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 2019

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Is the Second Time the Charm? The Ongoing Medicaid Battle in Kentucky, Megan B. Barker

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Shauna’s Law: Will It Be the First of Its Kind?, Alicia Gilbert

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Workin’ for a Livin’: The Blurred Line Between Employees and Independent Contractors Has Taken Another Hit in the World of Ride-Sharing, Kyle A. Girouard

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Marsy’s Law: It Persuaded Voters, But Will It Persuade the Kentucky Supreme Court?, Ameena R. Khan

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The Healthcare Industry Wants to Know What Amazon, Berkshire, and JPMorgan Are Up To: Could Optum Inc. v. Smith Provide Answers?, William B. Kilgore

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Kentucky’s New Presumption For Joint Custody and Equal Parenting Time Kentucky’s New Presumption For Joint Custody and Equal Parenting Time, Amanda K. Krugler

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Is Texas v. United States “Great News for America” or Yet Another Procedural Skirmish in the Battle for “Obamacare?”, Aaron Wallace Meek

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#MeToo and Minarsky: The Evolution of the Faragher-Ellerth Affirmative Defense, S. Patrick Riley

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Knick v. Township of Scott: “Taking” Away the Williamson County Doctrine, R. Austin Stevenson

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State Tax Law and the New Economy: a KLJ Symposium Topic Covered by Adam Thimmesch, Brittany Warford

Blog Posts from 2018

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Kentucky Supreme Court: Determining the Constitutionality of GOP-crafted Pension Bill, Summer R. Bablitz

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Unlike the Nosy Neighbor: Digital Privacy in the Modern Age, Drew M. Baldwin

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Transgender Service Members & Decision Making Deference to the United States Military, Annie R. Barry

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Medical Review Panels: Solving the Malpractice Crisis or Blocking the Courthouse Doors?, Emily J. Bertram

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Don’t Hate the Players (Nor the Haters), Hate the Game: A “Swift” Dismissal in Copyright Law and the Banalities of Lyricism, Mark Edward Blankenship Jr.

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Prince & the Revolution of Transformative Use: Observing “New Portraits” Alongside the Potential Specter of Appropriation Art’s Past, Mark Edward Blankenship Jr.

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Bagging the Public Domain: Trade Dress in Steven Madden, Ltd. v. Jasmin Larian, LLC, Barrett Block

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Kentucky Legislature Needs to Get Ahead of Juvenile Solitary Confinement, Patrick Brennan

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The Role of Businesses in Reducing Recidivism in Ex-Offenders, Kelsey Bryant

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Conspiracy: What Does “Knowingly” Mean?, Jamila Malaika Carter

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Kentucky Criminal Justice Reform Amidst the Opioid Epidemic, Chelise L. Conn Greer

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Sales Tax in a Brave New World: A Brief Look at South Dakota v. Wayfair, Inc., Bethany Davenport

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Victims of Progress: The Tort Liability and Economic Ramifications of Autonomous Vehicles, Nicholas J. Davis

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Protect the Jury or Eliminate Racial Bias? How to Proceed After Peña-Rodriguez, Spencer Eastwood

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Identifying Proceeds with Blockchain: A Solution to the UCC § 9-315(a) Problem of Proof, Brittany J. Foster

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Federal Tax Reform: Burgeoning The Bottom Line for the Bourbon Industry, William T. Gilbert

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Public Safety, Panhandling, and Protecting Free Speech, Julie J. Greenlee

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Black Lung on the Rise: A Call for Greater Protection of Miners, Tyler E. Greer

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The Benefits of Arbitration with Entities in Financial and Political Distress: ConocoPhillips and Venezuela, J. Brady Hagan

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As Justice Should be Blind, So Should We: Analyzing the Federal Judicial Center’s Reports on Cameras in the Courtroom and an Argument in Favor of Keeping Cameras Out of the Supreme Court, Justin Austin Hatfield

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Opioid Litigation: Can We Put a Price on Addiction?, Alexandra N. Henning

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To Kneel or Not to Kneel: A Balancing Act of First Amendment Rights, Chynna Breann Hibbitts

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An Endless Appeal: What Were Ezekiel Elliott and the National Football League Fighting About Anyway?, Michael E. Hooper Jr.

