Faculty
Fall 2009
October
Professor Susan Ayres creative work, “Medical Resident,” has been accepted for publication in the Legal Studies Forum.
Professor Wayne Barnes has accepted an offer by the West Virginia Law Review to publish his most recent article, “Consumer Assent to Standard Form Contracts and the Voting Analogy.”
Professor Megan Carpenter has been invited to moderate a panel on Intellectual Property at the Southeastern Association of Law Schools (SEALS) annual conference on July 30, 2010. The subject of the panel will be "Culture at Play with the Law: Research Strategies in Working Multi/Interdisciplinarily or Non-Traditionally," and will explore the intersection of law, technology, and culture outside the bounds of traditional legal scholarship. Professor Carpenter was also appointed to the Academic Committee of the International Trademark Association (INTA) for 2010-2011. Professor Carpenter will be moderating a panel discussion at the Annual Meeting of INTA in Boston, Massachusetts on May 24, 2010; the panel will focus on the scope of Intellectual Property (IP) laws on an international scale, and explore the notion of how far is too far when it comes to IP rights. Professor Carpenter was also appointed to the Quality Workforce Development Committee by the Fort Worth Chamber of Commerce. The Quality Workforce Development Committee is a committee organized to enhance economic growth, new and expanding business development opportunities, and continued quality human resource supply through education, program development, and community partnership efforts in Fort Worth and the North Texas region, and is comprised of thirty community leaders representing business, government, and education sectors. Professor Carpenter also was a leader in the Great Discussion series for the World Affairs Council regarding human rights and humanitarian intervention held in Fort Worth, Texas on October 2, 2009 and the topic was "Wars for Peace."
Professor Cynthia Fountaine has been invited and accepted the invitation to go to Jordan with the American Bar Association Rule of Law Initiative this Spring 2010 to train Jordanian law professors. Professor Fountaine will be going to Jordan to conduct this training for two months following the completion of her current Fulbright position lecturing at the Universität Bayreuth in Bayreuth, Germany.
Professor Jason Gillmer was quoted in a New York Times article, "In First Lady’s Roots, a Complex Path From Slavery," published on October 7, 2009 that traces the ancestry of Michelle Obama, the first lady. Professor Gillmer also presented "The ‘Love’ of Loving” on a panel regarding the historical antecedents to Loving v. Virginia at the Fourteenth Annual LatCrit Conference, held at American University in Washington, D.C. on October 2, 2009.
Professor Michael Green has agreed to present on November 14, 2009 his work-in-progress entitled, “Employment Discrimination after the Supreme Court’s 2009 Term: A Retaliatory Check on Employers and the Arbitration Monster,” at the Third Annual Dispute Resolution Works in Progress Conference to be held at Harvard Law School on November 13-14, 2009 in Cambridge, Massachusetts. Professor Green has also accepted an offer to speak on a panel at the American Bar Association’s Labor and Employment Section Technology Committee Midwinter Meeting at NYU Law School in New York, N.Y. on April 29, 2010. The panel will focus on “Virtual and Portable Workspaces and the Practice of Law" and address the use and abuse of cloud computing, social networking and twitter, and smart phones and other mobile devices in the practice of law, including ethical issues. Professor Green also presented “Four-Day Weeks and Efforts Aimed at Reducing Work Time: Employer Sympathy or Circumventing Unions and Wage Hour Laws?”at the University of Connecticut Law Review Symposium on “Redefining Work: Implications of the Four-Day Work Week,” held in Hartford, Connecticut on October 30, 2009.
Professor Maxine Harrington was quoted in a feature story on confidentiality clauses in medical malpractice cases, “Covert Operations,” in the Hood County News on October 10, 2009. Professor Harrington was also quoted in a feature story on the expansion of firms into health law, “Winstead plans to grow its health care group,” in the Dallas Business Journal on October 23, 2009.
Professor Terri Helge presented “The Taxation of Cause-related Marketing” at The Law of Philanthropy in the 21st Century Symposium hosted by the Chicago-Kent College of Law on October 23, 2009 in Chicago, Illinois.
Professor Brian Holland presented a work-in-progress on “Copyright Fair Use and Social Semiotics” at the Annual Conference of the Central States Law School Association in Columbus, Ohio on October 23, 2009. Professor Holland also accepted invitations to present on Privacy in Social Networks at the Widener Law Review symposium on Privacy and the Internet in Harrisburg, Pennsylvania on February 22, 2010, and on Copyright Fair Use and Social Semiotics at the Law, Property, and Society Conference at Georgetown Law School in Washington, D.C., on March 6, 2010, the Southwest/West Junior Law Faculty Conference at Arizona State University O'Connor College of Law School in Tempe, Arizona on March 15, 2010, and the Intellectual Property Scholars Roundtable at Drake University School of Law in Des Moines, Iowa on March 27, 2010.
Professor Gary Lucas, Jr. presented "The Taxation of Permits Distributed for Free as Part of a Carbon Cap-and-Trade Program" on Oct. 24, 2009 at the Central States Law Schools Association Annual Meeting held at Capital University Law School in Columbus, Ohio.
Professor James McGrath presented "Approaches to Ensuring the Safety of Prisoners of Ambiguous Sex," at the Central States Law Schools Association Conference, in Columbus, Ohio, on October 14, 2009. Professor McGrath also presented "An Historic Examination of Legal Segregation by Sex," at the 14th Annual LatCrit Conference, American University Washington School of Law, Washington, D.C. on October 3, 2009. Professor McGrath was also invited to present "Transgressors of Masculinity Norms" at the Southeastern Association of Law Schools (SEALS) Conference, to be held in Palm Beach, Florida, on August 1, 2010. Professor McGrath has also been invited to present on the "Rights of Sexual Minorities" at the Civil Rights in the Obama Era Conference, at Valparaiso University School of Law, in Valparaiso, Indiana, on November 13, 2009.
