Faculty News

IT Staff Assisting with KY Bar Exam

The IT staff will be out of the office from about 3:00 p.m. Monday, February 24, through the entire day Tuesday, February 25, 2014, to assist with computer administration of the Kentucky Bar Exam in Lexington.

Since February 2008, the Kentucky Office of Bar Admissions has used Extegrity's Exam4 for the Kentucky and Multistate Essay Exams.


Good luck to our graduates taking the Bar Exam!

A Look at Professor Cedric Merlin Powell: Bridging the Gap Between the Brandeis School of Law and the Louisville Community

By Rebecca Sears

The Brandeis School of Law recognizes the value of community engagement for both faculty and students. Faculty members like Professor Cedric Merlin Powell are setting this example by giving back to the community. Professor Powell has taught at Brandeis for what will be twenty-one years in August. In regards to public service, he believes the school truly lives out the spirit of Justice Brandeis through their commitment to serving the community.

“We embody Justice Brandeis’s spirit by encouraging students to be the public lawyer he believed in. We also are one of the few law schools which require service to graduate. This is a great motivator for students to become involved,” Powell said. “Being connected to the local community is a win-win situation for law students. Their training and public interest work will ultimately make them better lawyers.”

While Professor Powell encourages student engagement, he is strongly connected to the Louisville community as well. For the past ten years, Powell has served on the TARC board and is currently the board’s chair. He says, “Leadership Louisville is how I got started with TARC. They’ve been around for 25-30 years and allow individuals to see all of the community, to choose where they would like to get involved. It is a great program.” Powell attends monthly meetings and also dedicates his time to special TARC projects. In his ten years, he has helped the board provide efficient, economical, and environment friendly transportation to the city. When discussing his work with TARC, Powell expressed “I am most proud of our team effort. Every façade of TARC is a team: from the mechanical to implementation to planning to drivers, we are working with the same goals in mind.” Between teaching at the law school and dedicating his time to TARC, Professor Powell is bridging the gap between the local community and the law school. He is, without a doubt, continuing the long-standing tradition of public service at the school. 

When asked his favorite thing about his work in the community, he enthusiastically responded: “When we come up with something to better public transportation. For instance, when we replace old buses with new ones or introduce a new route to the public.” Recently, TARC introduced a new express route connecting downtown Louisville to Sellersburg, Indiana. The goal is to develop a link between Ivy Tech College and downtown Louisville. TARC hopes to encourage education for those who may be working in the Louisville area by providing viable transportation options. In working with TARC, Professor Powell is now even working to create state connections as well. 

Professor Cedric Merlin Powell is most certainly bridging the gap between the local community and law school. His work with TARC will have lasting impacts as he continues to improve the city’s public transportation system. Recently, the Louisville Bar Association recognized his service to the community with the Trail Blazer Award and the YMCA acknowledged his work in their youth achievers program. With his example, students will continue striving to be the public service lawyer Justice Brandeis encouraged and envisioned.

2L Ashley Mouser, Lawlapalooza Recognized in Latest UofL Magazine

2L Ashley Mouser, the Brandeis School of Law's 2013 Ellen B. Ewing Fellow, and Lawlapalooza, the Louisville legal community's annual battle of the bands, which benefits the Ewing Foundation and funds fellowships like Ashley's, were recognized in the Winter/Spring 2014 edition of University of Louisville Magazine, published by the UofL Alumni Association.

Lawlapoolaza and its student emcees were also mentioned in the February 2014 issue of the ABA’s Student Lawyer magazine, p. 36. Request a copy at the law library’s front desk.

UofL law school to unveil photos from Martin Luther King Jr.’s 1967 visit

After years of digging through photographic archives, the Louis D. Brandeis School of Law is ready to unveil photos taken nearly 50 years ago when Martin Luther King Jr. spoke in the school’s Allen Court Room.

“We found photos that we didn’t even know existed,” said Robin Harris, who chairs the law school’s diversity committee and is a professor of legal bibliography. “Two of the photos show Mrs. King and another shows a close up of Dr. King—which is fairly rare.”

