Washburn Law Faculty Scholarship and Activities, July 2021-June 2022

Rory Bahadur

Articles in Law Reviews and Other Scholarly Journals

"Directed Questions: A Non-Socratic Dialogue about Non-Socratic Teaching," 99 University of Detroit Mercy Law Review 1 (2021) (with Kris Franklin).

"Quantifying the Impact of Matriculant Credentials & Academic Attrition Rates on Bar Exam Success at Individual Schools," 99 Detroit Mercy Law Review Online 6 (2021) (with Kevin Ruth).

"Socratic Teaching and Learning Styles: Exposing the Pervasiveness of Implicit Bias and White Privilege in Legal Pedagogy," 18 Hastings Race & Poverty Law Journal 114 (2021) (with Liyun Zhang).

Andrea J. Boyack

Other Publications

"Honor Among Thieves: US Property Law, Conquest, and Slavery," Jotwell (November 2021). Review of: "The History Wars and Property Law: Conquest and Slavery as Foundational to the Field," 131 Yale Law Journal (forthcoming 2021).

"Housing Integration: Moving Forward (Without Stepping Back)," Jotwell (February 10, 2021). Review of: "The Pieces of Housing Integration," 70 Case Western Reserve Law Review 717 (2020).

"We Need to Keep People Housed While Also Getting Landlords Paid. ERA Funds Need to Be Distributed," The Topeka Capital-Journal (August 27, 2021).

Presentations

Moderator, "Homeownership: The Fable of the Foundation," The American Dream: Reality or Myth?, hosted by Washburn Law Robert J. Dole Center for Law and Government in partnership with the Washburn Law Journal, Washburn University School of Law, Topeka, Kansas, November 4, 2021 (zoom).

Presenter, "Housing as a Public Good," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 24, 2021 (Zoom).

Professional Service

As President of the Central States Law Schools Association (CSLSA), organized and administered the CSLSA Annual Scholarship Conference, Washburn University School of Law, September 24-26, 2021.

Gillian Chadwick

Other Publications

"Race, Disability and Coercive Control: One More Look at the Gabby Petito Case," Ms. Magazine, September 29, 2021.

"An Ode to Readable Emails," 90:5 Journal of the Kansas Bar Association 21 (September/October 2021).

Honors and Awards

Recipient, Annual Women of Excellence award, YWCA of Northeast Kansas, 2021 (Washburn Law Clinic contribution to the community).

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

"Review of the Year 2019-2020 in Family Law: COVID-19, Zoom, and Family Law in a Pandemic," 54 Family Law Quarterly 281 (2021).

Chapters in Books

"Child Participation in Custody Proceedings in the United States" in International Handbook on Child Participation (Wendy Schrama, Marilyn Freeman, Nicola Taylor, Marielle Bruning, eds.) (Intersentia, Cambridge UK, 2021).

Presentations

"Uniform Child Abduction Prevention Act (UCAPA): Should New York Enact?," International Section of the New York Bar Association, November 4, 2021 (webinar).

"The UN Convention on the Rights of the Child and Hearing the Voice of the Child," Brown Bag Luncheon, Washburn University, Topeka, Kansas, October 20, 2021.

"Full Faith and Credit for ART and Parentage Orders," American Bar Association Family Law Section Fall Meeting, plenary session entitled *ART* Full Faith and Credit: Makes No Difference Where You Are...or Does it?, Orlando, Florida, October 9, 2021.

Professional Service

Reappointed to the Department of State's Advisory Committee on Private International Law (ACPIL), 2022-2023.

As Reporter for the Joint Editorial Board on Uniform Family Laws, made a presentation to the Uniform Law Commission Scope Committee about establishing a drafting committee to work on hearing the child's voice in family court proceedings, November 3, 2021.

As Family Law Quarterly Editor Emeritus, participated in the FLQ Board of Editors meeting, American Bar Association Family Law Section Fall meeting, Orlando, Florida, October 8, 2021.

As past chair of the American Bar Association Family Law Section in 2000-2001, recorded a "video history" of her remembrances of her time, October, 2021.

Attended the Family Law Council meeting of the American Bar Association Family Law Section, ABA Family Law Section Fall meeting, Orlando, Florida, October 7, 2021.

Attended a two hour webinar on an international perspective on the voice of the child in family law proceedings, July 22, 2021 (It discussed how the voice of the child is heard in child arrangements/custody orders, abduction proceedings and mediation).

Honors and Awards

Distinguished Service Award, Kansas Bar Association, October 21, 2021.