Visiting Professor Timothy Mulvaney accepted a publication offer from the Richmond Law Review for his work entitled “Pining for Sustainability.” He also accepted a publication offer from U.C. Davis’s Environmental Law and Policy Journal for his work entitled “The Remnants of Exaction Takings.” Professor Mulvaney also presented “The Remnants of Exaction Takings” to the faculty of the University of Mississippi School of Law in Oxford, Mississippi on October 8, 2009. He presented “The Curious Case of Permit Condition Review” at the Annual Central States Law Schools Association Conference held in Columbus, Ohio on October 24, 2009. Professor Mulvaney has been invited to present his research on takings jurisprudence at the Association for Law, Property, and Society Conference at Georgetown University Law Center in Washington, D.C. on March 5-6, 2010 and at the Southwest/West Junior Law Faculty Conference at Arizona State University O’Connor College of Law in Tempe, Arizona on March 15, 2010. Further, Professor Mulvaney has been invited to present “Takings in the Trenches” at a symposium at Florida State University School of Law in Tallahassee, Florida on April 22, 2010. The Florida State Journal of Land Use and Environmental Law will publish Professor Mulvaney’s symposium article of the same title in the fall of 2010.
Professor Huyen Pham spoke on an immigration panel at the Fourteenth Annual LatCrit Conference, held at American University in Washington, D.C. on October 2, 2009. Her presentation discussed her work-in-progress paper entitled, "The Economic Impact of Subfederal Immigration Regulation: An Empirical Analysis.” On October 31, 2009, Professor Pham also presented the same paper at the University of South Carolina School of Law as part of the "Perspectives on Justice" symposium held on October 30-31, 2009 in Columbia, South Carolina.
Late August/September
Professor Stephen Alton has accepted an offer to publish his essay, "Roll Over Langdell, Tell Llewellyn the News: A Brief History of American Legal Education, " in Volume 35 of the Oklahoma City University Law Review, forthcoming in Summer 2010.
Professor Susan Ayres acted as an external reader on the dissertation committee for Mary Leslie Middleton from Pacifica University Graduate Institute in Carpenteria, California and reviewed her dissertation paper entitled, “The Quest for Justice When Mothers Murder Their Children: An Archetypal Perspective.” Professor Ayres has also agreed to participate on a panel titled, “Regulating the Reproductive Body,” to be held at the Southeastern Association of Law Schools (SEALS) annual conference in August 2010 in Palm Beach, Florida.
Professor Megan Carpenter has authored, “‘Will Work’: Exploring the Role of Intellectual Property in a Creative Economy," which will be published in Law, Creativity, and Entrepreneurship (Shubha Ghosh, ed., Edward Elgar Publishing, forthcoming 2010).
Professor Frank Elliott gave the luncheon speech for the Collaborative Law Section of the Dallas Bar Association’s 5th Annual Collaborative Training and Symposium in Dallas, Texas on September 24, 2009. The speech concerned the appearance of ADR courses, including collaborative law, in law school curricula.
Professor Cynthia Fountaine has become a co-editor of the new and expanded Civil Procedure & Federal Courts Blog, part of the Law Professor Blogs Network, along with Robin Effron (Brooklyn) and Adam Steinman (Cincinnati). In taking over the Civil Procedure Prof Blog, they have decided to expand the coverage to include Federal Courts. Professor Fountaine has also agreed to participate on a panel titled, “Global Law School: Teaching/Studying Abroad, Bringing it Home,” to be held at the Southeastern Association of Law Schools (SEALS) annual conference in August 2010 in Palm Beach, Florida. Professor Fountaine and Professor Malinda Seymore, who will also present as a member of the panel, planned and developed this program for the SEALS conference.
Professor Paul George recently published An Introduction to Civil Procedure: Forum Selection and Choice of Law (Vandeplas 2009) with co-author, Professor Meg Penrose.
Professor Jason Gillmer has recently completed an essay, “Race, Blood, and What the Alligator Knows,” which will be published in Volume 83 of the Southern California Law Review in 2010.
Professor Michael Green has agreed to publish his paper, “Four-Day Weeks and Efforts Aimed at Reducing Work Time: Employer Sympathy or Circumventing Unions and Wage and Hour Laws?,” in Volume 42 of the Connecticut Law Review in 2010. Professor Green presented “Furloughs, Reduced Workweeks and Other Efforts Aimed at Reducing Employees’ Work Hours While Still Offering Job Stability” at the Fourth Annual Colloquium on Current Scholarship in Labor and Employment Law held at Seton Hall University School of Law in Newark, New Jersey on September 25, 2009. Professor Green agreed to speak at the American Bar Association (ABA) Labor and Employment Section Midwinter Meeting to be held in Coronado, California on March 26, 2010 as part of a panel on “The Allure of Electronic Communications: Forgetting Your Professional Responsibilities When Involved With Email, Facebook, Twitter, and Blogging.” Professor Green has also agreed to participate on a panel to be held at the Southeastern Association of Law Schools (SEALS) annual conference in August 2010 in Palm Beach, Florida titled, “Blah, Blah, Blah About Blogging, Facing Facebook, and Twisting About Twitter: Employer Actions Based Upon Communications on the Internet and Other Similar Workplace Privacy Issues.” Professor Green was recently selected as part of the inaugural class of individuals to be members of the Leadership Development Program for the ABA Labor and Employment Section and participated in the first “Paths to Leadership” conference held in Chicago, Illinois on September 10-12, 2009. Professor Green has also been appointed to the CLE Committee for the ABA Labor and Employment Section’s annual meeting. Professor Green also continued his previous appointment as co-chair of the Advocacy Committee for the ABA Section of Dispute Resolution for the 2009-10 year and as neutral co-chair of the ABA Labor and Employment Section’s Student Trial Regional Competition to be held in Dallas, Texas on November 21-22, 2009.
Professor Maxine Harrington wrote an opinion editorial that was published on September 4, 2009 in the Fort Worth Star Telegram entitled, “Advance Directives: Words are killing debate about compassionate end-of-life options.” Therein, Professor Harrington debunks some of the myths regarding the health care bill pending in Congress and the Texas Advance Directives Act. An on-line version of Professor Harrington's comments was posted on September 3, 2009.
