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Recent Publications and Presentations


Spring 2009

Gail Agrawal served as co-chair, with Dean Kent Syverud of the Washington University School of Law, of the annual law deans' meeting, held this year in Phoenix in conjunction with the Council of Chief Justices.

She also accepted an invitation to serve on an Academic Leadership Council under the auspices of the Institute for Arts and Humanities at the University of North Carolina at Chapel Hill. 

Raj Bhala presented a draft of a new article, “Resurrecting the Doha Round: Devilish Details, Grand Themes, and China Too,” to the University of Kansas Faculty Discussion Club in February. He delivered a presentation on “Best Practices in Multilateral and Regional Trade Agreements” in October at the Annual Meeting of the International Bar Association (IBA) in Buenos Aires, Argentina. This presentation was for the Trade and Customs Law Division of the IBA’s Antitrust and Trade Law Section, and was part of a panel titled “In Search of the Best – Trade and Customs Practices by Government, Business, and Private Sector Advisors.” The presentation proposed that the “best practices” are ones that follow the Golden Rule.

Bhala published “Virtues, the Chinese Yuan, and the American Trade Empire,” 38 Hong Kong Law Journal, Part 1, 183-253 (May 2008) and “WTO Case Review 2007,” 25 Arizona Journal of International and Comparative Law, 75-155 (2008) (co-authored with Professor David Gantz of the University of Arizona).

In the area of the Shari’a (Islamic Law), Bhala completed chapters for a new textbook to be published by LexisNexis called “Understanding Islamic Law.” The chapters include Property Law and Business Associations.

Along with Professor Steve McAllister, Bhala wrote an amicus curiae brief in the U.S. Supreme Court case of United States v. Eurodif S.A., Nos. 07-1059 and 07-1078, September 2008. The case involved a French company alleged to have dumped enriched uranium in the United States market. The amicus brief focused on whether the antidumping (AD) rules of the World Trade Organization (WTO) and United States apply to services, as distinct from goods. The brief argued they do not, a point with which the Court did not take issue. Justice Souter wrote for the Court, in a 9-0 decision. (See 555 U.S. ____ (2009).) The Court held that the Department of Commerce (DOC) reasonably treated the enriched uranium at issue as a “good” subject to AD law, rather than a service exempt under that law. As the Court focused on the Chevron standard of administrative review (deferring to the DOC’s interpretation), it found no need to reach the issue addressed by the brief.

Working with Mindie Paget, director of communications and marketing, and assisted by several current and former KU Law students, including David Jackson, Devin Sykes and Ahmed Alyousef, and also with Dean Gail Agrawal, Associate Dean Stephen Mazza and Professor John Head, Bhala helped create the first KU School of Law multilingual brochure. The brochure – printed in Arabic, Chinese, English and Spanish – chronicles the International and Comparative Law Program at KU. It appears to be the first such multilingual brochure published by an American law school.

Mike Davis chaired the American Bar Association site visit at the Ave Maria School of Law in Ann Arbor, Mich. He later wrote three sections for and edited the entire site evaluation report that was submitted to the Consultant on Legal Education’s office in early January. Also in January, Davis was re-elected as chair of the Douglas County Community Foundation for the ninth consecutive year. 

Martin Dickinson published “Kansas Estate Tax 2007 through 2009,” a chapter in the book “Probate and Trust Administration after Death” (7th ed., Kansas Bar Association, 2009).

Christopher Drahozal was elected to membership in the American Law Institute.

He continued work on the “Restatement (Third) of the U.S. Law on International Commercial Arbitration” as a co-associate reporter. He and his collaborators prepared preliminary draft No. 1 of the “Restatement,” which deals with enforcement of international arbitral awards.

As chair of the Arbitration Task Force at Northwestern University School of Law’s Searle Civil Justice Institute, Drahozal continues work on an empirical research project on consumer arbitrations administered by the American Arbitration Association. He did a presentation on the research before the Searle Board of Overseers on Oct. 16, 2008, at a meeting of the board at Northwestern.

