Legal Labels and Digital Reels: The Rise of Historical Horse Racing in Kentucky

The average patron who walks into a Kentucky racetrack might expect extravagant outfits, mint juleps, and rows of live thoroughbreds charging down the track. That traditional image still exists. Yet, it is no longer the only defining feature of Kentucky’s racing landscape. Walk into the Red Mile in Lexington on a typical day, and the most prominent form of wagering is not on live racing, but on a large gaming floor filled with electronic terminals. The rise of Historical Horse Racing machines illustrates a broader feature of modern gambling regulation: Whether a new wagering technology is permissible often turns less on how it functions and more on how the law chooses to define it.

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“Preliminary” by Policy? AI Policy’s Impact on Open Records in Kentucky

Public agencies across the Commonwealth are rapidly adopting generative AI, necessitating consideration of internal policies to address its use. However, as a recent Kentucky Attorney General Opinion shows, a carefully crafted policy may allow these agencies to shield their AI usage from the general public. Kentucky public agencies and their policymakers should consider the decision’s impact on their Kentucky Open Records Act obligations. KLJ Volume 114, Staff Editor, Nathan Brummett argues that agencies that follow the guidance of the Kentucky Open Records Act can place themselves on the forefront of AI usage in public agencies while still ensuring they remain compliant with the spirit of the Act.

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The Effective but Underutilized Way to Discharge Student Loan Debt in Bankruptcy

An effective process to discharge federal student loan debt in bankruptcy was created in guidance published by the Department of Justice (“DOJ”) to its attorneys in 2022. Yet, despite a growing number of student loan borrowers falling irretrievably into arrears, many continue to view student loans as practically non-dischargeable. Kentucky practitioners who represent consumers in bankruptcy should familiarize themselves with the DOJ’s process for discharging student loan debt. KLJ Volume 114, Staff Editor, Jon E.B. McGee argues Kentucky practitioners should consider all alternatives for their clients burdened by student debt.

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Slow Strides in the Bluegrass: Kentucky’s Recent Animal Protection Legislation and the Long Road to Reform

Kentucky has a regrettable history of providing inadequate protection to the animals that call the Bluegrass home. While the Commonwealth has made considerable improvements to its animal protection laws in recent years, it is essential the legislature continues to close the large gaps that exist, because Kentucky’s animals deserve more than the bare minimum. KLJ Volume 114, Staff Editor, Julia Wattenbarger advocates for increasing animal protection legislation in the Commonwealth.

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Aging Peacefully: Kentucky’s Bourbon Barrel Tax Phaseout

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.

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Kentuckians, Put Down Your Vapes: An Analysis of Kentucky Vaping Regulations

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.

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The Power of Print: The Relevance of Paper Bills of Lading in Modern International Trade

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.

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No Rent, No Exit: The Sixth Circuit’s Defense of Kentucky Property Rights Against “Indefinite Leases”

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.

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All the King’s Horses and All the King’s Men, Couldn’t Put Hump[hrey’s] Together Again: Exploring Potential Issues of a Post-Humphrey’s Executor World

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.

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Unraveling Tax Reform: The Big Beautiful Bill’s Predictable Departure from the 2017 Tax Cuts and Jobs Act

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.”

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All Quiet on the Eastern Front: Legal Malpractice, Tolling, and the Systemic Barriers Facing Eastern Kentuckians

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.

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Legal but Unregulated: An Overview of State Surrogacy Regulations, or Lack Thereof

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.

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The Law of Similarity: The Legal Standards Behind Swift’s Showgirl Controversy

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.

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Children Abandoned: The Use of Solitary Confinement in Kentucky’s Juvenile Detention Centers & the Impact of Governor Beshear’s Recent Emergency Regulations

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.

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How the Government Accesses Your Personal Health Data Using This One Simple Trick

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.

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Non-Negotiable: Why SCOTUS must uphold Medicare’s drug-negotiation program

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.  

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Is this the S.T.A.R.T. of the End? A Reflection on the Looming Deadline of the Last Remaining Nuclear Arms Agreement between the United States and Russia.

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.

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