Professor Charlotte Hughart has been notified that IOLTA has renewed the Law Clinic’s grant for September 1, 2009, through August 31, 2010. This grant allows the Law Clinic to provide legal services to assist caretakers of children who were victims of abuse or neglect in Tarrant County. This is the second grant that IOLTA has awarded the Law Clinic.
Professor Gary Lucas, Jr. has accepted an offer to publish his article, “Taxing the Windfall: Why the Government Should Tax Emissions Permits Distributed for Free as Part of a Carbon Cap-and-Trade Program,” in Volume 1 of the George Washington Journal of Energy and Environmental Law in 2010.
Professor James McGrath spoke on the panel, "So You Want to Be a Law Professor," at the Lavender Law Conference in Brooklyn, New York on September 12, 2009. Professor McGrath has also been serving on the Fort Worth Diversity Task Force as the city contemplates adding transgendered persons to the list of persons protected by law against discrimination in employment and public accommodations.
Visiting Professor Timothy Mulvaney is a co-project investigator on a team of researchers that has been awarded a federal grant to conduct a two-year interdisciplinary and cooperative research project on regulatory takings, environmental law and land use issues related to natural hazard and climate change resiliency. Professor Mulvaney is collaborating on this project with researchers at the University of Florida, LSU, the University of Mississippi, and the Harte Research Institute at Texas A & M – Corpus Christi. Professor Mulvaney also has been invited to present "The Remnants of Exaction Takings" at the University of Mississippi School of Law in Oxford, Mississippi as part of its faculty speaker series program on October 8, 2009. Further, Professor Mulvaney has been invited to present “The Curious Case of Permit Condition Review” at the annual Central States Law Schools Association Conference, which will be held at Capital University Law School in Columbus, Ohio on October 23-24, 2009. In addition, Professor Mulvaney has been invited to serve on a panel at “The International Conference on Sea Level Rise in the Gulf of Mexico: Impacts, Adaptations, and Management” in Corpus Christi, Texas in March of 2010.
Professor Mary Margaret “Meg” Penrose recently published An Introduction to Civil Procedure: Forum Selection and Choice of Law (Vandeplas 2009) with co-author, Professor Paul George. Professor Penrose also recently published Education Policy and the Law: Cases and Commentary (Vandeplas Publishing 2009) with co-author, Bernard James (Pepperdine). Professor Penrose has been invited to speak on February 5, 2010 at the University of Tulsa School of Law in Tulsa, Oklahoma on “The Right to Counsel During State Habeas Proceedings.”
Professor Susan Phillips recently published the article, “‘Like Sands Through the Hourglass . . .’: How to Develop a Good Legal Research Problem,” in Volume 28, Numbers 3-4, 2009 of the Legal Reference Services Quarterly. This article is included in part two of a special issue on teaching legal research.
Professor Malinda Seymore has agreed to participate on a panel titled, “Global Law School: Teaching/Studying Abroad, Bringing it Home,” to be held at the Southeastern Association of Law Schools (SEALS) annual conference in August 2010 in Palm Beach, Florida. Professor Seymore and Professor Cynthia Fountaine, who will also present as a member of the panel, planned and developed this program for the SEALS conference.
Dean Frederic White was recently appointed among thirteen members, including Director of Advocacy Programs and adjunct professor, Vince Cruz, to serve on a merit selection panel formed to assist the United States District Judges of the Northern District of Texas in their appointment of a new full time federal magistrate judge to be located in Fort Worth, Texas. The order was issued by Chief Judge Sidney A. Fitzwater on August 19, 2009. Dean White was nominated for the position by Judge Terry R. Means and adjunct professor Cruz was nominated by Judge John H. McBryde.
Summer 2009
July/Early August
Professor Susan Ayres presented a paper, "Policing Concealed Pregnancy," as part of a panel on "Policing Families" held at the Southeastern Association of Law Schools (SEALS) annual conference on Friday, August 7, 2009 in Palm Beach, Florida.
Professor Wayne Barnes presented a paper, "The French Subjective Theory of Contracts: Separating Rhetoric from Reality," as part of a panel on "Comparative Contract Law" held at the Southeastern Association of Law Schools (SEALS) annual conference on Friday, August 7, 2009 in Palm Beach, Florida.
Professor Megan Carpenter published an article, "Trademarks and Human Rights: Oil and Water? Or Chocolate and Peanut Butter?," in volume 99, issue no. 4 (July-August 2009), of The Trademark Reporter, one of the most court-cited Intellectual Property (IP) journals. Professor Carpenter also developed a partnership between the TWU School of Law Center for Law and Intellectual Property (CLIP) and the Arts Council of Fort Worth and Community Arts Center, wherein CLIP will present on IP issues and draft helpful educational information for the arts community in the Fort Worth/Dallas Metroplex. Professor Carpenter has also developed a partnership between CLIP and Tech Fort Worth, involving students in interdisciplinary teams working on issues of technology transfer. This partnership will uniquely involve other universities and organizations such as the University of Texas Arlington, Texas Christian University, and the University of North Texas Health Sciences Center in a cooperative effort across disciplines, creating "business teams" to support entrepreneurship. Professor Carpenter was also invited to speak at the Eldon B. Mahon Inn of Court in Fort Worth, Texas, on May 11, 2010, at 5:30 p.m., on the pro bono work that Texas Wesleyan law students have done researching indigenous issues and matters related to the estate of Crazy Horse.
Professor Cynthia Fountaine presented "Atticus Finch: Constructing a Heroic Lawyer" at the Texas Attorney General’s office in Austin, Texas on August 11, 2009 as part of the Lecture Series on The Well-Rounded Lawyer.
Professor Jason Gillmer has been invited to speak on "The Love of Loving" as part of a panel on "Historical Antecedents to Loving v. Virginia" at the 14th Annual LatCrit Conference at American University Washington College of Law in Washington, D.C. on October 1-4, 2009. Professor Gillmer has also been asked to write a review of "Law and Society in the South: A History of North Carolina Court Cases," by John W. Wertheimer, to be published in Cambridge University Press’s Continuity and Change: A Journal of Social Structure, Law and Demography.
