Kentucky

Survey USA poll on Kentucky Senate Race - Another poll shows dead heat

Posted on September 27, 2008
  Sept. 28- 3:00 p.m. ? LawReader has just learned from a source very close to the Lunsford campaign that a poll will be published Sunday Sept. 29 showing a dead heat in the Kentucky senatorial election.  Week of Sept. 24- Dramatic Shift in McConnell’s KY Senate Re-Elect; Women, Voters Focused on Economy, Move to Democrat Lunsford: 42 days until votes [...

Conservative judges fault Scalia opinion on guns

Posted on September 27, 2008
WASHINGTON (AP) ? Supreme Court Justice Antonin Scalia is no stranger to criticism. He gives as good as he gets.  But two recent critiques of his opinion in the landmark decision guaranteeing people the right keep guns at home for self-defense are notable because they come from respected fellow conservative federal judges...

New York Times Article Published in 1999 details beginning of housing sub prime problem

Posted on September 26, 2008
         This article was originally published on September 30, 1999  ?In a move that could help increase home ownership rates among minorities and low-income consumers, the Fannie Mae Corporation is easing the credit requirements on loans that it will purchase from banks and other lenders...

A Second U.S. Supreme Court Justice Opts Out of a Longtime Custom: The ?Certiorari Pool?

Posted on September 26, 2008
By ADAM LIPTAK September 25, 2008  WASHINGTON ? Justice Samuel A. Alito Jr. is getting out of the pool.  Skip to next paragraph For almost 20 years, eight of the nine justices on the Supreme Court have assigned their law clerks to a shared legal labor pool that streamlines the work of reviewing incoming cases...

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Beshear Chief of Staff, Adam Edelen, scores national award as one of top ten young americans

Posted on September 25, 2008
FRANKFORT, Ky. ? Gov. Steve Beshear today announced that Adam H. Edelen, his chief of staff, has been named one of the 2008 Ten Outstanding Young Americans by the United States Junior Chamber (Jaycees). The presentation of the 70th annual black-tie awards ceremony will be held Sept...

A Bailout Bill Takes Shape ? See draft of Current Bailout Bill

Posted on September 25, 2008
  By Steven M. Davidoff - professor at the University of Connecticut School of Law    We have obtained a draft of the current version of the Wall Street Bailout Bill that is being considered by Congress.   Scope of the Bailout   The bill attributed to Mr...

Employment discrimination plaintiffs fare poorly in federal courts

Posted on September 25, 2008
LABOR & EMPLOYMENT LAW ? 9/25/08   Employment discrimination plaintiffs fare poorly in federal courts, study finds Newly analyzed data from federal court records show that workers bringing employment discrimination lawsuits increasingly fare poorly in the federal courts, according to a report to be published by the Harvard Law & Policy Review and released September 18, 2008, by [...

If Jim Bunning had been President - Don McNay opines?

Posted on September 25, 2008
   By Don McNay If I were the king of the world, I?d tell you what I?d do.       Hoyt Axton (Three Dog Night)    I?ve been watching the economic meltdown and the guy who keeps echoing my thoughts is Kentucky Senator Jim Bunning.       That is not normal...

Americans Oppose Mandatory Minimum Sentencing, Will Vote for Candidates Who allow juries to impose sentences

Posted on September 24, 2008
FAMM Poll:   Sept. 24, 2008 WASHINGTON,, Sept 24, 2008 /PRNewswire-USNewswire via COMTEX/ — A new poll released today by Families Against Mandatory Minimums (FAMM) shows widespread support for ending mandatory minimum sentences for nonviolent offenses and that Americans will vote for candidates who feel the same way...

Deadline Extended for Food Stamp Clients to Apply for Replacement Benefits; Customers have until Oct. 3 to make claim for groceries destroyed after wind storm

Posted on September 24, 2008
September 24, 2008  FRANKFORT, Ky. (Sept. 24, 2008) ? Kentuckians who lost perishable groceries purchased with food stamp benefits after the recent wind storm have extra time to apply for replacement benefits.   Clients in counties affected by the wind storm whose food was spoiled because of power outages have until Friday, Oct...

