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LAW NOTES university of kentucky college of law
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Women's Law Caucus Honors Accomplished Women in the Legal Profession PAGE 8
CREDITS DEAN DAVID A. BRENNEN DIRECTOR OF MARKETING & COMMUNICATIONS MICHELE PEKOLA
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14 2019 Hall of Fame and Alumni Awards
08 TABLE OF CONTENTS
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STUDENT IMPACT.
04 Mock Trial Team Wins Regional 05 BLSA Competes in Mock Trial Competition
08 Women's Law Caucus Luncheon 10 Employee Benetifts Moot Court
11 Faculty Notes 14 Dean Brennen Named ACE Fellow 15 Professor Douglas Writes Book ALUMNI IMPACT.
06 UK Global Health Case Competition
16 Hall of Fame Inductees and Alumni Awards Recipients Announced
07 KJEANRL Hosts Symposium
18 Class Notes
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DESIGN MICHELE PEKOLA PHOTOGRAPHY J.A. LAUB PHOTOGRAPHY SHAUN RING MICHELE PEKOLA ABOUT THIS NEWSLETTER Law Notes Online is published quarterly for the alumni, students, faculty, staff and friends of the University of Kentucky College of Law. All correspondence should be directed to: Law Notes Online UK College of Law 209 Law Building Lexington, KY 40506-0048
FACULTY IMPACT.
03 Message from the Dean
CONTRIBUTING WRITERS SCOTT GILLIES WHITNEY HALE MICHELE PEKOLA LINDSEY PIERCY
STATEMENT OF NONDISCRIMINATION The University of Kentucky is committed to a policy of providing educational opportunities to all academically qualified students regardless of economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political belief, sex, sexual orientation, marital status, age, veteran status, or physical or mental disability. The University of Kentucky College of Law is a member of the Association of American Law Schools and is approved by the American Bar Association. © The University of Kentucky All Rights Reserved
MESSAGE FROM THE DEAN We recently welcomed 164 well-prepared professionals to the legal profession as they walked across the stage at Singletary Center for the Arts to receive their juris doctor degree from the University of Kentucky College of Law. We mentor tomorrow's leaders by empowering students with the excellence of a nationally recognized legal education, strengthening the Commonwealth, the country, and the individual.
which featured prominent guest speakers, and was open to the public.
Our students have engaged with our highly respected, world-class faculty as they have explored their studies and as they have learned practical skills outside the classroom. You'll read about the various trial and moot court competitions our students have participated in this spring, as well as UK Law's representation on an inter-disciplinary team that participated in a global health case competition. Additionally, students hosted the annual Kentucky Journal of Equine, Agriculture & Natural Resources Law Symposium,
Additionally, the Women's Law Caucus held their Annual Spring Luncheon and honored UK Law Professor Jane GrisĂŠ and retired Judge Janet Stumbo.
Our students also provided their services to those needing tax preparation assistance through the Volunteer Income Tax Assistance Program. Students also offered pro bono service, and our graduating class collectively provided 2,160 hours of pro bono work during their law school experience.
Our faculty continues to write scholarly books and articles, as well as write blogs, provide presentations and serve as guest speakers and panelists at various higher education and professional organization events. I look forward to honoring our 2019 Hall
of Fame Inductees and Alumni Awards recipients next month in Louisville as we celebrate their outstanding achievements and contributions to the profession as well as the communities they serve. I have the fortunate opportunity to participate in the American Council on Education's Fellows program next year and am eager to learn more about institutional effectiveness as a leader in mission-driven organizations and higher education. I hope this newsletter finds you and your loved ones well. All rise!
David A. Brennen Dean and Professor of Law
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UK Law National Mock Trial Team Wins Regional Competition This spring Matthew Boggs and Madeline Moss of UK Law's National Mock Trial Team were crowned regional champions — making them the 13th team in UK Law history to have claimed the title. They competed against 19 schools from Kentucky, Tennessee, Alabama and Mississippi. Boggs and Moss were supported by fellow teammates, John Paul Hicks and Amy Stutler, who also competed with strong effort despite not advancing to nationals. Hicks and Stutler are credited with helping Boggs and Moss reach the highest level of advocacy and evidence law that led them to success. “Our teammates were strong opponents and competitors. They brought out the best in us. Without their knowledge and skill, we would not have been as successful," Moss said. Moss also credits her experience from last year for her continued success. "I felt such gratitude for the instruction and opportunities I had been given this past year that allowed me to improve as a litigator in order to win the region this year," she said. During regionals, Boggs and Moss competed in five trials and were required to present on both sides of the cases before a panel of three practicing lawyers and judges. Compelling arguments helped them clench first place in all five trials. Additionally, they won 14 of the 15 total judge ballots. "Winning the regional competition made all the hours spent practicing worth it," Boggs continued. "The odds of advancing are low considering a field of 20 teams, but for our team to win for the second year in a row is something that we’re all proud of." “UK Law strives to provide a comprehensive legal education experience that supports students to rise to their personal best,” Dean David A. Brennen said. “These students rose to the occasion and represented UK Law very well with this outstanding performance.” The team also participated in the National Trial Competition, which was established in 1975 to encourage and strengthen students' advocacy skills through quality competition and valuable interaction with members of the bench and bar. The program was co-sponsored by the American College of Trial Lawyers and is designed to expose law students to the nature
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L to R: John Paul Hicks, Amy Stutler, Madeline Moss and Matthew Boggs.
of trial practice and to serve as a supplement to their education. The Texas Young Lawyers Association presents the annual competition, which attracts teams from more than 140 law schools and involves more than 1,000 law students each year. The goal is to provide a meaningful contribution to the development of future trial lawyers. The team is coached by Professor Allison Connelly, who believes mock trial competitions prepare students for future endeavors. “A trial competition involves a fake set of facts, with a fake client, fake judge and fake jury," she continued. "My goal is to see that these students are the best advocates in the courtroom where they are dealing with a real set of facts, a real client and a real judge and jury. If that happens, they are true champions." Since 1998, UK Law's trial teams have achieved a national reputation. In 23 years, they have won the American College regional competition 13 times. UK’s teams have reached the top eight teams in the nation seven times, including finishing second in the nation in 2009 and third in the nation last year. They have also been named five times as one of the top 16 trial teams in the country by the National Institute of Trial Advocacy.
