Faculty Notes: April 2017

Professor Brad Areheart’s article The Symmetry Principle will be published in Volume 58 of the Boston College Law Review.

Professor Wendy Bach was selected as a Bellow Scholar for her criminalization of in-utero opiate transmission project. The Bellow Scholar program recognizes and supports the research projects of clinical law teachers that reflect the ideals of Professor Gary Bellow – a pioneering founder of modern clinical legal education. In particular, the selection committee recognizes and supports projects that employ empirical analysis as an advocacy tool and involve substantial collaboration between law and other academic disciplines. Selected projects become the focus of information-sharing, discussion and critique at the annual AALS Clinical Conference and at annual workshops organized by the committee. Selected scholars are appointed for a two-year term. Professor Back also presented early research findings on her study of Tennessee’s implementation of the fetal assault law for a paper she is working on that is tentatively titled Prosecuting Poverty at the Feminist Theory Conference at the University of Baltimore.

Professor Zack Buck recently presented at two symposia. His March 31, 2017 presentation was titled The Chronic Challenge of Cost Control, as part of the Journal of Law and Public Policy Symposium at the University of St. Thomas School of Law in Minneapolis, MN. On April 7, 2017. Professor Buck was also on a panel titled Taking the Vitals of the Medicaid Managed Care Marketplace at the Saint Louis University Health Law Symposium in St. Louis, Missouri.

Professor Carol Collins presented at the annual Southeastern American Association of Law Libraries (SEAALL) conference on March 31, 2017. SEAALL is the regional Chapter of the American Association of Law Libraries (AALL) and the largest Chapter in the country, including law libraries of all types across a seven-state area. Professor Collins’s talk was titled Real World Steps to Discovery and provided criteria for selecting and implementing a library discovery system.

Professor Michelle Cosby, after completing her term as SEAALL president, was elected 2017-2018 Chair of the AALL Council of Chapter Presidents.  The Council Chair is elected by the outgoing Chapter Presidents each year.  In this role, Professor Cosby will represent the interests of all 30 regional AALL Chapters throughout the United States, including attending the AALL Executive Board meetings. Her position will begin in July at the conclusion of the AALL Annual Meeting.

Professor Becky Jacobs recently participated in the “Title IX: History, Legacy, and Controversy” conference sponsored by UT College of Law, Tennessee Journal of Race, Gender, & Social Justice; and the UT Law Women. She discussed Tile IX in the context of event attendance, public viewing preferences, sport reporting, and revenues. Professor Jacobs also organized a panel of experts for the 25th Annual Conference of the Tennessee Section of the American Water Resources Association. The focus of the panel is the impact of growth on Tennessee’s aquatic resources, and it consisted of a number of water scientists and federal, state, county, and city regulators from across Tennessee. Additionally, she participated in the Baker Center Energy and Environment Forum, which took place last week. The Forum is an opportunity for academics to share their research findings with a broad set of academics, researchers, and students from outside their own discipline but who have a common interest in environment and energy issues.

Professor Lucy Jewel presented her work in progress paper, Healing Alternatives: Neuro-Rhetoric Explains the Need for a Comparative Approach to Rhetoric in Law, at the Southeastern Legal Writing Conference – Legal Writing in 3D: Discourse, Discipline, and Doctrine, at Stetson University College of Law on April 22.  Professor Jewel’s paper was selected to be part of a workshop specifically designed for scholars that are connecting the field of rhetoric to legal writing and advocacy. On Saturday, April 29, she will be presenting at the New Directions Critical Race Theory Conference, along with Professor Mary Campbell (Art History). They will discuss their work on visuality, the law, and race, focusing particularly on the law’s connection to lynching photographs and the journalistic use of photography in the Emmett Till case.

Professors Michael Higdon, Lucy Jewel, Michelle Kwon, Joy Radice, and Dean Rivkin moderated panels during the Title IX conference.

Professor Michael Higdon participated in a panel discussion as part of UT’s fifth annual Sex Week program in April.  The panel focused on Title IX—its legislative and enforcement history, compliance questions, the current focus on disparate treatment in connection with sexual misconduct, and the role of faculty and students in Title IX compliance.  Professor Higdon’s co-panelists included Jenny Richter, a UT Law alum who serves as Associate Vice Chancellor and Director Title IX Coordinator for the Knoxville campus of The University of Tennessee, and Justin Sievert, a UT Law adjunct professor.  Professor Joan Heminway moderated the panel.

Professor George W. Kuney’s article Should the Trustee in Bankruptcy Succeed to the “Equal Guilt” of the Debtor? Putting the Burden of Imputation on Wrongdoing Third Parties for In Pari Delicto Purposes is being published as the lead article in the 2017 Norton Annual Review of Bankruptcy Law.  The article reviews the origins and development of the in pari delicto defense in bankruptcy and related fields of law, and urges the adoption of a federal rule of decision creating a rebuttable presumption against its application in cases brought by a bankruptcy trustee, especially in Ponzi scheme and similar contexts.

Professor Brian Krumm presented his article Fostering Innovation and Entrepreneurship: Shark Tank Shouldn’t Be the Model at the Syracuse University Transformative Dialogues Faculty Workshop on March 29. The article has been accepted for publication in the Arkansas Law Review.  Professor Krumm also gave a webcast presentation with Professor Shubha Ghosh (Director of the Technology Commercialization Law Program at Syracuse Law) 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.

