Washburn Law Faculty Scholarship and Activities, July 2020-June 2021

Rory Bahadur

Articles in Law Reviews and Other Scholarly Journals

"Blinded us with Science? A Reexamination of the Bar Ninja and Silver Bullet Bar Program Cryptids," 49 Journal of Law & Education 241 (2020).

Books and Monographs

Civil Procedure: An Active Learning Approach, (West Academic Publishing, 2021).

Presentations

Presenter, "Drafting and Grading Exams and Providing Meaningful Feedback," Association of American Law Schools (AALS), Faculty Focus National Webinar Series, April 6, 2021.

Invited Presenter, "Increasing Engagement in Law School Classrooms by Implementing Active Learning," Brigham Young University, J. Reuben Clark Law School, March, 2021.

"An Active Learning Approach to Teaching Civil Procedure," West Academic, February 24, 2021 (live webinar).

Andrea J. Boyack

Other Publications

"Mind Housing Cost Gap Between Tenant, Landlord," The Topeka Capital-Journal (December 10, 2020).

"Abuse of Contract and the July 2020 Bar Exam," NULR Of Note (July 15, 2020).

Presentations

"Bankruptcy as a Social Safety Net: Policy Considerations in a Time of Pandemic," American Bankruptcy Institute's, Annual Midwestern Conference ("Insolvency 2020"), University of Missouri-Kansas City, October 29, 2020 (with Professor Brook Gotberg, University of Missouri-Kansas City).

"Implicit Bias in Bankruptcy Law & Practice," Teach-In on Racial Justice and the Law, Boston University School of Law virtual event, September 9, 2020.

Gillian Chadwick

Media Engagement

Guest, Sexual Assault in the LGBTQ Community, KC CARE Health Center's Unboxed web series on Sexual Assault, April 7 and April 14, 2021.

Interviewed, "Groups Trying to Stop Execution of Lisa Montgomery, Who Killed Skidmore Woman, Cut Baby from Womb," Fox4 News, November 11, 2020.

Presentations

"Immigration Remedies for Survivors of Human Trafficking & Similar Crimes," International Rescue Committee, Anti-Trafficking Program, Wichita, Kansas, January 27, 2021 (virtual event).

Litigation (Selected)

Testified in the Kansas Senate Judiciary Committee for the Kansas Judicial Council in support of SB 123, February 11, 2021 (regarding the termination of parental rights when a child is conceived by sexual assault).

James M. Concannon

Chapters in Books

"Evidence," Kansas Annual Survey (Kansas Bar Association, 2020).Cited in:

  • State v. Brazzle (The Kansas Supreme Court, ___ Kan. ___, 466 P.3d 1195 (July, 2020)).
  • State v. Satchell (The Kansas Supreme Court, 311 Kan. ___, 466 P.3d 459 (June, 2020)).

Professional Service

Chair, Uniform Law Commission Style Committee meetings, April 30-May 3, June 5, July 2, July 8, and August 20, 2020.

Represented Kansas at the annual meeting of the Uniform Law Commission, conducted on Zoom, July 10-15, 2020 (was Style Committee Liaison for the Uniform Public Participation Protection Act, which was approved at the annual meeting).

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

"Review of the Year 2018-2019 in Family Law: Jurisdiction and Choice of Law Issues Abound," 53 Family Law Quarterly 265 (Winter 2020) (co-authored with Robert G. Spector).

Books and Monographs

Kansas Family Law: Kansas Law and Practice, Volumes 1 and 2. 2021 edition (Thomson Reuters, 2021).

Presentations

"Mediation Confidentiality: Reality and Dangers," 14th Annual Fall CLE/CDRE live webinar, Dispute Resolution Through a 2020 Lens sponsored by Associates in Dispute Resolution LLC, Topeka, Kansas, October 9, 2020.

Professional Service

As Reporter for the Uniform Law Commission Joint Editorial Board on Uniform Family Law, attended the Board meeting and made a presentation of the 54 cases decided in 2020-21 to date on the Uniform Child Custody Jurisdiction and Enforcement Act, the Uniform Interstate Family Support Act and the Uniform Parentage Act, March 19, 2021 (zoom meeting).

As reporter of the Uniform Law Committee on Uniform Family Laws, presented a proposal to the Uniform Law Commission Scope and Program Committee to establish a study committee for a Uniform Act on Children's Participation in Private Custody Proceedings on January 11, 2021 (with Barbara Atwood, Chair).

