Kansas Law Review

2022-2023 Board of Editors

Editor-in-Chief

Evan Bolton

Managing Editor

Sarah Schmitz

Executive Comments Editor

Toni Ruo

Symposium Editor

Doug Bartel

Articles Editors

Kristen Andrews
Patrick Grey
Erin Levy
Jack Nielsen
Lauren Page

Comments Editors

Alex Speakar
Caitlin Steimle
Jessica Steffen

Staff Editors

Allison Baden
Benjamin Baker
Chris Birzer
Karlie Bischoff
Drew Davis
Rosston Eubank
Brooke Flucke
Ryan Kielczewski
Hayley Koontz
Sophia Leonard
Amanda McElfresh
Andrew McLeese
Hailey Reed
Elizabeth Rohr
Cayden Sears
Makaela Stevens
Collin Studer
Alden Vogel
Justin Watkins
Richard Weber

The Kansas Law Review requests that contributors submit the following:

1. A cover letter with complete contact information.
2. A curriculum vitae, or other information about the author.
3. A copy of your article.

We accept submissions in several different formats:

1. Use of Scholastica for submission is preferred.
2. You may also submit the article electronically, preferably in Word format, to kulawrev@ku.edu.
3. Hard copies, if desired, may be submitted to:

   Managing Editor, Kansas Law Review
   University of Kansas School of Law
   1535 W. 15th Street
   Lawrence, KS 66045

4. There is no maximum page limit, and articles of all lengths will be considered. The only student pieces we publish are those written by University of Kansas School of Law students.

Publishing with the Kansas Law Review

Our Editing Process

The Law Review’s editing process is designed to maintain the author’s voice and style while ensuring proper grammar and citation. We take seriously the author's comments throughout the editing process. And generally, we conceive of the editing process as an interactive collaboration between the author and our editors.

Each article goes through three rounds of editing and proofreading. The author receives two opportunities to make substantive and stylistic edits and review our edits, and one additional opportunity to review the final version of the article before it is printed. Our editors draft memos for each author highlighting editorial changes and questions.

Authors who have published in the Law Review have been pleased with our approach to editing. We make changes only to fix grammar and Bluebook citations. We do not change style. Where we think sentences or sections are unclear, we mark them and ask the author for clarification.

Our Goals

We strive to publish articles on timely and practical legal issues, particularly those that are pertinent to our region. Pertinent topics include energy, agriculture, water, and state law issues in general. We aim to establish the Law Review as a general law review that is especially well known among writers and readers as a source for discussions of these legal areas. Practitioners and judges in addition to law professors are encouraged to submit their articles to the Law Review.

Complimentary Reprints

The Law Review furnishes authors with 25 complimentary reprints of their articles. The complimentary reprints are bound alone with a special cover that designates only the author's name and the title of the author’s article. We also provide authors with three free copies of the entire issue in which the author’s article appears. Additional copies of bound articles are available upon request for a small fee.

Promptness

The Law Review has an impeccable record of following its editing schedule. Maintaining this record is a high priority for our editors. The annual schedule is as follows:

• Issue 1: October
• Issue 2: December/January
• Issue 3: March
• Issue 4: April
• Issue 5: May/June

How to Subscribe

To begin a subscription to the Kansas Law Review, please complete the form on our website: https://kansaslawreview.ku.edu/subscribe/.

The Kansas Law Review also welcomes subscription requests sent to our email address: kulawrev@ku.edu. If you send your subscription request via email, please include the following information:

Subscriber's name
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The rates for an annual subscription, consisting of five issues, are as follows:

To residents within the United States: $54
To addresses outside the United States: $66

Single issues may be ordered as well. Single issue rates are $20 for addresses within the United States and $25 for addresses outside the United States.

For Kansas subscriptions, sales tax will be added to the total cost. If your organization has a Kansas Sales Tax Exemption Certificate, please email the Kansas Law Review a copy at kulawrev@ku.edu.

Request Permission to Reprint

To request permission to reprint please write to:

Managing Editor
Kansas Law Review
University of Kansas School of Law
1535 W. 15th Street
Lawrence, KS 66045-7608

We also welcome requests by phone at 785-864-3463 and by email at kulawrev@ku.edu.

