Student Scholarship Series

Washburn Law Journal will hold part two of its 2016 Student Scholarship Series on Thursday, April 14, 2016, in Room 102 from 12:10-1:00 p.m. for members to present their work.

Cristen Hintze will present her Comment, "Going 'All-in' Against the NLRB: How Tribal Self-Government Lost on the River in the Sixth Circuit [Soaring Eagle Casino & Resort v. NLRB, 791 F.3d 648 (6th Cir. 2015)]." Ms. Hintze will discuss the Sixth Circuit's use of a flawed framework to determine whether the National Labor Relations Board has jurisdiction over Indian casinos, and how expansive jurisdictional interpretations undermine federal Indian policy.

Adam Teel will present his Comment, "The Billion Dollar Decision: How the Third Circuit Expanded the Power of the EPA in Implementing TMDLs by Affirming Additional Mandates [American Farm Bureau Federation v. EPA, 792 F.3d 281 (3d Cir. 2015)]." Following similar decisions by the United States Supreme Court, the Third Circuit Court of Appeals affirmed the EPA's power to add additional mandates when creating water regulations. Mr. Teel's presentation addresses the impact of this decision on Kansas and other strong agricultural states.

Travis Ternes will present his Note, "Birds for Prey: Thoughts and Shots on the Endangered Species Act." Mr. Ternes will discuss the litigious culture of the Endangered Species Act, and briefly summarize current endangered and threatened species and listing decisions. He will also discuss Section 4(d) of the Endangered Species Act, using the lesser prairie-chicken and other species as examples.

March 10, 2016 Presentations

Andy Lohman will present his Comment, "Don’t Have to Lose the Hijab to Get the Job: The Modified McDonnell Douglas Paradigm for Disparate Treatment Claims and Its Application in Religious Accommodation Claims [E.E.O.C. v. Abercrombie & Fitch Stores, Inc., 135 S. Ct. 2028 (2015)]." In a straightforward case, the Supreme Court encompasses a separate claim of discrimination, which utilizes a specific analysis, within another claim of discrimination. Mr. Lohman's presentation proposes a test to accommodate this change in analyzing employment discrimination claims.

Bailie Schnackenberg will present her Comment, "One Day Late: The Tenth Circuit's Abandonment of the Honest but Unfortunate Debtor [In re Mallo, 774 F.3d 1313 (10th Cir. 2014)]." Ms. Schnackenberg will provide an analysis of the Tenth Circuit's recent decision concerning the dischargeability of tax debt associated with late filed tax returns in bankruptcy proceedings.

David Cohen will be presenting his Comment "Modern Alchemy: Transforming Wind Rights into Gold and How Kansas Can Lead the Country in Renewable Energy Development." Mr. Cohen will discuss severable property rights over wind and will argue for allowing wind energy severance.