Washburn Law Faculty Scholarship and Activities, July 2018-June 2019

Rory Bahadur

Books and Monographs

Torts: A Contemporary Approach, 3rd ed., Interactive Casebook Series (West Academic Publishing, 2018) (co-authored with Meredith J. Duncan and Ronald Turner).

Presentations

Featured Speaker, "Implicit Bias and the Morality of Newsworthiness," Day Long In-Service Faculty Teaching Workshop, DePaul University, Chicago, Illinois, December 6 2018, (with Russell McClain, Kris Franklin and Paula Manning).

Andrea J. Boyack

Articles in Law Reviews and Other Scholarly Journals

"Sustainable Affordable Housing," 50 Arizona State Law Journal 455 (2018).

Media Interview

Quoted, "Kansas Restricted the Rules Cities Can Make, That's Complicated Affordable Housing Efforts," KCUR 89.3, February 26, 2019.

Quoted, "Inside An Idaho Homeowners Association's Frosty War Over One Resident's Lurid Christmas Pageant," Pacific Standard, December 14, 2018.

"Interviewed, 2018’s Best & Worst Places to Rent in America," WalletHub, July 25, 2018.

Presentations

Presented insights regarding recent developments relevant to commercial leasing, American Bar Association (ABA) Section on Real Property, Trust and Estate Law, 31st Annual National CLE Conference, Boston, Massachusetts, May 9-10.

Co-presenter "Sexual Harassment in Housing," Kansas Housing Resources Corporation, 2019 Fair Housing webinar, April 29, 2019 (with Michelle Ewert).

Panelist, International Women's Day, Women's Legal Forum, Washburn University School of Law, Topeka, Kansas, March 8, 2019.

"The Interpretation & Enforcement of Non-disclosure Agreements," Themester event, Washburn University, Topeka, Kansas, February 11, 2019.

"Keeping Housing Affordable: The Federal Government's Role," Urban Law Journal Symposium, One Hundred Years of Rent Control: An Examination of the Past and Future of Rental Housing, Fordham Law School, New York, New York, January 18, 2019.

"Stakeholder Property," Association of American Law Schools (AALS) Annual Meeting, Section on Property Law, New Orleans, Louisiana, January 4, 2019.

"Fair Housing Training," Kansas Housing Resource Corporation, Topeka, Kansas, November 29, 2018 (with Michelle Ewert).

"Too Poor for Bankruptcy," Central States Law Schools Association annual meeting, Dallas, Texas, October 13, 2018 (scholarly work in progress).

"Strategies and Techniques for Enhancing Teaching Before, During, and After Class," Central States Law Schools Association annual meeting, Dallas, Texas, October 13, 2018.

"Fair Housing: 50 Years Later," Kansas Housing Conference, Topeka, Kansas, September 14, 2018 (with Michelle Ewert).

Professional Service

Elected Kansas member of the exclusive American College of Real Estate Lawyers (ACREL), 2019.

Led a discussion group "Chapter 11 Venue Reform," American Bankruptcy Institute's annual Midwestern Bankruptcy Institute, Kansas City, Missouri, October 12, 2018.

Gillian Chadwick

Articles in Law Reviews and Other Scholarly Journals

"Reorienting the Rules of Evidence," 39 Cardozo Law Review 2115 (2018).

Other Publications

"The Other Birthright Citizenship Question—Who Decides?," Washburn Law Journal Blog, November 3, 2018 (with David S. Rubenstein). Republished: Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (November 5, 2018).

Media Contact

Pro bono representation, "Human Trafficking Victim Files Suit Against Promise Keepers to Recoup Nearly $8M Awarded to Her," Legal Newsline, March 13, 2019 (with legal team from McGuireWoods led by Betsy Hutson).

Presentations

"Bridging Language Barriers in Client Representation," John E. Shamberg Memorial Series, Kansas Bar Association CLE webinar, May 23, 2019.

