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Whiskey Business: Utilizing Certification Marks ...

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.

Whiskey Business: Utilizing Certification Marks to Protect Intellectual Property and Promote Authenticity within the Whiskey Industry
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Whiskey Fungus: the Kentucky Courts' Ticking ...

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.

Whiskey Fungus: the Kentucky Courts' Ticking Timebomb
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Prop 12 – Should Congress Stay Silent?

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.

Prop 12 – Should Congress Stay Silent?
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Cut the Tax: What Rescheduling Marijuana Could ...

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.

Cut the Tax: What Rescheduling Marijuana Could Mean for Section 280E and Cannabis-Related Businesses
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Youth Climate Cases: Inspirations and Challenges

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.

Youth Climate Cases: Inspirations and Challenges

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Open for Business in Uncharted Waters: Leasing the Outer Continental Shelf

Open for Business in Uncharted Waters: Leasing the Outer Continental Shelf

The U.S. Department of the Interior dove into 2018 with a proposal to open roughly the entire U.S. Outer Continental Shelf (hereinafter “OCS”) for potential oil and gas lease sales. The  proposal is in furtherance of the National Outer Continental Shelf Oil and Gas Leasing Program (hereinafter “National OSC Program”). The National OCS Program currently preserves ninety-four percent of the total OCS acreage  by prohibiting any oil and gas exploration, or development therein. However, the January proposal made by U.S. Secretary of Interior Ryan Zinke, would open ninety-percent of the total OCS acreage for potential offshore drilling—almost a complete conversion from closed to exposed.

A Monumental Mess: Can President Trump’s Administration Find Legal Ground to Support Its Decision to Modify National Monuments?

A Monumental Mess: Can President Trump’s Administration Find Legal Ground to Support Its Decision to Modify National Monuments?

On Monday, December 4, 2017, President Trump signed presidential proclamations to shrink both the Bears Ears and Grand Staircase-Escalante National Monuments, resulting in the largest reduction of public-lands protection in the history of our nation. While some have supported the decision, there are many others who have strongly opposed it, bringing an unexplored legal question into the limelight: Does the 1906 Antiquities Act give the president the power to modify or eliminate national monuments, as well as designate?