Bowen faculty scholarship and service
Bowen faculty scholarship and service
Dear Subscribers:
After a short respite, Faculty Footnotes will be available again to subscribers on a regular basis. This installment includes highlights of faculty activity between May 2015 and July 2016. We hope you will continue to benefit from the numerous publications, service activities, educational presentations, and media appearances that the Bowen faculty contribute on a regular basis and which continue to receive local, national, and international acclaim.  
  • ARKANSAS LEGAL RESEARCH (2d ed., Carolina Academic Press 2015);
  • Things You Need to Know, in HANDLING APPEALS IN ARKANSAS (Arkansas Bar Association 2015) (with Julie DeWoody Greathouse & Tasha Taylor).
  • CIVIL PROCEDURE: A CONTEXT AND PRACTICE CASEBOOK (Carolina Academic Press, 2015) (co-authored with Gerald F. Hess and Scott R. Bauries).
  • Centering the Teenage 'Siren': Adolescent Workers, Sexual Harassment, and the Legal Construction of Race and Gender, 22 Mich. J. Gender & L. 1 (2015).
  • Bias in Disguise: The Constitutional Problems of Arkansas's Intrastate Commerce Improvement Act, 37 U. Ark. Little Rock L. Rev. 469 (2015);
  • Gods and Guns: The Free Exercise of Religion Problems of Regulating Guns in Churches and Other Houses of Worship, 98 Marq. L. Rev. 1103 (2015).
  • PRIVACY RIGHTS IN THE DIGITAL AGE (Grey House Publishing 2016);
  • LEGAL DRAFTING: A COMPREHENSIVE APPROACH (Wolters Kluwer Law & Business 2016) (with Richard K. Neuman);
  • LEGAL WRITING (3d ed. Wolters Kluwer 2015) (with Richard K. Neumann, Jr. and Sheila Simon);
  • Chapter 12, Scope and Standards of Review, in EIGHTH CIRCUIT APPELLATE PRACTICE MANUAL (7th ed. Minnesota Continuing Legal education 2015).
  • Federal and State Securities Law Issues in LLC Formations - An Introduction for the Non-Specialist, in JOHN M. CUNNINGHAM & VERNON R. PROCTOR, DRAFTING LIMITED LIABILITY COMPANY OPERATING AGREEMENTS (3d ed. Wolters Kluwer Law & Business 2015);
  • Private Civil Liability Under the Arkansas Securities Act, 38 U. Ark. Little Rock L. Rev. 125 (2016).
  • Professor Fendler's article, Blue Sky Developments in Arkansas, appears in the April 2016 edition of The Blue Sky Bugle, published by the American Bar Association Committee on State Regulation of Securities.
  • DECEDENTS' ESTATES: CASES AND MATERIALS (3d ed. Carolina Academic Press 2016) (with Raymond C. O'Brien);
  • DECEDENTS' ESTATES: CASES AND MATERIALS TEACHER'S MANUAL (3d ed. Carolina Academic Press 2016) (with Raymond C. O'Brien); 
  • THE SEXUAL EXPLOITATION OF CHILDREN (Carolina Academic Press 2016) (with Raymond C. O'Brien);
  • THE SEXUAL EXPLOITATION OF CHILDREN TEACHER'S MANUAL (Carolina Academic Press 2016) (with Raymond C. O'Brien);
  • LIVING TRUSTS: FORMS AND PRACTICE (LexisNexis, 2015) (annual revision).
  • ARKANSAS PROBATE AND ESTATE ADMINISTRATION (West 2014-2016 Annual Updates) (with G.S. Brant Perkins and S. Renee Brida);
  • Benjamin Johnson, in FRANCES ROSS, ED., FEDERAL DISTRICT COURTS AND JUDGES OF ARKANSAS, 1836-1960 (U. Ark. Press 2016);
  • Professor Foster also published regular and special legislative issues of the Arkansas Real Estate Review, a member benefit to members of the Arkansas Bar Association Real Estate Section, and the Arkansas Probate and Trust Law Review, a similar benefit to the Probate Section.
  • Book Review, 28 Leiden J. Int'l L. 1019 (2015) [reviewing MICHAIL VAGIAS, THE TERRITORIAL JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT (Cambridge Univ. Press 2014)].
