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J. David Rosenberg College of Law University of Kentucky

Founded in 1908 from a law program initiated at Transylvania University in 1799, the University of Kentucky College of Law was one of the nation's first state law schools. In 1913 the College established the nation's first law school trial practice program, and its Kentucky Law Journal is the tenth-oldest student-run law review in the nation.

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URL: https://uknowledge.uky.edu/law/

Continuing Legal Education Materials Kentucky Legal

(5 days ago) The Office of Continuing Legal Education at the University of Kentucky College of Law (UK/CLE) offers professional development materials and instructional services for the legal community. This collection contains past UK/CLE publications such as monographs, course materials, and compendia which are no longer available for purchase.

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The Unauthorized Practice of Law in Kentucky

(5 days ago) the law relating to such matters; or engaging in preparing any instru-ment wherein it" (the bank, trust company, or association) "is desig-nated as fiduciary to enforce and administer the provisions in same, or to hold itself out as possessing the requisite knowledge to do so." However the Court stated further, "If however, the maker of such

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Journal of Natural Resources & Environmental Law Law

(3 days ago) JMLP was a multi-disciplinary periodical published biannually that presented articles, surveys, notes, and comments pertaining to the mining and mineral industries. On July 1, 1992, JMLP became the Journal of Natural Resources & Environmental Law (JNREL). The name change reflected a desire to expand the journal's base of authors, contributors

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Choice of Law in Kentucky

(5 days ago) CHOICE OF LAW IN KENTUCKY I. CHOICE OF LAW PRIOR TO 1967 Prior to 1967, Kentucky (like virtually every other American jurisdic-tion) used vested rights as its conflicts or choice of law methodology.2 Vested rights was the system embodied in the First Restatement of

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A Primer on Kentucky Intestacy Laws

(2 days ago) A The Source and Nature of the Law Governing Intestate Succession. 1. Statutory Succession Because the right of intestate succession to property is purely statutory, Kentucky's statutes on descent and distribution, not the intentions of the

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"Is the Right to Vote Really Fundamental

(1 days ago) This Article poses a question at the core of our democracy: Is the constitutional right to vote a fundamental right? The answer, surprisingly, is “not always.” For over forty years, the Supreme Court has fostered confusion surrounding the right to vote by creating two lines of election law cases. In one breath the Court calls the right to vote fundamental and applies strict scrutiny review.

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Teaching First-Year Law Students to Read So Carefully That

(6 days ago) tucky College of Law Critical reading skills are key to law school success. In fact, reading skills may be more determinative of law school success than LSAT scores. However, some students arrive at law school with deficient read-ing skills or with under-graduate skills that do not translate into good read-ing skills in law. Further-

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The Intentional Murder at Common Law and Under Modern …

(5 days ago) law, the term malice prepense or malice aforethought was firmly en-trenched in the definition of murder.i5 After the passage of this statute "malice aforethought" was used in its popular sense; malice was an ill will expressmg an enmity of heart.1. INTENTIONAL MURDER ""

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Smurfs, Money Laundering and the Federal Criminal Law: The

(2 days ago) Smurfs, Money Laundering and the Federal Criminal Law: The Crime of Structuring Transactions . Notes/Citation Information . Florida Law Review, Vol. 41, No. 2 (Spring 1989), pp. 287-343

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Determinism and the Law

(5 days ago) Kentucky Law Journal Volume 60|Issue 2 Article 3 1971 Determinism and the Law Morris D. Forkosch University of San Diego Follow this and additional works at:https://uknowledge.uky.edu/klj Part of theLaw and Philosophy Commons Right click to open a feedback form in a new tab to let us know how this document benefits you.

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"Venue of Civil Actions in Kentucky" by William H. Fortune

(2 days ago) The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an

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Limiting Legal Remedies: An Analysis of Unclean Hands

(5 days ago) 1956) (noting unification of law and equity in the United States was a merger of procedure 20IO-20I1I1 65. KENTUCKY LAW JOURNAL This Article examines the corpus of cases incorporating unclean hands into the common and statutory law. It provides for a fuller explanation of the defense in legal cases by looking more closely at its doctrinal

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Structural Racism and the Law in America Today: An

(5 days ago) Law in the wider community of the city, region, and Commonwealth. With these goals in mind, we planned the 2011 conference on structural racism that produced the papers presented here. I am collaborating with a sociologist, Dr. Judy L. Hamilton, on a study that is meant to introduce the subject to lawyers and judges.

