Faculty Scholarship - University of Louisville Louis D. Brandeis ...

Faculty Scholarship

MESSAGE FROM THE DEAN
Scholarly works on law -- especially those published as books, chapters, and journal articles
-- advance every aspect of this school's mission. The works themselves, of course,
advance knowledge about the law and allied disciplines. What is perhaps less readily understood
is the connection between our school's teaching and scholarly missions. Preparing
works of scholarship, like no other activity, keeps our faculty members at the cutting
edge of the law. As a result, the best teachers in this profession as a rule are the best
scholars, and the best scholars typically rank among our best teachers.
This catalog reports the our faculty's enduring contributions to legal education, the legal
profession, and the broader communities served by lawyers and law professors, Each
page presents the snapshot of an individual career "dedicated to the higher training and
useful education of [our] aspiring youth." Those words, inscribed inside the rotunda of
the University of Louisville's central administration building, describe and inspire what we
do every day. Over all the days that have comprised our collective careers, we have
taught students, served the community, and produced the finest scholarship our minds
can frame. As a record of what we have accomplished and hope yet to achieve, this catalog
represents a record of our scholarly legacy and a statement of our scholarly promise.
I present it to you with great pride.
Jim Chen
Dean and Professor of Law
This catalog represents the first comprehensive list of publications
by the law faculty of the University of Louisville. The most reliable
measure of an academic faculty's distinction is its body of scholarship,
produced over the course of its individual members' careers
and presented in its entirety. I am proud to present the scholarly
record of the University of Louisville's Louis D. Brandeis School of
Law.

OUR COMMUNITY OF SCHOLARS
Leslie W. Abramson …………………..
Craig Anthony (Tony) Arnold…………
Linda J. Barris…………………………
Kathleen S. Bean………………………
R. Thomas Blackburn…………………
Peter Scott Campbell………………….
Jim Chen……………………………….
John Cross……………………………..
Susan Duncan…………………………
David J. Ensign………………………..
Linda S. Ewald………………………...
Judith D. Fischer……………………...
Grace M. Giesel………………………
Timothy S. Hall………………………..
Robin R. Harris………………………..
William A. Hilyerd……………………..
James T.R. Jones…………………….
Karen A. Jordan………………………
Norvie L. Lay…………………………..
David J. Leibson……….....…..………
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Jill Wieber Lens….………..…………
Ariana R. Levinson………..…………
Samuel A. Marcosson….….…..……
Kurt X. Metzmeier…..……………….
Luke M. Milligan………………...…...
Lisa H. Nicholson…..………………..
Richard H. Nowka………..………….
Emily W. Parento…..……..………….
Cedric Merlin Powell……..………….
Edwin R. Render……..………………
Laura Rothstein……………...……....
Mark A. Rothstein………………...….
Shelley M. Santry.………………...….
Lars S. Smith…………………….…...
Virginia M. Smith……………….…....
Robert L. Stenger………………..…..
Joseph A. Tomain………………..…..
Enid Trucios-Haynes……...…….…..
Manning Gilbert Warren III………....
Russell L. Weaver……..……………..
Cover Photo Credit: Thomas Fougerousse
Louisville Law faculty are pictured in front of Grawemeyer Hall.
This document is available online at: www.law.louisville.edu/faculty/scholarship
Printed copies may be purchased for $15 by contacting the Copy Center at (502) 852-1246.
Produced by the University of Louisville Louis D. Brandeis School of Law
Office of Communications.
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Leslie W. Abramson
Frost Brown Todd Professor of Law
Criminal procedure, civil procedure
Professor Abramson's primary teaching areas are criminal procedure and civil procedure. His research
is known nationally in the areas of judicial ethics and criminal detainers for prisoners. He
has authored many law review articles and books, including several law school casebooks and
several volumes in the Kentucky Practice series for practicing attorneys. His other research interests
have ranged from constitutional issues to legal education.
Much of Professor Abramson's service to the profession and the community focuses on legal reform.
He has served as Reporter for the Western District of Kentucky work groups which implemented
the federal Speedy Trial Act and the Civil Justice Reform Act. In addition, he speaks frequently
at continuing legal education seminars on judicial and legal ethics issues.
Before joining the faculty, Professor Abramson practiced law with Frank and Robert Haddad in Louisville.
He holds degrees from Cornell University and the University of Michigan Law School, and he
earned his doctorate in juridical science from the University of Wisconsin Law School.
Books, Chapters, and Journal Articles
• *CIVIL PROCEDURE: CASES, PROBLEMS AND EXERCISES (2d ed. 2008).
• *CIVIL PROCEDURE: CASES, PROBLEMS AND EXERCISES: TEACHER’S MANUAL (2d ed. 2008).
• *CONCISE HORNBOOK SERIES: PRINCIPLES OF CRIMINAL PROCEDURE (3d ed. 2008).
• *CRIMINAL LAW: CASES, PROBLEMS AND EXERCISES (3d ed. 2008).
• *CRIMINAL LAW: CASES, PROBLEMS AND EXERCISES: TEACHER’S MANUAL (2008).
• *CRIMINAL PROCEDURE: CASES, PROBLEMS AND EXERCISES (3d ed. 2008).
• *TEACHER’S MANUAL FOR CRIMINAL PROCEDURE: CASES, PROBLEMS AND EXERCISES (3d ed. 2008).
• ACING CRIMINAL PROCEDURE (2007).
• Judicial Disclosure and Disqualification: The Need for More Guidance, 28 JUST. SYS. J. 301
(2007).
• Smith v. Hooey: Underrated but Unfulfilled, 44 SAN DIEGO L. REV. 573 (2007).
• CIVIL PROCEDURE FORMS (2d ed. KY Practice vol. 11-12, 2006) (as supplemented).
• PROBLEMS IN CRIMINAL PROCEDURE (4th ed. 2004) (with Joseph D. Grano).
• TEACHER’S MANUAL FOR PROBLEMS IN CRIMINAL PROCEDURE (4th ed. 2004) (with Joseph D. Grano).
• The Judge’s Relative is Affiliated with Counsel of Record: The Ethical Dilemma, 32 HOFSTRA L.
REV. 1181 (2004).
• CRIMINAL PRACTICE AND PROCEDURE (KY Practice Vol. 8-9) (2003 as supplemented).
• A CENTURY IN CELEBRATION: THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
KENTUCKY 1901-2001 (2001).
• SUBSTANTIVE CRIMINAL LAW (2d ed. KY Practice vol. 10, 2000) (as supplemented).
*Indicates multiple coauthors.
2

Leslie W. Abramson
• The Appearance of Impropriety: Deciding When a Judge’s Impartiality “Might Reasonably Be
Questioned,” 14 GEO. J. LEGAL ETHICS 55 (2000).
• The Judicial Ethics of Ex Parte and Other Communications, 37 HOUS. L. REV. 1343 (2000).
• The Judge’s Ethical Duty to Report Misconduct By Other Judges and Lawyers and its Effect on
Judicial Independence, 25 HOFSTRA L. REV. 751 (1997).
• Canon 2 of the Code of Judicial Conduct, 79 MARQ. L. REV. 949 (1996).
• The Interstate Agreement on Detainers: Narrowing its Availability and Application, 21 NEW ENG.
J. ON CRIM. & CIV. CONFINEMENT 1 (1995).
• Deciding Recusal Motions: Who Judges the Judges?, 28 VAL. U. L. REV. 543 (1994).
• Specifying Grounds for Judicial Disqualification in Federal Courts, 72 NEB. L. REV. 1046 (1993).
• Clarifying ‘Fair Play and Substantial Justice’: How the Courts Apply the Supreme Court Standard
for Personal Jurisdiction, 18 HASTINGS CONST. L.Q. 441 (1991).
• Witness Waiver of the Fifth Amendment Privilege, 41 OKLA. L. REV. 235 (1988).
• Equal Protection and Administrative Convenience, 52 TENN. L. REV. 1 (1984).
• Extradition in America: Of Uniform Acts and Governmental Discretion, 33 BAYLOR L. REV. 793
(1981).
• Entrapment and Due Process in the Federal Courts, 8 AM. J. CRIM. L. 139 (1980).
• Compulsory Retirement, the Constitution and the Murgia Case, 42 MO. L. REV. 25 (1977).
• Kentucky’s Future Need for Attorneys, 63 KY. L.J. 323 (1975).
• State Taxation of Exports: The Stream of Constitutionality, 54 N. C. L. REV. 59 (1975).
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Craig Anthony (Tony) Arnold
Boehl Chair in Property and Land Use and Professor of Law
Real property I & II, land use & planning law, environmental law, water resources
law & policy, real estate transactions, advanced courses in land
use and the environment
Professor Tony Arnold is the Boehl Chair in Property and Land Use. He is also the Chair of the interdisciplinary
Center for Land Use and Environmental Responsibility, and teaches in the University's
graduate urban planning program. He is a nationally recognized scholar in the environmental regulation
of land use, water, and property.
Scholars and professionals have selected his article on property as a web of interests in the Harvard
Environmental Law Review as one of the 10 best environmental and land use articles published
in 2002, and his article "Working Out an Environmental Ethic: Anniversary Lessons from
Mono Lake" (originally given as the Rudolph Distinguished Visiting Lecture at the University of Wyoming)
as one of the 20 best environmental and land use articles published in 2004. Professor Arnold
has also published extensively on the relationship between environmental justice and land use
planning and regulation, among other topics. His works include Wet Growth: Should Water Law
Control Land Use? (Environmental Law Institute 2005), Fair and Healthy Land Use: Environmental
Justice and Planning (American Planning Association 2007), and "The Structure of the Land Use
Regulatory System in the United States," which was published in 2007 in the Journal of Land Use
and Environmental Law. Much of his research and teaching focuses on collaborative problemsolving
and deliberative and participatory processes, informed by interdisciplinary insights and
case studies.
Professor Arnold received his Doctor of Jurisprudence with Distinction from Stanford Law School,
where he was founding Executive Editor of the Stanford Law & Policy Review and Graduate Student
Fellow in the Center for Conflict and Negotiation. He received his Bachelor of Arts with Highest Distinction
from the University of Kansas, where he was elected to Phi Beta Kappa and earned two national
honors, the Harry S. Truman Scholarship and the TIME Magazine College Achievement
Award.
Professor Arnold came to the University of Louisville in 2005 with substantial prior experience in
both law practice and legal education. He clerked for a federal appellate judge (the Honorable
James K. Logan, 10 th Circuit) and practiced law for several years with the largest and oldest law
firm in San Antonio, Texas. Professor Arnold taught at Stanford Law School, the University of Puerto
Rico Law School, the University of Wyoming College of Law (as the E. George Rudolph Distinguished
Visiting Professor of Law), and Chapman University School of Law in Orange, California (as
the Bollinger Chair in Real Estate, Land Use, and Environmental Law, and Director of the Center for
Land Resources), where he was voted Professor of the Year by the student body.
In San Antonio, Texas, he was a city attorney for two municipalities, a member of the Board of Directors
for the Texas Lawyers Committee for Civil Rights Immigrant & Refugee Rights Project, and
vice president and pro bono general counsel of a micro-enterprise loan fund. He served as Chairman
of the Planning Commission of Anaheim, California.

Craig Anthony (Tony) Arnold
In Louisville, he has continued his record of public service and civic engagement, serving on the
boards of directors of River Fields, the West Jefferson County Community Task Force, and Habitat
for Humanity of Metro Louisville, as well as the Mayor's Climate Change Task Force and
the Louisville Metro Fine Particle Matter Air Quality Task Force. He has participated in grant-funded
projects to aid communities in Louisville and Kentucky on environmental justice and land use issues
(in partnership with Central High School) and on water quality and land use issues (in partnership
with the Kentucky Division of Water).
Professor Arnold is a faculty associate of the University of Louisville's Center for Environmental Policy
and Management and an affiliate of the Children, Youth and Environments Center for Research
and Design at the University of Colorado's College of Architecture and Planning. In 2008-2009, he
will be a Visiting Scholar at the University of Cincinnati's School of Planning.
Books, Chapters, and Journal Articles
• *FUNDAMENTALS OF MODERN PROPERTY LAW (6th ed. forthcoming 2011).
• *KENTUCKY WET GROWTH TOOLS FOR SUSTAINABLE DEVELOPMENT (forthcoming 2009).
• The Complex and Interdependent Relationship Between Land Use and Climate Change: Uni-
Dimensional Policy Failure and Multi-Dimensional Policy Functionality, 1 J. ENERGY, CLIMATE, AND
THE ENV’T (forthcoming 2009).
• Water Privatization Trends in the United States: Human Rights, National Security, and Public
Stewardship, 33 WM. & MARY ENVTL. L. & POL’Y REV. (forthcoming 2009).
• FAIR AND HEALTHY LAND USE: ENVIRONMENTAL JUSTICE AND PLANNING (2007).
• Planning and Environmental Justice, PLANNING & ENVTL. L., March 2007, at 3.
• The Structure of the Land Use Regulatory System in the United States, 22 J. LAND USE & ENVTL.
L. 441 (2007).
• Clean-Water Land Use: Connecting Scale and Function, 23 PACE ENVTL. L. REV. 291 (2006).
• For the Sake of Water: Land Conservation and Watershed Protection, 14 SUSTAIN: A J. OF ENVTL.
& SUSTAINABILITY ISSUES 16 (2006).
• WET GROWTH: SHOULD WATER LAW CONTROL LAND USE? (Craig Anthony Arnold ed. 2005).
• Introduction: Integrating Water Controls and Land Use Controls: New Ideas and Old Obstacles,
in WET GROWTH: SHOULD WATER LAW CONTROL LAND USE? 1 (Craig Anthony Arnold ed.
2005).
• Polycentric Wet Growth: Policy Diversity and Local Land Use Regulation in Integrating Land
and Water, in WET GROWTH: SHOULD WATER LAW CONTROL LAND USE? 393 (Craig Anthony Arnold
ed. 2005).
• Is Wet Growth Smarter than Smart Growth?: The Fragmentation and Integration of Land Use and
Water, 35 ENVTL. L. REPORTER 10152 (2005).
• Privatization of Public Water Services: The States’ Role in Ensuring Public Accountability, 32
PEPPERDINE L. REV. 561 (2005).
• PRIVATIZATION OF PUBLIC WATER SERVICES: THE STATES’ ROLE IN ENSURING PUBLIC ACCOUNTABILITY
(2004).
• Working Out an Environmental Ethic: Anniversary Lessons from Mono Lake, 4 WYO. L. REV. 1
(2004).
• Litigation’s Bounded Effectiveness and the Real Public Trust Doctrine: The Aftermath of the
Mono Lake Case, 8 HASTINGS W.-NW. J. ENVTL. L. & POL’Y 1 (2002) (with Leigh A. Jewell).
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Craig Anthony (Tony) Arnold
• Litigation as Dispute Non-Resolution: Lessons from Case Studies in Water Rights Disputes, in
BEYOND LITIGATION: CASE STUDIES IN WATER RIGHTS DISPUTES 1 (Craig Anthony Arnold and Leigh
A. Jewell eds., 2002).
• The Real Public Trust Doctrine: The Aftermath of the Mono Lake Case, in BEYOND LITIGATION:
CASE STUDIES IN WATER RIGHTS DISPUTES 155 (Craig Anthony Arnold and Leigh A. Jewell eds.,
2002) (with Leigh A. Jewell).
• The Remedy of Monetary Damages in Land Use Litigation, in POWELL ON REAL PROPERTY 79E-1
(2002) (chapter revisions).
• Land Use Justice, 3.2 PROJECTIONS: THE MASS. INST. OF TECH. J. OF PLANNING 32 (2002).
• The Reconstitution of Property: Property as a Web of Interests, 26 HARV. ENVTL. L. REV. 281
(2002).
• Joint Tenancy, in POWELL ON REAL PROPERTY 51-1 (2001) (chapter revisions).
• Afterword: Unanswered Questions, 5 NEXUS 91 (2000).
• Land Use Regulation and Environmental Justice, 30 ENVTL. L. REPORTER 10395 (2000).
• How Do Law Students Really Learn?: Problem Solving, Modern Pragmatism, and Property Law,
22 SEATTLE U. L. REV. 891 (1999).
• Inaugural Distinguished Jurist-in-Residence: Introduction of the Honorable Deanell Reece
Tacha, 2 CHAP. L. REV. 1 (1999).
• Planning Milagros: Environmental Justice and Land Use Regulation, 76 DENV. U. L. REV. 1
(1998).
• Religious Freedom as a Civil Rights Struggle, 2 NEXUS 149 (1997).
• Conserving Habitats, Building Habitats: The Emerging Impact of the Endangered Species Act
on Land-Use Development, 10 STAN. ENVTL. L.J. 1 (1991).
• Ignoring the Rural Underclass; The Biases of Federal Housing Policy, 2 STAN. L. & POL’Y REV.
191 (1990).
• Beyond Self-Interest: Policy Entrepreneurs and Aid to the Homeless, 18 POL’Y STUDIES J. 47
(1989).
Other Publications
• For the Public Good?, LOUISVILLE BAR BRIEFS, October 2006, at 1.
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Linda J. Barris
Visiting Assistant Professor of Law
Basic legal skills, international criminal law, travel law
Linda J. Barris is visiting at the University of Louisville School of Law after six years as an Associate
Professor at Nova Southeastern University. She previously taught at the University of San Diego.
Professor Barris authored Understanding and Mastering the Bluebook, and speaks on effective
teaching of legal citation. She also has written and spoken on subjects such as laws affecting the
travel industry, and international criminal law.
Books, Chapters, and Journal Articles
• UNDERSTANDING AND MASTERING THE BLUEBOOK: A GUIDE FOR STUDENTS AND PRACTITIONERS (2007).
• UNDERSTANDING AND MASTERING THE BLUEBOOK: PRACTICE EXERCISES AND ANSWERS (2007).
• Hotel and Hurricanes: Legal Duties and Liabilities When Natural Disasters Strike, 4 INT’L TRAVEL
L.J. 212 (2006).
• The Overcompensation Problem: A Collective Approach to Controlling Executive Pay, 68 IND.
L.J. 59 (1992).
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Kathleen S. Bean
Professor of Law
Basic legal skills, juvenile justice seminar, property, family law, professional
responsibility, criminal law, legal problems of the poor, advanced appellate
advocacy
Before joining the faculty in 1983, Professor Bean clerked for the U.S. Court of Appeals for the
Eighth Circuit, served as staff attorney for the Legal Services Corporation of Iowa, and as director of
a student legal services clinic at Drake University School of Law. Her work at Legal Services emphasized
domestic and child custody work; the clinic she directed served low-income clients.
After coming to Louisville, Professor Bean has remained active in work involving women, children,
and the poor. Her most recent volunteer work has been with Jefferson County Public Schools
(JCPS). She currently participates in the University/Community Partnership Initiative “Every 1
Reads,” by tutoring at a local elementary school. Previously she served for three years as Chair of
the JCPS Youth Performing Arts School Scholarship Committee. Professor Bean has also served as
a board member for the Louisville Legal Aid Society and for the National Consumer Law Center in
Boston; she was a member of the Kentucky Supreme Court Gender Bias Task Force; and she has
volunteered as a Court Appointed Special Advocate for Jefferson County and for Habitat for Humanity.
Professor Bean's teaching is focused primarily on legal writing and analysis. In 2000, she was
awarded the Brandeis Alumni Excellence in Teaching Award; in 2001, she was awarded the University's
Distinguished Teaching Professor Award. In addition to her first-year teaching, Professor
Bean teaches the law school's Juvenile Justice seminar; this course involves students in jobshadowing
a public defender or prosecutor who works on child delinquency matters, and courtroom
visits concerning child dependency matters. Her recent scholarship focuses on children’s issues,
and she has also done extensive research on Kentucky's early women lawyers.
Professor Bean graduated with Honors from Drake University School of Law where she served as
Editor in Chief of the Drake Law Review. She is a member of COIF and is an honorary member of
the School of Law's Brandeis Honor Society.
Books, Chapters, and Journal Articles
• Aggravated Efforts, Reasonable Circumstances, and ASFA, 29 B.C. THIRD WORLD L.J.
(forthcoming 2009).
• Reasonable Efforts: What State Courts Think, 36 U. TOL. L. REV. 321 (2005).
• Changing the Rules: Public Access to Dependency Court, 79 DENVER L. REV. 1 (2002).
• Gender Gap in the Classroom — Beyond Survival, 14 VT. L. REV. 23 (1998).
• A Place at the Bar, 1 KY. HUMANITIES 11 (Ky. Humanities 1998).
• A Proposal for the Moral Practice of Law, 12 J. LEGAL PROF. 49 (1987).
• A Radical Feminist View of Pornography, 1 J. CONTEMP. LEGAL ISSUES 19 (1987).
• The Use of Writing Assignments in Law School, 37 J. LEGAL EDUC. 276 (1987).
• Grandparent Visitation: Can the Parent Refuse?, 4 J. FAM. L. 393 (1985).

