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Alternative Means Jurisprudence in Kansas: Why Wright is Wrong
Author(s) -
William R. Mott
Publication year - 2013
Publication title -
kansas law review
Language(s) - English
Resource type - Journals
eISSN - 1942-9258
pISSN - 0083-4025
DOI - 10.17161/1808.20262
Subject(s) - wright , jurisprudence , law , law and economics , political science , sociology , history , art history
Untied from any mooring, alternative means jurisprudence in Kansas has drifted into a strange and confusing world where “secondary matters” infest every corner of the criminal code. Who knew the Kansas legislature intended to create a class system for criminal elements in this state? A breakdown in the application of Kansas’s ordinary canons of statutory and constitutional construction is to blame. 1 This breakdown has led the state into a morass of artificial and unnecessary distinctions impossible to otherwise conceive. Any discussion about the breakdown now begins with what was meant as a clarifying point in Kansas law with the holding of State v. Wright. 2

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