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FACULTY
FORUM
University of Tennessee
College of Law
Vol. 8 ◊ September 2022
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Brad Areheart
Professor Brad Areheart spoke as part of a panel on labor arbitration at the Tennessee Labor-Management Conference in Murfreesboro, TN on September 14, 2022.
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Wendy Bach
Professor Bach’s book, Prosecuting Poverty, Criminalizing Care, was published on September 1st by Cambridge University Press.
On August 30th Professor Bach spoke at the Memphis Bar Associations CLE, "Roe v. Wade, In the Murky Waters of a New Era."
Professor Bach participated in a three day juvenile defense bootcamp sponsored by the Community Law Office and the Gault Center. Working with Ebony Howard, from the Gault Center, Professor Bach trained local lawyers on providing effective representation to juvenile defendants in the disposition phase of their cases.
On Tuesday September 6th, Professor Bach spoke before the Knoxville City Council in support of a resolution supporting access to the full range of reproductive healthcare.
Professor Bach also recently published an entry in Jotwell, the Journal of Things We Like (Lots), entitled "On Divesting, Investing and Critically Examining Help, Lessons from a Symposium Center Abolition."
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Teri Baxter
Professor Teri Dobbins Baxter was a panelist for the Tennessee Bar Association CLE: "A Supreme Court Case Update and Recent Developments for Tennessee Lawyers." Professor Baxter discussed the holding in Dobbs v. Jackson Women’s Health Organization and the implications for the Court’s other substantive due process precedents. Judge Jeffrey Usman, the newest member of the Tennessee Court of Appeals, discussed Kennedy v. Bremerton School District, and Regina Hillman, Clinical Assistant Professor of Law at the University of Memphis Cecil C. Humphreys School of Law, discussed West Virginia v. EPA. William Harrison, a member at Sherrard Roe Voigt & Harbison, moderated the discussion.
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Sherley Cruz
Sherley Cruz accepted a nomination to be one of two Clinical Teaching Advisors for the 2024 AALS New Law Teachers Workshop Planning Committee. She also accepted an invitation to serve on UTK's Diversity and Engagement Faculty Advisory Board, joining fellow College of Law professor Valorie Vojdik on the Board.
Sherley Cruz was selected to present her work-in-progress, "Decoding the Barriers in Sexual Harassment Policies," at the AALS New and Emerging Voices in Workplace Law session at the 2023 AALS Annual Meeting.
On September 27th, Sherley Cruz facilitated a session on Engaging with Diverse Communities for UTK’s Community Engagement Academy.
On September 29th, Sherley Cruz was a guest speaker for Zscaler, a global data protection agency, as part of their Hispanic Heritage Month Series. She discussed the importance of diversity, equity, and inclusion efforts in the workplace and shared her experiences as a first-generation Latinx attorney and law professor.
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Associate Dean Michael Higdon's article, "LGBTQ Youth and the Promise of the Kennedy Quartet" has been published in volume 43 of the Cardozo Law Review.
Associate Dean Higdon's chapter entitled "The Editing Process" was recently published in "The Scribes Manual for Law Review Editors" from Carolina Academic Press.
Associate Dean Higdon has been selected to serve as a program co-leader for the University's Leadership Enhancement and Peer Support (LEAPS) program, which held its first session on September 30. The program is aimed at "existing academic faculty leaders who have served in their roles for at least two to three years and who would like to engage in professional development and have a peer support network."
Associate Dean Higdon's recent article, "Common Law Divorce," was recently reviewed by Professor Dara Purvis (of Penn State Law) on JOTWELL.
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Brian Krumm
Professor Brian Krumm presented at “How to Start and Grow a Successful Technology Company” on August 15th. The Conference was jointly sponsored by the UT Spark Innovation Center, the Tickle College of Engineering, and the Oak Ridge Innovation Institute. The focus of the conference was to inform faculty, researchers and students of the process and available resources to assist them in the commercialization of their intellectual property.
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Alex Long
Professor Alex Long’s article “Imposing Lawyer Sanctions in a Post-January 6 World” has been accepted for publication in the Georgetown Journal of Legal Ethics. The article focuses on how the involvement of lawyers in association with the events surrounding the January 6 attack on the Capitol illustrate the need to update the ABA Standards for Imposing Lawyer Sanctions.
Professor Long’s article “Using the IIED Tort to Address Discrimination and Retaliation in the Workplace” was recently published in the Illinois Law Review. The article discusses how the IIED tort could play an expanded role in the fight against employment discrimination and retaliation by treating retaliatory conduct as an especially weighty factor when deciding whether an employer’s conduct was extreme and outrageous for purposes of the tort.
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Briana Rosenbaum
Professor Briana Rosenbaum’s article, "Deflect, Delay, Deny: A Case Study of Segregation by Law School Faculty Before Brown v. Board of Education," has been accepted for publication in the Tennessee Law Review. In the article, Professor Rosenbaum uses rarely accessed and recently discovered archives to excavate the truths of UT Law’s segregationist history and show the direct role that law school faculty members played in the perpetuation of segregation. To do this, Professor Rosenbaum tells the story of Rudolph Valentino McKamey, a black citizen of Knoxville, TN who applied to UT Law in June 1948 but was denied because of his race. The article reconstructs the facts of Mr. McKamey’s efforts to achieve his goal of becoming a lawyer at Tennessee’s flagship institution and, at the same time, the tactics that UT Law faculty used to obstruct that effort.
Professor Rosenbaum also has a chapter, "Procedural Barriers to the Use of Title IX as a Defense for Transgender Students in State Juvenile Justice Proceedings," in a new book, "A Guide to Civil Procedure: Integrating Critical Legal Perspectives," published by New York University Press, and edited by Professors Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter. The chapter illustrates how federal question jurisdiction and choice of law can impact the enforcement of Title IX, particularly in state truancy proceedings involving transgender students who have experienced harassment and discrimination in school.
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Paula Schaefer
Associate Dean Paula Schaefer has accepted a 3-year appointment to the AALS Committee on Academic Freedom and Tenure. The Committee serves as a resource for AALS member schools that request an assessment of their procedures for protecting academic freedom or tenure.
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Maurice Stucke
The Institute for New Economic Thinking published an article by Professor Maurice Stucke and his co-author Ariel Ezrachi entitled "Beware of Toxic Innovation."
The University of Hong Kong recently hosted Professor Stucke and his co-author Ariel Ezrachi to present their book, "How Big-Tech Barons Smash Innovation, and How to Strike Back" in a live virtual event that can be accessed here.
Professor Stucke also took part in an amicus brief of behavioral economics scholars, who responded to the brief of another set of amici curiae, the Law and Economics Scholars. The brief Professor Stucke joined in argues that the mix of purely theoretical and anecdotal citations relied upon by the L&E Scholars fail to support their thesis that economic factors will adequately protect the LGBT community from discrimination.
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