Kathleen S. Bean
Other Publications
• *How Do I Cite…?, KY BENCH & BAR, January 2005, at 35.
• *The Law Firm Experience, 20 THE SECOND DRAFT 15 (2005).
• The Changing Face of the Legal Profession: Past Progress and Future Challenges, KY. BENCH &
BAR, May 1999, at 26 (with Linda S. Ewald).
*Indicates multiple coauthors.
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R. Thomas Blackburn
Associate Dean for Academic Affairs and Professor of Law
Basic income tax, corporate tax, estate and gift tax, partnership tax, business
organizations, corporate finance, business planning
Professor Blackburn received his Juris Doctor from Vanderbilt Law School and his LL.M. from Harvard
Law School. While practicing law as a partner in a local law firm, Professor Blackburn lectured
at the School of Law from 1971 to 1976. in 1976 he joined the faculty as an Associate Professor,
became Professor of Law in 1979 and served as Associate Dean in 1990, 1991 and 1994.
Professor Blackburn is admitted to practice before the Federal and Kentucky bars and is a Certified
Public Accountant licensed in Kentucky and Tennessee. He is a member of the American, Kentucky
and Louisville Bar Associations, the Kentucky Society of CPAs and belongs to various subcommittees
dealing with tax and business law issues.
Professor Blackburn focuses his research and writing on tax and corporate law topics.
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Peter Scott Campbell
Technical Services Librarian
Scott Campbell has a B.A. and an M.L.S., both from Indiana University. Prior to joining the University
of Louisville Brandeis School of Law, Mr. Campbell worked at Queens Borough Public Library
from 1988 to 1994 as a reference librarian for the Social Science and Fine Arts departments of the
library’s Central Division. He also served as an assistant branch manager and automation librarian.
Hired by the University of Louisville in December 1994 as an automation librarian for the School of
Law's library, Mr. Campbell has upgraded the library's computer lab and established a number of
Internet web pages for the library and the Brandeis School of Law. He currently oversees the library's
technical services.
Mr. Campbell served on the Brandeis Sesquicentennial Planning Committee and manages the library's
collection of Supreme Court Justices Louis D. Brandeis's and John Marshall Harlan’s papers.
He has conducted presentations on the Brandeis papers for law students, faculty, alumni and
guests that include Supreme Courts Justices Ruth Bader Ginsburg and Stephen Breyer.
Books, Chapters, and Journal Articles
• John Marshall Harlan’s Political Memoir, 33 J. SUP. CT. HISTORY 304 (2008).
• Nursery of a Supreme Court Justice: The Library of James Harlan of Kentucky, Father of John
Marshall Harlan, 100 LAW LIBRARY J. 639 (2008) (with Kurt X. Metzmeier).
• The Civil War Reminiscences of John Marshall Harlan, 32 J. SUP. CT. HISTORY 249 (2007).
• A UNION LIST OF APPELLATE COURT RECORDS AND BRIEFS: FEDERAL & STATE (1999) (with Michael
Whiteman).
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Jim Chen
Dean and Professor of Law
Regulation, legislation, constitutional law
Jim Chen joined the University of Louisville as dean of the Louis D. Brandeis School of Law in January
2007. Dean Chen is a prolific and influential scholar whose works span subjects such as administrative
law, agricultural law, constitutional law, economic regulation, environmental law, industrial
policy, legislation, and natural resources law. He is the coauthor of Disasters and the Law: Katrina
and Beyond (Aspen Publishers, 2006), the first book to provide comprehensive coverage of the legal
issues surrounding natural disasters. He provides expert advice on the law of regulated industries,
particularly telecommunications. Dean Chen has also taught courses in criminal law and food
and drug law.
Dean Chen's lectures have spanned fifteen countries, four continents, and three languages. In
1995, he held a chaire départementale in the Faculté de Droit et des Sciences Politiques of the Université
de Nantes. In 1999, he became the first American to teach law as a visiting professor at
Heinrich-Heine Universität in Düsseldorf. He taught in 2000 at Slovenská Pol'nohospodárska Univerzita
v Nitre (the Slovak Agricultural University in Nitra).
From July 1993 to January 2007, Dean Chen taught at the University of Minnesota Law School. In
his final years at Minnesota, Dean Chen served as that school's associate dean. He was an editor
of Constitutional Commentary and the faculty editor-in-chief of the Minnesota Journal of Law, Science
& Technology. He also served as faculty advisor to the Minnesota Law Review and Law & Inequality.
Within the University of Minnesota's Conservation Biology Program, Dean Chen served as a
member of the graduate faculty.
Dean Chen received his B.A. degree, summa cum laude, and his M.A. degree from Emory University.
After studying as a Fulbright Scholar at Háskóli Íslands (the University of Iceland), he earned
his J.D. degree, magna cum laude, from the Harvard Law School, where he served as an executive
editor of the Harvard Law Review. He clerked for Judge J. Michael Luttig of the United States Court
of Appeals for the Fourth Circuit and for Justice Clarence Thomas of the Supreme Court of the
United States.
In addition to compiling an extensive record in traditional legal scholarship, Dean Chen has
emerged as an innovative master of online media. He maintains an official blog called The Cardinal
Lawyer and a related collaborative website called The Cardinal Lawyer II: Birds of a Feather.
As the founder and administrator of the Jurisdynamics Network, Dean Chen presides over one of
the most intellectually stimulating and visually striking families of law-related websites. The network's
flagship weblog, Jurisdynamics, is dedicated to the subjects and methodological tools that
most vividly depict the law's interaction with societal and technological change. Other affiliated weblogs
include MoneyLaw, BioLaw, Agricultural Law, Commercial Law, Ratio Juris, Law and Technology
Theory, First Movers, Law Blog Central, and The Scientific Lawyer.
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Jim Chen
Books, Chapters, and Journal Articles
• Biodiversity Versus Biotechnology, in INTELLECTUAL PROPERTY PROTECTION FOR AGRICULTURAL BIO-
TECHNOLOGY (Jay P. Kesan ed. forthcoming).
• Clarence Thomas, in THE YALE BIOGRAPHICAL DICTIONARY OF AMERICAN LAW (Roger K. Newman ed.,
forthcoming 2009) (with David R. Stras).
• The Story of Wickard v. Filburn: Agriculture, Aggregations, and Commerce, in CONSTITUTIONAL LAW
STORIES (Michael C. Dorf ed. 2d ed., forthcoming 2009).
• From Red Lion to Red List: The Dominance and Decline of the Broadcast Medium, 60 ADMIN L.
REV. (forthcoming 2008).
• Law Among the Ruins, in LAW AND RECOVERY FROM DISASTER: HURRICANE KATRINA (Robin Paul
Malloy ed. forthcoming 2008).
• Telecommunications Mergers, in COMPETITION POLICY AND MERGER ANALYSIS IN DEREGULATED AND
NEWLY COMPETITIVE INDUSTRIES (Peter C. Carstensen & Susan Beth Farmer eds., forthcoming
2008).
• Biolaw: Cracking the Code, 56 KAN. L. REV. 1029 (2008).
• Across the Apocalypse on Horseback: Biodiversity Loss and the Law, in BIODIVERSITY AND THE LAW:
INTELLECTUAL PROPERTY, BIOTECHNOLOGY AND TRADITIONAL KNOWLEDGE 42 (Charles R. McManis ed.
2007).
• Beyond Food and Evil, 56 DUKE L.J. 1581 (2007).
• The Echoes of Forgotten Footfalls: Telecommunications Mergers at the Dawn of the Digital Millennium,
43 HOUSTON L. REV. 1311 (2007).
• The Most Dangerous Justice Rides into the Sunset, 24 CONST. COMMENT. 199 (2007) (with Paul H.
Edelman).
• W.J.B., Vox Populi, 86 NEB. L. REV. 180 (2007).
• Around the World in Eighty Centiliters, 15 MINN. J. INT’L L. 1 (2006).
• Constitutional Curiosities: A Twenty-One Question Scavenger Hunt, 23 CONST. COMMENT. 139
(2006).
• The Death of the Regulatory Compact: Adjusting Prices and Expectations in the Law of Regulated
Industries, 67 OHIO ST. L.J. 1265 (2006).
• DISASTERS AND THE LAW: KATRINA AND BEYOND (2006) (with Daniel A. Farber).
• Poetic Justice, 28 CARDOZO L. REV. 581 (2006).
• There’s No Such Thing as Biopiracy . . . And It’s a Good Thing Too, 37 MCGEORGE L. REV. 1
(2006).
• With All Deliberate Speed: Brown II and Desegregation’s Children, 24 LAW & INEQ. 1 (2006).
• Biodiversity and Biotechnology: A Misunderstood Relation, 2005 MICH. ST. L. REV. 51 (2005).
• Conduit-Based Regulation of Speech, 54 DUKE L.J. 1359 (2005).
• Legal Mythmaking in a Time of Mass Extinctions: Reconciling Stories of Origins with Human
Destiny, 29 HARV. ENVTL. L. REV. 279 (2005).
• Mastering Eliot’s Paradox: Fostering Cultural Memory in an Age of Illusion and Allusion, 89 MINN. L.
REV. 1361 (2005).
• The Midas Touch, 7 MINN. J.L. SCI. & TECH., at i (2005).
• The Parable of the Seeds: Interpreting the Plant Variety Protection Act in Furtherance of Innovation
Policy, 81 NOTRE DAME L. REV. 105 (2005).
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Jim Chen
• Brilliance Remembered, 20 CONST. COMMENT. 717 (2004).
• Mayteenth, 89 MINN. L. REV. 203 (2004).
• The Nature of the Public Utility: Infrastructure, the Market, and the Law, 98 NW. U. L. REV. 1617
(2004).
• Portraits of the Scholar as a Young Clerk, 13 MINN. J. GLOBAL TRADE 203 (2004).
• A Vision Softly Creeping: Congressional Acquiescence and the Dormant Commerce Clause, 88
MINN. L. REV. 1764 (2004).
• Webs of Life: Biodiversity Conservation as a Species of Information Policy, 89 IOWA L. REV. 495
(2004).
• The Agricultural Adjustment Act, in MAJOR ACTS OF CONGRESS 5 (Brian K. Landsberg, ed. 2003).
• Filburn’s Legacy, 52 EMORY L.J. 1719 (2003).
• Judicial Epochs in Supreme Court History: Sifting Through the Fossil Record for Stitches in Time
and Switches in Nine, 47 ST. LOUIS U. L.J. 677 (2003).
• THE JURISDYNAMICS OF ENVIRONMENTAL PROTECTION: CHANGE AND THE PRAGMATIC VOICE IN ENVIRON-
MENTAL LAW (Jim Chen ed. 2003).
• Introduction ─ The Jurisdynamics of Environmental Protection: Evolving Visions of Eco-
Pragmatism, in THE JURISDYNAMICS OF ENVIRONMENTAL PROTECTION xiii (Jim Chen, ed. 2003).
• Across the Apocalypse on Horseback: Imperfect Legal Responses to Biodiversity Loss, in THE
JURISDYNAMICS OF ENVIRONMENTAL PROTECTION 197 (Jim Chen, ed. 2003) (reprinted in 17 WASH. U.
J.L. & POL’Y 12 (2005) and BIODIVERSITY AND THE LAW: INTELLECTUAL PROPERTY, BIOTECHNOLOGY
AND TRADITIONAL KNOWLEDGE 42 (2007)).
• The Phages of American Law, 36 U.C. DAVIS L. REV. 455 (2003) (written under the pseudonym Gil
Grantmore).
• The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, 87 MINN. L. REV.
847 (2003).
• The Price of Macroeconomic Imprecision: How Should the Law Measure Inflation?, 54 HASTINGS
L.J. 1375 (2003).
• The Story of Wickard v. Filburn: Agriculture, Aggregation, and Congressional Power over Commerce,
in CONSTITUTIONAL LAW STORIES 69 (Michael C. Dorf, ed. 2003).
• Subsidized Rural Telephony and the Public Interest: A Case Study in Cooperative Federalism and
Its Pitfalls, 2 TELECOMMS. & HIGH TECH. L.J. 307 (2003).
• True Blue, 20 CONST. COMMENT. 5 (2003) (written under the pseudonym Gil Grantmore).
• The Vertical Dimension of Cooperative Competition Policy, 48 ANTITRUST BULL. 1005 (2003).
• Come Back to the Nickel and Five: Tracing the Warren Court’s Pursuit of Equal Justice Under Law,
59 WASH. & LEE L. REV. 1203 (2002).
• Dynamic Statutory Drafting: Calculating the Price of Statutory Imprecision, BERKELEY ELECTRONIC
PRESS: ISSUES IN LEGAL SCHOLARSHIP, vol. 1, no. 3: DYNAMIC STATUTORY INTERPRETATION, Article 13,
http://www.bepress.com/ils/iss3/art13 (2002).
• Liberating Red Lion from the Glass Menagerie of Free Speech Jurisprudence, 1 TELECOMMS. &
HIGH TECH. L.J. 293 (2002).
• The Authority to Regulate Broadband Internet Access over Cable, 16 BERKELEY TECH. L.J. 677
(2001).
• Constitutional Law Haiku, 18 CONST. COMMENT. 481 (2001) (with Daniel A. Farber) (written under
the pseudonym Gil Grantmore).
14

Jim Chen
• Diversity and Deadlock: Transcending Conventional Wisdom on the Relationship Between Biological
Diversity and Intellectual Property, 31 ENVTL. L. RPTR. 10,625 (2001).
• Epiphytic Economics and the Politics of Place, 10 MINN. J. GLOBAL TRADE 1 (2001).
• The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices, 86 MINN.
L. REV. 131 (2001) (with Paul H. Edelman).
• Rational Basis Revue, 17 CONST. COMMENT. 447 (2001).
• The Death of Contra, 52 STAN. L. REV. 889 (2000) (written under the pseudonym Gil Grantmore).
• Globalization and Its Losers, 9 MINN. J. GLOBAL TRADE 157 (2000).
• Hope a Better Rate for Me, 17 YALE J. ON REG. 195 (2000).
• Mark My Words, 3 GREEN BAG 2d 121 (2000) (written under the pseudonym Gil Grantmore).
• Pax Mercatoria: Globalization as a Second Chance at “Peace for Our Time,” 24 FORDHAM INT’L
L.J. 217 (2000).
• Standing in the Shadows of Giants: The Role of Intergenerational Equity in Telecommunications
Reform, 71 U. COLO. L. REV. 921 (2000).
• DeFunis, Defunct, 16 CONST. COMMENT. 91 (1999).
• The Magnificent Seven: American Telephony’s Deregulatory Shootout, 50 HASTINGS L.J. 1503
(1999).
• Midnight in the Courtroom of Good and Evil, 16 CONST. COMMENT. 499 (1999).
• The Second Coming of Smyth v. Ames, 77 TEX. L. REV. 1535 (1999).
• The Sound of Legal Thunder: The Chaotic Consequences of Crushing Constitutional Butterflies,
16 CONST. COMMENT. 483 (1999).
• Book Review, 97 Pub. Choice 205 (1998) (reviewing NICHOLAS MERCURO & STEVEN G. MEDEMA,
ECONOMICS & THE LAW: FROM POSNER TO POST-MODERNISM (1997)) .
• Diversity in a Different Dimension: Evolutionary Theory and Affirmative Action’s Destiny, 59 OHIO
ST. L.J. 811 (1998).
• Force Majeure in Legal Scholarship, 14 CONST. COMMENT. 427 (1998) (with David Schultz).
• The Potable Constitution, 15 CONST. COMMENT. 1 (1998).
• TELRIC in Turmoil, Telecommunications in Transition: A Note on the Iowa Utilities Board Litigation,
33 WAKE FOREST L. REV. 51 (1998).
• Embryonic Thoughts on Racial Identity as New Property, 68 U. COLO. L. REV. 1123 (1997).
• Feudalism Unmodified: Discourses on Farms and Firms, 45 DRAKE L. REV. 361 (1997) (with Edward
S. Adams).
• The Legal Process and Political Economy of Telecommunications Reform, 97 COLUM. L. REV. 835
(1997).
• Regulatory Education and Its Reform, 16 YALE J. ON REG. 145 (1998) (reviewing JEFFREY L. HAR-
RISON, THOMAS D. MORGAN & PAUL R. VERKUIL, REGULATION AND DEREGULATION: CASES AND MATE-
RIALS (1997)).
• Diversity and Damnation, 43 UCLA L. REV. 1839 (1996).
• “Duel” Diligence: Second Thoughts About the Supremes as Sultans of Swing, 70 S. CAL. L. REV.
219 (1996) (with Paul H. Edelman).
• Fugitives and Agrarians in a World Without Frontiers, 18 CARDOZO L. REV. 1031 (1996).
• The Last Picture Show (On the Twilight of Federal Mass Communications Regulation), 80 MINN.
L. REV. 1415 (1996).
• The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics, 70 S. CAL. L. REV.
63 (1996) (with Paul H. Edelman).
15

Jim Chen
• A Sober Second Look at Appellations of Origin: How the United States Will Crash France’s Wine
and Cheese Party, 5 MINN. J. GLOBAL TRADE 29 (1996).
• Titanic Telecommunications, 25 SW. U. L. REV. 535 (1996).
• Untenured but Unrepentant, 81 IOWA L. REV. 1609 (1996).
• The American Ideology, 48 VAND. L. REV. 908 (1995).
• Get Green or Get Out: Decoupling Environmental from Economic Objectives in Agricultural
Regulation, 48 OKLA. L. REV. 333 (1995).
• Law as a Species of Language Acquisition, 73 WASH. U.L.Q. 1263 (1995).
• Law as Industrial Policy: Economic Analysis of Law in a New Key, 25 U. MEMPHIS L. REV. 1315
(1995) (with Daniel J. Gifford).
• Of Agriculture’s First Disobedience and Its Fruit, 48 VAND. L. REV. 1261 (1995).
• Rock ‘n’ Roll Law School, 12 CONST. COMMENT. 315 (1995).
• Book Review, 11 CONST. COMMENT. 599 (1994-1995) (reviewing H. JEFFERSON POWELL, THE
MORAL TRADITION OF AMERICAN CONSTITUTIONALISM: A THEOLOGICAL INTERPRETATION (1993)).
• The Constitutional Law Songbook, 11 CONST. COMMENT. 263 (1994).
• The Mystery and the Mastery of the Judicial Power, 59 MO. L. REV. 281 (1994).
• Unloving, 80 IOWA L. REV. 145 (1994).
• Application of the Abnormally Dangerous Activities Doctrine to Environmental Cleanups, 47 BUS.
LAW. 1031 (1992) (with Kyle E. McSlarrow).
• Appointments with Disaster: The Unconstitutionality of Binational Arbitral Review Under the
United States-Canada Free Trade Agreement, 49 WASH. & LEE L. REV. 1455 (1992).
• Code, Custom, and Contract: The Uniform Commercial Code as Law Merchant, 27 TEX. INT’L
L.J. 91 (1992).
• Something Old, Something New, Something Borrowed, Something Blue, 58 U. CHI. L. REV. 1527
(1991) (reviewing THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (15th ed. 1991)).
• Case Comment, The Supreme Court–1989 Term: Leading Cases, 104 HARV. L. REV. 129, 319-
29 (1990) (analyzing Atlantic Richfield Co. v. USA Petroleum Co., 495 U.S. 328 (1990)).
• Note, Preemption and Regulatory Efficienty in Federal Energy Statutes, 103 HARV. L. REV. 1306
(1990).
Other Publications
• All You Really Need to Know, You Learned in Law School, KY. BENCH & BAR, March 2008, at 47.
• At Once World and World Together, LOUISVILLE BAR BRIEFS, July 2008, at 6.
• Big Law, LOUISVILLE BAR BRIEFS, November 2008, at 6.
• The Cathedral, the Bazaar, and the School of Law, LOUISVILLE BAR BRIEFS, January 2008, at 6.
• Doing Well and Doing Good, LOUISVILLE BAR BRIEFS, March 2008, at 47.
• Law’s Double Helix, LOUISVILLE BAR BRIEFS, June 2008, at 6.
• Legal Learning, Lifelong Earning: The University of Louisville Welcomes Kathy Urbach, KY.
BENCH & BAR, September 2008, at 59.
• Legal Learning, Lifelong Earning: The University of Louisville Welcomes Kathy Urbach, LOUIS-
VILLE BAR BRIEFS, September 2008, at 6.
• The Mathematics of TrueColor (and What It Has to Do with Legal Education, LOUISVILLE BAR
BRIEFS, February 2008, at 6.
• Moot Court and Mock Trial News, KY. BENCH & BAR, January 2008, at 54.
16

Jim Chen
• Our Profession’s Responsibility to Children, LOUISVILLE BAR BRIEFS, July 2008, at 6.
• Schattenfreude, LOUISVILLE BAR BRIEFS, October 2008, at 6.
• Then Face to Face, LOUISVILLE BAR BRIEFS, April 2008, at 7.
• Truth and Beauty: A Legal Translation, KY. BENCH & BAR, July 2008, at 39.
• Truth and Beauty: A Legal Translation, LOUISVILLE BAR BRIEFS, May 2008, at 6.
• The Cardinal Lawyer is Taking Flight, LOUISVILLE BAR BRIEFS, November 2007, at 6.
• Comfortably Metrotextual, LOUISVILLE BAR BRIEFS, July 2007, at 6.
• Common Wealth, LOUISVILLE BAR BRIEFS, August 2007, at 10.
• Crossing the River, LOUISVILLE BAR BRIEFS, May 2007, at 6.
• In the Cards, KY. BENCH & BAR, September 2007, at 47.
• The Lawful Responsibility of Time, LOUISVILLE BAR BRIEFS, September 2007, at 10.
• Legal Education and the Building of a Better Commonwealth, KY. BENCH & BAR, July 2007, at 16.
• Louisville Law is Hiring, LOUISVILLE BAR BRIEFS, October 2007, at 6.
• Other People’s Children, LOUISVILLE BAR BRIEFS, December 2007, at 6.
• *Serving All Kentuckians: Making Legal Education Available to Our Rural and Minority Communities,
KY. BENCH & BAR, July 2007, at 15.
• The University of Louisville Law Clinic, KY. BENCH & BAR, November 2007, at 55.
• *Intellectual Property Rights and the Public Good: Universities Have Obligations to Developing
Countries, THE SCIENTIST, July 19, 2004, at 8.
• Column on Courtroom Silence Did Injustice to Thomas, MINNEAPOLIS STAR-TRIBUNE, December 23,
2000, at A23.
• What’s the Fix? Take Your Pick, WASH. POST, November 19, 2000, at B2.
• A Better, More Radical Way to Overhaul Minnesota Legislature, MINNEAPOLIS STAR-TRIBUNE, September
26, 1999, at A23.
• Militias Are Outdated, N.Y. TIMES, June 13, 1999, § 4, at 16 (letter to the editor).
• Food Safety Comes First, N.Y. TIMES, January 15, 1998, at A20 (letter to the editor).
• How Not to Pass New Laws, MINNEAPOLIS STAR-TRIBUNE, July 25, 1998, at A17.
• It’s Time to Break the Myth That Family Farming Is Somehow More Virtuous, ST. CLOUD (MINN.)
VISITOR, September 18, 1997, at 7.
• Public Law Enriches First Year Curriculum, U. MINN. L. ALUM. NEWS, Spring 1997, at 11 (with
Philip P. Frickey).
• Reply to Agroecological Opium: A Comment, CHOICES, Spring 1996, at 43.
• The Agroecological Opium of the Masses, CHOICES, Winter 1995, at 16.
• A Nominee Who Won’t Get Borked, MINNEAPOLIS STAR-TRIBUNE, June 6, 1994, at A13.
17

John Cross
Grosscurth Professor or Law
Intellectual property survey, international intellectual property law, the IPcompetition
law interface, copyright, law of design protection, authors' and
performers' rights, civil procedure, comparative constitutional law, conflict of
laws, federal courts, animal law
John Cross joined the Louisville faculty in 1987 after several years in private practice in Minneapolis.
Since coming to Louisville, he has taught and published in a wide variety of areas, ranging from
the first-year course in Civil Procedure to Native American Law. In recent years, he has increasingly
focused his efforts in two broad areas: intellectual property law (both domestic and international),
and adjectival law (Civil Procedure, Conflicts, Federal Jurisdiction, and Comparative Systems). Because
of his exemplary work in the intellectual property field, John was named the Grosscurth Chair
in Law
in 2005.
John's teaching interests reflect this same focus. He currently oversees the intellectual property
curriculum at Louisville, and teaches many of the courses in that curriculum, including the Intellectual
Property Survey, International Intellectual Property Law, The IP-Competition Law Interface,
Copyright, Design Protection, and Authors’ and Performers’ Rights. He also continues to teach
courses in adjectival law, especially the first-year Civil Procedure Course and the capstone course
in Federal Jurisdiction.
John's recent research parallels his teaching. This work has delved into various issues - both historic
and contemporary - in intellectual property. For example, a 2007 article explores whether the
growing legal protection for "moral rights" can be reconciled with the limits of the First Amendment's
free speech clause. A 2008 work analyzes whether nations might grant rights akin to more ordinary
intellectual property rights in “traditional knowledge” such as folk music or herbal medicine. John is
also the lead author on a well-received casebook for the first year Civil Procedure course.
Because of the broad scope of John's research, his work has been recognized both in the United
States and abroad. Most significantly, in 2006 he was awarded the degree of Doctor of Laws H.C.
from the University of Turku in Finland, in recognition of his significant contributions to legal scholarship.
He has also received two Fulbright awards (the maximum allowable), one in Finland (1995),
the other in Ireland (2000). John has been invited to teach classes and/or give lectures in a number
of foreign locales, including institutions in Argentina, Canada, Germany, England, Finland, Japan,
the Netherlands, Norway, and Sweden.
Books, Chapters, and Journal Articles
• Justifying Property Rights in Native American Traditional Knowledge, TEX. WESLEYAN L. REV.
(forthcoming 2009).
• *CIVIL PROCEDURE: CASES, PROBLEMS AND EXERCISES (2d ed. 2008).
• Competition Law and Copyright Misuse, 56 DRAKE L. REV. 427 (2008) (with Peter Yu).
• The Lingering Legacy of Trade-Mark Cases, 2008 MICH. ST. L. REV. 367.
18

John Cross
• Reconciling the “Moral Rights” of Authors with the First Amendment Right of Free Speech, 1
AKRON INTELLECTUAL PROP. J. 185 (2007).
• *CIVIL PROCEDURE: CASES, PROBLEMS, AND EXERCISES (2006).
• *TORTS: CASES, MATERIALS, PROBLEMS AND EXERCISES (2d ed. 2005).
• CIVIL PROCEDURE (2004).
• The Conduct-Regulating Exception in Modern United States Choice of Law, 36 CREIGHTON L.
REV. 425 (2003).
• Contributory and Vicarious Liability for Trademark Dilution, 80 OR. L. REV. 625 (2002).
• Suing the States for Copyright Infringement, 39 BRANDEIS L.J. 337 (2001).
• The Erie Doctrine in Equity, 60 LA. L. REV. 173 (1999).
• A Defense of Kentucky’s Approach to Choice of Law, 25 N. KY. L. REV. 553 (1998).
• Intellectual Property and the Eleventh Amendment After Seminole Tribe, 47 DEPAUL L. REV. 519
(1998).
*Indicates multiple coauthors.
19

20
Susan Duncan
Associate Professor of Law
Basic legal skills, administrative law, negotiable instruments, criminal law,
education law
Susan Hanley Duncan (formerly Kosse) received a B.A. from Miami University and a J.D. from the
University of Louisville. She joined the Brandeis School of Law faculty as an adjunct in 1997 and full
time in 2000. Her teaching and research interests are in lawyering skills and education law. Professor
Duncan's scholarship has focused primarily on the issues surrounding children, including the
need for anti-bullying laws and laws protecting children from pornography on the Internet.
Professor Duncan serves as chair of the Louisville Bar Association’s Communications committee.
Nationally, she holds leadership positions on several boards that focus on the development of new
legal writing professors. She is also a frequent presenter on legal writing and education law topics.
Professor Duncan has been a visiting Professor at the University KwaZulu-Natal, South Africa (April
7-April 18, 2008), as well as at the Johannes Gutenberg University, in Mainz Germany, at the University
of Leeds, England, and the University of Turku, Finland.
Books, Chapters, and Journal Articles
• My Space is Also Their Space: Ideas for Keeping Children Safe From Sexual Predators on Social
Networking Sites, 96 KY. L. J. 527 (2008).
• Pretrial Publicity in High Profile Trials: An Integrated Approach to Protecting the Right to a Fair
Trial and the Right to Privacy, 34 OHIO N.U. L. REV. 755 (2008).
• Race, Riches & Reporters — Do Race and Class Impact Media Rape Narratives? An Analysis of
the Duke Lacrosse Case, 31 S. ILL. U. L.J. 243 (2007).
• A Missed Opportunity to Abandon the Reasonable Observer Framework for Sacred Text Cases:
McCreary County v. ACLU of Kentucky and Van Orden v. Perry, 4 FIRST AMEND. L. REV. 139 (2006).
• How Best to Confront the Bully: Should Title IX or Anti-Bullying Statutes Be the Answer?, 12
DUKE J. GENDER L. & POL’Y 53 (2005) (with Robert H. Wright).
• Try, Try Again–Will Congress Ever Get It Right? A Summary of Internet Pornography Laws Protecting
Children and Possible Solutions, 38 U. RICH. L. REV. 721 (2004).
• Virtual Child Pornography- A United States Update, 9 J. OF COMPUTER, MEDIA AND TELECOMM. L.
39 (2004).
• How Judges, Practitioners, and Legal Writing Teachers Assess the Writing Skills of New Law
Graduates: A Comparative Study, 53 J. LEGAL EDUC. 14 (2003) (with David T. ButleRitchie).
• Expedited Appeals in Kentucky, 4 J. APP. PRAC. & PROCESS 225 (with Kristen Miller).
• Student Designed Web Pages — Does Title IX or the First Amendment Apply?, 43 ARIZ. L. REV.
905 (2001).
• What Happens When The Internet Becomes X-Rated: How Do We Keep It Safe For Our Children,
4 J. OF CATHOLIC EDUC. 514 (2001).
Other Publications
• Crafting Analogies and Distinctions That Work, KY. BENCH & BAR, November 2008, at 32.

