Kentucky Law Journal

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/.

In her most recent piece, Ella Helmuth pushes back against the Trump Administration’s proposed dismantling of FEMA and r...
01/09/2026

In her most recent piece, Ella Helmuth pushes back against the Trump Administration’s proposed dismantling of FEMA and retreat from federal disaster preparedness. Regarding the Commonwealth, she notes Kentucky is both resource-constrained and among the most disaster-prone states in the nation and contends that these policies would leave the Commonwealth uniquely vulnerable to increasingly frequent and severe climate-driven disasters, exposing the dangers of replacing federal coordination with fragmented, state-level systems.

Read Helmuth's piece today on the Kentucky Law Journal Online: https://www.kentuckylawjournal.org/online-originals/alone-in-the-storm-trumps-plans-to-dismantle-federal-disaster-response-will-leave-vulnerable-states-behind-the-federal-preparedness-and-response-elimination-agenda

In 1935, the Supreme Cort in Humphrey’s Executor v. United States issued one of the most significant presidential remova...
11/30/2025

In 1935, the Supreme Cort in Humphrey’s Executor v. United States issued one of the most significant presidential removal decisions of the modern era. The Court highlighted the importance of keeping independent agencies separate from executive control as they restricted the president’s removal power. Flash-forward to 2025, and many are suspicious that Humphrey’s 90-year precedent is on its way to joining the growing list of overturned cases on the Roberts Court.

KLJ Vol. 114 Staff Editor Ellie Driver explores this development and notes the broad implications our administrative state would face if such a decision were to be made. Read Ellie’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/all-the-kings-horses-and-all-the-kings-men-couldnt-put-humphreys-together-again-exploring-potential-issues-of-a-post-humphreys-executor-world

Shortly after midnight on May 7, 1986, the Senate Finance Committee adopted the most comprehensive tax reform legislatio...
11/22/2025

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.” Read Jarrett’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/unraveling-tax-reform-the-big-beautiful-bills-predictable-departure-from-the-2017-tax-cuts-and-jobs-act

Across the Commonwealth, and particularly in Eastern Kentucky, clients are losing access to justice because their lawyer...
11/21/2025

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. Read Jason’s blog on The Kentucky Journal Online today: https://www.kentuckylawjournal.org/blog/all-quiet-on-the-eastern-front-legal-malpractice-tolling-and-the-systemic-barriers-facing-eastern-kentuckians

With the unpredictable nature of childbirth, it is no shock that surrogacy and the laws governing it are equally unique....
11/16/2025

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. Read Olivia’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/legal-but-unregulated-an-overview-of-state-surrogacy-regulations-or-lack-thereof

The Jones Act was enacted to protect maritime workers injured in the course of their employment. However, evolving case ...
11/14/2025

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. Read Emma's blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/lost-in-the-legal-current-how-maritime-law-overlooks-inland-river-workers

Last week, the Kentucky Law Journal hosted our 2025 Symposium: Immigration Law in Kentucky and the United States. It was...
11/14/2025

Last week, the Kentucky Law Journal hosted our 2025 Symposium: Immigration Law in Kentucky and the United States. It was an incredible day of insightful conversations about the current immigration landscape, led by our distinguished speakers.

Thank you to all the speakers, moderators, and guests whose support helped make this event truly remarkable!

Taylor Swift’s newest album, The Life of a Showgirl, has once again placed Swift at the center of public discussion as a...
11/14/2025

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. Read Claire’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/the-law-of-similarity-the-legal-standards-behind-swifts-showgirl-controversy

The history of Kentucky’s juvenile system has always been turbulent, filled with allegations of abuse, promises of chang...
11/08/2025

The history of Kentucky’s juvenile system has always been turbulent, filled with allegations of abuse, promises of change, and a never-ending cycle. One perpetual problem is the state’s continued unstructured implementation of solitary confinement, which has recently raised concerns from the Department of Justice.

KLJ Volume 114 Staff Editor Alexandra Wesley explores this tumultuous history and advocates for a ban on solitary confinement as a form of punishment in the Commonwealth’s juvenile detention system. Read Alexandra’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/children-abandoned-the-use-of-solitary-confinement-in-kentuckys-juvenile-detention-centers-the-impact-of-governor-beshears-recent-emergency-regulations

Wearable devices, such as Fitbit, allow users to collect and access vast amounts of personal health data, enabling them ...
11/07/2025

Wearable devices, such as Fitbit, allow users to collect and access vast amounts of personal health data, enabling them to monitor everything from sleep patterns to brain activity. While these wearables provide undeniable benefits, they may pose a constitutional hazard. Once this data is shared with a third party, it is no longer protected under the Fourth Amendment and is fair game for government agents.

KLJ Volume 114 Staff Editor Maggie Dowdy advocates for greater protections for American’s health data in our digital age. Read Maggie’s blog on The Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/how-the-government-accesses-your-personal-health-data-using-this-one-simple-trick

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