Eligible for Justice: Guidelines for Appointing Defense Counsel

Posted on September 22, 2008
By The Access to Justice Program ? 09/16/08 Download PDF of Executive Summary Download PDF of Full Report View Recommendations About the Access to Justice Program For more than four decades, the Supreme Court has been clear: the Constitution requires states to provide a lawyer to people facing criminal charges who are unable to afford their own counsel...

Justice Scott Named in Perry County lawsuit claiming Nepotism ? Trial Court has no jurisdiction to rule on this claim. Code of Judicial Conduct permits a judge to make job reccomendations.

Posted on September 22, 2008
 A fired AOC employee claims in a Perry County lawsuit that Justice Will T. Scott of Pikeville acted ?unethically? in allegedly calling the AOC director, and recommending his son Andrew Scott for a job.  We don?t know if Justice Scott made such a recommendation, but even if he did, this does not provide a legal remedy [...

Online help for judges in election lawsuits

Posted on September 19, 2008
Sept. 20, 2008 WASHINGTON (AP) ? An unpleasant Election Day scenario: A heavy turnout and a close election lead to a flood of court challenges. Legal groups are offering local judges new online resources to prepare for such a deluge.  “These are things lawyers and judges do not deal with on a day-to-day basis,” American Bar [...

Franklin Circuit Judge orders public defenders to stop refusing cases

Posted on September 19, 2008
A Franklin CountyCircuit Judge has ordered public defenders to stop refusing certain types of cases because of funding problems.  The temporary injunction, which was entered Friday afternoon by Franklin Circuit Judge Thomas D. Wingate, was made at the request of lawyers for Kentucky State Treasurer Todd Hollenbach and Finance and Administration Secretary Jonathan Miller...

Great Britain Allows Establishment of Sharia Courts in England ? Arbitration laws used to circumvent British Courts- Similar loophole exists in Kentucky Law.

Posted on September 17, 2008
The Courts in Great Britain have allowed use of their Arbitration law to allow Muslim groups to impose Sharia law on their citizens.   This loophole allows anyone signing an agreement to submit their disputes to arbitration to be bound by the ruling of the Muslim arbitrator...

Chief Justice Minton recognizes Constitution Day

Posted on September 16, 2008
September 16, 2008 Frankfort, Ky. — In recognition of Constitution Day on Wednesday, Sept. 17, Chief Justice John D. Minton Jr. is encouraging citizens to learn about the U.S. Constitution. Read the Constitution.   “On this Constitution Day and every day, I urge all Kentucky citizens to gain an understanding of the document that is the foundation [...

PULASKI CIRCUIT JUDGE ISSUES INJUNCTION

Posted on September 16, 2008
September 15, 2008 PULASKI CIRCUIT JUDGE ISSUES INJUNCTION AGAINST CORRECTIONS RELEASE OF PRISONERS AND PAROLEES             Pulaski Circuit Judge David A. Tapp has issued a temporary injunction against the Kentucky Department of Corrections regarding the lawsuit filed by Commonwealth?s Attorney Eddy F...

Prosecutor Resignations at All-Time High; Justice Leaders Warn of Crisis

Posted on September 16, 2008
Sept. 15, 2008   MADISON, Wis., Sept 15, 2008 /PRNewswire via COMTEX/ — An alarmingly high rate of turnover in the ranks of assistant county prosecutors threatens to cripple crime-fighting efforts statewide, Dane County District Attorney Brian Blanchard, representatives from the Wisconsin Association of State Prosecutors (ASP), law enforcement officials and victim rights advocates warned at a [...

Prosecutor Resignations at All-Time High; Justice Leaders Warn of Crisis

Posted on September 16, 2008
  Sept. 15, 2008   MADISON, Wis., Sept 15, 2008 /PRNewswire via COMTEX/ — An alarmingly high rate of turnover in the ranks of assistant county prosecutors threatens to cripple crime-fighting efforts statewide, Dane County District Attorney Brian Blanchard, representatives from the Wisconsin Association of State Prosecutors (ASP), law enforcement officials and victim rights advocates warned at a [...

6th Circuit Decision in Antidegradation Case Rejects In Part EPA?s Approval of Kentucky Water Quality Rules

Posted on September 12, 2008
    September 8, 2008 The U.S. Court of Appeals for the Sixth Circuit issued an opinion on September 3, 2008 in the case of Kentucky Waterways Alliance v. Johnson, reversing and remanding in part Environmental Protection Agency’s approval of Kentucky’s flawed antidegradation rules...