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Civil Disobedience and Natural Law

(5 days ago) law forbidding professional boxing would be good, but it is highly doubtful whether it would yet be supported by popular feeling. Interest in the efficacy of law is, of course, considered more characteristic of the sociological jurisprudent than of the natural lawyer. For purposes of this

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Introducing the Law of Nonprofit Organizations and

(2 days ago) LAW SCH., supra note 11, at 31 (discussing establishment and operation of AALS sections generally). 17 . Id. at 44. NONPROFIT AND PHILANTHROPY LAW. status as an AALS section.'" To receive full status, the section must. file a petition with the AALS containing (1) a …

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"PFO Law Reform, a Crucial First Step towards Sentencing

(2 days ago) The purpose of this article is to engage in some analysis and discussion of the part of this sentencing law that cries out loudest for reform (the state's persistent felony offender law), reform that in short order would begin to deflate the population that has our prisons and jails grossly overcrowded. In this analysis and discussion, there is some brief consideration of the justifications

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The Role of Trust Protectors in American Trust Law

(1 days ago) Trust Protectors in American Trust Law 321. One possible solution to the settlor's dilemma is the appointment of a trust protector. 7 . A trust protector is a person who the settlor appoints to en-

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"Perpetuities Law in Action: Kentucky Case Law and the

(7 days ago) Seemingly the law is working slowly and tortuously to a new and sounder policy base. The book also is designed to provide the practicing lawyer with a simplified statement of the Rule and comprehensive analysis of Kentucky cases. Lastly, the book deals with an analysis of reform, particularly the 1960 Kentucky legislature reform act, based upon

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Pro Se Litigants at the Summary Judgment Stage: Is

(5 days ago) KENTUCKY LAW JOURNAL law."4 On a procedural level, the phrase has generally been taken to mean "equal access to justice," and thus equal access to law.' As federal courts struggle to adhere to this fundamental concept in accommodating pro se

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Administrative Law--Kentucky's 'Implied Consent' Statute

(5 days ago) LAw § 71-a (McKinney 1953), as amended, ch. 320 1954 N.Y. Laws, now N.Y. VEH. AND TRAF. LAw § 1194 (McKinney 1969). For a brief judicial history of this statute, see note 9 supra. [Vol. 59. CoIvMN'rs Traffic Laws and Ordinances and included in the Uniform Vehicle Code in 1962.11 This has become the prototype of all other implied

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"A Primer on Kentucky Intestacy Laws" by Carolyn S. Bratt

(2 days ago) At the common law, however, different laws determined the identity of the intestate takers of real property and the intestate takers of personalty. Thus, distinct, but parallel, technical vocabularies developed to describe succession based on the characterization of …

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Using Formulas to Separate Marital and Nonmarital Property

(2 days ago) * Associate Professor of Law, University of Kentucky. B.A. 1965, J.D. 1977, University of Texas. The author wishes to thank Susan Alley, J.D. 1985, University of Kentucky, for her research and editorial assistance in the preparation of this Article. I Between 1970 and 1980 the divorce rate rose from 3.5 per 1,000 population to

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Corporations and the Criminal Law: An Uneasy Alliance

(5 days ago) law at DePaul University in Chicago, he spent three years in the Justice Department as a trial attorney in the Economic Stabilization Section and as an Assistant U.S. Attorney. In his article Professor Elkins traces the development of the criminal law as applied to corporations from the early days

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School Vaccination Requirements: Historical, Social, and

(5 days ago) Part of theEducation Law Commons, and theHealth Law and Policy Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of

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Republicanism, Liberalism, and the Law

(5 days ago) law can advance the tyranny of despots;'7 and senators and magistrates may exploit their authority m the manner of Caesar, the Long Parliament, Cromwell, or Napoleon." So although republicans praise and require popular sovereignty, the rule of law, and balanced government, no one of these by itself is fully "republican" without the others.

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"What is Criminal Restitution

(2 days ago) A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains.

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The Economic Torts and English Law: An Uncertain Future

(5 days ago) law must be understood by reference to the following inter-dependent fac-tors. First, English tort law on the whole does not have as its primary func-tion the protection of economic interests. Though torts often indirectly of-fer such protection, tort law focuses on the protection of physical integrity,

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"South Korea's National Security Law: A Tool of Oppression

(2 days ago) The law had been enacted in 1948 in response to threats from communist North Korea, but has long been used by the government to silence legitimate opposition in South Korea. This Comment will examine South Korea's National Security Law as viewed by its domestic supporters and critics, as well as by the international community.

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"Kentucky Law Survey: Family Law" by Louise Everett Graham

(2 days ago) This Article addresses some of the family law developments occurring since the Kentucky Law Journal last published a Kentucky law survey. Space limitations preclude discussion of every post-1985 change. Instead, this Article focuses on general trends, significant cases, and legislative developments. Inquiry into family law developments in Kentucky is timely, not only because of the social

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Kentucky Law Survey: Evidence

(6 days ago) The law ofevidence has long included ahearsay exception for statements made by patients to physicians. It was once limited to statements made to "treating"physicians' (under an assumption that statements not motivated by treatment were unreliable foruseas evidence). The Federal Rules of Evidence

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Sources of American Law: An Introduction to Legal Research

(3 days ago) Law Faculty Books Law Faculty Publications 2019 Sources of American Law: An Introduction to Legal Research Tina M. Brooks University of Kentucky College of Law, [email protected] Beau Steenken University of Kentucky College of Law, [email protected] Right click to open a feedback form in a new tab to let us know how this document benefits

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Expectation Damages, the Objective Theory of Contracts

