Washburn Law Faculty Scholarship and Activities, July 2005-June 2006

Aïda M. Alaka

Articles

"Employment Background Investigations – Possible Consequences," AASPA Perspective, November 2005–January 2006.

"Employment Background Investigations – Data Collection Limitations," AASPA Perspective, August–October 2005.

Presentations

"Recent Developments in Employment Law," Recent Developments in the Law CLE, Washburn University Schoolof Law, June 2006.

Kelly Lynn Anders

Articles

"My Turn at the Right Time: Happy Coincidence Leads to Unique Display, Positive Learning Experience," 9:9 AALL Spectrum 22 (July 2005) (381 KB PDF; requires Adobe Acrobat Reader).

Book Reviews

Libraries, the Internet, and Scholarship: Tools and Trends Converging, 40 Libraries & Culture 580-581 (Fall 2005).

Bradley T. Borden

Articles

"Revisiting the Federal Tax Definition of Partnership and the § 761(a)(1) Election in the TIC Environment," 47 Tax Mgt. Memo. 51 (February 6, 2006).

Academic Presentations

"The Federal Definition of Tax Partnership," Washburn University School of Law Faculty Presentation, Topeka, Kansas, February 2006.

Presentations

Panelist, "Conservation Easements & Water Rights" and "ABC's of Legal Entities," 2006 Federation of Exchange Accommodators Mid-Year Conference, Philadelphia, Pennsylvania, May 2006.

Panelist, "Sale and Exchanges of Leases (Part I)" and "Sales and Exchanges: Current Developments," American Bar Association Section of Taxation, Sales, Exchanges and Basis Committee Meeting, Washington, D.C., May 2006.

Panelist, "Sales and Exchanges: Current Developments," American Bar Association Section of Taxation and Section of Real Property, Probate and Trust Law, Sales, Exchanges and Basis Committee Meeting, San Diego, California, February 2006.

"Revisiting the Federal Tax Definition of Partnership and the Section 761(a)(1) Election in the TIC Environment," BNA Tax Management Advisory Board, New York, New York, December 2005.

"Exchanges of Partnership Interests for Services," CBIZ Tax Conference 2005, Tucson, Arizona, November 2005.

"New Ideas in Tax-Deferred Exchanges," 47th Annual Idaho State Tax Institute, Pocatello, Idaho, November 2005 (with Max Hansen).

"Tax and Legal Issues in Partnership Formation," 42nd Annual Kansas Accountants Tax Conference, Topeka, Kansas, October 2005 (with Craig J. Albers and Kevin D. Chambers).

Panelist, "Real Estate Exchanges: All State Survey," American Bar Association Section of Taxation and Section of Real Property, Probate and Trust Law, Sales, Exchanges and Basis Committee Meeting, San Francisco, California, September 2005.

Panelist, "Automation of Rule-Oriented Tax Computations," American Bar Association Section of Taxation and Section of Real Property, Probate and Trust Law, Sales, Exchanges and Basis Committee Meeting, San Francisco, California, September 2005.

John E. Christensen

Chapters in Books

"Finding Free Legal Research Sites and Free Case Law" (p. 26-32), "Government Internet Resources: Federal, State and Local" (p. 41-59), "Investigative Research: Public Records and 'Publicly Available' Information" (p. 61-64), and "Locating Companies for Due Diligence and Background Information" (p. 103-110) in Internet Strategies for Legal Professionals coursebook for National Business Institute CLE in Topeka, Kansas and Overland Park, Kansas, May 2006.

Linda Henry Elrod

Articles

"A Review of the Year in Family Law: Parentage and Assisted Reproduction Problems Take Center Stage," 39 Family Law Quarterly 879 (2006) (co-author with Robert G. Spector).

"States Differ On Relocation: A Panorama of Expanding Case Law," 28:4 Family Advocate 8-11 (Spring 2006).

