Law Commons^™

Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram

Theses and Dissertations--Economics

Occupational choice at the margin depends on both the incentives for entry and barriers to entry. The primary entry barrier determined by regulation is an occupational license. These are government laws determining the minimum qualifications to enter an occupation including education, testing, fees, and background checks. These regulations are currently enforced on 25% of the US labor market. The laws are crafted to protect consumers from unsafe goods and services but also have important consequences in labor market outcomes. The consequences may include fewer workers entering the profession, changes to which workers enter the profession, and altering competition, all of …

Abram I. Elkus: The New York Yankees' First Lawyer, Robert M. Jarvis

Kentucky Law Journal

No abstract provided.

Written In Stone: The Meaning Of Public Monuments And Whether They Remain Or Go, Sanford Levinson

Kentucky Law Journal

No abstract provided.

Should Employers Have The Ability To Enforce Non-Compete Agreements Without Also Offering A Written Employment Contract?, Rowan Reid

Kentucky Law Journal

No abstract provided.

Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield

Kentucky Law Journal

No abstract provided.

Queering The Carceral Cycle: Women's Resistance To The Carceral State, Ashley Ruderman-Looff

Theses and Dissertations--Gender and Women's Studies

Building upon feminist and queer scholarship that recognizes mass incarceration and the prison-industrial complex as elements of an inherently violent carceral state, Queering the Carceral Cycle excavates and analyzes twentieth-century incidents in which women resisted the state’s criminalization and/or punishment of multiply marginalized women. I argue that the state’s response to women’s acts of resistance prompted the development of new carceral strategies and technologies that expanded the carceral state’s investment in control and punishment. Moreover, by critically embracing a Foucauldian scheme known as the “carceral cycle,” I demonstrate how the state traps multiply marginalized women in a seemingly endless recurrence …

Big Ink V. Bigger Tech, Ramsi Woodcock

Law Faculty Popular Media

When in 2011 Paul Krugman attacked the press for bending over backwards to give equal billing to conservative experts on social security, even though the conservatives were plainly wrong, I celebrated. Social security isn’t the biggest part of the government’s budget, and calls to privatize it in order to save the country from bankruptcy were blatant fear mongering. Why should the press report those calls with a neutrality that could mislead readers into thinking the position reasonable?

Journalists’ ethic of balanced reporting looked, at the time, like gross negligence at best, and deceit at worst. But lost in the pathos …

John Hervey Wheeler, Black Banking, And The Economic Struggle For Civil Rights, Brandon K. Winford

Civil Rights

WINNER OF THE LILLIAN SMITH BOOK AWARD

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina.

Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, this biography explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from …

Mise En Scene And The Decisive Moment Of Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

This article explores the attorney author's understanding and implementation of principles that define how visual rhetorical works fulfill the task of effective visual communication and advocacy. These principles-referred to as mise en scene-will guide the attorney in the identification or creation of works that will exhibit the "decisive moment" of effective visual rhetoric in legal contexts. In equal measure, knowledge and understanding of these principles will enable lawyers to design and use effective visuals, and to challenge or respond to the visual rhetorical works proffered by their opponents.

Explain It To Me: Tips For Effective Rule Explanation In Legal Analysis, Melissa N. Henke

Law Faculty Popular Media

The process of rule explanation is an important part of legal analysis, because it informs the legal reader, be it another attorney or a judge, how the legal rule has been applied in past cases. In other words, the rule explanation is where we use case law “to define, explain, and exemplify” the legal rule that determines the outcomes of the client’s problem or dispute. Legal writing texts refer to this discussion of past cases as case illustrations, case descriptions, or case examples, and they often devote substantial space to the topic. This column highlights four tips for improving the …

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy

Law Faculty Scholarly Articles

Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article …

The Social Documentary Photography Of Milton Rogovin, Christopher Fulton

Civil Rights

Milton Rogovin (1909–2011) dedicated his photographic career to capturing the humanity of working-class people around the world—coal miners, factory workers, the urban poor, the residents of Appalachia, and other marginalized groups. He worked to equalize the relationship between photographer and subject in the making of pictures and encouraged his subjects' agency by photographing them on their own terms. Rogovin's powerful insight and immense sympathy for his subjects distinguish him as one of the most original and important documentary photographers in American history.

Edited by Christopher Fulton, The Social Documentary Photography of Milton Rogovin is a multi-disciplinary study of the photographer's …

Professional Responsibility: An Open-Source Casebook, Brian L. Frye, Elizabeth Schiller

Law Faculty Books and Chapters

We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides …

The Current State Of Opioid Litigation, Richard C. Ausness

Law Faculty Scholarly Articles

Opioid litigation began around the turn of the century and mostly involved unsuccessful lawsuits by addicts against the manufacturers of prescription opioids. The landscape began to change several years ago when a number of state and local governments filed lawsuits against opioid drug manufacturers, seeking damages and other relief for the social and economic consequences of widespread opioid addiction in their territory. Since then, hundreds of government entities (hereinafter referred to as "government plaintiffs") have sued the manufacturers, distributors, prescribers, retail sellers, corporate officers and physician promoters of opioid products (hereinafter referred to as "defendants"). When I began working on …

Advertising As Monopolization In The Information Age, Ramsi Woodcock

Law Faculty Scholarly Articles

Economists have long recognized that advertising has two main functions: to inform and to persuade. In the information age, the information function is obsolete, because consumers can get all the product information they want from a quick Google search. That makes virtually all advertising today purely persuasive in function. The courts have long recognized that purely persuasive advertising is anticompetitive, because it induces consumers to buy products that they do not really prefer, harming consumers and placing sellers of consumers’ preferred products at a competitive disadvantage. Antitrust enforcers must respond to the obsolescence of the information function of advertising by …

