Graphic: Masthead for Washburn Law Journal (WLJ) Online.

Washburn Law Journal Online Archive

Damage Without Damages Caps [Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019).]

Evan Hathaway | October 21, 2020 | Read this comment

Summary: The Kansas Supreme Court ruled that capping the recovery of noneconomic damages violates the right to a jury trial found in the Kansas Constitution. In so ruling, the court disregarded precedent, violating the doctrine of stare decisis. This ruling could result in invalidating laws that are beneficial to the public and the undermining of judicial stability.

Preferred Citation: Evan Hathaway, Damage Without Damages Caps, 60 Washburn L.J. Online 11 (2020), https://washburnlaw.edu/wljonline/hathaway-hilburn.

Filling in the Gaps: A Refutation of the Supreme Court’s Most Recent Partisan Gerrymandering Decision in Rucho v. Common Cause, 139 S. Ct. 2484 (2019).

Dylan P. Wheeler | September 30, 2020 | Read this comment

Summary: In Rucho v. Common Cause, the United States Supreme Court once again took on the issue of partisan gerrymandering, and whether such claims are justiciable at all. As with its previous decisions addressing this issue, the Court found that such claims present political questions the judiciary is not empowered to resolve due to a lack of politically neutral and manageable standards for resolving them. This Comment proposes that such standards do in fact exist, and suggests how these standards should be applied in future cases addressing partisan gerrymandering.

Preferred Citation: Dylan P. Wheeler, Filling in the Gaps: A Refutation of the Supreme Court’s Most Recent Partisan Gerrymandering Decision in Rucho v. Common Cause, 60 Washburn L.J. Online 1 (2020), https://washburnlaw.edu/wljonline/wheeler-gerrymandering.