Washburn Law Faculty Scholarship and Activities
July 2011-June 2012
Aïda M. Alaka
Presentations
Conducted All-Day and Half Workshop "Legal Writing for Practitioners," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 22-23, 2012.
"Legal/professional Ethics: Lawyer and Media," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
Moderator, "Immigration and Employment Panel," Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 20, 2011.
Rory Bahadur
Articles in Law Reviews and Other Scholarly Journals
"The Scientific Impossibility of Plausibility," 90 Nebraska Law Review 435 (2011).
"Almost a Century and Three Restatements After Green it's Time to Admit and Remedy the Nonsense of Negligence," 38 Northern Kentucky Law Review 61 (2011).
Other Publications
"Treyvon Martin and Comments on the Florida Self Defense Law," Arizona State Law Journal Blog, April 10, 2012.
Presentations
Presenter, "An Active Learning Approach to Introducing Skills and Problem Solving in Chilean Legal Education," Institute for Law School Teaching and Learning, Teaching Methods Training for Law Professors from Pontificia Universidad Católica de Chile, Washburn University School of Law, Topeka, Kansas, January, 2012.
Presenter, "Principles of Academic Support Pedagogy: Creating Context," Workshop on Academic Support, American Association of Law Schools Annual Meeting, Washington, DC, January 7, 2012.
Presenter, "Comparing Lecturing and Multimodal Instruction," Free State University of Tbilisi Teaching Workshop, Washburn University School of Law, Topeka, Kansas, August, 2011.
Myrl L. Duncan
Chapters in Books
"Global Warming and Non-Point Source Pollution on the Great Plains: What’s Good for Agriculture is also Good for Planet Earth" in Climate Change: A Reader (William H. Rodgers, Jr., et. al., eds.) (Carolina Academic Press, 2011).
Linda Henry Elrod
Articles in Law Reviews and Other Scholarly Journals
"A Review of the Year in Family Law: Numbers of Disputes Increase," 45 Family Law Quarterly 443 (2012) (co-authored with Robert G. Spector).
"'Please Let Me Stay': Hearing the Voice of the Child in Hague Abduction Cases," 63 Oklahoma Law Review 663(2011).
Books and Monographs
Child Custody Practice and Procedure. 2012 ed. (West Publishing, 2012).
» See publisher's web site for further description and ordering information.
Presentations
"Hearing Children's Voices in Hague Abduction Cases," Right to Freedom of Personality, Mt. Kopaonik School of Natural Law 24th Annual Conference, December 11-18, 2011 (Elrod was one of nine invited international guests).
"History of Kansas Child Custody Laws and Avoiding Conflict," Horizons, Solutions for Change Co-Parenting Program, Shawnee County Court Services, Topeka, Kansas, September 8, 2011.
Professional Service
Attended the Uniform Law Commission Joint Editorial Board for Uniform Family Law meeting, New Orleans, Louisiana, December 2-4, 2011.
Appointed, liaison for the Family Law Section to the ABA Rule of Law Initiative, 2011-2012.
Re-appointed, liaison to the Uniform Law Commission Family Law Joint Editorial Board, 2011-2012
Re-appointed as Editor of the Family Law Quarterly, August, 2011-2012.
Attended meetings of the Family Law Section Council and Publications Development Board, American Bar Association Annual Meeting, Toronto, Canada, August 4-7, 2011.
Participated in Solidarities Between Generations conference, International Society of Family Law, Lyon, France, July 18-24, 2011.
William E. Foster
Presentations
"Mergers & Acquisitions: Structuring and Tax Considerations," Wichita Bar Association Business Law CLE Seminar, Wichita Kansas, May 4, 2012.