Books

2006 Supplements for 17 chapters of Child Custody Practice and Procedure. Rev. ed. (West Group, 2005).

2006 Supplements for 16 chapters in Kansas Family Law (Thomson West 1999).

2005 Supplements for 16 chapters in Kansas Family Law (Thomson West 1999).

Presentations

Debate Participant, "Is there a Need for a Constitutional Amendment Prohibiting Same Sex Marriage?" Sponsored by Washburn University School of Law Federalist Society (with Professor Lynn Wardle, Brigham Young Law School), Topeka, Kansas, November 8, 2005.

Presenter, "The Use and Abuse of the 'Friendly Parent' Factor in Custody Disuptes," American Bar Association Family Law Section Fall Meeting, San Diego, California, September 29, 2005.

Presenter, "Balancing the Interests of Parents and Children in Relocation Cases," 18th Annual Family Law Institute, Topeka, Kansas, September 16, 2005.

Presenter, "Hot Tips From the Experts," American Bar Association Annual Meeting, Section of Family Law, Chicago, Illinois, August 8, 2005.

Paper, "The Adoption and Safe Families Act of 1997 (ASFA)," Sixth Annual Governor's Conference on Juvenile Justice, Topeka, Kansas, August 2, 2005.

"Current Update in Family Law" and "They Won't Stay Put - Relocation of Children With Parents," Council of Appellate Staff Attorneys Annual Meeting, Dallas, Texas, July 29-30, 2005.

Paper, "Balancing the Constitutional Interests of Parents and Their Children in Relocation Cases," International Society of Family Law World Meeting, Salt Lake City, Utah, July 19-23, 2005.

John J. Francis

Presentations

"Charting the Rocks and Shoals of Immigration Consequences When Representing Non-Citizen Clients in Criminal Cases," Third Judicial District of Kansas Criminal Defense Bar Meeting/CLE, Topeka, Kansas, November 15, 2005.

"A Step-by-Step Guide to Batson: Making Miller-El and Johnson Work," The Third Annual Building the Mitigation Case: Advocating for Life, Topeka, Kansas, November 11, 2005 (Co-presented with Christina Swarns).

"Avoiding Immigration Consequences When Representing Non-Citizen Clients in Criminal Cases," Washburn Law Clinic 35th Anniversary CLE, Topeka, Kansas, September 10, 2005.

Alex Glashausser

Articles

"What We Must Never Forget When It Is A Treaty We Are Expounding," 73 Univ. of Cincinnati Law Review 1243 (2005).

Other Publications

Panel of Academic Contributors, Black's Law Dictionary (9th ed.).

Ronald C. Griffin

Articles

"Vanities, Law and Identity: Some Reflections on Race and Culture in American Life," 51 South Dakota Law Review 407 (2006).

Presentations

"Citizenship and Political Asylum Issues in Ghana and the United States," Law Faculty, University of Ghana, April 2006.

"Free Speech in Ghana and the United States," Law Faculty, University of Ghana, April 2006.

"Vanities and Democracies Constitution: Katrina's Impact Upon Our Contract Law and Constitutional Law Psyche," Law Faculty, U.C. Davis, Martin Luther King Week, January 26, 2006."

Jeffrey D. Jackson

Articles

"The Modalities of the Ninth Amendment: Ways of Thinking About Unenumerated Rights Inspired by Philip Bobbitt's Constitutional Fate," 75 Mississippi Law Journal 495 (2006).

Presentations

Symposium Panelist, "Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection for State Court Judges," Fordham Law School, April 7, 2006.

Michael Kaye

Other Publications

"Criminal Code," Vernon's Kansas Statutes Annotated, Volumes 10-11, 2005 annual supplements. (Thomson/West).

"Code of Criminal Procedure," Vernon's Kansas Statutes Annotated, Volumes 12-13, 2005 annual supplements. (Thomson/West).

L. Ali Khan

Articles

"The Essentialist Terrorist," 45 Washburn Law Journal 47 (2005) (189 KB PDF; requires Adobe Acrobat Reader)

Books and Book Chapters

A Theory of International Terrorism: Understanding Islamic Militancy. (Martinus Nijhoff, 2006).
» See publisher's website for description and ordering information.

"Islam as Intellectual Property" and "Commentary of the Constitution of Medina" in Understanding Islamic Law: From Classical to Contemporary (Alta Mira Press, 2006).
» See publisher's website for description and ordering information.

