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.

What happens when a child dies before their adoption is finalized? KLJ Volume 114 Staff Editor Hadley Christensen analyzes the Commonwealth’s introduction of Braylon’s Law, creating a permanent statutory path permitting the adoption of a child after their death.

Shortly after midnight on May 7, 1986, the Senate Finance Committee adopted the most comprehensive tax reform legislation in American history. Yet, only four years later, the goals of the 1986 Tax Reform Act were undermined as subsequent legislation continued to muddy the tax waters. Is the 2017 Tax Cuts and Jobs Act destined for the same unraveling as the 1986 Act? KLJ Volume 114 Staff Editor Jarrett Napier compares the two acts and reinforces that “History doesn’t repeat itself, but it often rhymes.”

Across the Commonwealth, and particularly in Eastern Kentucky, clients are losing access to justice because their lawyers fail to keep their clients informed about their case. In an area where many residents depend entirely on their lawyers to navigate the legal system, negligence perpetuates a cycle of disenfranchisement: those least able to protect their rights are most likely to lose them through silence. KLJ Volume 114 Staff Editor Jason Marcus explains the doctrine of tolling and advocates for reform to reassert the Commonwealth’s commitment to fairness, accountability, and access to justice.

With the unpredictable nature of childbirth, it is no shock that surrogacy and the laws governing it are equally unique. With no overarching federal legislation, states differ on how they treat surrogacy agreements, compensation for the surrogate mother, and how the intended parents are to establish legal parentage. KLJ Volume 114 Staff Editor Olivia Kiser evaluates the nations legal landscape on surrogacy and advocates for the Commonwealth of Kentucky to pass more legislation to address growing concerns in this area.

The Jones Act was enacted to protect maritime workers injured in the course of their employment. However, evolving case law has eroded that protection, leaving inland river workers in a statutory gray area. KLJ Volume 114 Editor Emma James analyzes the narrowing definition of “seaman” and advocates for reform to realign the Jones Act with its original purpose.

Taylor Swift’s newest album, The Life of a Showgirl, has once again placed Swift at the center of public discussion as accusations of copying have surfaced because of the apparent similarities between her new tracks and other popular songs. These allegations raise fundamental questions about what standard courts should use when evaluating claims of copyright infringement in mainstream music. KLJ Staff Editor Claire Irish dives into copyright law and the legitimacy of the claims against the pop superstar in her new piece.

The history of Kentucky’s juvenile system has always been turbulent, filled with allegations of abuse, promises of change, and a never-ending cycle. One perpetual problem is the state’s continued unstructured implementation of solitary confinement, which has recently raised concerns from the Department of Justice. KLJ Volume 114 Staff Editor Alexandra Wesley explores this tumultuous history and advocates for a ban on solitary confinement as a form of punishment in the Commonwealth’s juvenile detention system.

Wearable devices, such as Fitbit, allow users to collect and access vast amounts of personal health data, enabling them to monitor everything from sleep patterns to brain activity. While these wearables provide undeniable benefits, they may pose a constitutional hazard. Once this data is shared with a third party, it is no longer protected under the Fourth Amendment and is fair game for government agents. KLJ Volume 114 Staff Editor Maggie Dowdy advocates for greater protections for Americans health data in our digital age.

Earlier this year, the OCTOPUS Act of 2025 made its first appearance in the U.S. Senate. The bill aims to ban commercial octopus farming, an unethical practice that endangers vital ecosystems and local economies. KLJ Volume 114 Staff Editor Katherine Walker dives into the legal waters of the bill and argues the house should allow the bill to stay afloat and become law.

Each day, many Americans awake to a terrifying reality: ability to afford their medical treatment and stay alive is entirely dependent upon their fragile financial status. While Congress has created a program to ease the crushing financial toll of medical treatment, the program now faces mounting legal challenges, and the Supreme Court may soon decide its fate. KLJ Volume 114 Staff Editor Will Stansell advocates for the upholding of this Congressional support program.  

While the United States and Russia currently adhere to a nuclear arms treaty securing international security for both nations, the expiration of the agreement may pose a national security threat. The current relation between the leaders of the United States and Russia do not inspire confidence that a new international agreement will be created. KLJ Vol. 114 Staff Editor Harper Johnson explores the current agreement between the two superpowers and advocates for an extension of the treaty to avoid a nuclear security dilemma.

After a nearly two-year investigation following the death of Breonna Taylor, the U.S. Department of Justice published its finding that the Louisville Metro Police Department engaged in a pattern or practice of violating constitutional and federal law. Though most officers were committed public servants, misconduct took a toll on the department and the community—Louisville needed change. KLJ Vol. 114 Staff Editor Caroline Shackleton advocates for meaningful, sustainable, and effective change in the Commonwealth’s largest city. Read Caroline’s blog on The Kentucky Law Journal Online today.

2025 has been a complicated year for American voting rights as red and blue states have been engaged in a high-profile arms race to see who can gerrymander congressional districts on political party lines the most dramatically. This trend of using demographic data to facilitate a particular election outcome undermines public faith in elections. KLJ Vol. 114 Staff Editor Garrett Sams explores old ideas that could help create a new system of district drawing that brings more democratic and egalitarian elections.

Casey’s Law allows family members or friends to petition the court for treatment on behalf of a person who has a substance use disorder and is unable to recognize their own need for the treatment. Yet the law raises a unique constitutional issue in Kentucky where many court-ordered treatment centers are faith-based organizations. KLJ Vol. 114 Staff Editor Allie Viney proposes a change to the Kentucky law that would provide strong First Amendment protection to patients without interfering with the court’s interest in discouraging the violation of drug laws.

In 1988, Congress enacted the Video Privacy Protection Act, after a reporter obtained a copy of a Judge’s videotape rental history and published the information during the Judge’s Supreme Court nomination hearings. While the Act is no longer applicable to consumers of now-defunct video tape rental stores, the question is whether the Act protects consumers of digital audiovisual content from sites like Facebook, online newspaper publishers, or apps that offer videos. KLJ Staff Editor Azia Meeks describes the circuit split and gives her own opinion on the best interpretation of the statute to ensure consumers remain protected in a world where digital privacy rights are more important than ever.