Faculty Scholarship 2018-19

Faculty Scholarship 2018-19 UNIVERSITY OF KENTUCKY COLLEGE OF LAW

FACULTY SCHOLARSHIP | 2018-19

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UK COLLEGE OF LAW

David A. Brennen

Dean And Professor of Law

Mary J. Davis

Interim Dean and Ashland-Spears Distinguished Research Professor of Law

Scott R. Bauries

Associate Dean of Faculty Research and Willburt D. Ham Professor of Law

Douglas Michael

Associate Dean of Academic Affairs and Dorothy Salmon Professor of Law

Daniel P. Murphy, Jr.

Assistant Dean of Community Engagement & Diversity

Susan B. Steele

Associate Dean of Career Development

David Wright

Assistant Dean of Student Services

FACULTY SCHOLARSHIP | 2018-19

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Charlie Amiot

Associate Dean of Faculty Research and Willburt D. Ham Professor of Law

articles Congressional Research Service Products: Purpose and Legislative Histories, 37 Legal Reference Services Quarterly 273 (2019).

books Civil Procedure: A Context And Practice Casebook (2nd ed., Carolina Academic Press forthcoming 2019) (with Gerald Hess and Teresa Beiner).

Richard C. Ausness

book chapters Liability for Negligence Involving Colleges and Students, in Contemporary Issues in Higher Education Law (Richard Fossey & Suzanne Eckes, eds., 4th ed. forthcoming 2019).

Stites & Harbison Professor of Law articles A “Mere Expectancy?” What Rights Do Beneficiaries of a Revocable Trust Have Prior to the Death of the Settlor?, 32 Quinnipiac Probate Law Journal No. 4 (2019).

The Current State of Opioid Litigation, 70 South Carolina Law Review 565 (2019).

Discretionary Trusts: An Update, 43 American College of Trust and Estate Counsel (ACTEC) Law Journal 231 (2018).

My Response to Beyer and Bove, 43 American College of Trust and Estate Counsel (ACTEC) Law Journal 447-450 (2018).

Sailing Under False Colors: The Continuing Presence of Negligence Principles in “Strict” Products Liability Law, 43 University of Dayton Law Review 265-295 (2018).

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Scott R. Bauries

Student Services and Outreach Librarian & Instructor of Legal Research

UK COLLEGE OF LAW

State Constitutional Provisions Prohibiting Aid to Religious Institutions, in Law, Religion, and Education (Charles Russo, ed., forthcoming 2019). articles Perversity as Rationality in Teacher Evaluation, 71 Arkansas Law Review (forthcoming 2019).

Neoformalist Constitutional Construction and Public Employee Speech, 21 University of Pennsylvania Journal of Constitutional Law 439 (2018).

The Logic of Speech and Religion Rights in Public Employment, 19 Marquette Benefits and Social Welfare Law Review 137 (2018).

Jennifer Bird-Pollan

Robert G. Lawson Professor of Law

book chapters Developing Moral Standards for Taxation, in Ethics and Taxation (Springer Press forthcoming 2019-20). articles Revising the Tax Law: The TCJA and its Place in the History of Tax Reform, Ohio Northern University Law Review (forthcoming 2019).

The Sovereign Right to Tax: How Bilateral Investment Treaties Threaten Sovereignty, 32 Notre Dame Journal of Law, Ethics & Public Policy 107 (2018).

Zachary A. Bray

H. Wendell Cherry Associate Professor of Law articles We Are All Growing Old Together: Making Sense of America’s MonumentProtection Laws, 61 William & Mary Law Review (forthcoming 2020).

Monuments of Folly: How Local Governments Can Challenge ‘Statue Statutes’, 91 Temple Law Review 1 (2018).

Blanche Bong Cook

Associate Professor of Law articles Johnny Appleseed: Citizenship Transmission Laws and a White Heteropatriarchal Property Right in Philandering, Sexual Exploitation, and Rape (The “WHP”) or “Johnny And The WHP,” 31 Yale Journal of Law & Feminism 248 (2019).

Christopher G. Bradley Everett H. Metcalf, Jr. Professor of Law

articles The Consumer Protection Ecosystem: Law, Norms, and Technology, 97 Denver Law Review (forthcoming 2019).

Art in the Age of Contractual Negotiation (with Brian L. Frye), 107 Kentucky Law Journal 547 (2019).

Disrupting Secured Transactions, 56 Houston Law Review 965 (2019).

FinTech’s Double Edges, 93 ChicagoKent Law Review 61 (2018).

Stop Traffic: Using Expert Witnesses to Disrupt Intersectional Vulnerability in Sex Trafficking Prosecutions, 24 Berkeley Journal of Criminal Law 147 (2019).

