Washburn Law Faculty Scholarship and Activities, July 2013-June 2014

Aïda M. Alaka

Articles in Magazines

"Eats, Shoots & Leaves: You Don’t Mean That!," 82:9 Journal of the Kansas Bar Association 19 (October 2013).

Other Publications

"Beyond "Wexis": Bringing Research into the Upper-Level Curriculum," Idea of the Month, Institute for Law Teaching and Learning, April 2014.

"Just the Facts Ma'am," Idea of the Month, Institute for Law Teaching and Learning, February 2014.

Presentations

Co-Facilitator and Presenter, "Legal Writing Workshop V: Best Practices in Structure, Strategy, and Style," National Center for Commercial Law and USAID's Judicial Independence and Legal Empowerment Project, Free University of Tbilisi School of Law, Tbilisi, Georgia, June 12-14, 2014 (with Tonya Kowalski).

Presenter and Facilitator, "Best Practices in Government Report Writing," Ministry of Justice of Georgia Workshop, Tbilisi, Georgia, June 11, 2014 (with Tonya Kowalski).

Legal Drafting: Translating the Deal into a Contract," Legal Analysis & Writing Workshop IV, Free University of Tbilisi School of Law, October 9-11, 2013 (with Tonya Kowalski).

Rory Bahadur

Articles in Law Reviews and Other Scholarly Journals

Cited by United States District Court, Western District of Washington at Seattle, Coronel v. Victory (February 28, 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).

Other Publications

"Good Teaching Is Both Important And Quantifiable," Idea of the Month, Institute for Law Teaching and Learning, May 2014.

Review, "A Way Forward for an Ailing Legal Education Model" (James Moliterno, 17 Chapman Law Review 73 (2013)), Article of the Month (February 2014), Institute for Law Teaching and Learning.

"Good Teaching is Quantifiable," Idea of the Month, Institute for Law Teaching and Learning, November 2013.

Review, "Rethinking U.S. Legal Education: No More Same Old Same Old" (Nancy Rapoport,, 45 Connecticut Law Review 1409 (2013)), Article of the Month (August 2013), Institute for Law Teaching and Learning.

Presentations

Presenter, "Introduction to Legal Analysis," American Bar Association, Council on Legal Education Opportunity (CLEO) Six Week Pre-Law Summer Institute, Day Long Plenary, University of Mississippi School of Law, Oxford, Mississippi, June 2014.

Presenter, "Modeling Active Learning in Large Doctrinal Classes," Institute for Law Teaching and Learning, Best Law Teachers Conference, Northwestern University School of Law, Chicago, Illinois, June 2014.

Presenter, "Introduction to the Study of Law," American Bar Association, Council on Legal Education Opportunity (CLEO) Six Week Pre-Law Summer Institute, Day Long Plenary, University of Mississippi School of Law, Oxford, Mississippi, June 2014.

Presenter, "Evaluation Assessment and Active Learning," The Association of American Law Schools (AALS) Workshop for New Law School Teachers, Plenary Session, Washington, D.C., June 21, 2014.

Presenter, "Designing Effective ASP Teaching and Learning Experiences," Association of Academic Support Educators (AASE) 2014 Annual Conference, Plenary Session, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, May 31, 2014.

Presenter, "Formative Assessment in Large Classes," Institute for Law Teaching and Learning, Assessment Across the Curriculum Conference, University of Arkansas at Little Rock, Bowen School of Law, Little Rock, Arkansas, April 5, 2014.

Presenter /Moderator, "New Skills and New Teaching Methods," USAID Judicial Independence and Legal Empowerment Project (JILEP), Georgia Legal Education Conference, Tbilisi, Georgia, February 15, 2014.

Presenter, "The Purpose of Law School and International Trends in Legal Education," USAID Judicial Independence and Legal Empowerment Project (JILEP), Georgia Legal Education Conference, Tbilisi, Georgia, February 15, 2014.

Presenter, "A Practical Guide to Teaching Legal Analysis and Statutory Interpretation Actively," Free University School of Law, Tbilisi, Georgia, February, 2014.

Andrea J. Boyack

Articles in Law Reviews and Other Scholarly Journals

"Common Interest Community Covenants and the Freedom of Contract Myth," 22 Journal of Law and Policy 767 (2014).

"Community Covenant Alienation Restraints and the Hazard of Unbounded Servitudes," 42 Real Estate Law Journal 450 (2014).

Cited by Illinois Supreme Court,  Spanish Court Two Condominium Association v. Carlson (March 20, 2014): "Community Collateral Damage: A Question of Priorities," 43 Loyola University of Chicago Law Review 53 (2011).

Cited by United States District Court of Massachusetts, Jepson v. Deutsche Bank National Trust Company (September 18, 2013): "Community Collateral Damage: A Question of Priorities," 43 Loyola University of Chicago Law Review 53 (2011).

Chapters in Books

"Banking, Commercial & Contract Law," (chapter 2), Kansas Annual Survey (Kansas Bar Association, 2014) (co-authored with Amy Deen Westbrook and Lori A. McMillan).

Book Review

"Sovereign Debt and the Three and a Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law and Practice​," review of The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design by Mitu Gulati and Robert E. Scott, (The University of Chicago Press, Chicago and London, 2013), 35 Whittier Law Review 1 (2013).

