Tag Archives: memo

Critical Race Theory

Critical Race Theory (CRT) emerged in the 1970s as a legal theory in response to what some viewed as a stalling of the civil rights movement. Over the years, CRT grew and evolved, with several scholars, including Kimberlé Crenshaw, Cheryl Harris, Richard Delgado, Jean Stefancic, Patricia Williams, Gloria Ladson-Billings, and Tara Yosso, credited as originators along with Bell and Freeman by the American Bar Association.

Merriam-Webster Dictionary defines CRT as “a group of concepts used for examining the relationship between race and the laws and legal institutions of a country and especially the United States”; and also as “a movement advocating the examination of that relationship.” CRT, unlike other legal scholarship, allows for the notion of storytelling, to provide context and understanding. These three themes—racism as a structural issue, critique of liberalism in failing to meet the needs of Black Americans, and storytelling—allow the audience to best distinguish CRT from other scholarship.

However, as CRT is a constantly developing area, it is not limited to those three themes.

Adoption of Minors: Statutory Overview

Adoption establishes a legal parent-child relationship between a child and third persons and terminates existing rights and obligations between a child and his or her biological parents. In Kansas, the Adoption and Relinquishment Act, KSA 59-2111 et seq., governs adoptions, which include termination of parental rights and the transfer of legal custody to and creation of legal rights in the adoptive parents. Any adult or married couple may adopt.

KSA 59-2112 defines the different methods of adopting: “adult adoption,” “agency adoption,” “independent adoption,” and “stepparent adoption.” This article focuses on adoption of minors.

The Patient Protection and Affordable Health Care Act Rulings

Prior to 2017, the Patient Protection and Affordable Care Act (ACA) contained a provision requiring all individuals to purchase health insurance. This provision was referred to as the “individual mandate.” If an individual failed to purchase minimum health coverage, a penalty (the “shared responsibility payment”) would be collected from that person. The penalty was assessed and collected in the same manner as taxes and paid to the Internal Revenue Service for deposit in the U.S. Treasury.

Several court cases have considered whether the shared responsibility payment, and the ACA more broadly, are constitutional. This memorandum provides information on cases regarding the ACA heard before the U.S. Supreme Court in 2012, 2015, and 2021.

Fentanyl Test Strips

Over the past decade, fentanyl that is made and distributed illegally has been increasingly found in the drug supply across the United States, contributing to significant increases in drug overdose deaths. According to the National Institute on Drug Abuse, more than 106,000 persons in the United States died from drug-involved overdose in 2021, more than double the 52,404 deaths recorded in 2015. The U.S. Centers for Disease Control and Prevention (CDC) reports that more than 150 people die every day from overdoses related to synthetic opioids such as fentanyl. To address this issue, states introduced more than 600 bills during the 2023 legislative session and enacted at least 103 laws with fentanyl-related provisions.

Because fentanyl is nearly undetectable when combined with other drugs, fentanyl test strips are one tool that can help identify the substance in other drugs. While fentanyl test strips have often been included in states’ criminal statutes on drug paraphernalia, many state legislatures have enacted exclusions in recent years to make fentanyl test strips legally available for distribution.

This memorandum provides more information on fentanyl and fentanyl test strips, including recent research, federal actions, and state legislation.

Kansas Emergency Management Act

The Kansas Emergency Management Act (KEMA), codified at KSA 48-920 et. seq., contains provisions governing the state’s response to disasters occurring within the state. This memorandum provides a brief history of KEMA, recent changes to the Act, and its application in the State’s response to the COVID-19 pandemic.

Kansas Creative Arts Industries Commission

The Kansas Creative Arts Industries Commission (KCAIC), housed within the Department of Commerce, is charged with growing the creative industries sector of the Kansas economy. The KCAIC also provides assistance for film crews, including location scouting, serving as a facilitator, and lending support during production.