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Recent Publications and Presentations

Spring 2012

KU Law faculty reported the following scholarship and service activities for the period of Oct. 15, 2011 - March 15, 2012.

Raj Bhala gave six lectures over seven days in two countries: India and the United Arab Emirates. In New Delhi, India, he gave presentations at the Inter-Pacific Bar Association annual meeting on “Free Trade Agreements in Asia – What Works and What Does Not?” and on “Islamic Financial International Trade – Challenges and Issues.” The IPBA meeting attracted 900 lawyers, 700 of whom were from 60 countries outside India, making the event the largest gathering ever of foreign lawyers in India. Bhala serves as a vice chair for the IPBA International Trade Committee.

In the UAE, Bhala was the official guest of the Cultural and Media Center of His Highness Sheikh Sultan Bin Zayed Al Nahayan. Sheikh Sultan is the son of the founder of the UAE (Sheikh Zayed), and the brother of the UAE president (Sheikh Khalifa). At the Center in Abu Dhabi (capital of the UAE), Bhala spoke to a large audience of Emiraties and expatriates on “Recent Milestones in World Trade Cases and the Sino-American Trade Relationship.” After that, he spoke at the Abu Dhabi Council for Economic Development to senior economists and strategic planners on “Fighting Poverty and Terrorism through the Doha Round of World Trade Negotiations: Mission Not Accomplished.”

At the University of Sharjah, Bhala gave a public lecture to the entire faculty of law and students on “Recent Developments and Future Trends in International Trade Law.” Finally, at the UAE University, he spoke to the dean and faculty of law on “Six Questions to Analyze Free Trade Agreements,” and then met with the university vice provost for graduate studies and research.

Along with Richard Levy, Bhala was interviewed in a KCUR 89.3 FM story, “Midwest Muslims Work To Change Anti-Shariah Movement,” on Feb. 21.
Bhala’s article, co-authored with David Gantz, University of Arizona, “WTO Case Review 2010,” 28 Arizona Journal of International and Comparative Law (2011), appeared in six top 10 lists of most downloaded articles on the Social Science Research Network (SSRN).

He was quoted and featured in prominent international media publications:

• “Oklahoma Ruling Exposes Legal Issues with Sharia Law Bans,” International Business Times, Jan. 12.
• “Is There a Place for Islamic Law in Western Countries?” 6 CQ Global Researcher 1, Jan. 3.
• “Newt Gingrich’s Sharia Law Stance Raises Questions,” International Business Times, Dec. 16.

Bhala was appointed to the Editorial Advisory Board of Carolina Academic Press in January. His book chapter co-authored with David Jackson, “Toward Equal Human Dignity in U.S. Free Trade Agreements,” was published in “Imagining a Shared Future: Perspectives on Law, Conflict, and Economic Developments in the Middle East,” 223-251 (Koen Byttebier, Kim Van der Borght & Cailin C.E. Mackenzie, eds., Cameron May/CMP Publishing, London, England, 2011).

As a member of the Council on Foreign Relations, he led an interactive conference call, “Understanding Sharia: From Caliphate to Current Day,” Oct. 27.

He gave the following presentations:

• “Islamic Law (Shari’a): Six Themes and Illustrations Thereof,” to officers in the U.S. Special Operations Forces, Navy Seals, aviators, Air Force pilots, military intelligence, psychological operations, and civil affairs, Command and General Staff College, Fort Leavenworth, Jan. 12.
• “Understanding Islamic Law (Shari’a): Six Themes,” University of Kansas Faculty Discussion Club, October.
• “Understanding Islamic Law (Shari’a): Themes and Criminal Law,” Judge Advocate General Corps, Washburn University School of Law, Topeka, November.
• “Poverty, Islamist Extremism, and the Debacle of Doha Round Counter Terrorism,” annual University of Saint Thomas Law Journal Lecture, Minneapolis, Minn., November.
• “Understanding Islamic Law (Shari’a): How and What?” faculty colloquium, University of Saint Thomas, Minneapolis, Minn., November.
• “Religious Freedom and Apostasy in Islamic Law,” teleconference, United States International Religious Freedom Commission, Washington, D.C., November.
• “Running the Empire for the Common Good,” Woodyard Award presentation, University of Kansas Union, Lawrence, November.

