Administrative Law Commons^™

The Supreme Court's Goldilocks: Why The Major Questions Doctrine Is The Ideal Compromise Between Two Unattractive Extremes, Bradley P. Simpson

Kentucky Law Journal

No abstract provided.

The Major Question Left For The Roberts Court, Will Chevron Survive?, Caleb B. Childers

Kentucky Law Journal

No abstract provided.

Against Algorithmic Auer Deference, Chad Squitieri

Kentucky Law Journal

No abstract provided.

The Interpretive Foundations Of Arbitrary Or Capricious Review, Alexander Mechanick

Kentucky Law Journal

No abstract provided.

New Title Ix Rules Come Under Cross: Due Process Requirements And Direct Cross-Examination In Campus Sexual Assault Cases, Bailey Browning

Kentucky Law Journal

No abstract provided.

Balancing Broad Disclosure And Candid Consideration: Third-Party Consultants And Intra-Agency Exemptions Under The Freedom Of Information Act, Zac Losey

Kentucky Law Journal

No abstract provided.

Administering Money: Coinage, Debt Crises, And The Future Of Fiscal Policy, Rohan Grey

Kentucky Law Journal

No abstract provided.

West Virginia V. Epa: Consideration For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Shavonnie Carthens examines the implications of West Virginia v. EPA, emphasizing how the Supreme Court’s use of the major questions doctrine creates uncertainty around the Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions. It argues that, in light of the doctrine’s growing influence and the end of Chevron deference, Congress should revise the Clean Air Act to explicitly authorize the EPA to regulate greenhouse emissions through system-based transitions to cleaner power-generating sources, public health-conscious considerations, and multi-agency regulatory approaches to ensure durable and effective climate policy.

Quieting The Cacophony: How To Reduce Greenwashing And Environmental Damage From The Food Industry, Alex Woodward

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Alex G. Woodward addresses the problem of greenwashing and environmental harm caused by industrial agriculture and misleading food labeling. Woodward explains that while agriculture is essential to feeding a growing global population, its large-scale, profit-driven practices cause significant environmental damage. Woodward argues for a strategy that compels transparency through warning labels and expanding credible certification frameworks. Woodward proposes that the USDA implement a tiered labeling system under its Organic Program and require factual, noncontroversial disclosures about environmental harms on food packaging, with the goal of informing consumers, restoring trust, and incentivizing environmentally responsible agricultural practices.

This Land Is Our Land: Addressing Foreign Ownership Of Agricultural Land In The United States, Will Miller

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Will Miller examines the rapid increase in foreign ownership of U.S. agricultural land and the national security and food security risks it creates. He explains that the Agricultural Foreign Investment Disclosure Act (AFIDA) only requires reporting of foreign ownership but imposes no restrictions, leaving regulation largely to a patchwork of state laws. Miller argues for federal oversight, contending that matters of foreign affairs and national security are best handled at the national level. He proposes a comprehensive federal regulatory scheme which would set nationwide minimum standards such as prohibiting ownership by foreign adversaries and capping total foreign-held …

The Impact Of Veterinary Stewardship Program Implementations On Backyard Chicken Farming In Rural Georgia, Lauren Ashley Herrin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Lauren Ashley Herrin examines the impacts of new FDA veterinary stewardship regulations on backyard chicken farming in rural Georgia. She explains that requiring prescriptions for previously over-the-counter antibiotics disproportionately harms low-income and rural communities by limiting access to affordable veterinary care, worsening risks of disease spread and public health threats. Herrin argues for policy approaches that balance antimicrobial resistance concerns with the realities of rural accessibility. She proposes solutions such as telehealth veterinary consultations, scholarship programs to encourage rural veterinary practice, and expanding prescriptive authority for veterinary technicians to ensure sustainable animal health care in underserved areas

Pesticide Lies! A Call For Epa Action As Recent Judicial Decisions Reveal The Harmful Truth Resulting From Exposure, Stevi Whitman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Stevi Whitman analyzes the dangers of weak pesticide regulation in the United States. Whitman explains that the EPA’s reliance on the vague “unreasonable adverse effects” standard under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allows harmful products like Roundup to remain on the market despite strong evidence of health risks. Whitman argues for strengthening U.S. pesticide laws to match the European Union’s stricter safety threshold. She proposes amending FIFRA to require proactive bans on hazardous pesticides and greater accountability from manufacturers to better protect public health and the environment.

