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Articles 9481 - 9510 of 10546
Full-Text Articles in Law
Least Cost Avoidance: The Tragedy Of Common Safety, Nuno M. Garoupa, Giuseppe Dari-Mattiacci
Least Cost Avoidance: The Tragedy Of Common Safety, Nuno M. Garoupa, Giuseppe Dari-Mattiacci
Faculty Scholarship
This paper shows that the least cost avoider approach in tort is not necessarily the optimal way to attain least cost avoidance when accidents can be avoided by either of two parties. When parties do not observe each other's costs of care at the time of the accident and are unable to determine which party is the least cost avoider, they fail to anticipate the outcome of the adjudication. Under these circumstances, accident avoidance becomes a commons problem because care by each individual party reduces the prospect of liability for both parties. As a result parties suboptimally invest in care. …
Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.
Civil Rights For Whom?: Gay Rights Versus Religious Freedom, George W. Dent Jr.
Kentucky Law Journal
No abstract provided.
Modern Partnership Law Comes To Kentucky: Comparing The Kentucky Revised Uniform Partnership Act And The Uniform Act From Which It Was Derived, Allan W. Vestal, Thomas E. Rutledge Jr.
Modern Partnership Law Comes To Kentucky: Comparing The Kentucky Revised Uniform Partnership Act And The Uniform Act From Which It Was Derived, Allan W. Vestal, Thomas E. Rutledge Jr.
Kentucky Law Journal
No abstract provided.
The Supreme Court And The Federalist: A Supplement, 2001-2006, Buckner F. Melton Jr., Carol Willcox Melton
The Supreme Court And The Federalist: A Supplement, 2001-2006, Buckner F. Melton Jr., Carol Willcox Melton
Kentucky Law Journal
No abstract provided.
Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams
Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams
Kentucky Law Journal
No abstract provided.
Home Sweet Home?! Maybe Not For Parolees And Probationers When It Comes To Fourth Amendment Protection, David M. Stout
Home Sweet Home?! Maybe Not For Parolees And Probationers When It Comes To Fourth Amendment Protection, David M. Stout
Kentucky Law Journal
No abstract provided.
Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.
Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.
Kentucky Law Journal
No abstract provided.
Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr
Fencing In The Frontier: A Look Into The Limits Of Mail Fraud, Kristen Kate Orr
Kentucky Law Journal
No abstract provided.
The Economic Torts And English Law: An Uncertain Future, Hazel Carty
The Economic Torts And English Law: An Uncertain Future, Hazel Carty
Kentucky Law Journal
No abstract provided.
"Deep" Impact: Can A Tort Theory Of Deepening Insolvency Survive In The "Options Backdating" Era?, Phillip G. Lewis
"Deep" Impact: Can A Tort Theory Of Deepening Insolvency Survive In The "Options Backdating" Era?, Phillip G. Lewis
Kentucky Law Journal
No abstract provided.
The Solution To The Economic Loss Doctrine Confusion: The Disappointed Expectations Test, Mackenzie Mayes Walter
The Solution To The Economic Loss Doctrine Confusion: The Disappointed Expectations Test, Mackenzie Mayes Walter
Kentucky Law Journal
No abstract provided.
The Economic Loss Rule And Missed Opportunities: How To Keep Kentucky From Drowning In A Sea Of Tort, Matthew J. Pujol
The Economic Loss Rule And Missed Opportunities: How To Keep Kentucky From Drowning In A Sea Of Tort, Matthew J. Pujol
Kentucky Law Journal
No abstract provided.
Mucking Out The Stalls: How Krs § 230.357 Promises To Change Custom And Facilitate Economic Efficiency In The Horse Industry, R. Kelley Rosenbaum
Mucking Out The Stalls: How Krs § 230.357 Promises To Change Custom And Facilitate Economic Efficiency In The Horse Industry, R. Kelley Rosenbaum
Kentucky Law Journal
No abstract provided.
Teaching Economic Torts, Jay Feinman
Corporate Deferred Prosecutions Through The Looking Glass Of Contract Policing, Candace Zierdt, Ellen S. Podgor
Corporate Deferred Prosecutions Through The Looking Glass Of Contract Policing, Candace Zierdt, Ellen S. Podgor
Kentucky Law Journal
No abstract provided.
Plain Meaning Vs. Broad Interpretation: How The Risk Of Opportunism Defeats A Unitary Default Rule For Interpretation, Juliet P. Kostritsky
Plain Meaning Vs. Broad Interpretation: How The Risk Of Opportunism Defeats A Unitary Default Rule For Interpretation, Juliet P. Kostritsky
Kentucky Law Journal
No abstract provided.