A dozen photos will be shown at a free, public event Feb. 28. The program begins at 5:30 p.m. and is part of the law school’s Graduates of Color reunion and celebration of Black History Month.

Law school Dean Susan Duncan said the photos of King standing at a podium in the courtroom gave her chills.

“It’s gratifying to know that King spoke here,” said Duncan. “Because—even 50 years ago—this university was a trailblazer in the areas of diversity and inclusiveness.”

Harris said the project was a collaborative effort between the law school and UofL Archives and Special Collections. Five of the photos will be permanently displayed in the courtroom’s entrance along with a bronze plaque that commemorates King’s visit.

King spoke at the school March 30, 1967, after law student Steve Porter invited him. Porter—now a graduate of the law school—will speak at the February event along with fellow UofL alumnus Andrew Williams and recently retired law professor David Leibson. Porter and Leibson were in the courtroom during King’s visit and Williams was one of dozens of students who squeezed around the courtroom’s windows hoping to glimpse the civil rights leader.

All three will share their thoughts and memories about King’s visit during the event.

Professor Weaver Speaks in Paris on Transparency & Human Rights

Three Brandeis Faculty Members Give Major Impact Presentations at National Conferences

Brown v. Board of Education, the environment, and college students with disabilities. These are the three topics for presentations by Brandeis faculty at national conferences in February.  

Tony Arnold the Keynote Speaker at University of Missouri School of Law Symposium on Environmental Law

In a symposium organized around the scholarship of Boehl Professor Arnold, he will give the keynote address at a February 14 symposium on Environmental Law 4.0: Adaptive and Resilient. He was invited to do so based on the University of Missouri Journal of Environmental and Sustainability Law organizers who found his work to be intriguing and compelling.  

Environmental law in the United States has been continually evolving since the "first generation" of commandand- control regulatory statutes in the 1970s to the emerging fourth generation. This new generation of environmental law is under pressure to develop a framework that is more adaptive and resilient. Yet the institutional arrangements to protect the environment and manage natural resources generally have been unimodal ("one-sizefits- all") and fragmented, resulting in a current framework that is ill-suited for today's pressing environmental issues.

This symposium explores the prospects for the fourth generation of environmental law. How can a better understanding of resilience science and our relationship to environmental and natural resource challenges serve as a catalyst to transform environmental law to become more adaptive? Will environmental law develop a framework that is more integrated and multimodal? What are the theoretical and practical hurdles that must be overcome as we enter into the next generation of environmental law? These and other critical questions will be examined through a variety of perspectives, including ecological science, law and economics, environmental justice, indigenous peoples, international law and administrative law.


Cedric Merlin Powell to Serve as Plenary Session Speaker at Washburn University Center for Law and Government


Professor Powell has been recognized for his work on critical race theory and invited to speak on this topic on February 27. The symposium explores in a critical manner what the Brown v. Board of Education decision has meant and what it will continue to mean looking forward. On February 25, the Louisville Bar Association will recognize Professor Powell for his scholarship and leadership on race issues when it presents him with the annual Trailblazer Award during the Black History Month event.

In addition to the LBA award, Cedric also won the 2014 Chestnut Street YMCA Adult Black Achievers award. This is the 35th year of the program. Distinguished professionals from a number of fields are selected as role models for youth achievers. Adult achievers are expected to give 40 hours of service to the youth achievers program. Cedric was selected by Vice Provost Mordean Taylor-Archer to represent the University of Louisville.


Laura Rothstein to serve as Stetson Conference of Higher Education Law and Policy Honorary Chair

Must universities allow emotional support animals in the library? Can veterans with disabilities returning to college receive accommodations when the military does not provide documentation of the disability in a timely fashion? Are sororities required to make their houses accessible for wheelchairs even though they are private clubs? What policies should universities have in place to ensure that baby boomer faculty members are given fair treatment if their physical or mental health becomes frail? Are universities risking the cancellation of excellent programs for grade school and high school students because of new and burdensome policies put in place in reaction to the Jerry Sandusky scandal?