Other Publications

Institute for Law Teaching and Learning (website, regular contributor)

  • Article Review, "Tiger Club Strikes Back: Memoirs of an Ex-Child Prodigy about Legal Education and Parenting" (April 2014).
  • Article Review, "Using the Client-File Method to Teach Transactional Law" (October 2013).

Media Interview

"Meet Andrea Boyack," Women in the Law, April 24, 2014.

Presentations

"A Multi-Disciplinary Approach to Real Estate Investment and Finance Law," 2014 AALS (Association of American Law Schools) Mid-Year Meeting, Workshop on Blurring Boundaries in Financial and Corporate Law, Washington DC, June 8 2014.

Panelist, "Avenues into Legal Academia," J. Reuben Clark Law Society 2014 Annual Conference, University of Missouri Kansas City School of Law, Kansas City, Missouri, February 15, 2014.

Presenter, Current Issues in Common Interest Community Law, ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group, Professors' Corner Webinar, October 9, 2013.

"Freedom of Contract and the Endangered Right to Transfer," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.

"Muddying the Waterfall," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013 (with William E. Foster).

"Curricular Integration and Cat Herding," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013 (with Tonya Kowalski).

Ellen Byers

Other Publications

"Bluebook Refresher," 82:7 The Journal of the Kansas Bar Association 13 (July / August 2013).

James M. Concannon

Chapters in Books

"Evidence," (chapter 13), Kansas Annual Survey (Kansas Bar Association, 2014).

Presentations

"Kansas Rules of Evidence Relating to the Admission of E-mail and Other Electronic Evidence," Kansas Judicial Conference, Topeka, Kansas, June 13, 2014.

"Appellate Jurisdiction - Back to Law School," Kansas Bar Association 2014 Appellate Practice CLE Seminar, February 21, 2014.

Professional Service

Attended the Uniform Law Commission Committee on Style meeting, Austin, Texas, April 24-27, 2014.

Attended the Strengthening States Delegations Committee meeting, Salt Lake City, Utah, March 8, 2014.

Myrl L. Duncan

Presentations

"High Noon on the Ogalalla Aquifer Revisited," Sierra Club - Kansas Chapter Fortieth Anniversary Conference: Planning the Next Forty!, Topeka, Kansas, March 8, 2014.

Panel Moderator, "Contemporary Race Issues: Confronting Inequality in the 21st Century," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

Cited by Illinois Supreme Court, In re Marriage of Turk (June 19, 2014): "The Federalization of Child Support Guidelines," 6 Journal of the American Academy Matrimonial Lawyers 103 (1990).

"A Review of the Year in Family Law 2012-2013: A Banner Year for Same-Sex Couples," 47 Family Law Quarterly 505 (2014) (co-authored with Robert G. Spector).

Cited by Texas Supreme Court,  In re Stephanie Lee (September 27, 2013): "Reforming the System to Protect Children in High Conflict Custody Cases," 28 William Mitchell Law Review 495 (2001).

Cited by Kentucky Supreme Court, Morgan v. Getter (August 15, 2013): "Raising the Bar for Lawyers Who Represent Children: ABA Standards of Practice for Custody Cases," 37 Family Law Quarterly 105 (2003).

"A Review of the Year in Family Law 2011-2012: "DOMA" Challenges Hit Federal Courts and Abduction Cases Increase," 46 Family Law Quarterly 471 (2013) (co-authored with Robert G. Spector).

Books and Monographs

Child Custody Practice and Procedure. 2014 ed. (Thomson Reuters, 2014).
» See publisher's web site for further description and ordering information.

Teacher's Manual to Accompany Family Law: Cases, Comments, and Questions. 7th ed. American Casebook Series. (co-authored with Harry D. Krause and J. Thomas Oldham) (Thomson West, 2014).

Supplements, Volumes 1 and 2 for 16 chapters in Kansas Law and Practice: Kansas Family Law (2014) (Thomson West).

Cited by Maryland Court of Appeals,  Sumpter v. Sumpter (December 9, 2013): Child Custody Practice and Procedure. 2013 ed. (Thomson Reuters, 2013).

Presentations

"Enforcing Domestic Violence Orders Across Country Borders: A Look at the Uniform Enforcement of Canadian Domestic Violence Orders Act," American Bar Association Section of International Law, International Families: Money, Children and Long-Term Planning, Seattle, Washington, June 20, 2014.

"Kansas Child Support Guidelines and Shared Residency Issues," Young Williams Child Support Services 10th Annual Continuing Legal Education Seminar, Washburn University School of Law, Topeka, Kansas, June 6, 2014.

History of Child Custody Laws and Hints for Parents," Horizons, Solutions for Change Co-Parenting Program, Shawnee County Court Services, Topeka, Kansas, May 22, 2014.

Keynote Address, "Making a Difference," CASA (Court Appointed Special Advocates) Annual Awards and Volunteer Recognition Dinner, Topeka, Kansas, April 10, 2014.

“Co-parenting Your Children: Ways to Avoid Conflict,”  Horizons, Solutions for Change Co-Parenting Program, Shawnee County Court Services, Topeka, Kansas, January 9, 2014.

"Defining Parents in the 21st Century: Do I Have Two Mothers [Fathers]?," Appellate Judges Education Institute, San Diego, California, November 17, 2013.

