Washburn Law Faculty Scholarship and Activities, July 2013-June 2014

Aïda M. Alaka

Presentations

Legal Drafting: Translating the Deal into a Contract," Legal Analysis & Writing Workshop IV, Free University of Tbilisi School of Law, October 9-11, 2013 (with Tonya Kowalski).

Andrea J. Boyack

Book Review

"Sovereign Debt and the Three and a Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law and Practice​," review of The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design by Mitu Gulati and Robert E. Scott, (The University of Chicago Press, Chicago and London, 2013), 35 Whittier Law Review 1 (2013).

Other Publications

"Comparative Contract Damages and Penalty Provisions," Georgia Commercial Law Journal (2013).

Presentations

Panelist, "Avenues into Legal Academia," J. Reuben Clark Law Society 2014 Annual Conference, University of Missouri Kansas City School of Law, Kansas City, Missouri, February 15, 2014.

Presenter, Current Issues in Common Interest Community Law, ABA Real Property, Trust and Estate Law Section's Legal Education and Uniform Laws Group, Professors' Corner Webinar, October 9, 2013.

"Freedom of Contract and the Endangered Right to Transfer," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.

"Muddying the Waterfall," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013 (with William E. Foster).

"Curricular Integration and Cat Herding," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013 (with Tonya Kowalski).

Ellen Byers

Other Publications

"Bluebook Refresher," 82:7 The Journal of the Kansas Bar Association 13 (July / August 2013).

Myrl L. Duncan

Presentations

"High Noon on the Ogalalla Aquifer Revisited," Sierra Club - Kansas Chapter Fortieth Anniversary Conference: Planning the Next Forty!, Topeka, Kansas, March 8, 2014.

Panel Moderator, "Contemporary Race Issues: Confronting Inequality in the 21st Century," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

Cited in Texas Supreme Court opinion  In re Stephanie Lee (September 27, 2013): "Reforming the System to Protect Children in High Conflict Custody Cases," 28 William Mitchell Law Review 495 (2001).

"A Review of the Year in Family Law 2011-2012: "DOMA" Challenges Hit Federal Courts and Abduction Cases Increase," 46 Family Law Quarterly 471 (2013) (co-authored with Robert G. Spector). [3.5 MB PDF]

Books and Monographs

Supplements, Volumes 1 and 2 for 16 chapters in Kansas Law and Practice: Kansas Family Law (2014) (Thomson West).

Presentations

"Defining Parents in the 21st Century: Do I Have Two Mothers [Fathers]?," Appellate Judges Education Institute, San Diego, California, November 17, 2013.

"Hearing the Voice of the Child - A Voice Not a Choice," Association of Family and Conciliation Courts Regional Training Conference, There’s No Place Like Two Homes: The Complexities of Separation, Divorce and Co-parenting, Westin Crown Center, Kansas City, Missouri, November 8, 2013.

"Current Kansas Parentage Issues: Are You Both My Mother?," Kansas Legal Services, Domestic Violence Training, Topeka, Kansas, September 27, 2013.

"The Past is Prologue: Child Custody and High Conflict Parents," Horizons: Changing the Future, Shawnee County Court Services Program, Topeka, Kansas, September 12, 2013.

"Lawyers Gone Wild: Sex, Lies and Other Ways to Lose Your License," Advanced Family Law CLE program sponsored by the American Academy of Matrimonial Lawyers, Kansas Chapter, and the Washburn Children and Family Law Center, Mission Hills, Kansas, September 12, 2013.

"Case Management or Parent Coordination: Choosing the Best Option," Seventh Annual Case Management Workshop, The Children and Family Law Center, Washburn University School of Law, Topeka Kansas, August 15, 2013 (with Larry Rute).

Professional Service

Brief of Amici Curiae of the Family and Child Welfare Law Professors Addressing the Merits and in Support of the Respondents in United States v. Windsor, 133 S. Ct. 2675 (2013).

As the Reporter for a Family Law Arbitration Act being drafted by the Uniform Law Commission, participated in the drafting committee meeting on October 24-27, 2013 in Chicago, Illinois.