These are only a few of the issues that will be addressed by Laura Rothstein, Professor of Law and Distinguished University Scholar. In addition to serving as a panelist or speaker at four different sessions at the February 2014, 35th Annual National Conference on Higher Education Law and Policy sponsored by Stetson University Law School, she will serve this year as Honorary Chair of the conference. This honor reflects her longstanding commitment to increasing the understanding of higher education legal issues. In 2011 she was honored by the conference with the William A. Kaplin Award for Excellence in Higher Education Law and Policy.    

Networking Opportunity

YPAL (Young Professionals Association of Louisville) is hosting a luncheon on March 5 at the Bristol Downtown.  It is the kick-off of our “Legal-Ease” series, sponsored by SKO.  The intent of the event is to have prominent attorneys have lunch with young attorneys in order to mentor and provide career advice.  At the first event, we are inviting four local judges—Judges Clayton, Stevens, Bisig, and Chauvin.  Law students are welcome to register. 

The link to the event is here:  https://www.ypal.org/Events/March-Legal-Ease.  If you are a member, you get a discounted registration price. 

SSRN Legal Studies Research Paper Series, Vol 8, No 1

The latest issue of our SSRN Research Paper series features publications from Professors Arnold, Jones, Milligan and Rothstein.

More information about the RPS:

Kent School seeks help from Law School

Please consider participating in an anonymous study approved by the University of Louisville IRB (#13.0795) that measures love actions identified as self-compassion, self-forgiveness, self-esteem, spirituality, forgiveness, empathy, sympathy, altruistic values, compassion and compassionate love. The survey takes between 15-20 minutes to complete and at the end you will be provided with a report on your level of love actions on each of the constructs. Be sure to print a copy of each page of your report as you review it if you want to keep it for future reference.

Thanks in advance for making this a successful study!

Please click the link below to access the survey:

Study to Measure Love Actions


Faculty Publications in 2012

Leslie Abramson

Quick Review: Criminal Procedure.  St. Paul:  West Group.  (2012). 

Criminal Procedure: The Post-Investigative Process (2012 Supplement) (3d ed., with Cohen & Adelman).

Criminal Practice and Procedure, Kentucky Practice Series, 2012-13 Pocket Part for volumes 8 & 9 (5th ed. West).

Substantive Criminal Law, Kentucky Practice Series, 2012-13 Pocket Part for volumes 10 & 10A (3d ed. West).

Civil Procedure Forms, Kentucky Practice Series, 2012 Pocket Part for volumes 11 & 12 (2d ed. West).

Criminal Procedure:  Cases, Problems & Exercises 2012 Supplement (Thomson/West) (with Weaver, Bacigal, Burkoff, Lively, Hancock)


James Chen

Food and Superfood: Organic Labeling and the Triumph of Gay Science Over Dismal and Natural Science in Agricultural Policy.  Idaho Law Review,  Moscow;  University of Idaho College of Law.  48 Moscow;  University of Idaho College of Law;  (2012). 

Progressive Taxation: An Aesthetic and Moral Defense.  University of Louisville Law Review,  50, 659;  (2012). 

A Degree of Practical Wisdom: The Ratio of Educational Debt to Income as a Basic Measurement of Law School Graduates' Economic Viability.  William Mitchell Law Review,  St. Paul;  William Mitchell College of Law.  38, 1185;  St. Paul;  William Mitchell College of Law;  (2012). 


John Cross

Civil Procedure case book supplement for 2012 (with Abramson and Deason).


David Ensign

Licensing Public Performance of Motion Pictures.  Kentucky Libraries,  76,  (4):  pp. 8-9.  Frankfort:  Kentucky Libraries (2012). 

Copyright of Photographs.  Kentucky Libraries,  76,  (1):  pp. 27-28.  Frankfort:  Kentucky Libraries (2012). 

