Kansas Law Review
Kansas Law Review Symposium
2013 Kansas Law Review Symposium
Waters of the United States:
Adapting Law for Degradation and Drought
The symposium has reached capacity, and registration is now closed.
November 1, 2013
University of Kansas School of Law
Stinson Morrison Hecker LLP Lecture Hall
104 Green Hall, Lawrence, KS
4 hours CLE credit in Kansas and Missouri ($25)
Leading scholars and thinkers on water law and environmental law will address the critical issues facing water quantity and water quality today from a wide range of perspectives, including:
- conflicts between water and endangered species regulation;
- innovative proposals for decreasing agricultural water pollution;
- adaptive water law that considers both ecological and social conditions;
- water quality trading programs;
- ecosystem services markets providing financial incentives for environmental protection;
- legal responses to drought in Kansas;
- citizens’ initiatives; and
- results of a federal water project that studied how climate change, population growth, and economic growth will impact water uses and availability.
|8:00 – 8:30||REGISTRATION|
|8:30 – 8:35||WELCOME & INTRODUCTION
Dean Stephen Mazza, University of Kansas School of Law
|8:35 – 9:10||
PANEL 1: INTRODUCTION
Moderator: Chelsi Hayden, University of Kansas School of Law
|9:10 – 10:10||
PANEL 2: CONTEXTUAL EXAMPLES (1 Hour CLE)
Moderator: Chelsi Hayden, University of Kansas School of Law
|10:10 – 10:20||Break|
|10:20 – 12:00||
PANEL 3: ESA & WATER LAW (2 Hours CLE)
Moderator: John Head, University of Kansas School of Law
|12:00 – 1:00||Lunch Break|
|1:00 – 2:40||
PANEL 4: ADAPTIVE WATER LAW TOPICS
Moderator: Uma Outka, University of Kansas School of Law
|2:40 – 2:50||Break|
|2:50 – 3:50||
PANEL 5: CITIZENS INITIATIVES (1 Hour CLE)
Moderator: Lua Yuille, University of Kansas School of Law
- Mary Jane Angelo, Research Foundation Professor and Director, Environmental & Land Use Law Program, University of Florida Levin College of Law
- Adell Amos, Associate Dean for Academic Affairs, Associate Professor in the Environmental and Natural Resources Law Program, University of Oregon School of Law
- Tony Arnold, Associate Dean for Research & Faculty Development, Boehl Chair in Property & Land Use, Chair of the Center for Land Use & Environmental Responsibility, University of Louisville, Louis D. Brandeis School of Law
- Robin Craig, William H. Leary Professor of Law, University of Utah S. J. Quinney College of Law
- Robert Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University School of Law
- Burke Griggs, Adjunct Faculty, University of Kansas School of Law
- Amy Hardberger, Assistant Professor of Law, St. Mary's University
- Aliki Moncrief, Field Director, Florida's Water and Land Legacy
- John Peck, Connell Teaching Professor of Law, University of Kansas School of Law
- Melissa Scanlan, Associate Dean of the Environmental Law Program, Associate Professor of Law, Vermont Law School
- Sandi Zellmer, Robert B. Daugherty Professor of Law, University of Nebraska College of Law
- Rex Buchanan, Interim Director, Kansas Geological Survey
- David Brenn & Chris Wilson, Kansas Water Congress Representatives
The event is open to the public. Online registration is required.
Admission is free, except for those seeking CLE credit, which will be available for Kansas and Missouri for a $25 fee. CLE materials will be available electronically for review and printing. Materials will not be available the day of the program in a paper version. All materials must be accessed electronically. Scholarship associated with the symposium will be published in a spring 2014 issue of the Kansas Law Review.
For more information, contact Kate Marples, Symposium Editor, at firstname.lastname@example.org.
