Washburn Law Faculty Scholarship and Activities, July 2006-June 2007

Aïda M. Alaka

Articles

"Corporate Reorganizations, Job Layoffs, and Age Discrimination: Has Smith v. City of Jackson Substantially Expanded the Rights of Older Workers Under the ADEA?" 70 Albany Law Review 143 (2006).

Presentations

"Writing with Clarity and Strength: Maximizing Advocacy with Best Writing Practices," The Art of Advocacy: Not-So-Secret Tips for Writing Effective, Persuasive and Ethical Legal Briefs, Washburn University School of Law, Topeka, Kansas, March 10, 2007.

"Recent Developments in Employment Law in Kansas," Kansas Women Attorneys Association Annual Meeting, Lindsborg, Kansas, July 2006.

Kelly Lynn Anders

Presentations

"Externship Programs: The Impact of ABA Standard 305," Topeka Bar Association, February 2, 2007.

Panelist, Legal Diversity Summit, Nebraska Bar Association, Omaha, October 6, 2006.

Bradley T. Borden

Articles in Other Journals

"Related-Party Like-Kind Exchanges," 115 Tax Notes 467 (April 30, 2007) (co-author with Kelly E. Alton and Alan S. Lederman).

"Tax Opinions in TIC Offerings and Reverse TIC Exchanges," 23 Tax Management Real Estate Journal 88 (March 7, 2007) (co-author with Todd D. Keator).

"Transforming Personal and Intangible Property into Real Property," 34 Real Estate Taxation 52 (1st Quarter 2007) (co-author with Kelly E. Alton).

ABA Section of Taxation Comment Projects and Reports

ABA Section of Taxation Comments on Additional Options to Improve Tax Compliance Prepared by the Staff of the Joint Committee on Taxation (August 3, 2006) (March 15, 2007) (reviewer).

Academic Presentations

"In Defense of Section 1031," 2007 Joint Meeting of the Law and Society Association and the Research Committee on Sociology of Law, Berlin, Germany, July 2007.

"Policy and Theoretical Dimensions of Qualified Tax Partnerships," University of South Carolina School of Law Faculty Presentation, Columbia, South Carolina, April 2007.

"Policy and Theoretical Dimensions of Qualified Tax Partnerships," Charleston School of Law Faculty Presentation, Charleston, South Carolina, April 2007.

"Qualified Tax Partnerships," Washburn Tax Law Colloquium, Topeka, Kansas, February 2007.

"Tax-Free Swaps: Using Section 1031 to Preserve Investment Net Worth," Washburn University School of Law Faculty Presentation, Topeka, Kansas, December 2006.

"The Federal Definition of Tax Partnership," The 2006 Meetings, The Canadian Law and Economics Association, Toronto, Canada, September 2006.

Other Presentations

Moderator, "Trends and Traps Under Section 1031: What Does and Doesn't Work Under Recent Like-Kind Exchange Guidance," American Bar Association Section of Taxation Teleconference, May 2007.

Moderator, "Practical Implications of Securities Basis Reporting," and Panelist, "Economic Substance—Will it Invade Everyday Transactions?" American Bar Association Section of Taxation Meeting, Sales, Exchanges and Basis Committee Meeting, Washington, D.C., May 2007.

"Multi-State Tax Issues," 2007 Federation of Exchange Accommodators Mid-Year Conference, Washington, D.C., April 2007.

Panelist, "Sales and Exchanges: Current Developments," and Moderator, "Sales and Exchanges of Leases (Part III)," American Bar Association Section of Taxation and Section of Real Property, Probate and Trust Law Joint Meeting, Sales, Exchanges and Basis Committee Meeting, Hollywood, Florida, January 2007.

"Tax Opinions in TIC Offerings and Reverse TIC Exchanges," BNA Tax Management Advisory Board Meeting, New York, New York, December 2006 (with Todd D. Keator).

Panelist, "Sales and Exchanges: Current Developments," and Moderator, "Sales and Exchanges of Leases (Part II)," American Bar Association Section of Taxation and Section of Real Property, Probate and Trust Law Joint Meeting, Sales, Exchanges and Basis Committee Meeting, Denver, Colorado, October 2006.

James M. Concannon

Chapters in Books

"Witnesses" (chapter 18), "Relevance and Extrinsic Policies Affecting Admissibility" (chapter 19), "Judicial Notice" (chapter 22) and "Privileges" (chapter 23), Kansas Criminal Law Handbook. 4th ed. (Kansas Bar Association, 2006).

"Evidence," Annual Survey of Kansas Law. Kansas Bar Association (2006).

