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Faculty News and Notes Summer 2011

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

Carol Anderson

Publications

“The Hierarchy of Juror Decision-Making,” to be published this fall   by the National Institute for Trial Advocacy in partnership with Lexis Nexis.

Rewriting both North Carolina Trial Practice (originally published in 1994) and Anderson on Advocacy to reflect recent trends and significant changes in the way lawyers approach trial work.

Jonathan Cardi

Appointments

Incoming Associate Dean of Research and Development

Awards and Honors

Awarded grant to conduct study on The Role of Implicit Racial Bias in Tort Jury Decisionmaking, with Valerie Hans and Gregory Parks

Publications

Does Tort Law Deter Individuals’ Risky Conduct? (with Albert Yoon & Randy Penfield) Still awaiting publication.

The Hidden Legacy of Palsgraf: Modern Duty Law in Microcosm – B.U. L. Rev. – (forthcoming 2011)

The Taxpayer’s Burden from Product-Related Harm, — Kan. J. L. & Pub. Pol’y – (with Ruth Ruttenberg and Estye Fenton, forthcoming 2011)

Don Castleman

Publications

“Conflict of Conscience:  Refusal of Healthcare Providers to Withdraw Life Support”  Vol.3, Bk. 2, Estate Planning & Community Property Law Journal, Spring, 2011, Texas Tech University Law School

In collaboration with co-author Gail Richmond (Nova) contracted with Carolina Press to write “Mastering Wills and Trusts”

Jennifer Collins

Presentations

“Privilege or Punish:  Criminal Justice and the Challenge of Family Ties,” at the 2011 AALS Annual Meeting in San Francisco.

Michael Curtis

Presentations

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

“Lincoln:  A War President,”  a presentation at the Michigan State University symposium on prerogative and executive power, March 2011.

“The Fabric of  Freedom:  A History of Free Speech and Criminal Law.”  Luncheon talk at the Texas Tech Law School symposium on criminal law and free speech. April 2011.

Publications

Completed the 3d Edition of Volumes 1 and 2 of the casebook, Constitutional Law in Context, Michael Curtis,  Wilson Parker, and their co-authors

“The Fraying Fabric of Freedom:  One Perspective on the History of Free Speech, Democracy, and  Criminal Law,”  Forthcoming, Texas Tech Law Review.  [in progress]

Tim Davis

Presentations

Co-organizer and moderator: “Losing to Win: Discussions of Race and Intercollegiate Athletics,” April 13 and 14, 2011, Wake Forest University.

Publications

“American Needle, Inc. v. NFL: Reflections on its Labor Law Implications,” 1 Wake Forest L. Rev. Online 1 (2011).

Miriam E. Felsenburg

Presentations

“A Better Beginning: Why and How to Help Novice Legal Writers Build a Solid Foundation By Shifting Their Focus From Product to Process,”(with Laura Graham) Empire State Legal Writing Conference, NYC, May 13, 2011.

Publications

“A Better Beginning: Why and How to Help Novice Legal Writers Build a Solid Foundation By Shifting Their Focus From Product to Process,” (with Laura Graham) (forthcoming in Fall, 2011, Regent Law Review) Available now on SSRN and online Legal Writing Institute eJournal.

“Legal Writing Professors Morphing Into Contract Drafting Professors,” (with Barbara Lentz, Grace Hum, Carolyn Broering-Jacobs, & Ted Becker), 12 Transactions, the Tennessee Journal of Business Law 127 (2011).

Laura Graham

Presentations

“A Better Beginning:  Helping Novice Legal Writers Shift Their Focus from Product to Process” (co-presented with Miki Felsenburg), Second Annual Empire State Legal Writing Conference, St. John’s University, New York, May 2011

“Corrective Vision:  Giving Our Students Better Insight into the Role of the Legal Writing Professor,” NC/SC Legal Writing Colloquium, NC Central university School of Law, May 2011

Publications

“A Better Beginning: Why and How to Help Novice Legal Writers Build a Solid Foundation by Shifting Their Focus from Product to Process” (co-authored with Miki Felsenburg), available at http://ssrn.com/abstract=1845024.

 Michael Green

Appointments

Chair, Lateral Appointments Committee

Media

Interviewed on local television newscast about high profile wrongful death litigation.

Quoted in National Law Journal about emerging pharmaceutical multi-district litigation.

Quoted in U.S. Law Week about the implications of Washington state Supreme Court case on economic loss and about a U.S. Court of Appeals case on toxic causation.

