Blog — Kentucky Law Journal

Conspiracy: What Does "Knowingly" Mean?

In this edition of the KLJ Blog, Volume 107 Production Editor Jamila Malaika Carter discusses United States v. Gibson, and proposes that the Sixth Circuit adopt the foreseeability element of drug conspiracy in promoting fair and just sentencing.

The KLJ BlogCommunications EditorAugust 1, 2018Conspiracy, drugs, forseeability, Jamila Malaika Carter, knowledge, mens rea, sixth circuit, United States v- Gibson, United States v- Pruitt, United States v- Robinson

Public Safety, Panhandling, and Protecting Free Speech

In this edition of the KLJ Blog, Senior Staff Editor Julie J. Greenlee discusses Lexington's most recent panhandling ordinance and the underlying issues on free speech.

The KLJ BlogCommunications EditorJuly 26, 2018Champion v- Commonwealth, first amendment, free speech, Julie J- Greenlee, Lexington, panhandlers, public safety

To Kill a Bearded Seal: Should the NMFS be able to preemptively list a species as threatened under the ESA?

In this edition of the KLJ Blog, Volume 107 Online Content Editor Madison Stewart discusses Alaska Oil & Gas Ass'n v. Pritzker and the debate on listing the bearded seal as a threatened species under the Endangered Species Act.

The KLJ BlogCommunications EditorJuly 24, 2018Alaska, Alaska Oil & Gas Ass'n v- Pritzker, Endangered Species Act, Madison Stewart, Ninth Circuit, seals

The Seventh Circuit: Expanding Protections for LGBT Individuals in Title VII and Title IX Discrimination Cases

In this edition of the KLJ Blog, Senior Staff Editor Akesha Kirkpatrick analyzes Hively v. Ivy Tech Community College and its effect on the LGBTQ community.

The KLJ BlogCommunications EditorJuly 24, 2018Akesha Kirkpatrick, civil rights, Discrimination, Hively v- Ivy Tech Community College, LGBTQ, Seventh Circuit, sexual orientation

The Role of Businesses in Reducing Recidivism in Ex-Offenders

In this edition of the KLJ Blog, Senior Staff Editor Kelsey Bryant discusses the high rates of recidivism mostly caused by unemployment and what businesses can do to reduce it.

The KLJ BlogCommunications EditorJuly 24, 2018Ban the Box, ex-felons, jobs, Kelsey Bryant, prisoners, recidivism, unemployment

An Endless Appeal: What Were Ezekiel Elliott and the National Football League Fighting About Anyway?

In this edition of the KLJ Blog, Volume 107 Notes Editor Michael E. Hooper Jr. analyzes a Fifth Circuit Court of Appeals dispute between the National Football League and Dallas Cowboys's running back Ezekiel Elliot.

The KLJ BlogCommunications EditorJuly 24, 2018Dallas Cowboys, Ezekiel Elliott, Fifth Circuit, Michael E- Hooper Jr-, NFL, NFLPA, Roger Goodell

Drug Quantities in a Conspiracy: What Counts?

In this edition of the KLJ Blog, Senior Staff Editor Claire Profilet evaluates United States v. Gibson and proposes that the Sixth Circuit adopts the "reasonably foreseeable rule" in conspiracy cases.

The KLJ BlogCommunications EditorJuly 23, 2018Claire Profilet, Conspiracy, methamphetamine, reasonably foreseeable rule, sixth circuit, United States v- Gibson

#CleanedUp

In this edition of the KLJ Blog, Senior Staff Editor Joseph T. McClure discusses #CleanedUp, an alternative to Bluebook citation proposed on Twitter, that promises to increase efficiency of writing and ease of reading.

The KLJ BlogCommunications EditorJuly 23, 2018#CleanedUp, Bluebook, Jack Metzler, Joseph T- McClure, Legal Writing, parentheticals, Twitter

A (Brief) Overview of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC

The KLJ BlogOnline Content ManagerJuly 20, 2018

Sales Tax in a Brave New World: A Brief Look at South Dakota v. Wayfair, Inc.

Content, The KLJ BlogOnline Content ManagerJune 24, 2018

Kentucky Legislature Needs to Get Ahead of Juvenile Solitary Confinement

In today's edition of the KLJ Blog, Staff Editor Patrick Brennan discusses the need for the Kentucky Legislature to put an end to juvenile solitary confinement in light of constitutional and social concerns.