Associate Law Librarian Lisa Goodman moderated a panel discussion entitled "The Thurgood Marshall Papers: A Case Study in Acquiring Significant Archival Donations … Journey Through the Legacy of a Civil Rights Pioneer" at the 102nd Annual Meeting of the American Association of Law Libraries in Washington, D.C. on July 26, 2009. The discussion centered on the nearly 175,000 documents that comprise the collection of Thurgood Marshall Papers housed in the Library of Congress’ Manuscript Division. The panel included Dr. James Hutson, Chief of the Manuscript Division of the Library of Congress; Professor Mark Tushnet of Harvard Law School; and journalist Joan Biskupic of USA Today.
Professor Michael Green presented "What Actions Will Employers, Arbitrators, and Neutral Service Providers Take in Response to the Supreme Court’s Pyett Decision?" as part of a panel on "Union Negotiated Arbitration of Statutory Discrimination Claims after 14 Penn Plaza v. Pyett," held at the Southeastern Association of Law Schools (SEALS) annual conference on Thursday, August 6, 2009 in Palm Beach, Florida. Professor Green also presented "Mandatory Bargaining Over Requiring Employees to Arbitrate?" as part of a Dispute Resolution Section panel on "Negotiating Union Waivers for Statutory Discrimination Claims in Arbitration and Related Issues of Advocacy After 14 Penn Plaza LLC v. Pyett" held at the American Bar Association’s Annual Meeting on Thursday, July 30, 2009, in Chicago, Illinois. Professor Green will also be presenting on "Furloughs, Reduced Workweeks and Other Efforts Aimed at Reducing Employees’ Work Hours While Still Offering Job Stability"at the Fourth Annual Colloquium on Current Scholarship in Labor and Employment Law to be held at Seton Hall University School of Law in Newark, New Jersey on September 25-26, 2009. Professor Green's comments about the Supreme Court's recent decision in Ricci v. DeStefano were quoted, along with other comments about Ricci from Dean Erwin Chemerinsky from UC Irvine and Professor Samuel Estreicher from NYU, in the American Bar Association's Labor and Employment Section Summer 2009 Newsletter article by Steven Moore and Mark Risk, "Firefighter Plaintiffs Prevail in Landmark Supreme Court Case." Professor Green's statements on page 14 of this article discuss the impact of Ricci: "the decision" leads to "an overwhelming chilling effect that creates a strong disincentive for any employer to take remedial action" and employees "who have been historically denied positions in the workplace on the basis of race, gender, and national origin will not get the benefit of an informed and concerned employer who seeks to take proactive steps to prevent discrimination from occurring as a form of disparate impact."
Professor Terri Helge was invited to speak at the 27th Annual Nonprofit Organizations Institute hosted by The University of Texas School of Law on January 14, 2010 in Austin, Texas. Professor Helge will speak on the tax and business implications of cause-related marketing activities undertaken by charitable organizations. Professor Helge was also invited to speak to the Dallas Association of Young Lawyers on November 5, 2009 at the Belo mansion in Dallas regarding issues in probate administration.
Visiting Professor Timothy Mulvaney has been invited to present "The Remnants of Exaction Takings" at the Villanova University School of Law in Philadelphia, Pennsylvania as a part of its faculty speaker series on September 4, 2009.
Professor Neal Newman has been selected by the Dallas Business Journal to be one of the 10 judges who will determine the "Best Corporate Counsel" in such categories as Best Deal, Diversity Champion, Community Service, etc. A reception for the winners will occur in November 2009.
Professor Huyen Pham spoke at the Emerging Immigration Law Scholars and Teachers workshop at Hofstra Law School on July 16-17, 2009. Professor Pham has also been asked to speak at Florida State University College of Law as part of its faculty speaker series program to be held on October 23, 2009 and at Wayne State University Law School on February 4, 2010, in its law review symposium on immigration law reform. Professor Pham will also be presenting as part of a panel on "Latino Electoral Politics and Immigration: A Critical Assessment of the Obama Administration on Immigration Reform" at the 14th Annual LatCrit Conference at American University Washington College of Law in Washington, D.C. on October 2, 2009. Professor Pham’s paper, "Problems Facing the First Generation of Local Immigration Laws," was recently listed on Social Science Research Network’s top ten download list for Immigration, Refugee & Citizenship Law.
Professor Malinda Seymore presented a paper, "Transcending Procedure: How Rape Shield Law Can Help in Teaching Substantive Rape Law,"as part of a panel on "Evidence and Rape" held at the Southeastern Association of Law Schools (SEALS) annual conference on Monday, August 3, 2009 in Palm Beach, Florida.
June
Professor Frank Elliott gave a presentation on Preparation of Settlement Agreements to the Dallas Chapter of the Association of Attorney Mediators in Dallas, Texas on June 22, 2009.
Professor Cynthia Fountaine has been awarded a Fulbright Scholar grant to lecture at Universität Bayreuth in Bayreuth, Germany during the 2009-2010 academic year. Professor Fountaine will teach United States Constitutional Law and United States Common Law Methodology to German law students.
Professor Michael Green presented "Thoughts on the Wright and the Wrong of the Supreme Court’s Pyett Decision" at the Association of American Law Schools’ 2009 Midyear Meeting Workshop on WorkLaw held in Long Beach, California on June 12, 2009. Professor Green participated on an arbitration panel discussing the Supreme Court’s recent decision in 14 Penn Plaza LLC v. Pyett The American Bar Association’s Labor and Employment Section Newsletter recently published Professor Green’s short article about the Pyett decision, "Divided Supreme Court Allows Union Waiver of Judicial Forum," in the Spring 2009 issue. Professor Green has also agreed with Professor Ronald Turner (University of Houston) to author a textbook, Employment Law: Issues, Theories, and Realities, by West Academic Publishing with an expected completion date in 2011.
Professor Charlotte Hughart received notice that her application seeking renewal of the Texas Wesleyan Law Clinic’s United Way Impact grant has been approved and this grant is now renewed for an unprecedented fifth year in the amount of $61,872.00. Through the grant, the Law Clinic works collaboratively with the Lena Pope Home to assist caregivers of children who are at risk of abuse or neglect. The Lena Pope Home provides social services to the family and the Law Clinic provides legal representation to obtain legal custody, which stabilizes the children’s lives.
