Faculty Scholarship and Activities Reported in January 2011

Associate Professor Linda Berger recently published Studying and Teaching “Law as Rhetoric”: A Place to Stand at 16 J. Legal Writing 3 (2010). Her essay, What is the Sound of a Corporation Speaking? “Just Another Voice,” according to the Supreme Court, appeared in ABA Administrative & Regulatory Law News (Spring 2010). In addition, she was selected as one of the first J. ALWD Visiting Scholars in Rhetoric & Writing for 2010-11, under a grant program initiated by ALWD to recognize and support legal writing scholarship. The visit focused on Rhetoric/Writing/Grammar Across the Curriculum Faculty Development Workshops, and was held at Chase College of Law, Northern Kentucky University.

Professor Joseph Claxton published a Book Review of Joel William Freidman’s, CHAMPION OF CIVIL RIGHTS: JUDGE JOHN MINOR WISDOM, at XCIV GA. HIST. Q. No. 3, 414 (2010).

Professor Timothy Floyd, and Associate Professors Oren Griffin and Karen Sneddon presented Beyond Chalk and Talk: The Law School Classroom of the Future, at the Society of American Law Teachers (SALT) Bi-Annual Teaching Conference in Honolulu, Hawaii in December, 2010. Professor Floyd is also the Chair of SALT’s Alternatives to the Bar Exam Committee.

Associate Professor Oren Griffin also presented New Challenges to Academic Freedom at the 2011 National Conference on Law and Higher Education at Stetson University College of Law.

Associate Professor Sarah Gerwig-Moore will be publishing her article Saving Their Own Souls: How RLUIPA Failed to Deliver on its Promises in the Rutgers Journal of Law and Religion (2011). She was also recently awarded the Justice Robert Benham Award for Community Service by the Georgia State Bar.

Professor David Hricik recently published PATENT ETHICS: LITIGATION (2010). In addition, he was recently quoted along with the other leading experts on issues concerning ethics and media in an article in the ABA journal.

Associate Professor Linda Jellum will be publishing The Absurdity Doctrine: Why Specific Absurdity Undermines Textualism, at 76 Brooklyn L. Rev. (2011). Her article, The Art of Statutory Interpretation: Identifying the Interpretive Theory of the Judges of the United States Court of Appeals for Veterans’ Claims and the United States Court of Appeals for the Federal Circuit is forthcoming in 49 U. Louisville L. Rev. (2010). Her article, The U.S. Court of Appeals for Veterans’ Claims: Has it Mastered Chevron’s Step Zero? appears in 3 Veterans L. Rev. 67 (2011). She also recently published Neither Fish Nor Fowl: Administrative Judges in the Modern Administrative State, in Windsor Yearbook of Access to Justice (2010), Volume 28, Issue 2 (co-authored with Professor R. Weaver.)

In addition to her publications, Professor Jellum recently presented Getting to No: Law Professor and the Work-Life Balance at the Association of American Law Schools’ Annual Conference in San Francisco, California. She also presented Comparative Administrative Law of the EU and US, at the Constitutional Administrative Law Forum at the University of Aix-Marseille III, France, and But That’s Absurd: Why Specific Absurdity Undermines Textualism, at a Brooklyn Law School Symposium and the Southeastern Scholars’ Conference at Charleston School of Law. She is currently a council member of the American Bar Association’s Administrative Law and Regulatory Practice Section and Chair of the American Association of Law Schools’ New Law Professors Section.

Professor Harold Lewis recently published Teaching Civil Rights with an Eye on Practice: The Problem of Maintaining Morale, at 54 St. Louis U. L. J. 769 (2010).

Professor David Oedel published an editorial (co-authored with randy E. Barnett) entitled ObamaCare and the General Welfare Clause in the December 27, 2010 issue of the Wall Street Journal. Professor Oedel also presented Can Redistricting Reforms Reduce Polarization in Congress? at the Woodrow Wilson Center in Washington, D.C. and presented Our Pending National Debate: Is Healthcare Reform Constitutional? as a “hot topic” presentation at the Association of American Law Schools’ Annual Meeting in San Francisco.

Dean Gary Simson will be publishing Rethinking Choice of Law: What Role for the Needs of the Interstate and International Systems? in LOOKING TO THE FUTURE: ESSAYS ON INTERNATIONAL LAW IN HONOR OF W. MICHAEL RESIMAN 235-59 (cogan et al eds. 2011). His article, Religion, Same-Sex Marriage, and the Defense of Marriage Act is forthcoming in 41 Cal. Western Int’l. L. J. (2011).

Associate Professor Karen Sneddon will be publishing In the Name of God, Amen: Language in Wills, in 29 Quinnipiac L. Rev. (2011); Speaking for the Dead: Voice in Last Wills and Testaments, in 85 St. John’s L. Rev. (2011) and New Ways to Teach Drafting and Drafting Ethics, in Transactions: The Tenn. J. Of Bus. Law (2011).

