May 2002

The University of Houston Law Center’s  Ator Award  Recipient for 2002 is the  National Innocence Project,  a non-profit organization based at the  Yeshiva University’s Law School.  The Award was accepted May 7th by  Project Co-Founder  Barry Scheck  at a ceremony held at the  Houston Center Club.   The  Ator Award,  which includes a $40,000 grant, is made every three years to a person or organization “who has had the greatest impact in bettering society in the state of Texas by encouraging or causing a change of law or in the administration of justice.”   Locally,  Professor  David R. Dow directs the Innocence Project  from the  University of Houston Law Center.

Professor  Sidney Buchanan  was honored as the  2002 Piper Professor  by the  Minnie Stevens Piper Foundation.  Professor Buchanan was awarded the stipend and a pin by  University of Houston  Chancellor Arthur Smith  &  Provost Edward Sheridan.

Professor  Thomas Oldham  has been approved for candidacy on the Fulbright Senior Specialists Roster.  The Roster is a list of all approved candidates who are eligible to be matched with incoming program requests from overseas academic institutions for Fulbright Senior Specialists.

Professor Seth Chandler  assumed the office of  Associate Dean for Academic Affairs  on May 13th, and a reception was held May 8th recognizing inter alia Dean Chandler and out-going Dean Thompson, who will resume regular teaching and research responsibilities, as well as assignments for the  American Law Institute.

The University of Houston Law Center’s  Health Law & Policy Institute  won highest recognition for its website,  “Healthcare Guide to the Internet” ( ), credits to Professors Mary Anne Bobinski (Institute Director), Associate Dean Seth Chandler, Ms. Phyllis Griffin Epps, Ms. Melanie Margolis, Mr. Ronald Scott, Ms. Shelby Shanks, Ms. Ruth Shauberger, and Mr. Joseph Wang.

Summer hiatus for  Faculty Focus:           Although contributions for  Faculty Focus  will be solicited monthly during the summer (while new events and publications are fresh in mind), there will be no issues until next September.


Honorable Mention: The  Honorable Professor  David R. Dow  was quoted April 22nd in the  Texas Lawyer  regarding the  Texas Court of Criminal Appeals’  denial of Napoleon Beazley’s second Habeas Corpus review.   Also on April 22nd, the  Honorable Professor  Robert Schuwerk  was quoted in the  Texas Lawyer  regarding the Texas State Bar’s proposed “no sex with clients” rule.

          The  Honorable Professor  Michael A. Olivas  was quoted in the  Houston Chronicle  on April 24th regarding the Torres death during a struggle with Baytown police, and was on local Channel 26 FOX Evening News on April 23rd, speaking at a LULAC meeting regarding recent alleged Baytown police misconduct.  Prof. Olivas spoke again on LULAC’s behalf on May 4th on local Channel 2 (NBC) news regarding the police officers’ grand jury no-bill.  Also during the month, Prof. Olivas was interviewed about on Fox Television about college recruitment and admissions issues, and referenced in the  Houston ChronicleWashington Post,  and the  Chronicle of Higher Education  on, respectively, admissions, immigration, and undocumented foreign college student residency.

          On May 5th, the  Honorable Professor  David Crump  was quoted by the  Dallas Morning News  regarding the pending Arthur Anderson trial in Houston.    The  Honorable Dean  Nancy B. Rapoport  was quoted April 22nd in the  Houston Chronicle  about prospects for Enron’s survival, in the April 28th  Houston Chronicle  regarding Enron’s tactics to keep business alive and, on April 29th, in the  Texas Lawyer  regarding  U.S. News & World Report’s  law school rankings, and in the  Houston Chronicle again about Enron’s re-organization, as well as in the  Houston Chronicle  on May 4th regarding the Enron bankruptcy.  In the May 5th  Orlando Sentinel  and  Chicago Tribune,  and again in the May 6th  (London) Daily Telegraph,  Dean Rapoport was quoted regarding the up-coming Arthur Anderson trial in Houston.

          The  Honorable Professor  Ellen Marrus  was quoted in the  Dallas Morning News  and in the  Seattle Times  on April 26th regarding legal issues and strategies in defending a fifteen and a ten year old child accused of killing their six year old sibling and, on May 16th concern the State’s decision to not prosecute the fifteen year old as an adult.

          The  Honorable Professor  Jordan Paust  was interviewed by  National Public Radio  concerning due process rights and the Bush military commissions.


