Faculty Forum July and August 2022

JULY 2022

Kenitra Brown, of theDeason Center, was a panelist at the 16th AnnualLutie A. Lytle Black Women Law Faculty Writing Workshop on June 24^th. Her panel addressed the topic of “Navigating the Politics and Challenging Moments Within Our Institutions.”

Martin Camp had an article published in the June 2022 edition of Dallas Bar Association Headnotes titled The Limited Role of the Trustee Under a Texas Deed of Trust. He also gave a presentation at the Dallas Bar Association Legal Ethics Committee Ethics Fest on May 12^th on the topic “The Engagement Letter: Your roadmap to Avoiding Ethical Problems as a Transactional Lawyer” and he made a presentation on the topic “Why Study an LLM in the United States” for a Webinar hosted by the National Jurist Magazine, also on the 12^th of May.

Dale Carpenter filed an amicus brief in U.S. Supreme Court on May 31^st. On June 1^st he posted a blog regarding the First Amendment issues titled Government Can't Compel the Creation of Wedding Websites and on June 24^th, he posted a blog regarding the Dobbs decision implications titled Why Other Fundamental Rights Are Safe (At Least for Now). He was also quoted or interviewed in the following:

1. On CBS National News Live regarding the January 6^th hearing, June 16^th;

2. A “Capital Tonight” program on Spectrum News regarding upcoming major supreme court decisions, June 17^th;

3. A Texas law banning most abortions to take effect by mid-August, Jack Fink, June 24^th, CBS DFW;

4. A “Capital Tonight” program on Spectrum News regarding Dobbs abortion decision, June 24^th;

5. Texas had banned abortion before Roe v. Wade. Do those laws come back into effect now?, Dylan McGuinness, June 24^th, Houston Chronicle;

6. In abortion opinion, Thomas urges Supreme Court to ‘reconsider’ gay rights rulings, LaurenMcGaughy, June 24^th, Dallas Morning News;

7. The History of LGBTQ Rights in America, June 24^th, “We The People” Podcast at the National Constitution Center;

8. NBC Nightly News regarding the effects of the Dobbs decision on other constitutional rights, June 25^th;

9. An interview by Spectrum News regarding the implications of the Dobbs decision, June 27^th;

10. An interview on KRLD regarding the decision by a Harris County judge on abortion, June 28^th;

11. An interview by Spectrum News regarding the implications of the Dobbs decision, June 28^th.

Anthony Colangelo’s article Extraterritoriality and Conflicts of Law (forthcoming lead article in the Pennsylvania Journal of International Law) has been featured on a couple of blogs: the Legal Theory Blog and the Transnational Litigation Blog, where he was invited to write a 1,000 word essay summarizing the piece.

Andrew Davies, of theDeason Center, delivered a presentation titled “What Works in Indigent Defense?” at George Mason University (GMU) on June 27^th. The presentation was delivered during the GMU Center for Evidence-Based Crime Policy Annual Symposium.

Tom Kimbrough’s article Law Firm Dynamics: Don’t Hate the Player, Hate the Game has been published in the most recent issue of the SMU Law Review Forum. It was also featured on the Tax Prof Blog.

Tom Mayo is currently serving as Dean ad interim of the law school until the arrival of our new dean, Jason Nance, in August. Tom was also quoted on NPR and Kaiser Health News on May 10^th and May 11^th, respectively, in an article titled “In Texas, abortion laws inhibit care for miscarriages”.

Pamela Metzger was a speaker at the State Bar Association of North Dakota Annual Meeting on June 16^th. Her presentation was titled “Legal Deserts, Legal Ethics, and the Constitution in Criminal Courts.”

Seema Mohapatra was quoted or interviewed for the following stories:

1. Biden Pledges to Try to Enshrine Roe Into Law If Court Strikes Down Landmark Ruling, Jenny Leonard, Steven T. Dennis, Jennifer Jacobs, & JoshWingrove, May 3^rd, Bloomberg Law.

