Tue Jan 27 2015   
Affilitiated Faculty
 

College News and Events

Arizona Law and Project Partners Receive $935,000 Grant to Work on DNA Exoneration Cases

The Arizona DNA Advocacy Project, a collaboration between the University of Arizona James E. Rogers College of Law’s Wrongful Conviction Clinic, the ASU Sandra Day O’Connor College of Law’s Postconviction Clinic, and the nonprofit Justice Project, has been awarded a significant grant to review cases where DNA evidence might prove the innocence of convicted defendants.

Grant funds were awarded from the Department of Justice, under the National Institute of Justice Postconviction Testing of DNA Evidence to Exonerate the Innocent program. The DNA Advocacy Project will investigate and evaluate potential cases of wrongful conviction in Arizona where DNA testing might show actual innocence, and bring appropriate cases forward for DNA testing. This unique partnership will for the first time provide coverage for most of Arizona.

Under the two-year $935,000 grant, law faculty with expertise in wrongful convictions and post-conviction practice will supervise and lead case reviews at both UA and ASU, working closely with law students to review and investigate cases. The nationally-respected Arizona Justice Project will contribute help in generating case leads as well as managing a certain number of cases.

As of last year, more than 300 people nationwide have been exonerated in the last two decades using DNA evidence, with four of those from Arizona. Given the extreme injustice of incarcerating innocent people, the DNA Advocacy Project will devote serious effort to investigating the cases of those who have a claim of innocence to determine if evidence exists and can be brought forth to establish their innocence.

Posted: 01/27/2015

Senior Judge Bates to Teach Short Course on National Security Surveillance Law

United States District Court for the District of Columbia Senior Judge John D. Bates, considered one of the nation’s top experts in national security law, will teach a short course on National Security Surveillance at Arizona Law January 27 – Feb. 5, 2015. The course will address the evolving law governing surveillance in the national security arena. The focus will be on electronic surveillance in the foreign intelligence and counter-terrorism fields with special emphasis on the Foreign Intelligence Surveillance Act (FISA). The use of national security surveillance in court and constitutional challenges to various aspects of national security surveillance will also be explored. During his two week stay with the College of Law, Judge Bates will be a Rehnquist Center Fellow.

Posted: 01/26/2015

Gabe Galanda ('00) Returns to Alma Mater as IPLP Distinguished Practitioner In Residence

Prominent lawyer and alumnus Gabriel S. Galanda (’00) returns to Arizona Law as the Indigenous Peoples Law and Policy (IPLP) Program Distinguished Practitioner In Residence, January 29 - 30, 2015.

An enrolled member of the Round Valley Indian Tribes, Galanda is a founding partner of the law firm Galanda Broadman, PLLC, in Seattle. His firm represents tribal governments, businesses, and members in all varieties of dispute resolution and business matters. Galanda’s practice focuses on complex, multi-party litigation and crisis management, representing tribal governments and businesses.

As an emerging leader in the legal profession, he was named to the Puget Sound Business Journal’s “40 Under 40” list in 2009, and to the National Center for American Indian Enterprise Development’s “Native American 40 Under 40.” Galanda also serves on the Native Nations Institute for Leadership, Management and Policy’s International Advisory Council.

As a Distinguished Practitioner In Residence, Galanda will share his expertise with students, consult with faculty, and deliver a free public lecture. His schedule is as follows:

  • Thursday, January 29, 12:15 p.m., Rountree Hall, Room 204
    Meeting with IPLP and other interested students and faculty for a pizza lunchtime talk hosted by IPLP as part of IPLP’s “Practicing Law in Indian Country” speaker series.
  • Thursday, January 29, 1:30 - 3:30 p.m., Rountree Hall, Room 308 (Professor Williams' office)
    Informal drop-in meetings with student and faculty. All welcome.
  • Friday, January 30, 2:30 - 3:30 p.m., Rountree Hall, Room 204.
    Free public lecture:  Curing the Tribal Disenrollment Epidemic:  In Search of a Remedy. This presentation involves research from Galanda’s work, forthcoming in the Arizona Law Review.

