February 2002
Changing the Guard ... Associate Dean for Academic Affairs: Associate Dean Sandra Guerra Thompson will end her tenure as Associate Dean for Academic Affairs at semester’s end (May 2002). Dean Rapoport appointed Professor Seth Chandler to succeed Dean Thompson. New Faculty, starting next Fall (2002): Professors Marcilynn Burke, teaching Environmental Law & Property Law, & Greg Vetter, teaching Intellectual Property Law. ========================================== Law Center Curricular & Program Notes: New ... Institute of Energy Law & Enterprise (Professor Jacqueline Weaver, Director, & Ms. Michelle Foss, Executive Director) will prepare law students, energy industry lawyers and managers, as well as government policy-makers for more competitive global energy markets; Blakeley Advocacy Institute (Professor Peter Hoffman, Director, & Mr. Jim Lawrence, Assistant Director) will promote advocacy skills in Legal Research & Writing, Clinical Legal Education, & Litigation Skills (formerly called Trial Advocacy); and Center for Consumer Law (Professor Richard Alderman, Director, & Ms. Julie Seymour, Executive Director) will promote consumer law initiatives, including the Peoples Law School, the Consumer Law Journal &, this April, will host a conference for consumer law professors. ========================================== Grants: January 25th 2002 - The University of Houston Law Center Clinical Program was approved by the Texas Equal Access to Justice Foundation (TEAJF) for a grant of approximately twenty two thousand dollars ($22,000) for the representation of indigent immigrants, mainly asylum seekers and victims of domestic violence. The funds were part of a larger grant to the YMCA International Services Program (special thanks to Ms. Anne Chandler for her efforts) and Catholic Charities (especially Ms. Anne Amis) which worked jointly with the Law Center Clinic on this proposal. February 5th 2002 - University of Houston Law Center Clinical Program was approved by TEAJF for a grant of fifty five thousand dollars ($55,000) to fund a program of outreach and representation for indigent victims of crime under the Crime Victims Civil Legal Services program. The grant was again part of a larger proposal submitted jointly by the YMCA International Services Program, Catholic Charities and the University of Houston Law Center Clinical Program. Professor Ellen Marrus, Ms. Anne Chandler, and Professor Joseph Vail made presentations to the TEAJF grant committee in Austin on January 15th 2002 in support of the proposals. ========================================== Honorable Mention: The Honorable Professor Lonny Hoffman was quoted January 12th in the El Paso Times regarding the Tigua Indian gambling case in the Fifth Circuit. On January 24th, the Honorable Associate Dean Sandra Guerra Thompson was the featured commentator on National Public Radio’s Morning Edition, discussing the insanity defense in cases like our local Andrea Yates trial. On January 28th, the Honorable Professor David R. Dow was extensively quoted in a Houston Chronicle article about the local “dozing defense lawyer” capital murder conviction now on appeal to the United States Supreme Court. Also on January 28th, the Honorable Dean Nancy B. Rapoport was featured on local Channel 2 TV morning news regarding the Enron bankruptcy proceedings, and again on February 4th’s Channel 2 TV morning news regarding former Enron CEO Ken Lay’s withdrawal from scheduled congressional testimony that day, and was quoted in a February 12th Houston Chronicle article on possible criminal proceedings and the Enron bankruptcy. The Honorable Professor Joseph Vail was quoted on December 26th 2001 in the Houston Chronicle on the legality of an INS deportation of a minor from Honduras while his case was being appealed, and on February 2nd in the New York Times on the Attorney General’s proposed regulations to restructure the Board of Immigration Appeals and the appeals process for immigrants in deportation proceedings. The Honorable Professor Jordan Paust spoke during the month on Canadian Public Radio and was quoted (and misquoted) in several other media. The Honorable Associate Dean Sandra Guerra Thompson was interviewed by CBS News Radio and the Dallas Morning News about the Andrea Yates trial. The Honorable Professor Peter Linzer appeared on Channel 8's Midday, discussing pornography, particularly on the Internet. The Honorable Professor Geraldine S. Moohr appeared on Channel 11 to discuss Enron's liability for shredding documents, and was interviewed for and quoted in a Houston Chronicle story by Bill Murray about the criminal liability of Enron officers and the company. The Honorable Professor Douglas Moll discussed various Enron developments on local Fox 26 News, on local KUHT Channel 11 News, and on National Public Radio. The Honorable Professor Laura Oren was interviewed by local Channel 26 Fox News regarding the dual-sovereigns doctrine and double jeopardy following Robert Angleton’s state murder-for-hire acquittal and subsequent federal indictment on the same charge, plus conspiracy and firearms violations. The Honorable Foreign & International Law Librarian Timothy Mulligan was interviewed on February 14th by Bob Buzzanco on KPFT (90.1 FM) radio’s "Progressive Forum," promoting the National Day of Solidarity on February 20th and addressing civil liberties threats posed by recent government actions against immigrants. The Honorable Joseph Sanders was interviewed by telephone by a Dutch news reporter about effects of Texas Tort Reform, ‘though further details of the