September 2001

With apologies to  Professor Shepard  and others for omissions in the previous (Summer)  Faculty  Focus  issue - my first as editor - and, with thanks for their patience, we give them lead billing in this issue:

          Professor  Ira B. Shepard   spoke to the  American Institute on Federal Taxation  on  "Recent Developments in Federal Income Taxation"  in Birmingham, Alabama, in June; and Prof. Shepard spoke on the same topic to the  Denver Tax Institute  in July (as he has each July since 1980).  In August, Prof. Shepard debated arch-liberal  Paul Asofsky   of   Weil, Gotshal  &  Manges  on  "Taxation and Morality"  for the  Spirit Systems of Texas Group  in Houston.

          Prof. Shepard’s  2000 Recent Developments  outline (co-authored by Professor Martin McMahon of the University of Florida Law School)  was published in  5 Florida Tax Review 109-247 (No. 2, 2001), a copy of which was sent to all law school tax professors.   This outline will be used this Fall by other speakers at the  University of Texas Tax Conference,  the  Arizona CPA Society Tax Institute,  and the  Mississippi Tax Conference.

          Prof. Shepard’s  plans for the Fall include speaking at the  State Bar of Texas’  Advanced Tax Course  in Dallas, the  Southern Federal Tax Institute  in Atlanta, the Tulane Tax Institute  in New Orleans, the  Lewis & Clark Tax Institute  in Portland, the  Tennessee Tax Conference  in Nashville, and the  William & Mary Tax Conference  in Williamsburg.  Prof. Shepard  speaks each month on Current Tax Developments to the  Wednesday Tax Institute.

          Prof. Shepard will also present a paper on  "Risks and Realities of Multi-Disciplinary Practice in Estate Planning"  at the  South Texas College of Law’s  Wills  &  Probate Institute  in September.

          Prof. Shepard continues to serve on the  Council of the Houston Bar Association’s  Tax Section  and now also serves on the Association’s  Professionalism Committee.

          I think we omitted Professor Oldham’s activities too, so ....

          Professor  Thomas Oldham  wrote a symposium article for the  Notre Dame Law Review  on the regulation of unmarried partners, an article for the  Duke Journal of Law & Gender  on the  ALI Family Dissolution Project,  and was the issue editor of the Summer 2001 issue of the  Family Law Quarterly.

          Prof. Oldham participated on a panel at the  International Society of Family Law Conference  in Kingston, Canada in June 2001 (and has been asked to be one of the organizers for the 2003  International Society of Family Law  meeting).   Professor Oldham was quoted on the  New York Times  front page in an article about post-marital agreements.

Last but certainly not least among these omissions from last month’s  Faculty Focus,  and proof that all errors and omissions are equal opportunity, the Dean’s contribution!

          Dean  Nancy Rapoport  will publish another essay, entitled  “Of Cat-Herders, Conductors, Fearless Leaders, and Tour Guides”  ___ U. Toledo L. Rev. ___ (2001),  in this year's  University of Toledo Deans Symposium.

          Dean Rapoport spoke this summer at the following events:   “Do ‘Best Practices’ in Legal Education Include an Obligation to the Legal Profession to Integrate Theory, Skills, and Doctrine in the Law School Curriculum?” Association of Legal Writing Directors Biennial Conference  (July 2001);   “Of Cat-Herders, Conductors, Fearless Leaders, and Tour Guides:  Ways of Leading,”  NASA National Managers Association (June 2001); and  “Teaching Bankruptcy as a Vehicle for Teaching Other Values,” AALS Bankruptcy Workshop, St. Louis, Missouri  (May 2001).  Dean Rapoport also delivered a paper this month (September) to the  2001 Hofstra Legal Ethics Seminar, entitled  "Bankruptcy Ethics - Does One Size Fit All?  Actually, One Size Fits Nobody."

          Among Dean Rapoport’s summer service activities:     Membership, American Bar Association's   Task Force on Law Student Debt  (2001 -   );  Board Membership, ADL Southwest Regional Board (2001 -  );   Board Membership, Law School Admissions Council Board of Trustees  (2001 -   ); and   Board Membership, Friends of Girl Scouting Advisory Board (for the Girl Scouts of San Jacinto Council) (2001 -   ).

September  2001

          Dean  Nancy Rapoport  &  Professors  Dow and Paust  led discussions during the Law Center forum in Krost Hall September 12th on the terrorist attack on the United States September 11th.