Susan Duncan
• From Armbands to MySpace to Cell Phones: Interesting School Laws Cases From Across the
Country, KY. BENCH & BAR, November 2008, at 20.
• Common Writing Problems, KY BENCH & BAR, January 2006, at 24.
• Thesis Paragraphs, KY BENCH & BAR, November 2006, at 58.
• *How Do I Cite…?, KY BENCH & BAR, January 2005, at 25.
• *The Law Firm Experience, 20 THE SECOND DRAFT 15.
• Perfect Presentations-Our Experts Offer Sound Advice, LOUISVILLE BAR BRIEFS, October 2004, at
24.
• Six Tips For Making Briefs More Persuasive, KY BENCH & BAR, November 2004, at 43.
• The Rx for Burnout: Serve Others, 18 THE SECOND DRAFT: BULLETIN OF THE LEGAL WRITING INSTI-
TUTE 15 (2004).
• Buffalo Creek Prevents Legal Writing Class Disaster, THE LAW TEACHER, Spring 2003, at 14.
• *Lessons from the Past- A History of American Law in Times of Crises, KY BENCH & BAR, January
2002, at 10.
• Let Bush and Gore Teach Persuasion, 16 THE SECOND DRAFT 5 (2001).
• Putting One Foot in Front of the Other: Teaching Text-Based Research Before Exposing Students
to Computer-Assisted Legal Research, PERSPECTIVES, Winter 2001, at 69 (with David T.
Butlerichie).
• Teaching Negotiable Instruments Can Be Fun, THE LAW TEACHER, Fall 2000, at 9.
• Teaching Legal Analysis to the Seers, Hearers & the Doers, THE SECOND DRAFT, May 2000, at 4.
*Indicates multiple coauthors.
21

David J. Ensign
Director of the Law Library
Copyright seminar, domestic relations, legal research
As Director of the Law Library, Professor Ensign is responsible for all aspects of library administration,
including policies and procedures, and book selection.
Ensign joined the faculty in 1989 and served as the law school's acting dean from 2005 until January
2007. Prior to joining the University of Louisville, he was Associate Director and Head of Public
Services at Washburn University School of Law Library in Topeka.
Books, Chapters, and Journal Articles
• *KENTUCKY LEGAL RESEARCH (forthcoming 2009).
Other Publications
• Public Performances, KY. LIBRARIES, Winter 2002, at 6.
• Distributing Copyrighted Text Online, KY. LIBRARIES, Winter 2001, at 12.
• Legal Liability for Linking, 5 COPYRIGHT & NEW MEDIA LAW NEWSLETTER 3 (2001).
• Self-Service Photocopiers, KY. LIBRARIES, Spring 2001, at 10.
• Unpublished Works, KY. LIBRARIES, Summer 2001, at 12.
• Causes of Action Related to Copyright, KY. LIBRARIES, Fall 2000, at 14.
• International Copyright Issues, KY. LIBRARIES, Summer 2000, at 12.
• Sonny Bono Copyright Term Extension Act, KY. LIBRARIES, Winter 2000, at 16.
• Subject Matter of Copyright, KY. LIBRARIES, Spring 2000, at 15.
• Digital Millennium Copyright Act, KY. LIBRARIES, Winter 1999 at 22.
• West’s Copyright Claim to Star Pagination Denied by Second Circuit, AALL SPECTRUM, July
1999, at 12.
• Compilations and Collective Works, Part II, KY. LIBRARIES, Fall 1998 at 12.
• First Sale Doctrine, KY. LIBRARIES, Summer 1998 at 18.
• Permission to Use Photographs, KY. LIBRARIES, Spring 1998 at 8.
• Works Published Under the 1909 Act, KY. LIBRARIES, Winter 1998 at 10.
*Indicates multiple coauthors.
22

Linda S. Ewald
Professor of Law
Professional responsibility, domestic relations, externships, civil procedure,
selected problems in the practice of law, employment discrimination
Professor Linda Sorenson Ewald has been a member of the University of Louisville Brandeis School
of Law faculty for over 30 years. For nearly half that time, she also held administrative positions, first
as Associate Dean for Academic Affairs and most recently as Associate Dean for External Affairs.
Professor Ewald's academic interests in professional responsibility are reflected in her teaching
and scholarship, as well as her extensive service to the community and profession.
Professor Ewald's current teaching interests are family law, the legal profession and ethics. In all of
her teaching, she incorporates lawyering skills and professional responsibility issues. Her strong
belief in the importance of teaching skills and professionalism is also reflected in her supervision of
the extern program and the leadership role she has played in the development of the Greenebaum
Public Service Program, the Brandeis Inn of Court Partners in Professionalism and the in-house
clinic. Her scholarship interests have focused on lawyer advertising, restrictive covenants in the legal
profession, the role of continuing education in developing professionalism and child custody
and relocation.
In addition to her teaching and service to the law school, Professor Ewald has been actively involved
in the larger University community, having served on the University Strategic Planning Committee
and Faculty Senate and as a the faculty member on the Presidential Search Committee. Her
professional activities include service as a member of the Kentucky Bar Foundation Board, the
Kentucky Judicial Nominating Commission, the KBA Ethics 2000 Commission and the Louisville
and Jefferson County Public Defender Board. In 1998 she was appointed vice-chair of the KBA Ethics
Committee and has served as chair since 2002. In that capacity, she drafts formal ethics opinions
and oversees the activities of the Ethics Hotline. Professor Ewald is a frequent ethics speaker
at local, state and national conferences. She also is actively involved in the American Bar Association
Section on Legal Education and the Association of American Law Schools, having served as
an accreditation site evaluator since 1980. Professor Ewald's service to the University, community
and profession has been recognized through a number of awards, including the Kentucky Bar Association
Justice Thomas Spain Award, the University of Louisville Lifetime Service Award, the Law
Alumni Award, the Jefferson County Women Lawyer's Association Award and the University of Louisville
Distinguished Service Award.
Professor Ewald is a graduate of the University of Louisville (JD) where she was an associate editor
of the Journal of Family Law. She also is a graduate of New York University School of Law, where
she received an LL.M degree.
Books, Chapters, and Journal Articles
• Agreements Restricting the Practice of Law: A New Look at an Old Paradox, 26 J. LEGAL PROF. 1
(2002).
23

Linda S. Ewald
Other Publications
• Remembering Thurgood Marshall, KY BENCH & BAR, September 2004, at 10.
• The Changing Face of the Legal Profession: Past Progress and Future Challenges, KY. BENCH &
BAR, May 1999, at 26 (with Kathleen S. Bean).
24

Judith D. Fisher
Assistant Professor or Law
Basic legal skills, women and the law
Professor Fischer received her B.A. and M.A. in English from Bradley University and her J.D. from
Loyola Law School in Los Angeles. She then became a partner in a large litigation firm in Los Angeles
and Long Beach, California. After teaching at the University of Cincinnati and Chapman University,
she joined the faculty at the University of Louisville’s Louis D. Brandeis School of Law in 2000.
She teaches legal writing and women and the law.
Professor Fischer serves on the editorial boards of Legal Writing: The Journal of the Legal Writing
Institute and Kentucky's Bench and Bar Journal. She has presented programs on legal writing at
national conferences and has taught continuing legal education courses in Kentucky, California,
and Ohio, and Oregon. She has also lectured at universities in Australia, South Africa, Germany,
Finland, and the United Kingdom.
Professor Fischer's scholarship includes articles on legal writing, advocacy, women and the law,
and law school teaching. Her 2005 book Pleasing the Court: Writing Ethical and Effective Briefs examines
professionalism in legal writing through numerous examples of judges' reactions to lawyers'
errors. Her most recent project was a study of federal appellate judges' use of gender-neutral language.
Books, Chapters, and Journal Articles
• Framing Gender: Federal Appellate Judges’ Choices about Gender-Neutral Language, U.S.F. L.
REV. (forthcoming 2009).
• Got Issues? An Empirical Study about Framing Them, J. ASS’N LEGAL WRITING DIR. (forthcoming
2009).
• Texts, Lies and Changed Positions: Review of The Little Book of Plagiarism, 16 PERSPECTIVES:
LEGAL RESEARCH & WRITING 26 (2007) (reviewing RICHARD POSNER, LITTLE BOOK OF PLAGIARISM
(2007).
• Why George Orwell’s Ideas about Language Still Matter for Lawyers, 68 MONT. L. REV. 129
(2007).
• God and Caesar in the Twenty-First Century: What Recent Cases Say about Church-State Relations
in England and the United States, 18 FLA. J. INTL. L. 485 (2006) (with Chloë J. Wallace).
• Implications of Recent Research on Student Evaluation of Teaching, 17 MONT. PROFESSOR 11
(2006).
• PLEASING THE COURT: WRITING ETHICAL AND EFFECTIVE BRIEFS (2005).
• *The Law Firm Experience, 20 THE SECOND DRAFT 15 (2005).
• Minding the Gaps in Pornography Law, 10 NEXUS 31 (2005).
• How to Improve Student Ratings in Legal Writing Views from the Trenches, 34 U. BALT. L. REV.
199 (2005).
*Indicates multiple coauthors.
25

Judith D. Fischer
• The Role of Ethics in Legal Writing: Forensic Embroiderer, The Minimalist Wizard, and Other Stories,
9 THE SCRIBES J. OF LEGAL WRITING 77 (2004).
• The Use and Effects of Student Ratings in Legal Writing A Plea for Holistic Evaluation of Teaching,
10 LEGAL WRITING 111 (2005).
• Public Policy and the Tyranny of the Bottom Line in the Termination of Older Workers, 53 S.C. L.
REV. 211 (2002).
• A Century in the life of a Lawyer: Reflections by Joseph A. Ball, 36 CAL. W. L. REV. 77 (1999)
(with Joseph A. Ball).
• Misappropriation of Human Eggs and Embryos and the Tort of Conversion: A Relational View,
32 LOY. L.A. L. REV. 381 (1999).
• Walling Claims In or Out: Misappropriation of Human Gametic Material and the Tort of Conversion,
8 TEX. J. WOMEN & L. 143 (1999).
• Portia Unbound: The Effects of a Supportive Law School Environment on Women and Minority
Students, 7 UCLA WOMEN’S L.J. 81 (1996).
Other Publications
• Add Punch to Your Writing, KY BENCH & BAR, May 2008, at 80.
• Dismiss Those Sixth-Grade Hobgoblins, KY. BENCH & BAR, May 2007, at 69.
• Avoiding Plagiarism in Legal Documents, KY BENCH & BAR, May 2006, at 68.
• The Legal Writing Posters at the AALS Conference, AALS SECTION ON LEGAL WRITING, REASONING,
AND RESEARCH NEWSLETTER, Spring 2006, at 4.
• *How do I cite…?, KY BENCH AND BAR, January 2005, at 25.
• Streamline Your Writing, KY BENCH & BAR, July 2005, at 38.
*Indicates multiple coauthors.
26

Grace M. Giesel
James R. Merritt Professor and Distinguished Teaching Professor
Contract law, professional responsibility, contract drafting
Professor Giesel's scholarly interests include contract law issues and professional responsibility issues
with particular focus on the nature of the relationship of attorney and client, in-house counsel,
the attorney-client privilege, contracts and public policy, and areas in which professional responsibility
and contract law intersect such as the law of settlement contracts. Professor Giesel has authored
numerous articles on issues of professional responsibility and also on contract law matters.
Professor Giesel is a past chair of the Kentucky Bar Association Ethics Committee and is a frequent
speaker at Continuing Legal Education programs on professional responsibility issues. Professor
Giesel has also published practitioner-oriented articles about professional responsibility topics in
the Louisville Bar Association's publication, Bar Briefs.
A graduate of Yale University, Professor Giesel received her Juris Doctor degree, with distinction,
from Emory University School of Law. At Emory Professor Giesel was an editor of the Emory Law
Journal and was elected to the Order of the Coif. Professor Giesel clerked for the Honorable Boyce
F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit. After a brief career as a litigator,
Professor Giesel joined the faculty or the Louis D. Brandeis School of Law.
Books, Chapters, and Journal Articles
• MASTERING PROFESSIONAL RESPONSIBILITY (forthcoming 2009).
• Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship,
86 NEB. L. REV. 346 (2007).
• A Realistic Proposal for the Contract Duress Doctrine, 107 W. VA. L. REV. 443 (2005).
• CONTRACTS CONTRARY TO PUBLIC POLICY (Corbin on Contracts Vol. 15) (2003).
• Corporations Practicing Law Through Lawyers: Why the Unauthorized Practice of Law Doctrine
Should Not Apply, 65 MO. L. REV. 151 (2000).
• Enforcement of Settlement Contracts: The Problem of the Attorney Agent, 12 GEO. J. LEGAL ETH-
ICS 543 (1999).
• The Kentucky Ban on Insurers’ In-House Attorneys Representing Insureds, 25 N. KY. L. REV. 365
(1998).
• The Legal Advice Requirement of the Attorney-Client Privilege: A Special Problem for In-House
Counsel and Outside Attorneys Representing Corporations, 48 MERCER L. REV. 1169 (1997)
(reprinted in 48 DEF. COUNS. J. 103 (1999)).
• The Expanded Discretion of Lower Courts to Regulate Access to the Federal Courts After Wilton
v. Seven Falls Company: Declaratory Judgment Actions and Implications Far Beyond, 33 HOUS.
L. REV. 393 (1996).
• Defamation Liability for Attorney Speech: A Policy-Based and Civility-Oriented Reconsideration
of the Absolute Privilege for Attorneys, 10 GA. ST. U. L. REV. 431 (1994).
27

Grace M. Giesel
• The Business Client is a Woman: The Effect of Women as In-House Counsel on Women in Law
Firms and the Legal Profession, 72 NEB. L. REV. 760 (1993).
• The Ethics or Employment Dilemma of In-House Counsel, 5 GEO. J. LEGAL ETHICS 535 (1992).
• The Knowledge of Insurers and the Posture of the Parties in the Determination of the Insurability
of Punitive Damages, 39 KAN. L. REV. 355 (1991).
• A Proposal for a Tort Remedy for Insureds of Insolvent Insurers Against Brokers, Excess Insurers,
Reinsurers, and the State, 52 OHIO ST. L.J. 1075 (1991).
Other Publications
• Client Responsibility for the Torts of the Client’s Lawyer, LOUISVILLE BAR BRIEFS, June 2008, at
28.
• Ethics of Outsourcing Legal Services, LOUISVILLE BAR BRIEFS, August 2008, at 1.
• When the Criminal Client Intends to Commit Perjury, LOUISVILLE BAR BRIEFS, February 2008, at
24.
• Agreements that Restrict an Attorney’s Practice, LOUISVILLE BAR BRIEFS, February 2007, at 1.
• Nonrefundable Fees: The Substance, Not the Label, Matters, LOUISVILLE BAR BRIEFS, May 2007,
at 10.
• Required to Report Misconduct, LOUISVILLE BAR BRIEFS, November 2007, at 1.
• The Saga of the Selective Waiver Doctrine, LOUISVILLE BAR BRIEFS, August 2007, at 22.
• Business Transactions with Clients, LOUISVILLE BAR BRIEFS, May 2006, at 6.
• Ethics and Hourly Billing, LOUISVILLE BAR BRIEFS, February 2006, at 6.
• Multijurisdictional Practice: A Changing Landscape, LOUISVILLE BAR BRIEFS, August 2006, at 4.
• Restrictions on an Attorney’s Right to Practice, LOUISVILLE BAR BRIEFS, November 2006, at 6.
• Abuse of Process and Wrongful Use of Civil Process, LOUISVILLE BAR BRIEFS, August 2005, at 6.
• Ethical Issues and the Nonlawyer Employee, LOUISVILLE BAR BRIEFS, November 2005, at 1.
• Lawyer-Witness Rule, LOUISVILLE BAR BRIEFS, May 2005, at 7.
• Truth or Consequences, LOUISVILLE BAR BRIEFS, February 2005, at 1.
• Inadvertent Disclosure: A Cautionary Tale of a Speakerphone and a Voicemail Message, LOUIS-
VILLE BAR BRIEFS, November 2004, at 4.
• Judges Profile: The Honorable Boyce F. Martin, Jr., THE FED. LAWYER, Jan. 1998, at 18 (reprinted
in LOUISVILLE BAR BRIEFS, Feb. 1998, at 3).
28

Timothy S. Hall
Professor of Law
Contracts I and II, insurance law, psychiatry, mental health and the law
Professor Hall graduated from the University of Louisville School of Music in 1990 and Cornell Law
School in 1993. He joined the faculty of the University of Louisville Brandeis School of Law in 1999.
Before joining the Louisville faculty, he practiced law with the corporate law department and health
care law practice group of the law firm of Taft, Stettinius and Hollister in Cincinnati, Ohio and taught
at the Northern Kentucky University’s Chase College of Law. Professor Hall served as Associate
Dean from May 2006 to January 2009. Professor Hall serves on the University’s Institutional Review
Board and is an affiliated faculty member of the University’s Institute for Bioethics, Health Policy
and the Law.
Professor Hall regularly teaches courses in Contracts, Insurance Law and Mental Health Law, although
he has also taught Antitrust, Professional Responsibility, Health Policy and the Law, and Negotiable
Instruments. His research interests and publications are primarily in the fields of drug and
medical device liability and mental health law. He has presented scholarly work at regional, national
and international conferences. Recent articles by Professor Hall have appeared in the Seton Hall
Law Review and the South Carolina Law Review, among others. He has served as President of the
Central States Law School Association and Chair of the AALS Section on Mental Disability and the
Law.
Books, Chapters, and Journal Articles
• *Harry Potter and the Law, 12 TEX. WESLEYAN L. REV. 427 (2005).
• Using Film as a Teaching Tool in a Mental Health Law Seminar, 5 HOUSTON J. OF HEALTH L. &
POLICY 287 (2005).
• Mental Retardation and Criminal Culpability after Atkins v. Virginia, 29 DAYTON L. REV. 355
(2004).
• Reimagining the Learned Intermediary Rule for the New Pharmaceutical Marketplace, 35 SETON
HALL L. REV. 193 (2004).
• Mickey Mantle, in COURTING THE YANKEES: LEGAL ESSAYS ON THE BRONX BOMBERS 41 (Ettie Ward
ed. 2003).
• Bargaining with Hippocrates: Managed Care and the Doctor-Patient Relationship, 56 SOUTH
CAROLINA L. REV. 468 (2003).
• The Promise and Peril of Direct-to Consumer Prescription Drug Promotion on the Internet, 7
DEPAUL J. HEALTH CARE L. 1 (2003).
• Legal Fictions & Moral Reasoning: Capital Punishment and the Mentally Retarded Defendant
After Penry v. Johnson, 35 AKRON L. REV. 327 (2002).
*Indicates multiple coauthors.
29

Timothy S. Hall
• The Score as Contract: Private Law and the Historically Informed Performance Movement, 20
CARDOZO L. REV. 1589 (1999).
• Third-Party Payor Conflicts of Interest in Managed Care: A Proposal for Regulation Based on the
Model Rules of Professional Conduct, 29 SETON HALL L. REV. 95 (1998).
Other Publications
• Pegram v. Herdrich, HEALTH LAW NEWS, Sept. 2000, at 6.
30

Robin R. Harris
Public Services Librarian and Professor of Legal Bibliography
Photo of Robin R. Harris courtesy of Ewa Wojtkowska, TODAY'S WOMAN.
Robin R. Harris holds a B.A. and an M.A. in English from the University of Louisville, and an M.A.L.S.
from the University of Kentucky. She has worked in academic libraries for 26 years and held positions
including Instructional Services Librarian at Jefferson Community College, College of Business
Library Liaison at UofL, and Reference Librarian at UofL’s Ekstrom Library. As the Public Services
Librarian at the Brandeis School of Law, she oversees circulation, reference, and reserve, and conducts
library classes and tours.
For the past several years she has chaired the law school’s award-winning Diversity Committee. She
has represented the law school on a number of university boards and committees, including the Athletic
Association Board of Directors (6 years), the Faculty Senate Planning & Budget Committee (10
years), the President’s Planning Advisory Committee (2 years), and now serves on the President’s
Commission on Diversity and Racial Equality. From 2002-2004 she served as Chair of the President’s
Commission on the Status of Women, after serving a 2-year term as Vice Chair. During 2006-2007
she served on the Provost’s Strategic Planning Steering Committee which developed The 2020 Plan.
Ms. Harris was elected to Beta Phi Mu Honor Society in 1981 and belongs to several professional organizations,
including the American Association of Law Libraries and the Kentucky Library Association,
and is serving a 2-year term as editor of the KLA’s journal, Kentucky Libraries. She is one of the
founding organizers of the Kentucky Women’s Book Festival and is a founding member of the Louisville
Mandolin Orchestra, which has performed at the Kentucky Center for the Arts, the Brown Theatre,
and the Clifton Center in Louisville, and in festivals in many American and European cities.
Professor Harris received the 1999 President’s Distinguished Service Award for Service to the University
and the Community, the 2001 Brandeis Faculty Diversity Award, the 2006 President’s Distinguished
Faculty Award for Service to the University, and was named a U of L “Champion 4 Her” in
2008.
Books, Chapters, and Journal Articles
• Mandolin Orchestras, in THE ENCYCLOPEDIA OF LOUISVILLE 586 (2001) (with James Bates).
• H. L. Mencken: Addendum to Adler, 73 PAPERS BIBLIOGRAPHICAL SOC’Y OF AM. 355 (1979).
Other Publications
• CIO in Nontraditional Role Finds University Welcoming, THE WOMEN’S CTR. NEWS: A PUBL’N OF
THE UNIV. OF LOUISVILLE WOMEN’S CTR., Spring 2008, at 7.
• The Second Kentucky Women’s Book Festival: A Celebration of Women’s Reading and Writing,
THE OWL: NEWSLETTER FOR EMPLOYEES UNIV. LOUISVILLE LIBRARIES, February 2008, at 1.
• The Kentucky Women’s Book Festival: A Celebration of Women’s Reading and Writing, THE OWL:
NEWSLETTER FOR EMPLOYEES UNIV. LOUISVILLE LIBRARIES, September 2006, at 1.
31

