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3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.

Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi

Faculty Scholarship

There are a number of instances in which a federal court asserts personal jurisdiction by service of process beyond the territorial limits of the state in which it sits. The most common examples of these assertions of jurisdiction are the use of a state's long-arm statute and the "bulge" provision of the federal rules. But, in addition, there are a number of statutes by which Congress has authorized nationwide service of process in particular circumstances.

It is generally accepted that Congress may authorize expansion limits of the states in which it sits, including authorization of extraterritorial service of process. However, …

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of prison …