BLSA Competes in Constance Baker Motley Mock Trial Competition UK Law students competed in the Constance Baker Motley Mock Trial Competition in Chicago with a team of four 2L students and a team of four 3L students. The 3L team progressed to the semi-final round and finished in 4th place out of 16 teams, making them alternates for nationals. The 2L team progressed to the quarter final round, finishing in the top 8. The 2L team included Chynna Hibbitts, Jordan Jennings, Olivia Pinkelton and Paul Sime, and the 3L team consisted of Cailyn Butler, Sabrina Castille, Jason Hernandez and Jalyn Hewitt, all members of the Black Law Students Association (BLSA). The competition was held in conjunction with the 2019 Midwest Black Law Student Association Regional Convention. “This is a great way to gain real-world experience before entering into the practice of law,” said Hibbitts. “Mock trial provides an opportunity to practice public speaking and understand legal issues from multiple angles. Having such a complex case, we were able to collaborate and see how each of us thought about the case.” The Constance Baker Motley Mock Trial Competition, one of six regional competitions hosted by the National Black Law Student Association (NBLSA), is one of the largest and most respected law school mock trial competitions in the country and aims to develop legal advocate skills. Competitors learn to develop a case from its inception to conclusion in the form of a trial. The competition includes rounds that simulate a civil trial proceeding where each team offers opening statements, direct and cross examination of witnesses, and closing arguments. Participants can develop strong courtroom skills and argue issues that are at the forefront of debate in the legal profession.
L to R: Cailyn Butler, Jalyn Hewitt, Sabrina Castille and Jason Hernandez
power students to gain practical skills that will strengthen their legal education.” “I am currently taking an evidence class and the applicability from the competition to class has helped me tremendously,” said Hibbitts. “I learn by doing, and by being able to practice while learning the different objections and exceptions that I would be using is beneficial. I want to have a career in litigation, so for me doing mock trial was an excellent opportunity. Being in the courtroom is second nature for me, and I can’t wait until I get to do it for the rest of my life.” UK Law students were coached by Daniel Whitley, a local practitioner, and Amanda Parker, an Assistant Commonwealth Attorney in Fayette County. Students and coaches spent many hours practicing during the three months leading to the competition. "We keep improving every year and everyone noted the growth of this year's teams. Most of the coaches and judges took their time to compliment UK Law students," said Whitley.
“Being a participant on mock trial allows us to experience “The best part of this experience was being able to work with real-world application and gain skills that apply to litigation,” said Jennings. “It’s one thing to write something for an two amazing practitioners and guest judges who took their exam and another thing to work with language and problem time to teach us practical skills," said Hibbitts. “They invested so much time in us and it has been great to learn from them. solving as it applies to consumption by a jury.” Learning practical skills that we will utilize, and the importance of courtroom decorum and demeanor was so beneficial.” “Each student at UK Law receives our best to help them reach their own personal best,” said David A. Brennen, Dean of UK Law. “Through participation in programs like the Constance Baker Motley Mock Trial Competition we emSPRING 2019
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Five UK Students Place First in the UK Global Health Case Competition disciplines represented and remained open to all ideas in order to make our proposal both powerful and feasible." Before attending the competition as a judge, Dr. Lonnie King, emeritus professor and dean of the College of Veterinary Medicine at Ohio State University, gave his keynote address on what it takes to effectively tackle global health problems, as a team, across the fields of human, animal and environmental health. He said, "One Health is about optimizing health in three demands; working collaboratively, working interdisciplinary and working across professions." The winning team exhibited the three competencies King underscored as critical to success in the public health arena. Five students from the University of Kentucky placed in the UK Global Health Case Competition (GHCC), which rallied both undergraduate and graduate students from various colleges to collaborate on revolutionary research. Together, they worked toward a common goal — solving a global health concern. This year, competitors were tasked with tackling refugee health. Ten interdisciplinary teams were given one week to create a strategic, realistic approach to improving refugee health in Lexington. Then, the strategies were presented to a panel of judges. In addition to receiving a $1,200 prize, the winning team was invited to represent UK at Emory University’s 2019 International Case Competition in March. Hina Iqbal is pursuing a degree in neuroscience. Through the competition, she had the opportunity to contemplate a complex issue, which helped prepare her for her upcoming journey in medical school. “I think the time limit that you have is a positive opportunity to challenge yourself,” Iqbal said. “At the end of that time, you end up realizing how much you were able to accomplish.” J.T. Henderson, a medical student, was a member of the firstplace team. They proposed a community refugee center partnered with a fictional Kentucky university — and other community stakeholders — to provide refugees with a space to address mental health and chronic illness, as well as, foster community development. “Our mission was to keep refugees at the center of, and involved in, all aspects of our proposal," Henderson continued. "Our team also worked very well together, brought unique insights from the
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UK faculty and professional and community mentors shared perspective and expertise with participants during team advisory sessions. Dr. Amy Zeidan, mentor and emergency medicine physician at UK HealthCare, was able to provide participants some tips based on her experience working with refugee communities. “If it’s a competition for creating something in Lexington, know the nonprofit and organizations that exist,” she said. "This allows you to avoid repeating old tactics and potentially find a partner that will help build your organization.” The winning team included the following students: • Carolyn Haugh, of Louisville, Kentucky, College of Medicine; • J.T. Henderson, of Danville, Kentucky, College of Medicine; • Cady Cornell, of Mt. Washington, Kentucky, College of Public Health; • Keyana Boka, of Bowling Green, Kentucky, College of Law and Public Health; and • Mary Sau, of Le San Gabriel, California, College of Pharmacy. The annual GHCC takes place every winter and is hosted by the UK Global Health Initiatives office. The competition is partially made possible by a generous gift from Dr. James F. Roark Jr. This year, Executive Director Warren Nash presented a $500 gift from the Von Allmen Center for Entrepreneurship to help cover the expenses associated with the 2019 Emory Case Competition. He also tendered his time and guidance to this year’s participants by hosting two presentation development workshops during the competition itself. A unit of the International Center, GHI seeks to advance research, education programs and service learning for students and faculty, with the goal of promoting health equity and improving the health of people throughout the world.
