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Defendant vs. Victim: The Victims’ Rights Movement and its Potential Impact on the Right to a Fair Trial

Many of the victims’ rights frameworks—whether through state constitutional amendments or statutes—include the right for the victim to be present throughout the trial, which has potential implications on witness sequestration rules should a victim be called as a witness. As the victims’ rights movement continues to achieve success through state advocacy, the tension between the rights of…

Jailers Without Jails: Why is Kentucky the Only State That Still Elects Jailers as Constitutional Officers?

Every four years in Kentucky each county elects their own jailer. As time has passed, and budgets have tightened, jails all over Kentucky have closed their doors. Now, Kentucky has forty-three counties without jails, but with elected jailers. KLJ Volume 114, Staff Editor, Mallie Cornett explains the significance and effects of “no-jail” jailers on Kentucky’s taxpayers.

An Invisible Killer: Radon Exposure and Kentucky’s Lack of Regulation

Kentucky has the highest rate of new lung cancer rates in the nation. While smoking is often cited as the primary explanation for the Commonwealth’s high lung cancer rates, it is not the whole story. An invisible killer, radon, is the second leading cause of lung cancer in the United States and the leading cause among nonsmokers. Kentucky naturally has one of the highest average radon levels in…

Towing the Line: Navigating the Jurisdictional Divide over the Duration of Fourth Amendment Seizures

Vehicle towing often leaves the public exposed to predatory practices. Given the towing industry’s rapid expansion, its role in the seizure of personal property, and an increase in predatory towing claims, U.S. citizens are placed in an increasingly vulnerable position. While state-level towing protections vary significantly across the country, citizens can capitalize on the Fourth Amendment's…

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…

“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…

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…

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…

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…

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…