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Faculty News and Notes for December 2007

Following is the most recent roundup of Wake Forest University School of Law’s faculty research, publications, presentations, honors and awards.

Carol Anderson is pleased to announce the addition of two new civil law placements to the Litigation Clinic offerings. Brent Helms (JD ’92) and Nathan Childs (JD ’06) of Robinson & Lawing in Winston-Salem will mentor a student in the spring semester. Brent Helms is a partner with 15 years of broad litigation experience, built upon a stellar academic record and a clerkship at the NC Court of Appeals. Nathan Childs is an American Association for Justice Trial Team and Litigation Clinic alumnus who will be keenly aware of what it is like to be a student in need of a good mentor. Another Litigation Clinic alum, James Roane (JD ’99) and his partner Karonnie Truzy (JD ’01) of Crumley & Associates in High Point will also join us for the first time this spring. Jamie was an outstanding member of the Wake Forest National Trial Team as a law student and was recently recognized as the “Outstanding Young Gun” among top attorneys under the age of 40 by Business NC Magazine. Karonnie Truzy is another superb WFU trial team competitor who has worked with the law school’s Academic Success Program.

Bobby Chesney traveled to Charlottesville in early November to speak to students at the Army JAG School regarding the state of litigation arising out of Guantanamo Bay, and gave a similar presentation later that week as part of a symposium sponsored by Roger Williams School of Law (where our former colleague David Logan is now the Dean). The next week, Professor Chesney spoke about extraordinary rendition at the annual national security law conference sponsored by the American Bar Association’s Standing Committee on Law and National Security, and again the next day at a symposium in Chapel Hill. In late November, Chesney traveled to Ottawa to testify before the Commission of Inquiry into the Bombing of Air India Flight 182 concerning U.S. counterterrorism law. Professor Chesney’s next publication, an article co-authored with Jack Goldsmith on the topic of enemy combatant detention, has been accepted for publication in the Stanford Law Review.

Shannon Gilreath was the keynote speaker at the annual Kaleidescope Awards of the Parents, Family & Friends of Lesbians and Gays (PFLAG). His op-ed, “In Defense of the Employment Non-Discrimination Act,” was published in October in the Manhattan-based Gay City News, the largest circulation gay newspaper in the United States.

Sue Grebeldinger prepared a Civil Procedure Update paper for Wake Forest Continuing Legal Education. She presented the paper in Raleigh, Asheville, and Winston-Salem.

Mike Green attended a meeting of the American Law Institute in Austin, Texas at which a draft of the final chapter of the Third Restatement of Torts, for which he is a Co-Reporter, was initially presented and discussed. He and his Co-Reporter have revised that draft, which will next be considered by the Council of the ALI at its meeting in Philadelphia in December. In October, Green co-taught a Judicial Continuing Education Program for Pennsylvania judges on Managing Complex Litigation in both Philadelphia and Pittsburgh. Green also represented the law school at two recruiting events for prospective law students—one at Vanderbilt University and the other in Philadelphia for all Philadelphia area college students. With a co-author, Green also completed work on a paper that addresses the proper role of “duty” in tort law, responding to a number of critics of its treatment in the Third Restatement of Torts. That article will be published next year in the University of Southern California Law Review.

Mark Hall gave the following talks during November: “Health Policy: A Constitution-Free Zone,” Stanford University Center for Advanced Study in the Behavioral Sciences; “Patients as Consumers: The Law of Medical Billing,” Harvard Law School; “An Essentialist View of Health Law,” Canadian Health Law Association, and “Community Hospitals’ Oversight of Investigator’s Financial Relationships,” Health Care Compliance Association.

Barbara Lentz and Linda Rogers delivered a talk in the law school’s new “Supreme Court of the United States (SCOTUS)” series on November 14 They discussed a case pending before the US Supreme Court, Bowles v. Russell, where the issue is whether the deadline for a notice of appeal is jurisdictional or simply a claims processing rule.

