Washburn Law Faculty Scholarship and Activities, July 2017-June 2018

Andrea J. Boyack

Articles in Law Reviews and Other Scholarly Journals

"Side by Side: Revitalizing Urban Cores and Ensuring Residential Diversity," 92 Chicago-Kent Law Review 435 (2017).

Presentations

"The Freedom of Contract Myth: Status Law Ascendant," Liability Without Assent: When Contract Occurs Without Assent, What Grounds Liability and Remedy? Seeking Positive Premises, American Association of Law Schools Annual Meeting, Section on Contracts, San Diego, California, January 6, 2018.

"Urban Renewal for a New Millennium," Exploring New Frontiers in Real Estate Development, American Association of Law Schools Annual Meeting, Sections on Commercial & Related Consumer Law and Real Estate Transactions Joint Program, San Diego, California, January 4, 2018.

"Too Poor for Bankruptcy," J. Reuben Clark Law Society, Annual Scholarship Conference, San Diego, California, January 3, 2018.

"Residential Segregation, Rental Unaffordability, and Neighborhood Decline: Taming the Three-Headed Housing Hellhound," Class Crits X conference, Tulane University School of Law, New Orleans, Louisiana, November 10-11, 2017.

"The Scary Truth about Housing Segregation," Business and Transactional Law Center, Washburn University School of Law, Topeka, Kansas, October 31, 2017 (with Michelle Ewert and Janet Jackson).

Discussant, Rule of Law workshop, Liberty Fund and the Federalist Society, Charlotte, North Carolina, October 13-14, 2017.

"Prevention or Cure: Comparing European and American Approaches to Consumer Financial Distress," session on Business, Bankruptcy, and Financial Distress, National Business Law Scholars Conference, University of Utah S.J. Quinney College of Law, Salt Lake City, Utah, June 8, 2017.

Professional Service

Treasurer, Central States Law Schools Association, 2018-2019.

Secretary, American Association of Law Schools, Section on Real Estate Transactions, 2018.

Participated in the American Society of Comparable Law (ASCL) Annual Meeting, American University Washington College of Law, Washington, DC, October 27-28, 2017.

Gillian Chadwick

Media Contact

Quoted, "Law School Clinics Support Deferred Action for Childhood Arrivals (DACA) Recipients," The National Jurist, September 28, 2017.

Quoted, "Editorial: We’re Grateful to Washburn, University of Kansas for Helping with Deferred Action for Childhood Arrivals (DACA) Renewals," The Topeka Capital Journal, September 16, 2017.

Quoted, "Washburn, University of Kansas Law Clinics Offer Deferred Action for Childhood Arrivals (DACA) Renewal Assistance Before Deadline," The Topeka Capital Journal, September 13, 2017.

Presentations

"Brief Service Fairs: Identifying Learning Goals and Navigating Ethical Challenges," Midwest Clinical Legal Education Conference, University of Kansas School of Law, Lawrence, Kansas, October 13, 2017 (with Michelle Ewert).

"Noticias de DACA," Topeka Public Schools, Quinton Heights Education Campus, Topeka, Kansas, October 5, 2017 (in Spanish).

"Addressing LGBTQ Bias in Legal Systems," ABA Commission on Domestic & Sexual Violence training program, "A Coordinated Response: Legal System Advocacy for LGBTQ Victims of Intimate Partner Violence" Frankfort, Kentucky, September 27, 2017 (with Kelly Behre).

"What's New In Immigration," Office of Student Life, Washburn University, Topeka, Kansas, September 21 2017.

Legislative Testimony

"Creating a Presumption of Child's Equal Time with Parents during Court Determinations of Legal Custody, Residency or Parenting Time," Testimony before the Kansas House Judiciary Committee regarding HB2529, February 6, 2018.

Professional Service

Brief of Amicus Curiae, Schreiber v. McCament et al, Case Number 2:17-cv-02371-JAR-JPO, U.S. District Court for the District of Kansas (filed December 29, 2017 on behalf of the Children and Family Law Center advocating for the rights of adopted children under immigration law).