"Due Diligence: Practical Aspects," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
"Fiduciary Duties, Duty of Care, Business Judgment Rule," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
"Responsibility of Directors Towards the Third Parties / Piercing of Corporate Veil," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
John J. Francis
Articles in Law Reviews and Other Scholarly Journals
"Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas," 59 The Kansas Law Review 949 (co-author with Stacy L. Leeds, Aliza Organick & Jelani Jefferson Exum) (2011). [189 KB PDF]
Media Interviews
"For wrongly convicted man, healing begins," Lawrence Journal-World (April 27, 2012) (Professor Francis comments on the statute of limitations in a 1985 rape case involving recent identification of a suspect via DNA).
Presentations
"Beyond Angkor Wat and the Killing Fields: Law, Education, and Life in Cambodia," Washburn University Brown Bag International Lecture, Topeka, Kansas, February 8, 2012.
Alex Glashausser
Other Publications
"'It' Is the Supreme Court's Jurisdiction — and Congress Can't Take Exception," The Huffington Post (February 22, 2012).
Jeremiah Ho
Other Publications
"A New Rhetorical Angle in Marriage Equality Cases," 125:036 The Daily Journal, February 23, 2012 (comments on the recent 9th Circuit decision, Perry v. Brown that overturned California’s Proposition 8, the 2008 voter initiative that attempted to take away marriage rights for same-sex couples in the state).
"Helping the Helpers: ASP Basics From Orientation to the Bar," Report from the LSAC Newcomers Conference, Western State University College of Law, Fullerton, California, August 4-6, 2011 (Law School Academic Support Blog, August 29, 2011).
"Time Capsules," Idea of the Month, August 2011, Institute for Law Teaching and Learning.
Presentations
"Because Otherwise They Will Be Disoriented: Developing a Student-Centered Orientation Process," Law School Admissions Council (LSAC) conference, Los Angeles, California, August 6, 2011.
Randall L. Hodgkinson
Other Publications
"Clear as Mud? 'Clearly Erroneous' as a Standard of Review for Instructional Claims," Kansas Bar Association Appellate Practice Newsletter (Spring 2012).
Professional Service
Submitted testimony before the Kansas Senate Judiciary Committee, February 2, 2012 (in opposition to 2012 SB 307, relating to amendments to statute governing lesser included offenses in felony murder cases in state court).
Janet Thompson Jackson
Media
Co-host, "Year in Review," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), January 15, 2012.
Host, "When Terrorists Attack - Remembering 9/11," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), September 11, 2011.
Presentations
Panel Presenter, "Getting it Done," Transactional Law and Skills, American Association of Law Schools Annual Meeting, Washington, DC, January 7, 2012.
Professional Service
Board of Directors, Clinical Legal Education Association, 2012-2014.
Chair, Brown Foundation for Educational Equity, Excellence and Research, April 2012-2014.
Jeffrey D. Jackson
Articles in Law Reviews and Other Scholarly Journals
"Be Careful What You Wish For: Why McDonald v. City of Chicago's Rejection of the Privileges or Immunities Clause May Not Be Such a Bad Thing for Rights," 115 Penn State Law Review 561 (2011).
Patricia L. Judd
Articles in Law Reviews
"Toward a TRIPS Truce," 32 Michigan Journal of International Law 613 (2011).
Presentations
"Protecting Your Clients' IPR Overseas: Strategies for Engaging U.S. Government Agencies," Kansas Bar Association CLE Seminar, Topeka, Kansas, May 4, 2012.
Open Lecture on Internet Piracy, Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 22, 2012.
"Recognition and Enforcement of International Arbitral Awards in Georgia," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
"From Cacophony to Chorus: A Call for Harmony, Not Harmonization, in International Intellectual Property Dispute Settlement," Panel on Intellectual Property Law in National Politics and International Relations, International Law Association annual meeting, New York, New York, October 22, 2011.
"Toward a TRIPS Truce," 2011 Distinguished Visiting Fellow in Intellectual Property Law Speaker Series, Southern Illinois University School of Law (presented to students and faculty at SIU via Skype), October 6, 2011.
L. Ali Khan
Articles in Law Reviews and Other Scholarly Journals
"The Paradoxical Evolution of Law," 16 Lewis & Clark Law Review 337 (2012).
