Washburn Law Faculty Scholarship and Activities, July 2014-June 2015

Aïda M. Alaka

Articles in Magazines

"Removing Research Blinders: Controlling the Research Expenses of Recent Graduates," 83:7 Journal of the Kansas Bar Association 18 (July/August 2014).

Professional Service

Kansas Steering Committee Member, National Association of Women Judges, Informed Voter Project, 2014-present.

At-Large Member, Employment Law Section Executive Committee, Kansas Bar Association, 2014-.

Rory Bahadur

Articles in Law Reviews and Other Scholarly Journals

Cited by United States District Court, Eastern District of Louisiana, Gregoire v. Enterprise Marine Services, LLC (August 6, 2014): "Maritime Removal: An Unlikely Heuristic for Anchoring Three Non-Textual Principles of Original Federal Jurisdiction," 43 The Journal of Maritime Law and Commerce 195 (2012).

Presentations

"Active and Multimodal Classroom Instruction," Duke University School of Law, Durham, North Carolina, February 23, 2015.

"Alternative Assessment Strategies," University of the Pacific McGeorge School of Law, Sacramento, California, February 18, 2015.

"Active and Multimodal Instruction in the Doctrinal Classroom," St. Thomas University School of Law, Miami Gardens, Florida, October 10, 2014.

"Learning the Building Blocks of Legal Analysis in the Large Classroom," New York Law School, New York, October 6, 2014.

Professional Service

Treasurer, American Association of Law Schools Section on Teaching Methods, 2015-.

Andrea J. Boyack

Articles in Law Reviews and Other Scholarly Journals

"American Dream in Flux: The Endangered Right to Lease a Home," 49 Real Property, Trust and Estate Law Journal 203 (2014).

Cited by United States Bankruptcy Court, District of Colorado, In re Lopez (July 1, 2014): "Community Collateral Damage: A Question of Priorities," 43 Loyola University of Chicago Law Review 53 (2011).

"Muddying the Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority in Condominium Foreclosures," 67 Arkansas Law Review 225 (2014) (co-authored with William E. Foster).

Other Publications

"Pass the Pen," Idea of the Month, Institute for Law Teaching and Learning, January 2015.

Presentations

Panelist, "Bankruptcy Weapons to Terminate a Zombie Mortgage," The Future of Housing: Equity, Stability and Sustainability, Washburn University School of Law, Topeka, Kansas, February 26, 2015 (with Robert D. Berger).

"American Dream in Flux: The Endangered Right to Lease a Home," 2014 SEALS (Southeastern Association of Law Schools) Annual Conference, Amelia Island, Florida, August 2, 2014.

Presenter, "Recent Developments in Banking, Commercial & Contract Law," Legislative and Case Law Institute, Kansas Bar Association CLE, Topeka, Kansas, July 11, 2014 (panel with Lori McMillan).

Conferences Planned

Symposium Planner and Host, "The Future of Housing - Equity, Stability and Sustainability," Washburn University School of Law, Topeka, Kansas, February 26, 2015.

James M. Concannon

Books and Monographs

Pattern Instructions, Kansas 4th -- Civil, 2014 Supplements (Kansas Judicial Council, Pattern Instructions Committee, 2014).

Pattern Instructions, Kansas 4th -- Criminal, 2013 Supplements (Kansas Judicial Council, Pattern Instructions Committee, 2014).

Media Interviews

"How do Kansas Supreme Court Justices Make Decisions in Cases?," KWCH 12 Eyewitness News, September 17, 2014.

Professional Service

Member, ad hoc Kansas Judicial Review Committee, 2014.

A Kansas Commissioner, National Conference of Commissioners on Uniform State Laws Annual Meeting, Seattle, Washington, July 11-17, 2014.

National Conference of Commissioners on Uniform State Laws Style Committee Liaison, Model Commercial Real Estate Receivers Act and the Amendments to the Uniform Athlete Agents Act, Uniform Law Commission 2014 Annual Meeting, Seattle, Washington, July 15-16, 2014.