Thank you to our sponsors:
2012 Kansas Law Review Symposium
Advocacy Under the Federal Rules of Civil Procedure After 75 Years
November 9, 2012
Adams Alumni Center, University of Kansas
1266 Oread Avenue, Lawrence, Kansas 66045
Click on the linked names in the Event Agenda below to download CLE materials in PDF format for printing. Please note that printed materials will not be available the day of the symposium. You should print materials in advance and bring them with you, or access them on an electronic device during the symposium. Free guest Wi-Fi is available at the Alumni Center.
7:30 - 8:45 Registration & Continental Breakfast
10:15 - 10:30 Break
12:00 - 1:30 Lunch Break
4:00 - 6:00 Post-Conference Reception
- John Barkett, partner, Shook, Hardy & Bacon LLP (Miami office); ABA Section of Litigation’s liaison member to the Federal Civil Rules Advisory Committee
- Robert Burns, Professor of Law, Northwestern University School of Law; program director and section leader for the National Institute for Trial Advocacy
- Randy Diamond, legal research professor of law and director of library and technology resources, University of Missouri School of Law; president Mid-America Law Library Consortium
- Steven Gensler, professor and associate dean of research and scholarship, University of Oklahoma College of Law; member of the United States Judicial Conference Advisory Committee on Civil Rules; former Supreme Court Fellow at the Administrative Office of the U.S. Courts
- Rebecca Kourlis, founder and executive director of the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver; former justice of the Colorado Supreme Court
- Richard Marcus, Horace O. Coil Chair in Litigation, University of California Hastings College of the Law; associate reporter to the Advisory Committee on Civil Rules of the Judicial Conference of the United States
- John H. Martin, partner, Thompson & Knight LLP; fellow, American College of Trial Lawyers; fellow, International Academy of Trial Lawyers
- James Maxeiner, professor, University of Baltimore School of Law; associate director, Center of International and Comparative Law; member, American Law Institute
- Judge Lee H. Rosenthal, U.S. District Court for the Southern District of Texas, Houston Division; chair of the Judicial Conference Committee on the Rules of Practice and Procedure; former chair of the Judicial Conference Advisory Committee on Civil Rules
- Kelley Sears, senior vice president and deputy general counsel, Wal-Mart
- Judge David J. Waxse, magistrate judge for the United States District Court, District of Kansas; former chair of Kansas Commission on Judicial Qualifications; past president of the Kansas Bar Association
Attendance is free and 5 hours of CLE credit are available for Kansas and Missouri. CLE materials will be available electronically for review and printing. Materials will not be available the day of the program in a paper version. All materials must be accessed electronically. Papers presented at the symposium will be published in the Kansas Law Review.
2011 Kansas Law Review Symposium
Perspectives on the Current State of Arbitration Law
November 11, 2011
Green Hall, University of Kansas
1535 W. 15th Street, Lawrence, Kansas 66045
9:00 - 9:05 Introduction and Welcome
9:05 - 9:50 Professor Kristen Blankley - Taming the Wild West of Arbitration Ethics
An examination of the criminal law that reins in attorney behavior in the litigation forum, including laws criminalizing perjury and tampering with witnesses and documents, and the inconsistency with which these statutes apply to the arbitral forum and why the criminal law should be amended to apply equally to litigation and binding arbitration.
9:50 - 10:00 Break
10:00 - 10:45 Professor Maureen Weston - The Future (or Death) of Class Arbitration after Concepcion
A review of how the recent 5-4 Supreme Court decision AT&T Mobility v. Concepcion impacts class action arbitration, viability of state unconscionability law, and preemption of state public policies.
10:45 - 11:30 Professor David Horton - The Non-Arbitrability Doctrine and Inalienability
An analysis of the normative foundations of the non-arbitrability doctrine (which exempts claims from the scope of the Federal Arbitration Act if a plaintiff cannot vindicate her rights in arbitration), and an argument that the rule should apply with special force to certain statutes.
11:30 - 1:00 Lunch Break
1:00 - 1:45 Professor Richard Reuben - What If? FAA Jurisprudence Under a Truly Conservative Court
A look at the Supreme Court as an activist court in arbitration jurisprudence and a "redeciding" of several of those key cases according to true judicial conservatism.
