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: Abbigale Harrison
2L Staffer Abbigale Harrison reflects on the rising influence of fast fashion. Specifically, Harrison argues that the United States must take action because emission levels are rising rapidly. To avoid this near-future crisis, an act requiring target goals of permitted emissions by each registered fast fashion brand.
Blog By: Stevi Howard
In this blog, 2L Staffer Stevi Howard outlines the evolution and domination of seed and vegetable oils in the Western diet. She advises that the United States take a more protective and proactive approach in regulating the consumption of seed and vegetable oils, comparable to other countries.
Blog By: Abigail Barford
In this blog, 2L Staffer Abigail Barford examines how fashion retailers have seen an increase in climate-centric and “greenwashing” litigation as society becomes more concerned with climate change and sustainability. She advises what the fashion industry should do to protect themselves from potential lawsuits.
Blog By: Caroline Hood
2L Staffer Caroline Hood explores Kentucky’s recent legalization of sports betting. Although Kentucky allowed wagering on horses for many years, the Commonwealth was a hold out when it came to legalizing betting of other sports. Hood argues that the legalization of in-person and online betting on all sports is a positive change for Kentuckians.
Blog By: Joseph White
In his blog, 3L staffer Joseph White summarizes a public trust doctrine dispute that was recently adjudicated in Colorado. He addresses the dispute’s birth and answers how the case should’ve been decided if decided on the merits. Further, he argues that, where appropriate, landowners’ expectations should be considered because the legal ambiguity of Colorado’s public trust doctrine creates an unforeseen problem for landowners.
Blog By: Nathaniel Richey
Whatever their reasons for buying organic, American consumers of organic food rely on the integrity of the “USDA Organic” label. In this blog, 3L Staffer Nathaniel Richey discusses some longstanding concerns about the poor enforcement of the USDA organic standards. The USDA seeks to address these concerns through the new Strengthening Organic Enforcement Rule, a better-late-than-never effort by the agency to improve the organic label’s integrity.
Blog By: Justin Potter
In this blog, 3L Staffer Justin Potter discusses the BLM’s promulgation of the updated rules regarding methane waste and found itself caught between courts declaring them arbitrary and capricious. This blog discusses the principal case on these rules and why the Wyoming District Court took issue with BLM's reliance on ancillary factors.