Galanda will also speak at the Arizona Law Scholarship Lunch, an invitational event.

For questions about the visit, or the IPLP Distinguished Practitioner In Residence program, please contact Professor Rob Williams at lumbee@email.arizona.edu.

Posted: 01/26/2015

The Mind and the Law Lecture Series Available as Podcasts on iTunes

Last fall’s popular The Mind and the Law 7-part lecture series is now available for free on iTunes here. The series of public lectures at The University of Arizona was sponsored by the College of Science and the James E. Rogers College of Law (Prof. Christopher Robertson) and the Cognitive Science Program in the School of Mind, Brain and Behavior (Prof. Massimo Piattelli-Palmarini). Read more about the series and the guest lecturers here.

Posted: 01/22/2015

AJICL Symposium Conference on the Work of James Anaya

On Friday, January 23, 1:30 - 5:15 p.m., in the Ares Auditorium, the Arizona Journal of International and Comparative Law (AJICL) is presenting a symposium on the work of Professor Jim Anaya as United Nations Special Rapporteur on the Rights of Indigenous Peoples (2008 - 2014). RSVPs are not required.

Speakers include:

  • Gina Cosentino, Director, Indigenous and Communal Conservation, The Nature Conservancy, Washington, D.C.;
  • Angela Riley, Professor, UCLA Law School;
  • Claire Charters, Professor, University of Auckland, Faculty of Law; and,
  • Andrew Erueti, Professor, University of Waikato, Faculty of Law, New Zealand.

Prior to the symposium, on Thursday, January 22, there will be a Brown Bag Lunch Discussion with the speakers from noon - 1:00 p.m., in the Sullivan Conference Room (Room 272). All are welcome to attend this informal conversation the day before the conference. Please bring your own lunch.

Posted: 01/21/2015

QuantLaw Hosts Law and Economic Scholars to Discuss Recent Work

On Monday, January 26, 2015, the QuantLaw program will present A Conversation with John Donohue (Stanford), Jeff Fagan (Columbia), and Saul Levmore (Chicago), from 4:00 - 5:30 p.m., in the Ares Auditorium. Each speaker will be presenting brand new work.

Prof. Saul Levmore, The University of Chicago Law School, will present theoretical work that challenges the legal prohibitions on involuntary retirement. This is one topic in his forthcoming book about aging, and how the law should handle preferences that change over time.

Jeffrey A. Fagan is the Isidor and Seville Sulzbacher Professor of Law, Columbia Law School; his data-driven criminology research provided the foundation for a federal court to conclude that the New York Police Department’s Stop & Frisk program was unconstitutional. Fagan will present brand new research on policing in both New York and in Ferguson, Missouri.

John J. Donohue III, C. Wendell and Edith M. Carlsmith Professor of Law, Stanford Law School, will discuss the promise and the problems with empirical investigations of law. He will use the history and consequences of the empirical debate about whether the death penalty reduces violent crime as a case study.

The presentation is free and open to the public.

Posted: 01/20/2015

Arizona Law Hosts International Ebola Response Panel Presentation

The International Ebola Response:  An Analysis of Law, Policy, and Medicine will be hosted by the Students of Arizona Health Law Organization (SAHLO) at the College of Law on Wednesday, February 4, 2015, Noon - 1:30 p.m., in Room 164. The program will be moderated by Dr. Richard Carmona, MD, MPH, FACS, Distinguished Professor, UA College of Public Health, 17th Surgeon General of the United States. It is open to the public.

Panelists include:

  • Leila Barraza, JD, MPH, Assistant Professor, UA College of Public Health;
  • Cyrus B. Martinez, JD, Associate General Counsel, Banner Health;
  • Dr. Sean Elliott, MD, Professor, UA College of Medicine; and,
  • Prof. Christopher Robertson, JD, Ph.D, MA, Associate Professor, UA College of Law.

