Blog


Apocalypse Coal: Why it May Be Necessary to Amend Title IV of the SMCRA

Coal’s reign in the energy domain may be at its twilight hour,[1] but it still remains to be an important mineral: Coal accounted for 23% of U.S. electricity production[2] in 2019 and it also provides the primary source of funding for ongoing mine site reclamation. Usually, income from mining operations fund reclamation efforts directly as operators pay to restore mined land after extracting permitted coal reserves. However, income from operations may also indirectly fund reclamation considering that premiums paid on surety performance bonds create the economic incentive for insurance companies to guarantee reclamation in the event of a default.[3] As a result of this reclamation system, returning mined land back to its original state depends, to some degree, upon the continued success and survival of the coal industry.

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Strange Clouds: A Discussion of the Recent EVALI Outbreak and the FDA’s Approach to Regulating the Vaping Industry

As the medical field continues to devote much of its attention towards the ongoing COVID-19 pandemic, a new threat to public health has unfortunately emerged—E-cigarettes or Vaping Associated Lung Injury (“EVALI”).[1] Although EVALI is a relatively new medical phenomenon, as of February 18, 2020, sixty-eight Americans have died from EVALI, and a reported 2,807 Americans have been hospitalized as a result of the illness.[2] With the number of individuals who vape expected to reach 55 million this year,[3] the vaping industry is in desperate need of uniform, federal regulation aimed at ensuring manufactures adequately warn individuals about the serious health risks associated with vaping.[4]

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EA Sports: It's in the Game–But is it in the Law?

On February 2, 2021, Electronic Arts (EA) announced the long-awaited return of their popular college football video game.[1] The game highlights the college football experience from recruiting, to on field play, and the most popular feature–a Dynasty mode where players can act as a coach and build their dream teams.[2] EA Sports, a subsidiary of EA, started their college football franchise in 1993 with “The Grandaddy of Them All” Bill Walsh College Football.[3] The game did not feature any of the schools until it received the proper licensing in 1995 with the next game in the franchise, College Football USA, which was the first game to include all Division 1-A teams.[4]

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A Wolf in Sheep’s Clothing: June Medical and the Uncertain Future of Abortion Rights

In their most recent consideration of abortion rights, the Supreme Court’s decision in June Medical Services L.L.C. v. Russo seemed to reaffirm the Court’s protective standard for women established by Roe v. Wade and its progeny. June Medical invalidated a Louisiana statute requiring abortion providers to retain admitting privileges at local hospitals.[1] However, the 4-1-4 decision is a wolf in sheep’s clothing, delivering a clandestine blow to the Court’s protective standard for abortion rights. The splintered opinions risk a litany of ramifications that could denigrate Roe v. Wade[2] and abortion access.[3] Following June Medical, lower courts have struggled with determining what controlling rule remains to analyze restrictions on abortion services, arriving at different conclusions.

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Tag, You’re Seized: The Supreme Court Defines 'Seizure'—Now What?

As recent violent altercations between the police and civilians have led to calls for Congress to pass legislative reform, the Supreme Court issued an opinion on March 25th, that appears to give victims of police violence a chance in court.[1] In Torres v. Madrid, the Court provided a bright-line rule for what constitutes a “seizure” which closes a large loop-hole that has allowed police misconduct to go unchecked for many years.[2]

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‘Belong Anywhere?’: Addressing Airbnb’s Housing Discrimination Problem

With an estimated net worth of $113.9 billion by 2027, the short-term rental market is booming in the United States and abroad.[1] Despite the ongoing COVID-19 pandemic, Americans are still loading up their minivans for short, weekend trips that are close to home.[2] Websites like Airbnb, Vrbo, and HomeAway offer stays in shared or private homes, apartments, condominiums, and the occasional hotel room. Other websites, such as Glamping.com and GlampingHub, cater to the more adventurous traveler, advertising unique stays in yurts, tents, teepees, igloos, and treehouses all across the country. One website in particular, Airbnb, has dominated the short-term rental market in recent years and is worth more than the three largest hotel chains, combined, as of December 2020.[3]

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The Equal Rights Amendment: No Expiration Date to Put Women in the Constitution

“The women of this country have waited over two centuries to be afforded equal protections under this country’s founding document.”[1] The Equal Rights Amendment (“ERA”) has endured an almost centennial-long battle in the United States’ legal system. Proposed in 1923 by two leaders of the National Women’s Party, Alice Paul and Crystal Eastman, the Amendment provides that: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”[2]

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The Astros Cheated: Calling for the Recognition of a New Flavor of Judicial Standing Following the 2019 World Series

November 2019, the world of professional sports was rocked to its core when it was reported that Major League Baseball’s Houston Astros had cheated their way to a World Series victory in 2017,[1] using video technology to steal signs between the opposition’s pitcher and catcher and conveying the sign to Astros’ batters.[2]

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Forced into Fitness: The Need for the Legal Profession to Update its Mental Health Approach

At the freeing age of sixteen, the only obstacle to unbridled rebellion is making sure you ask for permission to borrow the car. Unbeknownst to you, you are traveling in a speed restricted school zone and now have a ticket to explain to your parents. Years later, you apply to law school. Suddenly that ticket becomes relevant once again.