The KLJ BlogCommunications EditorMay 29, 2018juvenile, Patrick Brennan, Roper v- Simmons, solitary confinement

Barring the Cemetery Gate May Push More to the Federal Courthouse Door: Supremes Set to Revisit Ripeness Doctrine for Takings Claims

In today's edition of the KLJ Blog, Staff Editor Mat Payne discusses an upcoming Supreme Court case regarding the ripeness of federal takings claims.

The KLJ BlogCommunications EditorMay 27, 2018cemetery, Fourth Amendment, Mat Payne, ose Mary Knick v- Scott Township, property, ripeness, taking, Williamson Cty- Reg'l Planning Comm'n v- Hamilton Bank

Black Lung on the Rise: A Call for Greater Protection of Miners

In today's edition of the KLJ BLog, Staff Editor Tyler E. Greer discusses the rise of progressive massive fibrosis (PMF) and the need for work regulations in the coal industry.

The KLJ BlogCommunications EditorMay 27, 2018black lung, coal, energy, progressive massive fibrosis, safety, Tyler E- Greer

Kentucky Criminal Justice Reform Amidst the Opioid Epidemic

In today's edition of the KLJ Blog, Staff Editor Chelise L. Conn Greer discusses the opioid epidemic, the increasing prison population as a result, and the Kentucky Legislature's methods of resolving it.

The KLJ BlogCommunications EditorMay 27, 2018Chelise L- Conn Greer, criminal justice, incarceration, Kentucky, Opioids, prison

Identifying Proceeds with Blockchain: A Solution to the UCC § 9-315(a) Problem of Proof

In today's edition of the KLJ Blog, Staff Editor Brittany J. Foster discusses the benefits of Blockchain technology in the realm of secured transactions, particularly with identifying proceeds.

The KLJ BlogCommunications EditorMay 24, 2018Blockchain, Brittany J- Foster, identifying proceeds, In re Oriental Rug Warehouse Club, secured transactions

Victims of Progress: The Tort Liability and Economic Ramifications of Autonomous Vehicles

In today's edition of the KLJ Blog, Staff Editor Nicholas John Davis lays out the tort and economic ramifications caused by the advancement of self-driving technology.

The KLJ BlogCommunications EditorMay 24, 2018autonomous vehicles, negligence, Nicholas John Davis, products liability, Restatement (Second) of Torts, strict liability

Don’t Hate the Players (Nor the Haters), Hate the Game: A “Swift” Dismissal in Copyright Law and the Banalities of Lyricism

In today's edition of the KLJ Blog, Staff Editor Mark Edward Blankenship Jr. discusses the dismissal of Taylor Swift's copyright lawsuit and its effect on the music industry, the banality of the lyrical phrase in question, and the likelihood of similar lawsuits in the future.

The KLJ BlogCommunications EditorMay 20, 2018"Shake It Off", copyright law, creativity, Feist, Mark Edward Blankenship Jr-, motion to dismiss, Ninth Circuit, originality, Taylor Swift

Federal Tax Reform: Burgeoning The Bottom Line for the Bourbon Industry

In today's edition of the KLJ Blog, Staff Editor William Tyler Gilbert analyzes the federal tax reform's effects on the bourbon industry, including the benefits it would have on Kentucky distilleries.

The KLJ BlogCommunications EditorMay 19, 2018alcohol, bourbon, Internal Revenue Code, Tax Reform, William Tyler Gilbert

The Antiquities Act has a Modern Impact: The Downsizing of Two National Monuments could have Lasting Consequences on Public Federal Lands

In today's edition of the KLJ Blog, Staff Editor Shannon Rutherford digs into the Antiquities Act, specifically questioning whether a President can substantially modify a national monument proclamation, and, if so, under what circumstances.

The KLJ BlogCommunications EditorApril 23, 2018Antiquities Act, Bureau of Land Management, D-C- Circuit, Property Clause, Shannon Rutherford, The Wilderness Society

“Protect the Jury or Eliminate Racial Bias? How to Proceed After Peña-Rodriguez”

In today's edition of the KLJ Blog, Staff Editor Spencer Eastwood analyzes exceptions to the Supreme Court's "no-impeachment rule" for juries following the decision in Peña-Rodriguez v. Colorado.

The KLJ BlogCommunications EditorApril 18, 2018Jury Deliberations, No-Impeachment Rule, Pena-Rodriguez, Sixt Circuit, Spencer Eastwood, Supreme Court, Tanner v- United States, United States v- Robinson