  • Personal Writing Conferences to Encourage a Growth Mindset, The Law Teacher 10 (Spring 2016);
  • Making the Peg Fit the Hole: A Superior Solution to the Inherent Problems of Incorporated Definitions, 37 U. Ark. Little Rock L. Rev. 363 (2015).
  • The Promises and Pitfalls of State Eyewitness Identification Reforms, 104 Ky. L.J. 99 (2015).
  • Family Centered Decision Making and Alternative Dispute Resolution, in CHILD WELFARE LAW AND PRACTICE (Bradford Publishing 2016);
  • Book Review, 54 Fam. Ct. Rev. 530 (July 2016) [reviewing BERNIE MAYER, THE CONFLICT PARADOX: SEVEN DILEMMAS AT THE CORE OF DISPUTES (2015)].
  • CONTRACTS: A CONTEXT AND PRACTICE CASEBOOK (2d ed. Carolina Academic Press 2015);
  • Learning Theory and Teaching Theory, in BUILDING ON BEST PRACTICES (lexisnexis Publishing 2015).
  • Dean Schwartz is a Contributing Blogger, Deans’ Blog (Fall 2015 to present).
  • Using the West Key Number System as a Data Collection and Coding Device for Empirical Legal Scholarship: Demonstrating the Method Via a Study of Contract Interpretation, 34 J. Law & Com. 203 (2016).
  • Brady Misconduct Remedies: Prior Jeopardy and Ethical Discipline of Prosecutors, 68 Ark. L. Rev. 1011 (2016).
  • Turner v. Rogers: The Movement for a Right to Counsel in Civil Cases, in THE POVERTY LAW CANON (Ezra Rosser & Marie Failinger eds., University of Michigan Press 2016).
  • Equity Investor Tax Credits: Legislative Update, 76 State Tax Notes 1027 (June 29, 2015) (with Joseph R. Bell and Michael M. Watts from the UALR School of Management);
  • Equity Investor Tax Credits: Legislative Update, 147 Tax Notes 1435 (June 22, 2015) (with colleagues Joseph R. Bell and Michael M. Watts from the UALR School of Management); 
  • Seeding Venture Capital: Insights into State-by-State Equity Tax Credit Legislation,19 J. of Private Equity 34 (Spring 2016) (with Joseph R. Bell).
PROFESSOR J. LYN ENTRIKIN has been appointed to serve as a member of the ABA Section of Legal Education and Admissions to the Bar Publications Committee. This appointment is for a two year term and can be renewed in 2017. It became effective on August 4, 2015.
On May 29, 2015, PROFESSOR FRANCES FENDLER was appointed to the Arkansas Bar Association's Editorial Board for Handbooks for the 2015-2016 bar year. Professor Fendler also was appointed Chair of the Arkansas Bar Association Securities Law Section for the 2015-2016 bar year. 
On June 30, 2016, PROFESSOR MICHAEL FLANNERY was appointed by Arkansas Bar Association President Denise Reid Hoggard as a Legislation Expert Liaison to the Arkansas Bar Association's Legislation Committee.
In June 2015, PROFESSOR LYNN FOSTER was reappointed to the Uniform Laws and Legal Forms committees.
On April 14, 2015, PROFESSOR KENNETH S. GALLANT was elected to the American Law Institute--the group which writes the Restatements of the Law and which is now revising its Model Penal Code. Professor Gallant is active on the Membership Consultative Groups for the new versions of the Restatement of Conflict of Laws, the Restatement of the Foreign Relations Law of the United States, and the Model Penal Code provisions on Sexual Assault.
From March 29 through April 1, 2015, EMERITUS PROFESSOR KEN GOULD served as a member of an American Bar Association - Association of American Law Schools accreditation site visit team at the University of New Hampshire School of Law in Concord New Hampshire. 
On Tuesday, April 28, 2015, Professor Gould was named a Paul Harris Fellow by Little Rock Rotary Club 99, the oldest and largest civic organization in the State of Arkansas. As stated in a letter from Fourth District Congressman French Hill supporting Professor Gould’s recognition, the Paul Harris Fellow designation was for Professor Gould’s commitment to public and community service.
