Albertus Accolades

September 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 welcomed and addressed the full-time and transfer students at the New Student Orientation August 9. On August 11, Dean Baynes gave welcoming remarks at the Celebration of Life of Ira Shepard. Dean Baynes addressed the part-time students at the New Student Orientation August 13. On August 16, Dean Baynes gave welcoming remarks and attended a reception for foreign LL.M. students hosted by Locke Lord. The next day, Dean Baynes welcomed first-year students and attended the Professionalism Dinner for the Entering Class of 2016. On August 18, Dean Baynes attended a reception to welcome new faculty to the University hosted by Provost Paula Short. Dean Baynes visited the Community Service Projects at the Houston Food Bank, Houston Bar Association’s Veteran’s Clinic, Houston Bar Association’s General Legal Clinic, and the United We Dream – Deferred Action for Childhood Arrivals on August 19 and 20. On August 22, Dean Baynes hosted a Welcome Back Luncheon for Law Center faculty and professional staff. Next, on August 24, he welcomed students at the Student President’s Roundtable meeting. Lastly, on August 25, Dean Baynes accepted the UH System Board of Regents’ Academic Excellence Award for the Law Center’s Pre-Law Pipeline Program.

Janet Beck participated in Community Service Day with students at a Neighborhood Centers naturalization workshop. She also made a presentation, in Spanish, (with law student Ivonne Escobar) to about 50 people who congregated in St. Leo the Great Catholic Church for the presentation and for individual consultations. Professor Beck is also serving her third year on the Texas Board of Legal Specialization Immigration and Nationality Law Exam Committee.

In June, Darren Bush returned from a faculty development leave. He has been appointed Director of the Environment, Energy & Natural Resources Center and as Leonard B. Rosenberg College Professor of Law. He has two forthcoming articles. One is titled An Antitrust Allegory, Part II: The Section 2 Trap. In September, he presented this at the Savannah Law Review's American Legal Fictions Symposium. The second is Out of the DOJ Ashes Rises the FTC Phoenix: Towards Singular Federal Antitrust Enforcement, forthcoming in the Willamette Law Review, which he will present in the Loyola Chicago antitrust colloquium in 2017. He also presented at the Southeastern Association of Law Schools (SEALS) conference on a panel related to scholarship, social media, and the role of academics in society. He is eagerly awaiting publication of a chapter he co-wrote on Airlines in a POTUS Transition Report by the American Antitrust Institute. He has had numerous media appearances, including several during his leave regarding the DOJ’s decision to challenge the merger of Halliburton and Baker Hughes. He published an op-ed on “Flying While Muslim” in the Austin-American Statesmen. In December, he will be a moderator for the 2nd Annual Antitrust Airline Roundtable, hosted by the American Antitrust Institute. On the Kung Fu side of things, Professor Bush is working to improve his Tai Chi as well as finishing a Kung Fu form that he has taken forever to learn.

Two recent essays from Professor Seth Chandler’s work on Forbes' Apothecary blog have attracted particularly large readerships. His entry Is It Time To Acknowledge That Obamacare Is Collapsing has over 77,000 views and his entry New Obamacare Proposal Might Not Be Legal has over 25,000 views. His more technical writings have been read by slightly fewer. Professor Chandler also contributed written comments to the Center for Medicare & Medicaid Services on the legality of its proposal to modify the Risk Adjustment program of the Affordable Care Act and use regulatory authority to create a national health reinsurance cooperative.

Carrie Criado met with former Vice President Al Gore and participated in the Climate Reality Project Leadership Corps training in Houston in August.

