ku law magazine | spring 2008

SPRING 2008

OUT OFPRACTICENontraditional paths bear fruitful careers for law school grads

Dear Alumni and Friends,

As I write this, spring has returned to Mount Oread. March Madness is behind us, and the Jayhawks emerged victorious in the NCAA championship. In Green Hall, first-year law students frantically prepare for final exams, while their third-year counterparts impatiently count down the days to commencement. Late spring is a bittersweet time for the law school, as another group of KU Law students transforms, over the course of an emotion-filled afternoon, into KU Law alumni.

This has been quite a year. Professor Ellen Sward received a Kemper Fellowship for Teaching Excellence, and Professor Rick Levy gave his inaugural lecture as the first holder of the J.B. Smith Distinguished Professorship in Constitutional Law. We celebrated a national moot court win in criminal procedure and a sweep of a national writing competition in international trade. We hosted distinguished jurists, including Chief Justice John Roberts and Judge Judith Barzilay from the U.S. Court of International Trade, and renowned scholars, including Professors Henry Hank Greely from Stanford and Philip Frickey from the University of California at Berkeley.

We welcomed large numbers of you home to Green Hall for Alumni Weekend, the 50/50+ Reunion, Make a Difference Day, the Deans Club and Green Medallion dinner, and the first KU Law alumni Return to Green continuing legal education program. Justice Carol Beier, L85, administered a law student oath to first-year law students as part of their orientation to law school. Judge Steve Leben, L82, welcomed new graduates to the ranks of KU Law alumni at the hooding ceremony. Alumni served as adjunct instructors and guest lecturers in our classrooms, and advisers and employers to students seeking summer clerkships and their first jobs as lawyers. We are a stronger law school because of your involvement and your generosity, and we are grateful to you.

As you will read in these pages, in January we established a new legal clinic at Southwest Boulevard Family Health Care in Kansas City, Kan., our third live client clinic, joining Douglas County Legal Aid and the Paul E. Wilson Defender Project. With this new initiative, KU Law becomes one of fewer than a dozen universities to provide medical students and law students the opportunity to work as professional partners to serve the medical and related legal needs of an indigent patient population. Start-up funding for the medical-legal clinic was provided by the Health Care Foundation of Greater Kansas City. In the coming months, we will continue to seek long-term funding for the clinic. This June, thanks to the generosity of the KU Law alumni at Shook, Hardy & Bacon, we will announce the new Shook, Hardy & Bacon Center for Excellence in Advocacy. Stay tuned for news of the programs the center will bring to Green Hall.

If the measure of a law school is the success of its graduates, we have much to celebrate. Judge Stephen Six, L93, was named attorney general by Kansas Gov. Kathleen Sebelius. Peggy Kittel, L83, was appointed to the judicial seat Attorney General Six vacated in the 7th Judicial District. Travis Lenkner, L2005, became our fifth Supreme Court clerk, set to begin serving Justice Anthony Kennedy in September. And Shannon Roesler, L2000, increases the teaching ranks of KU Law alumni as she joins the faculty of Oklahoma City University School of Law. You can read more about our successful alumni who took nontraditional paths to success in the pages that follow.

I hope you enjoy this issue of KU Law Magazine. Dont be a stranger in Green Hall.

Rock Chalk,

Gail B. AgrawalDean and Professor of Law

L E T T E R F R O M T H E D E A N

F e at u r eOut of Practice Meet a few Green Hall veterans who are thriving in nontraditional legal careers

G r e e n H a l l n e w sHealthy Outlook 10students offer healing hand in law school's newest clinic

Green Hall Briefs 12

International Law Corner 14Ku law hosts delegation of asian water experts

International Law Briefs 15

Student Affairs Update 18

Faculty Kudos 19

Faculty Notes 19

a l u M n i n e w sOutreach Activities Update 24alumni make connections at reunions, volunteer events

The Way We Were 26

Alumni Notes 27

Profile: Travis Lenkner, L'2005 28Kansas native accepts supreme Court clerkship

Profile: Stephen Six, L'93 30lawrence judge becomes Kansas attorney general

In Memoriam 32

T A B L E O F C O N T E N T S

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university of kansas | sCHool oF law 1

S p r i n g 2 0 0 8gail Agrawal, DeanMindie paget, [email protected]

C o n t r i b u t o r S :Kevin KellySandy pattiJohn peckWendy rohleder-Sook

p h o t o C r E D i t S :Steve puppeuniversity relationsrudy gutierrez (El paso times)Chappell graduation imagesuniversity Archives

D E S i g n E r :Jackie [email protected]

Ku School of Law1535 W. 15th St.Lawrence, KS 66045-7577(785) 864-4550Fax: (785) 864-5054www.law.ku.edu

Ku Law Magazine is published for alumni and friends of the university of Kansas School of Law.

2 sPrinG 2008 | university of kansas LaW

BY MinDie PaGet

nontraditional paths bear fruitful careers for law school grads

university of kansas | Feature artiCle 3

athy Greenlee remembers her aha! moment.

it was Career Day at Ku law, and the folks from legal aid of western Missouri had come to tout their program.

For Greenlee, l88, the future came into focus.

i thought, aha! those are my people, she recalls. i just know myself to be kind of a social advocate on issues, and i was never really interested in the summer law clerk, internship, large firm track. that was never something that felt like the right fit for me.

she is not alone. roughly 11 percent of law graduates enter the workforce in so-called nontraditional positions those that do not directly involve the practice of law, according to the american Bar association. the percentage is slightly lower among Ku law alumni, but there are plenty of Green Hall veterans who are not arguing motions for a living.

of course that doesnt mean they are not putting their degrees to good use.

Greenlee, secretary of the Kansas Department on aging, draws upon the skills and principles she developed as a law student every day as she weighs in on proposed legislation, enforces regulations and advocates on behalf of the states seniors. she revels in victories that dont necessarily occur in a courtroom like the recent passage of a funding measure that provides dental services to seniors on Medicaid.

at the end of the day, i didnt win a lawsuit, Greenlee says. But there are people in the state who now have access to the dentist and to dentures. it took a lot of us to get there, but thats what i win.

"You have to lay down the label of Im a lawyer and just look at the work. Im an

advocate through and through, and my legal skills support that. I dont need to walk around

with Im a lawyer pinned on my shirt." Kathy greenlee, L88


READY FOR A CHANGE

about half of Ku law graduates each year take the private practice path. in 2006, another 18 percent ended up in the business sector, and 15 percent became government attorneys. rounding out the field were judicial clerkships, public interest jobs and academic endeavors.

what is more common than avoiding a law firm job right out of school is for graduates to practice for a few years and then realize they do not enjoy it, says todd rogers, assistant dean of career services. He and his staff counsel alumni who find themselves in that predicament.

we serve as a sounding board, says rogers, who him-self left a Kansas City firm to take a job in the law schools office of Career services. often thats all they really need: someone whos familiar with what lawyers do to listen to their plan.

rogers and his staff also can recommend books designed for frustrated lawyers and connect graduates with other alumni working in nontraditional areas. even after they have determined their next move, however, identity issues can stifle their confidence.

rogers calls it the Cocktail Party Dilemma: You go to a soiree and someone asks what you do. You say youre a lawyer, and you immediately command respect.

You feed on that, he says. it makes you feel good.

its a little less of an ego boost when someone furrows their brow and asks, what exactly is a director of career services?

PERSONAL FULFILLMENT

Greenlee admits that she has encountered undue prejudice regarding the capabilities of government attorneys. But throughout her career which has wound from Kansas legal services to the offices of former attorney General Bob stephan and insurance Commissioner-turned-Gov. Kathleen sebelius she has been driven by a sense that she is making a differ-ence in peoples lives.

You have to lay down the label of im a lawyer and just look at the work, she says. im an advocate through and through, and my legal skills support that. i dont need to walk around with im a lawyer pinned on my shirt. thats not the most important part of my self-definition.

I came to law school because I wanted to learn

the thought pattern that goes along with law: find a problem and solve it. And thats what Ive used for my careers.

Skip granger, L68

Kathy Greenlee, L'88, serves as the secretary of the Kansas Department on Aging.

Skip Granger, L'68, runs Starry Night Winery in California.


Ku law graduate ray rojas feels the same way.

the 32-year-old el Paso, texas, native returned to his hometown in august and became executive direc-tor of las americas immigrant advocacy Center. the nonprofit agency works to protect the human rights of unaccompanied children of immigrants, foreigners seeking asylum in the united states and immigrant survivors of domestic violence.

rojas, l2005, always intended to practice public inter-est law, largely with low-income workers and immi-grants. at Ku, he served as president of the Hispanic american law students association and helped

organize community rallies on immigration rights. He also clerked with the Colorado legal services Migrant Farm worker Division the summer after his first year of law school.

those activities kept him focused.

You have to kind of keep that mission while youre in law school because it easily can go out the window, especially in terms of dealing with student debt, rojas says. i see friends who want to work in public interest and say, im going to do this other work for five years and pay off some debt.

