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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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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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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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Why Is There So Much Pre-Retirement Liquidity in the U.S. Pension System?
Kathryn L. Moore and John Turner
Some analysts argue that there is a retirement savings crisis in the United States. While the extent of the crisis is contested, most analysts agree that retirement savings in this nation is inadequate. Although the reasons for the retirement savings shortfall are many and complex, this paper focuses on one factor that leads to inadequate retirement savings in the United States: pre-retirement liquidity or leakage.
Pre-retirement liquidity or leakage refers to the ability of individuals to withdraw money from their retirement savings account prior to retirement and use that money for nonretirement purposes. The Employee Benefit Research Institute (EBRI) writes, ...Read More
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Civil Procedure: A Context and Practice Casebook
Scott Bauries, Gerald Hess, and Theresa Beiner
The second edition of Civil Procedure: A Context and Practice Casebook is thoroughly revised and updated to facilitate effective teaching and student learning. New principle cases illustrate current developments in personal jurisdiction, supplemental jurisdiction, pleading, discovery, and joinder. Each chapter includes new and revised notes and exercises. The accompanying teacher s manual reflects the changes in the casebook and includes 90 multiple choice questions to help professors and students assess the effectiveness of teaching and learning throughout the course.
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Developing Moral Standards for Taxation
Jennifer Bird-Pollan
Decisions regarding the proper levels and forms of taxation are not merely questions of economics. Instead, taxation should be seen as the manifestation of a nation’s philosophical ideals of distributive justice. As such, legislators must consider the underlying philosophical beliefs of their constituents in determining the tax laws. Those philosophical beliefs should then inform decisions regarding the form those taxes should take, and amount of tax that the government should impose. This Chapter considers a variety of political philosophical positions that are common in contemporary societies, and then evaluates how a legislator might incorporate those views into the creation of ...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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Cases and Materials on the Law of Torts
Mary J. Davis, George Christie, Joseph Sanders, and W. Jonathan Cardi
A vehicle for teaching first-year students the essential techniques of case analysis and legal method. Throughout, the book is modified to include developments in tort law since the fifth edition was published in 2012.
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Vote for US: How to Take Back Our Elections and Change the Future of Voting
Joshua A. Douglas
An expert on US election law presents an encouraging assessment of current efforts to make our voting system more accessible, reliable, and effective. In contrast to the anxiety surrounding our voting system, with stories about voter suppression and manipulation, there are actually quite a few positive initiatives toward voting rights reform. Professor Joshua A. Douglas, an expert on our electoral system, examines these encouraging developments in this inspiring book about how regular Americans are working to take back their democracy, one community at a time. Told through the narratives of those working on positive voting rights reforms, Douglas includes chapters ...Read More
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