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20th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 20th Annual Environmental Law Institute held by UK/CLE in March 2005.

Video Games As A Protected Form Of Expression, Paul E. Salamanca

Law Faculty Scholarly Articles

Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.

Reducing Private Violence Against Women In Public Housing: Can Second Generation Cpted Make A Difference?, Walter S. Dekeseredy, Alvi Shahid, Claire M. Renzetti, Martin D. Schwartz

CRVAW Faculty Journal Articles

No abstract provided.

Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason

Office for Policy Studies on Violence Against Women Publications

In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.

Uk Law Notes, 2005, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg

Law Faculty Scholarly Articles

The "monopoly theory of trademarks" would "antitrustize" trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …

Tell Me What You Eat, And I Will Tell Whom To Sue: Big Trouble Ahead For “Big Food"?, Richard C. Ausness

Law Faculty Scholarly Articles

Overweight consumers are seeking damages from purveyors of fast food for obesity-related health problems. Plaintiffs claim that products that are high in fat, sugar, salt and cholesterol are defective. Other potential liability theories include product category liability, failure to warn, failure to disclose nutritional information, deceptive advertising, and negligent marketing. However, in order to prevail at trial, plaintiffs must overcome problems with causation, duty and proximate cause, shifting responsibility, federal preemption, comparative fault, and assumption of risk. If such litigation is successful, it may induce fast-food companies to produce healthier products. Nevertheless, this Article concludes that the problem of obesity, …

Kentucky Corporate Fiduciary Duties, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In this article I offer an interpretation of Kentucky's corporate fiduciary law. The article is positive, in that it attempts to explain our law by reference to certain principles. The article is also normative, however, in that it offers constructive criticism regarding parts of Kentucky fiduciary law and suggests changes, refinements, and clarifications intended to promote fairness and economic efficiency in Kentucky corporations.

Both the positive and the normative aspects of this piece recognize the importance of the common law developments in Delaware (and other states) and the importance of the law and economics movement. I suggest, however, that Kentucky …

President Bush's Personal Retirement Accounts: Saving Or Dismantling Social Security, Kathryn L. Moore

Law Faculty Scholarly Articles

President Bush has long been a proponent of investing a portion of payroll taxes in the private sector. For example, in 1999, then-Governor George Bush said to free-market crusader Stephen Moore, "I just want you to know ... that I'm really committed to these private investment accounts." In 2001, President Bush directed a 16-member bipartisan commission, the President's Commission to Strengthen Social Security, to formulate a plan for Social Security reform that included voluntary personal retirement accounts. But it was not until the beginning of his second term in office that President Bush began in earnest his crusade to fundamentally …

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Kentucky Law Journal

No abstract provided.

Insufficient Causes, David A. Fischer

Kentucky Law Journal

No abstract provided.

No-Fault Death: Wedding Inheritance Rights To Family Values, Linda Kelly Hill

Kentucky Law Journal

No abstract provided.

Has Spam Been Fried? Why The Can-Spam Act Of 2003 Can't: Regulation Of Unsolicited Commercial Electronic Mail And The Can-Spam Act Of 2003, John W. Daniel

Kentucky Law Journal

No abstract provided.

Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland

Kentucky Law Journal

No abstract provided.

Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer

Kentucky Law Journal

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Corporate Fiduciary Duties In Kentucky, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.

The Lost Distinction Between Agency And Decisional Authority: Unfortunate Consequences Of The Member-Managed Versus Manager-Managed Distinction In The Limited Liability Company, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.

Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts

Kentucky Law Journal

No abstract provided.

The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt

Kentucky Law Journal

No abstract provided.

Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty

Kentucky Law Journal

No abstract provided.

The "New And Improved" Chapter 11, Stephen J. Lubben

Kentucky Law Journal

No abstract provided.

The Impact Of Revised Article 9, Lois R. Lupica

Kentucky Law Journal

No abstract provided.

Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt

Kentucky Law Journal

No abstract provided.

Mayday, Mayday!: How The Current Bankruptcy Code Fails To Protect The Pensions Of Employees, Amy Lassiter

Kentucky Law Journal

No abstract provided.

Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert

Kentucky Law Journal

No abstract provided.

Making The Obvious Choice Malpractice: Llps And The Lawyer Liability Time Bomb In Kentucky's 2005 Tax Modernization, Thomas E. Rutledge, Allan W. Vestal

Kentucky Law Journal

No abstract provided.