FACULTY

FORUM

University of Tennessee

College of Law

Vol. 8 ◊  October 31,  2022

Brad Areheart

Professor Brad Areheart recently spoke in person at Vanderbilt Law School as a participant in the Colloquium on Scholarship in Employment and Labor Law. He workshopped his latest article, "The Privilege Gap" (co-authored with Jessica Roberts), on October 21, 2022.

Wendy Bach

Professor Wendy Bach presented a new work in progress, "Stopping Criminalization at the Bedside," co-authored with Dr. Mishka Terplan, at the National Harm Reduction Coalition Conference in San Juan, Puerto Rico. She was also thrilled to talk about her new book, "Prosecuting Poverty, Criminalizing Care" at the same conference.

Additionally, Professor Bach’s new paper, "HIPAA v. Dobbs," co-authored by Professor Nicholas Terry, will be published this spring in the Berkeley Technology Law Journal.

Professor Bach also presented recently at the University of North Carolina Law Review Symposium, "Families, Crisis, and Economic Security: Rethinking the Role of Government." 

Professor Bach’s book "Prosecuting Poverty, Criminalizing Care," was the subject of an author meets reader panel at the annual ClassCrits Conference. She was particularly excited that Professor Jewel was one of the commentators.

Teri Baxter

Professor Teri Dobbins Baxter discussed her research in a talk titled “Families, Health, Equity, Disparities, and the Law,” at the UTK Outreach and Engagement Conference on October 4, 2022.

Professor Baxter (along with Professors Robert Blitt, Zack Buck, Glenn Reynolds, and Val Vojdik) participated in a Roundtable Discussion on Dobbs v. Jackson Women’s Health Organization on October 3, 2022. The discussion was sponsored by the College of Law Community and Inclusion Committee.

Zack Buck

On September 30 and October 1, Professor Zack Buck participated in the ASLME Health Law Scholars Weekend at Saint Louis University School of Law’s Center for Health Law Studies. Professor Buck was asked to be a reader for one of the junior scholar’s drafts and participated in a two-day long workshop of mentorship and scholarly development.

On October 3, Professor Buck participated in a roundtable discussion, Dobbs v. Jackson Women’s Health Organization, where he presented remarks, "Dobbs and Federal Health Law: EMTALA and Medication Access" at the University of Tennessee College of Law.

On October 10, Professor Buck presented "Hot Topics in Health Law and Policy" as part of the 35th Annual Texas Health Law Conference to the Health Law Section of the State Bar of Texas. The event, which took place at the University of Texas campus in Austin, was attended by more than 250 attorneys from around the state.

Professor Buck also presented “An Introduction to the Stark Law,” to the Georgia Association of Healthcare Executives as part of its Physician Executives MBA Talks Series on Oct. 27, 2022.

Sherley Cruz

On October 18th, as part of the Community Engagement Academy, Sherley Cruz facilitated an interdisciplinary panel discussion with UTK community-engaged scholars (Brandon Winford, Lynn Hodge, and Xiaopeng Zhao) on how to become an engaged scholar and the resources available to support the work.

On October 22nd, Sherley Cruz presented her work-in-progress, "Decoding the Barriers in Sexual Harassment Policies," as part of a discussion on “Improving Employee Reporting Mechanism” at the 17th Annual Colloquium on Scholarship in Employment and Labor Law.

Joan Heminway

Professor Joan Heminway recently participated in two bar programs. First, she coordinated and moderated a continuing legal education panel on “Large Firm & Small Firm Models for Changing Culture to Promote Mental and Physical Health and Productivity” as part of the Knoxville Bar Association’s 2022 Wellness Conference. She also presented Tennessee law issues as part of a Tennessee Bar Association virtual webinar roundtable on the relationship between animal cruelty and family violence for the Animal Law Section.

Lucy Jewel

Recently, Professor Lucy Jewel participated in the Society of American Law Teachers Teaching Conference at Loyola Law School in Chicago, Illinois. First, Professor Jewel served on the planning committee for the SALT faculty development workshop held the day before the main conference on Thursday, October 13, recruiting law faculty members from across the country to speak on various faculty development topics. Also at this workshop, she moderated a panel discussion of professors and students on the topic of teaching controversial topics in divisive times. Then, on Saturday, October 15, as part of the primary SALT conference program, Professor Jewel presented a portion of her forthcoming book (co-authored with two others), "Critical and Comparative Rhetoric," which addresses how to teach students more critical approaches to legal analysis and rhetoric.  

On October 21 and 22, Professor Jewel also recently participated in the Thirteenth Annual ClassCrits conference held at Thurgood Marshall School of Law in Houston, Texas. In the opening plenary session, Professor Jewel spoke about the intellectual history of the ClassCrits organization. She also participated as a reader in two book sessions, one devoted to Professor Teri McMurtry-Chubb’s book, "Race Unequals," and another devoted to Professor Wendy Bach’s book, "Prosecuting Poverty, Criminalizing Care." Professor Jewel co-chaired the ClassCrits conference planning committee and serves as President of the ClassCrits board.  

