Law Faculty Books and Chapters

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  Words Behind Walls: Examining the Line Between Incitement and Administrative Overreach in Prisons

  Shavonnie R. Carthens

  Free Speech and Incitement in the Twenty-First Century explores the line between free speech and incitement, which is a form of expression not protected by the First Amendment. Incitement occurs when a person intentionally provokes their audience to engage in illegal or violent action that is likely to, or will, occur imminently. This doctrine evolved from World War I through the Cold War and the civil rights movement era, culminating in a test announced by the US Supreme Court in Brandenburg v. Ohio (1969). Since the 1970s, this doctrine has remained largely unchanged by the Supreme Court and, as such, ...Read More

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  Hipster Antiplagiarism

  Brian L. Frye

  Academic plagiarism norms enable successful scholars to monopolize ideas. The New Brandeis School in antitrust has sought to expand antitrust’s scope and ought, therefore, to support antitrust action against enforcers of plagiarism rules. However, the New Brandeis School includes many scholars, writers, and other creatives and has tended to support monopolization of intellectual output by creatives. For example, New Brandeisians have called for expansion of intellectual property laws to include news and for the non-enforcement of the antitrust laws against cartels of musicians. As a result, it is unlikely that this School will champion antitrust action against plagiarism norms.

  ...Read More
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  Criminal Procedure: The Post-Investigative Process

  D'lorah L. Hughes

  The sixth edition of Criminal Procedure: The Post-Investigative Process is designed to teach the so-called "bail to jail" facets of criminal procedure. It does not concern the constitutional limitations governing arrest, search and seizure, or identification and interrogation. The focus is on those important, and often ignored, stages of the criminal process that start with the decision to pursue criminal charges and end with various post-conviction options.

  The book is arranged in a roughly chronological way that traces a criminal defendant's journey through the criminal justice system. It includes important federal and state cases, textual materials (including empirical studies), and ...Read More

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  Exploring the Unique Character of Huqúqu'lláh: Insights from a Comparison with U.S. Tax Laws

  Kathryn L. Moore

  The global legal order today exists in a state of turmoil. It has proven incapable of effectively addressing the social problems ailing humanity and securing justice for everyone. This disruption afflicts both national legal systems and the international legal order as a whole.

  According to the Bahá'í teachings, the legal order of the world can only be rescued if it is transformed to reflect divinely-revealed principles, particularly those teachings of global unity and oneness brought by the Revelation of Bahá'u'lláh (1817-1892), the Prophet and Founder of the Bahá'í Faith.

  This book investigates how that transformation can be brought about in ...Read More

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  Introduction to Inframarginalism and This Volume

  Ramsi A. Woodcock

  Progressives who respond to conservative law and economic arguments by rejecting neoclassical economic theory are making a mistake. Neoclassical economics is the only ideology that honors the modern view – associated with the Death of God narrative in Western culture – that there are no longer universal standards of value. To make a case for redistribution of wealth that appeals to the modern view regarding value – a view that progressives themselves hold – progressives must engage with economics. Fortunately, the concept of the gains from trade in neoclassical economics (also known as "surplus" or "economic rent") allows progressives to ...Read More

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  The Progressive Case against Antimonopolism

  Ramsi A. Woodcock

  Contemporary interest among American progressives in using antitrust law to address wealth inequality lacks a firm intellectual foundation. Indeed, both the original American progressives of a century ago and Thomas Piketty, whose work sparked contemporary interest in inequality, agree that inequality’s source is scarcity, rather than monopoly, and so inequality will persist even in perfectly competitive markets. The only real solution is taxation, not a potentially destructive campaign of breakup. Why, then, is antimonopolism so popular among American progressives today? There are two reasons. The first is American anti-statism, which has closed off tax policy as a viable political solution ...Read More

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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

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  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

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  The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights

  Joshua A. Douglas

  In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown, some familiar—to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system.

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  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

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  Saving the News

  Ramsi A. Woodcock

  It is usually a mistake to suppose that a company is the best judge of how its business works. Or that an industry is the best judge of how the industry works. AT&T is a good example. When the Justice Department sat down with management in 1981 to negotiate a breakup of what was then a monopoly provider of telephone service, government lawyers asked which part of the company management wanted to keep after the breakup – the long-distance operations or the regional networks. The long-distance operations had long been the company’s most profitable, so management asked for those.

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  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.

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  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

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  Antitrust by Interior Means

  Ramsi A. Woodcock

  If a firm is a nexus of contracts, then it is just the sum of its counterparties. It follows that when a firm monopolizes a particular market and exploits its power to impose unfavourable terms on a counterparty, the firm necessarily exploits one counterparty for the benefit of another, because the additional profits the firm generates from the unfavourable terms must be paid out eventually to some other counterparty of the firm. One alternative to attacking monopoly power through breakup of large firms or limits on anticompetitive conduct in the marketplace is therefore to prevent any one counterparty of the ...Read More

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  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.

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  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

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  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.

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  Legal Accounting: Principles and Applications

  Douglas C. Michael

  Legal Accounting: Principles and Applications gives law students the tools they need to become sophisticated users of financial information on their clients' behalf. The three main units cover basic concepts (financial statement generation, analysis, and standardization), accounting topics that involve lawyers (revenues, expenses, contingent liabilities, equity accounting, business combinations), and legal topics that involve accounting concepts (internal controls, accounting terms in agreements and litigation, business valuation, liability for misleading statements). The materials can be used for a basic financial literacy text for students or a complete two- or three-credit course in accounting and finance law.

  ...Read More
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  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

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  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

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  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.

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  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"

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  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

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  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

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  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