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Washburn Law Journal Online

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),

Myth Buster: Private Student Loans May Now
Be Discharged in States Within the Tenth
Circuit [McDaniel v. Navient Sols., LLC (In re
McDaniel), 973 F.3d 1083 (10th Cir. 2020).]

Madlaine N. Farmer | March 26, 2021 | Read this comment

Summary: The United States Court of Appeals for the Tenth Circuit affirmed the Colorado Bankruptcy Court’s discharge of private student loans because the debtor did not use the loans exclusively to pay for education, and as a result, the loans were found not to be within the meaning of 11 U.S.C. § 523(a)(8). All courts should adopt the Tenth Circuit’s discharge of private student loans, which should be treated similarly to general consumer loans. Discharging private student loans promotes the purpose of the bankruptcy system—to supply a debtor with a fresh start—and equitable application of the law. Additionally, discharge of debt stimulates the economy and reduces universities’ incentive to increase tuition costs.

Preferred Citation: Madlaine N. Farmer, Myth Buster: Private Student Loans May Now Be Discharged in States Within the Tenth Circuit, 60 Washburn L.J. Online 69 (2021),

Nonbiological Parents Beware: How the Court in In re W.L. Incorrectly Applied Frazier v. Goudschaal as a Result of Its Prejudice for a Nonbiological Parent [In re W.L., 441 P.3d 495
(Kan. Ct. App. 2019), review granted (Sept. 3,

Rylee M. Broyles | March 17, 2021 | Read this comment

Summary: In In re W.L., a Kansas appellate court confidently proclaimed that Kansas law requires a written co-parenting agreement in order to recognize parentage of a nonbiological parent in an artificial reproductive technology (“ART”) case because the Kansas Supreme Court in Frazier v. Goudschaal said so. The only problem? That was not the holding in Frazier v. Goudschaal. An analysis of both cases suggests that the appellate court misstated the law in order to procure a particular outcome against an unfavorable nonbiological parent. As a result, it is likely that the Kansas Supreme Court will reverse the appellate court’s holding in In re W.L. when it reviews the case because the appellate court’s holding fails to consider Kansas’s public policy in ART cases.

Preferred Citation: Rylee M. Broyles, Nonbiological Parents Beware: How the Court in In re W.L. Incorrectly Applied Frazier v. Goudschaal as a Result of Its Prejudice for a Nonbiological Parent, 60 Washburn L.J. Online 57 (2021),


Volume 60 Cases Reviewed