Law Commons^™

Bankruptcy Redistributive Policies And The Limits Of The Judicial Process, Christopher W. Frost

Law Faculty Scholarly Articles

Business failure negatively affects a broad range of interests, yet the bankruptcy process directly protects only a small segment of interest-holders: the creditors. Some commentators argue for expansion of that protection to encompass redistributive norms and provide for the interests of non-investors in the failed business. The Bankruptcy Reform Act of 1994’s establishment of a national commission to study the bankruptcy process and its broader policy implications brings with it the opportunity to consider that redistributive argument and perhaps change the process to include the interests of non-investors under the reorganization umbrella. This Article responds to those who would have …

"X-Spurt" Witnesses, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

Law Faculty Scholarly Articles

This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.

It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

James M. Donovan

This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.

It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …

The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael

Law Faculty Scholarly Articles

At first blush, "self-regulation" seems to be self-contradicting. If government regulation of an industry or problem is considered necessary, how can that responsibility then be returned to those from whom it was taken? Notwithstanding this apparent contradiction, audited self-regulation is used successfully by federal regulatory agencies. It is apparently adopted, however, on an ad hoc basis: in one industry or application but not in another that possesses similar characteristics. This article reviews these previously uncollected efforts at audited self-regulation to evaluate the general usefulness of this regulatory technique across industries and applications. These insights would be relevant not only to …

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

Current Issues In Environmental Law, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, W. Henry Graddy Iv, Jack C. Bender, Thomas W. Fitzgerald, Carl W. Breeding, Marcus P. Mcgraw, Phillip J. Shepherd, David J. Smart, Dennis J. Conniff, Lloyd R. Cress Jr., E. Douglas Stephan, James L. Dickinson, Todd E. Leatherman, Elizabeth U. Natter, W. Patrick Stallard, Rick L. Thomas, Bradley E. Dillon, Vanessa M. Berge, Ronald R. Van Stockum Jr.

Continuing Legal Education Materials

Materials from the Current Issues in Environmental Law seminar held by UK/CLE in April 1995.

15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn

Continuing Legal Education Materials

Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.

Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins

Kentucky Law Journal

No abstract provided.

Cross-Examining Legal Ethics: The Roles Of Intentions, Outcomes, And Character, R. George Wright

Kentucky Law Journal

No abstract provided.

Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven Grossman

Kentucky Law Journal

No abstract provided.

Reflections On Current Limits On Component And Raw Material Supplier Liability And The Proposed Third Restatement, Edward M. Mansfield

Kentucky Law Journal

No abstract provided.

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Law Faculty Scholarly Articles

In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …

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

Law Faculty Scholarly Articles

"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …

Resales Of Securities Under The Securities Act Of 1933, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

This Article explains the failings of the Securities and Exchange Commission in dealing with resales of securities and suggests an appropriate statutory and policy framework for a principled approach to the matter. Part I of this article is an introduction to this issue. Part II of this Article describes the present situation regarding the law of resales. Part III of this Article offers a series of broad observations about resales under the 1933 Act, suggests an economic analysis for the registration provisions of the 1933 Act, and presents some more specific recommendations concerning resale rules.

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Introduction To Mortgage Lending Discrimination Law, Robert G. Schwemm

Law Faculty Scholarly Articles

Although mortgage lending discrimination and the laws that forbid it have been a part of the American landscape for over two decades, it has only been in recent years that this subject has captured the attention of the public, Congress, and federal enforcement officials. The result has been a tremendous upsurge in interest in this field. Still, there are relatively few cases that have been litigated to a conclusion on the merits, and fewer still that have resulted in plaintiff's victories. Thus, we find ourselves in an exciting period of great potential, but as yet not fully realized accomplishment, as …

What May States Do About Out-Of-State Waste In Light Of Recent Supreme Court Decisions Applying The Dormant Commerce Clause? Kentucky As Case Study In The Waste Wars, Stanley E. Cox

Kentucky Law Journal

No abstract provided.

Liability Of Directors And Officers Under Firrea: The Uncertain Standard Of § 1821(K) And The Need For Congressional Reform, Christopher Tyson Gorman

Kentucky Law Journal

No abstract provided.

Awarding Child Support Against The Impoverished Parent: Straying From Statutory Guidelines And Using Ssi In Setting The Amount, Rachael K. House

Kentucky Law Journal

No abstract provided.

"Any Other Law-Enforcement Officer": Federal Tort Claims Act § 2680(C), Todd R. Wright

Kentucky Law Journal

No abstract provided.

Incompetents And The Right To Die: In Search Of Consistent Meaningful Standards, Mark Strasser

Kentucky Law Journal

No abstract provided.

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Kentucky Law Journal

No abstract provided.

The Prewarrant Use Of Thermal Imagery: Has This Technological Advance In The War Against Drugs Come At The Expense Of Fourth Amendment Protections Against Unreasonable Searches?, Mindy G. Wilson

Kentucky Law Journal

No abstract provided.

A Case For Congressional Facilitation Of A Collaborative Model Of Statutory Interpretation In The Tax Area: Lessons To Be Learned From The Corn Products And Arkansas Best Cases And The Historical Development Of The Statutory Definition Of "Capital Asset(S)", Myron C. Grauer

Kentucky Law Journal

No abstract provided.

"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy

Kentucky Law Journal

No abstract provided.

Loss Of Consortium: Kentucky Should No Longer Prohibit A Child's Claim For Loss Of Parental Consortium Due To The Negligent Act Of A Third Party, Bruce Gehle

Kentucky Law Journal

No abstract provided.

The Supreme Court Limits The Fifth Amendment Right To Counsel By Requiring Clear Requests--Davis V. United States, Gregory J. Griffith

Kentucky Law Journal

No abstract provided.

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, Alberto Bernabe-Riefkohl

Kentucky Law Journal

No abstract provided.

Kentucky Employees' Wage Liens: A Sneak Attack On Creditors, But Beware Of The Bankruptcy Trustee, Richard H. Nowka, Jeff S. Taylor

Kentucky Law Journal

No abstract provided.