University of Kentucky J. David Rosenberg College of Law
Faculty Scholarship 2022 law.uky.edu
Mary J. Davis
Dean and Ashland-Spears Distinguished Research Professor of Law
Jennifer Bird-Pollan
Associate Dean of Academic Affairs and Judge William T. Lafferty Professor of Law
Michael Healy
Associate Dean of Research and Charles S. Cassis Professor of Law
Vanessa Linger
Assistant Dean of Finance and Administration
Daniel P. Murphy Jr.
Senior Assistant Dean of Community Engagement & Operations Chief Diversity Officer
Susan B. Steele
Associate Dean of Career Development
David Wright
Assistant Dean of Student Services
Richard C. Ausness
Stites & Harbison Professor of Law ARTICLES Keeping It in the Family: The Pitfalls of Naming a Family Member as Trustee, 34 Journal of the American Academy of Matrimonial Lawyers, 1-34 (2021) A Progress Report on Opioid Litigation, 40 J. Leg. Medicine 429 (2021) 2019-2020 Southern Illinois University National Health Law Moot Court Competition Essay, 40 J. Leg. Medicine 449 (2021) These Are a Few of My Least Favorite Things, 34 Quinnipiac Probate L.J. 231-265 (2021)
Causation and Apportionment Issues in Opioid Litigation, 49 Capital University Law Review 535573 (2021) Corporate Misconduct in the Pharmaceutical Industry, 70 DePaul L. Rev. 1-46 (2021)
2019-2020 Southern Illinois University National Health Law Moot Court Competition, 40 J. Legal Medicine 449-465 (2021) The Future of Opioid Litigation, 82 Kentucky Bench & Bar 20-23 (March/April 2020)
A Progress Report on Opioid Litigation, 45 J. Legal Med. 429-448 (2020)
Is Litigation the Best Way to Combat the Opioid Crisis?, 48 Journal of Law, Medicine & Ethics 293306 (2020)
Jennifer Bird-Pollan
Associate Dean of Academic Affairs and Judge William T. Lafferty Professor of Law BOOK CHAPTERS
Taxing wealth and wealth transfers in the 21st Century, in Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives (Routledge Press, 2022)
Taxation and Utilitarianism: The Historical Evolution, in Taxation and Philosophy (with Stefan Bird-Pollan) (Springer Press, 2021) ARTICLES
Taxing the Ivory Tower: Evaluating the Excise Tax on University Endowments, 48 Pepperdine L. Rev. 1055 (2021)
Christopher G. Bradley
Wyatt, Tarrant & Combs Associate Professor of Law BOOKS 2022 Supplement, Strategies, for Creditors in Bankruptcy Proceedings (forthcoming 2022) Problems and Materials in Debtor and Creditor Law, 7th ed. (with Douglas J. Whaley) (Aspen, forthcoming 2021) Strategies for Creditor in Bankruptcy Proceedings, rev. 7th ed. (with Lynn M. LoPucki & Christopher R. Mirick) (Wolters Kluwer, 2021) ARTICLES Remembering Professor Christopher W. Frost, Kentucky Bench & Bar (2022)
An Appellate Ruling Shows the Difficulty of Preserving Carve-Outs, 39(8) Am. Bankr. Inst. J. 20 (2020)(with Marina D. Kirtland)
Brighton Beach Surcharges, Part 2, 18(1) Am. Bankr. Inst. Ethics and Prof. Compensation Newsl. (2020)
The New Small Business Bankruptcy Game: Strategies for Creditors Under the Small Business Reorganization Act, 28 Am. Bankr. Inst. L. Rev. 251 (2020) Artworks as Business Entities: Sculpting Property Rights by Private Agreement, 94 Tulane L. Rev. (2020)
The Consumer Protection Ecosystem: Law, Norms, and Technology, 97 Denv. L. Rev. 35 (2020)
Zachary A. Bray
James and Mary Lassiter Professor of Law
ARTICLES Diagnosing the Ills of American-Monument Protection Laws, 71 Fla. L. Rev. F. (2020) (invited response)
We Are All Growing Old Together: Making Sense of America's Monument-Protection Laws, 61 Wm & Mary L. Rev. 1259 (2020) The Fragile Future of Aquifer Storage and Recovery, 57 San Diego L. Rev. 1 (2020)
