Kentucky Law Journal
Founded in 1913, the Kentucky Law Journal is the national’s tenth-oldest continually published law review. We publish four print issues each year, plus timely scholarship online.
Edited by students with guidance from a faculty advisor, KLJ features work from leading scholars and original student work on a wide range of legal topics. Our mission is to advance legal thought, train the next generation of attorneys, and spark meaningful debate.
Online Originals
University of Kentucky J. David Rosenberg College of Law Student, Emma P. Collins, argues for a return to the Sherbert balancing test for free exercise claims in response to the burden Indigenous religions face in trying to protect their constitutional right to freely exercise their religion.
University of Kentucky J. David Rosenberg College of Law Student, Katherine Nipper, proposes an enforcement mechanism for the Supreme Court of the United States’ Code of Conduct, and uses state models as a basis for the proposal.
University of Kentucky J. David Rosenberg College of Law Student, Matthew B. Chaney, argues that the use of eminent domain under the Fifth Amendment’s Takings Clause provides a viable legal mechanism for revitalizing Central Appalachia. The note proposes that through eminent domain, state and local governments should condemn underutilized land in order to promote public-oriented redevelopment and address longstanding economic injustice in the region.
University of Kentucky J. David Rosenberg College of Law student, John T. Lambert, calls for abolition of the nullity rule after examining the circuit split between the Eighth Circuit in Jones ex rel. Jones v. Correctional Medical Services and the Eleventh Circuit’s decision in Ireiele v. Griffin.
University of Kentucky J. David Rosenberg College of Law student, Tori Harris, proposes a new––less expensive and more streamlined––subchapter designed to be effective for those with low income or small debts.
Student Blogs
Many of the victims’ rights frameworks—whether through state constitutional amendments or statutes—include the right for the victim to be present throughout the trial, which has potential implications on witness sequestration rules should a victim be called as a witness. As the victims’ rights movement continues to achieve success through state advocacy, the tension between the rights of defendants versus the rights of victims will continue to be hotly contested. One of the most interesting tensions in these debates—a defendant’s right to a fair trial versus a victim’s right to attend a trial despite serving as a witness—requires thoughtful analysis as to its potential implications in the criminal justice system, for both defendants and victims alike.
Every four years in Kentucky each county elects their own jailer. As time has passed, and budgets have tightened, jails all over Kentucky have closed their doors. Now, Kentucky has forty-three counties without jails, but with elected jailers. KLJ Volume 114, Staff Editor, Mallie Cornett explains the significance and effects of “no-jail” jailers on Kentucky’s taxpayers.
Kentucky has the highest rate of new lung cancer rates in the nation. While smoking is often cited as the primary explanation for the Commonwealth’s high lung cancer rates, it is not the whole story. An invisible killer, radon, is the second leading cause of lung cancer in the United States and the leading cause among nonsmokers. Kentucky naturally has one of the highest average radon levels in the country due to the state’s geological makeup, and given this enhanced rate of radon, Kentucky has strong reason to adopt preventative measures in construction techniques to help defeat this invisible killer.
Vehicle towing often leaves the public exposed to predatory practices. Given the towing industry’s rapid expansion, its role in the seizure of personal property, and an increase in predatory towing claims, U.S. citizens are placed in an increasingly vulnerable position. While state-level towing protections vary significantly across the country, citizens can capitalize on the Fourth Amendment's protections to combat predatory towing practices. The problem, however, is that the scope of this constitutional protection is indeterminate in the face of a growing circuit split.
The average patron who walks into a Kentucky racetrack might expect extravagant outfits, mint juleps, and rows of live thoroughbreds charging down the track. That traditional image still exists. Yet, it is no longer the only defining feature of Kentucky’s racing landscape. Walk into the Red Mile in Lexington on a typical day, and the most prominent form of wagering is not on live racing, but on a large gaming floor filled with electronic terminals. The rise of Historical Horse Racing machines illustrates a broader feature of modern gambling regulation: Whether a new wagering technology is permissible often turns less on how it functions and more on how the law chooses to define it.