A Legislative Call-To-Action: Applying Capture Theory To Combat The Risk Of Private Industry’S Excess Influence Over The Fda’S Regulation Of Livestock Antibiotics, Nathaniel Richey

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Making Sense Of “Commence” In The Clean Water Act’S Diligent Prosecution Bar, Isa Harrison

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Delta-Late: How The Contentious And Hazy Legal Status Of Delta-8 Thc Reveals Kentucky’S Need For Federal Regulatory Guidance, Georgiana Ledford

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Personalizing Prices To Redistribute Wealth In Antitrust And Public Utility Rate Regulation, Ramsi A. Woodcock

Law Faculty Scholarly Articles

The information age is enabling firms with even small amounts of market power to personalize the prices they charge to each consumer in the market. Left to their own devices, firms will use this new power to increase profits by charging prices personalized to the maximum that each consumer is willing to pay. But government can also use the new power to personalize prices to equalize wealth—by insisting that firms personalize high prices to the rich and low prices to the poor—and most of the legal rules needed to do so are already in place. Both the antitrust laws and …

Whiskey Business: The Environmental Hazards Of The Bourbon Industry And Proposed Regulatory Solutions, Zachary D. Mills

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Multi-Level Marketing Pandemic, Christopher G. Bradley, Hannah E. Oates

Law Faculty Scholarly Articles

Among the societal effects of the COVID-19 pandemic has been a sharp rise in the activities of multi-level marketing companies (MLMs). MLMs are business enterprises in which participants seek not only to sell products to friends, family, and social media contacts, but also to recruit them as MLM participants, with the promise of "building their own business from home."

False promises often pervade MLM sales pitches. Evidence shows that few participants see even a dollar of profit from their MLM work; the vast majority of recruits quickly abandon their MLM dreams and lose their investments. Yet the pitch has become …

Vicarious Liability For Mine Safety And Health Violations, William K. Doran

Journal of Natural Resources & Environmental Law

No abstract provided.

The Shrinking Reach Of The Commerce Power: Is Wetland Jurisdiction In Danger?, Jonathan G. Hieneman

Journal of Natural Resources & Environmental Law

No abstract provided.

Federal Groundwater Regulation And Policy: Improvements Under The Horizon?, Allyn G. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.

The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Kathy G. Beckett, Becky L. Jacobs

Journal of Natural Resources & Environmental Law

No abstract provided.

How The Energy And Water Development Appropriations Act Of 1993 Has. Impacted The Constitutional Dynamics Of Federal Wetlands Delineation And Regulation, James J. S. Johnson, William Lee Logan Iii

Journal of Natural Resources & Environmental Law

No abstract provided.

Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks

Journal of Natural Resources & Environmental Law

No abstract provided.

Retroactive Liability For Clean-Up Of Hazardous Waste In Atlas V. United States: The Nuclear Industry's Failed Attempt To Make The Government Pay, Mary Boaz

Journal of Natural Resources & Environmental Law

No abstract provided.

The Applicant Violator System Under Smcra: Ownership And Control Regulations, Chauncey S. R. Curtz, Karen J. Greenwell

Journal of Natural Resources & Environmental Law

No abstract provided.

Edf V. Epa: The Dispute Surrounding Mining Waste Regulation Under The Bevill Amendment, Yvette R. Hurt

Journal of Natural Resources & Environmental Law

No abstract provided.

Inequitable Valuation In Regulatory Takings Cases: Compensation That "Goes Too Far", Lori C. Hudson

Journal of Natural Resources & Environmental Law

No abstract provided.

Pre-Rulemaking Regulatory Development Activities And Sources As Variables In The Rulemaking Fairness Calculus: Taking A Soft Look At The Ex-Apa Side Of Environmental Policy Rulemakings, Blair P. Bremberg

Journal of Natural Resources & Environmental Law

No abstract provided.