Faculty Focus is a monthly publication documenting the activities, accomplishments, and honors of the University of Houston Law Center Faculty.


November 2014


Editor, Katy Stein Badeauxkastein@central.uh.edu


Previous editions of Faculty Focus can be accessed here.



Leonard M. Baynes attended eight alumni receptions during his first months in office, including a welcoming event in Houston before traveling to Austin, San Antonio, Dallas, and New York. He also met with smaller groups of alumni and supporters. Dean Baynes also helped plan and participated in the National Bar Association’s 25th Annual Wiley A. Branton Issue Symposium with the theme of “Education: The New Civil Right.” The symposium took place on October 10, co-sponsored by UHLC and the Ronald H. Brown Center at St. John’s University School of Law in New York, and Dean Baynes moderated a panel on the “Law School Bubble.” On November 4, Dean Baynes joined Donald J. Guter, president and dean of South Texas College of Law, Judge Edith Jones and Judge Jeff Bohm in a panel discussion on “The Changing Landscape of Legal Education” hosted by the Garland Walker American Inns of Court. On November 7, Dean Baynes served as the keynote speaker at the UHLC Black Law Students Association Annual Dinner.


Janet Beck gave a presentation on “Marital Problems” at the annual University of Texas Immigration Law Conference. She was also on a panel regarding human trafficking at the UH Graduate School of Social Work.


Aaron Bruhl was elected to the American Law Institute in October. On October 31, he served as moderator of the Houston Law Review's annual Frankel Lecture, which featured comments from Professors William Eskridge (Yale), Nan Hunter (Georgetown), and Jane Schacter (Stanford). Finally, a review of Professor Bruhl’s latest article was recently featured on JOTWELL and is available at http://courtslaw.jotwell.com/.


David R. Dow was the keynote speaker at the 10th annual symposium on restorative justice and the death penalty held at Utah Valley University in Orem, Utah, on October 23rd. His topic was “Who Benefits When the State Executes?”. His most recent book, Things I’ve Learned from Dying, has just been published in translation in China and Korea. 


Barbara Evans submitted her revised article for the Petrie-Flom/FDLI October symposium, to appear in a special issue of Food and Drug Law Journal. She provided a chapter for Nudging Health: Health Law and Behavioral Economics (I. Glenn Cohen & Holly Fernandez Lynch, eds., Johns Hopkins Press, forthcoming 2015-16). Her chapter in FDA in the 21st Century: The Challenges of Regulating Drugs and New Technologies cleared peer review this month and is in production at Columbia University Press. She has been invited to write an article on data ownership for Harvard Health Policy Review. She is assisting a national cancer advocacy group that is helping its members learn how to request their genomic data under the new HIPAA data access right that went into effect October 6. She was asked to join an American Society of Human Genetics work team developing comments on FDA’s recently proposed framework for regulating lab-developed tests. She is preparing public comments on the long-awaited NIH/HHS proposed rule on Clinical Trial Data Sharing, which implements Title VIII of the 2007 FDAAA statute. On November 13, she gave a talk at Baylor College of Medicine and she will address the Public Responsibility in Medicine and Research (PRIM&R) annual meeting in Baltimore next week. She attended the yearly meeting of the multi-institutional team with which she has been working on the NIH-funded PoliSeq study.


Tracy Hester published his article Environmental Action in the 114th Congress:  Movement at the Margins in Trends, the monthly law newsletter for the ABA’s Section on Environment, Energy & Resources. He had his first meeting as a new member of EPA’s National Advisory Committee on NAFTA on October 23, and he coordinated and assisted with a panel on environmental legal job opportunities for all Houston law students hosted by the State Bar of Texas’ Section on Environmental and Natural Resources Law on November 5. Professor Hester met with a delegation from Tanzania’s National Environmental Management Council to review environmental issues and policies for development of oil and gas resources on November 5, and he led a group of environmental law students on a kayak tour of Armand Bayou on October 24 to explore wetlands and water quality concerns first-hand with the Galveston Bay Foundation’s advocacy director.


Geoffrey Hoffman spoke at a lunch held jointly by ACLU and PILO student groups on unaccompanied minors and about his trips to Karnes Detention Center. Professor Hoffman also served as a volunteer attorney and supervised immigration clinic students during a DACA clinic with Own the Dream and local volunteer attorneys at the Baker Ripley Center in South Houston. Professor Hoffman spoke about domestic violence asylum and other topics on a panel during an Aid to Victims of Domestic Abuse (AVDA) CLE held at UHLC in mid-November.


Craig Joyce attended the American Society for Legal History’s Annual Meeting in Denver, where he reported to the Society’s Board as chair of the Committees on the Annual Meeting and the History of the Society. The “HOTS” Committee is charged with capturing and preserving the history of the history society. The Annual Meetings Committee is charged with continuing the viability of ASLH’s annual meetings tradition of excellence in the face of current higher education financial constraints. The “Craig Joyce Award for Distinguished Service” was presented to Thomas A. Green of the University of Michigan, long-time editor of the Society’s Studies in Legal History series.


David Kwok’s paper, “Fair Competition and False Claims in Off-Label Marketing,” was selected by the AALS Section on Law, Medicine & Healthcare for presentation at the 2015 AALS Annual Meeting in D.C. as part of its “Works in Progress for New Law Teachers.”