Professor James McGrath was invited to speak on careers in academia at the Lavender Law Conference in Brooklyn, New York on September 12, 2009. Professor McGrath was also invited to speak on "Transgendered Persons in Prison" at the 14th Annual LatCrit Conference at American University Washington College of Law in Washington, D.C. on October 1-4, 2009.
Dean Frederic White was selected for the Leadership Fort Worth Class of 2010. Dean White also participated as a panelist at the Summer Program in Comparative Law, co-sponsored by Golden Gate University School of Law and the University of Paris, Nanterre, which was held in Paris, France on June 24, 2009. The panel topic focused on the roles of President Obama and French President Sarkozy in promoting racial equality.
Spring 2009
May
Professor Stephen Alton organized a colloquium on "Issues in Art Law" held at Texas Wesleyan School of Law on Saturday, May 30, 2009. At this colloquium, an audience of more than fifty individuals including students, panelists including Professor Megan Carpenter, and members of the local art world heard presentations by artists, art dealers, and museum personnel (including directors, curators, and registrars). Professor Alton also moderated two panels held at this colloquium.
Professor Susan Ayres made an appearance on Sunday, May 3, 2009 as a guest on Dallas radio station, 89.7FM, Power FM, and its weekly public affairs program, PowerTalk, heard every Sunday evening at 9 p.m. During this appearance, Professor Ayres and Patsy Summey, Project Coordinator of Baby Moses Dallas, spoke about and answered audience questions related to the Texas law and other similar laws pertaining to safe havens where newly delivered babies may be left instead of being abandoned. Professor Ayres also accepted an invitation to serve a three year term (2009-11) as a board member of the Association for the Study of Law, Culture & Humanities.
Professor Megan Carpenter moderated a Table Topic on Trademarks and Moral Rights at the Annual Meeting of the International Trademark Association in Seattle, Washington on May 18, 2009. Professor Carpenter also presented at the colloquium on "Issues in Art Law" held at Texas Wesleyan School of Law on Saturday, May 30, 2009 where she discussed copyright law and the visual arts and moderated one of the panels.
Professor Frank Elliott gave a presentation to the Tarrant County Association of Mediators on May 19, 2009 regarding drafting and enforcement of mediated settlement agreements.
Professor Paul George has accepted an offer to co-author with Professor Meg Penrose (who will be joining our faculty in Fall 2009) a civil procedure casebook by Vandeplas publishing with an expected publication date in 2010. Professor George has also agreed to produce two day-long CLE programs on federal trial practice for Thomson/Reuters to be held in October, 2009. At the American Law Institute (ALI) annual meeting held in Washington, D.C. on May 17-19, 2009, Professor George was re-appointed to the ALI's fifteen-member Outreach Committee which is charged with recruiting and membership activities.
Professor Jason Gillmer presented during an author meets reader panel at the annual Law and Society meeting in Denver, Colorado, on Friday, May 29, 2009. The subject of the talk was the new book by Ariela Gross, one of the leading legal historians of race and slavery, entitled, What Blood Won’t Tell: A History of Race on Trial in America. Professor Gillmer has also been asked to contribute an essay on the book to a special symposium edition of the Southern California Law Review in the fall. Additionally, Professor Gillmer published a book review of Davison M. Douglas’s work on Jim Crow Moves North: The Battle over Northern School Segregation, 1865-1954, in the Law and History Review.
Professor Michael Green presented "Doubting the Thomases: Is Black-on-Black Sexual Harassment in the Workplace a Matter of Sex or Race or Both?" at the Law and Society annual meeting held in Denver, Colorado on May 28, 2009 as part of a panel entitled, "Employment Discrimination in a Non-Binary World: Worker Identity, Intersectionality, and Institutional Responsibility." Professor Green has agreed to speak on a panel at the American Bar Association Annual Meeting in Chicago, Illinois on Thursday, July 30, 2009 as part of the Section of Dispute Resolution program, "Negotiating Union Waivers of Statutory Discrimination Claims in Arbitration and related issues of Advocacy after 14 Penn Plaza LLC v. Pyett." Professor Green has also accepted an offer to participate in and speak at a law review conference Symposium, "Redefining Work: Exploring the Four-Day Week," to be held at the University of Connecticut School of Law on October 30, 2009.
Professor Terri Helge presented "Policing the Good Guys: Regulation of the Charitable Sector Through a Federal Charity Oversight Board" on a tax panel at the Law and Society annual meeting held in Denver, Colorado on May 30, 2009.
Professor Keith Hirokawa published a paper entitled, "The relevance of land use law to climate change preparedness: The case of sustainable water practices," in Trends, Volume 40, No. 5. Trends is the bi-monthly newsletter for the ABA Section of Environment, Energy, and Resources. Professor Hirokawa has also been confirmed as a 2009-2010 newsletter issue editor for the Environmental Law Section of the New York State Bar Association.
Professor Charlotte Hughart has accepted an appointment by the Tarrant County Bar Association to serve as Chair Elect for their Trinity Habitat for Humanity Committee this coming year (2009-10), starting July 1, and as Chair for the next year (2010-11).
Professor James McGrath presented about transgendered and intersexual persons’ experience in prison and explored the historical underpinnings of the segregation of people in penal institutions based on their sex at the Law and Society Annual Meeting held in Denver, Colorado on May 28, 2009.
Professor Huyen Pham was quoted on May 14, 2009 in a feature story by Lydia Lum appearing in Diverse Issues in Higher Education entitled, "When Work Experience is Not Enough." In the story, Professor Pham discussed the intricacies of the law school faculty hiring process and the value of having a mentor to help you in pursuing a law school faculty position.
Professor Lynne Rambo served as a commentator regarding a story on May 26, 2009 for CW Channel 33, KDAF-TV, Dallas-Fort Worth, as she weighed in on President Obama’s decision to nominate United States federal court judge, Sonia Sotomayor, to the United States Supreme Court position being vacated by Justice David Souter.
