Professor Lisa Avalos’s article “Helping Rapists Win: the Politics of Charging Rape Complainants with False Reporting,” was accepted for publication in the forthcoming March 2018 issue of the Brooklyn Law Review. The article uses critical legal theory to argue false reporting prosecutions of disbelieved rape complainants are the result of an overlooked, but deeply embedded, gender bias among those tasked with investigating and prosecuting rape in Britain and the United States. It offers recommendations for reform.
Avalos’ article “Policing Rape Complainants: When Reporting Rape Becomes a Crime,” was published in the 20th symposium edition of the Iowa Journal of Gender, Race and Justice. The article examines several British and American cases where actual, or likely, rape victims were prosecuted for falsely reporting rape. It argues that most, or all, of these cases were wrongful prosecutions that occurred when police or prosecutors failed to follow appropriate rape investigation policies. It also uses international rape investigation best practice guidelines to demonstrate how the investigations failed. The article offers proposals for change, including changes to federal law.
Finally, professor Avalos and Tom Paradise, of the King Fahd Center for Middle East Studies, co-organized Violence in the Name of Honor Symposium: Confronting and Responding to Honor Killings and Forced Marriage in the West last spring. The conference took place April 13-14 at the School of Law and featured activists Diana Nammi of the Iranian and Kurdish Women’s Rights Organization. Other conference highlights included panel discussions and presentations. A panel discussion, “In the Trenches: Policing Honor Killing in the West,” featured lawyer and honor-based violence survivor Rashid Begum, Chris Boughey, a detective from the Peoria, AZ Police Department, Shahin Mehdizadeh, Chief Superintendent, Royal Canadian Mounted Police, and Nammi. Avalos moderated the panel. She also delivered “Killing a Daughter in the Name of Honor: the Problem of Honor Killings in North America and Europe” as part of the symposium program.
Associate Dean Will Foster presented his working paper, “The Gift of Information” at the 3rd Annual Conference of the Association of Mid-Career Tax Professors. The University of Arkansas School of Law hosted the conference, held May 22-23, that included nineteen top tax scholars from fifteen law schools from across the country.
Professor Carol Goforth’s article titled “Diversity in Law School Faculty Hiring: Why it is a Mistake to Make it all about Race” will appear in volume 56 of the University of Louisville Law Review. The article emerged from her presentation as part of the President’s Panel on Diversity at the 2017 AALS annual meeting held January 3-7 in San Francisco. As the thesis of the paper, Goforth argues that the most under-represented voices on law faculties are not those of members of racial minorities, but the voices of conservatives, and that if law schools truly value "diversity," hiring initiatives should be refocused to recognize this lack of representation.
Professor Sara Gosman’s article, “Justifying Safety: The Paradox of Rationality,” will be published in volume 90 of the Temple Law Review. The article examines the tension between rationality and democracy in the administrative state through the lens of a regulatory program, the federal program governing energy pipeline risk, that has largely operated out of sight. The article contends that twenty years after the Gingrich Congress remade the pipeline safety program in the rationalist image, the program has failed to deliver the benefits promised by proponents of a cost-benefit state.
Professor Gosman has presented “Justifying Safety: The Paradox of Rationality” at Vanderbilt Law School, the University of Kansas School of Law, and the Colloquium on Environmental Scholarship at Vermont Law School.
Visiting assistant professor Amanda Hurst is quoted in The All-Inclusive Guide to Judicial Clerking, by Abigail L. Perdue. The volume, published by West Academic Publishing in April, is a comprehensive resource for law clerks and judicial externs as well as law professors who teach judicial drafting courses.
Professor Christopher Kelley was thanked by Dr. Ivan S. Hrytsenko, Dean of the Shevchenko National University of Kyiv (Tsnuk) Law Faculty, for his course development and teaching at the Faculty of Law in his speech to the 2017 graduating class on July 13. Additionally, Shevchenko's Academic Council of the Faculty of Law and the university's rector have approved Kelley as the scientific advisor for a Shevchenko Ph.D. in law candidate, Maria Petrovska. Professor Kelley is a nonresident professor at the Kyiv Taras Shevchenko National University Law Faculty, which is widely considered the best law school in Ukraine.
