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Articles 901 - 930 of 6580
Full-Text Articles in Law
Farewell, School House Rock (Understanding Legislative History Through The Lens Of The Aca), Nicole Huberfeld
Farewell, School House Rock (Understanding Legislative History Through The Lens Of The Aca), Nicole Huberfeld
Law Faculty Popular Media
In this blog post, Professor Nicole Huberfeld reviews John Cannan's article A Legislative History of the Affordable Care Act: How Legislative Procedure Shapes Legislative History, 105 L. Library J. 131 (2013).
Reconstructing The Contours Of The Copyright Originality And Idea-Expression Doctrines Regarding The Right To Deny Access To Works, Michael D. Murray
Reconstructing The Contours Of The Copyright Originality And Idea-Expression Doctrines Regarding The Right To Deny Access To Works, Michael D. Murray
Law Faculty Scholarly Articles
Access to innovative scientific, literary, and artistic content has never been more important to the public than now, in the digital age. Thanks to the digital revolution carried out through such means as super-computational power at super-affordable prices, the Internet, broadband penetration, and contemporary computer science and technology, the global, national, and local public finds itself at the convergence of unprecedented scientific and cultural knowledge and content development, along with unprecedented means to distribute, communicate, and access that knowledge. This Article joins the conversation on the Access-to-Knowledge, Access-to-Medicine, and Access-to-Art movements by asserting that the copyright restrictions affecting knowledge, innovation, …
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
Law Faculty Scholarly Articles
Prescription drug abuse problems have prompted a number of responses by both drug users (and abusers) and by various federal and state government agencies.
Part I of this Article examines the impressive array of liability theories that individual litigants have relied upon in their lawsuits against Purdue. These theories include: negligence; strict products liability, including design defect and inadequate warning claims; breach of the implied warranty of merchantability; violation of state consumer protection statutes; negligent marketing; fraudulent misrepresentation; civil conspiracy; and "malicious conduct." Purdue, the company that developed OxyContin, has pursued an aggressive "no settlement" policy and has chosen to …
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet
CRVAW Faculty Presentations
No abstract provided.
Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Law Faculty Advocacy
Amici curiae respectfully submit this brief in support of Petitioner, Edward Lane, encouraging the reversal of the judgment of the Eleventh Circuit, because the judgment below is inconsistent with both the Court’s general historical approach to public employee speech and the specific approach to such speech that the Court adopted in Garcetti v. Ceballos, 547 U.S. 410 (2006).
Amici are law professors who teach and write about the constitutional rights of public employees and have published a number of scholarly articles on these topics. Amici have no financial stake in the outcome of this case, and in this brief …
Proposed Regulation A Amendments Implementing The Jobs Act: Please, Sec, Revise Your Proposed Amendments In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Proposed Regulation A Amendments Implementing The Jobs Act: Please, Sec, Revise Your Proposed Amendments In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Law Faculty Advocacy
The Jobs Act was enacted to promote efficient access to external capital by small businesses. Title IV of the Jobs Act raises the limit on the exemption from federal registration provided by Regulation A to $50 million and requires the SEC to enact enabling regulations. The Commission’s first iteration of its proposed Regulation A amendments implementing Title IV of the Jobs Act fails to offer small businesses efficient access to external capital. Principally, this is because the proposed Regulation A amendments: (1) fail to preempt state registration authority over small offerings by small businesses relying on the proposed Regulation A …
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
Law Faculty Scholarly Articles
The law of judicial review of agency legal interpretations has undergone an important reshaping as a consequence of the Supreme Court decision in United States v. Mead Corp. That decision and the important follow-on decision in National Cable & Telecommunications Ass 'n v. Brand X Internet Services have changed the understanding of the Court's landmark 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. Chevron defined a new era of judicial deference to an agency's interpretation of an ambiguous statute, but the Chevron era has itself been transformed.
These legal developments had seemed to have little consequential …
River Of Hope, Elizabeth Gritter
River Of Hope, Elizabeth Gritter
Civil Rights
One of the largest southern cities and a hub for the cotton industry, Memphis, Tennessee, was at the forefront of black political empowerment during the Jim Crow era. Compared to other cities in the South, Memphis had an unusually large number of African American voters. Black Memphians sought reform at the ballot box, formed clubs, ran for office, and engaged in voter registration and education activities from the end of the Civil War through the Brown v. Board of Education decision of 1954.