April
Professor Susan Ayres presented "Denied Pregnancies and Problems of Neonaticide" and participated in a roundtable discussion on "Narratives in Legal Scholarship" at the 12th Annual Conference of the Association for the Study of Law, Culture and Humanities, held at Suffolk University School of Law on April 4, 2009 in Boston, Massachusetts. At this same conference, Professor Ayres also joined with Professor James McGrath as a cast member in the public reading of the play, "Third Crossing" by Professor Deborah Threedy that explored the relationship between Sally Hemmings and Thomas Jefferson.
Professor Mark Burge spoke at the Twelfth Annual Conference of the Association for the Study of Law, Culture and Humanities, held at Suffolk University School of Law on April 4, 2009 in Boston, Massachusetts. His presentation, "Legal Wizards: Applying the Lessons of Harry Potter to Law School and Law Practice," was part of a panel of authors whose work will appear in the book, Harry Potter and the Law, which will be published later this year by Carolina Academic Press.
Professor Megan Carpenter spoke at the "Law, Creativity, and Entrepreneurship" conference at the University of Wisconsin School of Law in Madison, Wisconsin on April 24, 2009. Her presentation was on "From Coal to Content: The Role of Intellectual Property in Transitional U.S. Economies." She is also drafting a book chapter to be included in a book to be published by Elgin Publishers on the same subject.
Professor Paul George was appointed to the Advisory Board for the Loyola University Chicago Consumer Law Review.
Professor Michael Green presented at the Annual American Bar Association, Section of Dispute Resolution 11th Annual Conference, held in New York, New York on April 16, 2009. Professor Green presented his paper, "Collective Bargaining Waivers: The Wright and the Wrong of Pyett," as part of a panel including the attorneys who represented parties in the 14 Penn Plaza v. Pyett case decided by the Supreme Court on April 1, 2009. Professor Green also presented, "Negotiation of Collective Bargaining Agreements," at the 47th Annual Course on Labor Law and Labor Arbitration, The Center for American and International Law, in Plano, Texas on April 23, 2009.
Professor Terri Helge accepted an offer from the Cornell Journal of Law and Public Policy to publish her paper, "Policing the Good Guys: Regulation of the Charitable Sector Through a Federal Charity Oversight Board."
Professor Keith Hirokawa published the article, "A Challenge to Sustainable Governments," in Slip Opinions, the on-line supplement to Washington University Law Review, on April 2, 2009. Professor Hirokawa also accepted an offer from the Drexel Law Review to publish his paper, "Critical Enculturation: Using Problems to Teach Law."
Professor James McGrath presented "Issues of Transsexuals, Intersexual and Transgendered Persons in Prison" at the 12th Annual Conference of the Association for the Study of Law, Culture and Humanities, held at Suffolk University School of Law on April 4, 2009 in Boston, Massachusetts. At this same conference, Professor McGrath also joined with Professor Susan Ayres as a cast member in the public reading of the play, "Third Crossing" by Professor Deborah Threedy that explored the relationship between Sally Hemmings and Thomas Jefferson. On April 10, 2009, Professor McGrath presented "A Prisoner’s Dilemma: Transgendered Persons in Prison," on an interdisciplinary panel (in the social sciences) discussing gender and sexuality issues at the Southwest Social Science Conference in Denver, Colorado.
Professor Huyen Pham accepted an offer from the University of Florida Law Review to publish her paper, "When Immigration Borders Move."
Professor Carla Pratt chaired the Critical Race Theory and Indigenous Peoples Roundtable at the CRT 20: Honoring Our Past, Charting Our Future conference held at the University of Iowa College of Law on April 4, 2009. Professor Pratt discussed the need to reconceptualize Indian identity so that Indianness is more closely connected to indigenous notions of self than the colonizer's notion of what it means to be Indian.
Professor Lynne Rambo received an award for the Outstanding Upper Class Professor of the Year at the Annual Barristers’ Ball held on Friday, April 3, 2009.
Professor Aric Short presented at the 12th Annual Conference of the Association for the Study of Law, Culture and Humanities, held at Suffolk University Law School, on April 3, 2009 in Boston, Massachusetts. His presentation, entitled "Faith By Itself Is Dead: Local Homeless Feeding Restrictions and their Impact on the Free Exercise of Religion," explored the First Amendment implications of municipal ordinances enacted across the country to limit the ability of individuals and groups to feed the homeless in public spaces. Professor Short also received an award for the Outstanding First Year Professor of the Year at the Annual Barristers’ Ball held on Friday, April 3, 2009. Professor Short was interviewed for and quoted in an article appearing in the Fort Worth Star-Telegram on April 11, 2009 entitled, "Beware of Foreclosure 'Rescue' Outfits, Feds Say."
Professor Neil Sobol received an award for the Outstanding Legal Writing Professor of the Year at the Annual Barristers’ Ball held on Friday, April 3, 2009.
Professor Joe Spurlock hosted a delegation of attorneys from Bahrain, Egypt, Mauritania, Morocco, Oman, Qatar, and Saudi Arabia on April 21, 2009 as these attorneys discussed Sharia Law under Islam with approximately 50 Texas Wesleyan students in Legislation, Contracts II, Jurisprudence and National Security Law classes. These attorneys were visiting the United States as part of a program on Promoting Law and Judicial Reform in conjunction with a United States Department of State sponsored visit.
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March
Professor Susan Ayres presented "Mothers in Denial" at the University of Missouri-Kansas City School of Law on March 13, 2009. Professor Ayres’ article, Kairos and Safe Havens: The Timing and Calamity of Unwanted Birth, 227 Wm. & Mary J. of Women & Law 227 (2009), was recently published. Professor Ayres has also been invited to present at a couple of programs to be held at the Twelfth Annual Conference for the Association of the Study of Law, Culture, and the Humanities to be held at Suffolk University Law School, Boston, Massachusetts, April 3-4, 2009. More details about these presentations will be provided in the April Highlights.
Professor Frank Elliott was cited by the Supreme Court of Texas in Arkoma Basin Exploration Co. v. FMF Associates 1900-A, LTD, 249 S.W.3d 380 (Tex. 2008) when it cited 10 Frank W. Elliott, West’s Texas Forms: Civil Trial & Appellate Practice § 26.1 (3d ed. 2000).