Myrl L. Duncan

Presentations

"Water Law in Kansas" at a public meeting, "More Water for Salina: What Can We Do?" Sponsored by the Land Institute, Salina, March 11, 2007.

"Prior Appropriation on the Ogallagla Aquifer: The Age of Conservation Meets the Great American Bar B Q," Washburn University School of Law (presented to groudwater experts from China, India, Bangaladesh, and Nepal), December 11, 2006.

Linda Henry Elrod

Articles

"A Review of the Year in Family Law: ERISA, Jurisdiction, and Third-Party Cases Multiply," 40 Family Law Quarterly 545 (2007) (co-author with Robert G. Spector).

"A Move in the Right Direction?: Best Interests of the Child Emerging as Standard for Relocation Cases," 3:3/4 Journal of Child Custody 29 (2006). [1.5 MB PDF; requires Adobe Acrobat Reader]

Books

2007 Supplements for 17 chapters of Child Custody Practice and Procedure. Rev. ed. (West Group, 2006).

Chapters in Books

"A Move in the Right Direction?: Best Interests of the Child Emerging as Standard for Relocation Cases," in Relocation Issues in Child Custody Cases (Philip M. Stahl, Leslie M. Drozd, editors) (New York : Haworth Press, 2006).

J. Lyn Entrikin Goering

Chapters in Books

"State Taxation of Indian Tribal Activity: Is the Power to Tax the Power to Destroy?", in Abuso de Poder do Estado na Atualidade. Daniella Gomes de Mattos & Liana Taborda Lima, editors. (Rio de Janeiro : Editora America Juridica Ltda., 2006.) ISBN: 8576670399. (co-author with James B. Wadley).

Presentations

Panelist, "The Merits and Challenges of Directing a Tenure-Track Legal Writing Program," 2007 Biennial Conference of the Association of Legal Writing Directors (ALWD), Denver, Colorado, June 14-16, 2007.

"The Ethics of Legal Writing," Continuing Legal Education Seminar, State of Kansas, Department of Administration Legal Section, Topeka, Kansas, June 1, 2007.

"Report on The Nairobi Conference on Legal Writing Pedagogy for African Legal Academics," Global Legal Skills Conference, Chicago, Illinois, May 4-5, 2007.

"The Ethics of Legal Writing," The Pedagogy of Legal Writing Conference, Nairobi, Kenya, March 17, 2007. (352 KB PDF; requires Adobe Acrobat Reader.)

"Winning Fair and Square: Ethics in Advocacy Writing," The Art of Advocacy: Not-So-Secret Tips for Writing Effective, Persuasive and Ethical Legal Briefs, Washburn University School of Law, Topeka, Kansas, March 10, 2007.

"Researching Kansas Legislative History," Presentation to Kansas Appellate Court Research Attorneys, Kansas Judicial Center, January 18, 2007.

Ronald C. Griffin

Other Publications

Vernon's Kansas Statutes Annotated: Uniform Commercial Code, 2007 Pocket Parts/Supplement, Volumes 7-9 (St. Paul, Minn. : Thomson/West).

Vernon's Kansas Statutes Annotated: Uniform Commercial Code, 2006 Pocket Parts/Supplement, Volumes 7-9 (St. Paul, Minn. : Thomson/West).

Presentations

"A Chat About National Security," 2007 Statewide "We the People Competition," Kansas Department of Education, Topeka, Kansas, January 30, 2007.

"Open Letter to Meg About York: Lewis and Clark Expedition," Tent of Many Voices, United States Department of Interior-United States National Park Service Bi-Centennial Celebration of the Lewis and Clark Expedition, St. Louis, Missouri, September 23, 2006.

Randall L. Hodgkinson

Presentations

"Difficulties in Criminal Appellate Advocacy," Appellate Practice Symposium, Kansas Bar Association, Topeka, Kansas, April 20, 2007.

Book Chapters and Similar Publications

"Diversion" (Chapter 5), Kansas Criminal Law Handbook, 4th ed. (Kansas Bar Association, 2006).

Janet Thompson Jackson

Presentations

Presenter, "Strategies for Client Selection," 2007 Business Law Clinics Conference and Workshop, Chapel Hill, North Carolina, April 20, 2007.

Speaker, "Essay Exam Taking Techniques," Council on Legal Education Opportunity: Thurgood Marshall Legal Opportunity Educational Program, 2007 Mid-Winter Academic Enhancement Seminar, Alexandria, Virginia, January 6, 2007.

