Blog — Kentucky Law Journal

Posts in The KLJ Blog

The Aftermath of Osborne v. Keeney: The Extent of Damages Recoverable for Pre-Accident Fright

In this edition of the KLJ Blog, Staff Editor Abbie Carrico reflects on the holding issued by the Kentucky Supreme Court in Osborne v. Keeney, and urges courts to be cautious not to award plaintiffs pre-accident fright damages where sufficient objective evidence is not provided.

The KLJ BlogCommunications EditorNovember 8, 2017Abbie Carrico, Damages, Emotional Distress, Kentucky Supreme Court, Osborne v- Keeney, Pre-Accident Fright, Restatement (Second) of Torts

The Never Ending Traffic Stop: Why Informing Citizens of Completion is Necessary

In today's edition of the KLJ Blog, Staff Editor Madeline Moss discusses the Supreme Court's holding in Rodriguez v. United States, and calls for a bright line rule establishing that law enforcement officials must inform citizens when the mission of a traffic stop has been completed.

The KLJ BlogCommunications EditorOctober 26, 2017Madeline Moss, Ohio v- Robinette, Rodriguez v- United States, Traffic Stops, U-S- Supreme Court

Conservation Easements: Is it “In Perpetuity” or “Close Enough”?

In today's edition of the KLJ Blog, Staff Editor Bethany Davenport examines the tax implications of conservation easements, and calls for a firm interpretation of the phrase "in perpetuity" either in the form of a regulation or ruling by the Supreme Court.

The KLJ BlogCommunications EditorOctober 17, 2017BC Ranch II L-P- v- Comm'r, Bethany Davenport, conservation, Easements, Minnick v- Comm'r, North American Land Trust Act

Could Louisville be Liable for Rick Pitino's Entire Coaching Contract?

In today's edition of the KLJ Blog, Staff Editor Jacob M. Bartlett takes an in-depth look at former Louisville Basketball Coach Rick Pitino's contract, and questions whether the University could be liable for his full salary.

The KLJ BlogCommunications EditorOctober 10, 2017Contract Law, Employment Law, Jacob M- Bartlett, NCAA, O'Brien v- Ohio State Univ-, Rick Pitino, Tom Jurich, University of Louisville

Are Administrative Law Judges Unconstitutionally Appointed?

In today's edition of the KLJ Blog, Staff Editor Roger K. Morris questions the constitutionality of administrative law judge appointments, and examines the impact such appointments have on federal agencies.

The KLJ BlogCommunications EditorOctober 5, 2017Administrative Law, Appointment Clause, Article II U-S- Constitution, Bandimere v- Sec- & Exch- Comm'n, Freytag v- Comm'r Internal Revenue, Roger K- Morris, Securities and Exchange Commission, Supreme Court

Should Judges Swipe Left on Social Media?

In today's edition of the KLJ Blog, Staff Editor William J. Barker II discusses potential ethical complications that could arise from the use of social media by judges and attorneys across Kentucky.

The KLJ BlogCommunications EditorOctober 3, 2017Canon 2, Ethics Committee, Instagram, Kentucky Code of Judicial Conduct, social media, Tinder, Twitter, William J- Barker

Google, Inc.: The Death of a Trademark?

In today's edition of the KLJ Blog, Staff Editor Nicole Pottinger examines the issue of verb appropriation in trademark law, and considers the difficulties companies, such as Google, may face in maintaining their registrations.

The KLJ BlogCommunications EditorSeptember 28, 2017Elliot v- Google Inc-, Horizon Mills Corp- v- Qvc- Inc-, Kraft Foods Holdings Inc- v- Helm, Lanham Act, Nicole Pottinger, Pilates Inc- v- Current Concepts, Star Indus- v- Bacardi & Co-, Supreme Court, trademark, Verb Appropriation

Profiting off Near Fatalities: Mylan Inc.’s EpiPen Price-Gouge

In this week's edition of the KLJ Blog, Staff Editor Samuel L. Hoops highlights the price-gouging of EpiPens by Mylan Inc., and considers the possible ramifications of this practice under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act.

The KLJ BlogCommunications EditorSeptember 19, 2017"RICO" Act, EpiPen, Mylan Inc-, Samuel L- Hoops, Sanofi-Aventis U-S- LLC

When Fundamental Rights Collide: The Legal Conflicts Within and Surrounding Masterpiece Cakeshop.

In today's edition of the KLJ Blog, Staff Editor Justin Cloyd examines the decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, and questions how far our laws can infringe upon civil liberties to protect civil rights.

The KLJ BlogCommunications EditorSeptember 12, 2017ACLU, Civil Liberties, civil rights, Department of Human Resources of Oregon v- Smith, Justin Cloyd, LGBTQ, Masterpiece Cakeshop v- Colorado Civil Rights Commission, U-S- Supreme Court

The Curious Disconnect Between the Rhyme and Reason of TC Heartland

In today's edition of the KLJ Blog, Staff Editor Abby Clark examines the ramifications of the Supreme Court's recent decision in TC Heartland v. Kraft, focusing specifically on how the holding could impact patent trolls moving forward.

