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Fellows in Print

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Judith Greenstone Miller, Michigan Fellow and Paul R. Hage, Sixth Circuit Court of Appeals Holds That a Perfected Assignment of Rents Enforced Pre-Petition Excludes Such Rents From Being Property of The Bankruptcy Estate, 37 Mich. Bus. L.J. 37 (Spring 2017), and The New Michigan Domestic Asset Protection Trust Statute and Its Impact on Fraudulent Transfer Law, __ Mich. Bus. L.J. ___ ( ______, 2017).

Joel Miller, New York Fellow, has published the second edition of  The Patent Trial and Appeal Board: Advocacy and Practice (2017), a procedural manual and guide for trials and appeals at the USPTO's Patent Trial and Appeal Board. Additional details may be found here

Ben Trachtenberg, Missouri Fellow, How University Title IX Enforcement and Other Discipline Processes (Probably) Discriminate Against Minority Students, 18:2 NEVADA LAW JOURNAL __ (forthcoming 2018). 

University of Missouri School of Law Professor Ben Trachtenberg has written an article on race and campus discipline that will appear in the Nevada Law Journal in 2018. The article, which is available online in draft form, argues that university discipline procedures likely discriminate against minority students and that increasingly muscular Title IX enforcement—launched with the best of intentions in response to real problems—almost certainly exacerbates yet another systemic barrier to racial justice and equal access to educational opportunities. He proposes that the U.S. Department of Education should use its authority under Title VI of the Civil Rights Act to require that colleges and universities immediately begin collecting and publishing the sort of data already reported by elementary and secondary schools, thereby allowing observers to assess the scope of disparate impact in campus discipline processes.

Richard H. Underwood, Kentucky Fellow, and Gregory J. Davis. Gaslight lawyers: criminal trials & exploits in gilded age New York. Shadelandhouse Modern Press, LLC, 2017. Read more here

Barbara J. Gislason, Minnesota Life Fellow, Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family. American Bar Association, Section of Family Law, 2017.  

A valuable contribution to legal jurisprudence, this book examines in detail the progression of law that affects animal law in general, and the various aspects that particularly impacts pets and companion animals. Unique, inspiring, and interesting, author Barbara Gislason clarifies how scientific knowledge about the cognitive abilities and emotional characteristics of other animals should lead to legal developments. This book provides synthesizes legal and ethical information on how the law affects pets with pertinent case law analysis.  This is a very useful and well-crafted work for lawyers. The book takes an in-depth look at the subject of pet custody disputes from many angles. Not only explaining legal topics, such as what judges do in a practical way and how they might approach a case, the book also considers how cultural perspectives, cognitive biases, and points of view impact negotiations, alternative dispute resolutions, and decision-making processes. 

James W. Jones, Anthony E. Davis (NY Life Fellow), Simon Chester and Caroline Hart, Reforming Lawyer Mobility—Protecting Turf or Serving Clients?, The Georgetown Journal of Legal Ethics, Vol. 30:125, 2017.

Barak D. Richman, North Carolina Fellow, Stateless Commerce: The Diamond Network and the Persistence of Relational Exchange (Harvard University Press, 2017).

Charles E. Wright, Nebraska Fellow, Law at Little Big Horn: Due Process Denied (Plains Histories) (Texas Tech University Press, 2016). 

Professor Gloria J. Browne-Marshall, New York Fellow,  The Voting Rights War: The NAACP and the Ongoing Struggle for Justice (Rowman & Littlefield Publishers, 2016). 

The Voting Rights War examines the Supreme Court cases brought by the NAACP as well as the lives lost in the struggle for voting rights. It follows the early NAACP legal battles centered on challenging the Grandfather clause in 1915 to the cases involving photo identification and demographic "One Man/One Vote," today.

Professor Catherine J. Ross, District of Columbia Life Fellow, Lessons in Censorship: How Schools and Courts Subvert Students' First Amendment Rights (Harvard University Press, 2015), which Ron Collins' First Amendment News in Concurring Opinions named 2015's Best Book on the First Amendment. Professor Ross also co-authored with Douglas AbramsNaomi Cahn, David Meyer the Fourth Edition Contemporty Family Law (Thomas/West).

Anthony S. Volpe, Pennsylvania Fellow, co-authored with Dionne D. Heard and Steven M. Landolfi, "Inter Partes Review: Three Years Later and the Difference Is?" (Intellectual Property Law Newsletter of the Pennsylvania Bar Association, Fall 2015). Click here for the full publication.

