Law Commons^™

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

Law Faculty Scholarly Articles

This paper explores the function and purpose of the Artist’s Contrast as a legal document—but not from the perspective of legal enforceability, which is how legal effectiveness is traditionally measured. Rather this paper tells the story of a document that relies upon hallmarks of law (legal language, formality, specificity, and so on) in order to express and attempt to consolidate particular views on artists, artworks, the collectors to whom they sell, and the markets in which they sell. This powerful connection inevitably continues past the moment of sale, and the Artist’s Contract can be read as an attempt to rearrange …

State And Local Laws Banning Source-Of-Income Discrimination, Robert G. Schwemm

Law Faculty Scholarly Articles

Most states and many localities have civil rights laws that are substantially equivalent to the federal Fair Housing Act ("FHA"),' which means they at least ban discrimination based on the seven factors outlawed by the FHA (i.e., race, color, religion, national origin, sex, familial status, and disability). Many of these state and local laws also include other protected classes, such as age, marital status, sexual orientation, and source of income.

This Article reviews state and local efforts to outlaw source-of-income discrimination.4 (For its part, Congress currently has multiple bills before it that would add such a prohibition to the FHA.) …

A "Mere Expectancy?" What Rights Do Beneficiaries Of A Revocable Trust Have Prior To The Death Of The Settlor?, Richard C. Ausness

Law Faculty Scholarly Articles

Revocable trusts became a popular form of a will substitute in the 1960s and remain so to this day. If the trust is funded, the settlor typically retains the right to receive income from the trust, the right to invade the trust principal, and the right to modify the terms of the trust. In addition, the settlor may serve as trustee or may appoint a third-party trustee. At the settlor's death, the trust assets, which may also include property transferred to the trust from the settlor's probate estate by means of a pour-over provision in the will, will be distributed …

Essays On Institutions And Development, Andrew Jonelis

Theses and Dissertations--Economics

The essays in this dissertation examine how political institutions affect economic development. In the first essay, I examine how executive control of the legislature shapes the time horizon of governing politicians and its effect on economic growth. The second essay examines how border changes over the past two centuries have provided different areas within modern countries with different institutional histories and how this affects the geographic concentration of economic activity. For the final essay, I examine whether elections have an effect on macroeconomic volatility when controlling for the democratic nature of the regime.

The Effect Of State-Level Constitutional Debt Limitations On The Costs Of Capital, Micah Johnson

MPA/MPP/MPFM Capstone Projects

Forty-five states have adopted some form of constitutional limitation on their own legislature’s ability to issue debt and raise capital. Eleven states have more than one such limitation. It seems intuitive to assume that constitutional strictures on a state’s ability to manage its fiscal policy would affect that state’s standing in the market, and it seems equally safe to assume that different combinations of the various forms of debt limitation would lead to varying effects in the market from state to state. However, the specific effects arising from the various constitutional provisions have proven to be difficult to measure. This …

Procure-To-Pay Software In The Digital Age: An Exploration And Analysis Of Efficiency Gains And Cybersecurity Risks In Modern Procurement Systems, Drew Lane

MPA/MPP/MPFM Capstone Projects

Procure-to-Pay (P2P) softwares are an integral part of the payment and procurement processing functions at large-scale governmental institutions. These softwares house all of the financial functions related to procurement, accounts payable, and often human resources, helping to facilitate and automate the process from initiation of a payment or purchase, to the actual disbursal of funds. Often, these softwares contain budgeting and financial reporting tools as part of the offering. As such an integral part of the financial process, these softwares obviously come at an immense cost from a set of reputable vendors. In the case of government, these vendors mainly …

An Exploratory Comparison Of Kentucky Public School Districts That Primarily Select The “Compensating Rate”, Andrew J. Wells

MPA/MPP/MPFM Capstone Projects

Public school districts in the Commonwealth of Kentucky are primarily funded from federal, state, and local sources. While the proportion of each of these funding sources differs from district to district, the local property tax is one source that is within the control of locally-elected officials: the members of the local Board of Education. While some Boards of Education choose to increase local tax rates to increase local revenue, others do not. This research suggests that property value assessments and median incomes of districts that choose not to increase tax rates are similar. A majority of the counties studied are …

Legalizing Recreational And Medical Marijuana In The State Of Kentucky: A Tax Revenue Recommendation, Drew Barker

MPA/MPP/MPFM Capstone Projects

No executive summary.

Res Ipsa Loquitur: Reducing Confusion Of Creating Bias?, Jeffrey H. Kahn, John E. Lopatka

Kentucky Law Journal

No abstract provided.

Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson

Kentucky Law Journal

No abstract provided.

Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen

Kentucky Law Journal

No abstract provided.

Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton

Kentucky Law Journal

No abstract provided.

Redefining The Third-Party Doctrine: Carpenter's Effect On Dna Privacy, Drew M. Baldwin

Kentucky Law Journal

No abstract provided.

Ai And The "Death Of Trademark", Michael Grynberg

Kentucky Law Journal

No abstract provided.

Facing The Growing Tension Between Conservation Easements And The Common Law, J. Brady Hagan

Kentucky Law Journal

No abstract provided.

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.

The Struggle Is Eternal, Joseph R. Fitzgerald

Civil Rights

Many prominent and well-known figures greatly impacted the civil rights movement, but one of the most influential and unsung leaders of that period was Gloria Richardson. As the leader of the Cambridge Nonviolent Action Committee (CNAC), a multifaceted liberation campaign formed to target segregation and racial inequality in Cambridge, Maryland, Richardson advocated for economic justice and tactics beyond nonviolent demonstrations. Her philosophies and strategies—including her belief that black people had a right to self–defense—were adopted, often without credit, by a number of civil rights and black power leaders and activists.