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

"Japan Joins Hague Abduction Convention: England Returns Child," 48 Family Law Quarterly 353 (2014).

Books and Monographs

Kansas Family Law: Kansas Law and Practice, Volumes 1 and 2. 2014-2015 ed. (Thomson Reuters, 2014).
» See publisher's website for further description and ordering information.

Other Publications

"Relocation: Trying to Move on but is it in the Best Interests of the Child?," 4 Sensible Separation Newsletter 5 (Greg Kincaid, ed. September 2014).

Presentations

"Hearing Children's Voices: Interviewing Young Children," 4th Annual Northwest Arizona Symposium on Infant and Toddler Mental Health, Lake Havasu City, Arizona, February 10, 2015.

"Kansas Child Support Guidelines, the Affordable Care Act and Shared Parenting," Topeka Bar Association Family Law CLE, Washburn University School of Law, Topeka, Kansas, January 23, 2015.

"Representing Children in Kansas: Reconciling the Ethical Rules," Guardian ad Litem Training, Washburn University School of Law, Children and Family Law Center, January 9, 2015.

"Best Interests of Children: The Law and the Reality," Horizons, High Conflict Parenting Class, Shawnee County Courthouse, Topeka, Kansas, January 8, 2015.

"Poverty, the Marriage Gap and Why Marriage Matters for Children," Topeka Zonta Club, Kansas, November 18, 2014.

"Lead, Follow, or Get Out of the Way: Family Law Arbitration is Coming Around the Mountain," American Bar Association Family Law Section Fall CLE Conference, Stowe, Vermont, October 18, 2014.

"Family Law Arbitration - An Idea Whose Time Has Come?," Successfully Managing Dispute Resolution Annual CLE/CME Training Event, Associates in Dispute Resolution, LLC, Topeka, Kansas, October 10, 2014.

Plenary Session Panelist, "Same-Sex Issues: Navigating the Conflicting Legal Landscape of Marriage and the Broader Implications of Other Areas of Law," The Missouri Bar / Missouri Judicial Conference, 2014 Annual Meeting, Kansas City, Missouri, September 11, 2014.

"Hot Topics in Family Law - Federalization Comes to Family Law," 25th Anniversary of the Kansas Women Attorneys Association Annual Conference, Lindsborg, Kansas, on July 25, 2014.

Professional Service

Attended as a committee member, the Secretary of State's Legal Adviser's Advisory Committee on Private International Law, Washington D.C., November 3, 2014.

Chaired the Family Law Quarterly Editorial Board Meeting, October 18, 2014 and attended the Family Law Council meeting, October 16, 2014 at the American Bar Association Family Law Section Fall CLE Conference, Stowe, Vermont.

Signer on Family Law Amicus Briefs filed in the following cases challenging same-sex marriage bans: Baskin v. Bogan and Wolf v. Walker (7th Circuit), August 5, 2014; Latta v. Otter (9th Circuit), July 25, 2014.

Joined with law professors, sociologists, psychologists and lawyers with expertise in social welfare in writing a letter to Sen. Harry Reid and Rep. John Boehner urging them to take into account the youth and vulnerability of the unaccompanied immigrant children in developing policy. The letter urges child-focused screening and interview practices, July 21, 2014.

Reappointed to serve on the United States Department of State's Legal Adviser's Advisory Committee on Private International Law, 2014-.

As Reporter for the Family Law Arbitration Act, participated in the first reading of the current draft of the FLAA at the Uniform Law Commission Annual Meeting, Seattle, Washington, July 12, 2014.

Alex Glashausser

Articles in Law Reviews and Other Scholarly Journals

"International Torts, Extraterritorial Distortion [Kokusai Fuho Koi, Yugamerareta (Translator Tatsuya Kitai)]," 48:2 Comparative Law Review 1 (Institute of Comparative Law in Japan, 2014).