Professor Paul George’s two law review articles attacking rent concessions as improper contract penalties were recently recognized by consumer lobbyist Robert Doggett and the Texas Low Income Housing Information Service when they asked him to testify in front of a Texas Senate committee considering a bill on rent concessions. The consumer group took Professor George's advice to table the bill rather than risk abrogating the current strong common law remedies.
Professor Michael Z. Green was selected as the Littler Mendelson Employment & Labor Law Lecturer and gave a presentation entitled, "Where are We Going With the Merger of Employment Discrimination Claims and Alternative Dispute Resolution?," at Cleveland-Marshall College of Law, Cleveland, Ohio on March 12, 2009. Professor Green also presented "Another Matter to Address in the Mandatory Arbitration Debate: Which Side are You On Regarding Positional Conflicts of Interest?," at the American Bar Association, Section of Labor and Employment, Ethics & Professional Responsibility Committee Midwinter Meeting, panel on Issue Conflicts, Positional Conflicts, and Business Conflicts, held in Key West, Florida on March 27, 2009. Professor Green also participated in a panel on "Sexual Harassment in the Union and Non-Union Setting," at the American Bar Association, Section of Labor and Employment, Employment Rights and Responsibilities Committee Midwinter Meeting held in Key West, Florida on March 28, 2009. This panel involved a role play and discussion amongst arbitrators and advocates regarding the key differences in union labor arbitration and non-union employment arbitration.
Professor Maxine Harrington’s article, "The Thin Flat Line: Redefining Who Is Legally Dead in Organ Donation After Cardiac Death," 86 Den. Univ. L. Rev. 335 (2009), was published in the Denver University Law Review.
Professor Terri Helge presented "Tax Aspects of Transactions with Charitable Organizations" to the Tarrant County Probate Bar Association on March 5, 2009. Professor Helge was interviewed by a reporter on the tax implications of bartering transactions for an article describing the substantial increase in bartering transactions in light of the economic crisis. The article, "With the Economy Down, Bartering Explodes," was printed in the Fort Worth Star-Telegram on March 14, 2009, and reprinted in the Atlanta Journal-Constitution on March 23, 2009. Professor Helge was also Interviewed by a reporter on the fiduciary duties of charity managers for an article exposing alleged misuse of charitable assets at a local charity. The article, "Mission in Peril," was printed in the Hood County News on Feb. 7, 2009.
Professor Keith Hirokawa was notified that his update of a recent case development, "Washington Energy Facilities Siting Procedures Preempt GMA," was published in Volume 31, Number 1 (Feb. 2009), of the Oregon Real Estate and Land Use Digest, a publication of the Oregon Bar Association.
Professor Huyen Pham was asked by the Stanford Law Review to be a peer reviewer for an immigration law article being considered for publication.
Professor Carla Pratt served as a commentator on "The American Indian’s Truth," as part of the Jay Winter Nightwolf Radio Program, WPFW 89.3, Washington, D.C. on March 13, 2009. During that commentary, Professor Pratt discussed the factual background and legal theories for the Cherokee lawsuit filed against Cherokee Freedmen in Federal District Court in the Northern District of Oklahoma. Professor Pratt also presented a Work In Progress entitled, "Lawyering at the Intersection of Race, Class and Culture," at the Southeast/Southwest People of Color Conference, held in Phoenix, Arizona, March 28, 2009.
Professor Aric Short will be presenting, "A Free Exercise Critique of Local Homeless Feeding Restrictions" at the 2009 Law and Society Association Annual Meeting to be held in Denver, Colorado on May 31, 2009.
Professor Frank Snyder was interviewed and quoted several times in the month of March regarding the awarding of bonuses by AIG. His assessment of that issue can be found as follows: At Slate, Christopher Beam, "Unjustly Enriched, Can Obama Take Back the AIG Bonuses, March 17, 2009; San Francisco Chronicle, Kathleen Pender, "Once paid, AIG Bonuses will be hard to recover, March 17, 2009. Also, Professor Snyder was asked to contribute to the discussion on the New York Times Room For Debate Blog, "When Contract Bonuses Can Be Broken," on March 17, 2009 as part of his commentary, "There’s Little Chance of Getting the Money Back."
Dean Frederic White was quoted in a Fort Worth Star-Telegram article, "Measure aims to establish University of North Texas law school in Dallas," published on March 27, 2009. Dean White also published an article entitled, "A Uniform Bar Examination: An Idea Whose Time Has Come," in the February 2009 issue of "The Bar Examiner" magazine.
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Late January/February
Professor Susan Ayres presented "Mothers in Denial" with Dr. Prema Manjunath on February 27, 2009 at JPS Health Network in For Worth, Texas. They discussed this topic during Psychiatric Grand Rounds which involves a formal presentation of a clinical issue to hospital staff.
Professor Wayne Barnes’ article, "Toward a Fairer Model of Consumer Assent to Standard Form Contracts: In Defense of Restatement Subsection 211(3)," 82 Wash. L. Rev. 227 (2007), was cited in Linda J. Rusch and Stephen L. Sepinuck, Sales and Leases: A Problem-Solving Approach (West 2009), at p. 77 n.35.
Professor Megan Carpenter has received an offer from the Trademark Reporter to publish her paper on the topic of Trademarks as Human Rights which she presented at the International Trademark Association in Boca Raton, Florida in November 2008. The Trademark Reporter is the law journal (law review) of the International Trademark Association, and is published to the Association’s 6000 members in 190 countries, which members include the world’s leading corporations. The Editors of The Trademark Reporter are all practicing trademark lawyers.
Professor Frank Elliott moderated a panel of speakers on ethical problems in alternative dispute resolution at the Texas Wesleyan Law Review symposium, "Alternative Dispute Resolution: Exploring the new standard of diligent settlement advocacy facing today’s litigators." This symposium was held on Friday, February 13, 2009 at the law school’s Bernie Schuchmann Conference Center This symposium was held on Friday, February 13, 2009 at the law school’s Bernie Schuchmann Conference Center and included the participation of Professor Michael Green and Adjunct Professor Kay Elliott. On February 11, 2009, Professor Elliott also spoke to the Lion’s Club in Graham, Texas on Abraham Lincoln as a Lawyer.
