Law Commons^™

Defining Religion, James M. Donovan

James M. Donovan

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …

19th Annual Environmental Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 19th Annual Environmental Law Institute held by UK/CLE in November 2003.

The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke

Law Faculty Scholarly Articles

Recent examples of managerial misconduct at major corporations have called into question the adequacy of the gatekeeper role provided by transactional lawyers representing corporations. That role is governed by Model Rule 1.13(b), which obligates the lawyer for a corporation to take remedial action if the lawyer knows that corporate managers are engaged in actions that amount to a "violation of a legal obligation" to the corporation or that are unlawful and likely to result in substantial injury to the corporation. In addition, Model Rule 1.2(d) forbids a lawyer from lending assistance to any action by corporate managers "that the lawyer …

Group Therapy For Incarcerated Women Who Experienced Interpersonal Violence: A Pilot Study, Rebekah G. Bradley, Diane R. Follingstad

CRVAW Faculty Journal Articles

This study evaluated effectiveness of group therapy for incarcerated women with histories of childhood sexual and/or physical abuse. The intervention was based on a two-stage model of trauma treatment and included Dialectical Behavior Therapy skills and writing assignments. We randomly assigned 24 participants to group treatment (13 completed) and 25 to a no-contact comparison condition (18 completed). We evaluated treatment effects, using the Beck Depression Inventory, Inventory of Interpersonal Problems, and Trauma Symptom Inventory. The data demonstrate significant reductions in PTSD, mood, and interpersonal symptoms in the treatment group.

30th Annual Midwest/Midsouth Estate Planning Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 30th Annual Midwest/Midsouth Estate Planning Institute held by UK/CLE in July 2003.

Anthropology & Law, James M. Donovan, H. Edwin Anderson

James M. Donovan

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

Anthropology & Law, James M. Donovan, H. Edwin Anderson

Law Faculty Books and Chapters

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

2002 Eleventh Circuit Survey: Federal Taxation, David A. Brennen

Law Faculty Scholarly Articles

During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in …

11th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 11th Biennial Judge Joe Lee Bankruptcy Institute held May 2003.

Same-Sex Union Announcements: Precis On A Not So Picayune Matter, James M. Donovan

James M. Donovan

Although some newspapers have voluntarily begun to publish same-sex union announcements, others will continue in their traditional exclusionary practices. Some of those papers can anticipate being accused in court of unlawful discrimination where the law allows that cause of action. Reflexively, those newspapers will in turn erect a defensive shield from such charges by appealing, at least in part, to the First Amendment.

This comment examines the viability of that defense. The set-piece for the discussion are the details of a complaint, described in Part I, lodged against the Times-Picayune by a lesbian couple that was denied access to its …

Same-Sex Union Announcements: Precis On A Not So Picayune Matter, James M. Donovan

Law Faculty Scholarly Articles

Although some newspapers have voluntarily begun to publish same-sex union announcements, others will continue in their traditional exclusionary practices. Some of those papers can anticipate being accused in court of unlawful discrimination where the law allows that cause of action. Reflexively, those newspapers will in turn erect a defensive shield from such charges by appealing, at least in part, to the First Amendment.

This comment examines the viability of that defense. The set-piece for the discussion are the details of a complaint, described in Part I, lodged against the Times-Picayune by a lesbian couple that was denied access to its …

23rd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 23rd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2003.

Same-Sex Union Announcements: Whether Newspapers Must Publish Them, And Why We Should Care, James M. Donovan

James M. Donovan

The recent decision by the New York Times to publish same-sex union announcements brought to national attention the struggle of gay men and lesbians to gain access to this contested space. To date only about ten percent of newspapers allow same-sex couples to publish announcements on terms equal to heterosexual couples. Although some couples have sued to have their announcements published, these claims have been rejected as interfering with the newspaper's First Amendment protections. This article considers whether the First Amendment's Free Press and Free Speech clauses in fact allow newspapers to discriminate in this way.

The article begins with …

Same-Sex Union Announcements: Whether Newspapers Must Publish Them, And Why We Should Care, James M. Donovan

Law Faculty Scholarly Articles

The recent decision by the New York Times to publish same-sex union announcements brought to national attention the struggle of gay men and lesbians to gain access to this contested space. To date only about ten percent of newspapers allow same-sex couples to publish announcements on terms equal to heterosexual couples. Although some couples have sued to have their announcements published, these claims have been rejected as interfering with the newspaper's First Amendment protections. This article considers whether the First Amendment's Free Press and Free Speech clauses in fact allow newspapers to discriminate in this way.

The article begins with …

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …

What Gets Judges In Trouble, Richard H. Underwood

Law Faculty Scholarly Articles

I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.

When I started out, I …

Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning

Kentucky Law Journal

No abstract provided.

Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael

Kentucky Law Journal

No abstract provided.

Affirmative Action In The Workplace: The Significance Of Grutter?, Rebecca Hanner White

Kentucky Law Journal

No abstract provided.

A Comment On The Litigation Strategy, Judicial Politics And Political Context Which Produced Grutter And Gratz, Sheryl G. Snyder

Kentucky Law Journal

No abstract provided.

The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander

Kentucky Law Journal

No abstract provided.

Child Custody For Disabled Adults: What Kentucky Families Need, Amy P. Hauser

Kentucky Law Journal

No abstract provided.

Exploring The Sarbanes-Oxley Act: Will Government Intervention In The Public Accounting Profession Prevent Another Enron?, Sally S. Spielvogel

Kentucky Law Journal

No abstract provided.

Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May

Kentucky Law Journal

No abstract provided.

Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal

Kentucky Law Journal

No abstract provided.

Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean

Kentucky Law Journal

No abstract provided.

The Elusive Right To Reinstatement Under The Family Medical Leave Act, Stacy A. Hickox

Kentucky Law Journal

No abstract provided.

At The Intersection Of Proximate Cause And Terrorism: A Contextual Analysis Of The (Proposed) Restatement Third Of Torts' Approach To Intervening And Superseding Causes, Jim Gash

Kentucky Law Journal

No abstract provided.

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.

Pension Reform In The Aftermath Of Enron: Congress' Failure To Deliver The Promise Of Secure Retirement To 401 (K) Plan Participants, Janice Kay Lawrence

Kentucky Law Journal

No abstract provided.