Emily Grant

Articles in Law Reviews

"At the [Other Side of the] Lectern," 64 Journal of Legal Education 103 (2014).

Presentations

"Adapting Montessori Teaching Methods for Law School," Central States Law Schools Association, 2014 Annual Scholarship Conference, Louisiana State University Paul M. Hebert Law Center, Baton Rouge, Louisiana, October 11, 2014.

Conferences Planned

Workshop Organizer, "Washburn Junior Legal Writing Scholars Workshop," Washburn University School of Law, Topeka, Kansas, July 25-26, 2014.

Randall L. Hodgkinson

Media Interviews

Quoted, "Appeal Seeks Overturn of Wichita Man’s Rape, Human-Trafficking Convictions," The Wichita Eagle, September 16, 2014.

Professional Service

Fellow, American Academy of Appellate Lawyers, October 2014-.

Janet Thompson Jackson

Media

Host, "Grace, Mercy & Truth," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), February 26, 2015.

Host, "Equal Justice Under the Gun," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), January 22, 2015.

Host, "Ebola," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), December 18, 2014.

Host, "Diabetes Care & Native Americans," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), November 27, 2014.

Host, "Your Voice, Your Vote: Kansas Governor," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), October 23, 2014.

Host, "Your Voice, Your Vote: U.S. Senate," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), September 25, 2014.

Host, "Healthcare for Veterans and Soldiers," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), August 28, 2014.

Host, "Vote Smart," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), July 24, 2014.

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for the Bluebook: A Uniform System of Citation, 2014 Edition (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2014).
» See publisher's web site for further description and ordering information.

Interactive Citation Workbook for ALWD Citation Manual, 2014 Edition (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2014).
» See publisher's web site for further description and ordering information.

Media Interviews

"Why the Supreme Court's Decision Not to Decide Same-Sex Marriage Made a Mess in Kansas," Jurist - Academic Commentary, December 6, 2014.

Quoted, "Gay Couple Denied Marriage License in Shawnee County, Could Become Plaintiffs," The Topeka Capital Journal, October 6, 2014.

Quoted, "Compact to Free Kansas from Health Care Reform May Need Presidential Approval," The Wichita Eagle, August 3, 2014.

Presentations

The Early History of Legal Writing: Where We Came From and How We Got Here," 16th Biennial Conference of the Legal Writing Institute, Philadelphia, Pennsylvania, July 1, 2014 (with David Cleveland).

Michael Kaye

Media Interviews

Quoted, "Brownback's Running Mate Keeping Mum on Loan to Campaign," The Wichita Eagle (October 29, 2014).

L. Ali Khan

Books and Monographs

Flexibility under Islamic Law: Convenience, not Hardship, Kindle Edition (Amazon Digital Services, 2015).
» See publisher's website for description and ordering information.

Other publications

Foreign Affairs Commentaries

"Militarization of Pakistan Constitution," The Huffington Post, January 13, 2015.

"Takfirization of Pakistan," The Huffington Post, November 18, 2014.

"Pakistan's Bully Politics," The Huffington Post, September 25, 2014.

"Islamabad Revolutionaries Misunderstand the Right to Protest in the United States," The Huffington Post, September 2, 2014.

"Pakistani Generals Will Defend the Constitution," The Huffington Post, August 21, 2014.

"Pakistan's Mob Democracy," The Huffington Post, August 15, 2014.

Media Interviews

"Imran Khan Undemocratic in Trying to Get His Way: Professor," Press TV (September 2, 2014) (Professor Khan comments on public protests in Pakistan led by Imran Khan calling for the resignation of PM Nawaz Sharif).

Tonya Kowalski

Articles in Law Reviews and Other Scholarly Journals

"Reaching Backward and Stretching Forward: Teaching for Transfer in Law School Clinics," 64 Journal of Legal Education 258 (2014) (co-authored with Shaun Archer, Jason Eyster, Jim Kelly and Colleen Shanahan).