Jeffrey D. Jackson

Articles

"Socrates and Langdell in Legal Writing: Is the Socratic Method a Proper Tool for Legal Writing Courses, 43 California Western Law Review 267 (2007) [2.2 MB PDF].

"Beyond Quality: First Principles in Judicial Selection and Their Application to a Commission-Based Selection System," 34 Fordham Urban Law Journal 125 (2007). [166 KB PDF; requires Adobe Acrobat Reader]

Presentations

"Just the Facts: Writing a Persuasive Fact Statement," The Art of Advocacy: Not-So-Secret Tips for Writing Effective, Persuasive and Ethical Legal Briefs, Washburn University School of Law, Topeka, Kansas, March 10, 2007.

Forum Panelist, "What Does Freedom of the Press Mean When the Press is the Internet?", Washburn University Constitution and Citizenship Forum, September 18, 2006.

Michael Kaye

Other Publications

"Criminal Code," Vernon's Kansas Statutes Annotated, Volumes 10-11, 2006 annual supplements. (Thomson/West).

"Code of Criminal Procedure," Vernon's Kansas Statutes Annotated, Volumes 12-13, 2006 annual supplements. (Thomson/West).

L. Ali Khan

Articles

"Forcing them to be Free: Bush's Project for the Muslim World," 8 Global Dialogue 1 (2006).

"An Islamic View of the Battlefield," 7 Barry Law Review 21 (2006) (Symposium issue: God and War).

Legal Commentaries

"A Lawyers' Mutiny in Pakistan," Jurist: Legal News & Research (May 17, 2007).

"Combating Defamation of Religions," MWC News (December 31, 2006).

"President's Incitements to Commit Genocide," MWC News (September 18, 2006).

"Suppressive Rulings: Turkey's Headscarf Ban," National Law Journal (online edition) (July 24, 2006).

Foreign Affairs Commentaries

"The Pakistan Chief Justice Story: A Personal Narrative," Jurist: Legal News & Research (April 15, 2007).

"The Veil and the British Male Elite," MWC News (October 26, 2006).

"Fighting Words: The Abuse of Islam in Political Rhetoric," Jurist: Legal News & Research (August 20, 2006).

"The War Crime Machine: Defeating the IDF," Counterpunch (July 29/30, 2006).

Tonya Kowalski

Presentations

"Better Advocacy Through Persuasive Issues and Point Headers," The Art of Advocacy: Not-So-Secret Tips for Writing Effective, Persuasive and Ethical Legal Briefs, Washburn University School of Law, Topeka, Kansas, March 10, 2007.

Nancy G. Maxwell

Articles

"The Psychological Consequences of Judicially Imposed Closets in Child Custody and Visitation Cases Involving Gay or Lesbian Parents," 13 Wm. & Mary J. Women & L. 305 (2006) (with Richard Donner) [3 MB PDF; requires Adobe Acrobat Reader].

Presentations

"Living Diversity: Broaden the Spectrum" and "Sexual Orientation: 'The Knew Kid' on the Block," panels as part of Second Annual Washburn Law Diversity Week, Topeka, Kansas, March 6 and March 7, 2007.

"Adoption and New Family Realities," panel at International Conference on LGBT Human Rights, Montreal, Canada, July 2006.

William G. Merkel

Articles

"Mandatory Gun Ownership, The Militia Census of 1806, and Background Assumptions Concerning the Early American Right to Arms: A Cautious Response to Robert Churchill," 25 Law & History Review 188 (2007).

"A Cultural Turn: Reflections on Recent Historical and Legal Writing on the Second Amendment," 17 Stanford Law & Policy Review 671 (2006).

Book Reviews

Saul Cornell. A Well Regulated Militia: The Founding Fathers and the Origins of Gun Control in America (New York: Oxford University Press, 2006) in 112 The American Historical Review 842 (2007).

Aliza Organick

Articles

"Creating a Tribal Law Clinic in Kansas: Carving the Peg to Fit the Hole," 82 North Dakota Law Review 849 (2006). [736 KB PDF; requires Adobe Acrobat Reader]

Presentations

Roundtable Discussant, "Indian Law Clinics and Externship Symposium Roundtable Discussion: Lawyering for Indigenous People," First Annual Indian Law Clinics & Externship Symposium, Albuquerque, New Mexico, June 22, 2007. Roundtable Transcript, 8 Tribal Law Journal 52 (2008).

Panelist, "Panel and Group Discussion on Tribal Governance," Tribal Law & Government Conference 2006, University of Kansas, Lawrence, Kansas, October 27, 2006.

