Law Commons^™

Giving Millennials A Leg-Up: How To Avoid The "If I Knew Then What I Know Now" Syndrome, Leslie Larkin Cooney

Kentucky Law Journal

No abstract provided.

Was It Good For You Too? Conversation Analysis Of Two Interviews, Linda F. Smith

Kentucky Law Journal

No abstract provided.

You Are Being Watched: The Need For Notice In Employer Electronic Monitoring, Mindy C. Calisti

Kentucky Law Journal

No abstract provided.

Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones

Kentucky Law Journal

No abstract provided.

Judicially Reducing The Standard Of Care: An Analysis Of The Bad Faith/Gross Misjudgment Standard In Special Education Discrimination, Drew Miller

Kentucky Law Journal

No abstract provided.

Myspace Is Also Their Space: Ideas For Keeping Children Safe From Sexual Predators On Social-Networking Sites, Susan Hanley Duncan

Kentucky Law Journal

No abstract provided.

Let Us Eat Lettuce (And Spinach): Is The Bioterrorism Preparedness Act Enough Or Is An Independent Food Safety Agency Required?, Robert M. Yoke

Kentucky Law Journal

No abstract provided.

Pfo Law Reform, A Crucial First Step Toward Sentencing Sanity In Kentucky, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens

Kentucky Law Journal

No abstract provided.

Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan

Kentucky Law Journal

No abstract provided.

Creative Development: Helping Poor Countries By Building Creative Industries, Mark Schultz, Alec Van Gelder

Kentucky Law Journal

No abstract provided.

An Analysis Of Horse Racing Jockeys Riding Under Kentucky's Workers' Compensation Laws, Ian C. B. Davis

Kentucky Law Journal

No abstract provided.

Readin', 'Ritin','Rithmetic, And Responsibility: Advocating For The Development Of Controlled-Choice Student-Assignment Plans After Parents Involved, Sarah Sloan Wilson

Kentucky Law Journal

No abstract provided.

The True Colors Of Trademark Law: Greenlighting A Red Tide Of Anti Competition Blues, Ann Bartow

Kentucky Law Journal

No abstract provided.

Rock Of Ages: Why Kentucky's Use Of The Abandonment Test In Deciding The Ownership Of Mineral Refuse Is Inadequate, Monica Hobson Braun

Kentucky Law Journal

No abstract provided.

The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.

Telemarketers Gone Mobile: The Telephone Consumer Protection Act Of 1991 And Unsolicited Commercial Text Messages, J. Wesley Harned

Kentucky Law Journal

No abstract provided.

The Battle Over Implied Preemption: Products Liability And The Fda, Mary J. Davis

Law Faculty Scholarly Articles

A mere five years ago, the Food and Drug Administration (the "FDA") began, for the first time in its 100-year history, to take the position that its prescription drug labeling regulations defeated the ability of injured plaintiffs to pursue common law tort claims based on the adequacy of the labeling. This position, radical to many and rational to others, places federal preemption of prescription drug labeling actions directly in the center of the debate over the proper roles of federal regulation and state tort laws in promoting product safety. The U.S. Supreme Court has contributed to this debate with several …

The Commerciality Doctrine As Applied To The Charitable Tax Exemption For Homes For The Aged: State And Local Tax Perspectives, David A. Brennen

Law Faculty Scholarly Articles

This essay examines the question of how state and local government officials should consider federal tax law principles, like the commerciality doctrine, when they challenge state and local property tax exemptions that rely, at least in part, on tax-exempt charitable status for federal income tax purposes. In particular, this essay uses the example of continuing care retirement communities to consider tax-exempt law’s commerciality doctrine in an attempt to discern distinctions between “homes for the aged” that are “charitable,” and thus entitled to exemption, and those that are too commercial, and thus not entitled to exemption. In fact, one might say …

Social Security Reform: Fundamental Restructuring Or Incremental Change?, Kathryn L. Moore

Law Faculty Scholarly Articles

In light of Social Security's long-term deficit, reform of the system appears inevitable. Commentators and policymakers have offered a wide range of possible reforms. This Article describes and analyzes five possible types of reform: (1) individual accounts, (2) progressive price indexing, (3) general revenue and/or estate tax revenue financing, (4) increasing the maximum taxable wage base, and (5) increasing the normal retirement. The Article opposes the first two proposed changes, individual accounts and progressive price indexing, because they would fundamentally restructure the current system. The Article recommends that Social Security's financing difficulties be addressed by a combination of estate tax …