"Taking Ownership of Legal Outcomes: An Argument Against Dissociation Paradigm and Analytical Gaming," 55 Saint Louis University Law Journal 887 (2011).
"A Portfolio Theory of Foreign Affairs: U.S. Relations with the Muslim World," 20 Transnational Law & Contemporary Problems 377 (Symposium: A Critical Juncture: Human Rights and the U.S. Standing in the World under the Obama Administration, Iowa University School of Law) (2011).
Foreign Affairs Commentaries
"Attacking Iran Is Illegal," The Huffington Post, March 7, 2012.
Media Interviews
"US wants to reserve right to kill across border," Press TV (April 29, 2012) (Professor Khan comments on U.S. refusal to make an apology for a November airstrike that killed 24 Pakistani soldiers on the Afghanistan border).
"Obama makes 'great confession' on drone strikes," Press TV (January 31, 2012) (Professor Khan comments on President Barack Obama's confession on U.S. military drone attacks in Pakistan's tribal areas).
"US resumes drone strikes in Pakistan," Press TV (January 11, 2012) (Professor Khan shares his opinion on the resumption of US drone attacks).
"US-Pakistan ties cannot be reconstructed easily," Press TV (December 14, 2011) (Professor Khan says anti-American sentiments in Pakistan are so high that the mending of U.S.-Pakistan ties seems difficult).
"The Wrath of Khan," Christopher Hitchens Watch (December 6, 2011) (In an extensive interview lasting over an hour, Dr. Lubna Qureshi, a history scholar in Sweden, interviews Professor Khan who criticizes Conservative Writer Christopher Hitchens’ views on the right to self-defense, terrorism, Afghanistan, Pakistan, the legitimacy of drones, and a number of other international topics).
"US bullying Pakistan in drone row," Press TV (October 10, 2011) (Professor Khan comments on US drone attacks in Pakistan).
"US fighting a failed war in Afghanistan," Press TV (October 8, 2011) (Professor Khan comments about the pressure on the Pakistani government in its fight against US-made terrorism to support Obama's last ditch attempt to manifest a departure victory against the Taliban).
"President Obama 'has morally degenerated'," Press TV (August 13, 2011) (Professor Khan comments on U.S. drone attacks in Pakistan).
Legal Commentaries
"Kansas Legislature Does Harm in Barring Islamic Law," The Huffington Post, May 15, 2012.
"Murder as Instrument of Foreign Policy," MWC News (November 2, 2011).
"Pakistan’s Nuanced Duplicity," MWC News (October 6, 2011).
Tonya Kowalski
Essays and Other Shorter Works
"Mentoring New Legal Writers," 81 Journal of the Kansas Bar Association 12 (January 2012).
"Demarginalizing Tribal Law in Legal Writing," 25:2 The Second Draft12 (Fall 2011).
Presentations
Panelist, "Designing Legal Research Exercises in Context and WestlawNext Pros & Cons," Legal Research: Teaching Strategies and Current Issues Panel, Legal Writing Institute Teaching Workshop, University of Missouri-Kansas City School of Law, Kansas City, Missouri, December 2, 2011.
Moderator, "Curtailing Birthright Citizenship Panel," Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 21, 2011.
Invited speaker, "Toward a Pedagogy for Clinical Legal Writing," The Clinical Theory Workshops at New York Law School, New York, New York, September 30, 2011.
Professional Service
Co-Editor, Kansas Bar Association Indian Law Section Newsletter, December 2011-present.
Craig Martin
Articles in Law Reviews
"The Japanese Constitution as Law and the Legitimacy of the Supreme Court's Constitutional Decisions: A Response to Matsui" 88 Washington University Law Reveiw 657 (2011).
Opinions/Editorials and Blog Articles (Selected)
"Why We Should Not Support an Israeli Attack on Iran," The Huffington Post, March 2, 2012.
Presentations
Keynote Address, "Targeted Killing with Drones: At the Intersection of Jus ad Bellum and Jus in Bello," Public International Law and Foreign Affairs Conference, Creighton University School of Law, Omaha, Nebraska, March 30, 2012.
