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Faculty News and Notes Winter 2011

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

Jonathan Cardi

Publications

  • New co-author on Remedies: Cases, Practical Problems and Exercises (West 2d ed. 2010)
  • Agreed to join George Christie, Joe Sanders, and Ellen Pryor on the fifth edition of Cases and Materials on the Law of Torts (West 2004)

Don Castleman

Publications

  • “Durable Power of Attorney, Health Care Power of Attorney and Advance Directives,” I ABA Section of Taxation News Quarterly, Fall 2010

Tracey Banks Coan

Publications

  • “Bioethics and the Law:  Using Moot Court as a Tool to Teach Effective Argumentation Skills” (forthcoming 2011 Routledge Press, Annals of Bioethics Series) (with Christine Coughlin  and Barbara Lentz)

Jennifer Collins

Media

  • Featured in “On the Case With Paula Zahn”  on cable channel Investigation Discovery, October 2010

Christine Nero Coughlin

Presentations

  • “Legal Pedagogy in the Classroom,”  How Legal Rhetoric Shapes the Law:  Pedagogy, Theory, Practice, American University School of Law, Oct. 15, 2010  (panel participant)
  • “Medical Malpractice Reform,” Wake Forest University School of Medicine, November 2010

Publications

  • “The Carnegie Report and Legal Writing:  Does the Report Go Far Enough?”  (forthcoming Journal of the Institute of Legal Writing 2011) (with Lisa McElroy and Deborah Gordon)
  • “Pluripotent Stem Cells:  The Search for the Perfect Source” (forthcoming Minnesota Journal of Law, Science & Technology 2011) (with Nancy M.P. King and Dr. Anthony Atala)
  • “When Doctors Become ‘Patients’:  Advocating a Patient Centered Approach for Health Care Workers in the Context of Mandatory Influenza Vaccinations and informed Consent” (forthcoming Wake Forest University Law Review 2010)(symposium piece)(with Nancy M.P. King and Dr. Kathi Kemper)
  • “Bioethics and the Law:  Using Moot Court as a Tool to Teach Effective Argumentation Skills” (forthcoming 2011 Routledge Press, Annals of Bioethics Series) (with Tracey Coan and Barbara Lentz)

Michael Curtis

Presentations

  •  ”Citizens United and Davis v. FEC,  Lochner on Steroids and Democracy on Life Support,”  University of Illinois School of Law colloquium, September 2010.  The current draft of the paper has been on six different  top 10 lists for papers downloaded  on SSRN.

Publications

  • Completed the 3d Edition of the casebook, Constitutional Law in Context, with Wilson Parker and their co-authors

Timothy Davis

Presentations

  • Chaired meeting of the Contracts Drafting Committee of the National Conference of Bar Examiners, April 29-30, 2010

Publications

  • “Eradicating Student-Athlete Sexual Assault of Women: Section 1983 and Personal Liability Following Fitzgerald v. Barnstable,” 2009 Michigan State L. Rev. 630 (with Keith E. Smith)
  • Reaction to “An Economic Look at the Sustainability of FBS Athletic Departments,” 3 Journal of Intercollegiate Sport 22 (2010)
  •  Book Review of Sports and Criminal Behaviors, 3 Journal of Intercollegiate Sport 204 (2010)

Shannon Gilreath

Presentations

  • Successful Litigation Strategies for Advocating for LGBT Youth (Panel discussion at 2010 Lavender Law Conference (annual meeting of the LGBT Section of the ABA)
  • Professor Gilreath participated in a debate with Professors Nelson Tebbe and Deborah Widiss, sponsored by the University of Pennsylvania Law Review. Professor Gilreath’s portion of the debate was published as “Arguing Against Arguing for Same-Sex Marriage” in the Law Review’s PENNumbra forum.  The professors’ exchange has been nominated for the 2011 Law and Society Association’s Article Prize.

