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faculty news Judith Kilpatrick was named associate dean for diversity, planning, and special projects in July 2006. She has published “Wiley Austin Branton: A Role Model for All Times,” 48 Howard Law Journal 827 (2005) and “Wiley A. Branton and Cooper v. Aaron: America Fulfills Its Promise,” Arkansas Historical Quarterly 65, no. 1 (spring 2006): 7- 21. She completed the biographical entries on “Wiley Austin Branton” and “Christopher C. Mercer” (two of the school’s early African American graduates) for The Encyclopedia of Arkansas History & Culture and will co-author the general entry on “Law” for the online publication. Kilpatrick has a forthcoming entry on “Wiley Austin Branton” for the African American National Biography, W.E.B. Du Bois Institute, Harvard University, Cambridge, in collaboration with Oxford University Press. Her biography of Wiley Branton will be published by the University of Arkansas Press in 2007. She was a panelist on “Wiley A. Branton and Cooper v. Aaron: America Fulfills Its Promise” for the Mid-America History Conference in Lawrence, Kan., in September 2005 and will be a panelist on “Desegregation in Little Rock, the Legal Battle” for the national Oral History Association in Little Rock, Ark., in October 2006. She spoke on “The Ethics of Mediation/Applicable Law & Professional Rules/Making the Best Use of Requirements” at the 2005 Alternative Dispute Resolution “So You Think Your Practice Doesn’t Use Mediation,” Arkansas Bar Association Dispute Resolution Section in Little Rock, Ark., in April. Robert Laurence was interviewed on the air by the Australian Broadcasting Corporation in June 2005 about American Indian and Australian Aboriginal law, and he served on a panel sponsored by the National Resources Journal and the American Indiana Law Center talking about the federal government’s trust responsibility toward Indian tribes. He offered a private-law, instructional alternative in April 2005. Laurence also spoke to the Arkansas Farm Bureau on “Current Issues in Equine Law” in November 2005. Rob Leflar taught comparative law at the University of Tokyo during the 2005-06 academic year while on leave. Leflar returned this year to teach Torts, Health Law, and Products Liability. His research project comparing Japanese and American approaches to the problems of medical error, supported by grants from the Japan Foundation and the Japan Society for the Promotion of Science, has resulted so far in these publications: “Medical Error as Reportable Event; as Tort; as Crime: A Transpacific Comparison,” 12 Widener L. Rev. 189-225 (2005); “Amerika ni okeru Iryo Rinri Kitei no Kinoteki Bunseki [A Functional Analysis of Medical Ethics Codes]” (Chiaki Sato trans.), in Seimei Rinri to Ho [Bioethics and the Law] 99-116 (Norio Higuchi & Yuko Tsuchiya eds., Tokyo: Kobundo 2005) (in Japanese); and a book review of Luke Nottage, Product Safety and Liability Law in Japan: From Minamata to Mad Cows, in 25 Japanese Studies 307 (2005). Professor Leflar also gave lectures and presented papers at a wide variety of conferences, workshops, and other university settings in Japan and the United States. Since the beginning of 2006, these included “Disclosure of and Apology for Medical Error: Changes in Law and Practice in the U.S. and Japan,” Japan Ass’n of Law & Society, Waseda Univ., Tokyo, July 15, 2006; “Law and Patient Safety in the U.S. and Japan,” Workshop on Medical Safety and the Law, Univ. of Tokyo, July 8, 2006 (keynote speaker); “Nihon to Amerika ni okeru iryō anzen mondai (iryō kago) ni tsuite” [Issues in Patient Safety and Medical Malpractice in Japan and the U.S.], Dokkyō Univ. School of Law, Sōka, Saitama, June 14, 2006 (in Japanese); “Nichibei hikaku no shiten kara mita iryō jiko o meguru hō to seiji” [The Law and Politics of Medical Error from a Comparative Perspective], Kyoto Univ. Hospital, June 2, 2006 (in Japanese); “Medical Error as Crime in Japan,” Freeman Symposium on Health, Law, and Justice in Asia, Dickinson College, Carlisle, Pa., April 28, 2006 (opening speaker); “Rikōru seido no kyōka to anzen jōhō no kyōyūka: Beikoku no jijō” [Strengthening the Product Recall System and Sharing Information: U.S. Developments], PL Ombuds Kaigi, Tokyo, Apr. 4, 2006 (in Japanese); “Crimes, Torts, Accident Reports: Factual