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Articles 31 - 53 of 53
Full-Text Articles in Law
Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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 …