Faculty/Staff Profile
Jeffrey D. Jackson comes to Washburn Law from the Kansas Supreme Court where he was staff attorney for Death Penalty and Constitutional issues. Prior to that, he was a law clerk for the Honorable Mary Beck Briscoe in the U.S. Court of Appeals for the Tenth Circuit, law clerk to The Honorable Justice Robert E. Davis at the Kansas Supreme Court, an associate at Bennett & Dillon L.L.P., in Topeka and staff attorney for the Kansas Court of Appeals.
Jackson received his B.B.A. in economics from Washburn University in 1989, his J.D. from Washburn Law in 1992 and his LL.M. in Constitutional Law at Georgetown University Law Center in 2003. At Washburn Law, Jackson was assistant editor for the Washburn Law Journal. Jackson is admitted to practice in Kansas, Missouri, U.S. District Court for the District of Kansas, U.S. District Court for the Western District of Missouri and the U.S. Court of Appeals for the Tenth Circuit. He is a member of the Kansas Judicial Council Death Penalty Advisory Committee.
Dean Jackson teaches in the law school's Legal Analysis, Research, and Writing Program.
"Tiered Scrutiny in a Pandemic," 12 ConLawNOW 39 (2020) (Symposium: Pandemics and the Constitution).
"Legal Writing: A History from the End of the Civil War to the 1930," 24 Legal Writing: The Journal of the Legal Writing Institute 81 (2020) (co-authored with David Cleveland).
"Classical Rational Basis and the Right to be Free of Arbitrary Legislation," 14 Georgetown Journal of Law & Public Policy 493 (2016). Reprinted in Is the Rational Basis Test Unconstitutional? (Constitutional Discourse Series, Georgetown Center for the Constitution, 2019).
"Legal Writing: A History from the Colonial Era to the End of the Civil War," 19 Legal Writing: The Journal of the Legal Writing Institute 191 (2014) (co-authored with David Cleveland).
"Judicial Reform: Project Pegasus and the Study of the Kansas Judiciary," 51 Washburn Law Journal 477 (2012).
"Be Careful What You Wish For: Why McDonald v. City of Chicago's Rejection of the Privileges or Immunities Clause May Not Be Such a Bad Thing for Rights," 115 Penn State Law Review 561 (2011).
"Putting Rationality Back into the Rational Basis Test: Saving Substantive Due Process and Redeeming the Promise of the Ninth Amendment," 45 University of Richmond Law Review 491 (2011) [505 KB PDF].
"Blackstone's Ninth Amendment: A Historical Common Law Baseline for the Interpretation of Unenumerated Rights," 62 Oklahoma Law Review 167 (2010).
"Socrates and Langdell in Legal Writing: Is the Socratic Method a Proper Tool for Legal Writing Courses," 43 California Western Law Review 267 (2007) [2.2 MB PDF].
"Beyond Quality: First Principles in Judicial Selection and Their Application to a Commission-Based Selection System," 34 Fordham Urban Law Journal 125 (2007) [166 KB PDF].
» Cited in: Kirk v. Chief Justice Walter Carpeneti (Ninth Circuit Court of Appeals, September 30, 2010, p.16663).
"The Modalities of the Ninth Amendment: Ways of Thinking About Unenumerated Rights Inspired by Philip Bobbitt's Constitutional Fate," 75 Mississippi Law Journal 495 (2006) [2.5 MB PDF].
"The Power to Suspend Habeas Corpus: An Answer from the Arguments Surrounding Ex Parte Merryman," 34 University of Baltimore Law Review 11 (2004) [2.6 MB PDF].
"The Daubert Trilogy in the States," 44 Jurimetrics Journal 351 (2004) (co-author with David E. Bernstein) [395 KB PDF].
"The Dog of War as a Puppy: The Constitutional Power to Initiate Hostilities as Answered by the Framing," 1 Georgetown Journal of Law & Public Policy 361 (2003) [1.2 MB PDF].
Interactive Citation Workbook for ALWD Guide to Legal Citation, 2022 Edition (LexisNexis, 2022).
Interactive Citation Workbook for ALWD Guide to Legal Citation, annually, 2018-2021 editions (LexisNexis, 2018-2021).
Interactive Citation Workbook for ALWD Guide to Legal Citation, annually, 2015-2017 editions (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2015-2017).
Interactive Citation Workbook for the Bluebook: A Uniform System of Citation, annually, 2014-2015 editions (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2014-2015).
Interactive Citation Workbook for ALWD Citation Manual, annually, 2014 edition (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2014).
Interactive Citation Workbook for ALWD Citation Manual, 2013 edition (co-authored with Tracy McGaugh Norton, Christine Hurt, Guy Raymond Jones) (LexisNexis, 2013).
"Classical Rational Basis and the Right to Be Free of Arbitrary Legislation," in Is the Rational Basis Test Unconstitutional? (Constitutional Discourse Series, Georgetown Center for the Constitution, 2019).