His work on Islamic Law (Shari’a) was the subject of a two-part radio broadcast series on Islam and the Arab Spring for an Ottawa, Kan., radio station on Dec. 11.

Shelley Hickman Clark successfully represented Robert Gilmore at a municipal court trial, where a judge ruled that part of a sidewalk ordinance was unconstitutional. The case was mentioned in a Feb. 13 Lawrence Journal-World article, “City to appeal judge’s ruling that part of sidewalk ordinance unconstitutional.”

Martin Dickinson was named Best Lawyers’ 2012 Kansas City, Kan., Tax Law Lawyer of the Year. Only a single lawyer in each specialty in each community was honored as the “Lawyer of the Year.” Best Lawyers compiles its list of outstanding attorneys by conducting exhaustive peer-review surveys.

Representing the Kansas Judicial Council, Dickinson testified twice before the Kansas House Judiciary Committee regarding a bill related to marital property transfers, once in January and once in March. He also presented a paper to the Democratic Caucus of the Kansas House of Representatives regarding a tax reform bill on March 1.

The 24th edition of “Taxation of Estates, Gifts and Trusts,” which Dickinson co-authors, was published in November by West.

Chris Drahozal, along with his co-reporters, presented Council Draft No. 3 of the Restatement (Third) of the U.S. Law of International Commercial Arbitration to the Council of the American Law Institute on Jan. 27 in Philadelphia. The ALI Council approved the draft, which will go before the full ALI membership for approval in May.

He made the following presentations:

• “The Future of Arbitration and the World of Class Action Litigation,” Federalist Society teleforum, March 8.
• “Arbitration Innumeracy,” at “U.S. Arbitration Law in the Wake of AT&T Mobility v. Concepcion,” Penn State University Dickinson School of Law, Feb. 22.
• “Arbitration Clauses in Credit Card Agreements: An Empirical Study,” Vanderbilt Law School, Nashville, Tenn., Feb. 16. He was a guest speaker in an arbitration class at Vanderbilt the next day.
• “Contractual Alternatives to Litigation: Pre-Dispute Arbitration Clauses,” Annual Meeting of the American College of Business Court Judges, Fairfax, Va., Dec. 6.
• “Recognition and Enforcement of International Arbitral Awards,” at a “Teach-In” on International Arbitration, Ramallah, West Bank, Palestine, Dec. 7-8.
• Panel discussion, “Balancing Finality and Fairness in Arbitration: A State-Federal Contrast,” 6th annual Robert I. Weil Lecture, Los Angeles, Nov. 7.
• “Contract and Choice,” AALS Works-in-Progress Conference, Creighton University School of Law, Omaha, Neb., Nov. 4.
• “Primary Legal Materials: Access, Preservation, Authentication and Advocacy,” 2011 Joint Meeting of the Mid-America Association of Law Libraries and the Southwestern Association of Law Libraries, Lawrence, Nov. 3.

He published the following:

• “Why Arbitrate? Substantive Versus Procedural Theories of Private Judging,” 22 American Review of International Arbitration 163 (2011).
• “Judge-Arbitrators in Delaware,” Kluwer Arbitration Blog, Dec. 20.
• “In Memory of the Honorable Charles Clark,” 30 Mississippi College Law Review 389 (2012).

Drahozal gave a podcast on the Supreme Court’s recent decision in CompuCredit v. Greenwood for SCOTUScast by the Federalist Society on Jan. 20. He also participated in the National Roundtable on Consumer and Employment Dispute Resolution, Pepperdine University School of Law, Malibu, Calif., Feb. 2-4.