The goal for the presentation is to provide information on the legality of the various state and local responses to Ebola infections; hospital responsibility for treatment of infected persons; and perspective on how young lawyers, public health students, and medical students can approach complicated medical-legal issues. Dr. Carmona will provide 5 - 10 minutes of introductory comments. Each panelist will have 5 - 10 minutes to present information followed by 20 - 30 minutes of Q&A discussion lead by Dr. Carmona.

For more information, please contact Tony Caldwell, tonycaldwell@email.arizona.edu.

Posted: 01/16/2015

Arizona Law mourns the passing of Jean Braucher, the Roger C. Henderson Professor of Law

Jean's insightful and cutting-edge scholarship earned the deep respect of colleagues around these halls, and across the country. Her knowledge and passion for teaching earned the esteem of the thousands of students whose lives she influenced.

The entire Arizona Law community feels her loss.

A National Leader and Scholar

In the days since Jean's passing, after a battle with cancer, tributes have poured in to the College and appeared online among the academic communities in her multiple fields of contracts, bankruptcy, and commercial law. One tribute among contracts professors described her as “a giant in our field.”

With Wisconsin Law Professors Stewart Macaulay, William C. Whitford, and John Kidwell, Jean co-authored Contracts: Law in Action, Vol I and Vol II. She wrote more than 50 law review articles and contributed chapters to the seminal books in her field.

The official record will show that Jean was a giant among bankruptcy and contracts scholars. Her work on local legal culture in bankruptcy courts is one of the standard references on the topic. As Dov Cohen and I were trying to understand the disparities we were seeing in our data among local bankruptcy courts, we turned to Jean. She joined our research team, and her understanding of the very fine detail of how the bankruptcy courts worked in action made the project's experimental materials a success. Jean was also was widely known for her work on contracts law, being one of the authors of the seminal Contracts: Law in Action textbook.

Robert Lawless
Associate Dean for Research and Max L. Rowe Professor of Law
University of Illinois College of Law

Her work reached the human dimensions of business transactions, contracts, and bankruptcy. As just one example, Jean's recent co-authored article, Race, Attorney Influence, and Bankruptcy Chapter Choice (9 J. of Empirical L. Stud. 393 (2012)), analyzed important new dimensions of race in the bankruptcy process.

Jean prepared one of the most concise examinations of Arizona contract law in her beautiful article, Cowboy Contracts: The Arizona Supreme Court's Grand Tradition of Transactional Fairness (50 Ariz. L. Rev. 191 (2008)). She believed in the power of information to advance academic debate, and that academic discourse could push the legal community forward. You can read this article and follow links to more of her scholarly work on her faculty profile page.

She was a leader in the academic community. In 2013 Jean was inducted as a fellow into the American College of Bankruptcy, and she was the 2013 recipient of the Distinguished Service Award from the National Association of Consumer Bankruptcy Attorneys, where she served on the board of directors.

Around the country, Jean's colleagues are remembering her in online tributes. The following are just a sampling from the memories shared on Credit Slips: A Discussion on Credit, Finance, and Bankruptcy.

I had great respect for Jean Braucher. She was strong, willing to take on hard conceptual problems that others had papered over and determined to counter conventional wisdom with carefully collected data. Jean fought hard for policies that would help people who were often overlooked in the legal system, and her voice will be sorely missed.

US Senator Elizabeth Warren

I had read her articles long before meeting her, and continued to look for her scholarly work during my career as a law professor, and later as a bankruptcy judge. Her scholarly work was extremely helpful in teaching and in practice. Her voice and perspective will be missed. I didn't know Jean well on a personal level, but she always greeted me so warmly, and I suspect that she was a wonderfully caring person.

Judge Paulette Del
US Bankruptcy Court
Western District of Tennessee

Jean was so patient with me when I barely understood bankruptcy issues, and she guided my reporting on some of the most important stories I've written here. This just breaks my heart. Reporters need people like her.

Katy Stech
Wall Street Journal

Long active in legal reform efforts, she was a Vice President and board member for the National Consumer Bankruptcy Rights Center. She was a member of, and advisor to, the American Law Institute, serving on committees, working groups, and as a delegate to the National Conference of Commissioners on Uniform State Laws. For more than five years she served on the American Bar Association Committee on the Law of Cyberspace, and co-chaired a subgroup charged with developing sound strategies for electronic consumer protection disclosures.

