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.
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.
Ground-based solar infrastructures are a viable source of renewable energy, however, this comes at a cost. Farmland and forests are being displaced at the expense of these solar farms. 2L staffer Caroline Butler discusses some potential solutions to reap the benefits of solar energy while using farms and forests efficiently.
Blog By: Deiona Camargo
Two months ago, the Supreme Court of New Mexico issued a unanimous opinion settling a debate over the public's right to stream access. In this blog, 2L Staffer Deiona Camargo discusses both sides of the debate and argues that the impact of this decision does not support a true balance between public and private land rights.
This past summer, the Supreme Court handed down its decision in West Virginia v. EPA, a case concerning the EPA's authority to decarbonize the nation's electricity-generating industry through "generation shifting." In this blog, 3L staffer Evan Callahan discusses how this decision impacts administrative law and the EPA's carbon emissions policies going forward.
Kentucky is behind other states in electric vehicle sales and production. In this blog, 2L staffer Jimmy Brown addresses why Kentucky should offer a state tax credit for residents who purchase an electric vehicle or provide electric vehicle supply equipment to decrease the state's greenhouse gas emissions.
