Cynthia Fountaine
Professor of Law
Texas Wesleyan University School of Law
1515 Commerce St.
Fort Worth, TX  76102

Phone: (817) 212-3934  Fax: (817) 212-3965
Email Professor Fountaine

Cynthia Fountaine has served as a professor of law at Texas Wesleyan University School of Law since 1997. She also served as Interim Dean from 2006-2008.

Professor Fountaine is a Fulbright Senior Scholar at the University of Bayreuth in Germany for the 2009-2010 academic year.  She will teach U.S. Constitutional Law and U.S. Common Law Methodology to German law students.

She taught at the University of Cincinnati College of Law from 1992-1997, and during the 2005-06 academic year, she was a visiting professor at Washington & Lee University School of Law.

Prior to teaching, Professor Fountaine practiced at O’Melveny & Myers in Los Angeles, California, where she litigated various commercial cases and did a considerable amount of volunteer pro bono work for various community organizations.

Professor Fountaine holds a Bachelor of Science degree from Indiana University, Bloomington, and a Juris Doctor degree from the University of Southern California Gould School of Law. As a law student, she served as the publications editor of the Southern California Law Review.

Professor Fountaine's teaching and scholarship focuses on issues relating to the powers of government and access to justice, with particular emphasis on the federal courts' role in enforcing individual rights. In addition, her scholarship explores the lawyer's role in assuring effective representation and participation in the judicial system.  Her areas of expertise include civil procedure, federal courts, civil rights, the jury process, complex litigation, and legal ethics. Her work has been published in the Washington University Law Quarterly, the University of Cincinnati Law Review, the University of Michigan Journal of Race & Law, the American University Law Review, the University of Pittsburgh Law Review, the Southern California Law Review, and the Widener Law Journal.

In addition to her teaching commitments, Professor Fountaine has been active in professional and community service. She has served on the Law School Admission Council’s Committee on Misconduct and Irregularities in the Admissions Process, and she has served on various ABA committees, such as the Ethics 2000 Advisory Committee, the Commission on Women Committee, and on ABA Law School Site Inspection Teams. She is a member of the Tarrant County (Texas) Bar Association and the Dallas Bar Association. She is a Life Fellow of the Tarrant County Bar Foundation. She is a member of the Board of Directors of Texas Re-Entry Services, and a member of the Rotary Club of Fort Worth. In addition, she is a member of the Tarrant County Bar Association’s Diversity Committee. She was on the planning committee for the Wingspread VIII P-20 Pipeline Conference, which brought together lawyers, judges, and scholars to discuss ways to enhance diversity in the legal profession by reaching out to school-aged children with mentoring programs and enhanced civics education. She has also served as judge for the Texas Undergraduate Moot Court Association. 

Professor Fountaine is an inactive member of the State Bar of California.

Professor operates two blogs—The Issue and Adventure Bag—at www.FountaineOnline.com.

Scholarship
"Have License, Will Travel:  An Analysis of the New ABA Multijurisdictional Practice Rules,"
81 Washington University Law Quarterly 737 (2003).

"In the Shadow of Atticus Finch:  Constructing a Heroic Lawyer," 13 Widener Law Journal 123 (2003)
in Symposium, "When a Lawyer Stood Tall: Sharing and Understanding Stories of Lawyer Heroes," 13 Widener Law Journal 1 (2003) (AALS 2004 Annual Meeting, Joint Session of the Section on Professional Responsibility and the Section on Legal History).

"When is a Computer a Lawyer?: Interactive Legal Software, Unauthorized Practice of Law, and the First Amendment," 71 University of Cinncinatti Law Review 147 (2002).

"Article III and the Adequate and Independent State Grounds Doctrine," 48 American University Law Review 1053 (1999).

"Due Process and the Impermissible Collateral Attack Rule in Employment Discrimination Cases:  An Analysis of Section 108 of the Civil Rights Act of 1991," 58 University of Pittsburgh Law Review 435 (1997).

"Lousy Lawmaking: Questioning the Desirability and Constitutionality of Legislating by Initiative," 61 Southern California Law Review 733 (1988) (student note).

Other Publications
Stepping In: The Unique Challenges Faced by Interim Law Deans, 40 Toledo Law Review 343 (2009).

"Texas Wesleyan Law School and Its Public Service Partnerships," Tarrant County Bar Bulletin (December 2006) (Winner of State Bar of Texas 2007 Best News Article Award).

"Crossing State Lines: The New ABA Multijurisdictional Practice Rules," Wesleyan Lawyer
26 (Summer 2003).

"Demeaned Women," Fort Worth Star-Telegram, Feb. 22, 2003 (letter to the editor).

"Teaching Legal Methods:  Why, How, and What Next?," 7 Mich. J. Race & Law 494 (2002) in Breaking Into The Academy:  The 2002-2004 Michigan Journal of Race & Law Guide For Aspiring Law Professors (eds. Gabriel J. Chin & Denise C. Morgan).

"What Kind of Lawyer Will You Be?," Wesleyan Lawyer 30 (Spring 2002).