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One Virus, Two Results: Contrasting the Judicial Response to COVID-19 in Michigan and Kentucky

On March 11, 2020, the World Health Organization labeled the emerging COVID-19 respiratory virus a pandemic. In the months afterwards, states and local governments across the country implemented drastic measures restricting the movement of their citizens in an effort to “stop the spread” of the novel coronavirus. In most cases, these orders came from state executives, often relying on rarely-used emergency powers.

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A Silver Lining of COVID-19: Telehealth and the Appalachian Healthcare Landscape

In 2020, the COVID-19 pandemic truly altered the world around us. Many things have changed, but not all of these changes are necessarily bad. If there is a silver lining, it might be the way the world has come together through innovation. One such innovation, though not entirely novel, is the unprecedented adoption and growth of Telehealth in America.

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Show ‘Em a Red Card: The U.S. Women’s National Soccer Team and Their Fight for Pay Equity

In just a few weeks, the United States Women’s National Soccer Team (USWNT) will compete for its fifth Olympic gold medal. Ranking as the top team in the world, this pursuit comes on the heels of the team winning the 2019 FIFA Women’s World Cup. An astonishing accomplishment, USWNT is now the second national team to win back-to-back tournaments and the only with four Women’s World Cup titles.

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The Chilling Effect of Aggressive Police Responses to Peaceful Protests

On October 26, 2020, the United States Senate voted to confirm Seventh Circuit Court of Appeals Judge Amy Coney Barrett to the Supreme Court of the United States. This 52-48 vote fell largely on partisan grounds, becoming the first Supreme Court confirmation in modern times to receive no support from the minority party.

Though, before being confirmed as the 115th Associate Justice to serve on the United States Supreme Court, then-Judge Barrett faced questioning from members of the Senate Judiciary Committee on her judicial philosophy and legal knowledge. When responding to a question from Nebraska Sen. Ben Sasse asking her to name the five freedoms granted by the First Amendment of the United States Constitution, Judge Barrett faltered.

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Sword or Shield? Religious Hospitals, Secular Practitioners, and Expansion of the Ministerial Exception

At the intersection of two entrenched principles—freedom from workplace discrimination and unfettered religious practice—sits a doctrine called the ministerial exception. The doctrine gives deference to religious institutions’ internal employment practices regarding its “ministers,” providing immunity from employment discrimination claims. First discussed in the aftermath of the Civil Rights Act of 1964, the doctrine permeated lower courts for decades before the Supreme Court finally granted it ultimate legitimacy in 2012.

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Kentucky Must Pony Up to the 21st Century: The Path Towards Sports Betting in the Bluegrass State is Worth the Gamble

Kentucky has not yet legalized sports gambling. In early 2020, there was a bill with bipartisan support and enough votes in the General Assembly to pass should it be called to the floor. However, Republican leadership in the Senate refused to call the bill without the support of their caucus. Kentucky’s neighbors have chosen to do so and are experiencing financial rewards, despite the desperate economic context created by a pandemic. It is in the best interest of Kentuckians and Kentucky’s economy to legalize sports betting. It is time for Kentucky to get in the game.

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Zachary Losey
Neither Toothless Nor Rigid: Kentucky’s Nondelegation Doctrine as Applied to Governor Beshear’s Emergency Response to COVID-19

On September 17, 2020, the Kentucky Supreme Court heard oral arguments from attorneys representing Governor Andy Beshear and various Kentucky businesses regarding Beshear’s use of emergency power to combat the spread of COVID-19 in Kentucky. Various challenges have been made to their validity, including Attorney General Daniel Cameron's argument that they violate the nondelegation doctrine...

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Zachary Losey
Google v. Oracle: Issues & Analysis

On October 7, the U.S. Supreme Court held oral arguments for Google v. Oracle, a copyright case that could have massive implications for technology companies. The issues involved are complex, but essentially boil down to whether copyright protection extends to a software interface.

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Zachary Losey