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Kansas Law Review

Kansas Law Review

Issues (PDF)

Volume 66, Issue 1

Tiffany R. Murphy, Federal Habeas Corpus and Systemic Official Misconduct: Why Form Trumps Constitutional Rights
Joseph Scott Miller, Reasonable Certainty & Corpus Linguistics: Judging Definiteness After Nautilus & Teva
Jessica Owley & Collin Doane, Exploiting Conservation Lands: Can Hydrofracking Be Consistent with Conservation Easements?
Ashley Billam, The Public’s Evolution from News Reader to News Gatherer: An Analysis of the First Amendment Right to Videorecord Police
Haley Claxton, Indiana Jones and the Foreign Sovereign Immunities Act (FSIA): Interpreting FSIA’s State of Sponsored Terrorism Exception

Volume 66, Issue 2

Douglas G. Smith, Resolution of Common Questions in MDL Proceedings
Matthew C. Turk, Regulation by Settlement
Suzette M. Malveaux, The Modern Class Action Rule: Its Civil Rights Roots and Relevance Today
Rishi Batra, Resolving Civil Forfeiture Disputes
Samuel J. LaRoque, Reverse Engineering and Trade Secrets in the Post-Alice World
Adam Gillaspie, Extraterritorial Application of the Stored Communications Act: Why Microsoft Corp. v. United States Signals That Technology Has Surpassed the Law

Volume 66, Issue 3

Kiel Brennan-Marquez, The Constitutional Limits of Private Surveillance
Sande Buhai, Statutory Damages: Drafting and Interpreting
Hillary Gaston Walsh, Unequivocally Different: The Third Civil Standard of Proof
Hannah Schoeb, Bridging the Gap: Overtime Gap Time under the Fair Labor Standards Act
Hannah Zimmerman, The Data of You: Regulating Private Industry's Collection of Biometric Information

Volume 66, Kansas Issue

M.H. Hoeflich, An Unknown Notaries' Ledger from Douglas County, Kansas
Scan of 1859 Notaries' Ledger from Douglas County, Kansas
Michael Hayes, The Mature Minor Doctrine: Can Minors Unilaterally Refuse Medical Treatment?
Amelia Selph, Kansas Standard Asset Seizure and Forfeiture Act: An Ancient and Failing Approach
Matthew Sondergard, Blaines Beware: Trinity Lutheran and the Changing Landscape of State No-Funding Provisions
Lindsay Strong, The Kansas Offender Registration Act: Where's the Constitutional Limit?
Joe Uhlman The Roof Is on Fire: Dangers to the Volunteer Emergency Services After Mendel v. City of Gibraltar
Kansas Law Review Criminal Procedure Survey

Volume 66, Symposium Issue

Lua K. Yuille, Inequity as a Legal Principle
Richard Hynes & Steven Walt, Inequity and Equity in Bankruptcy Reorganization
Bertrall Ross, A Constitutional Path to Fair Representation for the Poor
Alia Al-Khatib & Jayesh Rathod, Equity in Contemporary Immigration Enforcement: Defining Contributions and Countering Criminalization
Jamila Jefferson-Jones, “Community Dignity Takings”: Dehumanization and Infantilization of Communities Resulting from the War on Drugs
Lenore Palladino, Shareholder Primacy and Worker Prosperity: A Broken Link

Volume 65, Issue 1

John G. Sprankling, Property and the Roberts Court
Richard M. Buxbaum, Sovereign Debtors Before Greece: The Case of Germany
Hon. Howard W. Brill & Christian H. Brill, Baseball Mascots and the Law
Erica E. McCabe, Not Like the Others: Applying the Fair Labor Standards Act to the Sharing Economy
Maxwell C. McGraw, Kimble v. Marvel Entertainment, LLC: Economic Efficiency Caught in the Web of Improper Judicial Restraint

Volume 65, Issue 2

Cary Silverman & Jonathan L. Wilson, State Attorney General Enforcement of Unfair or Deceptive Acts and Practices Laws: Emerging Concerns and Solutions
Molly J. Walker Wilson, Defense Attorney Bias and the Rush to the Plea
Kif Augustine-Adams, Religious Exemptions to Title IX
William Wood, Indians, Tribes, and (Federal) Jurisdiction
Craig Boyd, Appraisal Arbitrage: Closing the Floodgates on Hedge Funds and Activist Shareholders

Volume 65, Issue 3

Christopher B. Mueller, Taking a Second Look at MDL Product Liability Settlements: Somebody Needs to Do It
Nadia B. Ahmad, The Baseline Bar
Rachelle Holmes Perkins, The Threat of Law: Regulatory Blackmail or an Answer to Congressional Inaction?
Dalton Mott, The Due Process Clause and Students: The Road to a Single Approach of Determining Property Interests in Education
Nathan Mannebach, We Shall Dance, Unless You Choose Not To

Volume 65, Issue 4

M.H. Hoeflich & William Skepnek, Claims for Loss in Territorial Kansas
Richard E. Levy, The War of Judicial Independence: Letters from the Kansas Front
Meghan Harper, Making Sense of Whole Woman's Health v. Hellerstedt: The Development of a New Approach to the Undue Burden Standard
Nell Neary, Last Man Standing: Kansas's Failure to Recognize the Common Interest Doctrine
Sangeeta Shastry-Kleinmann, A New Frontier: Applying Evolving National Pay Equity Trends to Kansas's Statute
Christopher M. Wolcott, The Chilling Effect of Campus Carry: How the Kansas Campus Carry Statute Impermissibly Infringes Upon the Academic Freedom of Individual Professors and Faculty Members

