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Oregon Lawyer Online

Above and Beyond

Selected faculty publications and presentations

We regret any omissions due to distribution deadlines. If you would like to submit a faculty accomplishment for inclusion in the next Oregon Lawyer Online please email agreen@uoregon.edu.

Barbara Aldave participated in the 2012 spring meeting and drafting session of the American Bar Association Committee on Corporate Laws in Chatham, MA, from May 31-June 2. Aldave has been appointed Vice-Chair of the Corporate Social Responsibility Committee of the ABA Section of International Law for the term running from August 2012 to August 2013.


John Bonine delivered four lectures in Ukraine in late May, three of them under the auspices of the U.S. State Department’s Senator Edmund Muskie Fellowship Program. He spoke at various universities in Kyiv and Lviv. Bonine has also been appointed as the Director of the School of Law’s LL.M. Program in Environmental and Natural Resources Law.

In June, Bonine attended the Rio+20 United Nations Conference on Sustainable Development (UNCSD). The Rio+20 conference gathers world leaders, as well as thousands of participants from governments, the private sector, NGOs and other groups.


Michael Fakhri presented a paper entitled “Teaching the Periphery” in Cairo on February 18 as part of the International Law and the Periphery conference sponsored by the American University in Cairo and the University of Sydney. In Beirut, Fakhri gave a talk entitled “Revolution and International Law: Can the UNDP be a Site of Reimagining the Future?” at the Issam Fares Institute for Public Policy and International Affairs at the American University of Beirut.


On May 20, Caroline Forell was heard nationwide in Australia in an interview via Skype by ABC National Radio, Sydney, in a piece titled “Residents v. McDonald’s.” Her comments were based on her recent article, McTorts: The Social and Legal Impact of McDonald’s Role in Tort Suits, 24 LOY. CONSUMER L. REV. 105 (2011).


Dave Frohnmayer just concluded two Winter Term undergraduate course offerings in leadership theory with colleague, Dr. Barbara West. On February 29, Frohnmayer delivered keynote remarks to an Oregon Health & Science University symposium on Rare Disorders. He also attended a membership induction and Stated Meeting of the American Academy of Arts and Sciences at The Getty Center on March 3, and a meeting the next week in Washington, D.C., of the Society of Attorneys General Emeritus. Frohnmayer gave opening remarks and concluding comments at an international scientific conference on squamous cell carcinoma in Chicago, IL on March 16-17. And he continued work to develop new governance models on behalf of the University of Oregon.

In Spring Semester, Frohnmayer offered a new law school course on State Administrative Law.


Susan Gary spoke at events sponsored by three estate planning councils in February. On February 3, she gave the Oregon Update (legislation and cases) at the Portland Estate Planning Council’s Annual Estate Planning Seminar. On February 9, she reprised and expanded the Oregon Update for a meeting of the Southern Oregon Estate Planning Council in Medford, and on February 21 she presented “Charities and Donor Intent: Interpretation, Enforcement, and Doing the Right Thing” to the Southern Washington Estate Planning Council in Vancouver, WA.


In April, Aspen published the third edition of Children and the Law by Leslie Harris and her new co-author, Tamar Birckhead of the University of North Carolina School of Law. Harris and Birkhead have also finished the teachers’ manual.

Harris also recently met with a statewide group of juvenile court judges at their invitation to discuss ways to improve connections between the law schools and the judges’ new association. The association’s purpose is to improve the quality of judging in Oregon’s state juvenile courts. She also serves as an advisor to 90 by 30, a new Lane County organization established to reduce the incidence of child abuse in the county.


On Feb. 24, the School of Law held a memorial tribute to mark the death of Svitlana Kravchenko, Professor and Director of the LL.M. Program in Environmental and Natural Resources Law.