The KLJ BlogCommunications EditorSeptember 8, 2017Abby Clark, Patent Law, Patent Trolls, Supreme Court, TC Heartland v- Kraft, VE Holding, Venue Shopping

The Free Will Distinction Between Self-Defense & the Necessity Defense

In today's edition of the KLJ Blog, Staff Editor Dustin Nelson examines the moral equivalency of the necessity defense and self-defense.

The KLJ BlogCommunications EditorSeptember 5, 2017Dustin Nelson, Free Will, Necessity Defense, Self-Defense

Tinkering with Students’ First Amendment Rights in the Age of Cyber-bullying

In this week's edition of the KLJ Blog, Articles Editor Jennifer Henry discusses the difficulty school systems face in their efforts to halt cyber-bullying without infringing the First Amendment rights of students.

The KLJ BlogCommunications EditorMay 23, 2017Cyber Bullying, first amendment, Jennifer L- Henry, Online Harassment, Tinker v- Des Moines Indepedent School District, U-S- Supreme Court

Beached Whale: The Supreme Court’s Sad Suffocation of Public-Sector Unions

In this edition of the KLJ Blog, Notes Editor Brandon Magner provides his insight on the Supreme Court's handling of Janus v. AFSCME, as well as the state of public-sector unions moving forward.

The KLJ BlogCommunications EditorMay 19, 2017Abood v- Detroit Board of Education, first amendment, Friedrichs v- California Teachers Ass’n, Janus v- AFSCME, Justice Samuel Alito, Public-Sector, Supreme Court, Unions

Whitford v. Gill: Has Partisan Redistricting Finally Gone Too Far?

In this final edition of the Volume 105 KLJ Blog, Staff Editor Andrew Watkins describes recent developments in the fight over the legality of partisan gerrymandering.

The KLJ BlogCommunications EditorApril 23, 2017Drew Watkins, gerrymandering, Partisan Gerrymandering, SCOTUS, Supreme Court

Lexmark Challenge to Patent Exhaustion Could Largely Disrupt Intellectual Property Precedent

In this week's edition of the KLJ blog, Production Editor Caroline Snell analyzes the doctrine of patent exhaustion, and the potential ramifications a pending Supreme Court case could have on the intellectual property community.

The KLJ BlogCommunications EditorApril 6, 2017Caroline Snell, Impression Products v- Lexmark, intellectual property, Patent Exhaustion Doctrine, Patent Law, U-S- Supreme Court

The Legacy of Bears Ears National Monument and the Antiquities Act Under the Trump Administration

In this week's edition of the KLJ Blog, Notes Editor Alex Clay questions the authority of a sitting president to modify or undo the creation of a national monument by a previous president.

The KLJ BlogCommunications EditorMarch 30, 2017Alex Clay, Antiquities Act, Bears Ears National Monument, Executive Action, National Monument, President Trump, Property Clause

How Old Are You? IMDB’s Free-Speech Battle Against a California Statute Begins

In this week's edition of the KLJ blog, Production Editor Austin Anderson discusses the First Amendment implications of a California bill restricting websites from posting the age of actors and actresses.

The KLJ BlogCommunications EditorMarch 29, 2017Age Discrimination, Austin Anderson, first amendment, free speech, IMDB-com v- Becerra

Educating a “Work Ready” Kentucky: A Closer Look at the Impact of Free Community College Legislation in Kentucky

In this week's edition of the KLJ Blog, Staff Editor Bennett Greene analyzes the "Workready Kentucky" program adopted as part of HB 626, and compares the state's higher education initiatives to others implemented across the country.

The KLJ BlogCommunications EditorMarch 23, 2017Bennett P- Greene, Free Community College, HB 626, Workready Kentucky

“Blue Lives Matter” Laws: The Extension of Hate Crime Statutes to Include Law Enforcement

In this Monday edition of the KLJ blog, Online Content Editor Spencer Gray discusses the recent proliferation of "Blue Lives Matter" laws that classify violence against police as a hate crime.

The KLJ BlogCommunications EditorMarch 13, 2017Blue Lives Matter, Hate Crime, Hate Crime Legislation, Police Officers, Spencer K- Gray

The United States Estate Tax: Demonized by the Public on Behalf of the Few

In this Monday edition of the KLJ Blog, Articles Editor Sadie McCorkle mounts an excellent defense of the much-maligned Estate Tax and forecasts its uncertain future under Donald Trump.

The KLJ BlogCommunications EditorMarch 6, 2017Death Tax, Donald Trump, Estate Tax, Public Policy, Sadie R- McCorkle, Tax Planning, Trump Administration