UK Law Notes Online: April 2016

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UK LAW NOTES ONLINE APRIL 2016

ANOTEFROM THEDEAN It’s officially Spring and the UK College of Law is in full swing. I am so proud of the students, alumni and faculty who make up our college family and look forward to recognizing their accomplishments in the coming months. On April 28, we will honor our faculty at a faculty scholarship reception. On May 6, we will honor the Class of 2016, who will become alumni as they walk across the stage at commencement. Finally, we will honor our distinguished alumni on May 11 at our Annual Hall of Fame and Alumni Awards Reception. You can read about recent faculty accomplishments on our website at www.law.uky.edu. Some notable accomplishments include Professor Brian Frye receiving a 2016 Sponsored Scholarship Grant from the Institute for IP & Information Law, Professor Mary Davis being appointed as Distinguished University Research Professor and Professor Melynda Price receiving the Law and Public Affairs Fellowship to study at Princeton University next year. I hope you will join fellow alumni and students at our sixth annual golf tournament on May 16 that raises funds for student scholarships and summer public interest opportunities. As always, I hope this newsletter finds you and your loved ones well. David A. Brennen Dean and Professor of Law

UK LAW HOSTS CIVIL RIGHTS ACT SYMPOSIUM The University of Kentucky College of Law and the Kentucky Commission on Human Rights were proud to host the “Civil Rights Act Symposium” commemorating the 50th anniversary of the Kentucky Civil Rights Act. The event brought in nationally respected speakers, judges, lawyers and activists prominent in the civil rights arena including Honorable Jenean Hampton, Lt. Governor of Kentucky and the first African American to hold statewide office in Kentucky’s history; Honorable Andy Beshear, Attorney General of Kentucky; and keynote speaker Honorable Patricia Timmons-Goodson, Vice-Chair of the U.S. Commission on Human Rights and former Associate Justice on the Supreme Court of North Carolina. “I believe, as those who have come before me, that our strength lies in our differences,” said Beshear. “That we as a state become culturally and economically richer as we become more diverse.” The College of Law was honored to have the Kentucky School for the Deaf’s Signing Choir perform at the symposium. Also present were students from local high schools and middle schools who participated in the discussions led by our panelists. The Kentucky Civil Rights Act remains to be one of the most significant pieces of legislation to be passed in the last 50 years.


STUDENT IMPACT. 01 UK LAW STUDENTS DANCE, RAISE $2,000 TO FIGHT PEDIATRIC CANCER

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In February, UK Law students cut loose on the dance floor for UK’s 11th annual DanceBlue marathon – the most successful student-run philanthropic event to date! The team of dancers, made up of Lindsey Anderson, Hillary Chambers, Travers Manley and Devan Trenkamp, did not sit or sleep for 24-hours in Memorial Coliseum, all to support pediatric cancer.

02 KJEANRL HOSTS SECOND ANNUAL SYMPOSIUM

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On March 2, the KJEARNL and the UK College of Law hosted a symposium entitled “Energy and the Environment: The Interplay of Regulations and Natural Resources Law and Policy.” The all-day event featured a morning session on “Energy—The Power of Regulation” and an afternoon session on “Health and the Environment.” To read more or see a list of presenters, visit http://law.uky.edu/news/kjeanrl-hostssecond-annual-symposium.

03 KLJ HOSTS ELECTION LAW SYMPOSIUM The light of election law shined on Kentucky on March 25, as the Kentucky Law Journal (KLJ) and the UK College of Law co-hosted an all-day symposium that brought powerhouse speakers from across the nation to the College of Law Courtroom. Kentucky Secretary of State Alison Lundergan Grimes kicked off the event with the delivery of the keynote address. To read more or see a list of notable speakers, visit http://law.uky.edu/news/symposium-brings-powerhousespeakers-uk-college-law. 04 WOMEN’S LAW CAUCUS HOSTS 2016 ANNUAL SPRING LUNCHEON The UK College of Law Women’s Law Caucus hosted its annual Spring Luncheon on March 9 at the Hilary J. Boone Center. The honorees were Jane H. Allen (’91) and Professor Cortney Lollar for their outstanding contributions as women in the law.

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ALUMNI IMPACT.

CLASS NOTES STEVEN L. BESHEAR (’68) has rejoined Stites & Harbison, PLLC.

MONICA BRAUN (’08) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

attorney.

JESSICA DROSTE (’14) recently joined the law firm of Sturgill, Turner, Barker & Moloney, PLLC’s torts and insurance practice group as an associate TAYLOR HAMILTON (’08) was named a shareholder of the law firm Morgan & Pottinger, P.S.C.

CHAPMAN HOPKINS (’09) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

SARA A. JOHNSTON (’15) has joined the Lexington office of DelCotto Law Group PLLC as an associate attorney.

MACK J. MORGAN III (’80) was named a senior fellow by the Litigation Counsel of America (LCA). The LCA, an invitation-only trial lawyer honorary society, is composed of 3,500 fellows nationwide. GEOFFREY R. MORGAN (’80) was named Attorney of the Month for January 2016 by Attorney at Law Magazine in Chicago, Illinois. The publication called Geoff “Today’s Next Generation Lawyer” and credited the honor to the unique operating model and diversity initiatives he employs in his new firm, which opened in early 2015. ELIZABETH MUYSKENS (’08) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

BRADLEY SALYER (’09) was named a shareholder of the law firm Morgan & Pottinger, P.S.C.