Presentations

Delivered a paper on “Sense and Nonsense in FELA causation,” at a festschrift for Bob Rabin at DePaul University School of Law

Attended and participated in discussion of “Proportional Liability” draft at meeting of European Group on Tort Law in Vienna, Austria

Attended and participated in discussion of Chapter 10 or Restatement (Third) of Torts: Liability for Physical and Emotional Harm at ALI annual meeting in San Francisco.

Publications

Book entitled “Tort Law and Alternatives (9th ed.)” (with M. Franklin and R. Rabin) (Foundation 2011).

Article entitled,  “The Impact of the Civil Jury on American Tort Law,” 38 Pepp. L. Rev. 337 ( 2011).

Mark Hall

Presentations

“Constitutional Challenges to Health Care Reform,” Am. Society Law, Medicine & Ethics, Chicago, June 2011.

“Constitutional Challenges to Health Care Reform,” Annual Meeting of AcademyHealth, Seattle WA, June 2011.

“Consumer-driven health care: perspectives from a different hemisphere,” University of Melbourne Medical School, Dean’s Lecture, April 2011

“The Politics, Policy and Law of Obama’s Health Care Reform,” University of Melbourne Law School,  Sir Kenneth Bailey Memorial Lecture, April 2011.

“Challenges to U.S. Health Care Reform: Rhetoric vs. Reality,” University of Tasmania Law School,  March 2011.

Publications

Individual Versus State Constitutional Rights Under Health Care Reform.  42 Ariz. St. Law J. 1233 (2011).

Risk Adjustment Under the Affordable Care Act: A Guide for Federal and State Regulators, The Commonwealth Fund, May 2011

Who will be Uninsured after Health Insurance Reform?  Robert Wood Johnson Foundation, March 2011.

Approaching Universal Coverage with Better Safety Net Programs for the Uninsured.  11 Yale J. Health Policy, Law & Ethics 9 (2011).

Constitutional Challenges to Compulsory Insurance:  A Guide through the Gauntlet.  41 Hastings Center Report 14 (2011).

Rethinking safety-net access for the uninsured. 364 New Engl J Med. 6 (2011).

The Sausage-making of Insurance Reform, 41 Hastings Center Rep. 9 (Jan. 2011).

Health care reform–what went wrong on the way to the courthouse. 364 New Engl J Med. 295 (2011)

Clearing Out the Underbrush in Constitutional Challenges to Health Insurance Reform.  363 New Engl J Med. (2010).

Using Payroll Deduction to Shelter Individual Health Insurance from Income Tax. Health Serv Res. (Nov. 2010).

Paying for Individual Health Insurance Through Tax-Sheltered Cafeteria Plans. 47  Inquiry 252 (Fall 2010).

Kate Irwin-Smiler

Appointments

Co-editor of Jurisdocs, Newsletter of Government Documents Special Interest Section of Amer. Assn. of Law Libraries

Presentations

AALL Career Center, Southeastern Association of Law Libraries Annual Meeting, Columbia SC, April 14, 2011.

“You Can’t Handle the Truth!”: Using Pop Culture to Teach Legal Research,” Institute for Law Teaching and Learning Summer Conference, New York Law School, June 2, 2011.

John Korzen

Activities

Coached two teams in the inaugural Billings, Exum & Frye Moot Court Competition hosted by Elon Law School.  One of the teams was awarded Second Best Brief, out of 31 teams in the competition.

Appellate Arguments

Argued in the North Carolina Court of Appeals in Raleigh in June on behalf of the plaintiff-appellant in a railroad negligence case, Tedder v. CSX Transportation, Inc. During the spring semester, as part of the Appellate Advocacy Clinic, supervised three 3L’s who argued in the Fourth Circuit in Richmond.

Awards

“The Last First Date,” a play won first place in a contest sponsored by the Winston-Salem Writers, a local organization with more than 100 members.  The play was performed in April, with 3L Katie Serfas and her husband JD playing the lead roles.  “Keeping Score,” won third place in the creative non-fiction category in another contest sponsored by the Winston-Salem Writers.  The piece is about John’s time as a minor league official scorer in the summer before he started law school.  It will be published this fall in an anthology of various types of works about Winston-Salem.

Presentations

“Criminal Appeals in the Fourth Circuit,” spoke about article at a CLE sponsored by the Federal Bar Association, Middle District of North Carolina Chapter, in April.

Barbara Lentz

New Course

“Art, Cultural Heritage and the Law” developed and taught as part of Wake Forest University School of Law London Program, May – June 2011

Presentations

“Using ‘The Daily Show’ and Popular Media to Teach Persuasive Writing Skills” at Empire State Legal Writing Conference, hosted by St. John’s University Law School in New York, New York on May 13, 2011.

