Law Faculty Books and Chapters

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Sources of American Law: An Introduction to Legal Research

Tina M. Brooks and Beau Steenken

At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students ...Read More
The Fairness Model of Legal Institutions

James M. Donovan

If any group is to endure over time, individual frustrations, while inevitable, must be usually experienced as acceptable, or at least tolerable. Failing that, little would prevent the losers in these conflicts from leaving or revolting, which would be cumulatively debilitating to the group. As opposed to holding law’s job to impose order and police infringers, the second approach suggests that finding the balance between group and individual desires is the ‘major difficulty of all law—the problem of really getting a fresh start in relations between litigants after disposition of a trouble-case. This is the problem not only of keeping ...Read More
The Next Frontier in Plan Fee Litigation: Health Plan Fees

Kathryn L. Moore

On September 11, 2006, Jerry Schlichter, a personal injury lawyer from Saint Louis, Missouri, filed some of the first lawsuits claiming that excessive fees in 401(k) plans violated ERISA’s fiduciary standards. Since then, hundreds of suits have been filed challenging retirement plan fees, and the Supreme Court has rendered two decisions in cases claiming that excessive 401(k) plan fees violated ERISA’s fiduciary standards. Since the Supreme Court issued the second decision in 2022, retirement plan excessive fee litigation may have begun to slow. There may, however, be a new frontier in plan fee litigation: health care plan fees.

This article ...Read More
The University of Kentucky

James M. Donovan

On July 1, 2010, a long-sought realignment between the University of Kentucky’s main library and the Law Library went into effect. Under the new arrangement, the Law Library would no longer be a semi-autonomous entity with oversight performed by both the law school and the main library, but rather a unit wholly situated within the law school. The steps toward this outcome and the negotiated details are sketched below.
Arbitration of ERISA Statutory Claims

Kathryn L. Moore

In light of the flood of fiduciary litigation in recent years, some plan sponsors have considered amending their plans to include provisions requiring mandatory arbitration of claims and waivers of class action or collective claims. All things being equal, arbitration is potentially more efficient and less costly than litigation, and plan sponsors hope that mandatory arbitration and class action waivers may save them time and money in the current litigious environment. In fact, however, under the current state of the law, arbitration provisions may lead to protracted litigation and additional costs, including the cost of litigating the enforceability of the ...Read More
Problems and Materials on Debtor and Creditor Law

Christopher G. Bradley and Douglas J. Whaley

This straightforward, student-friendly book combines a popular problems approach with a well-balanced mix of text and cases to build a solid, nuts-and-bolts introduction to the Bankruptcy Code, statutory rules, and issues of bankruptcy law. Its sensible organization allows instructors to tailor coverage to their own approach. The seventh edition benefits from the addition of a new coauthor, Professor Bradley, of the University of Kentucky.
Election Law and Litigation: The Judicial Regulation of Politics

Joshua A. Douglas, Edward B. Foley, and Michael J. Pitts

This casebook offers a student-friendly, practical approach with carefully designed pedagogical features. Its streamlined approach tracks the chronological order of an election, with significant focus on election administration. The authors have considered carefully how to make this book as student oriented as possible. The case selections reflect both the key Supreme Court decisions in this field and lower court decisions that are particularly well-suited to aid student comprehension. The cases are set up with introductory material that highlights for students the key points they should consider while reading. The cases are carefully edited to remove any unnecessary distractions. The notes ...Read More
Finding the way forward: Expectations for interim law library directors

Billie Jo Kaufman and James M. Donovan

The literature on directorships within law libraries is thin, and virtually none of it focuses explicitly on the special issues that arise from temporary appointments, including interim. This paucity is hardly surprising. In their literature review covering all of librarianship from 2007 to 2017, Irwin and DeVries were able to identify only four articles on interim leadership.
Excessive Fee Litigation in Light of Hughes v. Northwestern University

Kathryn L. Moore

On September 11, 2006, Jerry Schlichter, a personal injury lawyer from St. Louis, Missouri, rocked the 401(k) plan market by filing a flurry of lawsuits against major corporations alleging that their 401(k) plans were paying excessive fees for plan administration and asset management that harmed employees in violation of their fiduciary duties under ERISA. Between 2006 and 2007, 31 excessive fee suits were filed by Schlichter and other firms. Following several large settlements, including a $62 million settlement by Lockheed Martin, a second wave of excessive fee litigation began in 2015 with more than 50 suits filed in both 2016 ...Read More
Strategies for Creditors in Bankruptcy Proceedings

Christopher G. Bradley, Lynn LoPucki, and Christopher R. Mirick

Strategies for Creditors in Bankruptcy Proceedings helps you answer the question, “What should I do?”.

