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Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489

1980-1989

No abstract provided.

Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489

1980-1989

No abstract provided.

Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489

1980-1989

No abstract provided.

Adversary Ethics: More Dirty Tricks, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.

The Review Of The College Of Law Alumni Association, Fall 1982, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Law Faculty Scholarly Articles

In the decade since Kentucky's adoption of the Uniform Marriage and Divorce Act (UMDA), appellate domestic relations opinions have focused primarily upon property division and child custody. Recent decisions continue this emphasis but also address problems regarding the marital relationship, spousal maintenance, and child support. This article provides a survey of Kentucky law in the field of domestic relations.

Surface Mining In Kentucky, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Surface Mining Primacy For Kentucky: The Legal Implications, Marcus P. Mcgraw

Kentucky Law Journal

No abstract provided.

Breaking The Trust: Adverse Possession Of Subsurface Minerals Under Kentucky Law, M. Gabrielle Hils

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Wills, Probate And Real Property Law, Frances E. Catron

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Taxation, Frederick W. Whiteside

Kentucky Law Journal

No abstract provided.

The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain

Kentucky Law Journal

No abstract provided.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Dartmouth College As A Civil Liberties Case: The Formation Of Constitutional Policy, Bruce A. Campbell

Kentucky Law Journal

No abstract provided.

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.

Business Versus Hobby: Determination Of Whether A Horse Activity Is Engaged In For Profit, Tandy C. Patrick

Kentucky Law Journal

No abstract provided.

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …

Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown

Law Faculty Scholarly Articles

Under the rubric of environmental law, this Survey addresses three separate topics: air quality control, water conservation and development, and zoning. In the exploration of these three topics, relevant decisions from the Kentucky courts and the Kentucky Department for Natural Resources and Environmental Protection, as well as opinions from the Kentucky Attorney General, are analyzed.

Surrogate Gestation And The Protection Of Choice, Louise E. Graham

Law Faculty Scholarly Articles

Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …

The Review Of The College Of Law Alumni Association, Winter 1982-1983, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer

Kentucky Law Journal

No abstract provided.

Disinterested Director Committees And The Shareholder Derivative Suit, Michael Slone

Kentucky Law Journal

No abstract provided.

The Exclusionary Rule Revisited: Good Faith In Fourth Amendment Search And Seizure, Holly Martin Stone

Kentucky Law Journal

No abstract provided.

Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne

Kentucky Law Journal

No abstract provided.