Kentucky Law Journal

Kentucky Law Journal The Kentucky Law Journal is the flagship law review of the University of Kentucky College of Law. Publication has been continuous since 1913.

The first publication under the title Kentucky Law Journal ("the Journal") was released in July of 1881, making the Journal the second-oldest existing law review in the United States. Four issues are published annually by the University of Kentucky College of Law. The Journal is edited entirely by a student editorial board, with guidance from a faculty advisor. Each issue contains articles written by prominent national scholars and notes written by Journal members encompassing a broad range of legal topics. The online version of Kentucky Law Journal features online exclusives, blog posts, and PDF versions of our current print volumes. To view our website, see http://www.kentuckylawjournal.org/.

University of Kentucky J. David Rosenberg College of Law Student, Matthew Givens, addresses the inadequacies of the MLB’...
08/14/2026

University of Kentucky J. David Rosenberg College of Law Student, Matthew Givens, addresses the inadequacies of the MLB’s salary arbitration system and advocates for its elimination. His Note details the MLB’s current salary structure, and how the MLB arbitration system got to where it currently stands. Additionally, his Note illustrates the benefits and shortcomings of the salary arbitration system and weighs the two, ultimately concluding that the system’s costs outweigh the benefits by a wide margin and that the salary arbitration system should be replaced.

Read Matt’s Note today: https://www.kentuckylawjournal.org/online-originals/mlbs-major-labor-boondoggle

University of Kentucky J. David Rosenberg College of Law Student, Ben Whatley, advocates for the Kentucky Court of Justi...
08/12/2026

University of Kentucky J. David Rosenberg College of Law Student, Ben Whatley, advocates for the Kentucky Court of Justice to establish protocols to track the prevalence of qualified guilty pleas in criminal proceedings and to gather data on the types of defendants to who use them. He also suggests that Commonwealth and County Attorneys should consider adopting similar policies to the U.S. Department of Justice regarding plea agreements where a defendant is afforded the opportunity to maintain their innocence.

Read Ben’s Note today: https://www.kentuckylawjournal.org/online-originals/kentuckys-alford-predicament

University of Kentucky J. David Rosenberg College of Law Student, Casey Parker-Bell, argues that Kentucky needs an elect...
08/10/2026

University of Kentucky J. David Rosenberg College of Law Student, Casey Parker-Bell, argues that Kentucky needs an election contest system that incorporates barriers using all branches of the state government to prevent frivolous election contests by clear losers in the general election, and that without changes, partisan elected officials could be met with the difficult choice between standing with the true results of an election or siding with their party and overthrowing a fair election by the Commonwealth’s citizens. Casey’s Note explores HB 574 and the current processes for contesting elections for state and local offices in Kentucky, compares these procedures with how other jurisdictions approach the recount and election contest processes, and finally proposes modifications to Kentucky’s recount and election process.

Read Casey’s Note today: https://www.kentuckylawjournal.org/online-originals/separation-of-election-powers

In this co-authored piece, Tobias Huber and Steven G. Dabney, Jr. highlight the differences between the Austrian Constit...
08/07/2026

In this co-authored piece, Tobias Huber and Steven G. Dabney, Jr. highlight the differences between the Austrian Constitutional Court and the United States Supreme Court, analyzing what each court might take away from the other. Focusing on the organizational framework of the courts, with particular emphasis on their institutional design and how they work within the legal frameworks governing them, this Note ultimately argues that the Austrian model is more broadly adaptable to international applicability.

Read their note today: https://www.kentuckylawjournal.org/online-originals/inside-the-courts

Huge congratulations to our incredible editors whose notes have been selected for publication in Volume 115 of the Kentu...
06/13/2026

Huge congratulations to our incredible editors whose notes have been selected for publication in Volume 115 of the Kentucky Law Journal!

We are proud of your achievement and excited to share your work!

University of Kentucky J. David Rosenberg College of Law Student, Katherine Nipper, proposes an enforcement mechanism fo...
06/11/2026

University of Kentucky J. David Rosenberg College of Law Student, Katherine Nipper, proposes an enforcement mechanism for the Supreme Court of the United States’ Code of Conduct, and uses state models as a basis for the proposal. By learning from state-level practices and advocating for reforms at the federal level, the legal community can work toward a judiciary that is both independent and accountable – an institution that the public can trust to provide "Equal Justice Under Law."

Read Katherine's Note today: https://www.kentuckylawjournal.org/online-originals/enforcement-mechanisms-for-supreme-court-ethics-codes

University of Kentucky J. David Rosenberg College of Law Student, Matthew B. Chaney, argues that the use of eminent doma...
06/09/2026

University of Kentucky J. David Rosenberg College of Law Student, Matthew B. Chaney, argues that the use of eminent domain under the Fifth Amendment’s Takings Clause provides a viable legal mechanism for revitalizing Central Appalachia. The note proposes that through eminent domain, state and local governments should condemn underutilized land in order to promote public-oriented redevelopment and address longstanding economic injustice in the region.

Read Matthew's Note today: https://www.kentuckylawjournal.org/online-originals/hope-in-the-holler

In some jurisdictions, if a non-attorney engages in the unauthorized practice of law during the course of litigation, an...
05/27/2026

In some jurisdictions, if a non-attorney engages in the unauthorized practice of law during the course of litigation, any of the non-attorney's actions that constituted unauthorized practice–filing pleadings and motions, for example–may be disregarded as void by the court. This consequence is known as the "nullity rule." In this piece, author John T. Lambert argues that the nullity rule is an ill-advised, judge-made rule that seeks to enforce measures adopted to protect the public in a manner that penalizes the public.

Read John's note today: https://www.kentuckylawjournal.org/online-originals/much-ado-about-nothing

Consumer bankruptcy remains a powerful tool for those who need it, often providing wholesale and wide-sweeping relief. W...
05/26/2026

Consumer bankruptcy remains a powerful tool for those who need it, often providing wholesale and wide-sweeping relief. While it is a system that holds significant power, that system has significant flaws. Those who need it most are being excluded by its complicated rules, structure, and requirements. In her note Tori proposes a new, much less expensive and more streamlined, consumer bankruptcy subchapter designed to be effective for those with low income or small debts. The proposed subchapter aims to give individuals a fresh start and ensure fairness among individuals who may not be able to afford an attorney.

Check out Tori's Note today: https://www.kentuckylawjournal.org/online-originals/consumer-bankruptcy-a-gem-of-the-legal-profession

Amanda Lindsey’s Note argues that the Safer Kentucky Act's $5,000 charitable bail cap is a regressive policy that underm...
04/28/2026

Amanda Lindsey’s Note argues that the Safer Kentucky Act's $5,000 charitable bail cap is a regressive policy that undermines pretrial justice. The piece highlights profound racial and economic disparities within the state's pretrial system, noting that Black Kentuckians are incarcerated at nearly three times the rate of white residents. Lindsey contends that charitable bail organizations provide a vital corrective to these inequities by maintaining court appearance rates above 90% and preventing wealth-based detention. To remedy these systemic failures, the Note argues that Kentucky must repeal the charitable bail cap and implement broader structural reforms. By adopting equitable risk assessment models like the CPAT-R and looking to successful bail reforms in Illinois and New Jersey, Kentucky can align its pretrial policies with justice and efficiency rather than wealth.

Check out Amanda's Note today: https://www.kentuckylawjournal.org/online-originals/justice-on-a-budget-the-50000-charitable-bail-cap-in-safer-kentucky

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