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Full-Text Articles in Law

Sociocultural Impact Of Reservoirs On Local Government Institutions, Philip Drucker, Jerry Eugene Clark, Lesker Dianne Smith Oct 1973

Sociocultural Impact Of Reservoirs On Local Government Institutions, Philip Drucker, Jerry Eugene Clark, Lesker Dianne Smith

KWRRI Research Reports

This study of the probable sociocultural impact of a proposed reservoir in central Kentucky on the institutions of local governments of a community adjacent to the reservoir utilizes anthropological concepts of social values and cultural and social change as well as anthropological research techniques. Data on observed impact on the same institutions in communities adjacent to two recently completed Kentucky reservoirs permit inferences as to probable directions and extent of reservoir-related change. Specific aspects of impact considered include: effects of reduction of the county tax base due to Federal acquisition of lands, including necessity for increased severity of taxes and …


Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune Oct 1973

Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune

Law Faculty Scholarly Articles

In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …


Land Use Controls In Coastal Areas, Richard C. Ausness Apr 1973

Land Use Controls In Coastal Areas, Richard C. Ausness

Law Faculty Scholarly Articles

Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …


Book Review | Shelter And Subsidies: Who Benefits From Federal Housing Policies? By Henry J. Aaron (1972), Robert G. Schwemm Mar 1973

Book Review | Shelter And Subsidies: Who Benefits From Federal Housing Policies? By Henry J. Aaron (1972), Robert G. Schwemm

Law Faculty Scholarly Articles

This book review examines Shelter and Subsidies: Who Benefits from Federal Housing Policies? by Henry J. Aaron (1972).


A Survey Of State Regulations Of Dredge And Fill Operations In Nonnavigable Waters, Richard C. Ausness Jan 1973

A Survey Of State Regulations Of Dredge And Fill Operations In Nonnavigable Waters, Richard C. Ausness

Law Faculty Scholarly Articles

Several states have recently enacted legislation regulating dredge and fill operations in certain classes of nonnavigable waters. Professor Ausness examines some of the decisions arising under these acts to determine if any distinguishable trend has emerged regarding the nature and extent of constitutional limitations on the regulation of such activities.


Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson Jan 1973

Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson

Law Faculty Scholarly Articles

All efforts to improve the criminal law of this commonwealth prior to 1972 were directed toward relatively narrow problems. Legislative changes in the law had been made from time to time, almost always without conscious regard for the manner in which related principles were affected. Defects of considerable importance resulted. The criminal law became substantially disjointed and difficult of administration. Unjust and inequitable treatment of offenders was more prominent than its opposite. In some instances sanctions were clearly inadequate for the type of behavior sought to be controlled. In others they were grossly disproportionate to the social harms used to …