Faculty Outreach

 
Richard Ausness, Ashland Oil Professor of Law, was a panelist on the "Roundtable Discussion on the Future of Mass Tort litigation: Repercussions of the Tobacco Litigation," sponsored by the Southeastern Association of Law Schools at Amelia Island, Florida on July 21, 2003. Professor Ausness also published ãTort Liability for the Sale of Non-Defective Products: An Analysis and Critique of the Concept of Negligent Marketing in the 2002 53 South Carolina Law Review 907 and ãWill More Aggressive Marketing Practices Lead to Greater Tort Liability for Prescription Drug Manufacturers? in 37 Wake Forest Law Review 97. 

Carolyn Bratt, W.L. Matthews, Jr. Professor of Law, was among the 14 men and women inducted into the Kentucky Human Rights Commission Hall of Fame on July 29, 2003 in Louisville. Established in 2000, the Hall of Fame honors the inductees based on leadership and achievement in Kentucky's progress toward equality, human rights and diversity. Professor Bratt was also the recipient of the most prestigious award in the Commonwealth of Kentucky for activism on behalf of women. Bratt's portrait and those of others inducted this year (only four) will join the permanent exhibit which hangs in the West Wing of the state Capitol Building. She was given this honor in March of this year. 

Rutheford B Campbell, Law Alumni Professor of Law, completed an article with Professor Gaetke during 2003, titled: "The Ethical Obligation of Transactional Lawyers to Act as Gatekeepers after Enron," in 56 Rutgers Law Review. This article was chosen for presentation at the 2003 Annual Meeting of the Association of American Law Schools in Washington, D.C. The authors assert that corporate lawyers owe greater ethical responsibilities to shareholders than to corporate management and propose further duties to avoid corporate disasters like that of Enron. Professor Campbell also published "The Impact of Modern Finance Theory in Acquisition Cases," in 53 Syracuse Law Review 1 reproduced in part in Corporate Practice Commentor (Robert Thompson, ed.). 

Jonathan Cardi, Assistant Professor of Law, presented a paper entitled "Double-Dipping and the Hydra: Why Copyright Falters in the Face of New Music Technology" at the Southeastern Association of Law Schools conference in July, 2003. He is also preparing a law review article on the changing role of foresee ability in negligence brought about by the proposed Restatement (Third) of Torts. 

Allison Connelly, Associate Professor of Law & Director, Legal Clinic, published two books in 2003 titled: Baldwin's Kentucky Practice , Vol. 2, Criminal Practice and Criminal Law of Kentucky 2003-2004. 

Mary Davis, Stites & Harbison Professor of Law, is currently finishing work on the 4th edition of Products Liability and Safety: Cases and Materials (Foundation Press) with David G. Owen and John E. Montgomery, for adoption in the fall of 2004. Professor Davis also serves on the University's President's Commission on Women. She was also elected associate member of the International Academy of Comparative Law; selected to make presentation to the Association of American Law Schools Torts Conference in June 2003 on Complex Litigation in the Torts Curriculum and was invited to present Complex Litigation topic at the University of Michigan School of Law, September 8, 2003. 

William H. Fortune, Robert G. Lawson Professor of Law, published Kentucky Criminal Law with Robert G. Lawson in 2003, Modern Litigation and Professional Responsibility Handbook (2nd ed. 2002 and supp. 2001 and 2002, 2003) with Richard H. Underwood and Psychology and the Legal System (5th ed. 2002) with Lawrence S. Wrightsman, Edie Greene, and Michael T. Nietzel. 

Christopher W. Frost, Associate Dean for Academic Affairs and Frost Brown Todd Professor of Law, published his article ãFinancing Public Health through Nonprofit Conversion Foundations in 90 Kentucky Law Journal 935 in 2002. During 2003, he served as a contributing columnist for the Lexington Herald-Leader writing a monthly column for the newspaper. Also during 2003, he became a member of the American Board of Certification, an organization that certifies attorneys as bankruptcy and creditors' rights specialists. In January, 2004, Frost was elected chair of the Creditors' and Debtors' Rights Section of the Association of American Law Schools. He also spoke at a Conference on Bankruptcy for State Court Judges at Southern Illinois University School of Law on February 27, 2004. 

Mary Louise Everett Graham, Wendell H. Ford Professor of Law, published her article "Child Witness Policy: Law Interfacing with Social Science" in 65 Law & Contemporary Problems 209 in 2002 with Dorothy F. Marcil, Jean Montoya and David Ross. 