Brian Krumm 

Professor Brian Krumm reports that Katmai Conservancy, a client that the Business Law and Trademark clinic worked with is getting a lot of media attention for the "Fat Bear" mark that the clinic helped them register. Stories have appeared on both CNN and the Today show.

Tom Plank

Professor Emeritus Tom Plank was a panelist for a CLE webinar program, "UCC Security Interests in Payment Intangibles: Intercompany Loans, Debt Obligations and 'Promissory Notes,'" on September 29, 2022, sponsored by Strafford Publications. The program included coverage of the 2022 Amendments to the Uniform Commercial Code that added controllable payment intangibles to Article 9 of the UCC and a new Article 12 on controllable electronic records. Other members of the panel were with Edwin E. Smith, Partner, Morgan Lewis & Bockious, LLC, and chairman of the drafting committee for the 2022 Amendments, and Steven O. Weise, Partner, Proskauer Rose LLP, and member of the drafting committee. Professor Plank had participated in some of the drafting sessions as an American Law Institute Consultative Group member and observer for the Uniform Law Commission.  

Glenn Reynolds

Professor Glenn Reynolds joined a special symposium in The New Criterion on the Supreme Court's affirmative action cases this term. His article is "Affirmative Action, Democracy, and the Supreme Court." 

On this year's ballot is Amendment #2, a provision revising the gubernatorial succession process in Tennessee to take account of serious illness or incapacity on the part of the governor. Under existing law, a Lieutenant Governor (who in Tennessee is also the Speaker of the Senate) serving temporarily as Governor would have to resign his/her Senate position. This amendment allows a Lieutenant Governor to temporarily serve as Governor without having to resign. Professor Glenn Reynolds served on the Gubernatorial Succession Committee that drafted this language several years ago, and reports that it has worked its way through the legislative process largely intact. Professor Reynolds says his favorite part of the Committee service was listening to stories from former Governor (and Speaker of the House) Ned Ray McWherter, who also served.

Dean Rivkin

Professor Emeritus Dean Rivkin co-presented the Keynote talk at the 13th annual Appalachian Environmental Public Interest Law Conference (APIEL). His co-presenter was John Rosenberg, the director emeritus of Appalachian Research and Defense Fund of Kentucky and the founder of the Appalachian Citizens Law Center. Their talk was titled, “Re-examining the Meaning and Mission of Public Interest Lawyering in Appalachia: What Would Sisyphus Do?”

Maurice Stucke

The Guardian newspaper recently commented on Professor Maurice Stucke’s latest book, "How Big-Tech Barons Smash Innovation – And How to Strike Back" (co-authored with Ariel Ezrachi), calling it "remarkable" and noting that "[a]s an antidote to tech puffery, the book will be hard to beat."

Professor Stucke was also quoted extensively in a piece by ProPublica entitled "Rent Going Up? One Company's Algorithm Could Be Why."

Connecting the Threads Symposium

A number of UT Law faculty members participated in the sixth annual “Connecting the Threads” symposium recently hosted by Transactions: The Tennessee Journal of Business Law. The symposium showcases editors of the Business Law Prof Blog as featured presenters, with commentary offered by UT Law faculty and students. Works presented at the symposium, together with the related faculty and student commentary, will be published in the spring 2023 issue of Transactions.

As one of the editors of the Business Law Prof Blog, Professor Joan Heminway presented her draft essay entitled “The Fiduciary-ness of Business Associations.” Professor Brian Krumm commented on Professor Heminway’s essay. In his commentary, Professor Krumm explored some of the background and legislative considerations relating to a new Tennessee law that allows for the establishment of a decentralized autonomous organization as a limited liability company. The legislation is a primary catalyst for Professor Heminway’s essay.

The contributions of other UT Law faculty include the following:

• Professor Dwight Aarons offered observations on Professor Stefan Padfield’s work entitled “An Introduction to Anti-ESG Legislation.”
• Professor Eric Amarante commented on a case study entitled “Avoiding the King Lear Problem: A Case Study in Family Business Succession” coauthored by Business Law Prof Blog editor Doug Moll and Ben Means.
• Professor George Kuney offered reflections on Professor John Anderson’s compliance policy critique entitled “Rethinking Insider Trading Compliance Policies in Light of the SEC's New ‘Shadow Trading’ Theory of Insider Trading Liability.”
• Professor Gary Pulsinelli discussed aspects of Professor Colleen Baker’s “Trading on the Cloud,” a preliminary exploration of the increasing reliance of securities exchanges on cloud computing.