Investigations in the Medical Context,” Int’l Workshop on Safety Law Systems, Univ. of Tokyo, Feb. 14, 2006; “The Law, Politics, and Media Treatment of Medical Error from a Comparative Perspective,” 1 st Int”l Forum on Patient Safety, Univ. of Tokyo Graduate School of Medicine, Jan. 23, 2006; “Amerika kara no goaisatsu” [Salutation from America], Japan Federation of Bar Ass’ns Symposium on Four Proposed Consumer Rights Laws, Tokyo, Jan. 21, 2006 (in Japanese); and “Patient Safety and Medical Ethics: The Dilemmas of Medical Error Disclosure,” Yokohama City Univ. Faculty of Medicine, Jan. 16, 2006. Mary Beth Matthews presented “Considerations in Choosing Small Business Entities” to the Benton County Bar Association on March 2, 2006, “Payment Devices” at Northwest Arkansas Debtor-Creditor Bar meeting on Nov. 2, 2005, and “The Latest News in Funds Transfers: Or When is a Check More Like a Debit Card?” at the Arkansas Bar Association mid-year meeting in Memphis, Tenn. on Jan. 21, 2005. She also co-wrote with Steve H. Nickles Payments Law in a Nutshell, 2005, Thomson West Company. Robert B. Moberly was appointed by Gov. Mike Huckabee as a Commissioner on the Arkansas Alternative Dispute Resolution Commission to serve from 2006-11. He also was elected as a fellow into the College of Labor and Employment Lawyers; was appointed to the National Academy of Arbitrators Committee on Professional Responsibility and Grievances; and was named Chair of the National Academy of Arbitrators Program Committee for the 2008 annual meeting in Ottawa, Canada. Professor Moberly chaired and spoke on a labor relations panel in New York City at Hofstra University’s 11th Presidential Conference, titled, “William Jefferson Clinton: The ‘New Democrat’ from Hope.” Moberly’s article, “Labor-Management Relations During the Clinton Administration,” has been accepted for publication by the Hofstra University School of Law Labor and Employment Law Journal. faculty news Michael W. Mullane presented “The Rule of Law” June 5, 2006, on National Public Radio’s program This I Believe. He made a CLE presentation to the Benton County Bar Association Aug. 3, 2006, in Bentonville, Ark. Cyndi Nance was named dean in July 2006. Her presentations in 2005 included: “Why Labor and Employment Ethics?” at the Labor and Employment Ethics Symposium at Chase College of Law in Covington, Ky. in November; “The Legal Case for Diversity,” Diversity: It’s Good Business – Building a More Inclusive Workplace and Community, the Northwest Arkansas Human Resources Association in Springdale in August; “Issues Raised by Ex Parte Communications with Labor and Employment Arbitrators,” I Shouldn’t Be Talking to You About This, But….: Ex Parte Communications in Labor and Employment Law, American Bar Association Annual Meeting in Chicago, June; “The Greensboro Truth and Reconciliation Commission,” Law and the Public-Private Dichotomy: Government Involvement in Private Life Law and Society Meeting in Las Vegas, May; “Legal Clinics and Specialty Bars: Partnerships with the Legal Community,” The Prophetic Work: Religion and Labor Uniting for Worker Justice Interfaith Worker Justice National Conference in Chicago, April; “Eighth Circuit Update,” Arkansas Bar Association, 28th Annual Labor and Employment Law Conference in Fayetteville; and “Are We Living Dr. King’s Legacy?” Third Annual Martin Luther King Day at Northwest Arkansas Community College in January. Nance was also the moderator for “1991 Amendments, Supreme Court Cases, Race and Beyond,” The Civil Rights Act Symposium, Arkansas Bar Association, Labor and Employment Law Section in Little Rock in September. Her publications include: “Why Labor and Employment Ethics?” Northern Kentucky Law Review (2006); “Widgets to Digits, Reimagining Protective Workplace Policy,” book review in Employee Rights and Employment Policy Journal, 2006; “Issues Raised by Ex Parte Communications with Labor and Employment Arbitrators,” American Bar Association, Labor and Employment Law Section, Proceedings; “A Colorable Claim Under Title VII,” 26 Berkeley Lab & Emp.
