Blog By: Stevi Whitman
In this blog, 3L staffer Stevi Whitman argues for the use of certification marks to promote authenticity within the whiskey industry by introducing the Estate Whiskey Alliance® (EWA). The EWA is a member led association spearheaded by UK Innovate at the University of Kentucky, the James B. Beam Institute, Marker’s Mark Distillery, and other founding members, tasked with ensuring quality standards of whiskey production, promoting the benefits of local sourcing, and advancing sustainability efforts throughout the whiskey industry through the use of certification marks.
Blog By: Phillip Burress
Kentucky is home to 100 distilleries in 42 counties and produces 95% of the world's bourbon. In this Blog, 3L Phillip Burress discusses the threat posed by "Whiskey Fungus" on Kentucky property owners and the legal challenges facing Kentucky distillers.
Blog By: Ashton Edwards
In this Blog, 3L Staffer Ashton Edwards argues that instead of staying silent on the issue, Congress should respond to the interstate commerce concerns that reside in the Prop 12, a proposition that was made law by the U.S. Supreme Court in 2023. Edwards discusses that so far, Congress has yet to address the arguments and concerns of Farmers, the Court, or citizens, even though this law arguably has a substantial impact on interstate commerce.
Blog By: Antonio C. Ellzey
In this Blog, 3L Staffer Antonio C. Ellzey discusses the challenges faced by entrepreneurs in the cannabis industry, particularly the impact of Section 280E of the Internal Revenue Code, which limits deductions for businesses engaged in the cannabis trade due to federal prohibition. Ellzey discusses the potential benefits of rescheduling cannabis from Schedule I to Schedule III, which he argues would alleviate financial burdens on cannabis businesses, enhance safety, and stimulate economic growth.
Blog By: Yuha Jung
In this Blog, outgoing 3L Staffer Yuha Jung explores two recent youth climate cases, one resolved in Montana (Held v. State) and another ongoing in California (Genesis v. EPA), emphasizing their implications for future climate litigation. Jung contends that youth-led climate lawsuits will ultimately contribute positively to safeguarding a clean and healthy climate for future generations.
The United States is one of the largest contributors to plastic pollution in the world. 2L staffer Lauren Willard discusses the Reducing Waste in National Park Act and the Break Free From Plastic Pollution Act and believes they are both strong solutions to fixing the plastic pollution problems in our country. Willard strongly advocates that Americans should seriously consider these bills before it is too late.
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act, if passed, will make strides in society by removing marijuana from the list of scheduled substances under the Controlled Substances Act and decriminalizing possession, distribution, and manufacture of cannabis. However, 2L staffer, Hannah Thompson, notes that there is no discussion of the Dormant Commerce Clause (DCC) in the bill. Thompson strongly argues that Congress should suspend the DCC in the MORE Act to help achieve the end goal of combating disproportionate impacts from drug enforcement from the use of marijuana.
The FDA regulates drugs, cosmetics, foods, and dietary supplements, but not THC or CBD. 2L Staffer, Kenneth McQueen, Jr., strongly argues that with the rise of more states legalizing marijuana, it is time for the FDA to start regulating THC and CBD for the sake of public health. McQueen points out the issues that could occur with the regulation of CBD and THC but believes there are ways the FDA can limit the issues while still protecting public health.
NFTs are becoming extremely popular even with racehorses and are creating a stir in the copyright world. In light of this, 2L staffer Zack Stacy looks at the process for a racehorse to have their name registered through the process outlined in The Jockey Club and how it compares to getting a name registered in the U.S. Patent and Trademark Office. Stacy urges individuals to consider racehorses as brands and offers solutions to assist in the trademark of horses in the new NFT world.
Hide prices have been steadily decreasing over the past couple of years, directly impacting the meat-producing industry. 2L Staffer Ryan Stuart looks at the factors contributing to the current market trend, especially regarding the China leather production industry and the future of the hide and leather industry, while urging individuals to start buying leather goods again to help the hide industry.
In recent years it has become unclear what wetlands are protected. Senior Staffer Seth Stroud discusses the upcoming Supreme Court case, Sackett v. EPA, which will analyze this issue. The plaintiffs believe the Court should use Justice Scalia’s test (continuous surface connection) while opposing counsel favors Justice Kennedy’s test (significant nexus) for determining what wetlands will be protected. While Stroud analyzes this issue, he expresses the concern of many that the Supreme might be undercutting EPA’s rule-making efforts.
Covid-19 has had a significant impact on individuals and businesses. 2L staffer Emily Riggs discusses the new work lifestyle where people are working remotely and may not return to an office building for work, which has caused office buildings to now be vacant. Riggs strongly advocates that these buildings can help decrease the homeless population and offers an idea for how the states and the federal government can make this possible.
In recent years, the Kentucky Department of Forestry has been underfunded. 2L staffer Braydan Roark talks about how this has affected staffing issues and essential operations in the KDF. Roark advocates for a timber yield tax and lays out how it should function while putting at ease those who might have concerns about it.