Publications

“Legal Writing and Contract Drafting” in Volume 12 of Transactions: The Tennessee Journal of Business Law ___ (April 2011)(publishing proceedings of  June 2010 Transactional Education national conference hosted by Emory Law School).

Kate Mewhinney

Appointments

Member of ABA Site Evaluation Team for accreditation visit to University of Washington Law School.  (May 2011)

Publications

Book chapter, “Geriatric Care: Elder Law in the Health Care Setting,” with Eric J. Hardt, M.D., in Poverty, Health and Law: Readings and Cases for Medical-Legal Partnership. Elizabeth Tobin Tyler, ed. (Forthcoming, 2011) Carolina Academic Press.

Blake D. Morant

Presentations

“Sir Thomas More’s Dilemma of Conscience: Understanding the Conflict Between Personal Beliefs and Professional Expectations,” Fort Bragg Army J.A.G. Corps, Fayetteville, NC, May 20, 2011.

“The Challenges Facing the Future of Legal Education,” Charlotte Law School, Charlotte, N.C., March 23, 2011.

“State of Legal Education:  Response of the Wake Forest University School of Law,” Greensboro BarAssociation, Greensboro, N.C., January 20, 2011.

Panelist, “Getting to No: Law Professors and the Work-Life Balance,” AALS Section on New Law Professors, San Francisco, Calif., January 6, 2011.

Alan Palmiter

Appointments

Faculty of Law, University of Padua (April-June 2011) (Comparative Public Law:  U.S. Constitution and U.S. corporation)

Media

“Small savers and large companies,” [Piccoli risparmiatori e grandi società], Interview in Il Mattino, Padua, Italy (May 24, 2011)

Presentations

Speech, Lectio Magistralis, “U.S. Corporate Governance:  From Agency Theory to Integrity,” Faculty of Law, University of Padua, Italy (May 2011)

Talk, “Il sistema dei controlli negli Usa,” Corporate Governance e ‘sistema dei controlli’ nella s.p.a., Fondazione CESFIN Alberto Predieri, Florence, Italy [Corporate Governance in the United States, Conference on Corporate Governance and Corporate “Control Systems”] (Apr. 2011)

Publications

“Duty of Obedience:  The Forgotten Duty,” reprinted in Corporate Practice Commentator (selected as one of top corporate law articles of the year)

Mark Rabil

Appointments

NCAJ Race Task Force member, studying racial disparities in the criminal justice system in N.C.

Advisory Board member, N.C Indigent Defense Services Forensic Resource Counsel

Conferences/Seminars

Implicit Bias Seminar, 6/29/2011, International Civil Rights Museum, Greensboro, N.C.

National Restorative Justice Conference, 6/8/2011, Raleigh, N.C.

Media

Winston-Salem Journal Guest Columnist,  “Restoring Hop Sing’s Faith in Forensic Science,” January 23, 2011 (discussing improper forensic science as a cause of wrongful convictions and the need for reform); “The Beverly Hillbillies and Racial Justice,”  February 20, 2011 (discussing the State’s constitutional challenge to the 2009 N.C. Racial Justice Act); “A Tale of Two Cities and Two Juries,” June 1, 2011 (describing racial disparity in capital jury selection as a reason to uphold the Racial Justice Act)

Moderated news conference, along with other N.C. Innocence Directors and several exonerees, warning against proposed limitations on discovery in criminal cases (as a result, the NCAJ and Conference of District Attorneys met and agreed upon modifications to discovery laws with helpful definitions and protections to prosecutors acting in good faith). March 28, 2011, Raleigh, N.C.

Along with Attorney Henderson Hill and several exonerees, including Darryl Hunt, again warned of proposed discovery limitations and attempted repeal of Racial Justice Act as cause of future wrongful convictions. April 27, 2011, Charlotte School of Law.

Presentations

“Case Failures,” (panel discussion on mistakes and acknowledgement as part of process for education and reform in innocence litigation), April 2011, International Innocence Network Conference, Cincinnati, Ohio

Elon University, April 20, 2011.  Moderated discussion by attorneys and Darryl Hunt concerning wrongful convictions of Floyd Brown and Darryl Hunt and need for reforms in forensic science and discovery, as well as preservation of Racial Justice Act.

Campbell University, June 22, 2011.  Guest speaker to class studying death penalty.