Attended the meeting of ACPIL, the legal adviser's Advisory Committee on Private International Law in Washington D.C. October 20-21, 2013. Several of the participants met to talk about some of the major international family law issues.

Attended the Council meeting for the American Bar Association Family Law Section on October 17, 2013 in Park City, Utah. She also chaired the editorial board meeting for the Family Law Quarterly on October 19, 2013.

Reporter for new committee of the Uniform Law Commission that is to draft a Uniform Family Law Arbitration Act, 2013-.

Moderated plenary sessions at The Second International Family Law and Practice Conference: Parentage, Equality and Gender, London, England. July 3-5, 2013 (with Honorable Chief Justice Diana Bryant of the Family Court of Australia; Professor Julia Sloth Nielsen of University of Wetern Cape, South Africa, and Professor Elizabeth Cooke, Law Commissioner for England and Wales and Professor of Law University of Reading).

William E. Foster

Presentations

"Muddying the Waterfall," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013 (with Andrea Boyack).

Alex Glashausser

Other Publications

"Doing Nothing Is a Right, But Is It Right?," The Huffington Post (September 12, 2013).

Presentations

"Human Rights, Jurisdictional Wrongs: The Misconstrued Alien Tort Statute," Waseda University Institute of Comparative Law, Open Lecture Series No.11 (2013), Tokyo, Japan, July 24, 2013.

"International Torts, Extraterritorial Distortion," Chuo University Comparative Law Institute, Tokyo, Japan, July 1, 2013.

Emily Grant

Presentations

"Students at the Front of the Classroom," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013.

“The Pink Tower Meets the Ivory Tower: Adapting Montessori Teaching Methods for Law School,” Association of Legal Writing Directors Scholars’ Forum, University of Kansas School of Law, Lawrence, Kansas, September 27, 2013.

Randall L. Hodgkinson

Media Interviews

Quoted, "Court Reverses Itself on Drug Tax-Stamp Law in Kansas," The Wichita Eagle, January 21, 2014, (State of Kansas v. Michael Rae Hensley, Kansas Supreme Court, January 29, 2013).

Quoted, "Passage of 'Hard 50' Bill Paves Way for End of Special Session," The Topeka Capital Journal, September 4, 2013.

Professional Service

Testified at Special Committee on Judiciary, August 26, 2013 (regarding proposed legislation for upcoming special session on the Kansas Hard-50 sentencing proposal).

Janet Thompson Jackson

Media

Host, "Kansas Legislature 2014," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), March 27, 2014.

Host, "War on Poverty," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), February 27, 2014.

Host, "Healthcare Update & Consumer Protection," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), January 23, 2014.

Host, "Home Health," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), November 21, 2013.

Host, "Relationships," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), October 24, 2013.

Host, "Return to Play, Return to School," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), September 26, 2013.

Host, "Parents in Prison," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), August 29, 2013.

Professional Service

Co-Vice President, Clinical Legal Education Association, 2014.

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for ALWD Citation Manual, 2013 Edition (co-authored with Tracy McGaugh Norton, Christine Hurt, Guy Raymond Jones) (LexisNexis, 2013).
» See publisher's web site for further description and ordering information.

Professional Service

Testified on behalf of the Judicial Council Agricultural Corporations Advisory Committee before the Senate Standing Committee on Natural Resources, January 16, 2014.

Lead Editor, Journal of Legal Communications and Rhetoric, 2013-.

Patricia L. Judd

Professional Service

Founding Co-chair, Junior Intellectual Property Scholars' Association (JIPSA), 2013-.

L. Ali Khan

Articles in Law Reviews and Other Scholarly Journals

"Arbitral Autonomy," 74 Louisiana Law Review 1 (2013).

Law and Literature

"Deleting Creative Work," The Huffington Post, December 2, 2013.

Foreign Affairs Commentaries

"Bangladesh -- Toxic Factionalism and Constitutional Confusions," The Huffington Post, December 16, 2013.