Time For A Fresh Look At Strict Liability For Pharmaceuticals, Mary J. Davis

Law Faculty Scholarly Articles

Part I provides a brief and basic explanation of pharmaceutical liability treatment. Part II explains the impact of federal preemption doctrine, which has dramatically limited the operation of tort law in pharmaceutical liability cases. Part III explains the parallel trends in the marketing and use of pharmaceuticals that increase the incidence of adverse drug events, affect prescribing practices, and fail to enhance informed practitioner and consumer choice in use of pharmaceuticals. Part IV provides support for the application of strict liability given the convergence of these trends. This Part also provides a theoretical justification for strict liability in tort for …

Congestion Pricing Is Class Warfare. Here's A Better Idea., Ramsi Woodcock

Law Faculty Popular Media

Plans are afoot to charge drivers to enter Manhattan. But we need a fairer way to reduce traffic.

Slaves, Slaveholders, And A Kentucky Community's Struggle Toward Freedom, Elizabeth D. Leonard

Civil Rights

Countless lives were transformed by the war that split the nation, and many stories are yet to be revealed about how the Civil War and the Reconstruction era affected Kentuckians. One such narrative is that of Sandy Holt, who, in the summer of 1864, joined tens of thousands of former slaves and enlisted in the United States Colored Troops. He put his life on the line to secure the Union's survival and the end of slavery. Hundreds of miles away in a federal office, Sandy Holt's former owner, Joseph Holt, worked to achieve the same goals. No one could have …

Legal Realism: Unfinished Business, Ramsi A. Woodcock

Law Faculty Scholarly Articles

No abstract provided.

Metaphors On Trademark: A Response To Adam Mossoff, “Trademark As A Property Right”, Brian L. Frye

Law Faculty Scholarly Articles

No abstract provided.

The Elephant In The Market Power Debate, Ramsi Woodcock

Law Faculty Popular Media

Profits are the ultimate sign of market power. But for the past 40 years, economists and antitrust practitioners have disparaged the measurement of profit margins as unreliable. That needs to change, and new scholarship showing rising margins across the economy is leading the way.

The Politics Of Richard Wright, Jane Anna Gordon, Cyrus Ernesto Zirakzadeh

Civil Rights

A pillar of African American literature, Richard Wright is one of the most celebrated and controversial authors in American history. His work championed intellectual freedom amid social and political chaos. Despite the popular and critical success of books such as Uncle Tom's Children (1938), Black Boy (1945), and Native Son (1941), Wright faced staunch criticism and even censorship throughout his career for the graphic sexuality, intense violence, and communist themes in his work. Yet, many political theorists have ignored his radical ideas.

In The Politics of Richard Wright, an interdisciplinary group of scholars embraces the controversies surrounding Wright as …

Southern History On Screen, Bryan M. Jack

Civil Rights

Hollywood films have been influential in the portrayal and representation of race relations in the South and how African Americans are cinematically depicted in history, from The Birth of a Nation (1915) and Gone with the Wind (1939) to The Help (2011) and 12 Years a Slave (2013). With an ability to reach mass audiences, films represent the power to influence and shape the public's understanding of our country's past, creating lasting images—both real and imagined—in American culture.

In Southern History on Screen: Race and Rights, 1976–2016, editor Bryan Jack brings together essays from an international roster of scholars …

Standardizing The Law On Working Animals, Mallie A. Myers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Placing Our Wager On Equine Assisted Therapy For Kids: Utilizing Kentucky's Sb 200 Reinvestment Funds On Programs That Work, Amanda Mullins Bear

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Sazerac Brands V. Peristyle: Bourbon History Matters As A Matter Of Law, Brian F. Haara, Melissa M. Whitehead

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Art In The Age Of Contractual Negotiation, Christopher G. Bradley, Brian L. Frye

Kentucky Law Journal

No abstract provided.

Consuming The Benefits Of Copyright: Multijurisdictional Sales Tax Complexity, Adam B. Thimmesch

Kentucky Law Journal

No abstract provided.

Johnny Appleseed: Citizenship Transmission Laws And A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The Whp) Or Johnny And The Whp, Blanche Cook

Law Faculty Scholarly Articles

Title 8, United States Code, Section 1409-one of this country's

citizenship transmission laws-creates a white heteropatriarchal property right

in philandering, sexual exploitation, and rape (the "WHP"). Section 1409

governs the transmission of citizenship from United States citizens to their

children, where the child is born abroad, outside of marriage, and one parent is a

citizen and the other is not. Section 1409, however, draws a distinct gender

distinction between women and men: An unwed female American citizen who

births a child outside the United States, fathered by a foreign man, automatically

transmits citizenship to her child. An unwed male American …

Revising The Tax Law: The Tcja And Its Place In The History Of Tax Reform, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

Tax reform in the United States seems like a nearly unending process.

Despite this nearly constant tweaking of the law, there has not been a major

revision of the tax law in the U.S. since the bipartisan efforts that led to the

1986 tax reform. The law known as the Tax Cuts and Jobs Act (or "TCJA")

of 2017 (which most commentators continue to call it, and which title I will

use here, although the title was not formally enacted as part of the bill, leaving

the bill without an official name) represents the first major piece of tax

legislation …