
Faculty Focus
Faculty Focus is a monthly
publication documenting the activities, accomplishments, and honors of the
University of
Houston Law Center Faculty.
December,
2005
Richard Alderman
and the Center for Consumer Law received a cy-pres award in the amount of $363,455.85
from a lawsuit filed by the Texas Attorney General against Mark Nutritionals.
The money will be used to establish a consumer dispute resolution program at
the Law Center. Professor Alderman also published
the 7th edition of his law for the layperson book, Know Your Rights! Answers to Texan’s Everyday
Legal Questions. Prior editions have sold in excess of 50,000 copies.
He also published the 2005-06 edition of Texas
Consumer Law: Cases and Materials used by all the Texas law schools, as well
as the 2005 supplement to The Lawyers’
Guide to the Texas Deceptive Trade Practices Act. In addition, he was
counsel of record for an amicus brief submitted by the Center for Consumer Law
on behalf of a group of law professors in the case of Buckeye Check Cashing v. Cardegna. He attended the oral
argument in the case at the end of November. Professor Alderman also gave two
presentations at the State Bar Advanced Consumer Law Conference, one on the
DTPA and another on the UCC. In addition, he spoke to numerous local groups
regarding consumer rights.
Marcilynn A.
Burke was invited to
participate on a panel at the University of Florida Levin College of Law for the
National Association of Environmental Law Societies' annual meeting in March
2006 in conjunction with the College of Law’s annual public interest environmental
conference. The theme for the conference is “Rhetoric and the Environment”
and Professor Burke will participate based upon her earlier work, Klamath Valley and Cappuccino Cowboys: The
Rhetoric of the Endangered Species Act and Why it (Still)
Matters, 14 Duke Envtl. L. & Pol. F. 441
(2004).
Darren Bush’s
report for the
Antitrust Modernization Commission, coauthored with Dr. Gregory K. Leonard of
NERA Economic Consulting and Professor Stephen Ross of the University of Illinois
College of Law, titled A Framework for Policymakers
to Analyze Proposed and Existing Antitrust Immunities and Exemptions
(Report) is now available at http://www.amc.gov/commission_hearings/statutory_immunities_exemptions.htm.
On the same site, one can also find
Professor Bush’s supplemental written statement submitted before the AMC,
as well as the comments of academics and others
in response to the Report. In addition, Professor Bush testified before
the AMC on December 1st. He also presented his article, The
Incentive and Ability of the Federal Trade Commission to Investigate Real Estate
Markets: An Exercise in Political Economy, at the American Antitrust
Institute’s Real Estate Symposium on November 8th. He is currently
working on an article concerning the application of antitrust to regulated industries
for a symposium in February.
David R.
Dow spoke to the Texas Association of
Civil Trial and Appellate Specialists (TACTAS), on November 2nd. His topic
was “Post-Conviction Death Penalty Litigation.” On November 4th, he was a guest
on PBS's "Word on Words, with John Siegenthaler," to discuss his book, Executed on a Technicality. He
also discussed the book at the Jewish Book Fair, on November 9th.
Professor Dow attended Hofstra University's 11th Presidential Conference,
and gave a talk entitled "Bill Clinton, the Death Penalty, and the Assault on
Habeas Corpus."
Meredith J.
Duncan has been selected by the University of Houston as its Piper Teaching Award
nominee. The Piper Teaching Award is a statewide award honoring
outstanding professors and educators across Texas. This year’s winners will be
announced in the spring.
Victor
Flatt presented a paper at the Yale Law School symposium, “The Properties of Carol
Rose” on November 11th.
Sandy
Gaines presented an invited paper in
Montreal on
December1st at the Third Symposium on the Environmental Effects of NAFTA
organized by the North American Commission for Environmental Cooperation. His
paper, an empirical study of the actual environmental effects of 4 major claims
for compensation under NAFTA by foreign investors for unfair treatment or
expropriation through government measures arguably taken for environmental
purposes, will be posted on the CEC’s website after revisions based on comments
received at the symposium. Professor Gaines took the occasion of the trip
to Canada to visit with
colleagues at NACLE partner schools, McGill and the University of Ottawa.
Leslie
Griffin’s casebook,
Law and
Religion: Cases and Materials, will be
published by Foundation Press. Also she spoke in Mexico City on November
28th, about appointments to the U.S. Supreme Court at the Congreso Internacional
Sobre Justicia Constitucional sponsored by the Instituto de Investigaciones
Juridicas at UNAM (Universidad Nacional Autonoma de
Mexico).
Craig
Joyce chaired a panel on "The History of
Intellectual Property Rights" at the American Society for Legal History's Annual
Meeting in Cincinnati where he was also reappointed chair
of the Committee on Programs and the Annual Meeting for
2006.