Faculty, Capital College, N.C. I.D.S. Pre-Trial Assistance Unit, Asheville, N.C. 5/2011

June 2011 Guest Speaker, Winston-Salem Bar Association, discussed the causes of wrongful convictions and the work of the Wake Forest School of Law Innocence & Justice Clinic

July 10, 2011, Applied Legal Storytelling Conference, Denver, Colorado, sponsored by CLEAA and the Legal Writing Institute, presentation with journalist and Wake Forest English Professor Phoebe Zerwick on use of narrative form and techniques from investigative journalism in legal writing

Suzanne Reynolds

Awards

Named Distinguished Alumnae by Meredith College

Conferences

Represented North Carolina at the 120th Annual Meeting of the Uniform Law Commission (ULC), as one of the state’s commissioners on Uniform State Laws.  The Commissioners approved four new acts:  the Uniform Electronic Legal Material Act, the Uniform Certificate of Title Act for Vessels, the Model Protection of Charitable Assets Act, and  the Harmonized Uniform Business Organizations Code.  The conference also reviewed other acts for future consideration, including the Uniform Premarital and Marital Agreement Act and the Deployed Parents Custody and Visitation Act.

Serves on the drafting committee of the act to implement the Hague Convention on Protection of Children in Vail, CO, July 6 – 13.

Media

“Zahra’s Stepmother Married 7 Times,” interview by Tom Breen for the Associated Press, February 3, 2011.

“Judge grants domestic violence order but allows accused to live next door,” Winston-Salem Journal, July 21, 2011.

“What Overturning Prop 8 Means for N.C.,” interview on WUNC Public Radio, August 5, 2010.

Sid Shapiro

Congressional Testimony

Hearing on Regulatory Impediments To Job Creation, Before Committee on Oversight and Government Reform, U.S. House of Representatives, February 10, 2011

Media

BNA: Occupational Safety & Health Reporter, “CRS Report Questions Widely Cited Estimate of Costs of Federal Regulation”, Interview with journalist. (April 28, 2011).

E&E News, “REGULATIONS: European study finds noise can kill, as EPA lies dormant”, Interview with journalist. (April 6, 2011).

Maine Telegram, “Environmental setbacks feared in Sen. Olympia Snowe’s bill The bill to aid small businesses, critics say, grants too much power to an obscure federal official.” Interview with journalist. (March 30, 2011).

Remapping Debate: Asking “Why” and “Not Why”, “Regulators Don’t Listen to US”, Interview with journalist. (March 24, 2011).

Radio, National Public Radio: All Things Considered, “House Republicans Take Aim at Regulation”, Interview with journalist. (February 10, 2011).

Wall Street Journal, “The Cost of Doing Business in the US”, Interview with journalist. (January 28, 2011).

Remapping Debate:  Asking “Why” and “Why not?”, “Job-killing regulations? Opponents fail to support claims with evidence”, Interview with journalist. (January 25, 2011).

Mother Jones, “Clearing Out the Regulatory Smog”, Interview with journalist. (January 18, 2011).

Presentations

Roger Williams Law School, “Regulatory Capture,” Symposium on the Blowout: Legal Legacy of the Deepwater Horizon Catastrophe, Bristol, RI, April 13, 2011

OSHA Subcommittee, Section of Labor Law, American Bar Association, Spring Meeting, “OSHA’s Noise Standard: An Administrative Law Test,” New Orleans, La., March 16, 2011

Publications

Administrative Law Inside-Out, 65 Miami L. Rev. 577 (2010) (with Ronald Wright)

White Papers

Center for Progressive Reform, The BP Catastrophe: When Hobbled Law and Hollow Regulation Leave Americans Unprotected (CPR White Paper 1101) (Jan. 2011) (with William Andreen, Alyson Flournoy, James Goodwin, and Thomas McGarity), available at http://www.progressivereform.org/articles/BP_Catastrophe_1101.pdf

David Shores

Publications

“Continuity of Business Enterprise:  A Concept Whose Time Has Passed,” 63 Tax Lawy. 471 (2010).

Carol A. Turowski

Appointments

Joined Innocence Policy Network, Innocence Project, New York, March 2011

Media

Consultant, Wall Street Journal, Death Penalty Goes on Trial in North Carolina, Nathan Koppel, March 2011

Winston Salem Journal, Prosecutors Want Innocence Commission to exclude Prisoners who Pleaded Guilty, May 10, 2011

Winston Salem Journal, Woman’s Wrongful Conviction Shattered her View of the Justice System, March 25, 2011

Presentations

Panelist, Innocence Network Conference: An International Perspective, Cincinnati, Ohio, “That Will Never Happen Again:  How to Handle Case Failures Professionally and Personally”, April 2011

Presenter, Innocence Network Conference, Incredible Challenges of Managing, Teaching and Supervising a Wrongful Convictions Clinic, April 2011
Organizer and Moderator, Death, Lies and False Confessions:  The Wrongful Conviction of Beverly Monroe, Wake Forest University School of Law, March 24, 2011

Steve Virgil

Awards

Recognized as “Mortgage Foreclosure Attorney of the Year” by Legal Aid of North Carolina for my pro bono work on behalf of families facing the loss of housing due to foreclosure.  This award was given in recognition of nearly 100 foreclosure defense cases taken on behalf of Legal Aid of North Carolina since January 2009.