CHRISTOPHER SCHAEFER (’09) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

D. BRYAN THOMAS (’08) was promoted to partner in the Nashville office of Bradley Arant Boult Cummings.

LET'S KEEP IN TOUCH SEND ALUMNI UPDATES TO UKLAWALUMNI@UKY.EDU

NICK NICHOLSON (’07) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

University of Kentucky College of Law

G LF TOURNAMENT

May 16, 2016

SARAH SLOAN REEVES (’09) was promoted to Member of the firm Stoll Keenon Ogden PLLC.

LET’S GET SOCIAL

APRIL 2016

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FACULTY IMPACT.

FACULTY NOTES RICHARD AUSNESS published the following piece: Book Review, A Review of Alexander A. Bove, Jr., Trust Protectors: A Practice Manual with forms, 29 Quinnipiac Prob. L.J. 112 (2016). He also completed work on an article entitled Non-Charitable Purpose Trusts: Past, Present and Future. In addition, his work was cited 15 Wyo. L. Rev. 551 (2015); 9 Charleston L. Rev. 303 (2015); 30 Prob. & Property 32 (Jan./Feb. 2016) and 50 Real Prop., Tr. & Est. L. 267 (2015). SCOTT BAURIES’ work was cited extensively in the article The Constitutional Challenge to Teacher Tenure, 104 Calif. L. Rev. 75 (2015).

MARIANNA JACKSON CLAY has arranged for actors from Stage Right Acting to act as lay and expert witnesses in her depositions class. Because these witnesses have a “character“ to portray and are not law students, she believes that this will give the students a more realistic experience in dealing with different ages, types, and backgrounds. MARY DAVIS has been appointed as Distinguished University Research Professor for this year. Her work is cited extensively in the student note AN ADVERSE REACTION: FDA REGULATION OF GENERIC DRUG LABELING, 90 N.Y.U.L. Rev. 2154 (2015). JOSHUA DOUGLAS was a guest blogger at Prawfsblawg in March. See Does Donald Trump Have Standing to Keep Ted Cruz off the Ballot?, Feb. 13, 2016, Justice Scalia and Election Law, Feb. 14, 2016, Justice Scalia, Feb. 13, 2016, Three-Judge Courts and Precedent: An Election Law Procedural Quirk, Feb. 9, 2016, The Best Time To Submit Is Precisely 10:40 on Feb. 23, Fe., 8, 2016. Newsweek published his Op-Ed on Justice Scalia and election law, first written for Prawfsblawg. Finally, Josh spoke at a symposium on election law at Washburn School of Law in late February.

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UK LAW NOTES ONLINE

ALVIN GOLDMAN recently published an article entitled “Joseph Grodin’s Contributions to Public Sector Collective Bargaining Law” in 10 Calif. Legal Hist. 3748 (2015).

BILL FORTUNE was mentioned in the WKMS article Bicycling Bill Makes Room for Cyclists on Kentucky Roadways, Feb. 5, 2016.

BRIAN FRYE presented his paper “IP as Charity” at the AALS Annual Meeting, in New York, NY. He presented a paper on “Copyright & Cultural Production” at the Mega IP Fiesta, VIT Law School, Chennai (Madras), India and taught a class of about 100 Indian law students. Brian also presented a paper on “Art & the Public Trust in Municipal Bankruptcy” at the University of Detroit Mercy School of Law Centennial Symposium. Furthermore, he has been selected by the Institute for Intellectual Property & Information Law to receive the 2016 Sponsored Scholarship Grant for the Legal Academy. MELISSA HENKE was recently appointed chair of the Leadership and Development Committee for the Association of Legal Writing Directors. Her term will run from November 30, 2015 through July 31, 2016. She also had a victory at the Kentucky Court of Appeals in her pro bono representation of a (now former) Kentucky inmate in connection with his appeal of disciplinary action taken against him in 2009. NICOLE HUBERFELD published a piece on the Health Affairs Blog, which is the peer-reviewed on-line companion to the health policy (peer reviewed) journal, Health Affairs. See http://healthaffairs. org/blog/2016/02/08/decoupling-mythsabout-employment-and-health-insurance/. In addition, Nicole spoke at the AALS Annual Meeting at a joint session of the Employee Benefits Section and the Section on Law, Medicine & Healthcare. Finally, she spoke on “Pregnancy and the Law” at the UK School of Medicine.


