Leonard Baynes welcomed guests and introduced Cornell William Brooks, NAACP CEO, who served as the Yale L. Rosenberg Memorial Lecturer on March 3. President Brooks spoke on Born Suspect: Tragedies of Racial Profiling. On March 8, Dean Baynes welcomed guests at the University of Houston Law Center Academic Achievement Reception honoring 55 top students for their academic success during their first year of law school. Dean Baynes welcomed and introduced Judge George Hanks as the next Sondock Jurist-in-Residence Lecturer on March 21. On March 22, Dean Baynes presented an overview of the Law Center and was honored at a Welcome Reception hosted by Regent Nelda Blair, Bruce Tough, Newpark Resources, Inc., and UH System Alumni at the Offices of Newpark Resources, Inc. Dean Baynes gave welcoming remarks at a scholarship reception hosted by the Admissions Office on March 24 at The Grove in Discovery Green. Dean Baynes attended dinner for the SE Federal Reserve Bank Interview and Discussion featuring Robert Kaplan, President and CEO of Federal Reserve Bank of Dallas, and Preet S. Bharara, U.S. Attorney for the Southern District of New York, hosted by President Khator on March 24 at the University Hilton Ballroom. The next day, Dean Baynes gave welcoming remarks and attended the Admitted Student Preview Day. Lastly, Dean Baynes attended the Houston Business & Tax Law Journal Spring Banquet on March 31 at Republic Smokehouse & Saloon and gave welcoming remarks.
Emily Berman accepted an offer of publication for her article Quasi-Constitutional Protections and Government Surveillance from the BYU Law Review (forthcoming 2016). The paper was noted on Professor Larry Solum’s Legal Theory blog, available here.
Darren Bush has been on Faculty Development Leave. During this time, he moderated a panel for the American Antitrust Institute on “Taking Stock of Competition: The Airlines, Distribution, and the Consumer.” He also completed a book chapter on airline competition for AAI (along with Diana Moss) for a book that is forthcoming for the 2017 Presidential transition concerning antitrust policy. Sadly, thanks to more airline mergers, the chapter is in revision. He also completed an article titled An Antitrust Allegory II: The Section 2 Trap. He will find a home for this article in August. He is also finishing another article on Antitrust Transparency and revising the statutory supplement for his casebook. He has also been in the press regarding the DOJ’s antitrust challenge to the Halliburton merger and the indictment of former Chesapeake Energy CEO Aubrey McClendon, with appearances in CNBC, the Houston Chronicle, and other outlets. On the Kung Fu side of life (because everything is kung fu), Professor Bush has competed in the 2016 World Star Martial Arts Competition as well as several inner-school tournaments. He continues to find his progress slow in learning Tai Chi.
Barbara Evans attended the Greenwall Faculty Scholars Program Annual Meeting at the Emory School of Public Health on April 3-5. She coauthored a report, Better Evidence on Medical Devices: A Coordinating Center for a 21st Century National Medical Device Evaluation System, published by the Duke University’s Margolis Center for Health Policy on April 4. She gave a presentation on U.S. biotech regulations to distinguished scientists from Taiwan’s National Chung Hsing University at the Texas Center for Superconductivity at UH on April 7. Her commissioned paper, Governance at the Institutional and National Level, has been published in International Summit on Human Gene Editing: A Global Discussion 30-43 (Chinese Academy of Sciences, The Royal Society, U.S. National Academy of Sciences, and U.S. National Academy of Medicine). Her paper, Big Data and Individual Autonomy in a Crowd, was published on April 21 in materials for the May 6 Petrie-Flom Annual Conference at Harvard Law School, where she will be the opening presenter. Her study of consumer-driven health data commons will be published as a Robert Wood Johnson Foundation Health Data Exploration (HDE) Project White Paper ahead of the Annual Meeting of the HDE Project and the Quantified Self movement’s Public Health Symposium in San Diego on May 17-18; the American Journal of Law & Medicine will republish the white paper in law review format this Fall. Professor Evans responded to peer-review comments on the co-authored book, Hearing Health Care: Priorities for Improving Access and Affordability, to be published by the National Academies Press in the next several weeks. On April 18-19, Professor Evans participated in the first meeting of the National Academy of Science, Engineering, and Medicine’s Committee on Future Biotechnology Products and Opportunities to Enhance Capabilities of the Biotechnology Regulatory System, which is launching a study of FDA, EPA, and USDA oversight of novel biotechnologies. On April 21, Professor Evans participated in a meeting of FDA’s Sentinel System Patient Engagement Working Group, on which she serves. Her book chapter, Genomic Data Commons, in Medical Commons and User Innovation (Katherine Strandburg, Brett Frischmann & Michael Madison, eds) went into production on April 25 at Oxford University Press. Professor Evans participated in conference calls of the National Committee on Vital and Health Statistics’ Privacy Subcommittee throughout the month. She has been invited to join the American Society for Cell and Gene Therapies and serve on its Ethics Committee. She participated in activities to plan an ethics and policy discussion about human gene synthesis at Harvard Medical School and a debate about human genetic manipulation at the Oxford Union next month.