Mary J. Davis

Interim Dean and Ashland-Spears Distinguished Research Professor of Law books Cases and Materials on the Law of Torts (6th ed. 2019, West Pub.) (with George Christie, Joseph Sanders, and Jonathan Cardi).

FACULTY SCHOLARSHIP | 2018-19

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articles Commentary on Escola v. CocaCola Bottling Co. of Fresno, in Feminist Tort Judgments (eds. Martha Chamallas and Lucinda Finley, Cambridge Univ.

Press, forthcoming 2019).

Precedent, Three-Judge District Courts, and the Law of Democracy, 107 Georgetown Law Journal 413 (2018) (with Michael Solimine).

Time for a Fresh Look at Strict Liability for Pharmaceuticals, 28 Cornell Journal of Law & Public Policy 399 (2019).

Everett H. Metcalf, Jr. Professor of Law

Joshua A. Douglas

Thomas P. Lewis Professor of Law books Vote for Us: How to Take Back Our Elections and Change the Future of Voting (Prometheus Books 2019).

articles Pragmatism vs. Principle: Bankruptcy Appeals and Equitable Mootness, 15 New York University Journal of Law & Business Issue 3 (forthcoming 2019).

Secured Credit and Effective Entity Priority, 51 Connecticut Law Review Issue 3 (forthcoming 2019).

Brian L. Frye

book chapters Lowering the Voting Age from the Ground Up: The United States’ Experience in Allowing 16-Year-Olds to Vote in Lowering the Voting Age to 16 - Learning from Real Experiences Worldwide (Palgrave Macmillan forthcoming 2019).

Spears-Gilbert Associate Professor of Law

The Twelfth Amendment: “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 Hamilton (The Musical): Is This A Legal Matter? (Cornell University Press forthcoming 2019).

book chapters The Stolen Poem of St. Moling: Literary Ownership in Medieval Ireland, in Forgotten Intellectual Property Lore (Shubha Ghosh ed., Edward Elgar forthcoming 2019).

articles A Voice In The Wilderness: John Paul Stevens, Election Law, and A Theory of Impartial Governance, 60 William & Mary Law Review 335 (2018) (with Cody Barnett).

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Christopher W. Frost

UK COLLEGE OF LAW

books Copyright (CALI forthcoming 2019).

Professional Responsibility: An Open-Source Casebook (2019).

University Technology Transfer & the Public Good, in Research Handbook on Intellectual Property and Technology Transfer (forthcoming 2019-20).

The Zapruder Film, in A History of Intellectual Property in 50 Objects (Daniel Hunter & Claudy Op den Kamp, eds., Cambridge University Press 2018).

Invention of a Slave, 68 Syracuse Law Review 181 (2018).

articles Buribunkean Copyright: The Compulsion to Record, Griffith Law Review (forthcoming 2019-20).

Perverse Incentives in University Patent Policy, University of the Pacific Law Review (forthcoming 2019-20).

Plagiarize This Paper, IDEA (forthcoming 2019-20).

“It’s Your Right…!”: A Legal History of the Bacardi Cocktail, 27 University of Miami Business Law Review 1 (2018).

Metaphors on Trademark: A Response to Adam Mossoff, “Trademark as a Property Right,” Kenutcky Law Journal Online (2018).

New Art for the People: Art Funds & Financial Technology, 93 ChicagoKent Law Review 113 (2018).

Registration is Fundamental, 8 IP Theory 1 (2018) (with Nicole Pottinger).

The 2019 Revealed-Preferences Ranking of Law Schools, Belmont Law Review (forthcoming 2019-20) (with C.J. Ryan).

The Sieve and the Sand, Review of Who Owns the News?: A History of Copyright

by Will Slauter, New Rambler Review (forthcoming 2019-20).

Art in the Age of Contractual Negotiation, 107 Kentucky Law Journal 547 (2019).

The Ballad of Harry James Tompkins, 52 Akron Law Review 355 (2019).

Metaphors on Trademark: A Response to Adam Mossoff, “Trademark as a Property Right,” 107 Kentucky Law Journal Online (Jan. 29, 2019).

Art in the Shadow of the Law, Kentucky Bench & Bar (March/April 2018).

Jane Grisé

Director of Academic Enhancement and Assistant Professor of Legal Research and Writing

books Federal Courts and Civil Rights: Juidice v. Vail (Twelve Tables Press forthcoming 2020). book chapters Using Visual Images in the Law School Classroom in Lawyering Skills in the Doctrinal Classroom (Carolina Academic Press forthcoming 2020).