CORTNEY LOLLAR’s article, Child Pornography and the Restitution Revolution, was quoted at length in United States v. R.V., 2016 WL 270257 (2016), a somewhat controversial opinion written by Judge Jack Weinstein of the Eastern District of New York. Additionally, she was quoted, and two of her articles were cited, in the Judicial Proceedings Panel Report on Restitution and Compensation for Military Adult Sexual Assault Crimes, a report provided to the Secretary of Defense and Chairs of the Armed Services Committee. It’s available at http://jpp.whs.mil/ Public/docs/08-Panel_Reports/02_JPP_Rest_Comp_ Report_Final_20160201.pdf. Her article, What Is Criminal Restitution?, also was cited in recent publications in the Maryland Law Review and Notre Dame Law Review. Finally, she presented her current work-in-progress, Criminalizing Motherhood, to the faculty at Georgia State University College of Law. DOUG MICHAEL’s work is mentioned in an article on Mondaq.com, The Kentucky Uniform Voidable Transactions Act Is Now In Effect, Jan. 5, 2016.

MELYNDA PRICE has received a Law and Public Affairs Fellowship and will spend next year at Princeton University. Her co-chairing of the Mural Committee is mentioned in many news/press release sources, e.g. Lexis18.com Capilouto Forms Committee To Recommend Long-Term Mural Resolution, Feb. 4, 2016. She was also recently quoted in a HeraldLeader article, University of Kentucky faculty propose center for social justice, Feb. 29. FRANKLIN RUNGE recently reviewed a book on food regulation in Keeping Up with New Legal Titles, 107 Law Libr. J. 462 (2015) (reviewing Courtney I. P. Thomas, In Food We Trust: The Politics of Purity in American Food Regulation (2014)).

SARAH WELLING’s article, Decisions to Prosecute Battered Women’s Homicide Cases: An Exploratory Study, was published in 30 J. of Family Violence 859-74 (2015) (with Follingstad, Rogers, & Priesmeyer). In addition, Sarah’s work was quoted by courts, including United States v. Asakevich, 810 F.3d 418, 420, 423 (6th Cir. 2016); State v. McSwine, ___ N.W.2d ___ , ___ n. 7 (Neb. 1/29/2016) (Connolly, J., dissenting); and State v. Vaughn, 2016 WL 367917, 18 (Kan. Ct. App. 1/29/2016)(unpublished). Finally, Sarah’s work was cited in the article LUIS V. UNITED STATES: ASSET FORFEITURE BUTTS HEADS WITH THE SIXTH AMENDMENT, 11 Duke J. Const. Law & PP Sidebar 57 (2015). ANDREW WOODS has been writing articles for the site Lawfare: Hard National Security Choices: Can the Government Compel Apple to Speak, The US-UK data deal, ISIS Was Born In An American Detention Facility (And It Wasn’t Gitmo), and Trust, Apple, and the First Amendment. Andrew was quoted in “Apple, FBI Escalate Crypto Fight” on govinfosecurity.com, also featured on bankinfosecurity. com, databreachtoday.in, inforisktoday.co.uk. He was referenced in a Boston Globe article, FBI v. Apple: What’s at stake in encryption fight. Finally, Andrew was quoted in Bloomberg Business about Apple vs. FBI: http://www. bloomberg.com/news/articles/2016-02-29/apple-scook-picks-up-where-snowden-left-off-in-privacy-debate.

CAREER DEVELOPMENT eed presenrtandu ate have aec g t en for a r ienced attorney? n or expter a job oed to post , ct Wan ss te o r p d r o ? our pajobwposting system online over to our websinte Head ww.law.uky.edu a d at w low these steps: fol rs tabrea the Caprlee rs a ye 1. seleckt o o m If you prefer E 2. Click onn “Online Job to email a ic k cl 3. ce” linPosition” job posting or vi er S g in st Po ost a call us with 4. clicnk on “P the information, o tt bu contact Joan Yocum at 859-257-8959.

APRIL 2016

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ALUMNI AWARDS On Wednesday, May 11, at 6:30 p.m., the UK College of Law and the Law Alumni Association will induct three new members into the 2016 Hall of Fame and honor five graduates who have distinguished themselves by their contributions to the practice of law and service to their communities. The recognition will take place at an alumni reception held annually in conjunction with the Kentucky Bar Association Convention. Please plan to join us at the Louisville Marriott Downtown as we honor and congratulate this year’s award winners: HALL OF FAME Steven Lynn Beshear (’68) John G. McNeill (’82) Marcia Milby Ridings (’76)

CLE OPPORTUNITIES 31ST ANNUAL NATIONAL CONFERENCE ON EQUINE LAW Keeneland Racecourse // May 4 & 5, 2016 CHEAP & EASY CLE UK College of Law // May 27, 2016 15TH BIENNIAL EMPLOYMENT LAW INSTITUTE The Campbell House // June 9 & 10, 2016 LAST CHANCE VIDEO UKCollege of Law // June 29 & 30, 2016

LOOKING BACK

PROFESSIONAL ACHIEVEMENT Shelley D. Chatfield (’93) COMMUNITY SERVICE Roula Allouch (’06) Stephen M. Ruschell (’74) YOUNG PROFESSIONAL J. Morgan McGarvey (’07) DISTINGUISHED JURIST David L. Bunning (’91) LEGACY AWARD Foster Ockerman (’47)

1937-1938 members of the KLJ

More information to follow.

LOUISVILLE ALUMNI RECEPTION

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UK LAW NOTES ONLINE

APRIL 2016


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