Albertus Accolades

June 2016

Editor, Katy Stein Badeaux • Access previous editions of Albertus Accolades here.

Albertus Accolades is a monthly publication documenting the activities, accomplishments, and honors of
the University of Houston Law Center faculty and staff.

Leonard Baynes hosted a Celebration of Faculty Scholarship and introduced Richard Whiteley, President of UHLC Alumni Association, on May 6 in the Albertus Room, after the monthly Faculty Meeting. On May 11, Dean Baynes participated in a Panel of Law School Deans at the 5th Circuit Judicial Conference in Houston at the JW Marriott to discuss law school tuition discounts and competitive renewal scholarships. Dean Baynes hosted a reception for FCC Commissioner Mignon Clyburn on May 17 in the Hendricks Heritage Room at the Law Center.  Dean Baynes also participated in and gave welcoming remarks at the “Broadband Prescriptions for Mental Health” Conference, which is part of the FCC’s Connect2Health Task Force’s Beyond the Beltway Series, on May 18 at the Law Center. On May 19, Dean Baynes spoke on “The Law Center’s Vision and New Building” to the Kiwanis Club of Houston at the Forest Club. Dean Baynes was the Kellis Parker keynote speaker at the Northeast People of Color Conference at Touro Law Center in New York, on May 20-22. The title of his presentation was “Inclusive Academic Leadership: A Journey from Queens to Houston.” At the end of the month, Dean Baynes attended the 2016 ABA Law School Development Conference in San Diego from May 31-June 3.

David R. Dow’s article Is the ‘Arising Under’ Jurisdictional Grant in Article III Self-Executing? will be published in the William & Mary Bill of Rights Law Review. His review of Robin Conley's book, Confronting the Death Penalty, will appear in the Ohio State Criminal Law Review. On June 7, he argued before the U.S. Court of Appeals for the Fifth Circuit on behalf of the Petitioner-Appellant in Christopher Young v. Lorie Davis, No. 15-70023.

Barbara Evans has been tapped to co-chair the Privacy, Confidentiality, and Security (PCS) activities of the U.S. National Committee on Vital and Health Statistics (NCVHS). The PCS subgroup monitors major developments affecting data privacy/ownership, makes policy recommendations to the Secretary of Health and Human Services, and assists the Department in its administration of the privacy and security provisions of the HIPAA statute. On June 2, Professor Evans participated in a precision medicine initiative workshop at the White House and also had the book launch for Hearing Health Care for Adults, a 365-page Institute of Medicine report she co-authored. She met on June 1-3 in Washington with the National Academies of Science, Engineering, and Medicine’s (NASEM) Committee on Future Biotechnology Products, which is assessing the Coordinated Framework that apportions biotech regulatory authorities among FDA, EPA, and USDA. The NASEM committee reconvenes in San Francisco on June 27-28. On June 9, Professor Evans taught Biotech Law in the UH prelaw pipeline program. She attended NCVHS meetings and hearings in Washington on June 13-16. Professor Evans is part of the 21-member expert panel analyzing legal issues in genome sequencing under the NIH-funded LawSeqTM project (Susan M. Wolf, Ellen Wright Clayton, Frances Lawrenz, PIs), which begins a multi-year study this month. Her book chapter (co-authored with Dr. Eric Meslin, President of the Council of Canadian Academies) went to press in Specimen Science (MIT Press, forthcoming 2016). Her commissioned paper on consumer-driven data commons is featured this month on the Robert Wood Johnson Foundation’s Health Data Exploration Project web site, Professor Evans will deliver the keynote address at a meeting entitled Critical Studies of Citizen Science to be held at King’s College London. She will be a visiting scholar at FDA’s medical device division during August.

Janet Heppard and Tasha Willis presented “Families in Flux and Shifting Legal Rights” at the International Society of Family Law North American Regional Conference: Family Realities and Family Law in May. The program presented an overview of the current law around the country including a discussion of where the law must continue to progress to keep up with the evolving nature of the family and how this modern family structural change has affected children. The presentation included material about the importance of understanding cultural issues affecting the adults and children involved in this “family” as they relate to best interest issues and addressed how attorneys and mediators can effectively help and represent families in these hotly contested cases. In June, Professors Heppard and Willis presented “New Challenges and Solutions in Drafting Mediated Settlement Agreements” at the Association of Family and Conciliation Courts 53rd Annual Conference in Seattle - Modern Families: New Challenges, New Solutions. The program outlined the Texas Supreme Court opinion In re Lee and explained the policy reasons behind the trial court's refusal to enter a mediated settlement agreement that the trial judge did not believe protected the best interest of the child. The Texas Supreme Court overruled the trial court's decision. The presenters examined what lawyers, advocates and the judiciary should do to ensure the protection of the child in a custody case.

Tracy Hester joined the American Law Institute’s annual conference in Washington, D.C. on May 16 through 18, and he then participated in an authors’ workshop on the Deep Decarbonization Project at Columbia Law School, NYC on May 23. The Project will present its report to the White House in January 2017 on legal issues arising from the decarbonization of the U.S. and world economies. He then presented an overview of Houston’s ozone attainment status and its likely legal challenges to the Houston-Galveston Area Council on May 26. Last, Professor Hester joined a delegation to Port-Au-Prince, Haiti by the American College of Environmental Lawyers on May 30 through June 2 to explore environmental legal assistance initiatives and projects. 

