Law Review News

University of Louisville Law Review Announces Editorial Board for Volume 53

University of Louisville Law Review Announces Editorial Board for Volume 53

The Editorial Board of the University of Louisville Law Review is pleased to announce their successors for Volume 53:

Editor in Chief: Ben Shepard

Senior Articles Editor: Andrea Aikin

Senior Notes Editor: Philip Heleringer

Articles Editors: Alexa Cox, Isaac Fain, Katie Halloran

Notes Editors: David Cowley, Emily DeVuono, Mina Khalil

Online Content Editor: Matthew Dawson

Articles Selection Editor: Kaleb Noblett

Executive Editor: Patrick Walsh

Managing Editor: Leah Gravius

The new Editorial Board will officially assume office on May 10, 2014.  Congratulations to these students on their accomplishment. 

University of Louisville Law Review Publishes Winter 2014 Issue

The University of Louisville Law Review is pleased to announce publication of Issue 2 of Volume 52.  The Editorial Board and Staff of the Law Review logged a cumulative total of 1,600 hours of work putting together the 204-page Winter 2014 Issue, which features three articles, three student-authored notes and one faculty essay. 

Copies of Issue 2 are available on reserve in the Law Library and on Westlaw, Lexis Nexis and HeinOnline.  Also, Issue 2 is available on our website, www.louisvillelawreview.org, under “Printed Content.”  The journal is cited as 52 U. Louisville L. Rev. 225.  

 

Articles

Trial Lawyers in Trouble: Litigation Misconduct and Its Ethics Fallout
Lisa A. Dolak, Angela S. Cooney Professor of Law, Syracuse University College of Law

-          52 U. Louisville L. Rev. 225

 

Dismissing Federal Rule of Civil Procedure 41

Bradley Scott Shannon, Professor of Law, Florida Coastal School of Law

-          52 U. Louisville L. Rev. 265

 

“Minor Adjustments: and Other Not-So-Minor Obligations: Section 504, Private Religious K-12 Schools, and Students with Disabilities

Lynn M. Daggett, Professor, Gonzaga Law School

-          52 U. Louisville L. Rev. 301

 

Constitution Day Remarks

Privacy and Technology in the Twenty-First Century
Mark A. Rothstein, Herbert F. Boehl Chair of Law and Medicine, University of Louisville School of Medicine

-          52 U. Louisville L. Rev. 333

 

Notes

Avoiding a Corrupt Bargain: Ensuring Congress is Kept Out of a Contingent Presidential Election

Michael J. McGee, J.D. Candidate, 2014; Articles Editor, University of Louisville Law Review 

-          52 U. Louisville L. Rev. 345

 

Judicial Selection Question: Why is it Time for Preemptive Reform of Kentucky’s Judicial Selection Method?
Benjamin R. Hardy, J.D. Candidate, 2014; Editor in Chief, University of Louisville Law Review

-          52 U. Louisville L. Rev. 379

 

Mandatory Retirement: Diminishing the Goals of the Age Discrimination in Employment Act

Chelsea K. Painter, J.D. Candidate, 2014; Executive Editor, University of Louisville Law Review

-          52 U. Louisville L. Rev. 405

University of Louisville Law Review Publishes Fall 2013 Issue

The University of Louisville Law Review is pleased to announce publication of Issue 1 of Volume 52.  The Editorial Board and Staff of the Law Review logged a cumulative total of 1,700 hours of work putting together the 223-page Fall 2013 Issue, which features three articles, three student-authored notes and one faculty showcase essay.  

Copies of Issue 1 will are available on reserve in the Law Library and on Westlaw, Lexis Nexis and HeinOnline.  Also, Issue 1 is available on our website, www.louisvillelawreview.org, under “Printed Content.”  The journal is cited as 52 U. Louisville L. Rev. 1.   

 

Articles 

Overfishing of Bluefin Tuna: Incentivizing Inclusive Solutions 

Kristen E. Boon, Professor of Law, Seton Hall Law School

  • 52 U. Louisville L. Rev. 1

 

Re-Purposing Dram Shop Law to Subordinate the Claims of Reckless Bartenders of Credit Drunks: In Bankruptcy, This One Should Be on the House

F. Stephen Knippenberg, Floyd and Martha Norris Chair and Professor of Law, University of Oklahoma College of Law 

  • 52 U. Louisville L. Rev. 39

 

The Incredible Shrinking Antitrust Law and the Antitrust Gap

C. Paul Rogers III, Professor of Law and Former Dean, Dedman School of Law, Southern Methodist University 

  • 52 U. Louisville L. Rev. 67

 

Faculty Showcase Series

Critiquing Neutrality: Critical Perspectives on Schools, the First Amendment, and Affirmative Action in a “Post-Racial” World 

