When the Law Doesn\u27t Work

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

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

Making Stuff Up

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

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

Kentucky Law Survey: Insurance

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

Adversary Ethics: More Dirty Tricks

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them

Part-Time Prosecutors and Conflicts of Interest: A Survey and Some Proposals

For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor\u27s dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a clear statement of the boundaries. We need to confront these issues more directly, and debate the problems of part-time prosecutors more openly