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 2025

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Sowing Tax Incentives: How Farmers Can Harvest Tax Benefits in Response to Codified Changes, Mitchell Barber

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Prison Wages: A Violation of the Eighth Amendment, Hannah Carroll

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Healthy or Heartless: Food Stamp Reform in the United States, Matthew Chaney

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The Solution to Kentucky’s Housing Crisis Starts at Home? Local Zoning Should Promote Progress, Not Prevent It, Will Cox

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TikTok Ban: Effects on Individuals and Society in the Absence of the App, Grace Denton

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No One Mourns the Mid-Majors: Can Mid-Major Schools Survive Under the House v. NCAA Settlement Agreement, or is College Athletics Destined to Downsize?, Matthew Givens

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From Amateurism to Employment: The Changing Landscape of College Athletics, Brandon Gonzalez-Jimenez

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Trial by TikTok: Social Media’s Attack on Juror Impartiality, Preston Goodman

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No Days Like Snow Days: Kentucky’s Proposed Ban on Non-Traditional Instruction Days, Dalton Gregory

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Kentucky Should Reconsider Funding Ibogaine Research, Lucas Hall

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Constitutional Crisis: The Need for a Creative Solution for the Overworked and Underfunded Public Defenders, Tori Harris

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McConnell’s Acquittal of Trump: Can an Impeached Former President Be Tried in the Senate?, Will Haydon

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Is this the S.T.A.R.T. of the End? A Reflection on the Looming Deadline of the Last Remaining Nuclear Arms Agreement between the United States and Russia., Harper Johnson

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As Simple as Quantum Physics! The Future of Post-Quantum Cryptography in the Absence of a Comprehensive Federal Data Privacy Framework, Bridget Lienau

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Ames v. Ohio Department of Youth Services: The Likely End of the “Extra Burden” in Reverse Discrimination Claims, Amanda Lindsey

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How Does One Get a Preliminary Injunction in Federal Court Now?: Even SCOTUS is Confused, Basil McCoy

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Rewinding the VPPA: Circuits Split Over Who Counts as a Consumer in the Digital Age, Azia Meeks

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The Wilting Rose: How Kentucky Students are Advocating for Education Reform in the Commonwealth, Katie Nipper

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Homelessness in Kentucky After Grants Pass, Casey Parker-Bell

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Unreasonable Behavior or Unreasonable Results: The Seventh Circuit’s Approach to Deliberate Indifference and Its Implications, Austin Phillips

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Impounding, Expounding, and a Resounding “No”: The President’s Power of Impoundment, Elijah Raymond

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Mapping by Lot: The Principles of Sortition and Sequestration in Redistricting, Garrett Sams

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The Future of Nuclear Energy in Kentucky, Ben Schaeffer

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A Consent Decree without a Court: Concerns Over Louisville’s Local Police Reform, Caroline Shackleton

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Sculpting the Credit CARD Act into a Car Act: How the FTC Should Fight Back Against the Negative Equity Epidemic Debilitating Car Buyers, John Simms

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The Eight-Year War: The Fate of Charter Schools in the Hands of Seven, Will Smiley

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Recovery and Religion: Refining Casey’s Law to Protect Religious Freedom, Allie Viney

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Killer Robots: Autonomous Weapons Systems and the Law of Armed Conflict, Conor Washburn

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Women’s Health Education in Schools, Leigha Whitridge

Blog Posts from 2024

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How Moehrl v. National Association of Realtors Increases Transaction Costs for the Potential Homebuyer, Brooke Allison

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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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When Tragedy Strikes: Should Parents Be Held Criminally Responsible for Their Child's School Shooting?, Nathan Clark

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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 TikTok Paradox: The App’s Increasing Relevance and Controversy in the Face of the 2024 Presidential Election, Riley Fort

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Administration At Odds: Why OSHA Standards May Be Impractical for Construction Workers Compensated on a Piece Rate Basis, Hector Gagnet

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Driven to Debate: House Bill 7 and the Potential Consequences of Fully Autonomous Vehicles on Public Roads in Kentucky and on a National Scale, Claire Gussler

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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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Long Live Tax Exceptionalism? - The Impact of Loper Bright I.R.C. § 7805, Alex Heaton

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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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The Cyclical Peril of Aggressive Tariff Strategies, Michael Kern

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Completing the Interstate Journey in Cyberspace: Dark Kitchens, Meal Delivery Drivers, and the Federal Arbitration Act, John Lambert

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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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The Tenth Amendment’s Check on Proposed Immigration Policy, Benjamin Scott

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Elephants and Mouseholes, Loper Bright, and Democracy: Is the Supreme Court’s Assault on the Administrative State Anti-Democratic?, Bradley Simpson

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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

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A New Deal for Dealerships: How a New FTC Rule Could Change the Way Americans Purchase Vehicles, Joshua Wetzel

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Should Kentucky Extend the Loss of Consortium Claim to an Adult Child for the Wrongful Death of a Parent?, Ben Whatley

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