1:45 - 2:30 Professor Jeffrey Stempel - Crazy, Stupid Love: Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence
An examination of the Supreme Court's modern construction of the Federal Arbitration Act as a matter of statutory interpretation jurisprudence and judicial role. The Court has largely failed to follow the Justices' own self-professed rules and beliefs regarding sound jurisprudence, expanded the scope of the FAA in ways inconsistent with the judicial role, and diminished respect for the court throughout wide segments of the legal profession and the public.
2:30 - 2:40 Break
2:40 - 3:30 Professor Thomas Stipanowich - Should We Incorporate Due Process Standards for Arbitration of Consumer and Employment Disputes in the FAA? Consideration of the prospective benefits, costs and limitations of legislated due process guidelines for arbitration in consumer and employment disputes in light of current proposals to outlaw predispute arbitration agreements in various settings or implement the use of regulated arbitration.
- Kristen Blankley, Assistant Professor of Law, University of Nebraska College of Law
- David Horton, Associate Professor of Law, Loyola Law School, Los Angeles
- Richard Reuben, James Lewis Parks Professor of Law, University of Missouri School of Law
- Jeffrey Stempel, Doris S. & Theodore B. Lee Professor of Law, University of Nevada Las Vegas William S. Boyd School of Law
- Thomas Stipanowich, Academic Director, Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law, Pepperdine University
- Maureen Weston, Associate Dean for Research and Professor of Law, Pepperdine University
Attendance is free and CLE Credit will be provided. Papers presented at the Symposium will be published in the Kansas Law Review, Vol. 60, Issue 4 (Spring 2012).
RSVP is not required, but it would be appreciated so that a sufficient number of materials may be provided. CLE materials are available for download from this website, but if you would prefer a paper copy, please note that in your RSVP email. To RSVP, or for more information, please contact Marty Rice, Symposium Editor, at KansasLawReview@gmail.com.
2010 Kansas Law Review Symposium
State Constitutional Law Steps Out of the Shadows
November 12, 2010
Green Hall, University of Kansas
1535 W. 15th Street, Lawrence, Kansas 66045
Agenda of Panel Discussions
9:00 - 10:30 a.m. School Finance and Education Rights
10:45 - 12:00 p.m. Same Sex Marriage and Privacy Rights
1:45 - 3:00 p.m. Criminal Procedure and Search & Seizure
3:15 - 4:30 p.m. Dual Sovereignty and State Constitutions
- Michael Berch, Alan A. Matheson Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
- The Hon. Rebecca White Berch, Chief Justice, Arizona Supreme Court
- The Hon. Allison Eid, Colorado Supreme Court
- The Hon. Randy J. Holland, Delaware Supreme Court
- Allen L. Lanstra, Senior Associate, Skadden, Arps, Slate, Meagher & Flom LLP
- Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas School of Law
- The Hon. Mark D. Martin, Senior Associate Justice, North Carolina Supreme Court
- Stephen R. McAllister, Professor of Law, University of Kansas School of Law
- Jeffrey M. Shaman, Vincent de Paul Professor of Law, DePaul University Law School
- The Hon. David R. Stras, Associate Justice, Minnesota Supreme Court
- The Hon. Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit
Attendance is free, and no reservations are required. CLE Credit will be provided pending approval. Papers presented at the Symposium will be published in the Kansas Law Review, Vol. 59, Issue 4 (Spring 2011).
2009 Kansas Law Review Symposium
Perspectives Ten Years After Amchem and Ortiz
Friday October 30, 2009
Green Hall, 1535 W. 15th Street, Lawrence, Kansas 66045
The 2009 Kansas Law Review Symposium is entitled "Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz." The Symposium will examine developments in aggregate litigation over the last decade and into the future, using Amchem Prods. Inc. v. Windsor, 521 U.S. 591 (1997), and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), as a springboard for this exploration. The Symposium will feature a number of well-known speakers in the field of aggregate litigation:
- Elizabeth Chamblee Burch (J.D., Florida State University College of Law) is an Assistant Professor of Law at the Florida State University College of Law.