Before her untimely death in February, Kravchenko wrote her last article, “Interpretation of Human Rights for the Protection of the Environment in the European Court of Human Rights,” for the Pacific McGeorge Global Business & Development Law Journal. It will be published this year. Kravchenko also began work on the second edition of her book, Human Rights and the Environment, co-authored with John Bonine, who is continuing her work on the second edition with assistance from her present and former LL.M. students. The Florida A&M Law Review dedicated an entire issue to Kravchenko.


Carrie Leonetti’s article “Quacks Like a Duck: A New Test for News-Media Libel” has been accepted for publication by the Michigan Journal of Law Reform (forthcoming January 2013). In April, Leonetti presented “American Conspiracy Law” at the Bosnian-Herzegovinan American Academy of Arts and Sciences annual symposium in Sarajevo, Bosnia and Herzegovina.


On February 24, Roberta Mann, along with the University of Oregon Sustainable Cities Initiative Executive Director, Robert Liberty, presented a CLE entitled “The Environment of the Future” at a meeting of the Oregon State Bar Government Law section in Salishan, OR. Liberty addressed changes in land use and environmental law driven by current and future environmental challenges, and Mann discussed the use of incentives and “green taxes” to address some of those challenges.

Mann also attended a meeting of the ABA Tax Section in San Diego, CA, held February 16-18, where she moderated a panel on tax reform options for capital income. Mann serves as the chair of the section’s Tax Policy and Simplification Committee until May 2013.

Additionally, Mann coached three Oregon Law students—Samantha Benton, Dan Munro, and Adam Schultz—who participated in the National Tax Moot Court Competition in Clearwater Beach, FL, February 2-4. The competition is an inter-law school appellate moot court competition sponsored by the Tax Section of the Florida Bar. Susan Gary and Suzanne Rowe graciously served as practice judges for the Oregon Law team.

On May 11, Mann organized and moderated a multidisciplinary panel of experts at the ABA Tax Section in Washington, D.C. The panel, “Perspectives on Tax Reform: Restoring the Middle Class,” explored whether potential reforms to the taxation of labor income could simultaneously raise revenue, increase employment and decrease economic inequality.

On May 17, Mann participated in a panel at the National Tax Association Spring Symposium also in Washington, D.C. The panel was entitled “Not Only Congress Makes Tax Law,” and Mann presented her paper entitled “Chief Counsel’s Subtle Impact on Revenue: Regulations, Litigation, and Administrative Guidance,” which will be published in a forthcoming issue of the National Tax Association Journal.

On May 23, Mann participated in the UO Climate Change Research Symposium, presenting her paper entitled “Smart Incentives for the Smart Grid.” She presented the same paper on June 7 at Law and Society Annual Meeting in Honolulu, HI.


On May 31, Megan McAlpin and Joan Rocklin led the “Workshop on Critiquing Student Work” at the 2012 Conference of the Legal Writing Institute in Palm Desert, CA. This important workshop leads new professors through the most challenging part of a legal writing professor’s job — critiquing student work — and has been a consistent part of the LWI Conference for the past six years.


Michelle McKinley presented and organized a panel entitled “Dangerous Dependencies: Thinking about Domestic Servitude and Affect in Colonial Latin American Slavery,” at the Rocky Mountain Council on Latin American Studies, 59th Annual Conference, Park City, UT, held March 28-31. Earlier in March, McKinley presented a work in progress, “Standing on Shaky Ground: Criminal Jurisdiction and Ecclesiastical Immunity in Seventeenth-Century Lima,” at Law As… (II): History as Interface for the Interdisciplinary Study of Law held at the University of California, Irvine, School of Law.

In February, McKinley was invited to discuss her paper, “Such Unsightly Unions Could Never Result in Holy Matrimony,” at the Cornell University Law and Humanities Colloquium, in Ithaca NY.

