Kentucky Law Journal

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Kentucky Law Journal

The Kentucky Law Journal is the flagship law review of the University of Kentucky College of Law. Publication has been continuous since 1913.

The first publication under the title Kentucky Law Journal ("the Journal") was released in July of 1881, making the Journal the second-oldest existing law review in the United States. Four issues are published annually by the University of Kentucky College of Law. The Journal is edited entirely by a student editorial board, with guidance from a faculty advisor. Each issue contains articles written

by prominent national scholars and notes written by Journal members encompassing a broad range of legal topics. The online version of Kentucky Law Journal features online exclusives, blog posts, and PDF versions of our current print volumes. To view our website, see http://www.kentuckylawjournal.org/.

06/15/2025

Please join us in congratulating Bradley P. Simpson on his outstanding Note!

With so many exceptional Staff Editors submitting high-quality Notes, this award is a truly significant accomplishment. This achievement is both impressive and well deserved.

Congratulations, Bradley!

06/08/2025

Huge congratulations to our incredible editors whose notes have been selected for publication in Volume 114 of The Kentucky Law Journal!

We are proud of your achievement and excited to share your work!

05/28/2025

The Kentucky Law Journal (KLJ) is accepting proposals for its annual symposium, Immigration Law in Kentucky and the United States: A Discussion on Current Changes in Immigrants’ Legal Landscape. The symposium will be held on November 7, 2025.

This symposium will address how the current administration’s emphasis on immigration affects the practice and study of immigration law nationwide. Potential discussion topics include crimmigration law, sanctuary jurisdictions, immigrant rights litigation, and Kentucky-specific problems.

This year’s presenters will also have the opportunity to publish pieces in Volume 114 of the Kentucky Law Journal. The editors are particularly interested in publications in the range of 8,000–12,000 words. To apply for the symposium, please submit a current CV and an abstract of no more than 1,000 words. Please see https://www.kentuckylawjournal.org/symposium for more information. Thank you, and we look forward to working with you!

05/03/2025

We are pleased to feature Stoll Keenon Ogden Member, Thomas E. Rutledge, in his new article, "KENTUCKY BUSINESS ORGANIZATIONS “CREATED” BY A FILING WITH THE SECRETARY OF STATE." Check out a summary of the piece below:

Under the federal Corporate Transparency Act (CTA), most business entities formed in the United States are required to report their beneficial owners—unless they qualify for an exemption. But “most” doesn’t mean all. It’s important to distinguish between two groups: those entities that are subject to the reporting rules (and face penalties for noncompliance), and those that fall entirely outside the scope of the CTA and its reporting regulations from the start. Whether an entity falls into one category or the other often depends on state law. Rutledge's article focuses on how Kentucky law aligns with the relevant provisions of the CTA and its reporting regulations.

You can find this piece on KLJO today: https://www.kentuckylawjournal.org/online-originals/kentucky-business-organizations-created-by-a-filing-with-the-secretary-of-state

04/28/2025

We are pleased to feature Harvard Law Professor Gerald L. Neuman in his insightful essay, "State Executive Impeachment - We Need to Know More" in the Kentucky Law Journal Online.

You can find this piece on KLJO today: https://www.kentuckylawjournal.org/online-originals/state-executive-impeachment-we-need-to-know-more

04/25/2025

With conference realignment, the expansion of the College Football Playoff, and the introduction of Name, Image, and Likeness deals for students, the only constant over the past few years in the NCAA has been change. This trend continues with the recent House v. NCAA settlement agreement which effectively takes player compensation a step further by allowing Division I schools to share up to 22% of their athletic revenue with student-athletes. KLJ Vol. 113 Staff Editor Matthew Givens predicts the effects of the new settlement on collegiate athletics and explores ways for the mid-major Division I conferences to keep up in these changing times.