faculty news L. J. 433 (2005); and “Spoliation of Evidence in Employment Law Cases,” 40 Brandeis Law Journal 165 (2005). She was awarded the Arkansas Bar Association 2005 Outstanding Lawyer-Citizen Award and an Arkansas Bar Association Best of CLE 2005. Phil Norvell presented “Concurrent Ownership and Oil and Gas Leasing in Arkansas,” the Arkansas Bar Association’s Natural Resources Law Institute in Hot Springs, Ark., Feb. 24, 2006, and “Mineral Conveyancing and the Doctrine of After-Acquired Title,” Oklahoma Bar Association Meeting in Oklahoma City, Nov. 4, 2005. Doug O’Brien was named interim co-director of the National Agricultural Law Center for the academic year 2006-07. He presented “Animal Identification” to the staff of the U.S. House of Representatives in March 2005 in Washington, D.C.; “Investment Cooperatives” at the Texas Cooperative Manager’s Conference in Ruidosa, N.M., July 2005; “Producer Marketing Associations” at the National Workshop for State and Local Food Policy in Des Moines, Iowa, September 2005; and “Administrative Law Update” to the American Agricultural Law Association in Kansas City, Mo., October 2005. He published “Legal and Policy Considerations of Investor Friendly Cooperatives,” National Agricultural Law Center, Jan. 27, 2005, and co-wrote the book The Farmer’s Legal Guide to Producer Marketing Associations with Neil Hamilton and Robert Luedeman. Harrison M. Pittman was named interim co-director of the National Agricultural Law Center for the academic year 2006-07. He received the Ben J. Altheimer Distinguished Professorship for Agricultural Law to be an adjunct professor at the University of Arkansas at Little Rock William H. Bowen School of Law (summer 2005) and taught at the Arkansas Agricultural and Rural Leadership Program, University of Arkansas Division of Agriculture Cooperative Extension Service. He published West’s Federal Administrative Practice (updated chapters on Domestic Commodity Programs, Conservation Programs, Federal Crop Insurance, and National Appeals Division); “Validity, Construction, and Application of State Constitutional and Statutory Provisions Regarding Corporate Farming,” 125 Arkansas Law Review 5 th 147 (2005); “Validity, Construction, and Application of States’ Right-to-Farm Laws,” 8 Arkansas Law Review 6 th 465 (2005); “The Constitutionality of Corporate Farming Laws in the Eighth Circuit;” “Market Concentration, Horizontal Consolidation, and Vertical Integration in the Hog and Cattle Industries: Taking Stock of the Road Ahead;” “Supreme Court Considers Preemption of State Law Claims Under the Federal Insecticide, Fungicide, and Rodenticide Act;” and contributed a monthly legal column to Progressive Farmer magazine. Pittman presented “Brazilian Cotton Farmers and Arkansas Farms: The Road Ahead” to the Arkansas Bar Association Best of CLE Fayetteville, June 23, 2006; “Agricultural Law and Policy Issues in Arkansas,” Arkansas Bar Association annual meeting, Hot Springs, June 2006; “Future of Farm Programs and Relevance to Environmental Law,” annual meeting of the Environmental Law Section, Arkansas and Oklahoma Bar Associations, Eureka Springs, Ark., April 7, 2006; “Agricultural Liens in Arkansas and the United States,” Arkansas Bar Association mid-year meeting in Memphis, Tenn., Jan. 20, 2006; “Legal Developments Regarding Corporate Farming Laws and the Packers and Stockyards Act and Their Relationship to Agricultural Financing,” American Agricultural Law Association, American Bar Association Business Section: Ag Finance Subcommittee; “Brazilian Cotton Farmers and Arkansas Farms: The Road Ahead,” Arkansas Bar Association, Fall Legal Institute in Fayetteville, Ark., Oct. 14, 2005; “Use of Nonprofit Corporations in the Joint Producer Context,” Iowa State Food Policy Council; and “Recognizing Risk Exposure and Limiting Liability in the Agritourism Context,” Indiana Horticulture Congress. He was a moderator for the Panel of USDA Arkansas State Directors for Disaster Assistance, Farm Programs, Rural Development, and Conservation Programs at the Annual National Conference for the League of United Latin American Citizens. Pittman also founded the Agricultural Law Section of the Arkansas Bar Association, was the interim chair of the Agricultural Law Section, the chair of the Agricultural Law Section 2005, and was on the Membership Committee of the American Agricultural Law Association. Kathryn A. Sampson served as the faculty advisor for the School of Law Fall Moot Court Competition and the Ben J. Altheimer Spring Moot Court Competition. She was the faculty coach for the National