Common Law Copyright in Kentucky.  Kentucky Libraries,  76,  (2):  pp. 4-5.  Frankfort:  Kentucky Libraries (2012). 

Kentucky Legal Research.  (Edition September 2012),  Legal Research Series;  Durham:  Carolina Academic Press.  1  176  (2012).  (with Hilyerd and Metzmeier)


Judith Fischer

Book Review, Advocacy to Zealousness: Learning Lawyering Skills from Classic Films.  Kentucky Bench and Bar,  76,  pp. 26  Frankfort:  Kentucky Bar Association (2012). 

A Rogues' Gallery of Usage Problems.  Kentucky Bench and Bar,  76,  (July 2012):  pp. 32  Frankfort:  Kentucky Bar Association (2012). 

Gender-Neutral Language in U.S. Courts, Chapter in Brandeis Meets Gutenberg:  German-Conversations on Law 143 (Dieter Dorr et al. eds., Lang Pubs. 2012 


Grace Giesel

End the Experiment: The Attorney-Client Privilege Should Not Protect Communications in the Allied Lawyer Setting.  Marquette Law Review,  Milwaukee;  Marquette University Law School.  95, 475-561  (2012). 

Alternative Litigation Finance and the Work-Product Doctriine. Wake Forest Law Review. Winston-Salem; Wake Forest University School of Law. 47, 1083-1140; (2012).


William Hilyerd

Kentucky Legal Research.  (Edition September 2012),  Legal Research Series;  Durham:  Carolina Academic Press.  1  176  (2012) (with Metzmeier & Ensign)

Supreme Court Review.  Journal of Law & Education,  Louisville;  University of Louisville School of Law.  41, 363;  Louisville;  University of Louisville School of Law;  (2012). 


James T. R. Jones

Severe Mental Illness, Stigma, and the Value of Treatment.  Bar Briefs,  (August 2012):  pp. 24-25.  Louisville:  Louisville Bar Association (2012). 


Karen Jordan

Recovering Subsidiarity in Family Life Education.  William & Mary Journal of Women and the Law,  (2012). 


David Leibson

Kentucky Practice, Volume 13, Tort Law, (2nd ed., Thomson/West Publishing Co., 2012 Pocket Part).


Ariana Levinson

Toward a Cohesive Interpretation of the Electronic Communications Privacy Act for the Electronic Monitoring of Employees.  West Virginia Law Review,  Morgantown;  West Virginia University College of Law.  114, 461;  (2012). 


Virginia Mattingly

“Researching Family and Local History in Digital Collections,” (with Metzmeier) Kentucky Ancestors, Summer 2012, at 173-179.

Laura McNeal

Teacher Unions and No Child Left Behind Reconstitution: The Calm Before the Storm,” 22.6 J. of Sch. Leadership 1109 (2012).

“A League of Their Own, Urban School Principal’s Rejoinder to NCLB Law,” Urban Schools:  Critical Issues and Solutions for Achievement (with Dunbar) (James Moore & Chance Lewis eds., 2012).

“From the Courtroom to the Schoolhouse: Recent Advancements in School Law and Implications for School Leadership,” J. of Sch. Leadership (Special Issue) 1 (Mark Gooden and Laura McNeal, eds. 2012)


Kurt Metzmeier

“Researching Family and Local History in Digital Collections,” (with Virginia Smith) Kentucky Ancestors, Summer 2012, at 173-179.

Kentucky Legal Research.  (Edition September 2012),  Legal Research Series;  Durham:  Carolina Academic Press.  1  176  (2012) (with Hilyerd & Ensign)


Luke Milligan

“The Real Rules of "Search" Interpretations,”  William & Mary Bill of Rights Journal,  Williamsburg;  College of William & Mary.  21, 1;  (2012). 


Rick Nowka

“Twenty Questions About an Individual Debtor's Name Under Amended Article 9 Section 9-503(a)(4) Alternative A.”  William & Mary Business Law Review,  Williamsburg;  College of William and Mary.  3, 139;   (2012). 


