Kentucky Law Journal

The rise of dark kitchens has introduced new legal issues, specifically concerning the enforceability of arbitration agreements for meal delivery drivers. These agreements, which often prevent drivers from pursuing class action arbitration or lawsuits, are normally upheld under the Federal Arbitration Act (FAA). Recent rulings have clarified that meal delivery drivers are not exempt from arbitration, even if their meals are made with components that come from outside the state they are delivering in. KLJ Vol. 113 Staff Editor John Lambert analyzes how courts may be likely to follow the holding in Immediato v. Postmates, Inc., which treats dark kitchens as local manufacturers, meaning arbitration agreements will likely remain enforceable, limiting legal recourse for drivers. Read Lambert's Blog on KLJO: https://lnkd.in/gNirmgJv

No amount of restorative justice will ever be able to compensate for the loss and grief caused by school shootings. However, the continuous growth of school shooting across the nation has pushed lawmakers, public officials, and prosecutors to look for new ways to put an end to the horror being sown in our schools. KLJ Vol. 113 Staff Editor Nathan Clark analyzes how preventative legislature may be helpful in minimizing the possibility of mass shootings by children and also advocates for more states to consider implementing a new type of prosecution. Read Clark's Blog on KLJO today: https://lnkd.in/deRN2yTJ

Immigration has been one of the most controversial topics in the 2024 election season across party lines. There are significant roadblocks to President-elect Trump's deportation plan, and he may be inclined to resort to withholding grant money, reigniting a circuit split and delaying immigration reform further. KLJ Vol. 113 Staff Editor @Ben Scott analyzes how the Tenth Amendment protects states from compulsory cooperation with the largest deportation plan in U.S. history. Read Benjamin's Blog on KLJO today: https://lnkd.in/g3xRaCCw

Piece-rate pay in construction boosts productivity by rewarding workers based on output, yet, it often leads to unsafe practices as workers prioritize speed and money over safety. KLJ Vol. 113 Staff Editor Hector Gagnet addresses that this issue creates a significant challenge for OSHA, as enforcing safety standards in this environment can compromise the efficiency that the industry depends on. Can a balanced solution protect both worker safety and productivity? Read Hector's blog on KLJO today: https://lnkd.in/gHkPFwbd

On July 15, 2024, House Bill 7 established a regulatory framework that allowed fully autonomous vehicles on Kentucky’s roads. Though House Bill 7 marks a significant step forward in Kentucky’s adoption of fully autonomous vehicles, the journey toward widespread acceptance and implementation is fraught with challenges. KLJ Vol. 113 Staff Editor Claire Gussler discusses the concerns about safety, cybersecurity, and technology that persist. She argues that a balanced dialogue between critics and advocates will be essential in shaping the future of transportation. Read Claire's Blog on KLJO today: https://lnkd.in/gMPDn7hd

Since 1984, Chevron required courts to defer to an agency’s reasonable interpretation of the law when determining the meaning of an ambiguous statute, even when the court disagreed with the agency’s construction. Yet now, under Loper Bright, courts must exercise their independent judgment when deciding if an agency acted within its authority and need not defer to an agency’s interpretation of a law. KLJ Volume 113 Staff Editor Bradley Simpson argues that in an election year teeming with implications for democracy, perhaps the vigilant eyes of “We the People” should take care to monitor the Supreme Court’s continued aggrandization of policymaking discretion. Read Simpson's Blog on KLJO: https://lnkd.in/g2HjycD2

Jacob Bush argues that habitual offender statutes have a detrimental effect to our society. Due to their often unfair uses by prosecutors, extreme sentencing for low-level offenders, and harmful economic effects on the public, these statutes must be abolished. The solution requires both a procedural and substantive change. To ensure fairness, the procedures that apply to habitual offender statutes should be similar to the procedures for capital punishment defendants. Bush argues that substantively, HFO statutes should be revised to exclude low-level felonies. Read Bush's Online Original on KLJO: https://lnkd.in/gG9UnZgx

Check out the new spotlight on Robert Tsai. Tsai is a Professor of Law and Harry Elwood Memorial Scholar at Boston University School of Law and a ’24-’25 Laurance S. Rockefeller Visiting Faculty Fellow at the University Center for Human Values at Princeton University. Read Tsai's essay on KLJO today: https://lnkd.in/geb6H698

TikTok is currently the subject of a unique paradox: the 2024 presidential candidates are utilizing TikTok to reach younger target audiences, while several states have filed lawsuits against the app because of its harmful effects on young users. KLJ Vol. 113 Staff Editor Riley Fort explains how despite concerns about TikTok’s harmfulness to young users, TikTok’s role in this election is crucial – and potentially a game-changer. Read Fort's Blog on KLJO today: https://lnkd.in/dDuFq6aU

Earlier this year, the United States Supreme Court in Loper Bright Enterprises v. Raimondo overruled the Chevron doctrine, sending shockwaves through the legal community. KLJ Vol. 113 Staff Editor Alex Heaton explains how this decision could have a substantial impact on how interpretive regulations are issued by the Department of the Treasury and the Internal Revenue Service under the general authority statute in I.R.C. § 7805(a). Read Heaton's Blog on KLJO today: https://lnkd.in/g56iVjxh