Washburn Law Journal

Recent Blog Post

Photograph: Judge Daniel Coble. Warrantless Blood Tests and Unconscious Drivers – What United States v. Mitchell Does (and Doesn’t) Say by Professor Jeffrey Jackson | September 10, 2019
On June 27, 2019, the last day of the term, the Supreme Court handed down its decision in Mitchell v. Wisconsin, __ U.S. ___, No. 18-6210 (June 27, 2019). The case, which addressed a blood draw conducted on an unconscious DUI suspect, was overshadowed by the two other cases handed down that day, one declaring partisan gerrymandering to be a nonjusticiable political question, and another continuing to block the addition of a citizenship question to the 2020 Census. Further, what coverage Mitchell received tended to be misleading, suggesting that the Court’s rule actually went further than it did. However, Mitchell, in which the Court, in a plurality opinion, determined that when a driver is unconscious, cannot be given a breath test, and is required to be taken to a hospital because of his or her condition, the exigent-circumstances doctrine generally permits a blood draw without a warrant, has the potential to be a useful case for law enforcement, prosecutors, defense attorneys and judges dealing with the very specific problem of a DUI suspect who is unconscious or otherwise unable to submit to a breath test.

Recent Comment

The Disconnect of Student Loan Dischargeability in Bankruptcy [In re Engen, 561 B.R. 523 (Bankr. D. Kan. 2016)]

Colin T. Halpin | November 8, 2019 | Read this comment

Summary: Student loan debt represents an area of significant disconnect between nondischargeability and priority status. Many debts that are nondischargeable based on public policy reasons are also given priority status to promote preferred payment. However, student loan debts are not generally discharged through bankruptcy, nor are they normally given preferential treatment to assist in repayment. This disconnect will only continue to grow as the overall level of student loan debt increases. Immediate action is required to address this disconnect and create a solution to better help future student loan debtors.

Preferred Citation: Colin T. Halpin, The Disconnect of Student Loan Dischargeability in Bankruptcy, 59 Washburn L.J. Online __ (2019).

Print Submissions

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42nd Annual Foulston Siefkin Lecture
Photograph: Matthew Tokson.

Washburn University School of Law
and the Washburn Law Journal
proudly present

Matthew Tokson
Associate Professor
University of Utah
S.J. Quinney College of Law

"The Next Wave of Fourth Amendment Challenges after Carpenter"

Thursday – March 28, 2019
12:10-1:10 p.m. – Room 114

Volume 59 Board of Editors
Photograph: Washburn Law Journal volume 59 board of editors.

Congratulations to Nicolette Rodriquez, volume 59 Editor-in-Chief, and the other volume 59 board members.