Michelle Ewert

Presentations

Presenter, "Facial Recognition Technology in Subsidized Housing," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 24, 2021 (Zoom).

Presenter, "Housing Policy and Racial Equity," Governor's Commission on Racial Equity and Justice, Topeka, Kansas, July 29, 2021 (Zoom).

Professional Service

Member, Ad Hoc Committee on Best Practices for Eviction Proceedings, Kansas Supreme Court, 2021-.

John J. Francis

Media Engagement

Quoted, "Kansas Criminal Justice Commission Reviews Cost-Effective Recommendations for State Lawmakers," Kansas Reflector (September 21, 2021).

Burke W. Griggs

Articles in Law Reviews and Other Scholarly Journals

"Reaching Consensus About Conservation: High Plains Lessons for California’s Sustainable Groundwater Management Act," 52 University of the Pacific Law Review 495 (2021).

Presentations

Panalist, Discussed the Legal History of the Colorado River Compact, Tick Segerblom's Virtual Water Conference, Dam the Status Quo, Las Vegas, Nevada, December 13, 2021.

"The Opportunity for a 'Second Founding' of American Water Law," American Geophysical Union's Fall Conference, New Orleans, Louisiana, December 13, 2021 (invited speaker).

Media Engagement

Quoted, Supreme Court of the United States oral argument (mentioned at 33:05), Mississippi v. Tennessee, Brief of Amici curiae Law Professors in support of DefenDants, October 4, 2021 (a case concerning a conflict over an interstate aquifer, Justice Sotomayor mentioned the amicus brief submitted by Burke Griggs and other law professors).

Marsha Griggs

Presentations

Moderator, "Equal Opportunity: Fiction or Reality?," The American Dream: Reality or Myth?, hosted by Washburn Law Robert J. Dole Center for Law and Government in partnership with the Washburn Law Journal, Washburn University School of Law, Topeka, Kansas, November 4, 2021 (zoom).

Media Engagement

Quoted, "Arizona Law Grad Who Failed Bar Seeks License, Cites Faulty Test," Bloomberg Law, November 5, 2021.

Quoted, "Following Repeat Problems with Remote Bar Exam, California Releases Investigation Findings," ABA Journal, September 28, 2021.

Quoted, "Technical Problems Again Plague Remote Bar Examinees, Who Blame Software Provider," ABA Journal, August 5, 2021.

Quoted, "Plaintiffs Firm Weighs Class Case Over Bar Exam Tech Issues (2)," Bloomberg Law, August 2, 2021.

Quoted, "'Devastating' Anxiety as Remote Bar Exam Tech Crashes Again," Bloomberg Law, July 30, 2021.

Janet Thompson Jackson

Media Engagement

Guest, "Elevating Wellness in the Black Community," International Association of Wellness Professionals, Live Well Dream Big Podcast, July 26, 2021.

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for ALWD Guide to Legal Citation, 2021 Edition (LexisNexis, 2021).

Media Engagement

Quoted, "Washburn Law Professor Breaks Down Why Employers Can Mandate Vaccine," KSNT News, August 23, 2021.

Presentations

"The Constitution and the Pandemic," Constitution Day 2021, Washburn University School of Law, Topeka, Kansas, September 17, 2021.

Blake A. Klinkner

Other Publications

"Avoid These "Bad Practices" to Help Minimize Organizational Risk for Data Breaches, Unauthorized Access and Cyberattacks," 44:5 Wyoming Lawyer 54 (October 2021).

Presentations

Presenter, "Is Discovery Becoming More Proportional? A Quantitative Assessment of Discovery Orders Following the 2015 Proportionality Amendment to Federal Rule of Civil Procedure 26," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 26, 2021 (Zoom).

Shawn Leisinger

Presentations

"Ethically Negotiating End of Life and Estate Issues," Farm and Ranch Income Tax/Estate and Business Planning Seminar, Washburn University School of Law CLE, Missoula, Montana, August 3, 2021.

Craig Martin

Articles in Law Reviews and Other Scholarly Journals

"Economic Sanctions Under International Law: A Guide for Canadian Policy," Rideau Institute and the Human Rights Research and Education Centre, University of Ottawa: Research Report (2021).

Presentations

"The International Law Restraints Relating to Cyber-Security," Canadian Pugwash Group Policy Conference on International Cyber-Security-Threats and Opportunities for Canada, October 19, 2021 (virtual).

Joseph P. Mastrosimone

Media Engagement

Quoted, "Striking Aviary Cafe Workers Say They Were Fired; Management Says They 'Self-Terminated," Springfield News-Leader, August 5, 2021.