UK Law's KJEANRL Hosts Fifth Annual Symposium to practitioners in the community at large who can come and get an expert, or a renowned person in the field, talking to them about updates that they may utilize in their own practice.” “The symposium is really a chance for everyone in this legal community to come together and hear about some of the more recent developments in our subject areas.” The Kentucky Journal of Equine, Agriculture & Natural Resources Law (KJEANRL), in conjunction with the University of Kentucky College of Law, hosted its fifth annual symposium, which took place in the Senate Chamber of the Gatton Student Center on the University of Kentucky campus this spring, and was free and open to the public. Legal practitioners and regulators from Kentucky, the District of Columbia, Indiana and Ohio shared their thoughts and participated in discussions covering topics including state-federal relations; thoroughbred racing, wagering and sales; the past, present and future of environment protection; the intersection of agricultural labor and immigration policy; and sports wagering regulation. KJEANRL student members coordinated the event, led by third-year law students Kyle Bunnell and Lexy Gross, the Executive Development Editor and Editor-in-Chief, respectively. “It’s amazing in our position to be able to do things that actual attorneys do,” said Bunnell. “We work with Kentucky Bar Association to get continuing education credit, we solicit speakers, we encourage journal members to utilize their resources and give us feedback on what they want to hear about. We get feedback from faculty about emerging areas of the law that some of our faculty write about and explore in their scholarly pursuits and then we come together, and we decide what can we provide to practitioners, what can we provide to legal faculty, and what can we provide to law students to give them a more robust and informed program,” said Bunnell. “So much of what the KJEANRL stands for are things that implicate all of us,” said Bunnell. The organization covers topics including immigration, sports betting and horse racing, natural resources and environmental law. “We find that these areas are very important not only for scholarly interest of our faculty here and to our student body and our student editors, but also
Presenters included: William M. Lear, Jr., Chairman Emeritus of Stoll Keenon Ogden PLLC Ilya Shapiro, Director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute Janet G. McCabe, Professor of Practice at the Indiana University McKinney School of Law and Assistant Director for Policy and Implementation at IU’s Environmental Resilience Institute Kristi Boswell, Senior Advisor to Secretary Sonny Perdue at the United States Department of Agriculture Douglas L. McSwain, Partner with Wyatt Tarrant & Combs LLP The morning sessions included presentations titled, “Thoroughbred Racing, Wagering, and Sales: The Keeneland Trifecta,” “High on Federalism: Marijuana’s Challenge to State-Federal Relations,” and “The Past Present, and Future of Environment Protection: Threats and Opportunities.” The afternoon sessions included presentations titled, “The Intersection of Agricultural Labor and Immigration Policy,” and “Is Sports Wagering Coming to the Bluegrass, and if so, How Should it be Regulated?” “(The symposium is) a lot of fun and it provides a lot of leadership opportunities for students here. It’s been a really wonderful experience,” said Gross. “Five years running strong and we hope many more years to come.” The KJEANRL is a multi-disciplinary journal of law, science, and policy published twice annually by the University of Kentucky College of Law and edited entirely by students of the College of Law.
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Women's Law Caucus Honors UK Law Professor and Retired Judge for Outstanding Contributions in the Law Profession The University of Kentucky College of Law Women’s Law Caucus hosted its annual Spring Luncheon this month at the Hilary J. Boone Center. Alumni and distinguished members of the legal profession joined students, faculty, and staff to recognize retired Judge Janet Stumbo and Professor Jane Bloom Grisé. Jane Bloom Grisé is the Director of Academic Enhancement and Assistant Professor of Legal Research and Writing at UK Law. Prior to joining UK Law, she was in private practice specializing in international adoption law. Before moving to Lexington, she was an Assistant United States Attorney in the Southern District of New York. As Deputy Chief of the Civil Division as well as Chief of the Civil Rights Unit, she handled complex civil rights cases initiated by the United States as well as a variety of civil litigation and appeals. Before joining the U.S. Attorney’s Office, she served as Managing Attorney of Mid-Hudson Legal Services in Poughkeepsie, New York. In that office, she handled trial and appellate cases in all New York and federal courts. In addition, she litigated and argued Juidice v. Vail before the United States Supreme Court. Before joining Mid-Hudson Legal Services, Professor Grisé served as a Law Clerk for Judge Jack Day at the Ohio Court of Appeals. Professor Grisé shared that when she went to law school at the University of Wisconsin, her class was comprised of 5% females and there was one female law professor. Her law school experience and career were full of twists and turns, all of which led her through her comprehensive professional and personal paths and on unexpected adventures. “The legal profession is changing, and the only thing that is certain is that law firms are not going to look the same in five or 10 years,” said Professor Grisé. “Be open to new things. Try to get jobs where you can gain different perspectives. Good Lawyers have to be able to see all perspectives,” according to Professor Grisé. She indicated that her work at a U.S. Attorney’s office defending cases made her a better plaintiffs’ lawyer. “If interested in criminal law, try out the district attorney’s office as well as the public defender’s office,” said Professor Grisé. “The bottom line here is being a lawyer is an amazing opportunity to learn, to grow, to help other people, and to do all different kinds of things. Embrace uncertainty and just enjoy the ride.” Retired Judge Janet Stumbo is a UK Law graduate and is the first woman from the 7th Appellate District to be elected to the Kentucky Court of Appeals, where she served from 1989 to 1993. She was then the first women elected to the Kentucky Supreme
L to R: Professor Jane Grisé, Julie J. Greenlee, Laura Jane Phelps and Hon. Janet Stumbo.