Panelist, "Forging Clinic Collaborations with Non-Legal Partners: How Working Alongside Non-Lawyers Advances Student Learning," Association of American Law Schools (AALS) 2019 Conference on Clinical Legal Education, San Francisco, California, May 6, 2019.

"Legitimating the Transnational Family," Georgetown Journal of Gender and the Law Symposium, Shaping American Nationalism: Immigration Law, Gender, and Sexuality, Washington, D.C., November 9, 2018.

"Introduction to Laying Evidentiary Foundations," American Bar Association, Commission on Domestic and Sexual Violence Trial Skills Institute, Chicago, Illinois, August 1, 2018 (with Madeline Garcia Bigelow).

James M. Concannon

Presentations

"Practical Evidence," Department of Children and Families, Child Support Services Fall CLE, Topeka, Kansas, October 24, 2018.

Myrl L. Duncan

Media Interviews

Discussed the proposed legislation dealing with full faith and credit for tribal court judgments, National Public Radio, April 15, 2019.

Linda Henry Elrod

Articles in Law Reviews and Other Scholarly Journals

"Review of the Year 2017 in Family Law: Immigration Issues Impact Families," 51 Family Law Quarterly 501 (2018) (co-authored with Robert G. Spector).

Books and Monographs

Child Custody Practice and Procedure. 2019 ed. (Thomson Reuters, 2019).

Kansas Family Law: Kansas Law and Practice, Volumes 1 and 2. 2018-2019 ed. (Thomson Reuters, 2018).

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

Chapters in Books

"Changing Families and the Need for Policy to Protect Children," in Family Law and Family Realities: 16th International Society of Family Law (ISFL) World Conference Book (Carol Rogerson, Masha Antokolskaia, Joanna Miles, Patrick Parkinson, Machteld Vonk, eds.) (Eleven International Publishing, 2019).

"Citizen Children and Unauthorized Immigrant Parents: Can Best Interest Analysis Relive Discrimination Based on Status," In Child Rights and International Discrimination Law: Implementing Article 2 of the United Nations Convention on the Rights of the Child (Marit Skivenes, Karl Harald Søvig, eds.) (Routledge, 2019).

Presentations

"New Ethical Challenges Facing Family Lawyers," A Melting Pot of Domestic Topics: Family Law 2019 CLE, Wichita Bar Association, Wichita, Kansas, May 3, 2019.

Panelist, International Women's Day, Women's Legal Forum, Washburn University School of Law, Topeka, Kansas, March 8, 2019.

"Relocation and Jurisdictional Conundrums: Custody and the Uniform Child Custody Jurisdiction and Enforcement Act," New York State Bar Association Annual Meeting, New York City, New York, January 17, 2019.

"Social Media and Ethics for Lawyers and Mediators," 12th Annual Family Law Case Management Training CLE, Children and Family Law Center, Washburn University School of Law, Topeka, Kansas, December 14, 2018.

"The 21st Century Family: Parentage and Child Support Issues," Missouri Child Support Enforcement Association Professional Training Conference, Springfield, Missouri, November 8, 2018.

"Relocation and the Uniform Child Custody Jurisdiction and Enforcement Act: Jurisdictional Problems," American Bar Association Family Law Section, September 25, 2018 (webinar with Ashley Tomlinson).

Professional Service

Prepared written testimony and testified in opposition to SB 157, March 7, 2019 (amending the divorce code to presume 50/50 parenting time for a child in all temporary orders).

Participated in a meeting of the Secretary of State's Advisory Committee on Private International Law (ACPIL) February 27, 2019 (discussing the proposed "Guide to Good Practices on Article 13(1)(b)(grave risk of harm defense) of the Hague Convention on the Civil Aspects of International Child Abduction").

Reappointed to the United States Department of State's Advisory Committee on Private International Law, February 2019.

Participated in the Kansas Bar Association Fall Legislative Conference, Topeka, Kansas, November 19, 2018 (included discussions of possible legislation in the coming session).

As Reporter, participated in the Uniform Law Commission Joint Editorial Board on Family Law meeting Washington D.C., November 15-17, 2018.