But after five years, its hard to take a $20,000 or $30,000 pay cut.

law school students or graduates who are contemplating a nontraditional career path might find guidance in the following books, many of which are available for browsing at Ku laws office of Career services:

todd rogers, assistant dean of career services at Ku law, also recommends talking with alumni who have pursued nontraditional careers in fields that interest you. His office can facilitate such meetings.

Nonlegal Careers for Lawyers (ABA Publishing), by Gary Munneke and William Henslee

What Can You Do with a Law Degree? A Lawyers Guide to Career Alternatives Inside, Outside & Around the Law (Niche Press), by Deborah Arron

Alternative Careers for Lawyers (Princeton Review), by Hillary Mantis

The Lawyers Career Change Handbook: More than 300 Things

You Can Do with a Law Degree (HarperCollins), by Hindi Greenberg

Life After Law: Second Careers for Lawyers (W. Smith Company), by Mary Ann Altman

Turning Points: New Paths and Second Careers for Lawyers (ABA Publishing), by George Cain

LEGAL RESEARCH

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Ray Rojas, L'2005, is the new director of Las Americas Immigrant Advocacy Center in El Paso, Texas.


rojas notes that the nonprofit world is an increasingly common destination for law school graduates, who under-stand the legal intricacies of issues that agencies confront. He also says states could encourage more attorneys to work for nonprofits by introducing loan-forgiveness programs.

PLAN AHEAD, FOLLOW HEART

when applying for the las americas job, it did not hurt that rojas had clerked for an immigration law firm and co-founded the nonprofit Kansas City worker Justice Project while studying for the bar exam after graduation.

rogers recommends that law students who are interested in pursuing nontraditional careers position themselves for employment in those fields by tailoring their summer internships.

some people could be suspicious of a lawyer who doesnt want to practice, he says. if you think you might want to go into banking, work at a bank for your summer internship. establish yourself in that field. if you do that, theres a greater chance the J.D. will be given its proper weight.

skip Granger, l68, conducted summer tours for a whole-sale travel company in place of a more standard intern-ship. the choice made sense for the Joplin, Mo., native because he never really intended to be a practicing lawyer.

i came to law school because i wanted to learn the thought pattern that goes along with law: find a problem and solve it, says Granger, who now lives in Kentfield, Calif. and thats what ive used for my careers.

after graduation, Granger served as a research attorney with the Kansas supreme Court for a year. But his passion for travel called him back, and he got a job putting togeth-er wholesale packages for twa and Pan american. later, he got involved in venture debt and asset-based finance, eventually founding a company called Menlo Capital and expanding into venture capital.

it wasnt until 1997 that Granger discovered a career that blended his taste for the exotic with his keenbusiness acumen.

thats when he and a couple of friends started making wine in a California basement. their amateur foray that produced enough Zinfandel, Cabernet sauvignon and Chardonnay to share with their friends has evolved into starry night winery, which now routinely produces award-winning wines that are sold primarily at fine restaurants and shops on the east Coast and in europe.

Granger frequently puts his legal background to use in the wine business.

Day to day at the winery, its constant business con-tracts. we just spent a year getting a use permit so we could taste at the winery when someone didnt want us to. that took legal maneuvering and politics. You have to know what your rights are going into all these deals.

i think everyone whos going into business should have a legal background if they have the aptitude and the money to pay for it.


Former college athlete becomes key player at alma materlike many of her colleagues who went straight from college to law school, Missy Conboy didnt have a clear, long-term career goal.

Perhaps that is why she feels extraordinarily fortunate to be working for her alma mater the university of notre Dame doing work that ties her legal expertise to her experience as a former basketball player at the Division i school.

ive just completed my 20th year in the notre Dame Department of athletics, says Conboy, who graduated from Ku law in 1985. For an army brat to stay in one place for so long, it must be someplace special.

Conboy currently serves as notre Dames deputy director of athletics, with responsibility for facilities, human resources and legal issues such as contracts, risk management, injury and medical claims, promotional events and nCaa compliance.

twenty-five years ago, Conboy wasnt sure what she wanted to do. she spent her first summer at a small law firm in lubbock, texas. the following summer, she worked for a real estate/corporate firm in Kansas City.

while i enjoyed the experience, she says, i didnt feel particularly inspired by the work.

During her final year, Conboy got a tip from then-Dean Mike Davis that the nCaa was looking to add more women to its staff and had a particular interest in hiring former student-athletes with law degrees.

it certainly seemed like a perfect fit, Conboy says. she spent a couple of years as an enforcement representative with the nCaa, investigating potential violations at member institutions and processing cases before the infractions committee. she says it wasnt uncommon in the mid-1980s, when the nCaa was smaller, for employees to work there for a few years and then transition to a member institution.

Conboy was invited to make that jump in 1987. then- notre Dame athletic Director Gene Corrigan hired

the Ku law alumna as an assistant athletic director for compliance, a new area at the time.

while he assumed that i must be an expert in compliance due to my enforcement function at the nCaa, i must admit that i had to take a crash course from some nCaa compliance colleagues in order to arrive at notre Dame with a working knowledge of my new area of responsibility, Conboy says. in retrospect, it was very exciting to be involved in nCaa compliance at the grassroots level. Many of the compliance responsibilities and initiatives in operation on university campuses today were developed and refined by those of us who oversaw compliance during those formative years.

Conboy has enjoyed the variety of her work under three different athletic directors, and the flexibility shes been given to combine career and family. its possible, she says, to reap great satisfaction from your career.

if you dont have a strong passion for the work you are doing, or if it isnt a good fit with your lifestyle, start mak-ing some personal contacts with people that are in the line of work you want to pursue, she advises. as a general rule, people are very anxious to give advice, provide contacts and share experiences that might prove very helpful in segueing into a more desirable line of work.

BY MinDie PaGet

Missy Conboy, L'85, is deputy director of athletics at the University of Notre Dame. She is pictured at the school's football stadium with her three daughters, from left, Killian Rose, Darby and Delaney.


Happenstance helps build real estate developers careerArt Piculell didnt have a plan B.

when he started law school at Ku in 1962, he knew he would graduate in three years, move back to western Kansas and practice at a small-town firm.

and that is precisely what he did until it wasnt right for him and his family anymore.

the practice of law in a small town can be very limiting, he says. You dont get that much to do in any specific area to develop any expertise.

in 1972, the Piculells rented a u-Haul, packed everything it would hold and headed west.

we spent five days on the road, says Piculell, a native of long island, n.Y. we could have gone to seattle if the light had turned red or green. we just decided we were going to live on the west Coast. we had no jobs and didnt know anybody.

that was oK for Piculell, who has always believed that happenstance plays an important role in life. that is how he ended up in Kansas, after all. He was working as a mechanic in new York when he ran into a high school buddy who was heading to emporia state university. Piculell figured that was better than doing brake jobs, so he withdrew his money from the bank and headed to the heartland.

at emporia, Piculell earned a degree in social work and then ran the social welfare programs in scott and wichita counties. He was later granted a stipend from the state to get his masters degree at the university of Denver, but a scott City attorney he went to see about a reference convinced him he would make a good lawyer.

i didnt know what law school was, Piculell says. i didnt know what the law was. id never been in the courtroom. no one in my family had a college degree.

the series of whims that characterized Piculells early career continued when he and his family arrived in Portland, ore., in 1972. He had owned a title company in Kansas, so he went to one of oregons large title operations to see the manager, who agreed to mentor Piculell while he interviewed professionals in a variety of fields about career opportunities.

eventually, the man hooked Piculell up with someone who was starting a real estate company. Piculell was given national accounts right away and started putting together deals. From that point on, hes been in the business of commercial and residential development.

Piculell finds his legal expertise is indispensible when grappling with contracts, finance and sometimes new legislation. He loves the professional niche he has carved for himself, and he has fond memories of Ku law. Piculell has even named streets in some of his developments after his former law professors, such as robert Casad and the late earl shurtz.

i think you have to know who you are, he says of carving a career path after law school.

Many of Piculells classmates at his 20-year Ku law reunion asked him how he was able to quit practicing law. He says it is important to follow your talents and understand that there is more than one way to put a law degree to good use.

i think Dean (Frederick) Moreau was very succinct in his statement on my first day of law school in my very first law school class that youre not only here for a law degree, Piculell says, youre also here to get one of the finest liberal arts educations youre going to get.

BY MinDie PaGet

Art Piculell, L'62, looks over plans for a real estate development in Arizona.


Sheree Tinder came to Ku law intent on pursuing a career in sports law. she had been an athlete in high school and college, and it seemed like a natural fit.

Funny how one little pamphlet can change the course of your life.