Assistant Professor Scott Titshaw will be publishing A Modest Proposal: to deport the Children of Gay Citizens, & etc.: Immigration Law, the Defense of Marriage Act and the Children of Same Sex Couples, in 25 Geo. Immigr. L.J. (2011) and Sorry Ma’am, Your Baby is an Alien: Outdated Immigration Rules and Assisted Reproductive Technology, in 12 Fla. Coastal L. Rev. (2010).

Faculty Scholarship and Activities reported in September 2010

Richard Creswell, professor, wrote an op-ed piece in August for the Cherokee Tribune as part of the Blue Ridge Bar Association’s From the Bench & Bar series titled “Animal Law – An Emerging Field of Legal Practice.”

David Hricik, professor, gave a presentation in September titled “The Ethical IP Lawyer Meets the Internet” to the Carolina Patent, Copyright & Trademark Association at its annual meeting in Isle of Palms, S. C. Also in September, Professor Hricik spoke at the Annual Retreat of the Eckert Seaman’s law firm in Bedford Pennsylvania; gave a presentation on ethical issues in intellectual property practice at the Du Pont Country Club in Wilmington, Del., at the Widener University School of Law Annual Intellectual Property CLE; appeared on a panel with Professor Frank Quirk, director of the Miller-Becker Center for Professional Responsibility of the University of Akron School of Law, at the 2010 Intellectual Property Owners Annual Meeting in Atlanta, where they discussed ethical issues in patent practice.

David G. Oedel, professor, wrote an op-ed piece in September for the Atlanta Journal Constitution newspaper on the legal merits of state law suits against the new health care law. Professor Oedel is deputy special attorney general for Georgia in its lawsuit against the federal health care law.

Sue Painter-Thorne, associate professor, along with Professors Linda Berger and Karen Sneddon, presented at the 2010 Summer Conference of the Institute of Law Teaching and Learning on "Not Your Mother's Rhetoric: Teaching Rhetorically Across the Curriculum." Professor Painter-Thorne also presented at the 14th Biennial Conference of the Legal Writing Institute on June 30 with Professor Rebekah Handley of the University of Oregon on “Writing to—and for—the Bench: How Legal Practitioners Can Help Judges Write Good Opinions.” Her article "Tangled Up in Knots: How Continued Federal Jurisdiction over Sexual Predators on Indian Reservations Hobbles Effective Law Enforcement to the Detriment of Indian Women," has been accepted for publication by the New Mexico Law Review to be published in 2011, and she has been asked to speak at the University of South Carolina’s Race and the Family Conference, held October 14-15, on the topic of the Indian Child Welfare Act. Her presentation is called, “Ill Defined & Misunderstood: ‘Indians,’ ‘Family,’ and the Indian Child Welfare Act.”

Faculty Scholarship and Activities reported in August 2010

David Hricik, professor, recently had a book he co-authored receive glowing reviews. The book, Drafting Patents for Litigation and Licensing, has been adopted by Marquette University School of Law as the required textbook for a patent law course. Another book review of one of Professor Hricik's books with Oxford University Press, Patent Ethics: Prosecution, co-authored with Mercedes Meyers, was reviewed in the IP Law Book Review by Professor Christopher Holman. In August, Professor Hricik gave a presentation titled, "An Ethical Lawyer Meets the Internet" at the University of Rhode Island. He gave the same talk the following day at Roger Williams University School of Law.

Michael Sabbath, professor and holder of the Southeastern Bankruptcy Law Institute/Walter Homer Drake, Jr. Endowed Chair in Bankruptcy Law, was a speaker at a bankruptcy skills training program held in Atlanta in August. The program, titled “Nuts & Bolts: Bankruptcy Fundamentals for New and Young Practitioners,” was sponsored by the American Bankruptcy Institute, the Bankruptcy Section of the Atlanta Bar Association, and the Metro-Atlanta Consumer Bankruptcy Attorneys Group. Professor Sabbath spoke on a panel with several bankruptcy court judges, the Honorable James E. Massey, and the Honorable James D. Walker, Jr.

Law school dean, Constitutional Law scholar to speak at Mercer’s Constitution Day event

MACON – The new dean of Mercer University’s Walter F. George School of Law is scheduled to speak during the University’s observance of Constitution Day, a national holiday that commemorates the ratification of the U.S. Constitution on Sept. 17, 1787. Mercer Law School Dean Gary J. Simson, one of the nation’s leading Constitutional Law scholars, will discuss “The Constitution and Religion.” The event will be held at 10 a.m. Sept. 17 in the medical school auditorium at Mercer University. The event is free and open to the public.