From 'Wonderful Grandeur' to 'Awful Things': What the Antiquities Act and National Monuments Reveal About Statue Statutes and Confederate
Monuments, 108 Ky. L. J. 585 (2020)
David A. Brennen
Frost, Brown & Todd Professor of Law
BOOKS The Tax Law of Charities and Other Exempt Organizations: Cases, Materials, Questions and Activities, 4th ed. (with Daryll Jones, Steven J. Willis, & Beverly Moran) (Carolina Academic Press, 2021)
Mary J. Davis
Dean and Ashland Inc-Spears Distinguished Research Professor of Law BOOKS Products Liability and Safety: Cases and Materials (8th ed. 2020)(with D. Owen) BOOK CHAPTERS Commentary on Escola v. Coca-Cola Bottling Co. of Fresno, in Feminist Judgments: Rewritten Tort Opinions (Martha Chamallas and Lucinda Finley eds., Cambridge Univ. Press, 2020) ARTICLES A Scholarly Life in Vistas: Marshall Shapo's Products Liability, Nw U. L. Rev. Colloquy (2020)
James M. Donovan
Library Director and James and Mary Lassiter Professor of Law
BOOK CHAPTERS University of Kentucky Law Library, in Academic Law Library Structures: Past, Present, and Future (Beth Adelman & Jessica de Perio Wittman eds.) (Hein, forthcoming 2022) The Interim Director in the Academic Law Library, in Interim Leadership in Libraries (Jennifer Knievel & Leslie Reynolds eds.) (with Billie Joe Kaufman) (ACRL, 2021) ARTICLES Limits of the Rule of Law: Negotiating Afghan “Traditional” Law in the International Civil Trials in the Czech Republic, 54 Vanderbilt J. Transnational L. (with Tomáš Ledvinka) (2021)
Grounding Suicide Terrorism in Death Anxiety and Consumer Capitalism, 44 Loyola of Los Angeles International and Comparative L. Rev. 297 (2021)
Joshua A. Douglas
Ashland-Spears Distinguished Research Professor of Law BOOK CHAPTERS Establishing Justice, Securing the Blessings of Liberty: Why Civic Duty Voting Is Constitutional in One Hundred Percent Democracy: The Case for Universal Voting (E.J. Dionne and Miles Rapaport, authors) (New Press 2022) (co-author of this chapter)
Elections as Duels: “You Know What? We Can Change That! You Know Why? ‘Cuz We Have the Support of Two-Thirds of Each House of Congress and Three Quarters of the States!”, in The Law of Hamilton: An American Musical (Cornell University Press 2020) Lowering the Voting Age from the Ground Up: The United States’ Experience in Allowing 16-YearOlds to Vote, in Lowering the Voting Age to 16 – Learning from Real Experiences Worldwide (Palgrave Macmillan 2020) ARTICLES How the Sausage Gets Made: Voter ID and Deliberative Democracy, 100 Nebraska L. Rev. 376 (2021) Bring the Masks and Sanitizer: The Surprising Bipartisan Consensus About Safety Measures for In-Person Voting During the Coronavirus Pandemic, 55 Georgia L. Rev. 1585 (with Michael A. Zilis) (2021) Undue Deference to States in the 2020 Election Litigation, 30 William and Mary Bill of Rights Journal 59 (2021)
The Case for Same-Day Voter Registration, The Justice Collaborative Institute (August 2020) The Loch Ness Monster, Haggis, and a Lower Voting Age: What America Can Learn from Scotland, 69 Am. U. L. Rev. 1433 (2020)
Congress Must Count the Votes: The Danger of Not Including a State’s Electoral College Votes During a Disputed Presidential Election, 81 Ohio St. L.J Online 183 (2020)
Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014) (2nd ed. 2022) (with Edward B. Foley and Michael J. Pitts).
State Constitutions and Youth Voting Rights, 74 Rutgers University Law Review ____ (forthcoming 2022).