During the second semester of my first year of law school, i saw the brochure for the summer study abroad program in istanbul, turkey and decided i had to do it, tinder says. it was during this dynamic summer program that i became interested in international law and refocused my career plans.

after earning her law degree in 2003 and passing the bar exam tinder took a job with the shawnee County election office to pay the bills while she continued to hunt for a more global appointment.

i took the Foreign service exam and applied for any international job i could find, tinder says.

in late January of 2005, tinder got the call she had been waiting for. the legal counsel office for the House of Delegates of Palau contacted her and, after a long-distance interview process, offered her a position.

now tinder who grew up in topeka lives, works and plays in the south Pacific island nation. During the week, she reviews and drafts national legislation, committee reports,

international policy and treaties, speeches and press releases for the House of Delegates. on the weekend, she does a lot of scuba diving and travels all over the

asia-Pacific region meeting people and experiencing new cultures.

the best thing about my job is assisting political officials in forming national policy and law for a developing nation, tinder says. it is exciting to be part of a country that is just starting out in terms of legal precedent. i am doing things in Palau that i would never get to do in the united states this early in my career.

tinder says it would be hard to deal with the work requests she receives on a daily basis without the ability to dissect complex legal concepts a skill she picked up at Ku law. she encourages law students or attorneys considering a nontraditional career to take chances.

this may mean that you have to take a job to pay the bills while you pursue the career of your dreams, she says, but when it comes to fruition, it is definitely worthwhile.

BY MinDie PaGet

International law graduate practices her trade in the tropics

Art Piculell, L'62, looks over plans for a real estate development in Arizona. Sheree Tinder, L'2003, enjoys scuba diving on the weekends in Palau, where she serves as legal counsel to the House of Delegates.

G r e e n H a l l n e w s


trinia arellano worked as a registered nurse for 10 years be-fore coming to Ku law. when she heard about the schools new Family Health Care legal services Clinic, she was in-trigued by the opportunity to get involved with patients again.

she has not been disappointed.

i get to help people with legal problems that are affect-ing their health, says arellano, a second-year law student. Hopefully, the services i provide will help them improve their health status.

indeed, that is the goal of the law schools newest clinical program, which started in January. six stu-dents, under the supervision of Professor David Gottlieb and a staff attorney, have been assisting clients referred to them through southwest Boulevard Family Health Care in Kansas City, Kan. the health clinic offers services to patients living in some of the poorest areas of the community.

arellano and her Ku law classmates have helped clients resolve past due medical bills; apply for disability and general financial assistance; research safe, clean housing; navigate divorce and custody disputes and more.

it has become increasingly evident over the past 20 years that many of the health concerns of the poor are directly related to the social and legal trials that often accompany poverty, said Dr. sharon lee, director of the medical clinic and an adjunct faculty member at the university of Kansas Medical Center. we added social services to our medical black bag years ago and anticipate the law can be used as a remedy as well.

HEALTHY OUTLOOKlaw sCHool's newest CliniC enVisions HealinG tHrouGH leGal HelPBY MINDIE PAGET

PIONEERING EFFORTalthough some situations the law students encoun-ter will not require litigation, lee says, all of them will require some level of advocacy for the clients. For example, a child with asthma needed frequent emergency room visits.

the apartment they were in had problems with mold, lee explains. a letter helped the family get out of the lease in order to move to a better loca-tion, and the boy has done much better.

the precedent for the relationship between the health and law clinics originated in Boston, home of the 15-year-old Medical-legal Partnership for Children, which draws on the strengths of two professions in order to reduce health disparities for vulnerable populations by addressing the social determinants of health.

there are about 60 places in the country where similar partnerships exist, Gottlieb says, but only about 10 of those involve law schools. that makes

KU Law students, from right, Trinia Arellano, Tina Garner and Monika Groom converse with a KU School of Medicine student about how they can work together to meet the needs of patients and clients at Southwest Boulevard Family Health Care in Kansas City, Kan.

university of kansas | Green Hall news 11

law sCHool's newest CliniC enVisions HealinG tHrouGH leGal HelP

Kus clinic something of a pioneering effort, and the students are embracing the opportunity.

we are really on the ground floor of developing how this clinic works and building relationships with our medical partners, says Jared abel, a second-year Ku law student. i am very excited to be one of the first students involved in this clinic. if nothing else it is great to see the amount of effort that people are willing to put in to help individuals who are underserved.

the law students spend four to seven hours at the clinic each week, but they log additional time doing research and documentation on cases. Beyond engaging in the one-on-one advo-cacy work that lies at the heart of the clinics mission, the students also have met with their counterparts from the university of Kansas school of Medicine the JayDocs, who offer a free clinic at the center two nights a week to determine how to work together most effectively.

the idea of this is that the education flows two ways, says Gottlieb, who is also associate dean of clinical programs.

we help them identify some of the legal problems, and they help us identify medical aspects that we can be helpful with. its doctors and law-yers arm in arm instead of fighting.

in that spirit, the law students have adopted the moniker lawHawks, a complement to the nickname of the decidedly larger slate of volunteer Ku medical students.

CHANGE FOR THE BETTERthe health clinic occupies a bright, contemporary building on southwest Boulevard. the law students work next door in a building that is undergo-ing renovation. their space consists of a reception area, several confer-ence rooms and an office for the staff attorney.

Clients trickled in for the first several weeks after the clinic opened, but traffic was expected to increase as the medical staff became more aware of the services provided by the neighboring law clinic. when applying for grant funding, Gottlieb estimated the clinic would work 150 cases a year.

we wont have any trouble meeting and exceeding that, he says.

tina Garner, a second-year law student, says her work at the clinic has helped satisfy her interest in family law. she has assisted clients with housing complaints, denials of disability benefits and paternity questions related to birth certificates.

its not always easy because we dont always have set procedures and the building hasnt always been ready for business, Garner says. But those difficulties just make for good memories.

second-year law student Monika Groom says she has enjoyed assisting people who are often intimidated by the magnitude of the legal system.

My goal is always to get the client the assistance they require, whether it is from us or another organization, she says. specifically, i want to ensure that my clients understand the legal situation they are in and what their options are.

For her part, Dr. lee is thrilled to have the budding attorneys on board.

My real goal, in human terms, is to not have to listen to the struggles of families being ripped apart by agencies, losing their homes, enduring violence or environmental illnesses or being denied access to needed care due to legal impediments that i have no means of addressing, she says. the Medical-legal Family Partnership for Health gives me and my patients an important tool for improving their health and changing their lives for the better.

The new legal clinic sits adjacent to Southwest Boulevard Family Health Care in Kansas City, Kan. Clients referred from the clinic come from some of the poorest areas of the community.



GREEN HALL NEWS BRIEFSBanquet CeleBrates DiVersitY in tHe lawthe asian law students association hosted the 13th annual Diversity in law Banquet on Feb. 16. the event drew students, faculty and alumni from across the country in a celebration of Ku laws proud tradition of admitting and gradu-ating students from diverse ethnic and cultural backgrounds.

the banquet serves as a fundraiser for the Minority scholarship Fund which, indirectly, has enriched law school classrooms by broadening the range of perspectives. students from the asian american law students association, Black law students association, Hispanic american law students association and native american law students association collaborate in sup-porting the banquet and take turns host-ing the event.

Donald low, l75, director of the utili-ties division for the Kansas Corporation Commission, presented this years key-note address.

He started his speech by giving advice to law students and talking about how diversity at Ku has increased. then he connected those observations with the current hot topic of immigration and his own familys immigration story. low also discussed the history of asian immigra-tion in america and how exclusionary laws imposed by the government still af-fect the lives of todays asian-american population.

Donald low interwove Ku laws cel-ebration of diversity with his own per-sonal story as well as americas immi-gration history, says anna Kowalewski, president of the asian law students association. His thoughtful speech made the audience consider how each individual is a part of the american fab-ric, and how important it is to embrace others of different backgrounds.

sPeaKer CHaMPions triBal law sCHolarsHiPPhilip Frickey grew up in a town of less than 2,000 people in northwest Kansas.

the sheriff didnt spend a lot of time throwing people in jail. residents had their own ways of dealing with habitual shoplifters or trouble-prone teenagers. they might follow the thief to discour-age stealing or gently suggest to the teens parents that he join the army.

some call it rural justice. Most wouldnt question its valuable role in keeping the peace in small communities.

Yet when it comes to tribal law of-ten similarly defined by the values and mores of a particular culture federal courts exhibit a suspicion toward this law in action versus law on the books approach, Frickey said, especial-ly as it pertains to tribal jurisdiction over nonmembers.

Frickey, professor of law at the university of California at Berkeley, of-fered explanations for and solutions to this discrepancy during his keynote ad-dress at the 12th annual tribal law &

Government Conference, sponsored by the university of Kansas school of law. nearly 100 people attended the Feb. 1 event, which featured presentations by tribal attorneys, judges, Ceos and lead-ing scholars. its the only recurring na-tional conference to address tribal prac-tices rather than federal law that dictates to tribes.

in his talk, titled local Knowledge, tribal institutions and Federal indian law, Frickey, who has a bachelors in political science from Ku, asserted that tribal institutions function well. its just that members of the dominant legal sys-tem arent familiar with them.

it seems to me that federal indian law is impoverished by a lack of real un-derstanding of tribal law and tribal insti-tutions, he said.

that dearth of knowledge, Frickey con-tended, exists partly because scholars have failed to provide an accurate empir-ical picture of tribal law. He argued that academics ought to pursue that line of work, even while noting that such stud-ies could be intrusive into tribal affairs. Frickey also suggested that tribes work through Congress to reverse the effects of 30 years worth of damaging u.s. supreme Court decisions pertaining to tribal sovereignty.

also addressed at the conference were issues of tribal property law and eco-nomic development.

