Law School Faculty News
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Communications & Public Relations
August 26, 2004
Following is the most recent roundup of Wake Forest University School of Law’s faculty research, publications, presentations, honors and awards.
Professor Carol Anderson has been using her newest book, Anderson on Advocacy, as course material for CLE presentations around the state, including, by special request, a presentation at the annual meeting of the North Carolina Bar Association in June. Professor Anderson is currently serving on the Ethics Committee of the North Carolina State Bar. She plans to update her first book, North Carolina Trial Practice, and start on a new book on depositions in the near future.
Emeritus Professor Rhoda Billings has recently been named to the National Committee on the Right to Counsel established by the Constitution Project of Georgetown University’s Public Policy Institute and the National Legal Aid and Defender Association.
Professor Don Castleman is a member of the Legislative Committee of the Trusts, Estates, and Probate Section of the North Carolina Bar Association. His committee has spent the last two years preparing a revision of Chapter 36A of the General Statutes (Trusts) based on the Uniform Trust Code. Professor Castleman had principal responsibility for the portion of the revision dealing with Charitable Trusts.
Professor Robert Chesney’s article, “Democratic-Republican Societies, Subversion, and the Limits of Political Dissent in the Early Republic,” appeared in the June issue of the North Carolina Law Review. During the spring Professor Chesney participated as a panelist at a conference comparing U.S. and E.U. approaches to terrorism and at a seminar on national security law for Defense Department officials. He also provided testimony this summer to the Senate Judiciary Committee in connection with its oversight of antiterrorism legislation.
Professor Michael Curtis gave a talk this spring at a University of Maryland School of Law symposium on the “New First Amendment.” His talk was entitled “The Ecology of Freedom of Expression: Public Power, Private Power, and Regulation.” Professor Curtis was also an invited participant in a Liberty Fund Conference on Constitutional Interpretation held in the spring. He has published several articles recently: “John A. Bingham and the Story of American Liberty: the Lost Cause Meets the ‘Lost Clause,’” in the Akron Law Review; “Judicial Review and Populism,” in the Wake Forest Law Review (a symposium issue on Marbury v. Madison); “The Court and the Empire,” a book review in Constitutional Commentary, reviewing James G. Wilson, The Imperial Republic: a Structural History of American Constitutionalism from the Colonial Era to the Beginning of the Twentieth Century; and “Democratic Ideals and Media Realities,” in the Journal of Social Philosophy and Policy. The last article has been reprinted in Freedom of Speech, published by the Cambridge University Press.
Professor Tim Davis will present a paper at a conference on “The Evolving Nature of High School, College and Olympic Sports in the 21st Century” on October 22. This conference is sponsored by the National Sports Law Institute of Marquette University Law School. The title of his paper is “Liability of Institutions to Student-Athletes for Negligent Academic Counseling.”
Professor Shannon Gilreath has published two new articles. “Cruel and Unusual Punishment and the Eighth Amendment as a Mandate for Human Dignity: Another Look at Original Intent” was the lead article along with an article by Justice Ginsberg in the 25th anniversary edition of the Thomas Jefferson Law Review. “The Technicolor Constitution: Popular Constitutionalism, Ethical Norms, and Legal Pedagogy,” was published in the Texas Journal of Civil Rights and Civil Liberties. In June, he spoke at a CLE program sponsored by the North Carolina Volunteer Lawyers for the Arts. Professor Gilreath has recently been appointed to the Board of Directors of the North Carolina Central University Museum of Art, as the Assistant Director of the Law School’s LL.M. in American Law Program and as a member of the associate faculty at the Wake Forest Divinity School.
Professor Laura Graham was a presenter at the Legal Writing Institute’s Biennial Conference at Seattle University. Her presentation was entitled “Developing Effective Class Notes: Less is Not Always More.”
Professor Michael Green has a number of speaking engagements and professional commitments scheduled for the upcoming fall. On September 10, he will give the inaugural James Frazier Smith lecture at the University of Iowa College of Law. The title of his talk is “The Wisdom of the Common Law.” On October 7-8, he will attend a Mealey’s conference/CLE in West Palm Beach, Florida on Welding Rod Litigation and make a presentation on “Scientific Evidence of Causation and the Third Restatement of Torts.” On November 9, he will participate in a panel on proof of vaccine causation under the National Childhood Vaccine Act at the Federal Circuit Court Judicial Conference in Washington, DC. Finally, on December 8-9, he will attend the American Law Institute Council Meeting to discuss revisions that will become a Proposed Final Draft of the Restatement of Torts for the annual meeting in May, 2005.