On May 4, dozens of faculty members, administrators, visiting scholars, and students participated in a roundtable organized by McKinley and held at the UO Knight Library. The roundtable, “Dangerous Dependencies: Domestic Slavery and Servitude in the Americas,” featured the research of scholars who specialize in Latin American studies across disciplines. Scholars came from New York City, New Orleans, southern California, Kansas, Corvallis and Eugene to present papers and discuss research ranging from historical legal research on cooperative sorcery and conflict to modern day domestic service of children and women in Latin America. In addition to McKinley, guest presenters included Rachel O’Toole (UC-Irvine, History), Nicole von Germeten, (Oregon State University, History), Nara Milanich, (Barnard, History and Latin American Studies), Elizabeth Kuznesof (Kansas, History & Latin American Studies) and Kris Lane (Tulane, History).

The roundtable was part of a 2011-2012 collaboration between two research interest groups (RIGs) at the UO’s Center for the Study of Women in Society—the Américas RIG and the Law, Culture, and Society RIG—on the theme of “Service and Servitude.” The roundtable was sponsored by the Center for the Study of Women in Society, Department of English, Department of Ethnic Studies, the Oregon Humanities Center, the Americas in a Globalized World Initiative, and the Law School.


On February 11, Eric Priest presented his work-in-progress titled “Acupressure: The Role of Market Forces in China’s Emerging Copyright Enforcement Environment” at the 2012 Works In Progress Intellectual Property Colloquium held at the University of Houston Law Center. The paper examines two emerging but quite different narratives about an improving environment for copyright owners in China, and explores how each appears to be driven in large part by pressure Chinese companies feel from transnational clients and business partners to conform to international IP norms more than concern about copyright enforcement efforts by the copyright holders themselves. The paper, drawing from Priest’s interviews with executives in China’s internet and content industries, seeks to provide a more nuanced picture of the copy-right enforcement environment in China and explores what lessons these stories might teach about the development of China’s copyright enforcement environment and China’s role in, and how it is affected by, the international IP system.

In March, Priest’s work-in-progress, “Toward a Theory of Polycentric Governance in Copyright Law,” was selected for presentation in September 2012 at the international conference on Building Institutions for Sustainable Scientific, Cultural and Genetic Resources Commons at Université Catholique de Louvain in Belgium.

On May 2, Eric Priest gave a lunchtime CLE talk titled “Targeting Overseas Software Piracy through U.S. Unfair Competition Laws” to the Oregon State Bar Intellectual Property Section in Portland.


Ofer Raban‘s article “Constitutionalizing Corruption: Citizens United, Its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns” was published in February in the University of San Francisco Law Review. The article was based on a speech delivered by Professor Raban at a University of San Francisco symposium dealing with the Citizens United decision. Professor Raban gave a speech based on the completed article this May at the annual O’Connell Conference here in Portland.”


Suzanne Rowe led a Scholar’s Workshop at the Rocky Mountain Legal Writing Conference held March 23-24 at Arizona State University. The half-day workshop was sponsored by the Association of Legal Writing Directors.

At the recent 2012 Conference of the Legal Writing Institute (LWI) in Palm Desert, CA, Rowe presented “Trans-Cultural Lawyering: Differences in Argumentation and Style.” She also addressed the LWI membership meeting with an update of activities by the ABA Council of the Section of Legal Education.


On March 30, Nancy Shurtz delivered a paper entitled “Relationship LLCs: Can Partnership Taxation Solve Same-Sex Discrimination?” at the Critical Tax Conference 2012 held at Seton Hall University School of Law in Newark, NJ.
On March 27, Shurtz published an op-ed entitled “The TurboTax Defense” in the San Francisco Chronicle. The op-ed was co-authored with Rodney Mock, one of Shurtz’s former tax students who is now a business law professor at California Polytechnic State University. Rodney and Shurtz are now working on a law review article elaborating on the topic of their op-ed.

On April 16, Shurtz published an op-ed entitled “Turbo Tax Crime Waves” in the Wall Street Journal. The op-ed was co-authored with Rodney Mock, one of Shurtz’s former tax students. The two are now working on a law review article elaborating on the topic of their op-ed.

