City of Lawrence moves excessive-force lawsuit against police department to federal court

The City of Lawrence has moved an excessive-force case involving its police department to federal court and requested that the case go to trial.

Last month, a motorist who was shot by police after a traffic stop turned violent filed a lawsuit in Douglas County District Court claiming that police used excessive force against him and that the city failed to properly train its officers. On Wednesday, attorneys representing the city moved the case to the United States District Court of Kansas City, Kan., and requested a trial by jury.

Is personal jurisdiction constitutionally self-enacting?

Federal Rule of Civil Procedure 4(k) generally limits the scope of a federal district court’s personal jurisdiction to that of the state in which it sits. We have this paralleling of state- and federal-court personal jurisdiction despite the fact that the Fourteenth Amendment limits only the states’ exercise of personal jurisdiction while it is the Fifth Amendment that presumptively regulates the federal exercise of that same power.

School of Law program grants access to free bar exam prep courses

The University of Kansas School of Law now offers graduates a free bar exam preparation program, through a partnership with Themis Bar Review.

Associate Dean of the School of Law Lumen Mulligan said preparation courses proved to be related to successful bar exam passage rates, per a study conducted by the School of Law. Cost quickly became a barrier for students, with costs increasing over the past few years – at upwards of $3,000, according to Mulligan.

Trump’s birthright citizenship position contrary to 14th Amendment and U.S. Supreme Court precedent, KU law professor says

President Donald Trump said in an interview that he wanted to end the practice of birthright citizenship. A constitutional law professor from the University of Kansas says such an action would be in violation of the 14th Amendment to the Constitution.

Judge dismisses Wichita shooting suit, says jury could have found cops used excessive force

Wichita police killed a 23-year-old man running away from a club in the city’s Old Town entertainment district six years ago after someone fired a gun into a crowd at closing time.

The officers who chased Marquez Smart on March 10, 2012, believed he was the shooter, followed him and shot at him, hitting him five times from behind.

Others say Smart was innocent, trying to escape bullets and chaos like everyone else when he was wrongly gunned down.

Sessions rails against ‘activist judges’ with new DOJ guidelines on judicial orders

Attorney General Jeff Sessions pushed back against “the resistance” and “activist judges” on Thursday in Kansas City, where he announced new Justice Department guidelines on nationwide injunctions, or judicial orders that have broader applications than a specific case.

Sessions spoke to reporters and Justice Department officials at the Charles Evans Whittaker U.S. Courthouse in downtown Kansas City to rail against what he called “abuses of judicial power.”

LGBTQ civil rights case could test textual interpretation of law, says KU professor

Kansas Attorney General Derek Schmidt has joined with officials from 15 other states in a brief asking the U.S. Supreme Court to declare that transgender workers are not protected under federal workplace anti-discrimination laws codified in the Civil Rights Act of 1964.

The states, led by Nebraska, are asking the court to overturn a decision from the 6th U.S. Circuit Court of Appeals.

Brett Kavanaugh recusals likely to disappoint conservatives

Conservatives were hoping to get a new justice onto the Supreme Court before a major case involving illegal immigrants’ rights to abortion reaches the justices, but they may end up being disappointed by Judge Brett M. Kavanaugh, President Trump’s nominee to fill the looming vacancy.

Since he participated in the case while on the Circuit Court of Appeals for the District of Columbia, Judge Kavanaugh would have to recuse himself when the case reached the justices, under standard court practice.

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