As Past Chair of the Section, the Editor Emeritus of the Family Law Quarterly, attended the council meeting at the Virtual Fall CLE Conference of the American Bar Association Family Law Section, October 20, 2020. She also attended several CLE presentations and social events via zoom.

Attended the meeting of the Family Law Quarterly Editorial Board as Editor Emeritus, July 15, 2020 and October 19, 2020 (virtual).

Attended the meeting of the Uniform Law Commission's Joint Editorial Board for Uniform Family Law, October 16, 2020 (virtual).

Michelle Ewert

Other Publications

"Clinic in the Time of Coronavirus," 89:7 Journal of the Kansas Bar Association 44 (September/October 2020).

Presentations

Co-Presenter, "The Federal Government's Role in Furthering Affordable Rental Housing: Support and Retrenchment," American Bar Association (ABA) Professors' Corner webinar, sponsored by the Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law, September 8, 2020.

Professional Service

Member, Board of Directors, Kansas City LEsbian, Gay, and Allied Lawyers (KC LEGAL), 2021-.

Emily Grant

Books and Monographs

Co-Author, Assessment of Teaching and Learning: A Comprehensive Guidebook for Law Schools (Carolina Academic Press, 2021) (with Gerald Hess, Kelly Terry, and Sandra Simpson).

Other Publications

"What I Learned About Teaching Online After a Summer of Virtual Conferences, Classes, And Meeting," TaxProf Blog (August 11, 2020).

Burke W. Griggs

Books and Monographs

Water Resource Management: A Casebook in Law and Public Policy, 8th ed. (co-authored with Reed D. Benson and A. Dan Tarlock) (Foundation Press, 2020).

Other Publications

Farmers are Depleting the Ogallala Aquifer Because the Government Pays Them to Do It," The Conversation, November 9, 2020 (co-authored).

Presentations

"Water Justice in Indian Country," Teach-In on Racial Justice and the Law, Boston University School of Law virtual event, September 8, 2020.

"Effective Property: Integrating Hydrogeological Science into American Groundwater Law," American Geophysical Union Chapman Conference, Quest for Sustainability of Heavily Stressed Aquifers at Regional to Global Scales, Valencia, Spain, October 22, 2019.

Media Engagement

Quoted, "How The Search For Water Is Pitting Farmers Against Cities In Western Kansas," KMUW, February 8, 2021. Reprinted by: Rural Messenger, February 9, 2021; Flatland, February 8, 2021; Lawrence Journal-World, February 8, 2021.

Legislative Testimony

"An Overview of Kansas Water Law," Kansas House Water Committee, January 26, 2021.

Marsha Griggs

Articles in Law Reviews and Other Scholarly Journals

"An Epic Fail," 64 Howard Law Journal 1 (2020).

Other Publications

"It’s Time to Re-Set the Bar for Online Proctoring," Bloomberg Law, March 24, 2021 (with David Rubenstein).

Law School Academic Support Blog (contributing editor, 2019-2020)

"Clinical Education—A Safe and Sure Pathway to Law Licensure," Bloomberg Law (July 8, 2020) (co-authored).

Media Engagement

Quoted, "Bar Exams May Soon Be Easier to Pass, as States Eye Changes," Bloomberg Law, March 29, 2021.

Quoted, "NCBE Unveils Online Bar Exam Option for July 2021," Law.com, February 3, 2021.

Quoted, "'A Dream Come True Instead of a Nightmare': Will the Bar Exam Revamp Go Far Enough?," Law.com, January 12, 2021.

Presentations

Moderator, "Can You See Me? Inclusive Practices for Entry into the Legal Profession," Society of American Law Teachers (SALT), Social Justice in Action Webinar Series, March 26, 2021.

Panelist, Paths to Licensure, Law & Leadership Conference, Brigham Young University (BYU) J. Reuben Clark Law School, January 29, 2021.

Panelist, "The Future of Legal Education," Twitter Chat hosted by Law.com, December 8, 2020.

Featured Panelist, "African-Americans and the Bar Exam: Advice on Overcoming the Obstacles of the Final Rite of Passage to Becoming a Lawyer," The 16th Annual National Black Pre-Law Conference and Law Fair - Virtual Experience, November 15, 2020.