Service

  • Provided expert testimony to the Manhattan, Kansas city commission, culminating in the passage of a human rights ordinance protecting LGBT citizens from discrimination.  The ordinance is the first in the state of Kansas to protect against sexual orientation and gender identity discrimination.
  • Served as an expert advisor the Pentagon’s Working Group on “Don’t Ask, Don’t Tell”

Laura Graham

Presentations

  • Panelist, “How Reader-Based Commenting Helps Students Internalize Writing Advice,” Legal Writing Institute One-Day Workshop, Wake Forest University, Dec. 3, 2010

Appointments

  • Assistant Editor for the Journal of the Legal Writing Institute

Media

  • Bi-monthly column in the N.C. Lawyer, “Writing that Works”

Michael Green

Presentations

  • Delivered a paper on Full- Throated Proportional Liability in American Law at a symposium at Charles University in Prague
  • Spoke in CLE Webinars on the Third Restatement of Torts for the Iowa Defense Counsel Association and ALI/ABA
  • Spoke at the annual meeting of the Defense Research Institute in San Diego on the Restatement Third of Torts
  • Spoke at annual meetings of Louisiana Judicial Institute and Louisiana Association of Defense Counsel in New Orleans on the Third Restatement of Torts

Publications

  • Book entitled “Toxic and Environmental Torts” (with R. Craig, A. Klein & J. Sanders) (West 2011)

Appointments

  • Executive Committee, WFU Faculty Senate and Chair, Senate’s Fringe Benefits Committee

Media

  • Interviewed on National Public Radio about BP’s report on the causes of the Gulf oil spill
  • Quoted in New York Times on liability implications of the Gulf oil spill
  • Quoted in U.S Law Week about the implications of Nebraska Supreme Court case on duty in tort law

Mark Hall

Presentations

  •  “Legal Issues in Health Care Reform,” University of Pennsylvania Law School, Philadelphia, October 2010
  • “Constitutional Implications of the Patient Protection and Affordable Care Act,” Northern Kentucky University College of Law, October 2010
  • “Constitutional Challenges to Health Care Reform,” Forsyth Memorial Hospital, Winston-Salem N.C., October 2010
  • “Conflicts of Interest in Medical Research,” Carilion Clinic, Roanoke Va., September 2010
  • “Free Markets, Regulation and the Constitution,” Hillsdale College Center for Constitutional Studies, Washington, D.C., September 2010

 Publications

  • Legal Methods, in J. Sugarman & D. Sulmasy, eds., Methods in Medical Ethics (2d ed. 2010), with Nancy King
  • Per Capita Payments in Clinical Trials: Reasonable Costs versus Bounty Hunting, 85 Acad. Med. 1554-56 (2010), first author with J. Friedman et al
  • Lessons from Credit Bureaus for Improving the Market for Electronic Medical Records, 44(3) J. Consumer Aff.: 546-556 (2010), second author with Craig Richardson & Zagros Madjd-Dadjadi
  • Biobanking, Consent, and Commercialization in International Genetics Research: The Type 1 Diabetes Genetics Consortium (T1DGC), 7 Clinical Trials S33-S45 (2010), with Nancy M.P. King, Letitia H. Perdue, et al
  • Quality Regulation in the Information Age: Challenges for Medical Professionalism, in Medical Professionalism in the New Information Age (2010), second author with Kristin Madison
  • Government-Sponsored Reinsurance, 19 Ann. Health L. 465-78 (2010)

Appointments

  • Fellow of the Hastings Center (Bioethics)
  • Advisory Board to Department Health & Human Services on Consumer-Owned Health Insurance Co-Ops, 2011-2013

Kate Irwin-Smiler

Presentations

  • “Starting off on the Right Track: Avoiding Mistakes that New (and Not-so-new) Instructors Make,” July 12, 2010. AALL annual conference, Denver, Colo.
  • “Access Policies for FDLP Collections in Law Libraries,” Reaching our Peak: Resolving Issues for Law Libraries in the Federal Depository Library Program, July 13, 2010. AALL annual conference, Denver, Colo.