Associate Dean and Professor Alex Long was interviewed by Nashville’s News Channel 5 about whether Nashville General Session Judge Casey Moreland (who has since resigned) engaged in conduct that violated the Tennessee Code of Judicial Ethics. Additionally, an ABA Journal article titled “Decision Dylan: Our most-cited songwriter in judicial rulings brings complex poetry to court opinions” cited Dean Long’s article The Freewheelin’ Judiciary: A Bob Dylan Legal Anthology, 39 Fordham Urban Law Journal 1363 (2011).

Professor Glenn Reynolds‘ article, Of Coups and the Constitution, was just published in the Spring, 2017 issue of the Columbia Human Rights Law Review.

Professor Dean Rivkin spoke at the Urban Education Mini-Conference sponsored by the UT Department of Theory and Practice in Teacher Education on April 22. The topic was The School to Prison Pipeline. Approximately 80 Knox County school teachers were in attendance. Chris Conner, (2L) a student in the Education Law Practicum, also spoke.

Professor Paula Schaefer recently presented Teaching Professionalism Across the Curriculum to the faculty of Villanova University School of Law. She was the guest of Villanova’s David F. and Constance B. Girard-diCarlo Center for Ethics, Integrity and Compliance.

Professor Greg Stein’s article, Reverse Exactions, has been accepted for publication in the William & Mary Bill of Rights Journal.  The article will appear in the March 2018 issue.

Professor Maurice Stucke presented his book Virtual Competition in several venues. On March 28, he participated in the European Commission’s “High Level Policy Hearing: ‘Building a European Data Economy’” (Transcript). The European Political Strategy Centre gathered a select group of leading international experts to provide input to the ongoing public consultation on “Building a European Data Economy.” Later that afternoon, he presented the book at Harvard University’s Berkman Klein Center for Internet & Society (Video). The event was co-sponsored by the Harvard Law Entrepreneurship Project at Harvard Law School, the Journal of Law and Technology at Harvard Law School, and the Berkman Klein Center for Internet & Society at Harvard University. On March 29, Professor Stucke also presented his research at the University of Chicago Booth School of Business’s conference, “Is There a Concentration Problem in America?” (Video) The event attracted policymakers, economists, business and legal scholars, historians, and Judge Richard Posner. An interview of Professors Stucke and Ariel Ezrachi ahead of the conference is posted on Pro Market, the blog of the Stigler Center at the University of Chicago Booth School of Business. On March 30, he presented at the American Bar Association Section of Antitrust Law’s 65th Spring Meeting, on the panel “Competition and Consumer Law Issues with Customer Profiling.” That afternoon, he was interviewed by Capitol Forum. The Author’s Guild also published his blog post with professor Ariel Ezrachi (Oxf0rd) titled “Law Profs to Antitrust Enforcers: To Rein in Super-Platforms, Look Upstream.” Another blog post, “Who Wouldn’t Want a Digital Butler?” was published in the Berkeley Technology Law Journal. The Competition Policy International Newsletter featured a paper by Professors Stucke and Ezrachi titled How Your Digital Helper May Undermine Your Welfare, and Our Democracy.

Shawn T. Ross, Access to Justice Coordinator at the UT College of Law Institute for Professional Leadership Development, wrote a guest post that was featured on the ABA’s Center for Pro Bono blog. The blog post highlighted UT Alternative Spring Break projects, which included student volunteers working on projects at 6 different host sites in 4 states, and also conducting remote research.

Professor Val Vojdik made a presentation titled Theorizing Violence Against Men as Gender-Related Persecution Under US Asylum Law at the Feminist Theory Conference at the University of Baltimore. As a Flint native, she also accompanied a team that devoted nearly 300 hours of pro bono service, working with Michigan civil rights lawyers and the Michigan ACLU.  UT College of Law students also assisted a coalition of community organizations, going door-to-door in some of the most marginalized Flint communities to help identify emergency needs of residents. Other groups of students went to Cherokee, North Carolina to work with the Eastern Band of Cherokee Indians, to Louisiana for pro bono work centered on immigration issues, and to Ft. Campbell, KY to provide legal services to military personnel and vets. She also was quoted in the Knoxville New Sentinel article “UT Title IX conference honors Pat Summitt.” Professor Vojdik, who is a faculty adviser to the Tennessee Journal of Race, Gender and Social Justice, helped organize the conference and gave a substantive wrap up at the close of the conference. In the News Sentinel interview, she noted that Pat Summit was “a key national player in using Title IX to expand women’s sports opportunities. From there we agreed this would be a great way to (honor her) and we could use it as a vehicle to talk about where we go from here and look at the current challenges with Title IX — not just in sports but in cases of sexual assault, LGBTQ students and a host of other issues.” Finally, Vojdik also participated in a panel as part of UT’s Sex Week program.  She contributed to a panel focused on the rights of transgender persons to restroom access.  Professor Vojdik’s fellow panelists included: Indya Kincannon, former chair of the Knox County Board of Education and current Special Projects Manager in Mayor Rogero’s office, who addressed educational and other matters of policy; a UT graduate student who is a mental health professional working with transgender persons; the mother of a transgender child in the Knox County public school system; a local transgender activist; and a transmasculine UT undergraduate who works with the campus Pride Center.