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
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 Whitridge argues that tampons’ classification as Class II medical devices, combined with outdated guidance, leaves consumers vulnerable to untested contaminants.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
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.