Drahozal attended a retreat and planning meeting for the Academic Council of the Institute for Transnational Arbitration on Jan. 30 at the University of California-Berkeley.

He also made the following presentations:

  • “Is There a Flight from Arbitration?” (based on a paper co-authored with Quentin Wittrock) at a research symposium on “Empirical Studies of Civil Liability,” Northwestern University School of Law, Chicago, Oct. 9, 2008.
  • “Arbitration and Litigation as Competitors in the Pre-Dispute Market for Binding Dispute Resolution” (based on a paper co-authored with Stephen Ware) at the Annual Meeting of the Midwestern Law & Economics Association, Northwestern University School of Law, Oct. 4, 2008; and (under the title “Why Do Businesses Use (and Not Use) Arbitration Clauses?”) at St. Louis University School of Law on Feb. 11.
  • “Business Courts and the Future of Arbitration,” at a symposium on “Whither Arbitration?” at Cardozo Law School, New York, on Nov. 6, 2008 (paper being published in the Cardozo Journal on Conflict Resolution).
  • “The Controversy over Consumer and Employment Arbitration” at the 2008 States & Nation Policy Summit of the American Legislative Exchange Council, in Washington, D.C., on Dec. 6, 2008.

Jelani Jefferson Exum authored, “The Essence of the Rules: A Comparison of Turkish and U.S. Criminal Procedure,” which served as the introduction to “Turkish Criminal Procedure Code” (Beta, Istanbul 2009), by Feridun Yenisey. Exum also served as co-editor of the book.

Her article “The More Things Change: A Psychological Case Against Allowing the Federal Sentencing Guidelines to Stay the Same in Light of Gall, Kimbrough, and New Understandings of Reasonableness Review,” was published in the Catholic University Law Review (Fall 2008), Vol. 58, No. 1.

Exum presented “Substantively Wrong: The Error of Using the Guidelines as a Starting Point in an Abuse of Discretion Review of Federal Sentences,” at the Central States Law Schools Association Annual Conference, Oct. 25, 2008. While there, she was elected secretary of the Central States Law Schools Association for the 2008-2009 term.

Rob Glicksman published Chapter 8, “Federal Preemption by Inaction,” in “Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question” (W. Buzbee ed., 2009). He also issued the third release to the 2d edition of “Public Natural Resources Law” (2007) (co-authored with George Coggins).

With various co-authors, Glicksman published “Protecting Public Health and the Environment by the Stroke of a Presidential Pen: Seven Executive Orders for the President’s First 100 Days,” Center for Progressive Reform White Paper (Nov. 11, 2008). He wrote “Revitalizing Cooperative Federalism by Limiting Federal Preemption of State Law,” a blog entry on the Center for Progressive Reform Web site (posted Nov. 13, 2008).

Glicksman published “The Comprehensive Environmental Response, Compensation, and Liability Act” and “The National Environmental Policy Act” (with Daniel Mandelker), two interpretive essays in the Encyclopedia of the Supreme Court of the United States (2008).

He made the following presentations:

  • “Global Climate Change: Its Causes and Effects (Near and Wide) on Our Environmental and Energy Future,” Lawrence Sustainability Advisory Board’s Lawrence Home Energy Conservation Fair, Lawrence, KS (Oct. 18, 2008).
  • “Access and Remedies: Summers and the Supreme Court’s 2008-2009 Environmental Term,” presenter and panel member at meeting of the Center for Progressive Reform, San Diego, Calif. (Jan. 6, 2009).
  • “Access to Courts: Remedial Preemption and Collective Action,” presentation at Case Western Reserve University School of Law, Law Review Symposium on “Access to the Courts in the Roberts Era,” Cleveland, Ohio (Jan. 30, 2009).
  • “Preserving Environmental Principal and Ecological Integrity: A Natural Resource Trust for the Multiple Use Lands,” presentation to the faculty at the George Washington University Law School, Washington, D.C. (Feb. 5, 2009).

