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Table Of Contents For Volume 1, Issue 1, Journal Of Mineral Law & Policy

Journal of Natural Resources & Environmental Law

No abstract provided.

What Those Shocking Texas Power Bills Have In Common With Uber Surges, Broadway Tickets, And Airfare, Ramsi Woodcock

Law Faculty Popular Media

You might think that the $17,000 bills that Texas electricity providers are sending to customers who kept their lights on during last week’s historic storm reflect red state libertarian ideology run amuck. But you would be wrong.

They are actually the product of the exact same approach to markets reflected in the congestion-pricing plan for midtown Manhattan adopted by the New York State legislature in 2019, in the way Broadway priced tickets for shows like The Lion King and Wicked before the pandemic, and the way airlines have been pricing seats for years.

The problem is not ideological but intellectual, …

The Glass Is Half Full But Contaminated: An Analysis Of The United States’ Financial Investment In The Drinking Water Infrastructure System, Maya Marshall

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Invoking Criminal Equity's Roots, Cortney Lollar

Law Faculty Scholarly Articles

Equitable remedies have begun to play a critical role in addressing

some of the systemic issues in criminal cases. Invoked when other

solutions are inadequate to the fair and just resolution of the case,

equitable remedies, such as injunctions and specific performance,

operate as an unappreciated and underutilized safety valve that

protects against the procedural strictures and dehumanization that are

hallmarks of our criminal legal system. Less familiar equitable-like

legal remedies, such as writs of mandamus, writs of coram nobis, and

writs of audita querela, likewise serve to alleviate fundamental errors

in the criminal process. Several barriers contribute to the …

A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Rethinking The Appalachian Economy: How Modern Technology Can Transform Agriculture In Mountainous Regions, Ben Childers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Food Justice For All: Tailoring Urban Agriculture Law To Aid Disadvantaged Communities, Seth Stevens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

"How The Sausage Gets Made": Voter Id And Deliberative Democracy, Joshua A. Douglas

Law Faculty Scholarly Articles

In 2020, Kentucky became the twentieth state to enact a law that requires voters to show a photo ID at the polls to vote. Yet the law is one of the most mild and reasonable photo ID laws to pass in recent memory. This article tells the inside story of how that law came to be. And it presents the broader story of how the process of crafting legislation, when employing a theory of deliberative democracy, can increase legitimacy and produce better results for the functioning of our elections. The Kentucky story therefore offers important lessons for election law policy …

The Role For Local Government In Promoting Environmental Policy, And How Louisville Is Mirroring National Trends, Cassie Chambers Armstrong

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Adjudicating On-The-Track Outcomes In Kentucky: Why Horse Administrators Should Provide Competitors A Right To Review, Howard Ball

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Horses, Humans, And The Law: A Study Of Four Pillars Of Support For Horse Ownership, Elaine M. Ramesh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Hidden Rules Of A Modest Antitrust, Ramsi Woodcock

Law Faculty Scholarly Articles

Reforming antitust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that enforcers do bring. Enforcement costs matter because enforcers’ budgets are limited—they have failed for a long time to keep up with GDP—and the rule of reason’s emphasis on case-specific effects makes it costly for enforcers to identify good cases to bring. The Supreme Court’s adoption of the rule of reason approach …

Sec No-Action Letter Request, Brian L. Frye

Law Faculty Scholarly Articles

No abstract provided.

Everything You Always Wanted To Know About Gouging (But Were Afraid To Ask): A Response To Ramsi Woodcock, Brian L. Frye

Law Faculty Scholarly Articles

Good scholarship makes you change your mind, but great scholarship

makes you think differently. As usual, Ramsi Woodcock's article "The Efficient

Queue and the Case Against Dynamic Pricing", is great, because it made me

think differently about price regulation. Woodcock observes that prices not

only communicate information, but also redistribute resources. Sometimes,

producers change prices in response to competition or changes in the cost of

production. But other times, they change prices just because they can.

When prices reflect the marginal cost of production, consumers benefit

from market efficiencies. But when prices reflect a surge in demand, they

simply transfer …

Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis

Law Faculty Scholarly Articles

Requiring masks at the polls might implicate a clash between two vital rights: the constitutional right to vote and the right to protect one’s health. Yet the debate during the 2020 election over requirements to wear a mask at the polls obscured one key fact: a majority of Americans supported a mask mandate for voting. That is the new insight we provide in this Essay: when surveyed, Americans strongly supported safety measures for in-person voting, and that support was high regardless of partisanship. One implication of our results is that by making some widely supported safety modifications, state election officials …

The Right Of Reattribution, Brian L. Frye

Law Faculty Scholarly Articles

Usually, authors love their works as their children: fiercely and unconditionally. Indeed, many authors refer to their works as their “children,” and some show far more solicitude for their aesthetic children than their actual ones. Of course, authors can also be cruel to their works. As William Faulkner famously observed, “In writing you must kill all your darlings.” But even such merciless culling doesn’t prevent authors from loving what survives. If anything, their love only deepens with each sacrifice.

But even the filial bond can be broken. Many disappointed parents have disowned their prodigal children. Sometimes the relationship can be …

Nfts And The Art World - What's Real, And What's Not, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the reality and mythology of NFTs in art law and in the art world by unpacking six myths, misconceptions, and poorly understood truths about NFTs that prevent persons, and particularly art law lawyers, from understanding the role NFTs are playing and could play in the art world and beyond. The Article discusses the legal and financial attributes and potentialities of NFTs for artists, galleries, dealers, investors, museums, and, most especially, for lawyers who advise the players in the art world. The six myths or misconceptions are:

-Myth 1: NFTs are artworks.

-Myth 2: NFTs create a false …

Maybe Coal Shouldn’T Keep The Lights On: An Analysis Of Climate Change In Kentucky And Potential Legislation That Could Mitigate Its Effects, Shelby Lamar

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Unprotected And Overworked: An Analysis Of The Abuses Migrant Horse Workers Face Under The H-2b Program, Jocelyn Lucero

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Kentucky Workers’ Compensation Laws: Mulling Over The “Agricultural” Exemption, Bennett Z. Tuleja

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Kentucky’S Hunger Crisis: A Preventable & Overlooked Tragedy, Ryan Quarles

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Old World Regulations And New World Flexibility: Countering The Effects Of Climate Change On Wine, Seth Stroud

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Uncommon Issues With Industrial Hemp Production Contracts, Rusty W. Rumley, Scout Snowden

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Hemp's Arbitrary 0.3% Thc Legal Standard And The Consequences Of Applying Such Standard, Michelle Bodian, Shawn Hauser

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Placing Bets On Adw Legality: An Inquiry Into Off-Track Horse Gambling, Thomas Staffieri

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Got Hemp? A Call For A Hemp Checkoff, Mitchum A. Whitaker

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Is That What I Meant To Say: Using Reverse Outlines To Enhance The Revising Process, Melissa N. Henke

Law Faculty Popular Media

Each fall, I begin the process of evaluating and commenting on student memos, providing formative feedback that messages the expectations of a busy, doubting legal reader. Most students quickly learn that the revising process can take longer, and at times be more daunting, that the original drafting process. A reverse outline can help respond to cognitive process obstacles that plague writers during the revising process.

Electrifying: Facilitating The Transition To Electric Lawn And Garden Equipment, Bryan Hull, Ryan Murphy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.