"Hearing the Voice of the Child - A Voice Not a Choice," Association of Family and Conciliation Courts Regional Training Conference, There’s No Place Like Two Homes: The Complexities of Separation, Divorce and Co-parenting, Westin Crown Center, Kansas City, Missouri, November 8, 2013.

"Current Kansas Parentage Issues: Are You Both My Mother?," Kansas Legal Services, Domestic Violence Training, Topeka, Kansas, September 27, 2013.

"The Past is Prologue: Child Custody and High Conflict Parents," Horizons: Changing the Future, Shawnee County Court Services Program, Topeka, Kansas, September 12, 2013.

"Lawyers Gone Wild: Sex, Lies and Other Ways to Lose Your License," Advanced Family Law CLE program sponsored by the American Academy of Matrimonial Lawyers, Kansas Chapter, and the Washburn Children and Family Law Center, Mission Hills, Kansas, September 12, 2013.

"Case Management or Parent Coordination: Choosing the Best Option," Seventh Annual Case Management Workshop, The Children and Family Law Center, Washburn University School of Law, Topeka Kansas, August 15, 2013 (with Larry Rute).

Professional Service

Attended the American Bar Association Family Law Section Spring Meeting in Hamilton, Bermuda, May 7-11, 2014. (She participated in the Leadership Institute on Wednesday, May 7th. The Publications for the Section also hosted a "Meet the Authors" High Tea. She led a Family Law Quarterly Board meeting, sat on the Family Law Council and participated in the Publications Committee).

Attended the drafting committee for Family Law Arbitration Act, Washington D.C., February 20-13, 2014.

Brief of Amici Curiae of the Family and Child Welfare Law Professors Addressing the Merits and in Support of the Respondents in United States v. Windsor, 133 S. Ct. 2675 (2013).

As the Reporter for a Family Law Arbitration Act being drafted by the Uniform Law Commission, participated in the drafting committee meeting on October 24-27, 2013 in Chicago, Illinois.

Attended the meeting of ACPIL, the legal adviser's Advisory Committee on Private International Law in Washington D.C. October 20-21, 2013. Several of the participants met to talk about some of the major international family law issues.

Attended the Council meeting for the American Bar Association Family Law Section on October 17, 2013 in Park City, Utah. She also chaired the editorial board meeting for the Family Law Quarterly on October 19, 2013.

Reporter for new committee of the Uniform Law Commission that is to draft a Uniform Family Law Arbitration Act, 2013-.

Moderated plenary sessions at The Second International Family Law and Practice Conference: Parentage, Equality and Gender, London, England. July 3-5, 2013 (with Honorable Chief Justice Diana Bryant of the Family Court of Australia; Professor Julia Sloth Nielsen of University of Wetern Cape, South Africa, and Professor Elizabeth Cooke, Law Commissioner for England and Wales and Professor of Law University of Reading).

William E. Foster

Articles in Law Reviews

"Memorializing the Meal: An Analogical Exercise for Transactional Drafting," 36 University of Hawaii Law Review 403 (2014) (co-authored with Emily Grant).

Presentations

"Analogical Exercises for Transactional Drafting," Fourth Biennial Conference on Teaching Transactional Law and Skills, Educating the Transactional Lawyer of Tomorrow, Emory University School of Law, Atlanta, Georgia, June 6, 2014 (with Emily Grant).

"Muddying the Waterfall," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013 (with Andrea Boyack).

John J. Francis

Presentations

"Transforming Our Teaching By Engaging with the Global Community," 37th Annual Conference on Clinical Legal Education, The Association of American Law Schools, Chicago, Illinois, April 28, 2014.

Alex Glashausser

Articles in Law Reviews and Other Scholarly Journals

"Judicial Supremacy Under the U.S. Constitution: A Historical Challenge to the Orthodox View of Congressional Power [Gasshukokukenpo ni Okeru Shihoken no Yuetsu - Gikaikengen ni tsuiteno Tsusetsu eno Rekishi ni Motozuku Chosen (Translator Nobuyuki Sato & Maki Kubo]," 11 Chuo Law Journal 89 (2014).

"Human Rights and Jurisdictional Wrongs: The Misconstrued Alien Tort Statute [Jinken to Kankatsuken no Seigo - Gaikokujinfuhokoiho no Kaishaku no Gobyu (Translator, Shigeo Miyagawa]," 48 Comparative Law Review 121 (Waseda University Institute of Comparative Law, 2014).

Other Publications

"The Impotent Plenipotentiary," The Huffington Post (June 13, 2014).

"Which to Execute: A Prisoner or a Treaty?," The Huffington Post (January 22, 2014).

"Give ’em the Write-Around," 83:1 Journal of the Kansas Bar Association 14 (January 2014).

"Doing Nothing Is a Right, But Is It Right?," The Huffington Post (September 12, 2013).

Presentations

"Human Rights, Jurisdictional Wrongs: The Misconstrued Alien Tort Statute," Waseda University Institute of Comparative Law, Open Lecture Series No.11 (2013), Tokyo, Japan, July 24, 2013.

"International Torts, Extraterritorial Distortion," Chuo University Comparative Law Institute, Tokyo, Japan, July 1, 2013.