Judicial Notice: University of Houston Law Faculty have been acknowledged by the Judiciary during the year 2002 to date, to-wit:

          In  Mendez v. Palm Harbor Homes, Inc.,  2002 WL 826409  (Wash.App. Div. 3, 2002),  Professor  Richard M. Alderman’s  article, “Pre-Dispute Mandatory Arbitration in Consumer Contracts: A Call for Reform,”  38 Houston Law Review 1237 (2001), was cited.

          In  Billy v. State, 2002 WL 979776 (Tex.App.-Dallas, 2002), the Court referenced  Professor  David Crump’s  article, “The Function and Limits of Prosecution Jury Argument,” 28 Southwestern Law Journal 505 (1974).   In  Smith v. State,  2002 WL 126985  (Ala.Crim.App., 2002), the Court referenced  Prof. Crump’s  article,  “Peremptory Challenges After McDonough Power Equipment, Inc. v. Greenwood:  A Problem of Fairness, Finality, and Falsehood,”  69 Oregon Law Review 741 (1990), and also Prof. Crump’s article,  “When Jurors Lie: Differing Standards for New Trials,”  22 American Journal of Criminal Law, 733 (1995).

          In  Reisenfeld & Co. v. Network Group, Inc.,  277 F.3d 856, (C.A.6 (Ohio) 2002),  Professor  Peter Linzer’s  article was referenced,  “The Decline of Assent:  At-Will Employment as a Case Study of the Breakdown of Private Law Theory,”  20 Georgia Law Review 323 (1986).

          In  U.S. v. Handakas,  286 F.3d 92 (C.A.2 (N.Y.) 2002),  Professor  Geraldine Szott Moohr’s  “Mail Fraud and the Intangible Rights Doctrine: Someone to Watch over Us,”  31 Harvard Journal on Legislation 153 (1994)  was cited.

          In  ICM Notes, Ltd. v. Andrews & Kurth, L.L.P.,  2002 WL 823582 (S.D.Tex. 2002),  Dean  Nancy B. Rapoport’s  (& C.R. Bowles, Jr.’s)  “Has the DIP's Attorney become the Ultimate Creditors' Lawyer in Bankruptcy Reorganization Cases?”  5 American Bankruptcy Institute Law Review 47 (1997), was cited.

          In  Hess v. Anheiser-Busch,  2002 WL 483564 (S.D. Ohio 2002), Professor  Ronald Turner’s  article,  “Employment Discrimination, Labor and Employment Arbitration, & the Case Against Union Waiver of the Individual Worker's Statutory Right to a Judicial Forum,”  49 Emory Law Journal 135 (2000), was referenced.

           In  Crawford v. Hrabe,  2002 WL 597398 (Kan.Sup.Ct. 2002),  Professor  Jacqueline Lang Weaver’s  article, “Politics of Oil & Gas Jurisprudence: The Eighty-Six Percent Factor,”   33 Washburn Law Journal 492 (1994), was referenced.


Academy & Colloquium:

          Professor  Richard Alderman  was appointed  Chair  of the State Bar’s  Law-Focused Education Committee.  Prof. Alderman gave speeches to the International Association of Administrators,  the High School for Law Enforcement & Criminal Justice,  the  Credit CoalitionS.C.O.R.E,  and  Shriners. Prof. Alderman was also a guest on the Jan Carson Radio Show,  and a repeat-guest on  Tom Martino’s nationally syndicated radio show.

          Associate Dean  Seth Chandler  was interviewed by  Time Magazine  and  Business Week  for their reviews of the book, A New Kind of Science, by Stephen Wolfram,  discussing the book’s implications for social science and law.

          Professor  David R. Dow’s  book,  Machinery of Death,  has been published by Routledge Publishing, available in fine bookstores everywhere.  Prof. Dow’s review of  Human Rights in Judaism,  by Michael Broyde & John Witte, appeared at 17 Journal of Law & Religion 121 (2002).   Prof. Dow has also been selected to receive the  Harris County Criminal Lawyers Association’s  torch of liberty award, which he will share with Co-Honoree Jim Marcus, a  Law Center  graduate.  Prof. Dow's essay,  “Executing Johnny Joe Martinez,"  appeared in Volume 94 (No. 9) of the  Texas Observer, May 10th 2002.