John J. Okray, Texas Life Fellow, co-authored with Raymund C. King, MD, Legally Chocolate - A Confection of Cocoa in the Courts (ABA Book Publishing, 2015).

Professor Jonathan Todres, Georgia Fellow, co-authored with Sarah Higinbotham, Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016). 

Hon. Steven I. Platt, (Ret.) Maryland Fellow, co-authored with Daniel P. Carter, Esq. "Alternative Dispute Resolution." Business Torts A Practical Guide To Litigation. American Bar Association, 2015. 

Lynn Hecht Schafran, New York Life Fellow, Director of the National Judicial Education Program at Legal Momentum, published two articles in the ABA Judicial Division’s magazine, The Judges’ Journal, that have been widely circulated and translated.  Domestic Violence, Developing Brains, and the Lifespan:  New Knowledge from Neuroscience, The Judges’ Journal, Summer 2014 at 32 ,was also cited in a First Circuit opinion.  Medical Forensic Sexual Assault Examinations:  What Are They and What Can They Tell the Courts?, The Judges’ Journal, Summer 2015 at 16, is being utilized by medical as well as judicial and legal organizations

Randolph J. May, Maryland Fellow, Co- Authored with Seth L. Cooper, The Constitutional Foundations of Intellectual Property - A Natural Rights Perspective (Carolina Academic Press, 2015).

Dean Robert K. Vischer, Minnesota Fellow, The Kim Davis situation: How to make distinctions when conscience and duty collide, Minneapolis Star Tribune, September 16, 2015, http://www.startribune.com/the-kim-davis-situation-how-to-make-distinctions-when-conscience-and-duty-collide/327784301/

Mark A. A. Warner, Ontario Fellow, Trans-Pacific Partnership Trade Talks Shouldn't Stop for Elections, Huffington Post, August 20, 2015, http://www.huffingtonpost.ca/mark-warner/trans-pacific-partnership-negotiations_b_8011772.html

T. Markus Funk, Colorado Fellow, Victims’ Rights and Advocacy at the International Criminal Court (Second Edition, 2015). 

Dr. Artika Tyner, Minnesota Fellow, The Leader's Journey: A Guide to Discovering the Leader Within (ABA Book Publishing, 2015).

Honorable Judge Sheila M. Murphy (Ret.), Illinois Life Fellow, Co-Editor with Professor Michael Seng, Restorative Justice in Practice: A Holistic Approach (Vandeplas Publishing, 2015).

Earl Johnson, Jr., To Establish Justice For All: The Past And Future Of Civil Legal Aid In The United States (Praeger, 2014). 

John Okray, Texas Life Fellow, "The ABCs of ACOs: A Practical Handbook for Accountable Care Organizations.  Additional authors: Martin R. Merritt, Rachel V. Rose, and Raymund Camilo King.  This publication was sponsored by the ABA Health Law Section and published by the ABA Book Publishing.

David A. Murdoch, Of Counsel in the Pittsburgh office of K&L Gates LLP, authored and contributed a 70-page chapter on “Bankruptcy Opinions” to the recently published third edition of the treatise entitled “Legal Opinions in Business Transactions” by Arthur Norman Field and Jeffrey M. Smith. The Practising Law Institute (PLI) published this three-volume work in May “to provide transactional lawyers with a single source for their opinion questions, except when there is a need to consult applicable state bar reports.”  (PLI) Mr. Murdoch’s chapter is in Volume 2 that “covers opinions given in nine specialty practice areas, utilizing the experience of well-accepted experts in each area.” (PLI). He was one of nine contributing authors who wrote these specialty chapters. Mr. Murdoch covered six types of bankruptcy opinions: (1) Asset Sale or Transfer Opinions for Transfers under Bankruptcy Court Supervision; (2) Substantive Consolidation Opinions and the Special Purpose Entity (SPE) in Structured Finance Transactions; (3) True Sale Opinions; (4) Opinions Relating to the Risk of an Involuntary Bankruptcy Being Filed Against a Nonprofit Organization; (5) Opinions about Avoidable Fraudulent Transfers and Obligations; and (6) Preference Opinions for Credit-Supported Financings.  He also provided suggested checklists for these opinions and presented materials relevant to professional conduct and ethical concerns.

Donald H. Vish, Louisville, KY ( Life Member, D. C. Chapter), “Poetic Justice: Law and Literature in the Classroom”  appears in the May-June issue of Social Education 78(3), pp 108–111, the official journal ofNational Council for the Social Studies//June 2014, Looking at the Law” section managed by the American Bar Association. www.socialstudies.org.