Legal Commentaries

"The Challenges of Maximalist Democracy," MWC News Magazine (January 29, 2006).

"The Essentialist Terrorist," MWC News Magazine (November 22, 2005).

"The New Commandment on Political Murders: Thou Shalt Not Kill— But We Will," Baltimore Chronicle & Sentinel (online edition) (October 29, 2005).

"The Invention of Porno Torture," Counterpunch (September 28, 2005).

"Is There a Right to Armed Struggle?," Counterpunch (August 27/28, 2005).

"Lesson that City Bombers Need to Learn," Accra Daily Mail (online edition) (July 26, 2005).

Foreign Affairs Commentaries

"Hagarism: The Story of a Book Written by Infidels for Infidels," Baltimore Chronicle and Sentinel (online edition) (April 26, 2006).

"Lesson that City Bombers Need to Learn," Accra Daily Mail (online edition) (July 26, 2005).

Law and Literature

"Let Me Tell You A Story Of The Two Kings," Baltimore Chronicle and Sentinel (online edition) (June 2, 2006).

Nancy G. Maxwell

Presentations

Panelist, "Comparing Gay Parent Adoption Cases with Child Custody/Visitation Disputes," In the Interest of the Children: Gay & Lesbian Issues and Perspectives in Adoption, Custody and Foster Care, Continuing Education Program for the Washburn University Department of Social Work, Kansas Unity and Pride Alliance, and the Metropolitan Community Church of Topeka, Topeka, December 2005.

"Legal Education in the United States" for visiting Russian judges, Washburn University School of Law, August 2005.

William G. Merkel

Articles

"A Cultural Turn: Reflections on Recent Historical and Legal Writing on the Second Amendment," 17 Stanford Law & Policy Review 671 (2006).

Aliza Organick

Presentations

Speaker, "The Missing Link: Can Indian Gaming Law Be Taught Effectively without a Foundation in Tribal Law?" Southwest/Southeast People of Color Legal Scholarship Conference, April 6-9, 2006, Santa Fe, New Mexico.

Presenter, "Kansas ICWA Cases in Review: Where Are We and What Is the Rest of the Nation Doing?", Moderator, "So You've Sent the Notice to the Tribe . . .What Happens Next?: A View of ICWA from the Tribe's Perspective" and CLE Planning Member, The Indian Child Welfare Act in Kansas: Where Have We Been, Where are We Going & Where do We Want to End Up?, Sponsored by the Kansas Association of Counsel for Children, March 24, 2006, Topeka, Kansas.

Panelist, "Non-traditional Community Response to Domestic Violence," Castle Rock v. Gonzales Conference: Some are Guilty-All are Accountable, University of Denver School of Law, Denver, Colorado, March 16-17, 2006.

Co-Presenter, "Effective Courtroom Testimony: What Every Social Worker Should Know," Legal/Court Issues and Court Testimony Training for Social Workers sponsored by The Farm, Inc., Topeka, Emporia, and Chanute, Kansas, November 14, 16, and December 1, 2005.

Presenter and Panel Coordinator, "Teaching Cross Cultural Understanding: The Challenge of Effectively Raising Student Awareness," 2005 Midwest Clinical Conference on Clinical Education: Carrying Brown's Legacy Forward-- Justice, Service, Teaching, Washburn Law Clinic, October 8-9, 2005.

Presenter, "Integrating Tribal Law into the Law School Curriculum," Tribal Law & Government Conference 2005: Celebrating the 10 Year Anniversary of the Tribal Law and Government Center, University of Kansas, Lawrence, Kansas, September 30, 2005.

Co-Presenter, "Ethical Considerations for Practicing in Tribal Court" and Planning Committee Member, Sixth Annual Native Nations Law Symposium: Tribal and State Court Relationships, Prairie Band Potowatomi Nation, August 26, 2005.

Gregory Pease

Other Publications

Vernon's Kansas Statutes Annotated, Probate Code, Volumes 15 and 16 Pocket Parts (2006) (West Group : St. Paul, Minn.).