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …

The Health Implications Of Violence Against Women: Untangling The Complexities Of Actual And Chronic Effects: Part Two, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

The Health Implications Of Violence Against Women: Untangling The Complexities Of Acute And Chronic Effects: Part One, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Managers’ Fiduciary Duties In Financially Distressed Corporations: Chaos In Delaware (And Elsewhere), Rutheford B. Campbell Jr., Christopher W. Frost

Law Faculty Scholarly Articles

The inherent conflict between creditors and shareholders has long occupied courts and commentators interested in corporate governance. Creditors holding fixed claims to the corporation's assets generally prefer corporate decision making that minimizes the risk of firm failure. Shareholders, in contrast, have a greater appetite for risk, because, as residual owners, they reap the rewards of firm success while sharing the risk of loss with creditors.

Traditionally, this conflict is mediated by a governance structure that imposes a fiduciary duty on the corporation's managers-its officers and directors-to maximize the value of the shareholders' interests in the firm. In this traditional view, …

Conspiracy Theories: Is There A Place For Civil Conspiracy In Products Liability Litigation?, Richard C. Ausness

Law Faculty Scholarly Articles

A civil conspiracy is a group of two or more persons acting together to achieve an unlawful objective or to achieve a lawful objective by unlawful or criminal means. During the past two decades, plaintiffs have brought numerous civil conspiracy claims against product manufacturers. The defendants in these cases have included manufacturers or producers of tobacco products, asbestos, pharmaceuticals, lead-based paint, multi-rim truck wheels, and gasoline additives. Surprisingly, less than half of the civil conspiracy claims have made it to trial. This unimpressive success rate suggests that courts are not very receptive to civil conspiracy claims even when there is …

A Vote For Clarity: Updating The Supreme Court's Severe Burden Test For State Election Regulations That Adversely Impact An Individual's Right To Vote, Joshua A. Douglas

Law Faculty Scholarly Articles

The presidential election on November 2, 2004, was perhaps one of the most watched and contentious elections in recent memory. Both major parties knew that the race would come down to several battleground states, including Ohio. The real battle in Ohio, however, began a day or two before Election Day, when several federal judges clashed over whether to allow partisan challengers at the polls.

On October 31, 2004 and November 1, 2004, two separate district court judges ruled that an Ohio election statute allowing political parties and groups of five or more candidates to place challengers at election precincts to …

Book Review | The Battle For Social Security: From Fdr’S Vision To Bush’S Gamble By Nancy J. Altman (2005), Kathryn L. Moore

Law Faculty Scholarly Articles

This book review examines The Battle for Social Security: From FDR’s Vision to Bush’s Gamble by Nancy J. Altman (2005).

Uk Law Notes, 2007, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

The Legislative Privilege To Judge The Qualifications, Elections, And Returns Of Members, Paul E. Salamanca, James E. Keller

Law Faculty Scholarly Articles

In Stephenson v. Woodward, the Supreme Court of Kentucky functionally affirmed a quo warranto against a sitting member of the senate. Although a respectable argument can be made that the person in question was in fact not qualified to serve, the senate itself had deliberated on the issue and had reached its own respectable conclusion that she was qualified. More importantly, the Constitution of Kentucky, like the Constitution of the United States and that of virtually every other state, authorizes each house of the legislature to be the "judge of" its members' qualifications, elections and returns. According to the …

Kentucky 2006 Judicial Elections, William H. Fortune, Al Cross

Law Faculty Scholarly Articles

This Article is a short report on the impact of Republican Party of Minnesota v. White on the 2006 Kentucky judicial campaigns and elections. The series of events leading up to the 2006 elections can be traced to at least 1988.

While the Kentucky Judicial Campaign Conduct Committee (KJCCC) cannot claim a great impact on Kentucky's 2006 judicial elections, the authors of this Article believe that the committee played a positive role. For the most part, judicial candidates campaigned in a dignified and ethical manner, and refrained from running on issues that might strike a chord with the electorate. Judicial …