William Rich Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"Patent Rights and State Immunity," 28 Federal Circuit Bar Journal 15 (2018).

"Hiding in Plain View: A Path around Sovereign Immunity for State Government Employees," 25 William & Mary Bill of Rights Journal 1179 (2017).

"Balance in Legal Education: Pervasive Principles," 60 Journal of Legal Education 122 (2010).

"The Path of Mentally Ill Offenders," 36 Fordham Urban Law Journal 89 (2009). [2 MB PDF]

"Why 'Privileges or Immunities'?: An Explanation of the Framers' Intent," 42 Akron Law Review 1111 (2009). [1 MB PDF]

"Charting the Course to Same Sex Marriage," 4 Journal of Race, Gender & Ethnicity 31 (2009). [281 KB PDF]

"Measuring Judicial Success: Interpersonal Intelligence and Commitment to Enduring Values," 47 Washburn Law Journal 35 (2007).

"Lessons of Charleston Harbor: The Rise, Fall and Revival of Pro-Slavery Federalism," 36 McGeorge Law Review 569 (2005). [3.4 MB PDF]

"Betrayal of the Little Girls with Dolls: The Broken Promise of Constitutional Protection for Victims of Race Discrimination," 90 Cornell Law Review 419 (2005). [1.3 MB PDF]

"Brown, Dominance, and Diversity," 43 Washburn Law Journal 311 (2004). [108 KB PDF]

"Genomic Torts: A Response to Professor Feldman," 42 Washburn Law Journal 615 (2003). [60 KB PDF]

"Taking 'Privileges or Immunities' Seriously: A Call to Expand the Constitutional Canon," 87 Minnesota Law Review 153 (2002).

"Nationhood, Equality and Democracy: Finding Redemption in George P. Fletcher's Secret Constitution," 46 Howard Law Journal 127 (2002).

"Prison Conditions and Criminal Sentencing in Kansas: A Public Policy Dialogue," 11 Kansas J.L. & Pub. Pol'y. 693 (2002). [2 MB PDF]

"Privileges or Immunities: The Missing Link in Establishing Congressional Power to Abrogate State Eleventh Amendment Immunity," 28 Hastings Const. L. Q. 235 (2001).

"Economic Analysis and Distributive Justice." 18 Research L. & Economics 15 (1997) [2.7 MB PDF]

"Moral Dimensions of Federalism," Government Structure in the USA and the Sovereign States of the Former USSR, Hickey and Ugrisky, eds., Westport, Conn. and London, England; Greenwood Press, 1996

"Constitutional Law in the United States and Australia: Finding Common Ground," 35 Wash. L. J. 1 (1995).

"Converging Constitutions: A Comparative Analysis of Constitutional Law in the United States and Australia," 21 Fed. L. Rev. 202 (1993).

"Approaches to Constitutional Interpretation in Australia: an American Perspective," 12 Univ. Tasmania L. Rev. 150 (1993).

"Hong Kong: Revolution Without Change," 20 Hong Kong L.J. 279 (1990).

"Equal Protection for the Poor: 'Fair Distribution' to Meet 'Brutal Needs'", 24 San Diego L. Rev. (1987).

"Divorce Mediation: How Many Lawyers?" 56 J. Kan. B.A. 15 (1987).

"Reassessing Legal Realism, A Response to Professor Newal," 22 Washburn L.J. 429 (1983).

"The Role of Lawyers: Beyond Advocacy", 1980 B.Y.U.L. Rev. 767-84 (1980).

"Social Security Advocavy," 48 J.Kan. B.A. 21 (1979).

"Poverty and Birth Rate Can Go Down Together," Press Foundation of Asia, Kuala Lumpur, Malaysia (1974).

"Development, Social Justice and Smaller Families," with James P. Grant, Foreign Policy Association, 218 Headline Series 16 (1973).

Books and Monographs

Cumulative Supplement, Mondern Constitutional Law, 3rd ed., Volumes 1-3. (West, 2011-2012).

Modern Constitutional Law. 3rd ed., 3 volumes. (West, 2011).

Annual Supplements, Modern Constitutional Law. 2nd ed. (St. Paul, Minn. : Thomson West, 1998-2009).

Modern Constitutional Law. 2nd ed., vol. 2-v. 3. (with Chester James Antieau) (St. Paul, Minn. : West Group, 1997).

Bar Reviews

"Summary of Constitutional Law," Kansas Bar Review (University of Kansas Division of Continuing Education) (annually, 1981-2003).

Chapters in Books

"Why 'Privileges or Immunities?': An Explanation of the Framers' Interpretation and the Supreme Court's Misinterpretation," in Infinite Hope Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment, (Elizabeth Reilly, Editor) (Akron University Press, 2011)

"Betrayal of the Children with Dolls: The Broken Promise of Constitutional Protection for Victims of Race Discrimination," in Racial Discrimination: A Jurisprudential Study (edited by G. Chandana) (Icfai University Press, 2009).

"Civil Rights," 1990 Kansas Annual Survey (with Alan Rupe, Terry Unruh, David Waxse) (Kansas Bar Association).