(5 days ago) Law Schoolo (where the leading classical contract law scholar-Samuel Williston-taught)." But as the notion that legal doctrines are axiomatic has been effectively discredited," the question arises whether the law applied in Hawkins was correct, at least with respect to its particular facts. My review of the trial

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University of Kentucky UKnowledge

(2 days ago) sity of Buffalo Law School and had just completed a comprehen-sive analysis of the venue statutes of all 48 states, which was printed in the . MicmGA. 1 . LAW . BEvmw. 24 . In this article Dean Stevens pointed out a number of venue problems inherent in most codes and proposed a …

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College of Law Bulletins College of Law History

(1 days ago) The Bulletins of the University of Kentucky College of Law were published from 1909 to 1990. These documents served numerous purposes, including: a course catalog, a roster of students, a roster of professors, an academic calendar, a listing of special events and lectures, academic policies, admission requirements, graduation requirements, and various other policies and benefits governing

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"Source-of-Income Discrimination and the Fair Housing Act

(2 days ago) Amending the federal Fair Housing Act (“FHA”) to ban “source-of-income” discrimination has been discussed for over twenty years. During this time, a growing number of states and localities (including many of the nation’s largest cities) have taken this step by amending their fair housing laws to prohibit discrimination against Section 8 voucher holders and others based on their

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When Is a Trust Protector a Fiduciary

(2 days ago) consider statutes and case law on the subject in both foreign and American jurisdictions. Part III will explore the question of fiduciary duties in more depth and will conclude that the law should impose * Everett H. Metcalf, Jr. Professor of Law, University of Kentucky; B.A. 1966, J.D. 1968

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"Criminal Law Revision in Kentucky: Part II—Inchoate

(2 days ago) A substantial part of the existing law has developed without thoughtful consideration of the purposes for which inchoate offenses exist. Kentucky, like other jurisdictions, imposes criminal sanctions for conduct that is designed to achieve a criminal result but fails for some reason to …

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Kentucky Law Survey: Workers' Compensation

(5 days ago) KENTUCKY LAW JOURNAL employer and the Special Fund and created the Kentucky Rein-surance Association. 6 A. Payment of Apportioned Benefits and Kentucky Reinsurance Association The 1982 General Assembly made no changes in the law as it affects apportionment of …

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Kentucky Law Survey: Commercial Law

(6 days ago) Part of the Commercial Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Harold R. Weinberg, Kentucky Law Survey, Commercial Law, 63 Ky. L.J. 727 (1975). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been

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University of Kentucky UKnowledge

(2 days ago) Law should be a valuable practice aid for Kentucky attorneys. The treatise is comprehensive and well-organized, the writing style is clear, and the material is presented in an orderly and logical manner. In addition, the section headings are accurate and in-

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Measuring Damages for Tort Harms to Realty

(5 days ago) nuisance have succeeded the old common law actions with trespass involving rights in the peaceful and exclusive possession of realty and nuisance relating to interests in the use and enjoyment of land.7 Although there is a tendency for actions in the nature of trespass and nuisance to overlap, one practical difference relates to the statute

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Kentucky Law Survey: Criminal Rules

(2 days ago) William H. Fortune, Kentucky Law Survey, Criminal Rules, 70 Ky. L.J. 395 (1982). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more

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"The Uniform Disposition of Community Property Rights at

(2 days ago) In 1977, eight of the United States use community property systems instead of the common law systems used in the other 42 states. Because the community property system is totally alien to common law states which do not recognize community interests in property, when domiciliaries of a community property state migrate to a common law state problems develop over the definition of property rights.

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Commercial Paper in Economic Theory and Legal History

(2 days ago) Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of

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"Neighbor-on-Neighbor Harassment: Does the Fair Housing

(1 days ago) A similar number of harassment claims are made each year to private fair housing groups. In one particularly egregious example of neighbor-on-neighbor harassment, a Latino family in 2009 was awarded over $500,000 in damages against one of its white neighbors, although the legal basis for this case was state law, not the FHA.

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University of Kentucky UKnowledge

(2 days ago) Law is Article 7, which punishes those praising or sympathizing with an anti-state group. Those who "praise, encourage, dissemi-nate or cooperate" with an anti-state group will be imprisoned up to seven years, while anyone who organizes or joins a group that intends to do any of those acts will receive a minimum of one

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Current Developments in Resulting Trusts and Constructive

(5 days ago) but by operation of law.2 With the express and implied trusts on one hand, and the constructive trust on the other hand, we must find a place for the resulting trust. Some authorities say that a resulting trust is an implied-in-fact trust,3 and others say that it is an implied-in-law trust.4

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Third Party Beneficiaries in Kentucky and the Restatement

(5 days ago) KENTUCKY LAW JOURNAL Volume XVIII JANUARY 1930. Number 2. THIRD PARTY BENEFICIARIES IN KENTUCKY AND THE RESTATEMENT.* In view of the agitation all over the country for greater certainty and clarity in the law, and in view of the further fact that the American Law Institute has already assembled the doc-

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