Kentucky Law Journal
Founded in 1913, the Kentucky Law Journal is the national’s tenth-oldest continually published law review. We publish four print issues each year, plus timely scholarship online.
Edited by students with guidance from a faculty advisor, KLJ features work from leading scholars and original student work on a wide range of legal topics. Our mission is to advance legal thought, train the next generation of attorneys, and spark meaningful debate.
Online Originals
University Kentucky J. David Rosenberg College of Law student, Bradley Simpson, argues that the Major Questions Doctrine, notwithstanding its interpretive flaws, strikes an appealing balance between two extremes: an administrative state incapable of acting versus an administrative state left unchecked.
University Kentucky J. David Rosenberg College of Law student, John Simms, argues that car dealerships routinely and lawfully exploit consumers by secretly marking up interest rates in indirect auto financing, a practice that remains undisclosed despite imposing significant financial harm—especially on subprime and marginalized borrowers. It concludes that existing legal justifications for nondisclosure are outdated and flawed, and calls for regulatory reform requiring dealers to disclose interest rate markups to restore transparency, bargaining power, and consumer protection.
Helmuth’s piece argues that the Trump Administration’s proposed dismantling of FEMA and retreat from federal disaster preparedness represents a fundamental misreading of the causes of past emergency management failures. By shifting responsibility for disaster response and mitigation onto the states through executive action and funding cuts, the administration threatens to undermine economies of scale, institutional expertise, and cooperative federalism that have long defined effective disaster response. Because Kentucky is both resource-constrained and among the most disaster-prone states in the nation, Helmuth contends that these policies would leave the Commonwealth uniquely vulnerable to increasingly frequent and severe climate-driven disasters, exposing the dangers of replacing federal coordination with fragmented, state-level systems.
Whitridge’s piece argues that the Food and Drug Administration must adopt a proactive regulatory framework for menstrual tampons in light of emerging evidence of heavy-metal contamination. Prompted by a recent UC-Berkeley study detecting lead and other metals in widely used tampon brands, the Note contends that the FDA’s current § 510(k) “substantial equivalence” pathway is ill-suited for identifying modern chemical risks. Whitridge argues that tampons’ classification as Class II medical devices, combined with outdated guidance, leaves consumers vulnerable to untested contaminants. To remedy this gap, the piece urges the adoption of a forward-looking regulatory scheme—one that mandates routine testing, disclosure, and comprehensive risk assessments—to better safeguard public health and align FDA oversight with contemporary scientific realities.
Schaeffer’s piece argues that Kentucky should adopt a statutory scheme to facilitate the development of small modular reactors (SMRs) similar to the one recently promulgated by the Virginia legislature. SMRs are advanced nuclear fission reactors that are smaller than traditional nuclear power plants. Their scale and modular nature makes them especially optimal for efficiency. With the proliferation of Kentucky's industrial sector, SMRs will play a crucial role in providing cost-effective electricity which will maximize Kentucky's economic output.
Student Blogs
Nearly all of the world’s bourbon is produced in the Commonwealth, with the aging barrels outnumbering the local residents. Until recently, Kentucky was the only state to place a tax on those aging barrels, turning the state’s signature industry into a significant tax revenue source that funded state and local governments. Yet, in 2023, the Kentucky General Assembly voted to phase out the tax on aging barrels. KLJ Vol. 114 Staff Editor Ashley Peal adds insight as to how this phase out will impact key stakeholders in the Commonwealth.
In the United States, electronic cigarette usage is rising and represents “the most commonly used tobacco product” plaguing the youth population. In the Commonwealth, this problem is of particular concern as Kentucky has the second highest rate of e-cigarette use in the nation. KLJ Vol. 114 Staff Editor Lilly Stephens proposes a solution to the crisis by calling on the Commonwealth’s legislature to continue increasing the state tax on all sales of vapor products.
While policymakers and industry actors have sought to replicate the functions of paper bills of lading through the electronic bill of lading, widespread institutional adoption of the modern development has been hindered by legal uncertainty and distrust. KLJ Volume 114 Staff Editor Zachary Lee explores the drawbacks of the electronic bill of lading and explains why paper versions are still the dominant instrument in modern international trade.
Every first-year property student is introduced to the familiar “bundle of sticks” metaphor, including the right to exclude others from your private property. Yet state and federal actors are trying to “snap” this bundle by forbidding landowners from lease termination and non-renewal. As the constitutionality of these moratoria is called into question, property owners across the country remain in a state of limbo. KLJ Volume 114 Staff Editor Logan Hopson dives into the split between circuits and advocates for clarity from the Supreme Court.
In 1935, the Supreme Cort in Humphrey’s Executor v. United States issued one of the most significant presidential removal decisions of the modern era. The Court highlighted the importance of keeping independent agencies separate from executive control as they restricted the president’s removal power. Flash-forward to 2025, and many are suspicious that Humphrey’s 90-year precedent is on its way to joining the growing list of overturned cases on the Roberts Court. KLJ Vol. 114 Staff Editor Ellie Driver explores this development and notes the broad implications our administrative state would face if such a decision were to be made.