An Admired and Gifted Teacher

My relationship with Professor Braucher began with terror on the first day of law school when I walked into her Contracts class two minutes late. Soon after -- when I was buried under reading assignments I could barely understand but she always clearly explained -- I progressed from terror to begrudging respect. But by my third year, I voluntarily signed up for her flagship Mortgage Class and Clinic. By my graduation, we were colleagues and friends. Jean Braucher was a caring and attentive teacher, a renowned scholar, and a wonderful human. She will be terribly missed.

Raina Wagner ('12)
Associate, K&L Gates, Seattle

Jean joined the college in 1998 as the Roger C. Henderson Professor of Law. She established herself as an academic professional committed to the success of her students in first-year contracts, bankruptcy, and the Mortgage Clinic.

Students often remark that her style of teaching contract remedies before teaching formation seemed a little out of place at first, but that in the end it worked in the most brilliant way.

Jean Braucher was a truly unique and remarkable woman in so many ways. One of those ways was her inspiring dedication to her students' success. I was fortunate to have been able to benefit from her wisdom and guidance during my time at Arizona Law. She went above and beyond the call of duty in helping me secure a clerkship after graduation -- meeting with me over drinks to discuss interviewing techniques, my future career plans and how best to achieve them, and even went so far as to research my interviewing judge's cases to glean whatever bits of information she could that might give me an edge. I feel blessed to have known her for even so brief a time; she was an extraordinarily kind, funny, and supportive professor, mentor, and friend and I, for one, will miss her dearly.

Kaitlin Shaw ('13)
Law Clerk, Hon. Judge Joseph Howard
Arizona Court of Appeals

Jean was the founding director of the Mortgage Clinic at Arizona Law. After the College of Law received a grant from the Arizona Attorney General's Office -- which came from a settlement by loan providers -- she partnered with Southern Arizona Legal Aid (SALA) to offer the resources of law students in mortgage restructuring and, if needed, in bankruptcy. This clinic offered students a direct application of bankruptcy and loan modification principles.

Jean's passionate commitment to her students rang out this fall when she taught her final class in contracts.

It only took having Jean Braucher for Contracts as a first-year law student to realize she had an outstanding legal mind and was acutely aware of the real-world implications of the law. That realization was then reinforced while taking Bankruptcy from her and participating in the Mortgage Clinic for which she was an advisor. She was genuinely concerned about her students and actively involved in our educational experience. I will always be impressed by her appreciation of the practical effect of bankruptcy and contract law on the lives of the underprivileged/uneducated. She took every opportunity to lead us in discussing how greater protections and access to justice can be made available to all. She will be missed by everyone who had the privilege of calling her Professor Braucher.

Brad Terry ('13)
Law Clerk, Hon. Brenda Moody Whinery ('85)
US Bankruptcy Court

Before coming to Arizona, Jean served a professor at the University of Cincinnati College of Law (1987-1998) and the University of Puget Sound (now Seattle University School of Law) (1982-1987) and had been a visiting faculty member at Cornell University Law School, the University of Texas School of Law, Boston College Law School, and the Benjamin N. Cardozo School of Law. She taught internationally in summer law programs in Portugal and Greece.

A Lifetime of Service to Community and Colleagues

At Arizona Law, Jean was a leader. Over the years, she chaired the college's Executive, Faculty Development, Appointments, and Admissions Committees.

I served on two faculties with Jean, and found her to be a wonderful colleague: supportive, generous with her time, and hardworking. She had an unfailingly wry sense of humor and was almost always the smartest person in the room. I miss her already.

Gabriel "Jack" Chin
Professor of Law, UC Davis

She chaired the University Committee on Academic Freedom and Tenure in 2005, having served on that committee since 2003. In 2008, she received the Bell Award for Faculty Service, recognizing these and many other efforts.

