Washburn Law Journal

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Photograph: Gillian Chadwick (left) and David Rubenstein.The Other Birthright Citizenship Question – Who Decides? by Gillian Chadwick & David S. Rubenstein | November 3, 2018
President Trump sparked a frantic response from advocates and scholars this week when he announced that he could terminate birthright citizenship for children of undocumented parents with an executive order. The bulk of that response has focused on the question of what the Constitution means with respect to birthright citizenship. The other question raised by Trump's assertion is structural: who gets to decide what the Constitution means with respect to birthright citizenship?

Recent Comment

How Copyright Law Can Help Courts Analyze Business Objections in Unconventional Artistry [Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018)]

Dean Kirk | February 14, 2019 | Read this comment

Summary: The U.S. Supreme Court reversed the Colorado Court of Appeals’ upholding of a cease-and-desist order issued by the Colorado Civil Rights Commission against a bakery and its religious owner. The owner alleged that compelling him to create cakes for same-sex weddings would violate both his rights to free speech and to free exercise of religion. The Supreme Court’s review was limited to the Commission’s discrimination against the owner. Unfortunately, any analysis of the protectable nature of wedding cakes or cake artistry was inherently frustrated by the parties’ disagreement over whether the owner had refused service for all goods, or only for wedding cakes. By limiting its analysis to the Commission’s impermissible hostility to religion, the Court could not provide additional guidance for what it admitted to be a complex balancing process. Future similar cases may benefit by importing recent copyright standards on sculpture protection to separate protectable expression from general business accommodation, sidestepping future disagreements by directly addressing the expression’s protectable nature through a field of law designed for the task.

Preferred Citation: Dean Kirk, How Copyright Law Can Help Courts Analyze Business Objections in Unconventional Artistry, 58 Washburn L.J. Online 81 (2019), http://washburnlaw.edu/wljonline/kirk-copyright

Print Submissions

The Washburn Law Journal welcomes unsolicited manuscripts for publication consideration. Note: The Washburn Law Journal does not typically accept submissions from students.

All manuscripts should be double-spaced, notes should be in footnote form, and citations should conform to The Bluebook: A Uniform System of Citation (20th ed.). A copy of the manuscript should also be available as a Microsoft Word file (preferred).

Please direct manuscripts to the attention of the Articles Editor at journalarticles@washburnlaw.edu.

Washburn Law Journal also accepts submissions via Icon: ExpressO service. and is an Graphic: ExpressO top 100 law review.

Subscription Inquiries

If you have questions concerning subscriptions or non-received issues, please contact the Washburn Law Journal Secretary at (785) 670-1692 or via e-mail at journalclaims@washburnlaw.edu.

Washburn Law Journal
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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 58 Editor-in-Chief and Board

Jeremy E. Koehler, is the Washburn Law Journal Volume 58 Editor-in-Chief.

Volume 59 Editor-In-Chief

Congratulations to Nicolette Rodriquez, recently selected as Washburn Law Journal Volume 59 Editor-in-Chief.