Latest News

Lawlapalooza Student Band of the Day: The Grateful Decedents

The Grateful Decedents, playing rock, reggae rock, blues rock, funk rock, classic rock, and ragnarok, feature 3Ls Greg Daly on vocals and Mina Khalil on electric guitar and vocals. The five musicians from the Louisville area started a band just to play Lawlapalooza this year.

Once onstage, the virtuosity of each member – the vocal prowess of Greg Daly, the face-melting techniques of guitarists Mina Khalil and Carl Koontz, the hard-hitting basslines of Darren Beckham, and the earthquaking kicks 'n snares courtesy of Jordan Daly – will fuse into a single entity and fill your ears with the truth. You will surely doubt whether you have ever truly used your ears before that moment.

And then, once their set is over, each member will slowly fade into transparency like Marty McFly and disappear into the ether forever, never to be seen again.

Come out to Lawlapalooza 2014 at the Phoenix Hill Tavern, 644 Baxter Avenue, and support your fellow students ‒ and help them carry away the cherished Lawlapalooza Cowbell Trophy. Doors open at 6:00 PM, and The Grateful Decedents perform at 9:30. Tickets are on sale now in the Law Resource Center, room 272, $10 advance and day of show.

Lawlapalooza Student Band of the Day: The Perpetual Motions

The Perpetual Motions, performing Thursday night at Lawlapalooza, feature 3L Emily DeVuono on bass and vocals. The band (aka The Joyful Spirits) officially formed in 2011. Comprised of members of Jeffersontown Christian Church, they originally played mostly jazz arrangements of traditional hymns. Now their repertoire consists of anything from Bon Jovi, to Queen, to The Eagles, to The Jackson Five. The Perpetual Motions have played the past several years at AIDS Interfaith Ministries of Kentuckiana's annual pizza fundraiser at Clifton's Pizza (as well as other AIDS Interfaith Ministries events), and has played the past two years at the Middletown Festival.

Come out to Lawlapalooza 2014 at the Phoenix Hill Tavern, 644 Baxter Avenue, and support your fellow students ‒ and help them carry away the cherished Lawlapalooza Cowbell Trophy. Doors open at 6:00 PM, and The Perpetual Motions perform at 7:30. Tickets are on sale now in the Law Resource Center, room 272, $10 advance and day of show.

Law Library to close at 4pm on Friday, October 17

The University of Louisville has scheduled a Homecoming Parade starting at 5:30 p.m. on Friday, October 17.  The route will be from Cardinal Town to the Speed School parking lot, meaning that 3rd Street and Eastern Parkway will be closed at some time before the parade and that some parking lots will have to be evacuated. In order to allow our patrons time to clear the area, the Law Library will close at 4:00 p.m.

Exam4 for Fall 2014 Final Exams Available Monday, Oct. 13

Exam4 for all remaining exams this semester will be available for download, installation and testing beginning Monday, October 13, 2014.  All previous versions have expired and will no longer run.  One important change for Mac users: 32-bit versions of OS 10.6 (Snow Leopard) are no longer supported; 64-bit versions are supported.

Check the Daily Docket beginning Monday for complete details.

Faculty Publications in 2013

 Jamie Abrams

Distorted and Diminished Tort Claims for Women.  Cardozo Law Review,  New York;  Benjamin N. Cardozo School of Law.  34(5): 1955-1997;  (2013).

Enforcing Masculinities at the Borders.  Nevada Law Journal,  Las Vegas;  University of Nevada-Las Vegas School of Law.  13(2): 564-584;  (2013).

"Migrating and Mutating Masculinities in Institutional Law Reforms"  (Chapter Number 10);  In: M.A. Fineman & M. Thomson (eds.),  Exploring Masculinities: Feminist Legal Theory Reflections. United Kingdom:  Ashgate Press.   (2013).

Leslie Abramson

Civil Procedure Forms, Kentucky Practice Series, 2013 Pocket Part for volumes 11

& 12 (2d ed. West).

 

Criminal Practice and Procedure, Kentucky Practice Series, 2013 Supplement for volumes 8 &

9 (5th ed. West).

 

Substantive Criminal Law, Kentucky Practice Series, 2013 Supplement for volume 10 (3d ed.

West).

 

Acing Professional Responsibility. (Edition 2d),  St. Paul:  West Group.  (2013).

 

Quick Review: Criminal Procedure.  (Edition 2d),  St. Paul:  West Group.  (2013).

Criminal Procedure: The Post-Investigative Process, 2013 Supplement (3d ed. West). (with Cohen & Adelman).

Criminal Procedure: Cases, Problems & Exercises 2013 Supplement (Thomson/West). (with

Bacigal, Burkoff, Lively, Hancock & Weaver).

 

Craig Anthony (Tony) Arnold

Adaptive Law and Resilience.  The Environmental Law Reporter,  Washington, D.C.;  Environmental Law Institute.  43(5): 10426-10443;  (2013). (with Gunderson).

Peter Scott Campbell

Democracy v. Concentrated Wealth: In Search of a Louis D. Brandeis Quote.  The Green Bag,  Arlington;  George Mason University School of Law.  16(3): 251-256;  (2013).

John Cross

“Evidentiary Privileges in International Intellectual Property Practice”; In: Proceedings of the AIPLA/FICPI/AIPPI Conference on Privileges. Paris: France.  (pp. 1-21).  (2013). (Paper presented at the AIPLA/FICPI/AIPPI Conference on Privileges).  