Selected Professional Presentations
• Lecturer, Atticus Finch: Constructing a Heroic Lawyer, Lecture Series on The Well-Rounded Lawyer, Texas Attorney General’s Office (August 2009)

• Presenter, The Legal Civil Rights Movement, and Panelist, They Had A Dream Too, sponsored by Texas Young Lawyers Association (February 2009) 

• Panelist, The Role for Pre-Law in Improving Diversity in the Legal Profession:  Pipeline & Collaboration, Pre-Law Advisors’ National Conference, Las Vegas, Nevada (October 2008)

• Co-Chair, Panelist, and Discussion Leader, Working Group on Professional Responsibility, Mexican Curricular Reform Project, Southeastern Association of Law Schools Annual Meeting (July 2008)

• Professional Delegate, US-Russia Joint Conference on the Rule of Law, hosted by St. Petersburg University School of Law, St. Petersburg, Russia (November 2007)

• Presenter, “Texas Wesleyan University School of Law:  Ten Years of Service and Impact in Fort Worth,” Fort Worth City Council, Pre-Council Meeting (October 23, 2007)

• Planning Committee Member and Speaker, Wingspread VIII P-20 Pipeline Conference, hosted by Texas Wesleyan University School of Law (October 2007) (consortium of academics and professionals seeking to promote and expand diversity in the legal profession and in legal education by providing mentorship and programming for at-risk children and youth)

• Invited Participant, Wingspread VII P-20 Pipeline Conference, hosted by the Johnson Foundation, Racine, Wisconsin (June 2007)

• Keynote Speaker, 2007 Texas Wesleyan University School of Law Alumni Association Annual Meeting (April 2007)

• Moderator, Coffee Comparisons:  Networking Discussions and Team Reports, Wingspread VI P-20 Pipeline Conference, Monterey, California (October 2007)

• Keynote Speaker, Texas Wesleyan University Law Review Alumni Association Annual Dinner (October 2006)

• Moderator, International Adoption and Cultural Transformation, Texas Wesleyan University School of Law Conference on International Adoption (November 2003)

• Presenter, The New ABA Multijurisdictional Practice Rules:  Recognizing the Realities of Client Representation in the Twenty-First Century, Federal Civil Practice Conference, Federal Bar Association (March 2003)

• Panelist and Planning Committee Member, Fashioning Women in Law Film Presentation and Panel Discussion, hosted by Texas Wesleyan University School of Law (February 2005)

• Presenter, Texas Wesleyan’s New Pro Bono Requirement, ACLU Meeting (February 2001)

• Elected Faculty Speaker, What Kind of Lawyer Will You Be?, Texas Wesleyan University School of Law Commencement (December 2001)

• Panelist, Procedural Issues Raised by the USA Patriot Act, ACLU Panel Discussion (October 2001)

• Moderator and Panelist, What Women in the Legal Profession Want (and Get), Panel Discussion, hosted by Texas Wesleyan University School of Law Women Law Students Association (March 2001)

Selected Professional Memberships, Activities & Awards

• 2008 Texas Wesleyan University School of Law Alumni Association Leadership Award

• LSAC Sub-Committee on Misconduct and Irregularities in the Law School Admissions Process

• ABA Site Evaluation Team, Washburn University School of Law (site visit spring 2008)

• Texas Access to Justice Commission Law School Advisory Committee

• Individual Member, International Association of Law Schools

• Life Fellow, Tarrant County Bar Foundation

• American Bar Association

• Tarrant County Bar Association

• Dallas Bar Association

• Tarrant County Bar Association Diversity Committee

• Fort Worth Salvation Army Advisory Board (2008-2009)

• Rotary Club of Fort Worth

• Board of Directors, Texas Re-Entry Services

• Lancaster Task Force (committee of city officials and business leaders to plan and monitor the revitalization of the “Lancaster Corridor” area of downtown Fort Worth)

• Tarrant County Women Lawyers

• Faculty Advisor, Texas Wesleyan University Law Review (2004-2005)

• Faculty Advisor, Women Law Students Association (1997-2005)

• ABA Ethics 2000 Advisory Committee (1998-2003)

• Expert commentator for the Fort Worth Star Telegram (see Toni Hensler, Private detective wins legal battle with Illinois inmate, Fort Worth Star Telegram, Nov. 4, 2003, p. 2B)

• Expert commentator for the Beaumont Enterprise (see Vanessa Everett, Lawyer ads fuel debate, Beaumont Enterprise, August 26, 2002)

• Reviewer for Aspen Publishing Company (civil procedure publications)

• Moot Court Coach (2000 and 2002)

• Faculty Liaison, ABA Commission on Women, Project on Gender Equality in Legal Education (1998-1999)

• Judge, Colleyville Heritage High School Winter Debate Invitational (1999 & 2000)

• The Barbara Gordon Montessori School Strategic Planning Committee (1998-1999)

• Judge, Texas Undergraduate Moot Court Association (1997)

• Technical Consultant, Ohio Committee of Bar Examiners (1995)

• Associate of Legal Writing Directors Bylaws Committee (1996)

Bar Admissions
• State Bar of California (inactive)

• Supreme Court of the United States

• United States Court of Appeals for the Ninth Circuit

• United States District Court for the Central District of California