Washburn Law Journal
Editor's Note
Volume 45, No. 3 (Spring 2006)
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The articles in this issue discuss two different areas of tort law. Ann M. Haralambie's article, Children's Domestic Tort Claims, developed from the Eighteenth Annual Family Law Institute sponsored by the Washburn University School of Law Children and Family Law Center. Haralambie's article addresses the potential tort claims of abused and neglected children. Victor E. Schwartz and Phil Goldberg author an article, The Law of Public Nuisance: Maintaining Rational Boundaries on a Rational Tort, in which they discuss recent attempts by attorneys to use public nuisance law to avoid the constraints of strict liability under products liability law.
This issue also contains five student-authored pieces, including two notes and three comments. Amy L. Leisinger's note, If It Looks Like a Duck: The Need for Regulatory Parity in VoIP Telephony, explores Voice over Internet Protocol regulation and the need for new legislation to address technological changes in the telecommunications industry. In her note, Making It to the Brochure but Not to Partnership, Eunice Chwenyen Peters proposes a new approach to law firm diversity by advocating for ABA-accredited diversity certification for large law firms.
Three student comments conclude this issue. Andrew J. Parmenter contends in his comment that the U.S. Court of Appeals for the Ninth Circuit should have applied the humanitarian exception to prevent extradition of a U.S. citizen who faced a potential death sentence for a non-violent drug offense in Thailand. Keron A. Wright examines problems that arise when ex-spouses attempt to waive their rights under ERISA. Finally, in his comment, Mike J. Wyatt argues that the Kansas Supreme Court should not have enforced a surgeon's non-compete agreement because the employer, a medical group, did not have a referral structure that relied upon the group's reputation and goodwill.
GNIP-GNOP Awards
In 1947, nine graduates of the Washburn University School of Law organized the Free Society of GNIP-GNOP, deriving the name from the members' love of ping-pong. Initially, the group recognized an outstanding law professor. Because the group lived in various states, the members eventually concluded that this determination was difficult and thus decided to grant two awards annually to the Washburn Law Journal student writers. The editorial board selects three notes and three comments for consideration. The members then review this work and select the best note and comment. The prize is presented at the spring banquet. Writers must be present to claim the award.
As this year's best note, the GNIP-GNOP members selected Homeland Security and Environmental Regulation: Balancing Long-Term Environmental Goals with Immediate Security Needs, written by Kristen D. Wheeler. The members selected Buy Out or Get Out: Why Covenants Not to Compete in Surgeon Employment Contracts Are Truly Bad Medicine, authored by Mike J. Wyatt, as the best comment.
John F. Kuether Awards
The faculty advisory committee reviews each student-written work published in the journal and selects the best note and comment. The faculty award is named to commemorate long-time faculty advisor, John F. Kuether. The recipients of this year's awards were Amy L. Leisinger, for her note, If It Looks Like a Duck: The Need for Regulatory Parity in VoIP Telephony, and Mike J. Wyatt, for his comment, Buy Out or Get Out: Why Covenants Not to Compete in Surgeon Employment Contracts Are Truly Bad Medicine.
John D. Ensley Memorial Award For Excellence In Legal Writing
The Washburn Law Journal conducts a writing competition twice each year. The student who writes the top memo in each competition receives the John D. Ensley Memorial Award for Excellence in Legal Writing. Andrew J. Parmenter earned the Spring 2004 award. Patrick A. Turner earned the award in the Fall 2004 competition.
We would like to thank the many individuals who assist the journal during our publication process, including our secretary, the reference librarians, facilities services, and those providing technological support. In addition, we would like to thank our faculty advisory committee. Professor Alex Glashausser began as our faculty advisor and then helped us to transition as Professor Myrl Duncan returned from his sabbatical. Professors Glashausser and Duncan provided invaluable advice, support, and life lessons throughout the year. Professors Aïda Alaka and Jack Preis also joined our faculty advisory committee this year, and we thank them for their assistance and many hours spent reading topic proposals, notes, and comments.
I would like to thank the staff writers, technical editors, and the editorial board for their dedicated work on the journal this year. Finally, this year's publication would not have been possible without the support of our spouses, families, and friends. Thank you for your patience and for tolerating our absence throughout the year.
J.M.F.
Professor of the Year
Each year, the graduating class votes to honor a member of the Washburn University School of Law faculty as the William O. Douglas Outstanding Professor of the Year. Professor Gregory Pease was the recipient of this honor for the 2005-2006 academic year.
PROFESSOR GREGORY PEASE
Professor of Law
Washburn University School of Law
William O. Douglas Outstanding Professor of the Year 2005-2006
Professor Pease received his B.A. from Wichita State University in 1963 and his J.D. from the University of New Mexico in 1970. Professor Pease's teaching responsibilities include Decedents' Estates, Trusts and Future Interests, Property I, and Law in Literature. Professor Pease served as Law Clerk to the Honorable Oliver Seth, Judge of the U.S. Court of Appeals for the Tenth Circuit. Prior to joining the Washburn Law faculty, he taught at Ohio Northern Law School.
The class of 2006 selected Ronald P. Pope as Adjunct Professor of the Year. Professor Pope is a partner in the Topeka based law firm of Ralston, Pope & Diehl, L.L.C. Professor Pope received his B.S. from Emporia State University in 1980 and his J.D. from Washburn University School of Law in 1984. Professor Pope's teaching responsibilities include Litigation Strategies and Trial Advocacy Workshops.
The Washburn Law Journal is pleased to recognize the contributions of Professors Pease and Pope by acknowledging them in Volume 45, Issue 3.