"Remedies for Misappropriation of Negative Secret Information"  (Chapter Number 10);  In: K. Weckstrom (ed.),  Governing Innovation and Expression: New Regimes, Strategies and Techniques. Finland:  University of Turku Press.  (pp. 259-272).  (2013).

Torts: Cases, Materials, Problems & Exercises. (Edition 4th),  Dayton:  LexisNexis.  (2013). (with Bauman, Klein, Martin, Weaver & Zweir).

Susan Duncan

Family Group Conferencing: A Pilot Project within the Juvenile Court System in Louisville, Kentucky.  The Prevention Researcher,  Eugene;  Integrated Research Services, Inc.  20(1): 11-14;  (2013). (with Dickie).

David Ensign

Classroom Guidelines as Addressed in the Georgia State University Case.  Kentucky Libraries,  Frankfort;  Kentucky Libraries.  77(1): 20-22;  (2013).

Copyright and Collection Control.  Kentucky Libraries,  Frankfort;  Kentucky Libraries.  77(2): 10-11;  (2013).

The Internet and Public Domain.  Kentucky Libraries,  Frankfort;  Kentucky Libraries.  77(4): 10-11;  (2013).

Personal Liability for Work-Related Copyright Infringement.  Kentucky Libraries,  Frankfort;  Kentucky Libraries.  77(3): 24-25;  (2013).

Judith Fischer

Be Direct. Bench & Bar,  Frankfort; Kentucky Bar Association.  77: 32-33;  (July 2013). 

Is It Good or Bad to Repeat Words? Bench & Bar, Frankfort; Kentucky Bar Association.  77: 23;  (January 2013). 

The Supreme Court and Gender-Neutral Language: Splitting La Difference. Women's Rights Law Reporter, Newark; Rutgers School of Law.  33(2): 218-243;  (2013). 

Grace Giesel

The Attorney-Client Relationship and the Age of Technology. Mississippi College Law Review, Jackson; Mississippi College School of Law.  32(2): 319-344;  (2013).

James T.R. Jones

Intestate Inheritance and Stepparent Adoption: A Reappraisal. Real Property, Trust and Estate Law Journal, Chicago; American Bar Association.  48(2): 327-352;  (2013). 

The Aging Mentally Ill: Ensuring Adequate Mental Health Care. International Journal of Aging & Society, Champaign; Common Ground Publishing.  3(1): 31-41;  (2013). (with Richardson). 

Ariana Levinson

What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims. University of Michigan Journal of Law Reform, Ann Arbor; University of Michigan School of Law.  46(3): 789-862;  (2013). 

Virginia Mattingly

Internet Reviews: RIP Google Reader.  Kentucky Libraries,  Frankfort;  Kentucky Libraries.  77(2): 4-6;  (2013).

Laura McNeal

Total Recall: The Rise and Fall of Teacher Tenure. Hofstra Labor and Employment Law Journal, Hempstead; Hofstra University School of Law.  30(2): 489-510;  (2013). 

 “Legal Issues for Diverse and Equitable Schools, Handbook of Educational Leadership”  (Chapter Number 25);  In: L.C. Tillman & J.J. Scheurich, Handbook of Research on Educational Leadership for Equity and Diversity. New York:  Routledge.  (pp. 579-596).  (2013).   (with Gooden).

Kurt Metzmeier

Book Review: The Law In Postcards & Ephemera 1890-1962. Legal History & Rare Books, Clark; The Lawbook Exchange, Ltd.  19(1): 54-55;  (2013). 

Books for Litigators and Other Oddities. Louisville Bar Briefs,  Louisville; Louisville Bar Association.  13: 19;  (June 2013).

Is that a Copier in Your Pocket? Using Your Smartphone for Smarter Legal Research and Practice. Louisville Bar Briefs,  Louisville; Louisville Bar Association.  13: 18;  (September 2013). 

Not Too Taxing: Researching Federal Tax Law with Free Resources. Louisville Bar Briefs,  Louisville; Louisville Bar Association.  13: 18;  (March 2013). 

The Old Man of the Internet: Thomas.gov and the Promise of Online Legislative Research FulfilledLouisville Bar Briefs,  Louisville; Louisville Bar Association.  13: 15;  (December 2013). 

Luke Milligan

Concreteness Drift and the Fourth Amendment. Mississippi Law Journal, University; University of Mississippi School of Law.  82(5): 891-909;  (2013). 

Hugo's Trumpet. Bench & Bar,  Frankfort; Kentucky Bar Association.  77: 7-9;  (March 2013). 

Richard Nowka

Mastering Secured Transactions: UCC Article 9. (Edition 2d),  Durham:  Carolina Academic Press.  (2013).

 

Cedric Powell

Critiquing Neutrality: Critical Perspectives on Schools, the First Amendment, and Affirmative Action in a "Post-Racial" World. University of Louisville Law Review, Louisville; University of Louisville School of Law.  52(1): 105-111;  (2013). 

 

Anibal Rosario-Lebron

For Better and For Better: The Case for Abolishing Civil Marriage. Washington University Jurisprudence Review, St. Louis; Washington University School of Law. 5(2): 189-256;  (2013).

 

Disability Discrimination Law: The Impact on Legal Education and the Legal Profession.    University of Louisville Law Review, Louisville; University of Louisville School of Law.       51(3): 429-433;  (2013).

Laura Rothstein


Disability Discrimination Law: The Impact on Legal Education and the Legal Profession.
    University of Louisville Law Review, Louisville; University of Louisville School of Law.       51(3): 429-433;  (2013).

