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Articles 31 - 60 of 1389
Full-Text Articles in Courts
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 …
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Communis Opinio And The Methods Of Statutory Interpretation: Interpreting Law Or Changing Law, Michael P. Healy
Law Faculty Scholarly Articles
Interpretive methodology lies at the core of the Supreme Court's persistent modern debate about statutory interpretation. Supreme Court Justices have applied two fundamentally different methods of interpretation. One is the formalist method, which seeks to promote rule-of-law values and purports to constrain the discretion of judges by limiting them to the autonomous legal text. The second is the nonformalist or antiformalist method, which may consider the legislature's intent or purpose or other evidence as context for understanding the statutory text. The debate within the current Court is commonly framed and advanced by Justices Stevens and Scalia. Justice Scalia is now …
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Modifying The Kentucky Rules Of Evidence—A Separation Of Powers Issue, Robert G. Lawson
Law Faculty Scholarly Articles
How do you modify laws that simultaneously exist as statutes and rules of court? For reasons that are described elsewhere and need not be repeated here, the Kentucky Rules of Evidence (K.R.E.) came into existence through concurrent enactment by the General Assembly and Kentucky Supreme Court and thus are endowed with all the attributes of both statutes and rules of court. So, how do you change them when the inevitable need to do so arises, a question made both interesting and difficult by the fact that there is no institutional mechanism for concurrent lawmaking by the General Assembly and supreme …
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Interpretation Of The Kentucky Rules Of Evidence—What Happened To The Common Law?, Robert G. Lawson
Law Faculty Scholarly Articles
The Kentucky Rules of Evidence, which became effective on July 1, 1992, dramatically transformed the method by which lawyers and judges address evidence issues. Before the adoption of the Rules, the law of evidence consisted mostly of a vast collection of common law rulings, accumulated over two centuries and inaccessible to lawyers and judges for all practical purposes. In addressing an evidence issue, participants had to first deal with the problem of "finding" the law-distilling from a morass of conflicting common law precedents the ones applicable to the issue at hand, a task regularly producing contention rather than agreement and, …
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
Law Faculty Scholarly Articles
This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
Comments On Professor Rotunda's Essay, Richard H. Underwood
Comments On Professor Rotunda's Essay, Richard H. Underwood
Law Faculty Scholarly Articles
In this comment, Professor Richard H. Underwood provides a response to An Essay on the Constitutional Parameters of Federal Impeachment, by Professor Ronald D. Rotunda. Rotunda’s essay was published in the Kentucky Law Journal, Vol. 76, No. 3, pp. 707-732.
On Unpublished Opinions, Edwin R. Render
Karu Gene White V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0489
1980-1989
No abstract provided.
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Kentucky Law Journal
No abstract provided.
Judicial V. Legislative Power In Kentucky: A "Comity" Of Errors, Douglas L. Mcswain
Judicial V. Legislative Power In Kentucky: A "Comity" Of Errors, Douglas L. Mcswain
Kentucky Law Journal
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0489
1980-1989
No abstract provided.
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
Gary Wayne Wilson V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0489
1980-1989
No abstract provided.
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
Karu Gene White V. Commonwealth Of Kentucky, Appendix 1980-Sc-0489
1980-1989
No abstract provided.
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
1980-1989
No abstract provided.
Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474
Mark Douglas Cain V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0474
1980-1989
No abstract provided.
Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474
Mark Douglas Cain V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0474
1980-1989
No abstract provided.
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
Myron F. Gleberman V. Commonwealth Of Kentucky, Supplemental Brief 1980-Sc-0466
1980-1989
No abstract provided.
Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474
Edgar Gilbert Miller V. Commonwealth Of Kentucky, Appellant's Brief 1980-Sc-0474
1980-1989
No abstract provided.
Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507
Kenneth Ford V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0507
1980-1989
No abstract provided.
Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360
Henry Lee Hall V. Commonwealth Of Kentucky, Reply Brief (P) 1980-Sc-0360
1980-1989
No abstract provided.
Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360
Henry Lee Hall V. Commonwealth Of Kentucky, Petition For Rehearing 1980-Sc-0360
1980-1989
No abstract provided.
Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460
Continental Casualty Company V. Cora Smith, Appellee's Brief 1980-Sc-0460
1980-1989
No abstract provided.
Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507
Kenneth Ford V. Commonwealth Of Kentucky, Appellee's Brief 1980-Sc-0507
1980-1989
No abstract provided.
Central Bank And Trust Company, A Kentucky Corporation, As Executor Of The Estate Of Garvice D. Kincaid, Deceased; W. E. Burnett, Jr. E. F. Schaeffer, Jr., And H. Hart Hagan, Jr., As The Membership Composing The Unincorporated Advisory Committee Under The Will Of Garvice D. Kincaid, Deceased; General Management Associates, Inc., A Kentucky Corporation; Lexington Finance Company, A Kentucky Corporation; And H. Hart Hagan, Jr. Individually And As President Of General Management Associates, Inc. V. Joan D. Kincaid, Supplemental Brief 1980-Sc-0353
1980-1989
No abstract provided.
Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492
Stanley Green V. Commonwealth Of Kentucky, Reply Brief 1980-Sc-0492
1980-1989
No abstract provided.
Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368
Geneva Mae Perkins, Now Dyer V. Charles Elbert Read, And Charles Emery Read, Amicus Brief 1980-Sc-0368
1980-1989
No abstract provided.
Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506
Commonwealth Of Kentucky, Department For Human Resources V. Kentucky Products, Inc. And Floyd K. Nixon, Appellee's Brief 1980-Sc-0506
1980-1989
No abstract provided.
Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460
Phillip Bohannon V. Al C. Rutland, D/B/A Rutland's Barbeque, Hopkinsville, Kentucky, Appellant's Brief 1980-Sc-0460
1980-1989
No abstract provided.