In this blog, 2L staffer Kylee Greene analyzes the current landscape of Kentucky’s Farm Animal Activity Act’s (FAAA) horse racing exemption. She argues that the definition of “horse racing activity” under the FAAA is inadequate and proposes a three-factor test that considers the nature of the farm animal activity, whether the plaintiff’s injury occurred on the racetrack, and the temporal proximity between the plaintiff’s injury and the race.
In this blog, staffer Aaron Withers examines House Bill 320, which in 2024 shortened Kentucky's limitations period for civil rights and wrongful-discharge claims from five years to three without saying whether the change reaches claims that had already accrued. Withers argues that under KRS 446.080(3), claims that accrued before July 15, 2024 remain subject to the five-year period, and that courts lack authority to write in the grace period the General Assembly left out. He urges the General Assembly to adopt a default transition rule in KRS Chapter 446, explaining why certainty matters to Kentucky farms and mineral interests.
In this blog, 3L staffer Emma Johns examines how equine genetic testing raises questions about control over genetic information and disclosure obligations in Kentucky horse sales. She argues that Kentucky should encourage clearer sale and testing agreements governing disclosure, sample retention, and data use, while clarifying when known genetic results trigger the warranty exception for sellers who knowingly sell diseased animals.
In this blog, 3L staffer Jordan Guancione explores how Kentucky divorce courts should value unborn racehorses by looking to how courts have divided unvested pensions and stock options. She examines the “immediate offset” method as a potential solution for dividing an asset whose future value remains uncertain.
In this blog, 2L staffer Kristen Bailey analyzes Disney's “Living with the Land” attraction that takes guests through a tour of one of Disney's greenhouses, showcasing their innovative and sustainable agricultural practices. Disney goes above state regulations and follows stricter self-created guidelines, posing the question of whether state law adequately protects indoor agriculture when Disney is going beyond state and federal regulations to create their own. This blog argues that states should enact more specific and detailed regulations regarding indoor agricultural practices in order to best protect our environment.
For those not well versed in science jargon, CRISPR-Cas is a genome-editing technology that allows the user to precisely cut out sections of DNA. Not surprisingly, scientific technology is moving faster than the gears of the political process can turn. The FDA and the USDA have realized that CRISPR is coming whether they are ready or not. But the agencies are going different directions on whether to regulate the organisms that undergo CRISPR alterations.
Farmers of the twenty-first century depend on agricultural equipment outfitted with computer systems and state-of-the-art software. The proliferation of high-tech farm equipment in recent years not only increased average yields in light of unreliable market prices, but it also distorted traditional notions of ownership.
The Northern Indiana Public Service Company (NIPSCO) has decided to install a 100-mile electrical transmission line starting in Reynolds, Indiana and ending in Topeka, Indiana. This $270 million dollar transmission line is supposed to help improve Indiana’s access to wind and solar renewable energy and maybe even lower the cost of energy and reduce greenhouse gases. However, this new powerline has been a matter of dispute with local Northern Indiana farmers who are complaining that the 100-mile powerline is interfering with their farms.
In 2016, Congress passed a law requiring labeling of bioengineered food products, more commonly known as Genetically Modified Organism or GMO food products. Many believe this mandatory labeling requirement is unconstitutional. The reason for this belief, surprisingly, derives from a 2015 Supreme Court case regarding road signage in Arizona.
On July 16, 2015, by a 28-2 vote, the United States Senate Appropriations Committee approved the Agriculture, Rural, Development, Food and Drug Administration, and Related Agencies Appropriation Bill (S.1800) for fiscal year 2016. This bill, commonly referred to as the Federal Farm Bill, supports agriculture cooperative conservation and rural community programs implemented by the United States Department of Agriculture (USDA). Through these programs, the USDA promotes and financially supports essential nutritional needs for the elderly and for children and their families, as well as food and drug safety.
Child labor is alive in the United States. Almost a century after the 1938 Fair Labor Standards Act was passed and despite numerous amendments, loopholes still remain that allow young children to work for excessive hours in dangerous environments with unfair compensation. The agricultural field, more precisely the tobacco industry, has benefited from child labor due to the shortcomings of the Fair Labor Standards Act.
Liquor industry giant Sazerac Co. (Sazerac) has been involved in numerous trademark infringement lawsuits in recent years. For example, in September, Sazerac filed suit against Stout Brewing Company LCC claiming that Stout Brewing tried “to pass off its own product [Fire Flask] as Fireball Cinnamon Whiskey.” The companies settled the dispute on Sept. 22, and Stout Brewing agreed to “cease selling its product with infringing labels and redesign its label.
On July 21, 2015, the U.S. Department of Agriculture announced $349 million in funding to be used for the improvement of electric infrastructure in thirteen states. The funding for the projects is provided through the USDA Rural Development’s Electric Program. According to U.S. Agriculture Secretary Tom Vilsack, the goal of the funding is to improve electric systems in rural communities in an effort to “build a sustainable and dynamic future for rural residents and businesses.