John Korzen

Presentations

  • Moderator, “Grading Papers and Handling Student Conferences,” Legal Writing Institute One-Day Workshop, Wake Forest University, Dec. 3, 2010

Publications

  • “Criminal Appeals to the Fourth Circuit” (forthcoming inaugural newsletter of the Middle District of North Carolina Chapter of the Federal Bar Association)

John Knox

Presentations
• Morrison and the Unpredictable Presumption against Extraterritoriality, Conference on Extraterritoriality of U.S. Law, Southwestern Law School, Los Angeles, Calif., Nov. 12, 2010

Publications
• A Presumption Against Extraterritoriality, 104 American Journal of International Law 351 (2010)

Barbara Lentz

Publications

  • “Bioethics and the Law:  Using Moot Court as a Tool to Teach Effective Argumentation Skills” (forthcoming 2011 Routledge Press, Annals of Bioethics Series) (with Tracey Coan)

Presentations

  • “Developing Students’ Skills & Research Tools to Satisfy Draft ABA Standards,”  Legal Writing Institute One-Day Workshop, Wake Forest University, Dec. 3, 2010 (with Jason Sowards)

 

Tanya Marsh

Presentations

  • “Seminar on Basics of Real Estate Insurance,”International Council of Shopping Centers 2010 Shopping Center Law Conference, Hollywood, Florida, Nov. 4, 2010

Publications

  • “Sometimes Blackacre is a Widget:  Rethinking Commercial Real Estate Contract Remedies,” 88 Neb. Law Rev. 635 (2010)
  •  “The Stagnation of Indiana Real Property Law” (with April Sparks Pyatt), 43 Ind. L. Rev. 967 (2010)
  • “Negotiating and Drafting Lease Insurance Clauses: 10 Questions for Practitioners,” (with Jo-Ann Marzullo), Retail Law Strategist, Volume 10, Issue 2 (2010)

Appointments

  • Re-appointed as Vice-Chair, Property, Casualty, and Other Non-Title Insurance Committee, American Bar Association Real Property Trust & Estate Law Section
  • Fellow, American Bar Foundation (Summer 2010)
  • Rising Star, Indiana Super Lawyers (2011)

Media

  • “A Government-Mandated Foreclosure Moratorium is a Popular (and Bad) Idea,” The Huffington Post, Oct. 27, 2010
  • Research featured in “The Scary New American Cemetery,” Wake Forest News Center, Oct. 27, 2010

Kate Mewhinney

Presentations

  • “Medical-Legal Partnerships Serving the Elderly,” National Aging and Law Conference (sponsors include ABA, AARP, NAELA), Alexandria, VA; Dec. 11, 2010

Publications

  • “The Human Touch:  The Clinical Teaching of Elder Law,”  (forthcoming, Stetson L. Rev., spring 2011)

Media

  • N.C. Lawyers Weekly, regarding mandatory arbitration of nursing home negligence and wrongful death actions. (“Discovery Waives Mandatory Arbitration, Court Holds,” (Nov. 11, 2010, pg. 1)
  • N.C. Lawyers Weekly, “Doctors, lawyers find common ground helping elderly.”  (Dec. 6, 20 10, pg. 1)

Honors

  • Nominated to the federal CLASS Independence Advisory Council, on behalf of the National Academy of Elder Law Attorneys.  The council will advise on  matters of general policy in the administration of the country’s first national voluntary long-term care insurance program, a part of the Affordable Care Act.

Other

  • Joined the National Center for Medical-Legal Partnership, with Wake Forest University School of Medicine’s Department of Internal Medicine, Section on Geriatrics
  • Sponsored program on fraud and older adults, with medical partners and law enforcement.  Nov. 11, 2010, Winston-Salem, N.C.
  • Supervision of clinical students during fall semester, handling 60 cases.  See www.law.wfu.edu/eclinic for the program newsletter and state and national elder law resources.