          Professor  Richard M. Alderman  published the 2001-2002 edition of  Texas Consumer Law:  Cases  &  Materials,  currently adopted by every Texas law school.   Prof. Alderman’s article,  “Predispute Mandatory Arbitration in Consumer Contracts:  A Call for Reform,”  was accepted for publication and will appear in the  Houston Law Review’s  volume 38 ( No. 4).    Prof. Alderman  also submitted manuscripts for the 2001 Supplement to the  Lawyers Guide to the Texas Deceptive Trade Practices Act  and, along with  Professor Douglas Moll,  to the 2001-2002 edition of  Alderman’s Texas Commercial and Consumers Law Annotated.

          Prof. Alderman  gave speeches to the  Houston Credit Coalition,  the  Texas State Educators Association,  the  South  Houston AARP,  the  Spring Branch Rotary  and the  Pasadena Chamber of Commerce,  and taught the  Consumer Law Classes  for  BarBri.

          Prof. Alderman’s  high school legal education video,  “Know Your Rights!”,  has been adopted by more than 600 high schools.   And, Prof. Alderman served as legal advisor to the  Houston Television Partnership   and was appointed to the  Board of Directors  of the newly formed  Houston Broadcasting & Music Hall Of Fame.

           Professor  Mary Anne Bobinski’s (et al.) medical ethics project, entitled  Medical Ethics:  Analysis of the Issues Raised by the Codes, Opinions, and Statements" (Vol. 2),  is being released by BNA Press; and  UHLC Health Law Research Professor Joe Wang  and  Prof. Bobinski  completed a research project funded by the  U.S. Department of Health & Human Services,  “Medical Records, HIV Testing, and Financial Information:  A Summary of Federal and State Laws in Region VI."

          Prof. Bobinski also gave several presentations recently, including the commencement address at University of Texas School of Allied Health Professions, Galveston, Texas (August 10, 2001) and a presentation at the 25th Annual Health Law Teachers Conference, American Society of Law, Medicine, and Ethics, Boston, MA (June 2, 2001), entitled  “Nursing Home Litigation Trends and Their Relationship to Health Care Finance.”

          Prof. Bobinski was also a plenary session presenter on “Addressing Root Problems: Health Policy, Public Policy, and Community Development:  Impacts

on Health Disparities,” at the Cooperative Extension Health People Healthy Communities Initiative (National Conference), Dallas, TX (May 22, 2001).  Among Prof. Bobinski’s other state and local presentations are  “Medical Futility,” for Kindred Healthcare, Pasadena, Texas (August 31, 2001);   “Health Law Update,”  State Bar of Texas  “Summer School” CLE Program, Galveston, Texas  (July 27, 2001); and  “HIV at 20,” Stonewall Lawyers Association, Houston, Texas (July 25, 2001).

          Prof. Bobinski had a number of media interviews and appearances over the summer, in June,  on “Compassionate Use Policies in the Supreme Court”  for the Patrick Report on Chan. 55 and, that same month, for  AIDS Policy & Law  quoted in the article,  “Anniversary Offers Opportunity to Review Status of AIDS Pandemic.”  In July, Prof. Bobinski appeared on Channel 11's  Debra Duncan Show  on medical malpractice, and was interviewed about health law and the Supreme Court for the August  American Medical News.  Prof. Bobinski appeared on August 6th on  KTRH (Chan. 2)  Evening News  on human cloning,  and again on the August 9th  Evening News about stem cell research.

          Prof. Bobinski completed the Management Development Program for Higher Education,  sponsored by the Harvard Graduate School of Education (June 17- 29, 2001).

          Professor  Seth J. Chandler's  article,  "Foggy Game Theory and the Structure of Legal Rules,"  has been published in the book  Symbolic  Computing: New Horizons.   A talk with the same title was a keynote address at the  Fourth International Mathematica Symposium  in Tokyo, Japan.

          Prof. Chandler also published  "Behavior and Learning Under Law"  in the most recent issue of  The Mathematica Journal (Volume 8:2).   The piece, co-authored with computer science Professor Christian Jacob from the University of Calgary, uses a relatively new development in modeling, called  "genetic programs,"  to explore ways in which legal rules shape the behavior of parties in a Coasean conflicting land use setting.

          Prof. Chandler also published a small article in Health Law Perspectives entitled "New Jersey Supreme Court Restricts Use of Contract in Determining Disposition of Frozen Preembryos."   Prof. Chandler’s larger article,  "Visualizing Adverse Selection: An Economic Approach to the Law of Insurance Underwriting,"  is now being submitted to law journals for evaluation.