2. Biden Urges Enshrining Roe Into Law But Lacks Votes to Do It, Jenny Leonard & Steven T. Dennis, May 3^rd, Bloomberg Law;

3. After leaked draft of Supreme Court opinion, abortion-rights supporters brace for total ban in Texas, Julian Aguilar, May 3^rd, Houston Public Media;

4. An interview by Spectrum News regarding the significance of Roe V. Wade draft opinion, May 3^rd;

5. Alito Draft Would Allow for Sweeping State Action on Abortion, Madison Alder & Lydia Wheeler, May 4^th, Bloomberg Law;

6. Oklahoma’s governor has signed a Texas-style abortion ban. Here’s how it could affect Texas, SaschaCordner & May 4^th, Texas Standard;

7. Cómoentender la 'leygatillo' de Texas queprohibiría elabortosi seanula elcaso Roe v. Wade, Julian Aguilar, May 5^th, KUT 90.5;

8. The Supreme Court Overturned Roe v. Wade. What Happens Now?, May 5^th, TheSkimm;

9. The Ramifications of Roe v. Wade’s Fall Won’t Stop at Abortion Bans, Grace Browne, May 9^th, WIRED;

10. How abortion "trigger laws" could inadvertently impede fertility treatments, NicoleKarlis, May 10^th, Salon;

11. Overturning Roe could have major repercussions for IVF treatments, fertility experts warn, Jessica Schneider & Tierney Sneed, May 11^th, CNN Politics;

12. Many states' abortion bans have life-saving "exceptions." Experts doubt they will work as intended, NicoleKarlis, May 12^th, Salon;

13. Draft Decision on Abortion Could Threaten Birth Control, Too, May 12^th,LXNews;

14. Private reproduction decisions like IVF and contraception could be at risk if the Supreme Court overturns Roe v. Wade, experts say, Rebecca Cohen, May 12^th, INSIDER;

15. Some birth control options could be banned if they are seen as abortion methods rather than pregnancy prevention, experts say, Rebecca Cohen, May 12^th, INSIDER;

16. The Post-Roe Battleground for Abortion Pills Will Be Your Mailbox,Maryn McKenna, May 16^th, WIRED;

17. How abortion bans might affect IVF, Myah Ward, May 23^rd, POLITICO Nightly;

18. If Roe falls, some fear repercussions for reproductive care, Lindsay Whitehurst & Lindsey Tanner, May 23^rd, The Telegraph;

19. It may soon be harder to access medications used in miscarriages and ectopic pregnancies because they're also used to treat abortions, Rebecca Cohen, June 24^th,Yahoo!News;

20. The Future of Abortion Access, June 24^th, TheSkimm;

21. A TV interview on Spectrum News on the Dobbs Decision, June 24^th

22. Texas fertility clinics assess impact of SCOTUS' Roe v. Wade decision, David Schechter, June 24^th, WFAA;

23. Supreme Court decision overturns Roe v. Wade, effectively banning abortions in Texas, Elena Rivera & Elizabeth Myong, June 24^th, KERA News;

24. Texas ‘trigger law’ to ban abortion will soon go into effect. Here are the details, Julian Aguilar, June 24^th, KERA News;

25. Can I still legally get an abortion in Texas? What to know about access after Supreme Court ruling, Julian Gill, June 24^th, Houston Chronicle;

26. Overturning Roe V. Wade: Here’s How It’ll Impact Reproductive Healthcare — Beyond Abortion, Robert Hart & AlisonDurkee, June 24^th, Forbes;

27. A live stream TV appearance for LX News, June 24^th;

28. Overturning Roe V. Wade: Here’s How It Could Impact Fertility Treatments And IVF, Robert Hart & AlisonDurkee, June 24^th, Forbes;

29. Retracing the Steps of My Abortion, DinaGachman, June 24^th,TeenVogue;

30. AOC: U.S. Supreme Court abortion ruling a 'hostile takeover', June 25^th,CTVNews;

31. A TV appearance on UK’s Channel 4 News on June 26^th.

Natalie Nanasi authored an op-ed, 'Boyfriend Loophole’ Stalls Bipartisan Senate Gun Deal. It’s Time to Close It., published in the Orange County Register. She was quoted in a Texas Tribune article, Some Domestic Violence Victims See Abortion as Vital Option That Would be Lost Post-Roe. Natalie also presented at a webinar organized by the Texas Council on Family Violence: Firearm Transfer Protocols and Coordinated Community Response Teams.