Dave Fagundes’ article, Buying Happiness: Property, Acquisition, and Subjective Well-Being was accepted for publication by the William & Mary Law Review. At the 2016 North American Consortium on Legal Education (NACLE) conference, Dave organized and contributed to a panel on the cultural and social aspirations of copyright in North American legal regimes. Finally, two of his articles were featured in a recent empirical study of the most cited IP scholarship published in the last ten years, available here.
Jim Hawkins's article, Using Advertisements to Diagnose Behavioral Market Failure in Payday Lending Markets, was published in 51 Wake Forest L. Rev. 57 (2016). He also published a response to a recent article: Can Voluntary Price Disclosures Fix the Payday Lending Market?, 6 Harvard Business Law Review Online 64 (2016). Finally, his book chapter, Towards Behaviorally Informed Policies for Consumer Credit Decisions in Self-Pay Medical Markets, has gone to press in Nudging Health: Health Law and Behavioral Economics (I. Glenn Cohen, Christopher Robertson, & Holly Fernandez Lynch, eds., Johns Hopkins Press).
Tracy Hester received a grant as principal investigator from the Texas OneGulf Center of Excellence to explore the effects of environmental criminal prosecution on disaster response activity. The team that won the award includes Professors Steven Zamora, Allison Winnike, and Richard McLaughlin (co-director of UHLC’s U.S.-Mexico Law Center). This grant will support legal research until August 2017. In addition, his draft article Environmental Statutory Interpretation was accepted for review at Vermont Law School’s Environmental Colloquium in September 2017, and he will also present it at the IUCN Environmental Law Colloquium in Oslo, Norway on June 21. Professor Dave Fagundes and Professor Hester welcomed Rep. Sarah Davis and Texas House Parliamentarian Chris Griesel for a guest lecture to their joint Statutory Interpretation classes on March 23. Professor Hester spoke to the Citizen Environmental Coalition’s Annual Environmental Conference on March 24 about the likely impact of the Paris Agreement on Houston, and he hosted a workshop at the American Institute of Chemical Engineers’ annual conference on April 12 about the ways chemical engineers can work with policy leaders to respond to climate change. He moderated U.S. Chemical Safety Board member Dr. Kristen Kulinowski’s presentation at UHLC on March 28 about the Board’s latest findings on industrial disaster prevention, and he welcomed Fred Burnside (former director of EPA’s Office of Criminal Enforcement) to UHLC on April 6 to discuss environmental criminal enforcement policy. Last, Professor Hester participated in the ABA Section on Environment, Energy and Resources’ annual conference in Austin on March 31-April 1 (where he was named to its new Law Professor’s Committee), and he and Linda welcomed the UHLC Foreign LLMs to their home for a reception on April 10.
Geoffrey Hoffman will receive the 2016 Ethel Baker Faculty Award for community service. Professor Hoffman also presented a lecture at TSU Thurgood Marshall School of Law on the Chinese Exclusion Act case as part of TSU’s Immigration Law Symposium 2016. Professor Hoffman organized the Joseph A. Vail Asylum Law Workshop held at the Law Center and spoke on asylum cases with a special emphasis on families and children. There were almost 100 registered for the workshop, including 2 retired immigration judges and a host of non-profits and presenters.
Craig Joyce presided over the Institute for Intellectual Property & Information Law’s Thirteenth Annual (“Baker’s Dozen”) Spring Lecture and associated events, sponsored this year for the first time by Andrews Kurth LLP. The Lecture featured Professor Mark Lemley of Stanford Law School, speaking on “Rethinking Assignor Estoppel.” Edward K. Fein, Chief Patent Counsel for the Johnson Space Center, served as Commentator. The Lecture will be published in Houston Law Review. In addition, the Law Alumni/ae Association, at its Annual Gala & Auction, presented Joyce its Faculty Distinction Award “in recognition of [his] outstanding contribution and dedication to the UH Law Center.”
Jessica Mantel's article, Tackling the Social Determinants of Health: A Central Role for Providers, has been accepted for publication in the Georgia State Law Review.
