Separation of Powers Still Vital, Says KU Law Professor

"A professor of law at the University of Kansas who testified in the regular legislative session to the Senate Judiciary committee about the separation of powers said then and reiterates now their importance in government.

...

'The people of Kansas have insisted in article six of the constitution that the schools receive suitable funding,' Mulligan said. 'They put a funding provision into the constitution. When you put things into a constitution, the judges enforce them. That’s how it goes.'” 

 

256-acre gift a bit wait-and-see

"The Razorback Foundation, a public charity that supports University of Arkansas at Fayetteville athletics, took control in January 2015 of about 256 acres adjacent to the park. The property, west of South Cato Springs Road and near the Interstate 49 intersection, was a gift from Dallas Cowboys owner Jerry Jones and his wife, Gene.

Lobbyists, Legal Experts Weigh-In on School Funding Debate

"Governor Sam Brownback isn't saying yet whether he'll call the Kansas Legislature into special session to respond to a recent state Supreme Court order on public schools. The court rejected education funding changes made earlier this year by the Legislature and warned that schools will be unable to reopen after the end of this month if lawmakers don't approve additional changes to fix a $40 million imbalance in funding between rich and poor school districts. 

...

Obscure 2005 law emerges as possible tactic in Kansas schools fight

"When the Kansas Supreme Court and state legislature faced off over school finance more than a decade ago, many lawmakers insisted that judges had overreached.

So much so that they passed a law banning courts from closing schools if the issue ever got to that point again.

And now that we’re there, with a June 30 deadline looming and the threat of a school shutdown real, some legislators insist judges should go back and abide by that 2005 law.

...

Constitutional Crisis Possible, According to KU Law Professor

"A University of Kansas Law Professor says that if the Kansas Legislature does not reconvene in special session before the end of the month, we will have a constitutional crisis.

'Under our theory of government, hearkening all the way back to the 1803 U.S. Supreme Court case of Marbury v. Madison, which I imagine most of us studied in high school civics, it’s the high court that has the duty to declare what the law is,' said Professor Lumen 'Lou' Mulligan. Mulligan is the Director of the Shook, Hardy & Bacon Center for Excellence in Advocacy at KU.

Professor argues for 'postracial remedies' to address American racial disparities in constitutional way

Tuesday, May 17, 2016

LAWRENCE — For many people, Barack Obama’s election to the nation’s highest office proved that race is no longer a barrier to the American Dream — that we are living in a “postracial” society. The Supreme Court’s equal protection jurisprudence seems to support this position. However, evidence suggests that lingering racial bias persists in police relations, education, incarceration, employment and other aspects of everyday life. A University of Kansas law professor has co-authored an article calling for “postracial remedies” as a means to fight these disparities in a politically feasible, constitutional way.

The Supreme Court has limited the availability of remedies for racial inequality by blocking race-specific measures such as affirmative action, rejecting constitutional claims based on “disparate impact” and ruling that the Constitution does not prohibit private acts of discrimination. Given these legal precedents, coupled with the fact that racial harmony has not become reality, Richard Levy and Derrick Darby propose “pragmatic solutions for the economic, social and structural problems that disproportionately burden African-Americans without treating people differently because of their race.”

“We are hopeful that creating a rising tide to lift all boats can go a long way toward mitigating racial disparities in America,” they wrote.

Levy, the J.B. Smith Distinguished Professor of Constitutional Law at KU, and Darby, professor of philosophy at the University of Michigan, began their collaboration when Darby, who was then a faculty member in KU’s philosophy department, served an intra-university professorship in the law school, and the two co-taught a seminar on socioeconomic rights that require government support, such as a right to education. The two collaborated on an article shortly thereafter and continued to discuss various issues of mutual interest.

“Over the course of our discussions, Derrick would often talk about postracialism and how it’s come to dominate our political landscape,” Levy said. “I drew the connection to legal doctrine, particularly to the Supreme Court’s equal protection jurisprudence.”

Levy and Darby have presented their study at the University of Chicago Law School, Stanford University and the KU School of Law. They don’t agree that the days of slavery, Jim Crow laws and overt racism are completely in the past. Instead, they recognize that race-specific solutions face significant political and legal barriers. While the left wing of the political landscape argues reparations and affirmative action are necessary to compensate for past discrimination and the opposing side argues enough time has passed for African-Americans to “solve their own problems,” Levy and Darby contend there are countless good reasons to address racial disparities, regardless of blame or political persuasion.

The authors argue that it is more effective to target the socioeconomic issues underlying racial disparities on the theory that solving these broader problems will also reduce racial inequality. For example, enhancing investments in public education or offering free college tuition could help counter educational disparities for many people.

