Law Commons^™

Collection Law In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Collection Law in Kentucky held by UK/CLE in September 2001.

Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan

Law Faculty Scholarly Articles

The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …

Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy

Law Faculty Scholarly Articles

In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (the Act or the CWA) to regulate the filling of “other waters.” This decision demonstrates a major shift in the Court's approach to statutory interpretation, particularly in the context of reviewing an agency’s understanding of a statute. The significance of the case is best gauged by contrasting it with United States v. Riverside Bayview Homes, Inc. There, the Court, acting …

28th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 28th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2001.

Estate Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Estate Litigation in Kentucky held by UK/CLE in July 2001.

Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore

Law Faculty Scholarly Articles

The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."

Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure but would …

Case Note: The Office Of The Independent Counsel And Grand Jury Secrecy, Melissa N. Henke

Law Faculty Scholarly Articles

In In re Sealed Case No. 99-3091, the D.C. Circuit ruled on a motion for summary reversal of an order entered by the U.S. District Court for the District of Columbia ("District Court"), where such order required the Office of Independent Counsel Kenneth Starr ("OIC") to provide evidence as to why the OIC should not be held in contempt for violating the grand jury secrecy rule, Rule 6(e). The alleged violation of grand jury secrecy concerned a New York Times article that contained information about the grand jury investigation of President William J. Clinton, and which named the OIC as …

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.

The Overwhelming Case For Elimination Of The Integration Doctrine Under The Securities Act Of 1933, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The thesis of this Article is that the Securities and Exchange Commission should entirely eliminate the integration doctrine from the Securities Act of1933. Under the integration doctrine, a single "offering" or "issue" of securities cannot be split. The doctrine is expensive for society and furthers no valid policy of the 1933 Act. More specifically, the doctrine does not promote investor protection but does retard capital formation, an outcome that is contrary to the presently articulated purposes of the 1933 Act.

Part II of this Article traces the history of the adoption of the integration doctrine both by the Commission and …

The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore

Law Faculty Scholarly Articles

Social Security does not provide retirement income in a vacuum. Rather, commentators often refer to our national retirement income system as a three legged stool, with Social Security representing one of the legs and employer sponsored pension plans and individual savings representing the other two legs. Because changes in one leg of the stool are likely to have a direct impact on the other two legs, policymakers must not consider Social Security changes in isolation, but should take account of their effect on employer-sponsored pensions and individual savings. This Article analyzes how one of the most popular proposals, partial privatization, …

Quality Control, Enterprise Liability, And Distintermediation In Managed Care, Nicole Huberfeld, John V. Jacobi

Law Faculty Scholarly Articles

In this article, the authors examine the potential of enterprise liability in light of current health-care finance realities. The article begins by addressing background issues of medical malpractice theory and the development of proposals for a form of plan-based enterprise medical liability centered on managed care organizations (MCOs). The authors then describe recent trends in the evolution of more loosely structured MCOs, including the emergence of "disintermediated," or patient-directed, plans. The authors examine the extent to which these developments weaken the rationales for plan-based enterprise liability. The article concludes nevertheless that plan-based enterprise liability best serves the goal of reducing …

Tax Expenditures, Social Justice And Civil Rights: Expanding The Scope Of Civil Rights Laws To Apply To Tax-Exempt Charities, David A. Brennen

Law Faculty Scholarly Articles

In recent years, courts have decided a number of cases in which private organizations discriminated against people based solely on their race, gender, sexual orientation, or other immutable traits. For example, in 2000, the Boy Scouts of America revoked a New Jersey man's membership in the Boy Scouts because he was gay. New Jersey's supreme court held that the Boy Scouts' action violated New Jersey's anti-discrimination law. Notwithstanding the state court's holding, the United States Supreme Court concluded that the First Amendment prevented any court from forcing the Boy Scouts to keep a gay man as a member of its …

The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement System, Kathryn L. Moore

Law Faculty Scholarly Articles

Principally because of increasing life expectancy and the fact that the baby boom generation is reaching retirement age and is followed by a much smaller generation, the American social security system is facing a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Trust Funds predicts that unless corrective action is taken, social security benefits will exceed dedicated tax revenues by the year 2016, and the social security system will become insolvent, that is, unable to pay benefits in full, by the year 2038.

The United States is not alone in facing these circumstances. …

Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg

Law Faculty Scholarly Articles

This article concerns trademark law's functionality doctrine and the Supreme Court's troublesome opinion concerning it in TrafFix Devices, Inc. v. Marketing Displays, Inc. The doctrine provides that if a producer's useful or aesthetic design feature is "functional," then competitors can lawfully copy it even if the feature otherwise would be protected against copying by trademark principles. In order to introduce the functionality doctrine and the trouble with TrafFix, it is helpful to describe the nature of design features, the simultaneous roles they may play as source-identifying trade symbols and as useful or aesthetic product elements, and trademark law's place …

Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg

Law Faculty Scholarly Articles

The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …

Tribute To Frederick W. Whiteside, Jr., Robert G. Lawson, William H. Fortune, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

A series of tributes to Frederick W. Whiteside, Jr., a professor at the University of Kentucky College of Law.

Currents In The Stream: The Evolving Legal Status Of Gay And Lesbian Persons In Kentucky, Matthew M. Morrison

Kentucky Law Journal

No abstract provided.

Romer, Hurley, And Dale: How The Supreme Court Languishes With "Special Rights", Christopher S. Hargis

Kentucky Law Journal

No abstract provided.

A Family Affair: Constitutional And Prudential Interests Implicated When Homosexuals Seek To Preserve Or Create Parent-Child Relationships, Kif Skidmore

Kentucky Law Journal

No abstract provided.

Prayer In Public Schools After Santa Fe Independent School District, Mark W. Cordes

Kentucky Law Journal

No abstract provided.

Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez

Kentucky Law Journal

No abstract provided.

Implications Of Fda Approval Of Ru-486: Regulating Mifepristone Within The Bounds Of The Constitution, Bradley E. Cunningham

Kentucky Law Journal

No abstract provided.

A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum

Kentucky Law Journal

No abstract provided.

Preemption Analysis After Geier V. American Honda Motor Co., Susan D. Hall

Kentucky Law Journal

No abstract provided.

Equal Opportunity For Employers: Elevating The Adverse Employment Action Standard To Allow Only Meritorious Retaliation Claims, Wendy Hyland

Kentucky Law Journal

No abstract provided.

Lessons From The Anticommons: The Economics Of New York Times Co. V. Tasini, Francesco Parisi, Catherine Ševčenko

Kentucky Law Journal

No abstract provided.

Ncaa V. Lasege And Judicial Intervention In Educational Decisions: The Kentucky Supreme Court Shoots An Air Ball For Kentucky Higher Education, Sheldon Elliot Steinbach

Kentucky Law Journal

No abstract provided.

Structural Principles And Presidential Succession, Howard M. Wasserman

Kentucky Law Journal

No abstract provided.

Federal Money Laundering Crimes-Should Direct Tracing Of Funds Be Required?, Joseph R. Miller

Kentucky Law Journal

No abstract provided.