FACULTY

FORUM

University of Tennessee

College of Law

Vol. 7 ◊ June 2022

Wendy Bach

Professor Wendy Bach published an op-ed, entitled "More States Will Now Limit Abortion, but They Have Long Used Laws to Govern – and Sometimes Jail – Pregnant Women,” has been published in The Conversation.

Zack Buck

On June 1, 2022, Professor Zack Buck served as a co-host for the opening teaching plenary, the Jay Healey Health Teaching Session, at the 45th annual Health Law Professors Conference hosted by Arizona State University Sandra Day O’Connor College of Law, in Phoenix, Arizona.

On June 20, 2022, Professor Buck also published "Quiet, Humble, Disinterested Leadership" on the Leading As Lawyers Blog, maintained by the University of Tennessee College of Law Institute for Professional Leadership. It is available here.

Sherley Cruz

On June 4th, Professor Sherley Cruz was a panelist at the 2022 National Conference on Race and Ethnicity in Higher Education (NCORE). Her session, "The Misinformation of Gen Z," explored how faculty can work around barriers that seek to silence critical discourse about race and equity.

On June 6th and 7th, Professor Cruz helped facilitate UTK’s Office of Community Engagement and Outreach’s inaugural Community Engagement Academy Summer Intensive Course. The course offered UTK graduate students an opportunity to learn the fundamentals of engaged scholarship and community outreach.

Professor Cruz also published an essay in the Knoxville Bar Association June 2022 DICTA magazine “What I Learned About Inclusion and Why It Matters” section. In the essay, "And This is Why Belonging Matters," Professor Cruz explains why a sense of belonging is key to the success of Diversity, Equity, and Inclusion efforts.

Professor Cruz’s article, "Essentially Unprotected," was published in Tulane Law Review, vol. 96, issue 4.

Professor Cruz was also a moderator for the Having an Impact, Creating a Legacy: Transformative Teaching Workshop at the inaugural Graciela Olivarez Latinas in Legal Academy Workshop. Presenters discussed how to be their most “audaciously radical” and authentic selves in the classroom.

Joan Heminway

Professor Joan Heminway’s essay, “Corporate Management Should All Be Feminists,” was recently published by the Minnesota Journal of Law & Inequality.

Lucy Jewel

On June 13, via invitation, Professor Lucy Jewel presented a virtual continuing legal education seminar sponsored by the King County Bar Association (Seattle, Washington). Professor Jewel discussed how cognitive psychological theory relates to legal persuasion and rhetoric. 

On April 20, Professor Jewel moderated a virtual discussion on domestic relations appeals with attorneys K.O. Herston, Donald Camparella, and Judge Mary Wagner (Shelby County Circuit Court). The Tennessee Bar Association’s Appellate Section sponsored the webinar. Professor Jewel is the Chair of the Section this year. 

On March 10, Professor Lucy Jewel moderated a virtual panel discussion “Keeping the ‘Crit’ in Critical Tax: Lessons from LatCrit and CRT" with Frank Valdes (Miami Law), Anthony Infanti (Pittsburgh), and Diane Klein (Southern University Law Center). The panel, sponsored by the ClassCrits organization, discussed varying definitions of “critical” and how the label has been applied and mis-applied in tax scholarship.

George Kuney

A recently article in the New York Law Journal entitled "The Broad Range of Amicus Arguments Advanced for and Against Nonconsensual Third-Party Releases in the 'Purdue' Appeal" identified Professor George Kuney as one of the "nationally and internationally recognized scholars" who filed a brief in opposition to the appeal.  

Alex Long

Professor Alex Long was quoted in a May 26 article in the Tennesseean about the recent scandal involving sexual abuse and the Southern Baptist Convention (SBC). The article discusses the legal advice provided by lawyers for the SBC concerning the scandal.   

Glenn Reynolds

Professor Glenn Reynolds was quoted in an NPR story by Nina Totenberg on the Supreme Court's decision in NY Rifle & Pistol Ass'n v. Bruen.