Publications

“Community Economic Development in Rural America: Strategies for Community-based Collaborative Development,” 20 ABA Journal of Affordable Housing & Community Development Law 9 (2011).

“Creativity and Feasibility: Applying the IDEO Innovation Process to Current Societal Challenge, International Journal of Entrepreneurship and Small Business,” Vol. 13, N 1, page 32 -45 (April 2011).

George K. Walker

Activities

Adviser for the 2010-11 Philip C. Jessup International Law Moot Court team that won the Southern Regional Competition in Houston.

Presentations

Attended International Law Association (American Branch) Executive Committee meeting, Washington, D.C., March 26, 2011

Participant in workshop, “Professional Military Education: Teaching Law at War and Staff Colleges,” International Law Department, Center for Naval Warfare Studies, Naval War College, Newport, R.I., June 20, 2011

Participant in colloquium, “NIAC: Non-International Armed Conflict in the 21st Century,” International Law Department, Center for Naval Warfare Studies, Naval War College, Newport, R.I., June 21-23, 2011

Publications

As chair of the International Law Association (American Branch) Law of the Sea Committee, published Final Report:  Terms in the 1983 U.N. Convention on the Law of the Sea that the Convention Does Not Define, in Proceedings of the American Branch, International Law Association 2009-10, pp. 162-540.

“Occupation in Iraq:  Issues on the Periphery and for the Future: A Rubik’s Cube Problem?” chapter 12 in The War in Iraq: A Legal Analysis (Naval War College International Law Studies, vol. 86, Raul A. “Pete” Pedrozo editor 2010)

Robert Walsh

Appointments

Chaired the ABA sabbitical site evaluation accreditation inspectoin team of seven members at St. John’s University School of Law over four days in mid-April.

Chairs the Capital Campaign Committee and the New Law School Inns Committee of the American Inns of Court Foundation.

President Martin Brinkley appointed Professor Walsh to the Professionalism Committee and the Law School Liaison Committee of the North Carolina Bar Association for 2011-2012.

Inspected for the ABA the University of Tulsa’s Program in Dublin, Ireland in the last week of June.

Presentations

Featured speaker at the international symposium from March 31 to April 2, 2011 at Georgetown University Law Center entitled “Symposium on the Status of the Legal Profession: Facing the Challenges of the 21st Century.”  Other speakers on the program were Justices Stephen Breyer and Sandra Day O’Connor from the United States Supreme Court, Chief Justice John L. Murray from the Supreme Court of Ireland, and Lord Nicholas Phillips, President of the United Kingdom Supreme Court.

Ronald F. Wright

Media

Fox 8 Greensboro television news, interview about Alford pleas; March 14, 2011.

Raleigh News and Observer, quoted in story “Ex-Defense Team in Zahra Baker’s Death Took Evidence”; February 25, 2011.

Presentations

“The Cultural Range of Prosecutor Services in North Carolina,” presentation at conference on Comparative Study of Prosecution Systems, at the Institute on Crime and Public Policy, University of Minnesota Law School; April 2011 in Minneapolis, Minnesota.

“Padilla and the Theory of the Criminal Defense Firm,” presentation at UCLA Law Review symposium on Criminal Law and Immigration Law; January 2011 in Los Angeles, California.

Publications

“Portable Minimalism in Sentencing Politics,” 32 Cardozo L. Rev. de-novo 9-22 (2011), available at http://www.cardozolawreview.com/

“Criminal Procedures – Cases, Statutes, and Executive Materials,” (4th ed., Aspen Publishers 2011) (with Marc Miller)

“Criminal Procedures:  The Police — Cases, Statutes, and Executive Materials,” (4th ed., Aspen Publishers 2011) (with Marc Miller)

“Criminal Procedures:  Prosecution and Adjudication — Cases, Statutes, and Executive Materials,” (4th ed., Aspen Publishers 2011) (with Marc Miller)

“The Future of the Administrative Presidency: Turning Administrative Law Inside-Out,” 65 U. Miami L. Rev. 577-620 (2011) (with Sid Shapiro)