The Struggle Is Eternal: Gloria Richardson and Black Liberation explores …

Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …

Getting Visual, Michael D. Murray

Law Faculty Popular Media

No abstract provided.

Blurring Institutional Boundaries: Judges' Perceptions Of Threats To Judicial Independence, Alyx Mark, Michael A. Zilis

Political Science Faculty Publications

The legislature wields multiple tools to limit judicial power, but scholars have little information about how judges interpret variant threats and which they find most concerning. To provide insight, we conduct original interviews regarding legislative threats to courts with over two dozen sitting federal judges, representing all tiers of the federal judiciary. We find that judges have a nuanced understanding of threats and tend to identify components of legislative proposals that threaten formal institutional powers as more concerning than those challenging policy set by judges. This distinction has broad implications for our understanding of judicial behavior at the federal level.

Monuments Of Folly: How Local Governments Can Challenge Confederate "Statue Statutes", Zachary A. Bray

Law Faculty Scholarly Articles

Monuments to the Confederacy and former Confederate figures have been prominently displayed in parks, courthouse squares, and other public spaces of many American towns and cities for many years. Their history is inextricably linked with patterns of institutionalized racism, including but not limited to the rise of Jim Crow and resistance to the integration of public schools. In recent years, the continued display of these monuments has given rise to intense controversy and outbreaks of violence. In response, some local governments have sought to remove or modify Confederate monuments in public spaces, but in several states, local governments face statutory …

Leaving The Devil You Know: Crime Victimization, Us Deterrence Policy, And The Emigration Decision In Central America, Jonathan T. Hiskey, Abby Córdova, Mary Fran Malone, Diana M. Orcés

Political Science Faculty Publications

Following a sharp increase in the number of border arrivals from the violence-torn countries of Guatemala, El Salvador, and Honduras in the spring and summer of 2014, the United States quickly implemented a strategy designed to prevent such surges by enhancing its detention and deportation efforts. In this article, we examine the emigration decision for citizens living in the high-crime contexts of northern Central America. First, through analysis of survey data across Guatemala, El Salvador, and Honduras, we explore the role crime victimization plays in leading residents of these countries to consider emigration. Next, using survey data collected across twelve …

Advertising Is Obsolete -- Here's Why It's Time To End It, Ramsi Woodcock

Law Faculty Popular Media

Since it first became clear that Russian agents spent thousands of dollars a month on political advertising on social media in the runup to the 2016 presidential election, Americans have been asking how the powerful advertising infrastructure run by Google and Facebook could have been thrown open to foreign agents.

But fewer have stopped to ask whether there is a good reason for this infrastructure to exist at all. Why, exactly, is it a good thing for Facebook and Google to be selling advertising to anyone, let alone Russian agents?

The obvious answer seems to be so that legitimate advertisers, …

Readings In Parallel Judiciaries, Paul E. Salamanca

Law Faculty Books and Chapters

No abstract provided.

Christmas In July: A Response To David Fagundes, Why Less Property Is More, Brian L. Frye

Law Faculty Scholarly Articles

A response to David Fagundes, Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being, 103 Iowa L. Rev. 1361 (2018).

Ohio V. Amex, Supply Chain Fairness, And The Inadequacy Of Antitrust's Consumer Welfare Standard, Ramsi Woodcock

Law Faculty Popular Media

he Supreme Court’s decision in Ohio v. American Express last week demonstrates the inadequacy of antitrust’s consumer welfare standard, which limits enforcers to challenging only anticompetitive behavior that harms consumers. Under that standard, the Court could not condemn Amex’s blatantly anticompetitive limits on the ability of merchants to encourage consumers to use less expensive credit cards because the limits sapped the bargaining power of one level of the supply chain (merchants) in their negotiations with another (a credit card company), but did not obviously harm consumers. What antitrust needs is a standard that protects the bargaining power of Americans from …

A Political Companion To Frederick Douglass, Neil Roberts

Civil Rights

Frederick Douglass (1818–1895) was a prolific writer and public speaker whose impact on American literature and history has been long studied by historians and literary critics. Yet as political theorists have focused on the legacies of such notables as W. E. B. Du Bois and Booker T. Washington, Douglass's profound influence on Afro-modern and American political thought has often been undervalued. In an effort to fill this gap in the scholarship on Douglass, editor Neil Roberts and an exciting group of established and rising scholars examine the author's autobiographies, essays, speeches, and novella. Together, they illuminate his genius for analyzing …

Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle

Library Faculty and Staff Publications

This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this lesson …

The Obsolescence Of Advertising In The Information Age, Ramsi Woodcock

Law Faculty Scholarly Articles

The vast amount of product information available to consumers through online search renders most advertising obsolete as a tool for conveying product information. Advertising remains useful to firms only as a tool for persuading consumers to purchase advertised products. In the mid-twentieth century, courts applying the antitrust laws held that such persuasive advertising is anticompetitive and harmful to consumers, but the Federal Trade Commission (FTC) was unable to pursue an antitrust campaign against persuasive advertising for fear of depriving consumers of advertising’s information value. Now that the information function of most advertising is obsolete, the FTC should renew its campaign …

Good Critical Reading Strategies Can Improve Legal Writing, Jane Bloom Grisé

Law Faculty Popular Media

No abstract provided.