"Understanding Pakistani Geopolitics," The Huffington Post, November 11, 2013.

"Georgia -- A Wounded Nation Seeking Self-Definition," The Huffington Post, July 25, 2013.

"The Crude Exuberance of Pakistani Talk Shows," The Huffington Post, July 8, 2013.

Presentations

Panelist, "Islamic Law (CLE)," J. Reuben Clark Law Society 2014 Annual Conference, University of Missouri Kansas City School of Law, Kansas City, Missouri, February 14, 2014.

Professional Service

Taught an intensive week long course in secured transactions to lawyers and law students in Tbilisi, Republic of Georgia (July 11-18 2013).

Tonya Kowalski

Presentations

"Namaste India: A Summer of Teaching, Learning, Law, and Language," Washburn University Brown Bag International Lecture, Topeka, Kansas, April 16, 2014.

Legal Drafting: Translating the Deal into a Contract," Legal Analysis & Writing Workshop IV, Free University of Tbilisi School of Law, October 9-11, 2013 (with Aïda Alaka).

"Curricular Integration and Cat Herding," Central States Legal Writing Conference, University of Kansas School of Law, Lawrence, Kansas, September 28, 2013 (with Andrea Boyack).

Presenter, "Nation to Nation: The Essence of 'Government-to-Government' Relations in Tribal-Federal Consultations," Symbiosis Law School Faculty Seminar, Symbiosis International University, Pune, Maharashtra, India, August 6, 2013.

Other Activity

Visiting International Scholar in Residence, Symbiosis Law School, Symbiosis International University, Pune, Maharashtra, India, July 17 - August 20, 2013

  • First Year BA/LLB Mooting Skills Training (research, writing, and analysis in Torts and Jurisprudence), July 17 - August 13, 2013
  • Guest Lectures, Second Year BA/LLB (advanced IRAC and case reading in Jurisprudence)
  • Guest Lectures, First and Second Year LLM (advanced IRAC; academic legal writing for thesis and publication)
  • Guest Lecture, Innovative and Indigenous ADR in the US, Fifth Year BA/LLB and LLM
  • Faculty Development Workshop I (developing scholarly productivity)
  • Faculty Development Workshop II (current methods for teaching basic and advanced IRAC)

Professional Service

Member, Board of Directors, Association of Legal Writing Directors, 2014-2015.

Craig Martin

Articles in Law Reviews

"Kiobel, Extraterritoriality, and the 'Global War on Terror'," 28 Maryland Journal of International Law 146 (2013).

Opinions/Editorials and Blog Articles

"When Should We Violate International Law in Order to Enforce It?," Huffington Post, September 9, 2013.

"International Law and U.S. Military Strikes on Syria," Huffington Post, August 31, 2013.

Presentations

"Extending the Limits of Armed Conflict," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

Panelist, "Drones, Targeted Killing, and Cyber-Warfare Issues," 2013 Kansas National Guard Annual Judge Advocate General Conference, Washburn University School of Law, Topeka, Kansas, September 28, 2013.

"Extending the Limits of Armed Conflict," University of Missouri School of Law, Faculty Colloquium Series, Columbia, Missouri, September 20, 2013.

「憲法第九条改正:法律的な議論」、大阪大学大学院法学研究科、教授研究会、2013年8月1日。["Amending Article 9 of the Constitution: A Legal Argument," Osaka University Graduate School of Law and Politics faculty presentation, Osaka, Japan, August 1, 2013].

Joseph P. Mastrosimone

Articles in Law Reviews

"Limiting Information in the Information Age: The NLRB's Misguided Attempt to Squelch Employer Speech," 52 Washburn Law Journal 473 (2013).
See also: "Mastrosimone on the NLRB's Election Rules," Workplace Prof Blog, June 19, 2013.

Essays and Other Shorter Works

"Unionizing College Football Players Is More Than a Hail-Mary Pass," The Huffington Post, January 31, 2014.

"NLRB Should Rethink Not Reissue Election Reform Rules," The Huffington Post, December 13, 2013.

