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White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.


False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood Oct 1993

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood

Law Faculty Scholarly Articles

From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.


A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan Aug 1993

A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan

James M. Donovan

A major platform of gays' rights seems to be that gays are entitled to social and political rights because, in fact, they are not different from the heterosexual majority when one looks past the definitional criterion of sleeping with the same sex. Any other differences, they claim, are "myths" and do not exist. From this perspective, without investigating bedroom behavior, one could never tell who is gay and who is not: Gays are just like "regular" people, the line goes, so they should be treated like them. "The best hope for acceptance," writes one Ann Landers reader, "is to show …


Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr. Aug 1993

Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.

Law Faculty Scholarly Articles

Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …


A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan Aug 1993

A Philosophical Ground For Gays' Rights: "We Must Learn What Is True In Order To Do What Is Right", James M. Donovan

Law Faculty Scholarly Articles

A major platform of gays' rights seems to be that gays are entitled to social and political rights because, in fact, they are not different from the heterosexual majority when one looks past the definitional criterion of sleeping with the same sex. Any other differences, they claim, are "myths" and do not exist. From this perspective, without investigating bedroom behavior, one could never tell who is gay and who is not: Gays are just like "regular" people, the line goes, so they should be treated like them. "The best hope for acceptance," writes one Ann Landers reader, "is to show …


The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy Apr 1993

The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy

Law Faculty Scholarly Articles

Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's …


Money Laundering: The Anti-Structuring Laws, Sarah N. Welling Apr 1993

Money Laundering: The Anti-Structuring Laws, Sarah N. Welling

Law Faculty Scholarly Articles

Several money laundering laws do not apply until the amount of money involved exceeds $10,000. The laws include three reporting requirements and one substantive crime. Launderers have responded to these laws in part by "structuring" their transactions--breaking them up so the amound involved in each transaction is less than $10,000. This Article collects and analyzes the laws that make structuring a crime. I have discussed one such law, the cash transaction report (CTR) anti-structuring statute, in a previous article. This Article analyzes the anti-structuring provisions of the three other money laundering laws that use numerical thresholds. It also examines how …


Waiver: A Comprehensive Analysis Of A Consequence Of Inadvertently Producing Documents Protected By The Attorney-Client Privilege, Roberta M. Harding Apr 1993

Waiver: A Comprehensive Analysis Of A Consequence Of Inadvertently Producing Documents Protected By The Attorney-Client Privilege, Roberta M. Harding

Law Faculty Scholarly Articles

The inadvertent production of documents protected by the attorney-client privilege frequently occurs in contemporary litigation. This phenomena becomes more prevalent as the number of cases involving inadvertent document production grows. Unfortunately, given the present modes for resolving the waiver issue that stems from this occurrence, this occurrence could threaten to become the rule rather than the exception. The increased frequency of inadvertent document production is due primarily to more disputes arising out of production of documents demands by the opposing party that emerge as parties request the production of an increasing number of responsive documents. As a result, the sheer …


Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost Mar 1993

Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost

Law Faculty Scholarly Articles

The financial collapse of a corporation raises significant questions regarding its shareholders and creditors' ex ante allocation of the risk that such a collapse might occur. In bankruptcy, most of these risk allocation issues relate to the priority of particular creditors' claims against the assets of the failed business. But determining priority first requires some reasoned means of identifying the assets against which creditors may assert their claims. In many cases, this question is simply one of locating and distributing assets. However, when bankrupt firms have conducted their operations through a complex web of subsidiary corporations, each holding distinct assets …


Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr. Feb 1993

Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.

This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to modify …


Resolving Statutory Ambiguity With A Split Scienter Approach: The Second Circuit's Approach To The Federal Mail Order Drug Paraphernalia Act, Theresa A. Kleine-Kracht Jan 1993

Resolving Statutory Ambiguity With A Split Scienter Approach: The Second Circuit's Approach To The Federal Mail Order Drug Paraphernalia Act, Theresa A. Kleine-Kracht

Kentucky Law Journal

No abstract provided.


Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner Jan 1993

Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner

Kentucky Law Journal

No abstract provided.


The Neighborhood Justice Center Movement, Edith B. Primm Jan 1993

The Neighborhood Justice Center Movement, Edith B. Primm

Kentucky Law Journal

No abstract provided.


Indopco, Inc. V. Commissioner: Will The Irs Use A Nebulous Supreme Court Decision To Capitalize On Unsuspecting Taxpayers?, Bryan Mattingly Jan 1993

Indopco, Inc. V. Commissioner: Will The Irs Use A Nebulous Supreme Court Decision To Capitalize On Unsuspecting Taxpayers?, Bryan Mattingly

Kentucky Law Journal

No abstract provided.


Dangerous Products And Injured Bystanders, Robert F. Cochran Jr. Jan 1993

Dangerous Products And Injured Bystanders, Robert F. Cochran Jr.

Kentucky Law Journal

No abstract provided.


Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham Jan 1993

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover Jan 1993

The Employer's Fetal Injury Quandary After Johnson Controls, Susan S. Grover

Kentucky Law Journal

No abstract provided.


Partnership Distributions: Whatever Happened To Nonrecognition?, Christopher H. Hanna Jan 1993

Partnership Distributions: Whatever Happened To Nonrecognition?, Christopher H. Hanna

Kentucky Law Journal

No abstract provided.


Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum Jan 1993

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum

Kentucky Law Journal

No abstract provided.


The Inverted Pyramid Of Wire Transfer Law, Raj Bhala Jan 1993

The Inverted Pyramid Of Wire Transfer Law, Raj Bhala

Kentucky Law Journal

No abstract provided.


Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely Jan 1993

Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely

Kentucky Law Journal

No abstract provided.


Joint State-Federal Regulation Of Lawyers: The Case Of Group Legal Services Under Erisa, Julia Field Costich Jan 1993

Joint State-Federal Regulation Of Lawyers: The Case Of Group Legal Services Under Erisa, Julia Field Costich

Kentucky Law Journal

No abstract provided.


Estate Planning In The Nineties: Friday The Thirteenth, Chapter 14: Jason Goes To Washington--Part I, Martin D. Begleiter Jan 1993

Estate Planning In The Nineties: Friday The Thirteenth, Chapter 14: Jason Goes To Washington--Part I, Martin D. Begleiter

Kentucky Law Journal

No abstract provided.


Cipollone V. Liggett Group, Inc.: One Step Closer To Exterminating The Fifra Preemption Controversy, Caroline E. Boeh Jan 1993

Cipollone V. Liggett Group, Inc.: One Step Closer To Exterminating The Fifra Preemption Controversy, Caroline E. Boeh

Kentucky Law Journal

No abstract provided.


Divisibility Of Harm Under Cercla: Does An Indivisible Potential Or Averted Harm Warrant The Imposition Of Joint And Several Liability?, B. Todd Wetzel Jan 1993

Divisibility Of Harm Under Cercla: Does An Indivisible Potential Or Averted Harm Warrant The Imposition Of Joint And Several Liability?, B. Todd Wetzel

Kentucky Law Journal

No abstract provided.


State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler Jan 1993

State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler

Kentucky Law Journal

No abstract provided.


Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge Jan 1993

Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge

Kentucky Law Journal

No abstract provided.


Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham Jan 1993

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen Jan 1993

Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen

Kentucky Law Journal

No abstract provided.


The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin Jan 1993

The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin

Kentucky Law Journal

No abstract provided.