Solutions should not come from litigation first, they argue, but through policy, voluntary changes, elections and political work.

“We think the big advantage of this approach is, instead of creating a zero-sum game, it invites bridge building and solutions that are much more likely to withstand legal challenges,” Levy said.

Implementing changes at the local level will help identify approaches that can be followed elsewhere. On the national stage, political divisiveness impedes progress. But at the community level, people are often more concerned with solving problems than with ideology, Levy said.

The article cites improving relationships between police forces and minority communities as an example. This goal is more likely to be achieved by asking, “How can we avoid becoming the next Ferguson, Missouri?” than through a confrontation that accuses both sides of being racist.

“As the current presidential election season makes clear, the nation is deeply polarized about many matters, including issues of race. We disagree about whether race still matters, whether discrimination is still a major factor in perpetuating inequality, and over what role, if any, society should play in addressing such matters,” Darby said. “Our research calls attention to the philosophical, psychological and constitutional obstacles to addressing racial disparities using remedies that focus on race. And we argue that remedies which are sensitive to the problems of race, but that are not race specific, are a promising way forward for dealing with racial inequality in view of these obstacles.”

The authors make clear that pursuing postracial remedies does not require accepting a postracial narrative, nor abandonment of advocacy to combat discrimination.

“We do not suggest that advocates of racial justice should be silent about” ongoing discrimination, implicit biases or systemic barriers, Levy and Darby wrote. “We do, however, suggest that there may be practical advantages to addressing them without the use of race-specific remedies, which are both politically and legally unrealistic at the moment.”

Although the United States is clearly not a postracial nation, Levy and Darby argue that postracial remedies are “sorely needed in our deeply polarized society smitten by the belief that race and racism are no longer significant barriers to living the American Dream.”

Law professor Virginia Harper Ho awarded tenure

Wednesday, May 11, 2016

LAWRENCE — Chancellor Bernadette Gray-Little has approved promotion and the award of tenure where indicated for 70 individuals at the University of Kansas Lawrence and Edwards campuses and 66 individuals at the KU Medical Center campuses.

Chancellor Gray-Little, Interim Provost and Executive Vice Chancellor Sara Rosen, who chairs the University Committee on Promotion and Tenure on the Lawrence campus, and Dr. Douglas Girod, executive vice chancellor at the KU Medical Center, issued a joint statement of congratulations.

“Congratulations to the exceptional faculty and researchers who’ve reached the next milestone in their careers. These faculty represent the comprehensive research and educational excellence of our vibrant campuses. KU’s dedicated scholars and educators are addressing the challenges of our changing world and driving this university forward as a major research institution. Their enthusiasm and involvement further our mission of educating leaders, building healthy communities and making discoveries that change the world. The commitment they have to ensure students succeed is inspiring.

“The University Committees on Promotion and Tenure on both campuses did an excellent job evaluating the many eligible candidates. We hope the entire university will join us in recognizing these educators who devote their talents and energy to uphold the institution's ideals through research, teaching and service.”

At the KU Lawrence and Edwards Campuses

To full professor

  • Giselle Anatol, English           
  • Christopher Anderson, business
  • Rafe Brown, ecology & evolutionary biology/senior curator, Biodiversity Institute
  • Roberto de Guzman, molecular biosciences
  • David Fowle, geology 
  • Sherry Fowler, history of art
  • Bruce Frey, educational psychology
  • Brian Haaheim, music
  • Virginia Harper Ho, law, with tenure
  • Alfred Tat-Kei Ho, public affairs & administration
  • Matthew Jacobson, film & media studies
  • Kirsten Jensen, ecology & evolutionary biology/senior curator, Biodiversity Institute
  • Mark Joslyn, political science
  • Clarence Lang, African & African American studies/American studies
  • Gwendolyn Macpherson, geology
  • Lorin Maletsky, mechanical engineering
  • Jeremy Martin, mathematics
  • Kristi Neufeld, molecular biosciences
  • Ebenezer Obadare, sociology
  • Jennifer Roberts, geology
  • Karrie Shogren, special education/senior scientist, Life Span Institute
  • Candan Tamerler, mechanical engineering, with tenure
  • Kevin Willmott, film & media studies
  • Liang Xu, molecular biosciences
  • Jie Zhang, linguistics