- Howard M. Erichson (J.D., New York University School of Law) is a Professor of Law at the Fordham University School of Law.
- Steven S. Gensler (J.D., University of Illinois, Urbana-Champaign) is the Welcome D. and W. DeVier Pierson Professor of Law at the University of Oklahoma College of Law.
- Laura J. Hines (J.D., University of Michigan) is a Professor of Law at the University of Kansas School of Law.
- Linda S. Mullenix (Ph.D., Columbia University, J.D., Georgetown University Law Center) holds the Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law.
- Tom Willging (L.L.M., Harvard Law School, J.D., The Catholic University of America, Columbus School of Law) is a senior researcher at the Federal Judicial Center.
- Patrick Woolley (J.D., Yale Law School) is the Beck, Redden & Secrest Professor at the University of Texas School of Law.
Attendance is free, and no reservations are required. CLE credit will be offered at this event, pending approval. For more information, please contact Symposium Editor Shane McCall: email@example.com.
2008 Kansas Law Review Symposium
Law, Reparations, and Racial Disparities
Friday October 31, 2008
9:00 a.m.-5 p.m.
Green Hall, 1535 W. 15th Street, Lawrence, KS 66045
The Seventh Circuit Court of Appeals recently weighed in on reparations for slavery in In re African-American Slave Descendants Litigation, 471 F.3d 754 (7th Cir. 2006). The court raised two vital questions about the matter of enduring harm to present-day blacks in the form of social and economic disparities. How can the purported harms that present-day blacks are alleged to suffer collectively or individually as a result of the enslavement of their ancestors be empirically articulated and quantified? And what are the prospects for connecting these present harms with past harms so as to establish the claim that particular blacks today suffer enduring injury from slavery?
The symposium will gather a distinguished group of scholars to explore what law can learn from empirical research on racial disparities in wealth, health, education, and the criminal justice system, and to assess whether legal reparations for slavery can be a viable means of dealing with these persistent disparities.
Attendance is free and no reservations are required. Please contact Symposium Editor Kelly Foos for more information: firstname.lastname@example.org or 785-864-3463.
The sponsors of this program have applied for 6.5 hours of continuing legal education (CLE) credit in Kansas and Missouri. Persons wishing to receive CLE credit can register at the door and obtain materials. There is no charge. To confirm CLE credit approval prior to the symposium date, please contact Todd Rogers at (785) 864-9257 or by e-mail at email@example.com.
Papers presented at this symposium will be published in the Kansas Law Review, Vol. 57, Issue 4, April 2009. For more information about the articles or to order a copy of the April 2009 edition of the Kansas Law Review, please contact Kelly Foos, Law Review Symposium Editor, at (785) 864-3463 or firstname.lastname@example.org.
9-10:30 a.m. PANEL DISCUSSION ON HEALTH AND RACIAL DISPARITIES
- Kevin Outterson (Boston University School of Law): Reparations for Racial Disparities in Health
- Daniela Ikawa (Public Interest Law Institute/Conectas Human Rights): Racial Discrimination in Access to Health: The Brazilian Experience
- Stacy Elmer (University of Kansas): Health Disparities and Historical Injustice in Sierra Leone: A Case for Reparations?
- Moderator: Elizabeth Weeks Leonard, University of Kansas School of Law
10:45 a.m.-Noon PANEL DISCUSSION ON ECONOMICS AND RACIAL DISPARITIES
- William ("Sandy") Darity, Jr. (Duke University): Forty Acres and a Mule in the Twenty-First Century
- Ronald Caldwell, Jr. (University of Kansas): Expectations and the Black-White Skill Gap: Do Perceptions About Racial Disadvantage Play a Role in the Development of Minority Skill Gaps and What Are the Policy Implications?