Barbara Evans has been named a Health Policy Scholar by the Center for Medical Ethics and Health Policy, Baylor College of Medicine. She co-authored a report of the Planning Board of FDA’s National Evaluation System for health Technologies (NEST), published by the Duke - Robert J. Margolis Center for Health Policy on September 20. As part of a workgroup formed at the June 2 White House Design Workshop on Engaging Participants as Partners in Research, she contributed to the "Navigating Privacy in Biomedical Research and Open Science" resource blog presented at Stanford's Medicine X conference on September 16. She has been heavily involved with teleconferences and report-drafting by the U.S. National Academies of Science, Engineering, and Medicine’s Committee on Future Biotechnology Products and Opportunities to Enhance Capabilities of the Biotechnology Regulatory System, on which she serves. As co-chair of the NCVHS Subcommittee on Privacy, Confidentiality, and Security, she co-authored a study of HIPAA’s “minimum necessary” standard for data disclosure which has been posted for public inspection ahead of the September 28 NCVHS meeting in Washington, which she will attend. She has been invited to address the University of Minnesota’s 2016 Deinard Memorial Event on law and medicine.

Jim Hawkins will present his paper “Exploiting Advertising” at Duke Law School on September 30 as part of the Consumer Credit in America symposium that he helped organize with the peer-reviewed journal Law & Contemporary Problems. His paper will be published in that journal in the coming year.  At the end of August, Professor Hawkins presented a paper at the Texas Legal Scholars Workshop.  He also recently submitted a draft of “Female Perspectives on Commercial and Consumer Law," an introduction to a symposium with the Columbia Journal of Gender and Law.

Christopher Heard and his students in the Entrepreneurship and Community Development Clinic (ECDC) gave presentations on business law topics to small business owners at a SURE™ Incubator event on September 10. SURE™ (Stimulating Urban Renewal through Entrepreneurship) is an education program offered by the C.T. Bauer College of Business that serves aspiring entrepreneurs from underserved communities and Veterans in the Houston area. In addition to giving presentations, ECDC students also conducted initial intake interviews with entrepreneurs in attendance who were interested in becoming ECDC clients.

Tracy Hester submitted his draft chapter on The Law of Direct Air Capture of Greenhouse Gases for inclusion in the Deep Decarbonization Pathways Project, which will submit a report from a coalition of 32 environmental law professors to the White House in January 2017 on legal strategies to decarbonize the U.S. economy. He represented the EENR Center and the Center for U.S. and Mexican Law at the joint meeting of the Texas OneGulf Consortium Leadership committee and the Texas OneGulf Scientific Advisory Council in Austin on August 18. On September 8, Hester met with EPA Administrator Gina McCarthy and reported to the NAFTA Commission on Environmental Cooperation on behalf of EPA’s National Advisory Committee at the Commission’s annual meeting in Merida, Mexico on September 8. He participated in a workshop on September 14 on drafting model statutes and regulations to govern climate engineering with Arizona State University and American University School of Law, and he spoke on the interaction between NAFTA and the TransPacific Partnership on environmental issues at the University of Houston Law Center's Third Annual Conference on Oil and Gas Investment Arbitration on September 16.

Geoffrey Hoffman published two blogs on the ImmProf's blog: Is Trump’s Border Wall a Violation of Law?  and The Missing Piece of the Puzzle that is Donald Trump's “Deportation Force”. Professor Hoffman also gave a presentation on appellate immigration practice at the CLE sponsored by the Children's Immigration Law Academy. The CLE was entitled, “Special Issues in Representing Unaccompanied Children."

This summer Lonny Hoffman completed the following articles:  Plausible Theory, Implausible Conclusions: A Response to Professor Hubbard, __ University of Chicago Law Review Online __ (forthcoming 2016); The Limits of Comprehensive Peace: The Example of the FLSA (with C. Ward) (forthcoming 2016), full text available here; and Neutralizing the Stratagem of “Snap Removal”: A Proposed Amendment to the Judicial Code (with A. Hellman, T. Rowe, J. Steinman and G. Vairo), 9 Federal Courts Law Review 103 (2016), full text available here. He has just begun work on a new project relating to potential changes to the state discovery rules.