Robin R. Harris
• The President’s Commission on the Status of Women: Ten Years of Progress, THE WOMEN’S CTR.
NEWS: A PUBL’N UNIV. LOUISVILLE WOMEN’S CTR., Fall 2005, at 6.
• Remembering the 1964 March on Frankfort, THE OWL: NEWSLETTER FOR EMPLOYEES UNIV. LOUIS-
VILLE LIBRARIES, February 2005, at 1.
• Sisters in Struggle: Women in the Civil Rights Movement, 1945-1975, THE OWL: NEWSLETTER FOR
EMPLOYEES UNIV. LOUISVILLE LIBRARIES, March 2005, at 1.
• The Law Library’s Salute to Black History, THE OWL: NEWSLETTER FOR EMPLOYEES UNIV. LOUISVILLE
LIBRARIES, February 2002, at 1.
• The Women’s Center, the Commission on the Status of Women, and the Women’s Studies Program:
U of L’s Commitment to Gender Equity, THE OWL: NEWSLETTER FOR EMPLOYEES UNIV. LOUIS-
VILLE LIBRARIES, March 2000, at 1.
• Metropolitan College: An Innovative Approach to Higher Education, THE OWL: NEWSLETTER FOR
EMPLOYEES UNIV. LOUISVILLE LIBRARIES, May 1999, at 1.
• Working for Diversity, THE OWL: NEWSLETTER FOR EMPLOYEES UNIV. LOUISVILLE LIBRARIES, February
1999, at 1.
• Profiles: Betty Voit, KY. LIBRARIES, Winter 1992, at 22.
• Profiles: David Horvath, KY. LIBRARIES, Summer 1992, at 22.
• Profiles: Tom Kirk, KY. LIBRARIES, Spring 1992, at 24.
• Profiles: Doris Batliner, KY. LIBRARIES, Winter 1991, at 14.
• Profiles: Kentucky’s Government and Citizen Delegates to the White House Conference, KY. LI-
BRARIES, Spring 1991, at 3.
• Profiles: Sallie M. Howard, KY. LIBRARIES, Fall 1991, at 4.
• Profiles: Barbara S. Miller, KY. LIBRARIES, Fall 1990, at 3.
• Profiles: Harriet Henderson, KY. LIBRARIES, Spring 1990, at 3.
• Profiles: Martha Alexander Bowman, KY. LIBRARIES, Summer 1990, at 3.
• Kentucky Statutes and Regulations: A Basic Roadmap, KY. LIBRARIES, Spring 1989, at 14.
• LAW LIBRARY USER’S MANUAL (1989) (with annual updates).
• Profiles: Gene Teitelbaum, KY. LIBRARIES, Winter 1989, at 3.
32

William A. Hilyerd
Associate Professor of Legal Bibliography
Legal research, advanced legal research, computers & the law
Will Hilyerd holds a B.S.B.A, a J.D., and a M.B.A. from the University of Louisville. He also holds a
M.L.S. from the University of Kentucky. He has been licensed to practice law in Kentucky since
1996. Will started his library career at the Legal Aid Society in downtown Louisville in 1996. In 1997,
he left Legal Aid to become the head librarian for the Kentucky Department of Public Advocacy and
in 2002 was promoted to Information Resources Branch Manager with the responsibility for overseeing
both the library and the Information Technology Department.
While at DPA, Will conducted regular presentations on legal research for DPA employees and visited
various prisons in Kentucky each year to teach the prison legal aides how to conduct legal research
as part of the Legal Aid Training Program. He has written bibliographies for The Advocate,
DPA’s professional journal, and was responsible for the creation of much of the DPA Internet page.
In December of 2002, Will decided to return to an academic career at the University of Louisville.
Since returning to U of L, Will has published several articles and conducted numerous Continuing
Legal Education Classes on Legal Research. He currently teaches Legal Research and Advanced
Legal Research for the law school and Computers and the Law for the undergraduate paralegal
program at U of L.
Books, Chapters, and Journal Articles
• *KENTUCKY LEGAL RESEARCH (forthcoming 2009).
• Hi Superman, I’m a Lawyer: A Guide to Attorneys (& Other Legal Professionals) portrayed in
American Comic Books: 1910-2007), WIDENER L. REV. (forthcoming 2009).
• Using the Law Library: A Guide for Educators Part VI: Working with Judicial Opinions & Other Primary
Sources, 35 J. LAW & EDUC. 67 (2006).
• Using the Law Library: A Guide for Educators- Part V: Finding Legal Materials By Topic, 34 J.L.
& EDUC. 533 (2005).
• Using the Law Library: A Guide for Educators-Part IV: Secondary Sources to the Rescue, 34 J.L.
& EDUC. 273 (2005).
• Using the Law Library: A Guide for Educators- Part III: Oh, Statute (or Regulation), Where Art
Thou? 34 J.L. & EDUC. 101 (2005).
• Using the Law Library: A Guide for Educators -- Part II: Deciphering Citations and Other Ways of
Finding Court Opinions, 33 J. L. & EDUC. 365 (2004).
• Using the Law Library: A Guide for Educators -- Part I: Untangling the Legal System, 33 J. L. &
EDUC. 213 (2004).
*Indicates multiple coauthors.
33

William A. Hilyerd
Other Publications
• IT in Legal Education: Computer Assisted Legal Research, KY BENCH & BAR, July 2007, at 26.
• Forensic Sciences Bibliography, THE ADVOCATE March 2001, at 61 (with Sara King).
• Key Criminal Justice Websites, THE ADVOCATE Nov. 2001, at 36.
34

James T.R. Jones
Professor of Law
Torts, decedents' estates, basic legal skills, written advocacy seminar, introduction
to legal study
James T.R. Jones received his B.A. from the University of Virginia in 1975 and his J.D. from Duke
University School of Law in 1978. Before entering an academic career, he clerked for a judge on
the United States Court of Appeals for the Fifth Circuit and a magistrate judge of the United States
District Court for the Middle District of Florida. In addition, he worked in private practice for firms in
New York and Florida. In 1985, he entered teaching as a Bigelow Teaching Fellow and Lecturer in
Law at the University of Chicago Law School. He joined the faculty of the Louis D. Brandeis School
of Law at the University of Louisville in 1986.
Professor Jones has written a number of articles, including seven on the use of tort law to enforce
the legal rights of domestic violence victims. He also has spoken extensively on this topic, most recently
in 2000 at the Symposium on Integrating Responses to Domestic Violence conducted at the
Loyola University of New Orleans School of Law and co-sponsored by that institution and the
American Bar Association Commission on Domestic Violence.
His research and teaching interests include domestic violence, with an emphasis on professional
liability, torts, decedents' estates, legal writing, written advocacy, and mental health in legal academia.
Since March 2008, Professor Jones has spoken extensively about living successfully with severe
mental illness to various professional associations and community groups.
Professor Jones belongs to the Florida Bar and the Legal Writing Institute.
Books, Chapters, and Journal Articles
• Surviving the Scourge of Schizophrenia: A Law Professor’s Story, 19 HASTINGS WOMEN’S L.J. 105
(2008) (reviewing ELYN SAKS, THE CENTER CANNOT HOLD: MY JOURNEY THROUGH MADNESS
(2007)).
• Walking the Tightrope of Bipolar Disorder: The Secret Life of a Law Professor, 57 J. LEGAL EDUC.
349 (2007).
• Integrating Domestic Violence Issues into the Law School Torts Curriculum, 47 LOYOLA LAW RE-
VIEW 59 (2001).
• Book Review, 73 TEMP. L. REV. 219 (2000) (reviewing ASSOCIATION OF LEGAL WRITING DIRECTORS
& DARBY DICKERSON, ALWD CITATION MANUAL: A PROFESSIONAL SYSTEM OF CITATION (2000)).
• Kentucky Tort Liability for Failure to Report Family Violence, 26 N. KY. L. REV. 43-65 (1999).
• Liability in Delict for Failure to Report Family Violence, 116 S. AFR. L.J. 371-85 (1999) (with Michael
L. Lupton).
• Battered Spouses’ Damage Actions Against Unresponsive South African Police, 114 S. Afr. L.J.
356 (1997).
35

James T.R. Jones
• Battered Spouses’ Damage Actions Against Non-Reporting Physicians, 45 DEPAUL L. REV. 191
(1996).
• Trains, Trucks, Trees and Shrubs: Vision-Blocking Natural Vegetation and a Landowner’s Duty
to Those Off the Premises, 39 VILL. L. REV. 601 (1994) (reprinted in 45 DEF. L.J. 463 (1996)).
Other Publications
• Community Challenge: Mental Illness, Stigma, and the Person in the Office Next Door, THE COU-
RIER JOURNAL, January 21, 2008, at A8.
• Severe Mental Illness in the Academy: A Secret Revealed, LOUISVILLE BAR BRIEFS, February
2008, at 10.
• Anna Nicole Smith and the Right to Control Disposition of the Dead, LOUISVILLE BAR BRIEFS, May
2007, at 24.
• Book Review, A Compelling Look at Schizophrenia, COURIER-JOURNAL, Sept. 15, 2007, at A9.
• Kentucky Addresses a Landowner’s Duty to Those Off the Premises: The Saga of Falling Trees,
LOUISVILLE BAR BRIEFS, June 2007, at 4.
• Reporting Sex Abuse Allegations, COURIER JOURNAL, January 3, 1996, at A7.
36

Karen A. Jordan
Professor of Law
Civil procedure, administrative law, evidence, religion & the constitution,
health care regulation, managed care, antitrust
Professor Jordan teaches primarily in the areas of civil procedure, evidence, and administrative
law. Her scholarly endeavors focus predominantly on regulatory law and policy issues, especially
as they relate to the allocation of power between the federal and state systems. Professor Jordan's
articles, which have been cited in federal court opinions and course textbooks, have appeared in
the Vanderbilt Law Review, Yale Journal on Regulation, Rutgers Law Journal, and Wake Forest Law
Review, among others.
Professor Jordan has been a frequent speaker at the Annual Health Law Teachers Conference
sponsored by the American Society for Law, Medicine and Ethics; and has contributed to forums
such as West Legal News, the Health Law News published by the University of Houston Health Law
and Policy Institute, and the employee benefits section of the Association of American Law
Schools. Professor Jordan also served as a Visiting Professor of Law for the Health Law and Policy
Program at Seton Hall University School of Law.
Before joining the faculty of the Brandeis School of Law, Professor Jordan was the Assistant Director
of the Center for Law and Health at Indiana University School of Law in Indianapolis. She also
received her Juris Doctorate degree, summa cum laude, from Indiana University, where she served
as an executive editor of the law review and participated in a federal court internship program. Professor
Jordan is a member of the American Society for Law, Medicine and Ethics, the American Bar
Association Health Law Forum and Section of Tort and Insurance Practice, and the Louisville Bar
Association.
Books, Chapters, and Journal Articles
• Opening the Door to Hard Look Review of Agency Preemption, W. NEW ENG. L. REV.
(forthcoming 2009).
• Agency Preemption and the Shimer Analysis: Unmasking Strategic Characterization By Agencies
and Giving Effect to the Presumption Against Preemption, 2008 WIS. L. REV. 69 (2008)
• ADMINISTRATIVE LAW QUESTIONS AND ANSWERS (2005) (with Russell L. Weaver).
• Recent Modifications to the Preemption Doctrine & Their Impact on State HMO Liability Laws, 1
IND. HEALTH L. REV. 51 (2004).
• Financial Conflicts of Interest in Human Subjects Research: Proposals for a More Effective
Regulatory Scheme, 60 WASH. & LEE L. REV. 15 (2003).
• Coverage Denials in ERISA Plans: Assessing the Federal Legislative Solution, 65 MO. L. REV.
405 (2000).
• Coverage of Emergency Services: Case Commentary, in ETHICAL CHALLENGES IN MANAGED CARE:
A CASEBOOK 41 (K.G. Gervais et al., 1999).
• Empirical Studies of Judicial Decisions serve an important role in the Cumulative Process of Policy
Making, 31 IND. L. REV. 81 (1998).
37

Karen A. Jordan
• The Shifting Preemption Paradigm: Conceptual and Interpretive Issues, 51 VAND. L. REV. 1149
(1998).
• *Serious Illness and Private Health Coverage: A Unique Problem Calling For Unique Solutions,
25 AM. J. L., MED. AND ETHICS 180 (1997).
• Tort Liability for Managed Care: The Weakening of ERISA’s Protective Shield, 25 AM. J. L., MED.
AND ETHICS 160 (1997).
• The Complete Preemption Dilemma: A Legal Process Perspective, 31 WAKE FOREST L. REV. 927
(1996).
• ERISA Pre-emption: Integrating Fabe into the Savings Clause Analysis 27 RUTGERS L.J. 273
(1996) (reprinted in 9 NAT’L INS. L. REV. (1998)).
• Traveler’s Insurance: New Support for the Argument to Restrain ERISA Pre-emption, 13 YALE. J.
ON REG. 255 (1996).
• Managed Competition & Limited Choice of Providers: Countering Negative Perceptions Through
a Duty to Select Quality Network Physicians, 27 ARIZ. ST. L.J. 876 (1995).
• Perpetual Conservation: Achieving the Goal Through Preemptive Federal Easement Programs,
43 CASE W. RES. L. REV. 401 (1993).
• Recent Developments in Indiana Tort Law, 26 IND. L. REV. 1159 (1993) (with Neal Lewis).
• Delimiting the Manufacturer’s Liability: An Examination of Loss of Consortium Recovery in Strict
Products Liability Actions Under Section 402A of the Restatement (Second) of Torts, 22 IND. L.
REV. 821 (1989).
Other Publications
• The Final Chapter (Maybe) in the Story of Preemption of HMO Accountability Under State Law,
HEALTH CARE MONTHLY, February 2004, at 15.
• Preemption of a state “legislatively created” right to sue HMOs for negligence, Corporate Health
Ins. Inc. v. Texas Dept. of Insurance, HEALTH CARE LAW MONTHLY, Apr. 1999, at 13.
• Geissal v. Moore Medical Corp., HEALTH LAW NEWS, September 1998, http://www.law.uh.edu/
healthlaw/news/09-1998.html.
38

Norvie L. Lay
Professor of Law
Conflict of laws, contracts, decedents' estates, federal income tax, estate
and gift tax, fiduciary income tax, tax procedure, estate planning, international
business transactions
Norvie L. Lay received a B.S. from the University of Kentucky, a J.D. from the University of Louisville,
and an LL.M. and S.J.D. from the University of Michigan. Since joining the Brandeis School of
Law faculty in 1964, Professor Lay has taught a wide variety of courses including conflicts, contracts,
decedents' estates, federal income tax, estate and gift tax, fiduciary income tax, tax procedure,
estate planning, and international business transactions. His research and writing has focused
on conflicts, tax and estate planning. His book, Tax and Estate Planning for Community
Property and the Migrant Client, has been used as a desk book for trust companies and estate
planners. He has served as a visiting professor at the Southwestern Law School, New York Law
School, and the University of Iowa.
Professor Lay is a member of the Louisville, Kentucky, American, and International Bar Associations
and currently serves on a number of committees in each association. He currently serves as a
member of the Board of Trustees of the Ministering to Ministers Foundation and St. Catherine College.
He is a member of the National Conference of Commissioners on Uniform State Laws; a Fellow
of the American College of Tax Counsel; and a Fellow of the American College of Trust and Estate
Planning Counsel.
Professor Lay is a frequent Lecturer at tax and estate planning groups, including major tax and estate
planning institutes, estate planning councils, and numerous other professional groups and inhouse
law firm programs. He has lectured in all fifty states, several Canadian provinces, Mexico,
Europe, Asia, South America, Australia, and Africa.
Books, Chapters, and Journal Articles
• Multi-State Problems In Estate Administration, in KENTUCKY ESTATE ADMINISTRATION 19-1 (4th ed.
2008).
39

40
David J. Leibson
Bernard Flexner Professor of Law
Uniform Commercial Code, torts, law and literature
David J. Leibson received his B.A. degree from Vanderbilt University, cum laude, and his J.D. from
the University of Louisville Brandeis School of Law, graduating first in his class. He has an LL.M.
from Harvard University. Professor Leibson came to the law faculty in 1971 as an adjunct instructor
and accepted a full-time position in 1972. He has been a full professor since 1977 and the Bernard
Flexner Professor of Law since 1989.
Professor Leibson teaches and writes in the areas of torts and the Uniform Commercial Code. He
co-authored The Uniform Commercial Code of Kentucky with his colleague, Professor Richard
Nowka. This book was originally published in 1983, and supplemented in 1987 and 1991. In 1992,
a second edition was published, and a third edition was completed in 2003. The book has been
cited in many Kentucky Court of Appeals and Supreme Court opinions. Professor Leibson is also
the co-author of The Perfect Repossession Checklist and the author of Kentucky Tort Law, which is
a part of West Publishing Company's Kentucky Practice series.
Professor Leibson has written several articles which have been cited in appellate court opinions
and course textbooks. He has been honored with outstanding teaching awards including the 1988-
89 Law Alumni Foundation Teaching Excellence Award, and as a Distinguished Alumnus of the law
school. Professor Leibson has been a visiting Professor of Law at McGeorge School of Law and
the University of Leeds, England, and the University of Western Sydney, Australia.
Books, Chapters, and Journal Articles
• KENTUCKY TORT LAW (2d ed. KY Practice Vol. 13, 2008) (as supplemented).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (3d ed. 2003) (as supplemented) (with Richard
Nowka).
• KENTUCKY TORT LAW (KY Practice Vol. 13, 1995) (as supplemented).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (2d ed. 1992) (as supplemented) (with Richard
Nowka).
• THE PERFECT REPOSSESSION CHECKLIST (1990) (with William Mapother).
• Handling Re-Presented Checks–Risky Business for Collecting and Payor Banks, 78 KY. L.J.
549 (1984).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (1983) (as supplemented) (with Richard Nowka).
• Recovery of Damages for Emotional Distress Caused by Physical Injury to Another, 15 J. FAM. L.
163 (1976-1977).
• Wrongful Dishonor Under the UCC–A Trip Through the Maze of 4-402, 8 AKRON L. REV. 317
(1976).
• Anticipatory Repudiation and Buyer’s Damages–A Look Into How the UCC Has Changed the
Common Law, 7 UCC L.J. 272 (1975).

Jill Wieber Lens
Visiting Assistant Professor of Law
Torts, evidence, remedies
Jill Wieber Lens joined the University of Louisville Louis D. Brandeis School of Law as a Visiting Assistant
Professor in July 2009. Professor Lens graduated from the University of Iowa College of Law
in 2005, is a member of the Order of the Coif, and received the West Publishing Company Award
for Outstanding Scholastic Achievement at graduation. She also served as a Note & Comment Editor
of the Iowa Law Review. Prior to entering academia, Professor Lens practiced commercial, appellate,
and class action litigation in St. Louis, Missouri.
Books, Chapters, and Journal Articles
• The (Overlooked) Consequence of Easing the Prohibition of Expert Legal Testimony in Professional
Negligence Claims, 48 U. LOU. L. REV. (forthcoming 2009).
• Note, Second Hand Choice: An Incompetent Pregnant Woman’s Constitutional Right to Choose
Abortion, 90 IOWA L. REV. 791 (2005).
41

Ariana R. Levinson
Assistant Professor of Law
Labor law, basic legal skills
Ariana Levinson joined the University of Louisville School of Law as a visiting assistant professor in
2007. At the close of 2008, she was invited to join the faculty as an assistant professor of law.
Prior to teaching at Louisville Law, Levinson taught at USC Gould School of Law and at UCLA
School of Law. Levinson clerked for the Honorable John G. Davies (United States District Court,
Central District of California) and for the Honorable Myra C. Selby (Supreme Court of Indiana) and
practiced labor law, including serving as a fellow for the AFL-CIO's Legal Department.
Levinson graduated magna cum laude from the University of Michigan Law School, where she was
on the Law Review.
Levinson's teaching and research interests are in Contracts; Labor Law; Alternative Dispute Resolution;
Employment Law; Employment Discrimination; Lawyering Skills; Trial Advocacy; and Evidence.
She is admitted to practice in Indiana and California.
Books, Chapters, and Journal Articles
• Industrial Justice: Privacy Protection for the Employed, 18 CORNELL J. L. & PUB. POL’Y
(forthcoming 2009).
• Lawyers as Problem-Solvers One Meal at a Time: A Review of Barbara Kingsolver’s Animal,
Vegetable, Miracle, 15 WIDENER L. REV. (forthcoming 2008).
• Lawyering Skills, Principles and Methods Offer Insight as to Best Practices for Arbitration, 60
BAYLOR L. REV. 1 (2008).
• Questioning the D.C. Circuit; Harmonizing Board Precedent: Why Mere Presence of an Organizer
Should Not Invalidate a Board Election, 7 U. Pa. J. Lab. & Emp. L. 463 (2005).
• Neither Prophets of Doom nor Facile Optimism, 25 REV. RADICAL POL. ECON., June 1993, at 132.
Other Publications
• Editing Tips for the Busy Attorney, KY BENCH & BAR, Nov. 2007, at 31.
42

43
Samuel A. Marcosson
Professor of Law
Constitutional law, criminal law, sexual orientation and the law, employment
discrimination, constitutional practice
Professor Marcosson graduated from Yale Law School in 1986. After clerking for Judge George C.
Pratt on the Second Circuit Court of Appeals, he joined the appellate staff at the Equal Employment
Opportunity Commission in Washington, D.C., where he spent the next eight years briefing and arguing
cases in the federal courts of appeals. During that time, Professor Marcosson also helped to
design and conduct the EEOC's training program for its employees after enactment of the Americans
with Disabilities Act before it went into effect in 1992.
Since joining the faculty, Professor Marcosson's research and writing has concentrated on constitutional
law (especially the Fourteenth Amendment), and the civil rights issues facing lesbians, gay
men, bisexuals, and transgendered people. He has served on the Board of Directors of the National
Lesbian and Gay Legal Association, and was the programming coordinator for its annual
conference in 1998. Professor Marcosson currently serves on the Board of the Fairness Campaign,
Louisville’s LGBT civil rights organization.
In 2002, Professor Marcosson published the book, Original Sin: Clarence Thomas and the Failure of
the Constitutional Conservatives. It takes a critical look at the record of the Supreme Court's most
conservative members, examining whether they have been consistent in applying their "originalist"
method of constitutional interpretation, especially in the landmark case deciding the presidential
election of 2000.
From 2004-2006, he served as the School of Law's Associate Dean for Student Life.
Books, Chapters, and Journal Articles
• The Special Status of Religion Under the First Amendment ... and What it Means For Gay Rights
and Anti-Discrimination Laws, in MORAL ARGUMENT, RELIGION, AND SAME-SEX MARRIAGE: ADVANC-
ING THE PUBLIC GOOD (forthcoming 2009).
• Client Counseling as an Ethical Obligation: Advising Employers Before They Discriminate, 33 N.
KY. L. REV. 221 (2006).
• Of Square Pegs and Round Holes: The Supreme Court’s Ongoing “Title VII-ization” of the Americans
with Disabilities Act, 8 UNIV. OF IOWA JOURNAL OF GENDER, RACE & JUSTICE 361 (2004).
• Multiplicities of Subordination: The Problem of Inter-Group Conflicts of Interest, 71 UMKC L. REV.
459 (2002).
• ORIGINAL SIN: CLARENCE THOMAS AND THE FAILURE OF THE CONSTITUTIONAL CONSERVATIVES (2002).
• Constructive Immutability, 3 U. PA. J. CONST. L. 646 (2001).
• Colorizing the Constitution of Originalism: Clarence Thomas at the Rubicon, 16 LAW & INEQ. 429
(1998).
• Romer and the Limits of Legitimacy: Stripping Opponents of Gay and Lesbian Rights of Their
“First Line of Defense” in the Same-Sex Marriage Fight, 35 J. CONTEMP. L. 217 (1998).

