Law Commons^™

Quality Assurance Privilege In Nursing Home Litigation: Why Kentucky Should Adopt The Narrow Approach, Hannah R. Jamison

Kentucky Law Journal

No abstract provided.

The Right To Be Forgotten: Who Decides What The World Forgets?, Patricia Sánchez Abril, Jacqueline D. Lipton

Kentucky Law Journal

In May 2014, the Court of Justice for the European Union ("CJEU") surprised the global cyber law community by holding that search engines like Google are "controllers" of the processing of personal data under the European Union Data Protection Directive. This means that they are obliged in some circumstances to remove links from search results that pertain to information that infringes on an individual's rights under the Directive. This obligation has come to be referred to as an aspect of a digital "right to be forgotten." The search results in question related to a mortgage sale of property in a …

Fictions Of Omniscience, Karen Petroski

Kentucky Law Journal

Recent studies of the legislative process have questioned the rationales for many principles of statutory interpretation. One of those traditional rationales is the so-called fiction of legislative omniscience, thought to underlie many judicial approaches to statutory decisions. This Article presents the first comprehensive analysis of judicial assertions about legislative awareness and proposes a different way of understanding them. The proposed perspective compares fictions of legislative omniscience with similar but more widely accepted imputations of knowledge in other areas of law; it also draws on recent findings from other disciplines on the use and comprehension of statements about fictional situations. The …

"Hobby-Lobby"-Ing For Religious Freedom: Crafting The Religious Employer Exemption To The Ppaca, Emily Pitt Mattingly

Kentucky Law Journal

No abstract provided.

Emergency Response: A Systemic Approach To Diaper Rash, Chest Pain, And Medicaid In The Ed, Sallie Thieme Sanford

Kentucky Law Journal

No abstract provided.

The Future Of Medicaid Supplemental Payments: Can They Promote Patient-Centered Care?, Laura D. Hermer, Merle Lenihan

Kentucky Law Journal

No abstract provided.

Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard

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

Kentucky Law Journal

No abstract provided.

Direct Private Placements, William K. Sjostrom Jr.

Kentucky Law Journal

No abstract provided.

The Role Of The States In The Regulation Of Private Placements, Manning Gilbert Warren Iii

Kentucky Law Journal

No abstract provided.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, Linda L. Bryant, James G. Dwyer

Kentucky Law Journal

No abstract provided.

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

Kentucky Law Journal

No abstract provided.

Giving Meaning To "Meaningful Access" In Medicaid Managed Care, Mary Crossley

Kentucky Law Journal

No abstract provided.

Medicaid Evolution For The 21st Century, John V. Jacobi

Kentucky Law Journal

No abstract provided.

Expanding The Scope Of Who May Petition For Domestic Violence Protective Orders In Kentucky, Sarah Lawson

Kentucky Law Journal

No abstract provided.

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.

Pretrial Detention In Kentucky: An Analysis Of The Impact Of House Bill 463 During The First Two Years Of Its Implementation, Robert Veldman

Kentucky Law Journal

No abstract provided.

Ipos And The Slow Death Of Section 5, Donald C. Langevoort, Robert B. Thompson

Kentucky Law Journal

No abstract provided.

The Effect Of The Jobs Act On Underwriting Spreads, Usha Rodrigues

Kentucky Law Journal

No abstract provided.

4% Absent = 100% Disaster: Why The Math Doesn't Add Up On Fixed Attendance Leave Policies Under The Fmla, Laraclay Parker

Kentucky Law Journal

No abstract provided.

Subprime Scriveners, Milan Markovic

Kentucky Law Journal

Although mortgage-backed securities ("MBS") and other financial products that nearly caused the collapse of the global financial system could not have been issued without attorneys, the legal profession's role in the financial crisis has received relatively little scrutiny.

This Article focuses on lawyers' preparation of MBS offering documents that misrepresented the lending practices of mortgage loan originators. While attorneys may not have known that many MBS would become toxic, they lacked incentives to inquire into the shoddy lending practices of prominent originators, such as Washington Mutual Bank ('WaMu"), when they and their clients were reaping considerable profits from MBS offerings. …

Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case

Kentucky Law Journal

No abstract provided.

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 …

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.

The Kentucky Religious Freedom Act: Neither A Savior For The Free Exercise Of Religion Nor A Monstrous Threat To Civil Rights, Jennifer A. Pekman

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

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.

Kentucky Law Journal

No abstract provided.