Washburn Law Journal
Editor's Note
Volume 42, No. 1 (Fall 2002)
In Volume 42, we are proud to unveil the new face of the Washburn Law Journal. For over twenty years, the Washburn Law Journal has used the same basic cover design and color scheme. The Editorial Board spent over seven months designing the new cover, and we are very pleased with the results.
Ushering in the new era of the Washburn Law Journal is this issue focused on fear and the law. The lead article is written by the 2002 Foulson Siefkin lecturer Professor Rachel F. Moran, whose lecture is possible through the generous support of Foulson Siefkin L.L.P. in Wichita. Professor Moran is the Robert D. and Leslie-Kay Raven Professor of Law at the University of California School of Law (Boalt Hall). In Fear Unbound: A Reply to Professor Sunstein, Professor Moran delivers a critique of Cass Sunstein's approach on how emotion should impact regulatory processes. Professor Moran posits that expert risk assessments alone cannot drive our regulatory schemes. Instead, she contends that fears and emotions of the citizenry can be invaluable in this arena. Professor Moran is an accomplished legal scholar, and we are pleased to have her contributions.
Joining our fear and the law theme is Professor Steven A. Ramirez from the Washburn University School of Law. Professor Ramirez utilizes his vast experiences in Law and Economics to advocate what the government's role should be when managing investor fear and protecting investor confidence. He also includes a novel proposal for a depoliticized fiscal authority. Given the current economic climate, Professor Ramirez's thoughts in Fear and Social Capitalism: The Law and Macroeconomics of Investor Confidence are extremely timely.
Finally, Mr. David L. Hudson, Jr. offers yet another perspective on fear. Mr. Hudson is a Research Attorney for the First Amendment Center in Nashville, Tennessee. In Fear of Violence in Our Schools: Is "Undifferentiated Fear" in the Age of Columbine Leading to a Suppression of Student Speech, he discusses student speech and explains why its suppression can be an overreaction and dangerous.
Other fears no doubt contribute to the current detention of suspected terrorists at Guantanomo Bay, Cuba. This detention is the subject of Maintaining Honor in Troubled Times: Defining the Rights of Terrorism Suspects Detained in Cuba written by third-year Washburn Law student John W. Broomes. Mr. Broomes details the rights these detainees can expect under American and international law. Fellow third-year Washburn Law student Richard E. James develops the fear and law theme in Putting Fear Back Into the Law and Debtors Back Into Prison: Reforming the Debtors' Prison System. Mr. James contends that debtors' prisons should be reinstituted to instill fear back into American law.
Two case comments written by second-year Washburn Law students round out the issue. Robin K. Carlson investigates teacher-student sexual harassment in If You've Been Kissed, Who Do you Tell? Notice of Sexual Harassment Under a Title IX Claim, and Luke R. Spellmeier examines the evolution of Fourth Amendment law when determining reasonable suspicion in Bypassing the Fourth Amendment: The Missouri Supreme Court's Use of "Ruse" Reasonable Suspicion to Justify De Facto Drug Interdiction Checkpoints.
G.C.G.