Cedric Merlin Powell, Professor of Law, University of Louisville Louis D. Brandeis School of Law

  • 52 U. Louisville L. Rev. 105

 

Notes

Kentucky Property Tax Lien Sales: Amendments in the Interest of Homeowners and Mortgagees and Returning Tax Collection to Local Taxing Districts as a Matter of Public Policy

Molly K. Hardy, J.D. Candidate, 2014; Senior Articles Editor, University of Louisville Law Review  

  • 52 U. Louisville L. Rev. 113

 

By What We Have Destroyed: Historic Preservation and the Preservation of Individual Property Rights 

Robin D. Rice, J.D. Candidate, 2014; Article Selection Editor, University of Louisville Law Review 

  • 52 U. Louisville L. Rev. 153

 

Food Stamps in America: How an Octogenarian Program Can Still Meet the Country’s Needs 

Amy L. Dorsch, J.D. Candidate, 2014; Managing Editor, University of Louisville Law Review

  • 52 U. Louisville L. Rev. 199 

Law Review Receives 2013 Media Award

The University of Louisville Law Review is pleased to announce that it received the 2013 Media Award from the Kentucky Association of Criminal Defense Lawyers (KACDL) in recognition of the inaugural edition of the University of Louisville Law Review Online in which a series of six articles commemorating the 50th anniversary of the landmark Gideon v. Wainwright decision were published.  The award was presented during the Association's 27th Annual Criminal Defense Law Seminar and Conference on Friday, November 1, 2013, at The Galt House Hotel.  Present to receive the award on behalf of the law school and the Law Review were Dean Susan Duncan and B.J. Hardy, Volume 52 Editor in Chief.  These pieces were written in connection with this summer's program at the Kentucky Bar Association's Annual Convention, “The Gideon Decision: Constitutional Mandate or Empty Promise?  Does the 50th Anniversary of the U.S. Supreme Court Decision Deserve a Celebration?”  These award-winning articles are available online.

The KACDL Media Award is presented to a reporter, editor, author, publication or organization that has informed Kentucky citizens about the critical constitutional roles of criminal defense lawyers, public defenders or criminal defense organizations in ensuring the individual liberties guaranteed by our Bill of Rights.  The Awards Committee unanimously agreed that the law school, the law review, its editors and staff were richly deserving of this recognition for focusing attention on the importance of the right to counsel in our system of justice and the continuing challenge of making the mandate of Gideon a meaningful reality in our courts.

The launch of the new online component in late-May culminated more than a year of planning and development by the Editorial Boards for Volumes 51 and 52.  The University of Louisville Law Review Online will serve as a complement to the Law Review's print edition.  Created by the Editorial Boards for Volumes 51 and 52, the online component is intended to facilitate robust discussion of our print content and prompt commentary on timely issues of law and policy, recent judicial decisions, and legislative developments.  It will feature works from accomplished practitioners, judges, professors, and students alike, offering non-traditional law review articles, responsive essays, case reviews, book reviews, and other commentary.  Online exclusive pieces will be published on a rolling basis under an expedited editorial schedule that facilitates timely responses to hot-button issues.

In addition to publishing online exclusives, the Law Review Online is also the official web presence of the University of Louisville Law Review.  The website features over 1,150 pages of archived content from print issues of the Law Review, available at no charge, and provides the most up-to-date information about the Law Review's publications, membership, events, and initiatives.

University of Louisville Law Review Announces Online Publication of Gideon v. Wainwright Commemorative Series

The University of Louisville Law Review launched its new web presence, www.louisvillelawreview.org, in May 2013. This website serves as the home for the journal's new online component, the University of Louisville Law Review Online. The launch of the new online component concluded more than a year of planning and development by the Editorial Boards for Volumes 51 and 52. The University of Louisville Law Review Online serves as a complement to the Law Review's print edition and is intended to facilitate robust discussion of our print content and prompt commentary on timely issues of law and policy, recent judicial decisions, and legislative developments. It will feature online-exclusive works from accomplished practitioners, judges, professors, and students alike, offering non-traditional law review articles, responsive essays, case reviews, book reviews, and other commentary. Online pieces will be published on a rolling basis under an expedited editorial schedule that facilitates timely responses to hot-button issues.

We are pleased to announce the publication of our first online-exclusive materials, a series of six articles commemorating the 50th anniversary of the landmark Gideon v. Wainwright decision. These pieces were written in connection with this summer's program at the Kentucky Bar Association's Annual Convention, “The Gideon Decision: Constitutional Mandate or Empty Promise? Does the 50th Anniversary of the U.S. Supreme Court Decision Deserve a Celebration?” Read on for a brief introduction to the Gideon series provided by Daniel T. Goyette, Chief Public Defender for Louisville and Jefferson County Metro, and Executive Director of the Louisville-Jefferson County Public Defender Corporation. Please visit www.louisvillelawreview.org/onlinecontent to access these interesting and timely articles.