"Freedom of Expression and Hate Speech from a Comparative Perspective", Faculties of Law and Journalism, University of Tuzla, Tuzla, Bosnia and Herzegovina, January 23, 2012 (sponsored by University of Pennsylvania and the NPO Internews, under a USAID grant, to develop media law programs and strengthen freedom of expression in Bosnia).
Oral Advocacy Training, University of Sarajevo Faculty of Law, Sarajevo, Bosnia and Herzegovina, January 20-22, 2012 (presented to students participating in the Munroe E. Price International Media Law Moot Court to be held in Oxford, England in March 2012) (sponsored by University of Pennsylvania and the NPO Internews, under a USAID grant, to develop media law programs and strengthen freedom of expression in Bosnia).
Panel Participant, "Japan's Peace Constitution at 65: Time for a Change?," Woodrow Wilson International Center for Scholars, Washington, DC, September 22, 2011.
Joseph P. Mastrosimone
Essays and Other Shorter Works
"Adding Punch to Your Arguments: The Thesis Sentence," 81:3 Journal of the Kansas Bar Association 12 (March 2012).
Presentations
"Writing it Right: Ethical and Professional Concerns in Legal Writing," Kansas Bar Association CLE Seminar, Topeka, Kansas, April 4, 2012.
"Creating Ethical and Professional Law Students and Lawyers: Introducing Professionalism and Legal Ethics Through the First-Year Writing Class," Legal Writing Institute Teaching Workshop, University of Missouri-Kansas City School of Law, Kansas City, Missouri, December 2, 2011.
Nancy G. Maxwell
Presentations
Plenary session, "Feminist Jurisprudence," Kansas Women Attorneys Association Annual Meeting, Bethany College, Lindsborg, Kansas, July 14, 2011 (with Jennifer Zook and Shawn Jurgensen).
Lori A. McMillan
Articles in Law Reviews and Other Scholarly Journals
"Honest Services Update: Directors' Liability Concerns after Skilling and Black," 18 Texas Wesleyan Law Review 149 (2011). [127 KB PDF]
Presentations
"Honest Services Update: Directors' Liability Concerns after Skilling and Black," Northern Kentucky University, Chase School of Law, October 14, 2011.
Aliza Organick
Articles in Law Reviews and Other Scholarly Journals
"Reassessing Concurrent Tribal-State-Federal Criminal Jurisdiction in Kansas," 59 The Kansas Law Review 949 (co-author with John J. Francis, Stacy L. Leeds, & Jelani Jefferson Exum) (2011). [189 KB PDF]
Presentations
Plenary Speaker, "Introducing Indigenous Legal Theory into Clinical Practice," Australian National Conference on Clinical and Experiential Learning, University of New South Wales, Sydney, Australia, September 7-9, 2011.
David E. Pierce
Articles in Law Reviews and Other Scholarly Journals
"Kansas," 2012 Survey on Oil & Gas, 18 Texas Wesleyan Law Review 485 (2012).
"Void Enactments of the Kansas Legislature," 80 The Journal of the Kansas Bar Association 28 (July/August 2011).
"Professional Responsibility and the Transactional Lawyer: The Drafting Context," 57 Rocky Mountain Mineral Law Institute 19-1 (2011).
"Carol Rose Comes to the Oilpatch: Modern Property Analysis Applied to Modern Reservoir Problems," 19 Penn State Environmental Law Review 241 (2011).
"Developing a Common Law of Hydraulic Fracturing," 72 University of Pittsburgh Law Review 685 (2011).
Books and Monographs
Co-editor, Oil and Gas Law Reporter, Volumes 173 (2012) (Annual reporting on case law developments).
Co-editor, Oil and Gas Law Reporter, Volumes 172 (2011) (Annual reporting on case law developments).
Presentations
"Basic Conveyance Principles: Conveyance Requirements, Lifetime Transfers and Transfers at Death, Encumbrances," Special Institute on the Nuts and Bolts of Mineral Title Examination, Rocky Mountain Mineral Law Foundation, Westminster, Colorado, February 9, 2012.