In this groundbreaking book, Elizabeth Gritter examines how and why black Memphians mobilized politically in the period …
Proposed Crowdfunding Regulations Under The Jobs Act: Please, Sec, Revise Your Proposed Regulations In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Proposed Crowdfunding Regulations Under The Jobs Act: Please, Sec, Revise Your Proposed Regulations In Order To Promote Small Business Capital Formation, Rutheford B. Campbell Jr.
Law Faculty Advocacy
The Jobs Act was enacted to promote efficient access to external capital by small businesses. Title III of the Jobs Act offers small businesses the chance of efficient financial intermediation through crowdfunding. The crowdfunding exemption is not self-executing but, instead, requires regulatory implementation by the SEC.
The Commission’s first iteration of its crowdfunding rules fails to offer small businesses efficient access to external capital. Principally, this is because the proposed crowdfunding rules: (1) require excessive disclosures, especially regarding smaller crowdfunding offerings; (2) fail to offer small businesses relying on the crowdfunding exemption two-way safe harbor integration protection; and (3) fail …
Institutional Response To The Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study, Joy Blanchard
Institutional Response To The Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study, Joy Blanchard
Kentucky Journal of Higher Education Policy and Practice
Confusion regarding liability for student safety and whether federal regulations prohibit information sharing have become a concern on campuses. Do current policies mitigate liability yet still serve the best interest of students? Based on interviews of nearly 30 administrators at three campuses in 2008 and 2011, this case study examines the legal considerations used when responding to such concerns, particularly alcohol and mental health. Organizational capacity and culture structure are discussed; recommendations for practice are provided.
Keepers Of The Night: The Dangerously Important Role Of Resident Assistants On College And University Campuses, Christie M. Letarte
Keepers Of The Night: The Dangerously Important Role Of Resident Assistants On College And University Campuses, Christie M. Letarte
Kentucky Journal of Higher Education Policy and Practice
A great deal of responsibility and risk lies within the RA role. This Article acknowledges that RAs, who are some of the most important employees at institutions of higher education, are often under-trained and may negligently expose institutions to liability. More importantly, this Article aims to address how standards and regulation of the RA position can provide a better snapshot of the RA role, nightlife on college campuses, and reasonable expectations for students, parents, and employees.
Recent Legal Trends Support Requiring Colleges And Universities To Permit Emotional Support Animals In Student Housing, Neal H. Hutchens
Recent Legal Trends Support Requiring Colleges And Universities To Permit Emotional Support Animals In Student Housing, Neal H. Hutchens
Kentucky Journal of Higher Education Policy and Practice
Emerging legal trends suggest colleges and universities should be prepared to make accommodations for emotional support animals, specifically under the requirements of the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act. Examining recent legal developments, this practitioner brief considers a lawsuit brought by the United States against the University of Nebraska at Kearney to permit a student diagnosed with depression and anxiety to have a therapy dog in student housing. It also reviews recent guidance issued by the U.S. Department of Housing and Urban Development (HUD) addressing the use of service and assistance animals for individuals with …
Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein
Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein
Kentucky Journal of Higher Education Policy and Practice
This case study examines the public policy process in New Jersey and how it influenced the distribution of American Recovery and Reinvestment Act (ARRA) funds for higher education. New Jersey originally proposed to appropriate ARRA funds only to state-administered financial-aid programs in the FY2010 budget. Applying Kingdon’s (2003) public policy framework, this study explains how higher education advocates provided feedback, presented a successful alternative, and secured $39.6 million for public college and universities.
