Blog — Kentucky Law Journal

Due Process and Social Security: One Thread to Ponder Before Oral Argument in Biestek v. Berryhill

In this edition of the KLJ Blog, Volume 107 Staff Editor Alexander Alberto Pabon discusses due process implications in Biestek v. Berryhill, an upcoming SCOTUS case.

The KLJ Blog, UncategorizedCommunications EditorNovember 1, 2018Alexander Alberto Pabon, Biestek v- Berryhill, due process, richardson v- perales, SCOTUS, sixth circuit, Social Security, United States Supreme Court, vocational expert

Securities Fraud or Elon being Elon? The Forty Million Dollar Tweet

In this edition of the KLJ Blog, Volume 107 Staff Editor Richard K. Simpson discusses how Elon Musk's tweet put himself at risk of securities fraud.

The KLJ Blog, UncategorizedCommunications EditorOctober 24, 2018Elon Musk, Richard K- Simpson, SEC, Securities and Exchange Commission, Securities Fraud, Tesla, Twitter

As Justice Should be Blind, So Should We: Analyzing the Federal Judicial Center’s Reports on Cameras in the Courtroom and an Argument in Favor of Keeping Cameras Out of the Supreme Court

In this edition of the KLJ Blog, Volume 107 Staff Editor John Austin Hatfield argues why video camera footage of judicial hearings in the U.S. Supreme Court should be unnecessary.

The KLJ Blog, UncategorizedCommunications EditorOctober 23, 2018cameras, courtroom, federal, John Austin Hatfield, Justice Kennedy, Justice Scalia, Supreme Court, U-S- Supreme Court, video recording

Could Fleetwood Mac Be Liable for Lindsey Buckingham Going His Own Way?

In this edition of the KLJ Blog, Volume 107 Staff Editor Rowan L. Reid analyzes the strength of Lindsey Buckingham's claims of breach of fiduciary duty and breach of oral contract against his band Fleetwood Mac.

The KLJ Blog, UncategorizedCommunications EditorOctober 21, 2018breach of oral contract, Contract Law, fiduciary duty, Fleetwood Mac, Lindsey Buckingham, Rowan L- Reid, RUPA

Extravagances of Thought and Expression: Rehabilitating Obergefell v. Hodges and the Symbiotic Relationship Between Writing and Legal Theory

In this edition of the KLJ Blog, Volume 107 Staff Editor Sarah Laytham discusses Justice Scalia's dissent in Obergefell v. Hodges and its importance in opinion writing style and legal theory.

The KLJ Blog, UncategorizedCommunications EditorOctober 12, 2018equal protection, Fourteenth Amendment, Justice Scalia, legal theory, Legal Writing, Loving v- Virginia, obergefell, same-sex couples, Sarah Laytham

Opioid Litigation: Can We Put a Price On Addiction?

In this edition of the KLJ Blog, Volume 107 Staff Editor Alexandra N. Henning highlights the dangers and concerns of using tobacco litigation as a guide for opioid litigation.

The KLJ Blog, UncategorizedCommunications EditorOctober 12, 2018Alexandra N- Henning, federal, Opioid Multidistrict Litigation, Opioids, overdoses, Purdue Pharma, tobacco litigation

To Kneel or Not to Kneel: A Balancing Act of First Amendment Rights

In this edition of the KLJ Blog, Staff Editor Chynna Breann Hibbitts discusses First Amendment rights and the practice of kneeling during the national anthem.

The KLJ BlogCommunications EditorOctober 7, 2018Arbitration, Chynna Breann Hibbitts, Colin Kaepernick, first amendment, free speech, kneeling, national anthem, National Football League, Protests

DACA in 2018: Renewals Continue, but the Legality of the Program is Still up in the Air

In this edition of the KLJ Blog, Staff Editor Marianna Januario discusses the legality of the DACA program.

The KLJ BlogCommunications EditorOctober 5, 2018DACA, immigration reform, Marianna C- Januario, Texas v- Nielsen, Texas v- United States, USCIS

A Brief History of Pre-Obergefell Same-Sex Estate Planning: Adult Partner Adoption

In today's edition of the KLJ Blog, Staff Editor Kyle S. Schroader discusses the effect of Obergefell v. Hodges on same-sex estate planning and adult partner adoption.

The KLJ BlogCommunications EditorSeptember 27, 2018adult partner adoption, estate planning, In re Kaufmann's Will, Kyle S- Schroader, LGBTQ, obergefell, same-sex couples, wills

The Benefits of Arbitration with Entities in Financial and Political Distress: ConocoPhillips and Venezuela

In this edition of the KLJ Blog, Staff Editor J. Brady Hagan discusses the recent settlement ConocoPhillips and Venezuela's PDVSA and explains why arbitration would be the best means of dispute resolution here.