Please include the following information in your request:

• Name
• Address
• Phone number
• Email address
• Full citation of the article you wish to reprint
• Title and nature of the work in which the article would be reprinted
• Response deadline
• Any additional information that you believe will be helpful

Volume 69, Issue 1

• Stephen Mazza, "Martin Dickinson: 48 Years of Dedicated Service to KU Law" (.pdf)
• Steve Leben, Getting it Right Isn't Enough: The Appellate Court's Role in Procedural Justice (.pdf)
• Warigia M. Bowman, Dust in the Wind: Regulation as an Essential Component of a Sustainable and Robust Wind Program (.pdf)
• Yvette Joy Liebesman & Julie Cromer Young, The AI Author in Litigation (.pdf)
• Ryan Kelly, ICE-D Out: A Constitutional Relatedness Analysis of the Bonus Points Awarded to Jurisdictions Cooperating with Federal Immigration Goals (.pdf)
• Shelby Sternberg Moylan, Context to Overcome Definition: How the Supreme Court Used Statutory Interpretation to Define "Person" and "Sex" (.pdf)

Volume 69, Issue 2

• Jennifer Wimsatt Pusateri, It is Better to be Safe When Sorry: Advocating for a Federal Rule of Evidence that Excludes Apologies (.pdf)
• Peter Wendel, Testamentary Transfers and the Intent Versus Formalities Debate: The Case for a 'Charitable' Common Ground (.pdf)
• Blake Saffels, "Death by a Thousand Paper Cuts" - How The Kansas Supreme Court Should Stop the State Legislature's Systematic Decimation of Workers Compensation Benefits (.pdf)
• Garrison Matthews, Picking up a 7-10 Split: Studying the Seventh Circuit's Northern Border Opinion For a Tenth Circuit Solution (.pdf)

Volume 69, Issue 3

• Jessie Allen, Lawyers for White People? (.pdf)
• Rigel C. Oliveri, Sexual Orientation and Gender Identity Discrimination Claims Under the Fair Housing Act After Bostock v. Clayton County (.pdf)
• Tung Yin, Learning from the Jeffrey Epstein Mess: It’s Time to Add a Cause of Action for Damages to the Crime Victims’ Rights Act (.pdf)
• Catherine Martin Christopher, Error Correction Mechanisms for Transactional Script Smart Contracts (.pdf)
• M.H. Hoeflich, Dressing for Success: Lawyers & Clothing in Nineteenth Century America (.pdf)
• Emily Otte, Toxic Secrecy: Non-Disclosure Agreements and #MeToo (.pdf)

Volume 69, Issue 4

• T. Quinn Yeargain, Bad Motivation With Good Results: The Merit Of Filling Statewide Executive Vacancies With Same-Party Appointments (.pdf)
• Max Kautsch, Balancing Act: Harmonizing K.S.A. § 60-2617 with the “Fossey rule” to Preserve the Rights of Both Litigants and the Public in Traditionally (.pdf)
• M.H. Hoeflich, A Rare Edition of the Leavenworth City Charter & Ordinances: A Vignette of Life in 1870 Kansas (.pdf)
• Michael Raven, Unenumerated Rights, State Supreme Court Decisions and The Ninth Amendment: Toward A New Interpretation of The Inkblot (.pdf)
• Madison L. Moore, Legal and Public Notices Need to be Where the Public Notices: Why Kansas’s Antiquated Laws Requiring Notice by Publication in Print Newspapers Violate Kansans’ Procedural Due Process Rights (.pdf)

Volume 69, Issue 5

• Joseph P. Tomain, Bridging Troubled Water: Clean Energy 50 Years After The Greening of America (.pdf)
• Joel B. Eisen, COVID-19’s Impact on Renewable Energy Development (.pdf)
• Elizabeth Ann Kronk Warner, Renewable Energy Depends on Tribal Sovereignty (.pdf)
• Uma Outka, Renewable Energy Siting for the Critical Decade (.pdf)
• Melissa Powers, Natural Gas Lock-In (.pdf)