Eugene R. Gaetke, H. Wendall Cherry Professor of Law, published an article "The Ethical Obligation of Transactional Lawyers to Act as Gatekeepers after Enron" with Professor Campbell in 56 Rutgers Law Review. This article was also chosen for presentation at the 2003 Annual Meeting of the Association of American Law Schools in Washington, D.C. The authors assert that corporate lawyers owe greater ethical responsibilities to shareholders than to corporate management and propose further duties to avoid corporate disasters like that of Enron. 

Alvin L. Goldman, William T. Lafferty Professor of Law, published his books Negotiation: Theory and Practice with J. Rojot (Kluwer Law International) in 2003, Labor and Employment Law in the United States, (Kluwer Law International, 1996) up-dated, with R. White, in the International Encyclopedia for Labour Law, (2002) and Legal Protection for the Individual Employee with M. Finkin and C. Summers (West Publishing, 1989, 1995, 2002). Professor Goldman also contributed "Assessing Employment Policies from an Organic Perspective: the Needed Transition from Job Security and Job Welfare to Personal Security and Welfare" in Changing Industrial Relations & Modernisation of Labour Law (Kluwer, 2003). Professor Goldman completed a paper titled "Report of the United States of America on Theme II: Labour Law and the Fundamental Rights of the Person" for the World Congress of the International Society for Labour Law and Social Security, Montevideo in September 2003. He also completed "Overview and U.S. Perspective for symposium on "A Comparative Study of the Impact of Electronic Technology on Workplace Disputes" which was presented in Comparative Labor Law and Policy Journal. Goldman also completed a paper titled ãUnwritten Constitutional Norms and Principles: A Perspective on Constitutional Decision-Making by the Supreme Court of the United States of America" for Santiago World Congress of the International Association of Constitutional Law, in January 2004. In addition, Professor Goldman's article "Propriety of Resorting to Unwritten Norms and Principles in Constitutional Decision Making" in the 2003 Kentucky Law Journal 3. In addition, Goldman attended the World Congress of the International Society for Labour Law and Social Security in Montevideo, Uruguay in September 2003. Professor Goldman continues to be the Chair for the U.S. Branch of the International Society for Labor Law and Social Security., as well as the Co-editor, Bulletin of the U.S. Society for Labor Law and Social Security. Professor Goldman also serves as U.S. co-reporter for International Labour Law Reports. Professor Goldman also participated, as the U.S. delegate, in the governing body's pre-conference meeting of the International Society for Labor and Social Security Law held in Montevideo, Uruguay in September 2003. He was the key draftsman for a revised set of organization by-laws that was adopted at this conference. During the conference, he moderated one session and gave short presentations at two others. A report he prepared on an aspect of U.S. labor law was included in the circulated conference papers. During the third week of October Professor Goldman attended the mid-year meeting of the National Academy of Arbitrators in Interlocken, CO, where he met as a member of a sub-committee that is preparing revised advisory opinions respecting the professional responsibilities of arbitrators of labor-management disputes. 

Roberta M. Harding, Willburt D. Ham Professor of Law, presented a paper titled "Reel Violence: Popular Culture and Concerns about Capital Punishment's Place in Contemporary American Culture" in June 2003 at a Conference on Law and Popular Culture sponsored by the Faculty of Law at University College London in England. The paper will be included in a book of the Conference papers that will be published by the Oxford University Press. Professor Harding also published two articles titled "Prosecutorial Misconduct in Capital Cases in the Commonwealth of Kentucky: A Research Study" (1976-2000), in 25 The Advocate 14 in 2003 and "Gallery of the Doomed: Creative Expressions and the Death Row Inmate" in 28 New England Law Journal on Criminal & Civil Confinement 195 in 2002. 