David Gottlieb spoke at the Kansas Bar Association Agricultural Law CLE on “Recent Developments in Professional Responsibility: Unauthorized Practice of Law” on Oct. 30 in Manhattan, Kan. He also spoke on “Refugee and Asylum Law” at the social justice class at Plymouth Congregational Church, Lawrence.

His opinion editorial, “Tighten Rules for the Supreme Court,” was published March 11 in the Kansas City Star. The Lawrence Journal-World mentioned Gottlieb’s work to free Joe Jones, the first individual in Kansas to be exonerated by DNA evidence, in the Oct. 29 article “For first Kansan exonerated through DNA, freedom remains elusive.”

John Head undertook a sabbatical-leave research project on international legal regimes for the protection of grasslands around the world. His research involved visits to Washington, D.C., and to national grassland areas in the United States.

In addition, he combined research and teaching in a two-week trip to Turkey. His project benefited from visits to grassland areas in central and northern Turkey, including visits with both academic and government officials in the region. He spent a week in Istanbul teaching a short course on international economic law to a group of about 24 Turkish students. His teaching stint was a contribution to a six-week program organized by Feridun Yenisey, KU Law’s main contact at Bahcesehir University in Istanbul. The program also featured courses taught by KU Law professors Jean Phillips and Stephen Mazza.

His article, “Feeling the Stones When Crossing the River: The Rule of Law in China,” 7 Santa Clara Journal of International Law (2010), was translated to Chinese and will be published in the Study of Comparative Law Journal. The translation is thanks to the work of Head’s S.J.D. student, Xing Lijuan, and a Ph.D. student at China University of Political Science and Law.
He recently completed the third edition of his book, “Global Business Law,” a text for use in law schools in the United States and overseas. It will be published by Carolina Academic Press.

Webb Hecker testified on the Revised Uniform Limited Liability Company Act before the Kansas House Judiciary Committee on Feb. 2. He was quoted on March 2 in a Thomson Reuters News & Insight article, “How Good a Case Do the Kochs Have in the Cato Flap?” which concerned the Koch brothers’ recent lawsuit against the Cato Institute.

Hecker is a member of the Kansas Bar Association’s Corporation, Banking, and Business Law Section Subcommittee to draft amendments to the Kansas Revised Limited Liability Company Act.

Virginia Harper Ho made the following presentations:

• “The Governance of Corporate Groups and the (Ir)relevance of Delaware,” faculty workshop, University of Arizona James E. Rogers School of Law, March 1; and junior faculty regional workshop, Washington University at St. Louis, Feb. 17.
• “Sustainable Growth and the Role of Law,” China Forum, University of Kansas, Jan. 22.
• “Corporate Citizenship and the State: Defining Corporate Social Responsibility in the PRC,” at “Tea Talk” Lecture Series, University of Kansas Center for East Asian Studies, Oct. 24.
• “Theories of Corporate Groups: Corporate Identity Reconceived,” junior faculty workshop, Michigan State University School of Law, Oct. 7.
• “Corporate Boards and Risk Oversight Disclosures,” 2011 Midwest Law and Economics Association Annual Meeting, Indiana University Maurer School of Law, Sept. 16-17.

Her paper “Governance Beyond Regulation, Corporate Social Responsibility and the Role of the State in Comparative Perspective” will be published by the China Journal of Public Administration this spring. And her article “Theories of Corporate Groups: Corporate Identity Reconceived” will be published by the Seton Hall Law Review later this year.

Mike Hoeflich published a book, “Justice on the Prairie” (Kansas City Star Books/Rockhill Press, 2011), and discussed it on Dec. 6 at an event at the National Archives in Kansas City. He also wrote the introduction for the recently published book, “The Trial of George Niven,” (NY: Law Book Exchange, 2011). He gave two luncheon addresses, “Legal Ethics and Web Presence” at the Heart of America Tax Institute in Kansas City and “Writing Court History” at the U.S. District Court for the Western District of Missouri on Dec. 2.