Susan R. Montaquila

Presentations
• North Carolina Bar Association International Law and Practice Council Panel on Practicing International Law in North Carolina; Elon University School of Law, Nov. 12, 2010

Appointments
• International Law and Practice Council, North Carolina Bar Association, 2010-2011

Invitations/Honors
• Open Society Institute – Palestinian Rule of Law Program selected to
• Serve on semifinalist review panel in New York, NY, Dec. 6 – 8, 2010
• Serve on finalist scholar interview team in Jerusalem and West Bank, Jan. 31 – Feb. 3, 2011

Blake D. Morant

Presentations

  • “Changes in U.S. Legal Education and International Developments,”  University of Leeds, United Kingdom, Nov. 24, 2010
  • “Thomas More’s Dilemma of Conscientious,” Texas Tech University School of Law in Lubbock, Texas, Oct. 15, 2010

Joel Newman

Honors

  • Named American Bar Foundation Fellow, September 2010

Alan Palmiter
Presentations

  • Comments, “Meeting Capital Needs of Small Business,” Conference on Corporate Governance, Weinberg Center, University of Delaware (Nov. 2010)

Publications

  • Securities Regulation: Examples & Explanations (5th ed. Aspen Publishing – forthcoming 2011)
  • Duty of Obedience:  The Forgotten Duty, 55 N.Y.L.S. L. Rev. 491 (2010) (symposium issue)
  • ISS Recommendations and Mutual Fund Voting on Proxy Proposals (with James Cotter and Randall Thomas), 52 Corp. Practice Commentator ___ (2010) (article reprinted, among best corporate law articles of year)

Service

  • At-large Member, Advisory Committee, Wake Forest Center for Energy, Environment and Sustainability

Mark Rabil

Presentations

  •  Update on N.C. Racial Justice Act, North Carolina Advocates for Justice Capital Defense Seminar, January 2010
  • Panelist, “Lynching Then, Lynching Now,” discussing issues of race, the death penalty and the North Carolina Racial Justice Act, along with N.C. State House Reps. Larry Womble and Earline Parmon (sponsors of the Act) and exoneree Darryl Hunt (whose case helped passage of the Act), at Wake Forest School of Law, April 2010
  • NAACP symposium on Jury Service in Capital Cases, Statesville, N.C., along with District Attorney Sarah Kirkman, Senior Resident Superior Court Judge Chris Collier and representatives of Clerk of Court, August 2010
  • Helped organize and prepare panelists for discussion with John Grisham, Wake Forest University’s “Voices of Our Time: Innocence and Justice,” panel discussion focused on wrongful convictions with questions to author John Grisham by Wake Forest Law School Dean Blake Morant, and two students and the co-director from the Wake Forest Law School’s Innocence and Justice Clinic, Wait Chapel, Wake Forest University, September 2010

Other

  • Participated in two, week-long silent meditation retreats, one at Insight Meditation Society, Barre, Mass. (February 2010 – “Metta Retreat for Scientists and Educators”) and another at Spirit Rock Meditation Center, California (July 2010 – “Mindfulness, Wise Speech and Compassionate Communication”), and attended “The Mindful Lawyer:  Practices & Prospects for Law School, Bench and Bar” (October 2010 – U.C.-Berkeley School of Law) (focusing on mindfulness practices in law school and law practice)

Suzanne Reynolds

 Presentations

 

  • Spoke to the Northern Illinois University School of Law faculty on a work in progress, “Custody Guardian Ad Litems for Children in Homes with Intimate Partner Violence.”  Spoke to law students, undergraduates, undergraduate faculty, and community guests of Northern Illinois University on “Deciding the Custody Issue for Children in Homes with Intimate Partner Violence.”