Cedric Merlin Powell

“Harvesting New Conceptions of Equality: Opportunity, Results, and Neutrality.”  St. Louis University Public Law Review,  St. Louis;  St. Louis University.  XXXI(2): 225-332.; (2012). 

“Identity, Liberal Individualism, and the Neutral Allure of Post-Blackness.”  The Green Bag,  Arlington;  George Mason University School of Law.  15(3): 341-354.;  (2012). 

“From Louisville to Liddell: Schools, Rhetorical Neutrality, and the Post-Racial Equal Protection Clause.”  Washington University Journal of Law and Policy,  153-180 St. Louis;  Washington University School of Law.  40 St. Louis;  Washington University School of Law;  (2012).


Tracey Roberts

"Voluntary Standards, Certification and Labeling Systems: Enhancing Efficiency Through Trade of Entitlements"  (Chapter Number 3);  In:  Anonymous,   Market Instruments and Sustainable Economy.  Madrid:  Instituto de Estudios Fiscales.  (pp. 343-348).   (2012). 


Laura Rothstein

Disabilities and the Law.  (with Julia Irzyk) (Spring 2012)  St. Paul:  West Group. 

Disabilities and the Law.  (with Julia Irzyk) (Fall 2012) St. Paul:  West Group.  

“Reflections from an Era of Breaking Glass--1984-1998.”  UMKC Law Review,  Kansas City;  University of Missouri-Kansas City.  80(3): 757-769.;   (2012). 

“Litigation over Dismissal of Faculty with Disabilities.”  Accommodating Faculty Members,  2012,  pp. 40-42.  AAUP (2012). 


Mark Rothstein

Occupational Safety and Health Law.  St. Paul:  West Group.  1747  (2012).

Cases and Materials on Employment Law (7th ed.); 2012 Supplement. New York: Foundation Press. (pp. 1-77) (2012) (with Liebman)

"Supplement to Employment Law Treatise"; In:  Employment Law.  St. Paul:  West Group.  (pp. 1-82).   (2012). (with Craver, Schroeder & Shoben)

"Occupational Health Law" (Chapter Number 2); In: T.L. Guidotti (Ed.),   Occupational Health Services: A Practical Approach.  (Edition 2d); Oxford: Routledge.  (pp. 36-46).   (2012). 

"Protecting Privacy in Genetic Research on Alcohol Dependence and Other Addictions" (Chapter Number 3); In:  A. Chapman (Ed.),   Genetic Research on Addiction: Ethics, the Law, and Public Health. Cambridge: Cambridge University Press.  (pp. 84-96).   (2012). 

“Informed Consent in Pharmacogenomic Research and Treatment” (Chapter Number 8); In: R.B. Altman, D. Flockhart, and D.B. Goldstein (Eds.), Principles of Pharmacogenetics and Pharmacogenomics. Cambridge: Cambridge University Press. (pp. 74-80). (2012).

“Health Information Technology and Physicians' Duty to Notify Patients of New Medical Developments.”  Houston Journal of Health Law & Policy, 12(1): 93-136.; Houston; University of Houston; (2012). 

“The Case Against Precipitous, Population-Wide, Whole-Genome Sequencing,”  Journal of Law, Medicine & Ethics, 40(3): 682-689.; Boston: American Society of Law, Medicine and Ethics; (2012). 

“Access to Sensitive Information in Segmented Electronic Health Records,”  Journal of Law, Medicine & Ethics, 40(2): 394-400. Boston: American Society of Law, Medicine and Ethics.  (2012). 

“The Future of Public Health Ethics.” American Journal of Public Health, 102(1): 9. Washington, DC: American Public Health Association. (2012).

“Disclosing Decedents’ Research Results to Relatives Violates the HIPAA Privacy Rule.” American Journal of Bioethics, 12(10): 16-17. London: Taylor & Francis. (2012).