Michael P. Healy, Dorothy Salmon Professor of Law, has been awarded a Fulbright Scholar grant to teach courses in administrative law and international and comparative environmental law at Xiamen University in Xiamen, Fujian, China. In addition, Professor Healy is publishing an article, entitled, "Law, Policy, and the Clean Water Act: The Courts, the Bush Administration and the Statute's Uncertain Reach," which is to be published by the Alabama Law Review as part of a Clean Water Act Symposium. Professor Healy visited Laval University in Quebec, Canada, in October 2003 where he presented "Judicial Review of Administrative Agencies in United States Law" to a faculty colloquium. He also presented "The Precautionary Principle in United States Environmental Law" as part of an environmental law symposium sponsored by Laval University. He also addressed a graduate seminar at Laval University with a talk on ãThe Sustainable Development Principle in United States Environmental Law. During that trip, Professor Healy traveled to Montreal, where he presented "The Precautionary Principle in United States Environmental Law" to the Centre Interuniversitaire de recherche en analyse des organizations (CIRANO). Professor Healy presented a Supreme Court and Legislation Preview for Environmental Law at the annual meeting of the Southeast Region of the Association of American Law Schools in July 2003. Professor Healy also presented a talk entitled Reformulated Chevron: The Need for a More Effective Rule of Deference to Administrative Interpretations of Statutes at the University of Cincinnati College of Law in April 2003. Professor Healy also published two books in 2003: Administrative Law, (Aspen Law & Business) with John M. Rogers & Ronald J. Krotoszynski, Jr. and Teacher's Manual for Administrative Law, (Aspen Law & Business) co-authored with John M. Rogers & Ronald J. Krotoszynski Jr. Professor Healy also published two articles in 2002: "Information-Based Regulation and International Trade in Genetically-Modified Agricultural Products: An Evaluation of The Cartagena Protocol on Biosafety" in 9 Washington University Law Journal & Politics 205-43 and "Spurious Interpretation Redux: Mead and the Shrinking Domain of Statutory Ambiguity" in 54 Admin. Law Review 673-86.

Mark Kightlinger, Assitant Professor of Law, published A Solution to the Yahoo! Problem?  The EC E-Commerce Directive as a Model for International Cooperation on Internet Choice of Law , 24 Mich. J. Int'l L. 719 (2003).
 

Robert G. Lawson, Charles S. Cassis Professor of Law, published Kentucky Criminal Law with William H. Fortune, as well as The Kentucky Evidence Law Handbook (Lexis-Nexis,Matthew-Bender, 4th ed.) in 2003. Professor Lawson was named Berea College's Distinguished Alumni in 2003. 

Douglas C. Michael, Edward T. Breathitt Professor of Law, published two articles, "Business Law Reform in the United States: Thinking Too Small?", in 91 Kentucky Law Journal 849 in 2003 and "To Know a Vei"l in 6 Journal of Corporate Law 41 in 2002. 

David H. Moore, Assistant Professor of Law, recently published "Agency Costs in International Human Rights," 42 Colum. J. Transnat'l L. 491 (2004) and "A Signaling Theory of Human Rights Compliance," 97 Nw. U. L. Rev. 879 (2003). In addition, his paper entitled "Theory of Human Rights: A State Based Perspective" was accepted for inclusion in the Second International Conference on Human Rights: Theoretical Foundations of Human Rights held in Qom, Iran, in 2003.  

Kathryn Moore, Everett H. Metcalf, Jr. Professor of Law, and her co-author, Lawrence Frolik of the University of Pittsburgh, submitted the manuscript for their casebook, The Law of Employee Pension and Welfare Benefits (Lexis-Nexis), which will be published this spring. Moore also gave a talk entitled "Lessons from the French Funding Debate" at the Ohio State Law Journal Symposium on Public Policy for Retirement Security in the 21st Century in April 2003. An article, based on her talk, will be published in the Ohio State Law Journal. Moore also presented this work at a faculty workshop at the University of Saint Louis School of Law in April 2003. Professor Moore's article,"The Effects of Partial Privatization of Social Security Upon Private Pensions" was published in the 2003 New York University Review of Employee Benefits and Executive Compensation. Also, in fall 2002, Professor Moore was elected to the American Law Institute and to the National Academy of Social Insurance. 

Lori Ringhand, Assistant Professor of Law, spent six weeks last summer as a Visiting Scholar at Oxford University working on a project examining recent changes in British concepts of judicial review. She also recently presented a paper at the University of Kentucky Randall-Park Colloquium, examining judicial review in the context of U.S. campaign finance law. Professor Ringhand has previously published an article, "Concepts of Equality in British Election Financing Reform Proposals," in 22 Oxford Journal of Legal Studies 253. 

Hon. John M. Rogers, Professor of Law Emeritus, published Administrative Law, (Aspen Law & Business) with Michael P. Healy & Ronald H. Krotoszynski, Jr. in 2003. 

Paul E. Salamanca, James & Mary Lassiter Associate Professor of Law, has published three recent articles: "The Constitutionality of an Executive Spending Plan," 92 Kentucky Law Journal 149-216 (2003-04), "Toward Realistic Substantive Neutrality," 41 Brandeis Law Journal 575-86 (2003), and "Choice Programs and Market-Based Separationism," 50 Buffalo Law Review 931-79 (2002). He will soon publish "The Liberal Polity and Illiberalism in Religious Traditions" in the Barry Law Review. 