Richard Levy testified on Feb. 9 before the Kansas Senate Judiciary Committee concerning SB 320, providing for probable cause hearings for alleged juvenile defenders in pretrial detention.
Along with Raj Bhala, he was interviewed in a KCUR 89.3 FM story, “Midwest Muslims Work to Change Anti-Shariah Movement,” on Feb. 21. On Jan. 31, he presented “The Three Faces of Ends-Means Scrutiny” at a KU Law research workshop.

Stephen Mazza gave a CLE lecture, “Interaction Between Ethical Obligations and Tax Penalty Provisions,” at the Kansas Bar Association Tax Section CLE on Nov. 18 in Salina.
He published an article with Tracy A. Kaye, “Tax Evasion and Tax Avoidance in the United States,” 73 Confédération Fiscale Européenne Forum Reports on European Taxation (Servaas van Thiel, ed., 2011).

Mazza visited alumni in a variety of locations, including San Francisco in March, Phoenix in February and St. Louis in October. He hosted a KU Law reception at SNR Denton in Washington, D.C., in October and attended the Association of American Law Schools annual meeting in D.C. in January. He also had lunch with Kansas Supreme Court members on Jan. 27.

He presented, “Building Communities, Expanding Opportunities,” campuswide summit, University of Kansas, Jan. 20.

Steve McAllister was appointed adviser to the American Law Institute’s new project “Principles of Election Law: Resolution of Election Disputes,” in February.

He was selected by graduating law students as a student marshal for the May 2012 commencement ceremony, and he published the following articles:

• “Justice Byron White and The Brethren,” 15 The Green Bag 2D 173 (2012).
• “Standing Up for Mrs. Bond,” 15 The Green Bag 2D 3 (2011).

Two of his articles made top 10 download lists on SSRN: “Individual Rights Under a System of Dual Sovereignty: The Right to Keep and Bear Arms,” 59 Kansas Law Review 867 (2011), and “The Supreme Court’s (Disparate?) Treatment of Sovereigns as Amicus Curiae,” 13 The Green Bag 2D 289 (2010). He also gave the following presentations

• “Supreme Court Update: Pending Decisions,” with KU Law alumnus Toby Crouse, for federal law judicial clerks in the District of Kansas, Kansas City, Kan., Nov. 17 and Dec. 20.
• “The Bill of Rights and Expression,” scholar lecture for the Bill of Rights Institute Program for Kansas high school teachers, in Wichita on Oct. 25 and Kansas City, Kan., on Oct. 20.

Lou Mulligan published the annual update to the fourth edition of “Kansas Law and Practice: Kansas Code of Civil Procedure Annotated” (Thomson-West, 2012), with the late Spencer A. Gard and Robert Casad. He also published the 2011-2012 Kansas Civil Jury Instruction Companion Handbook (Thomson-West 2011) with Robert Casad. Other publications included:

• “The Supreme Court’s Regulation of Civil Procedure: The Lessons of Administrative Law,” 59 UCLA Law Review, May 2012.
• “Standards of Review and Reversibility,” Kansas Bar Association Young Lawyers Forum 2, Winter 2012.
• “Jurisdiction by Cross-Reference,” 88 Washington University Law Review 1177 (2011).

He coauthored a U.S. Supreme Court amicus brief, Minneci v. Pollard, No. 10-1104 (U.S. 2012) in Fall 2011. He also edited the March 2012 Kansas Bar Association Appellate Section newsletter. Mulligan was a commentator at the Junior Faculty Federal Courts Workshop in February at Florida International University College of Law, Miami.

He was especially active in the KU Law community. He served as director of the Shook, Hardy & Bacon Center for Excellence in Advocacy, and on committees for faculty hiring, law school website redesign, judicial clerkship, admissions director hiring, and Rice Scholars recruitment. He also served as the Rice Scholars Speakers faculty sponsor, Public Interest Law Society faculty sponsor, Native American Law Students Association Moot Court team coach, faculty mentor for the University Scholars Program, and pre-law adviser for the University Honors Program.