          Professor  Leslie Griffin  lectured April 4th at the  Institute for Democracy Studies  in New York on  “A New Kind of Establishment,”  and presented a paper April 21st as a panelist at  Cardozo School of Law’s  Conference on Fundamentalisims, Equalities & the Challenges of Tolerance in a Post-9/11 Environment.  Prof. Griffin also attended Harvard Law School’s  Jewish Law & Equity Conference at Harvard Law School May 19th-21st.

          Professor  Lonny S. Hoffman’s  article,  “Removal Jurisdiction & the All Writs Act,"  148 University of Pennsylvania Law Review 401 (1999)  was cited in  American Law Institute - American Bar Association Continuing Legal Education February 7-9th  2002 Civil Practice & Litigation Techniques in Federal and State Courts,  “Problems in Federal Forum Selection & Concurrent Federal State Jurisdiction: Supplemental Jurisdiction; Diversity Jurisdiction; Removal; Preemption; Venue; Transfer of Venue; Personal Jurisdiction; Abstention & the All Writs Act”  by  Georgene M. Vairo,  SG046 ALI-ABA 485.   Prof.  Hoffman’s  (& Keith A. Rowley’s)  article,  “Forum Non Conveniens in Federal Statutory Cases,”   49 Emory Law Journal 1137 (2000), was cited in William S. Dodge’s  “Breaking the Public Law Taboo,”  43 Harvard International Law Journal 161 (Winter, 2002).

          Professor  Peter T. Hoffman’s  article,  “The Stages of the Clinical Supervisory Relationship,”  4 Antioch Law Journal 301 (1986),  was cited in  8 Clinical Law Review 405 (Spring 2002)  by  Katherine R. Kruse,  “Biting Off What They Can Chew: Strategies for Involving Students in Problem-solving Beyond Individual Client Representation.”  On May 18th-25th, Prof. Hoffman was on the faculty of the  American Association of Law Schools  Conference on Clinical Legal Education  in Pittsburgh, where he chaired a four segment program on teaching trial advocacy, and also taught in the annual  ABA Family Law Program  offered at the Law Center in May.

          Professor  Joan Krause  spoke May 8th to the  Houston Bar Association’s Health Law Section  on  “Current Trends in Health Care Fraud & Abuse."   On May 13th, Prof. Krause spoke to the  National Law Journal  regarding a recent Texas malpractice/informed-consent case.

          Professor  Peter Linzer  attended the of the American Law Institute’s   79th Annual Meeting  in Washington, D.C.,  taking active part in the discussion of the  Restatement Third of Restitution  and in informal discussions with some of the Institute's leaders about the ALI doing a study of standard form contracts (contracts of adhesion).  Prof. Linzer’s on revisions continue of   Corbin On Contracts,  volume 6, dealing with the parol evidence rule and implied terms.

          Professor  Ellen Marrus  attended the  National Juvenile Defender Center's  Board Meeting  May 3rd-4th,  the only national organization supporting attorneys’ work in defense of criminally charged juveniles.  Prof.  Marrus is on the  Planning Committee  for the National Summit to be held next October.  The  Southwest Regional Juvenile Defender Center  is planning a regional conference to be held at the University of Houston Law Center  this June 13th-15th, where Prof. Marrus will be a keynote speaker.  Prof. Marrus is also on the  Rocky Mountain Regional Clinical Conference’s  Planning Committee,  which will be held in New Mexico next October to examine how clients influence clinical programs.

          Professor  Douglas Moll's  article,  “Shareholder Oppression & Reasonable Expectations:  Of Change, Gifts, & Inheritances in Close Corporation Disputes,”  was published at  86 Minnesota Law Review 717 (2002).

          Professor  Raymond T. Nimmer’s  article,  “Representing Technology Companies in the New Business Environment Bankruptcy and Financing Issues in Intellectual Property Law”  683 PLI-I/P  was referenced in  West’s Bankruptcy Newsletter No. 18 (March 6th 2002).   Prof. Nimmer’s  article,  “Electronic Signatures in the Global & National Commerce Act of 2000: Effect on State Laws”  ( <>)  was cited in Chapter 10:  Business, Law & the Internet  of the  Illinois Institute for Continuing Legal Education (March 2002).    Prof.  Nimmer’s  article,  “UCITA: A Commercial Contract Code,”  Computer Law (May 2000),  was cited in Michael H. Dessent’s  “Digital Handshakes in Cyberspace under E-sign: ‘There's a New Sheriff in Town!’,”  35 University of Richmond Law Review 943  (January 2002),  as was Prof. Nimmer’s article,  “International Information Transactions: An Essay on Law in an Information Society,”  26 Brooklyn Journal International Law 5 (2000).

