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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.

On November 17-18, The Portia Project, a non-profit organization that provides legal and other assistance to the 1,100-plus women who are in prison in Oregon, held its annual conference at Oregon Law. Titled “Prisons and People: A Focus on Women and Their Children,” this year’s conference drew a large and diverse group of participants, including corrections officials and counselors, criminal defense and family attorneys, human rights activists, social workers, and formerly incarcerated women. Barbara Aldave, who founded The Portia Project in 2002, is the subject of a feature article, entitled “Helping Moms Behind Bars,” in the November-December issue of Stanford Magazine.

Adell Amos recently signed a contract to co-author Water Law in a Nutshell with West Publishing. Her co-author will be Sandra Zellmer from the University of Nebraska School of Law. Amos delivered the keynote address, entitled “The Realities of Climate Change Law in the Practice of Water Law,” for the University of Nebraska Water Law Center’s annual conference on October 12 in Lincoln, NE. While at the University of Nebraska, on October 13, she also delivered a presentation to faculty and students on “Asserting Federal Reserved Water Rights – A Conversation Between State and Federal Courts” and gave a presentation to the Environmental Law Student Society entitled “The Practice of Water Law at the Department of the Interior.” On September 28, Amos delivered a talk entitled, “Water and Climate Change: The Role of the Federal Government” for Oregon Law’s Fireside Conversations Series.

Additionally, Amos recently delivered on the future of water science and policy in the United States on February 10 at the newly created interdisciplinary Center for Water Policy at the University of Wisconsin.

Michael Fakhri co-organized along with the Oregon Review of International Law and the Wayne Morse Center an international law conference on October 20-22 entitled Third World Approaches to International Law: Capitalism and the Common Good. Approximately 50 speakers attended from all over the world, and over 175 people attended in total. Fakhri also presented on October 29 at the University of Colorado School of Law in Boulder at a workshop on Duncan Kennedy’s theory of the globalization of law (where Kennedy was in attendance). He also gave a talk entitled “Sugar and the Making of an Early Modern Multilateral Institution: Explicating the 1902 Brussels Sugar Convention” at the American Society of International Law’s inaugural Research Forum which was held at the University of California Los Angeles on November 5.

The Loyal Consumer Law Review recently published Caroline Forell’s article “McTorts: The Social and Legal Impact of McDonald’s Role in Tort Suits,” 24 LOYOLA CONSUMER L. REV. 105 (2011). The article made the top ten in four SSRN on-line journals. Forell was an invited speaker at the Oregon State Bar’s Convocation on Equality held in Portland, OR on November 4. She presented on the topic of “Intersectionality: The Complex Subject in Discrimination Law.”

Dave Frohnmayer just completed a well-received J-term course in State Administrative Law and is currently teaching two undergraduate courses in leadership theory this term. He recently participated in a scientific conference in Houston, TX, to help set research priorities for the Fanconi Anemia Research Fund. Frohnmayer also presented a seminar on good leadership practices for a conference of local government information technology professionals, and he continues actively to assist the law school and university on fundraising matters. He hopes to ski with Lynn on upcoming weekends.

Liz Frost‘s column, “Web-based Authorities: Reliable Resources for the Wired Writer” appeared in the December 2011 issue of the Oregon State Bar Bulletin. Her next column, “Drafting Words of Authority: The Problem with Shall” will appear in an upcoming issue of the Bulletin.

Susan Gary was the main speaker at a program organized by the New Hampshire Charitable Foundation on October 7 in Manchester, NH. Her presentation was titled “Charities and Donor Intent: Interpretation, Enforcement and Doing the Right Thing,” and she also explained New Hampshire’s version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA). The following week, on October 13, Gary spoke about elective share statutes at a meeting of the State Laws Committee of the American College of Trust and Estate Counsel (ACTEC) in Coronado, CA. On October 21, she presented her paper, “The Probate Definition of Family: A Proposal for Guided Discretion in Intestacy,” at a symposium titled The Uniform Probate Code: Remaking of American Succession Law, held at the University of Michigan, in Ann Arbor, MI. The paper will be published in a symposium issue of the Michigan Journal of Law Reform.

