Faculty Forum: December 2020

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

Professor Brad Areheart published a chapter in the book, Feminist Judgments: Rewritten Employment Discrimination Opinions (Cambridge U. Press, Ann McGinley & Nicole Porter eds., 2020). Areheart’s chapter provides commentary on Young v. UPS, 135 S. Ct. 1338 (2015), a case that discussed denial of pregnancy accommodations.

Professor Areheart’s article, GINA, Big Data, and the Future of Employee Privacy, was favorably reviewed on JOTWELL by Professor Matt Bodie of Saint Louis University School of Law who concludes: “Their article is a terrific contribution to our understanding of the future of employment.”

Professor Sherley Cruz served on a panel on “How to Enter Legal Academia” during a program hosted by the Hispanic Bar Association of Washington, D.C. 

Professor Cruz has been elected to serve a three-year term on the executive committee of the AALS Civil Rights Section.

Professors Shamika Dalton, Eliza Fink and Rebecca Kite presented at the “Teaching the Teachers” conference, hosted virtually by the Penn State Law Library. Professor Dalton’s presentation was titled “Integrating Diversity into Legal Research Instruction in the COVID Era: Tips and Techniques for Classroom Management.” Professors Fink and Kite co-presented on using the Nearpod interactive learning platform as part of the conference’s “Tech Talk: Technologies for Virtual & Hybrid Classrooms.”

Professor Lucy Jewel participated in a virtual workshop on Democracy, Social Justice, and the 2020 Election hosted by the ClassCrits organization. Professor Jewel spoke about political rhetoric in the current era, and a video recording of the workshop is available here

Professor Jewel filed an amici curiae brief in State v. Booker, a case pending at the Tennessee Supreme Court. She drafted the brief on behalf of the Tennessee Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, and two individuals incarcerated in their youth, Mr. Amos Brown and Mr. Charles Lowe-Kelley. She was also involved in drafting the amici curiae brief submitted at the Rule 11 (certification) stage of the case. The brief argues that Tennessee’s first-degree murder sentencing scheme, as applied to juvenile offenders, is a cruel and unusual punishment that violates Article I, Section 16 of the Tennessee state constitution, which provides more expansive protection than the federal constitution. 

Professor Jewel’s essay, “Gut Renovations: Using Critical and Comparative Rhetoric to Remodel how the Law Addresses Privilege and Power” (with Professors Teri A. McMurtry-Chubb and Elizabeth Berenguer), has been published in the Harvard Latinx Law Review.  

Professor Michelle Kwon was a co-presenter at the 68th Annual Taxation Conference hosted by the University of Texas. The title of the CLE was “Ethical Issues When Working Remotely (or did Alexa just waive privilege?).”

Professor Alex Long’s article, Abolishing the Suicide Rule, 113 NW. U. L. Rev. 767 (2019), was cited by the Supreme Court of South Carolina in Wickersham v. Ford Motor Co., 2020 WL 7234505. On certification from the Fourth Circuit Court of Appeals, the court held that traditional principles of proximate cause apply to claims alleging that a defendant negligently caused another’s death from suicide. The court cited Professor Long’s article in support of rejecting any sort of categorical rule. The advance sheet is here.

“Tired of Looking Gray and Boring Online?  A Simple 3-Camera TV Studio/Classroom for Lively Online Teaching,” by Professor Glenn Reynolds ranked first in December on SSRN’s top recent downloads chart.

In conjunction with the Electronic Frontier Foundation and ScotusBlog, Professor Reynolds has filed an amicus brief in the Supreme Court of Oregon in the case of Lowell v. Wright, arguing that non-media defendants should be treated the same as media defendants in defamation cases.

Professor Reynolds spoke on video with Hong Kong pro-democracy publishing tycoon Jimmy Lai. Lai, who has been jailed multiple times by the Hong Kong government, is one of the city’s most prominent anti-government figures and has been at the center of a flip-flopping legal battle.

Fox News interviewed Professor Maurice Stucke on the FTC’s and states’ complaints against Facebook. 

The Japan Fair Trade Commission hosted Professor Stucke and his co-author Ariel Ezrachi as the keynote speakers at its 48th Open Seminar, which had a couple of hundred participants, to present on their latest book Competition Overdose.

Professors Stucke and Ezrachi presented Competition Overdose at the Third International Conference on Competition and Innovation, organized by the Brazilian Institute for Competition and Innovation. 

Niamh Dunne, associate professor of competition and EU law at the London School of Economics, favorably reviewed Professor Stucke’s book, Competition Overdose, in her article, The Antitrust Anti-Consensus.

Professor Stucke was quoted in the New York Times in “10 States Accuse Google of Abusing Monopoly in Online Ads”; and in Protocol’s “Which of the Big Tech antitrust lawsuits has the best chance of winning?”

Professor Stucke published an essay titled “Antitrust Spring,” in the Institute of New Economic Thinking.