Samuel A. Marcosson
• The Lesson of the Same-Sex Marriage Trial: The Importance of Pushing Opponents of Lesbian
and Gay Rights to Their “Second Line of Defense,” 35 J. FAM. L. 721 (1997).
• Before We Change the Subject…A Reply to Mr. Young, 64 UMKC L. REV. 117 (1995).
• A Price Too High: The Policy on Gays and Lesbians in the Military and the Inevitability of Intrusiveness,
64 UMKC L. REV. 59 (1995).
• The “Special Rights” Canard in the Debate Over Lesbian and Gay Civil Rights, 9 NOTRE DAME
J.L. ETHICS & PUB. POL’Y 137 (1995).
• Who Is “Us” and Who Is “Them”–Common Threads and the Discriminatory Cut-off of Health
Care Benefits for AIDS Under ERISA and the Americans with Disabilities Act, 44 AM. U. L. REV.
361 (1994).
• Harassment on the Basis of Sexual Orientation: A Claim of Sex Discrimination Under Title VII, 81
GEO. L.J. 1 (1992).
44

45
Kurt X. Metzmeier
Associate Director, Law Library
Legal research, legal history, advanced legal research
Kurt Metzmeier has a B.A. and M.A. in History from the University of Louisville, an M.S.L.I.S. from
the University of Kentucky, and a J.D. from University of Louisville Louis D. Brandeis School of Law,
where he was a member of the Brandeis Honor Society and the editorial board of the University of
Louisville Journal of Family Law (the predecessor of the University of Louisville Law Review). He
has been a member of the Kentucky Bar since 1995.
Metzmeier was hired by the University of Louisville Law Library in 2000 as a legal reference librarian
and was promoted to associate librarian in 2002. Prior to entering law school, he held positions
as research historian at the Portland (Ky.) Historical Museum, and as project archivist at the Jefferson
County (Ky.) Office of Historic Preservation and Archives. He was hired as Reference/
Computer Systems Librarian at University of Kentucky College of Law Library in 1995 and served
from 1998 to 2000 as IT manager for the University of Kentucky College of Law.
Metzmeier has presented at a number of bar association, continuing legal education, and law library
conferences, including the annual conferences of the Kentucky Bar Association, the American
Association of Law Libraries and the Center for Computer Assisted Legal Instruction (CALI). He
has published widely in library, legal and historical journals, and served as managing editor and
principal author of the Kentucky Legal Research Manual, 3d (Lexington, UK/CLE, 2005) and United
At Last: The Judicial Article and the Struggle to Reform Kentucky's Courts (Frankfort, Ky.: Court of
Justice, 2006). He is an active member of several legal and library organizations including the
American Association of Law Libraries, Kentucky Library Association, American Bar Association,
Kentucky Bar Association, the Louisville Bar Association and the Kentucky Historical Society.
Books, Chapters, and Journal Articles
• *KENTUCKY LEGAL RESEARCH (forthcoming 2009).
• William Littell, in YALE BIOGRAPHICAL DICTIONARY OF AMERICAN LAW (Roger K. Newman ed. forthcoming
2009).
• Nursery of a Supreme Court Justice: The Library of James Harlan of Kentucky, Father of John
Marshall Harlan, 100 LAW LIBRARY J. 639 (2008) (with Peter Scott Campbell).
• *UNITED AT LAST: THE JUDICIAL ARTICLE AND THE STRUGGLE TO REFORM KENTUCKY’S COURTS (2006).
• Law in the Wilderness: An Annotated Bibliography of Legal Materials of Pre-Statehood Kentucky, in
PRE-STATEHOOD LEGAL HISTORY: A RESEARCH GUIDE TO THE FIFTY STATES, INCLUDING THE DISTRICT OF
COLUMBIA AND NEW YORK CITY 433 (Michael Chiorazzi & Margarite Most, eds., 2006).
• History of the Courts of Kentucky, United at Last: The Judicial Article and the Struggle to Reform
Kentucky’s Courts, KENTUCKY COURT OF JUSTICE, 2006, at 15.
• KENTUCKY LEGAL RESEARCH MANUAL (3d ed. 2005).
*Indicates multiple coauthors.

Kurt X. Metzmeier
• Family Law Resources in Law Libraries, 29 BLUEGRASS ROOTS: QUARTERLY JOURNAL OF THE KEN-
TUCKY GENEALOGICAL SOCIETY 124 (2003).
• KENTUCKY LEGAL RESEARCH MANUAL (2d ed. 2002).
• Using Legal History Resources in Researching Family History, 35 Kentucky Ancestors: Genealogical
Quarterly of the Kentucky Historical Society 141 (2002).
• Blazing Trails in a New Kentucky Wilderness: Early Kentucky Case Law Digests, 93 L. LIBRARY
J. 93 (2001).
• *KENTUCKY LEGAL RESEARCH MANUAL (2000).
• Kentucky Legal Research on the Internet, 86 KY. L.J. 971 (1997-1998).
• The Ethics of Disclosure: The Case of the Brown and Williamson Papers, 15 PROVENANCE: J.
SOC’Y OF GA. ARCHIVISTS 27 (1997).
• Preventive Detention: A Comparison of Bail Refusal Practices in the United States, England,
Canada and Other Common Law Nations, 8 PACE INT’L L. REV. 399 (1996).
• Note, The Power of an Incompetent Adult to Petition for Divorce Through a Guardian or Next
Friend, 33 U. LOUISVILLE J. FAM. L. 949 (1994-1995).
• Review of Operation Timber: Pages from the Savimbi Dossier, edited by William Minter, 24 INT’L
J. AFRICAN HISTORICAL STUDIES 626 (1991).
Other Publications
• An American Field Guide to Court-Watching: Researching Current Activities of the U.S. Supreme
Court, LOUISVILLE BAR BRIEFS, October 2008, at 10.
• The Damnedest Summer Reading List: History, Politics and Law in Kentucky, LOUISVILLE BAR
BRIEFS, July 2008, at 8.
• Following the Kentucky General Assembly: With Apologies to Niccolo Machiavelli and the ABC
Children’s Programming Division, LOUISVILLE BAR BRIEFS, April 2008, at 22.
• Frankfort Franks: Finding the Legislative History of Kentucky Statutes, LOUISVILLE BAR BRIEFS,
January 2008, at 18.
• Judges of the Kentucky Circuit Courts, 1831-1861, KENTUCKY ANCESTORS, Spring 2008, at 151.
• Book Review, NEWSLETTER OF THE LEGAL HISTORY & RARE BOOKS SPECIAL INTEREST SECTION, Fall
2007, at 28 (reviewing CALVIN H. JOHNSON, RIGHTEOUS ANGER AT THE WICKED STATES: THE MEAN-
ING FO THE FOUNDERS’ CONSTITUTION (2005)).
• The Grey Ghosts of Legal Literature: Furtive Government Reports and Forgotten CLE Materials,
LOUISVILLE BAR BRIEFS, October 2007, at 22.
• James Hughes: Kentucky’s First Nominative Reporter, NEWSLETTER OF THE LEGAL HISTORY & RARE
BOOKS SPECIAL INTEREST SECTION (American Association of Law Libraries), Summer 2007, at 1.
• Reading the Mind of Congress: Legislative History Research on the Internet, LOUISVILLE BAR
BRIEFS, January 2007, at 7.
• Who Asked the Attorney General His Opinion?, LOUISVILLE BAR BRIEFS, April 2007, at 6.
• You Can Look It Up: The Use of Dictionaries in Interpreting Statutes, LOUISVILLE BAR BRIEFS, July
2007, at 14.
• Better Than Government Work: Finding Federal Regulations on the Web, LOUISVILLE BAR BRIEFS,
January 2006, at 8.
*Indicates multiple coauthors.
46

Kurt X. Metzmeier
• History in the Law Library: Using Legal Materials to Explore the Past and Find Lawyers, Felons and
Other Scoundrels in Your Family Tree, LOUISVILLE BAR BRIEFS, April 2006, at 10.
• Location, Location, Location: Real Estate Research, LOUISVILLE BAR BRIEFS, October 2006, at 11.
• Summer Roundup: Unpublished Opinions, Casemaker, LOUISVILLE BAR BRIEFS, July 2006, at 7.
• The Big Gobble: The Consolidation of the Legal Publishing Industry and What It Means for Legal
Research, LOUISVILLE BAR BRIEFS, November 2005, at 1.
• Bloggers, Blawgs & Finding Current Law, LOUISVILLE BAR BRIEFS, July 2005, at 1.
• No Free Ride for the Mayor and Other Tales: Researching Kentucky Constitutional Law, LOUIS-
VILLE BAR BRIEFS, January 2005, at 11.
• Warning: Statutes Under Construction- Finding Good Case Law in Old Kentucky Statutes, LOUIS-
VILLE BAR BRIEFS, April 2005, at 24.
• Book Review, LEGAL INFORMATION ALERT, Apr. 2000, at 13 (reviewing LARRY E.COBEN, CRASHWOR-
THINESS LITIGATION (1999)).
• Book Review, LEGAL INFORMATION ALERT, May 1999, at 10 (reviewing ROBERT L. MADDEX, STATE
CONSTITUTIONS OF THE UNITED STATES (1998)).
• Book Review, LEGAL INFORMATION ALERT, Nov./Dec. 1999, at 14 (reviewing BNA BOOKS, ABA IN-
TELLECTUAL PROPERTY LAW SECTION WORKING PAPER ON CD (1999)).
• How to Avoid Losing Your License on the Information Superhighway: Ethical Issues Raised by
the Use of the Internet in the Practice of Law, KY. BENCH & BAR, Spring 1998, at 14.
• Product Review: West Group’s New KeyCite Electronic Citator Service, ORALL (OHIO REGIONAL
ASS’N OF LAW LIBRARIANS) NEWSLETTER, September 1997, at 1 (reprinted RIVERSIDE COUNTY (CAL.)
BAR ASS’N NEWSLETTER, December 1997, at 4.
• Review: AmLaw Tech: The American The American Lawyer’s Technology Magazine, LEGAL IN-
FORMATION ALERT, June 1996, at 9.
• My Old Kentucky Tomes: Observations on Building a Kentucky History Collection, KY. LIBRARIES,
Winter 1995, at 13.
• Looking for Lore in All the Right Places: Sources of History in Kentucky County Court Houses,
KY. LIBRARIES, Fall 1993, at 16.
47

Luke M. Milligan
Assistant Professor of Law
Criminal law, criminal procedure, jurisprudence, habeas corpus, information
privacy
Luke Milligan writes and teaches in the areas of criminal law, constitutional law, and jurisprudence.
Before entering academia, Milligan practiced law at Williams & Connolly in Washington,
D.C. He is a former law clerk to Judge Edith Brown Clement of the U.S. Court of Appeals for the
Fifth Circuit and Judge Martin L.C. Feldman of the U.S. District Court for the Eastern District of Louisiana.
While a law student at Emory University, Milligan was an articles editor of the Emory Law
Journal and worked with the Carter Center on post-conviction matters in Africa and Central Asia.
Milligan recently returned to Emory Law School as a visiting professor. In 2009 he will be a visiting
lecturer at Turun Yliopisto (University of Turku) in Finland.
Books, Chapters, and Journal Articles
• The Remains of Confessions Jurisprudence, REVUE INTERNATIONALE DE LANGUES JURIDIQUES ET
DE DROIT COMPARE (forthcoming 2008).
• Rethinking Press Rights of Access, 65 WASH. & LEE L. REV. (forthcoming 2008).
• The Presidential Power of the “Ongoing Criminal Investigation” Constraint: Getting Away with
Silence, 16 WM. & MARY BILL RTS. J. 747 (2008).
• The Source-Centric Framework to the Exclusionary Rule, 28 CARDOZO LAW REVIEW 2739
(2007).
• A Theory of Stability: John Rawls, Fetal Homicide, and Substantive Due Process, 87 BOSTON
UNIVERSITY LAW REVIEW 1177 (2007).
• The Fourth Amendment Rights of Trespassers: Search for the Legitimacy of the Government-
Notification Doctrine, 50 EMORY L.J. 1357 (2001).
48

Lisa H. Nicholson
Professor of Law
Business organizations, mergers & acquisitions, drafting, securities regulation,
negotiable instruments (UCC Articles 3 and 4), contracts I and II
Professor Nicholson joined the faculty at the University of Louisville, Louis D. Brandeis School of
Law in 2000 following seven years of combined experience. She practiced law with Kaye, Scholer,
Fierman, Hayes & Handler, LLP, New York, and served as Senior Counsel in the Enforcement Division
at the U.S. Securities and Exchange Commission. Professor Nicholson's research interests
concentrate on securities regulation and corporate law, including the professional responsibility of
lawyers in these settings. Her work has appeared in numerous journals, including Georgetown
Journal of Legal Ethics, Journal of Business and Technology Law, DePaul Business and Commer-
cial Law Journal, Maryland Law Review and Michigan State Law Review.
Professor Nicholson was a Visiting Professor at Boston College Law School during the Fall 2007 semester,
where she taught Commercial Law: Payment Systems and Mergers & Acquisitions. Professor
Nicholson was also a Visiting Professor of Law at the University of Richmond during the Spring
2008 semester, where she taught Corporations and Mergers & Acquisitions.
Books, Chapters, and Journal Articles
• Culture is the Key to Employee Adherence to Corporate Codes of Ethics, 3 J. BUS. & TECH. L.
449 (2008).
• The Culture of Under-Enforcement: Buried Treasure, Sarbanes-Oxley and the Corporate Pirate,
5 DEPAUL BUS. & COM. L. J. 321 (2007).
• Sarbanes-Oxley’s Purported Over-Criminalization of Corporate Offenders, 2 J. BUS. & TECH. L.
43 (2007).
• Making In-Roads to Corporate General Counsel Positions: It’s Only a Matter of Time?, 65 U. MD.
L. REV 625 (2006).
• SarbOx 307’s Impact on Subordinate In-House Counsels: Between a Rock and a Hard Place,
2004 MICH. ST. L. REV. 559 (2004).
• A Hobson’s Choice for Securities Lawyers in the Post-Enron Environment: Striking a Balance Between
the Obligation of Client Loyalty and Market Gatekeeper, 16 GEO. J. LEGAL ETHICS 91
(2002).
49

Richard H. Nowka
Wyatt Tarrant & Combs Professor of Law
Contracts, secured transactions, debtor-creditor law
Professor Nowka is currently researching issues relating to Revised Article 9 of the Uniform Commercial
Code. Soon to be published is a student handbook for UCC Article 9. His most recent article
examines the statute of limitations for secured creditors’ deficiency actions.
He served as a member of the Kentucky Legislature’s U.C.C. Study Commission and Drafting Committee
on Revised Article 9, and has spoken on Revised Article 9 seminars sponsored by the Kentucky
Bankers Association, the University of Kentucky College of Law, and the Louisville Bar Association.
His honors include the University of Louisville Distinguished University Teacher Award, the University
of Louisville's Provost's Award for Exemplary Advising, and the Law Alumni/ae Excellence in
Teaching Award.
Outside the law school, Professor Nowka engages in activities that focus on service to the community.
He is a fifteen-year board member of the Legal Aid Society, serving as board chair in 2002.
He works with Project Warm to winterize homes of the elderly, disabled, or persons of limited income.
Books, Chapters, and Journal Articles
• The Secured Party Fiddles While the Article 2 Statute of Limitations Clock Ticks–Why the Article
2 Statute of Limitations Should Not Apply to Deficiency Actions, 7 FLA. ST. BUS. L. REV. 1 (2008).
• eBay Auctions of Repossessed Motor Vehicles- A Template for Commercial Reasonableness
Under Revised Article 9, 31 S. ILL. U. L.J. 281 (2007).
• Collateral Conflict Role Play” Exercise, in TEACHING THE LAW SCHOOL CURRICULUM 360 (Steven
Friedland & Gerald F. Hess eds., 2004).
• Minor Errors in “In-Lieu-Of” Statements Under UCC Section 9-706: Did the Drafters of Revised
Article 9 Forget the Safety Net?, 42 BRANDEIS L.J. 721 (2004).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (3d ed. 2003) (as supplemented) (with David J.
Leibson).
• Section 9-320(a) of Revised Article 9 and the Buyer in Ordinary Course of Pre-Encumbered
Goods: Something Old and Something New, 38 BRANDEIS L.J. 9 (2000).
• Does Policy Prevail Over the Plain Meaning of a Statute?, 24 N. KY. L. REV. 273 (1997).
• Validating a Debtor’s Retention of Collateral, 6 J. BANKR. L. & PRAC. 145 (1997).
• Kentucky Employees Wage Liens: A Sneak Attack on Creditors, But Beware of the Bankruptcy
Trustee, 84 KY. L.J. 317 (1996) (with Jeff S. Taylor).
• Priority Status of a Warehouse Lien: Is the Comment Waging the Code?, 28 UCC L.J. 34 (1995).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (2d ed. 1992) (as supplemented) (with David J.
Leibson).
50

Richard H. Nowka
• The Nonsurety Comaker’s Right to Discharge, 10 J.L. & COM. 75 (1990).
• Debtor’s Right to Avoid Nonpossessory, Nonpurchase-money Security Interests: Effect of State
Lien Conservation Statutes, 18 UCC L.J. 127 (1985).
• Survey of Commercial Law, 73 KY. L.J. 315 (1985).
• Survey of Commercial Law, 72 KY. L.J. 337 (1984).
• THE UNIFORM COMMERCIAL CODE OF KENTUCKY (1983) (as supplemented) (with David J. Leibson).
51

Emily W. Parento
Visiting Assistant Professor of Law
Introduction to health law
Emily Whelan Parento joined the University of Louisville Louis D. Brandeis School of Law as a Visiting
Assistant Professor in July 2009. Professor Parento graduated magna cum laude, Order of the
Coif, from Georgetown University Law Center, where she was Executive Editor of The Tax Lawyer.
Prior to joining the faculty, Professor Parento was a litigation associate in private practice, first at
Davis Polk & Wardwell in New York and Menlo Park, California, and then at Stites & Harbison in
Louisville. Her practice included securities and acquisition-related litigation, as well as antitrust
and general commercial litigation. Professor Parento was also a judicial clerk to Judge John G.
Heyburn II in Louisville. Most recently, she served as the Executive Director of a nonprofit organization
dedicated to preventing colon cancer through timely screening of at-risk populations. Professor
Parento is presently pursuing a doctorate in public health, focusing on health promotion.
Professor Parento’s research focuses on the intersection between law and policy as regards various
health initiatives, with a particular emphasis on obesity prevention and mitigation efforts. She
is currently researching the many versions of menu labeling regulations enacted and under consideration
in various jurisdictions around the United States and internationally. She is also exploring
the strategic use of ordinances restricting the density of certain types of food establishments.
Books, Chapters, and Journal Articles
• Overview of Federal Transfer Taxes, in FLORIDA ESTATES AND PROBATE PRACTICE GUIDE (2006).
• Note, Allowing Sales Between Related Parties In Closely Held Corporations To Evidence Fair
Market Value: A Departure From The Norm In Morrissey v. Commissioner, 56 TAX LAW. 347
(2002).
52

Cedric Merlin Powell
Professor of Law
Evidence, criminal law, professional responsibility, constitutional law, race
and the law
Cedric Merlin Powell received his B.A. with Honors in Government from Oberlin College in 1984
and his J.D. in 1987 from New York University School of Law, where he served as Managing Editor
of The N.Y.U. Review of Law and Social Change. Prior work experiences include a judicial clerkship
with the Honorable Julia Cooper Mack of the D.C. Court of Appeals from 1987-88, a one-year term
as Karpatkin Fellow in the national office of the American Civil Liberties Union in New York from
1988-89, and as a litigation associate with the New York law firm of Skadden, Arps, Slate, Meagher
& Flom from 1989-93. He is a member of the Ohio and New York state bars, and is admitted to
practice before the Supreme Court of the United States, and the federal courts of the Second and
Sixth Circuits, and the Southern and Eastern Districts of New York.
Professor Powell has written over a broad range of topics including affirmative action, and the First
Amendment and hate speech, the Religious Freedom Restoration Act, and school desegration. His
current research focuses on developing an analytical framework for critiquing constitutional neutrality
under the Fourteenth Amendment (color-blindness) and the First Amendment 's Free Speech
Clause.
Professor Powell was awarded the Ferreri & Fogle Fellowship for teaching in 1998, 2000-2001 and
again in 2007. He was the recipient of the Ann Oldfather fellowship in 2006, and he won the University
Multicultural Teaching Award in 2000.
Books, Chapters, and Journal Articles
• Schools, Rhetorical Neutrality, and the Failure of the Colorblind Equal Protection Clause, RUT-
GERS RACE & L. REV. (forthcoming 2009).
• Missouri v. Jenkins, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES 314
(Tennenhaus, et al. eds., 2008).
• New York Times v. United States, in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES
404 (Tennenhaus, et al. eds., 2008).
• The Future of Integration in America: A Symposium Summary, 46 U. LOUISVILLE L. REV.
(forthcoming 2008).
• Rhetorical Neutrality: Colorblindness, Frederick Douglass, and Inverted Critical Race Theory, 56
CLEV. ST. L. REV. (forthcoming 2008).
• The Rhetoric of Colorblind Constitutionalism: Individualism, Race and Public Schools in Louisville,
Kentucky, 112 PENN. STATE L. REV. 947 (2008) (with Enid Trucios-Haynes).
• The Scope of National Power and the Centrality of Religion, 38 BRANDEIS L J. 643 (2000).
• Hopwood: Bakke II and Skeptical Scrutiny, 9 SETON HALL CONST. L. J. 811 (1999).
• Blinded by Color: The New Equal Protection, The Second Deconstruction, and Affirmative Inaction,
51 U. MIAMI L. REV. 191 (1997).
• Speaking Truth to Power: The Jurisprudence of Julia Cooper Mack, 40 HOWARD L.J. 399 (1997).
53

Cedric Merlin Powell
• The Mythological Marketplace of Ideas: R.A.V., Mitchell, and Beyond, 12 HARV. BLACKLETTER
L.J. 1 (1995).
Other Publications
• Op-ed, A Constitutional Crisis in the Commonwealth, COURIER-JOURNAL, Aug. 11, 2008, at A8.
• Op-ed, Public Advocacy Right to Reduce Caseload, LEXINGTON HERALD-LEADER, Aug. 18, 2008,
at A7.
• Op-ed, A Narrow Crack in the Schoolhouse Door, LEO, July 4, 2007, at 9.
54