University of Louisville Law Review First-Year Members Selected

The Editorial Board of the University of Louisville Law Review is pleased to announce selection of the following students as First-Year Members for Volume 52:

Neil Aboulhosn
Tara Adkins
Andrea Aikin
Christopher Allen
Kathryn Ball
Jenna Brady
Joshua Collins
David Cowley
Alexa Cox
Kellie Davis
Matthew Dawson
Emily DeVuono
Matthew Dry
Isaac Fain
Leah Gravius
Mary Catherine Halloran
Philip Heleringer
Mina Khalil
Andrew Lakin
Patrick Markey
Aaron Marcus
Kaleb Noblett
Kevin Owens
Sarah Reddick
James Shepard
Patrick Walsh
Jordan White

University of Louisville Law Review Unveils New Web Presence, Announces Gideon v. Wainwright Commemorative Series

The University of Louisville Law Review is pleased to announce the launch of its new web presence, www.louisvillelawreview.org, which will serve as the home for the Law Review's new online component, the University of Louisville Law Review Online. The launch of the new online component culminates more than a year of planning and development by the outgoing and incoming Editorial Boards. The website was designed and built by Harlen Compton, Online Content Editor for Volume 52.

The University of Louisville Law Review Online will serve as a complement to the Law Review's print edition. Created by the Editorial Boards for Volumes 51 and 52, the online component is intended to facilitate robust discussion of our print content and prompt commentary on timely issues of law and policy, recent judicial decisions, and legislative developments. It will feature work from accomplished practitioners, judges, professors, and students alike, offering non-traditional law review articles, responsive essays, case reviews, book reviews, and other commentary. Online pieces will be published on a rolling basis under an expedited editorial schedule that facilitates timely responses to hot-button issues.

In addition to publishing online exclusives, www.louisvillelawreview.org is also the official web presence of the University of Louisville Law Review. The website features over 1,150 pages of archived content from print issues of the Law Review, available at no charge, and provides the most up-to-date information about the Law Review's publications, membership, events, and initiatives.

We are pleased to announce the publication of our first online-exclusive materials, a series of six articles commemorating the 50th anniversary of the landmark Gideon v. Wainwright decision. These pieces were written in connection with this summer's program at the Kentucky Bar Association's Annual Convention, “The Gideon Decision: Constitutional Mandate or Empty Promise? Does the 50th Anniversary of the U.S. Supreme Court Decision Deserve a Celebration?” Read on for a brief introduction to the Gideon series provided by Daniel T. Goyette, Chief Public Defender for Louisville and Jefferson County Metro, and Executive Director of the Louisville-Jefferson County Public Defender Corporation. Please visit www.louisvillelawreview.org/onlinecontent to access these interesting and timely articles.

The University of Louisville Law Review is the recipient of the 2013 KACDL Media Award  in recognition of the inaugural edition of the University of Louisville Law Review Online in which a series of articles commemorating the 50th anniversary of the landmark Gideon v. Wainwright decision were published. The award is presented to a reporter, editor, author, publication or organization that has informed Kentucky citizens about the critical constitutional roles of criminal defense lawyers, public defenders or criminal defense organizations in ensuring the individual liberties guaranteed by our Bill of Rights. The Awards Committee unanimously agreed that the law school, the law review, its editors and staff are richly deserving of this recognition for focusing attention on the importance of the right to counsel in our system of justice and the continuing challenge of making the mandate of Gideon a meaningful reality in our courts.

The award will be presented during the Association's 27th Annual Criminal Defense Law Seminar and Conference at 12:15 p.m. on Friday, November 1, 2013, at The Galt House Hotel.
 

University of Louisville Law Review Publishes Third and Final Issue of Volume 51

The Editorial Board and Staff of the University of Louisville Law Review are pleased to announce publication of Issue 3 of Volume 51. At 254 pages, the Law Review's Summer Issue features:

Brandeis Lecture
Glittering Generalities and Historical Myths, 51 U. Louisville L. Rev. 419 (2013)
Justice John Paul Stevens (Ret.)

