Faculty News

February 2019

Carol Goforth

Professor Goforth will publish “How Blockchain Could Increase the Need for and Availability of Contractual Ordering for Companies and Their Investors” in a forthcoming issue of the North Dakota Law Review. The lead article examines how cryptoassets, such as equity tokens, might change the ways companies and investors structure their relationships. With tokenized interests, not only is private ordering available to an extent never before seen in modern America, but also it is now required because of the absence of default rules governing the relationships between company and investor. The article explores the risks and potential benefits of this new frontier (commercial environment, marketplace, technology?) and includes an overview of the wide range of topics that a private ordering entity will need to consider.

On Feb. 20, Goforth helped lead the inaugural Speed Consulting workshop that is jointly sponsored by the McMillon Innovation Studio at the Sam M. Walton College of Business and the Office of Entrepreneurship and Innovation. The event is designed to allow student innovators, both undergraduate and graduate, to consult with experts on a variety of issues in a condensed period of time. Goforth offered students basic advice on choice of entity, organizational options, documentation and contracts. The workshop will be offered again on April 19.

Sara Gosman

Professor Gosman was a participant in a panel discussion of energy resilience held Jan. 23 at Florida State University College of Law. She discussed pipeline safety and resiliency and was one of four experts from law schools around the country. An article on the topic of energy resilience will be published in the Journal of Land Use and Environmental Law, a publication of the Florida State University College of Law, later this year.

Christopher Kelley

Professor Kelley participated in a lecture series on legal writing in English for Ukrainian law students on Feb. 11. The lecture series was co-sponsored by the Ukrainian Bar Association and the Nobles law firm in Kyiv.

The Board of Directors of the U.S. Russia Foundation for Economic Advancement and the Rule of Law has approved funding for a project titled "Negotiation and Legal Writing in English Course Development and Teacher Training," which will take place at Russia’s Kursk State University during the 2019-20 academic year. Kelley submitted the project proposal on behalf of the University of Arkansas School of Law.

Mark Killenbeck

Professor Killenbeck will become a life member of the American Law Institute at its Annual Meeting to be held in Washington, D.C., in May. The designation marks 25 years of membership in, and service to, the organization. As part of the planning for the anniversary, Killenbeck has been asked to serve as the academic representative on the committee overseeing the development of the 1994 Class Gift. Now in its eighth year, the Class Gift Program has raised more than $1 million to support key aspects of the institute’s mission. Killenbeck is the first member of the University of Arkansas School of Law faculty to be elected the institute.

Cynthia Nance

Dean Emeritus and Professor Nance was the keynote speaker at the Martin Luther King Jr. Celebration at the University of Evansville in Evansville, Indiana, on Jan. 21. The theme of the 2019 celebration was “A Labor of Love.” Her lecture was the capstone to a full day of activities and was the annual lecture of the William G. and Rose M. Mays Martin Luther King Jr. Lectureship.

Nance attended the American Bar Association Midyear Meeting of the House of Delegates held Jan. 28 in Las Vegas. Delegates considered the revised standard on bar passage. She also attended the College of Labor and Employment Lawyers Board of Governors meeting held in Charleston, South Carolina, on Feb. 2. Nance is one of 16 fellows who serve on the board and oversee the organization.

Susan Schneider

Professor Schneider was interviewed for the series On Life and Land, a podcast produced by John Deere as part of the company’s outreach to agricultural and rural communities. The podcast explores agricultural law as a separate legal discipline and discusses the special legal challenges faced by those involved in farming. Their discussion on the episode “A Look at Ag Law” included hunting leases, undivided interests and choosing an attorney.

Jordan Blair Woods

Professor Woods presented his article “Policing, Officer Danger, and Emerging Vehicle Technologies” at Brooklyn Law School on Jan. 24.

Woods was recently elected treasurer of the Association of American Law Schools Section of Children and the Law. He will hold the office during the 2019 calendar year.

January 2019

Howard W. Brill

West Publishing has released the 2018 supplement to the Arkansas Law of Damages. The book, now in its sixth edition, is intended serve as an introduction for students and a reference for practicing attorneys and members of the bench. In addition to coverage of new case law and statutory changes, the supplement includes a rewritten section on arbitration clauses in contracts and an expanded section on the 2018 case law on sovereign immunity. The sixth edition and subsequent supplements are co-authored with Christian H. Brill.

Sara Gosman

Professor Gosman was interviewed for “Delays Persist in Federal Natural Gas Safety Regulations,” a story on federal pipeline safety regulation produced by Craig LeMoult of WGBH 89.7, Boston’s NPR affiliate. The story aired on Jan. 10 and was produced in response to the Sept. 13, 2018, explosions and fires in Lawrence, Andover and North Andover, Massachusetts, that killed one and injured dozens. The disaster is blamed on excessive pressure in gas lines. As part of the story, she discussed the history of the National Gas Pipeline Safety Act and the ways in which congress and the industry have limited the Pipeline and Hazardous Materials Safety Administration’s ability to regulate risk. Gosman’s comments are based on her article “Justifying Safety: The Paradox of Rationality,” which appeared in Vol. 90 (2018) of the Temple Law Review.