Kelley taught in Russia, Belarus, and Ukraine this summer and participated in the ABA Section of International Law Europe Forum in Barcelona and the World Justice Forum V in The Hague.
Professor Rob Leflar presented a paper titled “Patient Safety and Medical Injury Compensation in Japan, the U.S., and Taiwan” at the annual meeting of the Law and Society Association in Mexico City, on June 23. He also served as the discussant on two panels at which papers were presented by scholars from South Korea, Macau, Japan, Israel, Wales, and the U.S.
On July 20 he presented “The Saga of U.S. Health Care Reform (Part VIII): The Assault on Obamacare and the Battle for America’s Soul” to the Medicine and Law Research Association. Later that month, on July 31, he gave a lecture to students from Ohio, Pennsylvania, Arkansas and California at Temple University of Japan in Tokyo over Medical Injury and Politics in Japan and America.
Uché Ewelukwa Ofodile
Professor Uché Ewelukwa Ofodile spent part of her summer teaching at Columbia University. She taught International Human Rights Law and focused to some extent on the legal aspects of corporate social responsibility and the intersection of business and human rights. Ewelukwa Ofodile has a well-established relationship with Columbia University. From 2012 to 2013, she was a fellow of the Columbia Center on Sustainable International Investment, which is a joint center of Columbia Law School and the Earth Institute at Columbia University.
Ewelukwa Ofodile presented a paper titled “Corporate Social Responsibility, Trade and Investment Agreements and Global Governance” at the 2017 annual meeting of the Law and Society Association in Mexico City, Mexico. The paper considers a growing attempt to embed corporate social responsibility in trade and investment agreements and the implications of this effort for global governance. In July, she was appointed senior adviser and vice-chair to the International Human Rights Committee of the ABA Section of International Law.
Professor Ewelukwa Ofodile also published “The Frank Broyles Right of Publicity Statute: Potential Minefields,” in the spring issue of The Arkansas Lawyer. The article introduces The Frank Broyles Publicity Rights Protection Act of 2016, "The Frank Broyles Act,” which was passed to protect the names, voices, signatures, photographs, and likenesses of Arkansas citzens from exploitation and unauthorized commercial use without the consent. The article highlights thorny provisions of the statute and discusses decisions of courts in other jurisdictions that may provide guidance for attorneys and courts in Arkansas.
Professor Jordan Woods' article "LGBT Identity and Crime" was published in volume 105 of the California Law Review. The article provides an intellectual history of LGBT identity and crime, which illustrates the narrow ways in which LGBT identity has been conceived of in the criminal justice domain. A review of the article was published on JOTWELL, Oct. 11, 2016.
June was a busy month for Woods. On June 6, he presented a paper on adolescent youth in the child welfare system at the Family Law Scholars and Teachers Conference in New York City. He presented a paper based on his research on routine traffic stops and violence against law enforcement officers at the AALS Midyear Meeting June 11-12 in Washington, D.C. He presented an ethics CLE entitled “Legal Ethics and the Family Law Justice Gap” and served as a presenter on a CLE panel entitled “Legal Issues Confronting Transgender Individuals” at the 2017 Arkansas Bar Association annual meeting June 14-15 in Hot Springs.
Finally, in July, Woods presented "Routine Traffic Stops and Violence Against the Police" at the Junior Scholars Criminal Justice Roundtable at St. John’s University’s Manhattan Campus. The roundtable, co-sponsored by St. John’s School of Law and Brooklyn Law School’s Center for Criminal Justice, took place July 10-11.
Professor Circo gave a faculty colloquium presentation at University of Nebraska College of Law on April 14. The presentation, “Contract Law and the Construction Industry,” was based on the working draft of Circo’s forthcoming book on the subject.