"Domestic Courts and Alien Torts," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

Professional Service

Panel of Academic Contributors, Black's Law Dictionary. 10th edition. (Bryan A. Garner ed.) (Thomson Reuters, 2014).

Emily Grant

Articles in Law Reviews

"Memorializing the Meal: An Analogical Exercise for Transactional Drafting," 36 University of Hawaii Law Review 403 (2014) (co-authored with William E. Foster).

Other Publications

"Get off the Island," Idea of the Month, Institute for Law Teaching and Learning, June 2014.

"The Dwindling Art of a Simple Letter," 83:5 The Journal of the Kansas Bar Association 16 (May 2014).

"A Krafty Review," Idea of the Month, Institute for Law Teaching and Learning, December 2013.

Review, "Teaching Transactional Skills in Partnership with the Bar" (Carl Circo, 9 Berkeley Business Law Journal 187 (2012)), Article of the Month (September 2013), Institute for Law Teaching and Learning.

Presentations

"Analogical Exercises for Transactional Drafting," Fourth Biennial Conference on Teaching Transactional Law and Skills, Educating the Transactional Lawyer of Tomorrow, Emory University School of Law, Atlanta, Georgia, June 6, 2014 (with William E. Foster).

"Students at the Front of the Classroom," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013.

“The Pink Tower Meets the Ivory Tower: Adapting Montessori Teaching Methods for Law School,” Association of Legal Writing Directors Scholars’ Forum, University of Kansas School of Law, Lawrence, Kansas, September 27, 2013.

Randall L. Hodgkinson

Media Interviews

Quoted, "Court Reverses Itself on Drug Tax-Stamp Law in Kansas," The Wichita Eagle, January 21, 2014, (State of Kansas v. Michael Rae Hensley, Kansas Supreme Court, January 29, 2013).

Quoted, "Passage of 'Hard 50' Bill Paves Way for End of Special Session," The Topeka Capital Journal, September 4, 2013.

Professional Service

Testified at Special Committee on Judiciary, August 26, 2013 (regarding proposed legislation for upcoming special session on the Kansas Hard-50 sentencing proposal).

Janet Thompson Jackson

Media

Host, I've Got Issues (produced by Washburn University's public broadcasting station KTWU), select episodes (see all episodes).

  • Host, "Brown at 60," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), May 29, 2014.

Presentations

Panelist, "Curricular Reform - Preserving the Integrity of Experiential Learning Curriculum Reform Track," 37th Annual Conference on Clinical Legal Education, The Association of American Law Schools, Chicago, Illinois, April 29, 2014.

Presenter, "Clinical Legal Education: The Pathway to Practice," East-West Management Institute/Judicial Independence and Legal Empowerment Project Conference, Tbilisi, Republic of Georgia, February 15, 2014.

Guest Presenter, The McClure Youth Leadership Academy, McClure Elementary School, Topeka, Kansas, January 27, 2014.

Professional Service

Co-Vice President, Clinical Legal Education Association, 2014.

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for ALWD Citation Manual, 2013 Edition (co-authored with Tracy McGaugh Norton, Christine Hurt, Guy Raymond Jones) (LexisNexis, 2013).
» See publisher's web site for further description and ordering information.

Presentations

"Recent Developments in United States Supreme Court Cases," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.

Professional Service

Testified on behalf of the Judicial Council Agricultural Corporations Advisory Committee before the Senate Standing Committee on Natural Resources, January 16, 2014.

Lead Editor, Journal of Legal Communications and Rhetoric, 2013-.

Patricia L. Judd

Articles in Law Reviews

"The TRIPS Balloon Effect," 46 New York University Journal of International Law and Politics 471 (2014).

Presentations

"Intellectual Property's Forgotten Development Divide," 2014 Junior Intellectual Property Scholars' Association Workshop, Washburn University School of Law, Topeka, Kansas, June 12, 2014.

"Retooling TRIPS," 2013-2014 Regional Junior Faculty Workshop, Washington University School of Law, St. Louis, Missouri, February 28, 2014.

Conferences Planned

Inaugural Annual Workshop of the Junior Intellectual Property Scholars' Association, Washburn University School of Law, Topeka, Kansas, June 12-13, 2014.

Professional Service

Founding Co-chair, Junior Intellectual Property Scholars' Association (JIPSA), 2013-.

Michael Kaye

Media Interviews

Quoted, "Capital Murder Defendant Has Filed Court Pleadings for Two Other Defendants," CJOnline / The Topeka Capital-Journal (April 27, 2014).

L. Ali Khan

Articles in Law Reviews and Other Scholarly Journals

"Arbitral Autonomy," 74 Louisiana Law Review 1 (2013).

Other Publications

Legal Commentaries

"A Quantum Leap Toward Universal Spirituality," The Huffington Post, May 20, 2014.

Foreign Affairs Commentaries

"Bangladesh -- Toxic Factionalism and Constitutional Confusions," The Huffington Post, December 16, 2013.

"Understanding Pakistani Geopolitics," The Huffington Post, November 11, 2013.

"Georgia -- A Wounded Nation Seeking Self-Definition," The Huffington Post, July 25, 2013.

"The Crude Exuberance of Pakistani Talk Shows," The Huffington Post, July 8, 2013.

