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 2020

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Casting Lumos on Protections for Defendants in the Wizarding World, Erica Ashton

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Tale of the Tape: the NFL’s Copyright Claim to the Only Known Super Bowl I Recording, Cameron Baskett

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A Never Ending Debt to Society: Florida Voters' Attempt to Re-Enfranchise Felons, Derailed, Molly Crain

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What is Executive Privilege? Can Trump Invoke it to Block Bolton’s Testimony?, Satchell Fowler

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A Different Battle Over the Border: Concerns Over New DNA Collection Program, Kami Griffith

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Supreme Court Denies Cert, Allows State Double Taxation on Foreign Income, Ellen Hancock

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Justice Ruth Bader Ginsburg's Career Long Fight for Gender Equality, Brannan Herrington

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Kentucky Business Closures Help “Flatten the Curve,” But Are They Constitutional?, Robert Hudson

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Federal Judge Reverses Course on LIBERTAD Act Claim, Aaron Johnson

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From 1973 to Today: The Risks of Funding Public Education by the Property Tax, Morgan King

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Holla, “We Want Prenup!” . . . But Preferably If It Is Before December 31, 2018, Noah Lewis

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Recount: A Tale of Kentucky's Gubernatorial Election, Zac Losey

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The Legalities of Leap Day: A Survey of Modern and Historical Jurisprudence, Sean Meloney

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The Dark Side of “Going Viral”: Can You Still Sue for Defamation, Hannah Oates

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Keeping Up With Copyright Infringement: Fast Fashion’s Modern Takeover, Catherine Potter

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Kentucky Must Pony Up to the 21st Century: The Path Towards Sports Betting in the Bluegrass State is Worth the Gamble, Michael Simon

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Chapter 11 Bankruptcy: The Get Out of Jail Free Card for Big Pharma That May Not Work, Scarlett Sloane

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Sanctity in the Sanctuaries (?): Legal Implications of “Second Amendment Sanctuary” Resolutions in Kentucky, Austin Sprinkles

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Neither Toothless Nor Rigid: Kentucky’s Nondelegation Doctrine as Applied to Governor Beshear’s Emergency Response to COVID-19, JP Stilz

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To Defend or Not to Defend: Commercial General Liability (CGL) Insurers at the Center of Opioid Litigation, Clay Thornton

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Google v. Oracle: Issues & Analysis, Adam Weiland

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A Stranger to the Action: Third Party Litigation Financing, Lili Williams

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Restorative Justice: Unique Challenges for Rural Communities, Seth Woods

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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FERC’s Role in Bankruptcy, Barrett Block

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Happy Halloween: A Litigation Nightmare?, Madeline S. Cain

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Blood is Thicker than Water: Adapting Bloodline Citizenship to the Modern Age, H. S. Collier Clay

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Taggart: an (Old) New Standard for Civil Contempt in Bankruptcy Court, B. Gammon Fain

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You can Bet on It, Christian Farmer

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NCAA Takes Small Step in Long Process Towards Allowing Student-Athletes to Profit from Name, Image and Likeness Rights, Jameson Gay

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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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Not All Fun and Logic Games: The LSAT’s Attempt to Ensure Inclusivity through Reformation, Paige Goins

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A Set-Back for Adidas in Trademark Expansion, John Brady Hagen

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Hallelujah! We Have Waited 30 Years for Stark and AKS Reform. Sadly, it Still Is Not Enough, Brenton Hill

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When Immigrants are Safe, We are All Safe, Marianna C. Januario

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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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The Curious Case of Singular They, Sarah Laytham

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Turning the Tide: Big Pharma Willing to Settle, Allie McNamara

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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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Making an ImPACT: Congressmen Work to Revamp Decade Old Federal Animal Rights Legislation to Offer New Protections, Mary Elizabeth Morey

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California Shaking Up the Gig Economy: Should Uber and Lyft be Worried?, Cameron F. Myers

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Saving the Earth One Suit at a Time: Juliana and Atmospheric Trust Litigation, Lesley Nash

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Kaestner: Applying a Minimum Connections Test to State Taxation of Trusts, J. Conner Niceley

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Proving a Point or Paving the Way: Will Taylor Swift Rerecording Her Masters Bring Needed Change to the Music Industry’s Unconscionable Contracting?, Ellen Ray

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

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Apple, Angry Birds, and Antitrust: The Direct Purchasing Requirement’s Survival, Jacob Sherman

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“Finder’s Keepers” OR “Theft by Finding”, Dalton Stanley

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A Whole New Kind of Ghostwriting, Austin Stevenson

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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