Edwin R. Render
Professor of Law
Property, evidence, labor law
Professor Render has been a member of the law faculty since 1968. Prior to joining the University of
Louisville, he was a staff attorney with the U.S. Atomic Energy Commission from 1962 to 1965, an
Assistant U.S. Attorney from 1965 to 1967, and an associate with Greenebaum Barnett Wood & Doll
from 1967 to 1968. He is the faculty director of the clinical externship program and teaches in the
areas of evidence and labor law.
Professor Render received his B.A. from Western Kentucky University, his LL.B. from Vanderbilt
University and a LL.M. degree from Harvard University in 1970. He is an active member of the Louisville
and American Bar Associations, the Louisville Labor Management Committee, the American
Arbitration Association and the National Academy of Arbitrators. Professor Render is on the Executive
Board of the U.S. Branch of the International Society of Labor Law and Social Security. He is
also the editor of the Bulletin of that organization. His University and School of Law activities have
included serving as a hearing officer for staff grievances, and committee membership on the Faculty
Recruitment Committee, the Distinguished Teaching Award Committee and the University Academic
Review Committee. During his career at the University of Louisville he has taught Property,
Evidence, Labor Law and directed the Law School's externship programs.
Professor Render's recent publications and research have focused on labor law issues. In recent
years Professor Render has published articles in the Comparative Labor Law and Policy Journal,
the Journal of Employment and Labor Law, and the California Western Journal of International Law.
He is a founding member of the law school's Carl A. Warns Labor and Employment Law Institute.
Books, Chapters, and Journal Articles
• FRANK ELKOURI, HOW ARBITRATION WORKS (Alan Miles Ruben ed., 6th ed. 2003) (Edwin R. Render,
contributor, with multiple co-contributors).
• ARBITRATION (WORK IN AMERICA: AN ENCYCLOPEDIA) (2002).
55

Laura Rothstein
Professor of Law and Distinguished University Scholar
Disability law, property law, torts
Laura Rothstein, joined the Louis D. Brandeis School of Law at the University of Louisville as Professor
of Law and Dean in 2000 (serving as dean until 2005). In 2006, she was appointed by the University
of Louisville as a Distinguished University Scholar.
Entering the field of disability discrimination law in 1979, she is one of the founding scholars in the
area, and has written eleven books and numerous book chapters, articles, and other works on disability
discrimination. Her work covers all aspects of disability discrimination, but focuses on issues
in higher education, legal education, and special education. School choice and students with disabilities,
genetic testing and students with disabilities, mental illness in the workplace, students with
learning disabilities in higher education are among the topics on which she has written and lectured.
She has served legal education and higher education in this area through her service as
chair of the AALS Special Committee on Disability Issues, chair of the AALS/ABA/LSAC/NCBE National
Conference on Disability Issues, founding co-chair of the AALS Section on Disability Law,
and LSAC and ABA Section of Legal Education and Admission to the Bar committee appointments.
Professor Rothstein has engaged in extensive service to the arena of law school admissions, serving
twice as a member of the Law School Admission Council Board of Trustees, and in many committee
capacities within LSAC. Included in this service was her work as an outreach lecturer for
LSAC on the appropriate use of the LSAT.
She has also engaged in efforts to promote gender and racial diversity within legal education and
the legal profession. She has served as chair of the AALS Women and the Law Section, and is currently
in her fourth year of service as chair of the American Bar Association Section of Legal Education
Diversity Committee. She is also a member of the Louisville Bar Association Diversity Committee.
In recent years, through her role as faculty liaison for the Central High School Partnership, she
has been engaged in building an enhanced program, which will serve as a pipeline to law school.
As a member of the LSAC/ABA Pipeline Outreach Planning group, she has worked to enhance programs
nationally that will increase the pipeline of underrepresented populations to the legal profession.
Immediately before coming to the University of Louisville, she was a Law Foundation Professor of
Law and Associate Dean for Graduate Legal Studies at the University of Houston, where she also
served as Associate Dean for Student Affairs. She earned her bachelor's degree in political science
from the University of Kansas and her doctor of jurisprudence from Georgetown University.
Books, Chapters, and Journal Articles
• SPECIAL EDUCATION LAW (forthcoming 2009) (with Scott F. Johnson).
56

Laura Rothstein
• Law Students and Lawyers with Mental Health and Substance Abuse Problems: Protecting the
Public and the Individual, 69 U. PITT. L. REV. 531 (2008).
• Strategic Advocacy in Fulfilling the Goals of Disability Policy: Is the Only Question How Full the
Glass Is?, 13 TEX. J. C.L. & C.R. 403 (2008).
• Southeastern Community College v. Davis: The Prequel to the Television Series ER, in EDUCA-
TION STORIES 197 (M. Olivas & R. Schneider eds., 2007).
• *Licensing and Physician Mental Health: Problems and Possibilities, J. of MED. LICENSURE & DIS-
CIPLINE, Spring 2007, at 6.
• Millennials and Disability Law: Revising Southeastern Community College v. Davis: Emerging
Issues for Students with Disabilities, 34 J.C. & U.L. 169 (2007).
• DISABILITIES AND THE LAW (3rd ed. 2006) (with Julia Rothstein).
• DISABILITY LAW: CASES, MATERIALS AND PROBLEMS (4th ed. 2006).
• DISABILITY LAW: CASES, MATERIALS AND PROBLEMS (Statutory Supp. 2006).
• DISABILITY LAW: CASES, MATERIALS AND PROBLEMS TEACHER’S MANUAL (4th ed. 2006).
• The LSAT, U.S. News and World Report, and Minority Admissions: Special Challenges and Special
Opportunities for Law School Deans, 80 ST. JOHN’S L. REV. 257 (2006).
• Disability Law and Higher Education: A Road Map for Where We’ve Been and Where We May
Be Heading, 63 MD. L. REV. 122 (2004).
• DISABILITY LAW: CASES AND MATERIALS (3d ed. 2002).
• DISABILITY LAW: TEACHER’S MANUAL (3d ed. 2002).
• Ed Sullivan and I Love Lucy: Images of Deaning–Students as a Key Internal Constituency, 33
UNIV. TOL. L. REV. (2001).
• A Tribute to Dean Burnett, 39 BRANDEIS L.J. 5 (2001).
• Reproduction, Ethics, Is infertility a disability?, in ENCYCLOPEDIA OF ETHICAL, LEGAL & POLICY ISSUES
IN BIOTECHNOLOGY 983 (Thomas H. Murray & Maxwell J. Mehlman, eds., 2000).
• Don't Roll in My Parade: The Impact of Sports and Entertainment Cases on Public Awareness
and Understanding of the Americans with Disabilities Act, 19 U. TEX. REV. OF LITIG. 399 (2000).
• Genetic Discrimination: Why Bragdon Does Not Ensure Protection Re-Defining Disability: Legal
Protections for Individuals with HIV, Genetic Predispositions to Disease, or Asymptomatic Diseases,
3 J. HEALTH CARE L. & POL’Y 330 (2000).
• Higher Education and the Future of Disability Policy, 52 U. ALA. L. REV. 241 (2000).
• Introduction to the Health Law Symposium Issue: Celebrating the Tenth Anniversary of the Americans
with Disabilities Act, 37 HOUS. L. REV. 979 (2000).
• Reflections on Disability Discrimination Policy: 25 Years, 22 U. ARK. L. REV. 147 (2000).
• School Choice and Students with Disabilities, in SCHOOL CHOICE AND SOCIAL CONTROVERSY: POLI-
TICS, POLICY, AND LAW 332 (Stephen Sugarman and Frank Kemerer, eds., 1999).
• DISABILITY LAW: CASES & MATERIALS (2d ed. 1998) (as supplemented).
• DISABILITY LAW: CASES & MATERIALS: TEACHER’S MANUAL (2d ed. 1998).
• The Affirmative Action Debate in Legal Education and the Legal Profession: Lessons from Disability
Discrimination Law, 2 U. IOWA J. RACE GENDER & JUST. 1 (1998).
• Teaching Disability Law, 48 JOURNAL LEGAL EDUC. 297 (1998).
*Indicates multiple coauthors.
57

Laura Rothstein
Other Publications
• ‘Simple Justice’: Rich History of 20th Century’s Greatest Case, COURIER JOURNAL, May 2, 2004,
at I5 (book review).
• Disabilities and Higher Education: A Crystal Ball?, CHANGE MAGAZINE May/June 2003, at 39.
• The Americans with Disabilities Act and Health Care, UNIV. HOUSTON HEALTH LAW NEWS, September
2001, at 7.
• School Choice Would Leave Needy Further Behind, HOUS. CHRONICLE, March 27, 2000 at 23A.
• Epilepsy and the ADA: The Fallout of Sutton Begins, HEALTH LAW NEWS, Aug. 25, 1999, http://
www.law.uh.edu/healthlaw/perspectives/Disabilities/990825Epilepsy.html.
• Olmstead v. LC: A Compass or A Roadmap, HEALTH LAW NEWS, Sept. 1999, http://
www.law.uh.edu/healthlaw/news/09-1999.html.
• Supreme Court Issues Further Clarification About Required Health Services Under Special Education
Mandates, HEALTH LAW NEWS, Mar. 5, 1999, http://www.law.uh.edu/healthlaw/
perspectives/Disabilities/990305Cedar.html.
• ADA Requires Bar Examiners to Provide Accommodations for Applicant with Learning Disability,
HEALTH LAW NEWS, Sept. 16, 1998, http://www.law.uh.edu/healthlaw/perspectives/
•
Disabilities/980917ADABar.html.
Bragdon v. Abbott–Supreme Court Decision Addresses Application of ADA to Individuals with
HIV, HEALTH LAW NEWS, June 26, 1998, http://www.law.uh.edu/healthlaw/perspectives/
Disabilities/980626Bragdon.html.
• Bragdon: The Unanswered Questions, HEALTH LAW NEWS, Sept. 1998, http://www.law.uh.edu/
healthlaw/news/09-1998.html.
• Casey Martin and the ADA, HEALTH LAW NEWS, Feb. 13, 1998, http://www.law.uh.edu/healthlaw/
perspectives/Disabilities/980213CaseyMartin.html.
• Guidelines Emerge for Accommodating Students Who Have Learning Disabilities, CHRON.
HIGHER EDUC., April 24, 1998 at B6.
• Peanut Butter Bans and the ADA, HEALTH LAW NEWS, Oct. 15, 1998, http://www.law.uh.edu/
healthlaw/perspectives/Disabilities/981015Peanut.html.
• Prisons and the ADA, HEALTH LAW NEWS, Mar. 9, 1998, http://www.law.uh.edu/healthlaw/
perspectives/Disabilities/980309Prison.html.
• Supreme Court Decides Yeskey Case, HEALTH LAW NEWS, June 16, 1998, http://
www.law.uh.edu/healthlaw/perspectives/Disabilities/980616Yeskey.html.
58

Mark A. Rothstein
Herbert F. Boehl Chair of Law and Medicine
Torts, employment law, genetics and the law, public health law, ethics
Mark A. Rothstein holds the Herbert F. Boehl Chair of Law and Medicine and is Director of the Institute
for Bioethics, Health Policy and Law at the University of Louisville School of Medicine. He is a
leading authority on the ethical, legal, and social implications of genetics, privacy, occupational
health, employment law, and public health law. From 1999-2008, Rothstein was the Chair of the
Subcommittee on Privacy and Confidentiality of the National Committee on Vital and Health Statistics,
the statutory advisory committee to the Secretary of Health and Human Services on health information
policy, including the privacy regulations of the Health Insurance Portability and Accountability
Act. He is past President of the American Society of Law, Medicine and Ethics.
He is the author or editor of 19 books. His latest book is Employment Law (with Craver, Schroeder &
Shoben) (Thomson/West 4th ed. 2009).
Books, Chapters, and Journal Articles
• EMPLOYMENT LAW HORNBOOK (forthcoming 2009).
• EMPLOYMENT LAW TREATISE (Vol. 1 & 2 forthcoming 2009).
• Genetic Information and Insurance Underwriting: Contemporary Issues and Approaches in the
Global Economy, in HANDBOOK OF GENETICS AND SOCIETY: MAPPING THE NEW GENOMIC ECONOMY
(Paul Atkinson, et al. eds., forthcoming 2009).
• Informed Consent, in PHARMACOGENOMIC RESEARCH (Russ Altman, et al. eds., forthcoming 2009).
• Liberty and Coercion in Quarantine and Other Public Health Interventions, in LIBERTY AND COER-
CION IN PUBLIC HEALTH (James F. Childress ed. forthcoming 2009).
• *Ethical Implications of Epigenetic Research, 10 NATURE REV. GENETICS (forthcoming 2009).
• Genetic Stalking and Voyeurism: A New Challenge to Privacy, 57 KAN. L. REV. (forthcoming
2009).
• *The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics, 19 HEALTH MATRIX
(forthcoming 2009).
• The Influence of Bioethics in the United States, 20 INT’L J. BIOETHICS (forthcoming 2009).
• The Limits of Public Health: A Response, 1 PUB. HEALTH ETHICS (forthcoming 2009).
• Occupational Health and Discrimination Issues Raised by Toxicogenomics in the Workplace, in
GENOMICS AND ENVIRONMENTAL REGULATION (Richard R. Sharp, et. al eds., 2008).
• Confidentiality, Privacy, and Security Considerations for the Storage of Genetic and Genomic
Test Information in Electronic Health Records: Consensus Statement, 10 GENETICS IN MED. 495
(2008).
• GINA, the ADA, and Genetic Discrimination in Employment, 36 J. L. MED. & ETHICS 425 (2008).
• Is GINA Worth the Wait?, 36 J. L. MED. & ETHICS 174 (2008).
• Putting the Genetic Information Nondiscrimination Act in Context, 10 GENETICS IN MED. 655
(2008).
*Indicates multiple coauthors.
59

Mark A. Rothstein
• CASES AND MATERIALS ON EMPLOYMENT LAW (6th ed. 2007) (with Lance Liebman).
• Privacy and Confidentiality in the Nationwide Health Information Network, in PAPER KILLS: TRANS-
FORMING HEALTH AND HEALTHCARE WITH INFORMATION TECHNOLOGY 17 (David Merritt, ed. 2007).
• Privacy Issues in Public Health Genomics, in GENOMICS AND PUBLIC HEALTH: LEGAL AND SOCIO-
ETHICAL PERSPECTIVES 149 (Bartha M. Knoppers, ed. 2007).
• Compelled Authorizations for Disclosure of Health Records: Magnitude and Implications, AM. J.
BIOETHICS, March 2007, at 38 (with Meghan K. Talbott).
• Compelled Authorizations for Disclosure of Health Records: Response to the Open Peer Commentaries,
AM. J. BIOETHICS, March 2007, at 1 (with Meghan K. Talbott).
• Encouraging Compliance with Quarantine: A Proposal to Provide Job Security and Income Replacement,
AM. J. PUB. HEALTH, April Supplement, 2007, at S49 (with Meghan K. Talbott).
• Health Privacy in the Electronic Age, 28 J. LEGAL MED. 487 (2007).
• Job Security and Income Replacement for Individuals in Quarantine: The Need for Legislation,
10 J. HEALTH CARE L. & POL’Y 239 (2007) (with Meghan K. Talbott).
• Legal Conceptions of Equality in the Genomic Age, 25 LAW & INEQ. 429 (2007).
• *Licensing and Physician Mental Health: Problems and Possibilities, 93 J. MED. LIC. & DISC.
No. 2, at 6 (2007).
• *GENETICS: ETHICS, LAW AND POLICY (2d ed. 2006).
• *LAW IN PUBLIC HEALTH PRACTICE (2d ed. 2006).
• OCCUPATIONAL SAFETY AND HEALTH LAW (2006).
• *PUBLIC HEALTH LAW JUDICIAL REFERENCE GUIDE FOR KENTUCKY COURTS (2006).
• Ethical Considerations in Pharmacogenomic Research, in PHARMACOGENOMICS AND PROTEOMICS:
ENABLING THE PRACTICE OF PERSONALIZED MEDICINE (Steven H. Wong, et al. eds., 2006) (with M.
Gabriela Alcalde).
• Integrating Genetics Into Public Health Policy and Practice in LAW IN PUBLIC HEALTH PRACTICE
(Richard A. Goodman et al. eds.,) (2d ed. 2006) (with Ellen Wright Clayton).
• Pharmacogenomics and Cancer: Ethical, Legal and Social Issues, in CANCER BIOINFORMATICS:
FROM THERAPY DESIGN TO TREATMENT (Sylvia Nagl ed. 2006) (with Mary Anderlik Majumder).
• Compelled Disclosure of Health Information: Protecting Against the Greatest Potential Threat to
Privacy, 295 JAMA 2882 (2006) (with Meghan K. Talbott).
• The Expanding Use of DNA in Law Enforcement: What Role for Privacy?, 34 J.L. MED. & ETHICS
153 (2006).
• Tiered Disclosure Options Promote the Autonomy and Well-Being of Research Subjects, 6 AM.
J. BIOETHICS No. 6, 20 (2006).
• *GENETIC TIES AND THE FAMILY: THE IMPACT OF PATERNITY TESTING ON PARENTS AND CHILDREN
(2005).
• *PUBLIC HEALTH LAW BENCH BOOK FOR INDIANA COURTS (2005 ed.).
• Government Agencies/Statutes/Legislation, in CLINICAL OCCUPATIONAL AND ENVIRONMENTAL MEDI-
CINE 1247 (L. Rosenstock ed. 2005).
• Pharmacogenomics and Cancer: Ethical, Legal and Social Issues, in CANCER BIOINFORMATICS:
FROM CANCER BIOLOGY TO THERAPY DESIGN AND TREATMENT 257 (S. Nagl & R. Begent eds., 2005)
(with Mary Anderlik Majumder).
*Indicates multiple coauthors.
60

Mark A. Rothstein
• Translating Values and Interests into the Law of Parentage Determination, in GENETIC TIES AND
THE FAMILY: THE IMPACT OF PATERNITY TESTING ON PARENTS AND CHILDREN 213 (Mark A. Rothstein,
et al. eds., 2005).
• Applications of Behavioral Genetics: Outpacing the Science?, 6 NATURE REV. GENETICS 793
(2005).
• Expanding the Ethical Analysis of Biobanks, 33 J.L. MED. & ETHICS 89 (2005).
• Genetic Exceptionalism and Legislative Pragmatism, 35 HASTINGS CENTER REPORT No. 4, 27
(2005).
• Genetic Justice, 352 NEW ENG. J. MED. 2667 (2005).
• Liability Issues in Pharmacogenomics, 66 LA. L. REV. 117 (2005).
• Research Privacy Under HIPAA and the Common Rule, 33 J.L. MED & ETHICS 154 (2005).
• *EMPLOYMENT LAW (3d ed. Vol. 1 - 2) (2004).
• *EMPLOYMENT LAW HANDBOOK (3d ed. 2004).
• *EMPLOYMENT LAW TREATISE (3d ed. 2004).
• GENETICS AND LIFE INSURANCE: MEDICAL UNDERWRITING AND SOCIAL POLICY (Mark A. Rothstein, ed.
2004).
• Policy Recommendations, in GENETICS AND LIFE INSURANCE: MEDICAL UNDERWRITING AND SOCIAL
POLICY 233 (Mark A. Rothstein, ed. 2004).
• Public Attitudes About Genetics and Life Insurance, in GENETICS AND LIFE INSURANCE: MEDICAL
UNDERWRITING AND SOCIAL POLICY 1 (Mark A. Rothstein, ed. 2004) (with Carlton A. Hornung).
• Are Traditional Public Health Strategies Consistent with Contemporary American Values?, 77
TEMPLE L. REV. 175 (2004).
• The Growth of Health Law and Bioethics, 14 HEALTH MATRIX 213 (2004).
• Pharmacogenetics: Ethical Problems and Solutions, 5 NATURE REV. GENETICS 676 (2004).
• CASES AND MATERIALS ON EMPLOYMENT LAW (5th ed. 2003) (with Lance Liebman).
• PHARMACOGENOMICS: SOCIAL, ETHICAL, AND CLINICAL DIMENSIONS (Mark A. Rothstein, ed. 2003).
• WEST’S LEGAL FORMS ON EMPLOYMENT LAW (3d ed. 2003) (with Daniel Oberdorfer).
• Epilogue: Policy Prescriptions, PHARMACOGENOMICS: SOCIAL, ETHICAL, AND CLINICAL DIMENSIONS
319 (Mark A. Rothstein, ed. 2003).
• Public Attitudes About Pharmacogenomics, PHARMACOGENOMICS: SOCIAL, ETHICAL, AND CLINICAL
DIMENSIONS 3 (Mark A. Rothstein, ed. 2003) (with Carlton A. Hornung).
• Currents in Contemporary Ethics: Canavan Decision Favors Researchers Over Families, 31 J. L.
MED. & ETHICS 450 (2003) (with Mary Anderlik).
• *Genetics and Susceptibility to Toxic Chemicals: Do You (or Should You) Know Your Genetic
Profile?, 305 J. PHARMACOLOGY & EXPERIMENTAL THERAPEUTICS 403 (2003).
• *GENETICS: ETHICS, LAW AND POLICY (2002).
• *LAW IN PUBLIC HEALTH PRACTICE (2002).
• WEST’S FEDERAL ADMINISTRATIVE PRACTICE (3d ed. 2002).
• *Pharmacogenomics: Ensuring Equality in Drugs Based on Difference, in PHARMACOGENOMICS:
THE SEARCH FOR INDIVIDUALIZED THERAPEUTICS (Licinio & Wong, eds., 2002).
• The AbioCor Artificial Heart Replacement: Bioengineering Meets Bioethics, 16 J. CARDIOTHO-
RACIC & VASCULAR ANESTHESIA 234 (2002) (with Mary R. Anderlik).
• Discrimination in Employment on the Basis of Genetics, 2 EMP. RTS. & EMP. POL’Y J. 112 (2002).
*Indicates multiple coauthors.
61

Mark A. Rothstein
• DNA-Based Identity Testing and the Future of the Family: A Research Agenda, 28 AM. J.L. &
MED. 215 (2002) (with Mary R. Anderlik).
• *On the Edge of Tomorrow: Fitting Genomics into Public Health Policy, 30 J. L. MED. & ETHICS
173 (2002).
• Rethinking the Meaning of Public Health, 30 J.L. MED. & ETHICS 144 (2002).
• The Role of IRBs in Research Involving Commercial Biobanks, 30 J.L. MED. & ETHICS 105 (2002).
• *Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans
with Disabilities Act, 80 WASH. U. L.Q. 243 (2002).
• *MEDICAL ETHICS: ANALYSIS OF THE ISSUES RAISED BY THE CODES, OPINIONS AND STATEMENTS (2001).
• Bias and Discrimination, in MEDICAL ETHICS: ANALYSIS OF THE ISSUES RAISED BY THE CODES, OPIN-
IONS AND STATEMENTS 75 (Mark A. Rothstein, et al. eds., 2001).
• Confidentiality, in MEDICAL ETHICS: ANALYSIS OF THE ISSUES RAISED BY THE CODES, OPINIONS AND
STATEMENTS 161 (Mark A. Rothstein, et al. eds., 2001).
• Health Care Policy, in MEDICAL ETHICS: ANALYSIS OF THE ISSUES RAISED BY THE CODES, OPINIONS
AND STATEMENTS 831 (Mark A. Rothstein, et al. eds., 2001).
• Occupational Safety and Health Act, in WEST’S FEDERAL ADMINISTRATIVE PRACTICE 89 (Vol. 3, Chs.
34-38) (4th ed. 2001) (as supplemented).
• Public Health, in MEDICAL ETHICS: ANALYSIS OF THE ISSUES RAISED BY THE CODES, OPINIONS AND
STATEMENTS 313 (Mark A. Rothstein, et al. eds., 2001).
• Book Review, 345 NEW ENG. J. MED. 844 (2001) (reviewing JAMES M. HUMBER AND ROBERT F.
ALMEDER, PRIVACY AND HEALTH CARE (2001)).
• Ethical and Legal Implications of Pharmacogenomics, 2 NATURE REV. GENETICS 228 (2001)
(Phyllis Griffin Epps).
• Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67
BROOKLYN L. REV. 127 (2001) (with Sandra Carnahan).
• Pharmacogenomics and the (Ir)relevance of Race, 1 PHARMACOGENOMICS J. 104 (2001) (with
Phyllis Griffin Epps).
• Predictive Genetic Testing for Alzheimer’s Disease in Long-Term Care Insurance, 35 GA. L. REV.
707 (2001).
• Privacy and Confidentiality of Genetic Information: What Rules for the New Science?, 2 ANN.
REV. GENOMICS & HUMAN GENETICS 401(2001) (with Mary R. Anderlik).
• What Is Genetic Discrimination and When and How Can It Be Prevented?, 3 GENETICS IN MED.
354 (2001) (with Mary R. Anderlik).
• *MEDICAL ETHICS: CODES, OPINIONS, AND STATEMENTS (2000).
• Ethical Guidelines for Medical Research on Workers, 42 J. OCCUPATIONAL & ENVTL. MED. 1166
(2000).
• Genetic Testing in Adoption: Joint Statement of the American Society of Human Genetics and
the American College of Medical Genetics, 56 AM. J. HUMAN GENETICS 761 (2000) (with Mary
Kay Pelias).
• Genetics and the Work Force of the Next Hundred Years, 2000 COLUM. BUS. L. REV. 371 (2000).
• BEHAVIORAL GENETICS: THE CLASH OF CULTURE AND BIOLOGY (Ronald A. Carson & Mark A. Rothstein,
eds., 1999).
• *EMPLOYMENT LAW (2d ed. 1999).
*Indicates multiple coauthors.
62