Volume 65, Issue 5

Robert G. Bone, Justifying Class Action Limits: Parsing the Debates over Ascertainability and Cy Pres
Deborah R. Hensler, From Sea to Shining Sea: How and Why Class Actions Are Spreading Globally
Myriam Gilles & Gary Friedman, The Radical Majoritarianism of Rule 23(b)(2)
Sergio J. Campos, Changing Course
Adam S. Zimmerman, The Global Convergence of Global Settlements
Kansas Law Review Criminal Procedure Survey

Volume 64, Issue 1

Donald J. Kochan, Dealing with Dirty Deeds: Matching Nemo dat Preferences With Property Law Pragmatism
John Burritt McArthur, Mineral Royalties, Deductions, and Fawcett v. OPIK: Continuity and Change in the Revised-But-Still-Standing Kansas Marketable-Product Rule
Paul Battista, The Taxation of Crowdfunding: Income Tax Uncertainties and a Safe Harbor Test to Claim Gift Tax Exclusion
Layne S. Keele, Holding Standards for RANDsome: A Remedial Perspective on RAND Licensing Commitments
Agnieszka A. McPeak, Social Media, Smartphones, and Proportional Privacy in Civil Discovery
Ben Baumgartner, Chewing it Over: Determining the Meaning of Edible In the Harmonized Tariff Schedule of the United States
Sara Fevurly, Down Go the Forms: The Abrogation of Rule 84 and the Official Forms of the Federal Rules of Civil Procedure

Volume 64, Issue 2

Paul Marcus, The Crime of Conspiracy Thrives in the Decisions of the United States Supreme Court
Michael J. Garrison & John T. Wendt, Employee Non-competes and Consideration: A Proposed Good Faith Standard for the "Afterthought" Agreement
Jan M. Michaels, William D. Ellison, & Sridevi R. Krishnan, The Avoidable Evils of "All Sums" Liability for Long-Tail Insurance Coverage Claims
Reid Day, Let the Magistrates Revolt: A Review of Search Warrant Applications for Electronic Information Possessed by Online Services
Matthew Schippers, The Debt Versus Equity Debacle: A Proposal for Federal Tax Treatment of Corporate Cash Advances

Volume 64, Issue 3

Eric H. Franklin, A Rational Approach to Business Entity Choice
Matthew A. Melone, King v. Burwell and the Chevron Doctrine: Did the Court Invite Judicial Activism?
David A. Sonenshein & Ben Fabens-Lassen, Has the Residual Exception Swallowed the Hearsay Rule?
Wm. Grayson Lambert, Unmixing the Mess: Resolving the Circuit Split Over the Brillhart/Wilton Doctrine and Mixed Complaints
Amii N. Castle, A Comprehensive Overview: 2015 Amendments to the Federal Rules of Civil Procedure

Volume 64, Issue 4

Katharine K. Baker, Campus Sexual Misconduct as Sexual Harassment: A Defense of the DOE
Corey Rayburn Yung, Is Relying on Title IX a Mistake?
Tamara Rice Lave, Campus Sexual Assault Adjudication: Why Universities Should Reject the Dear Colleague Letter
Sarah L. Swan, Between Title IX and the Criminal Law: Bringing Tort Law to the Campus Sexual Assault Debate
Chrysanthi S. Leon, Law, Mansplainin', and Myth Accommodation in Campus Sexual Assault Reform
Aya Gruber, Anti-rape Culture

Volume 64, Issue 5

M.H. Hoeflich, Legal Forms and the Practice of Law in Nineteenth-Century Kansas
Matthew Rogers & Suzanne Valdez, "Retreat to the Boundary of the Rules": Resurrecting Professionalism in Depositions and the Implications of Gamesmanship for Kansas Practitioners
Philip Moderson, Following a Dangerous Precedent: The California Rule and the Kansas Pension Crisis
Elizabeth Hanus, Rape by Nonphysical Coercion: State v. Brooks
Andrew Kershen, A Proposed Framework for Kansas District Courts' Discretion on a Motion to Reconsider a Suppression Ruling
Kip Randall, Kansas, Please Protect Our Children: Why Kansas Should Remove the Religious Exemption for Mandatory School Vaccinations
Kansas Law Review Criminal Procedure Survey

Volume 63, Issue 1

Timothy M. Todd, The Tail That Wags the Dog: The Problem of Pre-Merit-Decision Interim Fees and Moral Hazard in the National Vaccine Injury Compensation Program
Mark Spottswood, Emotional Fact-Finding
Katharine T. Schaffzin, Beyond Bobby Jo Clary: The Unavailability of Same-Sex Marital Privileges Infringes the Rights of so Many More Than Criminal Defendants
John W. Broomes, Waste Not, Want Not: The Marketable Product Rule Violates Public Policy Against Waste of Natural Gas Resources
Abigail West, A Meaningful Opportunity to Comply

Volume 63, Issue 2

Janet W. Steverson and Aaron Munter, Then and Now: Reviving the Promise of the Magnuson-Moss Warranty Act
Emily S. Bremer, On the Cost of Private Standards in Public Law
Jeff Todd, Ecospeak in Transnational Environmental Tort Proceedings
Jessica A. Shoemaker, No Sticks in My Bundle: Rethinking the Indian Land Tenure Problem
Paul Budd, All Work and No Pay: Establishing the Standard for When Legal, Unpaid Internships Become Illegal, Unpaid Labor