interview remain shrouded in mystery. ========================================== By way of apology to Professor L. Hoffman for missing his Faculty Focus contribution last month (January 2002), we begin with that: Professor Lonny Hoffman published an op-ed piece regarding military tribunals in the Texas Lawyer, "Let the Judicial System Do Its Job," (December 10, 2001, p. 47). Prof. Hoffman also organized the student symposium on Enron, "In the Shadow of the Giant's Fall," which was held in the Law Center’s Krost Hall on February 12th. Prof. Hoffman was interviewed by the Washington Bureau Chief for the Croatian News Agency - HINA, regarding potential litigation in the United States against an American medical device manufacturer. The article quoting Prof. Hoffman appeared in late December, although the article apparently was published only in Croatian, so we have little idea what it says. All Croatian-speakers should contact Prof. Hoffman (713-743-5206; lhoffman@uh.edu) for the web link. Professor Seth Chandler delivered the "John von Neumann Visiting Lecture" at the University of Calgary on Foggy Game Theory & the Structure of Legal Rules. Prof. Chandler’s presentation was attended by students and faculty from the law school and the computer science department. Prof. Chandler also gave an informal presentation to the computer science department on a work in progress provisionally titled "Simpler Games: Using Cellular Automata to Study the Effect of Law on the Evolution of Norms." Prof. Chandler also attended a program on law school accreditation put on by the American Bar Association in Chicago. Adjunct Professor David Cunningham spoke on “Federal Sentencing” at the South Texas College of Law’s recent CLE program on Aggressive Representation in Criminal Court. Professor David Dow’s letter, “Ashcroft, Lindh, & a Charged Case,” was published February 7th in the New York Times. Professor Sanford Gaines’ article, "Triangulating Sustainable Development: International Trade, Environmental Protection, and Development," is just now appearing in the Environmental Law Reporter; It will also appear as a chapter in a book on sustainable development due out this summer from the Environmental Law Institute. Prof. Gaines also published "The WTO's Reading of the GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures” at 22 University Pennsylvania Journal of International Economic Law 739, and the chapter "The Free Trade Area of the Americas: Lessons from North America" in The Greening of Trade Law: International Trade Organizations & Environmental Issues (Richard Steinberg, ed; (Rowman & Littlefield, 2002). Prof. Gaines has chapter contributions to two other monographs forthcoming. Prof. Gaines will be a panelist at a Columbia Law School Conference on Trade, Sustainability, & Global Governance on March 1st, where he will speak on the reform of trade law on environmental measures controlling how products are made or harvested. His paper will be published in a symposium issue of the Columbia Journal of Environmental Law later this spring. Adjunct Professor Kathy S. Hile spoke December 4th 2001 on “Workers’ Compensation Fraud in Texas” at the Vanliner (Insurance) Company’s annual seminar. Professor Stephen K. Huber will speak March 14-16th at Pepperdine Law School’s Mediation Masters Forum in Malibu, and May 29th to June 2nd at the Law School Admissions Council at the El Conquistador Resort Hotel in Las Croabas, Puerto Rico. Prof. Huber is a founding member of the Houston International Arbitration Club, boasting the following former and current adjunct faculty, Tom Arnold, Doak Bishop, John Bowman, Alan Crain, and Pat Murphy. Also, Prof. Huber was elected by the University of Houston Faculty Senate as an At-Large Member of the University Committee on Committees. Professor Paul Janicke addressed the Baker & Botts’ IP Section lawyers at their February 14th luncheon on the most important decisions by lawyers during patent procurement and the long-term future of patent law as we know it. Professor Craig Joyce has been reappointed to the Board of Editors of H-LAW (the Humanities Social Sciences On-Line discussion network of the American Society for Legal History. Prof. Joyce has served on the board since 1999. In addition, Prof. Joyce continues to chair the University of Houston Law Center’s Facilities Committee, whose current project involves the redesign of Krost Hall to accommodate interim library functions until a new building can be constructed. Prof. Joyce wishes to note that the Law Center owes a special debt of gratitude to redesign subcommittee members Professor Jon Schultz, Michelle Wu, Johnny Rex Buckles, Robert Gonzalez, Gary Hartman, Chris Shield & Teresa Watt, who have worked tirelessly in conjunction with Executive Committee members Professors David Dow & Mary Anne Bobinski. Professor Joan Krause was interviewed by the FDA Enforcement Bulletin in January regarding lawsuits filed against a group of pharmaceutical companies by consumer advocacy groups and by the Nevada Attorney General, alleging that the companies charged inflated prices for their drug products. Professor Peter Linzer testified before a Ohio General Assembly Committee on the constitutionality under the dormant commerce clause of a bill affecting choice of law in certain computer transactions. Professor Ellen Marrus talked on January 29-30th to the University of Houston Graduate School of Social Work on “The U.N. Convention of the Rights of the Child Compared with the Juvenile Justice System in the United States.” On February 15th, Prof. Marrus participated in