Geoffrey Hoffman represented UHLC at the executive committee meeting of the Houston Immigration Collaborative. Professor Hoffman also met with the Consul of Mexico for Protection and Legal Affairs at the UHLC Clinic with staff to discuss further collaboration and training events. Professor Hoffman gave a presentation on asylum law to a group of HISD high school students as part of the Immigrants and Migrants Program, requested by UH Professor of Education Augustina Reyes, and the UHLC Clinic. After the presentation, Clinical Supervising Attorney Josephine Sorgwe and Professor Hoffman gave consultations with the students who had immigration questions. Professor Hoffman additionally spoke at a press conference at MECA about the legal ramifications of the Supreme Court’s 4-4 tie in U.S. v. Texas. He also was interviewed by media concerning the decision.

Craig Joyce moderated the latest edition of IPIL’s National Conference, held each summer in Santa Fe since 2001. The proceedings from this year’s event, celebrating the 25th Anniversary of the Supreme Court’s most important decision on copyright authorship, will be published by Houston Law Review in a special IPIL symposium issue and will feature authors from Beijing, Berkeley, Harvard, Penn, and Stanford.

Sapna Kumar presented her paper Patent Damages Without Borders at the Conference on Patent Damages at the University of Texas at Austin School of Law. Her paper will be published in the Texas Intellectual Property Law Journal later this year.

Jessica Mantel and Lauren Simpson will speak at the AALS annual conference on a panel discussing experiential learning. The panel is sponsored by the AALS Legal Research, Reasoning, and Writing section and will discuss the benefits and challenges of collaborations between doctrinal, legal writing, and clinical faculty. Professors Mantel and Simpson will discuss their innovative teaching collaboration designed to improve students' client memo writing. 

Diane McManus, Staff Attorney in the Law Center Civil Practice Clinic, was one of the speakers at the Equine Law Seminar sponsored by the HBA Animal Law Section on June 2. Her topic was to give an update on the current state of Equine Law. She also attended the 31st Annual National Conference on Equine Law at the University of Kentucky College of Law on May 4 & 5. Harris County has one of the largest numbers of Equine related businesses in the State of Texas.

Douglas Moll is contributing an article (with Professor Julie Hill) to a symposium hosted by the University of Alabama Law Review on banking law. Professor Moll’s article focuses on the role of the duty of care and the business judgment rule in failed bank cases. Professor Moll has also been asked to guest blog at the Business Law Prof Blog. He will be posting on various issues related to closely held businesses. Finally, Professor Moll attended his first ALI Annual Meeting in May.

Tom Oldham, with the help of a number of staff, has sent out 5000 questionnaires to lawyers around the country about alimony practices in their jurisdiction. He looks forward to reviewing what he will receive.

Michael A. Olivas published a book review, Patrick D. Lukens, A Quiet Victory for Latino Rights: FDR and the Controversy Over ‘‘Whiteness’’ (Tucson: University of Arizona Press, 2012), in 31 Journal of Mexican Studies/Estudios Mexicanos 382 (2016). He also briefed a number of reporters on recent legislation and litigation concerning state college residency requirements, campus-carry policies, and Sec. 529 prepaid college tuition plans. He also discussed issues involved with musical bands who attempted to trademark racial slurs (such as “The Slants”).

Jordan Paust is listed among the top 20 law professors (within the top one percent) in International Law in Brian Leiter’s new 2010-2014 study regarding numbers of citations to articles in other author’s articles. His essay Actual Commitment to Compliance with International Law and Subsequent Supreme Court Opinions: A Reply to Professor Moore will appear in 40 Houston Journal of International Law this fall, available here. His essay R2P and Protective Intervention was prepared for a festschrift for Professor Henry Richardson and will appear this fall in 30 Temple International and Comparative Law Journal, available here. Professor Paust’s article Errors and Misconceptions in the 2015 DOD Law of War Manual has been accepted for publication in 26 The Minnesota Journal of International Law no. 2 (2017), draft available here.

D. Theodore Rave presented a draft of his paper, Institutional Competence in Fiduciary Government, at Duke Law School on June 17 as part of the Fiduciary Law Workshop. He has been invited to contribute a chapter to the Oxford Handbook of Fiduciary Law (Evan Criddle, Paul Miller, and Robert Sitkoff eds.) on the state as a fiduciary. In connection with the book, Professor Rave will be participating in a conference at Harvard Law School in November 2017 entitled “Fiduciary Law: Charting the Field."

Jacqueline Weaver was awarded an AIPN scholarship of $5000 to support the use of two UHLC students as research assistants to produce the 4th edition of International Petroleum Transactions, a casebook she coauthors with other professors, published by the Rocky Mountain Mineral Law Foundation. 

Bret Wells presented his article entitled International Tax Reform By Means of Corporate Integration to the Wednesday Tax Forum on May 24. On June 13, Professor Wells provided two lectures on Federal Income Taxation and one lecture on Oil & Gas Law as part of the UHLC Pre-Law Pipeline Program. Professor Wells' article entitled Allocation Wells:  Lessor’s Remedies for Multi-Tract Horizontal Wells Drilled Without Pooling Authority was published in the Baylor Law Review this month at 68 Baylor L. Rev. 1 (2016).

Kellen Zale presented her article Regulating Scale in the Sharing Economy at the Annual Meeting of the Association of Law, Property, and Society (ALPS) in Belfast, Northern Ireland on May 20. She has also been selected to moderate the State & Local Government Section panel on “Marijuana Law 2017: Federalism, Criminal Justice, and Healthcare” at AALS Annual Meeting in January 2017 in San Francisco.