          Professor  John Jay Douglass  was awarded the  Nelson Award   for distinguished service to the  Association  by the  American Bar Association’s  Government & Public Sector Lawyers Section  at the   ABA  Annual Meeting  in Chicago.

          Professor  David R. Dow’s article, “Can Constitutional Error Be Harmless?", appeared in  2000 Utah Law Review 483,  and his essay,  "Volunteers for Death,"  appeared in the March 2001 issue of the Index on Censorship.

          Prof. Dow published at timely op-ed piece in the  Houston Chronicle  on September 17th  regarding reaction to recent terrorism, entitled  “We Must Not Betray Our Constitutional Values.”

          Professor  Sandra Guerra Thompson  completed work on an article that will appear in the  Criminal Law Bulletin,  entitled,  "Apprendi's Unanswered Question:   Is Failure to Charge an Element in an Indictment a Jurisdictional Error?"

          Prof. Thompson was interviewed in August on  National Public Radio's  "All Things Considered"  show regarding the lengthening of Texas's statute of limitation in sexual assault cases in which DNA evidence is found.   Prof. Thompson was also quoted recently in  U.S.A. TodayThe Los Angeles TimesThe Houston Chronicle,  and  KTRH Radio  on the Andrea Yates murder trial.

          Prof. Thompson attended a meeting of the  American Law Institute  in Scottsdale, Arizona, on September 7th and also currently serves as  Member  of the  Association of American Law School's  Scholarly Papers Competition Selection Committee.   Prof. Thompson is  Chair  of the  AALS’  Criminal Justice Section  and is in the process of coordinating the planning of the  Section's  events for the annual meeting in January.

          Professor  Lonny S. Hoffman  was invited in August to serve as co-editor for a collection of short essays to be written in connection with a program scheduled for April 2001 in London, England, organized by the  American Law Institute-American Bar Association  (ALI-ABA)  and entitled  “United States Domestic and International Litigation and Dispute Resolution:  Current Developments and Their Impact on U.S. and European Companies, Insurers and Lawyers.”   The program’s speakers and essayists include   U.S. Supreme Court Justice Sandra Day O’Connor  and  Judges Edward Becker, Patrick Higginbotham,  Thomas Platt,  Anthony J. Scirica  and  Jack Weinstein.  Academic contributors include  Professors John Coffee,  Geoffrey Hazard,  Arthur Miller,  Leon Friedman  and  Linda Silberman.   In connection with this co-editorship,  Prof. Hoffman will travel to London in April for the program.

          Professor  Christine Hurt  will speak at the Central Region Lawyering Skills Conference, whose theme is  “Writing is Thinking in Ink,”  on September 22, 2001 in Chicago, Illinois.  Her topic is  “Lessons from Sesame Street:  Proposing a More Diverse Legal World Through Legal Research and Writing Problems.”

          Prof. Hurt’s citation workbook,  Interactive Citation Workbook and Workstation,  (second edition;  with Tracy McGaugh and Kay Holloway)  was published this summer by Lexis Publishing. 

          Prof. Hurt was also invited to give a seminar on writing research memoranda to the tax department at  Enron Corp. on Tuesday, September 18, 2001.  This is a yearly seminar that she presents at Enron.

          Professor  Paul M. Janicke  hosted Anne ChasserU.S. Commissioner of Trademarks,  and members of her staff on September 6th for a half-day program at  Vinson & Elkins  on electronic trademark filing procedures.   The program was attended by a full-capacity audience of 120 lawyers.

          Prof. Janicke completed a manuscript in August  on arbitration of international patent disputes,  to be delivered at the Annual Meeting in Lausanne, Switzerland of the  Association for Research & Teaching of Intellectual Property Law  (which, unfortunately, was canceled because of the recent terrorist attacks).

          Prof. Janicke was appointed by the  Chief Judge  of the  U.S. District Court for the Northern District of California  in August to an  Advisory Committee  to review pattern jury instructions for patent infringement cases.

          Professor  Craig Joyce, in addition to chairing the  Facilities Policy  &  Planning Committee  during the Law Center's recover from Tropical Storm Allison this summer, published an updated edition of Copyright Law  (still the most adopted book in its field) and a  five-part supplement,  including new text on digital and international developments and the only standard, continually updated research bibliography on the subject.