Court, where she served until 2004. Judge Stumbo was elected to the Kentucky Court of Appeals for a second time in November 2006 and took the bench on January 1, 2007. She was re-elected in 2014 and retired from the bench at the end of 2017. Judge Stumbo spoke of her professional and personal experiences along her pathway and also highlighted the unexpected twists and turns she experienced. She said of her position with the Kentucky Supreme Court, “It was the best job I’ve ever had because it did demand so much of me, so much of the rest of the court. We had to talk out each issue at length and firmly establish what we were doing. It was really exciting work.” She, too, encouraged attendees to explore various pathways in their professional and personal life. “We all need to get out and do something new this year and in the coming years because you guys are young, and you are going to be having kids and looking at the world and thinking ‘What kind of world are my children going to have to live in? What kind of economy is there going to be? What kind of social structure is there going to be? How can I make a difference?’ And each and every one of you can make difference and you can do it by doing something unexpected. There is a path out there for you to make a difference, so get out there and make a difference!” David A. Brennen, dean of UK Law joined the Women’s Law Caucus in this celebration of women in the legal profession. He informed attendees that UK Law’s student body is at the highest percentage of women that the College has seen in the past 10 years at 47 percent. “We are also experiencing growth in the continued page 9 WOMEN'S LAW CAUCUS
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WOMEN'S LAW CAUCUS continued percentage of women who are in leadership roles within our student organizations, this academic year having 18 women serving as president out of the 29 active student organizations,” said Dean Brennen. Beginning at next year’s Women’s Law Caucus Spring Luncheon, the Rebecca Westerfield Award for Excellence in Leadership will be awarded to a rising third-year law student who has demonstrated excellence in leadership on campus, in the civic sphere, in the arts or in scholarly research and writing. Rebecca Westerfield is a 1975 graduate of UK Law and is a former Jefferson County Circuit Court judge. She moved to California in 1992 and became a founding member of JAMS (Judicial Arbitration and Mediation Services) on whose Board she now sits. The Women’s Law Caucus is a student organization at UK Law devoted to celebrating and fostering the contributions of women in the legal field. They lead a mentorship program with area attorneys, bring awareness to domestic and sexual violence, provide opportunities for personal and professional development, and host social and networking events in Lexington. The annual celebration of the contributions of women in the legal profession is one of the organization’s largest, most successful events of the year.
UK Law Students Provide Free Tax Filing Assistance This tax season the University of Kentucky College of Law continued one of its signature pro bono efforts – the Volunteer Income Tax Assistance (VITA) Program. Law student volunteers along with accounting students and an alumna provided free assistance with Tax preparations and filings to mostly low-income individuals with simple returns, as well as foreign students and scholars. This year a total of 31 volunteers prepared and filed 425 tax returns, saving clients more than $65,000 In preparation fees. Clients received $460,751 in federal refunds and $45,174 in state refunds. The tax clinic was open February 19 through April 15. The UK Law VITA site is one of seven in Central Kentucky operating with the help of United Way of the Bluegrass. Douglas Michael, Associate Dean of Academic Affairs and Dorothy Salmon Professor of Law at UK College of Law, leads the VITA clinic with the help of Jennifer Bird-Pollan, Robert G. Lawson Professor of Law and Chair of the University Senate Council at UK. “Students get a real clinical experience,” said Assistant Dean Michael. “ They are trained in law and regulations and must use that knowledge and their interviewing and problem-solving skills to help actual taxpayers with problems with real costs and consequences.” The United Way of the Bluegrass provides training, administrative and financial support of this program. Gatton College of Business and Economics and the Lexington Public Library have helped
with equipment and space for VITA Program labs, and the Internal Revenue Service (IRS) created the program and provided software, training and advice. “It is heartening to see so many come together in public service,” said Dean Michael. All student volunteers must complete a series of in-class or online trainings and, afterwards, pass multiple IRS tests to receive certification. It’s a great opportunity for students to apply what they’ve learned in the classroom in practical scenarios. “I believe it is necessary to demonstrate to students that public service is important,” said Dean Michael. “It is also great fun to see the students enjoy their involvement in helping others.” UK Law student and alumni volunteers for 2018 tax year preparation included: UK Law students Abbey Aldredge, Summer Bablitz, Barrett Block, Alex Callahan, Lauren Cobo, John Evans, Tristan Finn, Alex Henning, Jared Hudson, Aaron Johnson, Noah Lewis, Maddie Loeffler, Michael McCain, Mia Morales, Cameron Myers, Nick Nash, Foster Peebles, Melanie Ramsey, Chai Safeek, Tommy Staffieri, Dalton Stanley, Scott Sullivan, Mitchell Talaki, Clay Thornton, and Seth Woods. Ten of the 25 UK Law students were returning volunteers from last year’s program. Accounting students Cora Alles and Tony Del Grosso volunteered their services as did UK Law alumna Cate Poole (’12). Additional volunteers included Rick Fern and Stephanie Barnett. SPRING 2019
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UK Law Students Advanced to Second Round in Employee Benefits Moot Court Competition
L to R: Hannah Walker, Amanda Lewis and Brook Mullins
UK Law students competed for the first time in the Ellen A. (Nell) Hennessy Employee Benefits Moot Court Competition earlier this semester. Third-year students Brook Mullins and Amanda Lewis, with the help of alternate Hannah Walker, advanced to the semi-final round of this second annual competition, which took place at The Catholic University of America Columbus School of Law in Washington, D.C. The competition problem addressed issues arising from the denial of disability benefits under ERISA-covered plans, particularly the legal standards that courts should apply when reviewing a plan’s claims denials. Eight teams competed: two teams each from Catholic University and Georgetown University, and one team each from the University of Kentucky, University of Buffalo, Washington University, and John Marshall Law School. The teams argued before experienced ERISA practitioners, including the Honorable George H. Bostick, the former Assistant Secretary for the Employee Benefits Security Administration for the U.S. Department of the Treasury, and the Honorable W. Thomas Reeder, Jr., the Director of the Pension Benefit Guaranty Corporation. “I think they were very well-prepared and did an outstanding job,” Kathryn L. Moore, Stites & Harbison Professor of Law and UK Law team coach, said of UK Law students. “They were calm and confident and, as the judges repeatedly noted in their feedback to them, the students did a particularly
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good job answering the judges’ questions and then returning to their arguments.” Professor Moore noted that the students spent an enormous amount of time preparing for this competition. They spent two months drafting their brief after the problem was released, and they participated in eight separate mock hearings that each lasted between one and half to two hours during the month prior to the competition. In addition, they spent considerable time revising and practicing their arguments. UK Law professors Michael P. Healy, Paul E. Salamanca, Christopher W. Frost, Scott R. Bauries and Joshua A. Douglas supported the team by reading the briefs and judging the students in practice sessions. “The students were very well prepared and excelled at answering the judges’ questions thanks to the help they received from these faculty members,” said Professor Moore. The event was sponsored by The Catholic University of America Columbus School of Law and the American College of Employee Benefits Counsel.