Professor Mark Hall is completing his empirical study of managed health care regulation and is beginning work on two new projects funded by the federal government: (1) financial conflicts of interest in medical research and (2) the costs of health services regulation. He recently published an article in the Duke Law Journal entitled “State Regulation of Medical Necessity: The Case of Weight-Reduction Surgery.”
Professor Sally Irvin is a co-author of a national TWEN course on Law Practice Technology. This summer she presented a program in Boston at the American Association of Law Libraries entitled, “How to Create and Teach a Law Practice Technology Course”. This program was selected to be videotaped for distribution on the West Legal Education Center.
Professor John Korzen has published a new article, “Just the Facts: Ten Tips for Writing a Persuasive Statement of Facts,” in Trial Briefs, a bi-monthly publication of the North Carolina Academy of Trial Lawyers. In addition, Professor Korzen continues a part-time solo practice limited to appeals, and he is arguing an appeal involving breach of contract, covenant not to compete, and Wage and Hour Act issues before the North Carolina Court of Appeals on September 21.
Professor Kate Mewhinney has served recently as Chair of the North Carolina Bar Association’s Elder Law Section. She was a panelist at a recent conference sponsored by the Wake Forest Elder Law Clinic on the law and ethics of the “right to die.” She has served as a legal consultant to the North Carolina Medical Board on the legal standards that apply to end-of-life, palliative care cases, and she has appeared before the Board of Governors of the North Carolina Bar Association and the Health Law Section’s Executive Council concerning a proposed bill to make it a felony to “assist in suicide.” In the upcoming semester, Professor Mewhinney has several planned speaking engagements. On September 30- October 1, she will be a presenter at the North Carolina Bar Association’s 2004 Estate Planning and Probate Law Survey Course in Southern Pines, North Carolina. Her topic is “Guardians and Wards.” On November 1, she will speak at the Charlotte Estate Planning Council on “Diminished Mental Capacity: An Overview of Legal and Medical Standards.” Finally, on November 11 she will speak at the Certification Review Course of the National Elder Law Foundation in Colorado Springs, Colorado on “Elder Law Certification Exam – Strategies for a Successful Exam.”
Professor Alan Palmiter is a founding officer of NC LEAP, a new non-profit whose mission is to identify pro bono engagements for business lawyers in the state to serve the transactional legal needs of low-wealth entrepreneurs — to create jobs and generate economic opportunity. Earlier this spring, he gave an update on NC business law at the NCBA Business Law Section’s annual meeting in Pinehurst, NC. His talk on the “Six Facets of US Corporate Law” presented at the opening convocations of the notarial colleges in Milan and Bologna, Italy was published in Attivita, the Italian notarial law review. His student books Corporations and Securities Regulation (Aspen Law & Business) are being re-published in China, where law students are required to take 10% of their courses in the law and language of a foreign country. His article “Disclosure of Mutual Fund Voting of Portfolio Shares: Why Not?” was selected as one of the top articles in its field and reprinted in Corporate Practice Commentator. This summer he finished a supplement for his Corporations: Law & Policy casebook (West Group with Bauman and Partnoy). He has three major projects planned for this fall: (1) a volume on “US Securities Litigation” for an Italian commercial law treatise — the volume, to be translated into Italian, gives an overview of how the US handles securities fraud and other financial misconduct. This project includes a December conference in Naples/Rome, Italy to discuss securities enforcement with other European scholars; (2) an article on “Mutual Fund Directors – Beyond Supervision,” which imagines an expanded role for boards of mutual funds and will appear in The Business Lawyer. This project includes attendance at a conference in Baltimore, Maryland to discuss the current state of mutual fund regulation; (3) a new edition of Securities Regulation E&E, with new material on the famous Sarbanes-Oxley legislation and mutual fund regulation.
Professor Wendy Parker participated bravely and ably in the re-enactment of the famous oral argument before the Supreme Court in Brown v. Board of Education, a program sponsored by the North Carolina Bar Association in May of this year. In addition, her most recent article, “The Legal Cost of the ‘Split Double Header’ of Gratz and Grutter” will be published in August in the symposium issue of the Hastings Constitutional Law Quarterly.
Professor Tom Roberts has just published the 4th edition of his well-received casebook on land use regulation, Cases and Materials on Land Use, published by West Publishing Company (with Callies and Freilich). He also published two recent articles: “An Analysis of Tahoe-Sierra and Its Help and Hindrance in Understanding the Concept of a Temporary Regulatory Taking,” in the University of Hawaii Law Review; and “Regulatory Takings in the Wake of Tahoe-Sierra and the IOLTA Decision,” in the Urban Lawyer.