Professor stacy leeds, director of Kus tribal law & Government Center, helped organize the conference. other Ku law faculty involved in the event were angelique eaglewoman, visiting professor of law and indigenous nations studies at Ku, who moderated a panel on creative avenues for tribal economic development; and andrew torrance, Ku associate professor of law, who served as a panelist in that discussion.


sYMPosiuM taCKles Contentious Biolaw issuesa group of world-renowned scholars whose thoughts are helping shape the future of biolaw offered perspectives on the emerging field during the Kansas law review 2007 symposium on nov. 9.

speakers at the event, titled Biolaw: law at the Frontiers of Biology, con-fronted topics that often incite contro-versy: human biological enhancement, FDa regulation, patents and human evo-lution, the legality of cutting-edge but unproven medical treatments, and envi-ronmental conservation.

it was truly a highlight to witness these great minds explore such complex and fascinating issues that will surely impact all of our lives in one way or another, said Jonathan Grossman, symposium editor for the law review.

Presentations included: Biolow: Cracking the Code, by Jim Chen, dean of the university of louisville louis D. Brandeis school of lawlaw & Human Biological enhancement, by Henry t. Greely, professor of law at stanford law school with a courtesy appoint-ment in stanfords genetics departmentstate of the art in Food & Drug law, by Peter Barton Hutt, profes-sor of law at Harvard university and senior counsel at Covington & BurlingMaybe Medicines: Dealing with the Controversial right to Cutting-edge unproven treatments,

by Jerry Menikoff, director of the office of Human subjects research at the national institute of Health and director of the institute for Bioethics, law and Public Policy at the university of Kansas school of MedicinePatents & the Future of Human evolution, by andrew torrance, Ku professor of lawCutting edge legal issues in Biotechnology, panel moder-ated by rudolf H. Beese of sonnenschein nath & rosenthal llPagainst all odds: Creating the Virgin islands Park system, by sen. adlah Donastorg of the u.s. Virgin islands

Papers presented at the symposium were published last month in the Kansas law review (Volume 56, issue 4). sponsors for the symposium were sonnenschein nath & rosenthal llP and the Kansas technology enterprise Corporation.

sCHolars ProBe iMPaCts oF CliMate CHanGeClimate change is real.

theres no question about that anymore, and a group of experts devoted to study-ing its causes and effects as well as potential remedies converged in late october at the law school.

the conference Facts, ideas and u.s. Climate Change Policy: a Conference on Climate Change emerged from ef-forts by a group of scholars at the Center for Progressive reform to write a book on u.s. climate change policy, explains robert Glicksman, a Ku law professor and CPr board member. the scholars come mostly from law schools at top universities across the country, and each is involved in research on the legal and policy aspects of climate change.

During the conference, which lasted a day and a half, the scholars first held a closed workshop to discuss and revise draft chapters for the book. the following

day, the workshop participants, led by book editor David Driesen, a law profes-sor at syracuse university College of law, introduced the project to the public. Professor Glicksman gave a short sum-mary of current climate change science, focusing on its known and potential ef-fects, and scientific experts from depart-ments across the Ku campus presented their work in the field and explained its significance.

the event culminated with a presenta-tion by Professor John applegate of the indiana university school of law that was designed to tie together the scien-tific issues with the policy questions be-ing addressed in the CPr book.

the conference was a unique opportu-nity for law professors and other social scientists to exchange ideas with pro-fessors on the front lines of cutting-edge research on the physical science side of climate change, Glicksman says.

the CPr book will be published by Mit Press and, among other things, will sup-ply a series of recommendations for the development of an effective, equitable and feasible set of climate change poli-cies for the u.s. moving forward.

the university of Kansas school of law, the Center for Progressive reform and Kus the Commons jointly sponsored the conference. also participating from the Ku law faculty was associate Professor andrew torrance, who serves as a re-search associate at Kus Biodiversity research Center.



INTERNATIONAL LAW CORNER

asian, aMeriCan water exPerts exCHanGe KnowleDGe, solutionsBY JOHN PECK

water is often in the news these days. Climate change is causing glaciers to melt. Precipitation patterns are shifting. we are polluting our rivers and groundwater and depleting our groundwater aquifers. water shortages appear throughout the world. some say that the shortage of water, not oil, will cause the wars of the 21st century.

For several years, i have been working with the international water Management institute (iwMi), headquartered in sri lanka, on groundwater depletion issues. First i was invited to write a book chapter,1 then an iwMi scholar participated in a Kansas Journal of law & Public Policy symposium on groundwater management, and finally, in the fall of 2006, the law school hosted a group of asian water management2 experts to expose them to groundwater management approaches in countries outside their region.

iwMi chose one institution in australia3 and one in the u.s. for this program. Ku hosted six asians from india, Bangladesh, nepal, and China. Diana Carlin of the Ku office of international Programs and i co-directed the program, and Ku law graduate Burke Griggs, l2006, served as project coordinator.

The KU School of Law hosted a group of Asian water management experts as part of an International Water Management Institute program to expose them to groundwater management approaches in countries outside their region. Pictured at the Kansas Capitol, from left, are Shiraz Islam (Bangladesh), Burke Griggs, L'2006, Madhav Shrestha (Nepal), Puskar Ghimira (Nepal), Sushil Kamra (India), Ynpeng Xue (China) and John Thomas (India).


the program involved a large group of Kansas water professionals from university faculties, state water agencies, an appellate court, the legislature, public water suppliers, groundwater management districts (GMDs), a farm, and industry. in addition to day trips to topeka and Kansas City, a three-day field trip took the asian group to wichita, Garden City, Great Bend, and salina. they visited GMD offices, the wichita aquifer storage and recovery Project, the wichita water Center (polluted groundwater remediation), the Big well in Greensburg, the Dodge City wastewater reuse project, the Cheyenne Bottoms wildlife area near Great Bend, the dried-up arkansas river near larned, and the K-state agriculture research station and sunflower electric Cooperatives office, both in Garden City.

Ku faculty lectures on law (robert Glicksman on environmental law, John Head on international law, and John Peck on water allocation law), civil engineering, geology, and economics were supplemented by talks and meetings with state water administrators. John Draper of santa Fe, n.M., lee rolfs, l75, and David Pope described their work for Kansas on the two u.s. supreme Court interstate water cases. each asian guest presented a lecture on the law, water problems, and management issues in his country. although the asian guests were scientists and administrators and not lawyers, they came equipped to explain the basics of water law in their countries.

the asians ate in lawrence homes, attended a Ku concert and a Ku basketball game, visited the nelson-atkins Museum of art in Kansas City, Mo., witnessed a Christmas parade in downtown lawrence, enjoyed a wide variety of food in restaurants, and visited informally with Kansans.

the goal of the program was to exchange ideas on groundwater management. we learned that while we share similar physical problems of pollution and depletion, our laws and the nature and settings of these physical problems are very different.

our asian guests described water laws in their countries. indias water law, for example, draws from several sources the constitution, irrigation acts from the colonial period, statutes, and english-based common law, including a judicial recognition of a human right to water.4 the indian groundwater allocation law is like that of texas (and Kansas prior to 1945), the absolute ownership Doctrine. landowners own the water under the surface as they own the soil. there is no

CaMPuswiDe Panel exPlores PatH ForwarD FroM sePt. 11 two university of Kansas organizations marked the sixth anniversary of the 2001 terrorist at-tacks on new York and washington, D.C., by sponsoring a panel discussion on sept. 11 at Green Hall.

9/11, the united states and the world what Path Forward? included eight panelists from across the Ku campus. the Ku chapter of Phi Beta Delta, an honor society for international scholarship and education, and the international law society, a campus organization open to all students and headquartered at the school of law, co-sponsored the event.

the forum took a forward-looking approach in order to see what a variety of people in our community particularly faculty and students draw from 9/11 and its aftermath as we look to the future, said John Head, professor of law and president of Phi Beta Delta at Ku.

