The University of Kentucky College of Law and the Student Government Association hosts
The Kentucky Journal of Equine, Agricultural, & Natural Resources Law Fifth Annual Symposium:
February 27, 2019
Gatton Student Center Senate Chamber
9:00 A.M. – 4:00 P.M.
Pending CLE approval
9:00 A.M—Opening Remarks, Kyle Bunnell, Executive Development Editor
9:15 A.M—Bill Lear: “Thoroughbred Racing, Wagering, and Sales: The Keeneland Trifecta”
10:15 A.M.—Ilya Shapiro: “High on Federalism: Marijuana’s Challenge to State-Federal Relations”
11:15 A.m.—Janet McCabe: “The Past, Present, and Future of Environment Protection: Threats and Opportunities”
1:45 P.M.—Kristi Boswell: “The Intersection of Agricultural Labor and Immigration Policy”
2:45 P.M.—Kentucky Proud Break, Ice Cream Provided by Crank & Boom
3:15 P.M.—Doug McSwain: “Is Sports Wagering Coming to the Bluegrass, and if so, How Should it Be Regulated?”
4:15 P.M.—Closing Remarks, Lexy Gross, Editor-in-Chief
Ilya Shapiro is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute. Before joining Cato, he was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb.
Shapiro is the co-author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, Weekly Standard, and New York Times Online. He also regularly provides commentary for various media outlets, including CNN, Fox News, ABC, CBS, NBC, Univision and Telemundo, the Colbert Report, PBS NewsHour, and NPR.
Shapiro has testified before Congress and state legislatures and has filed more than 300 amicus curiae “friend of the court” briefs in the Supreme Court, including one that The Green Bag, selected for its “Exemplary Legal Writing” collection. He lectures regularly on behalf of the Federalist Society, is a member of the Legal Studies Institute’s board of visitors at The Fund for American Studies, was an inaugural Washington Fellow at the National Review Institute and a Lincoln Fellow at the Claremont Institute, and has been an adjunct professor at the George Washington University Law School. In 2015, National Law Journal named him to its 40 under 40 list of “rising stars.”
Before entering private practice, Shapiro clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School (where he became a Tony Patiño Fellow).
Bill Lear is Chairman Emeritus of one of Kentucky's largest law firms, Stoll Keenon Ogden PLLC. He previously served the firm for more than 20 years as Chairman and Managing Partner/Director. Bill is the Past Chair of the Board of the Kentucky Chamber of Commerce, is a former Chairman of Commerce Lexington, a former five-term state legislator and is an active civic leader in Lexington and Louisville. During his tenure in the General Assembly, he served as Chairman of the House Economic Development Committee and successfully sponsored significant legislation, such as the Kentucky Economic Development Partnership Act, the Kentucky whistleblower law, the state seatbelt law, tort reform, property tax reform, infrastructure privatization and alternative sentencing. He also served as Co-Chair of blue ribbon task forces on tax reform, workforce development and economic development.
At Stoll Keenon Ogden, Lear's practice concentrates on real estate litigation, planning and zoning, and thoroughbred racing regulations. He currently serves as a Trustee of Keeneland Association, Vice-Chair of The Jockey Club and as a member of the Board of Commonwealth Seed Capital, LLC. He has been inducted into the Kentucky Economic Development Hall of Fame, the Bluegrass Business Hall of Fame and the U.K. College of Law Alumni Hall of Fame.