Keynote Address, "Then, Now, Next: Where Does ASP Go from Here?" 9th Annual Conference of the West Coast Consortium of Academic Support Professionals, October 16, 2020.

"Impact of COVID-19 on Recent Law School Graduates and Rising 3Ls," sponsored by American Bar Association Council for Diversity in the Educational Pipeline, Law Student Division and Young Lawyers Division, webinar, July 16, 2020.

Professional Service

Executive Board member, Society of American Law Teachers (SALT), January 2021-.

Treasurer, Section of Academic Support, Association of American Law Schools (AALS), 2021 - 2022.

Board member, Court Appointed Special Advocates (CASA) of Douglas County, January 2021-.

Janet Thompson Jackson

Other Publications

"Legal Education Needs a Wellness Reckoning," Bloomberg Law, April 7, 2021.

Media Engagement

Interviewed, "We Are the Ones Who Bend the Arc of History – A look at Racism, Theology and Liberal Christians in the United States and the Netherlands," January 2021 (Dutch publication, Tussen Ruimte on article written by Nienke Pruiksma) (with Paul Rasor and Patrick Jackson).

Guest, "Taking Care of You," I've Got Issues (produced by Washburn University's public broadcasting station KTWU), December 15, 2020.

Presentations

Presenter, "Wellness for Legal Aid Lawyers and Staff," Chicago Legal Aid / Illinois Legal Aid, online, February 9 & 12, 2021.

Co-presenter, Board of Regents Governance Training for Harris-Stowe State University, Lassiter & Associates, February 2-3, 2021.

Presenter, "Understanding & Healing Racial Trauma Through Radical Self-Care," Kansas Legal Assistance Program & Topeka Attorneys of Color, October 30, 2020.

Co-presenter, "Healthy Minds for Students," Washburn Law School Lunch & Learn, October 6 & 8, 2020 (with Danielle Hall, Executive Director of Kansas Lawyers Assistance Program (KALAP)).

Co-presenter, "Third Year Anywhere," Wichita Bar Association Professional Diversity Committee CLE, July 31, 2020 (with Shawn Leisinger).

Co-presenter, "Dear Colleagues, Do You Hear Us?: Addressing Racism Within our Institutions," Association of American Law Schools Clinical Section and Clinical Legal Education Association (AALS/CLEA) virtual conference, July 21, 2020.

Presenter, "Wellness for Law Students," Loyola University Chicago School of Law Externships Program, July 7, 2020.

Professional Service

Featured Wellness Coach in "Live Well Dream Big: The Ultimate Guide to Becoming Your Best Self and Living Life on Your Own Terms," 2020 (by Suzanne Monroe, Founder, International Association of Wellness Professionals).

Jeffrey D. Jackson

Media Engagement

Interviewed, "Can You be Required to Show Proof of COVID-19 Vaccination?," WIBW-TV, April 7, 2021.

Quoted, "COVID Lawsuits Filed Across Country, Including Kansas," WIBW-TV, December 15, 2020.

Presentations

"Supreme Court Highlights 2019-2020," Constitution Day 2020, Washburn University School of Law, Topeka, Kansas, September 17, 2020 (virtual program).

Patricia L. Judd

Presentations

Panelist "Honoring the Life and Legacy of Justice Ruth Bader Ginsburg," Washburn University School of Law virtual program, Topeka, Kansas, October 12, 2020 (speaking on Justice Ginsburg's role in major affirmative action cases, including Fisher v. University of Texas at Austin, appears at 29:35).

Blake A. Klinkner

Other Publications

"The Devil in the Details: Privacy Policies of Cell Phone Providers and Popular Apps'," 44:2 Wyoming Lawyer 26 (April 2021).

"Best Tips for Healthy & Happy Videoconferencing'," 44:1 Wyoming Lawyer 60 (February 2021).

"Social Media, Jury Trials and the Threat to the Rule of Law'," 44:1 Wyoming Lawyer 42 (February 2021).

"Don't Allow Yourself to Become a Victim of 'Vishing'," 43:5 Wyoming Lawyer 58 (October 2020).

Craig Martin

Podcasts

Host and Director of: JIB/JAB - The Laws of War Podcast, interviews with experts from around the world on issues of jus ad bellum, jus in bello, human rights law, and constitutional war powers.