Moot Court Competition and the Jessup International Law Moot Court Competition and presented “A Sabbatical Approach to Rejuvenation on Your Home Campus,” Legal Writing Institute in Atlanta, June 2006. She developed the course “Guardianship” in July 2005 and created its original casebook focused on Arkansas statutory and case law and legal scholarship. Sampson developed “Insurance Subrogation” in May 2005 and created the casebook, focusing on Arkansas cases and statutes, the outlines and the suggestions of subrogation issues from Bob Jerry’s Understanding Insurance Law. Sampson was re-elected in July 2005 to a second fiveyear term on the Winthrop Rockefeller Distinguished Lectures (WRDL) Committee, which is comprised of state business leaders and faculty members from five Arkansas universities. Recent WRDL speakers include poet laureate Billy Collins on Feb. 6, 2006 and novelist Isabel Allende, who spoke Oct. 26, 2004. Sampson has continued as co-chair of the University of Arkansas Distinguished Lectures Committee, which has brought James Carville and Mary Matalin, March 30, 2006, and Robert Redford on May 5, 2005. Susan A. Schneider’s legal publications include: “Who Gets the Check: Determining When Federal Farm Program Payments Are Property of the Bankruptcy Estate,” 84 Neb. L. Rev 469 (2005); “Bankruptcy Reform: Changes to Chapter 12 – Adjustment of Debts of a Family Farmer,” 2005 Arkansas Law Notes (fall 2005); and “Bankruptcy Reform and Family Farmers: Correcting the Disposable Income Problem,” 38 Tex. Tech L. Rev. 309 (2006). She was a contributing author to Consumer Bankruptcy Law and Practice, “Update on Chapter 12 Under the 2005 Bankruptcy Reform Act,” National Consumer Law Center (2005) and “Bankruptcy Reform: Changes to Chapter 12 – Family Farmer Reorganization,” Farmers’ Legal Action Report, Vol. 20, Issue 2 at 1 (2005). She presented the following: “Farm Program Payments in Bankruptcy” at the Arkansas Bar Association faculty news Best of CLE Fayetteville on June 23, 2006; “Hmong Poultry Farmers in Northwest Arkansas, Missouri and Oklahoma” at the Farmer Legal Action Group, Inc., seminar Cutting Edge Issues in Agriculture Today on June 12, 2006 in St. Paul, Minn.; and “Federal Programs in Bankruptcy: Who Gets the Check?” at the Best of CLE Fayetteville and at the Arkansas Bar Association mid-year meeting in Memphis, Tenn., January 2006. Schneider also presented at the American Agricultural Law Association Annual Educational Conference in Kansas City, Mo., October 2005, and at the Farm, Ranch & Agribusiness Bankruptcy Institute in Lubbock, Texas, September 2005. Her professional services in 2005 included completing a three-year term on the Board of Directors of the American Agricultural Law Association (AALA). Schneider is Chair of the Communications Committee for the AALA and a 2005-06 member of the Nominations Committee. Steve Sheppard earned his Doctor of Science of Law in 2006 from Columbia University. He co-wrote American Law in a Global Context: The Basics with George P. Fletcher (Oxford University Press, 2005), an introduction to the law and law practice of the United States. The book is the primary textbook for the Masters of Law courses at Columbia, Indiana, Miami, New York University, and UCLA, among others (reviewed by Kirk Randazo, 15 Law and Politics Book Review 617 (2005). Sheppard also cowrote with Fletcher A Guide for Teachers: American Law in a Global Context: The Basics (Oxford University Press, 2005), a 250-page supplement for Web-based teaching. He published the following: “Guerrilla Parties, The Lieber Code, and the Law of War, in Francis Lieber” in Instructions for the Government of Armies of the United States (Lawbook Exchange, 2005), an essay, introducing the life of Francis Lieber and history of the document for the modern law of war; “Officials’ Obligations To Children: The Perfectionist Response to Liberals and Libertarians, Or Why Adult Rights Are Not Trumps Over the State Duty to Ensure Each Child’s Education,” 3 Michigan State Law Review (2005); “The Ghost in the Law School: How Duncan Kennedy Caught the Hierarchy Zeitgeist but Missed the Point,” 55 Journal of Legal Education 94 (March, June 2005), part of the symposium “Revisiting a Classic: Duncan Kennedy’s Legal Education and the
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