Washburn Law Journal

Tanya Buettgenback and Michael Harden
will present their work at the
WLJ Student Scholarship Series
Monday, April 15, 2019 • Room 102 • 12:10-1:30 p.m.

Recent Blog Post

How to submit a blog post.

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).

Please direct manuscripts to the attention of the Articles Editor at journalarticles@washburnlaw.edu.

Washburn Law Journal also accepts submissions via Icon: ExpressO service. and is an Graphic: ExpressO top 100 law review.

Subscription Inquiries

If you have questions concerning subscriptions or non-received issues, please contact the Washburn Law Journal Secretary at (785) 670-1692 or via e-mail at journalclaims@washburnlaw.edu.

Washburn Law Journal
Washburn University School of Law
1700 SW College Ave.
Topeka, KS 66621
(785) 670-1683
journal@washburnlaw.edu
(general correspondence)
journaleditor@washburnlaw.edu
(Editor-in-Chief)

Short URL for this page:
http://washburnlaw.edu/wlj

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 58 Editor-in-Chief and Board

Jeremy E. Koehler, is the Washburn Law Journal Volume 58 Editor-in-Chief.

Volume 59 Editor-In-Chief

Congratulations to Nicolette Rodriquez, recently selected as Washburn Law Journal Volume 59 Editor-in-Chief.