Faculty Scholarship and Activities reported in April 2010

Tim Floyd, professor, was quoted in a recent article in The Atlanta Journal-Constitution titled “Lawyers a luxury in rural Georgia.” The story focused on the shortage of attorneys in rural areas in Georgia, the increase in self-representation, and the work of Georgia Legal Services Program to help alleviate the need caused by these obstacles. Read article.

David Hricik, professor, spoke in April at Franklin Pierce Law Center's Premier Annual Intellectual Property Law Symposium in Concord, N. H. on the topic “How Ethical Rules Frustrate Compliance with Rule 11, Iqbal, and Exergen.” Also in April, Professor Hricik gave a presentation in Los Angeles at a seminar sponsored by the UCLA School of Law on ethical issues in patent practice; he served on a panel in Washington, D.C., along with Mercedes Meyer at the ABA IP Section's Annual Meeting concerning subject- matter conflicts in patent practice. Professor Hricik completed his service in the Organizing Committee for the Atlanta IP Inn of Court, only the 10th of its kind in the country, and was selected as a Master to the Inn. He has been working with professors from Emory, John Marshall, and other law schools to help bring the Federal Circuit Court of Appeals to hold hearings in Atlanta in November 2010. Professor Hricik’s paper, "Communications and the Internet: Facebook, E-Mail, and Beyond," was recently listed on SSRN's Top Ten download list for LSN Subject Matter eJournals and Legal Scholarship Network.

Steve Johnson, professor and associate dean of academic affairs, recently had two of his articles, “Economics v. Equity: Do Market-Based Environmental Protection Reforms Exacerbate Environmental Injustice?”, and “Economics v. Equity II: The European Experience,” translated into Chinese and re-published in Environmental Economy, a Chinese law journal. Additionally, his article “Ossifications Demise? An Empirical Analysis of EPA Rulemaking from 2001-2005,” was recently re-published in India as the first chapter of Environmental Protection: Regulatory Issues (L. Lakshmi ed., Icfai Univ. Press 2009). Professor Johnson’s latest article, “From Climate Change and Hurricanes to Ecological Nuisances: Common Law Remedies for Public Law Failures?” is forthcoming in the Georgia State University Law Review.

David Oedel, professor, was the lead author the opinion article in an April edition of the National Law Journal. The article examines the denationalization of the United States’ housing finance rules and was co-author by Ed Pinto, who was recently interviewed on this subject on the PBS Lehrer News Hour and has testified before Congress on the subject. Read article.

Jack Sammons, professor, will soon have published his article “The Law's Melody,” an exploration of transcendence in law through an analogy to music, in the Villanova Law Review as part of the Villanova Scarpa Lectures series. The paper was also recently presented at John Marshall Law School and was previously presented at Villanova as a tribute to Professor Joseph Vining of the University of Michigan. The article will also become a chapter in a book collection of articles about Professor Vining edited by James Boyd White and H. Jefferson Powell. Also, two other articles by Professor Sammons are forthcoming: “Justice as Play,” a reflection on the work of Johan Huizinga as applied to law, is forthcoming in the Mercer Law Review, at the request of the Review; and “Legal Writing Scholarship, Making Strange, and the Aesthetics of Legal Rhetoric,” suggesting a central perspective for legal writing scholarship, is forthcoming in the Legal Writing Symposium edition of the Mercer Law Review in 2010. Professor Sammons has also written an introduction to a collection of articles, tributes, memorials, interviews, and other writing about Mercer Law alumnus and former U.S. Attorney General Griffin B. Bell, ’48, which will be published this year by the Journal of Southern Legal History. The introduction is done as a character study of Judge Bell.

Scott C. Titshaw, assistant professor, will soon have published his article “The Meaning of Marriage: Immigration Rules and their Implications for Same-Sex Spouses in a World Without DOMA,” in the William and Mary Journal of Women and the Law. Professor Titshaw recently co-wrote a short, practice-oriented article titled “LGBT Issues Update: Same-Sex Marriage, Transgender Marriage-Based AOS, and Removal of the HIV Bar,” which is forthcoming this summer in the 2010-11 American Immigration Lawyers Association (AILA) Immigration & Nationality Law Handbook. In April, Professor Titshaw gave a two-hour guest lecture before the “Sexual Orientation and the Law” class at the University of Georgia School of Law, where he lectured on “The Meaning of Marriage,” and one on U.S. asylum law and its response to persecuted lesbians and gay men from around the world. In March, Professor Titshaw spoke at the Florida Coastal Symposium in March, where he presented findings on his recent research. At the symposium, he joined Mark Strasser of Capitol University Law School and two practicing attorneys on a panel focusing on “Marriage, Adoption and Family Law.” Also in March, Professor Titshaw presented a lecture on “The Meaning of Marriage” paper to the faculty at Charleston School of Law.