On November 12, Gary explained Oregon’s newly enacted Transfer on Death Deeds statutes as part of a legislative update for the Oregon ACTEC Fellows in Portland, OR. Gary gave the keynote address at the New York State Bar’s 9th Annual Sophisticated Trusts and Estates Law Institute, on November 17. Her address was titled “The Uniform Prudent Management of Institutional Funds Act (UPMIFA) and New York’s NYPMIFA.” Gary is profiled in the current issue of Probate & Property, the magazine of the Real Property, Trust and Estate Section of the ABA. Each issue of the magazine profiles two members of the Section who have served in leadership roles. Gary is currently on the Council of the Section.

Leslie Harris and her new co-author, Tamar Birckhead (University of North Carolina) have completed the manuscript for the next edition of the Children and the Law textbook, which will be published by Wolters Kluwer in spring 2012. On October 15, Leslie Harris spoke about “Paternity Law Today and New Issues on the Horizon” at the annual conference of the Family Law Section of the Oregon State Bar held at Gleneden Beach, OR. Two Oregon Law students, Nate Wolfley and Jonathan Patterson, won scholarships to attend the meeting. The scholarships were provided by the Oregon Academy of Family Law Practitioners and the Oregon chapter of the American Academy of Matrimonial Lawyers.

Carrie Leonetti has been asked to contribute a chapter to an edited collection provisionally entitled “Controversies in Innocence Cases in America” for Ashgate Publishing (forthcoming 2012). Her chapter is provisionally entitled “The Ugly Stepchild: the Asymmetry of American Aid for the Rule of Law and the Administration of Justice.”

In December, Mohsen Manesh contributed an essay entitled “What is the Practical Importance of Default Rules under Delaware LLC and LP Law?” to an online symposium on Default Fiduciary Duties in LLCs and LP, sponsored by the Widener University School of Law’s Institute of Delaware Corporate and Business Law. In the essay, Manesh argues that the topic of the symposium—whether fiduciary duties apply as default duties under Delaware LLC law– although academically interesting, has limited practical importance. A longer version of Manesh’s essay was published in the online supplement to the Harvard Business Law Review in January.

Also in January, Manesh presented his forthcoming article “Contractual Freedom under Delaware Alternative Entity Law” at the AALS 2012 Annual Meeting, in Washington, D.C., at a program sponsored by the Section on Contracts entitled New Voices in Contracts Scholarship. The paper, which will be published this spring in the Journal of Corporation Law, was selected from a competitive call for papers and was presented alongside papers by junior scholars from the University of Pennsylvania School of Law and the London School of Economics. In February , Manesh presented the same paper at the annual Center for Law, Economics & Finance (C-LEAF) Junior Faculty Workshop held at George Washington University, in Washington D.C.  The paper was one of only twelve papers selected for the invitation-only C-LEAF Workshop.

Finally, also at the AALS 2012 annual meeting in January, Manesh was elected to serve on the executive committee for the AALS Section on Agency, Partnerships, LLCs and Unincorporated Business Associations. Manesh was nominated to the executive committee by Lyman Johnson of the Washington & Lee School of Law, who will visit the Law School in April as part of the Law School’s Lectures & Awards series.”

On January 5-6, Roberta Mann attended a tax policy roundtable in Washington, D.C., at the invitation of the Senate Finance Committee staff. The roundtable was attended by approximately 35 tax professors. Since the roundtable, Mann has received follow-up contacts about the possibility of testifying on “tax extenders.” Mann presented her paper entitled “Smart Incentives for the Smart Grid,” at the Global Conference on Environmental Taxation in Madrid, Spain, on October 20. To take advantage of renewable resources, the transmission system needs to be reinforced and expanded. Smart grid technology can overcome those logistical challenges and make renewable energy sources more acceptable. Mann’s paper examines the incentives provided through the tax system for development and implementation of smart grid technology, assessing the progress of the United States and considering strategies for the future.

On November 12, Michelle McKinley chaired a “lively” session on “New Historiography of the Taney Court” at the Annual Meetings of the American Society for Legal History, held in Atlanta, GA. In December, McKinley traveled to Guatemala to collaborate on a research project regarding war crimes and genocide. While there, she spent a week going to newly unearthed mass graves, funerals, police archives, and forensic anthropology labs to identify bodies of disappeared victims during the Guatemalan civil war. The funerals were reminiscent of South Africa in the 1980s: a public site where survivors could issue demands for accountability and justice against the perpetrators of these crimes in full view of the media, secret intelligence, military, and police. On January 7, McKinley was a discussant at a session on “Power Within Diaspora” during a meeting of the American Historical Association held in Chicago, IL.

