Jenny Wells

Kentucky Law Journal Now On Sale

Published: Feb 9, 2010

LEXINGTON, Ky. (February 9, 2010) – The first book in the 98th volume of the Kentucky Law Journal is 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 a 15-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 98, No. 1 are as follows:


Michelle Arnopol Cecil: "A Reappraisal of Attorneys' Fees in Bankruptcy"

The current mortgage foreclosure crisis, coupled with the country's economic downturn and escalating consumer costs, have combined to place a crippling burden on the nation's bankruptcy system. During difficult economic times such as this, it is imperative that the bankruptcy system operate efficiently, as it provides a social safety net for both consumers and businesses. Unfortunately, there are many issues of statutory interpretation left unanswered in the Bankruptcy Code, and these issues have placed an increased burden on the country's bankruptcy courts. In her article, professor Michelle Cecil of the University of Missouri School of Law seeks to resolve one thorny issue of statutory interpretation: the treatment of attorneys' fees in bankruptcy.


The Supreme Court recently handed down a landmark decision, Lamie v. United States Trustee, in which it held that debtors' attorneys' fees are not entitled to priority treatment in bankruptcy. In the aftermath of Lamie, courts have struggled to apply its holding to a host of scenarios left unresolved by the court's decision. Cecil's article attempts to create a new method for approaching the priority of attorneys' fees in bankruptcy. It criticizes Lamie for not going far enough toward resolving the attorneys' fees issue, and proposes a statutory amendment to the Bankruptcy Code that will harmonize the interests of both creditors and debtors who are seeking bankruptcy protection during these difficult economic times.


John L. Hill: "The Constitutional Status of Morals Legislation"

In 2003, the Supreme Court decided Lawrence v. Texas, holding for the first time in U.S. history that consensual homosexual acts are constitutionally protected. The decision capped off 150 years of debate between liberals and conservatives about "morals legislation" –   laws prohibiting a variety of arguably private behaviors including fornication, adultery, prostitution, assisted suicide and illegal drug use, because the majority believes them to be immoral. Liberals have welcomed the Lawrence decision as a final decisive victory in the debate, viewing Lawrence as a rebuke not only to sodomy laws but to all forms of morals legislation. Some courts have agreed. The Virginia Supreme Court followed Lawrence's rationale in striking down laws prohibiting fornication, while other courts have considered its relevance to adultery and prostitution laws. Conservatives have decried the decision for much the same reason. Justice Antonin Scalia argued in dissent in Lawrence that the decision is the death knell to all morals legislation. 


In "The Constitutional Status of Morals Legislation," professor John Hill from the Indiana University School of Law argues that liberals and conservatives are both wrong about the relevance of Lawrence to the wider debate. He shows that, despite the ringing rhetoric of liberals, the modern privacy right protects little beyond abortion and contraception use. He then argues that the Lawrence decision is meant to be read narrowly. It does not herald the end of morals legislation and does not create a constitutional right to engage in adultery, fornication or prostitution, let alone assisted suicide or illegal drug use. Instead, it stands for the more limited yet sensible principle that states may not single out politically vulnerable groups, including gays, denying them the liberty of engaging in private, nonharmful sexual acts when the basis for this may be nothing other than political animus. 


Alina Klimkina: "Are Noncompete Contracts Between Physicians Bad Medicine? Advocating in the Affirmative by Drawing a Public Policy Parallel to the Legal Profession"


Given the vast number of decisions upholding restrictive covenants among doctors, the implication is that noncompete clauses in physicians' employment agreements will generally be enforceable. Since the adoption of its first code of professional conduct, however, the American Bar Association has plainly prohibited such covenants between attorneys. In light of recent decisions, this note discusses the background and policy of traditional noncompete agreements, the current trend of restrictive covenants, and most importantly, provides a public policy comparison between the professional fields of medicine and law in which the enforcement of noncompetes is strikingly different. The author concludes that ultimately, when restrictive covenants are upheld among physicians, the patients take the hardest hit. Thus,  Klimkina, a third year law student at the University of Kentucky, proposes that in judging noncompetes in the medical profession, the patients’ interests must prevail over all other considerations and such covenants among physicians should be unenforceable.