Volume 68, Issue 1

• Frank D. LoMonte, Putting the ‘Public’ Back into Public Employment: A Roadmap for Challenging Prior Restraints That Prohibit Government Employees from Speaking to the News Media (.pdf)
• Douglas R. Richmond, Understanding Conflicts of Interest in Environmental Law (.pdf)
• Nancy M. Modesitt, A New Type of Circuit Split: The Hidden Circuit Split in Retaliation Cases (.pdf)
• Emily K. Leiker, When Will It End? Whether the Right-to-Sue Letter Effectively Limits the EEOC's Investigative Authority (.pdf)
• Maddie Level, Unboxing the Issue: The Future of Video Game Loot Boxes in the U.S. (.pdf)

Volume 68, Issue 2

• Mae C. Quinn, Fallen Woman Further (Re)Framed: Jewels and Travels, Tragedies and Secrets, Judge Jean Hortense Norris (.pdf)
• Michael D. Murray, Mise en Scène and the Decisive Moment of Visual Legal Rhetoric (.pdf)
• Nicolas A. Novy, The Problem of Coerced Consent: When Voluntary Departure Isn’t So Voluntary (.pdf)
• Bridget Brazil, Trump v. Hawaii: Government Statements, Immigration, and First Amendment Jurisprudence (.pdf)
• Rafael Ramos Aguirre, Cofiduciary Contribution and Indemnification in ERISA: Not Implicit Remedies (.pdf)

Volume 68, Issue 3

• Shelley Ross Saxer, Paying for Disasters (.pdf)
• Lee Farnsworth, Conflicts of Law, Federalism, and Institutional Competence (.pdf)
• Angela C. Carmella, Progressive Religion and Free Exercise Exemptions (.pdf)
• Ramona C. Albin, Appropriating Women’s Thoughts: The Admissibility of Sexual Fantasies and Dreams Under the Consent Exception to Rape Shield Laws (.pdf)
• Joy Merklen, The Single-Headed Fourth Branch: Judge Kavanaugh, PHH Corp. v. Consumer Financial Protection Bureau, and the Future of the Social Security Administration (.pdf)

Volume 68, Kansas Issue

• Robert L. Glicksman, A Tribute to George Cameron Coggins, Public Lands Maverick (.pdf)
• Michael J. Davis, In Memoriam: William E. Westerbeke (.pdf)
• M.H. Hoeflich, Law Book Hunting in the Heartland: A Life in Books (.pdf)
• Richard E. Levy, Constitutional Rights in Kansas After Hodes & Nauser (.pdf)
• Sydney Buckley, Getting SLAPP Happy: Why the U.S. District Court for the District of Kansas Should Adopt the Ninth Circuit’s Approach When Applying the Kansas Anti-SLAPP Law (.pdf)
• Sasha M. Raab, Playing Doctor: When Crisis Pregnancy Centers and States Blur the Line of Informed Consent (.pdf)

Volume 68, Symposium Issue

• Derek Schmidt & Lynette R. Bakker, Kansas Antitrust Developments in the 21st Century: A Perspective from the Attorney General’s Office (.pdf)
• Geoffrey A. Manne, Kristian Stout & Eric Fruits, The Fatal Economic Flaws of the Contemporary Campaign Against Vertical Integration (.pdf)
• Elyse Dorsey, Anything You Can Do, I Can Do Better––Except in Big Tech?: Antitrust’s New Inhospitality Tradition (.pdf)
• Jéssica Dutra, Paradigm Shifts on Merger Efficiencies in Antitrust Analysis (.pdf)
• Joshua D. Wright & John M. Yun, Use and Abuse of Bargaining Models in Antitrust (.pdf)
• Thomas A. Lambert, The Limits of Antitrust in the 21st Century (.pdf)
• Sean P. Sullivan, Anticompetitive Entrenchment (.pdf)
• Roger P. Alford, Promoting International Procedural Norms in Competition Law Enforcement (.pdf)

Articles from previous issues and volumes of the Kansas Law Review are available through KU ScholarWorks.