Book Review: The First Amendment - Creation or Evolution

Posted on September 12, 2008
Zachary J. Lechner        September 8th 2008 Lewis, Anthony. Freedom for the Thought That We Hate: A Biography of the First Amendment. (New York: Basic Books, 2008.)   Freedom for the Thought That We Hate: A Biography of the First Amendment is part of Basic Books? ?Basic Ideas? series in which ?a leading authority offers a concise biography [...

Justice Department Issues 213 Page Report on Antitrust Monopoly Law

Posted on September 12, 2008
An Executive Summary of the Department’s report is attached. The full report can be found on the Department of Justice’s web site at www.usdoj.gov/atr/public/reports/236681.pdf.   WASHINGTON, Sept 08, 2008 /PRNewswire-USNewswire via COMTEX/ — Report Provides Consumers, Businesses, and Policy Makers With Analysis of Single-Firm Conduct Under the Antitrust Laws   The Department of Justice today issued a [...

Federal Court: warrant needed to turn cell phone into homing beacon

Posted on September 12, 2008
  www.arstechnica.com/news   By Julian Sanchez  September 11, 2008 ?   It just got a bit harder for law enforcement agencies to turn your cell phone into a personal homing beacon: A federal court has slapped down the Justice Department’s appeal of a February ruling that required investigators to seek a probable cause warrant before acquiring historical records [...

LawReader makes a clean get-a-way: People sheltering at ground level at Galveston Bay when Hurricane Ike hits face ?certain death,? the weather service warns.

Posted on September 12, 2008
Sept. 12, 2008 By Stan Billingsley Galveston, Texas is on an island just south of Houston.  Yesterday I flew into Houston and noted that this whole part of the country is covered by thick cloud layers as Hurricane Ike marches toward Galveston.  Fortunately we were about 48 hours in advance of the storm and were able to [...

U.S. Supreme Court asked to immunize drug manufacturers from lawsuits

Posted on September 12, 2008
By David G. Savage  Los Angeles Times   WASHINGTON - The Supreme Court earlier this year reinterpreted a 32-year-old federal law as barring suits against makers of government-approved medical devices. In a case to be heard this fall, the court will consider whether to extend this shield against lawsuits to the makers of prescription medicines and over-the-counter [...

Lexington Herald Leader cites controversial Letter from a resident of Wasilla, Alaska who has know Sarah Palin since l992.

Posted on September 07, 2008
Sep 3, 2008 This letter was cited by the Lexington Herald-Leader on September 7th.,  but their link is not working. A Letter From Anne Kilkenny What follows is an open letter written by a resident of Wasilla, Alaska named Anne Kilkenny.I am a resident of Wasilla, Alaska...

Brenda Popplewell joins ranks as one of Kentucky?s Top Criminal Defense Lawyers as she wins 6th. Circuit Appeal for client sentenced to 52 years.

Posted on September 07, 2008
Sept. 5, 2008 Brenda Popplewell (a LawReader user) of Somerset continues to stake her claim as one of Kentucky?s most effective criminal defense lawyers.  She has another victory to add to a long string of high profile courtroom verdicts in favor of her clients...

D.C. Court stays Harriet Miers Testimony Before Congress

Posted on September 07, 2008
  Sept. 7, 2008 [JURIST] The US Court of Appeals for the DC Circuit has issued a temporary stay delaying the enforcement of a district court ruling compelling the testimony  of former White House Counsel and US Supreme Court nominee Harriet Miers before the House Judiciary Committee in connection with the US Attorneys firing scandal...

ENERGY INDEPENDENCE AND PROTECTING THE ENVIRONMENT ARE NOT MUTUALLY EXCLUSIVE GOALS ?

Posted on September 05, 2008
Editorial by LawReader Senior Editor Stan Billingsley Sept. 5, 2008     We have a problem, but there are solutions   The Paris Hilton Solution   Energy independence and the Nazi?s  Here?s what they did?   The environment: How endangered is it? Are they telling the truth?   WWII saw oil dumped into the seas and the world survived   The Exxon Valdez oil spill   The Alaska Pipeline   LawReader stringer, Wayne [...

Posted on September 05, 2008

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