Kentucky Law Journal Now On Sale
Media Contacts:
* Katy Bennett, (859) 257-1754, x255
* Heather Russell, (859) 257-7938
LEXINGTON, Ky. (Feb. 5, 2009) – The first book in the 97th volume of the Kentucky Law Journal is now available for purchase. Since 1913, the Kentucky Law Journal has published scholarly works of general interest to the legal community and is the 10th oldest law school journal in the country. It is produced by students of the University of Kentucky College of Law under the direction of an 11-person editorial board and with the advice of a faculty member. The Kentucky Law Journal is published quarterly by the College of Law.
Articles and notes featured in volume 97, No. 1 are as follows:
Robert G. Lawson: "Persistent Felony Offender Law Reform, A Crucial First Step Toward Sentencing Sanity in Kentucky"
Lawson, Charles S. Cassis Professor of Law in the University of Kentucky College of Law, examines the prison system in Kentucky and its need for reform in his latest article.
The purpose of Lawson’s article is to engage in analysis and discussion of the state’s persistent felony offender (PFO) law, reform that would decrease the population that has Kentucky prisons and jails grossly overcrowded. The analysis and discussion offer brief consideration of the justifications used to support repeat offender laws, a segment on the history and evolution of Kentucky’s law, an examination of a selection of repeat offender laws from other states, a report on two field studies of the use of the PFO law in two Kentucky courts, and a concluding argument in support of a return to sentencing sanity that once prevailed in our laws and in our justice system.
Lawson has been a faculty member of the College of Law since 1966, with two periods of service as dean. He has been extensively involved in law reform efforts in Kentucky, acting as principal drafter of both the Kentucky Penal Code and the Kentucky Rules of Evidence.
Neal H. Hutchens: "Silence at the Schoolhouse Gate: The Diminishing First Amendment Rights of Public School Employees"
When a teacher decides to teach “Romeo and Juliet” to her language arts class, is that decision protected by the First Amendment of the United States Constitution? Is her choice to teach Shakespeare by having her students act out the play in full costume protected speech? Does it matter whether the teacher was acting within the scope of her employment?
"Silence at the Schoolhouse Gate: The Diminishing First Amendment Rights of Public School Employees" addresses all of the above questions. Additionally, the article analyzes the current state of a teacher’s First Amendment rights following the United States Supreme Court decision in Garcetti v. Ceballos. The article concludes with the professional insights provided by Hutchens. Hutchens currently serves as an assistant professor of law at Barry University School of Law.
Mark Schultz and Alec van Gelder: "Creative Development: Helping Poor Countries by Building Creative Industries"
This paper advocates a grass-roots, pragmatic approach to intellectual property and economic development in poor countries that diverges from much of the current academic and policy debate about these topics. The authors consider how copyright and related institutions can support bottom-up growth, by encouraging local creators and creative industries to thrive. Two case studies inform this paper’s analysis: The development of the country music industry in Nashville, Tenn., and the challenges faced by the popular music industry in Africa today.
Schultz is visiting assistant professor at DePaul University College of Law in Chicago and assistant professor at the Southern Illinois University School of Law in Carbondale, Ill. Van Gelder is network director at International Policy Network, London, U.K.
Sarah O. Cronan: "Grounding Cyberspace: Public Schools’ Jurisdictional Authority to Discipline Student Internet Speech"
Concerns regarding online harassment among teens, often known as cyber bullying and cyber harassment, have grown in recent years. As the effects of such activity creep into the school setting, teachers, school officials and school boards are attempting to address the problems that result. Often a school’s disciplinary actions are met with disapproval from parents and First Amendment advocates defending students’ rights to free speech.
Cronan argues the standard to review a purported violation of students’ First Amendment rights in the Internet context should focus less on a geographic distinction, i.e., whether the speech occurs in–school or out–of–school, and focus more on the harmful effects of student cyber bullying and cyber harassment felt within schools.
Ian C.B. Davis: "An Analysis of Horse Racing Jockeys Riding under Kentucky’s Workers’ Compensation Laws"
In 2006, Gov. Ernie Fletcher proclaimed, "[i]f Kentucky is to remain known as the ‘Horse Capital of the World,’ then we should provide workers’ compensation coverage for the jockeys who participate in this thrilling but sometimes dangerous sport." Since Fletcher's statement, Kentucky has failed to provide workers' compensation coverage for jockeys riding on Kentucky's race tracks. In "An Analysis of Horse Racing Jockeys Riding Under Kentucky's Workers' Compensation Laws," Davis explores the antiquated judicial precedent that excluded jockeys from workers' compensation coverage and the failed legislative efforts to redress jockeys' unfortunate plight. Examining workers' compensation models from other horse-racing states, Davis ultimately offers a proposal for Kentucky to fulfill its obligation to protect some of its most at-risk workers.
Sarah Sloan Wilson: "Readin’, ‘Ritin’, ‘Rithmetic, and Responsibility: Advocating for the Development of Controlled-Choice Student-Assignment Plans after Parents Involved"
As one public-school board member has remarked, “student assignment is not pleasant.” After the Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District, in which the court struck down Seattle Public Schools and Jefferson County Public Schools’ use of individual racial classifications, student assignment has become an even more unpleasant task for board members, especially those faced with evidence of rising racial isolation in their districts.
In "Readin’, ‘Ritin’, ‘Rithmetic, and Responsibility: Advocating for the Development of Controlled-Choice Student-Assignment Plans after Parents Involved," Wilson, a former middle and high school English teacher, proposes a controlled-choice student-assignment plan that will comply with Parents Involved while, at the same time, work toward a district’s goal of providing an equal and excellent education for all students, regardless of race, socioeconomic status, or residential location.
Kentucky Law Journal subscriptions are available on a volume basis and single issues are now available for purchase. The price of a single subscription is $42.00 per year or $10.50 per issue. Contact the Kentucky Law Journal at 859-257-4747 or by e-mail for more information.