Volume 63, Issue 3

Deborah S. Gordon, Trusting Trust
Elina Treyger, Collateral Incentives to Arrest
Lauren R. Roth, Overvaluing Employer-Sponsored Health Insurance
Laura P. Graham, Why-Rac? Revisiting the Traditional Paradigm for Writing About Legal Analysis
Alan G. Williams, Abolishing the Excited Utterance Exception to the Rule Against Hearsay
Cliff Brazil, You Didn't Build That: The Case Against Patentability of Isolated Organisms
Paul Mose, Wet 'n Wild: When Water Rides Should be Subject to the Highest Duty of Care

Volume 63, Issue 4

Maryellen Fullerton, Comparative Perspectives on Statelessness and Persecution
Lua Kamál Yuille, Individuals, Corporations and the Pedagogy of Citizenship
Polly J. Price, Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant
Marcia Zug, The Mirage of Immigration Reform: The Devastating Consequences of Obama's Immigration Policy
Bill Ong Hing, Ethics, Morality and Disruption of U.S. Immigration Laws
Jaya Ramji-Nogales, "The Right to Have Rights": Undocumented Migrants and State Protection
Sean Hagan, The Eurozone Crisis -- Defining a Path to Recovery

Volume 63, Issue 5

M. H. Hoeflich & Allison C. Reeve, A Newly Found Kansas Legal Broadside
Abigail Hall, Ending Intimate Partner Homicide: A Call for Reform of Kansas Protective Order Statutes
Bryce Langford, The Minister's Housing Allowance: Should It Stand, and If Not, Can Its Challengers Show Standing?
Brendan M. McNeal, Tough (Water) Justice: Disgorgement as a Remedy for Breach of Interstate Water Compacts
Alexandra Rose, For the Kids: A Place for Equity in Kansas School Finance Litigation
Kansas Law Review Criminal Procedure Survey

Volume 62, Issue 1

Vincent S. J. Buccola, Beyond Insolvency
The Honorable William R. Mott, Alternative Means Jurisprudence in Kansas: Why Wright is Wrong
Laura H. Burney, Oil, Gas, and Mineral Titles: Resolving Perennial Problems in the Shale Era
Nancy M. Modesitt, Why Whistleblowers Lose: An Empirical and Qualitative Analysis of State Court Cases
Kevin Wempe, United States v. Flores-Lopez: Protecting Privacy Rights in Cell Phone Searches Incident to Arrest
Peter Montecuollo, Making the Best of an Imperfect World: An Argument in Favor of Judicial Discretion to Reduce § 1927 Sanction Awards

Volume 62, Issue 2

Larry Yackle, Federal Banks and Federal Jurisdiction in the Progressive Era: A Case Study of Smith v. K.C. Title & Trust Co.
Val Ricks, Consideration and the Formation Defenses
John S. Wroldsen, The Crowdfund Act’s Strange Bedfellows: Democracy and Start-Up Company Investing
Arpan A. Sura & Robert A. DeRise, Conceptualizing Concepcion: The Continuing Viability of Arbitration Regulations
Camilla A. Hrdy, State Patents as a Solution to Underinvestment in Innovation
Anna R. Kimbrell, Benefit Corporation Legislation: An Opportunity for Kansas to Welcome Social Enterprises

Volume 62, Issue 3

Deborah S. Gordon, Letters Non-Testamentary
Michael P. Healy, The Past, Present and Future of Auer Deference: Mead, Form and Function in Judicial Review of Agency Interpretations of Regulations
Camille Carey, Domestic Violence Torts: Righting a Civil Wrong
Matthew W. Green Jr., What’s So Reasonable About Reasonableness? Rejecting a Case Law-Centered Approach to Title VII’s Reasonable Belief Doctrine
Matthew P. Moriarty, Thy Brother Came with Subtlety: How a Cause of Action Against Companies Who Leak Data Can Increase Security in the Digital Age

Volume 62, Issue 4

Robin Kundis Craig, Does the Endangered Species Act Preempt State Water Law?
Amy Hardberger, Water is a Girl’s Best Friend: Examining the Water Valuation Dilemma
Robert L. Glicksman, Regulatory Safeguards for Accountable Ecosystem Service Markets in Wetlands Development
Melissa K. Scanlan, Adaptive Trading: Experimenting with Unlikely Partners
Mary Jane Angelo & Jon Morris, Maintaining a Healthy Water Supply While Growing a Healthy Food Supply: Legal Tools for Cleaning Up Agricultural Water Pollution
Craig Anthony (Tony) Arnold, Adaptive Water Law
Adell Louise Amos, Developing the Law of the River: The Integration of Law and Policy into Hydrologic and Socio-Economic Modeling Efforts in the Willamette River Basin
John C. Peck, Legal Responses to Drought in Kansas

Volume 62, Issue 5

M.H. Hoeflich, In Judge Lecompte’s Court
Joseph A. Schremmer & Sean M. McGivern, Private Enforcement of the Kansas Wage Payment Act
Burke W. Griggs, Beyond Drought: Water Rights in the Age of Permanent Depletion
Grant Treaster, The Confusion Continues: The New Dynamic of the Economic Loss Doctrine in Kansas
R. Patrick Springer, A Better Way: Rethinking SB 123 Probationary Drug Treatment in Kansas
Mary L. Olson, Pin the Tail on . . . Somebody: The Kansas Supreme Court’s Decision to Expose Firearms Dealers to Unwarranted Liability
Jason Harmon, Procedural Misjoinder: The Quest for a Uniform Standard
Kansas Law Review Criminal Procedure Survey