The Transportation Safety Board of the National Academy of Sciences has appointed Professor Gosman to a committee formed to study the safety of propane pipeline facilities. Over the next year, the committee will examine regulatory requirements applicable to the pipeline facilities; best practices relating to safe design, installation, operation and maintenance; and the costs and benefits, including safety benefits, associated with the regulatory requirements and best practices. The committee will then prepare a report with recommendations for improving the safety of pipeline operations.
Gosman was invited to participate in a panel discussion on safe drinking water infrastructure, environmental justice and the Flint crisis at the Annual Environmental Law Conference of the Environmental Law Section of the Arkansas Bar Association. The conference convened May 3-11 in Eureka Springs.
Professor Kelley has been reappointed to serve a one-year term (2017-18) as a vice chair of the American Bar Association’s Section of International Law's International Legal Education and Specialist Certification Committee. The committee seeks to provide useful information, services and opportunities for involvement to legal educators, administrators and students who are interested in international legal education.
On May 2, Kelley joined the Arkansas World Trade Center in welcoming a Belarusian trade delegation to Northwest Arkansas. In June, he will be meeting with law professors at the Belarusian State University Law Faculty in Minsk to discuss teaching negotiation, distance learning and other aspects of legal education.
Dean Leeds delivered the keynote address at the 3rd Annual University of Tennessee Campus Diversity Summit held March 24 in Knoxville. The address, titled “The Flagship, the Land Grant and the Responsibility to be Better,” was part of a summit designed to present best practices in diversity and inclusion to members of the campus’ diversity councils and commissions.
In May, Leeds was appointed to a two-year term on the Law School Admissions Council (LSAC) board of trustees. The council is a nonprofit corporation that provides products and services to aid the admission process for law schools worldwide. The council is primarily known for administering the Law School Application Test (LSAT), but also provides services such as funding diversity programs, publishing research and conducting educational conferences for law school professionals and products such as software and information to admissions offices.
Professor Murphy’s article “Federal Habeas Corpus and Systemic Official Misconduct: Why Form Trumps Constitutional Rights” was accepted for publication in the Fall 2017 edition of the University of Kansas Law Review. The article addresses the practical dilemma faced by inmates who raise constitutional claims of police or prosecutorial misconduct but are unable to obtain review under the stringent federal habeas corpus review standards.
Uché Ewelukwa Ofodile
Professor Ewelukwa Ofodile has written an article, “The Frank Broyles Right of Publicity Statute: Potential Minefields,” which will appear in the spring issue of The Arkansas Lawyer. The article introduces “The Frank Broyles Act,” highlighting thorny provisions of the statute, and discusses court decisions in other jurisdictions that may provide guidance for attorneys and courts in Arkansas. The Frank Broyles Publicity Rights Protection Act of 2016 was passed to protect the names, voices, signatures, photographs and likenesses of the citizens of this state from exploitation and unauthorized commercial use without the consent of the citizen. The Act is significant because the right of publicity in the United States is essentially a state-based right, and there is no federal right of publicity statute.
Professor Tarvin has written “Combating Professional Error in Bankruptcy Analysis Through the Design and Use of Decision Trees in Clinical Pedagogy” for the forthcoming edition of St. John’s Law Review. In the article, he proposes that the use of decision trees enhances the teaching of analytical skills in bankruptcy cases in the clinical setting through a hands-on approach that allows users to visualize the questions, potential responses and citations of legal authority in a logical sequence. He argues that as legal education embraces new technologies, decision trees will help clinical students test their analytical skills with reduced risk to their clients. Decision trees also familiarize students with the benefits and risks associated with relevant technology that can improve their knowledge and skill.