As Editor Emeritus of the Family Law Quarterly, chaired the editorial board meeting at the American Bar Association Fall Meeting, Tucson, Arizona, October 5, 2018.

Michelle Ewert

Other Publications

"Spotlight on Washburn Law Clinic's Expungement Activities," 87:9 Journal of the Kansas Bar Association 40 (October 2018).

"Washburn Law Clinic: Integrating Service and Learning," 87:9 Journal of the Kansas Bar Association 36 (October 2018).

Presentations

Co-panelist, "Access to Justice (and) Opportunities in Rural Areas and Small Towns - Educating Young Law Students to be Local Lawyer Leaders," Association of American Law Schools (AALS) 2019 Conference on Clinical Legal Education, San Francisco, California, May 6, 2019 (with Shawn Leisinger).

Co-presenter "Sexual Harassment in Housing," Kansas Housing Resources Corporation, 2019 Fair Housing Webinar, April 29, 2019 (with Andrea Boyack).

"Sexual Harassment in Housing," Annual Fair Housing Seminar, City of Salina Community Relations Division, Salina, Kansas, April 26, 2019.

"Fair Housing Training," Kansas Housing Resource Corporation, Topeka, Kansas, November 29, 2018 (with Andrea Boyack).

"The Legal Landscape of Transgender Rights," Q and A: Queers and Allies Discover the Law, Washburn University, Topeka, Kansas, November 16, 2018.

"Fair Housing: 50 Years Later," Kansas Housing Conference, Topeka, Kansas, September 14, 2018 (with Andrea Boyack).

Professional Service

Outstanding Service Award, Kansas Bar Association, 2019.

John J. Francis

Media Interviews

Guest, "Kansas’ Unmatched Tracking Of Ex-Convicts Attracts One Legal Challenge After Another," KCUR 89.3, August 31, 2018 (begins at 6:30).

Honors and Awards

Recipient, Warren W. Shaw Distinguished Service Award, Topeka Bar Association, 2019.

Emily Grant

Articles in Law Reviews and Other Scholarly Journals

"Helicopter Professors," 53 Gonzaga Law Review 1 (2018). Discussed:

Books and Monographs

Editor, Kansas Probate and Trust Administration after Death. 8nd ed. (Kansas Bar Association, 2018).

Other Publications

"Reading for Better Writing," 87:9 The Journal of the Kansas Bar Association 27 (October 2018).

Presentations

Panelist, "What to Make of Student Evaluations," AALS Arc of Career Program, Association of American Law Schools annual meeting, New Orleans, Louisiana, January 3, 2019.

Panelist, "The Helicopter Effect: Connecting with Students and Society," Southeastern Association of Law Schools (SEALS) 2018 Annual Conference, Fort Lauderdale, Florida, August 8, 2018.

Panelist, "Teaching Fundamentals I – How to Design and Implement a Law School Course," Southeastern Association of Law Schools (SEALS) 2018 Annual Conference, Fort Lauderdale, Florida, August 7, 2018.

"Helicopter Professors," 18th Biennial Legal Writing Institute Conference, Marquette University Law School, Milwaukee, Wisconsin, July 12, 2018.

Professional Service

Outstanding Service Award, Kansas Bar Association, 2019.

Burke W. Griggs

Presentations

"Fear and Loathing in Kansas Water Law," Governor's Conference on the Future of Water in Kansas, Manhattan, Kansas, November 11, 2018.

Marsha Griggs

Other Publications

"Meeting Our Obligation to At-Risk Students," The Learning Curve 20 (Winter 2017).

Media Interview

Article review, "The UBE: The Inevitable And Its Perils," Above the Law, April 30, 2019.

Quoted, "Building A Better Bar Exam," TaxProf Blog, April 23, 2019.

Presentations

"Tales from our Village: Guidance for Effective Academic Support Interventions," 7th Annual Southwest Consortium of Academic Support Professionals Conference, St. Mary’s University School of Law, San Antonio, Texas, March 8, 2019.

