September  2002

Butler Research Professor Announcement:    Dean  Nancy B. Rapoport  announced July 18th that  Professors  Ronald Turner  &  Douglas Moll   will be next year’s  Butler Research Professors.

Dean Nancy B. Rapoport announced that  Professor Douglas Moll  was named a  Fulbright Senior Specialist , joining  Law Center Professors  Thomas Oldham  and  Lonny Hoffman  in that honor.  Fulbright Senior Specialists are matched with organizations, often outside of the U.S., seeking expertise in particular areas.

Professor  Michael A. Olivas  was named  Associate Dean for Student Life  by Dean Nancy B. Rapoport.

The  University of Houston Law Center’s Institute for Energy, Law & Enterprise  (“Energy Institute”)  participated in the  International Association for Energy Economics Conference  in Aberdeen, Scotland in June.   Institute Director  Michelle Michot Foss  chaired a co-plenary session on  U.S. Energy Regulation  with  Donald Santa  (Partner, Troutman Sanders,  &  former member, U.S. Federal Energy Regulatory Commission),  Shirley Neff  (Senior Economist, U.S. Senate Committee on Energy & Natural Resources),  Brett Perlman  (Commissioner, Public Utility Commission of Texas).   Director Foss presented two papers, along with  Dr. Gurcan Gulen,  “Mean Reversion  &  Volatility in Energy Prices:  Implications for Policy”  and  “Real Time Pricing in Electricity Markets.”   Director Foss  is president-elect of IAEE for 2003.

The  Energy Institute  also hosted the  U.S.-China Oil & Gas Forum  for the  U.S. Departments of Energy  and  of Commerce  July 18-19,  which is our main government-government exchange on key energy and related technology and environment relationships.   This  4th Forum  concerned legal/regulatory frameworks for natural gas market development in China.

The  Energy Institute,  in collaborations with the  Center for Global Studies  at the  Houston Advanced Research Center,  worked on the  Third Edition  to  Guide to Electric Power in Texas,  due out in late July.

Finally, a number of Law Center students worked on  Energy Institute  Projects  this summer, among them:   Barbara Barron  on worldwide regimes for deep water oil and gas exploration,  Angela Tao  on Public Utility Holding Company Act reform and water marketing, and  Meaghan Samuels  on an update to an existing Energy Institute Report on electricity and natural gas liberalization in Europe;  From Bauer College of BusinessRuzanna Markayan  on an update to an existing  Energy Institute  Report  on Russian oil and gas prepared by  Paul GregoryCullen Professor of Economics,  and  Ivan Van der Linde  on new research on energy commodity risk management issues for oil and gas producers.

The Intellectual Property Institute, in the persons of Professors Sandy Gaines, Jordan Paust & Stephen Zamora, announce the arrival  Nita Vandiver Jackson  as  Coordinator of International Programs  at the  University of Houston Law Center.


Honorable Mention: Following President Bush’s July 9th speech concerning corporate responsibility, the  Honorable Professors  Douglas Moll  &  Robert Ragazzo  were extensively quoted the next day (July 10th) in a  Houston Chronicle  front-page story – Prof. Moll was also quoted that day in the  Conroe Courier.  The Honorable Professor  Richard Saver  was interviewed on KPRC-TV (Channel 2)  on July 1st and quoted in the  Houston Chronicle  on July 2nd regarding alleged financial conflicts of interest in a clinical trial of the cancer drug Erbitux conducted at the University of Texas’ M.D. Anderson Cancer Center and current regulations governing financial conflicts of interest at academic medical centers.

          The  Honorable Professor  Jordan Paust  was on  National Public Radio  Aug. 22nd discussing treatment of bodies of Sept. 11th hijackers.


Academy & Colloquium:

Professor  Mary Anne Bobinski   presented a   “Bioethics Update”  to the 26th Annual Health Law Teachers Conference,   sponsored by the  American Society of Law, Medicine, and Ethics,  in Indianapolis, Indiana June 8th, and also talked on  "Legal Aspects of Risky Reproduction in the United States"  at the  14th World Medical Law Congress  in Maastricht, The Netherlands on August 13th.  More locally, Prof. Bobinski conducted a session on  “The New HIPAA Privacy Regulations”  to HIV/STD counselors  August 21st and will present a  “Health Law Update”  to the  Legal Assistant University  September 18th.