The KLJ BlogCommunications EditorSeptember 20, 2018Arbitration, assets, CoconoPhillips, ICC, international, International Centre for Settlement of Investment Disputes, J- Brady Hagan, PDVSA, Venezuela

Kentucky Supreme Court: Determining the Constitutionality of GOP-crafted Pension Bill

In this edition of the KLJ Blog, Staff Editor Summer R. Bablitz discusses the recent pension bill that was passed by Kentucky's legislature. The Kentucky Supreme Court began their hearing on this case today.

The KLJ BlogCommunications EditorSeptember 20, 2018Kentucky Legislature, Kentucky Supreme Court, pension bill, SB 151, Summer R- Bablitz

Unlike the Nosy Neighbor: Digital Privacy in the Modern Age

In today's edition of the KLJ Blog, Staff Editor Drew M. Baldwin discusses the recently decided Carpenter v. United States and its impact on digital privacy.

The KLJ Blog, UncategorizedCommunications EditorSeptember 6, 2018Carpenter v- United States, Cell Phones, Fourth Amendment, privacy, Stored Communications Act of 1986

Bagging the Public Domain: Trade Dress in Steven Madden, Ltd. v. Jasmin Larian, LLC

In this edition of the KLJ Blog, Staff Editor Barrett Block analyzes Steven Madden, Ltd. v. Jasmin Larian, LLC and explains why Cult Gaia's trade dress infringement claim ought to fail.

The KLJ BlogCommunications EditorSeptember 4, 2018Barrett Block, Cult Gaia, Lanham Act, LLC, Ltd- v- Jasmin Larian, product design, public domain, Steven Madden, trade dress

Medical Review Panels: Solving the Malpractice Crisis or Blocking the Courthouse Doors?

In today's edition of the KLJ Blog, Staff Editor Emily J. Bertram discusses the Medical Review Panel Act and what the Kentucky Supreme Court's upcoming decision could mean for future malpractice suits.

The KLJ BlogCommunications EditorAugust 30, 2018Commonwealth v- Claycomb, Emily J- Bertram, Franklin Circuit Court, Medical Malpractice, Medical Panel Review Act

Prince & the Revolution of Transformative Use: Observing “New Portraits” Alongside the Potential Specter of Appropriation Art’s Past

In a special edition of the KLJ Blog, Volume 107 Operations Manager Mark Edward Blankenship Jr. analyzes Graham v. Prince, another copyright law case involving appropriation artist Richard Prince. A pretrial for this case will begin on the 14th of August.

The KLJ Blog, UncategorizedCommunications EditorAugust 6, 2018appropriation art, Cariou v- Prince, copyright law, fair use, Graham v- Prince, Mark Edward Blankenship Jr-, New Portraits, Richard Prince, transformative use, Untitled

Conspiracy: What Does "Knowingly" Mean?

In this edition of the KLJ Blog, Volume 107 Production Editor Jamila Malaika Carter discusses United States v. Gibson, and proposes that the Sixth Circuit adopt the foreseeability element of drug conspiracy in promoting fair and just sentencing.

The KLJ BlogCommunications EditorAugust 1, 2018Conspiracy, drugs, forseeability, Jamila Malaika Carter, knowledge, mens rea, sixth circuit, United States v- Gibson, United States v- Pruitt, United States v- Robinson

Public Safety, Panhandling, and Protecting Free Speech

In this edition of the KLJ Blog, Senior Staff Editor Julie J. Greenlee discusses Lexington's most recent panhandling ordinance and the underlying issues on free speech.

The KLJ BlogCommunications EditorJuly 26, 2018Champion v- Commonwealth, first amendment, free speech, Julie J- Greenlee, Lexington, panhandlers, public safety

To Kill a Bearded Seal: Should the NMFS be able to preemptively list a species as threatened under the ESA?

In this edition of the KLJ Blog, Volume 107 Online Content Editor Madison Stewart discusses Alaska Oil & Gas Ass'n v. Pritzker and the debate on listing the bearded seal as a threatened species under the Endangered Species Act.

The KLJ BlogCommunications EditorJuly 24, 2018Alaska, Alaska Oil & Gas Ass'n v- Pritzker, Endangered Species Act, Madison Stewart, Ninth Circuit, seals

The Seventh Circuit: Expanding Protections for LGBT Individuals in Title VII and Title IX Discrimination Cases

In this edition of the KLJ Blog, Senior Staff Editor Akesha Kirkpatrick analyzes Hively v. Ivy Tech Community College and its effect on the LGBTQ community.

The KLJ BlogCommunications EditorJuly 24, 2018Akesha Kirkpatrick, civil rights, Discrimination, Hively v- Ivy Tech Community College, LGBTQ, Seventh Circuit, sexual orientation

The Role of Businesses in Reducing Recidivism in Ex-Offenders

In this edition of the KLJ Blog, Senior Staff Editor Kelsey Bryant discusses the high rates of recidivism mostly caused by unemployment and what businesses can do to reduce it.

The KLJ BlogCommunications EditorJuly 24, 2018Ban the Box, ex-felons, jobs, Kelsey Bryant, prisoners, recidivism, unemployment