Professor Gould has also been elected to Emeritus status in the Judge Henry Woods Inns of Court organization.  He continues to serve on the Inn’s Executive Committee.
BAUM DISTINGUISHED PROFESSOR SARAH H. JENKINS has been elected to the International Academy of Comparative Law (IACL) as an Associate Member. 
On July 10, 2015, PROFESSOR RANKO SHIRAKI OLIVER was reappointed by Consul David Preciado of the Consulate of Mexico to serve in the four-member 2015-2016 IME Grants Selection Committee, which reviews applications for grants provided annually by the government of Mexico through the program IME BECAS. These grants have the goal of broadening and facilitating academic and professional development of Mexican citizens and citizens of Mexican origin residing in foreign countries. The IME BECAS Committee reviewed seven, comprehensive applications submitted to the Consulate of Mexico in early August 2015 by institutions of higher education and non-profit organizations that provide vocational training.
DEAN MICHAEL HUNTER SCHWARTZ was appointed to serve as a member of the ABA Section of Legal Education and Admissions to the Bar Conferences and Programming Committee. The appointment is for a two-year term and can be renewed in 2017. It became effective on August 4, 2015.
Dean Schwartz also served as a Member on the Executive Board, Section for Deans, American Association of Law Schools, January 2016 to present.
PROFESSOR JEFF WOODMANSEE was offered appointment for a three-year term to the AALL Digital Access to Legal Information Committee, which “serves to advance the law library profession’s principles concerning public information website and to promote uniformity in citation reform,” April 2, 2015.
Professor Woodmansee also was awarded the 2015 AALL Annual Meeting Chapter Registration Award for the SWALL regional chapter of law libraries, April 7, 2015.
In April 2015, PROFESSOR LYNN FOSTER addressed the Fayetteville League of Women Voters on the topic of Arkansas landlord-tenant law. In June 2015, Professor Foster spoke on the newly enacted Uniform Partition of Heirs Property Act at the Bar Association's annual meeting in Hot Springs. She also prepared the materials for a Best of CLE presentation on probate and trust ethics. 
Professor Foster attended the 2015 and 2016 annual National Conference of Uniform Law Commissioners, in Williamsburg, Va. and Stowe, Vt. She currently serves on the national Enactment Committee for the Revised Uniform Residential Landlord and Tenant Act.  In January 2016 she spoke on uniform laws of interest to attendees at the Arkansas Bar Association Midyear Meeting and gave the presentation again at Best of CLE in June. She also spoke on recent cases and statutes of interest at the Arkansas ACTEC Fellows meeting in Little Rock in January. 
Professor Foster served on the board of directors of the University District Development Corporation. Additionally, during 2015 and 2016, she was appointed to the Arkansas Bar Association Continuing Legal Education Committee, Uniform Laws Committee, Legal Forms Committee and has also agreed to serve as a Legislation Expert during 2016 and 2017.
On June 30 and July 1, 2016, PROFESSOR KENNETH S. GALLANT presided at meetings of lawyers at the International Criminal Court in the Hague, Netherlands. The first meeting adopted a Constitution for the new International Criminal Court Bar Association, and the second was the initial General Assembly of the ICCBA. For each meeting, electronic voting was permitted, allowing lawyers on the List of Counsel for the International Criminal Court and on the List of Assistants to Counsel to vote from anywhere in the world. Professor Gallant had previously been a member of the Drafting Committee to prepare the Constitution and was a member of the Interim Board of the ICCBA—a position that concluded with the election of officers at the first General Assembly. This work grew out of a presentation that Professor Gallant and other lawyers from a number of countries made on Organizing a Bar or Bar Association for the International Criminal Court, at the Experts’ Conference on Organization of Counsel, sponsored by the Registry of the International Criminal Court, the Hague, Netherlands, March 24-25, 2015.
On November 21 and 22, 2015, EMERITUS PROFESSOR KEN GOULD taught a 12-hour short term course to  Polish lawyers, judges, and advanced law students at the University of Silesia School of Law in Katowice, Poland.  The course was part of the University of Silesia School of Law’s Program of United States Law.  The program involves Professors from Bowen and two other American law schools.