David Newton: "Widespread Panic: Why the Mortgage Lending Industry Can Calm Down about Amending Cramdown"


Under current bankruptcy law, bankruptcy judges are forbidden from amending the terms of mortgage loans secured by a homeowner's primary residence. For many individual debtors, their home is their largest asset, and in many cases, their largest debt. For these debtors, prohibiting modification, or "cramdown," of their mortgage loan balance in the bankruptcy courts means that bankruptcy relief is no relief at all. Without aid from the bankruptcy system, many homeowners are unable to stop the seemingly inexorable slide toward default and foreclosure. The foreclosure boom experienced in certain parts of the United States during 2007 and 2008 indicates that foreclosures breed more foreclosures, and the costs of each foreclosure (e.g., reduced property values, increased police presence) must be paid by the surrounding community. In his note, UK College of Law student David Newton argues that it is time to remove the protection for mortgages secured by a primary residence from the Bankruptcy Code. 


This protection of mortgages secured by primary residences was added to the Bankruptcy Code in the late 1970s as a way of reducing risk of loss to lenders, thereby freeing up lending capital and keeping interest rates low, making mortgage loans more available to potential homebuyers. Newton's note argues that this favored status in the bankruptcy system is no longer appropriate, given the structure of the current securitized mortgage market. Newton's research shows that this protection in the bankruptcy system is no longer the only force exerting downward pressure on home mortgage interest rates. Over the last several years, innovations in mortgage finance have taken availability of mortgage loans to new heights. Increasing homeownership, however, is not without costs. The system only works to make loans more available because the current system passes the risk of default on to the rest of the country. Default risk is bundled and sold as an investment product, and in the end, everyone is forced to pay the tab for these risky loans when the homeowner defaults. Allowing bankruptcy judges to modify residential mortgage loans might force the mortgage lending industry to more accurately calculate the true cost of default risk when making mortgage loans, since they, not our communities, will be forced to pay the costs of foreclosure.