"Get Ready Texas: Preparing Faculty for the Uniform Bar Examination (UBE)," UBE Transition Boot Camp, St. Mary's University School of Law, San Antonio, Texas, March 7, 2019.

Janet Thompson Jackson

Articles in Law Reviews and Other Scholarly Journals

"Law & Entrepreneurship in Global Clinical Education," 25 International Journal of Clinical Legal Education 85 (2018) (with Susan R. Jones).

Jeffrey D. Jackson

Books and Monographs

Interactive Citation Workbook for ALWD Guide to Legal Citation, 2018 Edition (LexisNexis, 2018).

Other Publications

"The Rational Basis Test," The Federalist Society, December 21, 2018.

Media Interviews

Quoted, "Recording Shows Efforts by Topeka Police to Enter Apartment," The Topeka Capital Journal, November 18, 2018.

Quoted, "Kansas Supreme Court goes on tour, to hold special session at Manhattan High School," The Kansas City Star, September 24, 2018.

Quoted, "Looking into the Debate Concerning Unaffiliated Votes," FourStatesHomepage.com, August 13, 2018.

Presentations

Panelist, "Sticks and Stones: The Power of Words, What Can Be Said, What Should be Said and What is Really Prohibited," WU-Mester Event, Washburn University, Topeka, Kansas, April 4, 2019.

Professional Service

Presented, "Bail, The Constitution(s) and the Statutes," before The Kansas Supreme Court Pretrial Justice Task Force, December 13, 2018.

Patricia L. Judd

Articles in Law Reviews

"The Difficulties in Harmonizing Legal Protections for Traditional Knowledge and Intellectual Property," 58 Washburn Law Journal 249 (2019).

Other Publications

"Duck, Duck, Goose: The Potential Perils of "Intellectual Property" Conglomeration," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (October 4, 2018).

"Symposium Introduction: Sam Halabi’s Intellectual Property and the New International Economic Order: Oligopoly, Regulation, and Wealth Redistribution in the Global Knowledge Economy," Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (October 1, 2018).

Presentations

"An Evolving Role for TRIPS in Addressing Public Health Crises," "TRIPS Agreement at 25" Symposium, Texas A&M University School of Law, Fort Worth, Texas, March 29, 2019.

"Managing Risks in Overseas Markets: Counterfeiting and Piracy," Rural and Independent Innovators Conference, sponsored by the Kansas Small Business Development Center at Washburn University, Manhattan, Kansas, January 28, 2019.

Professional Service

Member, Executive Committee, Association of American Law Schools (AALS) Section on Mass Communication Law, 2019.

Shawn Leisinger

Presentations

Co-panelist, "Access to Justice (and) Opportunities in Rural Areas and Small Towns - Educating Young Law Students to be Local Lawyer Leaders," Association of American Law Schools (AALS) 2019 Conference on Clinical Legal Education, San Francisco, California, May 6, 2019 (with Michelle Ewert).

Craig Martin

Articles in Law Reviews and Other Scholarly Journals

"Challenging and Refining the 'Unwilling or Unable' Doctrine," 52 Vanderbilt Journal of Transnational Law 245 (2019).

Book Chapters and Essays

"What Role and Rules for Canada's Armed Drones?," Canadian Global Affairs Institute: Policy Perspectives (December 2018).

Opinions/Editorials and Blog Articles

"What are the Limits on Lawfare?," Opinio Juris, International Law Blog, May 5, 2019.

Presentations

"Challenging and Refining the 'Unwilling or Unable' Doctrine," Asser Institute, The Hague, Netherlands, April 25, 2019.

"Defending Humanity from Threats to the Atmosphere: Climate Change and Jus ad Bellum," to the LACMO (Law of Armed Conflict and Military Operations) International Law Research Network forum, University of Amsterdam, Amsterdam, The Netherlands, April 18, 2019.

"Lessons From Japan on the Legitimacy of Informal Constitutional Amendment," East-West Center, co-sponsored by the University of Hawaii, Honolulu, Hawaii, August 31, 2018.

