On March 11, 2020, the World Health Organization labeled the emerging COVID-19 respiratory virus a pandemic. In the months afterwards, states and local governments across the country implemented drastic measures restricting the movement of their citizens in an effort to “stop the spread” of the novel coronavirus. In most cases, these orders came from state executives, often relying on rarely-used emergency powers.
Read moreA Silver Lining of COVID-19: Telehealth and the Appalachian Healthcare Landscape
In 2020, the COVID-19 pandemic truly altered the world around us. Many things have changed, but not all of these changes are necessarily bad. If there is a silver lining, it might be the way the world has come together through innovation. One such innovation, though not entirely novel, is the unprecedented adoption and growth of Telehealth in America.
Read moreShow ‘Em a Red Card: The U.S. Women’s National Soccer Team and Their Fight for Pay Equity
In just a few weeks, the United States Women’s National Soccer Team (USWNT) will compete for its fifth Olympic gold medal. Ranking as the top team in the world, this pursuit comes on the heels of the team winning the 2019 FIFA Women’s World Cup. An astonishing accomplishment, USWNT is now the second national team to win back-to-back tournaments and the only with four Women’s World Cup titles.
Read moreA Call to “Detach” from the Strict Interpretation of the Duberstein Standard
The Tax Code purports to cut gift recipients a break and not include the value of that gift in their federal income. The standard for determining if something is a gift, however, is a subjective standard set forth by the Supreme Court, resulting in determinations of income to be left to the cynicism of judges.
Read moreThe Chilling Effect of Aggressive Police Responses to Peaceful Protests
On October 26, 2020, the United States Senate voted to confirm Seventh Circuit Court of Appeals Judge Amy Coney Barrett to the Supreme Court of the United States. This 52-48 vote fell largely on partisan grounds, becoming the first Supreme Court confirmation in modern times to receive no support from the minority party.
Though, before being confirmed as the 115th Associate Justice to serve on the United States Supreme Court, then-Judge Barrett faced questioning from members of the Senate Judiciary Committee on her judicial philosophy and legal knowledge. When responding to a question from Nebraska Sen. Ben Sasse asking her to name the five freedoms granted by the First Amendment of the United States Constitution, Judge Barrett faltered.
Read moreSword 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.
Read moreThe 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.
Read moreWhen 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.
Read moreFERC’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.
Read moreA 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.
Read moreSaving 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.
Read moreA 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.
Read more#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.
Read moreShauna’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.
Read moreWorkin’ 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.
Read moreIs 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.
Read moreKentucky's New Presumption For Joint Custody and Equal Parenting Time
In this edition of the KLJ Blog, Volume 107 Staff Editor Amanda K. Krugler discusses Kentucky's new rebuttable presumption of equal time sharing and permanent joint custody and its ramifications moving forward.
Read moreThe 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.
Read moreState 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.
Read moreKnick 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.
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