Joan
Krause agreed to
serve on the Advisory Committee for a 2007 Medical Ethics Conference sponsored
by Holocaust Museum Houston. Also on November 14th, Professor Krause was
interviewed by the Houston
Chronicle concerning litigation against Louisiana nursing homes for failure to
evacuate during Hurricane Katrina. On November 10th, she served as a guest
lecturer in the new UH “Medicine & Society” minor core course, speaking on
the topic of informed consent.
Douglas
Moll's article,
Minority Oppression & The Limited
Liability Company: Learning (or Not) from Close Corporation
History, was published at 40 Wake Forest L.
Rev. 883-976 (2005). The article was solicited as part of a
symposium on "The Future of Closely Held Business Entities." The article
was also solicited for republication by the Corporate Practice Commentator -- "a periodical,
now in its forty-fifth year, designed to bring to corporate lawyers and business
executives' reliable information on recent developments and new thinking in the
field of corporation law and practice." Most of the subscribers to the
Corporate Practice Commentator are large law firms and corporate law
departments.
Tom
Oldham is editing articles to be published
in the Family Law Quarterly, Iowa Journal of Transnational Law and the Journal
of Legal Education.
Michael A.
Olivas moderated the November, 2005
Frankel Lecture, and his piece from the Lecture (“Reflections on Academic Merit
Badges and Becoming an Eagle Scout”) will appear in 43 Houston Law Review
(2006). In addition, the Harvard Civil Rights Project will publish his chapter
on the DREAM Act and college residency in a forthcoming book. He and Ian Haney
Lopez of UC-Berkeley Law School
(Boalt Hall) have completed a chapter on the Hernandez v. Texas case for the
forthcoming Foundation Press book, Race Stories, edited by Devon Carbado and
Rachel Moran.
Jordan
Paust gave the Mike and
Teresa Baker Chair lecture on November 1st hosted by Fulbright & Jaworski,
Houston, Texas. He also gave a speech on
“Responding Lawfully to al Qaeda” as one of four main speakers during a
Conference on International Humanitarian Law in the Age of Terrorism at the
United States Military Academy, West Point, New York, on November 7th (and the
paper will be printed later in a book); and he gave a speech on “Detainees,
Illegal Interrogation Tactics, and Constitutionally-Based Duties” before the
Dallas Lawyers’ Chapter of the American Constitution Society for Law and Policy
on November 14th. He has also been invited to join a panel during a
meeting of the Eighth Annual Federalist Society Faculty Conference at the
Association of American Law Schools in January 6th in Washington, D.C. and will
present a short paper on “Customary International Law: A Rich and Intricate Part
of the Law of the United States.”
Irene Rosenberg spoke on the judicial nomination
process to the Council of Reform Judaism: Women’s Division and debated
with Professor Bob Ragazzo about
Judge Samuel Alito's nomination to the Supreme Court. She also gave a talk on
November 8th sponsored by BLSA and Lex Judaica on being the first tenured female
professor at the Law
Center.
Robert Schuwerk’s book, Handbook
of Texas Lawyer and Judicial Ethics will hit the streets this month,
barely in time to be counted as having been published in 2005. He urges each
and everyone of you to buy at least 100 copies, and to have 100 of your closest
friends do the same. Professor Schuwerk was also quoted in the Houston Chronicle
on December 1st regarding the role of the judge in the Ruben Cantu case. Cantu
was executed in 1993 but he may have been innocent.
Sandra Guerra Thompson participated in a symposium entitled,
“The Booker Project: The Future of Federal Sentencing” held at the
UH Law Center
on November 18th. The symposium was sponsored by the Criminal Justice
Institute in cooperation with the Houston Law Review. A distinguished
group of participants included nationally-recognized scholars, federal district
and appellate judges, the Chairman of the United States Sentencing Commission,
Federal Public Defenders, United States Attorneys, and leading federal defense
practitioners. Attendees included a justice of the Texas Court of Criminal
Appeals, law professors from around the country, and judges and practitioners
from across Texas. Professor Thompson was also quoted in
an article appearing in The Rio Grande Valley Monitor on accomplice liability
law.
Don
Tomlinson spoke to the Association of
Corporate Counsel – America
at its annual convention in Washington, D.C., in October on the subject of media
relations and media law. In November, he presented a paper at the 43rd
Intellectual Property Law Conference of the Center for American and
International Law in Plano. His paper was titled: “Ownership of
Computer-Generated Musical Compositions: Copyright at the Cutting Edge.” In
December, he will present a day-long seminar on media relations and media law
(with Texas District Judge Steve Smith) to the Judicial College of The Supreme
Court of Ohio in Columbus.
Jacqueline Weaver was the luncheon speaker at the National
Oil and Gas Royalty Conference, on the subject of “Energy Markets after
Enron” in Houston on December 5th. She also completed
the chapters for the second edition of Energy,
Economics, and the Environment, a Foundation casebook.