The Kentucky Law Journal Blog features posts on timely legal issues written by members of the Kentucky Law Journal staff.

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Blog Posts from 2024

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‘ESG Evasion’ & the Anti-ESG Campaign: Tennessee’s Call for Clarity and Consumer Protection Against BlackRock, Inc., the World’s Largest Asset Manager, Qwenton Briggs

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Did the Supreme Court just quietly overrule Arizona v. United States? An Analysis of the Supreme Court’s recent order in United States v. Texas, Drayden Burton

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Is a Federal Public Defender Agency Necessary?, Jacob I. Bush

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Kentucky’s Proposed Amendment 2: Bad for Students, Bad for Taxpayers, Bad for Kentucky, Emma Collins

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Is it Game, Set, Match on the NCAA's Amateurism and Prize Money Bylaws after NCAA v. Alston?, Tate Craft

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The Failure of House Bill 278: Kentucky’s New Age Verification Law is the Product of Legislative Scheming, Impetuousness, and Naivete, Steven Dabney

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Strike Three, You’re Out: The “Safer Kentucky Act” Faces Criticism as it Approaches the Governor’s Desk, Robert Desper

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Meriwether and Olentangy: The Sixth Circuit’s Battle Over Free Speech and Gender Identity, Alex Drury

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The Proposal to Pause the Apple Watch Import Ban Should Not Succeed: A Focus on The Prospect of Irreparable Injury, Meghan Hashemi

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Do State-Requested Receivers Violate the Takings Clause?, Preston Huennekens

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In Vitro Fertilization: What the Alabama Supreme Court Decision Could Mean for Kentucky, Elizabeth Joiner

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Are Algorithms Increasing Bias? A Discussion of the Use of Risk Assessment Tools in Kentucky’s Criminal Courts, Savannah Molyneaux

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Unpacking The Department of Labor’s “New” Economic Realities Test: A Side-By-Side Comparison with the 2021 Independent Contractor Rule, Carmella M. Palladino

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The Need for Mixed Zoning Initiatives and Tax Breaks: How Walkable Neighborhoods Can Increase Tourism, Jobs, Housing, and Quality of Life, Kristen Price

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It is Time for Kentucky to Open Up to Open Adoptions, Emily Prince

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Admitting Artificial: The Approaches to Admitting Generative AI in Court Settings, Turner Reynolds

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Reimagining the Law of War: The Artificial Intelligence Revolution and U.S. National Security, Preiss Terry

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American Censorship: The Future of Social Media and Its Users, Abigail Vicars

Blog Posts from 2023

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Non-Delegation Revisited?: The Court’s Changing Views in Light of Gundy v. United States, Jacob Bruce

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The Pending Tragedy in Kentucky’s Family Court System, Caleb B. Childers

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The Race Horse Cost Recovery Act of 2023: Why the Three-Year Depreciation Schedule for Horses Should be Made Permanent, Beckett H. Cromwell

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Blue Ain’t Your Color: Kentucky’s Bar to Entry for Lawyers with Mental Health Diagnoses and Disabilities, Hayden T. Crosby

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How the Court’s Response to Mr. Social Security’s Actions Has Impacted Social Security Disability in Administrative Law, Billy J. Devericks II

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Reminder: Same-Sex Marriage is at Risk in Kentucky – and State Courts Probably Can’t Save It, Kathleen Dudgeon

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Jus Soli on U.S. Military Property: Extending Birthright Citizenship to Babies Born to Refugee Mothers Evacuated by the United States Military Following Family Service to the United States, Anne H. Evans Léniz

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ESG Scores and the Investment Industry: Why Should the Ensuring Sound Guidance Act Leave Room for Future Environmental, Social, and Governance Considerations?, Tanner Fisher

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Personal Jurisdiction in Kentucky: Differing Approaches to “Transacting Any Business”, Daniela A. Foltz

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The Cost of Voting is Costing Our Health: How Can Kentucky Do Better?, Haley Campbell Garcia

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“Routine” Is Not Enough: Insurance Coverage for Experimental Cancer Screening Methods, Meghan Goins

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Destabilizing Women’s Equality: Why the Fed Wins and Women Lose as ARPA Funds Expire, Holly Hammons