Faculty Showcase Series
Disability Discrimination Law: The Impact on Legal Education and the Legal Profession, 51 U. Louisville L. Rev. 429 (2013)
Laura Rothstein, Professor of Law and Distinguished University Scholar, University of Louisville Louis D. Brandeis School of Law

Articles
Fictional Characters and Real People, 51 U. Louisville L. Rev. 435 (2013)
Leslie A. Kurtz, Professor of Law, University of California, Davis

Law Student Laptop Use During Class for Non-Class Purposes: Temptation v. Incentives, 51 U. Louisville L. Rev. 483 (2013)
Jeff Sovern, Professor of Law, St. John's University School of Law

Shareholders Are Not Fiduciaries: A Positive and Normative Analysis of Kentucky Law, 51 U. Louisville L. Rev. 535 (2013)
Thomas E. Rutledge, Member, Stoll Keenon Ogden PLLC

Carl A. Warns, Jr. Labor & Employment Law Institute
What to Do, What to Do: Employer Health Benefit Plans During and After 2012's Uncertainty, 51 U. Louisville L. Rev. 569 (2013)
Susan E. Cancelosi, Associate Professor, Wayne State University Law School

Notes
Subjective Intent and the Police-Created Exigency Doctrine: The Lawlessness of the Lawfulness Test, 51 U. Louisville L. Rev. 591 (2013)
Ben Lowry

Sowing Wild Oats: Bystander Strict Liability in Tort Applied to Organic Farm Contamination by Genetically Modified Seed, 51 U. Louisville L. Rev. 629 (2013)
Amanda Smith

Course Corrections: House Bill 463 and Reforming Kentucky's Broken Criminal Justice System Through Evidence-Based Reinvestment Strategies, 51 U. Louisville L. Rev. 647 (2013)
Edward M. O'Brien

Copies of Issue 3 will soon be available on reserve in the Law Library and on Westlaw, Lexis Nexis, and HeinOnline. The journal is cited as 51 U. Louisville L. Rev. 419.

Publication of the Summer Issue culminates a successful year for the Law Review. This year, the publication was recognized for best practices and innovation in editing by the National Conference of Law Reviews (NCLR) and selected to host the NCLR's annual conference in March of 2015, which will bring between 250 and 350 journal editors and thousands of dollars in economic impact to Louisville. Finally, this month the Law Review will launch its new web presence, making its content more accessible and dynamic than ever before.

Volume 51 of the University of Louisville Law Review consists of 673 pages of content covering a wide range of legal and policy issues. One article published this year has already been cited in the Harvard Law Review.

None of these accomplishments would have been possible without the hard work and dedication of the Law Review Editorial Board and Staff, who have logged a cumulative total of 7,500 hours of work over the last year. The Editorial Board for Volume 51 wishes the incoming Board, which officially takes over on May 11, the best of luck next year.

Student Authors Selected for Publication in the University of Louisville Law Review

Congratulations to the following authors selected for publication in Volume 52 of the University of Louisville Law Review:

VOTED BEST NOTE:

Molly Hardy, Kentucky Property Tax Lien Sales: Amendments in the Interest of Homeowners and Mortgagees and Returning Tax Collection to Local Taxing Districts as a Matter of Public Policy

HONORABLE MENTION:

Robin Rice, By What We Have Destroyed: Historic Preservation and the Preservation of Individual Property Rights

Michael McGee, Avoiding a Corrupt Bargain: Ensuring Congress Is Kept Out of a Contingent Presidential Election

ALSO SELECTED FOR PUBLICATION:

Amy Dorsch, Food Stamps in America: How an Octogenarian Program Can Still Meet the Country's Needs 

B.J. Hardy, Judicial Selection Question: Why Is it Time for Preemptive Reform of Kentucky's Judicial Selection Method?

Billy Hopkins, Fraud Created the Market: A Presumption Without Basis

Chelsea Painter, Mandatory Retirement: Diminishing the Goals of the Age Discrimination in Employment Act

Dani Smith, The Minority Approach That Could Protect the Majority of Kentucky Consumers: Relaxing the Privity Requirement for Implied Warranties of Merchantability

Kit Thurman, The Risk of Shared Saving in an Unaccountable Commercial Insurance Market

SELECTED FOR ONLINE PUBLICATION:

Harlen Compton, Seeing Through the Haze: Smoking Bans, Boards of Health, and the Balance of Powers in Kentucky Government

Lacey Gullett, Coalbed Methane Ownership in Kentucky: Setting a Basis of Expectations

Erica Wood, A Game Changer: How Small Firms and Solo Practitioners Can Survive the Addition of E-Discovery to Kentucky's Civil Rules

Law Review Information Session

The University of Louisville Law Review will be hosting an information session on Thursday, April 4th at 12:05 in Room LL75. This will be a great opportunity for any students to attend who missed the previous law journal interest session. Come get your questions answered regarding the benefits of Law Review membership, the application process and timeline, selection criteria, membership responsibilities, satisfying the writing requirement, earning academic credit, and much more. Wick's pizza will be provided!