 

New Legal Questions About Disability Demand Colleges’ Attention. The Chronicle of Higher Education, Washington D.C.; The Chronicle of Higher Education. (August 6, 2013) (accessible at: http://chronicle.com/article/New-Legal-Questions-About/140787/?cid=at&ut... website).

Disabilities and the Law.  (Spring 2013),  St. Paul:  Thomson/West.  (4th ed. 2013). (with Irzyk).

Disabilities and the Law.  (Fall 2013),  St. Paul:  Thomson/West.  (4th ed. 2013). (with Irzyk).

Special Education Law.   (Spring 2013),  Thousand Oaks:  Sage.  (5th ed. 2013). (with Johnson).

 

Disability Law:  Cases & Materials, 2013 Supplement (5th ed. LEXIS). (with McGinley). 

Mark Rothstein

Cases and Materials on Employment Law (7th ed.), 2013 Supplement. Eagan: Foundation Press. (pp. 1-157).  (2013). (with Liebman & Yuracko).

Does Consent Bias Research.  American Journal of Bioethics,  London;  Taylor & Francis Journals.  13(4): 27-37;  (2013).

Epigenetic Exceptionalism. Journal of Law, Medicine & Ethics, Boston: American Society of Law, Medicine and Ethics.   43(3): 733-736;  (2013).

Ethical Research and Minorities. American Journal of Public Health,  Washington D.C.;  American Public Health Association.  103(12): 2118;  (2013).

Genetic Discrimination in Employment Is Indefensible. Hastings Center Report,  Garrison;  The Hastings Center.  43(5): 3-4;  (2013).

Should Researchers Disclose Results to Descendants?  American Journal of Bioethics,  London;  Taylor & Francis Journals.  13(10): 64-65;  (2013).

HIPAA Privacy Rule 2.0. Journal of Law, Medicine & Ethics,  Boston: American Society of Law, Medicine and Ethics.  41(2): 525-528;  (2013).

“Legal and Ethical Implications of Epigenetics”  (Chapter Number 14);  In: R. L. Jirtle & F. L.  Tyson (eds.),  Environmental Epigenomics in Health Disease.  New York:  Springer.  (pp. 297-308). (2013).

Occupational Safety and Health Law (2013 ed.).  St. Paul: West Group.

Should Researchers Disclose Results to Descendants?  American Journal of Bioethics,  London;  Taylor & Francis Journals.  13(10): 64-65;  (2013).

An Unbiased Response to the Open Peer Commentaries on Consent Bias.  American Journal of Bioethics,  London;  Taylor & Francis Journals.  13(4): W1-W4;  (2013).

Recommendations for Returning Genomic Incidental Findings? We Need to Talk!  Genetics in Medicine,  Bethesda;  American College of Medical Genetics and Genomics.  15(11): 854-859;  (2013). (with Burke, Antomarria, Bennett, Botkin, Clayton…and Zimmern).

Employment Law Treatise, 2013 Supplement (4th ed. West Group). (with Craver, Schroeder & Shoben).

“Genetics: Practical Applications in Adult Patient Care”  (Chapter Number 171);  In: M. Murray et al. (eds.),  Genetic Privacy.  New York:  McGraw-Hill.  (pp. 834-835). (2013). (with Harrell).

Ethical, Legal and Social Implications of Incorporating Genomic Information into Electronic Health Records.  Genetics in Medicine,  Bethesda;  American College of Medical Genetics and Genomics.  15(10): 810-816;  (2013). (with Hazin, Brothers, Mallin, Koenig, Sanderson…and Julio).

Premature Guidance About Whole Genome Sequencing.  Personalized Medicine, London; Future Medicine Ltd.  10(6): 523-526;  (2013). (with Ross).

Mandatory Extended Searches in All Genome Sequencing: "Incidental Findings," Patient Autonomy, and Shared Decision Making.  Journal of American Medical Association, Chicago; American Medical Association.  310(4): 367-368;  (2013). (with Ross & Clayton).

Lars Smith

“Trade Secrets in Franchising”  (Chapter Number 4);  In: A. Meiklejohn (ed.), Franchising: Cases, Materials, and Problems. Chicago:  American Bar Association.  (pp. 147-183).  (2013). 

“Trade Secrets in Franchising”  (Chapter Number 4);  In: A. Meiklejohn (ed.), Franchising: Cases, Materials, and Problems Teachers Manual. Chicago:  American Bar Association.  (pp. 31-42).  (2013).

  “Trademark Law”  (Chapter Number 2);  In: A. Meiklejohn (ed.), Franchising: Cases, Materials, and Problems. Chicago:  American Bar Association.  (pp. 27-88).  (2013).

 “Trademark Law”  (Chapter Number 2);  In: A. Meiklejohn (ed.), Franchising: Cases, Materials, and Problems Teachers Manual. Chicago:  American Bar Association.  (pp. 1-17).  (2013).

Mastering Trademark and Unfair Competition LawDurham:  Carolina Academic Press. 

(2013). (with Gibbons).

 

JoAnne Sweeny

Creating a More Dangerous Branch: How the United Kingdom's Human Rights Act Has Empowered the Judiciary and Changed the Way the British Government Creates Law.  Michigan State International Law Review,  East Lansing;  Michigan State University College of Law.  21(2): 301-335;  (2013).

Sexting and Freedom of Expression: A Comparative Approach.  Kentucky Law Journal,  Lexington;  University of Kentucky College of Law.  102(1): 103-146;  (2013).

Russell Weaver

Free Speech and Media in an Internet Era: Papers from the Free Speech Discussion Forum. Durham:  Carolina Academic Press.  (2013). (with Walker, eds.).