Law and Literature

"Deleting Creative Work," The Huffington Post, December 2, 2013.

Presentations

Panelist, "Islamic Law (CLE)," J. Reuben Clark Law Society 2014 Annual Conference, University of Missouri Kansas City School of Law, Kansas City, Missouri, February 14, 2014.

Professional Service

Taught an intensive week long course in secured transactions to lawyers and law students in Tbilisi, Republic of Georgia (July 11-18 2013).

Tonya Kowalski

Essays and Other Shorter Works

"'Reading' the Classroom: Encouraging Students to Perform Assigned Readings," Idea of the Month, Institute for Law Teaching and Learning, March 2014.

"Much Ado About Issue Statements," 83:3 Journal of the Kansas Bar Association 16 (March 2014).

Review, "Lost in Translation in the Law School Classroom: Assessing Required Coursework in LL.M. Programs for International Students" (Julie Spanbauer, 35 International Journal of Legal Information 396 (2007)), Article of the Month (January 2014), Institute for Law Teaching and Learning.

"Classroom Management, Body Language, and 'Power Poses'," Idea of the Month, Institute for Law Teaching and Learning, September 2013.

Presentations

Co-Facilitator and Presenter, "Legal Writing Workshop V: Best Practices in Structure, Strategy, and Style," National Center for Commercial Law and USAID's Judicial Independence and Legal Empowerment Project, Free University of Tbilisi School of Law, Tbilisi, Georgia, June 12-14, 2014 (with Aïda Alaka).

Presenter and Facilitator, "Best Practices in Government Report Writing," Ministry of Justice of Georgia Workshop, Tbilisi, Georgia, June 11, 2014 (with Aïda Alaka).

Workshop Facilitator, "Legal Writing-Clinic Collaboration Workshop," Elon University School of Law, Greensboro, North Carolina, May 9, 2014.

Presentation and Workshop, "Teaching IRAC: What Do We Tell Our Students and What Do They Hear?: Facilitating the Transfer of Learning Across the Law School Curriculum," Elon University School of Law, Greensboro, North Carolina, May 8, 2014.

"Namaste India: A Summer of Teaching, Learning, Law, and Language," Washburn University Brown Bag International Lecture, Topeka, Kansas, April 16, 2014.

Legal Drafting: Translating the Deal into a Contract," Legal Analysis & Writing Workshop IV, Free University of Tbilisi School of Law, October 9-11, 2013 (with Aïda Alaka).

"Curricular Integration and Cat Herding," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013 (with Andrea Boyack).

Presenter, "Nation to Nation: The Essence of 'Government-to-Government' Relations in Tribal-Federal Consultations," Symbiosis Law School Faculty Seminar, Symbiosis International University, Pune, Maharashtra, India, August 6, 2013.

Other Activity

Visiting International Scholar in Residence, Symbiosis Law School, Symbiosis International University, Pune, Maharashtra, India, July 17 - August 20, 2013

  • First Year BA/LLB Mooting Skills Training (research, writing, and analysis in Torts and Jurisprudence), July 17 - August 13, 2013
  • Guest Lectures, Second Year BA/LLB (advanced IRAC and case reading in Jurisprudence)
  • Guest Lectures, First and Second Year LLM (advanced IRAC; academic legal writing for thesis and publication)
  • Guest Lecture, Innovative and Indigenous ADR in the US, Fifth Year BA/LLB and LLM
  • Faculty Development Workshop I (developing scholarly productivity)
  • Faculty Development Workshop II (current methods for teaching basic and advanced IRAC)

Professional Service

Member, Board of Directors, Association of Legal Writing Directors, 2014-2015.

Shawn Leisinger

Presentation

“Effective Negotiation and Settlement Strategies,” Comparative approaches panel at the 25th Anniversary Meeting of the Kansas Women Attorneys Annual Meeting, CLE presentation, Lindsborg, Kansas, July 26, 2014.

"Ethical Concepts in Negotiation," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.

"Ethical Negotiation Tactics and Techniques for the Solo and Small Firm Practitioner," 2014 KBA Solo & Small Firm Conference, CLE Ethics presentation, Manhattan, Kansas, May 9, 2014.

Craig Martin

Articles in Law Reviews

"Kiobel, Extraterritoriality, and the 'Global War on Terror'," 28 Maryland Journal of International Law 146 (2013).

Opinions/Editorials and Blog Articles

"'Reinterpretation' of Article 9 Endangers Japan's Rule of Law," The Japan Times, June 27, 2014.

"When Should We Violate International Law in Order to Enforce It?," Huffington Post, September 9, 2013.

"International Law and U.S. Military Strikes on Syria," Huffington Post, August 31, 2013.

Presentations

"Hopes Fulfilled? The Illegitimate Children Case and Equality Rights in Japan, Law and Society Association Annual Meeting, Minneapolis, Minnesota, May 30, 2014.

"Extending the Limits of Armed Conflict," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

Panelist, "Drones, Targeted Killing, and Cyber-Warfare Issues," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

"Extending the Limits of Armed Conflict," University of Missouri School of Law, Faculty Colloquium Series, Columbia, Missouri, September 20, 2013.

「憲法第九条改正:法律的な議論」、大阪大学大学院法学研究科、教授研究会、2013年8月1日。["Amending Article 9 of the Constitution: A Legal Argument," Osaka University Graduate School of Law and Politics faculty presentation, Osaka, Japan, August 1, 2013].