Professional Service

Chair-Elect, East Asian Law and Society Interest Group of Association of American Law Schools (AALS), January 2019.

Joseph P. Mastrosimone

Presentations

"Free Speech in the Workplace," Law Day, Washburn University School of Law, Topeka, Kansas, May 1, 2019.

Moderator, "Increasing Tension: Labor and Employment Law Protections and Religious Accommodations," Labor Relations and Employment Law section, Association of American Law Schools annual meeting, New Orleans, Louisiana, January 4, 2019.

Panelist, "What to Make of Student Evaluations," AALS Arc of Career Program, Association of American Law Schools annual meeting, New Orleans, Louisiana, January 3, 2019.

Roger A. McEowen

Books and Monographs

Editor, Income Tax Manual for 2018 Returns Prepared in 2019, (Iowa State Bar Association, 2018).

Presentations

"Tax Law Practice Ethics CLE," Washburn University School of Law, Topeka, Kansas, December 14, 2018 (with Lori McMillan).

Lori A. McMillan

Books and Monographs

Contributing Editor, Income Tax Manual for 2018 Returns Prepared in 2019, (Iowa State Bar Association, 2018).

Other Publications

"Taxes and Donald Trump," Washburn Law Journal Blog, October 17, 2018.

Media Interviews

Guest, "Tax Cuts Proposed by the GOP," Wharton University of Pennsylvania Business Radio on Sirius XM Channel 132 program, Knowledge@Wharton, September 14, 2018.

Presentations

"Tax Law Practice Ethics CLE," Washburn University School of Law, Topeka, Kansas, December 14, 2018 (with Roger McEowen).

Professional Service

Ex-Officio member, Kansas Legislative Task Force on Dyslexia in Education, Current State and Federal Law subcommittee, 2018-.

David E. Pierce

Books and Monographs

Forms Manual to Accompany Cases and Materials on Oil and Gas Law. 7th ed. (2018) (West Academic) (co-author with John S. Lowe, Owen L. Anderson, Ernest E. Smith, Christopher S. Kulander and Monika U. Ehrman).

Chapters in Books

"Oil and Gas Law: A Critique" (chapter 19) in Sixty-Ninth Annual Institute on Oil and Gas Law, (The Institute for Energy Law) (Matthew Bender, 2018).

Presentations

"The Life and Times of Mineral Ownership in Kansas," 71st Southwest Kansas Royalty Owners Association’s Annual Meeting, Hugoton, Kansas, April 27, 2019.

"The Exercise of Professional Judgment When Drafting Legal Documents: The Ethics of Legal Drafting," State of Kansas, Department of Administration, Office of Chief Counsel CLE, Topeka, Kansas, March 29, 2019.

"Paying Quantities: Oklahoma Style," Oklahoma City Mineral Lawyers Society, Oklahoma City, Oklahoma, March 27, 2019.

"Subsurface Trespass," Oklahoma University College of Law Student Lecture, Norman, Oklahoma, March 27, 2019.

"Problems Interpreting Wellbore Assignments," Kansas Bar Association 2019 Spring Oil, Gas & Mineral Law CLE, Hays, Kansas, March 8, 2019.

"Recent Developments in Oil and Gas Law," 43rd Annual Kansas Bar Association and the Kansas Independent Oil and Gas Association (KBA/KIOGA) Oil and Gas Law Conference, Wichita, Kansas, October 12, 2018.

"Valuable Lessons for the Kansas Oil & Gas Industry Taught by Court Decisions from Across America," 2018 Eastern Kansas Oil & Gas Law Conference, Chanute, Kansas, August 3, 2018.

Professional Service

Amicus curiae brief in Jason Oil Company, LLC v. Frank E. Littler, et al., Case No. 17-118387-S, pending before the Kansas Supreme Court, September 11, 2018. (The issues concern future interests and the rule against perpetuities. Pro bono project on behalf of the Eastern Kansas Oil & Gas Association).