Remedies and Property.  France:  U. Aix-Marseille Press  (2013). (with Lichere, eds.).

Administrative Searches, Technology and Personal Privacy.  William & Mary Bill of Rights Journal,  Williamsburg;  College of William & Mary. 22(2): 571-600;  (2013).

“Enforcement of British Libel Judgments: An American Perspective”  ;  In: D. Capper (ed.),  Modern Defamation Law: Balancing Reputation and Free Expression.  United Kingdom:  Queen’s University Press.  (pp. 93-114). (2013).

From Gutenberg to the Internet: Free Speech, Advancing Technology, and the Implications for Democracy. Durham:  Carolina Academic Press.  (2013).

“Is U.S. Law Definable?  The Great Divide Between the U.S. and Europe”  ; In: P. Mbongo, Contemporary American Law: Identity, Mutations & Debates.  France: U. Poitiers Press.  (2013). (published as part of the papers from the University of Poitier’s symposium on Contemporary American Law: Identity, Mutations & Debates).

NSA Revelations Worth Risk: Debate on Freedoms is One We Must Have, The Courier-Journal, Forum Section (July 4, 2013).

President Obama's Open Government Initiative.  University of Paris I (Sorbonne) Review,  France;  Pantheon-Sorbonne University. (2013).

Privacy in an Age of Advancing Technology.  Mississippi Law Journal, University; University of Mississippi School of Law.  82(5): 975-996;  (2013).

 Criminal Procedure: Cases, Problems & Exercises 2013 Supplement (Thomson/West). (with

Abramson, Bacigal, Burkoff, Lively & Hancock).

 

Torts: Cases, Materials, Problems & Exercises. (Edition 4th),  Dayton:  LexisNexis.  (2013). (with Bauman, Cross, Klein, Martin, & Zweir).

Criminal Procedure: Cases, Problems & Exercises. (Edition 5th),   St. Paul:  Thomson/West.  (2013). (with Burkoff, Lively, Hancock, Hoeffel, Friedland & Singer).

Criminal Procedure: Cases, Problems & Exercises: Adjudicative Processes (Edition 5th),   St.

Paul:  Thomson/West.  (2013). (with Burkoff, Lively, Hancock, Hoeffel, Friedland & Singer).

 

“Teaching & Learning in the United States: New Paradigms & Approaches”  ; In: P. Mbongo, Contemporary American Law: Identity, Mutations & Debates.  France: U. Poitiers Press.  (2013). (with Ciolino, Kelley & Millon) (published as part of the papers from the University of Poitier’s symposium on Contemporary American Law: Identity, Mutations & Debates).

The Creation of Transnational Administrative Structures Governing Internet Communication.  Missouri Law Review,  Columbia;  University of Missouri School of Law. 78(1): 527-552;  (2013). (with Fairgrieve & Lichere).

Constitutional Law: Cases, Materials, and Problems. (Edition 3d),  New York:  Wolters, Kluwer Law & Business.  (2013). (with Friedland, Hancock, Fair, Knechtle, & Rosen).

Constitutional Law:  Cases, Materials & Problems 2013 Supplement (Aspen). (with Friedland, Hancock, Lively & Scott).

“The Law of Private Nuisance: French and American Perspectives”  (Chapter); In: R.L. Weaver & F. Lichere (eds.), Remedies and Property. France:  U. Aix-Marseille Press.  (pp. 9-42).  (2013). (with Gil, Parachia & Lichere).

First Amendment:  Cases, Materials & Problems 2013 Supplement (Lexis Nexis) (with Hancock, Lively & Knechtle)

The Remedy of Certiorari: French and U.S. Perspectives.  Stetson Law Review,  Gulfport;  Stetson University College of Law. 42(2): 615-636;  (2013). (with Lichere).

Criminal Procedure: Cases, Problems & Exercises: Investigative Processes (Edition 5th),   St.

Paul:  Thomson/West.  (2013). (with Burkoff, Lively, Hancock, Hoeffel, Friedland & Singer).

 

Teaching Remedies as a Capstone Course.  Saint Louis University Law Journal,  St. Louis;  Saint Louis University School of Law. 57(3): 609-630;  (2013). (with Partlett).

“Can Newspapers Survive in an Internet Era?”  (Chapter Number 1);  In: C. Walker & R.L. Weaver (eds.), Free Speech and Media in an Internet Era. Durham:  Carolina Academic Press.  (pp. 3-25).  (2013). (with Bennett).

 “U.S. Legal Education: Headwinds and Effects of the Financial Crisis”  ; In: P. Mbongo, Contemporary American Law: Identity, Mutations & Debates.  France: U. Poitiers Press.  (2013). (with Wells) (published as part of the papers from the University of Poitier’s symposium on Contemporary American Law: Identity, Mutations & Debates).  

 

 

 

 

Faculty Publications and Impact 2014

Twenty-three faculty members published approximately 98 works in 2013 on topics including professional responsibility, privacy, free speech, trademark, copyright, remedies, employment law, mental illness, disability discrimination and affirmative action. The scholarship that the faculty is publishing is making significant impacts in at least three ways.  There are three types of impact.

  • First, faculty members are influencing knowledge and ideas, as reflected by citations to their scholarship and invitations to speak in national and international scholarly forums.  
  • Second, faculty members are prominent experts who are involved in efforts to reform law and public policy.  
  • Third, faculty scholarship leads to opportunities for faculty to serve on local, regional, and national projects that benefit the community and to contribute their expertise to these public-service projects.   