To associate professor with tenure

  • Jacquelene Brinton, religious studies
  • Scott Bronson, business
  • Darren Canady, English
  • Eric Deeds, molecular biosciences/Center for Computational Biology
  • John Derby, visual art
  • Prajnaparamita Dhar, chemical & petroleum engineering
  • Christopher Elles, chemistry
  • Mariana De Oliveira Farah, music
  • Jacob Fowles, public affairs & administration
  • Sarah Frisof, music
  • Veronica Garibotto, Spanish & Portuguese
  • Deanna Hanson-Abromeit, music
  • Mathew Johnson, mathematics
  • Chad Kraus, architecture
  • Rachel Krause, public affairs & administration
  • Lingjia Liu, electrical engineering & computer science
  • Marshall Maude, visual art
  • Felix Meschke, business
  • Radu “Alex” Moise, pharmacology & toxicology
  • Peter Ojiambo, African & African American studies
  • Alison Olcott Marshall, geology
  • Jarron Saint Onge, sociology/health policy & management, KU Medical Center
  • Armin Schulz, philosophy
  • Hyunjin Seo, journalism
  • William Leo Smith, ecology & evolutionary biology/associate curator, Biodiversity Institute
  • Antonio Tosta, Spanish & Portuguese
  • Zhuo Wang, pharmaceutical chemistry
  • Jomella Watson-Thompson, applied behavioral science
  • Wei Wu, psychology
  • Molly Zahn, religious studies

Tenure awarded at current rank of associate professor

  • Andres Lepage, civil, environmental & architectural engineering

KU Libraries

  • Karen Cook, to librarian
  • Laura Ada Emmett, to librarian
  • Sara Morris, to librarian
  • Brian Rosenblum, to librarian
  • Miloche Kottman, to associate librarian with tenure

Academic Staff (effective with the start of Fiscal Year 2017)

  • Kathleen Baggett, Life Span Institute, to research professor
  • Susan Earle, Spencer Museum of Art, to associate curator
  • Kris Ercums, Spencer Museum of Art, to associate curator
  • Michael Hock, Center for Research on Learning, to senior scientist
  • Rudy Serbet, Biodiversity Institute, to senior specialist
  • Celka Straughn, Spencer Museum of Art, to associate specialist
  • Janelle Ruisinger, pharmacy practice, to clinical professor
  • Jie Bang “Stephen” Yan, Center for Remote Sensing of Ice Sheets, to associate scientist
  • Qiang “Charles” Ye, Bioengineering Research Center, to associate scientist

At the KU Medical Center Campuses

To associate professor (affiliate track, Stowers Institute, nontenure track)

  • Julia Zeitlinger, School of Medicine-Kansas City Campus Department of Pathology and Laboratory Medicine

To professor on clinical scholar track (nontenure track)

  • John Dorsch, School of Medicine-Wichita Campus Department of Family and Community Medicine
  • Mike Kennedy, School of Medicine-Kansas City Campus Department of Family Medicine
  • Richard Korentager, School of Medicine-Kansas City Campus Department of Plastic, Burn and Wound Surgery
  • Franz Winklhofer, School of Medicine-Kansas City Campus Department of Internal Medicine

To associate professor on clinical scholar track (nontenure track)

  • Osama Almadhoun, School of Medicine-Kansas City Campus Department of Pediatrics
  • Jane Broxterman, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Zachary Collins, School of Medicine-Kansas City Campus Department of Radiology
  • Krishna Dummula, School of Medicine-Kansas City Campus Department of Pediatrics
  • Winston Dunn, School of Medicine-Kansas City Campus Department of Internal Medicine
  • L. Christine Faulk, School of Medicine-Wichita Campus Department of Internal Medicine
  • Ann Genovese, School of Medicine-Kansas City Campus Department of Psychiatry
  • Kari Harris, School of Medicine-Wichita Campus Department of Pediatrics
  • Archie Heddings, School of Medicine-Kansas City Campus Department of Orthopedic Surgery
  • Robin Heinrichs, School of Medicine-Wichita Campus Department of Psychiatry
  • Gina Hendren, School of Medicine-Kansas City Campus Department of Anesthesiology
  • Erica Howe, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Marc Inciardi, School of Medicine-Kansas City Campus Department of Radiology
  • Jessica Kalender-Rich, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Vincent Key, School of Medicine-Kansas City Campus Department of Orthopedic Surgery
  • Theresa King, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Deborah Kroeker, School of Medicine-Wichita Campus Department of Pediatrics
  • Angela Lennon, School of Medicine-Kansas City Campus Department of Pediatrics
  • James Lin, School of Medicine-Kansas City Campus Department of Otolaryngology
  • Tara Lin, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Becky Lowry, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Smith Manion, School of Medicine-Kansas City Campus Department of Anesthesiology
  • Katherine Palmieri, School of Medicine-Kansas City Campus Department of Anesthesiology
  • Vishal Pandey, School of Medicine-Kansas City Campus Department of Pediatrics
  • William Salyers Jr., School of Medicine-Wichita Campus Department of Internal Medicine
  • John Sojka, School of Medicine-Kansas City Campus Department of Orthopedic Surgery
  • Damion Stevens, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Kimberly Swan, School of Medicine-Kansas City Campus Department of Obstetrics and Gynecology

