F A C U L T Y
F O R U M
University of Tennessee
College of Law
Volume Six ◊ Issue 21 ◊ June 30, 2021
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Zack Buck (virtually) presented his forthcoming paper, "When Hospitals Sue Patients," at the 44th annual Health Law Professors Conference, which was hosted by Northeastern University School of Law on June 7, 2021.
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Professor Buck also presented as part of the Jay Healey Teaching Session, entitled "Radical Humanity, Vulnerability, and Community in Law Teaching and Learning," as part of the kickoff to the 44th annual Health Law Professors Conference, which was hosted by Northeastern University School of Law on June 7, 2021.
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Professor Buck also published a piece on The Conversation, entitled "It is What’s Next for Health Care Reform After the Supreme Court Rejects ACA’s Most Recent Challenge," available here. The piece takes a brief look at last week’s Supreme Court decision, and looks ahead at what could be next in health reform.
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On June 17, 2021, Professor Cruz was a panelist, along with Professor Demetria D. Frank and Judge Bernice B. Donald, and Chancellor Joedae L. Jenkins at the Annual Tennessee Judicial Conference. The topics was "Implicit Bias in Sentencing," and Professor Cruz discussed her research on implicit bias and artificial intelligence from her article, Coding for Cultural Competency.
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On May 20, 2021, Professor Cruz was a panelist, along with Professors Jeff Baker, Christine Cerniglia , Kendall Kerew, and Shobha Mahadev, at the Clinical Legal Education Association’s New Clinician’s Conference. The panel discussed Clinical Teaching and Practice During Crisis. Professor Cruz shared how UT’s Advocacy Clinic continued to build and support community while working in hybrid spaces during the pandemic.
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During the 2021 AALS Clinical Conference in May, Professor Cruz participated in multiple sessions including co-facilitating the half day Clinicians of Color (CoC) Workshop, which focused on promoting and supporting the teaching, scholarship, and professional development of the CoC community. She co-presented a session on teaching Rounds, which was followed by a blog co-authored by Professor Cruz in Best Practices for Legal Education. The Best Practices Blog also published a piece about the Implicit Bias Session in which Professor Cruz discussed how to create “brave spaces” to unpack implicit bias in the classroom. Lastly, Professor Cruz co-presented a “Hot Topic” session about Racial Trauma with Professor Wendy Bach, Joy Radice, and others that started a dialogue about how to identify, acknowledge, and work with racial trauma in the classroom.
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Professor Joan Heminway offered both a keynote talk and a teaching presentation at Emory Law’s recent Seventh Biennial Conference on the Teaching of Transactional Law and Skills. The theme of the conference was Emerging from the Crisis: The Future of Transactional Law and Skills Education. Professor Heminway’s keynote focused on the need to teach resilience to transactional business law students. In her “Try This” teaching session, “Leadership for the Transactional Business Law Student,” Professor Heminway offered examples from transactional business law courses that illustrate how teaching moments can be created—or opportunistically used—to offer leadership education to law students.
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Associate Dean Michael Higdon was part of a panel (along with Professors Kyle Velte and Jordan Blair Woods) entitled "Breaking Down Fulton v. City of Philadelphia." The panel was organized by the New York State Judicial Institute for the benefit of New York state judges.
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Professor Becky L. Jacobs contributed an essay to the recently-published Discussions in Dispute Resolution: The Foundational Articles, from Oxford University Press. The book collects sixteen foundational writings in dispute resolution with a focus on negotiation, mediation, arbitration, and public policy and provides expert interdisciplinary commentaries on each piece. Professor Jacob's contribution focused on Lon Fuller’s 1971 article, "Mediation: Its Forms and Functions."
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On May 25th, Professor Lucy Jewel participated in a national CLE program sponsored by the SCRIBES organization. The CLE program, Should Legal Writing Be Woke? considered how lawyers should address racially charged legal terms such as "illegal alien," "grandfather clause," and "Chinese wall." The program also included Massachusetts Court of Appeals Justice James Milkey, UIC Chicago Law Professor Teri McMurtry-Chubb, South Texas College of Law Professor Josh Blackman, and Scribes Vice President John Browning.
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On May 28th, Professor Lucy Jewel virtually presented her paper, "Comparative Legal Rhetoric," at the annual meeting of the Law & Society Association.
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Professor Jewel has also accepted an invitation to join the University of Tennessee's STRIDE Committee, the purpose of which is to revitalize the University's efforts to hire and retain a diverse faculty by using peer-to-peer instruction about academic research on bias and diversity.