Professor Simone Rose made a presentation entitled “Recent Developments in Ethics for Intellectual Property Attorneys” at the Annual Meeting of the Intellectual Property Law Section of the North Carolina Bar Association. Her new article, “On Purple Pills, Stem Cells and Other Market Failures: a Case for a Limited Compulsory Licensing Scheme for Patent Property,” will be the lead article in the Howard Intellectual Property Law Journal’s symposium issue on the Intersection of Intellectual Property and Brown.
Professor Sidney Shapiro recently published two books: an administrative law hornbook entitled Administrative Law & Process, 4th edition (co-authored with Richard J. Pierce and Paul R. Verkuil) and Sophisticated Sabotage: The Intellectual Games Used to Subvert Responsible Regulation (co-authored with Thomas O. McGarity and David Bollier and published by the Environmental Law Institute Press). Finally, his 2003 article, “Outsourcing Government Regulation,” was published this summer in the Duke Law Review.
Professor Tom Steele has just published an excellent new casebook on law practice management entitled Materials and Cases on Law Practice Management: a Learning Tool for Law Students (Lexis/Nexis). Furthermore, Professor Steele has just published a new article, “The MacCrate Report: Its Impact on Education in Law Firm Management,” in the Pace Law Review. Professor Steele is Chair-Elect of the Proposed Section on Law Practice Management of the American Association of Law Schools.
Professor Margaret Taylor presented an article entitled “Dangerous by Decree: Detention Without Bond in Immigration Proceedings” (also published recently in the Loyola New Orleans Law Review) at a symposium on “Terrorism and the Constitution” at the Annual Meeting of the Association of American Law Schools. She made a similar presentation at a symposium on the “Patriot Act” sponsored by the University of North Carolina School of Law. This summer, her 1995 law review article entitled “Detained Aliens Challenging Conditions of Confinement” was quoted by a justice on the High Court of Australia (the equivalent of the U.S. Supreme Court) in a case challenging the conditions of confinement at the notorious Woomera detention center. Justice Kirby wrote an impassioned dissent and cited to Professor Taylor’s article in his opening paragraph. Finally, Professor Taylor was appointed by the General Assembly of the Presbyterian Church (U.S.A.) to a six-year term on the denomination’s Advisory Committee on Litigation. The committee is composed of six judges and lawyers from across the country who advise the Stated Clerk of the Presbyterian Church (U.S.A.) regarding the denomination’s stance in litigation and in amicus briefs filed in the Supreme Court and the Courts of Appeals.
Professor George Walker published “Defining Terms on the 1982 Law of the Sea Convention III: The International Hydrographic Organization ECDIS Glossery” in the California Western International Law Journal. Portions of this piece were also published in the 2003-04 Proceedings of the American Branch of the International Law Association as ongoing research for the International Law Association Law of the Sea Committee. Professor Walker is chair of that committee. Professor Walker also published “Arbitrating Family Law Cases by Agreement” in the Journal of the American Academy of Matrimonial Lawyers. He is a reporter for an American Academy of Matrimonial Lawyers Arbitration Committee research project to develop a model family law arbitration act.
Professor Ron Wright was on leave this past spring, serving as a “Visiting Professor of Law and Criminology” at North Carolina State University. He has made several important presentations recently: he spoke in Miami to the Federal Bar Association’s Annual Symposium on the Federal Sentencing Guidelines; he spoke in Durham to the North Carolina Symposium on Sentencing and Public Safety, sponsored by Families Against Mandatory Minimums; he testified before the Justice Kennedy Commission of the American Bar Association on the subject of “Plausible Sentencing Reforms, Here and Now, From the State Vantage Point”; and he appeared as a “guest blogger” in early August on the “Sentencing Law and Policy” web log (or “blog”). This blog has become a daily resource for many judges, court personnel, practicing attorneys, and academics: over 10,000 readers “hit” the page during his week of posting new entries. His new article, “Parity of Resources for Defense Counsel and the Reach of Public Choice Theory,” will be published later this year in the Iowa Law Review. He is also undertaking two new projects: (1) He has been appointed as a member of the “Sentencing Initiative” of The Constitution Project, a non-partisan organization based at Georgetown University. This group will be studying ways to restructure sentencing rules in light of Blakely v. Washington, decided in June 2004; (2) In October, he will be a panelist at a program at Stanford University to discuss the Blakely v. Washington decision.