Internship Info Session
LNFS Presents: Dallas Buyers Club
College of Law Welcomes Trevor Potter
Dancing at Lughnasa
LNFS Presents: Notes on Marie Menken
LNFS Presents: Edge of Tomorrow
UK Jazz Ensemble/ UK Lab Band
Earth & Environmental Science Student Open House
"Nerd Night" Exhibit and Concert
"Anne Braden: Southern Patriot" Film Screening and Discussion
Dancing at Lughnasa
LNFS Presents: My Neighbor Totoro
LNFS Presents: (500) Days of Summer
Men's Soccer vs. Old Dominion
Kentucky Volleyball vs. Alabama
Dancing at Lughnasa
Kentucky Football vs. South Carolina
Free Saturday Swing Dance Lessons
Rock Climbing @ Red River Gorge
Cross Cultural Workshop 2014
Swing Dancing!
Dancing at Lughnasa
Cross Cultural Workshop 2014
UK Children's Hospital/Birthing Center Annual Perinatal Loss "Walk To Remember"
Kentucky Volleyball vs. Texas A&M
Dancing at Lughnasa
Murals of Baltimore
Resumes and Cover Letters
Dancing at Lughnasa
Murals of Baltimore
Networking and Job Search
UK Choristers
Rock Star Professionalism Series
Stillness in Motion: The Essence of Symmetry - presented by Dr. Carl Lee, Mathematics
Dancing at Lughnasa
Murals of Baltimore
LNFS Presents: Night of the Living Dead
UK Law Day
Dancing at Lughnasa
Murals of Baltimore
LNFS Presents: Dawn of the Planet of the Apes
Mark Berry, Guest Percussion Recital
National Depression Screening Day
LNFS Presents: Torch Song Trilogy
Dancing at Lughnasa
LNFS Presents: Shut Up and Play the Hits
LNFS Presents: Watchmen
KLJ Data Privacy Symposium
Family Weekend Check-in
Big Blue Pantry Food Drive #1
Kentucky Women's Soccer vs. South Carolina
Family Weekend: Derek Hughes
Dancing at Lughnasa
Kentucky Football vs. ULM
Free Saturday Swing Dance Lessons
UK International Tent/ Tailgate Party
CT Surgery Symposium: Advances in the Surgical Management of Cardiothoracic Diseases:
Family Weekend Tent Party
Dancing at Lughnasa
DNT 101: A Taste of the Kentucky Doughnut Trail
Big Blue Pantry Food Drive #2
Kentucky Volleyball vs. Auburn
Sunday Lunch at Historic Spindletop Hall
Men's Soccer vs. Marshall
Job Club - Social Media and Your Career
Massage on the Go
LNFS Presents: The Last Samurai
UK Symphony Band Concert
Women's Forum Conference 2014
#TrendingTopics: Pornography vs. Morality
Career Assessment Workshop
LNFS Presents: The Tree of Life
LNFS Presents: Guardians of the Galaxy
UK Wind Symphony
LNFS Presents: Princess Mononoke
LNFS Presents: The Hitchhiker's Guide to the Galaxy
Kentucky Women's Soccer vs. Ole Miss
Berlin Philharmonic Wind Quintet
Paint the Town Blue
Free Kaplan Entrance Practice Exams
4th Annual Big Blue Soccer Tournament
Men's Soccer vs. New Mexico
Swing Dancing and Costumes?
Paint the Town Blue
UK Men's Chorus and acoUstiKats
Jazz Spectacular
UK Student Pajama Party
Kentucky Volleyball vs. LSU
Kentucky Women's Soccer vs. Florida
Paint the Town Blue
Midterm of 2014 Fall Semester
Returning to Work and Breastfeeding
Open Access Week Kickoff Event (Webcast)
Grad School 101
Royalty Showcase
Graduate and Professional School Prep Week: Preparing for Law School
Graduate and Professional School Prep Week: Grad School Panel: Surviving Your 1st Year
Film & Panel Discussion: Be Like Others
Graduate and Professional School Showcase
Your Publication, Your Choice: Choosing the Right Open Access Journal
Graduate and Professional School Prep Week
Graduate and Professional School Prep Week
Kitty Karnival
Study Tips for Medical School
LNFS Presents: Eternal Sunshine of the Spotless Mind
Thank-A-Donor Day
Campus Sustainability Day
Electronic Thesis and Dissertation Information Session
Getting Into Medical School
Writing a Winning Personal Statement
Career Assessment Workshop
LNFS Presents: Marimbas From Hell
LNFS Presents: The Fault in Our Stars
Generation Open: Researchers' Roles in the Age of Openness
Homecoming Street Fair
LNFS Presents: Kiki's Delivery Service
LNFS Presents: The Secret Life of Walter Mitty
"see blue." Day at Keeneland
Peanut Butter Drive
Pumpkin Carving Tournament
Kentucky Football vs. Mississippi State
Free Saturday Swing Dance Lessons
UK Women's Choir and Paws and Listen
Bill Cooper Faculty Recital
UK Trumpet Ensemble
Undergraduate Research Information Session "How to Find A Mentor"
Kentucky Men's Basketball Blue/White Scrimmage
Job Club - How To Get A Job at UK: Updates on IES Applicant Tracking System
Common Reading Experience Author Lecture: Presenting Ishmael Beah
Internship Info Session
LNFS Presents: The Shining
Pinterest Party
Leadership Assessment
"see boo." Halloween Party
Society for the Promotion of Undergraduate Research (SPUR) Meeting
#UKEDTALKS: Design Thinking with Dr. John Nash
Kentucky Volleyball vs. Tennessee
Career Assessment Workshop
LNFS Presents: Lucy
Film Viewing and Discussion of The Other Boleyn Girl
LNFS Presents: Papirosen
Kentucky Women's Soccer vs. Alabama
LNFS Presents: ParaNorman
LNFS Presents: Carrie
All Hallow's Eve Concert (UK Symphony Orchestra)
Work-Life Retirement Conference
Oct 23
Career Assessment Workshop 10/23/2014
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