 

Of course, often publications have more than one type of impact, but the following summarizes the key impact of recent faculty works.

Scholarship That Influences Knowledge and Ideas:

as reflected by citations to their scholarship and invitations to speak in national and international scholarly forums.  

 

A series of publications by Professor Tony Arnold from 2011 to 2014 on the emergence of adaptive legal systems for social-ecological resilience have generated great interest my scholars in many disciplines.  His scholarship was the organizing focus of a symposium at the University of Missouri (Columbia) entitled “Environmental Law 4.0: Adaptive and Resilient,” for which Arnold was the keynote speaker.  Based on these works, he was selected as Scholar of the Month by the University of North Carolina Center for Law, Environment, Adaptation, and Resources (CLEAR) for January 2014, and was invited to apply his ideas to water law for a Kansas Law Review symposium and to the concept of resilient cities for both an Idaho Law Review symposium and a series of Biophilic Cities blog posts at the University of Virginia. He was invited to be a core team member for an multi-university, multi-disciplinary research project on adaptive water governance, funded by the National Science Foundation, and to be one of two lead presenters for a panel on “The Law of Resilient Cities” to be held at the 2015 Annual Meeting of the Association of American Law Schools and co-sponsored by the Environmental and State and Local Government Law sections.  Throughout his career, Arnold’s scholarship has been cited over 2,000 times, not only quoted and discussed by prominent scholars in many disciplines but also used by diverse entities like the U.S. Environmental Protection Agency, the Kentucky Division of Forestry, the Government of India’s Ministry of Water Resources, the World Bank, the Ohio Homebuilders Association, the U.S. Chamber of Commerce, the National Association of City and County Health Officials, the Sierra Club, the American Planning Association, local neighborhood and watershed groups, and many others.  His recent work on resilient cities is fast getting attention , e.g., his latest article "Resilient Cities and Adaptive Law" has been on several top-ten download lists in a number of different fields on SSRN during summer 2014.

Professor John Cross was invited to serve as a member of the International Advisory Board of the International Review of Law Computers and Technology.  The International Review, published in the United Kingdom, is the oldest publication in the field of computer technology law.  It is distributed in 94 nations.  Cross is an international expert in intellectual property.

 

Professor Judith Fischer was invited to join a panel at the 2014 National Legal Writing Conference in Philadelphia, where she presented her scholarship on the use and effects of student ratings.  Her scholarship has been downloaded more than 5250 times from the Internet and cited more than 190 times in scholarly publications.

Professor Grace Giesel uses her considerable expertise on professional responsibility and ethics in her publications and presentations.  In March of 2013, she presented on this issue at the Mississippi School of Law as part of a symposium in Ethics 20/20:  The Future ofProfessional Responsibility.  She also presented many CLE hours on ethics to attorneys in Louisville and beyond.

 

Professor Jim Jones and student Elizabeth Richardson (’14) were invited to speak on mental health care laws and policies and their effects on aging baby boomers as the International Conference on Aging and Society in November 2013.  The American Bar Association Commission on Disability Rights featured Professor Jones on its website in October 2013 for his distinguished scholarship and advocacy regarding issues of mental health in the legal profession, including an autobiographical study of his own experiences with mental illness while achieving success as a teacher and scholar.

 

Two articles by Professor Ariana Levinson have received substantial attention.  Her article What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims. Published in the University of Michigan Journal of Law Reform 46(3): 789-862;  (2013) was selected by blind review by Vanderbilt law school faculty for presentation at the Branstetter New Voices in Civil Justice Workshop at Vanderbilt Law School.  It has been downloaded 209 times on SSRN and was discussed in a funded grant proposal submitted by the Illinois Institute of Technology to the National Academy of Arbitrators.  As a result of this research she was invited to speak at the ABA Dispute Resolution Section annual meeting.    The President of the National Academy of Arbitrators requested a copy of the article in relation to their project for improving “Best Practices” advice for members who hear employment arbitration cases.  It is cited by Aaron L. Nielson, In Defense of Formal Rulemaking, 75 Ohio State L.J. 237 (2014) and multiple times by Charlotte Garden & Nancy Leong, 81 Geo. Wash. L. Rev. 1188 (2013).

 

Her article on Social Media, Privacy, and the Employment Relationship: The American Experience in Spanish Labour Law & Employment Relations Journal (SLLERJ) 2(1):15-31, EISSN: 2255-2081, Madrid, Universidad Carlos III (2013) resulted in an invitation to speak at a workshop at Universidad Carlos II de Madrid.  Social Media, Privacy, and the Employment Relationship:  The American Experience,” Workshop: Electronic Challenges: Regulating Social Networking in the Modern Workplace, Universidad Carlos III de Madrid, December 2012.  She was also invited to present on it at Fordham Law School, where it was recorded for C-SPAN as a panelist on “Employee Online Activity and the Right to Monitor,” Seventh Law & Information Society Symposium:  Privacy and Employment in the Digital Society, Center on Law and Information Policy at Fordham Law School, New York, New York, March 2013, broadcast by C-SPAN and available at http://www.c-spanvideo.org/program/Fordham.  Additionally she was invited to present it at SEALS.  Panelist, “The Merger of Workplace Privacy, Employer Policies, and Technological Innovation,” Southeastern Association of Law Schools Annual            Conference, Palm Beach, Florida, August 2013 and as part of a CLE for the Louisville Bar Association in May 2013.  It has been downloaded172 times on SSRN.  It is cited by AB Munoz Ruiz, Social Networking: New Challenges in the Modern Workplace, Spanish Labour Law & Employment Relations Journal (SLLERJ) 2(1):32-40, EISSN: 2255-2081, Madrid, Universidad Carlos III (2013) and by William A. Herbert, Can’t Escape from the Memory: Social Media & Public Sector Labor Law, 40 N. Ky. L. Rev. 431 (2013).