Mark A. Rothstein
• Genetic Testing, Genetic Medicine, and Managed Care, 34 WAKE FOREST L. REV. 849 (1999)
(with Sharona Hoffman).
• The Impact of Behavioral Genetics on the Law and the Courts, 83 JUDICATURE 116 (1999-2000).
• *Privacy in Genetics Research, 285 SCIENCE 1359 (1999).
• Why Treating Genetic Information Separately is a Bad Idea, 4 Tex. Rev. L. & Politics 33 (1999-
2000).
• *EMPLOYMENT LAW: CASES AND MATERIALS (4th ed. 1998).
• OCCUPATIONAL SAFETY AND HEALTH LAW (4th ed. 1998).
• Genetic Privacy and Confidentiality: Why They Are So Hard to Protect, 26 J.L. MED. & ETHICS
198 (1998).
• *Protecting Genetic Privacy by Permitting Employer Access Only to Job-Related Employee
Medical Information: Analysis of a Unique Minnesota Law, 24 AM. J.L. & MED. 399 (1998).
• Where Are We Now? Family Violence and the Health Care System in Texas, 94 TEX. MED. 44
(1998) (with S. Van McCrary).
• GENETIC SECRETS: PROTECTING PRIVACY AND CONFIDENTIALITY IN THE GENETIC ERA (Mark A. Rothstein
ed. 1997).
• *Genetic Information and the Workplace: Legislative Approaches and Policy Challenges, 275
SCIENCE 1755 (1997).
• A Proposed Revision of the ACOEM Code of Ethics, 39 J. OCCUP. & ENVTL. MED. 616 (1997).
• THE HUMAN GENOME PROJECT AND THE FUTURE OF HEALTH CARE (Mark A. Rothstein et al. eds.,
1996).
• Health Care: Public and Private Systems in the Americas, 17 COMPAR. LAB. L.J. 612 (1996).
• Legal and Ethical Aspects of Medical Screening, 11 OCCUP. MED.: STATE OF THE ART REVS. 32
(1996).
• Legal Aspects of Genetics, Work, and Insurance in North America and Europe, 3 EUROPEAN J.
HEALTH L. 143 (1996) (with Bartha Maria Knoppers).
• Preventing the Discovery of Plaintiff Genetic Profiles by Defendants Seeking to Limit Damages
in Personal Injury Litigation, 71 IND. L. J. 877 (1996).
• An Overview of Labor and Employment Law Issues in Hospital Closures and Downsizing, 28 J.
HEALTH & HOSP. L. 336 (1995).
• *Are Cancer Patients Subject to Employment Discrimination?, 9 ONCOLOGY 1303 (1995).
• Genetic Testing: Employability, Insurability & Health Reform, 17 MONOG. NAT'L CANCER INST. 87
(1995).
• Health Hazards Among Working Children in Texas, 88 SOUTHERN MED. J. 550 (1995) (with
Sharon P. Cooper).
• The Use of Genetic Information for Nonmedical Purposes, 9 J.L. & HEALTH 109 (1995).
• *HUMAN RESOURCES AND THE LAW (1994).
• Legal Issues in Genetic Testing, 25 J. INS. MED. 267 (1993).
• Taking the Patient's View of Health Reform, J. AM. HEALTH POLICY, September/October 1993, at
27.
• Discrimination Based on Genetic Information, 33 JURIMETRICS J. 13 (1992).
• Genetic Discrimination in Employment and the Americans with Disabilities Act, 29 HOUS. L. REV.
23 (1992).
*Indicates multiple coauthors.
63

Mark A. Rothstein
• Genetic Screening in Employment: Some Legal, Ethical, and Societal Issues, 1 INT'L J. BIO-
ETHICS 239 (1991).
• Workplace Drug Testing: A Case Study in the Misapplication of Technology, 5 HARV. J.L. &
TECH. 65 (1991).
• Wrongful Refusal to Hire: Attacking the Other Half of the Employment At-Will Rule, 24 CONN. L.
REV. 97 (1991).
• A Proposed Model Act for the Reinstatement of Employees Upon Recovery from Work Related
Injury or Illness, 26 HARV. J. ON LEGIS. 263 (1989).
• MEDICAL SCREENING AND THE EMPLOYEE HEALTH COST CRISIS (1989).
• MEDICAL SCREENING OF WORKERS (1984).
Other Publications
• Keeping Your Genes Private, SCI. AM., September 2008, at 64.
• The Year in Bioethics, LAW & BIOETHICS REPORT, Winter 2004, at 2.
• A Future in Research for Kentucky, COURIER-JOURNAL, March 28, 2002, at A9.
• Genetic Privacy: A War Fought on Many Fronts, N.Y. ACADEMY OF SCIENCES MAGAZINE, June/July
2002, at 2 (with Mary R. Anderlik).
*Indicates multiple coauthors.
64

65
Shelley M. Santry
Law Clinic Director and Assistant Professor of Law
Shelley Santry received her Juris Doctor from Franklin Pierce Law Center in Concord, NH in 1992.
Professor Santry has extensive practical experience in the area of domestic violence in both civil
and criminal law. Since 2001, she prosecuted domestic violence, sexual assault and child abuse
cases for the Jefferson County Attorney’s Office. From 1992 until 2001, her work at the Legal Aid
Society focused on representing low income clients in civil cases. In July, 2009, Professor Santry
joined the faculty as the Director of the clinic. The Clinic allows 3Ls to practice law in Court under
supervision. The Clinic is focusing its work on representing victims of domestic violence in a variety
of courts.
Professor Santry is a member of the American Bar Association, Kentucky Bar Association, Louisville
Bar Association (LBA) and Chair of Government Section, LBA 2009 Leadership Academy, and
Women Lawyers Association. Santry was recently appointed to the Supreme Court of Kentucky
Evidence Rules Review Commission.

66
Lars S. Smith
Professor and Samuel J. Stallings Chair in Law
Business planning, business torts, property I and II, right of publicity, secured
transactions, trademark law
Lars S. Smith is a law professor and the Samuel J. Stallings Chair in Law at the University of Louisville's
Louis D. Brandeis School of Law. He is also the interim director of the University of Louisville's
first law clinic. Smith teaches in the areas of intellectual property, particularly trademark law, as well
as in property and commercial law. His scholarship focuses on issues related to trademarks and
trade dress, as well the intersection of commercial and intellectual property law. Smith's article
Trade Distinctiveness: Solving Scalia's Tertium Quid Trade Dress Conundrum, was selected as one
of the leading intellectual property articles by the Intellectual Property Law Review. His recent work
has focused on the challenge of applying existing intellectual property legal structures on new
technologies. In his article RFID and Other Embedded Technologies: Who Owns the Data, Smith
looks at the emerging tracking technology of radio frequency identification, and what property
rights exist in automatically generated data contained on RFID chips. In a follow up article, RFID in
the Supply Chain: Panacea or Pandora's Box?, co-authored with Dr. Brian L. Dos Santos, the Frazier
Family Professor of Computer Information Systems, Smith and Dos Santos explore the effect of
these current legal rules on the use of radio frequency identification in the product supply chain.
Books, Chapters, and Journal Articles
• MASTERING TRADEMARKS (forthcoming 2009) (with Llewellyn Gibbons).
• Trademark, in THE HANDBOOK OF TECHNOLOGY MANAGEMENT (forthcoming 2009).
• Trademark and Trade Secrets, in FRANCHISE LAW CASEBOOK (forthcoming 2009).
• RFID in the Supply Chain: Panacea or Pandora’s Box?, 51 COMMC’NS ACM 127 (2008) ( with Dr.
Brian L. Dos Santos).
• Distinctive Designs and Functional Products: Limitations on the Protection of Trade Dress Under
Trademark Law, in INTELLECTUAL PROPERTY AND INFORMATION WEALTH 323 (Peter K Yu, ed, 2006).
• RFID and Embedded Technology: Who Owns the Data?, 22 SANTA CLARA COMPUTER & HIGH
TECH. L.J. 695 (2006).
• General Intangible or Commercial Tort: Moral Rights and State Based Intellectual Property as
Collateral Under UCC Revised Article 9, 22 EMORY BANKR. DEV. J. 95 (2005).
• Trade Distinctiveness: Solving Scalia’s Tertium Quid Trade Dress Conundrum, 2005 MICH. ST. L.
REV. 243.
• Some Comments to Professor Port’s Response, 94 TRADEMARK REP. 893 (2004).
• Implementing a Registration System for Famous Trademarks, 93 TRADEMARK REP. 1097 (2003).
• Trade Secrets in Commercial Transactions and Bankruptcy, 40 IDEA 549 (2000).

Virginia M. Smith
Cybrarian and Communications Coordinator
Virginia M. Smith developed an interest in research and technology while working as an Internet
Content Provider for About.com from 1997-2001. While there, she published over a hundred articles
on the topic of job searching and career planning. In December 2001, she received a Masters in
Library Information Science from the University of Hawaii at Manoa.
Prior to being hired by the University of Louisville in June 2006, Virginia served as the Gemini Observatory's
librarian and webmaster in Hilo, HI. She's been employed as an academic librarian for
both the University of Hawaii and Sullivan University. In July 2002, she presented her paper
"Information Dissemination: Exploring the Librarian's Role in Public Relations" at the Library and Information
Services in Astronomy IV: Emerging and Preserving: Providing Astronomical Information
in the Digital Age conference in Prague, Czech Republic.
Her responsibilities at the law school include legal research, communications, content management,
and technical support.
Other Publications
• Internet Reviews: Twitter Literacy, KY. LIBRARIES, Summer 2009, at 26.
• Librarian 1.0 to Librarian 2.0, B/ITE: BULLETIN OF THE INFORMATION TECHNOLOGY DIVISION/SLA ,
Summer 2009, at 10.
• IT in Law School, KY BENCH & BAR, July 2007, at 29.
67

68
Robert L. Stenger
Professor of Law
Domestic relations, jurisprudence, constitutional law, seminars in medicine,
bioethics and law, and domestic violence
Professor Stenger taught in the School of Religion of the University of Iowa before joining the faculty
of the Brandeis School of Law. He earned a master's degree in Philosophy (with specialization in
Ethics) from Saint Thomas College, a doctorate in Theology from The Catholic University of America,
and a J.D. from the College of Law of the University of Iowa. At Brandeis he has taught Torts;
Property; Decedents' Estates and Trusts; Conflict of Laws; History of Law; Law, Language and Ethics;
Introduction to Legal Study; and Legal Method. Currently, he is teaching Domestic Relations,
Jurisprudence, Constitutional Law, and seminars in Medicine, Bioethics and Law and Domestic Violence.
Professor Stenger has published articles on constitutional law, decedents' estates, family law, bioethics,
and legal education. His most recent publications are “Embryos, Fetuses and Babies:
Treated as Persons and Treated with Respect”, II Journal of Health and Biomedical Law, 2006,
and "Privacy, Reproduction and Advancing Technology" [with Russ Weaver], Family and The Law in
the 21st Century-Festschrift in Honor of Koji Ono, 2006.
Professor Stenger has been active in faculty governance as a member, vice-chair and chair of the
Faculty Senate, Faculty Trustee, Faculty Director of the Board of Directors of the University of Louisville
Athletic Association, and as a member of many university-wide committees, including the Human
Studies Committee (University of Louisville IRB) and the University of Louisville Hospital Ethics
Committee. He also serves on the Matrimonial Tribunal of the Archdiocese of Louisville.
Books, Chapters, and Journal Articles
• Embryos, Fetuses and Babies: Treated as Persons and Treated With Respect, 2 J. HEALTH &
BIOMEDICAL L. 33 (2006).
• Introduction: Fourth Remedies Discussion Forum, 39 Akron L. Rev. 905 (2006).

69
Joseph A. Tomain
Visiting Assistant Professor of Law
Cyberlaw, intellectual property
Joseph A. Tomain is a Visiting Assistant Professor at the Brandeis School of Law. His teaching and
scholarship concentrate on Cyberlaw, First Amendment law and Intellectual Property. Prior to coming
to Brandeis, he worked as a litigation attorney at Frost Brown Todd, LLC in Cincinnati,
Ohio. He's served as Chair and Vice-Chair of the Ohio State Bar Assoication Media Law Committee.
Also, he served as President of the Notre Dame Club of Greater Cincinnati. Professor Tomain
earned his undergraduate and law school degrees from the University of Notre Dame ('98, '01).
Books, Chapters, and Journal Articles
• Representing the Media at Trial, LITIG., Spring 2006, at 30 (with Richard M. Goehler and
Amanda G. Main).
• Talk Show Torts Turn Deaf Ear to Plaintiff, COMM. LAW. (A.B.A., Chicago, Ill.), Spring 2005, at 5.
Other Publications
• Book Review, 12 MALR 396 (2007) (reviewing URSULA SMARTT, MEDIA LAW FOR JOURNALISTS
(2006)).

Enid Trucios-Haynes
Professor of Law
Constitutional law, race and the law, immigration law, selected topics in immigration
law, international law, regulatory law and policy, administrative law
Professor Enid Trucios-Haynes joined the faculty at the Brandeis School of Law in 1993. She is a
nationally recognized scholar in immigration law and she has been in the field for more than twenty
years. Professor Trucios-Haynes’ teaching focus is in constitutional law, immigration law, international
law, and race and the law with an emphasis on issues affecting Latinos. Professor Trucios-
Haynes was the founder and director of the Brandeis School of Law Immigration Mini-Clinic (1998-
2000), a pilot project and the only live-client clinical experience available to students at that time.
Professor Trucios-Haynes served as Associate Dean of Academic Affairs for the Brandeis School of
Law from 2004-2007.
Professor Trucios-Haynes graduated from Stanford Law School where she served as Associate Editor
of the Stanford Law Review, Co-President of Women of Stanford Law and a member of the Stanford
Latino Law Students Association. Her legal experience includes volunteer service at the Kingston
Legal Aid Clinic in Kingston, Jamaica, West Indies, which she acquired during a “semester
abroad” work-study program while attending Stanford Law School, as well as participation in the
inaugural year of the school’s Immigration Law Clinic. After graduation, Professor Trucios-Haynes
worked in the litigation department of Rosenman & Colin (now Katten Muchin Rosenman LLP) in
New York, New York. Professor Trucios-Haynes practiced immigration and nationality law exclusively
as a Senior Associate at the law firm of Fragomen, Del Rey, Bernsen & Loewy, the largest immigration
law firm worldwide, where she represented Fortune 500 companies and high-net-worth
individuals including Sir Paul McCartney and his band during his 1992 World Tour.
Professor Trucios-Haynes has received numerous awards during her career at Brandeis School of
Law including the University of Louisville 2001 Award for Exemplary Multicultural Teaching, the
Brandeis School of Law Alumni Teaching Excellence Award (2001), and the Ann Oldfather Fellowship
for Public Service in 1998, among others. She is an active member of the Hispanic-Latino
Coalition of Louisville, and serves in a leadership capacity in a number of University of Louisville
committees including the University Community Engagement Steering Committee, the Faculty Senate
and its Executive Committee, the Faculty Senate Redbook Committee, and the Latin American
and Latino Studies Program Steering Group.
Books, Chapters, and Journal Articles
• MASTERING EQUAL PROTECTION (forthcoming 2008).
• *UNDERSTANDING IMMIGRATION LAW (forthcoming 2008).
• The Rhetoric of Colorblind Constitutionalism: Individualism, Race and Public Schools in Louisville,
Kentucky, 112 PENN. STATE L. REV. 947 (2008) (with Cedric Merlin Powell).
• Civil Rights, Latinos and Immigration: Cybercascades and Other Distortions in the Immigration
Reform Debate, 44 BRANDEIS LAW JOURNAL 637 (2006).
*Indicates multiple coauthors.
70

Enid Trucios-Haynes
• The Rhetoric of Reform: Non-Citizen Workers in the United States, 29 S. ILL. U. L.J. 43 (2004-
2005).
• Temporary Workers and Future Immigration Policy Conflicts: Protecting U.S. Workers and Satisfying
the Demand for Global Human Capital, 40 BRANDEIS L.J. 967 (2002).
• Why “Race Matters:” LatCrit Theory and Latino/a Racial Identity, in RACE, ETHNICITY, GENDER AND
HUMAN RIGHTS IN THE AMERICAS: A NEW PARADIGM FOR ACTIVISM (Celina Romany ed. 2001).
• LatCrit Theory, Critical Race Theory and the Politics of Latino/a Racial Identity, 12 LA RAZA L.J. 1
(2000).
• Why “Race Matters:”LatCrit Theory and Latino/a Racial Identity, 12 LA RAZA L.J. 1 (2000).
• “Family Values” 1990s Style: U.S. Immigration Reform Proposals and the Abandonment of the
Family, 36 BRANDEIS J. FAM. L. 241 (1997-1998).
• LatCrit Theory and International Civil and Political Rights: The Role of Transnational Identity and
Migration, 28 U. MIAMI INTER-AM. L. REV. 293 (1997).
• Latinos/as In the Mix: Applying Gotanda's Models of Racial Classification and Racial Stratification,
4 ASIAN L.J. 39 (1997).
• The Legacy of Racially Restrictive Immigration Laws and Policies, and the Construction of the
American National Identity, 76 OR. L. REV. 369 (1997).
• Public Sentiment and Congressional Response: 15 Years of Immigration Policymaking, 73 Interpreter
Releases 469 (April 15, 1996) (with Romano L. Mazzoli).
• Religion and Immigration & Nationality Law: Using Old Saws on New Bones, 9 GEO. IMMIGR. L.J.
1 (1995).
Other Publications
• Grounds of Inadmissibility Under the Illegal Reform and Immigrant Responsibility Act of 1996:
Part One, IMMIGRATION BRIEFINGS, Jan. 1998, at 1 (with Lois Gimpel Shaukat).
• Grounds of Inadmissibility Under the Illegal Reform and Immigrant Responsibility Act of 1996:
Part Two, IMMIGRATION BRIEFINGS, Feb. 1998, at 1 (with Lois Gimpel Shaukat).
71

Manning Gilbert Warren III
Harold Edward Harter Professor of Law
Business organizations, securities regulation, venture capital, European Union
law, international law
Professor Warren joined the faculty at the University of Louisville Brandeis School of Law in 1990,
having been appointed to the H. Edward Harter Endowed Chair of Commercial Law. Professor Warren
attended law school at the George Washington University National Law Center, after being
awarded a full scholarship as a Trustee Scholar. He received his J.D. with honors in 1973. After
graduation he served as law clerk for U.S. District Judge Seybourn H. Lynne, Chief Judge for the
Northern District of Alabama. From 1974 to 1983 he was in the private practice of law at Birmingham,
Alabama, first at Bradley, Arant, Rose and White, and then as a partner at Ritchie, Rediker
and Warren. He began his academic career in 1983, joining the faculty at the University of Alabama
School of Law. Professor Warren has served as visiting professor of law at George Washington University,
Emory University School of Law, and the University of Arizona. In addition he was appointed
Senior Fulbright Scholar and visiting professor of law at Queen Mary College, University of London,
during the 1988-1989 academic year.
Professor Warren's scholarship is directed toward securities regulation, corporate law and European
Union financial services law. He has published numerous articles in the United States and
Europe, has been frequently interviewed by the Wall Street Journal, Business Week and other periodicals,
and has testified before the United States Senate on the regulation of securities markets.
He was a member of the SEC's Federal Advisory Committee on Market Transactions, and has
served as a consultant to the London Stock Exchange, the U.S. Congress Office of Technology Assessment
and numerous state securities commissions. In recent years, Professor Warren has published
articles in the Harvard International Law Journal, the Common Market Law Review, the Washington
University Law Quarterly, and the Washington & Lee Law Review, among others, addressing
corporate and securities law issues.
In addition to his teaching and research, Professor Warren serves on a number of American Bar Association
committees, and is an active member of the Kentucky, Alabama and District of Columbia
Bar Associations and the American Law Institute. He is the Immediate Past Chair of the Business
Law Section of the Kentucky Bar Association. In addition, he has served as President of the Louisville
Orchestra and as a member of the Board of Directors of the Kentucky Shakespeare Festival
and now serves on the Board of Trustees of the Louisville Zoo Foundation. In addition, he serves
on the board of the Louisville Chapter of the American Red Cross and has volunteered for years
with the Red Cross both nationally and internationally. He represented the American Red Cross as
special counsel in connection with relief missions in Ethiopia, Sudan and India and at numerous
meetings of the International Red Cross.
Books, Chapters, and Journal Articles
• BUSINESS ENTERPRISES: LEGAL STRUCTURES, GOVERNANCE AND POLICY (2008).
• EUROPEAN SECURITIES REGULATION (2003).
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Manning Gilbert Warren III
• SECURITIES REGULATION IN THE COMMON MARKET: A REPORT TO THE U.S. CONGRESS OFFICE OF
TECHNOLOGY ASSESSMENT (1989).
• ALABAMA SECURITIES ACT: PROPOSED REVISION WITH COMMENTARY (Alabama Law Institute 1989).
• A Guide to Parallel Proceedings, Section I (B) and II (G), NEW YORK ATTORNEY GENERAL SECURI-
TIES ENFORCEMENT MANUAL, N.Y. State Attorney General’s Office (2001).
• Practical Guide on the European Community Directives: Summary of EC Directives on Securities
Regulation, in INTERNATIONAL SECURITIES LAW HANDBOOK EC-1 (Bowne & Co. 1998).
• SOUTHEAST LITIGATION GUIDE, Volumes 1-6, 11 and Annual Supplements (Matthew Bender & Co.
1981-93, with former U.S. District Judge Sidney O. Smith, Jr. and Bill Colson.
• The Harmonization of European Securities Law, 37 INT’L LAW. 211 (2003).
• Revenue Recognition and Corporate Counsel, 56 SMU L. REV. 885 (2003) (reprinted in LEGAL
ETHICS AND CORPORATE PRACTICE (2008).
• Reflections on Dual Regulation of Securities: A Case for Reallocation of Regulatory Responsibilities,
78 WASH. U. L.Q. 497 (2000).
• The Primary Liability of Securities Lawyers, 50 SMU L. REV. 383 (1996).
• The European Union’s Investment Services Directive, 15 U. PA. J. INT’L BUS. L. 181 (1994).
• The Investment Services Directive: The North Sea Alliance Victory Over the Club Med, 6 INT’L
SEC. REGULATION REPORT 6 (1993).
• Book Review, 29 COLUM. J. TRANSNAT’L L. 653 (1992) (reviewing NORMAN S. POSER, INTERNA-
TIONAL SECUTURIES REGULATION: LONDON’S “BIG BANG” AND THE EUROPEAN SECURITIES MARKET
(1991)).
• The Regulation of Insider Trading in the European Community, 48 WASH & LEE L. REV. 1037
(1991).
• The Common Market Prospectus, 26 COMMON MKT. L. REV. 687 (1990).
• The Global Harmonization of Securities Laws: The Achievements of the European Communities,
31 HARV. INT’L L.J. 185 (1990).
• Regulatory Harmony in the European Communities: The Common Market Prospectus, 16
BROOK. J. INT’L L. 19 (1990).
• The Treatment of Reves ‘Notes’ and Other ‘Securities’ under State Blue Sky Laws, 47 BUS. LAW.
321 (1991).
• Euroequity Offerings: A Preliminary Note on Worldwide Regulatory Harmony, 5 GESTION 2000
MGMT.& PROSPECTIVE 17 (1989).
• Who’s Suing Who? A Commentary on Investment Bankers and the Misappropriation Theory, 46
MD. L. REV. 1222 (1987) (reprinted in 21 SEC. L. REV. 189 (1989).
• A Foreword on Insider Trading Regulation, 39 ALA. L. REV. 337 (1988).
• One Share, One Vote: A Perception of Legitimacy, 14 J. CORP. L. 89 (1988).
• Legitimacy in the Securities Industry: The Role of Merit Regulation, 53 BROOK. L. REV. 129
(1987).
• The Effect of Warranty Disclaimers on Revocation of Acceptance Under the Uniform Commercial
Code, 37 ALA. L. REV. 307 (1986) (with Michelle Rowe).
• The Status of the Marketplace Exemption from State Securities Registration, 41 BUS. LAW. 1511
(1986).
• Developments in State Takeover Legislation: MITE and its Aftermath, 40 BUS. LAW. 671 (1985).
• Reflections on Dual Regulation of Securities: A Case Against Presumption, 25 B.C. L. REV. 258
(1984).
73