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DACA in 2018: Renewals Continue, but the Legality of the Program is Still up in the Air, Marianna C. Januario

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Improving Landlord-Tenant Relations in Kentucky Through the URLA, Micah Johnson

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Congratulations to Volume 107 Staff!, Kentucky Law Journal

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The Seventh Circuit: Expanding Protections for LGBT Individuals in Title VII and Title IX Discrimination Cases, Akesha Kirkpatrick

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Extravagances of Thought and Expression: Rehabilitating Obergefell v. Hodges and the Symbiotic Relationship Between Writing and Legal Theory, Sarah Laytham

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#CleanedUp, Joseph T. McClure

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American Asylum: How the Policy of Turning Away Asylum Seekers Violates National and International Law, Lesley Nash

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Due Process and Social Security: One Thread to Ponder Before Oral Argument in Biestek v. Berryhill, Alexander Alberto Pabon

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Barring the Cemetery Gate May Push More to the Federal Courthouse Door: Supremes Set to Revisit Ripeness Doctrine for Takings Claims, Mat Payne

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Drug Quantities in a Conspiracy: What Counts?, Claire Profilet

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Could Fleetwood Mac Be Liable for Lindsey Buckingham Going His Own Way?, Rowan L. Reid

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Partisan Gerrymandering: A Consideration for State Legislatures, Not the Supreme Court, Stephanie Renzelman

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The Antiquities Act has a Modern Impact: The Downsizing of Two National Monuments could have Lasting Consequences on Public Federal Lands, Shannon Rutherford

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A Brief History of Pre-Obergefell Same-Sex Estate Planning: Adult Partner Adoption, Kyle S. Schroader

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Securities Fraud or Elon being Elon? The Forty Million Dollar Tweet, Richard K. Simpson

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To Kill a Bearded Seal: Should the NMFS be able to preemptively list a species as threatened under the ESA?, Madison Stewart

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The Death Penalty in Kentucky: Is it Worth the Cost?, Rachele Taylor Yohe

Blog Posts from 2017

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How Old Are You? IMDB’s Free-Speech Battle Against a California Statute Begins, J. Austin Anderson

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Could Louisville be Liable for Rick Pitino’s Entire Coaching Contract?, Jacob M. Bartlett

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Should Judges Swipe Left on Social Media?, William J. Berker II

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The Governor Giveth, and the Governor Taketh Away: The Authority of the Kentucky Governor to Restore Voting Rights for Ex-offenders, Matthew I. Boggs

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The Aftermath of Osborne v. Keeney: The Extent of Damages Recoverable for Pre-Accident Fright, Abbie Carrico

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Mug Shots and the FOIA: Weighing the Public’s Interest in Disclosure Against the Individual’s Right to Privacy in the age of the Internet, Emily T. Cecconi

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The Legacy of Bears Ears National Monument and the Antiquities Act Under the Trump Administration, Alex Clay

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The Curious Disconnect Between the Rhyme and Reason of TC Heartland, Abby Clerk

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When Fundamental Rights Collide: The Legal Conflicts Within and Surrounding Masterpiece Cakeshop, Justin Cloyd

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Conservation Easements: Is it “In Perpetuity” or “Close Enough”?, Bethany Davenport

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“Blue Lives Matter” Laws: The Extension of Hate Crime Statutes to Include Law Enforcement, Spencer K. Gray

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Educating a “Work Ready” Kentucky: A Closer Look at the Impact of Free Community College Legislation in Kentucky, Bennett P. Greene

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Tinkering with Students’ First Amendment Rights in the Age of Cyber-bullying, Jennifer L. Henry