FACULTY NOTES
Charlie A. Amiot
Richard C. Ausness
Charlie A. Amiot published an article titled "Congressional Research Service Products: Purpose and Legislative Histories in Legal Reference Services Quarterly (Feb. 2019). In March, Richard Ausness participated in a panel discussion at a Symposium on opioid addiction sponsored the University of South Carolina. An article written in connection with the Symposium will be published in the South Carolina Law Review. In addition, Professor Ausness was quoted in the Washington Post, London Telegraph, VICE News, Bloomberg News (London), NPR, Health Care & Life Sciences, Stateline, and the Frontier. He was also cited in the Gonzaga Law Review, Michigan Law Review, Michigan Business & Entreprenurial Law Review, Seton Hall Legislative Journal, University of Colorado Law Review, University of Memphis Law Review, Catholic University Law Review, Florida Law Review and Maryland Law Review. Professor Ausness also spoke at the Thomas A. Pitts Memorial Lectureship in Medical Ethics last month at the Medical University of South Carolina. Jennifer Bird-Pollan gave a presentation titled “Tax Reform in the United States: A Brief History, with a Look Towards the Future” in March at the Ohio Northern University Law Review Symposium, which was called “The Impact and Future of the Tax Cuts and Jobs
Jennifer Bird-Pollan
Christopher G. Bradley
Act.” She presented on the tax benefits of income tax exemption for non-profit entities, in particular colleges and universities, as part of the Festschrift for retired Harvard Law School Professor Daniel Halperin at Georgetown Law Center in April. Professor Bird-Pollan spoke on behalf of the University faculty at the UK Remembers event, in honor of members of the UK community who have died in the past year. She gave a presentation titled “Taxing Inherited Wealth in the Twenty-First Century” at an international multi-disciplinary conference called “The Right of Inheritance at the Technical University of Braunschweig in February. The proceedings of that conference will be published as a book next year. Christopher G. Bradley's article, "Business Entities as Skeleton Keys," Tulane Law Review (forthcoming), was presented after being selected from a call for papers at the Association of American Law Schools’ 2019 Annual Conference. This paper also benefitted from being workshopped by the UKCOL faculty and from being presented in New Orleans, LA, at the 14th Annual International Conference on Contracts. The article discusses the power of modern business entity law to reshape other areas of law and regulation. His article "The Consumer Protection Ecosystem: Law, Norms, and Technolo-
Mary J. Davis
Joshua A. Douglas
gy," was accepted for publication by the Denver Law Review. This article considers the role of technological and social change in the area of consumer law and policy. Professor Bradley published a short piece, called "Brighton Beach Surcharges, Part 1," in the Ethics and Professional Compensation Newsletter of the American Bankruptcy Institute (Jan. 2019). The second part of the article will be appearing in that same newsletter later this year. He moderated a panel discussion at the 14th Annual International Conference on Contracts and served as discussant for a paper presented at the inaugural Consumer Law Scholars Conference, at the University of California—Berkeley. Mary J. Davis gave a presentation at the UK Martin School for Public Policy on her recent article, "Time for a Fresh Look at Strict Liability for Pharmaceuticals." She was invited to participate in the Feminist Tort Judgments project, published by Cambridge University Press, writing a commentary on the classic products liability case of Escola v. Coca-Cola Bottling Co. She completed the manuscript for The Law of Torts (6th ed. forthcoming 2019, West Publishing)(with Christie, Sanders and Cardi).