On April 6, 2015, PROFESSOR J. THOMAS SULLIVAN appeared before the United States District Court Eastern District of Arkansas, U.S. Magistrate Judge Beth Deere presiding, and presented expert testimony on the standard of practice applicable to defense counsel's obligation to file a motion to suppress illegally seized evidence in Hogan v. Kelley. Professor Sullivan was called by court-appointed defense counsel to testify on behalf of Mr. Hogan, who is serving a 125-year sentence for possession with intent to distribute cocaine. Hogan v. Kelley, No. 5:14CV00105-BD, ___ F. Supp. 2d ___, 2015 WL 4610971, at *3 (E.D. Ark. July 31, 2015).
Human Rights Campaign recognized BOWEN'S LEGAL CLINIC for its work in hosting the First Arkansas Transgender Legal Clinic this summer. Andres Zekis, First Arkansas Transgender Legal Clinic Assists More than Two-Dozen, Hum. Rts. Camp. (Sept. 4, 2015).
On August 28-29th, 2015, Bowen hosted Reveal, Restore and Resurrect: The Truth About Racial Disparities in the Arkansas Criminal Justice System. The conference presented research generated by the Racial Disparities in the Arkansas Criminal Justice System Research Project. Presenters and panelists led community leaders in discussions addressing the findings and possible remedies and solutions. Find article here
ASSOCIATE DEAN THERESA BEINER presented, "Constitutional Interpretation in the Age of the New Federalism," Pulaski County Bar Association Last Chance CLE, Little Rock, Ark., June 19, 2015.
PROFESSOR ANASTASIA BOLES conducted a workshop for the LEAP students on the need for cultural proficiency training in legal education, June 29, 2015.
In July 2015, PROFESSOR LYNN FOSTER attended the annual conference of Uniform Law Commissioners in Williamsburg, Virginia, where she presented the Revised Uniform Residential Landlord Tenant Act along with other members of the Drafting Committee. The act was adopted by the Uniform Law Commission.
On September 21, 2015, EMERITUS PROFESSOR KEN GOULD made a presentation to a group of Chinese lawyers, law professors, and judges, at the Bowen School of Law, on the court structure of the United States and Arkansas. The lawyers, law professors, and judges were touring the country.
DEAN MICHAEL HUNTER SCHWARTZ made the following presentations:
  • A three-day training program for Turkish law professors on teaching methods, course design, and curriculum design in Istanbul, Turkey, May 19, 2015.
  • AALS New Law Teachers Conference, Washington, D.C., June 3, 2015.
    - Plenary Speaker - Teaching and Learning Theory.
    - Facilitator for small group discussing teaching, scholarship, and service.
  • AALS Mid-Year Meeting Outcomes Assessment Conference, Orlando, Fla., June 23-24, 2015.
    - Plenary Speaker – Curriculum Mapping (with Professor Sophie Sparrow).
    - Plenary Speaker – Lessons Learned in Outcomes Assessment.
  • "Are You More Ethical than a 2L?," Ark. Bar Association Best of CLE, Little Rock, Ark., June 26, 2015.
  • "Best Practices in Outcomes Assessment" (with Professor Kelly Terry), George Washington University Faculty Retreat, Washington, D.C., September 19, 2015.
  • Invited Presentation, “Assessment,” George Washington University College of Law Faculty Retreat, Washington, DC, September 2015.
  • Panelist, “The Admissions Process,” Southwest Association of Pre-Law Advisors Annual Conference, Las Vegas, Nevada, October 2015.
  • Presentation, “UALR Bowen’s LEAP Program,” Access Group First Annual Legal Education Research Conference, Savannah, Georgia, November 2015.Invited Presentation, “Lesson Learned about Assessment,” Assessment Conference, Whittier Law School, Cost Mesa, California, November 2015.
  • Conducted (with Sophie Sparrow) a three-day training program, “Best Practices in Teaching,” Prince Sultan University School of Law, Riyadh, Saudi Arabia, January 2016.Discussant, “Introducing Professional Identity Development into the Law School Curriculum," 2016 AALS Annual Meeting, New York, New York, January 2016.Panelist, “Hot Topics in Part-Time Legal Education,” 2016 AALS Annual Meeting, New York, New York, January 2016. 