Presentations

Panelist "Publishing in Law Journals, Presenting at Conferences, and Teaching Other Classes: Advancing by Maximizing the Opportunities Available in the Legal Academy," 16th Biennial Conference of the Legal Writing Institute, Philadelphia, Pennsylvania, July 1, 2014 (with co-panelist Teri McMurtry-Chubb and moderator Bill Chin).

Shawn Leisinger

Presentations

"Attorney as Negotiator – The Ethical Rules as They Apply to Negotiation," Interesting Ethical Issues CLE, Washburn University School of Law, Topeka, Kansas, December 5, 2014.

“Teaching Collaborative Negotiation to Law Students – A Skills Based Exercise Workshop,” Mountain West Clinical Conference, University of Denver Sturm College of Law, Denver, Colorado, October 24, 2014.

”Ethical Issues with Collaborative Negotiation,” and “The Kansas Pillars of Professionalism,” Annual Meeting of the Leavenworth County Bar Association, CLE presentations, Leavenworth, Kansas, October 23, 2014.

“Negotiation Tactics and Skills for Mediators,” Mediation course, Washburn University School of Law, Topeka, Kansas, October 15, 2014.

“Interviewing Skills for Law Students,” Veterans Legal Assistance Clinic, Washburn University School of Law, Topeka, Kansas, September 25, 2014.

“Ethical Issues in Collaborative Negotiation for Case Managers," Seventh Annual Case Management Workshop sponsored by the Children and Family Law Center, Washburn University School of Law, CLE presentation, Topeka, Kansas, August 12, 2014.

Panelist, “Effective Negotiation and Settlement,” 25th Anniversary of the Kansas Women Attorneys Association Annual Conference, Lindsborg, Kansas, July 26, 2014.

Craig Martin

Opinions/Editorials and Blog Articles (Selected)

"The Kansas Education Funding Case and Constitutional Democracy," The Huffington Post, January 16, 2015 (co-authored with John Rury).

"Reexamining "Myths" About Japan's Collective Self-Defense Change - What critics (and the Japanese Public) Do Understand About Japan's Constitutional Reinterpretation," Japan Focus, September 8, 2014 (with Bryce Wakefield).

Media Interviews

Quoted, "Passport Confiscated: Japan's ISIS Fears Prevent Journalist From Traveling To Syria, But is it Constitutional?," International Business Times, February 9, 2015.

Quoted, "Killing Of Kenji Goto May Push Japan Closer To Scrapping Ban On Offensive Force," International Business Times, January 31, 2015.

Presentations

"A Means-Methods Paradox and the Legality of Drone Strikes in Armed Conflict," Canadian Armed Forces Associate Judge Advocate General (AJAG) Pacific Regional Group's CLE Session, Comox, British Columbia, Canada, February 7, 2015.

"Where to Draw the Line? Considering Hard Ethical Cases," Interesting Ethical Issues CLE, Washburn University School of Law, Topeka, Kansas, December 5, 2014.

Joseph P. Mastrosimone

Essays and Other Shorter Works

"A Shameful Perception Will Beget a Difficult Reality for Kansas," The Huffington Post, February 12, 2015.

"Mind Your Manners," 83:9 Journal of the Kansas Bar Association 10 (October 2014).

Media

Quoted, "Advocate Estimates at Least One LGBT Kansan Fired a Month," The Topeka Capital Journal, February 28, 2015.

Quoted, "Professor: Some LGBT State Workers Still Protected from Firing," The Topeka Capital Journal, February 13, 2015.

Quoted, "City Probes Whistleblowers After Cash-for-Work Query," The Topeka Capital Journal, October 29, 2014.

Conferences Planned

Workshop Organizer, "Washburn Junior Legal Writing Scholars Workshop," Washburn University School of Law, Topeka, Kansas, July 25-26, 2014.