Volume 61, Issue 1

Eang L. Ngov, Selling Land and Religion
Jennifer Anglim Kreder, Fighting Corruption of the Historical Record: Nazi-Looted Art Litigation
Mark Glover, The Therapeutic Function of Testamentary Formality
Elwin Griffith, The Search for Better Communication Between the Debt Collector and the Consumer Under the Fair Debt Collection Practices Act
Lauren Elizabeth Luhrs, When in Doubt, Wear Red: Understanding Trademark Law’s Functionality Doctrine and Its Application to Single-Color Trademarks in the Fashion Industry
Jennifer Vogel, Patenting DNA: Balancing the Need to Incentivize Innovation in Biotechnology with the Need to Make High-Quality Genetic Testing Accessible to Patients

Volume 61, Issue 2

Martin B. Dickinson, Stephen W. Mazza & Michael R. Keenan, The Revolutionary 2012 Kansas Tax Act
Cheryl B. Preston & Brandon T. Crowther, Minor Restrictions: Adolescence Across Legal Disciplines, the Infancy Doctrine, and the Restatement (Third) of Restitution and Unjust Enrichment
Sophie Smyth, NGOs and Legitimacy in International Development
Douglas R. Richmond, Watching Over, Watching Out: Lawyers’ Responsibilities for Nonlawyer Assistants
Lahny R. Silva, In Search of a Second Chance: Channeling BMW v. Gore and Reconsidering Occupational Licensing Restrictions
Michael H. Hoeflich, Rediscovering Apprenticeship
Trent R. Byquist, Derailing FELA’s Causation Standard: The Supreme Court’s Misinterpretation of FELA in McBride and Suggestions to Restrict the Potential for Unlimited Carrier Liability

Volume 61, Issue 3

Val Ricks, Assent Is Not an Element of Contract Formation
Scott Sullivan, Networking Customary Law
Jan M. Michaels, Michael J. McNaughton & Sridevi R. Krishnan, The "Non-Cumulation" Clause: Policyholders Cannot Have Their Cake and eat it Too
H. Patrick Glenn, The Cosmopolitan State
Sean Foley, The Newly Murkey World of Searches Incident to Lawful Arrest: Why the Gant Restrictions Should Apply to All Searches Incident to Arrest
Matthew D. O'Neill, Searching for Enforcement: Title VI Regulations and Section 1983

Volume 61, Issue 4

Richard Marcus, Cooperation and Litigation: Thoughts on the American Experience
Steven S. Gensler & Lee H. Rosenthal, The Reappearing Judge
Rebecca Love Kourlis & Brittany K.T. Kauffman, The American Civil Justice System: From Recommendations to Reform in the 21st Century
Robert P. Burns, Advocacy in the Era of the Vanishing Trial
John H. Martin, Advocacy in the Modern Age

Volume 61, Issue 5

M.H. Hoeflich, In Piam Memoriam Francis Heller
Edwin W. Hecker, Jr., Fiduciary Duties in Business Entities Revisited
Pamela V. Keller, Balancing Employer Business Interests and Employee Privacy Interests: A Survey of Kansas Intrusion on Seclusion Cases in the Employment Context
David Barclay, The Constitutional Vulnerabilities of Kansas's Income Tax Reforms
Ryan H. Boyer, "Unveiling" Kansas's Ban on Application of Foreign Law
David R. Green, Earth and Wind Industries Playing with Fire: The Concurrent Rights of Wind Farm Operators, Oil and Gas Developers, and Landowners in Kansas
Whitney Novak, Blood Over Bond? A Call to Define Kansas's Requirements for Biological Fathers to Retain Parental Rights
Kansas Law Review Criminal Procedure Survey

Archives

Volume 60

Volume 60, Issue 1

Yvette Joy Liebesman, Downstream Copyright Infringers
Christopher T. Hines, Returning to First Principles of Privilege Law: Focusing on the Facts in Internal Corporate Investigations
Kristin Balding Gutting, Keeping Pace with the Times: Exploring the Meaning of Limited Partner for Purposes of the Internal Revenue Code
Douglas B. McKechnie, Don't Daze, Phase, or Lase Me, Bro! Fourth Amendment Excessive-Force Claims, Future Nonlethal Weapons, and Why Requiring an Injury Cannot Withstand a Constitutional or Practical Challenge
Sean Foley, RLUIPA's Equal-Terms Provision's Troubling Definition of Equal: Why the Equal-Terms Provision Must Be Interpreted Narrowly

Volume 60, Issue 2

William A. Schroeder, Federal Habeas Review of State Prisoner Claims Based on Alleged Violations of Prophylactic Rules of Constitutional Criminal Procedure: Reviving and Extending Stone v. Powell
Katheleen R. Guzman, Intents and Purposes
Christopher C. French, The "Non-Cumulation Clause": An "Other Insurance" Clause by Another Name
Mike Hoeflich & J. Nick Badgerow, The Regulation of Courtesy: Does Kansas Need a Code of Professionalism?
Christian B. Corrigan, McDonald v. City of Chicago: Did Justice Thomas Resurrect the Privileges or Immunities Clause from the Dead? (And Did Justice Scalia Kill It Again?)
Jessica Shannon, Commercial Speech in User-Generated Media: An Analysis of the FTC's Revised Guides Concerning Use of Endorsements and Testimonials in Advertising