Read Matthew’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/no-one-mourns-the-mid-majors-can-mid-major-schools-survive-under-the-house-v-ncaa-settlement-agreement-or-is-college-athletics-destined-to-downsize

04/24/2025

While most states mandate some form of age-appropriate s*x education in schools, very few mandate adequate teaching on menstruation, and even fewer incorporate education on managing or dealing with abnormalities in menstruation. Awareness of serious conditions like Endometriosis highlight the need for s*x education in schools, yet the need must be balanced against the parents' right to opt-out of s*x education training. KLJ Vol. 113 Staff Editor Leigha Whitridge advocates for nationwide reform in menstruation education and looks to the country’s capital for inspiration on how to institute such change.

Read Leigha’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/womens-health-education-in-schools

04/23/2025

While the guarantee of an impartial jury remains a touchstone of the American justice system, the endless information at any juror’s fingertips presents an attack on this guarantee. High profile cases present more problems than ever as access to social media makes keeping juries impartial a tall task. KLJ Vol. 113 Staff Editor Preston Goodman explores remedies to jury impartiality problems in the modern era.

Read Preston’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/trial-by-tiktok-social-medias-attack-on-juror-impartiality

04/18/2025

Twelve cents an hour. Seems a near laughable number of cents, but twelve cents an hour is what inmates within the United States Federal Prison System are earning. Prisoners struggle not only with low wages but also affording basic necessities at the commissary where prices are marked up sometimes five times what they would be outside the prison walls. KLJ Vol. 113 Staff Editor Hannah Carroll explains how paying inmates' mere cents an hour combined with exorbitant prices for basic necessities has resulted in a violation of the United States Constitution’s Eight Amendment’s Cruel and Unusual Punishment Clause.

Read Hannah’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/prison-wages-a-violation-of-the-eighth-amendment

04/14/2025

The Kentucky Law Journal Online is proud to publish Emily Prince's Note discussing the tumultuous process of navigating the law surrounding child neglect. Particularly, Prince illustrates that the law in this area is often inconsistent by demonstrating how the implications of leaving a child alone can differ based on the child's ability to meet their immediate needs. While children of a sufficient age and mental capacity are allowed to be home unattended, a child that has a parent present but intoxicated may be found to be neglected. Interestingly, a conundrum occurs when the child can care for their immediate needs yet has an intoxicated parent present. Prince, a former social worker, argues that this ambiguity must be resolved by policymakers to make clear that parental substance abuse alone doesn't provide grounds to substantiate neglect. Rather, this finding should be grounds for alternative remedies aimed at strengthening families and reducing risk.

Read Emily's Note on KLJO today: https://www.kentuckylawjournal.org/online-originals/navigating-intoxicated-parenting-a-call-for-clear-guidelines-in-kentucky-law

04/11/2025

While generally car buyers who take out a loan on their vehicle leave dealership lots satisfied, many of these borrowers, upsold into a vehicle they may not be able to afford, discover “negative equity” and its implications. Borrowers rarely comprehend the gravity of possessing negative equity until faced with its debilitating consequences. KLJ Vol. 113 Staff Editor John Simms explores the current realities borrowers with negative equity face and cleverly proposes using an existing consumer protection statute to curb the massive amounts of negative equity in the automotive market.

Read John’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/sculpting-the-credit-card-act-into-a-car-act-how-the-ftc-should-fight-back-against-the-negative-equity-epidemic-debilitating-car-buyers

04/10/2025

In the year 2025, data is currency, and for the convenience of participating in the digital market, most Americans are willing to pay. Yet with new technologies like the quantum computer on the horizon, the safety of Americans’ data is in jeopardy as the quantum computer could decrypt what would take the classical computer billions of years to work through in mere hours. KLJ Vol. 113 Staff Editor Bridget Lienau explores the future of cryptography and advocates for a more comprehensive federal data privacy framework to unite American consumers, businesses, and government at all levels in minimizing the data which can be stolen and mitigating the harms of that which already has.

Read Bridget’s blog on KLJO today: https://www.kentuckylawjournal.org/blog/as-simple-as-quantum-physics-the-future-of-post-quantum-cryptography-in-the-absence-of-a-comprehensive-federal-data-privacy-framework

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