Rod Borlase   spoke twice September 20th on  “Fundamental Legal Research Strategies & Tactics”  at State Bar of TexasLegal Assistants Program.  He as recently added the following essays to  Law Library & Legal Research Guides ( ):   “Dress for the Job You Seek,”   “Better Displacement Behaviors:  Self-Help,”  “Job InterviewsDoing what Comes Unnaturally,”   “Job Searching: Your Life’s Biggest ‘Do-It-Yourself’ Project.”

Professor  Johnny Rex Buckles’  latest article, “When Charitable Gifts Soar Above Twin Towers:  A Federal Solution to the Problem of Publicly Solicited Surplus Donations Raised for a Designated Charitable Purpose,”  has been accepted for publication in Fordham Law Review.  An abstract of Professor Buckles' article published last March,  “The Case For the Taxpaying  Good Samaritan:  Deducting Earmarked Transfers to Charity under Federal Income Tax Law, Theory, & Policy,”  has been published in  Tax Law & Policy,  an electronic abstract journal comprising part of the  Social Science Research Network Electronic Library.

Professor  John Jay Douglass  has been appointed by the  President  of the American Bar Association  to a three year term as a member of the  Standing Committee on Armed Forces Law  effective with the ABA meeting in Washington this summer.

Professor  David Dow’s  op-ed article,  “Moral Clarity Replaced by Foggy Ideas About War,”  was published in the  Houston Chronicle  on Sunday, September 8th.

Professor  Meredith Duncan   spoke on July 7th at the  N.A.A.C.P. National Convention  regarding “An Ethical Analysis of Incompetent Criminal Defense Counsel & the Unjust Impact on Clients.”   On July 11th, Prof. Duncan participated in a workshop in Bethesda, Maryland sponsored by the  National Institutes of Health  concerning non-medical uses of genetic information during which she provided her perspective on the current and potential use of genetic information in the criminal law.

Energy Institute Director  Michelle Michot Foss  accompanied the United States delegation, led by DOE Secretary  Spencer Abraham  to Casablanca, Morocco for the  U.S.-Africa Energy Ministerial Meetings  June 3-4,  where  Director Foss  chaired the oil and gas panel and also participated in a panel on sustainable development with  DOE Assistant Secretary Vickey Bailey.

Professor Sanford Gaines  participated in a day-long seminar at the  University of Freiburg  on the Proposed European Environmental Liability Directive, contributing understanding of natural resources damages liability under U.S. environmental law.  In August, Prof. Gaines, who is in summer residence in Germany, went first to Cuba as part of an 18-person group of environmental law professors and lawyers engaged in exchange with legal and regulatory officials in the Cuban government organized by Tulane University, and flew from there direct to Stockholm where he gave two papers at the week-long  11th Annual Environmental Law Seminar  sponsored by the  Nordic Research Association,  the first (August 18th) on trade, environmental protection, and competitiveness, and the second (August 19th) his experiences with  integrating trade and environment issues in the Americas.  Prof. Gaines’ early summer work includes an article, “International Trade, Environmental Protection, & Development”  that will appear shortly in the Review of European Community & International Environmental Law (RECIEL).

Professor  Leslie Griffin  spoke to the  Guam Bar Association  on August 16th and to the  Saipan Bar Association  on August 17th about recent amendments to the  ABA's Model Rules of Professional Conduct.  Earlier in the summer, Prof. Griffin submitted an entry on religious freedom to the new  Encyclopedia of Religious Freedom.

Professor  Steve Huber  spoke in June to a  State Department–sponsored group of law professors and public officials from Kosovo on  international  arbitration and related matters.

Professor Christine Hurt’s  article,  “Network Effects  & Legal Citation:  How Antitrust Theory Predicts Who Will Build a Better Bluebook Mousetrap in the Age of Electronic Mice,”  was published in the  Iowa Law Review  (87 Iowa Law Review 1257 (2002)).  Prof. Hurt's textbook and accompanying website, the  Interactive Citation Workstation  (with McGaugh & Holloway, Lexis L. Publishing 2002) was very favorably reviewed in the  Law Library Journal  by Asst. Prof. Linda G. Brakeall of the University of Southern Florida, and was compiled in  “Legal Reference Books Review”  by Diana C. Jacque & Lee Neugebauer, 94 Law Library Journal 315 (2002), calling the book  “coherent,”  “useful,”  & “impressive,”  &  ending with the statement, “Only dentists will suffer as teeth-gnashing at law schools across the land will surely decline.”