 

Appointments  

  •  Appointed by North Carolina Gov. Beverly Perdue as a commissioner of the National Conference of Commissioners on Uniform State Laws

Sidney Shapiro

Publications

  • The Necessity of Procedural Reform, in Beyond Environmental Law: Policy Proposals for a Better Environmental Future 37 (Alyson C. Lournoy & David M. Driesen eds. 2010) (Cambridge Press)
  • From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers, Center for Progressive Reform, September, 2010 (coauthored with Rebecca Bratspies, Alyson Flournoy, Thomas McGarity, Rena Steinzor,& Matthew Shudtz), available at http://www.progressivereform.org/articles/BP_OSHA_1006.pdf
  • Plausibiity Pleading: Barring the Courthouse Doors to Deserving Plaintiffs, Center for Progressive Reform, May, 2010, (co-authored with William Funk, Tom McGarity, & James Goodwin), available at http://www.progressivereform.org/articles/Twombly_1005.pdf

Presentations

  • Section of Administrative Law & Regulatory Practice, American Bar Association, Fall Meeting, “Depoliticizing Judicial Review,” Nov. 5, 2010
  • Carodoza Law School Symposium, “Paul Verkuil and Pragmatic Adjustment in Government,” Oct. 18, 2010, New York, N.Y.

Testimony

  • Hearing on Protecting the Public Interest: Understanding the Threat of Agency Capture Before the Subcommittee on Administrative Oversight and the Courts of the Senate Judiciary Committee, U.S. Senate, Aug. 3, 2010

Media

  • BNA Occupational Safety & Health Reporter, “House Republican Plan to Pare Back Regulation Could Target Job Safety”, Quoted in story (Nov. 11, 2010)
  • BNA Occupational Safety & Health Reporter, “OSHA’s Noise Proposal Prompts Questions Over Lack of Rulemaking, Feasibility Issue”, Quoted in story (Oct. 28, 2010)
  • BNA Occupational Safety & Health Reporter, “OSHA Gets High Marks in Efforts to Protect Oil Spill Workers Despite Unclear Jurisdiction,” Quoted in Story (Sept. 23, 2010)
  • National Public Radio, To The Point, “How Safe Are America’s Natural-Gas Pipelines?”, Radio interview (Sept. 15, 2010)
  • Radio, The Leslie Marshall Show, “BP, Katrina and Regulatory Failures”, Radio interview (Sept. 3, 2010)
  • Huffington Post, “Boehner’s Attack on Regulation Runs Afoul of Lessons From BP and Katrina”, op-ed (Aug. 30, 2010)
  • The Hill, “Regulation expert blasts Boehner on questioning cost of rulemaking,” op-ed quoted (Aug. 20, 2010)
  • Politico, “Danger on the Hill”, Quoted in story, July 13, 2010)

Kami Chavis Simmons

Presentations

  • “Perspectives on the Shepard-Byrd Hate Crimes Prevention Act of 2009,” panelist, Wake Forest University, Oct. 29, 2010
  • “Cooperative Federalism and Police Reform: Using Congressional Spending Power to Promote Police Accountability,” SE Regional Junior Faculty Working Papers Conference, University of Florida, Dec. 3-4, 2010
  • “The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act: Cooperative Federalism and a Functional Model of Federal-State Collaboration in the Prosecution of Hate Crimes,” MidAtlantic Criminal Law Research Collective, Georgetown University Law School, Washington, D.C., Dec. 21, 2010

Omari Simmons

Presentations

  • Presenter, “The Implications of Social Capital on Higher Education Access,” Thursday’s at Starling Hall Speaker Series, Wake Forest University, Winston-Salem, N.C., Oct. 7, 2010
  • Panelist, “Race and Public Education,” Third Annual National People of Color Legal Scholarship Conference, Seton Hall Law School, Newark, N.J., Sept. 11, 2010

Publications

  • “Innkeepers: A Unifying Theory of  In-house Counsel Value-Creation,” 41 Seton Hall. L. Rev. _ (forthcoming 2011) (with James D. Dinnage)

Appointments

  • American Bar Foundation Fellow, August 2010
  • ALI Members Consultative Group Principles of Law of Nonprofit Organizations

Jason Sowards 

Publications

  • Specialized Legal Research Courses:  Administrative Law,” 29 Legal Reference Services Quarterly 101 (2010)
  • Guide to North Carolina Legal and Law-Related Materials, 2010 Revised Edition (with Nichelle Perry and Donna Nixon), American Association of Law Libraries, Government Documents Special Interest Section, State Documents Bibliography Series

Appointments

  • Inaugural appointment as an American Association of Law Libraries (AALL) Recruitment Ambassador Program by AALL’s Recruitment to Law Librarianship Committee.