Douglas Moll’s scholarship was recently cited by the Court of Appeals of South Carolina. Over the past several years, Professor Moll’s scholarship has also been cited by the Supreme Court of Texas, the Supreme Court of Iowa, the Supreme Court of South Carolina, the Supreme Court of Kentucky, the Supreme Court of Utah, the Supreme Court of North Dakota, the Court of Appeals of Texas, the Superior Court of North Carolina, the District Court of Appeal of Florida, and the Supreme Court of New York. On the federal side, Professor Moll’s writings have been cited by the Second Circuit U.S. Court of Appeals, the federal district court of Maine, and the U.S. Bankruptcy Court in the Eastern District of Pennsylvania.
Gerry Moohr, with co-authors Paul Marcus, Linda Malone, and Cara Drinan, submitted the Eighth Edition of Criminal Law (and its manual) to Lexis for publication this summer. Gerry wrote the chapters on mens rea, theft crimes, and sexual offenses.
Michael A. Olivas served as a panelist at the Mack Performing Arts Collective (MPAC) Music Symposium on February 27. The panel, including both artists and music industry professionals, discussed Building a Brand and Creating a Buzz in the New Music Industry. A video including highlights of the event is available here. Professor Olivas also moderated a debate between New York Times sports business columnist, author Joe Nocera, and ESPN and CBS sports analyst, attorney Len Elmore. The debate centered on whether college athletes should be paid for on-field performance. As interim President of the University of Houston-Downtown, Professor Olivas hosted a Community Engagement Breakfast honoring Mayor Sylvester Turner for his support of the University’s community engagement initiatives.
Jordan Paust was on a panel addressing The Evolution of Taiwan Statehood and Probable Future Developments for Taiwan on April 15 at the New York Law School. His op-ed, Waterboarding Is Decidedly and Manifestly Torture, was published on JURIST and is available here.
D. Theodore Rave participated in the ALI Young Scholars Medal Conference on the Future of Aggregate Litigation at NYU School of Law on April 12. Professor Rave was also asked by the Consulate General of Mexico to take part in an open ended working group focusing on legal and constitutional issues affecting Mexico and the State of Texas. The working group will begin meeting this summer.
Daphne Robinson shared her paper, Living and Dying in the Mississippi Delta, at the Politics of Health in the South Conference at the Center for Medicine, Health, and Ethics at Vanderbilt University, on March 18. In her paper, Professor Robinson advocates for the use of community health workers as a vehicle under the Affordable Care Act to overcome cultural and racial barriers that impede positive health outcomes in the Mississippi Delta. Professor Robinson successfully defended her thesis, A Community Needs Assessment and Program Intervention for Patients in Mental Health Crisis at Rapides Regional Medical Center in Rapides Parish, Louisiana, on April 7. She will receive her Master’s in Public Health (MPH) Prevention Sciences from Emory University Rollins School of Public Health in Atlanta, Georgia, on May 9.
Robert Schuwerk submitted the final corrections for the 2016 edition of his co-authored Handbook of Texas Lawyer and Judicial Ethics to Thomson Reuters in late March. His co-author, Ms. Lillian B. Hardwick, is an alumna of the Law Center. The publication should be available later this month.
Spencer Simons participated as a team member in an ABA sabbatical review site visit March 18-23.
Sandra Guerra Thompson submitted a report to Houston Mayor Sylvester Turner as the chair of the mayor’s Criminal Justice Transition Committee. She attended the annual meeting of the Texas Association of Pretrial Services at Sam Houston State University on April 7-8. Professor Thompson was interviewed by Minnesota Public Radio News on a live talk radio show on the reliability of eyewitness testimony. On April 7, she was quoted in a Houston Press article regarding the proposed merger of the Houston and Harris County crime labs and its potential impact on the independence of the Houston Forensic Science Center. The New Braunfels Herald-Zeitung republished portions of an Associated Press article containing quotes from Professor Thompson. She commented on indictments related to the May 15 shooting at a Twin Peaks restaurant in Waco. On March 30, she was interviewed by Houston Public Media regarding President Obama’s decision to commute the sentences of 61 federal drug offenders, which comes as part of an ongoing effort to reform the criminal justice system. Professor Thompson was additionally quoted in a press release announcing the release of videos and a report from a statewide symposium held earlier this year called "Police, Jails, and Vulnerable People: New Strategies for Confronting Today's Challenges." The symposium was co-hosted by the UHLC Criminal Justice Institute, which she directs, along with the UHLC Health Law and Policy Institute and the University of Texas LBJ School of Public Affairs. On April 13, she attended the Harris County Criminal Justice Coordinating Council meeting. Professor Thompson also attended a press conference announcing the county’s selection as a recipient of a MacArthur grant which will enable the county to reduce its jail population without affecting public safety.