Prof. Hurt's article,  “Counselor, Gatekeeper, Shareholder, Thief:  Why Attorneys Who Invest in Their Clients in a Post-Enron World are ‘Selling Out,’  Not ‘Buying In’,”  has been accepted for publication in volume 64 of the Ohio State Law Journal.

Professor Paul Janicke chaired the  2nd Annual Conference of Intellectual Property Professors  in Santa Fe in May, and spoke on patent law developments  San Francisco Intellectual Property Law Association's  Annual Seminar  in Phoenix(!).  Prof. Janicke also taught a two-week  Patent Law Course  at the  University of Amsterdam,  as part of  Tulane University’s  summer program.

Professor  Craig Joyce  published a 1,270-page supplement to his nationally most-adopted Copyright casebook.  In his capacity as  Chair of the Law Center’s  Facilities Planning & Policy Committee,   Prof. Joyce oversaw completion of the 14-month post-Allison reconstruction of  Bates Ground Floor  and transformation of the law library’s sub-basement into a new  Student Organizations Suite.

Professor  Joan Krause’s article, “ ‘Promises to Keep’:  Health Care Providers & the Civil False Claims Act,” was published in March,  23 Cardozo Law Review 1363.  Prof. Krause spoke June 7th on  “Reconceptualizing Fraud & Abuse”  at the  American Society of Law, Medicine & Ethics’  Health Law Teachers Conference  in Indianapolis and, at the same Conference on June 8th, led a   Roundtable Discussion on Teaching Issues,  and was interviewed July 2nd by the Daily Texan  regarding allegations of the illegal brokering of body parts at University of Texas Medical Branch in Galveston.

Professor  Bryan A. Liang  published a Comment,  “Patient Threats Present an Ethical Dilemma for the Anesthesiologist,”  46 Survey of Anesthesiology 201 (2002) and the following articles this summer,   “Patient Information Privacy:  HIPAA Provisions & Patient Safety Issues,”  38(7) Hospital Physician 43 (2002)   and, with Karen Coulson as co-author,  “Legal Issues in Performing Patient Safety Work,”  20(3) Nursing Economics 118 (2002);   with Doctors John Bramhall & Bruce Cullen,  “Which Syringe Did I Use? Anesthesiologist Confusion & Potential Liability for a Medical Error,”  15(5) Journal of Clinical Anesthesia 371 (2002);   with Doctors Fatma Inanici, & Muhammad B. Yunus,  “Fibromyalgia Syndrome: Diagnosis & Management,”  38(8) Hospital Physician 53 (2002); and  with Doctors Sheila A. Dugan, Kevin P. Sullivan,  &  Denise A. Frost, PT,  “An Active & Cost-Conserving Approach to the Management of Low Back Pain,”  38(10) Hospital Physician (2002) (forthcoming).

Prof. Liang also spoke at the  10th Ottawa Conference on Medical Education  (July 13-16th) on  “Foundational Precepts in Safety:  Beginning the Process for Implementing a Safety Curriculum”  and, on July 16th, at the  Southern Illinois University School of Medicine’s  Department of Medical Education  in Springfield, Illinois, on   “A Patient Safety Curriculum:  Application of Principles for Undergraduate & Graduate Medical Education.”  On August 11-15th, Prof. Liang spoke at the  World Congress in Medicine & Law  in  Maastricht (Netherlands) on  “Themes for a System of Medical Error Disclosure to Promote Patient Safety.”   On October 9th-13th, Prof. Liang will speak at the  Academy of Dispensing AudiologistsAnnual Meeting  in Palm Springs on  “Law, Fraud and Abuse, & Professional Ethics.”

Prof. Liang’s editorial, advisory and grant review commitments include the  Legal Advisory Council MeetingNational Legal Center for the Public Interest, New York, September 19th, the  Journal of Clinical Anesthesia Editorial Board Meeting  &  Survey of Anesthesiology Editorial Board MeetingAmerican Society of Anesthesiologists  (Annual Meeting), Orlando, October 11-16th, and the  Research Program Committee Review of Grant Proposals, National Patient Safety Foundation,  Chicago, October 27th.

