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1998

University of Kentucky

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Articles 1 - 30 of 59

Full-Text Articles in Law

An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan Aug 1998

An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan

James M. Donovan

For purposes of this Essay, the preservation of marriage in its present superior status, albeit not necessarily in its present form, constitutes a good. Further, it is a very high good within the hierarchy of values. Within the arena of domestic relations, in fact, there is no higher good. Marriage is the ground from which all other relations in an ordered society spring.

Extremists aside, gays and lesbians desire the right to marry because we value the institution, and we will herein take this state of affairs to be "good." That cannot be overstated. We like marriage, we appreciate what …


An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan Aug 1998

An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan

Law Faculty Scholarly Articles

For purposes of this Essay, the preservation of marriage in its present superior status, albeit not necessarily in its present form, constitutes a good. Further, it is a very high good within the hierarchy of values. Within the arena of domestic relations, in fact, there is no higher good. Marriage is the ground from which all other relations in an ordered society spring.

Extremists aside, gays and lesbians desire the right to marry because we value the institution, and we will herein take this state of affairs to be "good." That cannot be overstated. We like marriage, we appreciate what …


Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness Jul 1998

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …


Perjury! The Charges And The Defenses, Richard H. Underwood Jul 1998

Perjury! The Charges And The Defenses, Richard H. Underwood

Law Faculty Scholarly Articles

Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.


25th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Robert M. Bellatti, Edward J. Beckwith, Susan Porter, Jesse T. Mountjoy, Jeffrey M. Yussman, Tawana L. Edwards, Wayne F. Wilson, Sheldon G. Gilman, Edward A. Rothschild, Norvie L. Lay, Theodore B. Atlass Jul 1998

25th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Turney P. Berry, Robert M. Bellatti, Edward J. Beckwith, Susan Porter, Jesse T. Mountjoy, Jeffrey M. Yussman, Tawana L. Edwards, Wayne F. Wilson, Sheldon G. Gilman, Edward A. Rothschild, Norvie L. Lay, Theodore B. Atlass

Continuing Legal Education Materials

Materials from UK/CLE's 25th Annual Midwest/Midsouth Estate Planning Institute held in July 1998.


The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding May 1998

The Enforcement Of Prisoners’ Rights In The United States: An Access To The Courts Issue, Roberta M. Harding

Law Faculty Scholarly Articles

This article examines how the development and status of the rights of incarcerated people is significantly effected by their ability to access the judiciary; specifically the federal judicial system. The relatively recent explosion in the American prison population provided the impetus for researching this topic. The objective was to examine whether this tremendous rise in the number of people incarcerated in U.S. penal facilities had impacted the posture of the rights afforded to these individuals. One conclusion reached was that the rise in the prison population had harshly eroded the right of access to the courts. The exploration of the …


Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman Apr 1998

Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman

Law Faculty Scholarly Articles

This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.


Privatization Of Social Security: Misguided Reform, Kathryn L. Moore Apr 1998

Privatization Of Social Security: Misguided Reform, Kathryn L. Moore

Law Faculty Scholarly Articles

This article begins by briefly describing the social security program. It then discusses the reasons for social security's widespread popularity and its impending funding crisis. The article goes on to briefly describe some of the pending privatization proposals. The article concludes by discussing the practical and theoretical problems with privatizing social security. Specifically, it describes the investment risk participants face under a privatized system and the transition problems created by converting to such a system. Finally, this article explains why the privatization proposals promote misguided paternalism and misconceive the role social security should play in our national retirement system.


"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers Mar 1998

"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers

Law Faculty Scholarly Articles

Striving for consistency—for consistency, that is, properly understood—must characterize legal reasoning in order for the reasoning to deserve to be called "legal." It may conceivably be "good" or "moral" for identically situated persons to be treated differently by institutions with power, but doing so can hardly be called "legal." Very careful attention must be given, of course, to what is meant by "identically situated," as no two different persons can be 100% identically situated. Their names, for instance, are different. By identical, we must mean no relevant distinction, or no distinction that serves a purpose that we can articulate and …


The Impact Of Nsmia On Small Issuers, Rutheford B. Campbell Jr. Feb 1998

The Impact Of Nsmia On Small Issuers, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Small businesses may account for 40% of the business activities in this country, but capital formation rules always have discriminated against small businesses and imposed rules that make it unreasonably difficult for small companies to exploit external sources of capital. NSMIA, through its broad statutory delegation to the SEC of the right to expand the preemption of state blue sky laws, provides a unique opportunity for the Commission to deliver much-needed and much-deserved help to small issuers engaged in capital formation and to finally break the hegemonic hold states have over the rules governing capital formation by small businesses. Society …


Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne Jan 1998

Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne

Kentucky Law Journal

No abstract provided.