In addition, as national book review columnist for the Estate Planning magazine, Shurtz reviewed four books in her latest column: (1) Probate Wars of the Rich and Famous: An Insider’s Guide to Estate Planning and Probate Litigation by Russell J. Fishkind, (2) The Advisor’s Guide to Life Insurance by Harold D. Skipper and Wayne Tonning, (3) Protect and Enhance Your Estate: Definitive Strategies for Estate and Wealth Planning, Third Edition by Robert A. Esperti, Renno L. Peterson and David K. Cahoone, and (4) The ABA Practical Guide to Estate Planning, by Jay A. Soled, editor.

In June, Shurtz published the article “Eco-Friendly Building from the Ground Up: Environmental Initiatives and the Case of Portland, Oregon” in the Journal of Environmental Law and Litigation. 27 J. Envtl. L. & Litig. 237 (2012).


Michelle Slack‘s new article, “Ignoring the Lessons of History: How the ‘Open Borders’ Myth Led to Repeated Patterns in State and Local Immigration Control,” was accepted for publication by the St. John’s Journal of Civil Rights and Economic Development and will be published in the fall 2012 issue of the journal. Next year, Slack will be a visiting professor at the University of Memphis School of Law, teaching Civil Procedure, Evidence, and Conflict of Laws.


In May, Dom Vetri was a panelist at the MemoirFest Symposium sponsored by the UO Center for the Study of Women in Society. The new annual program explores the work of contemporary women writers and the art and business of memoir writing. Vetri discussed the protections afforded writers of memoirs under the U.S. and Oregon state constitutions, and issues of liability under defamation and privacy law.

Also in May, Vetri participated in the International Bar Association’s conference “New Art: Legal Challenges held at the new contemporary art museum,” held at Rome’s new contemporary art museum, “MAXII.” Topics covered included new art forms, digital art, art appropriation, and sampling, and language based art. Lawyers and teachers from all over Europe and attended.

On May 19, Vetri gave a lecture on “American Products Liability Law” to master’s degree students in the European Law Program at Rome University (“La Sapienza”) Law School. Also on May 22, he lectured and discussed American Legal Education at the Rome Law School with Professor Guido Alpa in a program for first year Italian law students.


Merle Weiner recently submitted three federal grant proposals and one state grant proposal. The Law School was the lead applicant on the first application. The application requested $299,982 to support the Survivors Justice Center, of which the Law School’s Domestic Violence Clinic is a part, and particularly to fund legal services for domestic violence victims in the Eugene/Springfield area. She also wrote and submitted a proposal for community partner, Sexual Assault Support Services as lead applicant, for $228,779, to support sexual assault legal services at the Survivors Justice Center for rural Lane County survivors.

The third grant application was for approximately $400,000 to support a Wraparound Victim Legal Assistance Network Demonstration Project sponsored by the Office of Victims of Crime. In addition, Weiner submitted an application on behalf of the Law School Domestic Violence Clinic to the Oregon University System for state funds from the Clinical Legal Education account. She also did a program justification for OUS so that the Clinical Legal Education account might be included in future requests for OUS funding. Finally, Weiner attended the International Society of Family Law’s North American conference in June. There she presented her paper entitled, Nonmonetary Obligations: The New Parent-Partner Status.


On February 25, Mary Wood presented on a panel entitled “Nature in Brief: Creative Legal Approaches to Accountability” at the conference New Directions in Environmental Law: [Re]Claiming Accountability at Yale Law School. Wood also presented on two panels at the Public Interest Environmental Law Conference held at the law school in Eugene: “Taking the Long View When Allocating Water Resources” on March 2 and “Public Trust and Atmospheric Trust Litigation” on March 3.

On May 17, Professor Wood attended the National Indian Timber Symposium in Warm Springs, Oregon, and delivered a speech titled “Tribal Sovereignty, Reserved Rights, and Environmental Protection.”


Oregon Law » Oregon Lawyer Online » Summer 2012 » Above and Beyond