Over the past year, Mulligan has been a member of the Kansas Court of Appeals Mediation Study Committee, a member of the U.S. 10th Circuit Court of Appeals C.J.A. Attorney Panel, and an executive committee member of the Kansas Bar Association Appellate Section.

Uma Outka gave these presentations:

• “Renewable Energy Goals and Local Impacts,” inaugural symposium for Journal of Environmental and Sustainable Law, University of Missouri School of Law, Columbia, Mo, March 9, 2012. An essay will be published in the journal in Fall 2012.
• “Environmental Law and Fossil Fuels: Barriers to Renewable Energy,” Vanderbilt Law Review 2012 Symposium on “Supply and Demand: Barriers to a New Energy Future,” Vanderbilt Law School, Nashville, Tenn., Feb. 24, 2012. The paper will be published in the Vanderbilt Law Review in Fall 2012.
• “Energy Sprawl,” guest lecture to land use planning students in the M.A., Ph.D., and joint-degree law programs at the Yale School of Forestry and Environmental Studies, New Haven, Conn., Oct. 25, 2011.

Outka also served as faculty sponsor for the new Environmental Law Society.

Joyce McCray Pearson served on the Association of American Law Schools (AALS) Committee on Law Libraries and Technology. She also served on a subcommittee of the committee tasked to do critical research and review and update a bibliography for the AALS Committee on Recruitment and Retention of Minority Law Teachers and Students. Pearson co-authored a bibliography for the committee which included resources for aspiring law teachers, background on the hiring process, resources for law school faculty hiring committees, best practices for law faculty hiring, and materials on recent law teaching scholarship. She was recognized for her work at the January 2012 AALS conference in Washington, D.C.

In November, she gave a presentation, “Tips, Quips, Working Out and Acting – In the Library,” at the MAALL/SWALL joint meeting, a regional conference hosted by the KU Wheat Law Library. The program was an interactive discussion about ways to keep fresh and engaged in your job duties.

John Peck published an article, “Water Use and Reuse: The New Hydrologic Cycle,” (Stein, Brockmann, Covell & Peck), 57 Rocky Mountain Mineral Law Institute 29-1 (2011).
He also gave a CLE presentation, “Water Law: Some Basics and Recent Developments,” at the annual Slam Dunk CLE sponsored by the Kansas Bar Association on Feb. 13 in Manhattan, Kan.

Elinor Schroeder spent the spring semester teaching in London as part of the London Law Consortium, a group of seven U.S. law schools that sponsors a study abroad program in the city each spring. She presented “Everything a Mediator Should Know About Employment Law” at the KBA’s Alternative Dispute Resolution CLE on Nov. 18 in Lenexa.

Betsy Six published “The Act of Subtle Persuasion” in the February 2012 edition of the Journal of the Kansas Bar Association.

Christopher Steadham made two presentations at the 2011 Joint Meeting of the Mid-America Association of Law Libraries (MAALL) and Southwestern Association of Law Libraries (SWALL) in Lawrence:

• “Primary Legal Materials: Access, Preservation, Authentication, and Advocacy,” Nov. 3, 2011.
• “Tips, Quips, Working Out and Acting – In the Library,” co-presenter, Nov. 4, 2011.

Andrew Torrance was appointed a Gruter Institute Research Fellow in November, joining a multidisciplinary network of 36 distinguished scholars from the United States and abroad to pursue research and teaching.

He was a visiting professor at the University of Washington School of Law during the Fall 2011 semester and a visiting scientist at the Massachusetts Institute of Technology Sloan School of Management during the Spring 2012 semester.