Volume 60, Issue 3

Stephen M. Johnson, In Defense of the Short Cut
Michael H. Hoffheimer, General Personal Jurisdiction After Goodyear Dunlop Tires Operations, S.A. v. Brown
Thaddeus Hoffmeister, Investigating Jurors in the Digital Age: One Click at a Time
Joel Griffiths, Use It or Lose It: State Approaches to Increasing Use-Tax Revenue
Michael S. Obermeier, Scoping Out the Limits of "Arms" Under the Second Amendment

Volume 60, Issue 4

David Horton, Arbitration and Inalienability: A Critique of the Vindication of Rights Doctrine
Maureen A. Weston, The Death of Class Arbitration After Concepcion?
Jeffrey W. Stempel, Tainted Love: An Increasingly Odd Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence
Richard C. Reuben, FAA Law, Without the Activism: What If the Bellwether Cases Were Decided by a Truly Conservative Court?
Kristen M. Blankley, Taming the Wild West of Arbitration Ethics
Thomas J. Stipanowich, The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes

Volume 60, Issue 5

Volume 59

Volume 59, Issue 1

Volume 59, Issue 2

Jonathan A. Marcantel, Because Judges Are Not Angels Either: Limiting Judicial Discretion by Introducing Objectivity into Piercing Doctrine
Jill Wieber Lens, Honest Confusion: The Purpose of Compensatory Damages in Tort and Fraudulent Misrepresentation
Andrea B. Carroll, Reregulating the Baby Market: A Call for a Ban on Payment of Birth-Mother Living Expenses
Megan M. Westberg, Rwanda's Use of Transitional Justice After Genocide: The Gacaca Courts and the ICTR
Kristin L. Ballobin, Line Drawing and the Bankruptcy Discharge: Why Prepetition Stipulations Are Enforceable but Prepetition Waivers Are Not

Volume 59, Issue 3

Colin Miller, Deal or No Deal: Why Courts Should Allow Defendants to Present Evidence that They Rejected Favorable Plea Bargains
Samuel D. Brunson, Grown-Up Income Shifting: Yesterday's Kiddie Tax Is Not Enough
Joanna B. Apolinsky, Insider Trading as Misfeasance: The Yielding of the Fiduciary Requirement
Jill E. Family, Beyond Decisional Independence: Uncovering Contributors to the Immigration Adjudication Crisis
Kerri Lynn Stone, Clarifying Stereotyping
Daniel J. Buller, Copyright Infringement in the Ether: RAM Buffering and the Copyright Act's Duration Requirement

Volume 59, Issue 4

Jeffrey S. Sutton, What Does - and Does Not - Ail State Constitutional Law
Todd E. Pettys, Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices
Jeffrey M. Shaman, State Constitutional Law: The Right of Privacy and Same-Sex Marriage
Mark D. Martin & Daniel F.E. Smith, Recent Experience with Intermediate Scrutiny Under the North Carolina Constitution: Blankenship v. Bartlett and King ex rel. Harvey-Barrow v. Beaufort County Board of Education
Sanford Levinson, Courts as Participants in "Dialogue": A View from American States
Michael A. Berch, Reflections on the Role of State Courts in the Vindication of State Constitutional Rights: A Plea for State Appellate Courts to Consider Unraised Issues of State Constitutional Law in Criminal Cases
Stephen R. McAllister, Individual Rights Under a System of Dual Sovereignty: The Right to Keep and Bear Arms
State Constitutional Law Steps Out of the Shadows: Transcript of Selected Symposium Panel Discussions
Allen L. Lanstra, A Casebook for the Dean's Reading List: Holland, McAllister, Shaman & Sutton, State Constitutional Law: The Modern Experience

Volume 59, Issue 5

John J. Francis, Stacy L. Leeds, Aliza Organick, & Jelani Jefferson Exum, Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas
William E. Westerbeke, In Praise of Arbitrariness: The Proposed 83.7% Rule of Modified Comparative Fault
Deanell Reece Tacha, Diversity in the Judiciary: A Conversation with Deanell Tacha
John W. Head, Civilization and Law: A Dark Optimism Based on the Precedent of Unprecedented Crises
Scott Gordon Wheeler, LLC Fiduciaries: Where Has All the Good Faith Gone?
Jill E. Moenius, Buying Promises: How Citizens United's Campaign Campaign Expenditures Convert Our "Impartial" Judges and Their Nonpromissory Campaign Statements into an Indebted, Influenced, and Dependent Judiciary
Eli Rosenberg, Silence Is Golden: Excluding Internal Complaints from ERISA Section 510
Kansas Law Review Criminal Procedure Survey

Volume 58

Volume 58, Issue 1

Elizabeth A. Rowe, A Sociological Approach to Misappropriation
Tigran W. Eldred, The Psychology of Conflicts of Interest in Criminal Cases
Carl J. Circo, Does Sustainability Require a New Theory of Property Rights?
The Hon. Robert H. Henry, Overcoming Advocacy
Megan L. Hoffman, Note, The Substantial Weight Test: A Proposal to Resolve the Circuits' Disparate Interpretations of Materiality Under the False Claims Act
Mark A. Samsel, Comment, Peering into the Campaign Finance Law Crystal Ball: Guiding Principles for the Future of the BCRA and "Issue Advocacy" in Citizens United and Beyond