"Oil and Gas Issues of Interest to the Agricultural Lawyer," 8th Annual Agricultural Law Update, Kansas Bar Association, Manhattan, Kansas, October 28, 2011.
"What the Courts Have Done to Oil & Gas Law--Recently," 36th Annual KBA/KIOGA Oil & Gas Conference, Wichita, Kansas, October 21, 2011.
"Common Interests Created in Oil & Gas," Oil & Gas Law Short Course, Rocky Mountain Mineral Law Foundation, Denver, Colorado, October 19, 2011.
"Environmental Regulation of the Oil & Gas Industry," Oil & Gas Law Short Course, Rocky Mountain Mineral Law Foundation, Denver, Colorado, October 19, 2011.
"The Oil & Gas Lease: Implied Covenants," Oil & Gas Law Short Course, Rocky Mountain Mineral Law Foundation, Denver, Colorado, October 18, 2011.
"A Short, Short Course on Oil & Gas Law for the Wyoming Practitioner," Wyoming State Bar Annual Meeting and Judicial Conference. Three-Hour CLE presentation, Cheyenne, Wyoming, September 15, 2011.
"Professional Responsibility, Ethics, and the Transactional Lawyer," 57th Annual Institute of the Rocky Mountain Mineral Law Foundation CLE, Santa Fe, New Mexico, July 22, 2011.
Mary Kreiner Ramirez
Media
Quoted, "Ticket case’s legal aspects unclear," Lawrence Journal-World (February 22, 2012).
"Criminal Affirmance: Going Beyond the Detterence Paradigm to Examine the Social Meaning of Declining Prosecution of Elite Crime," Citizen Warriors, WSBR Radio South Florida 740AM, February 19, 2011.
Presentations
Reader/Responder, "Police Efficiency and the Fourth Amendment," LatCrit XVI: The Sixteenth Annual LatCrit Conference, San Diego, California, October 8, 2011.
William Rich
Chapters in Books
"Why 'Privileges or Immunities?': An Explanation of the Framers' Interpretation and the Supreme Court's Misinterpretation," in Infinite Hope Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment, (Elizabeth Reilly, Editor) (Akron University Press, 2011).
Presentations
"Supreme Court Review," NAACP Annual Conference, Kansas City, Kansas, July 11, 2010.
Reginald L. Robinson
Presentations
"Our Work Here is Done?: Considering Changed Circumstances and the Continuing Need for Special Rules Under Section 5 of the Voting Rights Act of 1965," Thurgood Marshall Program, University of South Dakota School of Law, March 14, 2012 (see Vermillion Plain Talk report).
Moderator, "State Policy Potpourri: Some Comparative Assessments Panel," Breaching Borders: State Encroachment into the Federal Immigration Domain?, Topeka, Kansas, Washburn University School of Law, October 20, 2011.
Conferences Planned
Symposium Planner and Host, Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 20-21, 2011.
Professional Service
Board Member, Capitol Federal Financial Inc., 2012-.
Chair, Federal Advisory Committee on Juvenile Justice, 2011-2013.
David S. Rubenstein
Presentations
"The Subfederal Immigration Revolution," Topeka Bar Association, Topeka, Kansas, February 3, 2012.
Conferences Planned
Symposium Planner and Host, Breaching Borders: State Encroachment into the Federal Immigration Domain?, Washburn University School of Law, Topeka, Kansas, October 20-21, 2011.
Michael Hunter Schwartz
Articles in Law Reviews
"All About the First Year of Law School," 12 Transactions: The Tennessee Journal of Business Law 77 (2011) (with Chaim Saiman and Jessica Rubin).
"Improving Legal Education by Improving Casebooks: Fourteen Things Casebooks Can Do to Produce Better and More Learning," 3 Elon Law Review 27 (2011). [2.6 MB PDF]
Presentations
Presented, "Mid-Semester Student Evaluations," Capital University School of Law, Columbus, Ohio, May 2012.