Deferred Action for Childhood Arrivals (DACA) Renewal Clinics, September 8, 15, 22, 29, 2017 (during limited service workshops, supervised clinic students in providing legal services to DACA recipients seeking renewal under the September 5, 2017 rescission of DACA protections).

James M. Concannon

Professional Service

Commissioner from Kansas at the annual meeting of the National Conference of Commissioners on Uniform State Laws, San Diego, California, July 14-20, 2017.

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

"Review of the Year 2015-2016 in Family Law: Domestic Dockets Stay Busy," 50 Family Law Quarterly 501 (2017) (co-authored with Robert G. Spector).

Books and Monographs

Family Law: Cases, Comments, and Questions. 8th ed. American Casebook Series. (co-authored with Harry D. Krause and J. Thomas Oldham) (West Academic, 2018).

Kansas Family Law: Kansas Law and Practice, Volumes 1 and 2. 2017-2018 ed. (Thomson Reuters, 2017).
» See publisher's website for further description and ordering information.

Presentations

"Ethical Dilemmas in Settling Cases with Alternative Dispute Resolution (ADR)," Dispute Resolution Outside the Box, 11th Annual Fall CLE Seminar, Topeka, Kansas, September 29, 2017.

"Ethical Considerations for Lawyers Practicing in a Cyber World," Advanced Family Law CLE, Wichita, Kansas, September 22, 2017.

"Searching for Federal Family Policy," 16th World Congress of the International Society of Family Law, Amsterdam, Netherlands, July 29, 2017.

Moderator and facilitator, "High Conflict Divorce," 16th World Congress of the International Society of Family Law, July 26, 2017.

Professional Service

Submitted written testimony and testified in opposition to HB 2529, February 6, 2018 (the bill would create a presumption of fifty/fifty residency for all children in disputed custody cases that could only be overcome by clear and convincing evidence) also submitted written testimony on SB 257 which had the same provisions.

Member, Board of Editors, Brill Research Perspectives in Family Law in a Global Society, 2017-.

Reporter, Joint Editorial Board for Uniform Family Law, 2017-2021.

Participated in the 16th World Congress of the International Society of Family Law, Amsterdam, Netherlands, July 25-29, 2017.

Michelle Ewert

Articles in Law Reviews and Other Scholarly Journals

"One Strike and You’re Out of Public Housing: How the Intersection of the War on Drugs and Federal Housing Policy Violates Due Process and Fair Housing Principles," 32 Harvard Journal on Racial & Ethnic Justice 57 (2016).

Presentations

"The Scary Truth about Housing Segregation," Business and Transactional Law Center, Washburn University School of Law, Topeka, Kansas, October 31, 2017 (with Andrea Boyack and Janet Jackson).

"Brief Service Fairs: Identifying Learning Goals and Navigating Ethical Challenges," Midwest Clinical Legal Education Conference, University of Kansas School of Law, Lawrence, Kansas, October 13, 2017 (with Gillian Chadwick).

Emily Grant

Books and Monographs

Co-editor, Experiential Education in the Law School Curriculum (with Sandra Simpson and Kelly Terry) (Carolina Academic Press, 2018).

Chapters in Books

"Experiential Learning Deliverables: Making the Most of the Experience" (with William E. Foster) in Experiential Education in the Law School Curriculum chapter 3 (Carolina Academic Press, 2018).

Presentations

"Legal Writing Concepts and Issues," Heartland Paralegal Association Annual Fall Seminar, Lenexa, Kansas, November 3, 2017.

"Cultivating Collaboration through Constructive Competition," Central States Legal Writing Conference, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, September 16, 2017 (with Pamela Keller and Joyce Rosenberg).

"Making a Great Second Impression: Resetting a Legal Writing Class after a Rough Stretch," Association of Legal Writing Directors 2017 Biennial Conference, University of Minnesota Law School, Minneapolis, Minnesota, July 19, 2017 (with Joe Fore).

