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Professor Chin Joins College of Law

Professor Gabriel J. (Jack) Chin has joined the faculty of the University of Arizona James E. Rogers College of Law.

Professor Chin is nationally established in the areas of criminal law and criminal procedure, constitutional law, immigration law, and civil rights and racial equality issues.

He was most recently at the University of Cincinnati College of Law, where he engaged law students in hands-on activities such as persuading Ohio to ratify the Fourteenth Amendment, and other states to repeal Jim Crow laws still on the books. As a Special Prosecutor in Cincinnati, Professor Chin worked with law students to prosecute high profile murder cases on appeal, including racist serial killer Joseph Paul Franklin. He expects to establish similar learning opportunities for students here.

Recognized as an expert in civil rights history, Professor Chin has documented significant controversies in immigration and civil rights of Asian-Americans, such as internment camps and anti-miscegenation laws. He has authored many articles on other aspects of criminal, equal protection, and immigration law.

In January 2002, he was named one of “The 25 Most Notable Asians in America” by AMagazine: Inside Asian America.

Since 2001, he has served as a member of the Board of Governors for the Society of American Law Teachers, and a Reporter for the Task Force on Collateral Sanctions of the ABA (American Bar Association) Criminal Justice Section, Standards Committee. He is also a member of several AALS (American Association of Law Schools) committees.
Professor Chin received his Master of Laws from Yale Law School in 1995, where he was also editor of the Yale Law & Policy Review. He received his J.D. from Michigan Law School, where he graduated cum laude in May 1988. At Michigan, he was a S.K. Yee Merit Scholar, co-founded and was Vice-President of the Asian American Law Students’ Association and received American Jurisprudence Awards for Criminal Procedure and Legal Ethics. Chin earned his B.A. in History from Wesleyan University in 1985.
Professor Chin has practiced law with the Legal Aid Society of New York and at Skadden, Arps, Slate, Meagher and Flom, a major New York law firm.

Professor Glennon Receives Nsf Grant For Water Study  
The National Science Foundation has awarded $385,000 to Professor Robert J. Glennon and two UA colleagues to analyze water policy decisions made in the western states over the last 25 years.

Professor Glennon, the nationally-known author of “Water Follies,” is joined by Gary Libecap, Professor of Economics and Director of the Karl Eller Center in the Eller College of Business and Public Administration, and Alan Ker, Professor and Head of the Department of Agricultural and Resource Economics in the College of Agriculture and Life Sciences.

Under the two-year grant, the team will study how water transfers are made in 12 western states and how economic, legal, and political issues factor into those decisions.

Robert Glennon
Professor Glennon is the Morris K. Udall Professor of Law and Public Policy. He is widely regarded as one of the country’s preeminent experts on water law and is a frequent presenter and keynote speaker at national conferences on law and the environment. “Water Follies,” now in its third printing, is his second book. He teaches Constitutional Law, Water Law and an American Legal History class about the Colorado River.

NSF grantees are selected through a highly competitive process involving rigorous peer review. The study, “Transaction Costs and Institutional Change: An Analysis of Western Water Law Regarding Transfers from Agriculture to Urban and Environmental Uses,” is Professor Glennon’s second NSF grant award.

Faculty Scholarship and Accomplishments 2002-2003

Professor David Adelman recently published “Scientific Activism and Restraint in Environmental Law” in the Notre Dame Law Review (in press) and an article co-authored by John H. Barton, “Environmental Regulation for Agriculture: Towards A Framework to Promote Sustainable Intensive Agriculture,” 21 Stanford Environmental Law Journal 3 (2002). Professor Adelman also published Reforming United States Environmental Regulation of Agriculture: Impediments and Opportunities, in Agriculture and International Trade (Cardwell, Rodgers & Grossman, eds., in press). In May 2002 he made a presentation at the Environmental Conflict Resolution Conference, U.S. Institute for Environmental Conflict Resolution entitled “Public Information & Heightened Security: Impacts on Access to Environmental Information Controlled by the Federal Government.”

