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
Gregory’s Note argues that Kentucky must substantially reform its bifurcated cottage food regulatory framework to unlock the full economic, environmental, and public health benefits of local food production. Situating the issue within pandemic-era supply chain disruptions and rising food insecurity, the piece contends that Kentucky’s current system—distinguishing between home-based processors and home-based microprocessors—imposes unnecessary product limitations, sales restrictions, and certification burdens that suppress local enterprise without meaningfully advancing food safety. Gregory argues that the state’s narrow list of approved foods, direct-to-consumer constraints, annual certification requirements, and $60,000 sales cap collectively undermine food security, rural economic development, and environmental sustainability. To remedy these shortcomings, the Note proposes a series of targeted reforms: expanding the range of permissible foods (including shelf-stable, acidified, refrigerated, and fermented products), broadening permissible sales channels to include restaurants, schools, and online platforms, eliminating the sales cap, and easing recurring certification costs. By recalibrating its regulatory approach to better balance safety with economic freedom, Kentucky can strengthen local food systems and align its cottage food laws with contemporary economic and public health realities.
University Kentucky J. David Rosenberg College of Law student, Bradley Simpson, argues that the Major Questions Doctrine, notwithstanding its interpretive flaws, strikes an appealing balance between two extremes: an administrative state incapable of acting versus an administrative state left unchecked.
University Kentucky J. David Rosenberg College of Law student, John Simms, argues that car dealerships routinely and lawfully exploit consumers by secretly marking up interest rates in indirect auto financing, a practice that remains undisclosed despite imposing significant financial harm—especially on subprime and marginalized borrowers. It concludes that existing legal justifications for nondisclosure are outdated and flawed, and calls for regulatory reform requiring dealers to disclose interest rate markups to restore transparency, bargaining power, and consumer protection.
Helmuth’s piece argues that the Trump Administration’s proposed dismantling of FEMA and retreat from federal disaster preparedness represents a fundamental misreading of the causes of past emergency management failures. By shifting responsibility for disaster response and mitigation onto the states through executive action and funding cuts, the administration threatens to undermine economies of scale, institutional expertise, and cooperative federalism that have long defined effective disaster response. Because Kentucky is both resource-constrained and among the most disaster-prone states in the nation, Helmuth contends that these policies would leave the Commonwealth uniquely vulnerable to increasingly frequent and severe climate-driven disasters, exposing the dangers of replacing federal coordination with fragmented, state-level systems.
Whitridge’s piece argues that the Food and Drug Administration must adopt a proactive regulatory framework for menstrual tampons in light of emerging evidence of heavy-metal contamination. Prompted by a recent UC-Berkeley study detecting lead and other metals in widely used tampon brands, the Note contends that the FDA’s current § 510(k) “substantial equivalence” pathway is ill-suited for identifying modern chemical risks. Whitridge argues that tampons’ classification as Class II medical devices, combined with outdated guidance, leaves consumers vulnerable to untested contaminants. To remedy this gap, the piece urges the adoption of a forward-looking regulatory scheme—one that mandates routine testing, disclosure, and comprehensive risk assessments—to better safeguard public health and align FDA oversight with contemporary scientific realities.
Schaeffer’s piece argues that Kentucky should adopt a statutory scheme to facilitate the development of small modular reactors (SMRs) similar to the one recently promulgated by the Virginia legislature. SMRs are advanced nuclear fission reactors that are smaller than traditional nuclear power plants. Their scale and modular nature makes them especially optimal for efficiency. With the proliferation of Kentucky's industrial sector, SMRs will play a crucial role in providing cost-effective electricity which will maximize Kentucky's economic output.
Student Blogs
Public agencies across the Commonwealth are rapidly adopting generative AI, necessitating consideration of internal policies to address its use. However, as a recent Kentucky Attorney General Opinion shows, a carefully crafted policy may allow these agencies to shield their AI usage from the general public. Kentucky public agencies and their policymakers should consider the decision’s impact on their Kentucky Open Records Act obligations. KLJ Volume 114, Staff Editor, Nathan Brummett argues that agencies that follow the guidance of the Kentucky Open Records Act can place themselves on the forefront of AI usage in public agencies while still ensuring they remain compliant with the spirit of the Act.
An effective process to discharge federal student loan debt in bankruptcy was created in guidance published by the Department of Justice (“DOJ”) to its attorneys in 2022. Yet, despite a growing number of student loan borrowers falling irretrievably into arrears, many continue to view student loans as practically non-dischargeable. Kentucky practitioners who represent consumers in bankruptcy should familiarize themselves with the DOJ’s process for discharging student loan debt. KLJ Volume 114, Staff Editor, Jon E.B. McGee argues Kentucky practitioners should consider all alternatives for their clients burdened by student debt.
Kentucky has a regrettable history of providing inadequate protection to the animals that call the Bluegrass home. While the Commonwealth has made considerable improvements to its animal protection laws in recent years, it is essential the legislature continues to close the large gaps that exist, because Kentucky’s animals deserve more than the bare minimum. KLJ Volume 114, Staff Editor, Julia Wattenbarger advocates for increasing animal protection legislation in the Commonwealth.
Nearly all of the world’s bourbon is produced in the Commonwealth, with the aging barrels outnumbering the local residents. Until recently, Kentucky was the only state to place a tax on those aging barrels, turning the state’s signature industry into a significant tax revenue source that funded state and local governments. Yet, in 2023, the Kentucky General Assembly voted to phase out the tax on aging barrels. KLJ Vol. 114 Staff Editor Ashley Peal adds insight as to how this phase out will impact key stakeholders in the Commonwealth.
In the United States, electronic cigarette usage is rising and represents “the most commonly used tobacco product” plaguing the youth population. In the Commonwealth, this problem is of particular concern as Kentucky has the second highest rate of e-cigarette use in the nation. KLJ Vol. 114 Staff Editor Lilly Stephens proposes a solution to the crisis by calling on the Commonwealth’s legislature to continue increasing the state tax on all sales of vapor products.