Jean was also active in the legal and local community. She was the President of ACLU-Arizona during the early 2000s and advised the ACLU student organization at Arizona Law, as well as the Arizona Law Review.

Celebrating Jean's Life

These few paragraphs cannot capture either Jean's accomplishments or the spirit with which she undertook them.

We are currently talking with Jean's family and national colleagues about a time to honor her life's work.

In the meantime, you may send notes of condolence to Jean's family via:

The Family of Jean Braucher
c/o Arizona Law
PO Box 210176
Tucson, AZ 85721

We will forward notes to her husband, David Wohl, and their two grown children.

As we reflect on a profound loss to our extended community, the academy, and the profession, we also celebrate Jean's intellect, commitment, and courage.

She will be missed. 

Posted: 12/04/2014

Prof. Glennon Shapes Western Water Policy

Prof. Glennon’s work on water policy has recently received major media attention:

  • He was featured in an October 13, 2014, piece on NPR’s Marketplace
  • He was quoted and helped background a New York Times story on water pricing on October 14;
  • The Washington Post reported a story about his work on October 15;
  • Business Week had a story – the same day – with Prof. Glennon’s work at the center;
  • The Financial Times interviewed him on the topic of water policy in California for an October 21 article called Water:  Thirst for Life;
  • On October 24 the Wall Street Journal published an op-ed that he authored with Gary Libecap, The West Needs a Water Market to Fight Drought.

Finally, Prof. Glennon was active in launching the prestigious Hamilton Project/Stanford Woods Institute for the Environment forum on New Directions for U.S. Water Policy, attended by high level policymakers including speaker Gov. Jerry Brown. His report, Shopping for Water:  How the Market Can Mitigate Water Shortages in the American West, co-authored with Gary Libecap & Peter Culp, is available on the Hamilton Project at the Brookings Institution website here. Island Press has released it as an ebook, available right now as a free download on Amazon.com here.

Posted: 10/29/2014

Environmental Breakfast Club 2014 - 2015 Schedule

The Environmental Breakfast Club, a diverse group of faculty from various departments, programs and colleges on the campus who meet monthly at Arizona Law to discuss works in progress on the environment and natural resources, has released their schedule for the coming year. All presentations will be on the first Friday of each month (except January), from 8:30 - 9:45 a.m., in the Law College Faculty Lounge (Room 237).

  • September 5, 2014 - Karl Flessa, Professor of Geosciences
    Topic:  Science and Policy of the 2014 Pulse Flow to the Colorado River Delta.
  • October 3, 2014 - Gautam Gowrisankaran, Professor of Economics
    Topic:  Information Feedback and Long-Term Electricity Conservation:  Evidence from the Tapestry Building, with Shahzeen Attari, Troy Simpson and Sabine Marx
  • November 7, 2014 - Vic Baker, Regents’ Professor of Hydrology & Water Resources
    Topic:  The 2011 Tohoku Tsunami and the Fukushima Nuclear Plant Disaster
  • December 5, 2014 - Eric Lutz, Assistant Professor, Community, Environment & Policy Division, College of Public Health
    Topic:  Comparison of Diesel and Alternative Fuel Emission Exposures in Underground Mining
  • February 6, 2015 - George Frisvold, Professor and Extension Specialist, Agricultural-Resource Economics
    Topic:  Climate Policy as Water Policy:  Co-Benefits for Water Conservation and Quality
  • March 6, 2015 - Eve Edelstein, Associate Professor, College of Architecture
    Topic:  T.B.D.
  • April 3, 2015 - Mona Hymel, Arthur W. Andrews Professor of Law
    Topic:  Using U.S. Tax Policy to Address Climate Adaptation Problems

Posted: 08/13/2014

Arizona Now Campaign Aims to Raise $1.5 Billion

The University of Arizona's largest fundraising campaign in history, Arizona Now, officially launched in April. Arizona Now aims to raise $1.5 Billion over the next several years for the UA. Arizona Law's fundraising effort is $18 million. More information about Arizona Now is available at UA News

Posted: 05/30/2014