UK Rosenberg Law Faculty Scholarship 2021

University of Kentucky J. David Rosenberg College of Law

Faculty Scholarship 2021 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

Jason Hardin

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 American Academy of Matrimonial Lawyers J. 1 (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 (2021) Causation and Apportionment Issues in Opioid Litigation, 49 Capital University L. Rev. 535 (2021) Corporate Misconduct in the Pharmaceutical Industry, DePaul L. Rev. (forthcoming 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)

The Future of Opioid Litigation, 82 Kentucky Bench & Bar 20-23 (March/April 2020)

ARTICLES An Appellate Ruling Shows the Difficulty of Preserving Carve-Outs, 39(8) Am. Bankr. Inst. J. 20 (2020)(with Marina D. Kirtland)

A Progress Report on Opioid Litigation, 45 J. Legal Med. No. 4 (2020)

Brighton Beach Surcharges, Part 2, 18(1) Am. Bankr.

Inst. Ethics and Prof. Compensation Newsl. (2020)

Is Litigation the Best Way to Combat the Opioid Crisis?, 48 Journal of Law, Medicine & Ethics 293306 (2020)

The New Small Business Bankruptcy Game: Strategies for Creditors Under the Small Business Reorganization Act, 28 Am. Bankr. Inst. L. Rev. 251 (2020)

Scott R. Bauries

Willburt D. Ham Professor of Law ARTICLES Special Education’s Lessons for School Funding Litigation, Education L. & Policy Rev. (with Spencer Weiler) (2021) Public Employees Who Testify, 24 EMPLOYEE RIGHTS & EMPLOYMENT POLICY JOURNAL ___ (2020) (peer reviewed) Professor Williams and the Education Debates in State Constitutional Law: A Festschrift for Robert Williams, 72 RUTGERS UNIVERSITY LAW REVIEW ___ (2020)

Jennifer Bird-Pollan

Associate Dean of Academic Affairs and Judge William T. Lafferty Professor of Law BOOK CHAPTERS Taxation and Utilitarianism: The Historical Evolution, Taxation and Philosophy (with Stefan Bird-Pollan) (Springer Press, 2021)

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)

Joshua A. Douglas

Ashland-Spears Distinguished Research Professor of Law BOOK CHAPTERS Is Civic Duty Voting Constitutional?, One Hundred Percent Democracy: The Case for Universal Voting (with E.J. Dionne & Miles Rapaport) (New Press, forthcoming 2021) 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) Report: Lift Every Voice: The Urgency of Universal Civic Duty Voting (Universal Voting Working Group, Brookings Institution and The Ash Center for Democratic Governance and Innovation, Harvard Kennedy School 2020) Report: Age Discrimination In Voting At Home (Coalition of Voting Rights Organizations 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)

James M. Donovan

Library Director and James and Mary Lassiter Associate Professor of Law

ARTICLES "How the Sausage Gets Made": Voter ID and Deliberative Democracy, 100 Nebraska L. Rev. (forthcoming 2021)

BOOK CHAPTERS University of Kentucky Law Library, Academic Law Library Structures: Past, Present, and Future (Beth Adelman & Jessica de Perio Wittman eds.)

(Hein, forthcoming 2022)

Bring the Masks and Sanitizer: The Surprising Bipartisan Consensus About Safety Measures for InPerson Voting During the Coronavirus Pandemic, 55 Georgia L. Rev. 1585 (with Michael A. Zilis) (2021)

The Interim Director in the Academic Law Library, 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) (forthcoming 2021) Grounding Suicide Terrorism in Death Anxiety and Consumer Capitalism, 44 Loyola of Los Angeles International and Comparative L. Rev. 297 (2021)

Undue Deference to States in the 2020 Election Litigation, 30 William and Mary Bill of Rights J. (forthcoming 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)

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., MuseumsEtc, forthcoming 2021)

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)

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)

Jane Grisé

ARTICLES Art Law & the Law of the Horse, Nebraska L. Rev. Forum (forthcoming 2021)

BOOKS FEDERAL COURTS AND CIVIL RIGHTS: JUIDICE V. VAIL FEDERAL COURTS AND CIVIL RIGHTS: JUIDICE V. VAIL (Twelve Tables Press forthcoming 2020) (with Michelle C. Grisé)

Conceptual Copyright, 66 South Dakota L. Rev. (forthcoming 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, CARDOZO L. REV. (forthcoming 2020) A License to Plagiarize, U. Ark. Little Rock L. Rev. (forthcoming 2020) A Textualist Interpretation of the Visual Artists Rights Act of 1990, 19 Colo. Tech. L.J. (forthcoming 2020) The Right to Unmarry: A Proposal, Clev. St. L. Rev. (forthcoming 2020) (with Maybell Romero) SEC No-Action Letter Request, Creighton L. Rev. (forthcoming 2020)

H. Wendell Cherry Associate Professor of Law/ Associate Professor of Legal Writing in the Clinical Title Series

BOOK CHAPTERS Improved Comprehension with Visual Images, in Lawyering Skills in the Doctrinal Classroom (Carolina Academic Press forthcoming 2020) ARTICLES 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)

Kristin J. Hazelwood

Spears-Gilbert Associate Professor of Law ARTICLES Sweat the Small Stuff: Careful Proofreading is Key to Persuasive Legal Writing, 85 Kentucky Bench & Bar Magazine (32 May/June 2021) Effective Legal Writing: Clear Writing is Persuasive Writing, 84(3) KBA Bench & Bar 36 (2020)

Michael P. Healy

Plagiarize This Paper, 60 IDEA 294 (2020)

Charles S. Cassis Professor of Law

Combating Internet Trolls: The Right of Publicity and Section 230, 13(1) Landslide Mag. (2020) (with Jess Miers)

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

James and Mary Lassiter Associate Professor of Law

BOOKS Federal Practice and Procedure Volumes 2 (forthcoming 2022) Federal Practice and Procedure Volumes 3B (forthcoming 2022) 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, forthcoming 2021) ARTICLES The Costs of the Punishment Clause, 106 Minnesota L. Rev. (forthcoming 2022) Punishment Through Restitution, 34 Federal Sentencing Reporter (forthcoming 2021) 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, New York University Review of Employee Benefits and Executive Compensation 2021 (forthcoming 2021) Why is There So Much Pre-Retirement Liquidity in the U.S. Pension System?, 2020 NYU Rev. Emp. Benefits and Exec. Comp. (forthcoming) (with John Turner).

Michael D. Murray

Assistant 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) Michael D. Murray, Would you ever write a cartoon contract?, 84(6) KBA Bench and Bar (2020) 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)

Robert G. Schwemm

Professor Emeritus

BOOKS Housing Discrimination: Law and Litigation: 2021 Update (Thomson West).

Housing Discrimination: Law and Litigation: 2020 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., forthcoming in 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)

Jonathan David Shaub

Assistant Professor of Law

ARTICLES The Executive's Privilege, 70 Duke L.J. (forthcoming 2020)

Beau Steenken

Instructional Services Librarian & Associate 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

Assistant Professor of Law, Assistant Professor of Management, Gatton College of Business and Economics BOOK CHAPTERS Antitrust by Interior Means, in The Intersections Between Competition Law and Corporate Law and Finance (Cambridge Univ. Press 2021) ARTICLES 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 Digital Monopoly without Regret, Concurrences, no. 1, 2020 Making the Rich Pay More and the Poor Pay Less: Personalized Pricing as a Remedy in Antitrust and Public Utility Regulation, 2021 Wis. L. Rev.

University of Kentucky J. David Rosenberg College of Law 620 S. Limestone Lexington, KY 40506