Volume 58, Issue 2

Carla Spivack, Why the Testamentary Doctrine of Undue Influence Should Be Abolished
Mark Klock, What Will It Take to Label Participation in a Deceptive Scheme to Defraud Buyers of Securities a Violation of Section 10(b)? The Disastrous Result and Reasoning of Stoneridge
Nicole B. Porter, Why Care About Caregivers?: Using Communitarian Theory to Justify Protection of "Real" Workers
Teri Dobbins Baxter, Private Oppression: How Laws that Protect Privacy Can Lead to Oppression
Erica A. Schroeder, Comment, Sounds of Prejudice: Background Music During Victim Impact Statements

Volume 58, Issue 3

Douglas R. Richmond, The Partnership Paradigm and Law Firm Non-Equity Partners
Michael D. Sousa, The Principle of Consumer Utility: A Contemporary Theory of the Bankruptcy Discharge
Bruce A. Antkowiak, The Rights Question
Monica Hof Wallace, A Federal Referendum: Extending Child Support for Higher Education
Joshua Bender, Comment, What's That Smell: Why the Tenth Circuit Should Discard Its Distinction Between the Odor of Burnt and Raw Marijuana
Sean McLaughlin, Comment, Controlling Smart Phone Abuse: The Federal Labor Standards Act's Definition of "Work" in Non-Exempt Employee Claims for Overtime

Volume 58, Issue 4

Thomas E. Willging & Emery G. Lee III, From Class Actions to Multidistrict Consolidations: Aggregate Mass-Tort Litigation after Ortiz
Steven S. Gensler, The Other Side of the CAFA Effect: An Empirical Analysis of Class Action Activity in the Oklahoma State Courts
Linda S. Mullenix, Nine Lives: The Punitive Damage Class
Elizabeth Chamblee Burch, Aggregation, Community, and the Line Between
Patrick Woolley, Collateral Attack and the Role of Adequate Representation in Class Suits for Money Damages
Howard M. Erichson, The Trouble with All-or-Nothing Settlements
Laura J. Hines, Mirroring or Muscling: An Examination of State Class Action Appellate Rulemaking

Volume 58, Issue 5

M.H. Hoeflich, Just a Scrap of History: Judge Cassius Gaius Foster and Major J.K. Hudson, "The Fighting Editor"
Keith G. Meyer, A Garden Variety of UCC Issues Dealing with Agriculture
Melanie D. Wilson, "You Crossed the Fog Line!" - Kansas, Pretext, and the Fourth Amendment
Bill Cross, Note, The NCAA as Publicity Enemy Number One
Ryan Mize, Comment, From Plausibility to Clarity: An Analysis of the Implications of Ashcroft v. Iqbal and Possible Remedies
Evan E. North, Comment, Facebook Isn't Your Space Anymore: Discovery of Social Networking Websites
Kansas Law Review Criminal Procedure Survey

Volume 57

Volume 57, Issue 1

David L. Markell and Tom Tyler, Using Empirical Research to Design Government Citizen Participation Processes: A Case Study of Citizens' Roles in Environmental Compliance and Enforcement
Ann M. Scarlett, A Better Approach for Balancing Authority and Accountability in Shareholder Derivative Litigation
Tracy A. Kaye, The Gentle Art of Corporate Seduction: Tax Incentives in the United States and the European Union
Sandra F. Sperino, The "Disappearing" Dilemma: Why Agency Principles Should Now Take Center Stage in Retaliation Cases
Christina Elmore, An Enemy Within Our Midst: Distinguishing Enemy Combatants from Civilians in the War Against Terrorism

Volume 57, Issue 2

David S. Caudill, Strategic Idealizations of Science to Oppose Environmental Regulation: A Case Study of Five TMDL Controversies
Margaret Cordray and Richard Cordray, Setting the Social Agenda: Deciding to Review High-Profile Cases at the Supreme Court
John M. Bickers, Of Non-Horses, Quantum Mechanics, and the Establishment Clause
Aaron K. Johnstun and Stephen J. Ware, Farm Tractors in Kansas: How to Perfect a Security Interest
Christopher P. Winters, Cultivating a Relationship that Works: Cyber-Vigilantism and the Public Versus Private Inquiry of Cyber-Predator Stings
Carol J. Toland, Internet Journalists and the Reporter's Privilege: Providing Protection for Online Periodicals

Volume 57, Issue 3

Thomas L. Hafemeister and Sarah Payne Bryan, Beware Those Bearing Gifts: Physicians' Fiduciary Duty to Avoid Pharmaceutical Marketing
Mark A. Rothstein, Genetic Stalking and Voyeurism: A New Challenge to Privacy
Sudha Setty, No More Secret Laws: How Transparency of Executive Branch Legal Policy Doesn't Let the Terrorists Win
Michael J. Hidgon, Oral Argument and Impression Management: Harnessing the Power of Nonverbal Persuasion for a Judicial Audience
Josh Hill, Devin Ross, Brad Serafine, with foreword by Richard Levy, Survey of English-Only Laws in the United States

Volume 57, Issue 4 (Symposium Issue: Law, Reparations & Racial Disparities)

Roy L. Brooks, Toward a Post Atonement America: The Supreme Court's Atonement for Slavery and Jim Crow
Derrick Darby, Educational Equality and the Science of Diversity in Grutter: A Lesson for the Reparations Debate in the Age of Obama
William Darity Jr., Stratification Economics: Context Versus Culture and the Reparations Controversy
Ronald Caldwell Jr., The Erosion of Affirmative Action and its Consequences for the Black-White Educational Attainment Gap
Bruce Western and Christopher Wildeman, Punishment, Inequality, and the Future of Mass Incarceration
Cassia Spohn, Race, Sex, and Pretrial Detention in Federal Court: Indirect Effects and Cumulative Disadvantage
Ruth D. Peterson and Lauren J. Krivo, Race, Residence, and Violent Crime: A Structure of Inequality
Kevin Outterson, The End of Reparations Talk: Reparations in an Obama World
Daniela Ikawa and Laura Mattar, Racial Discrimination in Access to Health: The Brazilian Experience
Stacy Elmer, Health Disparities and Historical Injustice in Sierra Leone: A Case for Reparations?

