Faculty in the News

Professor Amy Westbrook commented in the January 5, 2012 Atlanta Journal-Constitution article "War on Terror: Metro companies wary of work with 'rogue states'." The article discusses the U.S. Securities and Exchange Commission's Office of Global Security Risk and how it has routinely asked certain multinational firms to respond to questions about any business in countries designated as sponsors of terrorism, i.e., Cuba, Iran, Sudan and Syria. Companies with ties to the Atlanta area, e.g., Delta, Coca-Cola, are highlighted. Professor Westbrook notes that investors "may certainly want to be told they are investing in those companies" though their activities "are much smaller and really on a different scale and intention of others" that have been investigated for inappropriate dealings. Her recent article on this topic was published in 2011 in the Securities Regulation Law Journal.

The Washburn University School of Law team of Jessica Stabler and Kevin Kemp took fourth place at the national finals of the American Bar Association/Law School Division Negotiation Competition, which was held February 3-4, 2012, at the mid-year ABA meeting in New Orleans, Louisiana.

Professor Linda Elrod's article, "'Please Let Me Stay': Hearing the Voice of the Child in Hague Abduction Cases," has been published at 63 Oklahoma Law Review 663 (2011). She reviews the mandate for hearing the child's voice under the U.N. Convention on the Rights of the Child and concludes that a child's voice should be heard in every Hague return case, preferably through representation by a client-directed lawyer appointed for the child.

Four Chilean law professors are visiting Washburn University School of Law Jan. 22-27 as part of a two-week immersion into American law school teaching methods. The project is part of the work of the Institute for Law Teaching and Learning (ILTL), which is dedicated to the improvement of law teaching and learning, assessment, and curriculum design in the United States and abroad.

Washburn University School of Law is one of 20 out of all 200 law schools recognized by National Jurist as "Top Law Schools for Government Jobs." Washburn Law was also among the top 20 law schools in the country for the percent of graduates employed as prosecutors and public defenders. A January 23, 2012 editorial in the Topeka Capital-Journal touts this recognition as bringing "national attention to Washburn University and Topeka and shouldn't go unmentioned."

Professor Rory Bahadur has recently had two articles published. In "The Scientific Impossibility of Plausibility," 90 Nebraska Law Review 435 (2011), Professor Bahadur concludes recent scholarship attempts to salvage the plausibility standard by equating it with empathic judging; modern neuro-scientific research dispels this view and demonstrates empathic capacity in human beings is bio-genetically biased based on race as a result of evolutionary strategies for survival. Because it is so unsupportable it may be that plausibility is a wholly imagined procedural substitute for the following three substantive possibilities the U.S. Supreme Court needed to dodge in its Iqbal decision at all costs: Korematsu is still good law; the federal courts are inept at dealing with matters of war; and the Constitution cannot realistically apply to all situations involving national security. Read the "Plausibility" abstract or article. In "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), Professor Bahadur asserts the tort of negligence is flawed and empirically unsupportable. Scholarship is replete with illusory attempts to distinguish the appropriate role foreseeability plays in establishing the different elements of negligence. None of these academic and judicial distinctions, including the very recent Restatement Third of Torts, survives even cursory examination or hold up in actual litigation. He concludes the real solution is a reformulation of negligence based in part on the pre-Holmesian structure of the tort while accepting foreseeability can only mean one thing as it is applied across the spectrum of negligence elements. Read the "Negligence" abstract or article.

Washburn Law hosted Shelley Sutton, Executive Director of the Kansas CLE Commission, for her webinar "A Conversation with the Kansas CLE Commission: New CLE Rules for Providers" on Wednesday, January 4, 2012. Ms. Sutton presented the webinar about the Kansas rules that took effect on July 1, 2011 to approximately 100 continuing legal education (CLE) providers around the United States. Washburn Law provided the facilities, technology, and staff expertise for the webinar. Attendees were able to watch Ms. Sutton over the Internet, view her PowerPoint presentation, and submit and have answered questions in real time through features available in Adobe Connect. Washburn Law was pleased to partner with the Commission to share information about the rule changes.

The Center for Law and Government and the Washburn Law Journal sponsored the symposium "Breaching Borders: State Encroachment into the Federal Immigration Domain?" in October 2011. Video from the plenary, lunch, and dinner sessions is now available and may be viewed by clicking the link below or at Washburn Law's YouTube channel.

Washburn University School of Law was named a "Best Value" by National Jurist's sister publication preLaw magazine, in its Fall 2011 issue. preLaw recognized 60 schools that offer an affordable education with great job prospects and bar pass rates. In addition, Washburn Law is one of the nation's most outstanding law schools, according to The Princeton Review. The education services company features the school in the new 2012 edition of its book, The Best 167 Law Schools.

Professor Ali Khan's article, "Taking Ownership of Legal Outcomes: An Argument Against Dissociation Paradigm and Analytical Gaming," has been published at 55 Saint Louis University Law Journal 887 (2011). He argues that professional responsibilities arise within the connectionist web of laws, ethics, and personal conscience. Lawyers, judges, and law professors must not renounce personal responsibility in providing professional services.

Professor Michael Hunter Schwartz and his Contracts I and II courses have been selected by the Educating Tomorrow's Lawyers initiative (ETL) as "Innovative Courses" that serve as a model of exemplary innovative teaching. An in-depth profile of the courses, including a full description, information about course design, an outline of teaching methods, and handouts and related materials, is available on the ETL website. The website also has video interviews with Professor Schwartz.

Professor Patricia Judd's article, "Toward a TRIPS Truce," has been published at 32 Michigan Journal of International Law 613 (2011). This article suggests that the conventional wisdom pitting developed countries against developing countries in arguments over intellectual property rights (IPR) protection is beginning to break down. It challenges longstanding assumptions that developed countries want IPR harmonization and developing countries want maximized flexibilities governing judgments of domestic enforcement of international intellectual property norms. uses language from a recent dispute between the United States and China involving the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to add contour to the TRIPS enforcement obligations. Professor Judd illustrates how the dispute has strengthened TRIPS as an intellectual property enforcement instrument and argues that giving dispute settlement panels a mandate, and the power, to take a flexible approach to judging compliance with the Agreement can help TRIPS remain useful and relevant in an age in which the internet is driving rapid technological advances and changing global business.

Professor Craig Martin's article, "The Japanese Constitution as Law and the Legitimacy of the Supreme Court's Constitutional Decisions: A Response to Matsui" has been published at 88 Washington University Law Reveiw 657 (2011). This article, from a conference at the Washington University School of Law on the Supreme Court of Japan, responds to an article by Shigenori Matsui, "Why is the Japanese Supreme Court so Conservative?" Professor Matsui's article makes the argument that a significant factor is the extent to which the judges fail to view the Constitution as positive law requiring judicial enforcement. Professor Martin suggests that rather than framing the question in terms of the Court's "conservatism", Matsui's argument would be that much more powerful by asking whether the Court's constitutional decision-making is "legitimate." Professor Martin's article explores why the term "conservative" can have various different meanings and is ultimately not a very useful basis for evaluating a court.

Professor Janet Jackson hosts the September 11, 2011 episode of I've Got Issues produced by Washburn University's public broadcasting station KTWU. The episode, "When Terrorists Attack: Remembering 9/11," recalls the events of September 11, 2001 when four airplanes were hijacked and crashed into buildings on American soil, changing the lives of a nation. Professor Jackson presents several stories that bring local viewpoints to these events. Jamie Simmons recounts what it was like to be in New York City on the day the World Trade Center was attacked. Kimberlee Grice-Setser, Miss Kansas, was competing in the Miss America Pageant in Atlantic City as the attacks took place (watch Grice-Setser interview only). Greg Bailey, Sr., public information officer for the Topeka Fire Department, discusses the major roles "first responders" must take in such a time of crisis. Matthew and Tiffani Hapke, both Captains with the Kansas National Guard and United State Army, respectively, share their experiences about being deployed to Iraq (watch Hapke interview only). Roger Aeschliman, Topeka resident, Lt. Colonel in the Kansas Army National Guard, and author of the book Victory Denied: Everything You Know About Iraq Is Wrong, explains how people are dealing ten years later with the aftermath of 9/11.

Professor Amy Deen Westbrook's article, "The Inadequate Disclosure of Business Conducted in Countries Designated as State Sponsors of Terrorism," has been published at 39 Securities Regulation Law Journal 15 (2011). U.S. investors unknowingly may invest in companies with business operations in countries the U.S. Department of State designates as State Sponsors of Terrorism (SSTs), currently Cuba, Iran, Sudan and Syria. In most circumstances, U.S. companies are prohibited from doing business in SSTs. However, such U.S. sanctions generally do not apply directly either to foreign companies or to foreign subsidiaries of U.S. companies. Although the Securities and Exchange Commission (SEC) lacks authority to prevent foreign companies from doing business in SSTs, the SEC may require such companies to disclose their business if they offer securities in U.S. public markets. As a result of a narrow interpretation of materiality used by many reporting companies, their disclosure may be inadequate and their conduct may not be disciplined by public scrutiny.