          Professor  Joan Krause's article,  “Medical Error as False Claim,”  appeared in Volume 27 of the  American Journal of Law & Medicine  (Summer/Fall 2001).

          Professor  Peter Linzer  attended the  American Law  Institute’s Members Consultative Group  meeting regarding the  Restatement (Third) of Restitution  in Scottsdale, Arizona on September 7-8, 2001.  Prof. Linzer was interviewed by a Cape Cod newspaper about possible intrusions on civil liberties in the wake of the recent terrorist attack, and is writing an op-ed piece for the  Ottawa Citizen  (Ontario) about racial profiling in reaction to that attack.

          Professor  Ellen Marrus  presented a paper entitled  "Over The Hills And Through The Woods To Grandparent's House We Go: Or Do We Post-Troxel?"  at the  Southeast Association for American Law Schools  Conference  held in July 2001.   The article will be published by the  Arizona Law Review  as its Winter issue’s lead article.   Prof. Marrus also completed a second article, entitled  "Crack Babies And The Constitution: Ruminations About Addicted Pregnant Women After  Ferguson v. City of Charleston,"  which has also been accepted for publication.

          Professor Marrus appeared on Channel 2's August 4th (2001)  Newsmakers  for a discussion on the juvenile death penalty.

          Prof. Marrus serves on the Planning Committee  for the  First Rocky Mountain Regional Clinical  Conference  to be held in October and on the  Planning Committee  for the  Fifth National Juvenile Defender Leadership Summit.

         Through fund-raising efforts, the  UHLC Immigration Clinic  and the  Southwest Regional Juvenile Defender Center  have each received gifts of $12,000 from the  Lovebridge Foundation.

          Professor  Douglas K. Moll's  article,  "Shareholder Oppression v. Employment at Will in the Close Corporation:  The Investment Model Solution,"  1999 University of Illinois Law Review 517,  is cited extensively in the forthcoming West textbook  Business Structures,  authored by  David Epstein  and  Richard Freer  of Emory Law School and  Michael Roberts  of Harvard Business School.

          Professor  Geraldine S. Moohr  presented a paper,  "Privatized Justice and Cultural Minorities,"  which considered use of arbitration by members of the gay and lesbian community,  at the  Law and Society Conference  in Budapest.    Prof. Moohr also chaired a panel,  "A Free Press and Theories of Democracy,"  at the same conference.

          Later in the summer, Prof. Moohr presented a paper at the  Southeast Association for American Law Schools Conference  on the U.S. Supreme Court’s 2000-01 decisions on employment law and white collar crime, and also organized a panel for the January 2002 American Association of Law Schools Conference to consider advantages and disadvantages of criminal laws protecting intellectual property and information.

          Finally, Prof. Moohr completed an article, "The Problematic Role of Criminal Law in Regulating Use of Information,"  which the  University of North Carolina Law Review  has offered to publish.

          Professor  Raymond T. Nimmer  was recently listed in the International Who’s Who of Internet Lawyers  and is now Chair of the State Law Committee of the Licensing Executives Society.   Prof. Nimmer was the Keynote Speaker  at the International Conference of Business Law Faculty  in Albuquerque, speaking on  property rights in the digital economy  and, in July,  Chaired  a program in Seattle on  Electronic Commerce.  Prof. Nimmer also has two papers forthcoming in a new Oxford Press book on  American Law.

          Professor  Michael A. Olivas  published an article from his talk at the National Tax Association Annual Meeting in November; the 2000 Proceedings were published in September, 2001, and included the article on prepaid tuition plans, and gave a keynote address at the  National Association of College Admissions Counselors (NACAC).  Although Prof. Olivas could not attend the August  ABA Annual Meeting,  his paper on financing legal education was presented to the Bar at a workshop conducted by the Legal Education and Admissions Section.  Prof. Olivas also served as a consultant to the Sachs Foundation on legal issues concerning philanthropic financial assistance programs.

          Prof. Olivas was interviewed for articles on college finances, immigration, and legal education that appeared in the  Minneapolis Tribune,  the  Wall Street Journal,  the  Houston Chronicle,  and the  Chronicle of Higher Education.  Prof. Olivas also conducted a workshop for UH student affairs staff, on campus legal issues.

          Professor  Jacqueline L. Weaver  lectured at  Pace Law School  on  “The Federal Government as a Useful Enemy:  Perspectives on the Bush Energy/Environment Agenda from the Texas Oil Fields.”

Rod Borlase, Editor