On May 9, Tarvin spoke at the 40th Annual Association of American Law Schools Conference on Clinical Legal Education in Denver. He participated in the Clinic Transactional Section on Teaching Methods. On June 16 Tarvin, along with Sharon Bradley of the University of Georgia School of Law, will present “Decision Making Models in 2/2 Time – Two Speakers, Two Models (Maybe)” at the 2017 Annual Computer-Assisted Legal Instruction (CALI) Conference at Arizona State University. Tarvin will discuss the use of decision trees in clinical teaching settings.
Tarvin served as a faculty expert for stories appearing in the Arkansas Democrat-Gazette and Arkansas Business. In “Furniture firm asks to hold a final sale,” which appeared in the the April 27 issue, Tarvin provided ADG reporter John Magsam with background information on bankruptcy law as it relates to Bentonville-founded I.O. Metro’s filing for bankruptcy protection. Tarvin also provided legal expertise for “Even in Bankruptcy, College Debt Stands” for Mark Friedman’s article appearing in the April 24 edition of Arkansas Business.
Dominick Grillo joined the Robert A. and Vivian Young Law Library as electronic services librarian in March. Grillo has extensive experience managing electronic library services, having held similar positions at the Chicago-Kent College of Law Library of the Illinois Institute of Technology, Hofstra Law Library at the Maurice Deane School of Law and Moakley Law Library at the Suffolk University Law School. Grillo holds a Bachelor of Arts from Williams College, a Master of Science from Columbia University and a Juris Doctor from Chicago-Kent College of Law.
He is responsible for handling all aspects of access to the law library’s research databases and is liaison to Westlaw, Lexis and Bloomberg. Grillo is a member of the Center for Computer-Assisted Legal Instruction (CALI) editorial board and has filled a variety of positions in the Computing Services section of the American Association of Law Libraries.
He a New York City native who loves baseball and has attended games in more than 100 parks,. He recently added Baum Stadium at George Cole Field and Arvest Ballpark to his list.
Mary Beth Matthews
Professor Matthews presented a guest lecture to professor John Norwood’s Honors Law class in the Sam M. Walton College of Business on April 5. Matthews’ lecture on payment system devices focused on risks of destruction and theft.
Professor Sacharoff and co-author, Sarah Lustbader, have accepted an offer from Washington University Law Review to publish their article “Who Should Own Police Body Camera Videos?” The article documents the evolution of body cameras from a program created to maintain police accountability to a tool police use in ordinary law enforcement. The authors propose that control of police camera videos be moved from police departments to third party, neutral agencies. Sacharoff and Lustbader argue a neutral repository will restore body camera programs to their original purpose: police accountability.
Professor Trammell’s article “The Day-in-Court-Paradox” has been accepted for publication in vol. 93 of the Notre Dame Law Review. In the forthcoming article, Trammell argues that two coherent, but distinct, visions of due process underpin the doctrines of preclusion and precedent. The doctrines once operated in distinct spheres, but today they often govern the same questions and apply to the same circumstances, yet achieve opposite ends. Preclusion is rooted in a participation-oriented theory that values involvement as an inherent good. Precedent reflects an outcome-oriented theory that emphasizes accuracy and reliance interests. Trammell argues the outcome-oriented theory is already the dominant approach in most areas of civil procedure and outside of the litigation context. He also asserts that it is a superior approach that holds the potential to resolve enduring problems of serial litigation.
Jordan Blair Woods
Professor Woods' article "Unaccompanied Youth and Private-Public Order Failures" was accepted for publication in the Iowa Law Review. Drawing largely on the experiences of LGBTQ homeless and runaway youth, the author illustrates the ways in which family-based programs and interventions define the scope of government responses to adolescent youth in the child welfare system. In the article, Woods argues that many homeless and runaway youth are not served by those family-based approaches and are left vulnerable to entering a cycle of homelessness and involvement in the juvenile and criminal justice systems when those approaches fail. Woods presented the article on April 8 at the Critical Intersections of Crime and Social Justice Conference at Old Dominion University in Norfolk, Virginia.