Craig Joyce published the Cumulative Supplement (new developments in case law, legislative and agency developments, and digital and international matters), as well as the Teacher’s Manual, to his Copyright Law casebook. Joyce also attended Arizona State University’s Sandra Day O’Connor College of Law’s grand opening of the newest law school building in the United States, as both UHLC Facilities chair and the Law Center’s representative on behalf of the Dean.

Renee Knake's essay The Commercialization of Legal Ethics was published by the Georgetown Journal of Legal Ethics this month. On September 13, she spoke on the topic of big data and legal ethics at a plenary session for the Intellectual Property Owners Annual Meeting in New York. Two UH Law Center alumni also participated on the panel, Meg Boulware, partner at Boulware & Valoir, and Sarah Harris, general counsel for the U.S. Patent and Trademark Office.

David Kwok presented his paper, “Market Competition and White Collar Crime Enforcement,” at the Southeastern Association of Law Schools (SEALS) annual conference in Amelia Island, Florida. He participated in the Texas Legal Scholars Workshop at SMU Dedman School of Law and discussed his paper, “Abolishing the Whistleblower’s Private Right Against Retaliation.” He spoke about his paper, “Disentangling ‘Deep Pockets’ from a Media Deterrence Strategy in Federal Fraud Case Selection,” at the Midwestern Law & Economics Association’s annual meeting at the Emory University School of Law.

Rick McElvaney was interviewed for two stories that aired on KPRC Channel 2 television on landlord and tenant law. He also appeared (with Ryan Marquez from the Texas Consumer Complaint Center) on the Channel 2 webcast during the Noonday News on Wednesday, September 6, answering viewers’ questions about Consumer Law.

Sarah J. Morath present her article Changing Laws or Changing Hearts: How the Food Waste Movement Does Both as part of the Yale Food Systems Symposium on September 30. Her book, From Farm to Fork: Perspectives on Growing Sustainable Food Systems in the Twenty-First Century (University of Akron Press), was published and is now available in print.

Tom Oldham’s paper written with Professor Patrick Parkinson of Sydney Law School has been accepted for publication by the Australian Journal of Family Law, a juried publication. The paper compares the divorce law of the United States to the divorce law of Australia.

D. Theodore Rave’s article The Information-Forcing Role of the Judge in Multidistrict Litigation (with Andrew Bradt) was accepted for publication in the California Law Review. Professor Rave presented the same article at the Texas Legal Scholars Workshop at SMU Dedman School of Law on August 26. On September 7, Professor Rave gave a talk on “Voter ID Laws in Texas, North Carolina, and Wisconsin” to the Houston Lawyers Chapter of the American Constitution Society. He also moderated a debate on Voter ID Laws between Hans Von Spakovsky of the Heritage Society and Chad Dunn of Brazil & Dunn at the Law Center on September 13. The debate was co-sponsored by the Federalist Society and ACS. Finally, on September 19, Professor Rave gave a talk on “Why Is Electing a President So Complicated?” at UH Clear Lake as part of their Constitution Day Program.

JAMA Internal Medicine published Jessica L. Robert’s paper with Stephanie Morain & Leah Fowler, What to Expect When (Your Employer Suspects) You're Expecting. The Georgia Law Review published her article What Is (and Isn’t) Healthism with Elizabeth Weeks Leonard. Finally, the Connecticut Insurance Law Journal published her essay An Alternate Theory of Burwell v. Hobby Lobby. The American Journal of Bioethics accepted her open peer commentary, The Legality of Tracking Professional Athletes through Biometric Screening with I. Glenn Cohen, Holly Lynch, and Chris Deubert. Her paper The Promise and Peril of the Affordable Care Act Antidiscrimination Rule with Elizabeth Sepper was accepted to the AALS Section on Law, Medicine, and Health Care’s Works-in-Progress Program. Last week, Jessica presented her paper Progressive Genetic Ownership at the Marquette Law School’s Workshop Series and her forthcoming book Healthism: Health Status Discrimination & the Law at the Colloquium on Scholarship for Employment and Labor Law at the University of Washington Law School.

