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1994

University of Kentucky

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Articles 1 - 30 of 30

Full-Text Articles in Law

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw Dec 1994

Bankruptcy Reform, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Gene Humphreys, W. Thomas Bunch, Thomas L. Canary, David M. Cantor, Tracey N. Wise, Meritt S. Dietz, Phillip M. Moloney, Jeffrey W. Morris, John S. Egan, Sandra D. Freeburger, Randy D. Shaw

Continuing Legal Education Materials

Presentation materials from the Bankruptcy Reform Course held by UK/CLE in December 1994.


Logic And The Common Law Trial, Richard H. Underwood Jul 1994

Logic And The Common Law Trial, Richard H. Underwood

Law Faculty Scholarly Articles

In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers.


21st Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Theodore B. Atlass, James E. Hargrove, Jerold I. Horn, Edwin S. Pyle, Charles J. Lavell, Lady E. Booth, Dale L. Gettelfinger, David B. Tachau, David K. Bohannon, Wiley Dinsmore Jul 1994

21st Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Theodore B. Atlass, James E. Hargrove, Jerold I. Horn, Edwin S. Pyle, Charles J. Lavell, Lady E. Booth, Dale L. Gettelfinger, David B. Tachau, David K. Bohannon, Wiley Dinsmore

Continuing Legal Education Materials

Materials from UK/CLE's 21st Annual Midwest/Midsouth Estate Planning Institute held in July 1994.


Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark Jul 1994

Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark

Law Faculty Scholarly Articles

Lawyers are under siege. We have become objects of scorn, ridicule, and occasional hatred. If you take your child to the Stephen Spielberg movie Jurassic Park, be prepared for the cheers when the cloned Tyrannosaurus Rex gobbles the lawyer—not a bad guy at all—cowering in the outhouse. In San Francisco a client burst into a California law firm and killed eight and wounded six persons before taking his own life. In response, the president of the California bar linked lawyer-bashing to hate crimes and prevailed on the Miller Brewing Company to withdraw a television commercial depicting a "lawyer-roping rodeo" …


4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner Jun 1994

4th Biennial Employment Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Carol Pate Palmore, Robert D. Hudson, J. Whitney Wallingford Iii, James D. Moyer, Walter F. Skiba Jr., Richard E. Blanchard, Richard G. Griffith, Linda Scholle Cowan, Matthew R. Westfall, Carolyn S. Bratt, Richard C. Stephenson, Paula J. Shives, Robert J. Reid, Marvin L. Coan, Jon L. Fleischaker, Joseph M. Hood, William H. Fortune, John Frith Stewart, Donna King Perry, Donald P. Wagner

Continuing Legal Education Materials

Materials from the 4th Biennial Employment Law Institute held by UK/CLE in June 1994.


14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young Mar 1994

14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young

Continuing Legal Education Materials

Materials from the 14th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in March 1994.


Guidelines For Handling Domestic Violence Cases In Community Mental Health Centers, Carol E. Jordan, Robert Walker Feb 1994

Guidelines For Handling Domestic Violence Cases In Community Mental Health Centers, Carol E. Jordan, Robert Walker

Office for Policy Studies on Violence Against Women Publications

Community mental health centers are becoming increasingly involved in the delivery of services to victims and perpetrators of domestic violence. To help centers plan a domestic violence program and address the risk of liability in treating clients who may be dangerous, the authors suggest principles to guide clinical decisions, standards for service delivery, and standards for staff development.


“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding Jan 1994

“Endgame”: Competency And The Execution Of Condemned Inmates—A Proposal To Satisfy The Eighth Amendment's Prohibition Against The Infliction Of Cruel And Unusual Punishment, Roberta M. Harding

Law Faculty Scholarly Articles

The first section of this Article provides a brief historical overview of the proscription against executing the incompetent and the proffered rationales. This section also examines key factors contributing to the increase in the number of mentally dysfunctional condemned inmates. Then the Article explores the traditional competency-to-execute model that remains in use. This analysis will include a discussion of specific issues, such as: the term used to describe the requisite mental affliction, how that term is defined in order to identify who may ultimately benefit from the rule in Ford v. Wainwright, what standard is appropriate to determine whether …


Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …


School-Based Decision Making In Kentucky: Dawn Of A New Era Or Nothing New Under The Sun?, Charles J. Russo Jan 1994

School-Based Decision Making In Kentucky: Dawn Of A New Era Or Nothing New Under The Sun?, Charles J. Russo

Kentucky Law Journal

No abstract provided.


In Search Of The Solicitor General's Clients: A Drama With Many Characters*, Drew S. Days Iii Jan 1994

In Search Of The Solicitor General's Clients: A Drama With Many Characters*, Drew S. Days Iii

Kentucky Law Journal

No abstract provided.


Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill Jan 1994

Time For Direction: The Need For A Clear, Uniform Rule Regarding Searches During Child Abuse Investigations, Patrick E. O'Neill

Kentucky Law Journal

No abstract provided.


Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan Jan 1994

Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan

Kentucky Law Journal

No abstract provided.


Kentucky Lawyer, 1994, University Of Kentucky College Of Law Jan 1994

Kentucky Lawyer, 1994, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Tort Liability For Asbestos Removal Costs, Richard C. Ausness Jan 1994

Tort Liability For Asbestos Removal Costs, Richard C. Ausness

Law Faculty Scholarly Articles

During the past twenty years, Congress and the general public have become increasingly aware of the health hazards caused by exposure to toxic substances. Consequently, Congress has enacted statutes, such as CERCLA, requiring parties who are responsible for toxic waste to clean up the toxic waste sites and to reduce the level of toxic chemicals in the environment. Asbestos is one toxic substance that government has targeted in particular. The federal government and many states have enacted laws requiring asbestos-containing materials to be segregated or removed from schools and public buildings.

Even when government regulations do not mandate specific abatement …


Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis Jan 1994

Individual And Institutional Responsibility: A Vision For Comparative Fault In Products Liability, Mary J. Davis

Law Faculty Scholarly Articles

Since the adoption of strict products liability over the last thirty years, two problems of scope have received the most attention: how to define product defectiveness to which the liability attaches, and how to limit the potentially limitless liability through defenses. Much like the industries of the nineteenth century, product liability defendants of the twentieth century turned to the plaintiff's conduct as a main line of defense. Blaming the victim has historically been a powerful tool for tort defendants to evade responsibility for their conduct. This Article proposes that the defenses based on victim fault that have evolved in our …


Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey Jan 1994

Negligence, Contract, And Architects' Liability For Economic Loss, Matthew S. Steffey

Kentucky Law Journal

No abstract provided.


Beware That False First Step, David R. Fine Jan 1994

Beware That False First Step, David R. Fine

Kentucky Law Journal

No abstract provided.


The Double Standard Under Section 162: Why The Employee Business Deduction Is No Longer For Employees, Cheryl A. Cunagin Jan 1994

The Double Standard Under Section 162: Why The Employee Business Deduction Is No Longer For Employees, Cheryl A. Cunagin

Kentucky Law Journal

No abstract provided.


Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.


A Quest For Justice In The Conversion Of Security Interests, Russell A. Hakes Jan 1994

A Quest For Justice In The Conversion Of Security Interests, Russell A. Hakes

Kentucky Law Journal

No abstract provided.


Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright Jan 1994

Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright

Kentucky Law Journal

No abstract provided.


The Limited Liability Company Act: Understanding Kentucky's New Organizational Option, Thomas E. Rutledge, Lady E. Booth Jan 1994

The Limited Liability Company Act: Understanding Kentucky's New Organizational Option, Thomas E. Rutledge, Lady E. Booth

Kentucky Law Journal

No abstract provided.


The Equine Activity Liability Acts: A Discussion Of Those In Existence And Suggestions For A Model Act, Krystyna M. Carmel Jan 1994

The Equine Activity Liability Acts: A Discussion Of Those In Existence And Suggestions For A Model Act, Krystyna M. Carmel

Kentucky Law Journal

No abstract provided.


The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager Jan 1994

The Hobbs Act: Maintaining The Distinction Between A Bribe And A Gift, Medrith Lee Hager

Kentucky Law Journal

No abstract provided.


The Constitutional Duty Of Teachers To Protect Students: Employing The "Sufficient Custody" Test, John W. Waters Jan 1994

The Constitutional Duty Of Teachers To Protect Students: Employing The "Sufficient Custody" Test, John W. Waters

Kentucky Law Journal

No abstract provided.


They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg Jan 1994

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.


The Government Contractor Defense: Is It A Weapon Only For The Military?, Steven Brian Loy Jan 1994

The Government Contractor Defense: Is It A Weapon Only For The Military?, Steven Brian Loy

Kentucky Law Journal

No abstract provided.


Kentucky Post-Conviction Remedies And The Judicial Development Of Kentucky Rule Of Criminal Procedure 11.42, John S. Gillig Jan 1994

Kentucky Post-Conviction Remedies And The Judicial Development Of Kentucky Rule Of Criminal Procedure 11.42, John S. Gillig

Kentucky Law Journal

No abstract provided.


The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist Jan 1994

The Dangers Of "General Observations" On Expert Scientific Testimony: A Comment On Daubert V. Merrell Dow Pharmaceuticals, Inc., Robert F. Blomquist

Kentucky Law Journal

No abstract provided.