Carla Reyes led a session of the UNIDROIT Special Workshop on Enforcement Issues in Digital Assets on June 10^th, 2022, in which she also presented on advances in preserving and recovering digital assets. The Workshop was jointly held by the UNIDROIT Work Group on Digital Assets and the UNIDROIT Work Group on Best Practices for Effective Enforcement, and was attended by members of the UNIDROIT Governing Council. Carla presided over a meeting of the Texas Work Group on Blockchain Matters on June 17^th, 2022. On June 28^th, Carla presented the research from “Emerging Technology’s Languages Wars” series of papers at the University of Roma Tre. Carla spent the month of June at UNIDROIT headquarters in Rome, Italy on a research scholarship conducting research for her work-in-progress Emerging Technology’s Language Wars: Unique Issues Impacting Legal Harmonization Efforts and for her book chapter CreatingCryptolaw for International Commercial Law, forthcoming in the Cambridge Research Handbook on Emerging Issues at the Intersection of Commercial Law and Technology (Nancy Kim and Stacy Ann-Elvy, editors).

Eric Ruben co-wrote a report, Three Supreme Court Cases to Watch Beyond Abortion Rights, for the Brennan Center along with Alicia Bannon and Harry Isaiah Black. His article, Public Carry and Criminal Law afterBruen was published in the Harvard Law Review Forum. Eric was cited in the majority opinion and quoted in the dissenting opinion in New York State Rifle & Pistol Association v.Bruen. The citation, to Firearm Regionalism and Public Carry: Placing Southern Antebellum Case Law in Context, 125 Yale L.J. F. 121 (2015) (with Saul Cornell), appears on page 50 of the majority opinion and 45-46 of the dissenting opinion. His brief to the Supreme Court in the case was cited on page 22 of the dissenting opinion. Eric’s article, Public Carry and Criminal Law after Bruen was published in the Harvard Law Review Forum. He was also interviewed for the following:

Television

NBC News Now with Joshua Johnson – Friday, June 3^rd

CNN –was interviewed during the 11 am coverage ofBruen on Thursday, June 23, shortly after the opinion came out.

ABC News Prime –was interviewed for the Thursday, June 23 nightly coverage

Good Morning America –was interviewed for the Friday, June 24 coverage

WPIX 11 New York –was interviewed at 7:35 am on Friday, June 24

Radio

Bloomberg Radio (June 23^rd)

NPR All Things Considered (June 23^rd)

CBS Radio (June 23^rd)

NPR Morning Edition (June 24^th)

NPR Tulsa (June 28^th)

NPR Wisconsin (June 29^th)

Print

1. What does the Second Amendment mean in 2022?, EllenIoanes, June 5^th, Vox;

2. Gun Companies Are More Vulnerable to Lawsuits Than You Think, Alex Thomas, June 7^th, The News Republic;

3. Supreme Court Could Make it Harder For States and Localities to Keep Guns Off Streets,Kery Murakami, June 8^th, Route Fifty;

4. Fact-check: How many mass shootings have occurred since Uvalde tragedy?,NusaibaMizan, June 10^th, Austin American-Statesman;

5. What’s in the bipartisan plan for gun control, EllenIoanes, June 12^th, Vox.

6. An Executive Order That Might Actually Stop Gun Violence, Timothy L. O’Brien, June 16^th, Bloomberg News & Washington Post;

7. Adams' team braces for landmark Supreme Court ruling on guns, BrianPascus, June 16^th, Crain’s New York;

8. Should guns be banned in bars, hospitals? Supreme Court could spur new 2nd Amendment fight, JohnFritze, June 20^th, USA Today.

