Blog — Kentucky Law Journal

A Whole New Kind of Ghostwriting

In this edition of KLJ Blog, Volume 108, Austin Stevenson discusses the Supreme Court reversal of a 9th Circuit decision because it was authored by a judge that died prior to the case being rendered.

The KLJ BlogCommunications EditorJune 25, 2019Appeals, Appellate Court, Ghostwriter, Judge Reinhardt, Ninth Circuit, R- Austin Stevenson, Rizo v- Yovino, Supreme Court

#MeToo and Minarsky: The Evolution of the Faragher-Ellerth Affirmative Defense

In this edition of the KLJ Blog, Volume 107 Staff Editor S. Patrick Riley discusses the #MeToo Movement and Minarsky v. Susquehanna County.

The KLJ BlogCommunications EditorFebruary 26, 2019#MeToo, Employment Law, Faragher-Ellerth Affirmative Defense, hostile work environment, Minarsky, S- Patrick Riley, sexual harassment, Third Circuit, TItle VII

Shauna’s Law: Will it be the First of Its Kind?

In this edition of the KLJ Blog, Volume 107 Staff Editor Alicia Gilbert discusses the fate of Shauna's Law in the Commonwealth of Kentucky and the effects it will have on CBD oil users who have to take mandatory drug tests for employment.

The KLJ BlogCommunications EditorFebruary 25, 2019Alicia Gilbert, CBD Oil, Employment Law, SB 83, Shauna's Law

Workin’ for a Livin’: The Blurred Line Between Employees and Independent Contractors Has Taken Another Hit in the World of Ride-Sharing

In this edition of the KLJ Blog, Volume 107 Staff Editor Kyle A. Girouard discusses the SuperShuttle case involving ride-sharing and what it means for the National Labor Relations Act.

The KLJ BlogCommunications EditorFebruary 25, 2019Employment Law, Kyle A- Girouard, National Labor Relations Act, NLRB, SuperShuttle, Unions

Is the Second Time the Charm? The Ongoing Medicaid Battle in Kentucky

In this edition of the KLJ Blog, Volume 107 Staff Editor Megan B. Barker discusses the newest version of Kentucky HEALTH that replaces the Kentucky Kynect program and whether certain instituted provisions are unconstitutional.

The KLJ BlogCommunications EditorFebruary 19, 2019health insurance, Healthcare reform, Kentucky HEALTH, Medicaid, Medicaid Expansion, Megan B- Barker

Kentucky's New Presumption For Joint Custody and Equal Parenting Time

In this edition of the KLJ Blog, Volume 107 Staff Editor Amanda K. Krugler discusses Kentucky's new rebuttable presumption of equal time sharing and permanent joint custody and its ramifications moving forward.

The KLJ BlogCommunications EditorFebruary 19, 2019Amanda K- Krugler, Equal Time Sharing, family law, HB 528, joint custody, Kentucky Family Law

The Healthcare Industry Wants to Know What Amazon, Berkshire, and JPMorgan Are Up To: Could Optum Inc. v. Smith Provide Answers?

In this edition of the KLJ Blog, Volume 107 Staff Editor William B. Kilgore discusses Amazon, Berkshire Hathaway, and JPMorgan's independent healthcare venture and what problems are posed by the pending First Circuit case, Optum v. Smith.

The KLJ BlogCommunications EditorFebruary 18, 2019Amazon, Berkshire Hathaway, healthcare, Healthcare Law, JPMorgan, Optum v- Smith, William B- Kilgore

State Tax Law and the New Economy: a KLJ Symposium Topic Covered by Adam Thimmesch

In this edition of the KLJ, Volume 107 Senior Staff Editor Brittany Warford addresses the issues between digital IP and state tax laws, a topic introduced by Adam Thimmesch at the 2018 Kentucky Law Journal Symposium. The journal will soon publish an article of Thimmesch's, which will give a more complex analysis of the issue.

The KLJ BlogCommunications EditorFebruary 18, 2019Adam Thimmesch, Brittany J- Foster, Brittany Warford, digital, intellectual property, IP, Kentucky, small business, state tax law, symposium, Tax Law

Knick v. Township of Scott: “Taking” Away the Williamson County Doctrine

In today's edition of the KLJ Blog, Volume 107 Staff Editor R. Austin Stevenson discusses the upcoming hearing for Knick v. Township of Scott, and explains why the Williamson County Doctrine should be eliminated.

The KLJ Blog, UncategorizedCommunications EditorJanuary 22, 2019cemetery, ose Mary Knick v- Scott Township, R- Austin Stevenson, taking, Takings Clause, Williamson County Doctrine, Williamson Cty- Reg'l Planning Comm'n v- Hamilton Bank

Marsy’s Law: It Persuaded Voters, But Will It Persuade the Kentucky Supreme Court?

In this edition of the KLJ Blog, Volume 107 Staff Editor Ameena R. Khan discusses the fate of Marcy's Law in the state of Kentucky and the upcoming Kentucky Supreme Court hearing on the amendment.

The KLJ BlogCommunications EditorJanuary 19, 2019Ameena R- Khan, crime victims, Kentucky, Kentucky Constitution, Kentucky General Assembly, Kentucky Supreme Court, Marcy's Law, statutory rights

Is Texas v. United States “Great News for America” or Yet Another Procedural Skirmish in the Battle for “Obamacare?”

In this edition of the KLJ Blog, Volume 107 Staff Editor Aaron Wallace Meek highlights the possible procedural issue of standing in Texas v. United States.

The KLJ BlogCommunications EditorJanuary 18, 2019Aaron Wallace Meek, Affordable Care Act, Clapper v- Amnesty International USA, Fifth Circuit, National Federation of Independent Businesses v- Sebelius, Obamacare, standing, Texas v- United States

Transgender Service Members & Decision Making Deference to the United States Military

In this edition of the KLJ Blog, Volume 107 Staff Editor Annie R. Barry analyzes the deference in barring transgender military service and suggests that a thorough investigation and data collection must be completed.

Featured, The KLJ BlogCommunications EditorNovember 12, 2018ACLU, Annie R- Barry, deference, Discrimination, fifth amendment, human rights, military, Rostker v Goldberg, transgender

American Asylum: How the Policy of Turning Away Asylum Seekers Violates National and International Law

In this edition of the KLJ Blog, Volume 107 Staff Editor Lesley Nash discusses the national and international law concerns regarding the practice of turning away asylum seekers.

The KLJ Blog, UncategorizedCommunications EditorNovember 6, 2018Al Otro Lado Inc- v- Nielsen, asylum seekers, human rights, immigration, International law, Lesley Nash, refoulement

The Death Penalty in Kentucky: Is it Worth the Cost?

In this edition of the KLJ Blog, Staff Editor Rachele Taylor Yohe discusses Meece v. Commonwealth and analyzes the viability of the death penalty in the state of Kentucky.

The KLJ Blog, UncategorizedCommunications EditorNovember 6, 2018death penalty, death row, indigency, Kentucky, Kentucky Supreme Court, Meece v- Commonwealth, public advocacy, Rachele Taylor Yohe

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