  • Mitchell Lecturer, "Bench and Bar: Let’s Kick Down the Door to the Law School Together," SUNY Buffalo School of Law, Buffalo, New York, April 2016.Invited Presentation, “Institutional Assessment,” South Texas College of Law, Houston, Texas, April 2016.Morris Bart Lecturer, “Expert Learning for Law Students,” Loyola University New Orleans School of Law, April 2016.
  • Plenary Speaker (with Paula Manning), “Expert Learning for Law Students 2.0,” Annual AASE Conference, CUNY Law School, New York, New York, May 2016.
  • Presenter, “Instructional Design,” Annual AASE Conference, CUNY Law School, New York, New York, May 2016.
  • Conducted (with Lindsey Gustafson and Kelly Terry) a three-day training program, “Teaching and Assessment Workshop,” Touro University School of Law, Long Island, New York, May 2016.Plenary Speaker, "What the Best Law Mentors Do," National Legal Mentoring Conference, University of Denver, Sturm College of Law, Denver, Colorado, May 2016.
PROFESSOR J. THOMAS SULLIVAN presented two lectures at UAMS to mental health professionals, psychiatrists, and psychologists in the forensic fellowship program in the Department of Psychiatry at UAMS:
  • Lecturer, "Issues in Assessment of Capital Defendant's Competency for Execution," Department of Psychiatry Forensic Didactics, University of Arkansas for Medical Sciences, April 20, 2016; 
  • Lecturer, "Fleming v. Vest: Recognition of Third Person Liability for Professional Negligence Claims Against Mental Health Providers under Arkansas Law," Department of Psychiatry Forensic Didactics, University of Arkansas for Medical Sciences, April 27, 2016.
PROFESSOR KELLY TERRY made the following presentations:
  • "Responding to the New ABA Standard 314—Assessment in the Law School and in the Field:  What We’re Doing and How We Can Do It Better," which focused on new ABA accreditation standards relating to assessment in law schools and best practices in creating course learning objectives, designing assessment methods, and creating an assessment plan. Association of American Law Schools Conference on Clinical Legal Education, Rancho Mirage, Calif., May 4-7, 2015.
  • Co-planner and Co-Presenter for Plenary Sessions, Experiential Learning Across the Curriculum Conference, sponsored by the Institute for Law Teaching and Learning, Gonzaga University School of Law, Spokane, Washington, June 12-14, 2015.
  • "Best Practices in Outcomes Assessment" (with Dean Michael Hunter Schwartz), George Washington University Faculty Retreat, Washington, D.C., September 19, 2015.
    Discussant, "Works in Progress" session, Southern Clinical Conference, University of Memphis Cecil C. Humphreys School of Law, Memphis, TN, October 23, 2015. 
  • Co-Planner and Attendee, Helping Health on 12th Pro Bono Event, University of Arkansas for Medical Sciences 12th Street Health and Wellness Center, Little Rock, AR, October 26 and 28, 2015. During the event, law students participated in medical-legal clinic at UAMS 12th Street Health and Wellness Center, which is a student-run free clinic.  Law students served on interdisciplinary teams with UAMS students and screened patients for needs in areas of food insecurity, unsafe housing conditions, and eligibility for Medicaid health-insurance benefits.  Law students provided informational resources, referral services, and application assistance to patients with needs in those areas.
  • Planning Committee Member and Attendee, Southern Clinical Conference, University of Memphis Cecil C. Humphreys School of Law, Memphis, TN, Fall 2015. Professor Terry also served on the subcommittee that planned and implemented the "Works in Progress" sessions during the conference.
PROFESSOR JEFF WOODMANSEE presented two one-hour sessions covering government publications and factual investigation access for a CLE. National Business Institute, Fayetteville, Ark., June 30, 2015.
PROFESSOR ADJOA AIYETORO was interviewed regarding her research on racial disparities in the Arkansas criminal justice system: Chris Hickey, Arkansas Study Finds Blacks Receive Harsher Sentences For Homicide Convictions Than Whites, KUAR, August 28, 2015.
  • was interviewed about alternative litigation financing: United States Law Week, September 15, 2015, 84 U.S. L. Week 335;
  • discussed litigation funding and bankruptcy: Stephanie Cumings, Bloomberg News, quoting The Bankruptcy Reporter, August 19, 2015. 