Opinions/Editorials and Blog Articles

"Geoengineering and the Use of Force," Opinio Juris, January 20, 2021.

"Climate Wars and Jus ad Bellum," Parts I & II, Opinio Juris, August 13, 2020.

"Canada's Not Back Yet: Debating Canada's Place in the World," A Blog Called Intrepid, July 27, 2020.

Professional Service

Standing Review Board member, Humanities and Social Sciences Panel of the Research Grants Council of Hong Kong, China, 2021-2023.

Roger A. McEowen

Presentations

"Financial Statements Produced for Public Review; Office Practices; Managing Potential Conflicts of Interest," Tax Law Practice Ethics CLE," Washburn University School of Law, in conjunction with Kansas State University's 2020 72nd Annual Kansas Income Tax Institute, December 11, 2020.

Lori A. McMillan

Chapters in Books

"The Carbon Taxation Conundrum" in Decarbonization and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (Tade Oyewunmi et al. eds.) (with Frédéric Sourgens) (Hart Publishing, 2020)

Presentations

"Advertising, Procedures and Unauthorized Disclosures; Processing and Storing Client Data in the Cloud; Ethical Issues and the Coronavirus Stimulus Acts," Tax Law Practice Ethics CLE," Washburn University School of Law, in conjunction with Kansas State University's 2020 72nd Annual Kansas Income Tax Institute, December 11, 2020.

Carla Pratt

Other Publications

"Is the Legal Profession Finally Ready for the Institutional Change Necessary to Yield Greater Diversity?," 89:6 The Journal of the Kansas Bar Association 19 (July/August 2020).

Media Engagement

Panelist, "Supreme Court Special Edition," Lawyer's Den, IBM.TV, October 12, 2020.

Presentations

Panelist, "Law Deans Antiracist Clearinghouse Project," The 16th Annual National Black Pre-Law Conference and Law Fair - Virtual Experience, November 14, 2020.

Co-Presenter, "Racialized Trauma and Fatigue Among Academic Activists," Social Justice in Action, A Virtual Series Sponsored by The Society of American Law Teachers (SALT), September 18, 2020.

"Black Lawyers Matter," Teach-In on Racial Justice and the Law, Boston University School of Law virtual event, September 8, 2020.

David S. Rubenstein

Articles in Law Reviews and Other Scholarly Journals

"Supremacy, Inc.," 67 UCLA Law Review 1130 (2020)

"State Regulation of Federal Contractors: Three Puzzles of Procurement Preemption," 11 UC Irvine Law Review 207 (2020) (symposium).

Other Publications

"Symposium Introduction: The President and Immigration Law," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (March 25, 2021) (with Jill Family).

"It’s Time to Re-Set the Bar for Online Proctoring," Bloomberg Law, March 24, 2021 (with Marsha Griggs).

"Immigration Enforcement Under the Biden Administration: Testing, Testing," Lawfare (February 10, 2021).

"Then and Now," 46:2 Administrative & Regulatory Law News (Winter 2021).

"The Outsourcing of Algorithmic Governance," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (January 19, 2021).

"The Market Is Demanding Ethical AI," Barron's (December 29, 2020).

"Federal Procurement of Artificial Intelligence: Perils and Possibilities," The Great Democracy Initiative, (Roosevelt Institute) (December 2020).

"Acquiring Ethical Algorithmic Governance," Washburn Law Journal Blog (November 16, 2020).

Media Engagement

Featured Guest, "Texas vs. United States: Who Will Win this Battle of Immigration and Federalism?," Legal Talk Network, March 12, 2021.

Interviewed for a special edition covering the Trump administration’s International Student Visa policies and the Harvard/MIT lawsuit, IBM.TV, July 22, 2020 (Startup's Wednesday program, appears at 2:00:45).

Presentations

"Acquiring Ethical AI," Faculty Workshop, Drake University Law School, Des Moines, Iowa, February 4, 2021 (virtual event).

Panelist, "What Rights for Refugee Claimants?," Washburn University School of Law, November 13, 2020.

"Acquiring Ethical AI," Washburn Law Symposium 2020, Artificial Rights?, Washburn University School of Law, November 5, 2020.

Panelist, "Racism as an Ethical Barrier to the Administration of Justice," Federal Bar Association, Civil Rights Section, CLE program, October 15, 2020 (speaking about governmental uses of artificial intelligence in the criminal justice system and beyond).