 

Professor Laura McNeal was invited to give the keynote address at Harvard Law School in April 2014 for the "40 Years After Milliken: Remedying Racial Disparities in Post-Racial Society Conference."  The article based on the presentation will be published in the Harvard Journal on Race and Ethnic Justice.

 

 

Professor Luke Milligan’s research on the original Fourth Amendment within one month of publication the article in the Hastings Law Journal in April 2014 has been assigned in a Criminal Procedure class at the University of Illinois College of Law; it has been the subject of a Federalist Society luncheon in downtown Louisville; and it has been cited by Professor Chris Slobogin of Vanderbilt Law School in an article forthcoming in the Georgetown Law Journal.  It has also lead to an invitation to present his thesis at the University of Michigan Law School in February 2015.  These indicia of prominent attention to Milligan’s recent article are quite rapid by the standards of legal scholarship, where impact can take much longer to develop, thus suggesting that his ideas will be quite influential over time.  In addition, a February 2014 Boston Globe feature on the “modern progressive’s moral conundrum” regarding fetal personhood drew extensively on Milligan’s earlier research on John Rawls and fetal personhood, and quoted Milligan several times.

 

Professor Cedric Merlin Powell was invited to serve as a Plenary Session Speaker at a major 2014 symposium on the meaning of the Brown v. Board of Education decision, held at the Washburn University Center for Law and Government in Topeka, KS, the city from which the Brown case arose.  The symposium critically assessed the landmark case on its 60th anniversary.  Professor Powell’s invitation was a result of his nationally recognized scholarship on critical race theory, structural inequality, and the use of rhetorical neutrality in civil rights cases.  Professor Powell’s scholarship has been cited in numerous scholarly articles and books.  Perhaps most notably, the renowned philosopher Jeremy Waldron cited Professor Powell’s scholarship in the publication of his Oliver Wendell Holmes Lectures at Harvard University, The Harm in Hate Speech (Harvard University Press, 2012).  Professor Powell has established himself as a path-breaking and critical voice on affirmative action, critical race theory, school integration, and the First Amendment.

 

His essay titled Gideon v. Wainwright: Process, Substance, and the Illusion of Fairness  was published in the inaugural online edition of the Louisville Law Review (52 U. Louisville L. Rev. Online 1 (2013), www.louisvillelawreview.org).  This volume of essays won the Kentucky Association of Criminal Defense Lawyers (“KACDL”) Media Award.  The articles were also reprinted in The Advocate, Kentucky Journal of Criminal Justice Education & Research (October 15, 2013). 

Professor Powell was recently invited to publish his work in the Harvard Journal on Race and Ethnic Justice based on a symposium held at Harvard in April 2014.  He was also invited to present his views on neturality in a “post-racial” world for a symposium at Texas A&M in November 2014, focusing on the 50th anniversary of the Civil Rights Act and the 60th anniversary of the Brown decision.

 

Professor Laura Rothstein, not only served 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, but she also was invited to be the 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.  One of her panels was reported on by the July 2014 edition of Campus Legal Advisor:  Interpreting the Law for Higher Education Administrators in an article “Limit fraternity housing liabilities,” which referenced Professor Rothstein’s recommendations about accommodations and architectural barrier issues in fraternity and sorority settings.

 

In addition, Professor Rothstein’s article “Forty Years of Disability Policy in Legal Education and the Legal Profession:  What Has Changed and What Are the New Issues?,” published in 2014 in the American University Journal of Gender, Social Policy & the Law, was  the focal article around which a symposium issue of the journal was organized and from which a call for papers went out to other scholars. One prominent scholar, blogging about this article, wrote; “What Laura doesn't say in her essay -- but I will say here -- is that many if not most of the changes she describes in her essay have happened in large part because she pushed hard for them -- not just in her scholarship but in the trenches -- and often despite fierce opposition from entrenched interests or from equally powerful inertia.  Laura is a law school professor who has made a profound difference in the lives not only of her students, but in society at large.” This paper has been listed for several weeks as an SSRN's Top Ten download list for: Disability Law eJournal.

 

Professor JoAnne Sweeney’s paper proposal, "Balancing Anti-Terrorism Laws and Human Rights in the U.S. and U.K," was chosen as one of the four papers for the International Human Rights panel at the Annual Meeting of the Association of American Law Schools.

 

In one recent article, Professor Russ Weaver focused on the problem of “border searches” and the protection of privacy in border contexts.  R. Weaver, Administrative Searches, Technology & Personal Privacy, 22 Wm. & Mary Bill Rt. J. 571 (2013).  The article was written for an Administrative Law symposium hosted by the William and Mary Bill of Rights Journal.  Historically, customs and immigration officials have exercised very broad authority to search individuals who enter the United States, as well as to examine all of the things that they bring them.  However, the exercise of such broad authority is potentially objectionable if applied to the various electronic devices that individuals now carry across international borders (e.g., laptops, cellphones, ipads, iphones and smart phones).  These devices often contain a great deal of data and information that the individual may prefer to keep private.  So, the question is whether customs officials have an unfettered right to review the data stored on electronic devices, as well as to copy it.  Customs officials have taken the position that electronic devices are no different than anything else, and therefore they have broad authority to review and copy information contained on such devices.  This article questions whether the government’s current attitude is consistent with the Fourth Amendment and traditional notions of privacy.  The article is valuable to policymakers considering the authority of customs officials.