Beau Jackson, a second-year law student and president of the international law society, joined Head as a moderator for the panel discus-sion. other speakers were Bill tsutsui, execu-tive director of the Confucius institute; David lambertson, former ambassador to thailand and u.s. representative in north Korea; Melissa Birch, director of the Center for international Business education and research; lawrence indyk, second-year law student; thomas Heilke, professor of political science and interim as-sociate vice provost for international Programs; Jomana qaddour, syrian-american second-year law student; David Gottlieb, professor of law; and Beverly Mack, professor of african and african-american studies.

issues addressed by the panelists included the impacts of u.s. retaliation on its global eco-nomic and diplomatic prospects, the nations superpower status in light of the fear it dis-played after the attacks and the political motives behind anti-Muslim propaganda.



permitting process, except in a few states that are now experimenting with regulation. the indian Constitution provides that material resources of the community are so distributed as best to serve the common good,5 and that the operation of the economic system not result in the concentration of wealth and means of production to the common detriment.6 together, the state and the citizens share a fundamental duty to protect and improve the environment.7

in the u.s., water rights are deemed to be property rights, protected to some extent against governmental regulatory takings without compensation. Kansas has a highly detailed and regulated method of obtaining and changing water rights. the state follows the prior appropriation doctrine of the western u.s., which requires permission from the government before making beneficial uses of water, except for domestic use. nondomestic water use without a permit is a crime. Kansas Groundwater Management Districts (GMDs) aid the Kansas Division of water resources (Dwr) in regulating groundwater withdrawals. Dwr can also establish intensive Groundwater use Control areas (iGuCas) in problem areas, which gives Dwr extraordinary regulatory power to curtail pumping.

even if an asian country wanted to adopt some ideas from Kansas groundwater allocation law and management, the nature of the problems and their settings would make such adoptions difficult. Compared to south asia, Kansas is sparsely populated, dry and wealthy; and it has a highly developed groundwater management regime. By contrast, south asia is densely populated, wet and poor; and it lacks workable groundwater management regimes. india, for example, has over 21 million agricultural tubewells compared to roughly 23,000 in Kansas and 380,000 in the u.s. For this reason, it is unlikely that these countries will adopt much of our management system.

Yet some ideas are potentially transferrable. several indian states are experimenting with groundwater permitting and water user associations to manage irrigation systems. the most interesting part of the program for the Chinese expert was the open and public discussion of the contentious sunflower coal-fired power plant issue. after a presentation by sunflower electrics representative in Garden City, the asian group wanted to hear the arguments from the other side, so we asked the Kansas sierra Club to provide those arguments. interestingly, recent media stories report more open airing of these types of debates and controversies in China.8

if Kansas seems to be ahead in institutional groundwater management, india seems to be ahead in water harvesting, a topic of increasing interest in the u.s.9 ancient techniques called zings,10 kunds,11 and baoris or bers12 may sound quaint to us now, but recent serious droughts in the u.s. have demonstrated the potential need to consider such methods here.13

new aGreeMent ForGes ties witH Korean law sCHoola delegation from the Pusan national university College of law arrived in late october to finalize a wide-reaching set of cooperation arrangements with the university of Kansas school of law.

among the elements of the agreement are faculty collaboration and exchanges, and one-semester study visits to Green Hall by Pnu students. Pnu is a major player in a new initiative to create american-style Juris Doctorate programs at a few leading Korean universities.

Dean Gail agrawal and Professors raj Bhala, John Peck and Mike Davis represented Ku law in playing host to the delegation.

as the practice of law becomes increasingly global in scope, agreements like the one we were privileged to sign with Pusan university become increasingly important to our students and to the legal community as a whole. i am grateful for the leadership of my faculty colleagues, Professors raj Bhala and John Head, in this important arena, agrawal said.

we expect the agreement with Pusan university to be a model for those that will, inevitably, follow it. we are looking forward to working with our colleagues at Pusan university for the enrichment of both our faculties and student bodies.

Facilitating the development of the cooperative arrangements between the two law schools was taewoo sohn, a professor of law at Pnu and a recent visitor to Green Hall under Kus overseas Visiting scholars Program.

INTERNATIONAL LAW CORNER


Footnotes: 1. Groundwater Management in the High Plains aquifer in the usa: legal Problems and innovations, in the agricultural Groundwater revolution: opportunities and threats to Development (M. Giordano and K.G. Villholth, ed.) (2007). 2. Does Groundwater Management work? held in February 2006. see 15 Kan. J. of law & Pub. Pol. 391-571 (spring 2006). Dr. tushaar shah of india presented and published the Groundwater economy of south asia: an assessment of size, significance, and socio-ecological impacts, 15 Kan. J. of law & Pub. Pol., 407 (spring 2006), as well as institutional Groundwater Management in the united states: lessons for south asia and north China, id, at 567. 3. in australia, the program was administered by the Centre for Comparative water Policy and law at the university of south australia, adelaide, headed by Professor Jennifer McKay, who also directs the Centre. 4. see Philippe Cullet, water law in india: overview of existing Framework & Proposed reforms, ielrC working Paper, 2007 - 01 (international environmental law research Centre) (2007), online at http://www.ielrc.org/content/w0701.pdf . 5. id., art. 39 (b). 6. id., art. 39 (c). 7. id., art. 48a & 51a (g). 8. For an example of objection to a dam project, see Chinas dam drive slows amid growing opposition, wall street Journal, Dec. 19, 2007, at a1, col 4 (online at http://online.wsj.com/article/sB119802214926737977.html ). For an example of objection at public hearings to a chemical plant, see Howard w. French, letter from China, a harmonious society hearing different notes, int. Harold tribune, Jan. 5-6, 2008, at p.2, col. 1 (online at http://www.iht.com/articles/2008/01/04/asia/letter.php ). 9. see, e.g., t. Payne & J. neuman, remembering rain, 37 environ. l. 105 (2007) (rainwater harvesting should have a role in the future); Harvesting rainwater by not letting it Go to waste, Morning edition, nat. Pub. radio, Jan. 10, 2008 (described simple methods of rainwater harvesting). 10. small tanks that collect glacier water. 11. Circular underground wells that have a saucer-shaped catchment that gently slopes toward the center, collecting the rainfall that percolates down. 12. ancient drinking water wells. 13. P. Jonsson, to fight drought, Georgians get creative, Christian sci. Monitor, Dec. 19, 2007, p.3, col. 1 (in droughts people supply themselves with water).

Professor John Peck led the Asian delegation on a tour that included a stop at the Cheyenne Bottoms Wildlife Area near Great Bend.

this program gave participants on both sides a chance to explore differences in problems and problem solving. in april, rex Buchanan of the Kansas Geological survey and i traveled to Hyderabad, india, to visit with iwMi officials about the possibility of more collaboration.

John Peck is a Connell Teaching Professor of Law at the University

of Kansas and author of several articles and book chapters on water

law and comparative water law. This piece draws from Groundwater

Law and Management: The Asia (IWMI)-Kansas Program, an article

Peck co-authored with Burke Griggs, L2006, that will be published in

the spring issue of Creighton Law Review. Peck may be reached at

(785) 864-9228 or [email protected].

ForuM Features sauDi araBian DiPloMata key player in saudi arabias entrance into the world trade organization spoke about how the kingdom is adapting to global change while preserving valuable traditions during a nov. 8 lecture at Ku law.

Dr. Fawaz al-alamy, former deputy minister of commerce and industry and chief wto technical negotiator for the Middle eastern nation, presented his public lecture as part of the Diplomats Forum. the forum is the law schools most prestigious annual international and comparative law event. in his talk, al-alamy outlined both challenges and global prospects for saudi arabia, which joined the wto in December 2005. under the leadership of its visionary leader, King abdullah, the oil-rich nation is working to diversify its economic base, strengthen the role of the private sector, create a favorable investment climate, streamline decision making and integrate into the world economy, al-alamy said.

Doctor al-alamy provided a world-class review of the strengths and difficulties faced by the kingdom as it integrates more fully into the world trading system, and as it attempts to diversify its export base and provide high-quality job opportunities for its burgeoning population, said raj Bhala, rice Distinguished Professor of law.

the aim of the forum is to provide a platform for an open sharing of thoughts on international law and relations and the united states through the unique perspective of an insightful professional with notable diplomatic experience in the service of a foreign government.

al-alamy was born in abha, saudi arabia. He obtained his bachelors, masters and doctorate in energy physics in the united Kingdom, and completed the advanced executive management program at stanford university. He has served as chair of the physics department, dean of environmental studies and chair of the research center at King abdulaziz university in Jeddah, saudi arabia.




STUdENTS dISpLAY pHILANTHROpIC, SOCIAL, COmpETITIvE SIdES BY WENDY ROHLEDER-SOOK, ASSOCIATE DEAN OF STUDENT AFFAIRS

Ku laws office of student affairs and its 35 student organizations planned numerous fundraising, community service and social activities during the fall.

the semester kicked off with a welcome Back Picnic at Green Hall hosted by the student affairs office for all stu-dents, faculty and staff. in late august, the international law society organized a picnic at Clinton lake, providing students with an opportunity to learn more about the international law opportunities at Ku.

in conjunction with alumni weekend in early october, the student Bar association organized race ipsa, a 5K run/walk for charity. Great weather and a competitive spirit brought out a large group of students and alumni to participate. later that month, the Public interest law society played host to Casino night to raise funds for summer stipends for students working in public interest positions. Make a Difference Day brought students and alumni together for an afternoon of community service in the lawrence community. while volunteering for orga-nizations such as Habitat for Humanity and Big Brothers Big sisters, current and former students got a chance to bond by sharing their experiences at Ku law.

november brought the Black law students associations annual food drive, which provided thanksgiving meals for hundreds of families in the community. throughout the football season, the student Bar association played host to numerous tailgates, cheering on our Kansas Jayhawks football team to its orange Bowl victory.

also last fall, the national Criminal Procedure Moot Court team became national champions, winning the national Criminal Procedure tournament in san Diego, Calif. Clay Britton and luke sinclair represented Ku law, placing first in the competition and for best brief. Britton was also recognized as second-place oralist.