Ronald Turner's recent publications include the peer-reviewed On the Obergefell Dissenters' Selective Judicial Self-Restraint, 9 Vienna Journal on International Constitutional Law 572 (2016); Marriage Equality and Obergefell's Generational (Not Glucksberg's Traditional) Due Process Clause, 23 Duke Journal of Gender Law & Policy 145 (2016); On Brown v. Board of Education and Discretionary Originalism, 2015 Utah Law Review 1143; and When the Court Makes Title VII Law and Policy: Disparate Impact and the Journey from Griggs to Ricci, 89 St. John's Law Review 809 (2015) ("Title VII at 50" symposium). His article Race, Racism, and the Roberts Court will be published in a forthcoming issue of the Institute for Inclusion in the Legal Profession's Review on the State of Diversity and Inclusion. He discussed "The Racegoating Dynamics of the Anti-Affirmative-Action Position" at the Texas Southern University Thurgood Marshall School of Law's conference on The Civil Rights Agenda, The Roberts Court, and the Last Three Years of Challenges, and conducted mock classes at the Law Center's March and April 2016 Admitted Students Days, and the April 15 Street Law program attended by students from various Houston high schools. He also chaired the City of Houston's April 2016 Grievance Review Committee hearings.
Greg Vetter was an invited colloquium presenter for Loyola Law School, Los Angeles on April 4, presenting his paper Are Prior User Rights Good for Software? He also presented his paper entitled Opportunistic Free and Open Source Software Development Pathways at the symposium entitled Intellectual Property in All the New Places held on April 15-16, at the Texas A&M University School of Law by its Center for Law and Intellectual Property (CLIP).
Jacqueline Weaver was named a Distinguished Visiting Fellow at Queen Mary University's College of Law, in a university-wide nomination process. She will visit Queen Mary University in London in June 2017 and participate in several public speaking events, academic colloquia and student research sessions during her visit. The visit and nomination are to raise the profile of Queen Mary University's energy law programs and also to discuss ways in which to further collaboration between QMU and the University of Houston.
Bret Wells presented his paper entitled Allocation Wells, Unauthorized Pooling, and the Lessor’s Remedies at the Baylor Law Review Symposium on April 7, 2016. Professor Wells’ paper will be published in the forthcoming edition of the Baylor Law Review. On May 5, Professor Wells made a presentation entitled "International Taxation Update" to the Houston Chapter of the Tax Executive Institute as part of their TEI Tax School. On May 6, Professor Wells lectured on inbound international tax planning as part of a half-day training program hosted by the EENR Center.
Allison Winnike recently published two books, Control Measures and Public Health Emergencies: A Texas Bench Book (April 2016) and Preparing for a Pandemic: An Emergency Response Benchbook and Operational Guidebook for State Court Judges and Administrators (March 2016). The latter book was a product of her work as a member of the Conference of Chief Justices Pandemic and Emergency Response Task Force. As part of the Preparing for a Pandemic book release she presented for a webinar sponsored by the National Center for State Courts and the State Justice Institute on March 16. She recently spoke on “Public Health Law Control Measures to Combat Zika” for the “Zika Virus Workshop: Public Health and Legal Control Measures” event hosted by the University of Houston Law Center Health Law & Policy Institute on April 8. She delivered a speech on “Public Health Law for Local Health Authorities” for the Local Health Authority Workshop at the Texas Public Health Association 92nd Annual Education Conference in Galveston on April 11. She has given a series of lectures on “Public Health Law & Ethics and Implications for Local Health Authorities” as part of the Texas Department of State Health Services’ High Consequences Infectious Disease Response Workshops, most recently in Tyler (March 1) and Lubbock (March 29), and lectured on “Public Health Law and Control Measures” for the Emerging Infectious Disease Conference on Lewisville, Texas on March 23. At the beginning of March she traveled to San Antonio to participate in the first of four leadership workshops as a member of the Leadership Texas class of 2016. The Texas OneGulf Center of Excellence awarded a grant to Principal Investigator Tracy Hester and Co-Principal Investigators Stephen Zamora and Allison Winnike to study the Impact of Environmental Criminal Enforcement on Disaster Response.
Kellen Zale presented her research on the sharing economy at two conferences in the past month. On April 1, she spoke about the implications of shared mobility for urban resiliency at the annual Stegner Center Symposium at the University of Utah College of Law. On March 11, she spoke as part of a panel on local government regulation of the sharing economy at the Rocky Mountain Land Use Institute's annual conference at the University of Denver School of Law. She is also organizing the 5th annual State and Local Government Law Works-in-Progress Conference, to be hosted by the University of Houston Law Center in Fall 2016.