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2003

University of Kentucky

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Articles 31 - 53 of 53

Full-Text Articles in Law

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales Jan 2003

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales

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 Jan 2003

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.


Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning Jan 2003

Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning

Kentucky Law Journal

No abstract provided.


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Kentucky Law Journal

No abstract provided.


Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler Jan 2003

Affirmative Action, Race, And The Constitution: From Bakke To Grutter, Robert A. Sedler

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 Jan 2003

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.


Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison Jan 2003

Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison

Kentucky Law Journal

No abstract provided.


Closing A Bankruptcy Loop-Hole Or Impairing A Debtor's Fresh Start? Sarbanes-Oxley Creates A New Exception To Discharge, Lucian Murley Jan 2003

Closing A Bankruptcy Loop-Hole Or Impairing A Debtor's Fresh Start? Sarbanes-Oxley Creates A New Exception To Discharge, Lucian Murley

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 Jan 2003

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.


Toward A Coherent Approach To Tort Immunity In Judicially Mandated Family Court Services, Nat Stern, Karen Oehme Jan 2003

Toward A Coherent Approach To Tort Immunity In Judicially Mandated Family Court Services, Nat Stern, Karen Oehme

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 Jan 2003

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.


Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell Jan 2003

Toward Getting Beyond The Blame Game: A Critique Of The Ideology Of Voluntarism In Title Vii Jurisprudence, Sandi Farrell

Kentucky Law Journal

No abstract provided.


A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce Jan 2003

A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce

Kentucky Law Journal

No abstract provided.


Erisa Preemption: Whether State Common Law Doctrines Of Substantial Compliance Fall Under The Purview Of Erisa, Jennifer Howard Jan 2003

Erisa Preemption: Whether State Common Law Doctrines Of Substantial Compliance Fall Under The Purview Of Erisa, Jennifer Howard

Kentucky Law Journal

No abstract provided.


Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May Jan 2003

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

Kentucky Law Journal

No abstract provided.


The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca Jan 2003

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …


The Impact Of Modern Finance Theory In Acquisition Cases, Rutheford B. Campbell Jr. Jan 2003

The Impact Of Modern Finance Theory In Acquisition Cases, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In February of 1983, the Supreme Court of Delaware decided Weinberger v. UOP, Inc. The case holds that, in determining the present value of a corporation involved in an acquisition, courts are free to use “any techniques or methods [of valuation] which are generally considered acceptable in the financial community…”

The rule in Delaware prior to Weinberger required courts to determine the present value of a corporation by use of the Delaware block method of valuation exclusively. The Delaware block method, however, is a poor way to determine the present value of a corporation. As a result, even before the …


Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen Jan 2003

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Law Faculty Scholarly Articles

The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …


Not So Great Moments In Trial Advocacy: Clement Vallandigham, Richard H. Underwood Jan 2003

Not So Great Moments In Trial Advocacy: Clement Vallandigham, Richard H. Underwood

Law Faculty Scholarly Articles

The subject of this comment is "The Lawyer as Hero." Being the contrarian that I am, I thought I would present the story of someone who I do not consider to have been a hero—Clement L. Vallandigham. History has not been kind to him. I am sure those of you who do remember his name think of him as a traitor and a rascal—a loathsome individual. But to some, and for a time, he was a hero and a champion in court. This just goes to show that one person's hero is another person's goat.


What I Think That I Have Learned About Legal Ethics, Richard H. Underwood Jan 2003

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …


Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca Jan 2003

Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca

Law Faculty Scholarly Articles

For years, the rhetoric of substantive neutrality has dominated interpretation of the Establishment Clause. Under this approach, courts and commentators purport to ask whether a public policy under scrutiny is likely to affect religious choices in an unacceptable way. In fact, so broadly has this approach been taken that both separationists and accommodationists resort to it freely, although with radically differing perceptions as to when policy becomes unacceptable. Arguably, however, adherents to this approach have paid insufficient attention to religious behavior per se. Had they paid sufficient attention to this phenomenon, they would have been forced to acknowledge that little …


Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael Jan 2003

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

Law Faculty Scholarly Articles

Dean Johan Henning presents the South African experience with business entity reform as one part of a coordinated whole. It included, for example, government funding for business, tax reforms, accounting and securities changes. Henning says that these reforms, though multi-faceted, had a uniform purpose: to use small business as an engine to improve the economy and to move “historically and socially disadvantaged groups” into the mainstream of the economy and the society.

These are noble goals and far reaching efforts, and a lot to ask of business entity reform. But because the South African experience was nonetheless successful by all …


The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca Jan 2003

The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca

Law Faculty Scholarly Articles

It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.

Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his …