"Ending the War Games Over the NLRB," The Huffington Post, July 23, 2013.

Professional Service

Guest blogger, Workplace Prof Blog: Current Events and Emerging Issues in Labor and Employment Law (August 2013). 

Nancy G. Maxwell

Miscellaneous Scholarly Writings

Brief of Amici Curiae of the Family and Child Welfare Law Professors Addressing the Merits and in Support of the Respondents in United States v. Windsor, 133 S. Ct. 2675 (2013).

Lori A. McMillan

Chapters in Books

"Noncharitable Nonprofit Organizations in Canada: An Empirical Examination" in The Quest for Tax Reform Continues: The Royal Commission on Taxation Fifty Years Later (Kim Brooks, editor) (Carswell, 2013).
» See publisher's website for description and ordering information.

Other Publications

"Transferee Shareholders and The Long Arm of the IRS," 141 Tax Notes 223 (October 14, 2013).

"Potential Treaty Issues Arise in the 'Trade or Business' Landscape," 140:7 Tax Notes, 721 (August 12, 2013).

"A 'Trade or Business' Shot Across the Bow: Potential Tax Treaty Issues in Sun Capital," 71:7 Tax Notes International 645 (August 12, 2013).

Professional Service

Testified, Kansas House Committee on Taxation in favour of HB 2614 (addressing various issues with the Kansas Court of Tax Appeals and income tax appeals), February 19, 2014.

David E. Pierce

Articles in Law Reviews and Other Scholarly Journals

"Kansas Oil & Gas Update," 19 Texas Wesleyan Law Review 335 (2013).

Books and Monographs

Co-editor, Oil and Gas Law Reporter, Volume 177 (2014) (Annual reporting on case law developments).

Teacher's Manual to Cases and Materials on Oil and Gas Law. 6th ed. (2013) (West) (co-author with Owen L. Anderson, John S. Lowe, Ernest E. Smith, and Christopher S. Kulander).

Co-editor, Oil and Gas Law Reporter, Volume 176 (2013) (Annual reporting on case law developments).

Presentations

"Kansas Oil & Gas Law: Ten Cases Where the Kansas Supreme Court Got It Wrong," 2014 KBA Oil & Gas Conference, Kansas Bar Association, one-hour presentation, Hays, Kansas, March 7, 2014.

"Issues Rural Communities Face When Attempting to Maximize Land Usage: The Oil & Gas Resource," 2014 Kansas Journal of Law & Public Policy Symposium, Preventing the Ghost Town: What Rural Communities Need to Do to Survive in the Modern Economy, The University of Kansas School of Law, Lawrence, Kansas, February 21, 2014.

"Correlative Rights: The Next 100 Years," State Bar of New Mexico, one-hour presentation, Albuquerque, New Mexico, November 13, 2013.

"Rethinking Oil & Gas Ownership," University of New Mexico School of Law Faculty Presentation, Albuquerque, New Mexico, November 13, 2013.

"The Ethics of Drafting and the Lawyer Representing Renewable Power Project Developers," Special Institute on Renewable Electric Energy Law, Development and Investment, Rocky Mountain Mineral Law Foundation, one-hour presentation, Las Vegas, Nevada, November 8, 2013.

"Common Interests Created in Oil and Gas," and "Split Estates: The Surface Use Issues," Oil & Gas Law Short Course, Rocky Mountain Mineral Law Foundation, three hours of presentations, Westminster, Colorado, October 22 & 23, 2013.

"The Courts and Kansas Oil & Gas Law," 38th Annual Oil & Gas Law Program, Kansas Bar Association and Kansas Independent Oil and Gas Association, one-hour presentation, Wichita, Kansas, October 18, 2013.

"Ethics and Oil and Gas Drafting," 31st Annual Advanced Oil, Gas & Energy Resources Law Course, State Bar of Texas, one-hour presentation, Houston, Texas, October 3, 2013.

"The Role of the CASA Program Attorney: Eight Years as a Program Attorney for CASA of the 31st Judicial District," CASA (Court Appointed Special Advocate) State Director Annual Meeting, one-hour presentation, Topeka, Kansas, August 1, 2013.

