Law Commons^™

The Antitrust Duty To Charge Low Prices, Ramsi Woodcock

Law Faculty Scholarly Articles

Over the past forty years, antitrust has come to embrace a goal of consumer welfare maximization that cannot be achieved solely through condemnation of collusive or exclusionary conduct. To address cases in which firms achieve the power to raise prices and harm consumers without engaging in collusive or exclusionary conduct, antitrust should impose a general duty on businesses to charge a price no higher than economic cost. Courts would not need to set prices to enforce this duty, because violations would be punishable only by nominal damages, and shame, rather than by an injunction setting a reasonable price. Although the …

An Unseen Light, Aram Goudsouzian, Charles W. Mckinney, Jr.

Civil Rights

In An Unseen Light: Black Struggles for Freedom in Memphis, Tennessee, eminent and rising scholars present a multidisciplinary examination of African American activism in Memphis from the dawn of emancipation to the twenty-first century. Together, they investigate episodes such as the 1940 "Reign of Terror" when black Memphians experienced a prolonged campaign of harassment, mass arrests, and violence at the hands of police. They also examine topics including the relationship between the labor and civil rights movements, the fight for economic advancement in black communities, and the impact of music on the city's culture. Covering subjects as diverse as politics, …

A Model For Rigorously Applying The Exploration, Preparation, Implementation, Sustainment (Epis) Framework In The Design And Measurement Of A Large Scale Collaborative Multi-Site Study, Jennifer E. Becan, John P. Bartkowski, Danica K. Knight, Tisha R. A. Wiley, Ralph Diclemente, Lori Ducharme, Wayne N. Welsh, Diana Bowser, Kathryn Mccollister, Matthew Hiller, Anne C. Spaulding, Patrick M. Flynn, Andrea Swartzendruber, Megan F. Dickson, Jacqueline Horan Fisher, Gregory A. Aarons

Center on Drug and Alcohol Research Faculty Publications

Background

This paper describes the means by which a United States National Institute on Drug Abuse (NIDA)-funded cooperative, Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS), utilized an established implementation science framework in conducting a multi-site, multi-research center implementation intervention initiative. The initiative aimed to bolster the ability of juvenile justice agencies to address unmet client needs related to substance use while enhancing inter-organizational relationships between juvenile justice and local behavioral health partners.

Methods

The EPIS (Exploration, Preparation, Implementation, Sustainment) framework was selected and utilized as the guiding model from inception through project completion; including the …

Effects Of The Affordable Care Act On Health Behaviors After Three Years, Charles J. Courtemanche, James Marton, Benjamin Ukert, Aaron Yelowitz, Daniela Zapata

Institute for the Study of Free Enterprise Working Papers

This paper examines the impacts of the Affordable Care Act (ACA) – which substantially increased insurance coverage through regulations, mandates, subsidies, and Medicaid expansions – on behaviors related to future health risks after three years. Using data from the Behavioral Risk Factor Surveillance System and an identification strategy that leverages variation in pre-ACA uninsured rates and state Medicaid expansion decisions, we show that the ACA increased preventive care utilization along several dimensions, but also increased risky drinking. These results are driven by the private portions of the law, as opposed to the Medicaid expansion. We also conduct subsample analyses by …

Sailing Under False Colors: The Continuing Presence Of Negligence Principles In "Strict" Products Liability Law, Richard C. Ausness

Law Faculty Scholarly Articles

Dean Prosser, in his celebrated article, The Assault Upon the Citadel, compared the assault on warranty law's privity requirement to an attack on a stoutly defended fortress during the Middle Ages. Since that time, another conflict has arisen among students of products liability, namely whether product sellers should be subject to strict liability or whether certain aspects of this field should instead be controlled by negligence principles. However, unlike the assault some sixty years ago on the privity requirement, this present conflict bears a greater resemblance to the protracted trench warfare of World War I than it does to the …

Art In The Shadow Of The Law, Brian L. Frye

Law Faculty Popular Media

While precious little law is specific to art, a rich and complex body of social norms and customs effectively governs artworld transactions and informs the resolution of artworld disputes. In any case, a smattering of scholars study art law and a similar number of lawyers practice it. In this essay, I will provide a brief overview of art law from three different perspectives: the artist, the art market, and the art museum.

Antitrust As Corporate Governance: Why A Firm's Mission Is To Earn No Profit, Ramsi Woodcock

Law Faculty Popular Media

The consumer welfare standard in antitrust law requires that firms maximize the margin between price and product quality, a quantity called consumer welfare by economists. This standard, adopted in the 1970s, resolves the long-running debate about which corporate constituency has a right to the profits of the firm, because profits and consumer welfare are a zero-sum game: Profits can be generated only by reducing the margin between price and quality, in effect redistributing wealth from consumers to firms. The rule that consumer welfare must be maximized therefore means that profits must be minimized. The consumer welfare standard requires that firms …

A Political Companion To W. E. B. Du Bois, Nick Bromell

Civil Rights

Literary scholars and historians have long considered W. E. B. Du Bois (1868–1963) an extremely influential writer and a powerful cultural critic. The author of more than one hundred books, hundreds of published articles, and founding editor of the NAACP journal The Crisis, Du Bois has been widely studied for his profound insights on the politics of race and class in America. An activist as well as a scholar, Du Bois proclaimed, "I stand in utter shamelessness and say that whatever art I have for writing has been used always for propaganda for gaining the right of black folk to …

Black Bone, Bianca L. Spriggs, Jeremy D. Paden

Civil Rights

The Appalachian region stretches from Mississippi to New York, encompassing rural areas as well as cities from Birmingham to Pittsburgh. Though Appalachia's people are as diverse as its terrain, few other regions in America are as burdened with stereotypes. Author Frank X Walker coined the term "Affrilachia" to give identity and voice to people of African descent from this region and to highlight Appalachia's multicultural identity. This act inspired a group of gifted artists, the Affrilachian Poets, to begin working together and using their writing to defy persistent stereotypes of Appalachia as a racially and culturally homogenized region.