St. Ledger V. Kentucky Revenue Cabinet: The Tax That Would Not Die, Rick Alsip, Jennifer Bailey, Melissa Bowman, William G. Fowler Ii, Trey Grayson Jan 1998

St. Ledger V. Kentucky Revenue Cabinet: The Tax That Would Not Die, Rick Alsip, Jennifer Bailey, Melissa Bowman, William G. Fowler Ii, Trey Grayson

Kentucky Law Journal

No abstract provided.


Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille Jan 1998

Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille

Kentucky Law Journal

No abstract provided.


The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim Jan 1998

The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim

Kentucky Law Journal

No abstract provided.


Mediation In Kentucky: Where Do We Go From Here?, Vanessa Mitchell Jan 1998

Mediation In Kentucky: Where Do We Go From Here?, Vanessa Mitchell

Kentucky Law Journal

No abstract provided.


Kentucky Lawyer, 1998-1999, University Of Kentucky College Of Law Jan 1998

Kentucky Lawyer, 1998-1999, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Paying For The Health Costs Of Smoking: Loss Shifting And Loss Bearers, Richard C. Ausness Jan 1998

Paying For The Health Costs Of Smoking: Loss Shifting And Loss Bearers, Richard C. Ausness

Law Faculty Scholarly Articles

Cigarette smoking is known to cause cancer, heart disease, and respiratory problems. These health costs are enormous, amounting to more than $50 billion per year. Although some of these costs are borne by smokers, many of them are externalized to nonsmokers. Recently, a number of states have sued tobacco companies in or- der to recover the costs of treating smoking-related diseases through their Medicaid programs. At the present time, the parties have agreed to a settlement that obligates the tobacco companies to pay billions of dollars to the states over the next twenty-five years. In other words, some of the …


Redistribution Under A Partially Privatized Social Security System, Kathryn L. Moore Jan 1998

Redistribution Under A Partially Privatized Social Security System, Kathryn L. Moore

Law Faculty Scholarly Articles

Once viewed as a radical recommendation, proposals to privatize Social Security abound. Moreover, proposals to privatize partially Social Security are beginning to receive serious consideration. Accordingly, this Article will address the likely effect of partial privatization on Social Security's ability to redistribute income. For the purposes of this Article, privatization will refer to proposals that involve individuals directing their own pre-funded individual accounts and bearing the risk of investing in the private market and not to proposals that involve the federal government investing in the private market and bearing the risk. This Article will treat proposals that "add" a defined …


Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis Jan 1998

Toward The Proper Role For Mass Tort Class Actions, Mary J. Davis

Law Faculty Scholarly Articles

This Article seeks to advance the use of mass tort class actions and proposes that they are not only appropriate, but desirable, when evaluated against the backdrop of substantive tort law policies. Moreover, the substantive goals of tort law as applied in the mass tort context support the conclusion that the individualized case-by-case adjudication standard, as applied through our adversary system as it is presently constituted, fails to further the search for fairness as well as truth in the mass tort context, and therefore, does not achieve the fairness or justice that we seek through our judicial process.

The guiding …


Summary Adjudication In United States Civil Procedure, Mary J. Davis Jan 1998

Summary Adjudication In United States Civil Procedure, Mary J. Davis

Law Faculty Scholarly Articles

This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.

While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …


Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Law Faculty Scholarly Articles

This Article addresses some of the family law developments occurring since the Kentucky Law Journal last published a Kentucky law survey. Space limitations preclude discussion of every post-1985 change. Instead, this Article focuses on general trends, significant cases, and legislative developments.

Inquiry into family law developments in Kentucky is timely, not only because of the social importance of family relations, but also because of other contemporaneous efforts at family law reform. The American Law Institute ("ALl") is currently considering a final draft of principles governing family dissolution. That draft, and the discussions that surround its ultimate acceptance or rejection by …


Kentucky Law Survey: Taxation, Kathryn L. Moore Jan 1998

Kentucky Law Survey: Taxation, Kathryn L. Moore

Law Faculty Scholarly Articles

Certainly the most publicized development in Kentucky tax law during the last five years was the series of decisions in St. Ledger v. Kentucky Revenue Cabinet, striking down two of Kentucky's intangibles taxes. The St. Ledger decisions, however, were not the only tax law development to receive attention.