Volume 57, Issue 5 (Kansas Issue)

Kansas Law Review Criminal Procedure Survey
Mike Kautsch, Press Freedom and Fair Trials in Kansas: How Media and the Courts Have Struggled to Resolve Competing Claims of Constitutional Rights
Jean Phillips & Elizabeth Cateforis, Self-Defense: What's a Jury Got to Do with It?
M.H. Hoeflich, Clarence Darrow and His Ties to Kansas
Tim Davis, Extraterritorial Application of the Writ of Habeas Corpus After Boumediene: With Separation of Powers Comes Individual Rights
Christopher Kaufman, Unsportsmanlike Conduct: 15-yard Penalty and Loss of Free Speech in Public University Sports Stadiums
Andrew Treaster, Juveniles in Kansas Have a Constitutional Right to a Jury Trial. Now What? Making Sense of In re L.M.

Volume 56

Volume 56, Issue 1

Thu-Nga T. Vo, Lifting the Curse of the SOX Through Employee Assessments of the Internal Control Environment
Megan J. Ballard, The Shortsightedness of Blind Trusts
Kelli A. Alces, Enforcing Corporate Fiduciary Duties in Bankruptcy
Osamudia R. James, Breaking Free of Chevron's Constraints: Zuni Public School District No. 89 v. U.S. Department of Education
Francis J. Baalmann, Up Squeeze-Out Merger Creek Without a Paddle: Life for Minority Interest Holders After Welch v. Via Christi Health Partners, Inc.

Volume 56, Issue 2

Howard M. Wasserman, Jurisdiction, Merits, and Non-Extant Rights
Leslie Yalof Garfield, Adding Colors to the Chameleon: Why the Supreme Court Should Have Adopted a New Compelling Governmental Interest Test for Race-Preference Student Assignment Plans
Bradley T. Borden, Policy and Theoretical Dimensions of Qualified Tax Partnerships
H. Brian Holland, In Defense of Online Intermediary Immunity: Facilitating Communities of Modified Exceptionalism
Julia Gilmore Gaughan, Institutionalization as Discrimination: How Medicaid Waivers, the ADA, and § 1983 Fail
Mike Breen, Nothing to Hide: Why Metadata Should Be Presumed Relevant

Volume 56, Issue 3

Nancy Kim, Mistakes, Changed Circumstances and Intent
Robert L. Glicksman, Coal-Fired Power Plants, Greenhouse Gases, and State Statutory Substantial Endangerment Provisions: Climate Change Comes to Kansas
Walter W. Heiser, Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic
Christopher R. Drahozal, Busting Arbitration Myths
Chris Colyer, Searching for a Solution: The Lanham Act's "Use in Commerce" Requirement in Search Engine Keyword Advertising Cases
Michael T. Crabb, "The Executive Branch Shall Construe": The Canon of Constitutional Avoidance and the Presidential Signing Statement

Volume 56, Issue 4 (Kansas Issue)

Criminal Procedure Survey
Tom Stacy, Relating Kansas Offenses
Steve Leben, Commenting on Credibility in Kansas: A Constructive Criticism of State v. Pabst
Richard E. Levy, The Tie That Binds: Some Thoughts About the Rule of Law, Law and Economics, Collective Action Theory, Reciprocity, and Heisenberg's Uncertainty Principle
Lindsey Heinz, "Please Don't Shot My Daughter!" Is There Legal Support for State-Compelled HPV Vaccination Laws? Why Ethical, Moral, and Religious Opposition to These Laws May Be Jumping the Gun
Bethany Shelton, Turning a Blind Eye to Justice: Kansas Courts Must Integrate Scientific Research Regarding Eyewitness Testimony Into the Courtroom
Annie Wells, Home on the Gun Range: Discussing Whether Kansas's New Stand Your Ground Statute Will Protect Gun Owners Who Use Disproportionate Force in Self Defense
Kelly H. Foos, Toward a Rational Seat Belt Policy in Kansas

Volume 56, Issue 5 (Symposium Issue - Biolaw: Law at the Frontiers of Biology)

Jim Chen, Biolaw: Cracking the Code
Jerry Menikoff, Beyond Abigail Alliance: The Reality Behind the Right
Andrew W. Torrance, Patenting Human Evolution
Henry T. Greely, Neuroscience and Criminal Justice: Not Responsibility but Treatment
Henry T. Greely, Remarks on Human Enhancement
Sen. Adlah Donastorg, Remarks on Environmental Stewardship in the U.S. Virgin Islands

