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Distinguished Professors at the University of Kansas: Recent submissions
Now showing items 241-260 of 918
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Sex Offenders and Mental Illness: A Lesson in Federalism and the Separation of Powers
(American Psychological Association, 1998)The Supreme Court’s recent decision in Kansas v. Hendricks provides an exclamation point to the proposition that the Court will defer to reasonable legislative judgments regarding the substance of state civil commitment ... -
The Constitutionality of Kansas Laws Targeting Sex Offenders
(Washburn University School of Law, 1997)Kansas, like many States, has enacted various laws in the past several years responding to concerns about sex offenders and public safety. Most prominent are state laws that substantially increase the criminal punishment ... -
Would Other Countries Protect the Phelpses’ Funeral Picketing?
(Benjamin N. Cardozo School of Law, 2010)This essay makes four comparative observations regarding the issues raised in Snyder v. Phelps. These observations are derived from the author’s experience teaching comparative freedom of speech and privacy principles in ... -
'Neighbors Beware': The Constitutionality of State Sex Offender Registration and Community Notification Laws
(Texas Tech University School of Law, 1998)All states now have sex offender registration laws, and all states have some form of community notification regarding, or public access to registrant information. This article evaluates two major constitutional challenges ... -
The Supreme Court's Treatment of Sovereigns as Amici Curiae
(Green Bag Press, 2011)This article traces the history of current Supreme Court Rule 37.4, which exempts the federal government, state governments, and local governments from rules that otherwise require consent of the parties to file an amicus ... -
Justice Byron White and the Brethren
(Green Bag Press, 2012)In 1979, Bob Woodward and Scott Armstrong caused quite a stir in the legal world with the publication of The Brethren: Inside the Supreme Court. Over the years, the authors have maintained that five sitting Justices assisted ... -
Individual Rights under a System of Dual Sovereignty: The Right to Keep and Bear Arms
(The University of Kansas School of Law, 2011)This article identifies and explains three fundamental propositions about the relationship between the federal and state constitutions, using examples to illustrate the general propositions. Those propositions are as ... -
A Marbury v. Madison Moment on the Eve of the Civil War
(Green Bag Press, 2011)On the occasion of its 150th anniversary, this article explores the background and the story of Kentucky v. Dennison, 65 U.S. (24 How.) 66 (1861), an important extradition case that the Supreme Court decided on the eve of ... -
Restating the U.S. Law of International Commercial Arbitration
(American Society of International Law, 2009)In December 2007, the American Law Institute ("ALI") approved the development of a new Restatement, Third, of the U.S. Law of International Commercial Arbitration (the "Restatement"). On February 23, 2009, the Restaters ... -
Judicial Activism and Restraint in the Supreme Court's Environmental Law Decisions
(Villanova Law School, 1989)The proper role of the courts in our system of government has long been the source of considerable controversy. The environmental law decisions of the United States Supreme Court illustrate the opportunities for, and ... -
Political Process and Individual Fairness Rationales in the U.S. Supreme Court’s Suspect Classification Jurisprudence
(Washburn University School of Law, 2010)This essay responds to the Foulston, Siefkin Lecture, delivered by Professor William Eskridge at the Washburn University School of Law. Professor Eskridge challenged not only the argument that political powerlessness is a ... -
Federalism: The Next Generation
(Loyola Law School, 2000)This essay is part of a symposium on a series of Supreme Court decisions during the 1990s that reinvigorated, and at times reinvented, federalism-based limits on congressional power, a constitutional doctrine that has lain ... -
Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions
(Duke University School of Law, 1995)It was not supposed to be like this. In Chevron and State Farm, the Supreme Court announced what appeared to be controlling standards for substantive review of administrative decisions. Chevron adopted a two-step approach ... -
Using Legislative History as a Tool of Statutory Construction in Kansas
(Kansas Bar Association, 2002)The legislative history of a statute, when available, can shape its judicial construction. More often than not, Kansas courts find sufficient ambiguity in a statute to justify consideration of legislative history that is ... -
Escaping Lochner's Shadow: Toward a Coherent Jurisprudence of Economic Rights
(University of North Carolina School of Law, 1995)This article argues that it is time to rethink the jurisprudence of “economic rights.” For nearly twenty years, the United States Supreme Court has revisited economic rights doctrines that had lain dormant since the end ... -
Social Security Disability Determinations: Recommendations for Reform
(Brigham Young University's J. Reuben Clark Law School, 1990)This report for the Federal Courts Study Committee, which is reprinted as part of a symposium gathering a number of these reports, focuses on the contribution of Social Security disability claims to dramatic increases in ... -
Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement Of Adequate Reasons for Agency Decisions
(Duke University School of Law, 1987)In recent years, the requirement that administrative agencies provide adequate reasons for their decisions has come to play a central role in judicial review of agency decisions. While the increasing importance of this ... -
Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Judicial Review
(Washington College of Law and American Bar Association, 2006)This is the second of two articles developing a “standards-based” approach to the rule of law in the context of administrative decisions concerning government benefits. We base our standards-based theory on two core ... -
Paradoxical Parallels in the American and German Abortion Decisions
(Tulane University Law School in New Orleans, 2001)In this Article, Professors Levy and Somek engage in a careful comparative analysis of the leading constitutional abortion decisions in the United States and Germany. This analysis is occasioned by the remarkable convergence ... -
Federal Preemption, Removal Jurisdiction, and the Well-Pleaded Complaint Rule
(University of Chicago Law School, 1984)When a plaintiff sues in state court relying solely on state law, the defendant ordinarily may not remove the case to federal court on the basis of a federal defense. Under the well-pleaded complaint rule, neither a federal ...