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.

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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.

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Grants:

January 25^th  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 5^th  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 15^th  2002 in support of the proposals.

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Honorable Mention:          The  Honorable Professor  Lonny Hoffman  was quoted January 12^th in the  El Paso Times  regarding the Tigua Indian gambling case in the Fifth Circuit.  On January 24^th, 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 28^th, 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 28^th, the  Honorable Dean Nancy B. Rapoport  was featured on local  Channel 2 TV morning news  regarding the Enron bankruptcy proceedings, and again on  February 4^th’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 12^th  Houston Chronicle article on possible criminal proceedings and the Enron bankruptcy.   The  Honorable Professor  Joseph Vail  was quoted on December 26^th 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 2^nd 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 14^th by Bob Buzzanco on KPFT (90.1 FM) radio’s  "Progressive Forum,"  promoting the  National Day of Solidarity on February 20^th 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.

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                   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 12^th.   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 7^th 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 1^st,  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 4^th 2001 on  “Workers’ Compensation Fraud in Texas”  at the  Vanliner (Insurance) Company’s  annual seminar.

          Professor  Stephen K. Huber  will speak March 14-16^th at  Pepperdine  Law School’s  Mediation Masters Forum  in Malibu, and May 29^th to June 2^nd 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 14^th 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 29-30^th 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 15^th, 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 24^th 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 25^th  Houston Business Journal.   On January 19^th,  Prof. Newsome spoke  on  "Music & Money" at the  Texas Film-Making Institute,  held at the  Rice University’s Media Center  and,  on January 29^th,  presented a paper entitled  "Planning for Disaster: Casualty Loss & Commercial Leases"  at the  2^nd 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 2^nd,  a panelist on the  Garland Walker Inns of Court  program February 5^th 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 14^th.    On February 22^nd, Prof. Paust participated in a panel discussion at the  University of Houston Law Center  on the International Criminal Court.   On February 27-28^th,  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 12^th 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 11^th 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 4^th  (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 5^th 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 22^nd -24^th.

          Professor  Ronald Turner  discussed the impact of Enron's demise on employee 401(k) plans at the symposium February 12^th 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 11^th  World Trade Center tragedy and, in New Orleans on March 22^nd, 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 12^th 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 22^nd  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