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FACULTY NOTES
Alvin Goldman
Jane Grisé
Joshua A. Douglas authored Vote for US: How to Take Back Our Elections and Change the Future of Voting (Prometheus Books 2019). His recent op-eds include Kentucky makes it too hard to vote. How to start fixing that and improving turnout, Lexington Herald-Leader, April 8, 2019, and What’s Mitch McConnell So Afraid Of?, CNN, January 31, 2019. Professor Douglas's recent media quotes include: • Breaking Down the News, WKYT (Lexington CBS), April 1, 2019. • Kentucky professor calls for mandatory voting in elections to counter low turnout, WKYT (Lexington CBS), April 1, 2019. • Why This Voting Expert Is Really Optimistic About The Future Of Voting Rights, Huffington Post, March 29, 2019. • Virginia Redistricting Battle Takes Shape at High Court, Courthouse News Service, March 15, 2019. • New House Election Set for North Carolina, Bloomberg Radio, March 7, 2019. • Governor’s Race Could Move to Even-numbered Years, Richmond Register, March 6, 2019. • Minors should be allowed to vote in local elections, Kentucky Kernel, February 11, 2019. • Washington Watch: McConnell’s Confession, Jerusalem Post, February
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Cortney E. Lollar
Kathryn L. Moore
6, 2019. • Do Democratic Voting Reforms Violate the Constitution? One UK Law Expert Says No, WUKY, February 1, 2019. • Company got no-bid contract after contributions to Grimes. What did Kentucky get?, Lexington Herald Leader, February 1, 2019. • Lt. Gov. Hampton tried executive order to rehire fired chief of staff, Louisville Courier Journal, January 31, 2019. • Senator Mitch McConnell speaks out against House campaign finance reform package, Kentucky Forward, January 21, 2019. • Proposed bill would allow Kentucky minors to vote in local elections, Kentucky Kernel, January 16, 2019. • Disputed Kentucky House race centers on 17 absentee ballots, Associated Press, Jan. 11, 2019. • Panels to End Gerrymandeing Could Reach SCOTUS, Bloomberg Law, January 4, 2019. Alvin Goldman's article "Enforcement of International Framework Agreements Under U.S. Law”, 33 Comp. Lab. L. & Pol. J. 605 (2012), has been selected for inclusion in RESEARCH COLLECTION EMPLOYMENT AND PRIVATE INTERNATIONAL LAW (U. Liukkunen, ed. 2019).
Michael Murray
Ramsi Woodcock
Jane Grise has been selected as an Instructional Mediator in connection with a program, Developing Law School Literacies, for students enrolled in the 2019 CLEO Pre-Law Summer Institute. The program is part of an LSAC grant. Cortney E. Lollar In February, the Supreme Court decided a case called Timbs v. Indiana, holding the protections of the excessive fines clause incorporated to the states under the Fourteenth Amendment. Professor Lollar was a signatory on one of the amicus briefs in the case, advocating for this result. Her most recent article, Reviving Criminal Equity, was recently accepted for publication by the Alabama Law Review. Kathryn L. Moore made a presentation at a conference and moderated a panel at the AALS: Lost and Found: Missing Participants and Lost Pensions, Eighth Annual National Benefits & Social Insurance Conference, College of Law and Gies College of Business at the University of Illinois, March 29, 2019. Employee Benefits and Executive Compensation Section of Association of American Law Schools Annual Meeting program on Trust in the Time of Trump: A Comparative Look at Fiduciary Law, January 6, 2019
FACULTY NOTES
In addition, she published three blogs: Argument analysis: Justices grapple with meaning of final decision made after a hearing, SCOTUSblog (Mar. 19, 2019, 10:28 PM), https://www.scotusblog.com/2019/03/argument-analysis-justices-grapple-with-meaning-of-final-decision-made-after-a-hearing/ Argument preview: Justices to decide whether dismissal as untimely of Supplemental Security Income claimant’s request for review is final decision subject to judicial review, SCOTUSblog (Mar. 11, 2019, 10:30 AM), https://www. scotusblog.com/2019/03/argument-preview-justices-to-decide-whether-dismissal-as-untimely-of-supplemental-security-income-claimants-request-for-review-is-final-decision-subject-to-judicial-review/ Opinion analysis: Social Security cap on attorney’s fees applies separately
to successful representation before a court, SCOTUSblog (Jan. 8, 2019, 6:29 PM), http://www.scotusblog. com/2019/01/opinion-analysis-social-security-cap-on-attorneys-fees-applies-separately-to-successful-representation-before-a-court/ Michael Murray recently published the following: "Mise en Scène and the Decisive Moment of Visual Legal Rhetoric," 68 Kan. L. Rev. ___ (forthcoming 2019 or 2020), available at https://ssrn. com/abstract=3325423; The Sharpest Tool in the Toolbox: Visual Legal Rhetoric, 68 J. Legal Educ. ___ (forthcoming, 2019), available at https://ssrn.com/abstract=3040952; and Getting Visual, 82 Ky. Bench & Bar 24 (2018) (short essay) Professor Murray's presented Global Legal Skills XIII Conference at Melbourne Law School in Melbourne, Australia. He also presented The Universal
Legal Language. Ramsi Woodcock presented on personalized pricing as an income tax alternative at two conferences, RadicalxChange in Detroit in March, and the Inaugural Consumer Law Scholars Conference at UC Berkeley School of Law in February. He also spoke on a panel on "Designing a Better Media Ecosystem without Ads" at the SXSW Conference in Austin in March. Professor Woodcock's response piece, "Legal Realism: Unfinished Business," appeared in the Kentucky Law Journal Online in February. His Op-Ed, "Congestion Pricing Is Class Warfare. Here's a Better Idea," appeared in OZY in March, and his post, "The Elephant in the Market Power Debate," appeared in Pro-Market: The Blog of the Stigler Center at the University of Chicago Booth School of Business, in January.
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FACULTY IMPACT.
Dean David A. Brennen Named Prestigious ACE Fellow
BY LINDSEY PIERCY
Brennen has also served in leadership roles with the Society of American Law Teachers and the American Bar Association’s Section of Legal Education.
David A. Brennen, dean of the College of Law, and Sonja Feist-Price, vice president for institutional diversity at the University of Kentucky, have been selected to participate in the American Council on Education's (ACE) Fellows Program, the longest running leadership development program in the United States. Brennen and Feist-Price are two of 39 emerging college and university leaders chosen for the 2019-20 class of ACE Fellows. David A. Brennen joined the UK faculty in 2009. Along with more than 20 years of experience in the classroom, he is regarded as an innovator in the field of nonprofit law as it relates to taxation. Brennen is a co-founder and co-editor of Nonprofit Law Prof Blog, founding editor of Nonprofit and Philanthropy Law Abstracts, co-founder of the Association of American Law Schools Section on Nonprofit and Philanthropy Law and a co-author of one of the first law school casebooks on taxation of nonprofit organizations. In 1988, B rennen received his bachelor’s degree in finance from Florida Atlantic University and received his law degree from the University of Florida College of Law in 1991. In 2002, he was elected to the American Law Institute where he is an adviser on its project titled, “Principles of the Law of Nonprofit Organizations.”