Glicksman was interviewed on KPSI radio in Palm Springs, Calif., on Nov. 21, 2008, about the legal issues surrounding the adoption by the Bush administration of “midnight regulations” and the Obama administration’s ability to reverse them. An article appeared in the University Daily Kansan in which Glicksman was interviewed concerning recommendations he made with other law professors to President Obama concerning executive orders he could issue to improve environmental and public health protection.

David Gottlieb gave a presentation on the law school’s Family Health Care Legal Services Clinic to the family practice residents at the KU Med Center on Jan. 30. In December, he received a grant to hire an immigration attorney for the clinic, which started providing refugee and asylum services in February. 

John Head published two new books in the latter part of 2008 and early 2009. The first is "China's Legal Soul: The Modern Chinese Legal Identity in Historical Context" (Carolina Academic Press, 2009), which he wrote largely in the spring of 2008 while visiting at the University of Hong Kong as the Paul Hastings Visiting Professor in International Financial Law. The book compares contemporary Chinese law with dynastic Chinese law in order to examine the rule of law in China and to search for a modern correlative to Imperial Confucianism as the "soul" of Chinese law. Head's second new book is "The Asian Development Bank," appearing as a revised edition in the International Encyclopaedia of Laws series on Intergovernmental Organizations (Kluwer Law International, 2008).

Head has also written an article that is scheduled for publication this spring or summer in the Santa Clara Journal of International Law, titled "Feeling the Stones When Crossing the River: The Rule of Law in China."

Head gave a talk to the faculty at the Wake Forest School of Law in mid-January on the topic of his new book, "China's Legal Soul," with special focus on the question of how, if at all, the rule of law operates in today's China. In mid-February, Head departed for Italy to hold the one-semester Trento Distinguished Chair in Law, a Fulbright award under which Head will teach courses at the University of Trento in the areas of international economic law and Chinese law.

Webb Hecker presented “Fiduciary Duties in Business Entities 2008” at the Kansas Bar Association’s Plaza Lights Institute in December 2008. He also testified in support of the Business Entities Transactions Act before the Kansas House and Senate Judiciary Committees in February.

Mike Kautsch co-presented a program Sept. 22 on the Kansas Open Meetings and Open Records acts for government officials in Ottawa and the surrounding area. The program was sponsored by the Ottawa Herald.

He participated as a panelist during a forum on “Social Networking and the Hiring Process” Sept. 25 on the Edwards Campus of the University of Kansas. The forum, sponsored by Validity Screening Solutions in Overland Park, was for human resources professionals with questions about the Internet and social networking sites during the recruitment and evaluation of prospective employees.  

Kautsch moderated a program Oct. 21, “Media Coverage of Presidential Election,” at Rockhurst University in Kansas City, Mo. The program featured Kansas City Star journalists and was presented by Rockhurst’s Helzberg School of Management’s Center for Leadership and Ethics and Sullivan Chair in Ethics.

He moderated a pre-election debate Oct. 26 between Nancy Boyda and her challenger, Lynn Jenkins, at the Dole Institute. The debate was sponsored by the Voter Education Coalition and The World Company and was videotaped for local cable television.

Kautsch was an invited participant in a national conference, “FYI, LOL or OMG? – Technology’s Impact on the Courts and Media,” Nov. 17-18, at the National Judicial College in Reno, Nev.

He wrote a section of a report titled “Recent Efforts to Enact State Shield Laws,” distributed in December 2008 by the Media Law Resource Center for its New Legal Developments Committee/Defense Counsel Section. The contribution, titled “Kansas,” appeared in Part II of the report, “Recently Introduced, But Not Passed, State Shield Laws.”  

Kautsch testified before committees of the Kansas Legislature on Feb. 11 and Feb. 13, first on House Bill No. 2204, proposing to make probable cause affidavits accessible to the press and public, and second on Senate Bill 211, proposing a testimonial privilege that would allow journalists to protect their confidential sources.