Professor Cynthia Fountaine presented "The Legal Civil Rights Movement" and participated on a panel entitled "They Had A Dream Too" discussing the role of young people in the Civil Rights Movement of the 1950s and 1960s, which was sponsored by Texas Young Lawyers Association for high school juniors and seniors. This program was held at Texas Wesleyan School of Law on February 19, 2009. Professor Fountaine’s article, "Stepping In: The Unique Challenges Faced By Interim Law Deans," will be published in Volume 40 of the Toledo Law Review as part of its annual Leadership in Legal Education Issue.
Professor Jason Gillmer was asked to be a co-editor for The Texas Legal Studies Series, a new book series focusing on the rich legal heritage of Texas. The series is sponsored by the Texas Supreme Court Historical Society in partnership with the University of Texas Press. Professor Gillmer also presented his paper, "Shades of Gray: The Life and Times of a Free Family of Color in Antebellum Texas," to the faculty at the University of South Carolina Law School on February 20, 2009.
Professor Michael Green presented "Why Advocates Should Not Expect Strict Adherence to the Rules of Evidence in Labor and Employment Arbitration," at the Texas Wesleyan Law Review symposium, "Alternative Dispute Resolution: Exploring the new standard of diligent settlement advocacy facing today’s litigators." This symposium was held on Friday, February 13, 2009 at the law school’s Bernie Schuchmann Conference Center and also included the participation of Professor Frank Elliott and Adjunct Professor Kay Elliott. Professor Green also served as a panelist on an ethics discussion held at this Texas Wesleyan Law Review symposium which was moderated by Professor Frank Elliott. On February 7, 2009, Professor Green participated in a conference held at Hastings Law School in San Francisco, California that was sponsored by the Labor Law Group, a group of law scholars who produce casebooks in the labor and employment field. During this conference, members of the American Law Institute (ALI) heard critiques from members of the Labor Law Group about the ALI’s draft Restatement of Employment Law and all involved continued the discussion regarding this ongoing debate. Professor Green was also interviewed by journalist, Stacey Closser, for two articles published in the Dallas Business Journal on February 20, 2009 entitled, "Labor bills are likely to advance" and proposed "Legislation that could change employment law." Professor Green’s comments were offered as part of an inquiry made to "eight labor experts" regarding pending labor and employment law legislation to be addressed at the beginning of President Obama’s new administration.
Professor Terri Helge was selected to present on a panel at the upcoming American Counsel of Trust and Estate Counsel (ACTEC) Symposium on Philanthropy in the 21st Century which will be held on October 23, 2009 at Chicago Kent College of Law. Professor Helge will be speaking on a Tax panel at this Symposium. She will discuss cause-related marketing activities of charitable organizations and analyze whether existing federal income tax rules applicable to such activities adequately capture what we accept as valid charitable activities. More specifically, Professor Helge’s analysis of the application of the unrelated business income tax regime and the prohibition on private benefit to cause-related marketing activities reveals that modifications to existing Internal Revenue Service guidance should be made based on social, economic, and tax theory. As a condition of participating in this Symposium, Professor Helge has also agreed to have her paper published in the Chicago Kent Law Review’s Symposium Issue.
Professor Keith Hirokawa was notified that his paper, "At Home With Nature: Early Reflections on Green Building Laws and the Transformation of the Built Environment," will be published as the lead article in the 2009 Issue 3 of Environmental Law, the United States' oldest law review dedicated solely to environmental issues.
Professor James McGrath will be presenting on transgendered and intersexual persons’ experience in prison and exploring the historical underpinnings of the segregation of people in institutions based on their sex at the Law and Society Annual Meeting to be held in Denver, Colorado on May 28-31, 2009.
Professor Neal Newman spoke at the University of Memphis Law School Spring Symposium on the Department of Treasury’s "Blueprint for a Modern Financial Regulatory Structure" held on Friday, February 20, 2009. Professor Newman’s paper, "The U.S. Move to International Accounting Standards – A Matter of Cultural Discord," explores the aspects of recent efforts to establish a global accounting standard for financial reporting and what the implications will be for American corporations. This paper will be published in a symposium edition of the Memphis Law Review. Professor Newman also presented this same topic to the faculty at Stetson Law School on February 9, 2009.
Professor Huyen Pham presented her paper, "When Immigration Borders Move," to the faculty at Stetson Law School on February 27, 2009. Professor Pham was interviewed by a journalist, Lydia Lum, on February 23, 2009 regarding an article for the Diverse Issues in Higher Education Magazine. The subject matter of the article will address the relatively low number of Asian American law faculty members when compared to other academic disciplines at United States colleges.
Professor Carla Pratt served as the keynote speaker for the Homer S. Brown Law Association's 10th Annual Rev. Dr. Martin Luther King, Jr. Program on January 19, 2009. The Homer S. Brown Law Association is an affiliate of the National Bar Association located in Pittsburgh, Pennsylvania. Professor Pratt also presented her essay, "Keeping It Real: Lessons from the Hip Hop Generation of Black Lawyers," at West Virginia University School of Law's symposium entitled, "The Evolution of Street Knowledge: Hip Hop's Influence on Law and Culture." Professor Pratt's essay entitled, "Way to Represent: The Role of Black Lawyers in Contemporary American Democracy," was published in Volume 77 of the Fordham Law Review.
Professor Vickie Rainwater was notified on February 27, 2009 that she has been selected as the recipient of the 2009 Fort Worth-Tarrant County Young Lawyers Association (FW-TCYLA) "Outstanding Mentor Award." It is the FW-TCYLA's most prestigious award and recognizes the individual who has: 1) served as a role model to young lawyers in his or her community; 2) fosters the development of young lawyers; and 3) significantly contributes to the profession and/or the community. In addition to this award, Professor Rainwater will be nominated for the state-wide Outstanding Mentor award given by the Texas Young Lawyers Association, the parent organization of the FW-TCYLA.
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