Brennen is looking forward to this new opportunity. "As a scholar of nonprofit organizations, I have a long-standing interest in the inner workings of mission-driven organizations. After years of serving in leadership roles for such entities, including the privilege to serve 10 years as dean at UK College of Law, I look forward to participating in the ACE Fellows Program to learn more about improving institutional effectiveness as a leader in this area," he said. "I am particularly interested in focusing on leadership challenges in higher education so that I can better serve as a student-centered leader who contributes to maximizing opportunities for creativity, innovation and access.” Sonja Feist-Price joined the UK College of Education faculty in 1992. In 2017, she assumed the position of vice president for institutional diversity. Feist-Price advises the president and provost on all academic, fiscal, programmatic and administrative policy decisions regarding the university's diversity and inclusivity goals. She is the senior administrative officer responsible for promoting collaboration among all members of the campus community including students, faculty, staff and administrators in an earnest pursuit of UK's diversity agenda. Feist-Price is a licensed psychologist in the state of Kentucky, nationally certified rehabilitation counselor, licensed professional clinical counselor and a trained mediator, all of which complement her leadership abilities. She has an extensive history with externally funded research and has authored numerous scholarly publications. Feist-Price has been the recipient of numerous awards acknowledging significant contributions to academic research and teaching, including the Rehabilitation Researcher of the Year, Exceptional continued page 17 ACE FELLOW
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UK LAW NOTES ONLINE
Professor Douglas Writes Book about Changing the Future of Voting Joshua A. Douglas, Thomas P. Lewis Professor of Law at UK Law, is an expert on US election law and his book Vote for US: How to Take Back Our Elections and Change the Future of Voting presents an assessment of current efforts to make the U.S. voting system more accessible, reliable and effective. Told through the narratives of those working on positive voting rights reforms, Douglas includes chapters on expanding voter eligibility, easing voter registration rules, making voting more convenient, enhancing accessibility at the polls, providing voters with more choices, finding ways to comply with voter ID rules, giving redistricting back to the voters, pushing back on big money through local and state efforts, using journalism to make the system more accountable, and improving civics education. Additionally, the book includes an appendix that lists organizations all over the country working on these efforts. “Joshua A. Douglas is one of the most important voting-rights experts in the country today. In Vote for US he deftly chronicles how we can make it easier for every American to vote. An inspiring, innovative, and must-read book about how to take back our democracy,” according to Ari Berman, senior reporter at Mother Jones and author of Give Us the Ballot. “Douglas’s ability to tell stories of real Americans working to improve our electoral process paints a hopeful picture of our democracy. This inspiring book will leave readers optimistic about the strength of our country and the values for which it stands,” according to Chris Carso, president, League of Women Voters of the United States. Professor Douglas’s most recent scholarship focuses on the constitutional right to vote, with an emphasis on state constitutions, as well as the various laws, rules and judicial decisions impacting election administration. He has also written extensively on election law procedure. He is a coauthor of an election-law case book and a coeditor of Election Law Stories, which tells the behind-the-scenes stories of the major cases in the field. In addition, his media commentaries have
appeared in the New York Times, USA Today, CNN, Reuters, the Washington Post, Politico, the Atlantic, Huffington Post, and Slate, among other outlets, and he has been quoted in major newspapers such as the New York Times and the Washington Post. He appeared live on CNN on Election Day 2016.
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ALUMNI IMPACT.
UK LAW AND UK LAW ALUMNI ASSOCIATION ANNOUNCE HALL OF FAME INDUCTEES AND ALUMNI AWARDS HONOREES
2019 Hall of Fame and Alumni Awards Honorees The University of Kentucky College of Law and the UK Law Alumni Association will induct three new members into its Hall of Fame and present five Alumni Awards at a celebration in Louisville on June 12 in conjunction with the Kentucky Bar Association Convention. Initiated in 1996, the UK Law Hall of Fame Award is the highest award presented jointly by the College and the UK Law Alumni Association. This distinction is awarded with great care to acknowledge alumni and former faculty who have taught at UK law for at least 20 years, whose extraordinary professional success and contributions, profound positive influence on the College of Law, and high degree of character and integrity are recognized by their peers. Hall of Fame: The Honorable Mary C. Noble ’81 During her nearly 25 years of judicial service to the Kentucky Court of Justice, Hon. Mary C. Noble was a constant force for court improvement. She pursued ways for judges to better serve the changing legal needs of the people appearing in court, and to apply with greater clarity the substantive law that guides resolution of their disputes. Most notably, Justice Noble was instrumental in founding Kentucky Drug Court while serving as a Fayette Circuit Court Judge. In 1995, Justice Noble single-handedly went before the Kentucky General Assembly to request Drug Court funding and convinced the legislature to include $300,000 for the Fayette County Drug Court program. That money ultimately was used by the Administrative Office of the Courts to create a statewide Drug Court department. Barely 10 years later, state and federal funding for Kentucky Drug Court reached nearly $15 million. Hall of Fame: Don Sturgill ’55 (posthumous) Don Sturgill served as a Kentucky's first Commissioner of