Other Publications

"Founding Fathers Saw Need to Protect Against Abuse of Power," The Topeka Capital Journal, November 19, 2019.

"Free Speech and Picketing Funerals: Liability for Extreme Distress," New York Times: Room for Debate (October 7, 2010).

"Summary of Constitutional Law," (Parts I & II Kansas Bar Review, University of Kansas Division of Continuing Education, 1998 and Supplement, February 1999.

"Summary of Constitutional Law," (Parts I & II) Kansas Bar Review, University of Kansas Division of Continuing Education, 1992.

"Converging Constitutions," Professional Development Seminar, Murdoch University Law Faculty, November 6, 1992.

"Approaches to Constitutional Interpretation," Professional Development Seminar, University of Tasmania Law Faculty, October 26, 1992.

"Moral Dimensions of Federalism," Conference on "Government Structures in the U.S.A. and the Sovereign States of the Former U.S.S.R.: Power Allocation Among Central, Regional and Local Governments," Co-Sponsored by Hofstra University and the Russian Federation Permanent Mission to the United Nations, April 1992.

"Economic Analysis and Distributive Justice." (With Professor David Burress, Department of Economics and Institute for Public Policy and Business Research, University of Kansas, University of Kansas Department of Economics Seminar Paper, April 1990.)

Constitutional Litigation Course Description and Introductory Materials---A combination of articles and discussion materials used to introduce students to questions of constitutional jurisprudence. (1986). 107 pages.

Social Legislation Cases and Materials---Three volume collection of teaching materials for course in Social Legislation. (1985). 682 pages.

"Smaller Families Through Social and Economic Progress", Monograph No. 7, Washington D.C.: Overseas Development Council, 1973. (Published in book form by Praeger, Development Studies Series, 1974; in collection of four monographs. Also published in Spanish.)

A New Development Strategy? Greater Equity, Faster Growth, and Smaller Families. Development Paper No. 11, Washington D.C.: Overseas Development Council (1973) with James P. Grant and Robert E. Hunter.

"Population Explosion: The Role of Development," Communique No. 16, Washington, D.C.: Overseas Development Council (1972).

Media Engagement

Quoted, "Local Experts Doubtful President Trump's Executive Order Can Reverse 14th Amendment," KSNT News, October 30, 2018.

Quoted, "Sharp Division Marks Kansas Debate on Joining Campaign for U.S. Constitutional Convention," The Topeka Capital Journal, February 18, 2018.

Guest, "Education and the State Constitution," KCUR 89.3, December 18, 2017 (begins about 7:55).

Quoted, "A Look Back At 2005, When Kansas Neared Constitutional Crisis Over School Funding," KCUR 89.3, December 18, 2017 (audio begins about 3:32).

Quoted, "Legal Experts: Supreme Court Assault-Rifle Decision Won't Mean Much to Kansas," The Wichita Eagle, December 7, 2015.

In Kansas, a Battle of the Branches, JURIST - Forum, September 29, 2015.

Quoted, "Kansas Experts Back Chanute Decision to Remove Jesus Picture from School," The Wichita Eagle, August 25, 2015.

Quoted, "Pastors Can Still Refuse Gay Marriages, KS Churches Unaffected By SCOTUS," WIBW-TV, July 02, 2015.

Quoted, "School Funding Lawsuit Could Set Stage for Constitutional Showdown," Lawrence Journal-World, May 10, 2015.

Quoted, "Kansas Workers’ Comp Changes Raise Lawsuit Fears," Lawrence Journal-World, March 16, 2015.

"Death Penalty: The Kansas Execution Process is Under Review," Kansas First News, May 1, 2014.

Quoted, "Kansas: Private Discrimination Against Gays, Lesbians Already Legal in Most of State, The Chieftain, February 28, 2014.

Quoted, "School Funding Advocates Concerned Politics May Impact Finance Ruling," Lawrence Journal-World, September 29, 2013.

"Constitutional Rights and Facebook," Kansas First News, September 27, 2013 (appears at 1:35).

"Supreme Court ruling means little change, Sec[retary] of State says," Kansas First News, June 17, 2013 (appears at 1:32).

Guest, "Healthcare Revisited," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), July 26, 2012.

Presentations

"Overview of the 1st Amendment," Law Day, Washburn University School of Law, Topeka, Kansas, May 1, 2019.

"Freedom of Speech: Bright Lines in a Murky World," International Brown Bag Lecture, Washburn University, Topeka, Kansas, April 10, 2019.

Moderator, "Campaign Finance," Election Law Today and Beyond Symposium, Washburn University School of Law, Topeka, Kansas, February 25, 2016.

"A History of the Civil Rights Act of 1964," City Attorneys Association of Kansas, 2014 Spring CLE, Lawrence, Kansas, June 6, 2014.

"Georgian Law on Prohibition of Discrimination," National Institute for Human Rights, Tbilisi, Georgia, May 22, 2014.

