KU Law Professor Explains SCOTUS Ruling on Texas Abortion Statute

"The United States Supreme Court in a 5-3 decision handed down Monday struck down a Texas law that would have severely limited the number of abortion clinics in the state. A law professor from the University of Kansas, Lumen “Lou” Mulligan explains the provisions of the law that were in question.


Mulligan explained the point of Constitutional law that the court was addressing.

KU international trade law expert reacts to Brexit, says U.S. should prioritize trade agreement with Britain

"Brexit’s effects on trade will be felt by locales worldwide, and it may surprise some that even includes Kansas, says an international trade law expert from Kansas University.


Businesses in Kansas dealing in everything from wheat to beef to GPS technology to aerospace equipment have been accustomed to being able to sell in all 28 EU countries under one set of trade rules, Bhala said. Now if they want to keep selling in Britain, they’ll have to follow two sets of rules.


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.”


Subscribe to RSS - faculty
Why KU
  • Top 25 among public law schools — Business Insider
  • KU’s Project for Innocence: 2 wrongfully convicted citizens serving life sentences freed in 2015
  • 7,700+ alumni in all 50 states, D.C., 3 U.S. territories, and 20 foreign countries
  • 91 percent overall employment rate for Class of 2015 – top 23.3 percent nationally
  • 23rd in the nation for most-improved employment rates
  • One-third of full-time faculty have written casebooks and treatises
  • 25th nationwide for lowest debt at graduation
  • 21st: “Best Schools for Practical Training”
  • 77 percent of upper-level law classes have 25 or fewer students
  • National Champions: 2016 National Native American Law Students Association Moot Court Competition
  • #19 moot court program in the nation
  • #17 “best value” law school in the nation — National Jurist Magazine