Presenter, "Creating a Tribal Law Clinic in Kansas: The Joys and Challenges of Bringing a Clinic into the World," The Pedagogy of American Indian Law, UND Northern Plains Indian Law Center, Grand Forks, North Dakota, October 13-14, 2006.

Presenter, "Kansas ICWA Cases in Review," Seventh Annual Native Nations Law Symposium, Sac and Fox Nation, August 25, 2006.

David E. Pierce

Articles

"Interpreting Oil and Gas Instruments," 1 Texas Journal of Oil, Gas & Energy Law 1 (2006).

Books

Kuntz A Treatise on the Law of Oil and Gas, Volume 1-5 Cumulative Supplements, 2006 and 2007 (LexisNexis) (with Owen L. Anderson, Ernest E. Smith and John S. Lowe)

Contributor, Oil and Gas Reporter, Volumes 162-163 (LexisNexis 2006-2007) (with other editors).

Chapters in Books

"Banking, Commercial & Contract Law" (chapter 2), 2007 Kansas Annual Survey (Kansas Bar Association).

Presentations

"Recent Developments in Business and Transactional Law," Recent Developments in the Law sponsored by Washburn University School of Law, Topeka, Kansas, June 21, 2007.

"Oil and Gas Lease 2007: Problems, Solutions, Improvements," Kansas Bar Association, 125th Annual Meeting, Wichita, Kansas, June 9, 2007.

"Banking, Commercial and Contract Law Developments," Annual Survey of the Law sponsored by the Kansas Bar Association, Topeka, Kansas, May 20, 2007.

"Transactional Evolution of Joint Operating Agreements in the Oil and Gas Industry," Special Institute on Oil and Gas Agreements: Joint Operations, Rocky Mountain Mineral Law Foundation, American Association of Professional Landmen, Council of Petroleum Accountants Societies, Santa Fe, New Mexico, May 17, 2007.

"Applied Contract Law for the Transactional Lawyer," Washburn University School of Law, Business and Transactional Law Center, Topeka, Kansas, March 2, 2007.

"Representing Landowners in Oil and Gas Transactions," 7th Annual CLE Slam-Dunk program sponsored by the Kansas Bar Association and the Kansas State University Foundation, Manhattan, Kansas, February 19, 2007.

Featured General Session Speaker, "Oil and Gas Law Update," 58th Annual Oil & Gas Law Conference sponsored by the Energy Law Institute of the Center for American and International Law, Houston, Texas, February 15, 2007.

"Recent Developments in Nonregulatory Oil and Gas Law: Beyond Theories and Rules to the Motivating Jurisprudence," 58th Annual Oil & Gas Law Conference sponsored by the Energy Law Institute of the Center for American and International Law, Houston, Texas, February 15, 2007.

"Recent Developments in Oil & Gas Law and a Review of Basic Oil and Gas Lease Principles," 31st Annual KBA/KIOGA Oil and Gas Law Conference, Kansas Bar Association and Kansas Independent Oil & Gas Association, Wichita, Kansas, October 27, 2006.

"Common Interests Created in Oil & Gas," "Technical Aspects of Oil & Gas Exploration, Production, and Marketing," "The Oil & Gas Lease: Implied Covenants," "Environmental Regulation of the Oil & Gas Industry," Oil & Gas Short Course, Center for American and International Law and the Rocky Mountain Mineral Law Foundation, Houston, Texas, October 16, 2006.

"Introduction to Legal Drafting," Washburn University School of Law, Business and Transactional Law Center, Topeka, Kansas, October 6, 2006.

"Professional Responsibility Demands When Representing the Kansas Child," Allen County Bar Association and CASA of the 31st Judicial District, Iola, Kansas, September 25, 2006.

Other

Program Chair, 53rd Annual Institute of the Rocky Mountain Mineral Law Foundation to be held in Vancouver, BC from July 19-21, 2007.

Chair, Long Range Planning Committee, Rocky Mountain Mineral Law Foundation, 2007.

Recipient, William O. Douglas Outstanding Professor of the Year 2006-2007, Washburn University School of Law.

Drafted Kansas Senate Bill No. 118 responding to requests by district court judges to define procedures for the use and administration of reports provided by Court Appointed Special Advocates (CASAs). Testified before the Kansas Senate and House Judiciary Committees in support of the Bill, Spring 2007.

Recipient, Meritorious Achievement Award, Pittsburg State University, December 15, 2006.

Sheila Reynolds

Other Publications

Ethics for Attorneys Serving as Case Managers or Conciliators, Shawnee County Domestic Service Providers, October 2006 (10 pages).