  • discussed the Honorable Wendell Griffen’s order that the State of Arkansas must release lethal injection drug information: KUAR, October 12, 2015;
  • discussed post-trial criminal procedures related to the conviction and sentencing of Willie Noble: KTHV, Channel 11, CBS affiliate, November 6, 2015.
  • was interviewed regarding the new Arkansas Supreme Court justices hearing the same-sex marriage case: Spencer Willems, 2 new justices in 7 to decide nuptials case, Ark. Online, May 8, 2015; 
  • was interviewed regarding Chief Justice Hannah: Spencer Willems, Chief Justice mum on absences, Nw. Ark. Democrat Gazette, August 7, 2015;
  • was interviewed regarding the questioning of Michal Morton: Debra Hale-Shelton, U.S. probe agents put questions to Morton, Ark. Online, August 11, 2015;
  • was interviewed regarding litigation involving the disclosure of the manufacturer's execution drugs: Talk Business and Politics, KATV, ABC affiliate, October 26, 2015;
  • appeared on KUAR radio and discussed the recent Arkansas Supreme Court decision refusing to order disclosure of the supplier of drugs to the state for use in execution of those sentenced to death. 
DEAN EMERITUS CHARLES GOLDNER discussed state funding for attorneys in civil courts to represent Arkansans at or below the poverty level. Spencer Willems, Ex-Dean: State Lags in Giving Legal Aid, October 28, 2015.
DEAN MICHAEL HUNTER SCHWARTZ was interviewed on The Oklahoma Legal Group Blog about the challenges and opportunities faced by law students, faculty, and legal professionals: Sept. 13, 2015.
  •  made fourteen media appearances between April 1 and June 30, 2015. He was interviewed on KARN Radio thirteen times; nine of the interviews concerned the same-sex marriage cases pending in Arkansas and nationally; two of the interviews concerned King v. Burwell, the case that addressed whether tax subsidies are available on federal health insurance exchanges; and two of the interviews concerned multiple Supreme Court decisions. Professor Silverstein was also interviewed once by KUAR Radio regarding the same-sex marriage cases;
  • authored two posts on the Ekkonomiks blog on June 26, 2015:
    - Analysis of King v. Burwell—The Obamacare Tax Subsidies Case, June 26, 2015;
    - Brief Thoughts on Obergefell, the Same-Sex Marriage Case, June 26, 2015.
  • was interviewed on KARN radio five times between July 1 and September 30, 2015. Three of the interviews concerned the retirement of Arkansas Supreme Court Chief Justice Jim Hannah and his replacement by Howard Brill; one interview concerned Arkansas Attorney General Leslie Rutledge’s issuance of a legal opinion concluding that local ordinances prohibiting discrimination on the basis of sexual orientation violate state law; and one interview concerned the rejection of ethics complaints charging the Arkansas Supreme Court with improperly delaying its decision in the Arkansas same-sex marriage litigation, as well as whether Arkansas might become embroiled in a legal fight over the right of county clerks to a religious accommodation that would exempt them from having to issue marriage licenses to same-sex couples.
  • was a guest columnist for the Arkansas Democrat Gazette on July 5, 2015, discussing the U.S. Supreme Court’s decision on same-sex marriage and its role in fulfilling the Enlightenment Dream.
  • authored an article in The National Jurist: Why decline in bar passage means it's time to re-evaluate admissions standards, April 14, 2015;
  • was interviewed regarding the Josh Duggar case and the release of the police report: Phil Helsel, NBC News, June 4, 2015;
  • was interviewed regarding FOI implications of redacting crash reports and the 1994 Drivers Privacy Protection Act. Emily Nitcher, State police redact crash report data, June 22, 2015;
  • was interviewed by local news about public officials' emails and the Arkansas document retention statute: KATV, ABC Affiliate, September 2015;
  • was interviewed regarding Arkansas law relevant to the prosecution of Willie Noble: KATV, ABC Affiliate, Sept. 11, 2015.
Bowen's Spring 2015 Commencement Address, by the Honorable Susan Webber Wright, was broadcast by C-SPAN.
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