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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).

MLK: A Call to Conscience, Deconstructing One of His Greatest Speeches

Don't miss Thursday's Film screening of the Tavis Smiley Reports documentary, MLK: A Call to Conscience, Deconstructing One of His Greatest Speeches from Noon-1:00pm in Room 275.

Journalist Tavis Smiley presents an in-depth look at the speech Dr. King delivered at the Riverside Church in New York City on April 4, 1967—exactly one year before his assassination. In his speech, “A Time to Break Silence,” Dr. King expressed his opposition to the Vietnam War, and linked his opposition to the Civil Rights Movement.

The speech took place just five days after Dr. King spoke to an overflow crowd in the Allen Courtroom at our law school. On February 28, the law school will unveil a permanent display in the entry way to the Courtroom commemorating Dr. King’s visit.

Presented by the Diversity Committee and co-sponsored by BLSA .

 

2014 Selma Moidel Smith Law Student Writing Competition

Sponsor: National Association of Women Lawyers (NAWL)

General criteria: Entrants should submit a paper on an issue concerning women’s rights or the status of women in the law.   Essays will be accepted from students enrolled at any law school during the 2013-14 school year. The essays must be the law student author’s own work and must not have been submitted for publication elsewhere.  Papers written by students for coursework or independent study during the Summer, Fall or Spring semesters are eligible for submission.  Notwithstanding the foregoing, students may incorporate professorial feedback as part of a course requirement or supervised writing project.

Deadline: May 1, 2014

Amount of Award: The author of the winning essay will receive a cash prize of $500. NAWL will also publish the winning essay in NAWL’s Women Lawyers Journal in Fall 2014.

Submission information: See flyer posted outside Room 275.  Questions regarding this competition should be addressed to the chair of the Writing Competition, Professor Jennifer Martin at jmartin@stu.edu.

Reminder: 1L Intro to Lawyering Skills starts Tuesday Jan 21 at 12:30pm

This is a reminder that the first of this year's three Introduction to Lawyering Skills and Professionalism programs wil occur Tuesday, January 21 at 12:30 in Room 275.  This is a mandatory graduation requirement for all students, all 1L students and any 2L students who were absent from this program last year should attend.  

2014 Legal Studies Institute

First- and second-year law students are invited to apply to the 2014 Legal Studies Institute held in Washington, DC from May 22 through August 2.  The Institute offers a 9-week legal internship, a Constitutional Law course for credit, professional development activities, an attorney mentor program, and housing. 

Applications will be reviewed on a rolling basis until March 18.  Students are encouraged to apply by the early deadline of February 6, to receive a 5% discount on tuition.  Scholarship funding is available.  Nominated students receive special admissions and scholarship consideration.  More details on the program may be found at www.DCinternships.org/LSI

2014 Employee Benefits Writing Competition

Sponsor: The American College of Employee Benefits Counsel

Criteria:  Papers must deal with any topic in the field of employee benefits law.  As an illustrative example, a paper might address legal issues involving health benefits, pensions, 401(k) plans, severance, executive compensation, claims, appeals, current or former spouses' or domestic partners' benefits, collectively-bargained benefits, benefits in bankruptcy, ERISA litigation or fiduciary obligations. 

Deadline: June 3, 2014

Amount of award:  Two cash prizes of $1,500 for the top two submissions.  The law students who submit the wining papers will be our honored guests at our annual black tie dinner in Washington, D.C. on October 25, 2014.

Submission information: See competition rules.

Diversity Week @ Brandeis

From Monday, January 20 – Friday, January 24, the law school’s Diversity Committee will host the school’s first-ever Diversity Week. Events will include:

Monday, January 20

Martin Luther King, Jr. Holiday

Tuesday, January 21

“Marriage and Parenting in LGBT Families”

10:25 – 11:40 am in Room 275

Introduction by Prof. Jamie Abrams, with an overview of UofL’s LGBT Center by Brian Buford
Speakers: Nicole Kersting, Bryan Gatewood, Louis Winner
Food provided by the LGBT Center
Co-sponsors: Lambda Law Caucus, LGBT Center

Tuesday, January 21

Film screening of the award-winning documentary We the Owners

4:30 – 5:30pm in Room 275
5:30pm – Post-film discussion with Prof. Lars Smith and McKenzie Cantrell, attorney at law, of the Kentucky Equal Justice Center
Co-sponsor: UofL College of Business