Strategies is not a treatise. This book explains how to play on your client's behalf and win in accord with the rules.

Each of 12 chapters is devoted to the representation of one of three client types—unsecured creditor, secured creditor, or lessor—under one of three chapters of the bankruptcy code—7, 11, or 13—or in the period before bankruptcy. For a creditor in a particular context, Strategies explains what courses of action should be considered and on what basis to make the decisions. It identifies potential ...Read More
The Tax Law of Charities and Other Exempt Organizations

David A. Brennen, Darryll K. Jones, Beverly I. Moran, and Steven J. Willis

In this fourth edition, our scholastic labor of love continues with our initial goal of providing sufficient coverage to allow for broad, deep, or broad and deep coverage. Knowledgeable observers know that the law of exempt organizations has become increasingly regulated. For example, provisions in the Affordable Care Act (which seems to have survived efforts at repeal) demand greater accountability (particularly regarding "community benefit") from exempt health care. The extent to which exempt organizations may engage in political activities, although always controversial, has become even more of an issue since the last edition.
Improved Comprehension with Visual Images - Using Visual Images in the Law School Classroom

Jane Bloom Grisé

Building on ways to improve student learning through the use of visual images a variety of ways for students to engage in finding and using visual images is provided. By having students find and explain images of concepts "student comprehension of basic concepts was much deeper"
Administrative Law

Michael P. Healy, John M. Rogers, Ronald Krotoszynski Jr, and Kent Barnett

For instructors who prefer a case-oriented approach, the Fifth Edition of Administrative Law is a case-rich text that focuses on the core issues in administrative law. Lightly-edited cases preserve the feel of reading entire opinions and include facts, content, full analyses, and citations. Keystone cases introduce important themes and topics. Introductory material and questions following the cases focus students’ reading and stimulate class discussion, while helpful notes facilitate keen understanding of legal doctrines, introduce students to academic responses to judicial decisions and agency practices, and identify recent developments in doctrine and academic study. “Theory Applied” sections at the conclusion of ...Read More
Lost and Found: Reuniting Missing Participants and Lost Pensions

Kathryn L. Moore

In the United States, the problem of missing participants and lost pensions is huge. Although there is no precise estimate of the size of the problem, the PBGC reports that more than 80,000 workers have unclaimed pensions worth more than $300 million and Terry Dunne of Millennium Trust Company has made “an educated guess based on government and industry data that more than 900,000 workers lose track of 401k-style, defined-contribution plans each year.” Anecdotally, Kyle Garrett posted on July 8, 2020, that in his 15 years at the Pension Rights Center, the most frequent question he has received from callers ...Read More
Kentucky Legal Ethics Deskbook

Richard H. Underwood, Todd B. Eberle, Timothy S. Chase, Kurt X. Metzmeier, and Tracy J. Taylor

Sixth Edition

The latest edition of the Deskbook maintains the 3-volume format and for the first time exists only in an electronic version which is organized as follows. Volume I collects all the ethics rules used in Kentucky and includes the current Kentucky Rules of Professional Conduct, the Kentucky Rules of Professional Conduct (1990-2009), the Kentucky Code of Professional Responsibility (1971-1990), the Kentucky Canons of Professional Responsibility (1946-1971), and the Kentucky Code of Legal Ethics (1903-1946). A convenient index to all rules, codes, and canons is also included. The Kentucky Procedures for Disciplinary Enforcement (SCR 3.140-3.520), bar admission rules (SCR ...Read More
Kentucky Evidence Courtroom Manual

Richard H. Underwood and Glenn Weissenberger

This convenient softbound manual is designed specifically for courtroom use and offers judges and practitioners many trial-tested features that not only provide fast, accurate answers to evidentiary questions, but also guide the user to the underlying authorities and secondary sources.
Owen & Davis on Products Liability

Mary J. Davis and David G. Owen

Owen & Davis on Products Liability, 4th is a comprehensive guide to all aspects of products liability law and practice. In this 4th edition, two of America's leading products liability scholars bring their long experience and sharp insights to bear on all aspects of products liability law.

