843 research outputs found

    When the Law Doesn\u27t Work

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    This Article looks at Dylan songs and traces them back to true crime to relate Dylan to the law. It looks at Ballad of Hollis Brown, Ballad of Donald White, The Lonesome Death of Hattie Carroll, Hurricane, Percy\u27s Song, and Talking Bear Mountain Picnic Massacre Blues. Part I looks at Dylan\u27s traditional songs. Part II looks at Dylan\u27s finger-pointing songs. Finally, part III looks at Bad Judge Ballads

    Logic and the Common Law Trial

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    In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers

    Introduction to Health Care Symposium

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    Kentucky Law Survey: Insurance

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    This Survey will examine recent Kentucky decisions on insurance law issues, and comment on the latest crop of cases relating to the application and construction of the Kentucky Motor Vehicle Reparations Act. In addition, this Survey will discuss proposed unfair claims settlement practices legislation, which is once again generating interest in the Commonwealth

    Making Stuff Up

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    Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury

    Discovery in Kentucky: An Overview

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    Discovery receives short shrift in the law school curriculum. Although students are introduced to the subject in a first year course on Civil Procedure, the bathtub effect usually takes its toll by graduation day. That is, after the first year, the plug is pulled and the student\u27s knowledge drains away. Moreover, it is difficult to teach discovery in third year programs on trial advocacy. Too much emphasis on discovery and pretrial would leave too little time for instruction on the mechanics of the actual trial. Even the experienced practitioner may not remember all the intricacies of discovery and may find it helpful to have a practical source of authority which is sufficiently concise to be carried in a briefcase for easy reference. This Article is intended to serve the needs of both the beginning student and the experienced practitioner. It was written to serve as both an introduction to and a refresher on discovery in Kentucky. With this goal in mind, the author has deliberately drawn on cases that are of practical and tactical significance

    The Doctor and His Lawyer: Conflicts of Interest

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    This Article will not survey and catalog all available cases dealing with the insurance counsel\u27s tightrope. Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides particularly fertile ground for conflicts of interests and legal malpractice claims
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