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Supplementary content to the printed Washburn Law Journal

Engage with peers in Washburn Law's student-led discussions on current legal topics. Gain insights, share perspectives, and deepen your understanding of the ever-evolving legal landscape.

Academic Attrition and Bar Passage

Some researchers have expressed concerns about certain schools using attrition and transfer policies to inflate bar passage rates (Bahadur et al. 2021), an interesting thesis worthy of attention considering the implications for academic and bar success professionals whose efforts to prepare law students for the bar exam could be undermined if certain inst...
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Original Intent Originalism Reply

I write in response to John A. Bruegger's comments on my Article published in Volume 61, Issue 2 of the Washburn Law Journal.  I was delighted that my work received attention but must correct some statements that he makes about my Article.  My comments are directed solely to those statements.
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Ad Astra Per Notarius

Kansas has a new notary law.[2] The COVID-19 pandemic, a once-in-a-century force majeure, was a catalyst for legal change. To protect people from exposure to the COVID-19 respiratory virus, Kansas and other states temporarily waived the notary’s traditional physical presence requirement.
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Failing to Develop Justice

How SCOTUS Holds Habeas Petitioners Responsible for Ineffective Counsel’s Failure to Develop the Record [Shinn v. Ramirez, 142 S. Ct. 1718 (2022)]. When a criminal defendant receives ineffective assistance of counsel at trial, the defendant may attack the legality of their confinement through postconviction proceedings. But what happens when postconvict...
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Category: WLJOnline | Tags: SCOTUS | Issue: 12

Cargill v. Garland

In 2017, the horrific mass-shooting in Las Vegas, Nevada, raised the profile of a previously obscure weapon modification known as a “bump stock.” Following a presidential directive, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reinterpreted the definition of “machinegun” under the Firearms Control Act to include semi-automatic guns modif...
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Category: WLJOnline | Issue: 12

Paving a Path to Justice

The Controlled Substances Act places stringent restrictions on prescribing controlled substances, such as opiates, and subjects doctors to criminal prosecution for violating those restrictions.  In Ruan v. United States, however, the Court held that a doctor does not violate the Controlled Substances Act unless the government can prove he knew his conduct...
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Category: WLJOnline | Issue: 12

Range v. Att'y Gen

Statutes that prohibit felons from possessing firearms have existed for quite a while in the United States. But now, the Third Circuit Court of Appeals, is casting doubt on the validity of those statutes. To make it worse, they casted doubt on the statutes when they did not have to. The court took a case of a very low-level criminal and stretched Second A...
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Category: WLJOnline | Issue: 02

The IDEA Behind Educationism

In Beer v. USD 512 Shawnee Mission, the United States District Court for the District of Kansas held that a child’s free, appropriate public education was denied partly due to the school’s failure to allow the parents to “participate meaningfully” in the creation of their child’s Individualized Education Program.
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Category: WLJOnline | Issue: 02

Acquitted-Conduct Sentencing

In United States v. McClinton, the Seventh Circuit Court of Appeals, affirmed by the Supreme Court, upheld the constitutionality of acquitted-conduct sentencing because a sentencing judge is allowed to take into consideration underlying conduct committed in furtherance of the crime charged, to enhance a defendant’s sentence. 
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Category: WLJOnline | Issue: 03

The Rapanos Nightmare is Over

In Sackett v. Env’t Prot. Agency, the United State Supreme Court narrowed the Environmental Protection Agency’s and the United States Army Corps of Engineer’s jurisdiction over wetlands because of the confusion and lengthy and expensive litigation caused by the Rapanos decision in 2006.
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Category: WLJOnline | Tags: SCOTUS | Issue: 03

Two-Stepping Around Reasonable Suspicion

Since 2014, the Kansas Highway Patrol has used the “Kansas Two-Step” to combat the so-called “war on drugs.”  To effectuate this strategy, troopers primarily stopped travelers from states which have legalized marijuana.  Once a trooper initiates a legal pre-textual stop on an individual traveling through Kansas, they must have reasonable suspicion before ...
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Category: WLJOnline | Issue: 03

The Post-Roe Era

Zurawski v. Texas is believed to be the first case women have sued for being denied an abortion since 1973.  Since the Supreme Court overruled Roe v. Wade in June 2022, abortion access has been left to each individual state. 
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Category: WLJOnline | Issue: 03

No Static Solution

In Tillman v. Goodpasture, the Kansas Supreme Court held that the Kansas Legislature could ban the tort of "wrongful birth" because the Kansas Constitution only protects torts that were established at common law when the Kansas Constitution was ratified. 
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Category: WLJOnline | Issue: 01

Held v. Montana

Environmental groups concerned with climate change face a significant challenge in overcoming the hurdle of standing. Standing has three requirements: 1) injury in fact; 2) causation; 3) and redressability.
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Category: WLJOnline | Issue: 01

An Immigrant Contextualizes the George Floyd Verdict

In the Caribbean, “rum and roti politics” is defined as the personal and populist style of politicians who give handouts to constituents. It means that close to election time politicians in the Caribbean provide token freebies to the populace and these token gestures consist of superficial handouts.
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