Mary Kreiner Ramirez

Presentations

"Whither Accountability," Institute for Investor Protection Roundtable Conference, Loyola University Chicago School of Law, Chicago, Illinois, September 14, 2018.

Panelist, "Whither Accountability," 2018 Institute for Investor Protection, Lehman 10 Years Later: Lessons Learned, Loyola University Chicago School of Law, Chicago, Illinois, September 14, 2018.

William Rich

Articles in Law Reviews and Other Scholarly Journals

"Patent Rights and State Immunity," 28 Federal Circuit Bar Journal 15 (2018).

Media Interviews

Quoted, "Local Experts Doubtful President Trump's Executive Order Can Reverse 14th Amendment," KSNT News, October 30, 2018.

Presentations

"Overview of the 1st Amendment," Law Day, Washburn University School of Law, Topeka, Kansas, May 1, 2019.

"Freedom of Speech: Bright Lines in a Murky World," International Brown Bag Lecture, Washburn University, Topeka, Kansas, April 10, 2019.

Thomas J. Romig

Media Interviews

Quoted, "1st Amendment’s got it Protected, Even if it’s Hateful or Not True," Abilene-RC, May 6, 2019.

Presentations

Panelist, "Free Speech, Free Press, and Free Society," Law Day, Dwight D. Eisenhower Presidential Library & Museum, Abilene, Kansas, May 1, 2019.

David S. Rubenstein

Articles in Law Reviews

"Immigration Blame," 87 Fordham Law Review 125 (2018).

Other Publications

"Privatized Detention & Immigration Federalism," Stanford Law Review Online symposium (March 11, 2019) (with Pratheepan Gulasekaram).

"The Perilous Stakes of Immigration Law by Executive Fiat," The Hill (November 19, 2018).

"The Other Birthright Citizenship Question—Who Decides?," Washburn Law Journal Blog, November 3, 2018 (with Gillian Chadwick). Republished: Notice & Comment, blog from Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice (November 5, 2018).

Media Interviews

Quoted, "Clash Between Student-Loan Companies and States Could Wind Up in the Supreme Court," MarketWatch, January 28, 2018.

Quoted, "Lawsuit Against Student-loan Giant Navient Moves Forward, Perhaps Bolstering Others," MarketWatch, December 22, 2018.

Quoted, "Ruling on Temporary Status Could Play Well for DACA, H-1B Cases," Bloomberg Law, Daily Labor Report, October 10, 2018.

Quoted, "Lawsuit Against Navient Can Proceed — Why Student Loan Borrowers Should Pay Attention," MarketWatch, July 22, 2018.

Presentations

"Immigration Exceptionalism," Constitution Day presentation, Washburn University School of Law, Topeka, Kansas, September 17, 2018.

Thomas Sneed

Other publications

"Why I Love Casemaker," 83:1 Kentucky Bar Association Bench and Bar Magazine (January 2019).

Presentations

"The Library’s Role in Training the Rural Lawyer," Mid-America Association of Law Libraries Annual Meeting, Memphis, Tennessee, October 12, 2018.

"An Overlooked Resource: Opportunities for the Library in the Law School Curriculum," 2018 Society of American Law Teachers Teaching Conference, Penn State University, University Park, Pennsylvania, October 5, 2018.

Professional Service

Member, Management and Business Acumen team, Annual Meeting Planning Committee, American Association of Law Libraries, Washington DC, 2018-2019.

Frédéric G. Sourgens

Articles in Law Reviews and Other Scholarly Journals

"Climate Commons Law: The Transformative Force of the Paris Agreement," 50 New York University Journal of International Law & Politics 885 (2018).

Professional Service

Co-Chair, Third Investment Claims Oxford Summer Academy, Kellogg College, Oxford, July 5-6, 2018.

Amy Deen Westbrook

Media Interviews

Quoted, "How to Govern the Unicorns," (requires account) The Wall Street Journal, December 21, 2018.

Quoted, "Investors Gave Snap a Gift," Bloomberg Opinion, July 11, 2018.

Short URL for this page:
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.