Blog By: Antonio C. Ellzey
In this blog, 3L Antonio C. Ellzey points out that California Governor Newsom recently vetoed a pending California state law that aimed to address the dangers of gas appliances. Specifically, the new law would have required manufacturers to place warning labels on gas stoves to inform consumers of their health effects. Some say the new law would help build awareness around a hidden danger while others say the new would restrict Californians’ freedom. Ellzey believes the pending law would positively impact Californians because they can make better-informed decisions around their health and safety, which would ultimately help save lives.
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: Cameron Coyle
The U.S. Forest Service is proceeding with the South Red Bird Wildlife Enhancement Project, which is a plan to remove a substantial amount of trees in Daniel Boone National Forest. Kentucky Heartwood has filed an action in an attempt to stop the project. 2L staffer Cameron Coyle talks about the details of the action and the likelihood of its success in this piece.
Blog by: Christian T. Deeter
The Horseracing Integrity and Safety Act (HISA) created a non-governmental entity to regulate the horseracing industry and promote animal safety. There has been a split of authority regarding whether the Authority’s regulatory regime violates the non-delegation doctrine. Christian T. Deeter, our 2L staffer, argues that the Authority is lawful and beneficial to the industry.
Blog by: Shawn Harkins
The popular pesticide for both agricultural and consumer use, Round-Up, contains a harmful chemical that is linked to several adverse health effects. As a result, Bayer Company has unsuccessfully battled claims under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and state law. Shawn Harkins discusses the current state of the Round-Up litigation and potential regulation of it in the future.
Blog by: Isabel Harrison
As solar energy usage increases, homeowners' associations have started to impose regulations on property owners' abilities to go solar. In this blog, 2L staffer Isabel Harrison urges legislators to mitigate the impacts of restrictive covenants that create obstacles for property owners’ making the switch to solar energy.
Blog By: Blake Sims
The Private Securities Litigation Reform Act (PSLRA) provides that all discovery shall be stayed during the pendency of a motion to dismiss in any private action arising under the Securities Act of 1933. 3L staffer Blake Sims argues that this should be interpreted to apply to both federal and state court actions, and that such an interpretation could be beneficial for emerging green companies, such as Rivian.
Blog By: Julianna Grant
Following the 2020 Olympics, the equestrian portion of the pentathlon was replaced with cycling. This decision was largely based on horse mistreatment and risk of injury to horses and competitors. In this blog, 3L staffer Julianna Grant argues for this change to remain permanent to ensure both horse and rider safety.
Scientific and technological advancements have created effective alternatives to testing cosmetics on animals. In an effort to reduce unnecessary animal suffering, several countries have banned the sale of cosmetics that utilize animal testing in order to place pressures on other countries to end cosmetic testing on animals. 2L staffer Autumn Clark believes the United States has the opportunity to join these countries and bar the sale of cosmetics in one of the world's largest global economies by enacting the Humane Cosmetic Act.
Homeless encampments are appearing in record numbers causing larger cities to “sweep" these encampments and move the residents off the streets. In this blog, 2L staffer Erik Farleigh discusses the negative environmental impacts of “sweeping” and offers solutions to mitigate the environmental impacts caused by closing encampments and forcing homeless individuals to move.