Robert G. Schwemm, Ashland Professor of Law, was lead counsel for respondents in the U.S. Supreme Court case of Meyer v. Holley, 537 U.S. 280 (2003). He published an article titled "A New Look at Sexual Harassment under the Fair Housing Act: The Forgotten Role of ¤3604(c)" in the 2002 Wisconsin Law Review with Rigel C. Oliveri, and updated his book Housing Discrimination: Law and Litigation (West Group) in 2002 & 2003. Professor Schwemm also gave presentations in Chicago, Atlanta, San Diego, and Washington, D.C. 

Richard H. Underwood, Spears-Gilbert Professor of Law, published the following books: Kentucky Evidence Courtroom Manual (2001, 2002 ed.) and Modern Litigation and Professional Responsibility Handbook (2nd ed. 2002 and supp. 2001 and 2002) with William H. Fortune. Professor Underwood also published four articles in 2003: "Crimesong: Some Murder Ballads and Poems Revisited" in 2003 with Carol Parris, Southern Journal of Legal History, "Not So Great Moments In Trial Advocacy: Clement Vallandigham," Widener Law Journal, "What Gets Judges In Trouble," Journal of the National Association of Administrative Law Judges, and "What I Think I Have Learned About Legal Ethics," in 39 Idaho L. Rev. 321. In addition, Professor Underwood published two articles in 2002, as well as a Book Review: "Moonlight Abraham Lincoln and the Almanac Trial," in 29 N. Kentucky Law Review 237 in 2002. The two articles are titled: "Administrative Adjudication in Kentucky: Ethics and Unauthorized Practice Considerations," 29 N. Kentucky Law Review 359 and "Attorney-Client and Work Product Privileges: The Case for Protecting Internal Investigations on the University Campus," in 90 Kentucky Law Journal 531 with Virginia Underwood. 

Allan W. Vestal, Dean and Professor of Law, published a law review article "Drawing Near the Fastness? The Failed United States Experiment in Unincorporated Business Entity Reform," in Joseph A. McCahery, Theo Raaijmakers and Erik P.M. Vermeulen, The Governance of Close Corporations and Partnerships in Europe and the United States (Oxford Press, 2004). Dean Vestal also presented a paper, "Real Partnerships and Real Problems: Conforming Business Entity Law to Fiscal Realities and Popular Conceptions," in April 2003, at a symposium on The Convergence of Fiduciary Duties in Unincorporated and Incorporated Entities: The Issue, Its Implication, Its Limitations by the Delaware Journal of Corporate Law. Dean Vestal also published the following articles: "Business Law Reform in South Africa: The Right Path, The Right Reason," in the 2003 Kentucky Law Journal as part of the symposium issue. Dean Vestal participated as a member of the PhD committee for E.P.M. Vermeulen's thesis, "The Evolution of Legal Business Forms in Europe and the United States: Venture Capital, Joint Venture and Partnership Structures," at Tilburg University in the Netherlands, in June, 2003. 

Harold R. Weinberg, Wyatt Tarrant & Combs Professor of Law, published an article "Trademark Law, Functional Design Features, and the Trouble with Traffix," in 9 Journal of Intellectual Property Law 002. 

Sarah N. Welling, Wendell H. Ford Professor of Law, is a new coauthor for two volumes of Wright's Federal Practice and Procedure treatise including coverage of Federal Rules of Criminal Procedure 30 to 42. She is the Reporter for the second edition of the Sixth Circuit Criminal Pattern Jury Instructions, which will be published in 2004. She participated in a roundtable discussion on money laundering in Latin America sponsored by the CIA Directorate of Intelligence in 2002. 

Richard Westin, Laramie L. Leatherman Distinguished Professor of Law, published his article "International Dual Incorporation" in Journal of International Taxation in January 2004. Professor Westin also published WG&L Tax Dictionary (2004, 2005 ed.). He also was the keynote speaker at the Fourth World Environmental Tax Conference in Sidney, Australia during June of 2003. Professor Westin delivered a book chapter to be included in the proceedings of the conference. He also published Basic Federal Income Taxation of Individuals (Aspen Law and Business, Spring 2002) and Tax Management Portfolios 109 and 601 (both on mining taxation, published 2002 and 2003 -- complete revisions). Professor Westin also published four Chapters in BNA Federal Tax Service. The Tax Management Portfolios are 603 Tax Management Portfolio, Mineral Properties Other than Oil and Gas- Operations as well as "," in 601 Tax Management Portfolio, Mineral Properties Other than Oil and Gas - Exploration, Acquisition, Development and Disposition.