Washburn Law Journal

Recent Blog Post

Live by the "Or," Die by the "Or": Ford v. Montana and the Corporate Personal Jurisdiction Standard

Ian Hughes | April 12, 2021 | Read this blog post

Summary: The Supreme Court has once again tinkered around the edges of personal jurisdiction, a concept that always seems close to settled but never quite there. The case, Ford Motor Co. v. Montana Eighth Judicial District Court, is a relatively straightforward application of specific jurisdiction, except for one problem: a mischaracterization of the role the defendant's activities in the forum state play in the calculus of personal jurisdiction. This imprecision complicates what should be a fairly simple analysis: establishing a causal relationship between the subject matter of the lawsuit and the defendant's contacts with the relevant state.

Recent Comment

Dismantling the Great Writ [Gage v. Chappell, 793 F.3d 1159 (9th Cir. 2015).]

Brigid E. Markey | April 7, 2021 | Read this comment

Summary: George Gage was convicted of sex crimes against a minor. Although evidence at his first trial was enough to hang the jury, he faced another trial. Ultimately, Gage was convicted and sentenced to 70 years of imprisonment. A close inspection of his case reveals a growing trend in the criminal justice system—federal legislation has created intensive barriers to claims of innocence. The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) has worked to dismantle citizens’ ability to petition against their incarceration through habeas corpus. Before the AEDPA’s introduction, prisoners had vast freedom to petition their sentences at a federal level. Now, states are largely left alone in their criminal adjudications. This deference and added barriers from the AEDPA create a startling framework of Americans’ rights within the penal system.

Preferred Citation: Brigid E. Markey, Dismantling the Great Writ, 60 Washburn L.J. Online 83 (2021), https://washburnlaw.edu/wljonline/markey-dismantling-great-writ.

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43rd Foulston Siefkin Lecture
Photograph: Nadine Stossen.

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

Nadine Strossen
John Marshall Harlan II Professor of Law, Emerita
New York Law School

"Why Should Hatemongers and Extremists Have Free Speech Rights?"

Thursday – March 18, 2021
12:30 p.m. – via Zoom

Artificial Rights? Symposium, Thursday, November 5, 2020
Machine Rights
Keynote Address by
Katherine Gaudry
Machine Wrongs
Volume 60 Editor-in-Chief, Board, and Staff

See the Washburn Law Journal Volume 60 Board of Editors and Staff Members.

Volume 61 Editor-in-Chief
Congratulations to Zachary J. Smith, recently selected as the Washburn Law Journal Volume 61 Editor-in-Chief.