Faculty Forum, August 2016

Faculty Forum, compiled and written by Teri Baxter, is a monthly feature highlighting the achievements of faculty at UT Law including publications in academia and the media, speaking engagements, interviews, awards, and other accomplishments.


International Legal Ethics Conference

Professors Ben Barton, Lucy Jewel, and Paula Schaefer, and Associate Dean Alex Long recently gave presentations as part of the International Legal Ethics Conference, which was held in July at Fordham Law School in New York. Nearly 400 participants from 60 countries took part in 80 programs during the three-day conference.

  • Barton moderated a panel on “Technology and the Provision of Legal Services to the Poor and Middle Class in the USA and Beyond.”
  • Jewel moderated a panel on “Good T.V., Bad Ethics: Legal Ethics in Contemporary Popular Culture.”
  • Long was part of a panel on “Approaching Free Speech and Lawyer Regulation.”
  • Schaefer moderated a panel on “Technology, Ethics, Professionalism, and Legal Education.

SEALS 2016

UT Law had a strong presence at the 2016 Southeastern Association of Law Schools (SEALS) Annual Conference with numerous faculty members attending and participating.

  • Professor Brad Areheart moderated the Prospective Law Teachers Workshop—Navigating the Hiring Process. Areheart also served as a mentor for the New Scholars Workshop on Corporate & Labor and Employment Law, and as a discussant in the Workshop on Health Law and Workshop on Labor and Employment Law Discussion Group: Top Developments in Disability Law and Policy. In addition, Areheart participated in the Workplace Law Works-In-Progress Series and the Prospective Law Professors Workshop.
  • Professor Ben Barton was the moderator for the Workshop on Professional Responsibility Discussion Group: The Future of Ethics Scholarship: Are We in the End Days or Just Getting Started? Barton was also a mentor for the New Scholars Workshop—Energy and Environmental Law, and a discussant in the Workshop on Legal Education Discussion Group: The Art and Science of Mentoring Law Students. Barton also participated in the Prospective Law Professors Workshop.
  • Professor Zack Buck was part of the Workshop on Health Law Discussion Group: Hot Topics in Health Law and Bioethics.
  • Professor Joan Heminway was the moderator for the Workshop on Business Law Discussion Groups: The Legal Aspects of Small Business Finance in the Crowdfunding Era, and Perspectives on the Future of White-Collar Crime. Heminway was also a discussant in the Sustainability & Sustainable Business Discussion Group; she was a part of the Workshop on Teaching Discussion Group: Strategies for Designing and Integrating Transactional Simulation Capstone Courses into the Curriculum; and she served as a mentor for the New Scholars Workshop on Corporations and Corporate Personhood. In addition, Heminway served as a commentator for the Works-In-Progress Series and she was a discussant for the Workshop on Scholarship, Book Creation Discussion Group: Writing and Publishing a Book. Additionally, she was a part of the Prospective Law Professors Workshop.
  • Professor Becky Jacobs moderated the Workshop on Business Law Discussion Group: Sustainability & Sustainable Business. She also participated in the Prospective Law Professors Workshop.
  • Professor Lucy Jewel was on the panel entitled “When Crisis Hits, Nobody is Safe: Why Status and Security Should Be Everyone’s Concern.”
  • Professor Brian Krumm was a panelist on the Workshop on Legal Education—Preparing Students for Solo and Small Firm Practice panel. Additionally, Krumm was a part of the Workshop on Business Law Discussion Group: The Legal Aspects of Small Business Finance in the Crowdfunding Era.
  • Professor Michelle Kwon was on the Supreme Court Update panel discussing Business, Administrative, Securities, Tax, and Employment Issues. Kwon also participated in the Prospective Law Professors Workshop.
  • Professor Gary Pulsinelli served as a mentor for the New Scholars Workshop on Patent and Copyright Law II.
  • Professor Briana Rosenbaum was a part of the New Scholars Workshop on Litigation and Professional Responsibility.
  • Professor Joy Radice was a panelist for the New Scholars Workshop on Criminal Law, Criminal Procedure, and Immigration.
  • Professor Paula Schaefer served as a mentor for the New Scholars Workshop on Corporate & Labor and Employment Law. Schaefer was also a discussant in the Workshop on Professional Responsibility Discussion Group: The Future of Ethics Scholarship: Are We in the End Days or Just Getting Started?
  • Professor Greg Stein was a part of the Workshop on Legal Education Discussion Group: God Created the World Out of Nothing in Six Days; I’m Only the Academic Dean. He was also a commentator for the Works-in-Progress Series and a discussant for the Workshop on Scholarship, Book Creation Discussion Group: Writing and Publishing a Book. In addition, Stein participated in the Prospective Law Professors Workshop.
  • Dean Melanie D. Wilson was a panelist for the Deans Workshop—Is There a Recovery in Your Future? A Candid Conversation Between Deans and Former Deans.