Media Interviews

Quoted, "Forget 'The Paper Chase,' This Prof Wants a Warm, Fuzzy 1st Day of Law School," Law.com, August 3, 2017.

Burke W. Griggs

Presentations

"Playing the Analogy Game in Natural Resources Law: Updates from the Field," 2017 Global Land & Resources Colloquium, University of Oklahoma College of Law, Norman, Oklahoma, October 21, 2017.

Janet Thompson Jackson

Media

Host, I've Got Issues (produced by Washburn University's public broadcasting station KTWU), 2017.

Presentations

"The Scary Truth about Housing Segregation," Business and Transactional Law Center, Washburn University School of Law, Topeka, Kansas, October 31, 2017 (with Andrea Boyack and Michelle Ewert).

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for ALWD Guide to Legal Citation, 2017 Edition (co-authored with Tracy McGaugh Norton, Christine Hurt) (LexisNexis, 2017).
» See publisher's web site for further description and ordering information.

Chapters in Books

"American Legal Education: A History of Integrated Instruction," The Doctrine-Skills Divide: Legal Education’s Self-Inflicted Wound (Linda H. Edwards) (Carolina Academic Press, 2017).

Media Interviews

Quoted, "Bible Giveaways End at Kansas Elementary School After Constitutional Complaints," The Wichita Eagle, January 3, 2018.

L. Ali Khan

Legal Commentaries

"Kansas Supreme Court Fights for Public Education Funding," Jurist, October 6, 2017.

Foreign Affairs Commentaries

"Pakistan's Hyperactive Supreme Court," Jurist, February 9, 2018.

Tonya Kowalski

Essays and Other Shorter Works

"How Do We Help to Encourage and Sustain Transcendent Motivation in our Students?," Idea of the Month, Institute for Law Teaching and Learning, September 2017.

Presentations

Panelist, "Designing Legal Writing Problems Incorporating Access to Justice," 2018 Annual Meeting of the Association of American Law Schools, San Diego, California, January 6, 2018.

"Protecting Sacred Sites from Desecration under RFRA," 2017 Global Land & Resources Colloquium, University of Oklahoma College of Law, Norman, Oklahoma, October 21, 2017.

Craig Martin

Opinions/Editorials and Blog Articles (Selected)

"Japan's Definition of Armed Attack and 'Bloody Nose' Strikes Against North Korea," Just Security, February 1, 2018.

"The Omar Khadr Settlement Reaffirms Canada’s Values," Huffington Post, July 17, 2017.

Presentations

"Challenging and Refining the Unwilling or Unable Doctrine," AALS (American Association of Law Schools) Annual Conference, San Diego, California, January 3, 2018.

"Challenging and Refining the 'Unwilling or Unable' Doctrine," American Society of International Law (ASIL) Mid-Year Meeting, St. Louis, Missouri, October 28, 2017.

Keynote address, "Hate Speech Laws in Japan in Comparative Perspective," symposium at UC Hastings College of Law, San Francisco, California, September 22, 2017.

Keynote address "Change it to Save it: Why and How to Amend Article 9," Smposium entitled How to View Abe's Constitutional Amendment Proposals, Ritsumeikan University, Kyoto, Japan, August 4, 2017.

"The Legitimacy of Informal Constitutional Amendment and the 'Reinterpretation' of Japan's War Powers," I-CON Society Annual Conference, Copenhagen, Denmark, July 6, 2017.

Joseph P. Mastrosimone

Media Interviews

Quoted, "Training? Policy? Kansas Legislature’s Efforts Against Sexual Harassment ‘Inadequate’," The Kansas City Star, November 10, 2017.

Professional Service

Chair, American Association of Law Schools, Section on Labor Relations and Employment Law, January 2018 - January 2019.

Roger A. McEowen

Presentations

"The Present Tax Landscape: Implications for Individuals, Businesses, Investors, and Others CLE," Washburn University School of Law, Topeka, Kansas, January 10, 2018 (with Lori A. McMillan).