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Professor Brian Krumm participated on two virtual panels at the 2021 AALS Conference on Clinical Education. On April 28, 2021 he presented on “Obstacles and Opportunities in Clinical Team Teaching” along with Professors Eric Amarante and Joy Radice. On April 29, 2021 he participated on a panel entitled “2020 Visionaries” with Professor Eric Amarante which discussed the results of a survey on how clinical education adapted to remote teaching and discussing what practices will remain once face-to-face teaching resumes in the fall.
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Professor Krumm was also a discussant at the American Bar Association’s Conference on Rebuilding Democracy and the Rule of Law on May 7, 2021.
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Finally, Professor Krumm presented at Emory Laws Seventh Biennial Conference – Emerging from the Crisis: The Future of Transactional Law and Skills Education, on June 7, 2021. The topic of his presentation was “Using Simulation Method with “Asynchronous and Synchronous Learning to Teach Drafting and Negotiation Skills.”
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On June 4th, Professor George Kuney was one of two co-recipients (together with UGA Law Prof. Carol Morgan) of the Tina L. Stark Award for Excellence in the Teaching of Transactional Law and Skills at the Seventh Biennial Conference on the Teaching of Transactional Law and Skills. The award is given bi-annually to an educator who is:
- committed to training students to be practice-ready transactional attorneys;
- dedicated to engaging, inspiring, motivating and nurturing students;
- devoted to teaching with passion, using creative and innovative methods;
- known for achievement in curriculum or program development and pedagogy; and
- pledged to advance the cause of transactional law and skills education.
Professor Kuney is the second recipient of the Stark Award, which honors Tina L. Stark, a trailblazer in transactional law teaching with whom Professor Kuney has worked closely.
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The fourth edition of Professor Kuney and Professor Donna Looper's textbook, Legal Drafting, Process, Techniques, and Exercises has been published by West.
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On June 2, Professor William Mercer presented a paper entitled “‘Let My Executor Ask the Prospective Heirs Assembled this Night if They are Willing to Take What Fortune Offers Them’: The Reading of the Will Ceremony and Popular Expectations of Law” at the 2021 annual meeting of the Popular Culture Association.
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An amicus brief filed by Professor Glenn Reynolds and several other law professors was cited by the Georgia Court of Appeals in McBrayer v. Governors Ridge Office Park Ass'n. The case involved the office park's condo association attempting to eject an abortion clinic because it drew protests. The brief argued that a person or business engaging in a legal activity is not responsible for the actions of those who oppose that activity. The court was persuaded.
"Under the common law, property ownership in Georgia does not guarantee only ideologically-aligned neighbors whose business practices will cause no upset or attract no controversy, and we will not hold otherwise."
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Professor Reynolds is a beta tester for SpaceX's new Starlink satellite-based Internet service, one of 10,000 worldwide. Starlink uses thousands of low-altitude orbiting satellites to provide broadband Internet anywhere. So far, he reports that it's "better than Comcast." He remarks that it's fun to see things he was writing about decades ago finally happening.
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Prof. Glenn Reynolds wrote an article for RealClearPolitics on voting reform, "Easy to Vote, Hard to Cheat."
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Professor Glenn Reynolds was quoted in the Orange County Register regarding the Supreme Court's decision in Cedar Point Nursery v. Hassid.
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On May 12, Associate Dean Paula Schaefer moderated a roundtable with John Dean and professional responsibility professors. This roundtable is one of several events sponsored by the Professional Responsibility section of AALS to mark the 50-year anniversary of Watergate. Schaefer is the current chair of the Professional Responsibility section of AALS.
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Professor Greg Stein gave a presentation at an online conference sponsored by the FDIC and the Federal Reserve Bank of Atlanta. The conference, entitled “Heirs’ Property: Impact of Clouded Title on Asset Preservation,” was discussed the benefits of Tennessee’s possible adoption of the Uniform Partition of Heirs Property Act. Prof. Stein’s talk was entitled “The Uniform Partition of Heirs Property Act: History and Basic Provisions.”
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Professor Maurice Stucke's book, Competition Overdrive, which he co-authored with Professor Ariel Ezrachi was positively reviewed by Inside Higher Ed.
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In late May, Dean Emeritus Melanie Wilson attended a two-day meeting of the Association of American Law Schools in her role as a member of the Executive Committee. During the meeting, the Executive Committee reviewed several member schools, approved new Sections, approved the association’s budget, and made other governance decisions for the year.
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On June 2, Wilson took part in the annual meeting of Tennessee’s Coalition for Better Health (CBH) as a member of the Board of Directors. The Coalition for Better Health is an organization devoted to improving the health of Tennesseans through advocacy and policy change.
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Wilson was also interviewed by the Nashville News (WKRN News 2) about Davidson County District Attorney Glenn Funk’s ability to exercise prosecutorial discretion to refuse to enforce the new Tennessee “bathroom bill,” requiring businesses and government facilities to post signs if they allow transgender people to use multi-person bathrooms.
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