Of particular significance is the dramatically expanded treatment of design and warnings defects, as well as the many twists and turns in the evolving law of federal preemption of products liability claims, among many other areas.
Products Liability and Safety: Cases and Materials

Mary J. Davis and David G. Owen

While retaining a great majority of prior cases and materials, this edition adds a number of important new cases and legislative developments, makes minor organizational enhancements, and adds depth to the most important sections. The 8th edition continues to stress developments in the evolving meaning of “defectiveness” and problems of proof—both generally and arising from the Supreme Court’s Daubert v. Merrell Dow decision.
Benefits, drawbacks, and risks of AI

James M. Donovan

The specter of the impact of artificial intelligence [AI] on law and legal education casts a long and uncertain shadow. Its mix of enthusiasm and trepidation can arise from a thin idea of what the label refers to. Four components differentiate AI from even high-end automation: Big data and predictive analytics, deep learning software, cloud computing, and natural language process. From the perspective of the person on the street though, is captured as “the art of creating machines that perform functions that require intelligence when performed by people,” centering on the ability to make independent choices. While that gloss may ...Read More
Elections as Duels

Joshua A. Douglas

In the song "The Election of 1800," James Madison exclaims, "It's crazy that the guy who comes in second becomes Vice President." Jefferson - who had just won the presidency but faced the reality that his de facto running mate-turned-rival, Aaron Burr, was becoming the vice president, responds, "Yeah, you know what? We can change that. You know why? ... 'cuz I'm the President."

The Constitution, however, does not give the president the power to change the constitutional structure for electing the president and vice president. As Jefferson knew, only a constitutional amendment can do that. Yet Jefferson's vision of ...Read More
Lowering the Voting Age from the Ground Up: The United States' Experience in Allowing 16-Year Olds to Vote

Joshua A. Douglas

Since a constitutional amendment in 1971, the voting age in America has been 18 for virtually all elections nationwide. In 2013, Takoma Park, Maryland lowered the voting age to 16 for its local elections. Several other cities in Maryland followed suit. Then, in 2016, Berkeley, California voters approved a ballot measure to lower the voting age for school board elections, and San Francisco voters narrowly rejected a similar measure for all local elections. The debate has now spread to other places, with additional cities, states, and even Congress considering the issue. This chapter tells the recent stories of these debates, ...Read More
The Stolen Poem of Saint Moling

Brian L. Frye

It’s a truism of copyright scholarship that the modern concept of the author didn’t exist until the modern era. The medieval and Renaissance author was a vehicle for the text, but the modern author is the creator of the text. And in the eighteenth century, the Romantic movement transformed authorship into self-expression. This individualization of authorship enabled the creation of copyright. While the printing press made commercial publishing possible, the modern concept of the author created “literary property.” But is the truism entirely true? The concept of the author has certainly changed over time, and taken different forms in different ...Read More
Technology Transfer and the Public Good

Brian L. Frye and Christopher J. Ryan Jr

Universities everywhere are increasingly being encouraged to translate their research findings into practical applications that will further the common good through technology transfer, a process in which intellectual property (IP) laws and systems play a central role. This Research Handbook skilfully places IP issues in technology transfer into their historical and political context whilst also exploring and framing the development of these intersecting domains for innovative universities in the present and the future.
Federal Courts and Civil Rights: Juidice v. Vail

Jane Bloom Grisé and Michelle C. Grisé

Federal Courts and Civil Rights: Juidice v. Vail is a Deep Dive into the story of Juidice v. Vail, the Supreme Court case that challenged the constitutionality of the New York civil contempt statutes. Introduces readers to the life cycle of the case from its inception to its resolution. Explains how civil procedure is the toolkit that determines every move in a case and how federal jurisdiction may impact the success or failure of a case by controlling access to the legal system.
Understanding Employee Benefits Law

Kathryn L. Moore

Understanding Employee Benefits Law is designed to provide readers with a broad overview and understanding of a vast and complex area of the law. Addressing both pension plans and health care plans, the book includes a broad overview of our nation's employment-based health care system, the Affordable Care Act (ACA), and the ACA's effect on employer-provided health care plans. The second edition incorporates the most significant amendments to employee benefits law enacted in the Further Consolidated Appropriations Act, 2020, and includes discussions of the Circuit Court decisions in three cases that were pending before the Supreme Court at the time ...Read More