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Washburn Law Journal Blog

We are currently accepting submissions to the Washburn Law Journal Blog. We are seeking responses to regional and statewide legal issues, rulings, and trends. Though preference will be given to regional topics, pieces with a national or international scope may also be accepted.

Submissions should not exceed 1,500 words and citations should be made in-line with no footnotes. For further guidance on formatting, please reference previous posts. Submissions can be sent to journalblog@washburnlaw.edu. In addition to a Word document with the body of the piece, you are welcome to include a picture of yourself, your place of work, title, and a short biography.

Questions can be sent to journalblog@washburnlaw.edu.

Recent Posts

Mail-In Ballots During COVID-19 by Kayla Dieker | May 15, 2020

On April 7, 2020—amidst a global pandemic—Wisconsin held its primary election.  In a time where the CDC has recommended cancelling events for groups of ten or more people,  “[l]ong lines of voters. . . wearing face masks, stretched for blocks through Milwaukee.” Eric Bradner, ‘This is ridiculous’: Wisconsin holds its primary election in the middle of a pandemic, CNN (Apr. 7, 2020), https://www.cnn.com/2020/04/07/politics/wisconsin-primary-coronavirus/index.html.  Wisconsin has not been immune to the COVID -19 pandemic, as of April 10, 2020 there have been 3,068 confirmed positive cases of COVID-19, with 904 hospitalizations and 128 deaths. Outbreaks in Wisconsin, Wisconsin Dept. of Health Services (last revised Apr. 10, 2020), https://www.dhs.wisconsin.gov/outbreaks/index.htm.  This is an increase of almost 500 cases since the April 7th primary election. COVID-19: Wisconsin’s Model, Wisconsin Dept. of Health Services (last updated Apr. 10, 2020), https://www.dhs.wisconsin.gov/covid-19/model.htm.  Wisconsin is the only state with an April election that had not postponed or shifted to mail-in only—though it’s not for lack of trying  Eric Bradner, ‘This is ridiculous’: Wisconsin holds its primary election in the middle of a pandemic,CNN (Apr. 7, 2020), https://www.cnn.com/2020/04/07/politics/wisconsin-primary-coronavirus/index.html.

Photograph: Judge Daniel Coble. Torture, Terrorism, and Torts by Professor Alex Glashausser | November 13, 2019

As first-year law students learn in Torts, one “intends” a result if one either has the purpose of bringing it about or knows with substantial certainty that it will occur. Restatement (Third) of Torts § 1. That is the lesson of Garratt v. Dailey, 279 P.2d 1091 (Wash. 1955). Finding that when 5-year-old Brian Dailey had moved a lawn chair, he had not had the purpose of causing a woman to fall to the ground, the trial court entered judgment for the boy on the woman’s battery claim. But the Supreme Court of Washington, perhaps sensing that the defendant had tricked not only the plaintiff but also the trial judge, remanded the case for a finding of whether the boy had “kn[own] with substantial certainty” that the woman would fall—for if he had, then he would be liable for battery notwithstanding his lack of malevolent purpose.

Photograph: Judge Daniel Coble. Warrantless Blood Tests and Unconscious Drivers – What United States v. Mitchell Does (and Doesn’t) Say by Professor Jeffrey Jackson | September 10, 2019
On June 27, 2019, the last day of the term, the Supreme Court handed down its decision in Mitchell v. Wisconsin, __ U.S. ___, No. 18-6210 (June 27, 2019). The case, which addressed a blood draw conducted on an unconscious DUI suspect, was overshadowed by the two other cases handed down that day, one declaring partisan gerrymandering to be a nonjusticiable political question, and another continuing to block the addition of a citizenship question to the 2020 Census. Further, what coverage Mitchell received tended to be misleading, suggesting that the Court’s rule actually went further than it did. However, Mitchell, in which the Court, in a plurality opinion, determined that when a driver is unconscious, cannot be given a breath test, and is required to be taken to a hospital because of his or her condition, the exigent-circumstances doctrine generally permits a blood draw without a warrant, has the potential to be a useful case for law enforcement, prosecutors, defense attorneys and judges dealing with the very specific problem of a DUI suspect who is unconscious or otherwise unable to submit to a breath test.

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Disclaimer

The Washburn Law Journal Blog aims to provide timely content from a variety of viewpoints. We use an abbreviated editing process for Blog posts as compared to the traditional process used for print and online content. The views expressed on the Washburn Law Journal Blog belong to the individual authors alone and should not be construed to be those of the Washburn Law Journal, Washburn University School of Law, individual editors, other authors, or the institutions with which authors are affiliated.