Steven A. Ramirez, Lawless Capitalism: The Subprime Crisis and the Case for an Economic Rule of Law, NYU Press 2013.

Daniel J. Hoffheimer, "Ethics Warnings on Confidentiality in Email, Cyberspaces, and Changing Fees," The Probate Law Journal of Ohio, Vol. 22, No. 4 (March/April 2012).  Click here to download a PDF of Mr. Hoffheimer's publication.

Ronald Rotunda,  Are Capitalists Happier?, Reuters, Aug. 12, 2011, http://blogs.reuters.com/great-debate/2011/08/12/are-capitalists-happier/ (co-authored with Vernon Smith, 2002 Nobel Laureate in Economics, & Bart Wilson), reprinted in, e.g., The Daily Star (Dhaka, Bangladesh), Aug. 15, 2011; Ethiopian Review, Aug. 12, 2011.

Kagan Should Recuse from ObamaCare Case, Washington Examiner, Feb. 14, 2012, http://washingtonexaminer.com/opinion/op-eds/2012/02/kagan-should-recuse-obamacare-case/269386

Constitutionalizing Judicial Ethics: Judicial Elections after Republican Party v. White, Caperton, and Citizens United, 64 U. Arkansas Law Rev. 1 (2011)(Hartman-Hotz Distinguished Lecture).

Resolving Client Conflicts by Hiring “Conflicts Counsel,” 62 Hastings Law Journal 677 (2011).

Lawyers: Why We Are Different and Why We Are the Same: Creating Structural Incentives in Large Law Firms to Promote Ethical Behavior – In-House Ethics Counsel, Bill Padding, and In-House Ethics Training, 44 Akron Law Rev. 679 (2011)(Miller-Becker Professional Responsibility Distinguished Lecture Series).

Transparenta Judiciara, Etica Judiciara si o Solutie Judiciara, Revista Forumul Judecatorilor 16 (No. 2, 2011).

Modern Constitutional Law: Cases and Notes (West Thomson Reuters, St. Paul, Minnesota, 10th ed. 2012).

Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility (ABA-Thomson/West, St. Paul, Minn., 10th ed. 2012) (a Treatise on legal ethics, jointly published by the ABA and Thomson/West) (with John S. Dzienkowski).

Kenneth Penegar, The Political Trial of Benjamin Franklin: A Prelude to the American Revolution (2011) by Algora Publishing of New York. Access to the book through Amazon, Barnes & Noble as well Google.

Brock, Ralph H., "The Ultimate Gerrymander: Dividing Texas Into Four New States" in 6 Cardozo Public Law Policy and Ethics Journal 651 (2008); "This Court Took a Wrong Turn with Bates: Why the Supreme Court Should Revisit Lawyer Advertising" in 7 First Amend. Law Review 145 (2009); "William R. Scurry and the Withdrawal of the Texas Boundary Commission" in 79 Panhandle-Plans Hist. Rev. 21 (2007); "'Perhaps the Most Incorrect of Any Land Line in the United States': Establishing the Texas-New Mexico Boundary Along the 103rd Meridian" in 109 S.W. Hist. Q. 431 (April 2006); "'An Aliquot Portion of Their Dues': A Survey of Unified Bar Compliance with Hudson and Keller" in 1 Tex. Tech J. Tex. Admin. L. 23 (2000); "The Ghost in the Computer: Radio Frequency Interference and the Doctrine of Federal Preemption" in 1999 Computer L. Rev. and Tech. J. 17 (2000), re-published on CD-ROM supplement to Fred Hopengarten, Antenna Zoning for the Radio Amateur (ARRL 2001); "'The Republic of Texas Is No More': An Answer to the Claim That Texas was Unconstitutionally Annexed to the United States in 28 Tex. Tech L. Rev. 679 (1997), cited in McLaren V. United States Inc., 2 F.Supp.2d 48 (D.D.C. 1998); "Giving Texas Lawyers Their Dues: The State Bar's Liability Under Hudson and Keller for Political and Ideological Activites" in 28 St. Mary's L.J. 47 (1996).

Browne-Marshall, Gloria J., Race, Law, and American Society: 1607 to Present (Routledge, March 2007).

Causey, William, “Burden Proof and Presumptions in the Shakespeare Authorship Debate” in Tennessee Law Review Volume 72, Number 1 (Fall 2004).

Faruki, Charles J., “Cross Examination That Hurts the Witness, Not You,” in Litigation Volume 33, Number 3 (Spring 2007): 38-42.