a Pro Bono Roundtable & planning session at the Houston Bar Association to identify ways to meet the rising legal needs of the poor in Harris County. Adjunct Professor Jani Maselli spoke on January 24th 2002 at a South Texas College of Law CLE seminar entitled Learn Trial Techniques from the Masters - Aggressive Representation in Criminal Court on “Ake v. Oklahoma Motions - How to Secure Funding for an Adequate Defense.” Professor Douglas Moll’s article, "Reasonable Expectations v. Implied-in-Fact Contracts: Is the Shareholder Oppression Doctrine Needed?" was published by the Boston College Law Review at 42 B.C. L. Rev. 989 (2001). Adjunct Professor Kent Newsome published an article entitled "Property Buyers Find Persistence Pays Off When Doing Due Diligence" in the January 25th Houston Business Journal. On January 19th, Prof. Newsome spoke on "Music & Money" at the Texas Film-Making Institute, held at the Rice University’s Media Center and, on January 29th, presented a paper entitled "Planning for Disaster: Casualty Loss & Commercial Leases" at the 2nd Annual Negotiating Leases Conference in Austin. Professor Michael A. Olivas, who has held the Law Center’s William B. Bates Professorship since 1996, has been designated the William B. Bates Distinguished Chair in Law. The Chair is supported by a generous grant from the M.D. Anderson Foundation, which has pledged to raise the Chair’s endowment to $1 million over time. Col. William B. Bates was the UH trustee responsible for establishing the law school in 1949. Prof. Olivas was also elected to serve on the Board of the Mexican American Legal Defense & Educational Fund (MALDEF), headquartered in Los Angeles. Professor Laura Oren’s 1983 Seminar was visited by the Honorable Federal Judge Vanessa Gilmore, a University of Houston Law Center graduate, and Judge Gilmore’s staff attorney, to discuss inmate petitions. Prof. Oren’s seminar was joined by Prof. Marrus’ Criminal Clinic students. Professor Jordan Paust was a final round judge for the American Society's Regional Jessup International Law Moot Court Competition at South Texas College of Law on February 2nd, a panelist on the Garland Walker Inns of Court program February 5th mentioned below (see Schwartz, below), on the President’s military tribunal proposal & the status of captured forces, and a panelist on the Use of Force In Response to Terrorism at Cornell Law School on February 14th. On February 22nd, Prof. Paust participated in a panel discussion at the University of Houston Law Center on the International Criminal Court. On February 27-28th, Prof. Paust will be a presenter at the Federal Judicial Center's Conference for Federal District Judges in New Orleans, addressing the Bush Military Commission Proposals. Prof. Paust’s essay on “Antiterrorism Military Commissions: Courting Illegality” was accepted for publication this month by the Michigan Journal of International Law, (a very foreshortened version of which appears at 10 A.S.I.L Newsletter No. 2 (2002) pp. 3f) and Prof. Paust’s essay on “Human Rights Responsibilities of Private Corporations” was accepted for publication by the Vanderbilt Journal of Transnational Law. Adjunct Professor David J. Pittman spoke to the ERISA Industry Group of Houston at its January 12th meeting on "Catch-Up Contributions Without Being Fried: Cutting the Mustard under the Proposed 414(v) Regulations." Dean Nancy B. Rapoport will receive an Distinguished Alumni Award from (and at) Rice University on May 11th 2002, along with other Rice dignitaries, such as Chief White House Counsel Al Gonzalez. Also, Dean Rapoport published "Enron: You Can't Tell the Players Without a Program" in JURIST - The Legal Education Network: JURIST Forum, February 4th (http://jurist.law.pitt.edu/forum/forumnew45.php). Adjunct Professor Herbert Schwartz, USAF Lt. Col. (Ret.) and former JAG/Military Trial Judge, moderated a debate/discussion for the Garland Walker Inns of Court on February 5th on the President’s military tribunal proposal & the status of captured forces. Prof. Schwartz also provided a history of U.S. military tribunals and issues regarding POW status vrs. unlawful combatants. Associate Dean Sandra Guerra thompson will be attending the first Advisors’ Meeting on the American Law Institute's Model Penal Code -- Sentencing Project in Philadelphia on February 22nd -24th. Professor Ronald Turner discussed the impact of Enron's demise on employee 401(k) plans at the symposium February 12th presented by the University of Houston Law Center and the Corporate and Taxation Law Society in Krost Hall. Professor Joseph Vail will speak at the Garland Walker Inns of Court on immigration law and the proposed changes in the law after the September 11th World Trade Center tragedy and, in New Orleans on March 22nd, to the Texas Chapter of the American Immigration Lawyers Association on the deportability of lawful permanent resident aliens with criminal convictions. Professor Jacqueline Weaver discussed energy markets before, during and after Enron at the symposium February 12th presented by the University of Houston Law Center and the Corporate and Taxation Law Society in Krost Hall. Professor Stephen Zamora will speak to the Texas Bar Association’s International Law Section on February 22nd at the Houstonian on "Dispute Settlement in International Trade & Investment." Also, Prof. Zamora will serve on a planning committee for an international conference to be jointly sponsored by the AALS and the European Law Faculties Association, to be held in 2003, and will likely take place in Spain. Rod Borlase, Editor |