Brian L. Frye
Spears-Gilbert Professor of Law
BOOK CHAPTERS Commentary on White v. Samsung, Feminist Judgements: Rewritten Property Opinions (Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., Cambridge University Press, 2021) The Illusory “Public Trust” Art, Deaccessioning in a Post-Pandemic World (Stefanie Jandl, Mark Gold, & Julia Courtney eds., Museums Etc, 2021) The Stolen Poem of St. Moling: The Concept of Literary Ownership in Medieval Ireland, in Forgotten Intellectual Property Lore (Shubha Ghosh ed., Edward Elgar 2020) ARTICLES Conceptual Copyright, 66 South Dakota L. Rev. (2021)
Literary Landlords in Plaguetime, 10 New York University J. Intellectual Property & Entertainment L. 225 (2021) Perverse Incentives in University Patent Policy, University of the Pacific Law Review (2020) Court Packing Is a Chimera, Cardoza L. Rev. (2020)
A License to Plagiarize, 43 U. Ark. Little Rock L. Rev. 51 (2021)
The Right to Unmarry: A Proposal, 69 Clev. St. L. Rev. 89 (2020) (with Maybell Romero) Plagiarize This Paper, 60 IDEA 294 (2020)
Combating Internet Trolls: The Right of Publicity and Section 230, 13(1) Landslide Mag. (2020) (with Jess Miers)
Everything You Always Wanted to Know About Price Gouging (But Were Afraid to Ask): A Response to Ramsi Woodcock, The Efficient Queue and the Case Against Dynamic Pricing, Iowa L. Rev. (2020) In re Patentability of the Peltzer Inventions, 11
Case W. Res. J. L. Tech. & The Internet 111 (2020) Patents & Legal Expenditures, 51 U. Pac. L. Rev. 577 (2020) (with Christopher J. Ryan)
Against Deaccessioning Rules, 53 Creighton L. Rev. 461 (2020)
Jane Grisé
H. Wendell Cherry Associate Professor of Law/ Associate Professor of Legal Writing BOOKS Federal Courts And Civil Rights: Giudice v. Vail (Twelve Tables Press forthcoming 2020) (with Michelle C. Grisé) Critical Reading for Success in Law School and Beyond (2d ed., 2022) BOOK CHAPTERS Improved Comprehension with Visual Images, in Lawyering Skills in the Doctrinal Classroom (Carolina Academic Press, 2020) ARTICLES Question #1: Is there a Gender Gap in Performance on Multiple-Choice Exams? A. Always B. Never C. Most of the Time, 43 Women’s Rights L. Reporter 140 (2022). Civil Procedure 101: How to Eliminate "It's a question for the jury" from Student Case Holdings, The Learning Curve 10 (Winter/Spring 2021)
Effective Legal Writing: Clear Writing is Persuasive Writing. 84(3) KBA Bench & Bar 36 (2020)
Michael P. Healy
William L. Matthews Professor of Law & Associate Dean for Faculty Research ARTICLES When Your Plate is Already Full: Efficient and Meaningful Outcomes Assessment for Busy Law Schools, 71 Mercer L. Rev. 529 (Winter 2020)
Cortney E. Lollar
Norman and Carole Harned Law & Public Policy Professor BOOKS Federal Practice and Procedure, Vol. 2 & 3B (Thomson Reuters)
Administrative Law, 5th Ed. (with John M.
Rogers, Ronald J. Krotoszynski, Jr. and Kent Barnett) (Wolters Kluwer 2021)
Evidence: Teaching Materials for an Age of Science and Statutes (8th ed. supp. 2020) (with Ronald Carlson, Edward Imwinkelried & Julie Seaman) BOOK CHAPTERS Rewritten McQuirter v. State Opinion, Feminist Judgments: Rewritten Criminal Law Opinions (I. Bennett Capers, Sarah Deer, & Cory Rayburn Yung eds., Cambridge University Press, 2021) ARTICLES The Costs of the Punishment Clause, 106 Minn. L. Rev. 1818 (2022) Punishment Through Restitution, 34 Fed. Sent'g Rep. 98 (2022)
Invoking Criminal Equity’s Roots, 107 Virginia L. Rev. 495 (2021) Eliminating the Criminal Debt Exception to Debtors’ Prisons, 98 N.C. L. Rev. 427 (2020)
Kathryn L. Moore
Stites & Harbison Professor of Law
BOOKS Understanding Employee Benefits Law (Carolina Academic Press 2d ed. 2020) ARTICLES Lost and Found: Reuniting Missing Participants and Lost Pensions, NYU Review of Employee Benefits and Executive Compensation Chapter 6. (2021)
Why is There So Much Pre-Retirement Liquidity in the U.S. Pension System?, NYU Rev. Emp. Benefits and Exec. Comp. (with John Turner) (2020) What Pleading Standard Applies to Claims that ERISA Fiduciaries Breached Their Fiduciary Duty by Permitting Plans to Pay Excessive Fees?, 49 Preview 26 (Issue 3 Nov. 29, 2021).