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Fourth Amendment Privacy Issues: Moving Away from the Historical Practice of Viewing “Reasonable Expectation of Privacy” as a Binary Question, Linsey K. Hogg

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Profiting off Near Fatalities: Mylan Inc.’s EpiPen Price-Gouge, Samuel L. Hoops

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Conflicting Federal and State Laws Lead to Higher Taxes for the Legal Marijuana Market, Lesley D. Lawson

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Social Media: Will Bevin Be Sliced by a Double-edged Sword?, Timothy Lovett

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Beached Whale: The Supreme Court’s Sad Suffocation of Public-Sector Unions, Brandon R. Magner

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The United States Estate Tax: Demonized by the Public on Behalf of the Few, Sadie R. McCorkle

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Eliminating the Chase: Fourth Amendment Implications of Warrantless Use of Cell-Site Simulators to Search for Criminal Offenders, Katie A. Monin

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Are Administrative Law Judges Unconstitutionally Appointed?, Roger K. Morris

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The Never Ending Traffic Stop: Why Informing Citizens of Completion is Necessary, Madeline Moss

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The Free Will Distinction Between Self-Defense & the Necessity Defense, Dustin Nelson

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Writing on The Wall: The Enforcement of Stereotypes on the LGBTQ Community, Kevin Spencer Pierson

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Google, Inc.: The Death of a Trademark?, Nicole E. Pottinger

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Who Stands with Standing Rock?, Sarah A. Quarles

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The North American Free Trade Agreement and Its Fate, Alexander H. Risman

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Joint and Several Liability Among Co–Conspirators in Drug Conspiracies: A Sweet Forfeiture Deal for the United States Could Turn Bitter in Honeycutt v. United States, Jordan T. Shewmaker

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KY Nursing Home Cases Latest Battleground in Arbitration Wars, Page M. Smith

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Lexmark Challenge to Patent Exhaustion Could Largely Disrupt Intellectual Property Precedent, Caroline M. Snell

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Whitford v. Gill: Has Partisan Redistricting Finally Gone Too Far?, Drew Watkins

Blog Posts from 2016

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EMV Chip Cards: Who is Really Benefiting?, Christopher M. Barber

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A Salman Swimming Downstream: Salman v. United States and Remote Tippee Liability, Cody S. Barnett

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Raiders of the Lost Art: Property Rights and Lost Nazi Treasure, Cody S. Barnett

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A Problem with a Picasso: Common Issues Involved in Nazi-Era Art Claims, Victoria K. Boland

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Fifth Amendment Tax Returns: How Al Capone Could Have Avoided Alcatraz, Katelyn Brown

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Valuing Fido, Devon P. Cobb

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Bringing Mary Jane to the Bluegrass: Implications of Medical Marijuana Legalization for Kentucky, Catherine L. Coldiron

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Is Fighting ISIS Unconstitutional?, Lydia Curtz

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Fair Pay for Great Play, Parker DeAgano

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No More Bloody Taxes: Growing Opposition to the “Tampon Tax”, Victoria Dickson

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Jiggery Pokery: What the Constitution Says about Selecting Justice Scalia’s Replacement, and What Republicans and Democrats Should be Saying Instead, Kevin Nathaniel Troy Fowler

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Kentucky: The Best State to Claim Residency for Animal Abusers, Gabrielle Fulton

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Miss Kentucky USA v. The Madam, Colton Givens

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You’re Not the Boss of Me: The Misclassification of Workers in the On-Demand Economy, Lindsey Hale

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Protecting Non-Native English Speakers from Self-Incrimination, Nathan R. Hardymon

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Ex Parte Communications with Treating Physicians and Caldwell v. Chauvin, Benjamin T. Harris

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Special Needs Students Deserve More Than “Some Benefit” in Education, Christopher D. Johnson

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No WASPs Allowed: The Strict Regulations of Arlington National Cemetery, Olivia Keller

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The Evidence that Did Make a Murderer, Vernon Ray Leach Jr.