A purely coincidental tie-in to one of the cases discussed below, Cape Publications Inc v University of Louisville Foundation Inc., involving access to university foundation records.

The same issue is currently before a Virginia court as well as other state courts.

As indicated, the stakes in these cases are very high, determining whether public universities should be permitted to secret away public records in "private" foundations. Kentucky's courts answered this question with an emphatic "no."

Subsequent revelations of rampant corruption and mismanagement at the University of Louisville Foundation confirmed the importance of the Kentucky Supreme Court's 2008 opinion favoring the public's right to know.