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Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
In 1974, the Kentucky Court of Appeals decided a number of criminal procedure cases. Although these included cases involving prisoners’ rights, probation revocation procedure, and discovery, the more significant decisions were in the area of the right of effective assistance of counsel and the area of search and seizure. It is to these latter two areas that the author will limit his discussion.
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on evidence. The author discusses: impeachment of an accused by felony convictions, the “Cotton” doctrine, vehicular accidents and expert opinions, and the burden of proof in criminal cases.
Kentucky Law Survey: Civil Procedure, William H. Fortune
Kentucky Law Survey: Civil Procedure, William H. Fortune
Law Faculty Scholarly Articles
This article provides a survey of civil procedure developments in the Commonwealth of Kentucky. The most significant civil procedure case decided by the Kentucky Court of Appeals during the period covered by this Survey is Nazareth Literary and Benevolent Institution v. Stephenson. That case, which deals with discovery of privileged communications, may have created problems that will require legislative action. Other decisions by the Court during this period serve to illustrate and amplify existing procedural points. The more important of these decisions will be briefly discussed prior to the consideration of Stephenson.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of criminal procedure. The Kentucky Court of Appeals has had an especially active year in the criminal procedure area. Since the nature of this article does not permit extended commentary on all of the Court's decisions, discussion will be limited to the more significant cases, which deal with automobile inventory searches, waiver of constitutional rights, and plea bargaining.
Kentucky Law Survey: Education, Carolyn S. Bratt
Kentucky Law Survey: Education, Carolyn S. Bratt
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on the topic of education. During the past survey year, the Kentucky Court of Appeals decided several cases in which public education was the common denominator. Developments occurred in the areas of student discipline, merger of first class city-county school districts, and due process requirements for removal of tenured teachers. The most significant case, however, was Dorr v. Fitzer, which involved the authority of a county board of education to reject, without cause, a school superintendent's recommendation that a teacher with four consecutive limited service contracts be granted a continuing …
Kentucky Law Survey: Evidence, Robert G. Lawson
Kentucky Law Survey: Evidence, Robert G. Lawson
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on evidence. The author discusses: the “Cotton” doctrine, hearsay and the reported testimony exception, learned treatises, and the best evidence rule.
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of tort law. During the past term the Kentucky Court of Appeals was quite active in the area of torts. The Court considered cases involving battery, nuisance, products liability and negligence. The negligence decisions dealt with a defendant's standard of care, contributory negligence, and last clear chance. Four of these cases have been selected for examination in this article.
Kentucky Law Survey: Commercial Law, Harold R. Weinberg
Kentucky Law Survey: Commercial Law, Harold R. Weinberg
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.
Limited Liability For Corporate Shareholders: Myth Or Matter-Of-Fact, Rutheford B. Campbell Jr.
Limited Liability For Corporate Shareholders: Myth Or Matter-Of-Fact, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
One of the most important and firmly entrenched concepts of modern corporate law is the concept of limited liability. The digests abound with ringing phrases granting the owners of corporations immunity from liability beyond their initial investment. There are, however, numerous cases in which the courts have denied the owners of corporations the protection of limited liability and have held the owners liable for an obligation incurred by the corporation. It is the purpose of this paper to examine the theories under which the owners of corporations have been held liable for the contractual obligation of corporations.
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.