Blog — Kentucky Law Journal

Sales Tax in a Brave New World: A Brief Look at South Dakota v. Wayfair, Inc.

Content, The KLJ BlogOnline Content ManagerJune 24, 2018

Kentucky Legislature Needs to Get Ahead of Juvenile Solitary Confinement

In today's edition of the KLJ Blog, Staff Editor Patrick Brennan discusses the need for the Kentucky Legislature to put an end to juvenile solitary confinement in light of constitutional and social concerns.

The KLJ BlogCommunications EditorMay 29, 2018juvenile, Patrick Brennan, Roper v- Simmons, solitary confinement

Barring the Cemetery Gate May Push More to the Federal Courthouse Door: Supremes Set to Revisit Ripeness Doctrine for Takings Claims

In today's edition of the KLJ Blog, Staff Editor Mat Payne discusses an upcoming Supreme Court case regarding the ripeness of federal takings claims.

The KLJ BlogCommunications EditorMay 27, 2018cemetery, Fourth Amendment, Mat Payne, ose Mary Knick v- Scott Township, property, ripeness, taking, Williamson Cty- Reg'l Planning Comm'n v- Hamilton Bank

Black Lung on the Rise: A Call for Greater Protection of Miners

In today's edition of the KLJ BLog, Staff Editor Tyler E. Greer discusses the rise of progressive massive fibrosis (PMF) and the need for work regulations in the coal industry.

The KLJ BlogCommunications EditorMay 27, 2018black lung, coal, energy, progressive massive fibrosis, safety, Tyler E- Greer

Kentucky Criminal Justice Reform Amidst the Opioid Epidemic

In today's edition of the KLJ Blog, Staff Editor Chelise L. Conn Greer discusses the opioid epidemic, the increasing prison population as a result, and the Kentucky Legislature's methods of resolving it.

The KLJ BlogCommunications EditorMay 27, 2018Chelise L- Conn Greer, criminal justice, incarceration, Kentucky, Opioids, prison

Identifying Proceeds with Blockchain: A Solution to the UCC § 9-315(a) Problem of Proof

In today's edition of the KLJ Blog, Staff Editor Brittany J. Foster discusses the benefits of Blockchain technology in the realm of secured transactions, particularly with identifying proceeds.

The KLJ BlogCommunications EditorMay 24, 2018Blockchain, Brittany J- Foster, identifying proceeds, In re Oriental Rug Warehouse Club, secured transactions

Victims of Progress: The Tort Liability and Economic Ramifications of Autonomous Vehicles

In today's edition of the KLJ Blog, Staff Editor Nicholas John Davis lays out the tort and economic ramifications caused by the advancement of self-driving technology.

The KLJ BlogCommunications EditorMay 24, 2018autonomous vehicles, negligence, Nicholas John Davis, products liability, Restatement (Second) of Torts, strict liability

Don’t Hate the Players (Nor the Haters), Hate the Game: A “Swift” Dismissal in Copyright Law and the Banalities of Lyricism

In today's edition of the KLJ Blog, Staff Editor Mark Edward Blankenship Jr. discusses the dismissal of Taylor Swift's copyright lawsuit and its effect on the music industry, the banality of the lyrical phrase in question, and the likelihood of similar lawsuits in the future.

The KLJ BlogCommunications EditorMay 20, 2018"Shake It Off", copyright law, creativity, Feist, Mark Edward Blankenship Jr-, motion to dismiss, Ninth Circuit, originality, Taylor Swift

Federal Tax Reform: Burgeoning The Bottom Line for the Bourbon Industry

In today's edition of the KLJ Blog, Staff Editor William Tyler Gilbert analyzes the federal tax reform's effects on the bourbon industry, including the benefits it would have on Kentucky distilleries.

The KLJ BlogCommunications EditorMay 19, 2018alcohol, bourbon, Internal Revenue Code, Tax Reform, William Tyler Gilbert

The Antiquities Act has a Modern Impact: The Downsizing of Two National Monuments could have Lasting Consequences on Public Federal Lands

In today's edition of the KLJ Blog, Staff Editor Shannon Rutherford digs into the Antiquities Act, specifically questioning whether a President can substantially modify a national monument proclamation, and, if so, under what circumstances.

The KLJ BlogCommunications EditorApril 23, 2018Antiquities Act, Bureau of Land Management, D-C- Circuit, Property Clause, Shannon Rutherford, The Wilderness Society

“Protect the Jury or Eliminate Racial Bias? How to Proceed After Peña-Rodriguez”

In today's edition of the KLJ Blog, Staff Editor Spencer Eastwood analyzes exceptions to the Supreme Court's "no-impeachment rule" for juries following the decision in Peña-Rodriguez v. Colorado.

The KLJ BlogCommunications EditorApril 18, 2018Jury Deliberations, No-Impeachment Rule, Pena-Rodriguez, Sixt Circuit, Spencer Eastwood, Supreme Court, Tanner v- United States, United States v- Robinson

Improving Landlord-Tenant Relations in Kentucky Through the URLA

In today's edition of the KLJ Blog, Staff Editor Micah Johnson analyzes landlord-tenant relations in Kentucky, and advocates for statewide adoption of the Uniform Residential Landlord-Tenant Act of 1972.

The KLJ Blog, UncategorizedCommunications EditorFebruary 2, 2018Kentucky Revised Statute, Micah Johnson, Miles v- Shauntee, Uniform Residential Landlord-Tenant Act of 1942, Warranty of Habitability

Partisan Gerrymandering: A Consideration for State Legislatures, Not the Supreme Court

In today's edition of the KLJ Blog, Staff Editor Stephanie Renzelman analyzes the constitutionality of partisan gerrymandering and considers the judiciary's role in dealing with questions and processes traditionally subject to political branch control.

The KLJ BlogCommunications EditorJanuary 19, 2018Equal Protection Clause, gerrymandering, Gill v- Whitford, Redistricting, Stephanie Renzelman, Supreme Court, Vieth v- Jubelirer

The Governor Giveth, and the Governor Taketh Away: The Authority of the Kentucky Governor to Restore Voting Rights for Ex-offenders

In today's edition of the KLJ Blog, Staff Editor Matthew Boggs examines the state of voting rights under Governor Matt Bevin, and calls for Kentucky to serve as a leader in criminal justice reform by granting all its citizens the right to vote.

The KLJ BlogCommunications EditorNovember 30, 2017Convicted Felons, Kentucky Constitution, Matthew Boggs, Supreme Court of Kentucky, Voting Rights

Eliminating the Chase: Fourth Amendment Implications of Warrantless Use of Cell-Site Simulators to Search for Criminal Offenders

In today's edition of the KLJ Blog, Staff Editor Katie Monin reviews records demonstrating that the federal government utilizes cell site simulators as a form of electronic surveillance, and considers the fourth amendment implications of this practice.

The KLJ BlogCommunications EditorNovember 28, 2017Cell Site Simulator, Fourth Amendment, Freedom of Information Act, Katie Monin, Riley v- California, Supreme Court

Social Media: Will Bevin Be Sliced by a Double-edged Sword?

In today's edition of the KLJ Blog, Staff Editor Timothy Lovett examines the social media blocking habits of Governor Matt Bevin, and questions whether public officials have a right to block users from their social media accounts in light of the recent holding in Davison v. Loudon County Board of Supervisors.

The KLJ BlogCommunications EditorNovember 14, 2017ACLU of Kentucky, Davison v- Loudon County Board of Supervisors, first amendment, Matt Bevin, social media, Timothy Lovett

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