Briana Rosenbaum

Professor Briana Rosenbaum presented her research, "The Insidiousness of Neutrality," at the Grey Fellows’ Conference at Stanford Law School on June 3. In this project, Professor Rosenbaum uses archival research to explore law school admission practices prior to Brown vs. Board of Education at the University of Tennessee College of Law.

Paula Schaefer

Associate Dean Paula Schaefer was invited to participate in the "Hybrid Workplaces and Hybrid Teaching" workshop at West Academic Publishing in St. Paul, Minnesota on June 6-8. Workshop participants discussed future needs in course materials and legal academic publishing in light of increased online teaching and remote work by faculty. Also in June, Dean Schaefer presented 2022 Attorney Ethics Update CLE for the Tennessee Attorney General’s Office.

Greg Stein

Professor Greg Stein’s article, "Environmental Justice and the Tragedy of the Commons," has been published in California Law Review Online. The article argues that Garrett Hardin’s The Tragedy of the Commons is correct as far as it goes but that it focuses on small-scale resource failures such as overgrazing. Hardin did not contemplate large-scale resource collapses such as those precipitated by global climate change, which are more complex and occur over longer periods of time. As a result, Hardin underestimated the magnitude of the problem he addressed.

Maurice Stucke

Lynn Parramore, a Senior Research Analyst at the Institute for New Economic Thinking, interviewed Professor Maurice Stucke about his recently published book, "Breaking Away." The interview can be found here.

Financial Times positively reviewed Professor Stucke's forthcoming book, "How Big-Tech Barons Smash Innovation—and How to Strike Back." 

Penny White

Professor Penny White, along with College of Law alums, J. Houston Gordon, Class of 1970 and Joe Riley, Jr., Class of 1972, represented an indigent accused who was charged with two counts of felony murder, two counts of second-degree murder, and two counts of especially aggravated robbery in April and May, 2022. The five-week trial, conducted after a change of venue in Madison County, Tennessee, resulted in a jury verdict of not guilty on all six counts. All three attorneys provided pro bono representation to the accused, who had been jailed for eleven years based on convictions overturned for cumulative constitutional error.

Professor White, aided by second-year Advocacy students, Meghan Alderson, Benjamin Barker, Lilly Anna Fairweather, and Keelin Kramer, completed an update of a book written by College of Law alum, Jerry Summers, Class of 1966, which will be published for use by law and pre-law students, practicing attorneys, and others interested in the American legal system. The book, “Hope To Win – Prepare to Appeal (and Change the Law along the Way), includes more than two dozen case studies from the United States Supreme Court, federal courts, and Tennessee courts. Each case study introduces a host of seminal legal principles and includes review questions and answers for self-study or classroom educational purposes.  

Professor White resented a program to the 2022 Nevada Bar Association Annual Meeting, held in Sonoma, California, entitled, “Climate Change and the New Crop of Supreme Court Decisions.” The program included a discussion of the Supreme Court as an institution, the contributions of individual justices, and a summary of the decisions rendered during the 2021-22 Supreme Court term.

Professor White will present a program at the Wisconsin Judicial College which will focus on restoring respect for the judiciary and preserving institutional legitimacy. The program includes White’s keynote address and will be followed by a panel discussion involving Wisconsin Supreme Court, appellate, and trial judges facilitated by White.

Professor White published the fourth in a series of articles about issue preservation in the Spring 2022 edition of “For the Defense,” the magazine for the Tennessee Association of Criminal Defense Lawyers.  The five-part series is being published by the state public defenders’ office in a handbook, which will be distributed without cost to all state public defenders during their October 2022 annual meeting. 

Professor White as entered into a publication agreement with Thomson Reuters to assume authorship of "Constitutional Rights of the Accused," previously authored by Professor Emeritus Joseph G. Cook. The treatise includes four volumes and is updated annually.