 Stacy Leeds served as a contributing author and on the board of editors for the two-volume Encyclopedia of American Indian Policy, Relations, and Law (Finkelman and Garrison ed. 2008)(CQ Press).

She was named a non-resident fellow at the W.E.B. Du Bois Institute for African and African-American Research, Harvard University, for the 2008-2009 academic year.

In December, Leeds was appointed as a judge on the Court of Appeals for Lower Sioux Indian Community in Minnesota. The term will run from January 2009 to January 2013.

Leeds made the following presentations:

  •  “Supporting Victims from an Indigenous Perspective,” keynote plenary address to the 2008 Office of Victims of Crime National Conference, sponsored by the U.S. Department of Justice, Palm Springs, Calif., Dec. 17, 2008.
  • “A Collaborative Future for Tribal Courts and Peacemaking,” keynote luncheon address to the 39th Annual National American Indian Court Judges’ Association and Gathering on Indigenous Peacemaking, Green Bay, Wis., Oct. 23, 2008.
  • “Tribal Courts and Due Process,” Fifth Annual Indigenous Law Conference: “Forty Years of the Indian Civil Rights Act: History, Tribal Law, and Modern Challenges,” Michigan State University School of Law, Oct. 11, 2008.

Leeds volunteered her usual spring course, "Fundamentals of Tribal Sovereignty," at Haskell Indian Nations University’s School of Business, and she organized the 13th Annual Tribal Law and Government Conference in February at KU Law. This year's theme was "Innovations in Tribal Governance."

Elizabeth Weeks Leonard made the following presentations:

  • Moderator, panel on “Health and Reparations,” Kansas Law Review Symposium: Law, Reparations, and Racial Disparities, University of Kansas School of Law, Oct. 31, 2008.
  • “The Effects of Federal Programs on Kansas: Medicare and Medicaid Reform,” 2008 State of the State Kansas Economic Policy Conference, “Insuring a Healthy Kansas,” Institute for Policy & Social Research, University of Kansas, Oct. 30, 2008.
  • “Where There’s a Wrong, There May Be No Remedy: FDA Preemption of Common Law Claims and Implications for ERISA,” Midwestern Law and Economics Association, Annual Meeting 2008, Northwestern University, Chicago, Oct. 3, 2008.
  • “Right to Experimental Treatment: FDA New Drug Approval, Constitutional Rights, and the Public’s Health,” University of Kansas Ethics Club, Lawrence Memorial Hospital, Lawrence, Kan., Dec. 4, 2008.

Leonard assisted two moot court teams in preparation for competitions. She took two second-year students to the Health Law Moot Court Competition, Southern Illinois University, Carbondale, Ill., Nov. 7-8, 2008. She also took five first- and second-year students to the Philip C. Jessup International Moot Court Competition, Southwest Super Regional, University of Houston Law Center, Houston, Feb. 12-15.

She has begun working with Professor David Gottlieb on the Family Health Care Legal Services Clinic and will co-direct and teach the classroom component next year.

On June 21, 2008, Leonard married Thom Leonard in Lawrence.

Richard Levy published “The Tie That Binds: Some Thoughts about the Rule of Law, Law and Economics, Collective Action Theory, Reciprocity, and Heisenberg’s Uncertainty Principle,” 56 University of Kansas Law Review 901 (2008); “Access to Court and Preemption of State Remedies in Collective Action Perspective,” forthcoming 2009, Case Western Law Review, with Rob Glicksman (invited symposium contribution); and the introduction to “English-Only Laws,” forthcoming 2009, Kansas Law Review (invited).