Professor S. James Anaya published an edited volume, International Law and Indigenous Peoples (Dartmouth/Ashgate Publishers, 2003) and completed a book chapter, “Los Derechos Humanos de los Pueblos Indígenas” for a book, Manual sobre Derechos Humanos, to be published by Deusto University Human Rights Institute (Bilbao, Spain). As the keynote speaker at a conference at Carlos III University Francisco de Vitoria Institute of International Law (Madrid) he presented a paper, “Pueblos Indígenas, Comunidad Internacional, y Derechos Humanos en la Era de la Globalización,” which will be published in a volume with other conference papers. In May Professor Anaya lectured in Chiang Mai, Thailand for a human rights training seminar sponsored by the United Nations Institute for Training and Research. As part of the Indigenous Peoples Law and Policy (IPLP) Program, Professor Anaya litigated to conclusion Dann v. United States before the Inter-American Commission on Human Rights, which resulted in a decision by the commission finding the United States in violation of international human rights law because of inadequacies in the U.S. law and policy regarding indigenous land rights. Also as part of the IPLP, he continued to work to secure implementation of the decision of the Inter-American Court of Human Rights in favor of indigenous lands and resources in Nicaragua.

Professor Art Andrews was honored with the 2002-2003 Leslie & Patricia Bell Faculty Service Award for his service to the College of Law.

Professor Art Andrews

Professor Barbara Atwood spoke in June at the mid-year AALS Civil Procedure meeting in New York City. Her topic was “Using Tribal Judgments in the Teaching of Preclusion.” Professor Atwood also spoke on “The Influence of Therapeutic Jurisprudence on American Family Law” at the North American Regional Conference of the International Society of Family Law in Eugene, Oregon in June. She will be publishing an article entitled “The Child’s Voice in Custody Litigation: An Empirical Study and Recommendations for Reform” in the upcoming Symposium Issue of the Arizona Law Review. Professor Atwood continues to serve as a member of the Arizona Supreme Court Disciplinary Commission.

Professor Graeme W. Austin was invited to present papers on his work in intellectual property law by the New York University Law School’s Engelberg Center on Innovation Law and Policy, the Intellectual Property Research Institute of Australia, the Ontario Center for Innovation Law and Policy, and the New Zealand Center for Public Law. His article “Does the Copyright Clause Mandate Isolationism?,” published in the Columbia Journal of Law and the Arts, was cited by the U.S. Supreme Court in its 2003 decision on copyright term extensions, Eldred v. Ashcroft 123 S.Ct. 769 (2003). Professor Austin also published “Copyright’s Modest Ontology” in the Canadian Journal of Law and Jurisprudence, and was appointed as an Advisor to the American Law Institute project on international enforcement of intellectual property rights.

Professor William Boyd was an examiner of a doctoral thesis, the subject of which was personal jurisdiction and the Internet, submitted to the University of Canberra Law Faculty/Graduate Studies Department, Canberra, Australia.

Professor Jean Braucher presented a paper on software licensing law at the University of Nevada-Las Vegas law school last February, and another paper, on electronic delivery of consumer protection disclosures, at the University of North Carolina banking law center last April. In October she will make a presentation on use of consumer protection law theories in bankruptcy at the National Conference of Bankruptcy Judges annual meeting in San Diego. Her chapter on debtor education in bankruptcy is being published late this year by Hart Publishing Co. of Oxford, England, in a book, Consumer Bankruptcy in a Global Perspective.

Professor Ellen Bublick has written an article entitled “Comparative Fault to the Limits,” which will be published by the Vanderbilt Law Review. She is working with Professor Dan Dobbs on a new casebook regarding economic torts that will be published by West in 2005. Professor Bublick has been invited to present some of her work on state consumer fraud acts to the DePaul Law School faculty workshop series this fall.

Professor David A. Gantz will be a visiting professor of law at George Washington University during the 2003-2004 academic year. In May, he published (with Raj Bhala) the “WTO Case Review 2002” in the Arizona Journal of International and Comparative Law, and completed a chapter entitled “Contrasting Key Investment Provisions of NAFTA and the U.S. – Chile FTA” for a book on investment disputes under NAFTA. He is director of a project for the National Law Center for Inter-American Free Trade analyzing customs law and administration in Central America, and is periodically advising the Ministry of Justice of Vietnam on trade law issues.

