Blog — Kentucky Law Journal

Posts in The KLJ Blog

Sword or Shield? Religious Hospitals, Secular Practitioners, and Expansion of the Ministerial Exception

At the intersection of two entrenched principles—freedom from workplace discrimination and unfettered religious practice—sits a doctrine called the ministerial exception. The doctrine gives deference to religious institutions’ internal employment practices regarding its “ministers,” providing immunity from employment discrimination claims. First discussed in the aftermath of the Civil Rights Act of 1964, the doctrine permeated lower courts for decades before the Supreme Court finally granted it ultimate legitimacy in 2012.

The KLJ BlogRachael BellerFebruary 15, 2021Kentucky Law Journal

The Curious Case of Singular They

In this edition of the KLJ Blog, Production Editor, Sarah Laytham discusses use of the "singular they" in legal writing and the societal impact of legal writing's stagnation on the issue.

The KLJ BlogCommunications EditorJuly 30, 2019Bluebook, Chicago Manual, human rights, Legal Writing, LGBTQ, Pronouns, Singular They

When Immigrants are Safe, We are All Safe

In this edition of the KLJ Blog, Volume 108, Online Content Editor, Marianna Januario discusses T and U Visas and the effects immigration has on the citizens of the United States.

The KLJ BlogCommunications EditorJuly 26, 2019immigration, immigration reform, Marianna C- Januario, Visas

FERC’s Role in Bankruptcy

In this edition of the KLJ Blog, Volume 108, Senior Staff Editor, Barrett Block discusses the FERC's role in bankruptcy as it applies to power companies and who has the authority to hear their cases.

The KLJ BlogCommunications EditorJuly 25, 2019Bankruptcy Law, Barrett Block, Federal Power Act, FERC

A Set-Back for Adidas in Trademark Expansion

In this edition of the KLJ Blog, Volume 108, Senior Staff Editor, John Brady Hagen discusses Adidas' attempt to expand their iconic trademark and the denial of that trademark by the General Court of the European Union.

The KLJ BlogCommunications EditorJuly 24, 2019Adidas, EU, intellectual property, IP, John Brady Hagen, trademark, Trademark Law

Saving the Earth One Suit at a Time: Juliana and Atmospheric Trust Litigation

In this edition of KLJ Blog, Vol. 108, Senior Staff Editor, Lesley Nash discusses Juliana v. U.S. The case alleges that the United States committed to policies that contributed to climate change, while knowing of the negative effects of both its policies and of climate change itself.

The KLJ BlogCommunications EditorJuly 3, 2019climate change, due process, Juliana v- U-S-, Lesley Nash

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

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