To professor (clinical track, full-time, nontenure track)                                                            

  • Grace Shih, School of Medicine-Kansas City Campus Department of Anesthesiology

To clinical professor (clinical track, full-time, nontenure track)

  • William Cathcart-Rake, School of Medicine-Salina Campus Department of Internal Medicine

To clinical professor (clinical track, volunteer, nontenure track)

  • Randall Morgan, School of Medicine-Wichita Campus Department of Obstetrics and Gynecology
  • Tarris Rosell, School of Medicine-Kansas City Campus Department of History and Philosophy of Medicine 

To associate professor (clinical track, full-time, nontenure track)

  • Jennifer Jackson, School of Medicine-Wichita Campus Department of Internal Medicine

To clinical associate professor (clinical track, full-time, nontenure track)

  • Abha Shah, School of Medicine-Kansas City Campus Department of Anesthesiology
  • Jason Sokol, School of Medicine-Kansas City Campus Department of Ophthalmology

To clinical associate professor (clinical track, volunteer, nontenure track)

  • Bradley Barth, School of Medicine-Kansas City Campus Department of Emergency Medicine
  • David Lisbon, School of Medicine-Kansas City Campus Department of Emergency Medicine
  • Melissa Hague, School of Medicine-Wichita Campus Department of Obstetrics and Gynecology
  • Jared Marx, School of Medicine-Kansas City Campus Department of Emergency Medicine

To associate professor (educator track with tenure)

  • Catherine Satterwhie, School of Medicine-Kansas City Campus Department of Preventive Medicine and Public Health  

To professor (educator track with tenure)

  • Ming Zhang, School of Medicine-Kansas City Campus Department of Anatomy and Cell Biology

To professor with tenure

  • Lemuel Russ Waitman, School of Medicine-Kansas City Campus Department of Internal Medicine

To professor (previously tenured)

  • Guoqing Chen, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Cheryl Gibson, School of Medicine-Kansas City Campus Department of Internal Medicine
  • Benyi Li, School of Medicine-Kansas City Campus Department of Urology
  • Gregory Reed, School of Medicine-Kansas City Campus Department of Pharmacology, Toxicology and Therapeutics
  • Michael Werle, School of Medicine-Kansas City Campus Department of Anatomy and Cell Biology

Tenure awarded (at current rank of associate professor)

  • Brooke Fridley, School of Medicine-Kansas City Campus Department of Biostatistics
  • Xiaogang Li, School of Medicine-Kansas City Campus Department of Internal Medicine

To associate professor with tenure

  • Gretchen Dickson, School of Medicine-Wichita Campus Department of Family and Community Medicine
  • Jeannine Goetz, School of Health Professions Department of Dietetics and Nutrition
  • Severin Gudima, School of Medicine-Kansas City Campus Department of Microbiology
  • Tami Gurley, School of Medicine-Kansas City Campus Department of Health Policy and Management
  • Holly Hull, School of Health Professions Department of Dietetics and Nutrition
  • Sarah Kessler, School of Medicine-Kansas City Campus Department of Family Medicine
  • Sean Kumer, School of Medicine-Kansas City Campus Department of Surgery
  • Matthew Macaluso, School of Medicine-Wichita Campus Department of Psychiatry
  • Laura Martin, School of Medicine-Kansas City Campus Department of Preventive Medicine and Public Health
  • Priya Padmanabhan, School of Medicine-Kansas City Campus Department of Urology
  • Neena Sharma, School of Health Professions Department of Physical Therapy and Rehabilitation Science
  • Catherine Siengsukon, School of Health Professions Department of Physical Therapy and Rehabilitation Science.

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Why KU
  • One-third of full-time faculty have written casebooks and treatises
  • 2 KU law faculty were U.S. Supreme Court clerks
  • KU’s Project for Innocence: 34 conviction reversals since 2009
  • 7,600+ alumni in all 50 states, D.C., and 21 foreign countries
  • #18 “best value” law school in the nation — National Jurist Magazine
  • 12 interdisciplinary joint degrees
  • 20th nationwide for lowest debt at graduation. — U.S. News & World Report
  • 80 percent of upper-level law classes have 25 or fewer students
  • More than 600 employment interviews at law school, 2014-15
  • 92 percent overall employment rate for Class of 2014 – top 20 percent nationally
  • 23rd: for number of law alumni promoted to partner at nation’s largest law firms
  • #1 in Kansas and Missouri for July 2015 bar exam performance