Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 60

Full-Text Articles in Law

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg Dec 1981

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …


Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466 Nov 1981

Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466

1980-1989

No abstract provided.


Congressional Discretion Under The Property Clause, Eugene R. Gaetke Nov 1981

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”

The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …


Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474 Sep 1981

Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474

1980-1989

No abstract provided.


Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474 Sep 1981

Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474

1980-1989

No abstract provided.


Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466 Aug 1981

Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466

1980-1989

No abstract provided.


Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474 Aug 1981

Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474

1980-1989

No abstract provided.


Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm Jul 1981

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.

Rarely is the basis for the amount of the court's award satisfactorily …


Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers Jun 1981

Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers

Law Faculty Scholarly Articles

A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated, however, that if a suit involved a defendant state's “capacity to fulfill its own sovereign responsibilities,” different constitutional considerations might control. In vigorous dissents Justices Blackmun and Rehnquist argued that the reasoning of the majority precluded even this possibility. …


Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507 May 1981

Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507

1980-1989

No abstract provided.


Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360 May 1981

Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360

1980-1989

No abstract provided.


Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360 Apr 1981

Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360

1980-1989

No abstract provided.


Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460 Apr 1981

Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460

1980-1989

No abstract provided.


Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507 Apr 1981

Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507

1980-1989

No abstract provided.


Central Bank And Trust Company, A Kentucky Corporation, As Executor Of The Estate Of Garvice D. Kincaid, Deceased; W. E. Burnett, Jr. E. F. Schaeffer, Jr., And H. Hart Hagan, Jr., As The Membership Composing The Unincorporated Advisory Committee Under The Will Of Garvice D. Kincaid, Deceased; General Management Associates, Inc., A Kentucky Corporation; Lexington Finance Company, A Kentucky Corporation; And H. Hart Hagan, Jr. Individually And As President Of General Management Associates, Inc. V. Joan D. Kincaid, Supplemental Brief 1980-Sc-0353 Apr 1981

Central Bank And Trust Company, A Kentucky Corporation, As Executor Of The Estate Of Garvice D. Kincaid, Deceased; W. E. Burnett, Jr. E. F. Schaeffer, Jr., And H. Hart Hagan, Jr., As The Membership Composing The Unincorporated Advisory Committee Under The Will Of Garvice D. Kincaid, Deceased; General Management Associates, Inc., A Kentucky Corporation; Lexington Finance Company, A Kentucky Corporation; And H. Hart Hagan, Jr. Individually And As President Of General Management Associates, Inc. V. Joan D. Kincaid, Supplemental Brief 1980-Sc-0353

1980-1989

No abstract provided.


Psychological Factors That Predict Reaction To Abortion, D. T. Moseley, Diane R. Follingstad, H. Harley, Robert V. Heckel Apr 1981

Psychological Factors That Predict Reaction To Abortion, D. T. Moseley, Diane R. Follingstad, H. Harley, Robert V. Heckel

CRVAW Faculty Journal Articles

Investigated demographic and psychological factors related to positive or negative reactions to legal abortions performed during the first trimester of pregnancy in 62 females in an urban southern community. Results suggest that the social context and the degree of support from a series of significant persons rather than demographic variables were most predictive of a positive reaction.


Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492 Mar 1981

Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492

1980-1989

No abstract provided.


Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368 Mar 1981

Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368

1980-1989

No abstract provided.


Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506 Mar 1981

Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506

1980-1989

No abstract provided.


Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460 Mar 1981

Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460

1980-1989

No abstract provided.


Stanley Green V. Commonwealth Of Kentucky, Respondent's Brief 1980-Sc-0492 Mar 1981

Stanley Green V. Commonwealth Of Kentucky, Respondent's Brief 1980-Sc-0492

1980-1989

No abstract provided.


Commonwealth Of Kentucky Department For Human Resources And Valley View Community Hospital, Inc. V. Lynch Medical Services, Inc. D/B/A Cumberland Valley Primary Care Center, Respondent's Brief 1980-Sc-0404 Mar 1981

Commonwealth Of Kentucky Department For Human Resources And Valley View Community Hospital, Inc. V. Lynch Medical Services, Inc. D/B/A Cumberland Valley Primary Care Center, Respondent's Brief 1980-Sc-0404

1980-1989

No abstract provided.


Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Reply Brief 1980-Sc-0437 Feb 1981

Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Reply Brief 1980-Sc-0437

1980-1989

No abstract provided.


Phillip R. Mcclure V. Fiscal Court Of Jefferson County, Kentucky, Jefferson County, Kentucky, Louis J. Hollenback, Iii, Howard Kassulke, Raymond A Kottak, Thomas C. Helm, Robert O. Kirchdorfer, Earl J. Hartlage, Respondent's Brief 1980-Sc-0410 Feb 1981

Phillip R. Mcclure V. Fiscal Court Of Jefferson County, Kentucky, Jefferson County, Kentucky, Louis J. Hollenback, Iii, Howard Kassulke, Raymond A Kottak, Thomas C. Helm, Robert O. Kirchdorfer, Earl J. Hartlage, Respondent's Brief 1980-Sc-0410

1980-1989

No abstract provided.


John H. Williams V. Commonwealth Of Kentucky, Brief 1980-Sc-0395 Feb 1981

John H. Williams V. Commonwealth Of Kentucky, Brief 1980-Sc-0395

1980-1989

No abstract provided.


John Wayne Hetteberg V. City Of Newport And Employers Insurance Of Wausau Eugene Land, And Kentucky Workers' Compensation Board, Appellant's Brief 1980-Sc-0404 Feb 1981

John Wayne Hetteberg V. City Of Newport And Employers Insurance Of Wausau Eugene Land, And Kentucky Workers' Compensation Board, Appellant's Brief 1980-Sc-0404

1980-1989

No abstract provided.


Karu Gene White V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0492 Feb 1981

Karu Gene White V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0492

1980-1989

No abstract provided.


Dubious Interpretative Rules For Construing Federal Taxing Statutes, Richard A. Westin Feb 1981

Dubious Interpretative Rules For Construing Federal Taxing Statutes, Richard A. Westin

Law Faculty Scholarly Articles

Knowing even a substantial portion of the Internal Revenue Code of 1954 is a major achievement. Divining how the courts might react to a complex tax transaction is also terribly difficult, but for this ability lawyers are often well-rewarded on earth. The tools of this esoteric trade include a mass of interpretative rules of a most uncertain nature, as sophisticated tax advisors are well aware. This article discusses the application and limits of a litany of the interpretative rules. The rules are frequently applicable outside the tax field, but the following study is confined to their application to tax decisions. …


Genex/London, Inc. And Genex/Greer, Inc. V. Kentucky Board Of Tax Appeals And Department Of Revenue Commonwealth Of Kentucky, Reply Brief 1980-Sc-0418 Jan 1981

Genex/London, Inc. And Genex/Greer, Inc. V. Kentucky Board Of Tax Appeals And Department Of Revenue Commonwealth Of Kentucky, Reply Brief 1980-Sc-0418

1980-1989

No abstract provided.


Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Respondent's Brief 1980-Sc-0437 Jan 1981

Louisville And Jefferson County Board Of Zoning Adjustment V. Joseph C. Hofgesang Sand Company Inc., Respondent's Brief 1980-Sc-0437

1980-1989

No abstract provided.