"When Regulations become Takings," National Center for Commercial Law, Commercial Law Week, Tbilisi, Georgia, May 21, 2014.

Panel Moderator, "The Life of Brown," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

Keynote: "Perfect Storm: Democracy in the Path," League of Women Voters Annual Meeting, Topeka, October 2013.

"Citizens United," Topeka Center for Peace and Justice, Washburn University School of Law, Topeka, Kansas, September 19, 2013.

"The Gettysburg Address: Lincoln’s Framework for a New American Constitution," United States Constitution Day, Washburn University, Topeka, Kansas, September 17, 2013.

"Edith Windsor, Kristin Perry, and the Constitutional Status of Same Sex Marriage," Mainstream Voices of Faith, Topeka, June 2013.

"The Gettysburg Address: Lincoln’s Framework for a New American Constitution," Kauffman Museum Lecture, Bethel College, North Newton, Kansas, March 3, 2013.

"Civil Rights: The Core and the Cutting Edge," CLE Inn of Court: Civil Rights Developments, Wichita Bar Association, Wichita, Kansas, January 18, 2013.

Panelist, "Supreme Court's Health Reform Ruling," Kansas Health Institute, Topeka, Kansas, July 2, 2012 (View webcast at the Kansas Health Institute website).

Workshop on Constitutional Law, Racial Profiling Advisory Board of the City of Wichita, Wichita, Kansas, June 30, 2012.

Panelist, Affirmative Action, Fisher v. Texas, Kansas City Metropolitan Bar Association, Kansas City, Missouri, May 24, 2012.

Winter School Course, Constitutional Interpretation, Free University of Tbilisi, Bazaleti Training Centrre, Tbilisi, Republic of Georgia, February 2012.

"Supreme Court Review," NAACP Annual Conference, Kansas City, Kansas, July 11, 2010.

"Speed Bump or Train Wreck? Assessing Damages after the Constitution Hits Health Care Reform," Kansas Bar Association, Topeka, Kansas, May 6, 2011.

"The Aftermath of Brown," Brown v. Board of Education National Historic Site, Topeka, Kansas, February 12, 2010.

"The Path of Mentally Ill Offenders," Colloquium on Conditions of Confinement, Fordham Law Prisoners' Rights Advocates, the Louis Stein Center for Law and Ethics, and the Fordham Urban Law Journal, Fordham University School of Law, New York, New York, October 24, 2008.

"Why the 39th Congress Chose the Terms 'Privileges or Immunities,'" The Fourteenth Amendment: The 140th Anniversary Symposium, Co-sponsored by the University of Akron School of Law, Center for Constitutional Law, and the Akron Law Review, October 23, 2008.

"Freedom of Speech in Higher Education," Kansas City Community College, May 2008.

"Balance in Legal Education" American Association of Law Schools Annual Meeting, January 2008.

"Students' Rights," Wichita State University, ACLU Chapter, October 2007.

Revisiting Brown v. Board of Education, Symposium, Cornell Law School, February 2004.

The Legacy of Brown v. Board of Education, Symposium, Washburn University School of Law, November 2003.

Genomic Torts, Symposium, October 2002.

Pathways to Rational Sentencing, Keynote Address, National Association of Sentencing Commissions, Kansas City, August 2001.

Small Group Teaching Techniques, Plenary Session, AALS Annual Meeting, January 1996.

Rule of Law Project, presentations to students and faculty at the University of Kiev, and consultation re. constitutional development and legal education in the Ukraine, November 1995.

Conference Faculty, Association of American Law Schools, New Ideas for Experienced Teachers, AALS, Minneapolis, June 1995.

Group Leader, Association of American Law Schools, Conference on Constitutional Law, Ann Arbor, Michigan (1993).

Converging Constitutions, Professional Development Seminar, Murdoch University Law Faculty, Perth, Australia (1992).

Approaches to Constitutional Interpretation, Professional Development Seminar, University of Tasmania Law Faculty (1992).

Moral Dimensions of Federalism, Conference on "Government Structures in the U.S.A. and the Sovereign States of the Former U.S.S.R.: Power Allocation Among Central, Regional and Local Governments," Co-sponsored by Hofstra University and the Russian Federation Permanent Mission to the United Nations (1992).

Professional Service

Guest Commissioner, National Commission on Voting Rights, Kansas City Regional Hearing, University of Missouri-Kansas City School of Law, Kansas City, Missouri, April 21, 2014.

Constitutional Law Project, Free University of Tbilisi, Tbilisi, Republic of Georgia, 2011-2012 (coordinated Washburn student participation in consulting with Free University students who drafted amicus briefs for cases pending before the Constitutional Court of the Republic of Georgia).

Facilitation of law school retreats, Resource Corps, Association of American Law Schools, September 2011 and May 2012.

Chair, Association of American Law Schools, Committee on Academic Freedom and Tenure, 2009-2012.

Appointed to Board of Advisors, Institute for Law Teaching and Learning, 2009-2010.

Appointed Member, Association of American Law Schools, Standing Committee on Academic Freedom and Tenure.