Foreword: Special Issue Dedicated To Legal Issues In Higher Education, Joy Blanchard
Foreword: Special Issue Dedicated To Legal Issues In Higher Education, Joy Blanchard
Kentucky Journal of Higher Education Policy and Practice
It is undeniable that legal issues are becoming more prevalent in the day-to-day operations of colleges and universities, as well as among policymakers and lawmakers. The manuscripts in this special issue illustrate the need for all those in higher education to become more aware of the changing legal environment and concomitant regulatory requirements, to educate top-down among those working with students, and for the higher education legal community to begin examining these issues from a broader lens and incorporate the scholarship of policy and organizational change to study the influence of the law on a broader level. This special issue …
Hazard And Blight: Methamphetamine Waste's Insidious Persistence And Why The Federal Government Should Be Guided By Kentucky's Approach To Cleanse Natural Resources, Brandon Adcock
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B), Stephen F. Soltis
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B), Stephen F. Soltis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford
Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford
Kentucky Law Journal
No abstract provided.
Direct Private Placements, William K. Sjostrom Jr.
Direct Private Placements, William K. Sjostrom Jr.
Kentucky Law Journal
No abstract provided.
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Forget Me, Forget Me Not: Reconciling Two Different Paradigms Of The Right To Be Forgotten, Lawrence Siry
Kentucky Law Journal
In May of 2014, the Court of Justice of the European Union handed down its decision in the case of Google Spain SL v. Agencia Española de Protección de Datos. This landmark decision ignited a firestorm of debate over the "right to be forgotten": the right of users to withdraw information about themselves available on the internet. With concerns about the restriction of the freedom of expression on the internet, many commentators have criticized the decision as unworkable and dangerous. Others have recognized continuity in the development of privacy and data protection jurisprudence within the European courts. Meanwhile in …
Hupp V. Beck Energy Corp.: The Future Of Oil And Natural Gas Development In Ohio, Ben Westbrook
Hupp V. Beck Energy Corp.: The Future Of Oil And Natural Gas Development In Ohio, Ben Westbrook
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Old School: A Recommendation For The Treatment Of The Disposition Of Property Exempt From Local Zoning Ordinances In Kentucky, Christopher J. Ryan Jr.
Old School: A Recommendation For The Treatment Of The Disposition Of Property Exempt From Local Zoning Ordinances In Kentucky, Christopher J. Ryan Jr.
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert
Cultivating Justice For Survivors Of Sexual Assault In America's Agricultural Industry, Laken Gilbert
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Uk Law Notes, 2014, University Of Kentucky College Of Law
Uk Law Notes, 2014, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
Corporate Voluntarism And Liability For Human Rights In A Post-Kiobel World, Robert C. Bird, Daniel R. Cahoy, Lucien J. Dhooge
Corporate Voluntarism And Liability For Human Rights In A Post-Kiobel World, Robert C. Bird, Daniel R. Cahoy, Lucien J. Dhooge
Kentucky Law Journal
No abstract provided.
Medicaid, Marketplaces, And Premium Assistance: What Is At Stake In Arkansas? The Perils And Pitfalls Of Medicaid Expansion Through Marketplace Premium Assistance, Sidney D. Watson
Medicaid, Marketplaces, And Premium Assistance: What Is At Stake In Arkansas? The Perils And Pitfalls Of Medicaid Expansion Through Marketplace Premium Assistance, Sidney D. Watson
Kentucky Law Journal
No abstract provided.
The New Regulation Of Small Business Capital Formation: The Impact - If Any - Of The Jobs Act, Rutheford B. Campbell Jr.
The New Regulation Of Small Business Capital Formation: The Impact - If Any - Of The Jobs Act, Rutheford B. Campbell Jr.
Kentucky Law Journal
No abstract provided.
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer
Kentucky Law Journal
No abstract provided.
Valuation In Light Of Uncertainty: How Stock Option Pricing Models Can Inform More Accurate Valuation Discounts For Built-In Gains, Rebecca N. Morrow
Valuation In Light Of Uncertainty: How Stock Option Pricing Models Can Inform More Accurate Valuation Discounts For Built-In Gains, Rebecca N. Morrow
Kentucky Law Journal
No abstract provided.
Busting The Ghost Guns: A Technical, Statutory, And Practical Approach To The 3-D Printed Weapon Problem, Katherine E. Beyer
Busting The Ghost Guns: A Technical, Statutory, And Practical Approach To The 3-D Printed Weapon Problem, Katherine E. Beyer
Kentucky Law Journal
No abstract provided.
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Kentucky Law Journal
No abstract provided.