Professor Mary Ramirez commented in the July 7, 2011 New York Times article "As Wall St. Polices Itself, Prosecutors Use Softer Approach." The article discusses more lenient guidelines adopted in 2008 by federal prosecutors related to charging corporations with crimes. The guidelines provide for self-reporting of wrongdoing and have resulted in a dearth of criminal cases despite a raft of inquiries into the financial crisis. Professor Ramirez observes that "If you do not punish crimes, there's really no reason they won't happen again. I worry and so do a lot of economists that we have created no disincentives for committing fraud or white-collar crime, in particular in the financial space." The decision-making process about whether to prosecute appears to be left mostly to the discretion of prosecutors. "The legal representatives will argue that since recoveries can be had by using civil measures, even private litigations, there's no need to bring criminal measures. I disagree with that very much" said Professor Ramirez. (Alternative source for reading this article is at theledger.com.)

Professor Janet Jackson hosted the May 25, 2011 episode of I've Got Issues produced by Washburn University's public broadcasting station KTWU. The episode, "Affordable Health Care: A Patient's Perspective," is the fourth installment of a 3-month series covering health care issues. Professor Jackson interviewed Kansas Insurance Commissioner Sandy Praeger about how the Health Exchanges, to be established under the 2010 Affordable Care Act, will work in Kansas (watch Praeger interview only). Also appearing were physician Jane Murray, author of the recent book about health care issues in the United States, Be the Change: Transforming Health Care From the Inside Out (watch Murray interview only), and local Kansans discussing their real issues with family coverage and retirement insurance.

Professor James Concannon, Distinguished Professor of Law at Washburn University School of Law, is one of two recipients of the Distinguished Alumni Award which was presented by the University of Kansas School of Law in 2011. The award is presented annually to graduates who have distinguished themselves through exemplary service to the legal profession, their communities, the University of Kansas, and the state or nation. Since 1964, 66 graduates have been recognized.

Calling the U.S. Supreme Court's decision in Snyder v. Phelps no surprise, Professor Bill Rich says the justices broke no new legal ground in determining that speech in public places regarding matters of public concern receive full constitutional protection without limits, even when inflammatory or outrageous in nature. His comments were part of a March 3, 2011 New York Times online debate forum, "When Free Speech Feels Wrong." Rich notes that the decision leaves other limits on free speech intact, including neutral time, place and manner restrictions in and around funerals, but has left the door open for prohibiting hate speech in the workplace or other contexts involving a captive audience. The debate between Rich and five other law professors included Susan A. Bandes, professor of law, DePaul College of Law, who will be delivering the Foulston Siefkin Lecture on March 11. Additionally, Rich was quoted in a March 3 AOL news.com article, "Fred Phelps' Daughters May Misread Bible but They Know the Law."

Professor Ali Khan commented in the Kansas City Star's February 12, 2011 article, "Governments Arising from Arab Unrest May Not Fulfill U.S. Hopes," on whether Arab states will adopt American-style democracies that include the separation of church and state. Khan said that "democracy does need to uphold certain universal freedoms that are broadly recognized," but he believes, in these so-called "fusion states," secularism and free markets need not be prerequisites for a political system to respect individual freedoms.

Professor Ali Khan, in his January 29, 2011 foreign affairs commentary, "Constitutional Enforcement in Tunisia, Yemen, and Egypt" published in Jurist, asserts that the people's revolutions of Tunisia, Yemen, and Egypt are in response to sham democracies and their peoples' desire to enforce their rights and liberties. These three countries have established constitutions that promise a democratic form of government and espouse the principle of popular sovereignty. However, each country has been ruled by a single "president" for over twenty years. The people in these countries have elected to recall these irremovable Presidents by resorting to street power. The role of the United States in supporting these popular uprisings remains unclear.

Dean Thomas Romig gave the keynote address during the Honors Ceremony held in conjunction with the Riley County Veterans Day Parade sponsored by the Flint Hills Veteran's Coalition on November 11, 2010 in Manhattan, Kansas. In his remarks, Dean Romig talked about the origins of Veterans Day and its purpose to recognize and celebrate the men and women who have willingly served in the defense of the United States. Veterans have served in many different ways but all have placed service to country before self. Dean Romig observed that the American military is "one of the greatest forces in the world for good, for liberty, and for peace." He illustrated the postive impact the military can have with examples from Bastogne, Belgium and the Normandy coast of France during World War II and eastern Bosnia since the mid-1990s. Dean Romig told the audience that veterans should be proud of what they have done and continue to do and encouraged non-veterans to support those in the military and their families. See the Kansas State Collegian for more about the events held in Manhattan.

Professor Bill Rich discusses "Liability for Extreme Distress" in an October 7, 2010 online New York Times Room for Debate column about free speech and picketing funerals. His opinion piece appears with those of four other law professors (Vikram Amar, University of California, Davis; Christina E. Wells, University of Missouri-Columbia; Alan Chen, University of Denver; and Joel M. Gora, Brooklyn Law School). Together they explore whether private individuals should be able to sue others for intentional infliction of emotional distress caused by offensive speech. Professor Rich provides several examples where tort liability for such action could be recognized. He concludes that "that tort actions by their nature open the door to extensive potential liability, especially when the victim is sympathetic and the perpetrator engages in unpopular provocation. Exposure to unbounded tort liability would inevitably have a 'chilling effect' upon speech, and limits would therefore need to be carefully crafted." Professor Rich also commented about free speech issues associated with Snyder v. Phelps to KSNT News and WIBW News on October 6, 2010.

Professor Jeffrey Jackson's article, "Beyond Quality: First Principles in Judicial Selection and their Application to a Commission-Based Selection System", 34 Fordham Urban Law Journal 125 (2007) was cited by the Ninth Circuit Court of Appeals opinion, Kirk v. Chief Justice Walter Carpeneli. Since 1959, Alaska has selected its state judges through a system known as "merit selection" via a commission. The plaintiffs in Kirk challenged the merit selection system, seeking instead to establish the principle that all participants in the judicial selection process must either be popularly elected, or be appointed by a popularly elected official. The Ninth Circuit affirmed the dismissal of a challenge. An article in the October 3, 2010 Juneau Empire provides further background. Professor Jackson's article is cited on page 16663 of the opinion.

Professors Michael Kaye and Bill Rich discussed the case of Snyder v. Phelps in an October 3, 2010 Topeka Capital-Journal article. The U.S. Supreme Court will hear arguments in the case on October 6, 2010. Albert Snyder, the father of a Marine who died in the Iraq War, sued Westboro Baptist Church and three of its members after they picketed his son's funeral in 2006. A Maryland federal court jury found for the father, and the 4th U.S. Circuit Court of Appeals overturned the verdict. Both professors view this an important freedom of speech case. According to Professor Rich, the decision will fill a gap in First Amendment law dealing with whether traditional tort claims of civil wrong are limited by the First Amendment outside the area of defamation. Professor Kaye observes that free speech can be offensive but that allowing a private person to inhibit speech is inconsistent with out beliefs in the First Amendment and the Constitution. Professor Kaye believes the appeals court ruling will be upheld; Professor Rich does not know which of the parties will prevail.

Professor Ali Khan, commenting in the September 8, 2010 National Public Radio story, "Religious Laws Long Recognized By U.S. Courts," noted that he sees a scenario where non-Muslims in the United States could be governed by Islamic law. "Right now Islam is expanding in the United States," he says. "Now suppose that Muslims become a majority in a particular state; I think then the state laws would reflect Islamic law." Khan cites the city of Dearborn, Michigan which has passed an ordinance that allows the call to prayer to be broadcast over loudspeakers. He believes that the rapid growth of American Islam means that more towns will enact laws friendly to the religion.

Professor Linda Elrod provided comments and an overview of a 2007 Kansas case in the September 13, 2010 ABC News report, "Sperm Donor Stalks Lesbian Mother." The report discusses the recent California case of a mother and her lesbian partner who had a child as a result of donated sperm. The sperm donor had signed a layman's agreement that the child would live with the mother and she would make all parenting decisions; he would have some visitation rights. As the pregnancy progressed, the donor increasingly interjected himself into the couple's life. In the ABC News report, Professor Elrod discussed the similar 2007 Kansas case, In re K.M.H., 285 Kan. 53, 169 P.3d 1025 (2007), in which she filed a brief for amicus curiae. The Kansas case involved a sperm donor who sued a single mother, who was a friend, following the birth of her twins. Professor Elrod, arguing on behalf of the children, said that a "known genetic father" who wants to accept parental responsibility should have those rights. She asks "Why not do what's best for the kids, rather than what's best for the parents?" Professor Elrod observes that at some point the law will have to allow more than two people to be involved in a child's life, when it benefits and his not harmful to the child.