SEALS Committee Appointments

The following faculty members will serve on various SEALS committees for the 2016-2017 term:

  • Brad Areheart will serve on the Prospective Law Teachers Committee (Co-Chair) and the Scholarly Research Committee.
  • Ben Barton will serve on the Beginning & Newer Law Professors Committee, the Mentor Committee (Co-Chair), and the Prospective Law Teachers Committee.
  • Rob Blitt will serve on the International Committee.
  • Joan Heminway will serve on the Program Formatting Committee.
  • Becky Jacobs will serve on the Prospective Law Teachers Committee.
  • Gary Pulsinelli will serve on the Website, Technology & Communications Committee.
  • Glenn Reynolds will serve on the Website, Technology & Communications Committee.
  • Paula Schaefer will serve on the Program Formatting Committee.

Wendy Bach

Professor Wendy Bach is the author of a chapter in the newly published book, “The Poverty Law Canon: Exploring the Major Cases,” (Marie Failinger & Ezra Rosser eds., Univ. of Michigan Press, 2016). Her chapter is entitled “Litigating in the Zeitgeist: Rosado v. Wyman (1970).”


Wendy Bach and Lucy Jewel

Professors Wendy Bach and Lucy Jewel’s Foreword: ClassCrits 8:  New Spaces for Collaboration and Contemplation appears in Volume 5, Issue 1 of The Tennessee Journal of Race, Gender and Social Justice.


Brian Krumm and Val Vojdik

Professors Brian Krumm and Val Vojdik have been appointed to serve as members of the Tennessee State Advisory Committee (SAC) to the United States Office of Civil Rights.  Their appointment was approved by the Commissioners of the United States Office of Civil Rights in Washington, DC.


Briana Rosenbaum

Professor Briana Rosenbaum gave a presentation at the Second Annual Civil Procedure Workshop held at the University of Washington School of Law on July 14.  The Civil Procedure Workshop is designed to allow selected emerging and established civil procedure scholars to gather with colleagues and present their work to expert audiences. At her panel session, Rosenbaum presented her latest paper, tentatively titled, “Refereeing Plaintiffs’ Attorneys in Aggregate Litigation Through Civil RICO,” which will be published in the Iowa Law Review this fall.


Maurice Stucke

Professor Maurice Stucke’s new book, “Big Data and Competition Policy” (co-authored with Allen P. Grunes), has just been published by Oxford University Press.  It “is the first work to offer a detailed description of the important new issue of Big Data and explains how it relates to competition laws and policy, both in the European Union and United States.”

Stucke has also been invited to give a presentation to the Competition Committee of the OECD. He will speak about “Big Data and its Implications for Competition Policy and the Enforcement of Competition Law.” The hearing will take place in Paris, France, in November.

A report prepared by Stucke and Grunes for a consumer rights group was featured in a recent Law360 article. Both Professor Stucke and Grunes are former members of the DOJ Antitrust Division and they “urged their former employer to kill the proposed merger of Bayer and Monsanto, saying in a recently published legal opinion that the deal would violate federal antitrust law and a standing court order against Monsanto.”

Professor Maurice Stucke was quoted in the Slate.com article “Will Uber Rouse the Truthbusters?”  The article discusses the potential antitrust issues raised by the announcement that China’s dominant ride-hailing company is buying Uber’s operations in China.


Val Vojdik, Rob Blitt, Joy Radice, and Brad Morgan

Professors Val Vojdik, Rob Blitt, Joy Radice, and Career Center Director Brad Morgan will be presenting at the SALT Teaching Conference in Chicago at the end of September. Their panel is entitled “Bringing Access to Justice to the Classroom through Focused Experiential Education.”


Penny White

Professor Penny White was a featured speaker at the 2016 Nevada Judicial Leadership Summit held in Lake Tahoe, Nevada.  White presented a program on “Silver State Evidence: Nevada Evidentiary Issues.” The program included a discussion of the most recent cases involving complex evidence issues arising in the Nevada state courts.

Additionally, White presented a half-day of programs at the 2016 Annual New Hampshire Judicial Conference on “Emerging Evidence Issues and Recent New Hampshire Evidence Decisions.” Her presentation included a discussion of all forms of electronic evidence, including cell tower data evidence.

White also presented several programs on evidence and ethics for the 2016 Louisiana State Bar–Louisiana Judicial Conference Summer School in Destin, Florida. In addition to several presentations on evidence, she presented a paper and an interactive session for judges only on the topic of “Advocating for the Judiciary.”

Furthermore, White will present an ethics and professionalism program for lawyers from the Tri-Cities in Johnson City on August 5. The program, entitled “Did I Cross the Line or Are Judges Becoming Thin-Skinned,” will include a discussion of the various roles that lawyers are called upon to play in representation of their clients and an assessment of what happens when a lawyer’s obligations to her client and to the courts collide.

In addition, White will present a program for the annual meeting of the Tennessee Association of Criminal Defense Lawyers in early August. The program will focus on criminal procedure and evidentiary issues arising out of recent state and United States Supreme Court decisions.

Finally, White will present programs for members of the Kentucky Judiciary and the Kentucky Justice Association, meeting for their annual conference in September in Nashville.  In a joint session, White will discuss recent Kentucky evidence decisions, particularly those related to the admissibility of social media evidence.  In a judges-only session, White will lead the judges through a discussion of recent ethics complaints filed against judges for their on-the-bench behavior.