Kate Mewhinney is pleased to present her students’ accomplishments in The Elder Law Clinic’s latest newsletter. And, click here to see a short video produced by the N.C. Bar Foundation about the clinic. In November, Professor Mewhinney gave a presentation on establishing elder law clinics at the Canadian Conference on Elder Law in Vancouver

Susan Montaquila was invited by the Open Society Institute to serve on the Selection Committee for the Palestinian Rule of Law Program. Other members of the 2008 Committee are Sylvia Polo, Dean of Graduate Legal Studies, Columbia Law School and Dora -Marie Sonderhoff, Assist. Director of Admissions of the University of Michigan Law School. Dean Montaquila was also a speaker on an international law panel presentation of the International Law and Practice Council of the North Carolina Bar Association in October at Campbell School of Law.

Joel Newman performed dinner music on clarinet and tenor saxophone, with piano accompaniment, at the Samaritan Ministries soup kitchen on November 15. On November 20, Newman, as part of a larger ensemble, the Dixie Dawgs, performed for the Forsyth Medical Center’s medical staff quarterly meeting—at their Case of the Year festivities.

Alan Palmiter completed a fourth edition of his best-selling student book, Securities Regulation: Examples & Explanations – to be published by Aspen Publishers in spring 2008. Among other things, the book deals with the convoluted new SEC rules on communications during public offerings. In December , Palmiter spoke in Italy at the University of Florence on the “Corporation as Private Constitution,” asserting that the basic governance and protective mechanisms in the US public corporation mirror those of the US constitutional structure. Also in December, Palmiter participated in a conference at Columbia Law School on “Cross Border Securities Market Mergers.” Palmiter (with Ahmed Taha) also finished an article on “Mutual Fund Investors: Divergent Profiles,” which assesses the investment knowledge and acumen of mutual investors as perceived by the fund industry, the SEC and the academic literature. The investor portrait is not flattering. Taha and Palmiter presented the paper for a seminar at Duke Law School. Palmiter (with Dick Schneider) co-chaired the faculty LLM/International committee, which presented a proposal (approved by the faculty) for a new SJD program for international graduate law students. The program is to begin in fall 2008.

Linda Rogers designed and wrote the appellate problem used as the source for both the Legal Research and Writing III fall writing courses and the Stanley Competition, the finals of which we held on Friday November 16.

Sid Shapiro participated in a panel on “OMB and the Future of Regulatory Analysis” held at the August meeting meeting of the Administrative Law and Practice Section of the American Bar Association in San Francisco. His topic was “An Alternative to Cost-Benefit Analysis.” An article on this topic entitled “Beyond Cost-Benefit Analysis: A Pragmatic Reorientation” will be published by the Harvard Environmental Law Review next summer. His coauthor is Christopher Schroeder, Murphy Professor of Law and Professor of Public Policy Studies at Duke University. Shapiro also spoke at conference sponsored by the Lewis and Clark Law School on “Science and Environmental Law.” The paper he presented on “OMB and the Politicization of Risk Assessment” will be published as an article by the Environmental Law Review in the spring. Shapiro was also a coauthor of a policy paper released by the Center for Progressive Reform (CPR) entitled “Using Agency Preemption to Undercut Health and Safety.” William Funk (Lewis and Clark Law School) and David Vladeck (Georgetown Law School) were coauthors. The paper can be found of CPR’s website here. Shapiro spoke on a panel on this topic at the annual meeting of the Southeastern Association of Law Schools at Amelia Island, Florida in August. Shapiro also authored a chapter in a report on “The Administrative Law of the European Union” published by the Section of Administrative Law and Regulatory Practice. The topic was the “Administrative Law of Privacy in the EU.” The report is available at http://www.abanet.org/adminlaw/eu/finalreport.pdf. He is currently working on a book entitled “The People’s Agents: Executive Branch Accountability for Health and the Environment in the New Millennium.” The book will address the gaps between the ambitious mandates assigned to administrative agencies in their statutory mandates and their steadily weakening track records in achieving many of these goals.

Ron Wright was one of the three featured speakers in November at a conference at the University of Utah on the Innocence Movement After DNA Evidence. The topic of his speech was the use of probation as a punishment for murder in Dallas, and his title was “Dead Wrong.” You can hear his talk here. Penn Law Review’s online companion, Pennumbra, is currently hosting a series of articles responding to Dean Wright’s thought provoking article entitled “Trial Distortion and the End of Innocence in Federal Criminal Justice.” Check this out at http://www.pennumbra.com/