Professor Ali Khan's forthcoming book, Contemporary Ijtihad, will be published by Edinburgh University Press in April 2011. The resurgence of Islam, geopolitical crises involving Muslim nations, violence associated with Islam and the immigration of millions of Muslims to Western countries have generated a strong interest in understanding Islamic law. The challenges of these new realities has impressed upon Muslims the need to rethink classical jurisprudence and a powerful contemporary ijtihad - the process of making a legal decision by independent interpretation of the legal sources - has unleashed a tremendous intellectual energy that is transforming legal systems across the Muslim world. Khan's book explores the limits and controversies of this development in the context of the diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents including Europe and North America.

Professor Michael Kaye commented in the Topeka Capital-Journal on Tuesday, August 24, 2010, about the dismissal of charges against former Westar Energy executives David Wittig and Douglas Lake as a result of the recent Supreme Court decision in U.S. v. Jeffrey Skilling. In Skilling, the Supreme Court ruled the 1988 "honest services" statute could be used only in cases tied to bribery and kickbacks, which the Wittig and Lake case didn't include. Professor Kaye said prosecutors concluded Wittig and Lake did nothing wrong if the charge was linked to the honest services language. "This case was dismissed based on the grounds that they would not be able to get a legitimate conviction if they went forward with this case," Kaye said. "The case has had a lot of missteps and setbacks by the government."

Professor Michael Hunter Schwartz provided comments to the Topeka Capital-Journal for their Saturday, July 24, 2010 article, "Experts: KSU case tough to make." Kansas State University has filed a lawsuit against former football coach Ron Prince seeking to nullify Prince's $3.2 million buyout agreement, negotiated and allegedly concealed by former athletic director Bob Krause. In his comments, Professor Schwartz discussed how the issue of consideration relates to establishing whether a contract exists, whether Krause had actual or apparent authority to enter into a contract with Prince on behalf of K-State, and the likelihood of the Court granting summary judgment in the case.

Professor William Merkel's 2009 Lewis & Clark Law Review article critiquing the U.S. Supreme Court's 2008 District of Columbia v. Heller decision was cited in Justice Stephen Breyer's 31-page McDonald v. Chicago dissent (June 28, 2010). The 5-4 McDonald majority said that a handgun ban in Chicago may have violated Second Amendment rights established in the Court's 2008 Heller decision. In his dissent Breyer observed "Since Heller, historians, scholars, and judges have continued to express the view that the Court's historical account was flawed. See, e.g., Konig, Why the Second Amendment Has a Preamble: Original Public Meaning and the Political Culture of Written Constitutions in Revolutionary America, 56 UCLA L. Rev. 1295 (2009); Finkelman, It Really Was About a Well Regulated Militia, 59 Syracuse L. Rev. 267 (2008); P. Charles, The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court (2009); Merkel, The District of Columbia v. Heller and Antonin Scalia's Perverse Sense of Originalism, 13 Lewis & Clark L. Rev. 349 (2009); . . . . [emphasis added]." Justices Ginsburg and Sotomayor joined in the dissent. The National Law Journal provides a summary of the McDonald decision.

Professor Ali Khan was interviewed by National Public Radio (NPR) on June 24, 2010 regarding five Muslim-American men from Northern Virginia who were each sentenced to ten years in prison by a Pakistan court. The five were arrested in Pakistan in December 2009 and were convicted for conspiring to carry out terrorist attacks. Professor Khan discussed the Pakistani legal system and examined the appeal process and the defendants' rights under international law. He also expressed disappointment over less than vigorous involvement of the American Embassy in Pakistan in protecting the defendants' right to a fair trial. Professor Khan was interviewed by Tony Cox for this NPR News Tell Me More segment; also interviewed during the segement was Nihad Awad, Executive Director of the Council on American-Islamic Relations (CAIR).

An article by Professor Linda Elrod is cited in the May 17 Supreme Court decision in Abbott v. Abbott. Justice Kennedy's opinion for the Court states, "Joint legal custody, in which one parent cares for the child while the other has joint decisionmaking authority concerning the child's welfare, has become increasingly common. . . . [S]ee generally Elrod, Reforming the System to Protect Children in High Conflict Custody Cases, 28 WM. MITCHELL L. REV. 495, 505-508 (2001)." The passage can be found on pages 8-9 of the opinion.

Professor Ali Khan commented in the May 8-21, 2010 issue of the Indian national magazine Frontline on the recent transfer of some of the presidential power by Pakistan President Asif Ali Zardari to the Pakistan Parliament. Zardari's actions restore parliamentary democracy and the federal structure envisaged by the 1973 Pakistan Constitution. Despite the transfer of power and removal of the vestiges of military rule, the question is being asked whether Zardari has been actually weakened. Although Article 58(2)(b) of the Constitution, which allowed a President to dissolve the National Assembly, has been abolished, this Article was abolished and reinstituted several times during the 1990s. Khan notes that "Law cannot do anything if the culture of the ruling elite is lawless. Law works only when there is a will to respect the law. I don't see how respect for law can be generated by merely making amendments to the Constitution. Constitutional amendments are great national events, particularly when they are made in the aftermath of a dictatorship. Pakistanis have a right to celebrate the change. Euphoria is a burst of energy, not a commitment to the rule of law. Whether the ruling elites have indeed changed for the better is an open question."

Professor Lyn Goering has been selected as the Association of Legal Writing Directors (ALWD) President-Elect. She will begin her term in fall 2010, serve as the ALWD President during the 2011-2012 academic year, and be Past President in 2012-2013. ALWD, a non-profit professional association of directors of legal reasoning, research, writing, analysis, and advocacy programs from law schools throughout the United States, Canada, and Australia, is dedicated to improving legal education and the analytic, reasoning, and writing abilities of lawyers. "I am deeply honored by the support and confidence of my legal writing colleagues, and I welcome the opportunity to continue serving the Association over the next three years," said Goering. "The Association of Legal Writing Directors champions the critical role of legal writing in the law school curriculum, recognizing that legal reasoning, research, writing, and advocacy are the bedrock skills of every competent lawyer. The Association supports fair compensation, scholarship opportunities, and academic freedom for all legal writing professors." ALWD has about 350 members representing more than 150 law schools. Other Association activities include supporting the administration of legal writing programs; enhancing the leadership skills and professional development of legal writing professionals; encouraging and supporting research and scholarship in, and development of, the discipline of legal writing; and advocating on behalf of the discipline within the academy and the legal profession.

Visiting Professor David Westbrook visited Jamaica from April 14-16, 2010, to discuss ways in which countries like Jamaica can move forward in the wake of the global crisis. Jamaica is now entering a critical period of re-adjustment to challenging times and Westbrook's visit provided opportunities for Jamaican political and business leaders to rethink the economic path that lies before them. The U.S. State Department sponsored the trip and it was organized by the U.S. Embassy's Public Affairs Section. Westbrook's meetings and presentations in Jamaica included "Moving Forward from a Strong Foundation: Options and Opportunities for the Jamaican Economy," to prominent officials and private sector and government leaders at the U.S. Embassy; and "Rethinking Investment Strategies: A Paradigm Shift," with the Directors of the Planning Institute of Jamaica and Jamaica Trade and Invest. He also met with the financial advisor to the Jamaican President, as well as with various owners of small and large businesses and non-governmental organizations, including womens' groups, the Clarendon Chamber of Commerce, the Small Business Association of Jamaica, and the Young Entrepreneurs Association. Westbrook was interviewed for numerous television and radio programs, and a report of his visit appeared in the Jamaica Observer. The Observer also printed a review of Westbrook's recent book, Out of Crisis. (April 19, 2010).

U.S. News and World Report released its 2011 law school rankings last week. Washburn moved up in the rankings, and its Legal Analysis, Research, and Writing Program was ranked 17th among all law schools.

Professor Lori McMillan testified before the Kansas House Taxation Committee's February 11, 2010 hearing about eliminating certain sales tax exemptions. According to Kansas Department of Revenue Secretary Joan Wagnon the number of exemptions have tripled between 1985 and 2009 to 96, and that the value of exemptions had grown from $3 billion in 2003 to $4.2 billion in 2009. Professor McMillan testified about eliminating many of the exemptions from sales tax enjoyed by specific 501(c)(3) organizations. Exempting taxpayers from contributing their fair share results in the exempted taxpayers enjoying a benefit while taxpayers who are not exempted end up contributing their fair share plus the amount that should have been paid by the now-exempt taxpayer. Professor McMillan observed that "There also should be parity between taxpayers - the concepts of equity demand that similarly situated taxpayers should bear similar tax burdens. ... Although many of the organizations whose exemptions are being eliminated do good works, so does the average Kansan taxpayer who gives a homeless man a cup of coffee, or helps an elderly neighbor shovel their driveway." Reports of Professor McMillan's testimony appeared in the New York Times and Forbes.com.