Top: Members of the Black Law Students Association take a breather during their annual food drive, which provides Thanksgiving meals for hundreds of families in the community. Pictured, from left, are Josh Monteiro, Eunice Lee, Rury Grisham, Trinia Arellano, Eric Williams, Demetrius Peterson and Burton Warrington. Middle: KU Law students and alumni line up for the start of the 8th annual Race Ipsa 5k race/walk for charity. The Student Bar Association organized the event to coincide with Alumni Reunion Weekend, Oct. 5-6. Bottom: KU Law student Sonja Kramer, left, and Dean Gail Agrawal prepare a flower bed for spring bulbs with Kendra Baldridge, director of the Centro Hispano Resource Center, on Make a Difference Day.

university of kansas | Green Hall newsuniversity of kansas | Green Hall news 19

Ku law Professor ellen sward received a $5,000 Kemper Fellowship for teaching excellence from the university of Kansas. the fellowships recognize outstanding teachers and advisers at Ku as determined by a seven-member selection committee.

its not unusual to see Professor sward dining with her students. she regularly schedules informal lunches with small groups of students as a way to advise and mentor them. in her 23 years at Ku, sward has influenced the lives of countless students, and many of them continue to stay in touch with her throughout their careers. Her students fondly report a lasting effect of the lessons learned in her classes.

one student said that some of the most challenging and educational discussions in law school took place in her Federal Courts classroom. another student said the one-on-one sessions sward provided were invaluable and encouraged him to accept a student teacher position at the law school and to consider becoming a law professor in the future.

in all, 20 Ku professors were honored and $100,000 distributed as part of the Kemper tradition, now in its 12th year. the awards are supported by $650,000 in gifts from the william t. Kemper Foundation and $650,000 in matching funds from Ku endowment.

gAiL AgrAWAL spoke at the Southwest Kansas bar Association meeting in September in Dodge City and at a conference sponsored by the Seattle university School of Law and the Society of American Law teachers that fo-cused on promoting diversity in law deanships. She also spoke to the harvey County bar Association in newton and was the featured speaker at the Kansas honors program in garden City. rAJ bhALA published the new edition of his textbook, international trade Law: interdisciplinary theory and practice (3rd edition, Lexisnexis, 2008). the book contains 50 chapters covering all aspects of multilat-eral, regional and domestic trade law and policy, such as the Doha round of negotiations in the World trade organization (Wto); new free trade agreements (FtAs) with Arab countries like bahrain, Jordan, Morocco and oman; and Americas remedies against unfair trade prac-tices, including countervailing duty actions against non-market economies like China. the textbook also covers special economic sectors, such as agriculture, intellectual property and services. it integrates perspectives on trade law and policy from other fields, notably economics, his-tory, philosophy, political science and religion.

Accompanying the textbook is a new edition of the Documents Supplement, which contains the primary

FACULTY NOTESSpRING 2008

Sward honored FOR TEACHING ExCELLENCE

FACULTY KUdOS

Ellen Sward, professor of law, is presented a W.T. Kemper Fellowship for Teaching Excellence by Dale Seuferling, president of the KU Endowment Association, center, and Chancellor Robert Hemenway.



texts of Wto accords and FtAs, plus a new edition of the teachers Manual, which contains 10 sample course syllabi and 600 questions and answers for classroom use.

Lexisnexis also published the 1st edition of bhalas Dictionary of international trade Law. this new product, which can accompany the textbook or be used as a stand-alone volume, defines hundreds of trade terms, and terms in other disciplines that relate to trade. Annexes contain analyses of FtAs and summaries of Chinese economic history and Eu law and institutions.

bhala also published three ar-ticles: Competitive Liberalization, Competitive imperialism, and intellectual property, 28 Liverpool Law review 1 (2007); Empathizing with France and pakistan on Agricultural Subsidy issues in the Doha round, 40 Vanderbilt Journal of transnational Law 3 (october 2007) (invitation symposium on food security); and Wto Case review 2006, 24 Arizona Journal of international and Comparative Law 2 (2007).

Finally, bhala has been appointed to the Editorial Advisory board of the Sharia and Law Journal, which is a refereed quarterly journal at united Arab Emirates university that pub-lishes scholarly research on islamic legal issues.

robErt CASAD published a book, Kansas Civil Jury instruction Companion handbook (thompson-West, 2007), and an article, Doctrinal issues in Civil Court procedures, in Vol. 1 of the Encyclopedia of Law and Society (Sage, 2007). he also published an-nual supplements to two treatises: Jurisdiction and Forum Selection (2d ed., thomson-West)

and Kansas Code of Civil procedure Annotated (4th ed., thomson-West).

gEorgE CogginS published the four-volume treatise public natural resources Law (2d edition, thomson-West, December 2007), co-authored with Ku Law professor robert glicksman, and Federal public Land and resources Law (6th ed., Foundation press, July 2007).

JoSEph CuStEr has been elected vice president/president-elect for the Mid American Association of Law Libraries (MAALL). his two-year post started in november. At the organizations annual meeting on nov. 1, Custer spoke on Citizens as Law Makers: initiatives and referendums. he published researching initiatives and referendums in Arkansas, 26 Legal reference Services Quarterly 31, Fall 2007.

MiChAEL J. DAViS presented a paper in october titled religion, Democracy and the public Schools to the faculty and graduate students at the university of Limerick, ireland. A few weeks later, he teamed with alumnus David Davenport, L77, to offer a shortened version of the same presentation to approximately 20 Ku Law alumni here for Alumni Weekend. Davis also has been appointed by the American bar Association to two ad hoc committees on legal educa-tion: 1) a broad-based committee charged with recommending to the Accreditation Committee and the Council on Legal Education additional accreditation standards based on outcome measurements; and 2) a small committee charged with recommending to the Council a new funding structure for the entire Section on Legal Education and Admission to the bar.

ChriS DrAhozAL was named an associate reporter for the restatement (third) of the u.S. Law of international Commercial Arbitration, a new restatement being prepared by the American Law institute.

he published two articles: 1) An Empirical Study of Cost-based Challenges to Arbitration Agreements, 1 World Arb. & Med. rev. 355 (2007); and 2) international Arbitration Law in the united States, international Commercial Arbitration: A Comparative Survey 63 (n. Eksi et al. eds., 2007), published by the istanbul Chamber of Commerce.

Drahozal presented a paper on private ordering, the Lex Mercatoria, and international Commercial Arbitration at the 24th Annual Conference of the European Association of Law & Economics on Sept. 15 in Copenhagen, Denmark. he also chaired a panel at the con-ference on contracts and contractual regulation, and was a discussant for a paper, Can group Litigation improve Deterrence?

he presented a paper, is there a Flight from Arbitration? at the Midwestern Law & Economics Conference on oct. 13 at the university of Minnesota Law School in Minneapolis. he also did a presentation on Arbitration Costs and Forum Accessibility: Empirical Evidence as part of a panel on how bad are Mandatory Arbitration terms? at the an-nual meeting of the Association of American Law Schools on Jan. 4 in new York, n.Y. the paper will be published with other papers from the panel in the university of Michigan Journal of Law reform.