William Rich

Media Interviews

Quoted, "Kansas: Private Discrimination Against Gays, Lesbians Already Legal in Most of State, The Chieftain, February 28, 2014.

Quoted, "School Funding Advocates Concerned Politics May Impact Finance Ruling," Lawrence Journal-World, September 29, 2013.

"Constitutional Rights and Facebook," Kansas First News, September 27, 2013 (appears at 1:35).

Presentations

Panel Moderator, "The Life of Brown," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

"The Gettysburg Address: Lincoln's Framework for a New American Constitution," Washburn University, Topeka, Kansas, September 17, 2013.

Reginald L. Robinson

Media Interviews

Quoted, "Law Professor Says 'Dual Elections' a Real Possibility This Year," Law Journal-World, February 17, 2014.

Quoted, "Speaker Argues Recent Court Rulings Detrimental to Voter's Rights," The Kansas State Collegian, September 18, 2013.

Presentations

Panel Moderator, "Race and Education Today," Brown v. Board at 60: Looking Back, Looking Forward Symposium, Washburn University School of Law, Topeka, Kansas, February 27, 2014.

"Supreme Court Reconsiders Voting Rights Act: Broken Law or Broken Promise?," Dorothy L. Thompson Civil Rights Lecture Series, Kansas State University, Manhattan, Kansas, September 17, 2013.

Thomas J. Romig

Media Interviews

Quoted, "President Obama MIA on Military Sexual Assault?," Politico, August 8, 2013.

"Washburn Law Sees Enrollment Decline, But Doesn't Adhere to National Trends," The Topeka Capital Journal, July 28, 2013.

Quoted, "In Generals Court-Martial, Selection Begins for a Jury of High-Ranking Peers," New York Times, July 19, 2013.

Quoted, "Obama's Remarks Roil Military Sex Cases," StarTribune, July 13, 2013.

Presentations

Guest of Honor and Keynote Speaker, Military Dining Out and Solo and Small Firm Awards Presentation, Solo, Small Firm and General Practice Division, 2013 American Bar Association Annual Meeting, San Francisco, California, August 9, 2013.

David S. Rubenstein

Presentations

“The Paradox of Administrative Preemption,” The Association of American Law Schools Annual Meeting, New Voices in Administrative Law Workshop, New York, New York, January 3, 2014.

“The Paradox of Administrative Preemption,” Washington University School of Law, Junior Faculty Workshop, St. Louis, Missouri, December 13, 2013.

"The Paradox of Administrative Preemption," Central States Law Schools Association 2013 Scholarship Conference, University of Arkansas School of Law, Fayetteville, Arkansas, October 5, 2013.

Frédéric G. Sourgens

Articles in Law Reviews and Other Scholarly Journals

"Keep the Faith: Investment Protection Following the Denunciation of International Investment Agreements," 11 Santa Clara Journal of International Law 335 (2013).

Amy Deen Westbrook

Books and Monographs

International Business Transactions: A Context and Practice Casebook. (Carolina Academic Press, 2014).
» See publisher's website for description and ordering information.

Because faculty scholarship and professional activity play such significant roles in the education of Washburn University School of Law students and development of the law, the Washburn Law faculty devotes significant effort to be recognized experts in their respective areas of work. Each year, members of the faculty at Washburn Law produce numerous articles that are published in nationally recognized law reviews, participate on programs around the world, and serve as leaders of important professional organizations. This activity connects the faculty and law school to the legal academy at large, enabling the faculty to bring information and attributes from such efforts back to the classroom to enrich the students' educational experience.

Scholarly and professional programs offered at Washburn Law also enrich the law school's intellectual community. The maintenance of an intellectual atmosphere is crucial in the legal profession — a profession of learned members. Students who participate in any of the many activities that law school offers will be better prepared for the intellectual demands of the legal profession. The combination of world-class scholars, rich scholarly programs, and a welcoming environment make studying at Washburn Law rewarding for our students and further encourages faculty scholarship.