Professor Robert Glennon recently completed several articles, including “Bottling a Birthright?,” which will appear in Whose Water Is It?, edited by Douglas Jehl (forthcoming, National Geographic Society); “High and Dry in the West: The Failure to Integrate Management of Ground- and Surface-Water Resources,” 2 Southwest Hydrology 12 (2003); and “The Environmental Consequences of Ground Water Pumping,” 5 Water Resources Impact 13 (2003). Professor Glennon was the keynote speaker at a number of conferences in the past year, including “Local Water, Global Water: A Conference on Resources, Conservation and Advocacy” at Denison University in May; “Aquatic Resources in Arid Lands,” an international conference and workshop held at New Mexico State University in April; and the Wisconsin Stewardship Network at the University of Wisconsin at Stevens Point in February.

Professor Zelda Harris published “The Predicament of the Immigrant Victim/Defendant: VAWA Diversion and Other Considerations in Support of Battered Women,” 14 Hastings Women’s Law Journal 1 (2003). She is working on a video entitled “The Domestic Violence Video Project,” which is an educational documentary production addressing the experiences of victims of domestic violence involved in child custody disputes in Family Court. The interview subjects include survivors of domestic abuse, attorneys, judges, mental health experts and advocates. Professor Harris was named incoming Chair of the Commission on the Status of Women for The University of Arizona, and was appointed Associate Editor for the National Institute for Trial Advocacy.

Professor Kenney Hegland completed a major revision of his book Introduction to the Study and Practice of Law, now in its fourth edition, and published an essay “If Stephen King Can Discover Cujo, Can Judges Discover Law?” This past spring he launched new programs in which UA law students teach at Catalina Mountain School and the Juvenile Court Detention Center

Professor Mona Hymel published an article in the Arizona Law Review’s Fall/Winter 2002 Symposium Issue, entitled “Controlling Lawyer Behavior: The Sources and Uses of Protocols in Governing Law Practice.” She participated in a panel discussion on the Sarbane Oxley Act’s provisions affecting lawyers at the ABA Tax Section’s Mid-Year Meeting in San Antonio, Texas. She also organized, as part of her work on the University Millennium Report Oversight Committee, a two-day University-wide conference on subtle discrimination in the academy.
Mona Hymel
Professor Mona Hymel

Professor Jane Korn was one of two University of Arizona professors chosen for the University-wide Graduate College and Professional Education Teaching and Mentoring Award. She also won the John Strong Teaching Award at the College of Law. Professor Korn’s most recent article, “Crazy,” will be out shortly in University of Michigan Journal of Law Reform. This article addresses mental disability under the ADA. Professor Korn continues to work on two articles: “Paternalism, Pregnancy and Disability,” a comparison of the Supreme Court’s treatment of pregnancy with its treatment of disability, and “ Teaching Lawyers to Talk,” which describes her employment law seminar that focuses on oral, as opposed to written, communication skills.

Professor Boris Kozolchyk, Director of the National Law Center for Inter-American Free Trade (NLCIFT), co-authored an article published by the Uniform Law Review (and about to be reprinted in the USA by the UCC Law Journal and by the Costa Rican Supreme Court Review) on “The Organization of American States Model Law on Secured Transactions.” He also published an article on “The Letter of Indemnity in International Banking” for the International Chamber of Commerce Documentary Insight. Professor Kozolchyk represented the United States at a special session of the United Nations Commission on International Trade Law devoted to the guidelines of a future Model Law on Secured Transactions. He organized and co-hosted with the United States Under Secretary of Commerce a meeting on legal modernization and capital formation in Central America which involved key public and private sector participants in Central America’s Free Trade Area (CAFTA).

Professor Lynn Marcus prepared a manual for Arizona criminal defense lawyers on the immigration consequences of criminal convictions and conducted two seminars on the topic in May – one for the Pima County Public Defender’s Office and one cosponsored by the Criminal Justice Section of the Arizona State Bar and the Maricopa County Public Defender’s Office. Professor Marcus won first place in the song/poetry category in the Annual Clinical Legal Education Association’s creative writing contest. Her song, “Manny’s Suitcase,” is about a deportation.

Professor Ana Merico-Stephens was honored with the 2003 J.T. Canales Distinguished Alumni Award presented by the Latino Law Students at the University of Michigan. She published an essay, “Teaching Civil Procedure,” in the St. Louis University Law Review and a book review of Professor Kozolchyk’s American Law of Trade and Investment in the Arizona Journal of International and Comparative Law. Professor Stephens was a Symposium Contributor on Interdisciplinary Perspectives on Federalism for the Washington University Journal of Law and Policy and participated in a conference on Latin American Comparative Law at the Washington University College of Law’s Institute of Global Studies in February 2003, where she spoke on curricular and research issues in Latin America law. She was appointed Lawyer Representative for the Ninth Circuit Judicial Conference and was a presenter at the District of Arizona Federal District Court Conference, where she spoke on the Ninth Circuit/French case, Yahoo, and its international conflicts and jurisdiction implications.

