Law Review News

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!

University of Louisville Law Review Selected to Host National Conference of Law Reviews in 2015

The University of Louisville Law Review is pleased to announce that it has been selected to host the 61st Annual National Conference of Law Reviews in March 2015. The conference allows law journal editors from throughout the nation to gather to exchange ideas and experiences about issues common to student-edited publications. Conference attendees also have the opportunity to hear from the foremost members of the legal community, meet with publishing and other service vendors, and socialize with a diverse group of law review editors from across the United States. Between 250 and 350 student editors attend the conference each year.

This announcement follows a successful week for the Law Review at this year's conference at the Thomas M. Cooley Law School in Lansing, Michigan, where it was recognized for best practices and innovation in editing. The Law Review presented to an audience of approximately 80 representatives of journals from throughout the nation about steps taken this year to improve the efficiency of the editing process. Following the presentation, at least 25 journals expressed direct interest in at least partially modeling their editing procedures and organizational structure after the University of Louisville Law Review. The presentation will be published in this year's NCLR Best Practices Manual, which will be distributed to hundreds of law journals throughout the country.

This is a big win for the Law Review, the law school and the Louisville community. The Law Review is honored to be selected to host the conference and looks forward to welcoming editors from throughout the nation to Louisville in March 2015.

University of Louisville Law Review Presents Best Practices in Editing at National Conference of Law Reviews

The University of Louisville Law Review is being recognized this week for best practices and innovation in editing by the National Conference of Law Reviews. The outgoing and incoming Editors in Chief are representing the Law Review at this year's conference in Lansing, Michigan.  NCLR is recognizing the Law Review's Editing Submission Sheet (ESS), a standardized editing form created by this year's Editorial Board, for its effectiveness in streamlining the editing process. The Law Review presented to an audience of approximately 80 representatives of journals from throughout the nation about the ESS and other steps taken this year to improve the efficiency of the editing process. Following the presentation, at least 25 journals expressed direct interest in at least partially modeling their editing procedures after the University of Louisville Law Review. The presentation will be published in this year's NCLR Best Practices Manual, which will be distributed to hundreds of law journals throughout the country. Congratulations to the Editorial Board and Staff of the University of Louisville Law Review on their hard work in continuing to set a positive example for other journals, and especially to Spencer Brooks, Senior Notes Editor, who was instrumental in the conception and implementation of the ESS.    

University of Louisville Law Review Membership Application, Vol. 52

The University of Louisville Law Review is pleased to announce the release of the Membership Application for Volume 52. Being a member of a journal is a great honor and opportunity for students to further develop their research, writing, and citation skills. All current 1L and 2L students are encouraged to apply. Each First-Year Member will receive two credit hours for participation on the Law Review. First-Year Members are also responsible for writing a student note which has the potential to be published in the Volume 53 Law Review.

The Application consists of a grade release form and a write-on prompt (not to exceed six pages, double spaced). Applications are due on May 10th by 6 PM. Several printed copies of the application packet will be available in the Resource Center across from room 275. Electronic copies of the application instructions, write-on prompt, and grade release form are attached, as well as also available through the Law Review TWEN page. If you have any further questions please contact Nick Whitt at nwhittuk10@gmail.com.

University of Louisville Law Review to Publish Brandeis Lecture by Justice John Paul Stevens

The University of Louisville Law Review is pleased to announce that it will publish former Associate Justice John Paul Stevens' Brandeis Lecture in the third and final issue of Volume 51.

Justice Stevens is the recipient of this year's Brandeis Medal. The Brandeis Medal is awarded to individuals whose lives reflect Justice Brandeis' commitment to the ideals of public service. Previous recipients include Supreme Court Justices Sandra Day O’Connor, Harry A. Blackmun, Ruth Bader Ginsburg and Stephen G. Breyer; Judges A. Leon Higginbotham, Jr. and Abner J. Mikva; New York District Attorney Robert Morgenthau; Professors Archibald Cox, Jr., Samuel Dash and Charles J. Ogletree; civil rights attorney Morris Dees, Jr.; Senator Howard H. Baker; Congressman John Lewis; Brandeis biographer Melvin Urofsky, and legal journalist Linda Greenhouse.

The Brandeis Medal will be presented to Justice Stevens on April 18, 2013. More information about the event is available here: http://www.law.louisville.edu/node/9158.

University of Louisville Law Review Publishes Winter 2013 Issue

The University of Louisville Law Review is pleased to announce publication of Issue 2 of Volume 51. The Editorial Board and Staff of the Law Review logged a cumulative total of 1,650 hours of work putting together the 220-page Winter 2013 Issue, which features three articles, three student-authored notes and one responsive essay. 

Copies of Issue 2 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. 201.  

Articles

Grassroots Originalism: Judicial Activism Arguments, the Abortion Debate, and the Politics of Judicial Philosophy
Mary Ziegler, Assistant Professor of Law, Saint Louis University School of Law

Of Red Bags and Family Limited Partnerships: Reforming the Estate and Gift Tax Valuation Rules to Achieve Horizontal Equity
John F. Coverdale, Professor of Law, Seton Hall University School of Law

It's the Journey, Not the Destination: Judicial Preferences and the Decision-Making Process
Carlos Berdejo, Associate Professor of Law, Loyola Law School - Los Angeles

Notes

"I Am in Control Here": Constitutional and Practical Questions Regarding Presidential Succession
David A. Erhart, J.D., 2012, University of Louisville Louis D. Brandeis School of Law; Assistant Commonwealth's Attorney, Jefferson County 

Scanning the Horizon: The Past, Present, and Future of Neuroimaging for Lie Detection in Court
Spencer J. Brooks, J.D. Candidate, 2013; Senior Notes Editor, University of Louisville Law Review

Regulating Flash Mobs: Seeking a Middle Ground Approach That Preserves Free Expression and Maintains Public Order
Lauren M. Claycomb, J.D. Candidate, 2013; Senior Articles Editor, University of Louisville Law Review

Responsive Essay

The Interest Convergence of Education Reform and Economic Development: A Response to "The State of Our Unions"
Jonathan C. Augustine, Adjunct Professor, Southern University Law Center