He also made the following presentations:

  • “Administrative Law Reforms Proposed by the Kansas Judicial Council, Part 1: KAPA,” CLE presentation for the Kansas Bar Association Government Lawyers and Administrative Law Sections, Jan. 16, 2009.
  • “The Rule of Law and Human Rights in the ‘War on Terrorism,’” University of Kansas School of Law Human Rights Symposium, Feb. 6, 2009.
  • “Constitutional Issues Surrounding Jury Trials in Juvenile Offender Cases,” testimony before the Committee on Corrections and Juvenile Justice, Kansas House of Representatives, Feb. 11, 2009.
  • Co-authored paper presented by Rob Glicksman on “Access to Court and Preemption of State Remedies in Collective Action Perspective,” Case Western Law School, Jan. 30, 2009.

Stephen Mazza, along with his co-author Leandra Lederman of the Maurer School of Law at Indiana University, published the third edition of his casebook, “Tax Controversies: Practice and Procedure.” The book is the leading casebook in the field and is used at J.D. and LL.M. programs across the country, including New York University, Minnesota and San Diego.

Steve McAllister served as chair of the American Bar Association Site Evaluation Team for the George Washington University School of Law, Washington, D.C. (Oct. 26 - 29, 2008).

As Solicitor General of Kansas, he assisted Attorney General Steve Six with his oral argument before the U.S. Supreme Court on Dec. 1, 2008, in the case of Kansas v. Colorado. Also in that role, McAllister presented the oral argument on behalf of Kansas at the U.S. Supreme Court on Jan. 21 in the case of Kansas v. Ventris.

Sandra Craig McKenzie spoke Dec. 4, 2008, to David Ekerdt’s Gerontology Pro Seminar about elder law. Ekerdt is director of the Gerontology Center at the University of Kansas.

Keith Meyer represented the KU School of Law this spring as a faculty member in the London semester study abroad program, which is organized each spring term by a consortium of law schools.

John Peck spoke Oct. 14, 2008, in Wichita at the annual meeting of the City Attorneys Association of Kansas on “Land Description Errors.” He presented “Background on Kansas Water Law, Water Districts, and Condemnation in Water and Water Rights” to the Kansas Legislature’s Special Committee on Eminent Domain in Water Rights on Nov. 18, 2008, in Topeka. On Jan. 12, he spoke in Topeka at the winter meeting of the Kansas Water Congress to provide an “Update on Eminent Domain.”

Elinor Schroeder spoke on “Hot Topics in Employment Law” at a conference titled “Emerging Strategies for Managing Business and Workplace Conflict,” sponsored by Associates in Dispute Resolution, in Kansas City, Mo.

In November, she presented a paper titled “Is Discrimination Law Helpful or Harmful to Older Americans at Work?” to a conference at the University of Nebraska. The conference was called “Aging and Disability: Perspectives in Law and Psychology” and was jointly sponsored by the University of Nebraska College of Law and its psychology department.

Andrew Torrance published “Physiological Steps Doctrine” (2009), Berkeley Technology Law Journal, Vol. 23, pages 1471-1505.

He spoke on “Patents and the Regress of Useful Arts” in February at the Washington University School of Law Junior Faculty Regional Workshop in Saint Louis, Mo.; at Stanford Law School before the BioLaw and Health Policy Society in Palo Alto, Calif.; and at the Intellectual Property Scholars Roundtable at Drake Law School in Des Moines, Iowa.

 Torrance spoke in January about “Intellectual Property and Entrepreneurship” at the Kauffman Global Scholars Program, Kauffman Foundation, Kansas City, Mo. He also introduced the panel “Two Halves of Biolaw” at the Association of American Law Schools (AALS) Annual Meeting in San Diego, Calif., where he and several colleagues successfully founded the new AALS section on biolaw.

Torrance presented “The Patent Game” as a lunchtime speaker in December for the Intellectual Property Group at Polsinelli Shughart in Kansas City, Mo., and made informal presentations that month at the National Endowment for Science, Technology and the Arts (London) and the Centre for Research in Innovation Management (Brighton, UK).

