Washburn Law Journal

Recent Blog Post

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Photograph: Judge Daniel Coble. Permissible Inference or Impermissible Burden Shift: How the Supreme Court Could Decide State v. Glover by Judge Daniel Coble | March 18, 2019
In Unreasonable Suspicion: Kansas’s Adoption of the Owner-as-Driver Rule, Benjamin Donovan gives a spot-on analysis of the Kansas Court of Appeal’s ruling in State v. Glover. Donovan makes an articulate and convincing examination of the issue he sees most glaring in this case: reasonable suspicion (or the lack thereof). However, I believe that this case hinges on something more important: burden shifting. And if the Supreme Court is to grant the state’s petition for certiorari, it will do so to address this fundamental issue.

Recent Comment

Pump the Brakes: The Clean Water Act Does Not Cover Hydrologically Connected Groundwater [Kentucky Waterways Alliance v. Kentucky Utilities Company, 905 F.3d 925 (6th Cir. 2018); Hawai’i Wildlife Fund v. County of Maui, 886 F.3d 737 (9th Cir. 2018)]

Jesse Nation | April 18, 2019 | Read this comment

Summary: The Supreme Court will favor an interpretation of the Clean Water Act (“CWA”) that does not include hydrologically connected groundwater as a point source. Placing groundwater within the jurisdiction of the CWA would violate textualism’s pump the brakes doctrine—environmental laws should not be interpreted in ways that exponentially increase jurisdiction of the act and displace the current regulatory schemes.

Preferred Citation: Jesse Nation, Pump the Brakes: The Clean Water Act Does Not Cover Hydrologically Connected Groundwater, 58 Washburn L.J. Online 111 (2019), http://washburnlaw.edu/wljonline/nation-pumpthebrakes

Print Submissions

The Washburn Law Journal welcomes unsolicited manuscripts for publication consideration. Note: The Washburn Law Journal does not typically accept submissions from students.

All manuscripts should be double-spaced, notes should be in footnote form, and citations should conform to The Bluebook: A Uniform System of Citation (20th ed.). A copy of the manuscript should also be available as a Microsoft Word file (preferred).

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Washburn Law Journal
Washburn University School of Law
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Topeka, KS 66621
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42nd Annual Foulston Siefkin Lecture
Photograph: Matthew Tokson.

Washburn University School of Law
and the Washburn Law Journal
proudly present

Matthew Tokson
Associate Professor
University of Utah
S.J. Quinney College of Law

"The Next Wave of Fourth Amendment Challenges after Carpenter"

Thursday – March 28, 2019
12:10-1:10 p.m. – Room 114

Volume 59 Board of Editors
Photograph: Washburn Law Journal volume 59 board of editors.

Congratulations to Nicolette Rodriquez, volume 59 Editor-in-Chief, and the other volume 59 board members.