Panelist "Honoring the Life and Legacy of Justice Ruth Bader Ginsburg," Washburn University School of Law virtual program, Topeka, Kansas, October 12, 2020 (speaking on Justice Ginsburg’s dissent in Ledbetter v. Goodyear Tire & Rubber Co., Inc. (2007), appears at 39:30).

Professional Service

Co-organizer, "Book Symposium: Adam Cox & Cristina Rodriguez, The President and Immigration Law," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (March - April, 2021) (with Jill Family).

Honors and Awards

Recipient, American Bar Association Administrative Law Section Volunteer of the Year Award for years of service as Editor-in-Chief of Administrative & Regulatory Law News, 2020.

Thomas Sneed

Articles in Law Reviews and Other Scholarly Journals

"The Effect of COVID-19 on Law Libraries: Are These Changes Temporary or a Sign of the Future?," 60 Washburn Law Journal 107 (2020).

"Leadership and Librarians: A New Pedagogical Direction," 89 UMKC Law Review 89 (2020).

Frédéric G. Sourgens

Articles in Law Reviews and Other Scholarly Journals

"Geo-Markets," 38 Virginia Environmental Law Journal 58 (2020).

Books and Monographs

Decarbonization and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (edited with Tade Oyewunmi, Penelope Crossley, and Kim Talus) (Hart Publishing, 2020).

International Petroleum Law and Transactions (with Owen L. Anderson, Jacqueline L. Weaver, John S. Dzienkowski, John S. Lowe, Keith B. Hall) (Rocky Mountain Mineral Law Foundation, 2020).

Experiencing International Arbitration: Resolving Cross-Border Disputes (with Michael D. Nolan) (West Academic, 2020).

Chapters in Books

"The Carbon Taxation Conundrum" in Decarbonization and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (Tade Oyewunmi et al. eds.) (with Lori McMillan) (Hart Publishing, 2020)

"Investment Law and Decarbonization" in Decarbonization and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (Tade Oyewunmi et al. eds.) (with Diane Desierto) (Hart Publishing, 2020).

"Global Governance Networks for Climate Change and Energy Investments" in Decarbonization and the Energy Industry: Law, Policy and Regulation in Low-Carbon Energy Markets (Tade Oyewunmi et al. eds.) (Hart Publishing, 2020).

Presentations

Panelist, "Hot Topics: The Impact of the U.S. Election on International Law," 99th Annual Meeting of the American Branch of the International Law Association, International Law Weekend, International Law in Challenging Times, October 24, 2020 (virtual event).

Discussant/ Moderator, "Dispute Resolution and Arbitration," American Society of International Law (ASIL) Midyear Meeting Research Forum, hosted by Case Western Reserve University School of Law, Cleveland, Ohio, October 29, 2020 (virtual event).

Media Engagement

Quoted, "Keystone XL Could Tarnish US' Perfect Arbitration Record," Law360, February 11, 2021.

Professional Service

Member, Executive Council, American Society of International Law (ASIL), 2021.

Selected for Who's Who Legal 2021 - International Arbitration Future Leaders.

Amy Deen Westbrook

Other Publications

"What to Do About Poor Corporate Governance at Unicorns," The Columbia Law School Blue Sky Blog, January 18, 2021.

Media Engagement

Quoted, "Trump's Tiktok Saga May Be a Sign of What's to Come, as Governments Around The World Start to Pay Closer Attention to Who’s Controlling the Data and Technology Used By Their Citizens," Business Insider, September 18, 2020.

Quoted, "Nvidia's $40 Billion Purchase of Arm Could Well Bring the Chip Designer Under US Trade Restrictions but That Won’t Necessarily Undermine Its Business," Business Insider, September 15, 2020.

Interviewed, "Amy Deen Westbrook on Cash Bounties and FCPA Enforcement," Corporate Crime Reporter, September 3, 2020. Print edition, 34 Corporate Crime Reporter 31(13)), August 3, 2020.

Quoted, "Trump's Attack on TikTok Is Setting Off Alarm Bells in Silicon Valley," Business Insider, August 17, 2020.

Quoted, "'A Strange Power': The Secretive Presidential Committee that Could Kneecap TikTok," Fortune, August 7, 2020.


http://washburnlaw.edu/facultyscholarship

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.