           Much of his scholarly work deals with freedom of expression, and the intersection of speech and technology.  His recently-issued book, R. Weaver, From Gutenburg to the Internet: Free Speech, Advancing Technology and the Implications for Democracy (Carolina Academic Press 2013)), examines the evolution of speech technologies over the centuries, and notes that so-called “gatekeepers” (e.g., newspaper editors and reporters) have historically limited and controlled the ability of ordinary people to engage in mass communication.  The book argues that the development of personal computers (PCs), and the Internet (and, of course, various handheld Internet devices), have transformed communication, and led to dramatic democratic changes all over the world.  From the Arab Spring to the election of President Obama, the Internet has transformed the political process by enabling ordinary people to communicate with each other, and has therefore led to a decline in the importance of the traditional gatekeepers.  In addition, the Internet has led to new forms of news organizations, including online newspapers and blogs.  While there are plenty of problems with Internet communication, the Internet and PCs have moved us much closer to our democratic ideals.

            In another recent article, he deals with the question of whether governments can or should regulate Internet communications.  R. Weaver, Duncan Fairgrieve & F. Lichere, The Creation of Transnational Structures Governing Internet Communication, 78 Mo. L. Rev. 527 (2013).  A number of foreign leaders (e.g., former French President Nicholas Sarkozy and German Chancellor Angela Merkel) have called for Internet restrictions, as well as for international cooperation to impose such restrictions.  Of course, the difficulty is that the ability of the United States to cooperate in imposing such restrictions is limited by the First Amendment to the U.S. Constitution which protects freedom of expression. In this article, the authors analyze free speech differences between the U.S., France and England, and draw conclusions regarding how those differences limit the ability of the three governments to enter into international agreements regulating the Internet. 

Because of his work on these and other topics, he has been invited to give several prestigious lectures and hold courtesy visiting appointments at several universities in Europe, including the University of Aix-Marseille (France), the Institute of the Americas in Paris (France), and the University of Lisbon (Portugal).  He continues to serve as the Executive Director of the Southeastern Association of Law Schools (SEALS).

Scholarship That Results in Becoming Prominent Experts Involved in Efforts to Reform Law and Public Policy

 

Professor Jamie Abrams has participated in drafting and submitting an amicus brief in the Bourke v. Beshear case arguing in support of marriage equality for gays and lesbians.  She is joined by 37 other nationally recognized scholars in family law and constitutional law on this brief.  Her work was recognized by the University of Louisville Multicultural Teaching Award in September 2014.

 

Professor Laura McNeal has worked with the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School since 2012 where she conducts national empirical legal studies that explore the intersection of law, education reform, and school disciplinary policies.  The Office of Civil Rights for the U.S. Department of Education has expressed great interest in the implicit bias study and is monitoring the progress of her research.  If the intervention reduces levels of implicit bias as predicted among school administrators, teachers, staff, and resource officers, the Office of Civil Rights has expressed interest in using the intervention tools in consent decrees and the remedies stage of Title VI lawsuits for schools with disparities in school disciplinary referrals throughout the country.  Thus, the findings of this research study will have national impact on the litigation of Title VI complaints.  

 

Several of Professor Laura Rothstein’s articles were cited  by the Iowa Supreme Court in its June 27, 2014 opinion in Palmer College of Chiropractic v. Davenport Civil Rights Commission.   The Court cited her articles Disability Law and Higher Education:  A Road Map for Where We’ve Been and Where We May be Heading,  63 Md. L. Rev. 122, 142 (2004) and  Health Care Professionals with Mental and Physical Impairments, 41 St. Louis U.L.J. 973, 995 (1997).  The case involved admission of a blind student to a chiropractice school and the Court referenced her work on the importance of making individualized determinations in such cases.

 

Professor Rothstein’s work on mental health history questions in licensing of lawyers has been considered by policymakers in Ohio.  She will be a speaker at the May 2015 ABA Conference on Professional Responsibility on this topic.

 

Professor Mark Rothstein is frequently called upon to provide expertise on a range of bioethics issues.   On April 26, 2013, he testified before Subcommittee on Investigations and Oversight of the House Committee on Energy and Commerce.  The hearing was part of a series of hearings devoted to protected public safety in light of the Newtown shootings in December 2012.  His testimony is available on C-Span.   As a result of his scholarship on epigenetics, he was invited to serve as a member of the Bioethics Workgroup of the International Human Epigenome Consortium, an international collaboration to facilitate epigenome research.  In part as a result of his articles in JAMA and Genetics in Medicine that criticize the American College Genetics and Genome recommendation to return genetic sequence information to patients (regardless of whether they want it), the ACMB modified its recommendation to allow patients to opt out of such disclosures.  He has been interviewed by the media about the ethical issues related to the Ebola outbreak in Africa.  

 

Professor Shelley Santry helped to author the anti-stalking bill before the Kentucky Legislature.

 

 

Scholarship Leading to Service on Local, Regional, and National Projects of Benefit to the Community and Contributing Expertise to Public Service Projects 

 

Professor Jamie Abrams was appointed to the Kentucky Equal Justice Center's Board of Directors.  In recognition of her work, the University of Louisville has named her to receive the Multicultural Teaching Award in fall 2014.