Professional Service

Member, Executive Committee of the AALS Section on Labor Relations and Employment Law, 2015-.

Lori A. McMillan

Media Interviews

Quoted, "Kansas Tax Cuts on Trial Amid Huge Budget Deficit," CNN Money, January 11, 2015.

Presentations

Presenter, "Recent Developments in Banking, Commercial & Contract Law," Legislative and Case Law Institute, Kansas Bar Association CLE, Topeka, Kansas, July 11, 2014 (panel with Andrea Boyack).

Lynette F. Petty

Presentations

"Immigration Remedies for the Undocumented Child and Family Members," Guardian ad Litem Training, Washburn University School of Law, Children and Family Law Center, January 9, 2015.

David E. Pierce

Articles in Law Reviews and Other Scholarly Journals

"Sustaining the Unsustainable: Oil and Gas Development in the 21st Century," 23 Kansas Journal of Law & Public Policy 362 (2014).

Books and Monographs

Co-editor, Oil and Gas Law Reporter, Volume 178 (2014) (Annual reporting on case law developments).

Susannah W. Pollvogt

Articles in Law Reviews

"Children as Proto-Citizens: Equal Protection, Citizenship, and Lessons from the Child-Centered Cases," 48 U.C. Davis Law Review 655 (2014) (with Catherine E. Smith).

Other Publications

Guest blogger, "Persistent Questions About Animus," Balkinization, September 29, 2014.

"The Smartest Constitutional Argument for Marriage Equality That No One Is Making," Slate, September 29, 2014 (with Catherine E. Smith).

"Judge in Same Sex Case Rebuffs High Court: Ban on Gay Marriage Based on Benefits to Children is Discriminatory, Precedent Strongly Suggests," The National Law Journal, September 29, 2014 (with Catherine Smith).

"Of Course Gay Marriage Bans Are Based in “Animus”," Slate, September 8, 2014.

Media Interviews

Quoted, "Federal Judge Mangles Precedent, Upholds Louisiana’s Gay Marriage Ban," Slate, September 3, 2014.

Thomas J. Romig

Media Interviews

"Privacy, Technology and the Law," The Wichita Eagle, October 21, 2014.

Quoted, "Waterboarding is Torture, Says International Red Cross," The Wall Street Journal, August 7, 2014.

Frédéric G. Sourgens

Books and Monographs

A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors. International Litigation in Practice Series. (Koninklijke Brill, 2015).
» See publisher's website for description and ordering information.

Presentations

Speaker, "Is the Vienna Convention on the Law of Treaties Dead in BIT Arbitration?," Oxford University Press Investment Claims Webinar Series, October 20, 2014.

Conferences Planned

Conference Co-Chair, Oil and Gas Investment Arbitrations: Protecting Oil and Gas Projects Against Political Risk, University of Houston Law Center, Houston, Texas, October 31, 2014.

Professional Service

Co-Chair, Ninth Annual Investment Treaty Arbitration Conference on Investment Treaty Arbitration and Natural Resources, Washington, DC, February 26, 2015.

Because faculty scholarship and professional activity play such significant roles in the education of Washburn University School of Law students and development of the law, the Washburn Law faculty devotes significant effort to be recognized experts in their respective areas of work. Each year, members of the faculty at Washburn Law produce numerous articles that are published in nationally recognized law reviews, participate on programs around the world, and serve as leaders of important professional organizations. This activity connects the faculty and law school to the legal academy at large, enabling the faculty to bring information and attributes from such efforts back to the classroom to enrich the students' educational experience.

Scholarly and professional programs offered at Washburn Law also enrich the law school's intellectual community. The maintenance of an intellectual atmosphere is crucial in the legal profession — a profession of learned members. Students who participate in any of the many activities that law school offers will be better prepared for the intellectual demands of the legal profession. The combination of world-class scholars, rich scholarly programs, and a welcoming environment make studying at Washburn Law rewarding for our students and further encourages faculty scholarship.