This spring, Margie Paris published the second volume of her co-authored treatise entitled Mastering Criminal Procedure, with Carolina Academic Press (Vol. 1 2010, Vol. 2 2012). Earlier, Foundation Press released the fourth edition of her co-authored textbook Constitutional Criminal Procedure (2010). She also has a contract with Lexis/Nexis to publish a text entitled Skills and Values in Criminal Law later this year. In February, Paris is chairing the A.B.A. Site Visit to Brigham Young University’s J. Reuben Clark Law School.

Professor Ofer Raban’s article “Constitutionalizing Corruption: Citizens United, Its Conceptions of Political Corruption, and the Implications for Judicial Elections Campaigns” was published this month in the University of San Francisco Law Review.  The article is based on a presentation delivered at a symposium on Citizens United held last year at the University of San Francisco. On January 22, Raban published an op-ed entitled “Faith Exception Rules: Age, race, disability not protected” in the Register-Guard newspaper where he criticized the U.S. Supreme Court’s recent decision on the separation of church and state, arguing that the case smacks of double standards. In December, Professor Raban gave four lectures on legal theory in Poland. The lectures were delivered to students and faculties at the Universities of Warsaw and Lodz, and to a conference of Polish judges. Raban was the guest of Marek Zirk-Sadowski, Vice President of the Supreme Administrative Court of Poland.  Also in December, Professor Raban gave a talk on the U.S. Supreme Court at an Oregon State Bar’s CLE seminar, co-sponsored by the Constitutional Law Section, in Portland, OR.  In November, Professor Raban spoke at the annual University of Oregon School of Law Supreme Court Review/Preview, an event sponsored by the American Constitution Society student chapter. In October, Raban delivered a paper on constitutional law and liberalism in the Loyola Constitutional Law Colloquy at the Loyola University School of Law in Chicago, IL.

Suzanne Rowe is co-author of a new book in the Legal Research Series that is published by Carolina Academic Press. Federal Legal Re-search complements the state coverage of other books in the series. It is being used at law schools across the nation this spring. In addition, the second edition of New York Legal Research, of which she is also a co-author, was published in January.

Merle Weiner’s analysis criticizing the Model Relocation of Children Act contributed to the Family Law Section of the ABA withdrawing Resolution 104, the Model Relocation of Child Act, from consideration by the ABA House of Delegates. Weiner’s analysis was first considered by the ABA’s International Family Law Committee and the ABA’s Commission on Domestic Violence, both of which took adverse action on the Resolution.

In addition, Weiner was selected by the International Society of Family Law as a delegate to attend the Sixth Special Commission Meeting to Review Operation of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.

The meeting was held in The Hague at the end of January. Weiner shared with the other delegates her analysis of numerous topics, including the treatment of domestic violence under the Convention, the international regulation of parental relocation, a uniform international consent to travel form, and priorities for the Permanent Bureau’s future work.  Among other things, and much to Weiner’s delight, the Special Commission decided to recommend a Guide to Good Practice that addresses domestic violence, to modify its work on international relocation, and to abandon efforts to craft an international consent to travel form. At the Special Commission meeting, Weiner also met on a more individualized basis with the U.S. State Department as well as other delegations to discuss some of the issues under consideration.

Mary Wood’s chapter on Atmospheric Trust Litigation has been published in a book, Fiduciary Duty and the Atmospheric Trust (Ken Coghill, ed.) (Ashgate Publishing, 2011). She has also completed the second edition of her co-authored textbook on Natural Resources Law, and it is with the publisher for the final editing/publishing process.

On December 9, she also was quoted on Planetsave’s website in an article entitled “Kids Suing U.S. Over Climate Change Inaction” explaining her Atmospheric Trust Doctrine theory. She was also quoted on her Atmospheric Trust Doctrine in a Grist magazine article, “The Young and the Restless: Kids Sue Government over Climate Change,” on December 8.  On February 18, Wood will be leading a workshop on Victory Speakers for Climate Campaigning at the Rocky Mountain Power Shift Conference in Missoula, MT.



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