Wake Forest University School of Law’s Faculty News and Notes Summer 2009

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

Carol B. Anderson
· In-house course at Womble Carlyle Sandridge & Rice, PLLC’s main office July 10 and 11 in Winston-Salem, focusing on the psychology of opening statements and closing arguments. WCSR associates from several different offices will attend this seminar and will participate in related simulations with Professor Anderson coaching their efforts.

· Chair of the N.C. State Bar Foundation’s CLE Program Subcommittee in 2008.  She works closely with the Bar Foundation staff and attorneys throughout the state in overseeing the many continuing legal education programs sponsored annually by the N. C. State Bar Foundation.

· A book that focuses on the psychology of juror decision-making.  She plans to complete the text in the summer of 2009.  Her co-author is Rhode Island attorney Mark Mandell, a former president of the American Advocates for Justice.

· Received an exceptional offer in fall 2008 from the law firm of Comerford and Britt, LLP to allow her Litigation Clinic students to serve as participants in a jury focus group.  Next time, students actually conducted the focus group themselves using participants from the community.  The firm graciously offered a repeat experience during the spring 2009 semester.  Students were uniformly enthusiastic about this unique immersion learning process.
· Collaborated with Wake Forest University School of Medicine faculty member Donald Jason, M.D., hosting two joint classes on expert witnesses for her Litigation Clinic students and his Pathology Residents and Fellow.   Litigation Clinic students practiced preparing and examining expert witnesses, while the medical students experienced being prepped and examined by lawyers.  Attorneys and Trial Practice Adjunct Professors David Hall, Joseph Anderson and Kim Stevens also demonstrated expert witness techniques for the students.  This maiden voyage was deemed a great success and future such cross-disciplinary exercises are expected.

Jennifer Collins
· “Privilege or Punish:  Criminal Justice and the Challenge of Family Ties” (Oxford University Press 2009).  The Yale Law Journal has agreed to run a feature on the book in its upcoming volume.  The book will also be the subject of a panel at the upcoming Law and Society Association conference in Denver.
· “Eight is Enough,” Northwestern Colloquy (May 10, 2009)

· Promoted to full professor with tenure

· Received the 2009 Jurist Award for Excellence in Teaching, which is awarded by the graduating class.

Chris Coughlin
· “Preimplantation Genetic Diagnosis - Ethics and Intellectual Property Law,” CLE presentation sponsored by the North Carolina Bar Association
· “Hot Topics in Bioethics,” presentation sponsored by the Wake Forest University Lifelong Learning program
· “Teaching Writing to Graduate Students,” panel discussion sponsored by the Wake Forest University Teaching and Learning Center
· “Ethics and Regenerative Medicine”  Moderated panel at the symposium sponsored by the Wake Forest University Intellectual Property Law Journal

· Wake Forest University Graduate School of Arts and Sciences.

· See One, Do One, Teach One:  Dissecting Medical Education’s Signature Pedagogy in the Law School Classroom (forthcoming Georgia State University Law Review 2010 with Lisa T. McElroy & Sandy Patrick).
· The Other Side of the Story:  Using Cognitive Tools of Graphic Organization to Teach Counter-Analysis (forthcoming University of Baltimore Law Review 2009 with Lisa T. McElroy).
· Ethics in Regenerative Medicine (Wake Forest University Intellectual Property Law Journal with Nancy King and Mark Furth).
Michael Kent Curtis

· Keynote address at a Conference on Incorporation of the Bill of Rights at the University of San Diego School of Law.  “The Bill of Rights and the States: An Overview From One Perspective”  Jan. 7, 2009
· Keynote Address at a Conference on the Second Amendment After Heller, Hastings College of Law  Feb. 13, 2009: “The Bill of Rights and the States Revisited After Heller”

· “Be Careful What You Wish For:  Days, Dueling T-Shirts, and the Perils of Suppression.”  Wake Forest Law Review , June 2009.
· “The Klan, The Congress, and the Court:  Congressional Enforcement of the Fourteenth and Fifteenth Amendments & the State Action Syllogism:  A Brief Historical Overview,” University of Pennsylvania Journal of Constitutional Law.”  (expected June-July  2009)
· “The Bill of Rights and the States Revisited After Heller,” Hastings Law Journal (expected summer 2009)
· “The Bill of Rights and the States:  An Overview From One Perspective”  Journal of Contemporary Legal Issues (expected summer 2009)

Timothy Davis
· “Title IX Liability for Sexual Harassment,” Diversity and Sports Symposium, Widener University School of Law (March 12, 2009)
· Davis attended a meeting of the Contracts Drafting Committee of the National Conference of Bar Examiners in March 2009.

· Elected to serve on the board of the NCAA Scholarly Colloquium and appointed to the editorial board of the Journal of Intercollegiate Sport

· “Sports Law and Regulation: Cases, Materials, and Problems” (Aspen, 2d ed. 2009) (with Matthew Mitten, Rodney Smith and Robert Berry)
· “Athlete Eligibility Requirements and Legal Protection of Sports Participation Opportunities,” 8 Virginia Sports & Enter. L. J. 71 (2008) (with Matthew Mitten)

Miki Felsenburg
· Legal Writing Institute’s Writer’s Workshop in Portland, Oregon, summer 2009.  Working on research with Laura Graham devoted to learning why learning legal writing is so difficult and how to make it less stressful for beginning students.