Joseph P. Mastrosimone

Articles in Law Reviews

"Limiting Information in the Information Age: The NLRB's Misguided Attempt to Squelch Employer Speech," 52 Washburn Law Journal 473 (2013).
See also: "Mastrosimone on the NLRB's Election Rules," Workplace Prof Blog, June 19, 2013.

Essays and Other Shorter Works

"Washburn University School of Law: Helping to Create a Diverse Bar," 83:6 Journal of the Kansas Bar Association 12 (June 2014).

"Unionizing College Football Players Is More Than a Hail-Mary Pass," The Huffington Post, January 31, 2014.

"NLRB Should Rethink Not Reissue Election Reform Rules," The Huffington Post, December 13, 2013.

"Ending the War Games Over the NLRB," The Huffington Post, July 23, 2013.

Presentations

"Funny Ha Ha or Funny Uethical?: What Our Students Can Learn From Judicial Bench Slaps," 16th Biennial Conference of the Legal Writing Institute, Philadelphia, Pennsylvania, June 30, 2014.

"Update on Employment and Labor Law," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

Professional Service

Guest blogger, Workplace Prof Blog: Current Events and Emerging Issues in Labor and Employment Law (August 2013). 

Nancy G. Maxwell

Miscellaneous Scholarly Writings

Brief of Amici Curiae of the Family and Child Welfare Law Professors Addressing the Merits and in Support of the Respondents in United States v. Windsor, 133 S. Ct. 2675 (2013).

CLE Outlines

"Recent Developments in Same-Gender Relationships and Parentage," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.

Lori A. McMillan

Chapters in Books

"Banking, Commercial & Contract Law," (chapter 2), Kansas Annual Survey (Kansas Bar Association, 2014) (co-authored with Amy Deen Westbrook and Andrea Boyack).

"Noncharitable Nonprofit Organizations in Canada: An Empirical Examination" in The Quest for Tax Reform Continues: The Royal Commission on Taxation Fifty Years Later (Kim Brooks, editor) (Carswell, 2013).
» See publisher's website for description and ordering information.

Other Publications

"Transferee Shareholders and The Long Arm of the IRS," 141 Tax Notes 223 (October 14, 2013).

"Potential Treaty Issues Arise in the 'Trade or Business' Landscape," 140:7 Tax Notes, 721 (August 12, 2013).

"A 'Trade or Business' Shot Across the Bow: Potential Tax Treaty Issues in Sun Capital," 71:7 Tax Notes International 645 (August 12, 2013).

Media Interviews

Quoted, "How VITA Builds Tax Skills While Helping Communities," AccountingWEB, April 1, 2014.

Presentations

Panelist, "The US Law on Entrepreneurs," (recorded session with Amy Westbrook, Will Foster; moderated by Bill Rich), National Center for Commercial Law, Commercial Law Week, Tbilisi, Georgia, May 21, 2014.

Professional Service

Testified, Kansas Senate Standing Committee on Assessment and Taxation on House Substitute for Senate Bill No. 231, April 1, 2014.

Testified, Kansas House Committee on Taxation in favour of HB 2614 (addressing various issues with the Kansas Court of Tax Appeals and income tax appeals), February 19, 2014.

David E. Pierce

Articles in Law Reviews and Other Scholarly Journals

"2014 Survey on Oil & Gas: Kansas," 1 Texas A & M Law Review 79 (2013-2014).

"Kansas Oil & Gas Update," 19 Texas Wesleyan Law Review 335 (2013).

Books and Monographs

Kuntz A Treatise on the Law of Oil and Gas, Cumulative Supplements, 2014 (LexisNexis) (with Owen L. Anderson, Ernest E. Smith and John S. Lowe).

Co-editor, Oil and Gas Reporter, Volume 177 (2014) (Annual reporting on case law developments).

Teacher's Manual to Cases and Materials on Oil and Gas Law. 6th ed. (2013) (West) (co-author with Owen L. Anderson, John S. Lowe, Ernest E. Smith, and Christopher S. Kulander).

Co-editor, Oil and Gas Reporter, Volume 176 (2013) (Annual reporting on case law developments).

Presentations

"Recent Developments in Oil and Gas Law," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.

"Recent Developments in Contracts and Property Law," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 26, 2014.

"Kansas Oil & Gas Law and the Register of Deeds," Kansas Register of Deeds Association 2014 Annual Meeting, McPherson, Kansas, June 5, 2014.

"Hydraulic Fracturing Regulation and Litigation," Expanding Business Opportunities in the New Energy Environment, Kansas City Metropolitan Bar Association, Kansas City, Missouri, May 8, 2014.

"Correlative Rights," 61st Annual Mineral Law Institute, Louisiana State University Law Center, Baton Rouge, Louisiana, April 3, 2014.

"Kansas Oil & Gas Law: Ten Cases Where the Kansas Supreme Court Got It Wrong," 2014 KBA Oil & Gas Conference, Kansas Bar Association, one-hour presentation, Hays, Kansas, March 7, 2014.