Dominick Grillo

Dominick Grillo, electronic services librarian for the Robert A. and Vivian Young Law Library, is working with the staffs of the Arkansas Law Review and the Journal of Food Law and Policy to place issues of the journals in the University of Arkansas ScholarWorks@UARK repository. The institutional repository contains research, scholarship and creative work produced by faculty, staff and students for university academic departments, research centers. Much of the content is open access, meaning that it is offered to users worldwide for the purpose of furthering research.

Since July of 2018 the Arkansas Law Review added two issues of Vol. 71, containing 13 articles, which have been downloaded more than 2,000 times. The Journal of Food Law and Policy submitted their most recent issue, Vol 14, No. 1, containing 14 articles and has had more than 1,500 downloads. The majority of downloads came from the United States, but both journals had readers from all continents with the exception of Antarctica.

Mark Killenbeck

Professor Killenbeck recently published “Teaching the Fourteenth Amendment: Constitutional Heresy?” an invited article in Vol. 62 of the Saint Louis University Law Journal, a symposium issue.

His article “All Banks in Like Manner Taxed? Maryland and the Second Bank of the United States” will appear in the Journal of Supreme History (forthcoming July 2019).

Killenbeck presented “M’Culloch in Context” at the University of Wisconsin Law School on Nov. 17, 2018, at M’Culloch v. Maryland at 200: The Past and Future of American Constitutional Law, an event co-sponsored by the Wisconsin Law Review. Portions of the article were presented at the annual meeting of the American Society for Legal History held Nov. 8-11 in Houston, and the Arkansas Law Review will publish the article in a forthcoming issue.

He has completed three other pieces that will be circulated this spring: “Pandora’s Cake,” which examines the potential repercussions of the Supreme Court’s recent decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018); “Korematsu Is Dead?? Long Live Korematsu!!!,” which argues that the consignment of that case to the dustbins of history is inappropriate and premature; and “The Confirmation Mess? Two Myths, Two Realties,” which explores, and disputes, the theories that Untied States Supreme Court nomination battles have only recently become political and the myth of the Stealth Nominee.

Christopher Kelley

Professor Kelley taught negotiation and legal writing in English at Kursk State University in Kursk, Russia, Dec. 3-5. More than 70 students participated in the classes. The Kursk oblast (province) is located in southern Russia, abutting the Sumy oblast in Ukraine. The largest tank battle in history was fought near Kursk during World War II.

Kelley’s article “An Essay on Legal Writing in Plain English” was published in the Kyiv-Mohyla Law and Politics Journal. He has copyedited articles for the journal (a peer-reviewed publication of the National University of Kyiv-Mohyla Academy Law Faculty in Kyiv, Ukraine) since it commenced publication in 2014.

Rob Leflar

Professor Leflar gave two presentations in Australia in 2018: “Japan and Patient Safety in an International Context: Reforms Attempted and Undermined” at Melbourne University School of Law on Dec. 3, and “The Failings of Japanese Patient Safety Reforms in an International Context” at the Asian Law and Society Association annual conference in Gold Coast , Queensland, on Nov. 30.

As chair of the East Asian Law and Society Section of the Association of American Law Schools, Leflar led a discussion of the four scholarly papers recognized as the best of 2018, and he presented awards to the authors at the association’s annual conference held Jan. 2-6 in New Orleans.

Jill Lens

Professor Lens appeared on the Ipse Dixit podcast with Brian Frye (University Kentucky), released on Jan. 10. They discussed her article, “Tort Law's Devaluation of Stillbirth,” which is forthcoming in the Nevada Law Journal.

Annie Smith

Professor Smith is collaborating with the Consul General of the Marshall Islands to offer members of the Marshallese community a series of trainings on workplace rights. On Nov. 27, 2018, Smith led the first presentation and taught attendees about their right to be paid. The next training will be held in February.

Jordan Blair Woods

Professor Woods was interviewed for an article in the January, 2019, issue of the ABA Journal. Lorelei Laird cited a report Woods co-authored in 2016 in her article “More Lawmakers are Considering Banning Gay and Trans ‘Panic Defenses.’”

On Jan 4, Woods presented research on LGBTQ homeless and foster youth as part of “Sexual Orientation and Gender Identity Issues, Co-Sponsored by Poverty Law,” a panel on LGBT rights, poverty and public policy at the Association of American Law Schools Annual Meeting in New Orleans.