Professor  Peter Linzer   is feverishly completing an article that he was asked to contribute to the Fordham Law Review’s  Festschrift in honor of Joseph M. Perillo,  who is retiring from the Fordham faculty after about forty years.  Prof. Perillo is the co-author of a well-known contracts hornbook, and the general editor of the revised edition of  Corbin On Contracts,  to which Prof. Linzer is writing Volume Six, dealing with the parol evidence rule, implied terms and other matters of contract interpretation.  Other contributors to the  Perillo Festschrift  include  Allan Farnsworth of Columbia,  Mel Eisenberg of Berkeley,  Dick Speidel of Northwestern and  Randy Barnett of BU.   Prof. Linzer’s topic is the psychology of the parol evidence rule and its involvement with formalism.  Prof. Linzer is the  Chair of the American Association of Law Schools’  Contracts Section, whose chosen the topic is  “Teaching Contracts Transactionally,” and has put together a panel with five speakers who will describe how they use transactional materials in their courses; in addition, there will be a 45 minute plenary session at which members of the audience will be encouraged to put forth their ideas, whether in response to the speakers or not.  The program will be published in the Toledo Law Review.  Prof. Linzer has also been asked to be a commentator at the Remedies Section’s program, which will discuss current proposals for restitution for African-American slavery, respecting a pending lawsuit demanding restitution as a matter of right.

Professor  Ellen Marrus’ op-ed article,  “Executed Texan Lived & Died in Wrong State”  was published May 31st in the  Houston Chronicle (p. 45A).  Prof. Marrus, along with Frank Birchak, planned the first  Southwest Regional Juvenile Defender Conference  which was hosted by the Law Center in June.  Prof. Marrus presented a short version of her article entitled “Best Interests = Zealous Advocacy:  A Not So Radical View of Holistic Representation for Children Accused of Crime”  at the conference.  Prof.  Marrus' article has been accepted for publication by the University of Maryland Law Review.   The  Southwest Regional Juvenile Defender Center  has received another  $13,000 in funding from the  Soros Foundation  via the  American Bar Association's  Juvenile Justice Center.

Professor  Geraldine S. Moohr presented a paper June 30th,  “From Misappropriation to Theft:  A Story of Expanded Property Rights in Information,"  to the  Law & Society Conference  in Vancouver, BC.  A panel on property issues was chaired by Dorothy Brown, and included papers by  Ron KrotoszynskiDan Cole,  and  Russell Weaver.  Prof. Moohr participated July 20th in a Roundtable discussion on law review publishing the annual  Southeastern Conference  of the American Association of Law Schools.

Reference Librarian Maryellen O’Brien’s article, “The Uniform Computer Information Transactions ActA Fatal Blow for Libraries,” was published in NYSBA and is available online at:

Professor Thomas Oldham  published the 30th Supplement to his treatise,  Divorce, Separation & the Distribution of Property  and wrote the 4th edition to his  Texas Marital Property Rights,  which should appear this fall.  In August, Prof. Oldham attended the  International Society of Family Law Conference  (I.S.F.L.)  in Copenhagen and participated on a panel discussion about regulation of unmarried partners.  Prof. Oldham has been named to the  Planning Committees  of both, the  I.S.F.L.’s   2003 Conference  in Oregon and the  2005 International Conference  in Salt Lake City, and has been designated the  University of Houston Law Center’s  Planning Committee Representative  for the  2003 Southeastern American Association of Law School’s  Annual Conference.

Professor Michael A. Olivas  delivered a lecture at the  University of Wisconsin-Madison  on 9/11’s effect upon colleges, where he reviewed the many new laws and regulations that govern international students, including his favorite, the Amendments to the Aviation and Transportation Security Act, § 113, which requires aviation schools to report any foreign national from certain nations to be reported to the FBI if they want to be trained on planes that weigh more than 2500 lbs.  Watch out for stripped down Piper Cubs and Cessnas !!

Professor  Jordan Paust’s  essay,  “Antiterrorism Military Commissions:  The Ad Hoc DOD Rules of Procedure,”  was published at  23 Michigan Journal of International Law 677 (2002).  Prof. Paust’s NPR comments – See above, Honorable  Mention – were published on the  National Institute of Military Justice  website  under the title,  “Judicial Power to Finally Determine the Legal Status of Detainees under International Law.”