There were a number of legislative developments of some significance. Specifically, Governor Brereton Jones formed a Tax Policy Commission that comprehensively reviewed Kentucky's tax structure. Although the 1996 General Assembly did not fully embrace the Commission's recommendations over the last five years, the General Assembly did enact some significant legislation. For …


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Law Faculty Scholarly Articles

This Article is a survey of recent developments in evidence law. It focuses on specific issues, including statements for medical treatment or diagnosis, tape recordings, "probativeness" versus "prejudice," and others.


Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld Jan 1998

Three Generations Of Welfare Mothers Are Enough: A Disturbing Return To Eugenics In The Recent "Workfare" Law, Nicole Huberfeld

Law Faculty Scholarly Articles

In this Article, Nicole Huberfeld examines recent changes in the welfare system, and considers whether these changes are consistent with the stated goals of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Turning to the history of “workfare,” Huberfeld reveals parallels between the reasoning of its proponents, and that of eugenicists. She argues that workfare mirrors eugenics theory because its proponents are imposing particular white, middleclass values upon the poor as a condition to providing them benefits: Through her comparison of workfare and eugenics, Huberfeld cautions against legislation that seeks to regulate the private conduct and personal decisions …


The Theory, Reality, And Pragmatism Of Corporate Governance In Bankruptcy Reorganizations, Christopher W. Frost Jan 1998

The Theory, Reality, And Pragmatism Of Corporate Governance In Bankruptcy Reorganizations, Christopher W. Frost

Law Faculty Scholarly Articles

Governing a corporation during a Chapter 11 reorganization presents a special case of the age-old problem of the separation of ownership and control. Critics of Chapter 11 have long pointed to the insulation provided by the automatic stay to managers of the business as one of the causes of bankruptcy inefficiency. Protected from the normal contractual and market forces that restrain the behavior of managers of healthy companies, managers of firms in bankruptcy, the harshest critics charge, use delay and other strategies to enrich themselves and the shareholders at the expense of the firm's creditors.

This Article addresses the financial …


In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding Jan 1998

In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding

Law Faculty Scholarly Articles

Another epidemic has hit the international community. This one, however, is not derived from an unknown bacterial agent. Instead, it originates from a variety of social agents. The epidemic? The explosion in the number of people incarcerated in the global community. As of June 1997, the United States' prison population exceeded 1,700,000. This figure is consistent with the United States' status as one of the world's largest jailers. Like the United States, Europe's prison population has escalated. The growth in France's prison population is representative of the epidemic's trans-Atlantic scope.

The Article is divided into several sections. The first section …


England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy Jan 1998

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Law Faculty Scholarly Articles

An important contemporary problem in environmental regulation concerns the cleanup of property that is an unfortunate legacy of the modem industrial age—acres of land affected by past inadequate disposals of toxic substances. The United States began to address this problem in 1980 with the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA establishes both a liability regime for assigning the costs of cleaning up lands contaminated by the release of hazardous substances and regulatory requirements defining how those cleanups are to be pursued. In 1995, England enacted the Contaminated Land Act (alternatively referred to as the …


The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael Jan 1998

The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael

Law Faculty Scholarly Articles

An important part of the law of creditors' remedies is the ability of creditors to recover property formerly held by the debtor, but transferred to others under circumstances that are considered to be unfair or inequitable. There are two principal ways a creditor can seek to have a debtor's transfer characterized as unfair in order to recover it. First, a transfer to another creditor or a third party can be fraudulent as to one or all of the remaining creditors, or may be deemed to be fraudulent because of the circumstances surrounding the transfer, such as a transfer made by …


Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld Jan 1998

Survey Of Recent Developments In Third Circuit Law, Bonenberger V. Plymouth Township, 132 F.3d 20 (3d Cir. 1997), Nicole Huberfeld

Law Faculty Scholarly Articles

This brief comment examines the United States Court of Appeals for the Third Circuit decision in Bonenberger v. Plymouth Township, 132 F.3d 20 (3d Cir. 1997).