He published the following articles:

• “DNA Copyright,” 46 Valparaiso Law Review (2012).
• “Property Rules, Liability Rules and Innovation – One Experimental View of the Cathedral,” 14 Yale Journal of Law and Technology (2012), with Bill Tomlinson.
• “Family Law and the Genomic Revolution,” 79 University of Missouri-Kansas City Law Review 2 (Winter 2011).
  n Update to “Spinning the Green Web: Transnational Environmentalism,” Global Activism Reader (Luc Reydams, ed.), The Continuum International Publishing Group (2012), with Wendy Torrance.

He gave the following presentations:

• “Rejection and the 99%,” The Future of Intellectual Property Law Conference, University of Georgia School of Law, Athens, Ga., March.
  “Variation in Grounds of Rejection by Patent Office Art Units,” Works-In-Progress Intellectual Property (WIPIP) Colloquium, Houston Law Center, Houston, February.
• “Synthetic Biology Ownership,” Sharing & Innovation Symposium (SynBIOSIS), Stanford University, Palo Alto, Calif., January.
• “User and Collaborative Innovation – Where is the FDA Regulatory Border?” MIT Sloan School of Management, Cambridge, Mass., November.
• “Open and Closed Innovation – Experimental Evidence to Support Open Science and Innovation,” Open Science Summit 2011, Computer History Museum, Mountain View, Calif., October.
• “Property Rules, Liability Rules, and Innovation – One Experimental View of the Cathedral,” Faculty presentation, Emory Law School, Atlanta, October.

He was an invited panel moderator for “Using Social Media for Customer Co-Creation,” 2011 World Conference on “Mass Customization, Personalization and Co-Creation (MCPC 2011): Bridging Mass Customization & Open Innovation,” San Francisco, November.

He also participated in the Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, New York City, November. Torrance hosted and presented at the 5th annual Biolaw Conference in October at KU Law. In March, he was quoted in the Los Angeles Daily Journal and San Francisco Daily Journal, “Supreme Court rejects patents for diagnostic medical tests.” And he gave two invited guest lectures at the MIT Sloan School of Management this spring.

Suzanne Valdez published “What Every Lawyer Should Know About Crime Victims’ Rights in Kansas,” 80 Kansas Bar Association Journal 22, December 2011. She also served as the moderator for a Federalist Society guest speaker, Dr. Christina Hoff Sommers, on Oct. 18.

Steve Ware gave presentations on financial regulation to the Federalist Society chapters of the University of Arkansas-Little Rock and University of Arkansas-Fayetteville on Feb. 6-7. He spoke on foreclosure and bankruptcy at the Duke University School of Law on Jan. 11 with University of North Carolina law professor Melissa Jacoby. He also spoke on judicial selection at the Indianapolis Federalist Society on Jan. 10, and – with former Duke Law Dean Paul Carrington – at the Elon University School of Law on Jan. 11 in Greensboro, N.C.

Ware participated in a panel discussion on judicial elections at George Washington University on Nov. 8, and spoke on U.S. debtor-creditor law on Nov. 5 at the University of Limerick, Ireland. Ware published an opinion editorial, “Switch to democratic politics to choose judges,” on Jan. 23 in the Indianapolis Star.

In January, the U.S. Supreme Court cited Ware’s scholarship in a decision reaffirming the enforceability of agreements to arbitrate disputes, rather than take them to court. His article, “Arbitration and Unconscionability after Doctor’s Associates Inc. v. Casarotto,” was referenced by Justice Antonin Scalia’s opinion for the Supreme Court’s majority in the case of CompuCredit Corp. v. Greenwood.

Melanie Wilson and co-author Paul Marcus, professor at William & Mary School of Law, published “Criminal Procedure,” part of Gilbert’s Law Summaries (Thomson/West 2011).

Wilson was featured in a United States Courts podcast, “Mapp v. Ohio,” discussing the Fourth Amendment case from 1961 as part of the United States Courts project. She also appeared in a William & Mary School of Law Institute of Bill of Rights Law video in a student panel on the Supreme Court case United States v. Jones on Sept. 13. Wilson served as a visiting professor at William & Mary during the fall semester.