Dean Thomas Romig was interviewed by Spencer Ackerman of The American Independent News Network regarding the expected appointment of William Lietzau as the Pentagon's deputy assistant secretary for detainee affairs. Lietzau, an international law expert, previously served as a special adviser to Jim Haynes, the top Pentagon lawyer during Donald H. Rumsfeld's tenure. Rumsfeld and Haynes codified torture and indefinite detention as part of Bush-era terrorism policy. Dean Romig described Lietzau as intellectually "flexible" and willing to faithfully implement the policies of his bosses. "The guy is smart, so he can figure out what the Supreme Court has said" about the due process rights to which detainees are entitled, but "it troubles me the guy can go from one end of spectrum to the other, arguably," Romig said. "It's very curious they would take somebody to run [policy on] detainees who was in the position he was in seven or eight years ago." Dean Romig's comments appeared on February 9, 2010 in The Washington Independent, The Iowa Independent, and Harper's Magazine.

Washburn University School of Law is pleased to announce Reginald L. Robinson as the inaugural Director for its Center for Law and Government. Robinson will be responsible for development of the Center for Law and Government, which was recently launched as a way for Washburn Law to refocus its ability to provide graduates expanded opportunities for public service.

Professor Michael Hunter Schwartz delivered a plenary presentation, "What the Best Law Teachers Do," on January 9, 2010 during the Annual Meeting of the Association of American Law Schools in New Orleans, Louisiana. The theme of the Annual Meeting focused on Transformative Law. Professor Schwartz's presentation, as part of a panel on "Transformative Teaching, Mentoring and Institution Building," detailed the preliminary results of his study of the methods, attitudes, habits, and shared understandings of those law teachers who have a lasting, transformative effect on their students. Professor Schwartz is under contract with Harvard University Press to publish the results of the study in 2011 or 2012.

Professor Michael Kaye commented in the Friday, January 15, 2010, Washington Post about State of Kansas District Judge Warren Wilbert. Wilbert, '77, is overseeing the trial of Scott Roeder who is accused of shooting Dr. George Tiller in May 2009. Wilbert is allowing the defense to present a voluntary-manslaughter case and argue that Roeder believed the killing of Tiller was necessary to save unborn children. Professor Kaye doubts Roeder's lawyers will actually be able pull together such a defense. He observed that "All high-profile trials put a lot of pressure on judges because even though our courtrooms are open, generally speaking, the public doesn't have an eye on judges unless election time comes around. So a judge in this position, any judge knowing this, is going to try to do his best to appear judicious and to rule in a way that will not get him reversed." Professor Kaye also dismissed as "hyperbole" warnings that allowing Roeder to build a manslaughter case will lead to open season on abortion doctors.

Professor Bill Rich, a constitutional law specialist at Washburn University School of Law, says, school districts' attempts to get the Kansas Supreme Court to reopen a 1999 suit which claimed that the state's school finance system at the time was unconstitutionally inequitable and underfunded "could be fairly long process, perhaps years rather than months." Rich told the Kansas Reporter, "Presumably, even if the Supreme Court decides to reopen the case, the justices might require some of the issues to be sent back to a lower court or that some other mechanism be established for additional fact finding that would be required to explore the schools' questions thoroughly."

Washburn University School of Law is sad to announce the passing of Professor James B. Wadley on January 1, 2010. Prior to joining the Washburn Law faculty in 1979, Jim Wadley taught at the University of Florida Holland Law Center. Professor Wadley studied law in Mexico and performed legal research in Tanzania, Kenya, and Uganda. While at Washburn he taught law courses in England and Poland. He lived for two years in Uruguay, Paraguay, and Argentina as a missionary for The Church of Jesus Christ of Latter-day Saints. Professor Wadley taught numerous courses in many subject areas, including Agricultural Law, Water Rights, Entertainment Law, Creative Thinking for Lawyers, Patents, Trademarks and Copyrights, and Native American Law. He was selected as the William O. Douglas Outstanding Professor of the Year for the 2000-2001 academic year. He authored a number of books and law review articles. Professor Wadley was active outside the law school, serving as Circuit Court Judge for the Iowa Tribe of Kansas and Nebraska and District Court Judge for the Prairie Band of Potawatomi Nation. He organized and led the College Hill Association Band for its annual 4th of July parade. Paintings of the law school and other Kansas scenes by Professor Wadley were typically presented to retiring law school faculty and staff. Washburn Law faculty, staff, and students extend their deepest sympathies to his wife Frances and other family members. See the Penwell-Gabel website for information about visitation and services to be held January 6, 2010 at 1:00 p.m.

Professor Amy Westbrook was appointed on December 10, 2009 to the United Against Nuclear Iran (UANI) Advisory Board. In making the appointment, UANI President Ambassador Mark D. Wallace commented that Westbrook "has conducted research and written extensively on the financial disclosure of companies that conduct business with state sponsors of terrorism, such as Iran. Professor Westbrook's expertise and insight will bolster UANI's efforts to pressure companies to cease doing business in Iran." UANI is a program of the American Coalition Against Nuclear Iran, Inc. It is a non-partisan, broad-based coalition that is united in a commitment to prevent Iran from fulfilling its ambition to become a regional super-power possessing nuclear weapons. UANI is an issue-based coalition in which each coalition member will have its own interests as well as the collective goal of advancing an Iran free of nuclear weapons.

Associate Dean Kelly Anders and her book, The Organized Lawyer (Carolina Academic Press, 2009), are featured in the winter 2009-2010 issue of Topeka Magazine. By identifying their organizational personality type - stacker, spreader, free spirit, or pack rat - lawyers and other professionals can gain insight about their approach to business and maintain a more organized workspace. Though the model rules of professional conduct say lawyers should be organized and diligent, there is no specific instruction in the typical law school curriculum about how to accomplish these goals. "The types are to identify how people naturally live among their things," says Anders. "Knowing your tendencies under stress helps you to be realistic." In addition to her duties as Associate Dean for Student Affairs at Washburn Law, Dean Anders also manages the law school's externship program.

Professor Bradley Borden's November 18, 2009 presentation at the panel discussion, Where Has All the Money Gone?: Kansas Tax Exemptions and the Budget Hole, was analyzed in the November 23, 2009 Lawrence Journal-World & News. The event was sponsored by the Statewide Independent Living Council of Kansas (SILCK). In his presentation, "Considering Tax Expenditures in State Budget Deliberations," Borden explains how tax expenditures erode tax bases and diminish the state's ability to raise revenue. He notes that public finance discussions often focus solely on tax rates when a thoughtful analysis of tax bases would be more appropriate. He suggests that states should treat tax expenditures like direct expenditures in budget deliberations because in reality the exemptions are expenditures. Borden also demonstrates how tax expenditures can be unfair since tax breaks for the wealthy take money from the middle and lower classes and redistribute it to the wealthy. Also participating on the panel were Kansas Secretary of Revenue Joan Wagnon and Shannon Jones, Executive Director, SILCK. Video of the presentations is available: Complete Presentation (78 minutes) | Jones Introduction (4 minutes) | Borden Presentation (19:30 minutes) | Wagnon Presentation (21:30 minutes) | Questions and Answers (33 minutes).

In an October 10, 2009 The Wichita Eagle article Professor Michael Kaye discussed Scott Roeder's possible use of the necessity defense at his trial first-degree murder in the May 31, 2009 shooting of Wichita abortion provider George Tiller. Roeder said he planned to use a so-called necessity defense at his trial, arguing that he killed Tiller to prevent a greater harm. Professor Kaye said the necessity defense is little used and is designed for cases where a person is in an emergency situation and has to break a law to avoid a greater harm. Kaye said Roeder is trying to argue that what he did was an attempt "to prevent future crime by killing someone. I don't think that's the way this defense has ever been construed."

Professor Myrl Duncan's comments concerning the 'Cats Paw' employment law theory appeared in the November 1, 2009 Salina Journal (Kansas). This theory figures in a federal civil lawsuit recently brought by Ann Johnson, former head of the Salina Housing Authority who was fired by the Housing Authority Board in January 2008. Johnson claims that she was fired because she refused the sexual advances of former mayor and city commissioner Alan Jilka who was liaison to the board. Her suit alleges that Jilka vowed to stack the housing authority board with people who agreed in advance to fire Johnson (i.e., 'Cats Paw'). Professor Duncan believes more sexual discrimination and harassment goes on in workplaces than is reported. Policies where the person being harassed is directed to complain to the same person who is doing the harassing are ineffective.