Professor Ted Schneyer published both the Introduction and (with Geoffrey Hazard) an article entitled “Regulatory Controls on Large Law Firms” for the recent Arizona Law Review symposium issue on The Future Structure and Regulation of Law Practice. Professor Schneyer was recently reappointed as a member of the National Conference of Bar Examiners’ Drafting Committee for the Multistate Professional Responsibility Exam, and has served over the past year on the Arizona State Bar Task Force on Multijurisdictional Practice. He also spoke at a March 2003 meeting of the Association of Professional Responsibility Lawyers on the implications of the Sarbanes-Oxley Act for lawyers who represent corporations in securities matters.

Professor Andrew Silverman and Professor Kenney Hegland’s video, A Question of Rape, was a finalist in the Telly Awards. The video is designed to fight date rape on college campuses by encouraging students to consider long-term consequences and by engaging them in a serious dialogue on the issue of consent.
Professor Andy Silvernman

Professor Roy Spece
presented a paper on the rights of persons withdrawn from transplantation lists at the annual Health Law Teachers Conference in Delaware. The second edition of his casebook, Bioethics & Law: Cases, Materials And Problems (with Shapiro, Dresser, and Clayton) was published by Thompson/West. He also published two additional articles: “Conflicts Of Interest Affecting Those Who Participate In Staff Privileges Matters,” 15 Health Ethics Forum 187 (2003), and “What Should The Standard Of Proof Be In Scientific Misconduct Proceedings Relating To Public Health Service-Funded Research,” 49 Cellular and Molecular Biology 110 (2003).

Professor John Swain recently had two law review articles accepted for publication: “State Income Tax Jurisdiction: A Theoretical and Policy Perspective” was accepted by the William & Mary Law Review and “State Sales and Use Tax Nexus: An Economic Nexus Standard for the 21st Century” was accepted by the Georgia Law Review. He also presented a paper on the Streamlined Sales Tax Agreement before the Tax Council Policy Institute in Washington, D.C. in February 2003.

Professor Dalia Tsuk is completing her book, Encounters with Pluralism: The Life and Thought of Felix S. Cohen, which will be published by Cornell University Press. She is also working on a second book manuscript, titled Pluralist Images: Legal Visions for the Modern State. Professor Tsuk’s article, “Corporations without Labor: The Politics of Progressive Corporate Law,” was published this summer by the Pennsylvania Law Review.

Professor Elliott Weiss and his co-authors have revised their Corporations casebook, Corporations, Law and Policy: Materials and Problems. He has also written a paper, which will be published in the Duke Law Journal, suggesting some substantive revisions of auditing standards that should be considered by the recently created Public Company Accounting Oversight Board. Professor Weiss is also completing an empirical study of merger-related litigation in Delaware Chancery Court that he is conducting with Professor Lawrence White of the Stern School of Business at NYU. Their thesis is that Delaware law creates an environment in which plaintiffs’ attorneys find it economically attractive to initiate and litigate challenges to mergers that produce few meaningful benefits for shareholders but generate substantial attorney fees. Professor Weiss wrapped up five years of service as a public member of NASD-Regulation’s National Adjudicatory Council in December 2002. Immediately thereafter, he was elected to a three-year term as a public member of NASD-Regulation’s Market Regulation Committee.

Professor David Wexler completed a new book, Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts (Carolina Academic Press 2003, Durham, NC), edited by David B. Wexler and Bruce J. Winick. He spoke about the book at an international meeting in Edinburgh, Scotland, and in Spain at the University of Zaragosa Law Faculty and the University of La Mancha en Toledo, Department of Criminology.

Professor Winton Woods completed his term as Chair of the 1000-member Trial Practice Section of the Arizona State Bar Association, and was the first academic to hold that position. Professor Woods made presentations at the ASBA CLE by the Sea conference on Coronado Island and the ABA National Legal Malpractice Conference in La Jolla on “Managing Technology.”


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