Volume 55

Volume 55, Issue 1

Douglas D. McFarland, The True Compass: No Federal Question in a State Law Claim
Elwin Griffith, The Challenge of Communicating with the Consumer and Validating the Debt Under the Fair Debt Collection Practices Act
Robert F. Blomquist, Globoecopragmatism: How to Think (and How Not to Think) About Trade and the Environment
Jeffrey A. Parness, American General Jurisdiction Trial Courts: New Visions, New Guidelines
Crissa A. Seymour Cook, Constructive Criticism: Phillips v. AWH Corp. and the Continuing Ambiguity of Patent Claim Construction Principles

Volume 55, Issue 2

Leigh Goodmark, The Punishment of Dixie Shanahan: Is There Justice for Battered Women Who Kill?
Peggie R. Smith, Welfare, Child Care, and the People Who Care: Union Representation of Family Child Care Providers
Anders Kaye, The Secret Politics of the Compatibilist Criminal Law
David R. Hague, The Ninth Amendment: A Constitutional Challenge to Corporal Punishment in Public Schools
Guillermo Gabriel Zorogastua, Improperly Divorced from Its Roots: The Rationales of the Collateral Source Rule and Their Implications for Medicare and Medicaid Write-Offs

Volume 55, Issue 3

Ned Snow, A Copyright Conundrum: Protecting Email Privacy
Stephen R. McAllister, Funeral Picketing Laws and Free Speech
Grant M. Hayden and Stephen E. Ellis, Law and Economics After Behavioral Economics
Kimberly N. Brown, What's Left Standing? Campaign Finance Regulation and the Battle for Judicial Review
Brian Bumgardner, Fernandez-Vargas v. Gonzales: Due Process Concerns, Probable Consequences, and Possible Solutions
Jonathan Grossman, Human Embryos, Patents, and the Thirteenth Amendment

Volume 55, Issue 4 (Kansas Issue)

Criminal Procedure Survey
Robert C. Casad, In Memoriam-William Arthur Kelly
Pamela V. Keller and Elinor P. Schroeder, Survey of Kansas Employment Law
Suzanne Carey McAllister, Some Recent Developments in Kansas Residential Landlord-Tenant Law and Evictions
Brian Moline & M. H. Hoeflich, Some Kansas Lawyer Poets
M.H. Hoeflich, The Great Kansas Seed Swindle
Zach Lerner, Rethinking What Agriculture Could Use
David Warner, Are the Corporation and Its Employees the Same?: Piercing the Intracorporate Conspiracy Doctrine in a Post-Enron World
Joe Bant, United States v. Rosen: Pushing the Free Press onto a Slippery Slope?

Volume 55, Issue 5 (Symposium Issue - The Massachusetts Plan and the Future of Universal Coverage)

Perspectives on Health Reform

Timothy Stoltzfus Jost, The Massachusetts Health Plan: Public Insurance for the Poor, Private Insurance for the Wealthy, Self-Insurance for the Rest?
David A. Hyman, The Massachusetts Health Plan: The Good, the Bad, and the Ugly
Michael H. Fox, Healthcare Reform: The Rhetoric and the Reality
Theodore Marmor, Healthcare Reform: The Rhetoric and the Reality

Regulatory Issues

Joan H. Krause, Fraud in Universal Coverage: The Usual Suspects (and then Some)
Peter D. Jacobson and Rebecca L. Braun, Let 1000 Flowers Wilt: The Futility of State-Level Heath Care Reform
Amy B. Monahan, Pay or Play Laws, ERISA, Preemption, and Potential Lessons from Massachusetts

Implementing Universal Coverage

William M. Sage, Might the Fact that 90% of Americans Live Within 15 Miles of a Wal-Mart Help Achieve Universal Health Care?
Melissa B. Jacoby, Individual Health Insurance Mandates and Financial Distress: A Few Notes from the Debtor-Creditor Research and Debates
Stephen J. Ware, "Medical-Related Financial Distress" and Health Care Finance: A Reply to Professor Melissa Jacoby
Jerry Menikoff, (Too) Much Ado About the Ethics of Less-than-Universal Access to Health Care?
Elizabeth A. Weeks, Failure to Connect: The Massachusetts Plan for Individual Health Insurance

State Experiences

Christie L. Hager, Massachusetts Health Reform: A Social Compact and a Bold Experiment
Sidney D. Watson, Timothy McBride, Heather Bednarek and Muhammad Islam, The Road from Massachusetts to Missouri: What Will it Take for Other States to Replicate Massachusetts Health Reform?
Marcia J. Nielsen, Health Care System Reform in Kansas: Context, Challenges, and Capacity

Volume 54

Volume 54, Issue 1

Victor Schwartz & Cary Silverman, Commonsense Construction of Consumer Protection Acts
John E. Taylor, Using Suppression Hearing Testimony to Prove Good Faith Under United States v. Leon
William K. Sjostrom Jr., Tapping the Reservoir: Mutual Fund Litigation Under Section 36(a) of the Investment Company Act of 1940
Mary Crossley, Discrimination Against the Unhealthy in Health Insurance
Rebecca Martin, New Problems with Removable and the A.L.I.

Volume 54, Issue 2

Paul J. Zwier, The Utility of a Nonconsequentialist Rationale for Civil Jury Awarded Punitive Damages
Aya Gruber, Raising the Red Flag: The Continued Relevance of the Japanese Internment in the Post Hamdi World
Richard Raimond, The Role of Indefinite Detention in Antiterrorism Legislation
Matthew Gaus, Lock v. Davey: Discretion, Discrimination, and the New Free Exercise