"Farm and Ranch Income Tax/Estate and Business Planning," Washburn University School of Law Seminar/Webinar, Sheridan College, Sheridan, Wyoming, July 13-14, 2017 (with Paul Neiffer).

Lori A. McMillan

Media Interviews

Guest, "US Tax Bill Update," Wharton University of Pennsylvania Business Radio on Sirius XM program, Knowledge@Wharton, December 20, 2017.

Presentations

"The Present Tax Landscape: Implications for Individuals, Businesses, Investors, and Others CLE," Washburn University School of Law, Topeka, Kansas, January 10, 2018 (with Roger A. McEowen).

David E. Pierce

Articles in Law Reviews and Other Scholarly Journals

"The Renaissance of Law in the Law of Oil and Gas: The Contract Dimension," 3 Oil and Gas, Natural Resources, and Energy Journal 515 (2017) (reprint of 42 Washburn Law Journal 909 (2004)).

"Breaking With Tradition: Exercising Professional Judgment When Drafting Oil and Gas Documents," 38 Energy & Mineral Law Institute 1 (2017).

Books and Monographs

Oil and Gas Law and Taxation. (West Academic) (2017) (with Owen L. Anderson, John S. Dzienkowski, John S. Lowe, Robert J. Peroni, and Ernest E. Smith).
» See publisher's website for further description and ordering information.

Co-editor, Oil and Gas Reporter, Volume 184 (Matthew Bender & Company, Inc., 2017) (Annual reporting on case law developments).

Presentations

"The Basics of Joint Operation," Joint Operations and the New AAPL 610-2015 Model Form Operating Agreement, Rocky Mountain Mineral Law Foundation, Denver, Colorado, December 5, 2017.

"Recent Developments in Oil and Gas Law," Kansas Bar Association and the Kansas Independent Oil and Gas Association (KBA/KIOGA) 42nd Annual Oil and Gas Conference, Wichita, Kansas, October 6, 2017.

"Is My Lease Dead? Exploring the Guts of Paying Quantities," Kansas Bar Association, Eastern Kansas Oil and Gas Law Conference, Chanute, Kansas, August 4, 2017.

Honors and Awards

Recipient of the 2017 Robert L. Gernon Award for Outstanding Service to Continuing Legal Education in Kansas, Kansas CLE Commission, 2017.

William Rich

Media Interviews

Quoted, "Sharp Division Marks Kansas Debate on Joining Campaign for U.S. Constitutional Convention," The Topeka Capital Journal, February 18, 2018.

Guest, "Education and the State Constitution," KCUR 89.3, December 18, 2017 (begins about 7:55).

Quoted, "A Look Back At 2005, When Kansas Neared Constitutional Crisis Over School Funding," KCUR 89.3, December 18, 2017 (audio begins about 3:32).

David S. Rubenstein

Media Interviews

Quoted, "House Republicans Seek to Roll Back State Laws Protecting Student Loan Borrowers," MarketWatch, December 9, 2017.

"Deferred Action for Childhood Arrivals (DACA)," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), September 14, 2017.

Frédéric G. Sourgens

Articles in Law Reviews

"Value and Judgment in Investment Treaty Arbitration," 2018 Journal of Dispute Resolution 185 (2018).

"The Privacy Principle," 42 Yale Journal of International Law 345 (2017).

Presentations

"Carbon Custom," 2017 Global Land & Resources Colloquium, University of Oklahoma College of Law, Norman, Oklahoma, October 21, 2017.

Editorial Appointments

Editor in Chief, Investment Claims (Oxford University Press), July 7, 2017.

Other Publications

"More Privacy Principle: A Reply to Asaf Lubin," Yale Journal of International Law Online (November 29, 2017).

"Preserve the Investment Protections in US Free Trade Agreements," Washington Examiner (September 2, 2017).

Conferences Planned

Co-chair, Oxford Investment Claims Summer Academy, Lady Margaret Hall, Oxford, United Kingdom, July 6-7, 2017.

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.