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Failing Kentucky’s Families: An Appeal to the Kentucky General Assembly to Stop Pontificating and to Start Providing Universal Preschool, Holly Hammons

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Kentucky's Contradictory Treatment of the Testator's Intent when Considering Wills, Jodi Henon

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Increasing Access to Mental Health Treatment: Implications of Wit v. United Behavioral Health for Kentucky’s Healthcare System, Hayden K. Hickey

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“Don’t Put Me in a Box!”: Why Kentucky Should Join the Ban the Box Movement, Jessica D. Hutchings

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Demystifying Telehealth: Navigating the Virtual Care Landscape, Hannah Jelf

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Dropped Charges Satisfy Favorable Termination for Malicious Prosecution, Emily M. Puckett

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Should We Take a Closer Look at the Copyright Implications of Translating Computer Code?, Zachary Dean Russell

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Are Courts Inclined to Use a Natural Resource Law Doctrine to Regulate NFT Illegalities?, Dustyn Sams

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Kentucky Should Join the Majority of States and Restore Voting for all Ex-Convicts., Claire E. Sandberg

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The Decision that Made Judges Historians: How Bruen’s Historical Inquiry Has Left Judges Inconsistent and With “Low” Confidence, Celina Saylor

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Kentucky’s Legalization of Sports Wagering: How the Sports Gambling’s Ties to Horse Tracks Continue to Leave the Horseracing Industry Financially Vulnerable, Ethan Schaaf

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Establishing a Feasible Alternative Design: The Sixth Circuit’s Approach to the Burden of Proof, Kaylee Secor

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Kentucky Parents Should Look to the Courts: Applying Rose and Section 183 to the failure of Jefferson County Buses, Benjamin Skeens

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E-Notice Reasonably Calculated? How Mullane Champions Modern Service of Process Adaptations, Kilian Southworth

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The Dilemma of Judicial Remedies to Non-Compete Agreements, Lillie Stivers

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“Blocking Out the Haters:” Government Officials Create Split Among Federal Judiciary, Andrew Weisgerber

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Senate Bill 5: A Tale of Plausible Deniability, Kara West

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The Hammer and the Chisel: The Tools of the Court and their Effect on Public Opinion, Miles C. White

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Is Age Just a Number?: Judge Newman’s Age and Mental Capacity Questioned and the Necessity of Change in the Judiciary, Lindley Williams

Blog Posts from 2022

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“The future ain’t what it used to be”: Why Major League Baseball’s 1922 Antitrust Exemption No Longer Fits the Modern Game or the Modern Law, Jacob Baird

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Young Americans for Freedom at University of Florida v. The University of Florida Board of Trustees: The Student Government Viewpoint Neutrality Crisis, William K. Baird

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Mental Health Matters: It’s Time for Congress to Update 26 USC § 104(a)(2), Ryan Crum

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What is Insider Trading, and Does It Need Fixing?, Dillon Curtis

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Moving in the Shadows: Creating New Legal Precedent While Avoiding Transparency, Ryan Davis

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Administrative Apprehension: West Virginia v. EPA and Chevron Deference, Kenneth H. Decker

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Plyler v. Doe in Review: The Insecure Future of the Right to Education for the Undocumented Post-Dobbs, Annie Deitz

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The Implications of the 6th Circuit’s Interpretation of the First Step Act, Andrew Edwards

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Have Your Cake and Eat It Too: How Patagonia’s Founder “Gave Away” The Company While Maintaining Control And Avoiding Millions In Taxes, Lauren Eickholz

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The Right to Record: Public Officials, Public Spaces, and Public Interest, David Emerson

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Tax Season is Here! If You Own Bitcoin, The IRS Wants To Know., Amanda Guillen

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The Unfortunate Reality: The Court’s Narrow Application of Common Law Defenses to Contractual Breaches in the Wake of COVID-19 Restrictions, Michael Hallagan

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The Price You Pay to Fit In: Kentucky’s Anti-Hazing Laws, Zoe Jessie

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The Wealth Tax: An Idealistic Impossibility, TJ Kormanis

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What to Expect When You're Expecting Child Support: An Analysis of Kentucky's Revised Child Support Statutes, Will Mathews