Professor Amy Westbrook was interviewed on October 22, 2009 by State of the State of KS regarding the implications of removing the antitrust exemption for health insurance companies ("The Antitrust Issue"). President Obama recently threatened to remove the federal antitrust exemption granted to the health insurance industry if they did not cooperate with Democratic efforts at health care reform. Professor Westbrook explained the history behind the exemption, which resulted from passage of the McKarran-Ferguson Act in 1945. The broad-based Act, covering all types of insurance, said insurance is a state matter; states should regulate insurance and so federal antitrust laws would not apply to insurance. As a result, states have well-developed insurance regulations and prohibit behavior that insurance companies should not engage in. However, in connection with the health care debate there is more pressure on insurance to play by the rules that everybody is playing by. Efforts to repeal McKarran-Ferguson have occurred since the 1970s. Recent efforts have focused on repealing portions of the Act as it applies to health insurance and possibly medical malpractice underwriting. As a result, these types of insurance would be subject to both state and federal antitrust laws and removing exemptions would show the public that these types of insurance companies are not getting a special deal and they are expected to play by the rules of good competition that everybody else does.

On October 22, 2009, the Center for Excellence in Advocacy and Phi Alpha Delta Legal Fraternity co-sponsored a lunch time panel discussion on street crime. Panelists included Jason Belveal, '07, criminal defense lawyer; Captain Peggy Fox, Topeka Police Department; Professor Mary Kreiner Ramirez, criminal law and criminal procedure instructor and former assistant U.S. Attorney; and Kyle Smith, former prosecutor, assistant attorney general and currently police legal advisor to the Topeka Police Department. The moderator was Professor Michael Kaye, Director, Center for Excellence in Advocacy. The panel was given two scenarios based on actual police investigations and asked for their views on whether evidence obtained through search and seizure in these cases would be admissible in a criminal prosecution.

In an October 9, 2009 television interview with Waqar Rizvi of Iran's PressTV Professor Ali Khan observed that drone attacks by the U.S. on Pakistan would not be received well by either the military or the people in general and could lead to a civil war. U.S. monetary aid to Pakistan would be contingent upon Pakistan assisting in the fight against the Taliban and Al-Qaeda. Both the military and the civilian government in Pakistan may be willing to accept this aid. Professor Khan believes that hunting down bin Laden is probably irrelevant since Al-Qaeda will most likely survive as an organization with or without him; the United States focus is most likely on dismantling the organization and its infrastructure.

Professor William Merkel of Washburn Law and Professor Raymond T. Diamond of Louisiana State University Law Center took the stage in Forum Hall at Kansas State University for the lecture "Guns on Campus? The New Understanding of the Right to Bear Arms" on September 16, 2009. Video of the presentation is available (117 minutes).

Professor Brad Borden's 2007 Tax Notes article, "Related-Party Like-Kind Exchanges" (co-authored with Kelly Alton and Alan Lederman) was cited by the U.S. Court of Appeals for the Ninth Circuit in Teruya Brothers, Ltd. v. Commissioner filed September 8, 2009 (see footnote 12). The court adopted the before-and-after test presented in the article to determine whether a related-party exchange violated the purposes of section 1031 of the Internal Revenue Code, concluding it did violate the purposes of section 1031. The decision recognized the tax-price theory introduced in the article as a potential defense for exchangers who claim that related-party exchanges do not have a tax-avoidance motive. The taxpayer's failure to argue the tax-price defense leaves that issue open for future courts to consider.

Associate Dean Kelly Anders commented in The National Law Journal's September 7, 2009 article, "The Recession Makes Externships a Sweeter Deal for Students," that students are asking about externship opportunities earlier in their law school career. She observed that "Students are doing everything they can to be competitive and you can't blame them. They want to work." The article notes that, in general, law students are turning to alternate ways of gaining practical experience and making connections that could lead to full-time employment.

In a new monthly column in the KBA Journal, Associate Dean Kelly Anders responds to questions about diversity in the workplace. In her first column, published in the September 2009 issue, she discusses the issue of age. Dean Anders is also the 2009-2010 Chair of the KBA Diversity Committee. Through the committee and column, she hopes to work toward expanding the concept of diversity so that everyone feels that the topic is personally relevant.

Professor Michael Kaye commented in the August 2, 2009 Topeka Capital-Journal article "Racial Profiling Reviewed" that such profiling was not the cause for the arrest of black Harvard University professor Henry Louis Gates. Rather, the incident turned out to be a "celebrity stop" and it was ironic, that of all people, the nationally-known Gates would be taken into custody. Professor Kaye notes he is troubled that, under the circumstances, Gates was handcuffed and jailed, and it was "unusual" he was arrested rather than just issued a citation for disorderly conduct.

Professor Lynette Petty received a Certificate of Appreciation from the Legal Services Corporation (LSC) in conjunction with its Board of Directors third quarter meeting held in Topeka, Kansas, on July 24 and 25, 2009. LSC President Helaine M. Barnett, LSC Board Chairman Frank B. Strickland, and Kansas Legal Services (KLS) Executive Director Marilyn Harp honored Professor Petty and other volunteers who perform pro bono work on behalf of the program's clients at a reception hosted by KLS at the Brown v. Board of Education National Historic Site. The certificate presented to Professor Petty reads, "For your extraordinary commitment to providing equal access to justice through Private Attorney Involvement with Kansas Legal Services." Professor Petty regularly takes pro bono cases from KLS. She notes, "I try to keep a pro bono case at all times and ask for a new one every time I close a case." By taking such cases, Professor Petty helps students recognize the importance of pro bono activity. Based in Washington, D.C., LSC is the largest provider of civil legal aid for the poor in the United States. LSC operates as a private, nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans. The most frequent types of cases handled by LSC are family law, housing and foreclosure, consumer issues, and income maintenance.

Associate Dean Kelly Anders' editorial "The High Road to the High Court is the Best Route" is in the July 22, 2009 issue of The Kansas City Daily Record. In discussing professionalism and diversity as it relates to the U.S. Supreme Court confirmation hearings for Judge Sonia Sotomayor, Dean Anders concludes that "While Sotomayor's appointment would render her the first Latina to become a U.S. Supreme Court Justice – a milestone not to be ignored – it is perhaps more important to remember that her confirmation would enhance the High Court with another professional who has shown the world that she is also a skilled traveler of the high road."

Professor John Francis commented in the June 13, 2009 Topeka Capital-Journal on the evidentiary hearing in the shootings of brothers Daniel and Devin Llamas by off-duty police officer Jason Judd. The special prosecutor in the case and the defense attorney contend Judd acted in self-defense and have asked for charges to be dropped. This request brought a 1901 Kansas statute into play, allowing an associate counsel to voice opposition to dismissal. According to Professor Francis, the statute requires the associate counsel and prosecutor to file their positions in writing and to argue them. Francis observed that another unusual aspect of the case is that during a preliminary hearing, a prosecutor puts on evidence against the defendant seeking to bind him or her over for trial. The defense seldom presents evidence at preliminary hearings.

Dean Thomas Romig was interviewed for the documentary Torturing Democacy. Released in October 2008, the 90-minute film tells the story of how the U.S. government adopted torture as official policy in the aftermath of 9/11. The documentary was recently recognized with a 2009 Robert F. Kennedy Journalism Award in the Domestic Television category. In the film, Romig, former Judge Advocate General of the U.S. Army, helps to reveal the inside story of a Pentagon task force set up by Secretary of Defense Rumsfeld in early 2003. Romig was also interviewed by Peter Kreysler for a segment of the German Public Radio program Dossier which aired October 10, 2008. In "The Inhertance of George W. Bush: How the Bush Administration Changed the USA" Romig talks about secret meetings related to the handling of detainees, opinions by Office of Legal Counsel John Yoo, and interrogation techniques (program transcript [in German], Romig comments on pages 14-17).

Professor Michael Hunter Schwartz is one of the co-directors for the recently established Institute for Law Teaching and Learning (ILTL). The law schools at Gonzaga University and Washburn University agreed to collaborate and formed the Institute, a successor to the Institute for Law School Teaching that was formerly sponsored by Gonzaga. ILTL was established to help law schools meet their obligations to their students and to society to provide a learning environment that helps students achieve the highest academic standards and prepares students to assume their responsibilities as effective, moral attorneys. It is committed to improving the quality of teaching and learning in legal education. The Institute will serve as a clearinghouse for ideas to improve the quality of education in law school; support student-centered curriculum reform; provide national leadership on effective teaching and learning in law school; support research and the development of materials to enhance teaching and learning in law school; and establish and maintain a national reputation for quality programs, responsiveness to law teachers' needs, and innovation in law teaching.