"American Legal Education: A History of Integrated Instruction," The Doctrine-Skills Divide: Legal Education’s Self-Inflicted Wound (Linda H. Edwards) (Carolina Academic Press, 2017).
"McReynolds, James Clark: 1862-1946," Encyclopedia of the Supreme Court of the United States (David S. Tanenhaus, editor in chief) (Detroit : Macmillan Reference USA, 2008).
"Meet the New Citation Manuals: The Twenty-First Edition of the Bluebook and the Seventh Edition of the ALWD Guide," 90:1 Journal of the Kansas Bar Association 23 (January/February 2021).
"Two Minutes in Heaven: The United States Supreme Court's New Non-Interruption Rule and the Future of Oral Argument," 89:3 Journal of the Kansas Bar Association 38 (March 2020).
"Warrantless Blood Tests and Unconscious Drivers – What United States v. Mitchell Does (and Doesn’t) Say," Washburn Law Journal Blog, September 10, 2019.
"The Rational Basis Test," The Federalist Society, December 21, 2018.
"Stop the Tour Bus: The Key to Persuasive Case Use Is Thesis," 87:1 Journal of the Kansas Bar Association 24 (January 2018).
"The Uncontested Narrative: The Use of Facts in a Summary Judgment Motion," 86 Journal of the Kansas Bar Association 19 (January 2017).
"Storytelling and the Numbered Paragraph," 85 Journal of the Kansas Bar Association 12 (September 2016).
"For Effective Persuasion, Don't Neglect the Narrative," 84 Journal of the Kansas Bar Association 12 (April 2015).
"Thoughts on the Future of Citation: Bluebook, ALWD, and?," 82 Journal of the Kansas Bar Association 14 (January 2013).
"The Selection of Judges in Kansas: A Comparison of Systems," 69 Journal of the Kansas Bar Association 32 (January 2000).
Quoted, "Washburn Law Professor Breaks Down Why Employers Can Mandate Vaccine," KSNT News, August 23, 2021.
Interviewed, "Can You be Required to Show Proof of COVID-19 Vaccination?," WIBW-TV, April 7, 2021.
Quoted, "COVID Lawsuits Filed Across Country, Including Kansas," WIBW-TV, December 15, 2020.
Interviewed, "DACA vs. SCOTUS Case Could Cost Kansas Almost $2 Billion," KSNW-TV, November 12, 2019.
Quoted, "Supreme Court Takes Up Murder Case of Kansas Father who Killed his Wife, Daughters," KSNT News, October 7, 2019.
Quoted, "US Supreme Court to Review Kansas' Lack of Insanity Defense," StarTribune, October 6, 2019.
Quoted, "Recording Shows Efforts by Topeka Police to Enter Apartment," The Topeka Capital Journal, November 18, 2018.
Quoted, "Kansas Supreme Court goes on tour, to hold special session at Manhattan High School," The Kansas City Star, September 24, 2018.
Quoted, "Looking into the Debate Concerning Unaffiliated Votes," FourStatesHomepage.com, August 13, 2018.
Quoted, "Bible Giveaways End at Kansas Elementary School After Constitutional Complaints," The Wichita Eagle, January 3, 2018.
Quoted, "Death Penalty Cases a Factor Behind Efforts to Oust Justices," The Wichita Eagle, October 29, 2016.
Quoted, "Legal Experts: Supreme Court Assault-Rifle Decision Won’t Mean Much to Kansas," The Wichita Eagle, December 7, 2015.
Quoted, "Kansas Experts Back Chanute Decision to Remove Jesus Picture from School," The Wichita Eagle, August 25, 2015.
"Why the Supreme Court's Decision Not to Decide Same-Sex Marriage Made a Mess in Kansas," Jurist - Academic Commentary, December 6, 2014.
Quoted, "Gay Couple Denied Marriage License in Shawnee County, Could Become Plaintiffs," The Topeka Capital Journal, October 6, 2014.
Quoted, "Compact to Free Kansas from Health Care Reform May Need Presidential Approval," The Wichita Eagle, August 3, 2014.
"Man Fights Death Penalty with Bike Pedals," Kansas First News, June 18, 2013 (appears at 1:08).
Quoted, "Supreme Court decision pending on Defense of Marriage Act, Prop 8," Kansas State Collegian, April 4, 2013.
"Recent Developments in United States Supreme Court Cases," Part 1 & 2, 2024 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 14, 2024.
"Recent Developments in United States Supreme Court Cases Part I & II," 2023 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 22, 2023.
"Recent Developments in United States Supreme Court Cases Part I & II," 2022 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 23, 2022.
"The Constitution and the Pandemic," Constitution Day 2021, Washburn University School of Law, Topeka, Kansas, September 17, 2021.
"Recent Developments in United States Supreme Court Cases, Part I & II," 2021 Selected Topics and Miscellany CLE webinar, Washburn University School of Law, Topeka, Kansas, June 17, 2021.
"Supreme Court Highlights 2019-2020," Constitution Day 2020, Washburn University School of Law, Topeka, Kansas, September 17, 2020 (virtual program).