2021 Kansas Law Review Symposium

Judicial Conduct & Misconduct: A Review of Judicial Behavior from Sexting to Discrimination

November 15, 2021
12:30 - 3:30 p.m.
Virtual event

Tasked with resolving all matters before them, judges are perceived to be impartial, fair and just. They are expected to behave ethically according to the Model Code of Judicial Conduct. Their authority, however, has prevented judges from always seeing the consequences of their actions. Judges have allegedly engaged in many unethical behaviors such as sexting through smartphone applications and emails, posting about political biases and confidential cases on social media, and engaging in discrimination against staff and litigants. 

The Kansas Law Review Symposium will host a panel of judicial ethics experts from across the country to discuss judicial conduct and misconduct, guidelines necessary to promote ethical behavior, and reforms needed to prevent any similar conduct in the future.

A recording of the symposium is available on KU Law's YouTube channel.

Visit the 2021 Kansas Law Review Symposium event page for a full schedule and abstracts of the speakers' presentations.

No CLE credit was offered during the symposium.

Scholarship associated with the symposium will be published in a spring 2022 edition of the Kansas Law Review.

Speakers and topics included:

• Keynote speaker: Hon. Caleb Stegall | Kansas Supreme Court | "The Ethics of Decision Making: Result Oriented Judging and the Oven of Akhnai"
• Ross Davies | Antonin Scalia Law School, George Mason University | "Impeachment By Any Other Name"
• Michael Ariens | St. Mary’s University School of Law​​​​​​​ | "The Appearance of Appearances"
• Stephen Sheppard​​​​​​​ | St. Mary’s University School of Law​​​​​​​ | "Justice and the Rules: The Moral Obligations of Magistracy Versus Canons, Codes, and Rules of Judicial Conduct"
• Susan Saab Fortney​​​​​​​ | Texas A&M University School of Law​​​​​​​ | "Taking Courthouse Discrimination Seriously: The Role of Ethical Leadership by Judges"
• Christopher Joseph​​​​​​​ | Joseph, Hollander & Craft, LLC | "Representing Judges in Judicial Conduct Cases"

2020 Kansas Law Review Symposium

Accelerating Clean Energy: The Next Decade of Reform

October 16, 2020
1-3:30 p.m.
Virtual event

Speakers from across the nation presented and discussed the topic of "Accelerating Clean Energy: The Next Decade of Reform” at the 2020 Kansas Law Review Symposium.

We are now at a point in the renewable energy transition that wind and solar power have become essential generation resources on the electric grid. For the first time, in 2019, wind overtook coal production in two states – Kansas and Iowa. At the same time, the next phase of development will only be more challenging. Fossil energy companies are fighting to preserve market share through litigation and advocacy at the state and federal levels; new facilities are facing opposition as they are proposed closer to population centers; and grid governance continues to evolve and adapt to accommodate increased intermittent power sources.

Current legal frameworks have carried renewables this far, but are they sufficient to accelerate clean energy in the next decade? We know from the Intergovernmental Panel on Climate Change that the next ten years – 2020 to 2030 – is critical for climate change mitigation. The overarching question the symposium will explore is – what reforms are needed in law and policy to accelerate clean energy over the next critical decade?

No CLE credit was offered during the symposium.

Speakers and topics included:

• Joel Eisen | University of Richmond School of Law | "COVID-19’s Impact on Renewable Energy Development"
• Elizabeth Kronk Warner | University of Utah S.J. Quinney College of Law | "Renewable Energy Development in Indian Country"
• Uma Outka | University of Kansas School of Law | "Renewable Energy Siting for the Critical Decade"
• Melissa Powers | Lewis & Clark Law School | "Beyond Natural Gas: Lessons from the Beyond Coal Movement to Prevent Natural Gas Lock-In"
• Joseph Tomain | University of Cincinnati College of Law | "Still Greening After All These Years"

2019 Kansas Law Review Symposium

Antitrust Law and Policy in the 21st Century

November 8, 2019
8:45 a.m. - 4:30 p.m.
University of Kansas School of Law
Green Hall

Antitrust law has returned to prominence on the national stage. The 2019 Kansas Law Review Symposium will explore the legal and economic questions raised by recent developments in antitrust law.

