Law Commons^™

Secured Credit And Effective Entity Priority, Christopher W. Frost

Law Faculty Scholarly Articles

The historical and doctrinal development of secured transactions and bankruptcy law has created a priority system that is asset based. Secured creditor priority is tied to the value of specific assets that constitute the secured creditor’s collateral and not to the value of the debtor itself. And yet, in corporate bankruptcy cases, lenders and their attorneys often assert broad claims to the entire enterprise value of the entity—that is, to the present value of the cash flows that the entity will generate as a going concern. The doctrinal basis for such claims is often unstated, however, and several commentators have …

Disrupting Secured Transactions, Christopher G. Bradley

Law Faculty Scholarly Articles

Article 9 of the Uniform Commercial Code (UCC) governs secured transactions in personal property in all fifty states and has been lauded as “the most successful commercial statute ever.” But while Article 9 has facilitated commerce and economic growth, it remains complicated and inefficient in numerous respects. Its weaknesses are well known but have been considered necessary evils, accepted because no better approaches were available. But just as the UCC was motivated initially by the idea of streamlining the law to accommodate modern commerce, now that goal should motivate revision of the UCC itself.

This Article proposes to remove and …

Too Much, Too Soon? Obergefell As Applied Equality Practice, James M. Donovan, Alyssa Oakley Milby

Law Faculty Scholarly Articles

Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde reaction seeking to preserve the familiar status quo. When the world by which we define ourselves undergoes unexpected transitions, especially in directions that contradict the comfortable taken-for-granted assumptions that had been earlier enjoyed, we feel threatened. One needs only recall how the new standards of racial equality announced in Brown I and Brown II elicited virulent protests as some districts chose to shutter all public schools rather than have them become racially integrated. In the shadow of such traumas, it may seem an obvious lesson that progress …

Not For The Taking: Murr V. Wisconsin And The Denominator Problem, Colton L. Adams

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Immigration Or Alienage? How States Can Legislate To Protect Undocumented Agricultural Workers, Adam Hutchinson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Smoky Grapes: Why The Risk Of Smoke Exposure Should Modify Grape Contracts, Kelly Ball

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Absolute Insurer Rule: An Unconstitutional And Ineffective Means Of Mitigating Illegal Equine Drugging In The “Sport Of Kings”, Brian Calhoun Mundell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Lasix Is A "Failed Experiment": Why The United States Should Follow Other Countries And Ban Lasix, Caitlyn Barnes

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Look At How United States Immigration And Labor Policy Affect The Foreign Workforce On American Farms, Benjamin A. Dennison

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Misadventure Of Copyrighting State Law, Eric E. Johnson

Kentucky Law Journal

No abstract provided.

Limiting Lessons From Property: Reimagining The Public Domain In The Image Of The Public Trust Doctrine, Deirdré A. Keller

Kentucky Law Journal

No abstract provided.

Experimenting With State-Enacted Resale Rights, Guy A. Rub

Kentucky Law Journal

No abstract provided.

A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia

Kentucky Law Journal

No abstract provided.

Divorce, Domicile, And The Constitution, Mark Strasser

Kentucky Law Journal

No abstract provided.

Measuring Police Officer Self-Efficacy For Working With Individuals With Autism Spectrum Disorder, Abigail M. A. Love

Theses and Dissertations--Educational, School, and Counseling Psychology

Autism spectrum disorder (ASD) is currently one of the most researched of all childhood developmental disorders and is receiving attention in many domains including popular media, social sciences, education, and medicine. The purpose of this dissertation was to design and provide initial psychometric evidence for a scale that measures police officer self-efficacy for working with individuals with ASD. Psychometric properties of a scale designed to measure knowledge of ASD were also explored. Data from 620 police officers actively serving in the United States were collected in two separate phases. A 13-item scale was created to measure police officer self-efficacy for …

High On Federalism: Marijuana's Challenge To Federal-State Relations, Ilya Shapiro, Matthew Larosiere

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Freezing The Future: Elective Egg Freezing And The Limits Of The Medical Expense Deduction, Tessa R. Davis

Kentucky Law Journal

No abstract provided.

The "Mendacious" Common-Law Mortgage, D.P. Waddilove

Kentucky Law Journal

No abstract provided.

The Myth Of Settlement In Mdl Proceedings, Douglas G. Smith

Kentucky Law Journal

No abstract provided.

Prize-Linked Savings In Kentucky: How Breaking Up The State Lottery's Monopoly Over Promotional Raffles Could Help Kentucky's Savings Crisis, Sarah Gabhart

Kentucky Law Journal

No abstract provided.

Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger

Kentucky Law Journal

No abstract provided.

Calling A Spade, A Spade: Infirmities Facing Bump Stock Regulation Under The National Firearms Act, William Tyler Gilbert

Kentucky Law Journal

No abstract provided.