"Recent Developments in United States Supreme Court Cases," 2020 Selected Topics and Miscellany CLE webinar, Washburn University School of Law, Topeka, Kansas, June 18, 2020.
"Recent Developments in United States Supreme Court Cases," 2019 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2019.
Panelist, "Sticks and Stones: The Power of Words, What Can Be Said, What Should be Said and What is Really Prohibited," WUmester Event, Washburn University, Topeka, Kansas, April 4, 2019.
"Recent Developments in United States Supreme Court Cases," 2018 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 21, 2018.
"Recent Developments in United States Supreme Court Cases," 2017 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 30, 2017.
"The Fourteenth Amendment: From the Federal Constitution to a Constitution for All," 2017 Law Day CLE program, 1st Infantry Division and Office of the Staff Judge Advocate, Fort Riley, Kansas, May 1, 2017.
"The History of Legal Writing, Part II: The Genesis of the Modern Legal Writing Program," 17th Biennial Legal Writing Institute Conference, Portland, Oregon, July 13, 2016.
"Recent Developments in United States Supreme Court Cases," 2016 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 23, 2016.
"Classic Rational Basis and the Right to be Free of Arbitrary Legislation," Symposium on 'Is the Rational Basis Test Unconstitutional?', Georgetown University, Washington, D.C., February 12, 2016.
"Recent Developments in United States Supreme Court Cases," 2015 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 25, 2015.
"The History of Moot Courts in the Early American Law School?," Moot Court Conference, Marquette University Law School, Milwaukee, Wisconsin, October 25, 2014 (with David Cleveland).
The Early History of Legal Writing: Where We Came From and How We Got Here," 16th Biennial Conference of the Legal Writing Institute, Philadelphia, Pennsylvania, July 1, 2014 (with David Cleveland).
"Recent Developments in United States Supreme Court Cases," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.
Panelist, "Meow! Meow!: Ways to Herd Cats and Coordinate in a Directorless Program," Association of Legal Writing Directors' 2013 Biennial Conference, Marquette University Law School, Milwaukee, Wisconsin, June 27, 2013 (with Joseph Mastrosimone, Emily Grant and Tonya Kowlaski).
Moderator, "Teaching Legal Writing to Students with Physical and Learning Disabilities," Student Populations: Diversity Matters (Legal Writing Institute one-day workshop), Washburn University School of Law, Topeka, Kansas, December 1, 2012.
"Recent Developments in United States Supreme Court Cases," Selected Topics and Miscellany 2012 CLE Program, Washburn University School of Law, Topeka, Kansas, June 21, 2012.
Panelist, "Views from the Tenure Track," The 15th Biennial Conference of the Legal Writing Institute, Palm Desert, California, May 31, 2012.
"Gender Diversity in the Kansas Judiciary," Safeguarding U.S. Democracy: The Quest for a More Diverse Judiciary, The League of Women Voters of Kansas Meeting, Topeka, Kansas, March 24, 2011.
"Why the Supreme Court's Rejection of Privileges or Immunities in McDonald v. City of Chicago might not be a Bad Thing for Rights," University of Mississippi School of Law, Oxford, Mississippi, March 3, 2011.
"Recent Developments in United States Supreme Court Cases," Washburn University School of Law, Recent Developments in the Law CLE, Topeka, Kansas, June 26, 2009.
"Recent Developments in United States Supreme Court Cases," Washburn University School of Law, Recent Developments in the Law CLE, Topeka, Kansas, June 27, 2008.
"Just the Facts: Writing a Persuasive Fact Statement," The Art of Advocacy: Not-So-Secret Tips for Writing Effective, Persuasive and Ethical Legal Briefs, Washburn University School of Law, Topeka, Kansas, March 10, 2007.
Forum Panelist, "What Does Freedom of the Press Mean When the Press is the Internet?", Washburn University Constitution and Citizenship Forum, September 18, 2006.
Symposium Panelist, "Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection for State Court Judges," Fordham Law School, April 7, 2006.
Planning Committee Co-chair, "Student Populations: Diversity Matters," Legal Writing Institute (one-day workshop), Washburn University School of Law, Topeka, Kansas, December 1, 2012.
Presented, "Bail, The Constitution(s) and the Statutes," before The Kansas Supreme Court Pretrial Justice Task Force, December 13, 2018.
Participated in Symposium entitled "Who's Afraid of Substantive Due Process," James Wilson Institute, Washington D.C., April 21, 2017.
Testified on behalf of the Judicial Council Agricultural Corporations Advisory Committee before the Senate Standing Committee on Natural Resources, January 16, 2014.
Lead Editor, Journal of Legal Communications and Rhetoric, 2013-.
Testified on behalf of the Kansas Judicial Council Death Penalty Advisory Committee before the Kansas Senate Judiciary (the Committee is considering SB 208 and SB 375, which would repeal the death penalty in Kansas), January 19, 2010.
Testified in support of the Kansas Equal Rights Amendment (Senate Concurrent Resolution 1608) before the Kansas Senate Federal and State Affairs Committee, February 25, 2009.