Torrance presented “Synthesizing Law for Synthetic Biology” at the Kansas Journal of Law & Public Policy Symposium, Biolaw 2.0: Law at the Frontiers of Biology, in November at the University of Kansas School of Law. Torrance co-organized and co-hosted the second annual biolaw conference, which included top national scholars presenting their research in the field. He was later featured with Princeton geneticist Lee Silver, the keynote speaker at the conference, in a Kansas Public Radio story about the emergence of biolaw as a field of study at the University of Kansas. Bryan Thompson, host of the weekly series "Kansas Health: A Prescription for Change," interviewed Torrance for the series.

In October, he presented “Patents and the Regress of Useful Arts” at the Midwest Law and Economics Association Annual Conference, Northwestern University School of Law, Chicago; the Works in Progress in Intellectual Property 2008 Conference at Tulane University School of Law in New Orleans; the University of Louisville School of Law; the University of Ottawa Faculty of Law as the Torys Lecture; and the Central States Law Schools Association at the University of Southern Illinois School of Law in Carbondale, Ill. He made the same presentation in September at the Midwest Law & Society Conference at the University of Wisconsin, Madison, and the University of Oregon School of Law in Eugene, Ore.

Torrance hosted Abraham Drassinower of the University of Toronto Faculty of Law as a faculty speaker in January at Green Hall. He was invited to serve on Barack Obama’s technology, media and telecommunications advisory committee as an intellectual property law policy adviser during the presidential campaign.

Torrance took his Biodiversity Law class to the U.S. and British Virgin Islands in January. The class, which Torrance thinks is one of the only biodiversity law courses offered in the world, considers the role of law in regulating, managing, utilizing and conserving the Earth’s rich biological diversity. This is the third year Torrance has taught the course at KU Law.

Suzanne Valdez served as administrator of KU Law’s first Deposition Skills Workshop, an upper-level intensive litigation course designed to provide students with practical exposure to taking and defending depositions. The intersession course took place Jan. 11-14.

She served on the American Bar Association’s Accreditation Site Inspection Team for Southern Illinois School of Law Nov. 16-19, 2008.

Valdez sits on the Kansas Judicial Council’s Family Law Advisory Committee, as well as a forms subcommittee that recently drafted divorce forms to be used by pro se litigants. 

Stephen Ware published “Farm Tractors in Kansas: How to Perfect a Security Interest,” 57 University of Kansas Law Review 409 (2009) (with Aaron K. Johnstun). He spoke on that topic at a continuing legal education program of the Wichita Bar Association on Oct. 31, 2008.

He published “Open up the Process of Picking Justices,” an op-ed, on Jan. 23 in the Wichita Eagle.

Ware spoke on commercial arbitration to the Los Angeles County Bar Association on Oct. 22, 2008. The New York Times quoted Ware on the topic of arbitration on Oct. 6, 2008, in an article titled “Companies Unlikely to Use Arbitration with Each Other."

He testified before the Kansas House of Representatives Judiciary Committee on Feb. 12 about the Kansas Supreme Court selection process. He also presented his research on judicial selection in Overland Park (Oct. 16, 2008), at St. Mary’s University in San Antonio, Texas (Dec. 5, 2008), in San Diego, Calif. (Jan. 9) and in Wichita (Jan. 10).

Ware’s work on judicial selection was featured Feb. 6 on 27 News, KSNT, Topeka, and on several radio stations across the state and in Kansas City, Mo.

Melanie Wilson entered into a contract with Matthew Bender to co-author the seventh edition of “Criminal Procedure” with Joseph G. Cook, distinguished professor of law at the University of Tennessee College of Law, and Paul Marcus, Haynes Professor of Law at the College of William and Mary.

She presented a paper titled “Returning Reasonableness to the Fourth Amendment” at the 2008 Midwest Law and Society Retreat, held at the University of Wisconsin in September 2008, and presented the same paper at Central States Law Schools Association’s 2008 Conference, held at Southern Illinois University in October 2008. Wilson also presented a paper titled “Finding the Truth in Police Lies” on Dec. 5, 2008, at a Junior Faculty Workshop at Washington University School of Law.