Professor Linda Elrod, in an April 29, 2009 Associated Press story about the U.N. Convention on the Rights of The Child, expressed her continued support for ratification of the treaty by the United States. Opponents of the treaty contend it would enable government officials and a Geneva-based U.N. committee of experts to interfere with parental authority. Supporters view the treaty as a valuable guidepost for children's basic rights and say its global goals are undermined by the refusal of the United States to ratify it. Professor Elrod says that critics ignore the treaty's strong support for the role of families and parents and that "Parents have a right to raise their child, the state has a right to protect the child, and in some instances the child might have an independent right." Elrod's comments appeared in the Los Angeles Times and numerous other news outlets.

In a phone interview with PressTV on April 27, 2009 Professor Ali Khan discussed how the Shariah deal between the Pakistan government and the Taliban will not be durable because parties are negotiating in bad faith. The government broke the deal and attacked the Taliban to please NATO forces, and the Taliban are finding excuses to extend their rule to other parts of Pakistan.

Associate Dean for Student Affairs Kelly Lynn Anders discusses "Order in the Office: Why Organization is Essential to the Legal Profession" in the April 2009 Oregon State Bar Bulletin. She covers topics such as being realistically organized, acknowledging different organizational styles, and treating organization as a process. Dean Anders was also interviewed for a March 2009 article in the ABA Journal, "Taming the Beast," which includes organization tips from her book, The Organized Lawyer (Carolina Academic Press, 2009). Her top tips include addressing e-mail, desktop items, and junk drawer overload.

Professor James Concannon, in an editorial to The Wichita Eagle / Kansas.com on March 11, 2009, responds to Kris W. Kobach, a law professor at the University of Missouri-Kansas City School of Law, about data used to attack the method of selecting appellate judges in Kansas. In Kansas, a nine-member Supreme Court Nominating Commission, composed of both lawyers and nonlawyers, investigates the backgrounds of applicants for vacancies on the state appellate courts and interviews them. The governor then chooses one of three applicants from commission recommendations. Kobach relied upon data compiled by a California law student and published by the Federalist Society from Washington, D.C., to argue that the lawyer members of the Supreme Court Nominating Commission "tilt radically to the left." Analysis of the same data by Professor Concannon and Robert C. Casad, professor of law emeritus at the University of Kansas School of Law, shows that Kobach's claims are not supported.

Kansas Board for Discipline of Attorneys has notified former Kansas Attorney General Phill Kline and two deputy prosecutors "that there is probable cause to believe that these attorneys have violated the Kansas Rules of Professional Conduct." While the notice does not detail the alleged ethical violations the allegations may stem from the prosecution's actions in the investigation of Wichita abortion provider George Tiller. In the February 27, 2009 Wichita Eagle, Professor Sheila Reynolds noted that a violation of an attorney's professional ethics does not always rise to breaking the law. "Attorneys can be disciplined for criminal behavior, but such violations can also include failure to communicate effectively with clients or not being competent on the job," she said. In addition, "A finding of probable cause is very serious for most lawyers," Reynolds said.

Professor Jeffrey Jackson testified before the Kansas Senate Federal and State Affairs Committee at a Tuesday, February 25, 2009, hearing on the Kansas Equal Rights Amendment (ERA) (Senate Concurrent Resolution 1608). The text of the Amendment reads "Equality of rights under the law shall not be denied or abridged by the state or any of its political or taxing subdivisions on account of sex." Witnesses testified that the amendment would override limits on abortion. Professor Jackson told the Committee that "Any fears that the proposed amendment will be used to strike down state bans on same-sex marriage or restrict state regulation on abortion are not justified" since many states have had ERAs for 30 years and several have tougher rules on abortion than Kansas. Read more in the February 25, 2009 Topeka Capital-Journal Online and the Wichita Eagle at Kansas.com, and at KSNT 27 News.

Associate Dean Kelly Lynn Anders was interviewed by Kansas Public Radio's J. Schafer on February 6, 2009, regarding her new book, The Organized Lawyer (Carolina Academic Press, 2009). Dean Anders has also been interviewed by KMAJ 1440 Topeka Talks host Deb Goodrich on January 30, 2009; KSNT 27 News anchor Beth Vaughn on January 16, 2009; and by KTMJ Fox News anchors Frank Waugh and Kelli Stegeman on January 2, 2009. The interviews address organizational tips for lawyers and others, organizational and personality types, and the importance of Professionalism in the Law.

Associate Dean for Student Affairs Kelly Lynn Anders was interviewed by the Wall Street Journal for the December 11, 2008 article "Growth Area: Beards on Laid-Off Executives." In the article Dean Anders advises students to avoid facial hair entirely when interviewing.

Professor Sheila Reynolds was selected as the recipient of the 2008 Robert L. Gernon Award. Established in 2005 and presented annually by the Kansas Continuing Legal Education Commission, the Robert L. Gernon Award for Outstanding Service to Continuing Legal Education in Kansas recognizes those individuals or organizations that have demonstrated a unique commitment to legal education for lawyers in Kansas and have provided outstanding service to continuing legal education.

Commenting to the Topeka Capital-Journal in a June 17, 2008 story about a civil lawsuit brought against University of Kansas basketball player Sheron Collins, Professor Michael Kaye says that a judge's decision to start over with the case and give Collins a second chance to offer a defense indicates the judge is "looking out for a fair result." Collins failed to file a written response within 20 days to a summons and petition served to him on May 14, 2008. Though Collins has never been charged with a crime as a result of an alleged May 2007 incident at the Jayhawker Towers, the plaintiff filed the civil suit because the statute of limitations was set to expire.

In the June 13, 2008 National Public Radio report "The End of Guantanamo as We Know It" by Nina Totenberg, discussing the ramifications of the U.S. Supreme Court's decision in Boumediene v. Bush holding that detainees at Guantanamo Bay, Cuba have the right to seek their release in federal court, Dean Thomas Romig asserts that the Uniform Code of Military Justice can provide a framework for trying enemy combatants held at Guantanamo. Other commentators question whether the Uniform Code can be used because of the demands of classified information and collecting evidence on the battlefield. Dean Romig observes "it is a bit of a red herring because a military courts martial had a process for dealing with classified information and there had been a number of trials in the past where there was classified information provided as evidence and the court dealt with it." During the report Dean Romig also commented another problem that may arise during detainee trials is the evidence to be used was obtained as the result of physical or mental coercion; none of this evidence can be used under the military code. (Note: Dean Romig's comments begin about 6:19 minutes into the report.)

Dean Kelly Lynn Anders' article 'Fight at the Museum' is featured on the front page of National Law Journal's special Intellectual Property section in the May 12, 2008 issue. The Visual Artists Rights Act (VARA) became part of the Copyright Code in 1990, but its applications remain contested and uncertain. Based, in part, on European “moral rights” attached to artists and the art they produce, VARA is too often unclear in how it defines these rights or the works of art that it was designed to protect. One of the greatest uncertainties is whether the statute offers protection for works-in-progress. Last year, a case was decided in Massachusetts that said that it did not, which remains controversial. This article provides an overview of how VARA has been applied to unfinished works, along with commentary about the potential effects of this decision on the relationships between museums and artists.

Dean Romig is quoted in an April 1, 2008 front page Washington Post article about a Justice Department memo that examines the military interrogation of alien unlawful combatants held outside the United States. The March 14, 2003 document reviews both domestic and international law that might be applicable to the conduct of those interrogations. The Washington Post article observes that the memo asserts "federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president's ultimate authority as commander in chief overrode such statutes." Justice Department officials told the Defense Department to stop relying on the memo nine months after it was issued. After reviewing the memo, Dean Romig said "it appears to argue there are no rules in a time of war," a concept he finds "downright offensive."

Professor Nancy Maxwell's comments about student use of laptops in the classroom were featured in the March 2008 National Jurist article 'Adopting a no-laptop policy' (p. 22). When Professor Maxwell banned laptops in her classroom in the fall of 2005 she knew her students might react with confusion or anger. Though she does use other forms of technology in her Criminal Law classes, Professor Maxwell banned laptops in part because she felt disconnected from her students. In addition, data shows that students who took Professor Maxwell's course in a laptop environment had lower test scores on the same multiple choice questions on the final exam than did students who answered those questions after learning in a laptop-free environment. Professor Maxwell observes that "My joy of teaching has returned (and) my teacher evaluations have remained high. A no-laptop policy has not harmed my students." Professor Maxwell's article, "From Facebook to Folsom Prison Blues," is also highlighted in an April 2008 article in Student Lawyer titled "Multitasking Helpful or Harmful?" (vol. 36, no. 8) (see link below).

Professor Ali Khan was interviewed as part of a roundtable discussion on the Constitutional Crisis in Pakistan and U.S.-Pakistan Relations with Radio Aap ki Dunyaa and Voice of America (VOA) News on March 21, 2008. In the interview, Professor Khan argued that if Perved Musharraf does not willing leave the office of the President, Pakistan might land into another constitutional crisis. If the newly-elected Parliament used a two-thirds majority to overule the constitutional amendments that Musharraf made during emergency, the procedure would legitimize the intial constitutionality of the amendments. If the Parliament declared the amendments unlawful through a simple majority vote, the pro-Musharraf Supreme Court might rule that a simple law cannot amend the constitution. To resolve this constitutional dilemma, Professor Khan strongly urged that Musharraf resign and the pre-emergency Supreme Court be restored. (Note: the roundtable discussion is in Urdu and begins approximately 11:40 minutes into the broadcast; it lasts about 33:20 minutes.)

