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.
Seeds are the building blocks of food and the foundation of agriculture. A practice known as “seed sharing,” has been in practice for generations to ensure the preservation and continuance of heirloom seeds. In the last few decades, this practice has been under attack as large private companies have dominated the seed industry. In this piece, staffer Savannah Baker highlights the importance of seeds and the need for seed sharing to continue.
Due to agricultural mismanagement, unfortunate weather, and the spread of COVID-19, North Korea is on the brink of a disastrous famine. In this piece, staffer Preston Johnson analyzes how the country’s ideologies, lack of action, and the pandemic have left the North Korean people in a dire situation.
While the Kentucky pension crisis remains a focal point among the state government, crippling the state and putting workers at risk, staffer William Hutchins offers up a unique solution: legalizing marijuana. Read more to learn about how Kentucky has the climate, soil, and market that could generate some much-needed revenue.
Since 1997, Kentucky’s Department of Fish and Wildlife Resources has implemented a program to bring elk to the state. This has brought economic benefits to impoverished areas of the state, but some question if the state’s efforts are enough. Read on to learn more about this untapped potential industry in Kentucky.
Keeping dairy farms afloat has challenged the United States government over the last few decades, resulting in billions of dollars spent bailing out dairy farmers. In 2019, more than 2,700 family-run dairy farms shut down. Major dairy companies are now arguing that mergers are the only way to stay in business. However, the government does not seem too MOOved by this argument. In this post, staffer Mary Dallas discusses the reason for the government's pushback when it comes to dairy farm mergers and potential antitrust issues that could arise.
With Kentucky’s famed Bourbon Trail, the state is uniquely poised to benefit from agritourism. And with statutes on the books, farmers already have the framework needed to succeed in this blooming industry. Read more to learn how piggybacking off of bourbon can benefit Kentucky’s farmers in agritourism.