“Presidential Commission’s Report on Whole-Genome Sequencing and Privacy: A Missed Opportunity.” Gene Watch, 25(5): 15-16. Boston: Council for Responsible Genetics. (2012). 


Shelley Santry

“Penny Wise but Pound Foolish in the Heartland: A Case Study of Decriminalizing Domestic Violence in Topeka, Kansas.”  Journal of Family Studies,  Salt Lake City;  University of Utah.  14(2): 223-244.;  Salt Lake City;  University of Utah;  (2012). 


JoAnne Sweeny

“Emotional Editing.”  Perspectives:  Teaching Legal Research & Writing (20):109-111 (2012) (online publication)


Enid Trucios-Haynes

“Recommitment to Language Access:  The U.S. Attorney General’s New Directive for Title VI Compliance,” Kentucky Bar Journal (Spring 2012).


Manning Warren

“The U.S. Securities Fraud Class Action: An Unlikely Export to the European Union.  Brooklyn Journal of International Law,”  Brooklyn;  Brooklyn Law School.  37(3): 1075-1114.;  Brooklyn;  Brooklyn Law School;  (2012). 

Business Enterprises: Legal Structures, Governance and Policy.  (Edition 2d),  Irvine:  Lexis/Nexis.  (2012). (with Branson, Heminwy, Loewenstein & Steinberg)


Russell Weaver

Criminal Procedure Investigation: Cases, Problems & Exercises.  (Edition 5th),  St. Paul:  Thomson/West.  (2012). (with Burkoff, Lively, Hancock, Hoeffel, Singer & Friendland)

Understanding the First Amendment.  (Edition 4th),  (LexisNexis)  (2012). (with Lively)

From Gutenberg to the Internet: Free Speech, Advancing Technology and the Implications for Democracy.  Carolina Academic Press.  (2012). 

Constitutional Law:  Cases, Materials & Problems 2012 Supplement (Aspen) 

 (with Friedland, Hancock, Lively & Scott)

 First Amendment:  Cases, Materials & Problems 2012 Supplement (Lexis Nexis) (with Hancock, Lively & Scott)

 Criminal Procedure:  Cases, Problems & Exercises 2012 Supplement (Thomson/West) (with Abramson, Bacigal, Burkoff, Lively & Hancock)

Principles of Criminal Procedure.  (Edition 4th),  Concise Hornbook Series;  St. Paul:  Thomson/West.  (2012). (with Abramson)

 “The Fourth Amendment, Privacy and Advancing Technology.”  Search and Seizure Law Report,  39,  (6):  pp. 45-52.  St. Paul:  West (2012). 

“British Defamation Reform: An American Perspective,” 63 N. Ireland L.Q.  97-117 (2012) (published as part of the Queens University (Belfast, N. Ireland) symposium on defamation).

Privacy in a Digital Age,” published in D. Doerr & U. Fink, The Right to Privacy - Perspectives from Three Continents ___ (De Gruyter 2012) (to be published as part of the Privacy Discussion Forum papers). (with Parlett & Cole)


Gutenberg and Mass Communication, published in D. Doerr & U. Fink, Brandeis meets Gutenberg German-American Conversations on Law 1991-2011: Öffentliches und Internationales Recht Band ___ (Peter Lang 2012) (to be published as part of the celebration of the Mainz-Louisville faculty exchange relationship). 


“Foreword: Honoring and Remembering the Johannes Gutenberg Faculty of Law -University of Louisville Louis D. Brandeis School of Law Exchange Relationship,”published in D. Doerr & U. Fink, Brandeis meets Gutenberg 


German-American Conversations on Law 1991-2011: Öffentliches und Internationales Recht Band ___ (Peter Lang 2012) (to be published as part of the celebration of the Mainz-Louisville faculty exchange relationship). (with Klein, Doerr & Fink)


The Fourth Amendment, Privacy & Advancing Technology, 39 Search & Seizure L. Report 1-8 (June, 2012).


Democracy in an Internet Era, Aix Law Club Newsletter (June, 2012).