Professor Jim Wadley talked with WIBW-TV about a woman who is being threatened with a lawsuit by the Embroidery Software Protection Coalition. The Coalition claims she illegally bought pirated software through eBay. The woman claims whe did not know she was purchasing pirated software. Professor Wadley commented that shrinkwrap laws way computer programs are owned by the original purchaser, but the disk is still owned by the company. Thus, reselling a disk is not allowed. Professor Wadley indicated that the company would likely end up spending more to sue than they would recover and this will affect the company's strategy.

Professor Ali Khan's comments about Pakistani military rulers and the constitution are included in the recent Council on Foreign Relations Pakistan's Constitution Backgrounder written by Jayshree Bajoria. In the article, Professor Khan says the military rulers give themselves immunity through the constitutional amendments so that they can't be tried for proclaiming emergency or for any of their other actions. In addition, they also say these amendments can't be challenged in a court of law.

Professor Linda Elrod testified against House Bill 2621 on Tuesday, March 4, 2008, before the Kansas Senate Judiciary Committee. In her testimony Professor Elrod observed that the proposed legislation relating to military deployment, mobilization or temporary duty does not consider the best interests of the child. In addition, others besides soldiers, e.g., civilian contractors, may also have custody agreements that are disrupted by assignments.

Professor Ali Khan, in an interview by Ismail Salami for Press TV, discusses whether the results of the recent elections in Pakistan is it a good sign for the country, the prospects for democracy, the future of Pervez Musharraf, and best course for the people of Pakistan.

Professor Ali Khan was interviewed by Gail Davidson and Charles Boyland from CFRO Co-operative Radio in Vancouver, British Columbia, about NATO on February 13, 2008. In this 58-minute interview, Professor Khan examines international law against genocide and raises the question whether the NATO policy of killing the Taliban in Afghanistan is tantamount to genocide. Professor Khan also discusses the role of lawyers in safeguarding fundamental rights without fear or favor.

Dean Romig is quoted in a January 10, 2008 New York Times front page article that explores questions raised by an incident in 2005 where the private security firm Blackwater Worldwide released canisters of CS gas on U.S. Army Soldiers and Iraqi civilians at the Assassins' Gate checkpoint in Iraq. Riot control agents are not used by the United States military in Iraq. If such agents were to be used they would require the approval of the military's most senior commanders. Dean Romig noted that "You never had a soldier with the authority to do it [use an agent] on his own." Dean Romig also provided background information used in the story.

The Bush administration has proposed a regulation requiring "coordination" with politically appointed Pentagon lawyers before any member of the Judge Advocate General corps can be promoted. In the Boston Globe, Dean Thomas Romig calls the proposal an attempt "to control the military JAGs" by sending a message that if they want to be promoted, they should be "team players" who "bow to their political masters on legal advice." This regulation "would certainly have a chilling effect on the JAGs' advice to commanders. The implication is clear: without [the administration's] approval the officer will not be promoted." In a December 19, 2007 follow-up article, the Boston Globe reported that the plan to take control over the promotions of military lawyers was dropped following an outpouring of alarm over the independence of uniformed attorneys. In this follow-up Dean Romig observed that the proposal made sense only as an effort to silence dissent by members of the JAG corps. He questioned "Why would they need to have civilian involvement in selecting JAGs, but not infantry officers or pilots or all those other equally important jobs? Clearly the reason is that they want to control the legal advice that JAGs give. This was an attempt to politicize the advice of the JAG attorneys and to ensure that it is consistent with what the political appointees say."

Professor Bill Rich spoke with the Topeka Capital-Journal about the 'bar and ban' list being developed by Topeka police and landlords. The voluntary program is designed to reduce criminal activity at rental properties by providing a mechanism for landlords to identify individuals previously banned from a complex due to such activity. Professor Rich noted that use of police power by the city to restrict access to rental property without due process of law may violate 14th Amendment rights. Private citizens operating such a list would not violate citizens' rights.

Professor Ali Khan spoke with National Public Radio for their story "What Martial Law Means for Pakistani Families." He talks about his family, all of whom still live in Pakistan. Khan observes that the emergency has not yet reached the ordinary people and that so far protests are confined to the intellectuals. He is surprised that the population has not become involved in the protests and suggests that they are skeptical of the alternative leadership and do not know who to follow. (Professor Khan's comments begin approximately 8 minutes into the story and last for about 4 minutes.)

Dean Thomas Romig, Major General (Ret.), and Dean Donald J. Guter, Rear Admiral (Ret.), argue in a Washington Post letter to the editor that waterboarding is not a political issue; it is inhumane, it is torture, and it is illegal. Suggesting otherwise does a terrible disservice to the nation and those who fight to preserve it.

Professor Ali Khan calls upon lawyers around the world to show solidarity with the lawyers in Pakistan. The lawyers of Pakistan are putting their lives on the line because the basic rights of the people of Pakistan have been suspended. The constitutional right that no person shall be deprived of life or liberty save in accordance with law has been suspended. This suspension means that the government can imprison or kill anyone in Pakistan with no protection of law.

Professor Michael Kaye, talking to the Topeka Capital-Journal about the verdict in Baltimore, Maryland against the Westboro Baptist Church, notes courts have consistently held that citizens have an absolute right to a belief. However, there is a difference between expression of belief and conduct.

Professor Bill Rich, speaking with WIBW-TV, says awarding damages because of behavior involving public protest activity will have a chilling effect on this activity. He questions whether invasion of privacy has occurred if picketers are on public property. The outcome of appeals may hinge on whether the church is targeting individuals and causing distress or engaging in public protest activities.

Professor Michael Kaye attended closing arguments in the case of Lisa Montgomery, who was convicted October 22, 2007 of murdering Victoria Jo Stinnett and kidnapping an infant from Stinnett's womb. The short time it took the jury to return its guilty verdict indicates that jury members were not divided and that Montgomery's insanity defense was not persuasive.

Professor Ali Khan was interviewed by Voice of America for their October 11, 2007 story about the Pakistan presidential election where General Pervez Musharraf received the most votes. If the Pakistan Supreme Court rules General Musharraf's candidacy illegal, Professor Khan believes a new presidential election would need to be held.

Professor Michael Schwartz shares his views about the utility of the Socratic Method in the October 2007 Student Lawyer article 'Beyond the Socratic Method.' In his remarks Schwartz compares Baby Boomer 'just in case' learning with Millennial/Generation Y 'just in time' learning. He also talks about use of technology in the classroom to assist learning.

Michael Kaye comments for the Kansas City Star on the use of grand juries Kansas at the county level. Professor Kaye's comments were also distributed on the Associated Press newswire and appeared in several Kansas newspapers.

Professor Sheila Reynolds was recently recognized with a Pro Bono Award by the Kansas Bar Association for her legal representation of indigent persons without charge. For many years, Professor Reynolds has volunteered through Kansas Legal Services to represent clients pro bono, generally representing one to two clients a year. Last year, she represented a client in a contested and emotional divorce action with several difficult issues, spending more than 50 hours before the case was completed. Washburn University School of Law congratulates Professor Reynolds for her commitment to our community and to those who otherwise would not have access to legal representation.

