Law Commons^™

The Offshore Asset Protection Trust: A Prudent Financial Planning Device Or The Last Refuge Of A Scoundrel?, Richard C. Ausness

Law Faculty Scholarly Articles

In recent years, a large number of Americans have established "asset protection trusts" in foreign countries. An asset protection trust is a self-settled spendthrift trust which is created in order to protect the settlor's property from the claims of creditors. Virtually all American jurisdictions recognize spendthrift trusts, which prohibit both voluntary and involuntary alienation of a third party beneficiary's interest in a trust; however, most do not allow a settlor who has retained a beneficial interest in a spendthrift trust to protect that interest from the claims of creditors. A growing number of present and former British possessions, however, have …

The Sad, Sad Story Of Lula Viers, Richard H. Underwood, Sharon Ray

Law Faculty Scholarly Articles

In this article, Professor Richard H. Underwood explores the murder ballad entitled Lula Viers. Lula Viers was from the Appalachia region of Kentucky.

Balancing Lives: Individual Accountability And The Death Penalty As Punishment For Genocide (Lessons From Rwanda), Melynda J. Price

Law Faculty Scholarly Articles

The purpose of this Article is not to answer the question of whether the death penalty is an appropriate punishment for genocide. One could safely argue that there is an emerging norm in international law against the death penalty, but individual countries have maintained their right to use the death penalty and continue to do so in code and in practice. This Article, using Rwanda as a case study, evaluates the real outcomes of such discrepancies in punishment at the domestic and international level, and the ability of both approaches to bring justice to the victims of genocide. Both domestic …

Pharma On The Hot Seat, Nicole Huberfeld

Law Faculty Scholarly Articles

The pharmaceutical industry has been receiving greater scrutiny lately due in large part to the many public and private legal enforcement actions taken against pharmaceutical manufacturers. These enforcement actions, along with legal developments such as the OIG Compliance Guidance for Pharmaceutical Manufacturers, the Sarbanes-Oxley Act’s statutory guidelines for public corporations, the HIPAA privacy regulations, and the Medicare Modernization Act, have the potential to encourage the pharmaceutical industry to self-regulate beyond the bounds currently required by the law. After a brief overview of enforcement actions and compliance programs directed toward the pharmaceutical industry, this Article reviews a similar situation the hospital …

Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger

Law Faculty Scholarly Articles

This Article provides a timely examination of the European Union's approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author's recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU's internet privacy regime a theoretical framework constructed from the writings of philosopher and social theorist Alasdair MacIntyre on the failures of Enlightenment and post-Enlightenment thought. The EU internet privacy regime is shown to reflect and reinforce three key elements of the "post-Enlightenment paradigm," i.e., the …

Delimiting The Culture Defense, James M. Donovan, John Stuart Garth

Law Faculty Scholarly Articles

This essay builds upon the arguments of Alison Dundes Renteln in her influential book, The Cultural Defense (2004), in which she argues persuasively for a uniformly recognized culture defense in certain litigations. Critiquing some of her details, we recast her three-prong culture defense test to more effectively balance the competing interests of minority culture members to have their ways of life taken seriously by the courts, and of members of the dominant tradition who wish to preserve the rule of law with its necessary perception as treating all parties equally. The offered formulation now includes the following five elements:

1. …

Why Do Landlords Still Discriminate (And What Can Be Done About It)?, Robert G. Schwemm

Law Faculty Scholarly Articles

Let's say you have a serious, though not life-threatening, medical condition, such as a non-malignant growth in your back that causes considerable pain and impairs your ability to walk. At first, your doctor tells you there is no cure, but then one day, a new drug specifically designed to eliminate this kind of problem is approved. You take this drug, but notice no change. With your doctor's encouragement, you continue to take the drug, hoping that its cumulative effect will achieve the desired result. Twenty years go by with no relief. Then, your doctor tells you that a much stronger …

Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen

Law Faculty Scholarly Articles

On January 5,2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations," was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …

Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld

Law Faculty Scholarly Articles

The nonprofit sector and matters of nonprofit governance have been in the national spotlight much of late. One area of heightened interest is directors of healthcare entities regularly serving on the board of more than one healthcare organization. Even when board membership of related entities is relatively independent, one corporation's business plan frequently is affected (or even controlled) by the business needs of a separately incorporated parent, affiliate, or other related organization. Very little case law addresses "interlocking" directorates for nonprofit board members, and the case law that does exist tends to address narrow, fact-based state law interpretive issues rather …

Social Security Reform: An Analysis Of The Ball/Altman Three-Point Plan, Kathryn L. Moore

Law Faculty Scholarly Articles

In light of Social Security's long-term funding deficit, Robert Ball, a long-serving former Commissioner of the Social Security Administration, has proposed a three part plan that would bring the Social Security system into close actuarial balance. The first part of the plan consists of gradually increasing the maximum earnings base until it reaches 90 percent of earnings. The second part of the plan calls for dedicating the estate tax to funding Social Security beginning in 2010, and the third part of the plan consists of investing a portion of the Social Security trust fund in equities. Nancy Altman, Chairman of …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Extraordinary Sessions, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.

Kentucky Law Journal

No abstract provided.

Modern Partnership Law Comes To Kentucky: Comparing The Kentucky Revised Uniform Partnership Act And The Uniform Act From Which It Was Derived, Allan W. Vestal, Thomas E. Rutledge Jr.

Kentucky Law Journal

No abstract provided.

The Supreme Court And The Federalist: A Supplement, 2001-2006, Buckner F. Melton Jr., Carol Willcox Melton

Kentucky Law Journal

No abstract provided.

Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams

Kentucky Law Journal

No abstract provided.

Home Sweet Home?! Maybe Not For Parolees And Probationers When It Comes To Fourth Amendment Protection, David M. Stout

Kentucky Law Journal

No abstract provided.

Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.

Kentucky Law Journal

No abstract provided.

Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr

Kentucky Law Journal

No abstract provided.

The Economic Torts And English Law: An Uncertain Future, Hazel Carty

Kentucky Law Journal

No abstract provided.

"Deep" Impact: Can A Tort Theory Of Deepening Insolvency Survive In The "Options Backdating" Era?, Phillip G. Lewis

Kentucky Law Journal

No abstract provided.

The Solution To The Economic Loss Doctrine Confusion: The Disappointed Expectations Test, Mackenzie Mayes Walter

Kentucky Law Journal

No abstract provided.

The Economic Loss Rule And Missed Opportunities: How To Keep Kentucky From Drowning In A Sea Of Tort, Matthew J. Pujol

Kentucky Law Journal

No abstract provided.

Mucking Out The Stalls: How Krs § 230.357 Promises To Change Custom And Facilitate Economic Efficiency In The Horse Industry, R. Kelley Rosenbaum

Kentucky Law Journal

No abstract provided.

Teaching Economic Torts, Jay Feinman

Kentucky Law Journal

No abstract provided.

Corporate Deferred Prosecutions Through The Looking Glass Of Contract Policing, Candace Zierdt, Ellen S. Podgor

Kentucky Law Journal

No abstract provided.

Plain Meaning Vs. Broad Interpretation: How The Risk Of Opportunism Defeats A Unitary Default Rule For Interpretation, Juliet P. Kostritsky

Kentucky Law Journal

No abstract provided.

Married In Kentucky: A Surviving Spouse's Dower Right In Personalty, Elizabeth S. Muyskens

Kentucky Law Journal

No abstract provided.

The Case For Kentucky Sex Offenders: Residency Restrictions And Their Constitutional Validity, Alicia A. Sterrett

Kentucky Law Journal

No abstract provided.

Auctioning Off Integrity: The Legitimacy Of Seller-Rebate Agreements In The Thoroughbred Auction Context, Daniel Waxman

Kentucky Law Journal

No abstract provided.