Faculty Forum: April 2019

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

Professor Eric Franklin Amarante’s article, Criminalizing Immigrant Entrepreneurs (and Their Lawyers),will be published in Volume 61 of the Boston College Law Review.

Professor Brad Areheart’s article, Organizational Justice and Antidiscrimination, will appear in Volume 104 of the Minnesota Law Review.  In it, he argues that Organizational Justice—a theory empirically grounded in behavioral science—provides novel guidance for how to proactively restructure workplace policies around the principles of fairness and equity. The article further claims, based upon empirical evidence, that Organizational Justice can do the work of antidiscrimination: by decreasing discrimination in the first place, moderating the effects of discrimination, decreasing sexual harassment, and increasing internal reporting of these negative behaviors.

Professor Areheart presented his article, Organizational Justice and Antidiscrimination, on April 2 at the University of Louisville School of Law, as part of its 2019 Speaker Series.

Professor Wendy Bach spoke at Muhlenberg College on Prosecuting Poverty, Criminalizing Care.She also participated in a research briefing sponsored by SisterReach on the impact of Tennessee’s fetal assault law, and visited the University of Cincinnati College of Law where she spoke on the book she is drafting, tentatively titled Criminalizing Care.

Associate Dean Teri Dobbins Baxter was part of the new perspectives on research and scholar-activism panel: Critical Race Theory and the Law during the UT Critical Race Collective Community of Scholars Critical Race Symposium. Additionally, her article Dying for Equal Protection will be published in volume 71 of the Hastings Law Journal (2020).

Professor Zack Buck’s article Affording Obamacare will also be published in the volume 71 of the Hastings Law Journal(2020).

The Myth of the Country Lawyer, an article co-authored by Professor Judy Cornett and student Heather H. Bosau, will be published in volume 83 of the Albany Law Review.

Professor Michael J. Higdon’s essay While They Waited: Pre-Obergefell Lives and the Law of Nonmarriage will appear in the Yale Law Journal Forum.

In March, Professor Lucy Jewel argued an en banc case at the 6th Circuit Court of Appeals in front of 17 judges. Last summer, the Appellate Litigation Clinic obtained a favorable panel decision in the case, but a majority of the circuit judges voted to rehear the case en banc. The case involved 4th amendment search and seizure issues related to the search of appellant’s home.  

Professor Jewel also presented her paper, Does the Reasonable Man Have OCD?, at the University of Maryland Law School’s Legal Theory Workshop Series. The paper explores the cultural and historical trends that underlie law’s reasonable person framework, and it will be published in the Wake Forest Law Review.

Professor Jewel’s co-authored article, Treating Professionals Professionally: Requiring Security of Position for Legal Writing Faculty under ABA Accreditation Standard 405(c) and Eliminating 405(d), will be published in volume 97 of The University of Oregon Law Review. 

Professor Alex Long’s article Abolishing the Suicide Rule has been identified by Mark Geistfeld as one of the best works of recent scholarship relating to Tort Law in a review published in Jotwell: The Journal of Things We Like (Lots). The article was published at 113 Northwestern University Law Review 767 (2019).

Professor Glenn H. Reynolds was interviewed by Columbia University’s Uptown Radio about proposals to split up New York State. The segment, titled “As Brexit Tensions Boil Over Abroad, A Separatist Movement Brews at Home,” explores the phenomenon discussed in Reynolds’ piece, Splitsylvania: State Secession and What to Do About It, recently published in the Notre Dame Law Review Online. 

Professor Reynolds will contribute a chapter on dueling to a book on legal issues related to Hamilton, which will be published by Cornell University Press (forthcoming 2020).

Professor Greg Stein attended the American College of Real Estate Lawyers mid-year meeting and presented “Adult Learners in the Law School Classroom,” to the Law Professors’ Committee. 

Professor Maurice Stucke was quoted in an article in The Guardian titled “Uber and Lyft drivers say apps are short-changing wages while raising fares.” He is quoted about the market power of rideshare companies and their ability to profit from a lack of transparency. “They can create the rules of the game, they can design the competitive process and they can ensure whichever driver makes more or less, whoever wins in the competition among drivers, they can be assured they’re always going to profit.”

Professor Stucke was cited as an antitrust expert in the CBC news article “The case against Facebook: A ‘dataopoly’ with too much market power.”

Professor Stucke was quoted in New Zealand’s weekly current affairs magazine The Listener. The article, “How Germany’s anti-trust watchdog could change the way Facebook works,” covered the Berlin conference hosted by Germany’s competition authority.

Part II of Professor Penny White’s five-part series on issue preservation will be published in the upcoming edition of For The Defense in April. The five parts will then be joined and published in late summer in a user-friendly handbook for lawyers.

And Yellow RoEs, an essay by Professor White, will be published in the Tennessee Law Review’s symposium issue celebrating the 100th anniversary of the passage of the 19th amendment. The article chronicles the journey of women law students, lawyers, and judges in Tennessee during the 1980s and 1990s. 

Professor White delivered the lecture “The Impact of Judicial Selection on Fair Courts and Institutional Legitimacy” at Yale Law School.

Professor White presented a continuing legal education program in Cleveland, Tennessee, for members of the Bradley County Bar Association. The program tested lawyers’ understanding of waiver and addressed means of avoiding waiver before, during, and after trial. 

Professor White presented at Nashville’s Unrig Summit, a national symposium for the purpose of facilitating a bipartisan discussion of systemic issues facing America.

Professor David Wolitz’s article, Alexander Bickel and the Demise of Legal Process Jurisprudence, will be published in volume 29 of the Cornell Journal of Law and Public Policy (forthcoming 2019).