On September 10, Lauren Simpson spoke at the 18th annual Wildscapes Workshop, presented by the Houston Chapter of the Native Plant Society of Texas and co-sponsored by the Texas Parks and Wildlife Department. In her presentation, entitled “From Wasteland to Wildscape: How We Transformed a Traditional Urban Landscape into a Pollinator Paradise,” Professor Simpson discussed the need for home wildscapes and the many pollinators that benefit from them; shared the story of her own wildscape, which has welcomed 37 species of butterfly and over 25 species each of bee and wasp; and gave tips on how to wildscape effectively.  A recording of her presentation can be found here.

William Streng taught a week long course during August on the OECD Model Income Tax Convention at the 2016 International Taxation Academy, Ministry of Finance Training Institute, Republic of China, Taipei, Taiwan. Participants included government taxation officials from Taiwan, Burkina Faso, the Dominican Republic, Saint Vincent and the Grenadines, Swaziland, Bulgaria, the Philippines, Papua New Guinea, Kosovo, Thailand and Indonesia. Release Number 56 has been published (print and electronic) for Streng & Salacuse, International Business Planning - Law and Taxation, (three volumes), Lexis-Nexis, and Release 57 is in the production process. Supplement 2016-2 for Bittker, Emory & Streng, Federal Income Taxation of Corporations and Shareholders - Forms, (two volumes), Checkpoint Thomson Reuters, has been published (print and electronic) and Supplement 2016-3 is in the production process.

Sandra Guerra Thompson attended the Timothy Cole Exoneration Review Commission meetings in Austin on August 21 and September 15. She made recommendations to the Commission regarding needed improvements of the eyewitness identification procedures used by Texas law enforcement. The Commission voted to recommend some of the changes she suggested to the legislature for the upcoming legislative session. On August 20, she spoke on a panel called “Decriminalizing Poverty” on the subject of bail reform held at the Thurgood Marshall School of Law at Texas Southern University. On August 21, she spoke on a KTSU radio show called “Real World, Real Talk,” with Dr. DZ Cofield on the subject of the need for bail reform to prevent wrongful guilty pleas by people who cannot afford to post money bail. Professor Thompson attended the August 26 dedication of an HPD substation named in honor of Art Contreras who served with Professor Thompson on the Board of Directors of the Houston Forensic Science Center (HFSC). She attended the Board of Directors meeting of the HFSC on September 9.

Jacqueline Weaver received an AIPN Research Grant to fund two UHLC students to help her with the 4th edition of International Petroleum Transactions, a national casebook. She also taught in Vermont Law School's summer program that offers an array of energy, resources and the environment courses to students as part of its number one ranking in environmental law. Professor Weaver is the lone representative of hydrocarbon's role in U.S. energy supplies and the regulation of oil gas production and pipelines.

Allison Winnike was interviewed along with Peter Linzer on Houston Matters on August 30 regarding recent lawsuits filed by Texas against the federal government to halt transgender nondiscrimination rules in the health care and education sectors. As a member of the Leadership Texas class of 2016 she traveled to Corpus Christi for a leadership workshop held September 11-13. She also attended the biennial Public Health Law Conference in Washington, D.C. September 15-17, which was sponsored by the Network for Public Health Law and the American Society of Law, Medicine & Ethics.

Kellen Zale is organizing the 5th Annual State and Local Government Law Works-in-Progress Conference, to be held at UHLC on October 7 and 8. A complete schedule for the conference will be available in early October, and UH faculty and staff are invited to participate in the workshop sessions. Professor Zale's article, When Everything is Small: The Regulatory Challenge of Scale in the Sharing Economy, was accepted for publication by the San Diego Law Review. She presented her current work in progress, Co-Regulating Design in the Sharing Economy, at the Texas Legal Scholars Workshop at SMU Dedman School of Law on August 26.