Expertise and Current Research Activity
McAllister engaged in a variety of scholarly activities and service to Kansas during 2013. Among his scholarly activities, McAllister participated in or moderated programs that addressed campaign finance and free speech, Roe v. Wade, and the effect of elections on the U.S. Supreme Court and constitutional law. He also presented eight programs on recent and pending U.S. Supreme Court decisions in various Kansas venues and to the Colorado state judges’ annual meeting. McAllister serves as an invited Adviser on two important American Law Institute projects – the Restatement of American Indian Law and the Restatement of Election Law – attending substantive meetings periodically in Philadelphia.
In 2013 he was appointed to the Planning Subcommittee of the Appellate Practice Committee of the American Bar Association. For KU, McAllister served as Chair of the Judicial Board during the 2012-2013 fiscal year.
Notably, McAllister led the litigation team for the Attorney General’s office in Kansas v. Cheever (decided Dec. 16, 2013) in which the U.S. Supreme Court unanimously reversed the Kansas Supreme Court on an important Fifth Amendment question, giving the Attorney General a significant legal victory. He also led the state’s litigation team in the successful defense of a 2011 insurance coverage law, a case that concluded in 2013 (ACLU v. Praeger, (D. Kan.)), and he advises the state litigation teams in three other pending constitutional challenges to recently enacted state laws. In October, McAllister argued for the state in the school finance case before the Kansas Supreme Court (Gannon v. Kansas). At the request of Kansas Senator Jeff King, he served on a special committee (with former Judge Deanell Tacha and Washburn law professor Reginald Robinson) to compile a questionnaire for the Kansas Senate to use in considering the confirmation of judicial nominees to the Kansas Court of Appeals (August 2013).
- Constitutional Law, Civil Rights, Torts, State Constitutional Law
- Constitutional Law, Supreme Court History