Janet McCabe is Professor of Practice at the Indiana University McKinney School of Law and Assistant Director for Policy and Implementation at IU’s Environmental Resilience Institute. She is also a Senior Law Fellow with the Environmental Law and Policy Center. From July 2013 through January 2017, Janet McCabe was the Acting Assistant Administrator for the Office of Air and Radiation at the United States Environmental Protection Agency. She was nominated by President Barack Obama to be Assistant Administrator of that office. She joined EPA in November 2009, serving as the Principal Deputy to the Assistant Administrator of OAR. Prior to joining EPA in November 2009, Janet McCabe was Executive Director of Improving Kids’ Environment, Inc., a children’s environmental health advocacy organization based in Indianapolis, Indiana and was an adjunct faculty member at the Indiana University School of Medicine, Department of Public Health, and at the School of Public and Environmental Affairs. From 1993 to 2005, Ms. McCabe held several leadership positions in the Indiana Department of Environmental Management’s Office of Air Quality and was the office’s Assistant Commissioner from 1998 to 2005. Before coming to Indiana in 1993, Ms. McCabe served as Assistant Attorney General for environmental protection for the Commonwealth of Massachusetts and Assistant Secretary for Environmental Impact Review. Ms. McCabe grew up in Washington, DC and graduated from Harvard College in 1980 and Harvard Law School in 1983.
Kristi Boswell was appointed as Senior Advisor to Secretary Sonny Perdue at the United States Department of Agriculture in May 2018. She advises the Secretary on workforce, research and environmental issues. Prior to joining USDA, Kristi served as Director of Congressional Relations at the American Farm Bureau Federation handling ag labor, immigration, food safety and farm safety issues. Previously, Kristi practiced corporate defense litigation at Stinson Morrison Hacker LLP in Omaha, Nebraska and worked as an aide to former Nebraska State Sen. Pamela Redfield in the Nebraska Unicameral Legislature. She began her career in agriculture as the Ag Youth Coordinator at the Nebraska Department of Agriculture.
Kristi grew up on a farm in southeastern Nebraska where her family raised corn and soybeans. She received her Juris Doctor with Distinction from the University of Nebraska College of Law and Bachelor of Agricultural Sciences from the University of Nebraska.
Douglas L. McSwain has been a litigator, legal advisor, negotiator, speaker, and writer in constitutional, administrative, civil rights, equine, racing and gaming, employment, employee benefits, healthcare, trade practices, antitrust and competition law, municipal, insurance, and business law for 35 years. McSwain has been named and peer-reviewed as a “Best Lawyer in America®,” “Kentucky Super Lawyer” and "Top Rated Lawyer" in civil rights and employment, health care, first amendment, and municipal law, and he practices in both trial courts and appellate courts. In 2017, “Best Lawyers®” named McSwain “Lawyer of the Year” in central Kentucky in employment law.
McSwain litigates, advises, and speaks on all aspects of racing, wagering and gaming law. For over a decade, he served as General Counsel for the National Horsemen’s Benevolent & Protective Association, Inc., an organization representing owners and trainers of thoroughbred racehorses. He continues to represent owners and trainers in all facets of their relationships with racetracks and simulcasting outlets as well as before state racing commission regulators in numerous states. And, he also represents racetracks, off-track betting outlets, and racetrack owners and operators in states such as Kentucky, Nebraska, and Arizona.
McSwain is a life member of the Sixth Circuit Judicial Conference, and formerly served as President of the Central Kentucky American Inns of Court, Chair of the Joint Local Rules Commission of the Eastern & Western Districts of Kentucky’s U.S. District Courts, and 5thSupreme Court District Bar Governor on the Kentucky Bar Association’s Board of Governors.
McSwain has litigated or consulted on numerous horse racing, wagering, and gaming issues and disputes involving live racing and wagering, and off-track simulcast wagering in various States within the United States and also in Canada (e.g.,Alabama, Arkansas, Florida, Idaho, Indiana, Illinois, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Washington, West Virginia, Wyoming, and Virginia, as well as Ontario, Canada).His most notable published decisions concerning the Interstate Horseracing Act of 1978, 15 U.S.C. § 3001,et seq., include:Kentucky Division, Horsemen’s Benevolent & Protective Ass’n v. Turfway Park Racing Ass’n,20 F.3d 1406 (6thCir.1994) andHorsemen’s Benevolent & Protective Ass’n-Ohio Div., Inc. v. DeWine, 666 F.3d 997 (6thCir. 2012).