Blog — Kentucky Law Journal

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

In this week's edition of the KLJ Blog, Staff Editor Emily Cecconi reviews a recent Sixth Circuit decision holding that booking photos should be precluded from release under the Freedom of Information Act.

The KLJ BlogCommunications EditorMarch 3, 2017Detroit Free Press v- United States Department of Justice, Emily T- Cecconi, Freedom of Information Act, Mug Shots, privacy

KY Nursing Home Cases Latest Battleground in Arbitration Wars

In this weekend edition of the KLJ blog, Managing Editor Page Smith describes a recent Kentucky Supreme Court holding that agents of nursing home residents acting under a general power of attorney could not sign an arbitration agreement on behalf of their principals without express authorization.

The KLJ BlogCommunications EditorFebruary 26, 2017Agency Law, Arbitration, Binding Arbitration, Contract Law, Elder Care, Extendicare Homes v- Whisman, Federal Arbitration Act, Kentucky Uniform Arbitration Act, nursing home, Page M- Smith

Writing on The Wall: The Enforcement of Stereotypes on the LGBTQ Community

The KLJ BlogCommunications EditorFebruary 21, 2017Baldwin v- Foxx-, civil rights, Equal Employment Opportunity, Kevin Spencer Pierson, LGBTQ, Prowel v- Wise Bus- Forms Inc-, Sex Discrimination, TItle VII

Conflicting Federal and State Laws Lead to Higher Taxes for the Legal Marijuana Market

In this week's edition of the KLJ Blog, Staff Editor Lesley Lawson describes the greater tax burden that the Internal Revenue Code places upon businesses that sell marijuana, even when they do so in compliance with state law.

The KLJ BlogCommunications EditorFebruary 16, 2017Business Taxation, Californians Helping to Alleviate Medical Problems, Jeffrey Edmondson v- Commissioner, Lesley D- Lawson, Marijuana, Tax Law, Tax Planning

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

In today's edition of the KLJ Blog, newly-elected KLJ Editor-in-Chief Jordan Shewmaker discusses the recent case Honeycutt v. United States and the imminent resolution of a circuit split on the conflicting liability standards used by the circuits in interpreting federal criminal forfeiture statutes.

The KLJ BlogCommunications EditorFebruary 12, 2017Conspiracy, Conspiracy Law, Criminal Forfeiture, Honeycutt v- United States, Joint and Several Liability, Joint Liability, Jordan T- Shewmaker, Judge Amul R- Thapar, Racketeer Influenced and Corrupt Organizations Act, RICO, sixth circuit

Who Stands with Standing Rock?

In this week's KLJ Blog, Staff Editor Sarah Quarles makes her case for supporting the Standing Rock Sioux Tribe of North and South Dakota in their protest against the Dakota Access Pipeline.

The KLJ BlogCommunications EditorFebruary 6, 2017Dakota Access Pipeline, Executive Order, Native Americans, North Dakota, Protests, Sarah A- Quarles, Sioux Tribe, Standing Rock Indian Reservation

The North American Free Trade Agreement and Its Fate

In this edition of the KLJO Blog, Staff Editor Alexander Risman describes the troublesome constitutional issues relating to President Trump's attempts to back the United States out of the North American Free Trade Agreement.

The KLJ BlogCommunications EditorJanuary 29, 2017Alexander H- Risman, Free Trade, NAFTA, OTCA, Separation of Powers, Tarriffs

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

In today's edition of the KLJ Blog, Staff Editor Linsey K. Hogg describes the Fourth Amendment implications of warrantless cell phone location tracking and its treatment among the circuits.

The KLJ Blog, UncategorizedCommunications EditorJanuary 20, 2017Cell Phones, Circuit Split, Fourth Amendment, Internet Privacy, Linsey K- Hogg, Privacy Law, Tracking, United States v- Caraballo

Protecting Non-Native English Speakers from Self-Incrimination

In today's edition of the KLJ Blog, Staff Editor Nathan R. Hardymon describes the problem that arises when police officers who do not speak Spanish attempt to give Spanish-speaking detainees their Miranda warnings.

The KLJ BlogCommunications EditorNovember 19, 2016Discrimination, Miranda Rights, Nathan R- Hardymon, Ninth Circuit, Spanish Language, United States v- Bustillos-Munoz

Special Needs Students Deserve More Than “Some Benefit” in Education

In this week's edition of the KLJ Blog, Staff Editor Christopher Johnson discusses an upcoming Supreme Court case that will decide the quantum of educational benefits that must be provided to students with learning disabilities.

The KLJ BlogCommunications EditorNovember 11, 2016Attention Deficit Disorder, Autism, Christopher D- Johnson, Disability Benefits, Special Needs Education

Is Fighting ISIS Unconstitutional?