Drahozal participated in a round-table workshop on regulation

and Arbitration sponsored by the Cecil D. branstetter Civil Litigation and Dispute resolution program at Vanderbilt university Law School on Feb. 8 in nashville, tenn. he was reappointed to a term on the Academic Council of the institute for transnational Arbitration and at-tended a planning committee for the Council on Jan. 19 at the university of California-berkeley. Drahozal also served as a member of an informal working group that developed a form for providing feedback to inter-national arbitrators. the form was published in the october issue of transnational Dispute Management, together with an article describing the project.

robErt gLiCKSMAn published the following books and articles: the 4-volume treatise public natural resources Law (2d edi-tion, thomson-West, December 2007), co-authored with Ku Law professor george Coggins; the Summer 2007 teachers update to his environmental law casebook, Environmental protection: Law and policy (5th ed., 2007), with a new Web site at http://lawstudy.law.ku.edu/glicks/envprot; balancing Mandate and Discretion in the institutional Design of Federal Climate Change policy, 102 nW. u. L. rev. Colloquy 196 (February 2008).

he delivered the following presentations: the impact of Environmental Law on rural Legal practice: Dealing with bogs and bugs at a KbA-Kansas Farm bureau continuing legal education program on Agricultural Law update on Sept. 21 in Manhattan; and the influence of Facility Characteristics on Environmental performance Following government interventions under the Clean Water Act at the boston College Law School Environmental Affairs Law review Fall Symposium: the greening


of the Corporation on oct. 25 in boston (with Dietrich Earnhart).

glicksman also gave three presenta-tions the Failure of u.S. Climate Change policy, A Familiar Litany: industry and political opposition to Climate Change Action and A Summary of the Consequences of global Climate Change at Facts, ideas, and u.S. Climate Change policy: A Conference on Climate Change, oct. 19-20 at the university of Kansas School of Law. glicksman organized the conference, which included a one-day, closed session to work on a book about climate change and half a day of presentations open to the public.

the court in green Mountain Chrysler plymouth Dodge Jeep v. Crombie, 508 F. Supp. 2d (D. Vt. 2007), cited glicksmans article, From Cooperation to inoperative Federalism: the perverse Mutation of Environmental Law and policy, 41 Wake Forest L. rev. 719 (2006), in holding that federal law does not preempt state regulation of greenhouse gas emissions from motor vehicles. glicksman also was appointed to the board of direc-tors for the Center for progressive reform and agreed to act as the organizations treasurer.

DAViD J. gottLiEb helped prepare the 2008 supplement for practice under the Federal Sentencing guidelines, which is published by Aspen Law and business. he also helped plan the Family health Care Legal Services Clinic, a medical-legal clinic which the Ku School of Law opened in January.

John hEAD helped organize a forum on Sept. 11 on the topic of 9/11, the united States, and the World What path Forward? Eight speakers offered summaries of their views on issues

fitting within that topic. Also in September, head began service on two university committees one responsible for reviewing sabbatical leave applications, and the other established to search for a new as-sociate vice provost for international programs.

in early october, head taught a short course on international financial institutions in Veracruz, Mexico, to a group of about 15 Mexican graduate law students under the auspices of the faculty cooperation agreement that Ku has with Anhuac university of Xalapa. in mid-october, head joined with Ku Law professor raj bhala to present a noon forum in green hall on career opportunities in international law and business. in late october, head helped host a law school symposium on law and policy in international financial institutions, focusing especially on the World bank and iMF. Symposium participants included high-level legal officers from those and other similar institutions, including the deputy general counsel of the iMF and the former general counsel of the European bank for reconstruction and Development. head also completed an article for the symposium, to be published in the Kansas Journal of Law and public policy.

throughout the fall and early spring terms, head continued his work with both the Jessup international Law Moot Court team and the international Environmental Law Moot Court team, as well as his work as president of the Ku chapter of phi beta Delta, the honor society for international scholarship and education. he also finished an arti-cle on international letters of credit, to be published soon in the Journal of the Kansas bar Assocation. his recent book, Losing the global Development War, was released

recently and was the subject of a faculty research workshop that he presented in october.

head also continues his service as faculty co-adviser (with bhala) to the international Law Society and chair of the graduate and international programs Committee. As part of his involvement in the law schools very active international and Comparative Law program, head hosted visitors from Senegal, Korea and Japan. Most recently, he co-authored an article with Ku Law professor Jelani Jefferson, in Whose best interests? An international and Comparative Assessment of u.S. rules on Sentencing of Juveniles, which will appear in an upcoming issue of the human rights & globalization Law review.

LAurA hinES served as a panel-ist for a Sept. 7 program, the relationship between punitive Damages and Class Actions, which was part of a symposium at the Charleston School of Law titled punitive Damages, Due process, and Deterrence: the Debate after philip Morris v. Williams. on Sept. 18, she was co-presenter of a program, the Whole is greater than the Sum of its parts: the Certification of Limited issues, presented at the national Forum on Class Actions and Complex Litigation, co-sponsored by the university of Kansas School of Law and Shook, hardy & bacon LLp. JELAni JEFFErSon presented a work-in-progress, Stumbling into reasonableness: Why guidelines Miscalculations have no place Within the presumption of reasonableness, in november at Washington university Law Schools regional junior faculty workshop in St. Louis. recently, she co-authored an article with Ku Law professor

John head, in Whose best interests? An international and Comparative Assessment of u.S. rules on Sentencing of Juveniles, which will appear in an upcom-ing issue of the human rights & globalization Law review.

MiKE KAutSCh wrote two articles for the Media, privacy and Defamation Law Committee news, published under the auspices of the American bar Association tort trial and insurance practice Section: thats My picture! Dont use it! photos, publicity rights and the First Amendment (Winter 2007) and Scoping out Change: the Future of Media and the Law (Spring 2007). his review of Darkest before Dawn: Sedition and Free Speech in the American West (university of new Mexico press, 2005), by Clemens p. Work, appeared in the American Studies Journal.

Kautsch co-presented a professional development program on Kansas open government laws during a Kansas press Association confer-ence on June 7 in hays. he also co-presented a continuing legal education program, A potpourri of hot topics in Media Law, during the annual Kansas bar Association conference on June 8 in Wichita. he served as moderator and presenter, and prepared written materials, for When Courtrooms become Showrooms, a CLE program during the annual Kansas Women Attorneys Association on July 19 in Lindsborg. Kautsch also made presentations and prepared written materials for a day-long courts and media seminar for judges, spon-sored by the Kansas Judicial branch, on Sept. 19 at Kus Dole institute of politics.

Kautsch was a visiting professor in the fall at the university of north Carolina School of Law in Chapel



hill, n.C. he taught a first-year torts class and consulted with the law dean and others about the develop-ment of a media law center at unC.

pAM KELLEr co-published an article with Ku Law professor Elinor Schroeder titled Kansas Employment Law Survey, 55 Kan. L. rev. 887 (2007).

riChArD LEVY prepared a report in September concerning hearing officer independence and admin-istrative adjudication on behalf of the Administrative procedure Advisory Committee of the Kansas Judicial Council for the Kansas Legislatures Special Committee on the Judiciary. he addressed the State of university governance at the university of Kansas Faculty Convocation in September. Levy gave a continuing legal education presentation in January for the gov-ernment and administrative law sec-tions of the Kansas bar Association titled the Straight Skinny on Judicial review and proposed Changes to KApA and KJrA. Also in January, he was named to the task force on Serving the needs of Kansas as part of the universitys strategic planning initiative.

StEphEn MAzzA delivered a continuing legal education presenta-tion in December as part of the 25th Annual plaza Lights institute CLE in Kansas City, Mo. his talk, the interaction between tax practitioner penalties and Ethical obligations or Are You More Likely than not going to be penalized for giving tax Advice? focused on recent changes to the preparer penalty standards. in his role as associate dean for academic affairs and co-chair of the Curriculum reform Committee, he attended an invitation-only con-ference on current trends in legal education in october in South Carolina. the Curriculum Committee

is considering potential changes to the first-year schedule of courses.

StEphEn MCALLiStEr made the following presentations: Affirmative Action (commenta-tor, Federalist Society noon Forum, Ku School of Law, oct. 4); the roberts Court (featured speaker, Johnson County bar Association luncheon, oct. 3); Constitution Day: the roberts Court (panelist, Constitution Day Forum sponsored by the American Constitution Society, Ku law school, Sept. 19); and Constitution Day: the roberts Court (organizer and moderator of forum at Dole institute of politics, Sept. 18).

this semester, McAllister became the first law professor to teach the group course for 20 outstanding Ku sophomores selected for the university Scholars program. he also was a member of the Academic performance rate improvement plan Committee for the Ku athletics department.

in his capacity as solicitor general of Kansas (assisting the attorney generals office with constitutional litigation), McAllister argued three cases before the Kansas Supreme Court during the fall: a death penalty case raising numerous issues, including whether the states death penalty statute violates the Kansas Constitution; a case raising the question whether there is a constitutional right to a jury trial in juvenile proceedings; and a case challenging the constitutionality of the new funeral privacy law passed in spring 2007.

SAnDrA CrAig MCKEnziE spoke about elder law to Dr. David Ekerdts gerontology proseminar on nov. 8. Ekerdt directs Kus gerontology Center. McKenzie also was asked to be the faculty mentor for Matthew

hudson, a Ku junior majoring in psychology, as part of the Deans Scholars program. Established in 1992, the program provides recipi-ents with annual scholarships and faculty mentors, and is designed to diversify the talent pool available for liberal arts and sciences faculties. KEith MEYEr made two presenta-tions: 1) u.S. Farm policy and the Doha round at the two-day confer-ence understanding the growing Complexities of international trade and Agriculture on Sept. 27 at Michigan State university Law School in East Lansing, Mich.; and 2) Current issues in Commercial Law on Dec. 7 at the 25th Annual plaza Lights institute CLE in Kansas City, Mo. Meyer prepared long powerpoint presentations for the Michigan State conference and a 60-page outline for the plaza Lights presentation.