 

As a nationally recognized expert on legal ethics, Professor Grace Giesel authors ethics opinions for the Kentucky Bar Association (KBA) and is a frequent speaker at CLE programs on matters of professional responsibility.  In Fall 2013, she presented the first annual Flexner Forum to the Law School community, on "The Story of Kentucky Bar Association Ethics Opinion 435:  The Ethics of Plea Bargains that Waive Claims of Ineffective Assistance of Counsel."  The opinion was one that she authored and was the subject of a case before the Kentucky Supreme Court, which was argued at the Law School.  She also oversees the Commonwealth’s Hotline system on ethics issues for the Kentucky bar. 

 

Professor Tony Arnold has been invited to serve on the National Advisory Council of The City Project, which is a nationally renowned organization that seeks socially just land-use and environmental conditions in urban areas and is headquartered in Los Angeles.  Arnold’s scholarship on environmental justice and urban planning led to this invitation to advise The City Project.  Arnold was also elected Vice-Chair of the Board of Trustees of The Nature Conservancy, Kentucky Chapter, where his work on ecosystem conservation is useful.

 

Professor Virginia Mattingly was elected President-Elect of the Special Libraries Association's Kentucky Chapter.

 

Professor Luke Milligan is a Commissioner of the Department of Public Advocacy Commission of the Commonwealth of Kentucky, and serves as the inaugural Brandeis Fellow at the Louisville Metro Public Defender's Office in Fall 2014.

Professor Lisa H. Nicholson was appointed to serve on the "Safe and Healthy Neighborhoods' Police Initiatives Workgroup" by Anthony D. Smith, Director for Safe Neighborhoods (Office of Mayor Greg Fischer).  The Workgroup is charged to "Work on building stronger relationships between Louisville Metro Police Department (LMPD) and community members as well as identifying and encouraging implementation of best practices from across the country.”  She also serves as Chair of the "Police-Centered Initiatives Task Group."  This group has been working to develop initiatives and action steps that will assist LMPD officers in better understanding and interacting with members of the community.  Their focus has been on ways to improve community relations, increase interpersonal interactions and address cross-cultural issues, and implicit bias.

 

Professor Cedric Merlin Powell has applied his concepts about racial justice to real-world problems through community engagement and service for many years, including serving as Board Chair of the Transit Authority of River City (TARC) for many years, Board member of the National Institute for Restorative Justice, a member of the ACLU Legal Review Committee, and Commissioner of the Kentucky Department of Public Advocacy.  The Louisville Bar Association presented Powell with its 2014 Trailblazer Award for his leadership on issues of race and justice.

 

In 2014, Professor Laura Rothstein is serving as the Brandeis Fellow working with the Legal Aid Society and the Doctors and Lawyers for Kids program to develop policies and practices for the school system in working with low income children identified as having health problems that relate to special education needs.

 

Professor Mark Rothstein received in 2014 a two year grant from the National Institutes of Health to study international collaborations on health privacy issues. The grant reflects his expertise and reputation on issues of bioethics issues.

 

Professor Enid Trucios-Haynes serves as President of the American Civil Liberties Union of Kentucky.  She is a distinguished expert in immigrant rights, constitutional law, and civil rights and liberties.  She has been named to serve as the Director of the Muhammad Ali Institute at the University of Louisville from 2014 to 2016.  She received the Louisville Bar Association Hispanic Heritage Month Award for Distinguished Service on October 2, 2014.  

 

 

Spring and Summer Course Schedules

Updated spring 2015 and summer 2015 course schedules, course notes and exam schedules are posted on the law school webpage.  Because these schedules are tentative and may be changed before registration opens, please check the webpage for the most recent schedule before registering for classes.

Elder Law spring 2015 course

A course in Elder Law will be offered in spring 2015. Elder Law is a practical course dealing with older folks in the field of elder care law in Kentucky. Understanding how to work with older people will be relevant in almost all areas of law. Some of the topics covered will be basic legal documents for older folks, Social Security, Medicare, Medicaid, Veteran's benefits, living arrangements, health care decision making, ethical issues, guardianship, probate, trusts, and understanding insurance and financial documents. Practical skills taught include how to interview clients and how to run a law practice. The instructors are Bernard Faller, founder of Kentucky ElderLaw, PLLC, and Misty Clark Vantrease and Kelly Gannott, current co-owners of the firm. All three were classmates in the Brandeis class of 2001.  For additional information or to obtain a syllabus, contact Bernard Faller at kyelderlaw@aol.com.

Tax Moot Court Team Tryouts

A national tax moot court competition is held every spring at an exotic location in Florida.  Our law school has competed for more than 25 years and our teams are frequently successful.  We are “in it to win it,” to use a haggard phrase.

Our team will have two members, selected by our three Team coaches:  Professor Blackburn, and adjunct professor/alumni Mark Haun and Laurie McTighe.

The competition consists of a written brief, followed by oral arguments before a mock appellate court.  Real Tax Court judges and tax practitioners serve as the competition judges for both the brief writing and the appellate arguments.

You must have completed one tax course by the end of 2014-fall semester, and be willing to spend a February weekend in sunny Florida, when we still have snow on the ground in Louisville.  Tax focused students are encouraged to tryout, but this is a trial competition and students interested in being litigators have been successful in the past and are also encouraged to tryout.

Tryouts will begin as soon as we have students willing to try out.  Tryouts will end Friday October 10.  If you are interested, please contact Professor Blackburn (tblackburn@louisville.edu, 502-852-6384). 

Lost and Found Inventory Sept. 2014

Lost and found items may be turned in and claimed in the Law Resource Center (Room 272).