Public Safety and as a successful attorney who built a law practice that has lasted 62 years. The firm he founded continues to flourish in many areas of litigation and transactional work. However, the area that put the firm on the map was equine law, thanks to Sturgill's brilliance and passion for horse breeding and racing. Sturgill was a key figure in many prominent and significant racing law cases, thanks in part to his tenure as general counsel for the National and Kentucky chapters of the Horsemen's Benevolent & Protection Associative (HBPA), beginning in 1989. His practice then shifted to racing law more than breeding law, although several of his law partners at Sturgill, Turner, Barker & Moloney, including his wife Ann Sturgill, continued to actively practice breeding law. He was a founder of, and regular presenter for, one of UK's most popular CLE programs - the National Equine Law Conference and its predecessor, the Keeneland Practical Equine Business & Law Conference. Hall of Fame: Robert Yahng ‘67 Since 1997, Robert T. Yahng has been a social science teacher at the Salesian College Preparatory High School in Richmond, Ca. For more than 18 years, Robert has taught Honors/AP Economics, and Honors/AP U.S. Government to high school seniors. He taught microeconomics during the 2019 spring semester at Berea College where he currently serves as the Chairman of the Board of Trustees. Yahng has co-authored five high school texts concerning U.S. History, and U.S. Government for the State of Florida. He was the Chairman of American Bridge (AB) from 1998-2013. Prior to his involvement with AB, Yahng was a partner in the Law Firm of Baker & McKenzie, retiring in 1998. He joined the firm’s San Francisco office as an associate in 1976, founded the Taipei office of the firm, and assisted in the start-up continued page 17 ALUMNI AWARDS
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UK LAW NOTES ONLINE
ALUMNI AWARDS continued
ACE FELLOW continued
of the Firm’s office in Shanghai. In the 1980s and 1990s, he served several terms as the Managing Partner of the San Francisco/Palo Alto offices of Baker & McKenzie. He also served several terms on the firm’s Policy Committee. In his law practice he personally represented multi-national firms, such as Applied Materials, Wm Wrigley, Jr. Company, AT&T, Hoechst AG, Grundig AG, Bank of America, and China National Non-ferrous Metals Corporation. During his legal career, Yahng wrote articles for various publications, and newspapers and has conducted seminars and given speeches for the AMA, AEA, Asia Society and other business organizations on legal aspects of doing business internationally. In addition to the Hall of Fame Awards, the College of Law and UK Law Alumni Association has established five awards to honor graduates who have distinguished themselves by their contributions to the practice of law and service to their communities. The following alumni will be honored at the upcoming Hall of Fame and Alumni Awards Reception: Community Service William “Bill” Baird, III ‘69 Young Professional Dana Daughetee Fohl ‘10 Professional Achievement Patrick Madden ‘89 Distinguished Jurist The Honorable Pamela R. Goodwine ‘94 Legacy Award Whayne C. Priest, Jr. ‘62 The Hall of Fame and Alumni Awards will be presented at the Galt House in Louisville on June 12. Register online at www.ukalumni. net/kba19.
ucation leadership pipeline,” Ted Mitchell, ACE president, said. “Each year, I am impressed by how many former fellows are named to prominent leadership roles, which makes it even more exciting to meet each new cohort. I’m left wondering, ‘Where will these fellows end up?’” The program combines retreats, interactive learning opportunities, visits to campuses and other higher education-related organizations, and placement at another higher education institution to condense years of on-the-job experience and skills development into a single year. Researcher of the Year and Teacher Who Made a Difference. Established in 1965, the ACE Fellows Program is designed to strengthen institutions and leadership in American higher education by identifying and preparing faculty and staff for senior positions in college and university administration through its distinctive and intensive nominator-driven, cohort-based mentorship model. More than 2,000 higher education leaders have participated in the ACE Fellows Program over the past five decades, with more than 80 percent of fellows having gone on to serve as senior leaders of colleges and universities.
During the placement, fellows observe and work with the president and other senior officers at their host institution, attend decision-making meetings, and focus on issues of interest. Fellows also conduct projects of pressing concern for their home institution and seek to implement their findings upon completion of the fellowship placement. At the conclusion of the fellowship year, fellows return to their home institution with new knowledge and skills that contribute to capacity-building efforts, along with a network of peers across the country and abroad.
“The ACE Fellows Program epitomizes ACE’s goal of enriching the capacity of leaders to innovate and adapt, and it fuels the expansion of a talented and diverse higher edSPRING 2019
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CLASS NOTES SUBMISSION
Jennifer Jabroski Jandes
Alex Scutchfield
R. Colten Jones
Hon. John L. Tackett
Abhay D. Lele
Frederick W. Moore, III
Hon. Lindsey Hughes Thurston
Frederick W. Moore III (2012) has joined Grossman Green PLLC in Louisville as an asociate.
2000s Jennifer Jabroski Jandes (2009) of Reminger Co., LPA has been named a 2019 Ohio/Kentucky Super Lawyers and Rising Star. Lindsey Hughes Thurston (2003) was elected judge of the Kentucky District Court 22 Division 3. John L. Tackett (2003) was elected judge of the Kentucky District court 22 Division 5.
Please specify the UK Law graduates when sending a list of multiple personnel from a firm. Deadline to submit Class Notes information for Law Notes Magazine is June 30, 2019.
CLASS NOTES 2010s R. Colten Jones (2016) has joined Bone McAllester Norton PLLC in the firm's Sumner County, Tennessee office. He counsels clients in numerous aspects of civil matters, including general civil litigation estate planning and intellectual property issues.
UK Law encourages alumni to submit recent professional successes along with a headshot to law@uky.edu. Include first name, middle initial, last name and married name (if applicable).
Abhay D. Lele (2001) was promoted to partner with Latham & Watkins LLP in Los Angeles. He is a member of the Banking Practice in the Finance Department. His practice focuses primarily on teh representation of financial institutions, borrowers adn issuer in leveraged finance transactions, with an emphasis on acquisition financings.
1990s Alex Scutchfield (1997) of Reminger Co., LPA has been named a 2019 Ohio/Kentucky Super Lawyers and Rising Star.
Please note, submission of information does not guarantee that it will be published. UK Law reserves the right to detemine content of Law Notes.
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Save the dates UK Law Class Reunion and Homecoming Weekend
October 11 & 12, 2019 Celebrating class years
2019 • 2014 • 2009 • 2004 1999 • 1994 • 1989 • 1984 1979 • 1974 • 1969 & beyond