Roger A. McEowen

Presentations

Presenter, Ag Law Summit: Law, Tax and Regulation in Rural America, Washburn University School of Law program, Ashland, Nebraska, September 3, 2021.

Presenter, Farm and Ranch Income Tax/Estate and Business Planning Seminar, Washburn University School of Law program, Missoula, Montana, August 2-3, 2021.

Carla Pratt

Presentations

Panelist, "Women of Color in the Legal Profession: Realism, Resistance and Well-being," American Bar Association Young Lawyers Division Women of Color Task Force, October 20, 2021 (virtual).

Moderator, "Best Practices in Lawyer Retention and Career Development," Black Lawyers Matter Conference, October 15, 2021 (virtual).

Honors and Awards

Co-recipient, M. Shanara Gilbert Human Rights Award awarded to the Law Deans Antiracist Clearinghouse Project by the Society of American Law Teachers (SALT), January 7, 2022.

Recipient, Education Award, Seventh Annual Women of Influence Awards, hosted by GO Topeka and the Women’s Initiative Committee, October 28, 2021.

David S. Rubenstein

Articles in Law Reviews

"Acquiring Ethical AI," 73 Florida Law Review 747 (2021).

Presentations

Panelist, "Detention Systems at the Intersection of Administrative, Immigration, and Constitutional Law," Administrative Law Review, co-sponsored by the American Bar Association Section of Administrative Law & Regulatory Practice, October 29, 2021 (virtual symposium).

Panelist, "Artificial Intelligence, Machine Learning, and Algorithms: Studies in Law, Economics, and Racial Bias," Meeting of the American College of Business Court Judges, sponsored by George Mason Law & Economics Center, October 28, 2021.

Panelist, Preemption and Intergovernmental Immunity, American Constitutional Society (ACS), State Attorneys General Project, September 10, 2021.

Media Engagement

Quoted, "Do AI-Powered Lending Algorithms Silently Discriminate? This Initiative Aims to Find Out," MarketWatch, November 18, 2021.

Quoted, Federal Vaccine Mandates, Kansas Public Radio, November 5, 2021.

Quoted, "Kansas Lawmakers Are Looking for Ways to Block Federal Vaccine Mandates but Republican-Led Lawsuits Could Prove More Effective," Kansas News Service - KCUR, November 3, 2021.

Quoted, "Biden Administration Clears the Way for Tighter Oversight of Student-Loan Companies," MarketWatch, August 14, 2021.

Frédéric G. Sourgens

Articles in Law Reviews and Other Scholarly Journals

"Cancelling Schmitt," 32 European Journal of International Law 729 (2021).

"Cyber-Nuisance," 42 University of Pennsylvania Journal of International Law 1005 (2021).

"Curious Unilateralism," 13 Federal Courts Law Review 113 (2021).

Other Publications

"Second Generation Development-Based Net-Zero Pledges as the vehicle to achieve Paris-Goals - The Vienna Briefs on Decarbonization, Energy & Development," Brief 2 (2021) (with Leonardo Sempertegui, Teddy Baldwin, Gabrielle K. Frawley & Heather Kellum).

"The Vienna Briefs on Decarbonization, Energy & Development – An Introduction," Brief 1 (2021) (with Leonardo Sempertegui).

Presentations

Presenter, Juliana, San Mateo and Beyond, Climate Litigation in the US, 3rd Annual OPEC-OPEC-Fund-Energy Charter Secretariat Legal Workshop, Vienna, Austria, October 18, 2021 (virtual).

Moderator, "The Importance of the State-Owned and Private Oil Sector for Successfully Implementing the Energy Transition," 67th Annual Rocky Mountain Mineral Law Institute, July 19, 2021 (virtual).

Amy Deen Westbrook

Presentations

Presenter, "A Safe Harbor for Ransomware Payments: Protecting Stakeholders, Hardening Targets, and Defending National Security ," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 26, 2021 (Zoom).

Media Engagement

Quoted, "Family Business Deals Help Fuel Carvana’s Explosive Growth," (requires account) The Wall Street Journal, December 17, 2021.

Panel on Unicorns to present article, "We['re] Working on Corporate Governance: Stakeholder Vulnerability in Unicorn Companies," 23 University of Pennsylvania Journal of Business Law 505 (2021), Business Scholarship Podcast, November 4, 2021.

Quoted, "Theranos Founder Elizabeth Holmes’s Trial: Prosecutors Must Show Intent," (requires account) The Wall Street Journal, September 7, 2021.


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.