"Issues Rural Communities Face When Attempting to Maximize Land Usage: The Oil & Gas Resource," 2014 Kansas Journal of Law & Public Policy Symposium, Preventing the Ghost Town: What Rural Communities Need to Do to Survive in the Modern Economy, The University of Kansas School of Law, Lawrence, Kansas, February 21, 2014.

"Correlative Rights: The Next 100 Years," State Bar of New Mexico, one-hour presentation, Albuquerque, New Mexico, November 13, 2013.

"Rethinking Oil & Gas Ownership," University of New Mexico School of Law Faculty Presentation, Albuquerque, New Mexico, November 13, 2013.

"The Ethics of Drafting and the Lawyer Representing Renewable Power Project Developers," Special Institute on Renewable Electric Energy Law, Development and Investment, Rocky Mountain Mineral Law Foundation, one-hour presentation, Las Vegas, Nevada, November 8, 2013.

"Common Interests Created in Oil and Gas," and "Split Estates: The Surface Use Issues," Oil & Gas Law Short Course, Rocky Mountain Mineral Law Foundation, three hours of presentations, Westminster, Colorado, October 22 & 23, 2013.

"The Courts and Kansas Oil & Gas Law," 38th Annual Oil & Gas Law Program, Kansas Bar Association and Kansas Independent Oil and Gas Association, one-hour presentation, Wichita, Kansas, October 18, 2013.

"Ethics and Oil and Gas Drafting," 31st Annual Advanced Oil, Gas & Energy Resources Law Course, State Bar of Texas, one-hour presentation, Houston, Texas, October 3, 2013.

"The Role of the CASA Program Attorney: Eight Years as a Program Attorney for CASA of the 31st Judicial District," CASA (Court Appointed Special Advocates) State Director Annual Meeting, one-hour presentation, Topeka, Kansas, August 1, 2013.

Professional Service

Program Attorney, CASA (Court Appointed Special Advocates) of the 31st Judicial District, 2004-2014.

Mary Kreiner Ramirez

Presentations

Moderator, "Criminal Injustice," Tenth Annual Norman Amaker Midwest Public Interest Law and Social Justice Retreat, Woodstock, Illinois, March 15, 2014.

William Rich

Media Interviews

"Death Penalty: The Kansas Execution Process is Under Review," Kansas First News, May 1, 2014.

Quoted, "Kansas: Private Discrimination Against Gays, Lesbians Already Legal in Most of State, The Chieftain, February 28, 2014.

Quoted, "School Funding Advocates Concerned Politics May Impact Finance Ruling," Lawrence Journal-World, September 29, 2013.

"Constitutional Rights and Facebook," Kansas First News, September 27, 2013 (appears at 1:35).

Presentations

"A History of the Civil Rights Act of 1964," City Attorneys Association of Kansas, 2014 Spring CLE, Lawrence, Kansas, June 6, 2014.

"Georgian Law on Prohibition of Discrimination," National Institute for Human Rights, Tbilisi, Georgia, May 22, 2014.

"When Regulations become Takings," National Center for Commercial Law, Commercial Law Week, Tbilisi, Georgia, May 21, 2014.

Panel Moderator, "The Life of Brown," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

Keynote: "Perfect Storm: Democracy in the Path," League of Women Voters Annual Meeting, Topeka, October 2013.

"Citizens United," Topeka Center for Peace and Justice, Washburn University School of Law, Topeka, Kansas, September 19, 2013.

"The Gettysburg Address: Lincoln’s Framework for a New American Constitution," United States Constitution Day, Washburn University, Topeka, Kansas, September 17, 2013.

Professional Service

Guest Commissioner, National Commission on Voting Rights, Kansas City Regional Hearing, University of Missouri-Kansas City School of Law, Kansas City, Missouri, April 21, 2014.

Reginald L. Robinson

Media Interviews

Quoted, "Law Professor Says 'Dual Elections' a Real Possibility This Year," Law Journal-World, February 17, 2014.

Quoted, "Speaker Argues Recent Court Rulings Detrimental to Voter's Rights," The Kansas State Collegian, September 18, 2013.

Presentations

"Update on Election and Voting Law Issues," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

Panel Moderator, "Race and Education Today," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

"Supreme Court Reconsiders Voting Rights Act: Broken Law or Broken Promise?," Dorothy L. Thompson Civil Rights Lecture Series, Kansas State University, Manhattan, Kansas, September 17, 2013.

Thomas J. Romig

Media Interviews

Quoted, "President Obama MIA on Military Sexual Assault?," Politico, August 8, 2013.

"Washburn Law Sees Enrollment Decline, But Doesn't Adhere to National Trends," The Topeka Capital Journal, July 28, 2013.

Quoted, "In Generals Court-Martial, Selection Begins for a Jury of High-Ranking Peers," New York Times, July 19, 2013.

Quoted, "Obama's Remarks Roil Military Sex Cases," StarTribune, July 13, 2013.

Presentations

Guest of Honor and Keynote Speaker, Military Dining Out and Solo and Small Firm Awards Presentation, Solo, Small Firm and General Practice Division, 2013 American Bar Association Annual Meeting, San Francisco, California, August 9, 2013.

David S. Rubenstein

Articles in Law Reviews

"Immigration Structuralism: A Return to Form," 8 Duke Law Journal of Constitutional Law & Public Policy 81 (2013).