When Nowhere Becomes Somewhere: Gentrification In Rural Communities And How Proactive Community Planning And A Progressive Property Valuation System Can Stem The Tide, Mat Payne

Kentucky Law Journal

No abstract provided.

Pragmatism Vs. Principle: Bankruptcy Appeals And Equitable Mootness, Christopher W. Frost

Law Faculty Scholarly Articles

Bankruptcy reorganizations are often thought to present unique problems requiring specialized doctrines. Equitable mootness is one such doctrine. This judge-made prudential limitation on appeal rights permits reviewing courts to dismiss otherwise justiciable appeals of bankruptcy court confirmations of reorganization plans. It applies where granting relief would disrupt the implementation of the plan or would harm reliance interests of parties affected by the plan.

Chapter 11 reorganizations present complex multilateral negotiation problems. The bankruptcy represents a general default, pitting stakeholder against stakeholder in conflicts that require a global settlement. The plan of reorganization provides that global settlement through an interconnected web …

Perversity As Rationality In Teacher Evaluation, Scott R. Bauries

Law Faculty Scholarly Articles

Rational basis review is broken. Consider a vignette: Imagine a student, Lisa, who is about to graduate high school. Lisa has already completed all of the graduation course requirements early and is spending her time during her senior year taking interesting electives and dual-enrollment college courses. The state has a statute that requires school districts to deny a diploma to any student “who, during the final year of school attendance, fails to achieve a passing score on the state-approved, end-of-course exams in the courses of Language Arts, Mathematics, Science, and Social Studies in which that student is then-currently enrolled.”

As …

Reviving Criminal Equity, Cortney Lollar

Law Faculty Scholarly Articles

Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet revival is occurring in criminal jurisprudence as well. After undertaking such an investigation, this Article uncovers the remarkable discovery that equitable remedies, including injunctions and specific performance, are experiencing a resurgence in both federal and state criminal jurisprudence. Courts have granted equitable relief in a range of scenarios, providing reprieve from unconstitutional bail and probation practices and allowing for an appropriate remedy to ineffective assistance …

Stop Traffic: Using Expert Witnesses To Disrupt Intersectional Vulnerability In Sex Trafficking Prosecutions, Blanche Cook

Law Faculty Scholarly Articles

Sex trafficking thrives on intersectional inequality and reinforcing

layers of vulnerability. Sex trafficking exists on a continuum of

sexualized violence, from microaggressive sexual harassment to

macroaggressive gang rapes, all of which create vulnerability in the

victim and perfect sovereignty in the perpetrator. Sexualized violence

performs power, as it is raced, classed, and gendered. Power not only

requires performance, but it necessitates repetitive reenactments of

domination in order to normalize its compulsive and pathological nature.

Lynchings, police shootings, gang rapes, and sex trafficking are all

performances of power on vulnerable bodies through which power

perfects itself. The same inequality that creates …

The 2019 Revealed-Preferences Ranking Of Law Schools, Christopher J. Ryan, Brian L. Frye

Law Faculty Scholarly Articles

In 2017, we published A Revealed-Preferences Ranking of Law Schools, which presented the first (intentionally) objective ranking of law schools. Other law school rankings are subjective because their purpose is to tell prospective law students where to matriculate. Our “revealed preferences” ranking is objective because its purpose is to ask where prospective law students actually choose to matriculate. In other words, subjective rankings tell students what they should want, but our objective ranking reveals what students actually want. These rankings were originally based on an average of the previous five years of LSAT and GPA quartile and median averages …

State Automatic Enrollment Iras After The Trump Election: Are They Preempted By Erisa?, Kathryn L. Moore

Law Faculty Scholarly Articles

In recent years, a number of states have sought to close the retirement savings funding gap by enacting legislation mandating that employers that do not sponsor a voluntary pension plan for their employees automatically enroll their employees in a state-administered IRA program. This Article focuses on the most serious legal challenge these programs face: ERISA preemption.

The Article begins by providing an overview of the state automatic enrollment IRA programs. It then discusses a regulatory safe harbor created for these programs in 2016 and disapproved under the Congressional Review Act in 2018. It then turns to the question whether, in …

Precedent, Three-Judge District Courts, And The Law Of Democracy, Joshua A. Douglas

Law Faculty Scholarly Articles

As recent partisan gerrymandering cases have shown, three-judge district courts play a unique and important role in how the federal judiciary considers significant election law disputes. Yet two somewhat quirky procedural questions involving these courts remain unresolved: first, is a Supreme Court ruling to summarily affirm a three-judge district court’s decision precedential on all future courts? That is, why should a one-line order from the Supreme Court, without explanation, formally bind all future courts on the issue, especially when it is unclear what aspect of the lower court’s decision was correct? Second, must a three-judge district court follow, as mandatory …