Faculty Notes: March 2017

Faculty Notes, 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.


ASP Director Renee Allen will be co-presenting the abstract “#ImplicitBias: Millennials, the ‘Colorblind’ Generation” with DeShun Harris (Texas A&M Law) at the New Directions in Critical Race and Ethnic Studies Conference, which will be held at the University of Tennessee, April 27-29. Allen also presented “Contemporary Teaching Strategies: Engaging Millennials Through Formative Assessment” with Alicia Jackson (Florida A&M College of Law) at the annual University of Detroit Mercy Law Review Symposium earlier this month. Their paper will be published in the fall.

Associate Dean Teri Baxter’s article “Employer-Mandated Vaccination Policies: Different Employers, New Vaccines, and Hidden Risks” will be published in the Fall 2017 issue of the Utah Law Review.

Professor Zack Buck’s article “The Cost of High Prices: Embedding the Ethic of Cost in the Standard of Care,”has been published in the Boston College Law Review (58 B.C. L. REV. 101 (2017)). His article “A Farewell to Falsity:  Shifting Standards in Medicare Fraud Enforcement” has been accepted for publication in volume 48 of the Seton Hall Law Review. The website JOTWELL (The Journal of Things We Like (Lots)) published Buck’s article “Targeted, Concise Treatments for The American Health Care System,” reviewing David Orentlicher, “Controlling Health Care Spending:  More Patient ‘Skin in the Game?’” and Barbara A. Noah, “The (Ir)rationality of (Un)informed Consent.” Buck was also the featured speaker at the Health Law Society’s program earlier this month. His talk was titled “Health Care Reform: What’s Happened and What’s Next?”  It featured a summary of what, exactly, the Affordable Care Act does, and how it is working (or not working); what the Trump administration has done, if anything, to change the operation of the law; and the potential paths forward for repeal, replacement, and/or repair.

Professor Michael Higdon’s article “Polygamous Marriage, Monogamous Divorce” will be published in volume 67 of the Duke Law Journal.

Professor Lucy Jewel will travel again with students from Appellate Litigation Clinic to Cincinnati to argue in the United States Court of Appeals for the Sixth Circuit. Third-year students Alex Thomason and Garrett Ward will appear with Professor Jewel for oral argument on April 25 in the case of Douglas Weissert v. Carmen Palmer, case no 15-2292.

Professor Brian Krumm participated in a faculty exchange on February 27th, 2017, at Georgia State Law School where he presented his recent article, Fostering Innovation and Entrepreneurship: Shark Tank Shouldn’t Be the Model. Professor Krumm will present the article again at a Faculty Forum at Syracuse Law School on March 29th. Later that day, he will give webcast presentation entitled “How Entrepreneurial Law and IP Clinics Can Assist in the Commercialization of University Intellectual Property” at the New York State Science and Technology Law Center. Professor Krumm will discuss one of the clinic’s clients, iCare Academic LLC, which is a collaboration between faculty of UT’s colleges of Nursing and Engineering. This partnership provided an electronic health records (HER) management system for students to use in simulated educational settings. The clinic created the LLC and drafted beta-testing, employment, consulting, and end-user agreements. Professor Krumm recently completed a book, A Transactional Matter, that uses the story of iCare to illustrate the transactional legal work necessary for business formation, operation, and the commercialization of technology.

Professors George Kuney and Bob Lloyd’s casebook, the 4th edition of Contracts:  Transactions and Litigation, was published by West Academic. The books blends classic common law contract cases with 21st-century opinions and draws upon the problem method of instruction. It compares and contrasts the common law of contracts, the Restatement of the Law Second―Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application. It emphasizes the importance of context to the application of legal principles and discusses the overlap between the knowledge and skills of a litigator and those of a transactional attorney.

Professor Maurice Stucke has been invited to participate in the BRICS (Brazil, Russia, India, China, South Africa) annual competition law forum this May.  The annual BRICS competition law forum is a joint initiative of the HSE Skolkovo Institute for Law and Development and the Centre for Law, Economics and Society at UCL. The St. Petersburg International Legal Forum, to which the BRICS competition law forum will be integrated this year, is a wide-ranging event focusing on the legal profession. Last week’s issue of QUEST (the publication highlighting the accomplishments of UTK faculty and students) featured Professor Stucke’s book, Virtual Competition. The book was also mentioned in an article about EU antitrust chief Margrethe Verstager’s comments at a conference in Berlin, and in the article “Robots and Competition law” on elderecho.com.