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KY House Bill 9: The Death of Public Education in the Commonwealth?, Katherine Morsman

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Mos Maiorum: The Filibuster, Political Question Doctrine, and Judicial Enforcement of Norms, William Pagan

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Siding With the Seventh Circuit: Why Evidence of Battered Woman Syndrome Should Be Admissible to Support Affirmative Duress Defenses, Bailey Pierce

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A Social Fourth Amendment: Why Houseguests Should Not Be Stripped of Constitutional Protection, Ryan Roark

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The American Outdoorsman and the North American Model of Wildlife Conservation and Management, Dustyn Sams

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Deponents, Decedents, and Decisions: Admissibility of Partial Deponent–Decedent Testimony Against Opposing Parties, Abby Schueler

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Protecting Abortion Rights Under the First Amendment, Joshua Shelepak

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The False Claims Act: How Everyday People Can Be Rewarded for Reporting Fraud, Emily Shepard

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No Such Thing as A Child Prostitute: State Lawmakers Need to Enact Safe Harbor Laws to Protect Victims of Child Sex Trafficking, Blair Johnson Stevens

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Fitisemanu v. U.S., Deemed Not “Fit” for Review: A Missed Opportunity to Extend the Citizenship Clause to American Samoans, Tiffanie E. Tagaloa

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Protecting Public Employees’ Free Speech: It’s Time for the 6th Circuit to Take Action, Faith O. Turner

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How Incompetent is Incompetent Enough: Evaluating Death Penalty Mental Incompetence Standards, Alyssa Williams

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“Objective Falsity” in Healthcare Fraud and Abuse, Adriel Wilson

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Security or Suppression: Georgia’s Newest Election Law and Its Public Backlash, Whit Wiman

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Physician-Assisted Suicide: Should you have a Fundamental Right to Control your Own Death?, Kayleigh Wright

Blog Posts from 2021

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The Cost of a Click: Social Media’s Responsibility for Promoting and Facilitating Sex Trafficking, Rachael Beller

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Show ‘Em a Red Card: U.S. Women’s National Soccer Team and Their Fight for Pay Equality, Bailey Browning

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A Silver Lining of COVID-19: Telehealth and the Appalachian Healthcare Landscape, LaShay Byrd

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Forced into Fitness: The Need for the Legal Profession to Update its Mental Health Approach, Kaci Christopher

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Property v. Poverty: Supreme Court Avoids Protecting Tenants from Impending Homelessness as the COVID-19 Pandemic Continues, Holly Couch

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‘Belong Anywhere?’: Addressing Airbnb’s Housing Discrimination Problem, Kendra Craft

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Another Dime in the [Digital] Jukebox: What the Music Modernization Act Means for Artists in the Age of Streaming, Blake Creekmur

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Lex Vegas: A New Frontier of Sports Betting in Kentucky, Robert Dean

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The Chilling Effect of Aggressive Police Responses to Peaceful Protests, Dearon Dixon

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The Conundrum of Racial Epithet Frequency in Employment Discrimination Cases, Taylor Ecleberry

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A Wolf in Sheep’s Clothing: June Medical and the Uncertain Future of Abortion Rights, April Ford

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Unlocking Our Public Lands, Elizabeth Goss

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The Astros Cheated: Calling for the Recognition of a New Flavor of Judicial Standing Following the 2019 World Series, Brady Grove

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A Call to “Detach” from the Strict Interpretation of the Duberstein Standard, Harlee Havens

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Strange Clouds: A Discussion of the Recent EVALI Outbreak and the FDA’s Approach to Regulating the Vaping Industry, Weslen Lakins

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The Equal Rights Amendment: No Expiration Date to Put Women in the Constitution, Jessica Lewis

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NIL’s Not-So-Sleeping Giant: Will Barstool’s Reign be Stopped Before it Begins?, Cole Manion

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Tag, You’re Seized: The Supreme Court Defines 'Seizure'—Now What?, Andrew Moore

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EA Sports: It's in the Game–But is it in the Law?, Olivia Morton

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Toxic: The Difficulties of Removing a Conservator, Emily Penn

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Advice to SCOTUS: Disallow Consideration of Conduct Underlying Acquitted Charges at Sentencing, Sanders Platt