Presented, "Non-Exam Assessments," Charlotte Law School, Charlotte, North Carolina, May 2012.
Presented, "Assessment," William Mitchell School of Law, St. Paul, Minnesota, April 2012.
Presented, "What the Best Law Teachers Do," University of Mississippi School of Law, Oxford, Mississippi, April, 2012.
Conducted Program Evaluation for Thomas Jefferson School of Law, San Diego, Califofrnia, March-April, 2012.
Plenary Presentation, "Choosing Wisely: Beyond Using Technology for its Own Sake," Technology in and Beyond the Classroom, North Carolina Central University College of Law, Raliegh, North Carolina, March, 2012 (with Gerry Hess).
Conducted Half-Day Workshop "Law Teaching Techniques," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 23, 2012.
"Insurance of Professional Liability of Lawyers," Symposium on Commercial Law, National Center for Commercial Law, Free University, Tbilisi, Georgia, March 20-21, 2012.
Conducted Day-Long Teaching and Learning Workshop, University of Arkansas, Little Rock Bowen School of Law, Little Rock, Arkansas, February, 2012 (with Tonya Kowalski).
"What the Best Higher Education Teachers Do," College of William & Mary, Williamsburg, Virginia, January 13, 2012.
Conducted Two-Hour, 45-Minute Workshop, "Outcomes, Measures, and Reflections: Moving Student Services Towards the Continuous Improvement Ideal," American Association of Law Schools Annual Meeting, Washington, DC, January 5, 2012.
"What the Best Law Teachers Do," University of Missouri School of Law, Columbia, Missouri, September, 2011.
Discussion Facilitator, "Innovations in Teaching," Thomas M. Cooley Law School, Grand Rapids Campus, Grand Rapids, Michigan, September, 2011.
"What the Best Law Teachers Do," Thomas M. Cooley Law School, Lansing Campus, Lansing, Michigan, September, 2011.
"Leadership in Learning: Views from Georgia," Thomas M. Cooley Law School Leadership Group, Lansing, Michigan, September, 2011.
"Resources for Law Teachers," West Publishing’s Innovation Conference, St. Paul, Minneapolis, August 2011.
Professional Service
Appointed, Panelist of Consultants for Incorporating Practical Problem Solving into Non-ADR Courses, ABA LEAPS Project, 2011-.
Honors and Awards
Fellow of Educating Tomorrow's Lawyers, Institute for the Advancement of the American Legal System (April 2012).
Contracts I and II courses selected by the University of Denver Institute for the Advancement of the American Legal System as an innovative course that reflects exemplary innovative teaching (2011).
Amy Westbrook
Articles in Law Reviews and Other Scholarly Journals
"The Inadequate Disclosure of Business Conducted in Countries Designated as State Sponsors of Terrorism," 39 Securities Regulation Law Journal 15 (2011).
Presentations
"Double Trouble: Collateral Shareholder Litigation Following Foreign Corrupt Practices Act Investigations," The Ohio State University, Moritz College of Law, Columbus, Ohio, March 16, 2012.
Panelist, "U.S. Securities Law and Global Security," Panel on 'Cutting-Edge' issues in Public and Private International Law, ABA Section of International Law Fall Meeting, Dublin, Ireland, October 12, 2011.
Media Interviews
"War on Terror: Metro companies wary of work with 'rogue states'," Atlanta Journal-Constitution (January 5, 2012) (discusses U.S. Securities and Exchange Commission's Office of Global Security Risk inquiries to companies about their activities in countries designated as state sponsors of terror).
Professional Service
Developed and taught a Winter School program on International Business Transactions and Contract Drafting, National Center for Commercial Law, Free University of Tbilisi, Bazaleti Training Centre, Tbilisi, Republic of Georgia, January 23-29, 2012 (included 38 law students and recent graduates from multiple Georgian law faculties. Free University law faculty members co-taught the program, and offered their Georgian perspectives on the materials).