Dean  Nancy B. Rapoport  was interviewed by Reporter John Hockenberry (NBC Television’s  Dateline; local Channel 2) for 2 hours in June  -- Air-date not yet set.  Dean Rapoport spoke on  “Mega-Cases”  at the  Southwest American Bankruptcy Institute Conference  in Las Vegas September 14th, serves on the  Texas Gender Fairness Task Board,  and is a new Board Member for the  Houston World Affairs Council.

Professor  Richard Saver  was panel moderator for a presentation on  Genetics, Biotechnology & Research Regulation  to the  American Society of Law, Medicine, & Ethics’  Annual Health Law Teachers’ Conference, held June 6th-8th at the  Indiana University  School of Law  in Indianapolis.  In August, Prof. Saver lectured on  “Legal Issues for Geriatric PatientsAdvance Directives”  to University of Houston pharmacy and University of Texas medical residents and students at the  University of Texas Medical Center (Houston).

Professor Robert Schuwerk treatise on Texas legal ethics and attorney tort liability will be published this fall by Thompson-West (formerly West Group; formerly West Publishing Company)

Professor  Ira B. Shepard  moderated the  Tax Controversy Workshop  for the Houston Bar Association’s  Houston Volunteer Lawyers’ Low Income Tax Clinic June 11th,  spoke on  Recent Developments  each month to the  Wednesday Tax Forum, and gave  annual overviews of income tax developments  at the American Institute on Federal Taxation  in Birmingham June 13th and the  Denver Tax Institute  on July 25th.  Prof. Shepard’s recent developments outline, which he maintains with Professor Martin J. McMahon, Jr., covers 2001 developments and was published at  5 Florida Tax Review 627-775 (2002).

In September, Prof. Shepard will be make presentations on recent developments in income taxation to the  Houston Tax Roundtable (September 18th), to the State Bar of Texas’  Advanced Tax Course (September 19th), to the American Petroleum Institute Capital Cost Recovery Committee  (also September 19th),  and to the Southern Federal Tax Institute (with Marty McMahon) in Atlanta  23rd.   In addition, Prof. Shepard’s recent developments outline will be used in the near future at the  Mississippi Tax Institute,  the  Arizona Tax Institute, and at the  Chamberlain Hrdlicka law firm tax conference.

Prof. Shepard serves as Chair of the University of Houston Transportation & Parking Advisory Committee, as a  Member of  Council  of the  Houston Bar Association Tax Section,  and as a  Planning Committee Member  for the  University of Texas Tax Conference.

Adjunct Professor  Herbert T. Schwartz was recently appointed to the  Board of Directors  of the  Be An Angel Fund, Inc.,  a charitable foundation for the benefit of profoundly disabled children.

Professor  Ronald Turner's  article  “When the Court Makes Law & Policy (With Special Reference to the Employment Arbitration Issue),”  was published at 19 Hofstra Labor & Employment Law Journal 287 (2002).

Professor  Jacqueline Weaver   completed a paper on “Sustainable Development in the Petroleum Industry” for a book to be published by the International Union for the Conservation of Nature,  and participated in a  Conference on Energy, Terrorism & Technology  sponsored by the  Foundation for Research on Economics & the Environment  in Bozeman, Montana for 5 days in early August, along with 12 federal judges and one other law professor.  Speakers included Professors Thomas Schelling from Maryland;  Prof. Phil Heymann from Harvard Law; and  Prof. David Sands, a plant geneticist from Montana State University.

Acting Law Library Director  Michelle Wu’s  article, co-authored with Leslie Lee and entitled “Do Librarians Dream of Electronic Serials,” was published at 15(3) Law Library Journal 102 (2002).  Director Wu’s contribution (Chapter on the District of Columbia) to  State Practice Materials: Annotated Bibliographies  (William S. Hein, 2002; AALL Publication Series No. 63)  has been submitted for inclusion, and another article, also co-authored with Leslie Lee,  “Department of Justice: A Selective Compilation of Internet Resources,"  has been submitted to  Legal Reference Services Quarterly.

Professor  Stephen Zamora  recently hosted a luncheon for Mexico City  Law Center alumni  at a luncheon honoring the  General Counsel of Pemex  and celebrating our 15 years of cooperation with that agency.  Energy Institute Director  Michelle Foss  co-hosted the luncheon and made a presentation about the Law Center’s  Institute for Energy, Law & Enterprise.

Rod Borlase, Editor