9. Blue states’ gun control efforts hinge on the Supreme Court, NicoleNarea, June 23^rd, Vox;

10. Supreme Court bolsters right to carry handgun in public, MichaelMacagnone, June 23^rd, Roll Call;

11. States Rush to Revamp Laws After Supreme Court’s Gun Ruling, Eric Lipton et al., June 24^th, New York Times;

12. What Supreme Court ruling means for New Yorkers and handgun owners, Mark Weiner, June 24^th, Syracuse;

13. The Supreme Court just made it a whole lot easier to conceal-carry a gun., Kaila Philo, June 24^th, Grid;

14. What You Need to Know About the Senate Gun Reform Bill, Chip Brownlee & TomKutsch, June 24^th, The Trace;

15. Bombshell Supreme Court Gun Ruling Opens Up New State Battles, RoquePlanas, June 27^th, Huff Post;

16. How the new federal gun law will - and won't - affect Texas,NaheedRajwani-Dharsi, June 30^th,Axios Dallas.

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AUGUST 2022

Marc Steinberg served on a plenary panel focusing on the impact of the JOBS Act of 2010 at the National Business Law Scholars Conference at the University of Oklahoma College of Law on June 17^th, 2022. He also presented a workshop session for the Ontario Securities Commission, Securities Law Academy (via Zoom). Marc joined a letter to the SEC along with other academicians focusing on the enhancement and standardization of climate-related disclosures for investors.

Jenia Turner’s recent article Transparency in Plea Bargaining, 96 NOTRE DAME L. REV. 973 (2021), was cited by the Supreme Court in United States v. Taylor, No. 20-1459 (U.S. June 21^st, 2022). In April and May, Jenia made two presentations related to her work on virtual criminal proceedings: 1) “Virtual Criminal Proceedings: Constitutional Issues” at the Virtual Comparative Criminal Law Seminar on April 22^nd, 2022, and 2) “Virtual Guilty Pleas” at a comparative criminal procedure conference, “The McDonaldization of justice and the disappearance of fair trial?,” at the University of Warwick Law School, UK, May 21^st, 2022. Earlier in June, Jenia submitted to the German Society of Comparative Law a report on U.S. law related to the digital recording of criminal proceedings.

Kenitra Brown, of the Deason Center, facilitated the CJR Workshop Series titled, “Unexceptional Protest” with Professor Amber A. Baylor of Columbia Law School on July 14^th. Professor Baylor’s paper will appear in the forthcoming Volume 70, No. 3, of the UCLA Law Review. On July 21^st, Kenitra moderated the STAR Justice event titled, “Post-Pandemic Realities in Small, Tribal, and Rural Jails.” The panelists discussed carceral conditions and consequences for people in local jails. They also explored strategies for implementing and retaining reforms that would alleviate concerns for public health and safety in a post-pandemic future.

Dale Carpenter was quoted in Lauren McGaughy, “After Roe, architect of Texas abortion law sets sights on gay marriage and more,” Dallas Morning News about the author of Texas SB8 on July 3^rd. On July 29, his blog post on the proposed Respect for Marriage Act appeared in The Volokh Conspiracy in reason.

Anthony Colangelo was quoted in a Spectrum News 1 article on floating abortion clinics on July 26, 2022.

Nathan Cortez’s co-authored 5^th edition Food and Drug Law casebook is complete and will soon be published by Foundation Press.

Andrew Davies, of the Deason Center, published a volume with co-editor Janet Moore titled, “Justice for All: A Collection of New Empirical Research on Indigent Defense” in the Justice System Journal. The volume is a collection of seven articles with new empirical studies on indigent defense topics.

Christopher Hanna’s just completed book, Corporate Income Tax Accounting, will be published by West Academic Publishing as part of their Hornbook Series.

Tom Mayo was quoted in a Dallas Morning News article on the vagaries of SB 4, which criminalizes the act of providing an abortion-inducing drug on July 18^th.

Natalie Nanasi was featured on PBS News Weekend on July 2^nd, in a segment entitled, “How the Roe Reversal Could Impact Domestic Violence Survivors.” She was also interviewed for the CBS11 News story, “Biden Administration to End ‘Remain in Mexico’ Policy” on June 30^th.