Frankel, Tamar, Books: Securitization, 2nd edition, Ann Taylor Schwing, ed. (Fathom Publishing Company, 2006); Trust and Honesty in the Real World, with Mark Fagan (Fathom Publishing Company, 2007); Fiduciary Law (Fathom Publishing Company, 2008).  Articles:"Court of Law and Court of Public Opinion: Symbiotic Regulation of the Corporate Management Duty of Care" in 3 NYU Journal of Law & Business 353 (2007); "Are Advisers Contributing to Fund Rule Avalanche?" in Ignite Magazine (April 2006); Amicus Brief for City of Hope National Medical Center v. Genentech, Inc., as Amicus Curiae Supporting Plaintiff and Respondent, appeal docketed, No. S129463, California Supreme Court (February 28, 2006); Chapter 12 in Conflicts of Interest: Corporate Governance and Financial Markets, Luc Thevenoz and Rashid Bahar, eds. (2006); "How Did We Get into This Mess?" in 1 Journal of Business & Technology Law 133 (2006); "The Mysterious Ways of Mutual Funds: Market Timing," with Lawrence A. Cunningham, in 25 Annual Review of Banking & Financial Law 235 (2006); "Using Sarbanes-Oxley Act to Reward Honest Corporations," in 62 Business Lawyer 151 (2006); "What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules," in 33 Florida State University Law Review 698 (2006).

Fidell, Eugene R., Military Justice: Cases and Materials, with Elizabeth L. Hillman and Dwight H. Sullivan (LexisNexis, 2007).

Garrett, Elizabeth, Elizabeth Graddy and Howell Jackson, eds., Fiscal Challenges: An Interdisciplinary Approach to Budget Policy (Cambridge University Press, 2007).

Hoffheimer, Daniel J., “The Essential Attributes of Professionalism” in 8 Journal of Practical Estate Planning Number 6 (2007).

McNeil, Chris, “National Judicial College Desktop on Evidence for Administrative Law Judges" (2006); “Applying the Restorative Justice Model on Medical Malpractice” in 12 Restorative Directions Journal 2B (2006); “Shifts in Policy and Power: Calculating the Consequences of Increased Prosecutorial Power and Reduced Judicial Authority in Post 9/11 America” in 15 Widener Law Journal 109 (2005); “The Marginal Utility of Consolidated Agency Hearings in Ohio: A Due Process Analysis from an Economic Perspective" in 32 Ohio Northern University Law Review 127 (2006); “Executive Branch Adjudications in Public Safety Laws: Assessing the Costs and Identifying the Benefits of ALJ Utilizations in Public Safety Legislation” in 38 Indiana Law Review 435 (2005); “Interstate Compacts and the Gaming Industry: An Ohio Application” in 9 Gaming Law Review Number 5 449 (2005); “Critical Factors of Adjudication: Language and the Adjudication Process in Executive and Judicial Branch Decisions” in 23 Journal of the National Association of Administrative Law Judges 411 (2003).

Merriam, Dwight and Mary Massaron Ross, Eminent Domain Use and Abuse: Kelo in Context (American Bar Association, 2007).

O'Neill, Philip, National Security and the Legal Process (Oxford University Press, 2008).

Redfield, Sarah E., Diversity Realized: Putting the Walk with the Talk for Diversity in the Legal Profession (Vandeplas Publishing, 2009). Click here to read an excerpt from the book.

Smith, Selma Moidel, "Justice Betty Roberts Honored by ABA Commission on Women" in 18 Experience 3 (Spring 2007); "Justice Betty Roberts's Illustrious Career" in 92 Women Lawyers Journal 3 (Spring 2007).

Stockmeyer, Norman Otto, "Do You SSRN?" in The Scrivener (Winter 2011): 4-5; "An Open Letter to a Colleague Preparing to Teach Remedies" in 12 Thomas M. Cooley Journal of Practical and Clinical Law 115 (2010); "Scribes After More Than 50 Years - A History" (with Thomas M. Steele) in 12 Scribes Journal of Legal Writing 1 (2008-2009); "To Err is Human, To Moo Bovine: the Rose of Aberlone Story" in 24 Thomas M. Cooley Law Review 492 (2007); "Using Microsoft Word's Readability Program" in The Scrivener (Spring 2008): 7.

Thornburgh, Richard L., “The Dangers of Over-Criminalization and the need for Real Reform: The Dilemma of Artificial Entities and Artificial Crimes” in American Criminal Law Review Volume 44, Number 4 (Fall 2007).

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