- Moderator: Thomas Stacy, University of Kansas School of Law
Noon-1:45 p.m. BY INVITATION ONLY: LUNCHEON
- Roy L. Brooks (University of San Diego School of Law): Toward a Post-Atonement America: The Supreme Court's Atonement for Slavery and Jim Crow
2-3:30 p.m. PANEL DISCUSSION ON CRIMINAL JUSTICE AND RACIAL DISPARITIES
- Cassia Spohn (Arizona State University): Race, Sex & Pre-Trial Detention in Federal Court: Indirect Effects and Cumulative Disadvantage
- Ruth Peterson (The Ohio State University): Race, Residence, and Crime: A Case for Community Reparations
- Bruce Western (Harvard University): Punishment, Inequality, and the Future of Mass Incarceration
- Moderator: Jelani Jefferson Exum, University of Kansas School of Law
3:45-5 p.m. PANEL DISCUSSION ON LAW, PHILOSOPHY, AND REPARATIONS
- Derrick Darby (University of Kansas): Educational Inequality and Social Science in Grutter: A Lesson for the Black Reparations Debate
- Adrienne Davis (Washington University School of Law): Republicanism & Reparations: The Juridical and Political Viability of Black Reparations
- Moderator: Ann Cudd, University of Kansas Department of Philosophy
Roy L. Brooks (J.D., Yale Law School), Warren Distinguished Professor of Law, University of San Diego School of Law
Ronald Caldwell, Jr. (Ph.D., University of Washington), Assistant Professor of Economics & Oswald Scholar, University of Kansas
Derrick Darby (Ph.D., University of Pittsburgh), Associate Professor of Philosophy and Affiliated Faculty School of Law, University of Kansas
Adrienne Davis (J.D., Yale Law School), William M. Van Cleve Professor of Law, Washington University School of Law
William ("Sandy") Darity, Jr. (Ph.D., M.I.T.), Cary C. Boshamer Professor of Economics, Arts & Sciences Professor of Public Policy Studies, Professor of African and African-American Studies, Duke University
Stacy Elmer (B.A., Colorado College), Doctoral candidate in Philosophy, University of Kansas
Daniela Ikawa (Ph.D., University of Sao Paolo), Legal Officer, Public Interest Law Institute; Consultant, Conectas Human Rights; Co-Managing Editor, Sur International Journal for Human Rights
Kevin Outterson (J.D., Northwestern University, L.L.M., University of Cambridge), Associate Professor, Boston University School of Law
Ruth Peterson (Ph.D., University of Wisconsin), Professor of Sociology, The Ohio State University
Cassia Spohn (Ph.D., University of Nebraska-Lincoln), Professor and Director of Graduate Programs, School of Criminology and Criminal Justice, Arizona State University
Bruce Western (Ph.D., University of California Los Angeles), Professor of Sociology and Director of the Multidisciplinary Program in Inequality and Social Policy, Harvard University
Sponsored by: University of Kansas School of Law; University of Kansas College of Liberal Arts & Sciences; The Hall Center for the Humanities; University of Kansas Institute for Policy & Social Research; University of Kansas Department of Public Administration; University of Kansas Department of Economics; University of Kansas Department of Sociology
2007 Kansas Law Review Symposium
Biolaw: Law at the Frontiers of Biology
Green Hall, 1535 W. 15th Street, Lawrence, KS 66045
The past several years have presented a bewildering array of legal issues raising more questions than answers. Should the Food and Drug Administration approve cloned meat for consumption? Are humans patentable? Is it legal for patients to have access to developmental drugs? Should the law allow parents to halt their daughter's growth using modern scientific techniques? What is the legality of partial-birth abortion? Are stem cell research and genetic human enhancement legal? How can the current devastating loss of biodiversity be reversed?
The recent explosion of the life sciences and biotechnology has challenged traditional laws, and public opinion concerning proper solutions is far from uniform. Part of the challenge is to approach these unparalleled issues head-on in spite of varying beliefs and tough scientific inquiry. Law, science, and policy, however, should also anticipate future challenges as research and development continue to flourish.