After years …

Hemp: How The Comeback Crop Is Budding In The Bluegrass, Elizabeth F. Ousley

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Pipelines, Electrical Lines, And Little Pink Houses: Do Any Limits On "Public Use" Remain In Eminent Domain Law?, Kristin J. Hazelwood

Law Faculty Scholarly Articles

That property is more than mere dirt, brush, or rugged terrain is made obvious by the fervor with which individuals will defend their right to inhabit or use that property. Property can be valuable to individuals for myriad reasons, including an ancestral connection to the property; "historic, religious, and cultural significance;" or emotional attachment. The desire to preserve the right to use property or to protect it from environmental harm can create atypical activists, such as the Sisters of Loretto in Kentucky. The sisters opposed the construction of the pipeline across their pristine property and voiced their disapproval of the …

Will Racing Reclaim Its Seat On The Throne? A New Tax Regulation And Pari-Mutuel Betting, Keziah K. Colleton

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Unleashing The Power Of The States: Broadening The Preemption Waiver So States Are Empowered To Combat Vehicle Emissions, Eric M. Feldpausch

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.

Fishhooks And Tripwire: A Particularized Implementation Of The Right To Roam To The Appalachian Trail, Katherine J. Moore

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Voice In The Wilderness: John Paul Stevens, Election Law, And A Theory Of Impartial Governance, Joshua A. Douglas, Cody S. Barnett

Law Faculty Scholarly Articles

Justice John Paul Stevens retired from the Supreme Court almost a decade ago and turned ninety-eight years old in April 2018. How should we remember his legacy on the Supreme Court? This Article places his legacy within his election law jurisprudence. Specifically, Justice Stevens provided a consistent theory, which we term “impartial governance,” that has had a lasting impact on the field. This theory undergirds Justice Stevens’s creation of the important Anderson-Burdick-Crawford balancing test that federal courts use to construe the constitutionality of laws that impact the right to vote, such as voter ID laws. It is part of his …

Book Review | Who Killed Betty Gail Brown? Murder, Mistrial, And Mystery, William H. Fortune

Law Faculty Popular Media

No abstract provided.

An Assessment Of Disability Access At The University Of Kentucky, Megan S. Coffinbargar

Oswald Research and Creativity Competition

This study assesses the Americans with Disabilities Act of 1990 (ADA) compliance at the University of Kentucky. Twenty buildings frequently used by undergraduates at the University of Kentucky were evaluated using the ADA Checklist for Existing Facilities focusing on Title III, Public Accommodations, and Priority Two, Access to Goods and Services. Data was collected over two weeks (July 20, 2017-August 3, 2017) and then evaluated using descriptive analysis. Data was analyzed looking across checklist items, buildings, checklist categories, and construction dates. Looking across checklist items, compliance ranged from 12-20 buildings out of 20 possible with 18.485 buildings as the average. …

The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries

Law Faculty Scholarly Articles

Can government function if its employees have individual rights that override their workplace duties? Intuitively, the answer is no, and the doctrine of public employee speech has mostly reflected this assumption. The Supreme Court has spoken authoritatively on these limitations on public employee speech, most recently in Garrett v. Ceballos and Lane v. Franks, but its jurisprudence on public employee religious expression has been less authoritative and more conflicting. Recent events pitting public employees' personal religious exercise against public rights and limitations on government necessitate the question at the beginning of this paragraph.

The Ballad Of Harry James Tompkins, Brian L. Frye

Law Faculty Scholarly Articles

At about 2:30 a.m. on Friday, July 27, 1934, William Colwell of Hughestown, Pennsylvania was awakened by two young men banging on his front door. When he went downstairs, they told him that someone had been run over by a train. Colwell looked out his side window. In the moonlight, he saw someone lying on the ground near the railroad tracks. He went back upstairs and told his wife that there had been an accident. She told him “not to go out, that them fellows was crazy,” but he dressed and went out to help anyway. Colwell's house was at …

Criminalizing (Poor) Fatherhood, Cortney E. Lollar

Law Faculty Scholarly Articles

States prosecute and incarcerate thousands of fathers every year for failing to pay their child support obligations. Ostensibly, these prosecutions aim to foster the health and well-being of children without requiring the child’s mother to bear the costs of raising the child alone. What may appear on the surface to be a system that balances out inequities is actually a deeply flawed government program—one that promotes criminal recidivism and reinforces the poverty of indigent fathers. Contrary to the common image of a “deadbeat dad” raking in money and staying on the lam to avoid helping a mother raise their child, …

Uk Law Notes, 2018, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Continued Turbulence In "Waters Of The United States", William T. Gorton Iii

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Opioid Epidemic And Rural American: Why The Usda Should Lead The Response, Lexy Gross

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Legalization Of Sports Betting: A Federalism Framework And The Horse Racing Model, Douglas L. Mcswain

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Kentucky's Agricultural And Ecological Future: Designing Legal And Policy Initiatives For The Commonwealth To Develop Tomorrow's Foodcrops, John W. Head

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The "Moo"Ve To Renewable Energy In Kentucky Begins With The Dairy Industry, Lucero Tennis

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Laser Pointers As A Threat To Aviation Safety: The Problem, Current Policies, And Proposed Solutions, Lukas Moffett

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

From Prohibition To Mandate: The Problem Of Cost In Environmental Regulation, Cameron Franey

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Ripeness In The Administrative Context: Total Gas & Power Of North America, Inc. V. Ferc, Zachary Sterling

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.