Presentations

"The Paradox of Administrative Preemption," William S. Boyd School of Law, University of Nevada, Las Vegas, February 2014.

“The Paradox of Administrative Preemption,” The Association of American Law Schools Annual Meeting, New Voices in Administrative Law Workshop, New York, New York, January 3, 2014.

“The Paradox of Administrative Preemption,” Washington University School of Law, Junior Faculty Workshop, St. Louis, Missouri, December 13, 2013.

"The Paradox of Administrative Preemption," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.

Frédéric G. Sourgens

Articles in Law Reviews and Other Scholarly Journals

"Uncommon Remedies in International Dispute Resolution," 107 Proceedings of the Annual Meeting-American Society of International Law 33 (2014) (co-authored with Isabel Fernández de la Cuesta, Jennifer Gorskie, Carmen Martinez López, James Upcher, Elizabeth Whitsitt, and Jarrod Wong).

"Law's Laboratory: Developing International Law on Investment Protection as Common Law," 34 Northwestern Journal of International Law & Business 181 (2014).

"What is a Distressed Investor to Do?," 1 Journal of Damages in International Arbitration 103 (2014) (co-authored with Michael D. Nolan).

Die Geister Die Ich Rief, Uncommon Remedies in International Dispute Resolution, 107 American Society of International Law Proceedings 33 (with co-authors: 2013).

"Keep the Faith: Investment Protection Following the Denunciation of International Investment Agreements," 11 Santa Clara Journal of International Law 335 (2013).

Books and Monographs

Co-editor, Investment Treaty Arbitration and International Law - Volume 7 (with Ian A. Laird, Borzu Sabahi, and Todd J. Weiler) (Juris Publishing, 2014).
» See publisher's website for description and ordering information.

Co-editor, Investment Treaty Arbitration and International Law - Volume 6 (with Ian A. Laird, Borzu Sabahi, Todd J. Weiler and Associate Editor, Kabir Duggal) (Juris Publishing, 2013).
» See publisher's website for description and ordering information.

Chapters in Books

"Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk" in Investment Treaty Arbitration and International Law - Volume 7 (co-edited with Ian A. Laird, Borzu Sabahi, Todd J. Weiler) (Juris Publishing, 2014).

"Public Contract Guarantees by National Institutions" (co-author with Michael Nolan and Mark Rockefeller) in The Internationalization of Public Contracts (edited by Mathias Audit & Stephan Schill) (Bruylant: 2014).

"Free Trade à l'Americaine -- NAFTA, DR-CAFTA and Beyond" in Investment Treaty Arbitration and International Law - Volume 6 (co-edited with Ian A. Laird, Borzu Sabahi, Todd J. Weiler and Associate Editor, Kabir Duggal (Juris Publishing, 2013).

Book Reviews

"Truth in Method," review of The Interpretation of International Investment Law: Equality Discrimination and Minimum Standards of Treatment in Historical Context by Dr Todd Weiler (Martinus Nijhoff, The Hague, Netherlands 2013), 29:1 ICSID Review 247 (2014).

Editorial Appointments

Corresponding Editor, International Legal Materials (published by the American Society of International Law), April 2014-.

Peer Reviewer, Journal of International Dispute Resolution (Oxford University Press), 2014-.

Managing Editor, Investment Claims (Oxford University Press), 2013-2015.

Other Publications

"A Bit of a Virtual Vade Mecum" OUPblog (July 24, 2013).

Presentations

"Frack that! Can Investment Treaties Provide Effective Protections Against Fracking Bans?," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

Panelist, "Applicable Law in Transnational Proceedings, Comparative Law and Rhetoric in International Arbitration," National Commercial Law Week, National Center for Commercial Law, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 25, 2014.

Panelist, "Recognition and Enforcement of Interim Measures Issued by International Arbitral Tribunals," National Commercial Law Week, National Center for Commercial Law, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 25, 2014.

Lecturer, "Political Risk and Government Change: The Good, the Bad and the Ugly," National Center for Commercial / National Institute for Human Rights, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 24, 2014.

Lecturer, "Iura Novit Curia in Investor-State Arbitration," National Center for Commercial Law / National Institute for Human Rights, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 23, 2014.

Guest Lecturer, "Nullity in International Law," Georgetown University Law Center, Washington, D.C., April 11, 2014.

Moderator, "The Interpretation of International Investment Law," Young International Centre for the Settlement of Investment Disputes (World Bank), Washington, D.C., February 27, 2014.

Faculty, "Discovery in International Arbitration Skills Training Workshop," Young ICCA, Boston, Massachusetts, October 7, 2013.

Conferences Planned

Co-Chair, New Developments in Investment Treaty Arbitration: A Return to Fundamentals?, Eighth Annual Investment Treaty Arbitration Conference, Washington, D.C., March 28, 2014. (Keynote address by George Kahale III nominated for Global Arbitration Review best speech in 2014.)

Amy Deen Westbrook

Books and Monographs

International Business Transactions: A Context and Practice Casebook. (Carolina Academic Press, 2014).
» See publisher's website for description and ordering information.

Chapters in Books

"Banking, Commercial & Contract Law," (chapter 2), Kansas Annual Survey (Kansas Bar Association, 2014) (co-authored with Lori A. McMillan and Andrea Boyack).

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.