The Kansas Law Review's 2007 Symposium, Biolaw: Law at the Frontiers of Biology, features world-renowned experts as speakers. Speakers at the symposium will address the above questions by exploring issues regarding the scope of the field of biolaw, patentability of human life, FDA regulation, laws concerning genetic and non-genetic human enhancement, practical biolaw issues, and biotechnology and bioethics.
The event will begin at 9 a.m. with an introduction and welcome followed by panel presentations. Speakers will present their findings and then open the floor for questions and discussion. The Kansas Law Review will publish the speakers' papers. Each paper will identify and analyze issues critical to practitioners, policymakers, and the public as a whole.
Schedule of Symposium Speakers
9-10 a.m. "Biolaw: Cracking the Code" (describing the emerging field of biolaw)
Jim Chen, J.D., M.A., Dean, University of Louisville Louis D. Brandeis School of Law
- Founder and administrator of the Jurisdynamics Network, which includes the popular blog entitled Biolaw: Law and the Life Sciences (co-founded with Professor Andrew W. Torrance);
- Faculty, University of Minnesota Law School, 1993 to 2007
- Coauthor of "Disasters and the Law: Katrina and Beyond" (Aspen Publishers, 2006)
- Dean Chen has lectured in 14 countries, on four continents and in three languages. He held a chaire departementale in the Faculte de Droit et des Sciences Politiques of the Universite de Nantes. He became the first American law professor appointed at Heinrich-Heine Universitat in Dusseldorf
10-11 a.m. "Patents & the Future of Human Evolution"
Andrew Torrance, J.D., Ph.D., Associate Professor, University of Kansas School of Law
- Lecturer at Harvard University from 1999-2005
- Visiting Professor at Harvard University in 2003
- Chairs the Scientific and Creative Board of the Darwin Project, a major biodiversity institution planned for downtown Boston
- Practiced law at the firm of Fish & Richardson LLC; in-house counsel at Inverness Medical Innovations, a leading multinational medical diagnostics company
11 a.m.-Noon "State of the Art in Food & Drug Law"
Noon-1:30 p.m. Lunch
Adlah Donastorg, Senator, United States Virgin Islands
1:30-2:30 p.m. "Law & Human Biological Enhancement"
Henry T. Greely, J.D., Professor, Stanford Law School; courtesy appointment with Stanford University Department of Genetics
2:30-4 p.m. "Cutting-Edge Legal Issues in Biotechnology"
Rudolf H. Beese, panel moderator, Sonnenschein Nath & Rosenthal
Sonnenschein Nath & Rosenthal, the symposium sponsor, has generously organized a panel of attorneys with deep expertise in biolaw. Moderated by Rudolf H. Beese, a leading attorney in the areas of life sciences and climate change, this expert panel will offer their valuable insights on how best to meet the challenges of the many complex and complicated legal issues arising from advances in biological sciences and biotechnology.
4-5 p.m. "Maybe Medicines: Dealing with the 'Uncontroversial' Right to Cutting-Edge Unproven Treatments" (discussing unproven technologies overlooked by the court in the Abigail Alliance case, which rejected a constitutional right to unproven treatment)
Jerry Menikoff, J.D., M.P.P., M.D., Director, Office of Human Subjects Research, National Institute of Health; Director, Institute for Bioethics, Law and Public Policy at the University of Kansas School of Medicine
Following the symposium, the Kansas Law Review invites everyone to attend a reception, in honor of our speakers, in the commons at Green Hall. Jonathan Chester, one of the world's preeminent polar photographers and explorers, will present some of his breathtaking photography, a presentation you will not want to miss! Refreshments and snacks will be provided. Be sure and check out his website for samples of his work.
Topics presented at this symposium will be published in the Kansas Law Review, Vol. 56, Issue 4, April 2008.
For more information about the articles or to order a copy of the April 2008 edition of the Kansas Law Review, please contact Jonathan Grossman, Law Review Symposium Editor, at (785) 864-3463 or email@example.com .