Speakers included:

• Roger P. Alford| Notre Dame Law School
• Elyse Dorsey | Federal Trade Commission
• Jéssica Dutra | Economists Incorporated
• Thom Lambert | University of Missouri School of Law
• Derek Schmidt | Attorney General, State of Kansas
• Kristian Stout | International Center for Law & Economics
• Sean Sullivan | The University of Iowa College of Law
• John Yun | Antonin Scalia Law School, George Mason University

2018 Kansas Law Review Symposium

Addicted: Legal Perspectives on the Opioid Epidemic

September 21, 2018
9 a.m. - 4 p.m.
104 Green Hall

Killing over 115 Americans every day, the opioid epidemic has become one of our nation’s foremost health crises. The 2018 Kansas Law Review Symposium brought together scholars of varying backgrounds to explore legal issues and perspectives related to this epidemic. 

Speakers included:

• Elizabeth Weeks, Associate Dean for Faculty Development and J. Alton Hosch Professor of Law, University of Georgia
• James G. Hodge, Jr.,Professor of Law, Arizona State University
• Kelly K. Dineen,Assistant Professor & Director, Health Law Program, Creighton University
• Laura Hines, Professor of Law, University of Kansas School of Law
• Micah Berman, Associate Professor of Public Health and Law, Ohio State University
• Stacy L. Leeds, Professor of Law and Vice Chancellor for Economic Development, University of Arkansas
• Stacey A. Tovino, Judge Jack and Lulu Lehman Professor of Law, University of Nevada Las Vegas

2017 Kansas Law Review Symposium

Inequity and the Law

October 20, 2017
9 a.m. - 4:15 p.m.
University of Kansas School of Law
Green Hall

While the law is equated with justice, it is not free from the inequities that exist in society. The Kansas Law Review 2017 Symposium brought together legal scholars and thinkers from a variety of perspectives who addressed how inequity affects their fields of expertise, including education, immigration and business.

Speakers included:

• Alia Al-Khatib, Law Fellow at the Southern Poverty Law Center
• Bertrall Ross,Professor of Law, Berkeley Law
• Jamila Jefferson-Jones, Associate Professor of Law, University of Missouri-Kansas City School of Law
• Jayesh Rathod,Professor of Law, American University Washington College of Law
• Lua K. Yuille, Associate Professor of Law, University of Kansas
• Matthew Shaw, Assistant Professor of Law, Assistant Professor of Education, Vanderbilt University
• Richard Hynes, John Allan Love Professor of Law, University of Virginia
• Yolanda Vazquez, Associate Professor of Law, University of Cincinnati College of Law
   

2016 Kansas Law Review Symposium

50th Anniversary Perspectives on the Modern Class Action

October 14, 2016
9 a.m. - 5:30 p.m.
104 Green Hall

On the occasion of the 50th anniversary of the 1966 Amendments to Rule 23, the symposium explored the emerging challenges and contemporary contours of the class action. A prestigious collection of scholars, judges and practitioners addressed topics including the ascertainability of class members, post-Comcast heightened scrutiny of class damage models, dual certification of money damages and injunctive class actions, and the expansion of class actions globally.

Speakers included:

• Adam Zimmerman, Professor of Law, Gerald Rosen Fellow, Loyola Law School
• Deborah Hensler, Judge John W. Ford Professor of Dispute Resolution and Director of Law and Policy Lab, Stanford Law School
• Laura Hines, Professor of Law, University of Kansas School of Law
• Myriam Gilles, Professor of Law, Cardozo School of Law
• Robert Bone, G. Rollie White Teaching Excellence Chair in Law, University of Texas School of Law
• Suzette Malveaux, Professor of Law, The Catholic University of America Columbus School of Law

Judges Panel:

• Judge Robert Dow, U.S. District Court, Northern District of Illinois
• Judge John Lungstrum, U.S. District Court, District of Kansas
• Judge Laura Denvir Stith, Supreme Court of Missouri

Practitioner Panel:

• Eric Barton, Wagstaff & Cartmell
• Molly Carella, Shook, Hardy & Bacon
• Robert Coykendall, Morris Laing
• Rex Sharp, Rex A. Sharp PA
• Holly Pauling Smith, Shook, Hardy & Bacon
• Victoria Smith, Stinson Leonard Street
• Brad Wilders, Stueve Siegel Hanson