Ethical Considerations in Representing Juvenile Offenders, Governor's Conference on Juvenile Justice, August 2006 (33 pages).

Robert J. Rhee

Articles

"Catastrophic Risks and Governance After Hurricane Katrina: A Postscript to Terrorism Risk in a Post-9/11 Economy," 38 Arizona State Law Journal 581 (2006). (254 KB PDF; requires Adobe Acrobat Reader.)

Michael Hunter Schwartz

Books

Pass the Bar! (Carolina Academic Press, 2006).

Other Publications

"Towards a Vision of a Humanized Classroom: A Few Ideas for Improving Students' Experience in Large, Doctrinal Classes," Conference Materials for "Balance in Legal Education: One Year Later," 2007 Annual Meeting of the American Association of Law Schools (January 2007).

"New Ideas in Old Bottles: Integrating Bar Pass Instruction in Upper-Division Bar Tested Courses," Conference Materials for "Integrating Academic Support Across the Curriculum," 2007 Annual Meeting of the American Association of Law Schools (January 2007).

"Best Practices For Integrating Academic Support Into The First-Year Curriculum, Influencing Doctrinal Faculty, And Designing Introductory Programs," Conference Materials for Best Practices in Academic Support Conference (November 2006).

Presentations

"Active Learning Teaching Methods," opening plenary session presentation at the 2007 LSAC Academic Assistance Conference, Miami, Florida (June 21, 2007).

"Six Active Learning Ideas for Adding New Modes to Your Teaching," Institute for Law Teaching Summer Conference, Boston, Massachusetts (June 8, 2007).

"Ex-L in Law School Training," Council on Legal Education Opportunity Summer Institute, Columbia, Missouri (June 4, 2007) and Pittsburgh, Pennsylvania (June 5, 2007).

"Teaching and Learning Colloquium," presented to Marquette University Law School faculty (all-day event focused on a wide range of teaching techniques, on assessment of learning, evaluation of students and mechanisms for teaching law students to be expert, self-regulated learners) (March 22, 2007).

Invited Speaker, "The Clock is Ticking: Maximizing Your Limited Instructional Time with Students," and Invited Teaching Consultant, Wisconsin Law School (February 2007).

Selected Panelist, "Integrating Academic Support Across the Curriculum," 2007 Annual Meeting of the American Association of Law Schools (January 2007).

Panelist, "Balance in Legal Education: One Year Later," 2007 Annual Meeting of the American Association of Law Schools (January 2007).

Plenary Speaker, "Best Practices For Integrating Academic Support Into The First-Year Curriculum, Influencing Doctrinal Faculty, And Designing Introductory Programs," Best Practices in Academic Support Conference (November 2006).

"Best Practices in Assessment," Washburn University School of Law Adjunct Faculty Appreciation Lunch/Training Program (Fall 2006).

Keynote Speaker, "Maximizing Learning in a Multi-Generational Setting," New York Accredited CLE Provider Conference, Sponsored by the New York Continuing Legal Education Board (New York State Judicial Institute on the campus of Pace Law School) (4.7 MB PowerPoint; embedded videos require Windows Media Player)

James B. Wadley

Articles

"Indian Citizenship and the Privileges and Immunitites Clause of the United States Constitution: An Alternative to the Problems of Full Faith and Comity?" 31 Southern Illinois University Law Journal 21 (2006).

Chapters in Books

"State Taxation of Indian Tribal Activity: Is the Power to Tax the Power to Destroy?", in Abuso de Poder do Estado na Atualidade. Daniella Gomes de Mattos & Liana Taborda Lima, editors. (Rio de Janeiro : Editora America Juridica Ltda., 2006.) ISBN: 8576670399. (co-author with J. Lyn Goering).

"Domestic Commodity Programs" (chapter 57), "Federal Crop Insurance" (chapter 58), "The USDA National Appeals Division" (chapter 59), "United States Department of Agriculture Conservation Programs on Non-Federal Lands" (chapter 60), "United States Department of Agriculture Marketing and Regulatory Programs" (chapter 61, updated), "Rural Development Within the United States Department of Agriculture" (chapter 62, updated), "United States Department of Agriculture Food and Nutrition Service" (chapter 63, updated) in West's Federal Administrative Practice. 4th ed. (Thomson/West 2006).

Other Publications

"Agriculture and Farm Law" (chapter 47), "Water Rights" (chapter 50), and "Foreign Ownership of Land" (chapter 79) 2006 annual supplement for Thompson on Real Property. 2nd Thomas ed. (David A. Thomas, Editor-in Chief) (LexisNexis).