Michael D. Murray
Associate Professor of Legal Research and Writing
BOOKS Art Law Deskbook: International and American Art Law on the Preservation and Movement of Art and Cultural Property (with Leonard D. Duboff, Christy A King, & James A.R. Nafziger)
(LexisNexis, forthcoming 2022) A Short and Happy Guide to Copyright, 2d ed (West, forthcoming 2022) Legal Writing And Analysis (Foundation Press 3rd ed., 2021) (with Christy Hallam DeSanctis) Advanced Legal Writing and Oral Advocacy: Trials, Appeals, and Moot Court (Foundation Press 3rd ed. forthcoming, 2021) (with Christy Hallam DeSanctis) Art Law in a Nutshell (West 6th ed., forthcoming, 2021) (with Leonard D. DuBoff & Christy A. King) ARTICLES Cross-Cultural Communication in a Crisis--the Universality of Visual Narrative in the COVID-19 Pandemic, https://ssrn.com/abstract=3886182 (forthcoming, 2022)
Toward a Universal Visual Language of Law, 46 L. & Psych. Rev. (2021) A New Methodology for the Analysis of Visuals in Legal Works, 15 FIU L. Rev. (2021)
Carton Contracts and the Proactive Visualization of Law, 16 U Mass. L. Rev. 98 (2021)
Diagrammatics and the Proactive Visualization of Legal Information, 43 U. Ark. Little Rock L. Rev. (2021) Would you ever write a cartoon contract?, 84(6) KBA Bench and Bar (2020)
Robert G. Schwemm
Professor Emeritus
BOOKS Housing Discrimination Law and Litigation: 2022 Update (Thomson West) BOOK CHAPTERS Civil Rights Litigation and Attorney Fees Annual Handbook, [reprinting: Fair Housing and the Causation Standard After Comcast]. Vol. 37 (Steven Saltzman ed., 2021). ARTICLES Fair Housing and the Causation Standard After Comcast, 66 Villanova L. Rev. No. 1 (2021)
Source-of-Income Discrimination and the Fair Housing Act, 70 Case W. Res. U. L. Rev. 573 (2020)
Reflections on “Moving Toward Integration” and Modern Exclusionary-Zoning Cases Under the Fair Housing Act, 70 Case W. Res. U. L. Rev. 691 (2020)
BOOKS The Inframarginal Revolution: Markets as Wealth Distributors (Cambridge Univ. Press 2023) (forthcoming).
Assistant Professor of Law
BOOK CHAPTERS An Introduction to Inframarginalist Economics, in The Inframarginal Revolution: Markets as Wealth Distributors (Cambridge Univ. Press 2023) (forthcoming).
Jonathan David Shaub
ARTICLES The Executive's Privilege, 70 Duke L.J. 1-91 (2020)
Beau Steenken
Instructional Services Librarian & Professor of Legal Research BOOKS Sources of American Law: An Introduction to Legal Research (5th ed. 2021) (with Tina M. Brooks) ARTICLES Outlaws, Pirates, Judges: Judicial Activism as an Expression of Antiauthoritarianism in AngloAmerican Culture, 38 Quinnipiac L. Rev. 259 (2020)
Richard Underwood
Edward T. Breathitt Professor of Law BOOKS springtime for sophie (Shadeland House Modern press, 2021) Kentucky Evidence Courtroom Manual, 2021 Update (Lexis-NEXIS, 2021). Kentucky Evidence Courtroom Manual, 2020 Update (Lexis-NEXIS, 2021)
Sarah Welling Emeritus
BOOKS Sixth Circuit Pattern Jury Instructions (Reporter), West and https://www.ca.6.uscourts. gov./ (2021) Federal Practice and Procedure Treatise, Volume 2a, covering rules 26-30 (with Wright) (2021) Sixth Circuit Pattern Jury Instructions (Reporter), West and https://www.ca.6.uscourts. gov./ (2020)
Ramsi Woodcock
Associate Professor of Law, Assistant Professor of Management, Gatton College of Business and Economics
Antitrust by Interior Means, in The Intersections Between Competition Law and Corporate Law and Finance (Cambridge Univ. Press 2022) (forthcoming). ARTICLES Personalizing Prices to Redistribute Wealth in Antitrust and Public Utility Rate Regulation, WIS. L. REV. ___ (forthcoming 2022) “Making Rules vs. Ruling,” Truth on the Market: Scholarly Commentary on Law, Economics, and More (May 4, 2022) “Antitrust Can’t Tame Inequality, Let Alone Inflation,” The Hill (January 28, 2022)
Making the Rich Pay More and the Poor Pay Less: Personalized Pricing as a Remedy in Antitrust and Public Utility Regulation, Wis. L. Rev. (2021) “The Real Monopoly Is in the Boardroom,” The Finreg Blog of the Global Financial Markets Center of Duke University School of Law (November 8, 2021)
“What Those Shocking Texas Power Bills Have in Common with Uber Surges, Broadway Tickets, and Airfare: It’s called marginal-cost pricing, and it isn’t just a red-state problem,” Slate (February 25, 2021)
The Hidden Rules of a Modest Antitrust, 105 Minn. L. Rev. (2021) The Antitrust Case for Consumer Primacy in Corporate Governance, 10 UC Irvine L. Rev. 1395 (2020)
The Efficient Queue and the Case against Dynamic Pricing, 105 Iowa L. Rev. 1759 (2020)
Toward a Per Se Rule against Price Gouging, CPI Antitrust Chronicle, September 2020, at 49 (2020)
Digital Monopoly without Regret, Concurrences, no. 1 (2020)
University of Kentucky J. David Rosenberg College of Law 620 S. Limestone Lexington, KY 40506