Wednesday, January 22

"Diversity in Action: Legislative Initiatives Impacting Diverse Communities in Kentucky"

11:50am – 12:50pm in Room 275

Speakers: Meg Savage, Kentucky Dating Violence Bill; Emily Whelan Parento, Implementation of Affordable Care Act and impact on health care disparities; Chris Hartman, Fairness Campaign; Tayna Fogle, Voting Rights (HB 70)
Food provided by Louisville Vegan Kitchen
Drinks provided by the Black Law Students Association (BLSA)
Co-sponsor: BLSA

Thursday, January 23

Film screening of the Tavis Smiley Reports documentary, MLK: A Call to Conscience, Deconstructing One of His Greatest Speeches

Noon-1:00pm in Room 275
Co-sponsor: BLSA

Journalist Tavis Smiley presents an in-depth look at the speech Dr. King delivered at the Riverside Church in New York City on April 4, 1967—exactly one year before his assassination. In his speech, “A Time to Break Silence,” Dr. King expressed his opposition to the Vietnam War, and linked his opposition to the Civil Rights Movement.

The speech took place just five days after Dr. King spoke to an overflow crowd in the Allen Courtroom at our law school. On February 28, the law school will unveil a permanent display in the entry way to the Courtroom commemorating Dr. King’s visit.

Friday, January 24

Day of Service

ABA Annual Student Writing Competition

The KBA invites and encourages students currently enrolled at the University of Kentucky College of Law, the University of Louisville Louis D. Brandeis School of Law, and the Northern Kentucky University Salmon P. Chase College of Law to enter the KBA Annual Student Writing Competition. This competition offers these Kentucky legal scholars the opportunity to earn recognition and a cash award. First ($1,000); second ($300), and third place ($200) prizes may be awarded. Entries must be received by June 1, 2014. The first place prize also includes possible publication in the Bench & Bar.

Students may enter their previously unpublished articles. Articles entered should be of interest to Kentucky practitioners and follow the suggested guidelines and requirements found in the “General Format” section of the Bench & Bar Editorial Guidelines at www.kybar.org/103. For inquiries concerning the KBA Annual Student Writing Competition, contact Shannon H. Roberts at sroberts@kybar.org or call (502) 564-3795 ext. 224. Submit entries with contact information to Shannon H. Roberts, Communications Department, Kentucky Bar Association, 514 W. Main Street, Frankfort, KY 40601-1812.

Apply for the Ms. JD Fellowship

Attention 2Ls!  The Ms. JD Fellowship application is now open.  In addtion to receiving financial support and inivtations to ABA and Ms. JD events, each Fellowship winner is paired with a mentor chosen from among the Brent Award Winners and ABA Commission on Women in the Profession Commissioners.   Apply today!

R. Kenyon Meyer Re-Elected to Dinsmore's Board of Directors and Appointed to Executive Committee

Dinsmore & Shohl’s R. Kenyon Meyer has once again been elected to serve on the firm's Board of Directors. Meyer has been a member of the Board since 2011 and has also been appointed to serve on Dinsmore’s Executive Committee.        

Meyer’s extensive litigation experience includes commercial disputes in state and federal courts, wrongful discharge litigation, and trade secrets and restrictive covenant issues on behalf of employees and employers. He represents media entities throughout Kentucky in an advisory capacity and in litigation. Meyer also represents employers and employees in white collar criminal matters, both in the investigation stage and in litigation.

Meyer has been listed in The Best Lawyers in America for Labor and Employment Litigation. He also has been selected for the Kentucky Super Lawyers® List, the Chambers USA Guide to America's Leading Business Lawyers and rated AV in Martindale-Hubbell. Meyer is a Partner in Dinsmore’s Litigation Department. He earned his J.D. from the Brandeis School of Law at the University of Louisville and his B.A. from the University of Notre Dame.

 

About Dinsmore & Shohl

Dinsmore & Shohl is comprised of more than 475 attorneys practicing in 13 cities throughout Ohio, Kentucky, Pennsylvania, West Virginia and Washington, D.C. For more than a century, Dinsmore has provided a broad range of integrated services to meet the needs of both large and small businesses as well as institutions, associations, governments, professional firms and individuals. For more information, please visit www.dinsmore.com.