Law in the Post-truth Era (2018)

Washburn Law's Robert J. Dole Center for Law and Government in partnership with the Washburn Law Journal and the Center for Excellence in Advocacy are pleased to host "Law in the Post-Truth Era."

The symposium will be held Wednesday, November 7, 2018, at the Bradbury Thompson Alumni Center on the Washburn University campus. Free parking is available South and West of Bradbury Thompson.

The symposium will address the proliferation of terms like "fake news" and "alternative facts" and how they will shape the legal community for years to come. It will feature a keynote speaker, a lunchtime speaker, and two panel discussions comprised of nationally recognized experts in the field:

• What is Post-Truth and Why Are We in the Post-Truth Era?
• The Pursuit of Truth: Trials and Jury Practice in the Post-Truth Era
• Oil and Gas Law in the Era of Alternative Facts
• Legal Reasoning in the Age of Alternative Facts

Watch all videos or view individual presentations below.

Symposium Schedule

Wednesday, November 7, 2018

9:00 a.m. – Registration

9:20 a.m. – Welcome

• Carla D. Pratt, Dean and Professor of Law, Washburn University School of Law
• Jeremy E. Koehler, Editor-in-Chief, Washburn Law Journal

9:30 a.m. – Keynote Address: What is Post-Truth and Why Are We in the Post-Truth Era?

Post-truth, named the 2016 Word of the Year by Oxford Dictionaries, is defined as "circumstances in which objective facts are less influential in shaping public opinion than emotional appeals." Whether this is a new phenomenon or a new term for an age-old issue, it affects how lawyers approach litigation, larger policy discussions, and education of law students.

• Introduction: Eric V. Turner, Associate, Foulston Siefkin LLP [ Bio ]

• S.I. Strong, Manley O. Hudson Professor of Law, University of Missouri School of Law [ Bio ]

10:15 a.m. – Break

10:30 a.m. – Panel 1: The Pursuit of Truth: Trials and Jury Practice in the Post-Truth Era

Richard Harpootlian and Christopher Kenney's 2017 article, "Jury Practice in Post-Truth America: A Cautionary Note" described jurors that "harbor an aversion to evidence-based reasoning." This panel will discuss the accuracy of this assertion and provide guidance to attorneys litigating in a post-truth era.

• John Campbell, Associate Professor of the Practice, University of Denver Sturm College of Law [ Bio ]
• Colin McRoberts, Attorney, Vasher McRoberts LLC (Lawrence, Kansas) [ Bio ]
• Cara Cunningham Warren, Associate Professor of Law, University of Detroit Mercy School of Law [ Bio ]
• Moderator: Jeffrey D. Jackson, Professor of Law and Director of the Center for Excellence in Advocacy, Washburn University School of Law [ Bio ]

12:00 p.m. – Box Lunch (provided to registrants)

12:15 p.m. – Keynote Lunch Speaker: Oil and Gas Law in the Era of Alternative Facts

Does fracking cause earthquakes? Are pipelines the safest way to transport oil? Debate and litigation between environmental lobbyists and oil companies consists of two sides operating from two separate sets of facts. How can judges, academics, students, and the public distinguish facts from alternative facts in this field?

• Introduction: David E. Pierce, Norman R. Pozez Chair in Business and Transactional Law and Professor of Law, Washburn University School of Law [ Bio ]

• Speaker: Monika U. Ehrman, Associate Professor of Law and Faculty Director, Oil & Gas, Natural Resources, and Energy Center, University of Oklahoma College of Law [ Bio ]

1:00 p.m. – Break

1:15 p.m. – Panel 2: Legal Reasoning in the Age of Alternative Facts

Great legal analysis requires a combination of law, policy, and facts—whether in law review articles, 1L briefs, or Supreme Court opinions. This panel will examine how legal reasoning and analysis changes when readers and writers cannot agree on the facts or even the method for “proving” facts.

• Joy Kanwar, Assistant Professor of Legal Writing, Brooklyn Law School [ Bio ]
• Anne E. Mullins, Associate Professor of Law, Stetson University College of Law [ Bio ]
• Teri McMurtry-Chubb, Professor of Law, Mercer University School of Law [ Bio ]
• Cathren Koehlert-Page, Associate Professor of Law, Barry University Dwayne O. Andreas School of Law [ Bio ]
• Moderator: Tonya Kowalski, Professor of Law and Co-Director of the International and Comparative Law Center, Washburn University School of Law [ Bio ]

2:45 p.m. – Acknowledgments

3:00 p.m. – Adjourn

Short URL for this page:
https://washburnlaw.edu/posttruth