Douglas Moll was invited to participate (and did participate) on two panels at the ABA’s LLC Institute in Washington, D.C. in October. The first panel involved the Delaware USACafes decision, and the second panel addressed family business disputes.  Professor Moll also submitted his solicited manuscript, Shareholder Oppression and the New Louisiana Business Corporation Act, to the Loyola Law Review.


Gerry Moohr’s essay, White Collar Crime Goes to the Movies, was published by the Ohio State Journal of Criminal Law. She had presented the essay at the 2013 SEALS conference.


Michael A. Olivas presented several talks on immigration law and higher education law: at UCLA, he presented a workshop and conference Keynote Lecture, “The Undocumented and the DACA-mented: State and Federal Immigration-related Litigation and Legislation Concerning Higher Education.” He spoke on the same subject at Michigan State University and at the MSU School of Education. For AALS, he chairs the Committee on Academic Freedom and Tenure, and met with the Executive Committee in DC to discuss restructuring CAFT. He also spoke at the American Immigration Council on DACA and State Law.


D. Theodore Rave on November 7 presented a draft of his paper, When Peace Is Not the Goal of a Class Action Settlement, at NYU School of Law as part of the NYU Center on Civil Justice’s conference on The Future of Class Action Litigation: A View From the Consumer Class.


Greg Vetter was an invited presenter on This Week in Law (http://twit.tv/show/this-week-in-law/280), a law and technology video‑cast news program discussing intellectual property law topics, on the TWiT.tv Netcast Network.  Professor Vetter also moderated/hosted the 21st Annual Ronald A. Katz Family Foundation Fall Lecture, put on by the Law Center’s Institute for Intellectual Property and Information Law (IPIL) on November 5, 2014.  Professor Vetter also authored a guest blog post concerning patent law:  Oral Argument in Teva v. Sandoz: Patent Law Exceptionalism and Judicial Process (http://hamilton-griffin.com/guest-blog-greg-vetter-oral-argument-in-teva-v-sandoz-patent-law-exceptionalism-and-judicial-process) posted on the blog Hamilton and Griffin on Rights.


Jacqueline Weaver participated in a two-day conference in Quito, Ecuador on October 16 and 17 that presented lectures to and engaged in dialogue with members of the Ministry of Hydrocarbons of Ecuador. She spoke on “Best Practices in Health, Safety and the Environment (HSE) in Exploration and Production.” The conference was organized by Ricardo Colmenter of Entra Consulting and Weatherford International and addressed “The Law and Practices of Upstream Oil and Gas Development: Challenges for Ecuador.” Other speakers included Julian Cardenas, a former Andrews Kurth Energy Law Scholar at the UHLC from 2012-2014, and now an adjunct professor at the Law Center. She also lectured on “The Oil & Gas Lease: Function and Classification” and on “The Oil & Gas Lease: Defining the Duration” at the Oil and Gas Law Short Course; Rocky Mountain Mineral Law Foundation CLE program in Houston on October 20, 2014.


Bret Wells engaged in a debate with Raffic Barage, an international tax partner with the Washington office of Baker & Mackenzie over Professor Wells’ forthcoming article entitled Revisiting §367(d): How Treasury Took the Bite Out of Section 367(d) and What Should Be Done About It,  ___ Florida Tax Rev. ___ (2015).  The debate was held on November 6 at Georgetown Law School as part of their Graduate Tax Program’s Speaker Series.  On November 12, Professor Wells spoke on "Tax Policy Concerns and Regulatory Responses related to Corporate Inversion Transactions” at the Houston Tax Roundtable. Professor Wells' recently published article entitled Corporate Inversions and Whack-a-Mole Tax Policy, 143 Tax Notes 1429 (June 23, 2014) was distributed as part of that presentation.


Tasha Willis spoke at the 10th annual Texas Mediator Credentialing Association conference on October 25 on the "the best way to utilize all styles and techniques within one mediation.” While at the conference she was also elected to her second term as the educational representative on the TMCA board.


Allison Winnike spoke on quarantine and isolation law in Texas at the “Ebola Workshop: Preparing for Public Health Emergencies” event sponsored by the Health Law & Policy Institute. The presentation highlighted the work she recently completed in the updated Control Measures and Public Health Emergencies: A Texas Bench Book, which was provided to the approximately 70 workshop attendees. She also gave a presentation on the history of immunization law in the United States for the Network for Public Health Law’s webinar on “Immunization Laws: Impact of Non-Medical Exemptions.” On October 31st she traveled to Austin to participate in the Texas Medical Board Telemedicine Stakeholders meeting to discuss possible modification of current telemedicine regulations. She has recently accepted an invitation to speak on public health law at the Texas Public Health Association’s 91st Annual Education Conference (co-hosted by the Texas Department of State Health Services) in February.


Kellen Zale spoke on urban development legislation as an invited panelist at the Maine Law Review Symposium, "Connecting Law & Legislature: The Legacy of Ed Muskie," at the University of Southern Maine on November 15, 2014. The symposium brought together academics and policy-makers, including former Secretary of State Madeleine Albright, for a discussion of the Senator's legacy.