Kentucky Law Journal

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

Congratulations to Conor Washburn on being published in Volume 114 of the Kentucky Law Journal Online! His piece argues that the FISC operates as an anomaly by claiming administrative exceptionalism, asserting that the public has no First Amendment right of access to its rulings, thereby embedding an unreviewable system of executive power into the legal framework.

Check out Conor's note today: https://www.kentuckylawjournal.org/online-originals/national-security-vs-constitutional-transparency-reassessing-the-experience-and-logic-test-rg7e7

Many of the victims’ rights frameworks—whether through state constitutional amendments or statutes—include the right for the victim to be present throughout the trial, which has potential implications on witness sequestration rules should a victim be called as a witness. As the victims’ rights movement continues to achieve success through state advocacy, the tension between the rights of defendants versus the rights of victims will continue to be hotly contested. One of the most interesting tensions in these debates—a defendant’s right to a fair trial versus a victim’s right to attend a trial despite serving as a witness—requires thoughtful analysis as to its potential implications in the criminal justice system, for both defendants and victims alike.

KLJ Volume 114, Staff Editor, Madelin Shelton analyzes the legal implications of a victim’s right to be present throughout trial when they are a witness, and a defendant’s right to a fair trial under the Sixth Amendment. Read Madelin’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/defendant-vs-victim-the-victims-rights-movement-and-its-potential-impact-on-the-right-to-a-fair-trial

Every four years in Kentucky each county elects their own jailer. As time has passed, and budgets have tightened, jails all over Kentucky have closed their doors. Now, Kentucky has forty-three counties without jails, but with elected jailers.

KLJ Volume 114, Staff Editor, Mallie Cornett explains the significance and effects of “no-jail” jailers on Kentucky’s taxpayers. Read Mallie’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/jailers-without-jails-why-is-kentucky-the-only-state-that-still-elects-jailers-as-constitutional-officers

Kentucky has the highest rate of new lung cancer rates in the nation. While smoking is often cited as the primary explanation for the Commonwealth’s high lung cancer rates, it is not the whole story. An invisible killer, radon, is the second leading cause of lung cancer in the United States and the leading cause among nonsmokers. Kentucky naturally has one of the highest average radon levels in the country due to the state’s geological makeup, and given this enhanced rate of radon, Kentucky has strong reason to adopt preventative measures in construction techniques to help defeat this invisible killer.

KLJ Volume 114, Staff Editor, Maiah Cisco analyzes the risk radon poses to the citizens of the Commonwealth and proposes regulatory solutions for new constructions that would help combat this invisible threat. Read Maiah’s blog on the Kentucky law Journal Online today: https://www.kentuckylawjournal.org/blog/an-invisible-killer-radon-exposure-and-kentuckys-lack-of-regulation

Vehicle towing often leaves the public exposed to predatory practices. Given the towing industry’s rapid expansion, its role in the seizure of personal property, and an increase in predatory towing claims, U.S. citizens are placed in an increasingly vulnerable position. While state-level towing protections vary significantly across the country, citizens can capitalize on the Fourth Amendment's protections to combat predatory towing practices. The problem, however, is that the scope of this constitutional protection is indeterminate in the face of a growing circuit split.

KLJ Volume 114, Staff Editor, Ursula Fuller-Wisner analyzes the legal conclusions and precedent on both sides of the vehicle towing circuit split and illustrates how the persistent circuit split marks a critical evolution in Fourth Amendment jurisprudence that will impact the future of property rights in America. Read Ursula’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/towing-the-line-navigating-the-jurisdictional-divide-over-the-duration-of-fourth-amendment-seizures

Congratulations to Dalton Gregory on being published in Volume 114 of the Kentucky Law Journal Online! His piece argues that by recalibrating its regulatory approach to better balance safety with economic freedom, Kentucky can strengthen local food systems and align its cottage food laws with contemporary economic and public health realities.

Check out Dalton's note today: https://www.kentuckylawjournal.org/online-originals/restricting-home-cooked-meals-an-analysis-of-kentuckys-cottage-food-laws

The average patron who walks into a Kentucky racetrack might expect extravagant outfits, mint juleps, and rows of live thoroughbreds charging down the track. That traditional image still exists. Yet, it is no longer the only defining feature of Kentucky’s racing landscape. Walk into the Red Mile in Lexington on a typical day, and the most prominent form of wagering is not on live racing, but on a large gaming floor filled with electronic terminals. The rise of Historical Horse Racing machines illustrates a broader feature of modern gambling regulation: Whether a new wagering technology is permissible often turns less on how it functions and more on how the law chooses to define it.

KLJ Volume 114, Staff Editor, Jay McCormick shows how Kentucky’s racing landscape is being shaped not only on the track, but also in the text of the law. Read Jay’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/legal-labels-and-digital-reels-the-rise-of-historical-horse-racing-in-kentucky

Public agencies across the Commonwealth are rapidly adopting generative AI, necessitating consideration of internal policies to address its use. However, as a recent Kentucky Attorney General Opinion shows, a carefully crafted policy may allow these agencies to shield their AI usage from the general public. Kentucky public agencies and their policymakers should consider the decision’s impact on their Kentucky Open Records Act obligations.

KLJ Volume 114, Staff Editor, Nathan Brummett argues that agencies that follow the guidance of the Kentucky Open Records Act can place themselves on the forefront of AI usage in public agencies while still ensuring they remain compliant with the spirit of the Act. Read Nathan’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/preliminary-by-policy-ai-policys-impact-on-open-records-in-kentucky

An effective process to discharge federal student loan debt in bankruptcy was created in guidance published by the Department of Justice (“DOJ”) to its attorneys in 2022. Yet, despite a growing number of student loan borrowers falling irretrievably into arrears, many continue to view student loans as practically non-dischargeable. Kentucky practitioners who represent consumers in bankruptcy should familiarize themselves with the DOJ’s process for discharging student loan debt.

KLJ Volume 114, Staff Editor, Jon E.B. McGee argues Kentucky practitioners should consider all alternatives for their clients burdened by student debt. Read Jon’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/the-effective-but-underutilized-way-to-discharge-student-loan-debt-in-bankruptcy

Kentucky has a regrettable history of providing inadequate protection to the animals that call the Bluegrass home. While the Commonwealth has made considerable improvements to its animal protection laws in recent years, it is essential the legislature continues to close the large gaps that exist, because Kentucky’s animals deserve more than the bare minimum.

KLJ Volume 114, Staff Editor, Julia Wattenbarger advocates for increasing animal protection legislation in the Commonwealth. Read Julia’s blog on the Kentucky Law Journal Online today: https://www.kentuckylawjournal.org/blog/slow-strides-in-the-bluegrass-kentuckys-recent-animal-protection-legislation-and-the-long-road-to-reform