Manning Gilbert Warren III
• A Review of Regulation D: The Present Exemption Regimen for Limited Offerings Under the Securites
Act of 1933, 33 AM. U. L. REV. 355 (1984).
• Book Review, 11 CUMB. L. REV. 799 (1981) (reviewing BARKLEY CLARK, THE LAW OF SECURED
TRANSACTIONS UNDER THE UNIFORM COMMERCIAL CODE (1980)).
• The Notice Requirement in Administrative Rulemaking: An Analysis of Legislative and Interpretive
Rules, 29 ADMIN. L. REV. 367 (1977).
74

Russell L. Weaver
Professor of Law and Distinguished University Scholar
Constitutional law, First Amendment, advanced constitutional law, remedies,
administrative law, criminal law, criminal procedure, negotiations
Professor Russell L. Weaver graduated cum laude from the University of Missouri School of Law in
1978, where he was a member of the Missouri Law Review, was elected to the Order of the Coif,
and won the Judge Roy Harper Prize. After law school, Professor Weaver was associated with Watson,
Ess, Marshall & Enggas in Kansas City, Missouri, and worked for the U.S. Department of Energy's
Office of General Counsel in Washington, D.C.
Professor Weaver began teaching at the Louis D. Brandeis School of Law in 1982, and holds the
rank of Professor of Law and Distinguished University Scholar. He teaches Constitutional Law, First
Amendment Advanced Constitutional Law, Remedies, Administrative Law, Criminal Law, and Criminal
Procedure. He has received the Brandeis School of Law's awards for teaching, scholarship,
and service, including the Brown Todd & Heyburn Fellowship. He has been awarded the President's
Award (University of Louisville) for Outstanding Research, Scholarship and Creative Activity
in the Field of Social Science, the President's Award for Outstanding Research, Scholarship and
Creative Activity in the Career Achievement Category, and the President's Award for Distinguished
Service. He is the Executive Director and past president of the Southeastern Conference of the Association
of American Law Schools. He is an Honorary Associate of Macquarie University (Sydney,
Australia) School of Law.
Professor Weaver is a prolific author who has written dozens of books and articles over the last
twenty-five years, and has a casebook in every area that he teaches (as well as a number of supplemental
texts). He was named the Judge Spurgeon Bell Distinguished Visiting Professor at South
Texas College of Law (affiliated with Texas A & M University) during the 1998-99 academic year,
and he held the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law, University
of Memphis, during 1992-93. In addition, he has been asked to speak at law schools and conferences
around the world, and has been a visiting professor at law schools in France, England,
Germany, Japan, Australia and Canada.
Professor Weaver is particularly noted for his work in the constitutional law area. He has served as a
consultant to the constitutional drafting commissions of Belarus and Kyrghyzstan and as a commentator
on the Russian Constitution. His constitutional law writings have focused on free speech
issues, particularly those relating to the U.S. Supreme Court's landmark decision in N.Y. Times Co.
v. Sullivan, and include a constitutional law case-book, a First Amendment casebook, constitutional
law and First Amendment texts, and two anthologies (The First Amendment Anthology and The
Constitutional Law Anthology).
Professor Weaver is also noted for his writings on legal education and his work in the administrative
law area. In 1992 and 1993, he served as a consultant to the Administrative Conference of the
United States. His writings have focused on agency interpretations of statutes and regulations, and
he is co-author of one of the leading administrative law casebooks.
75

Russell L. Weaver
Professor Weaver has served on many community and professional committees. He served on the
Louisville Bar Association's (LBA) Professional Responsibility Committee, and as Chair of the Association
of American Law Schools' (AALS) Criminal Justice Section and serves on the AALS Planning
Committee for the New Law Teacher's Workshop. He has also served on the American Civil Liberties
Union of Kentucky's Legal Panel and Board of Directors.
Books, Chapters, and Journal Articles
• *Governmentally Imposed Truth: An Examination of France’s Holocaust Denial Law, TEX. TECH.
L. REV. (forthcoming 2009).
• Cantwell v. Connecticut, in SUPREME COURT ENCYCLOPEDIA (forthcoming 2008).
• Introduction: Administrative Law Discussion Forum, AD. L. REV. (forthcoming 2008).
• Introduction: Fifth Remedies Discussion Forum, LOYOLA L. REV. (forthcoming 2008).
• Police Powers, in SUPREME COURT ENCYCLOPEDIA (forthcoming 2008).
• Seditious Libel, in SUPREME COURT ENCYCLOPEDIA (forthcoming 2008).
• *CONCISE HORNBOOK SERIES: PRINCIPLES OF CRIMINAL PROCEDURE (3d ed. 2008).
• *CRIMINAL LAW: CASES, MATERIALS & PROBLEMS (2008).
• *CRIMINAL LAW: CASES, PROBLEMS AND EXERCISES (3d ed. 2008).
• *CRIMINAL PROCEDURE: CASES, PROBLEMS AND EXERCISES (3d ed. 2008).
• *FIRST AMENDMENT: CASES, MATERIALS AND PROBLEMS (2d ed. 2008).
• *INSIDE CONSTITUTIONAL LAW: WHAT MATTERS & WHY (2008).
• INSIDE CRIMINAL LAW: WHAT MATTERS & WHY (2008) (with J. Burkoff).
• Remedies as a Capstone Course, 27 REV. LITIG. 269 (2008) (with David Partlett).
• *PRINCIPLES OF CRIMINAL PROCEDURE (2d ed. 2007).
• *PRINCIPLES OF REMEDIES LAW (2007).
• *SELECTED FEDERAL AND STATE ADMINISTRATIVE AND REGULATORY LAWS (2007) .
• *TEACHER’S MANUAL FOR CRIMINAL PROCEDURE: CASES, PROBLEMS & EXERCISES (2007).
• ADMINISTRATIVE LAW: BLACK LETTER OUTLINE (2006) (with William Araiza).
• *ADMINISTRATIVE PROCEDURE AND PRACTICE: TEACHER’S MANUAL (2006).
• Chenery II and the Development of Federal Administrative Law, 58 ADMIN. L. REV. 815 (2006)
(with Linda D. Jellum).
• *CONSTITUTIONAL LAW: CASES, MATERIALS AND PROBLEMS (2006).
• *CONSTITUTIONAL LAW: CASES, MATERIALS AND PROBLEMS: TEACHER’S MANUAL (2006).
• CONTEMPORARY SUPREME COURT CASES: LANDMARK DECISIONS SINCE ROE V. WADE (2006) (with
Donald E. Lively).
• CONTEXTUAL NEGOTIATION: FACILITATED PROCEDURES AS ADVANCED NEGOTIATION (2006) (with R.
Hanson Lawton).
• CONTEXTUAL NEGOTIATION: FACILITATED PROCEDURES AS ADVANCED NEGOTIATION: TEACHER’S MAN-
UAL (2006) (with R. Hanson Lawton).
• *CRIMINAL LAW : CASES, PROBLEMS, AND EXERCISES (2d ed. 2006).
• *CRIMINAL LAW : CASES, PROBLEMS, AND EXERCISES: TEACHER’S MANUAL (2006).
• *THE FIRST AMENDMENT: CASES, PROBLEMS AND MATERIALS (2006).
• *THE FIRST AMENDMENT: TEACHER’S MANUAL (2006).
*Indicates multiple coauthors.
76

Russell L. Weaver
• *THE RIGHT TO SPEAK ILL: DEFAMATION, REPUTATION, & FREE SPEECH (2006).
• *SELECTED FEDERAL AND STATE ADMINISTRATIVE AND REGULATORY LAWS (2006 ed.).
• Introduction: Defamation Discussion Forum, 110 PENN. ST. L. REV. 515 (2006).
• Introduction: Fourth Remedies Discussion Forum, 39 AKRON L. REV. 905 (2006).
• Defamation, Free Speech and Democratic Governance, 50 N.Y.L. SCH. L. REV. 57 (2006) (with
David F. Partlett).
• Speech and Technology, 110 PENN ST. L. REV. 703 (2006).
• ADMINISTRATIVE LAW QUESTIONS AND ANSWERS (2005) (with Karen A. Jordan).
• *CRIMINAL LAW: CASES, PROBLEMS AND EXERCISES (2d ed. 2005).
• THE FIRST AMENDMENT: QUESTIONS AND ANSWERS (2005) (with W. Araiza).
• REMEDIES: BLACK LETTER OUTLINE (2005) (with M. Kelly).
• *TEACHER’S MANUAL FOR CRIMINAL LAW: CASES, PROBLEMS AND EXERCISES (2d ed. 2005).
• *TEACHER’S MANUAL FOR TORTS: CASES, MATERIALS, PROBLEMS AND EXERCISES (2005) .
• *TORTS: CASES, MATERIALS, PROBLEMS AND EXERCISES (2d ed. 2005).
• *Defamation Law and Free Speech: Reynolds v. Times Newspapers and the English Media, 37
VAND. J. TRANSNAT’L L. 1255 (2005).
• Introduction: Second Criminal Procedure Discussion Forum, 109 PENN. ST. L. REV. 907 (2005).
• Investigation and Discretion: The Terry Revolution at Forty (almost), 109 PENN. ST. L. REV. 907
(2005).
• *PRINCIPLES OF CRIMINAL PROCEDURE (2004).
• *REMEDIES: CASES, PRACTICAL PROBLEMS AND EXERCISES (2004).
• SCHOOL BUSING: SEGREGATION AND STRUCTURAL INJUNCTIONS (2004).
• *TEACHER’S MANUAL FOR CRIMINAL PROCEDURE: CASES, PROBLEMS AND EXERCISES (2d ed. 2004).
• *TEACHER’S MANUAL FOR REMEDIES: CASES, PRACTICAL PROBLEMS AND EXERCISES (2004).
• An APA Provision on Non-legislative Rules?, 56 ADMIN. L. REV. 1179 (2004).
• Defamation, the Media and Free Speech: Australia’s Experiment with Expanded Qualified Privilege,
36 GEO. WASH INT’L L. REV. 377 (2004) (with D. Partlett).
• Introduction: Third Remedies Discussion Forum, 41 SAN DIEGO L. REV. 1407 (2004).
• The Perils of Being Poor: Indigent Defense and Effective Assistance, 42 BRANDEIS L. J. 435
(2004).
• The Rise and Decline of Structural Remedies, 41 SAN DIEGO L. REV. 1617 (2004).
• *TORTS: CASES, MATERIALS & PROBLEMS (2003) .
• UNDERSTANDING THE FIRST AMENDMENT (2003) (with Donald E. Lively).
• An Introduction to the Criminal Procedure Discussion Forum, 42 BRANDEIS L.J. 187 (2003).
• Introduction: First Amendment Discussion Forum, 41 BRANDEIS L.J. 395 (2003).
• Like a Ghoul in a Late Night Horror Movie, 41 BRANDEIS L.J. 587 (2003).
• Restitution: Ancient Wisdom, 36 LOY. L.A. L. REV. 975 (2003) (with David E. Partlett).
• Second Remedies Discussion Forum: Restitution, 36 LOY. L.A. L. REV. 777 (2003) (with David E.
Partlett).
• *CRIMINAL LAW: CASES, MATERIALS & PROBLEMS (2002).
• THE FIRST AMENDMENT: CASES, MATERIALS & PROBLEMS (2002) (with Arthur D. Hellman).
• *SELECTED FEDERAL AND STATE ADMINISTRATIVE AND REGULATORY LAWS (2002 ed.).
• Belarus, in LEGAL SYSTEMS OF THE WORLD 136 (2002) (with John C. Knechtle).
*Indicates multiple coauthors.
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Russell L. Weaver
• *ADMINISTRATIVE LAW AND PRACTICE: PROBLEMS AND CASES (2d ed. 2001).
• *CRIMINAL PROCEDURE: CASES, MATERIALS, PROBLEMS & EXERCISES (2001).
• *TEACHER'S MANUAL FOR ADMINISTRATIVE LAW: CASES, MATERIALS, PROBLEMS & EXERCISES (2d ed.
2001).
• *TEACHER’S MANUAL FOR CRIMINAL PROCEDURE: CASES, MATERIALS, PROBLEMS & EXERCISES (2001).
• Filling Cavities, 39 BRANDEIS L.J. 677 (2001) (with D. Partlett).
• *CONSTITUTIONAL LAW: CASES, HISTORY & DIALOGUES (2d ed. 2000) (as supplemented).
• Defamation Law in Turmoil: The Challenges Presented by the Internet, J. INFO. L. & TECH., 3
(2000), http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2000_3/weaver.
• Does “Practicality” Have a Place in the “Cannon of Constitutional Law”?, 17 CONST. COMMENTARY
341 (2000).
• Free Speech, Crime & the Challenge of Advancing Technology, 14 INT’L REV. L. COMPUTERS &
TECH. 25 (2000).
• Teaching (and Testing) Administrative Law, 38 BRANDEIS L.J. 273 (2000).
• The United Kingdom Bill of Rights 1998: The Moderisation of Rights in the Old World, 33 U.
MICH. J. OF L. REFORM 497 (2000) (with Clive Walker).
• *SELECTED FEDERAL AND STATE ADMINISTRATIVE AND REGULATORY LAWS (1999).
• Human Liberty and Freedom of Speech, 37 ARCHIV DES VOLKERRECHTS 472 (1999).
• Striking a Balance: Hate Speech, Freedom of Expression and Non-Discrimination, 37 ARCHIV
DES VOLKERRECHTS 471 (1999).
• *READINGS IN CRIMINAL LAW (1998).
• Implied Rights and the Australian Constitution: A Modified New York Times, Inc. v. Sullivan Goes
Down Under, 8 SETON HALL CONST. L. J. 459 (1998) (with Kathe Boehringer).
Other Publications
• Chevron and Regulatory Challenges, KY BENCH & BAR, March 2004, at 6.
• At U of L: Beyond the Surveys, COURIER JOURNAL, December 23, 2001, at Forum Section.
• Even Distasteful, Discomforting Speech is Protected, COURIER JOURNAL, December 8, 2001, at
Forum Section.
• Justice and the Sleeping Lawyer, COURIER-JOURNAL, Nov. 11, 2000, at A9.
• Should Judges Attend Privately Funded Programs?, COURIER-JOURNAL, Oct. 21, 2000, at Forum.
*Indicates multiple coauthors.
78

A
Administrative Law
Arnold, Craig Anthony (Tony)
Duncan, Susan
Jordan, Karen A.
Trucios-Haynes, Enid
Weaver, Russell L.
Affirmative Action
Marcosson, Samuel A.
Powell, Cedric Merlin
Rothstein, Laura
Trucios-Haynes, Enid
Agricultural Law
Chen, Jim
Alternative Dispute Resolution
Animal Law
Antitrust
B
Arnold, Craig Anthony (Tony)
Weaver, Russell L.
Cross, John
Cross, John
Jordan, Karen A.
Bankruptcy/Debtor-Creditor
Nowka, Richard H.
Basic Legal Skills
see Legal Writing
Index
Faculty are arranged by courses taught and areas of expertise.
Brandeis, Justice Louis D.
Arnold, Craig Anthony (Tony)
Campbell, Peter Scott
Metzmeier, Kurt X.
Rothstein, Laura
Business Organizations
Blackburn, Thomas R.
Nicholson, Lisa H.
Warren, Manning Gilbert III
Business Planning
C
Blackburn, Thomas R.
Smith, Lars S.
Civil Procedure
Civil Rights
Abramson, Leslie W.
Cross, John
Ewald, Linda S.
Jordan, Karen A.
Lens, Jill Wieber
Powell, Cedric Merlin
Rothstein, Laura
Trucios-Haynes, Enid
Commercial Law
Nowka, Richard H.
Communications Law
Chen, Jim
Weaver, Russell L.

Conflicts of Law
Cross, John
Lay, Norvie L.
Stenger, Robert L.
Constitutional Law
Contracts
Abramson, Leslie W.
Chen, Jim
Cross, John
Jordan, Karen A.
Marcosson, Samuel A.
Milligan, Luke M.
Powell, Cedric Merlin
Stenger, Robert L.
Trucios-Haynes, Enid
Weaver, Russell L.
Giesel, Grace M.
Hall, Timothy S.
Lay, Norvie L.
Nicholson, Lisa H.
Nowka, Richard H.
Copyright Law
Cross, John
Ensign, David J.
Smith, Lars S.
Corporate Law
see Business Organizations
Corporate Liability
Nicholson, Lisa H.
Index
Criminal Law
Duncan, Susan
Marcosson, Samuel A.
Milligan, Luke M.
Powell, Cedric Merlin
Weaver, Russell L.
Criminal Procedure
D
Abramson, Leslie W.
Milligan, Luke M.
Weaver, Russell L.
Decedents’ Estates and Trusts
Jones, James T.R.
Lay, Norvie L.
Stenger, Robert L.
Disability Law
Marcosson, Samuel A.
Rothstein, Laura
Diversity in Education
Duncan, Susan
Harris, Robin R.
Marcosson, Samuel A.
Powell, Cedric Merlin
Rothstein, Laura
Domestic Relations
see Family Law

E
Education Law
Duncan, Susan
Rothstein, Laura
Weaver, Russell L.
Employment Law
Ewald, Linda S.
Rothstein, Mark A.
Entrepreneurship
Blackburn, Thomas R.
Smith, Lars S.
Environmental and Natural Resources Law
Arnold, Craig Anthony (Tony)
Chen, Jim
Estate Planning/Probate
Blackburn, Thomas R.
Lay, Norvie L.
European Union Law
Warren, Manning Gilbert III
Evidence
Jordan, Karen A.
Lens, Jill Wieber
Powell, Cedric Merlin
F
Render, Edwin R.
Family Law
Bean, Kathleen S.
Ewald, Linda S.
Santry, Shelley M.
Stenger, Robert L.
Index
Federal Courts
Cross, John
Lens, Jill Wieber
First Amendment
G
Duncan, Susan
Milligan, Luke M.
Powell, Cedric Merlin
Tomain, Joseph A.
Weaver, Russell L.
Genetics and the Law
H
Rothstein, Mark A.
Harlan, Justice John Marshall
Campbell, Peter Scott
Metzmeier, Kurt X.
Hate Speech
Powell, Cedric Merlin
Health Law and Policy
Hall, Timothy S.
Jordan, Karen A.
Parento, Emily W.
Rothstein, Mark A.
Stenger, Robert L.
Holocaust Denial
Weaver, Russell L.
Housing/Real Estate
Arnold, Craig Anthony (Tony)

I
Immigration
Trucios-Haynes, Enid
Insurance Law
Hall, Timothy S.
Intellectual Property
Cross, John
Smith, Lars S.
International Private Law
Cross, John
Lay, Norvie L.
International Public Law
J
Trucios-Haynes, Enid
Warren, Manning Gilbert III
Judicial Ethics
see Professional Responsibility
Jurisprudence
Abramson, Leslie W.
Stenger, Robert L.
Milligan, Luke M.
Juvenile Law
L
Labor Law
Bean, Kathleen S.
Duncan, Susan
Levinson, Ariana R.
Render, Edwin R.
Rothstein, Mark A.
Index
Land Use Planning and Regulation
see Zoning and Land Use
Law and Literature
Hilyerd, William A.
Leibson, David J.
Law and Society
Arnold, Craig Anthony (Tony)
Law and Technology
Cross, John
Hilyerd, William A.
Tomain, Joseph A.
Legal Ethics
see Professional Responsibility
Legal History
Campbell, Peter Scott
Metzmeier, Kurt X.
Stenger, Robert L.
Legal Research
Campbell, Peter Scott
Ensign, David J.
Harris, Robin R.
Hilyerd, William A.
Metzmeier, Kurt X.
Smith, Virginia M.
Legal Writing
Barris, Linda J.
Bean, Kathleen S.
Duncan, Susan
Fischer, Judith D.
Jones, James T.R.
Levinson, Ariana R.

Legislation
M
Chen, Jim
Mental Health Law
Hall, Timothy S.
Jones, James T.R.
Leibson, David J.
Mental Illness in the Legal Profession
Jones, James T.R.
Rothstein, Laura
Mergers and Acquisitions
Millennials
N
Nicholson, Lisa H.
Rothstein, Laura
Native American Law
Cross, John
Negotiable Instruments
P
Patent Law
Privacy
Leibson, David J.
Nicholson, Lisa H.
Cross, John
Smith, Lars S.
Milligan, Luke M.
Rothstein, Mark A.
Index
Professional Responsibility
Abramson, Leslie W.
Ewald, Linda S.
Giesel, Grace M.
Hall, Timothy S.
Powell, Cedric Merlin
Warren, Manning Gilbert III
Property and Land Use
Arnold, Craig Anthony (Tony)
Render, Edwin R.
Rothstein, Laura
Smith, Lars S.
Stenger, Robert L.
Public Health Law
Rothstein, Mark A.
Public Utility Law
R
Chen, Jim
Race and the Law
Regulation
Remedies
Powell, Cedric Merlin
Trucios-Haynes, Enid
Arnold, Craig Anthony (Tony)
Chen, Jim
Trucios-Haynes, Enid
Arnold, Craig Anthony (Tony)
Lens, Jill Wieber
Weaver, Russell L.

Right of Publicity
S
Cross, John
Smith, Lars S.
Secured Transactions
Nowka, Richard H.
Smith, Lars S.
Securities Regulation
Nicholson, Lisa H.
Warren, Manning Gilbert III
Special Education Law
Rothstein, Laura
Statutory Interpretation
T
Taxation
Torts
Chen, Jim
Blackburn, Thomas R.
Lay, Norvie L.
Jones, James T.R.
Leibson, David J.
Lens, Jill Wieber
Rothstein, Laura
Rothstein, Mark A.
Stenger, Robert L.
Weaver, Russell L.
Index
Trademark Law
Cross, John
Smith, Lars S.
Trade Secret Law
U
Cross, John
Smith, Lars S.
Unfair Competition Law
Cross, John
Uniform Commercial Code
W
Leibson, David J.
Nowka, Richard H.
Smith, Lars S.
Water Resources Law
Arnold, Craig Anthony (Tony)
Women and the Law
Z
Fischer, Judith D.
Zoning and Land Use
Arnold, Craig Anthony (Tony)

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