from Kansas.com The Wichita Eagle by Mark McCormick Respect for life missing in a video of death As difficult as it may be to understand how people could continue shopping while LaShanda Calloway lay dying in front of them, what should happen to those callous customers yields even fewer answers. What obligation, if any, does a bystander have to someone in a life-or-death struggle? Are there criminal repercussions for the bystander who does nothing? If not criminal consequences, can relatives of the victim sue in civil court? Assistant District Attorney Kim Parker said Kansas doesn't have a Good Samaritan law that punishes citizens for failing to render aid. "I have had the facts reviewed with me, and based on what I have been told, I don't know where we could go with it criminally," Parker said Tuesday. This question arises in the wake of the disturbing scene at the Noori Convenience store June 23. Police say no fewer than five customers stepped over a bleeding Calloway as they completed purchases. One woman, they said, took out a cell phone camera and photographed Calloway. Police said the surveillance tape, which they have declined to copy for The Eagle or allow me to view, shows an approximate delay of two minutes before someone called 911. The video showed the 27-year-old Calloway struggling to her feet and collapsing three times without anyone helping her, police said. She eventually died from her wounds. "She laid on the floor while people continued to do their shopping," Police Chief Norman Williams told me Monday. "They're taking photographs. That's our frustration. They didn't call immediately. If people would have been calling us, who knows what the outcome might have been." The department was inundated Tuesday with calls from media outlets, including ABC's "Good Morning America" and NBC's "The Today Show," but won't grant further interviews on the case, police spokesman Gordon Bassham said. "We want to maintain the integrity of the prosecution's case" against the people accused of stabbing Calloway, he said. Still, questions remain unanswered: This behavior certainly qualifies as disgusting, but is it legally punishable? Should it be? Bill Rich, a constitutional law professor at Washburn University Law School, said the question of the legal obligation to render aid has a fairly long history, and that history says there is no obligation. "If someone did have a claim," Rich said, "it would be in a tort, or civil context, rather than in criminal law." Police said people in the surveillance footage seemed coldly indifferent. Was this indifference about the "Stop Snitching" campaign, an effort that urges people in some urban communities not to help police? Did some of the patrons want to avoid police contact? Could this be plain old fear? One reader e-mailed to say that with gang members shooting not only each other but innocent people, why should anyone feel obligated to get involved in a situation such as Calloway's? "I, for one, would not," the reader said. "I prefer to walk away than to be lying next to them when the coroner gets there." Fair enough. But I don't think most of us -- frightened or not -- could simply continue shopping while someone's life spilled out of them. Nor could we stand over them snapping pictures. I have no idea what will happen to the people who stepped over Calloway. But I do have a good idea for people who cross the line this way: They ought to be getting their own pictures taken at the police station. Reach Mark McCormick at 316-268-6549 or mmccormick@wichitaeagle.com.

Supreme Court ruling creates questions for Topeka's schools by Associated Press Jul 3, 2007, 16:47 TOPEKA Kan. A recent U.S. Supreme Court decision could force the public school system here to modify the policies it has used for a decade to keep individual schools racially balanced, attorneys say. Since the 1990s, the Topeka district has permitted students to transfer from their neighborhood schools to others when it helps improve racial diversity. It also built three elementary "magnet" schools to attract students from across the city. The transfer policy and the magnet schools were part of the district's plan for countering housing patterns that had left neighborhood schools too segregated. The plan was a response to parents reopening the Brown v. Board of Education lawsuit that led to the Supreme Court's historic 1954 decision declaring segregated schools unconstitutional. Last week, the U.S. Supreme Court ruled 5-4 that public schools can't use race as a factor in deciding where students will attend classes. At issue were desegregation plans in Seattle and Louisville, Ky. "It looks like you're not allowed to do that anymore," Carl Gallagher, a Kansas City, Kan., attorney who represented the state during the later Brown litigation, said of the Topeka district's policy. Bill Rich, a Washburn University law professor who advised parents in the reopened Brown case, agreed. "The board of education will no longer be able to use race as a deciding factor for whether a student can transfer to another school," Rich told The Topeka Capital-Journal. "It will be more difficult to prevent resegregation." Joe Zima, the Topeka school board's attorney, said he's still reviewing the Supreme Court's opinion. He said Topeka's system for assigning students focuses more on testing, while Seattle and Louisville had a "blanket" policy based on race. And Rich said the Supreme Court decision left open the possibility of other measures, such as economic status, for improving diversity. The original Brown lawsuit was in 1951, taking its name from Linda Brown, whose father tried to enroll her in an all-white school nearest her home but couldn't. Other black parents also tried to enroll their children in white schools as part of an effort by the National Association for the Advancement of Colored People to challenge the segregation in elementary schools. In 1979, 25 years after the Brown ruling, parents reopened the case. While the district argued that racial imbalances in individual schools resulted from housing patterns it couldn't control, the parents successfully argued that the district hadn't done enough to achieve diversity.

Professor Janet Thompson Jackson is highlighted in the success stories section of the spring issue of CLEO Edge magazine. The article focuses on Professor Jackson's experience in business and transactional law and her work as executive director of Families Forward, Inc., a nonprofit organization in Washington, D.C., that provides case management and helps low-income families obtain housing, job training and job placement.

Dean Rich interviewed about whether challenges by attorney general against two new laws will be effective.

Jurist contributing editor and Washburn Law professor Ali Khan says that the suspension of the Pakistan chief justice has pushed the country's lawyers and top judge into an unprecedented confrontation with the executive power of President Pervez Musharraf.

Ingrams Magazine interviews Bill Rich in the article, "The Pipeline to a More Diverse Legal Community."

Professor Kaye, who followed the earlier trials of David Wittig and Doug Lake, weighs in on the announcement of a third trial.

Professor Khan, who recently returned from his native Pakistan, shares his personal involvement in some of the circumstances leading up to the suspension of Pakistan Chief Justice Iftikhar Chaudhry on Jurist, a Web-based legal news and real-time legal research service.

Professor Linda Henry Elrod interviewed by St. Louis Post-Dispatch.

Professor J. Lyn Entrikin Goering was elected to a three-year term on the board of directors of the Association of Legal Writing Directors (ALWD). ALWD is a nonprofit professional association of directors and former directors of legal research, writing, analysis, and advocacy programs from law schools throughout the United States, Canada, and Australia dedicated to improving legal education and the analytic, reasoning, and writing abilities of lawyers. Her term will begin July 1, 2007. Learn more about ALWD at www.alwd.org/

Professor Linda Henry Elrod, Richard S. Righter Distinguished Professor, helped write the Uniform Child Abduction Prevention Act that passed both chambers of the Kansas Legislature and awaits the governor's signature. Professor Elrod also testified in support of the prevention act.

Professor Myrl Duncan comments about access to water for property owners.

Professor Aliza Organick will be one of the presenters at Northern Illinois University Law Review's 16th Annual Law Review Symposium, Emerging Issues in Election Law, Monday, March 26.

Future Dean attracted to Washburn Law because of its reputation for 'very good and dedicated' faculty.

On February 15, Professor David Pierce presented his scholarship to a group of 300 lawyers in Houston, Texas, at the 58th Annual Oil & Gas Law Conference sponsored by the Energy Law Institute of the Center for American and International Law. Professor Pierce was one of the featured general session speakers and discussed major property and contract law issues impacting the development of oil and gas. His article, titled “Recent Developments in Nonregulatory Oil and Gas Law: Beyond Theories and Rules to the Motivating Jurisprudence,” will appear in volume 58 of the Annual Institute on Oil and Gas Law and Taxation. Pierce is also the director of the Business and Transactional Law Center at Washburn University School of Law.

Washburn University School of Law was host to the Feb. 10 ABA Regional Client Counseling Competition

Professor Michael Kaye, who has followed the David Wittig cases through court, comments on the judge's sentence.

Associate Dean Kelly Lynn Anders was the featured speaker at the Topeka Bar Association's February membership meeting. Dean Anders' program, "Externship Programs: The Impact of ABA Standard 305," addressed the elements of ABA Standard 305, ethical considerations for working with law students, and ways in which attorneys increase their legal knowledge and their skills as practitioners by working in the capacity of on-the-job teachers.

The American Inns of Court Foundation recently named Professor James M. Concannon, Distinquished Professor of Law, to the inaugural editorial board of The Bencher, the Foundation's flagship bimonthly publication. The Foundation's board of trustees established the new policy-setting editorial board in its recently approved strategic plan.

Pierce, a 1974 graduate of Pittsburg State University will be honored during the university's commencement activities Dec. 15.

Lawyers differ on whether the Park City Council's closed session before its vote to annex the Wichita Greyhound Park violated open meetings law.

Client loses after suspended lawyer files notice of appeal

The state's highest court will consider for the first time the constitutionality of a 1994 Kansas law that says a sperm donor has no parental rights unless he has a written agreement with the mother.

The Corporate Crime Reporter discusses a law review article published in the Arizona Law Review by Professor Mary Kreiner Ramirez that suggests a death penalty for corporations.

Read Professor Khan's recent article in Counterpunch.

Professor Michael Hunter Schwartz presented, "Maximizing Learning in a Multi-Generational Setting," at the New York State CLE Board Accredited Provider Conference at New York State Judicial Institute on the campus of Pace Law School.

Kelly L. Anders, Associate Dean for Student Affairs, was a guest panelist at Nebraska Bar Association's second annual Legal Diversity Summit panel discussion held Oct. 6 in Omaha.

David E. Pierce, professor of law, has been named director of The Business and Transactional Law Center at Washburn University School of Law.

Professor Jeffrey D. Jackson, associate professor of law, Washburn University School of Law, took part in a national symposium on designing the best judicial selection system. The April 7 symposium, "Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection of State Court Judges," was held in New York City at Fordham University School of Law.

Ali Khan began his four-year term as president of the Islamic Center of Topeka and looks forward to speaking to religious and secular groups.

Professor Linda Elrod is being honored by the Career Chapter of the American Business Women's Association as the 2006 Woman of Distinction.