Laura Graham
· Legal Writing Institute’s Writer’s Workshop in Portland, Oregon, summer 2009.  We are working on research devoted to learning why learning legal writing is so difficult and how to make it less stressful for beginning students.

Michael Green
· “Restatement (Third) of Torts: Liability for Physical and Emotional Harm, Chapter on Land Possessor Duties,” American Law Institute annual meeting, Washington, DC.
· “Design Defects in the Third Restatement of Torts,” Washington University School of Law
· “Principles of European Tort Law in the United States,” European Group on Tort Law meeting, Vienna, Austria.
· Presentation of Prosser Award for 2009 to Dan Dobbs, AALS annual meeting.
· Planned and hosted at the Wake Forest School of Law a symposium devoted to the Restatement (Third) of Torts. Leading torts lawyers and academics, several Justices of state Supreme Courts from across the country, and ALI officers came together to critique and praise this document during two days in April. Lance Liebman, the director of the ALI, called it the best symposium he had attended in almost 40 years of law teaching.

· “The Congruity of the Second and Third Restatements on Design Defects, 73 Brooklyn L. Rev. 803 (2009) (symposium contribution)

· Completed work as an advisor to the National Judicial College’s preparation of a Manual for Complex Litigation for state court judges at a meeting of the advisory committee in Phoenix.

Mark Hall
· “Regulatory and Corporate Law Update,” ASLME Health Law Teacher’s Conference, Cleveland, June 2009.
·  “The Constitutionality of Mandates to Purchase Health Insurance,” ASLME Health Law Teacher’s Conference, Cleveland, June 2009, and  O’Neill Institute for Health Law, Georgetown Univ., April 2009.
· “The Ethics and Practice of Consumer-Driven Health Care,” Univ. British Columbia, Vancouver, April 2009, and Univ. of Montana, Missoula, March 2009.
·  “An Essentialist View of Health Care Law,” Univ. British Columbia, Vancouver, April 2009.

· When Patients Say No (To Save Money): An Essay on the Tectonics of Health Law. 41 Conn. L. Rev. 743-80 (2009), with Carl Schneider.
· The Patient Life: Can Consumers Direct Health Care? 35 Am. J. L. & Med. 7-65 (2009), 2nd author with Carl Schneider.
· Ownership of medical information, 301 JAMA 1282-4 (2009). with Kevin Schulman.
· Community Hospital Oversight of Clinical Investigators’ Financial Relationships, 31 IRB: Ethics Hum Res. 7-13 (2009); 1st author, with K. Weinfurt, J. Lawlor, et al.

John Knox
· “Linking Human Rights and Climate Change,” Symposium on Climate Change and Global Justice, Harvard Law School, March 6, 2009.
· “Sources of Relevant Human Rights Obligations,” Workshop on Climate Change, Human Rights, and International Law, World Bank, Washington, D.C., May 7, 2009.
· “Climate Change as a Threat to Human Rights,” Symposium on Climate Change and Human Rights, University of Washington, May 28, 2009.
· “Climate Change and Human Rights,” Panel Discussion, U.N. Human Rights Council, June 15, 2009, Geneva, Switzerland.

· “Diagonal Environmental Rights,” in Universal Human Rights and Extraterritorial Obligations (Mark Gibney and Sigrud Skogly eds., 2009).

Barbara Lentz

· “Are students prepared to meet current demands of modern legal practice?,” panel discussion at the 2009 North and South Carolina Legal Research & Writing Colloquium, held at Elon University School of Law in May 2009.

Kate Mewhinney

·  First Expert Group Meeting on the Rights of Older Persons; United Nations, Division for Social Policy and Development; May 4-8, 2009; Bonn, Germany.

·  “Ethical Dilemmas When Wards Improve,” National Guardianship Association, 2009 Colloquium on Guardianship, April 25, 2009, Charlotte, NC.

·  “Legal Preparation for Your Golden Years,” Wake Forest University Professional Development Center, February 30, 2009.

·  “Tweaking The Elder Law Practice to Achieve the Highest Professional Standards,” 13th Annual Elder Law Symposium, N.C. Bar Foundation, February 27, 2009, Cary, N.C.


·  “Preventing Exploitation Perpetrated Using Powers of Attorney,” 13th Annual Elder Law Symposium, N.C. Bar Foundation, February 27, 2009, Cary, N.C.