Christmas in July: A Response to David Fagundes, Why Less Property is More, 103 Iowa Law Review Online 14 (2018).

The Lion, the Bat & the Thermostat: Metaphors on Consciousness, 5 Savannah Law Review 13 (2018).

FACULTY SCHOLARSHIP | 2018-19

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Kristin J. Hazelwood

Assistant Professor of Legal Research and Writing

articles Listening to Podcasts to Learn Effective Storytelling, 83 Kentucky Bench & Bar 32 (2019).

Michael P. Healy

books Art Law Deskbook: International and American Art Law on the Preservation and Movement of Art and Cultural Property (Lexis Nexis forthcoming 2020) (with Leonard D. DuBoff, Christy A. King and James A.R. Nafziger).

articles The Claims and Limits of Justice Scalia’s Textualism: Lessons from his Statutory Standing Decisions, 40 Cardozo Law Review 101 (2019).

Art Law Deskbook: The Law of the Business of Art for Artists, Galleries, Collectors, and Museums (Lexis Nexis 2018) (with Leonard D. DuBoff, Christy A. King and James A.R. Nafziger).

Charles S. Cassis Professor of Law

Cortney E. Lollar

James and Mary Lassiter Associate Professor of Law articles Eliminating the Criminal Debt Exception to Debtors’ Prisons, 98 North Carolina Law Review (forthcoming 2019).

Reviving Criminal Equity, 71 Alabama Law Review (forthcoming 2019).

Criminalizing (Poor) Fatherhood. 70 Alabama Law Review 125 (2018).

Kathryn L. Moore

Stites & Harbison Professor of Law articles State Automatic Enrollment IRAs after the Trump Election: Are They Preempted

by ERISA?, 27 Elder Law Journal 51 (2019).

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Michael D. Murray

Spears-Gilbert Associate Professor of Law

UK COLLEGE OF LAW

Right of Publicity in a Nutshell (West 2018). articles Mise en Scène and the Decisive Moment of Visual Legal Rhetoric, 68 Kansas Law Review (forthcoming 2019).

The Sharpest Tool in the Toolbox: Visual Legal Rhetoric, 68 Journal of Legal Education 64 (2019).

Getting Visual, 82 Kentucky Bench & Bar 24 (2018).

Robert G. Schwemm

Legal Realism: Unfinished Business, 107 Kentucky Law Journal Online (Feb. 14, 2019).

Everett H. Metcalf, Jr. Professor of Law

The Obsolescence of Advertising in the Information Age, 127 Yale Law Journal 2270 (2018).

books Housing Discrimination: Law and Litigation (ThomsonWest 2019 Update). articles Segregative-Effect Claims Under the Fair Housing Act, 20 New York University Journal of Legislation and Public Policy 709 (2018).

The Antitrust Duty to Charge Low Prices, 39 Cardozo Law Review 1741 (2018).

Sarah Welling

William L. Matthews, Jr. Professor of Law books Wright & Welling, Federal Practice and Procedure Treatise, 4th ed., Volumes 3 and 3A. (Thomson West 2018).

Ramsi Woodcock

Assistant Professor of Law, Assistant Professor of Management, Gatton College of Business and Economics articles Personalized Pricing as Monopolization, 51 Connecticut Law Review (forthcoming 2019).

The Antitrust Case for Consumer Primacy in Corporate Governance, 10 UC Irvine Law Review (forthcoming 2019).

The Efficient Queue and the Case against Dynamic Pricing, 105 Iowa Law Review (forthcoming 2019).

FACULTY SCHOLARSHIP | 2018-19

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articles Segregative-Effect Claims Under the Fair Housing Act, Claudy Op den Kamp eds., Cambridge University Press (2018).

Sarah Welling

William L. Matthews, Jr. Professor of Law books Wright & Welling, Federal Practice and Procedure Treatise, 4th ed., Volumes 3 and 3A. (Thomson West 2018).

Ramsi Woodcock

Assistant Professor of Law, Assistant Professor of Management, Gatton College of Business and Economics articles Personalized Pricing as Monopolization, 51 Connecticut Law Review (forthcoming 2019).

The Antitrust Case for Consumer Primacy in Corporate Governance, 10 UC Irvine Law Review (forthcoming 2019).

The Efficient Queue and the Case against Dynamic Pricing, 105 Iowa L. Rev. (forthcoming 2019).

Legal Realism: Unfinished Business, 107 Kentucky Law Journal Online (Feb. 14, 2019).

The Obsolescence of Advertising in the Information Age, 127 Yale Law Journal 2270 (2018).

The Antitrust Duty to Charge Low Prices, 39 Cardozo Law Review 1741 (2018).

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