Kansas Supreme Court Archives - Page 3 of 12 Voice For Liberty

Jun

Kansas Supreme Court: Making law, part 3

Do the justices on the Kansas Supreme Court make new law? Yes, and here is another example. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains…

Kansas Supreme Court: Making law, part 2

Jun

By Bob Weeks

Kansas Supreme Court: Making law, part 2

Do the justices on the Kansas Supreme Court make new law? Yes, and here is an example. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] The question is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process? In his paper, Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. Here, Ware explains…

Jun

By Bob Weeks

Kansas Supreme Court: Selecting Judges

While many believe that judges should not "legislate from the bench," that is, make law themselves, the reality is that lawmaking is a judicial function. A paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the undemocratic method of judicial selection process used in Kansas.[1. Ware, Stephen J. Originalism, Balanced Legal Realism and Judicial Selection: A Case Study. Available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2129265.] At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware presents eleven examples of judges on the two highest Kansas courts engaging…

Mar

By Guest Author

Math quiz on Kansas spending

The average Kansan is misinformed regarding Kansas school spending, and Kansas news media are to blame, writes Paul Waggoner of Hutchinson. Math Quiz on Kansas Spending By Paul Waggoner Math questions, one would think, are very straight-forward and easy to answer. At least easy to guess the right answer in a simple multiple choice test. Such is not the case however with the average Kansan who follows state issues relying on the headlines in the Kansas press. The reality of how poor a job the Kansas press is doing with numbers is found in a December 2015 SurveyUSA study of…

Mar

By Bob Weeks

Kansas Supreme Court judicial selection

Kansas progressives and Democrats oppose a judicial selection system that is used by U.S. Presidents, both Democrats and Republicans. What is the substantive difference between these two systems? A) A state's chief executive appoints a person to be a judge on the state's highest court. Then the state's senate confirms or rejects. B) A nation's chief executive appoints a person to be a judge on the nation's highest court. Then the nation's senate confirms or rejects. Perhaps there is a difference that I'm not smart enough to see. I'm open to persuasion. Until then, I agree with KU Law Professor…

Jan

By Bob Weeks

Kansas Attorney General Derek Schmidt

Kansas Attorney General Derek Schmidt spoke to members and guests of the Wichita Pachyderm Club on January 22, 2106. He addressed cases before the Kansas and United States Supreme Courts, including the Wichita marijuana case and the Carr Brothers appeal. This is an audio presentation.

Jan

By Bob Weeks

Ranzau petition to Kansas Supreme Court

A filing by a group seeking to recall a county commissioner declares "facts" that can't possibly be known at this time. Those hoping to recall Sedgwick County Commissioner Richard Ranzau have filed a petition with the Kansas Supreme Court seeking to overturn the finding of the Sedgwick County District Attorney. That finding was the petition did not meet the grounds and conditions proscribed in Kansas law. (Many news headlines and reporting use phrases like "District Attorney blocks petition." That's not accurate. The DA simply ruled that the petition did not meet the legal requirements.) In the filing, under a section…

Oct

By Bob Weeks

Kansas school fund balances

There is an update with data for a new year; click here. Kansas school fund balances rose slightly this year, both in absolute dollars and dollars per pupil. As Kansans debate school funding, as the Kansas Supreme Court considers ordering more school spending, and as school spending boosters insisting that school spending has been slashed, a fact remains constant: Kansas schools don't spend all the money they've been given. Fund balances have been growing almost every year, including this year. Fund balances are necessary for cash flow management. The issue is what levels of balances are necessary. Based on recent…

Kansas Center for Economic Growth and the truth

Sep

By Bob Weeks

Kansas Center for Economic Growth and the truth

Why can't Kansas public school spending advocates -- especially a former Kansas state budget director -- tell the truth about schools and spending, wonders Dave Trabert of Kansas Policy Institute. Kansas Center for Economic Growth abuses the truth on school funding ... again Dave Trabert, Kansas Policy Institute The Kansas Center for Economic Growth and Duane Goossen steadfastly refuse to publicly debate school finance and state budget issues with us, as their work is so easily shown to be false, misleading and otherwise distorted (see here, here, here, and here for examples). Mr. Goossen’s most recent piece is another fine…

Kansas school funding growing faster than inflation

Aug

By Guest Author

Kansas school funding growing faster than inflation

Kansas school funding has been growing much faster inflation and enrollment, but for some, it will never be enough, and they will continue to use taxpayer money to press their monetary demands, writes Dave Trabert of Kansas Policy Institute. Even by KASB standards, school operating spending is $3.9 billion ahead of inflation By Dave Trabert A recent blog post by the Kansas Association of School Boards (KASB) Associate Executive Director Mark Tallman says "Total school district funding is, in fact, at an all-time high, expected to top $6.1 billion this year" but "... the part of school funding available for…