Ahmed Taha

Media

  • “How Selective Advertising by Mutual Funds Misleads Investors,” Forbes.com, Dec. 8, 2010

Carol A. Turowski

 Presentations

  • Organizer and panelist, “Wake Forest University’s Voices of our Time: Innocence and Justice;” panel discussion focused on wrongful convictions featuring New York Times bestselling author John Grisham, Wake Forest Law School Dean Blake Morant, Mimi Kendrick (’10) and Jessica Hollenbach (‘10), students of the Wake Forest Law School’s Innocence and Justice Clinic, Sept. 14, 2010 
  • Moderator, statewide press conference announcing filing by Innocence and Justice Clinic of amici curiae brief on behalf of death row inmate raising actual innocence claim and challenging inmate’s sentence based on racial bias pursuant to North Carolina Racial Justice Act, fall 2010
  • Panelist, “What is Justice?,” Leadership Winston-Salem:  Criminal Justice Section of  Government, Criminal Justice & Public Safety Day, Dec. 8, 2010

Media

  •  Huffington Post, Race Factor in Death Penalty, Op-Ed., Aug. 9, 2010
  • Sentencing Law and Policy Blog, Editorial commenting on Huffington Post Op-Ed., Aug. 9, 2010

Honors

  • Who’s Who in Law Higher Education
  • Who’s Who Among Collegiate Faculty

Robert Walsh

Presentations

  • Presentations to American Inns of Court Trustees in Washington, D.C., as chairperson of the first American Inns of Court Capital Campaign and as chair of its Committee on Law School-Based Local Inns.

Honors

  • Elected to Arts Honors Program Leadership Council at Providence College, his undergraduate alma mater. Participated in the initial meeting of this alumni board on Oct. 15, 2010
  • Recognized by Providence College as a “Distinguished Alumnus” and featured on the Providence College website.
  • Member of North Carolina Bar Association’s Committee on Professionalism and Law School Liaison Committee.

George Walker

Presentations

  • Panelist, Guantanamo: The Law, the Dilemma, and the Options, Oct. 14, 2010, North Carolina Center for Creative Retirement, University of North Carolina (Asheville)

Honors

  • Elected Master of the Bench, Joseph Branch Inn, American Inns of Court
  • Attended American Branch International Law Association Executive Committee meeting, Oct. 22, 2010, New York City

Ronald F. Wright
Presentations

  • Criminal Litigators and the Information Age, presentation at conference on Adaptation and Resiliency in Legal Systems; University of North Carolina School of Law; October 2010 in Chapel Hill, N.C.
  • Popular Control of Criminal Justice Actors, presentation to the faculty at Emory University School of Law; September 2010 in Atlanta, Ga.
  • When Does Grandma Scotus Converse Nicely With Others in Criminal Procedure? Presentation at the Southeastern Association of Law Schools; August 2010, in West Palm Beach, Fla.

Publications

  • The Worldwide Accountability Deficit for Criminal Prosecutors, 67 Wash. & Lee L. Rev. ___ (forthcoming 2011) (symposium issue)
  • 2010 Supplement for Criminal Procedures – Cases, Statutes, and Executive Materials (Aspen Publishers 2007) (with Marc Miller)
  • Public Defender Elections and Popular Control of Criminal Justice, 75 Mo. L. Rev. 803 (2010) (symposium issue)
  • New Perspectives on Brady and Other Disclosure Obligations: Report of the Working Groups on Best Practices, 31 Cardozo L. Rev. 1961, 1995-2010 (2010) (author of part IV, Systems and Culture)