Faculty Focus
Faculty Focus is a monthly
publication documenting the activities, accomplishments, and honors of the
July, 2004
Richard
M. Alderman has received the Nancy L. Garms Memorial Award
from the State Bar of Texas. The award recognizes outstanding contributions to
law focused education in
Darren
Bush and coauthors John Flynn and Harry
First were asked to provide comments on a bill that has recently become
law. Public Law 108-237 (HR. 1086)
strengthens the requirement that judges, when considering a proposed consent
decree between the Department of Justice and any other person, consider certain
public interest factors. These
factors are largely ignored by courts
that instead engage in rubber-stamping of any proposed decree placed before
them. Professor Bush and his
colleagues wrote in favor of the bill.
Senator Herb Kohl (D-Wisc.), in a statement made on the floor in support
of H.R. 1086, quoted Professor Bush's article with Professor Flynn on the
Microsoft case, The
Misuse and Abuse of The Tunney Act in the Microsoft Cases: The Adverse
Consequences of Ignoring Legislative History and
Intent, 34 Loy. U. Chi. L.
J. 749 (2003).
Professor Bush commenced work on his
next article, titled Conspiracies of
One: When Violation of FERC's Code
of Conduct Rules Constitutes a Conspiracy in Restraint
of Trade. Professor Bush
was awarded a New Faculty Research Program grant in the amount of $6,000.00 to
complete the article. He is also
working on completing other projects, including updating ANTITRUST: STATUTES,
TREATIES, REGULATIONS, GUIDELINES, AND POLICIES 2003-2004 (with John J. Flynn
and Harry First) and revising FREE ENTERPRISE AND INDUSTRIAL
ORGANIZATION: ANTITRUST (originally
authored by the late Louis Schwartz along with Professors John Flynn and Harry
First).
Professor Bush has
also continued to be active with respect to Mayor White's towing proposal. In addition to submitting to members of
the Houston City Council an unpublished response to the Mayor's op-ed in the
Houston Chronicle, Professor Bush spoke before the City Council, noting that
the Mayor's towing plan appears to violate the federal antitrust laws. Professor
Bush has also submitted comments to numerous City Council members regarding
the Mayor's revised towing plan.
Cheryl
Butler,
Clinical Assistant Professor, Legal Research, Analysis & Communication will
present a lecture: "The Curriculum, The Bar and Learning What Matters" at the
Council on Legal Education Opportunity (CLEO) Thurgood Marshall Legal
Educational Opportunity Program 2004 Conference: "Attitude is Essential: A Law
Student's Guide To Academic, Professional and Personal Success" on July 12th. On
June 11th, in conjunction with her local civic organization, Delta Sigma Theta
Sorority, Inc. she hosted "A Chat With Mayor Bill
White" at
Michelle
Michot Foss and the
UH IELE research staff completed the fourth session of New Era in Oil, Gas &
Power Value Creation, May 16th-28th. Dr. Michot
Foss spoke at the CWC North American liquefied natural gas (LNG) conference in
Houston, May 27th; on natural gas market developments at the Texas Independent
Producers and Royalty Owners Association annual meeting on June 8th; chaired a
luncheon panel on LNG issues for the Society of Petroleum Engineers, June 8th;
participated as a speaker and delegate in the 5th U.S.-China Oil and Gas
Industry Forum, Shanghai, China, June 14th-15th and, while there, also
participated as a commentator in the energy panel at the Harvard Business School
global symposium June 17th; spoke on U.S. energy policy at the Houston Bar
Association luncheon June 22th; with Mr. Fisoye Delano, IELE Senior Researcher,
conducted a workshop and participated as speaker and chair, respectively, at the
CWC Latin America and Caribbean Gas Conference, Port of Spain, Trinidad &
Tobago, June 28th-30th.
Joan Krause's article, Regulating, Guiding, and Enforcing Health Care Fraud was published in Volume 60, Issue 2 of the New York University Annual Survey of American Law.
Professors Krause and
Saver agreed to write/edit a new column on legal ethics in health
care (as yet untitled) for the Journal
of Law, Medicine & Ethics published by the American Society of
Law, Medicine & Ethics.
Douglas
Moll's
article, Shareholder Oppression
& 'Fair Value': Of Discounts, Dates, and Dastardly Deeds in the Close
Corporation, was recently listed on SSRN's Top Ten Download list for
another journal-Corporate Law:
Securities Law Recent Hits. The article has been accepted for
publication by the Duke Law
Journal.
Tom
Oldham sent in
the manuscript for the 32d supplement to his book Divorce, Separation and the Distribution of
Property.
Michael
A. Olivas was
interviewed in a number of newspapers and professional publications such as the
Chronicle of Higher Education,
Business Week, and others about
his recent Congressional testimony on Sec. 529 Plans, the Texas Top Ten Percent
Plan, and immigration-related developments.
Jordan
Paust was a
member of a panel on Military Commissions during the Conference on International
Law Challenges: Homeland Security and Combating Terrorism at the U.S. Naval War
College on June 24th. The panel session was recorded for the television
show "60 Minutes". His article Judicial Power to
Determine the Status and Rights of Persons Detained Without Trial, 44
Harvard Int'l L.J. 503 (2003) was
cited in the majority opinion of the U.S. Supreme Court in Hamdi v. Rumsfeld,
Richard
Saver
presented "What Institutional Review Boards Could Learn From Corporate Boards" at the American Society of Law,
Medicine, and Ethics Health Law Teachers Conference on June 5th at
Sandra
Guerra Thompson gave
three interviews in area media stories in June. She was interviewed by
Greg
Vetter
presided at IPIL's