In today's edition of the KLJ Blog, staff editor Lydia Curtz describes the uncertain constitutionality of the continued conflict against Islamic State.

The KLJ BlogCommunications EditorNovember 7, 2016Constitutional Law, ISIL, ISIS, Islamic State, Lydia Curtz, Operation Inherent Resolve, Separation of Powers, Terrorism, War Powers Resolution

Don’t Burn Your House Down to Roast the Pig: Why Your Ballot-Selfies and Yard Signs Aren’t Breaking Any Laws

In this election season edition of the KLJ Blog, Staff Editor Rachel Taylor describes two recent cases striking down bans on ballot selfies and political yard signs as unconstitutional infringements on free speech.

The KLJ BlogCommunications EditorNovember 5, 2016Ballot Selfies, election law, first amendment, free speech, Political Speech, Political Yard Signs, Rachel Taylor, Rideout v- Gardner, Snapchat

Kentucky: The Best State to Claim Residency for Animal Abusers

In this week's edition of the KLJ Blog, Staff Editor Gabrielle Fulton compares the animal abuse laws of Illinois and Kentucky.

The KLJ BlogCommunications EditorOctober 29, 2016Animal Abuse, Animal Legal Defense Fund, animal rights, Gabrielle Fulton, Illinois, Kentucky

A Problem with a Picasso: Common Issues Involved in Nazi-Era Art Claims

In today's KLJ blog, Staff Editor Victoria K. Boland describes legal avenues for property recovery in the context of conflicts between art museums and the descendants of Nazi spoliation victims.

The KLJ BlogCommunications EditorOctober 17, 2016Metropolitan Museum of Art, Nazi Spoliation, Paul Leffman, Picasso, Property Law, restitution, The Actor, The Met, Victoria K- Boland, World War II

EMV Chip Cards: Who is Really Benefiting?

In this week's edition of the KLJO blog, Staff Editor Christopher M. Barber describes the troubled advent of EMV chip-enabled credit cards and the contractually-enforced shift of fraud liability onto merchants that refuse to embrace the chip.

The KLJ BlogCommunications EditorOctober 14, 2016Christopher M- Barber, Credit Cards, EMV Chips, EMVCo, Liability Shift, MasterCard, Mercantile Law, Payment Systems, Visa

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

In this week's edition of the Kentucky Law Journal Blog, Staff Editor Katelyn Brown describes the historical implications of a recent unpublished Tax Court opinion finding that a filer could validly plead the Fifth Amendment to withhold the source of illegal income reported in his tax returns.

The KLJ BlogCommunications EditorOctober 7, 2016Al Capone, fifth amendment, Katelyn Brown, Tax Court, Tax Fraud, Youssefzadeh v- Commissioner

A Salman Swimming Downstream: Salman v. United States and Remote Tippee Liability

In today's edition of the Kentucky Law Journal Online, KLJ Articles Editor Cody S. Barnett describes the history of the Supreme Court's interpretation of the infamous SEC Rule 10b-5 in light of the upcoming insider trading case, Salmon v. United States.

The KLJ BlogCommunications EditorSeptember 30, 2016Cody S- Barnett, Insider Trading, Martha Stewart, Martin Shkreli, Rule 10b-5, SEC, Securities Fraud, United States v- Salman

Merrick Garland and the Greatest Justices That Never Were

In this season-opening blog post for the Kentucky Law Journal Online, staff editor Brandon Magner offers some historical perspective on the beleaguered Supreme Court nomination of D.C. Circuit Judge Merrick Garland.

The KLJ BlogCommunications EditorSeptember 26, 2016Brandon Magner, Current Events, Judicial Nomination, Merrick Garland, Supreme Court Nomination, United States Supreme Court

Ex Parte Communications with Treating Physicians and Caldwell v. Chauvin

In this week's edition of the Kentucky Law Journal Online, staff editor Benjamin Harris discusses a recent Kentucky Supreme Court decision allowing counsel in a medical malpractice suit to initiate ex parte contact with physicians who are treating the opposition.

The KLJ BlogCommunications EditorJune 6, 2016Benjamin T- Harris, Caldwell v- Chauvin, Ex Parte Communications, HIPAA, Kentucky Supreme Court, Medical Malpractice, Pretrial Practice

A Dangerous Alternative to Opiates or a Potential Treatment for Heroin? Kratom Debated

In this week’s edition of the Kentucky Law Journal Online, Online Content Editor Mary Ann Lee discusses the legal status of the drug Kratom and its potential use as a treatment for drug addiction.

The KLJ BlogCommunications EditorMay 24, 2016DEA, Drug Abuse, Drug Enforcement Agency, Drug Legislation, Drug Research, heroin, Kratom, Mary Ann Lee, Opioids