JoYCE MCCrAY pEArSon sat on a panel called its My prerogative with Deryl W. Winn, a partner at McAnany, Van Cleave & phillips p.A., on Feb. 19 at Washburn university School of Law. the event, sponsored by the schools black Law Student Association, focused on the panelists experiences as minority practitioners in two contexts: large firm practice and a legal career as a law librarian.

pearson also re-published red and black A Divided Seminole nation: Davis v. u.S. in the e-book the First and the Forced: Essays on the native American and African American Experience, published by Kus hall Center for the humanities in conjunction with the Shifting borders of race and identity: A research and teaching project on the native American and African American Experience.

John pECK gave two continuing legal education presentations: 1) basic principles of Water Law, as part of a program, Water Law: the best of the West, Water Law institutes, CLE international, Sept. 17-18 in Las Vegas; and 2) Kansas Water Allocation Law as part of Agriculture Law, KbA Agriculture Law Section, Sept. 21 in Manhattan. peck also presented a talk, Can the ogallala Aquifer in Western Kansas be Saved for Future generations? during a university Forum on oct. 3. he testified before the Kansas Legislature interim Committee on review of Kansas Water Appropriation Law and the Law permitting intensive groundwater use Control Areas (iguCAs) on oct. 22.

ELinor SChroEDEr published an article in the Kansas Law review titled Kansas Employment Law Survey, 55 Kan. L. rev. 887 (2007). professor pam Keller is co-author.

AnDrEW torrAnCE published the following articles: An Extinction bar to patentability, georgetown international Environmental Law review, 2008; Are the brookhill-Wilk patents impediments to Market growth in Cybersurgery? (co-author thomas McLean), international Journal of Medical robotics and Computer Assisted Surgery, 2008; Metaphysics and patenting Life, university of Missouri-Kansas City Law review, 2008; intellectual property as the third Dimension of gMo regulation, 16 Kansas Journal of Law and public policy 3, Spring 2007; patents to the rescue Disasters and patent Law, 10 Depaul Journal of health Care Law 3, Spring 2007.

he presented An interactive patent System Simulation (patentSim): initial Empirical results, in


September at Works in progress in intellectual property 2007 at the American university School of Law in Washington, D.C.; protecting and promoting biotechnology innovation as a guest lecturer in october at a life science busi-ness course at Kus Edwards Campus; Endangered Species and Climate Change Aiming the Law at Moving targets at Facts, ideas, and u.S. Climate Change policy: A Conference on Climate Change, sponsored by the Center for progressive reform and the Ku School of Law in october; patent Law reform (panelist with professors Mark Lemley and Christopher holman) in october at hot topics in intellectual property Law at the uMKC School of Law; patenting human Evolution at Law, Ethics, and the Life Sciences in october at Louisville university School of Law, Louisville, Ky.; patent our Future at the Kansas Law reviews biolaw symposium in november at the Ku School of Law; intellectual property and biodiversity Conservation in January at the 2008 American Association of Law Schools annual meeting in new York, n.Y.; patentSim and Entrepreneurship, in January for the Kauffman global Scholars program at the Kauffman Foundation in Kansas City, Mo.; tribal Sovereign immunity from patent and Copyright infringement in February at the 12th Annual tribal Law and government Conference, sponsored by the Ku School of Law and organized by its tribal Law and government Center; physiological Steps Doctrine in February at the 2007 ip & Communication Law Scholars Workshop at the Michigan State university School of Law in East Lansing, Mich.; Metaphysics and patenting Life in February as part of the intellectual property Scholars roundtable at Drake

university School of Law in Des Moines, iowa.

SuzAnnE VALDEz presented grandparent Visitation rights at three continuing legal educa-tion programs: Johnson County bar Association Family Law CLE program, overland park, December; Wichita SrS CLE program, Wichita, november; and the Kansas Legal Services CLE program, pittsburg, november. She was a radio guest in november on the topic of grand-parent visitation rights in Kansas on til Divorce Do us part, a talk radio show that deals with the legal and emotional reality of divorce, hosted by Susan Saper galamba on 1510AM.

Valdez published recent Developments in Kansas residential Landlord-tenant and Eviction Law, 55 Kan. L. rev. 935 (2007). She also was appointed to two subcommit-tees in the Judicial Council Family Law Advisory Committee one to draft divorce forms and the other to redraft pFA (protection from Abuse) and pFS (protection from Stalking) forms.

StEphEn WArE published Selection to the Kansas Supreme Court, available at www.ffed-soc.org/kansaspaper and forthcoming in the Kansas Journal of Law and public policy. he has spoken about the topic of Kansas Supreme Court selection to groups across the state: goddard (nov. 9), Wichita (Dec. 4), overland park (Jan. 9), topeka (Jan. 15), Dodge City (Jan. 17), garden City (Jan. 17) and great bend (Jan. 18). he also presented his research at the Midwest Law & Economics Association annual meeting on oct. 13 in Minneapolis and published op-ed pieces on the topic in the Wichita Eagle (nov. 29) and the Lawrence Journal-World (Dec. 8).

Ware led a discussion of his work on Mandatory rules of Law in Arbitration on Feb. 8 at Vanderbilt university Law School and spoke on arbitration to Federalist Society stu-dent groups at several law schools: george Mason university School of Law (oct. 25), university of Minnesota School of Law (oct. 12), university of Missouri School of Law (Sept. 20) and Saint Louis university School of Law (Sept. 19). in the Kansas Law reviews 2007 symposium issue, Ware published Medical-related Financial Distress and health Care Finance: A reply to professor Melissa Jacoby.

ELizAbEth WEEKS published Failure to Connect: the Massachusetts plan for individual health insurance, 55 Kansas L. rev. 4 (2007), included in Kansas Law review Symposium the Massachusetts plan and the Future of universal Coverage in november 2006; beyond Compensation: using torts to promote public health, 10 J. health Care L. & poly 27 (2007), based on a talk that she gave at the Association of American Law Schools annual meeting in January 2006; and Loopholes: opportunity, responsibility, or Liability? 35 J. Law, Med. & Ethics 320 (2007), an invited contribution to a regular col-umn in the journal on the Ethical health Lawyer.

Weeks presented right to Experimental treatment: FDA new Drug Approval, Constitutional rights, and the publics health at four venues: a faculty workshop on Feb. 14 at the university of north Carolina School of Law, Chapel hill, n.C.; a faculty workshop on Dec. 11 at the Drexel university College of Law in philadelphia; a panel on research rights and policies on nov. 5 at the American public health Association annual

meeting in Washington, D.C.; and the Midwestern Law & Economics Association annual meeting on oct. 12-13 at the university of Minnesota School of Law in Minneapolis. Weeks also presented tort Litigation for the publics health at a symposium on public health perspectives on Charged Legal issues on oct. 19 at the Widener university School of Law in Wilmington, Del.

Weeks was elected vice presi-dent of the board of directors for the health Care Access Clinic in Lawrence and served as faculty ad-viser to Ku Laws inaugural health Law Moot Court Competition team, comprised of two second-year stu-dents who competed at the national competition nov. 9-10 at Southern illinois university in Carbondale, ill.

A L U M N I N E W S


ALUmNI REKINdLE KU LAW mEmORIESAT REUNION, vOLUNTEER EvENTSBY KEVIN KELLY, OUTREACH ACTIVITIES DIRECTOR

the 2007-2008 academic year saw meaningful interaction be-tween the school and its valued alumni and friends.

Make a Difference Day brought the law school community together to volunteer its time for service projects in lawrence. Ku law alumni, students, faculty and staff converged on Green Hall on a saturday morning for thanks and a pep talk from Dean Gail agrawal and Judge Jan Karlin, the 1980 graduate who organized the event. then the volunteers rolled up their sleeves and got to work at Big Brothers and Big sisters, Habitat for Humanity, Habitat restore, Centro Hispano and the Douglas County Child safety seat inspection station. they also helped several elderly lawrence residents with house cleaning and yard work. the event was held in cooperation with the roger Hill Volunteer Center, which coordinates vol-unteer opportunities in Douglas County.

Judge steve leben, l82, and alumnae liz rogers and saraliene smith, both l2007, made things a bit easier for first-year students as they arrived on a chilly December morning Dean Jimmy Green gazes down at KU Law grads during a campus tour stop at old Green Hall. Pictured are, from left, Chuck Zarter, L67, Karen Borell, L77, and Mike Walker, L67.

university of kansas | aluMni & FrienDs news 25

ALUmNI REKINdLE KU LAW mEmORIESAT REUNION, vOLUNTEER EvENTS

for their law school finals. the trio donated their time to sup-ply the students with hot coffee and donuts, orange juice and other refreshments. the serving table quickly became a place for nervous chatter by the anxious students and words of encour-agement from the alums.

Ku law hosted its first alumni reunion weekend on oct. 4-5, honoring the classes of 1967, 1977 and 1982. the weekend featured several events, includ-ing a continuing legal education program

ku law magazine | spring 2008

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