Anna Offit was interviewed by WFAA/ABC 8 for a video that accompanied an article on the Aaron Dean case. In June and July, Anna presented research at a Criminal Justice Ethics Roundtable in New York hosted by Bruce Green, Rebecca Roiphe, Peter Joy, Jessica Roth and Ellen Yaroshefsky. She chaired a New Legal Realism development panel on interdisciplinary research (virtually) at the Law & Society Association annual meeting. She also attended CrimFest at Cardozo School of Law where she presented a paper titled “Remote Possibilities: Using Pandemic Era Technology to Build more Inclusive Juries.” Her Washington Law Review article, “Benevolent Exclusion” was reviewed by Professor Doron Dorfman for Jotwell and her book The Imagined Juror will be published on August 2^nd.

Julie Rogers was the primary speaker on a panel on the Mortgage Modifications Act at the Uniform Law Commission Annual Meeting in July. She is serving as reporter for the Mortgage Modifications project.

Eric Ruben presented a work-in-progress, tentatively titled, “Felons, Firearms, and Restoration,” at Duke Law School as part of a Firearms Law Workshop on June 23. On July 6, he was quoted in Marco Poggio, “How Bruen Ruling Will Change Gun Restrictions Scrutiny,” Law 360. On July 12, he participated in a RAND-sponsored roundtable discussion titled, “State Firearm Laws After Bruen.” Also on July 12, he was quoted in Nusaiba Mizan, “Fact-check: Can Texans ‘Too Dangerous to Carry a Loaded Gun in Public’ Now Carry?”, Austin American Statesman. On July 13, he was a panelist for an event held by the John Hopkins Center for Gun Violence Solutions, titled “Public Carrying of Firearms: Understanding the Impact of the Supreme Court’s Decision.” On July 19, he was quoted several times in Chip Brownlee, The Real Significance of the Supreme Court’s Gun Decision, The Trace. On July 27 Eric was interviewed for an episode of Law Disrupted, a podcast hosted by John B. Quinn (founder of the law firm Quinn Emanuel Urquart & Sullivan LLP). The episode is “What Can We Do About Gun Control?” On July 31, he was quoted in Brandon Tensley & Eva McKend, The Fight to Curb Gun Violence Without Inflaming Racial Biases, CNN. Eric has also been invited to participate in a symposium being held at NYU School of Law in September regarding the Bruen case.

Marc Steinberg’s recent Oxford University Press book Rethinking Securities Law (awarded winner best law book of 2021 by American Book Fest) was reviewed by U.S. District Court Judge Jed S. Rakoff in the New York Review of Books on June 23rd. Marc was quoted in two articles focusing on Twitter’s lawsuit against Elon Musk: Alexis Keenan, Twitter v. Musk: Tesla CEO to Fight Case in Court that Does Not Defer to Billionaires, Yahoo/Finance on July 11th; and Tom Zanki, Musk-Twitter Saga in Uncharted Waters, with Ending Unclear, Law360 also on July 11^th.

Josh Tate’s book, Power and Justice in Medieval England: The Law of Patronage and the Royal Courts, was published by Yale University Press. A new edition of his student text, A Texas Companion for the Course in Wills, Trusts, and Estates, was published by Aspen. Earlier this year, he was quoted in an article in Bloomberg Law on President Biden’s possible nominations to the U.S. Supreme Court.

Leo Yu and Pamela Metzger published a Podcast episode on Plead the Fifth: “Oops.”, said Justice Willet.” In this episode, they discussed the Fifth Circuit’s recent ruling in Sheperd v. United States and analyzed the Court’s jurisprudence in the Sixth Amendment with regard to conflict of interests of counsels. Leo’s paper proposal “From Criminalizing China to Criminalizing the Chinese” has been selected by the 4^th Annual Equality Law Scholar’s Forum, and he is one of the six junior scholars who are invited to present full papers at the Loyola Law School of Los Angeles.