· E-Clinic News (Spring 2009)


Blake Morant
· “A Conversation on Diversity in Legal Education” with Howard University School of Law Dean Kurt Schmoke, sponsored by Wake Forest University School of Law and the Provost’s Office
· Forsyth Academy graduation address
· Howard Law School 1869 Reception

· University of Virginia’s Raven Society, which recognizes students, professors, administrators, and alumni for their scholarly pursuits and their dedication to the University of Virginia’s ideals.
· Vice President of the N.C . Bar Association

Alan Palmiter

· “Business Law Update,” North Carolina Business Section Annual Meeting, Pinehurst, NC
· “Corporate Governance and Climate Change,” Business Law Symposium, Wake Forest Law Review (organizer and moderator)
· “Public Corporation as Private Constitution,” Faculty Workshop, Roger Williams School of Law, Bristol, Rhode Island
· “Mutual Fund Voting: ISS Influence,” Securities Law Symposium, Villanova Law School (with Randall Thomas and James Cotter)

· Member, Planning Group, Center for Energy, Environment and Sustainability, WFU
· Member, Center for Study of Capitalism, WFU
· Member, Global Advisory Council, WFU

· “Corporations: Examples & Explanations – 6th edition,” Aspen Publishers
· “Staying Public:  Institutional Investors in U.S. Capital Markets,” Going Private Symposium, Brooklyn Journal of Corporate, Financial and Commercial Law
· “Star Creation:  Mutual Fund Incubation,” Vanderbilt Law Review (with Ahmed Taha)

Suzanne Reynolds

· “The Effects of Incarceration on the Family,” panelist in The Effects of Incarceration on American Families, Wake Forest University School of Divinity, Winston-Salem, NC, February 21, 2009.

· “Remembering the Children: Helping Children in Custody Battles,” speaker, Twin City Kiwanis, Winston-Salem, NC, April 15, 2009


· Instructor in the training program for custody guardians at litem, Kilpatrick Stockton LLP, Winston-Salem, NC, January 30, 2009
· Pro Bono Committee, Wake Forest University School of Law


· Women of Achievement Award from the General Federation of Women’s Clubs of North Carolina in recognition of her work in domestic violence and in improving the law of the family.

Sidney Shapiro

· Panelist, “OIRA Oversight in the Obama Administration,” 5th Annual Administrative Law & Regulatory Practice Institute, Section of Administrative Law and Regulatory Practice, American Bar Association, Washington, D.C., June 10.


· Visiting Professor of Law, University of Padova, Padova, Italy, April 1 – May 31, 2009.

· Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, 32 HARV. ENV. L. REV. 433 (2008) (with Christopher Schroeder)

Margaret Taylor
· SCOTUS talk regarding United States v. Flores-Figueroa, a case that could decide the fate of thousands of illegal aliens arrested in workplace raids across the country.

Wendy Parker

· “A Conversation About Race” with Professor Lullen Curry, Wake Forest University School of Law event sponsored by BLSA.


· “Limiting the Equal Protection Clause Roberts Style,” University of Miami Law Review (2009) (symposium issue)

George Walker


· Commentator for a panel discussion, “Occupation in Iraq,” in a colloquium, “The War in Iraq: A Legal Analysis,” sponsored by the International Law Department, Center for Naval Warfare Studies, of the Naval War College, June 23-25, 2009, at Newport, R.I. Also participated in an International Law Update program. Walker was Stockton Professor of International Law, 1992-93, at the College.

· “Self-Defense, the Law of Armed Conflict and Port Security,” as panelist in Symposium, “The Ins and Outs of the Modern Port: Where Do We Go from Here?,” . S.C. Sch. L., Feb. 27, 2009, Columbia, South Carolina.

· American Law Institute Members Consultative Group for its project on a Restatement for international arbitration

· International Law Association Baselines Committee as a representative from the International Law Association (American Branch).

· Chair, International Law Association (American Branch) Law of the Sea Committee research project on the U.N. Convention on the Law of the Sea.

· Researched and edited Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define (Mar. 16, 2009).

· Filling Some of the Gaps: The International Law Association (American Branch) Law of the Sea Definitions Project,” in 32 Fordham Int’l L.J. 1336 (2009).

Robert Walsh
· On March 6, attended his first meeting of the Federal Judicial Foundation Board in Washington, D.C. After the business meeting, the Board met with Chief Justice John Roberts, Jr. at the United States Supreme Court. Professor Walsh was appointed to the Board by Chief Justice Roberts for a five-year term.

· Made the naturalization address to welcome 70 new citizens on February 27 in the courtroom of United States District Judge William Osteen, Jr. in Greensboro.

Ron Wright
· Mexican Drug Violence and Adversarial Experimentation, presentation to the Conference on the Future of the Adversary System at University of North Carolina at Chapel Hill; April 2009 at Chapel Hill, North Carolina.
· The Power of Information Versus the Power of Enforcement, testimony before the United States Sentencing Commission during regional hearings to mark the twenty-fifth anniversary of federal sentencing legislation; February 2009 in Atlanta, Georgia.
· November 2009, conference at Cardozo School of Law in New York regarding management techniques as applied to prosecutors’ offices.
· February 2010, conference at University of Missouri-Columbia on public funding for criminal defense counsel.

· How Prosecutor Elections Fail Us, 6 Ohio St. J. Crim. Law 581-610 (2009) [The first nationwide empirical examination, either in legal scholarship or political science scholarship, dealing with the election of criminal prosecutors]
· Guilty Pleas and Sub-Markets, 157 U. Pa. L. Rev. PENNumbra 68 (2008), http://www.pennumbra.com/ responses/11-2008/Wright.pdf.