Married In Kentucky: A Surviving Spouse's Dower Right In Personalty, Elizabeth S. Muyskens
Married In Kentucky: A Surviving Spouse's Dower Right In Personalty, Elizabeth S. Muyskens
Kentucky Law Journal
No abstract provided.
The Case For Kentucky Sex Offenders: Residency Restrictions And Their Constitutional Validity, Alicia A. Sterrett
The Case For Kentucky Sex Offenders: Residency Restrictions And Their Constitutional Validity, Alicia A. Sterrett
Kentucky Law Journal
No abstract provided.
Auctioning Off Integrity: The Legitimacy Of Seller-Rebate Agreements In The Thoroughbred Auction Context, Daniel Waxman
Auctioning Off Integrity: The Legitimacy Of Seller-Rebate Agreements In The Thoroughbred Auction Context, Daniel Waxman
Kentucky Law Journal
No abstract provided.
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch
Kentucky Law Journal
No abstract provided.
Bumping Along The Bottom: Abandoned Principles And Failed Fiduciary Standards In Uniform Partnership And Llc Statutes, Rutheford B. Campbell Jr.
Bumping Along The Bottom: Abandoned Principles And Failed Fiduciary Standards In Uniform Partnership And Llc Statutes, Rutheford B. Campbell Jr.
Kentucky Law Journal
No abstract provided.
Law Firm Partners As Their Brothers' Keepers, Douglas R. Richmond
Law Firm Partners As Their Brothers' Keepers, Douglas R. Richmond
Kentucky Law Journal
No abstract provided.
How Do I Love Thee, Let Me Count The Days: Deathbed Marriages In America, Terry L. Turnipseed
How Do I Love Thee, Let Me Count The Days: Deathbed Marriages In America, Terry L. Turnipseed
Kentucky Law Journal
No abstract provided.
"Face To Face" With The Right Of Confrontation: A Critique Of The Supreme Court Of Kentucky's Approach To The Confrontation Clause Of The Kentucky Constitution, Sarah M. Dunn
Kentucky Law Journal
No abstract provided.
Friend Or Fiend? A "Fair Use" Analysis Of Audioblogs, Carson Blythe Morris
Friend Or Fiend? A "Fair Use" Analysis Of Audioblogs, Carson Blythe Morris
Kentucky Law Journal
No abstract provided.
The Court Of Appeals For The Fifth Circuit: A Legal Analysis And Statistical Review Of 2005-2006 Insurance Decisions, Willy E. Rice
The Court Of Appeals For The Fifth Circuit: A Legal Analysis And Statistical Review Of 2005-2006 Insurance Decisions, Willy E. Rice
Faculty Articles
he Fifth Circuit Court of Appeals decided and published twenty-four insurance-related appeals between June 2005 and May 2006 from cases originating in seven federal district courts. Like petitioners in prior years, the overwhelming majority of the 2005-2006 appellants petitioned the court of appeals to reverse or vacate district courts' adverse summary judgments as well as the lower courts' allegedly questionable interpretations of various insurance contracts. Most of the controversies involved familiar procedural and substantive questions of law, but the Fifth Circuit also decided many questions of fact. Furthermore, several preemption questions and disputes over subject matter jurisdiction appeared among the …
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks
Faculty Articles
Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …
The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory
The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory
Faculty Journal Articles and Book Chapters
The Supreme Court sounded the death knell for anti-miscegenation laws in Loving v. Virginia in 1967. This essay, published in honor of Loving's fortieth anniversary, considers the personal, cultural, and legal legacy of the decision, which brought an abrupt end to the practice of outlawing interracial marriage. But since those laws were already on the way out at the time Loving was decided, its legacy must be constructed by looking more broadly at its impact on American law and society. That exploration reveals first a powerful personal legacy for Mildred and Richard Loving, who were permitted to return to Virginia …
Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate
Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate
Faculty Journal Articles and Book Chapters
This Essay examines two major strands of nineteenth-century jurisprudence related to gambling: Southern cases defining public and private space for the purpose of state gambling statutes, and Northern cases applying the intent to deliver test to speculative contracts. The Essay argues that both lines of cases reflect what Lawrence Friedman has termed the Victorian compromise: A strong official stance against immoral behavior is conjoined with de facto acceptance of many questionable practices, provided that they are conducted in a manner acceptable to the elite. The Essay concludes that nineteenth-century judges sought to preserve the semblance of a strict prohibition against …
Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter
Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter
Faculty Journal Articles and Book Chapters
It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …