KJEANRL
Running in Circles: Defining “Horse Racing ...

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.

Running in Circles: Defining “Horse Racing Activity” Under Kentucky’s Farm Animal
KJEANRL
When the Clock Changes: House Bill 320, KRS ...

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.

When the Clock Changes: House Bill 320, KRS 446.080(3), and Claims That Accrued Before 2024
Equine
KJEANRL
Who Owns a Horse’s DNA? Genetic Testing, ...

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.

Who Owns a Horse’s DNA? Genetic Testing, Disclosure, and the Future of Equine Sales
KJEANRL
Horses and Divorces: Valuing Unborn Racehorses ...

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.

Horses and Divorces: Valuing Unborn Racehorses in Kentucky Divorce Courts
Agriculture
KJEANRL
Living with the Land: An Examination of Indoor ...

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. 

Living with the Land: An Examination of Indoor Agriculture Regulations

Avoiding Palm Oil at the Supermarket: Why Your Toothpaste Might be Causing Deforestation

Avoiding Palm Oil at the Supermarket: Why Your Toothpaste Might be Causing Deforestation

Blog By: Sydney LaRue

Palm oil is found in a multitude of everyday products. In this blog, 2L staffer Sydney LaRue demonstrates that the bulk consumption of palm oil has led to deforestation. LaRue ultimately argues for more sustainable practices by requiring companies to disclose palm oil on ingredient lists and for consumers to demand the use of only sustainably grown palm oil.

Protecting Pigs: Why Proposition Twelve Should Be Upheld

Protecting Pigs: Why Proposition Twelve Should Be Upheld

Blog by: Matthew Hayes

In 2018, California voters passed Proposition Twelve, which prohibited the sale of meat procured from animals held in gestation crates. Gestation crates have been widely criticized as being an inhumane practice, despite their broad usage in the pork industry. Although the pork industry is challenging Proposition Twelve on a constitutional basis, 3L staffer Matthew Hayes explains why these actions should fail.

Ignoring the Alternative: Why Kentucky Heartwood is Unlikely to Stop Logging in the Daniel Boone National Forest

Ignoring the Alternative: Why Kentucky Heartwood is Unlikely to Stop Logging in the Daniel Boone National Forest

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.

Call to the Post: End the Halt on HISA

Call to the Post: End the Halt on HISA

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.

A Controversial Legal Round-Up

A Controversial Legal Round-Up

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.

Loosening the Grip of Homeowners’ Associations Over Solar Panel Installations: The Need for More and Better Legislation

Loosening the Grip of Homeowners’ Associations Over Solar Panel Installations: The Need for More and Better Legislation

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.

"In Any Court": Discovery Stays Under the Securities Act of 1933

"In Any Court": Discovery Stays Under the Securities Act of 1933

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.