David E. Pierce

Presentations

"The Judicial System and Child Welfare," Lecture for University of Kansas Social Work Department, Spring 2006.

"Ethical Challenges to Practice: Professional Responsibility and ICWA," Kansas Association of Counsel for Children and Washburn School of Law Children and Family Law Center Conference, "The Indian Child Welfare Act in Kansas: Where Have We Been, Where Are We Going, and Where Do We Want to End Up?" March 2006.

"Teaching Cross Cultural Understanding: The Importance of Communicating With Our Clients," Midwest Clinical Conference, "Carrying Brown's Legacy Forward: Justice, Service, Teaching," October 2005.

David E. Pierce

Articles

"Interpreting Oil and Gas Instruments," 1 Texas Journal of Oil, Gas & Energy Law 1 (2006).

"'Surrounding Circumstances' Evidence in Natural Resources Litigation and the Effective Use of Daubert to Manage Expert Testimony," 51 Rocky Mountain Mineral Law Institute 13-1 (2005).

Mary Kreiner Ramirez

Articles

"The Science-Fiction of Corporate Criminal Liability: Containing the Machine Through the Corporate Death Penalty," 47 Arizona Law Review 993 (2005).

Sheila Reynolds

Articles

"Remedying Client Fraud," 75-June Journal of the Kansas Bar Association 19 (2006).

Other Publications

Professionalism, Kansas Bar Association Orientation to Kansas Practice, May 2006 (22 pages).

Insurance Ethics: Where Do Your Loyalties Lie? Kansas Bar Ass'n. Annual Insurance Institute, October 2005 (55 pages).

Malpractice Issues, Washburn University School of Law 18th Annual Family Law Institute, September 2005 (15 pages).

Ten Problems in Negotiation Ethics: Misrepresentation & Settlement Conditions, Washburn Law Clinic 35th Anniversary, September 2005 (32 pages).

Robert J. Rhee

Articles

"Terrorism Risk in a Post-9/11 Economy: The Convergence of Insurance, Capital Markets, and Government Action," 37 Arizona State Law Journal 435 (2005). (738 KB PDF; requires Adobe Acrobat Reader.) Article highlighted and discussed in Leo P. Martinez & John W. Whelan, Cases and Materials on Insurance Law (5th ed. West 2006); Elizabeth M. Youngdale, "Reviewing the Law Reviews," 72 Defense Counsel Journal 407 (2005); "Global Executive Summaries," ICFAI Journal of Insurance Law 7 (July 2006).

Presentations

Presenter, "A Theory of Pricing in Legal Bargaining: An Inquiry into the Selection of Settlement and Trial Under Uncertainty," Conference of Asian and Pacific American Law Faculty, Wayne State University School of Law, April 8, 2006

Panelist and Presenter, "A Theory of Pricing in Legal Bargaining: The Selection of Settlement or Litigation Under Uncertainty," Midwestern Law & Economics Association (Law & Economic Theory panel), Northwestern University School of Law, October 14, 2005

Moderator, "Smith v. Van Gorkam: 20 Years Later", Washburn University School of Law, September 30, 2005

Presenter, "Definition of 'Family' Within the Doctrine of Negligent Infliction of Emotional Distress," 18th Annual Family Law Institute," Washburn University School of Law, September 16, 2005

William Rich

Articles

"Lessons of Charleston Harbor: The Rise, Fall and Revival of Pro-Slavery Federalism," 36 McGeorge L. Rev. 569 (2005).

"Betrayal of the Little Girls with Dolls: The Broken Promise of Constitutional Protection for Victims of Race Discrimination," 90 Cornell L. Rev. 419 (2005).

Other Publications

Modern Constitutional Law. 2nd ed. Pocket Parts (2006) (with Chester J. Antieau) (St. Paul, Minn. : Thomson West).

James B. Wadley

Other Publications

"Agriculture and Farm Law" (chapter 47), "Water Rights" (chapter 50), and "Foreign Ownership of Land" (chapter 79) 2005 annual supplement for Thompson on Real Property. 2nd Thomas ed. (David A. Thomas, Editor-in Chief) (LexisNexis).