          Professor  Michael A. Olivas’  views on the undocumented foreign student residency issue were solicited for a legislative hearing in Maryland, and Prof. Olivas published a piece on the issue (“An un-FAIR Reading”),  rebutting the position of the  Federation for American Immigration Reform,  in  University Business  magazine.  Prof. Olivas serves as the Chair of the AALS Section on Immigration Law, and the immigration law teachers met in New Orleans for a 2½ day teaching workshop (May 30th-June 1st) that Prof. Olivas developed.

          Professor  Jordan Paust  prepared  “Memorandum Amicus Curiae of Law Professors”  in connection with  United States v. John Walker Lindh, E.D. Va.  Prof. Paust’s article, “Human Rights Responsibilities of Private Corporations,”   was published at  35 Vanderbilt Journal of Transnational Law 801 (2002), and his essay,  “Antiterrorism Military Commissions:  Postscript Concerning the Ad Hoc DOD Rules of Procedure,”  23 Michigan Journal of International Law issue no. 3 (2002) is going to press.  Prof. Paust’s article, "International Law as Law of the United States: Trends and Prospects," which was printed in Japanese in the  Journal of the Japanese American Society for Legal Studies 13-38 (2001),  will be printed in English in  2 Chinese Journal of International Law (Beijing 2002).

          Dean  Nancy B. Rapoport  authored one in a five-article colloquium regarding  unauthorized law practicemulti-disciplinary law practicemulti-jurisdictional law practice, in the  Texas Bar Journal,  65(5) Texas Bar Journal 446 (May 2002).  On May 22nd, Dean Rapoport participated in a  Continuing Legal Education Program  for the  Texas Center for the Judiciary.

          Professors  Joseph Sanders’  &  Craig Joyce’s  article,  “Off to the Races: The 1980s Tort Crisis & the Law Reform Process”,  27 Houston Law Review 207 (1990),  was referenced in  3 Stein on Personal Injury Damages Treatise § 22:8 (3rd ed., April 2002).  Prof. Sanders’ “From Science to Evidence: The Testimony on Causation in the Bendectin Cases,”  46 Stanford Law Review 1 (1993) was cited by Theodore Eisenberg  et al.  in  “Juries, Judges, & Punitive Damages: An Empirical Study,” 87 Cornell Law Review 743 (March 2002), and also by  Danielle Conway-Jones in  “Factual Causation in Toxic Tort Litigation: a Philosophical View of Proof & Certainty in Uncertain Disciplines”  35 University of Richmond Law Review 875 (January 2002).

          Research Professor  Ronald L. Scott  spoke May 5th 2002 at the  Nussenblatt Lecture  in Practice Management,  University of Houston College of Optometry  on  HIPAA Privacy  (and related “administrative simplification” regulations).

          Professor  William P. Streng,   BNA’s December 2002 tax author - previously mis-identified in  Faculty Focus  as a  “centerfold”  (mea culpa)  - in BNA Publishing’s  2002 calendar, proved so alluring to his niche that BNA will feature his picture again in BNA ads here ’bouts, to-wit:  April in  Journal of Taxation,  May in  Accounting Today  and in  Tax Advisor,  and May, June and September in  Estate Planning - beauty or brains?

          Professor Ronald Turner's article, "Were Separate-but-Equal & Antimiscegenation Laws Constitutional? :  Applying Scalian Traditionalism to Brown & Loving,"  will be published in a future issue of the  San Diego Law Review,  and his article  “Reactions of the Regulated:  A Federal Labor Law Example,"  was published at  17 The Labor Lawyer 479 (2002).    Prof. Turner has also been asked to write an article on age discrimination law and policy, which will be included in the Encyclopedia of Retirement & Finance.

          Professor  Joseph Vail   spoke May 9th on “Ethics in Immigration Law Practice"  at the  Federal Bar Association Seminar  in Houston and, on May 22nd, served as a faculty member on the  Planning Committee  for the  University of Texas Immigration Law Conference  to be held in San Antonio, Texas on October 23rd-25th.  On June 10th, Prof. Vail will speak at the  ABA National Conference for the Minority Lawyer  in Houston on the  Patriot Act  and security measures relating to immigration law  and, on June 14th,  will speak at the  National Conference for the American Immigration Lawyers Association  in San Francisco on asylum applications at the border and airport checkpoints.

Rod Borlase, Editor