Professor: Health care fight reflects role of federalism in disputes

Tuesday, October 08, 2013

LAWRENCE — When the United States was in its infancy and the Articles of Confederation — a precursor to the Constitution — were drafted, the founding fathers likely had no idea how that might contribute to the polarized nation we live in today. Richard E. Levy, J.B. Smith Distinguished Professor of Constitutional Law at the University of Kansas, has authored an article exploring four of America’s most divisive issues and how they all become arguments of federalism, or federal government authority versus states’ rights.

In the paper Levy explores the Affordable Care Act, immigration, same-sex marriage and gun rights. He explores the political ins and outs of each issue and how they essentially boil down to questions of who decides the issue — the federal or state government. He will present the research at a conference at Kanagawa University in Yokohama, Japan, in November.

The article builds on a presentation he gave in Japan in 2009 as part of KU and Kanagawa University’s ongoing partnership. The original conference happened shortly after the financial crisis, and its focus was the centralization and de-centralization of government authority in economically developed nations. This paper is for a followup conference that explores the effects of the financial crises on centralization and de-centralization.

“I began thinking about what the effect of federalism is in the United States and how it related to the financial crisis,” Levy said. “As I studied that and many other divisive topics, I realized they were all not only hot button issues, but federalism issues.”

He decided to explore the link between federalism and ideologically divisive issues. While we live in a polarized nation today, the phenomenon is not new. Perhaps the country’s most famous example is the Civil War. The most remembered cause of the war was slavery, but states’ rights and economic issues factored in as well, and even 150 years later, people are willing to argue about the true cause.

“When I realized that the interaction between federalism and polarization was critical for other historical issues such as slavery and the Civil War I thought this might be a topic that transcends issues and eras,” Levy said.

Throughout the paper Levy explores how four divisive issues of today are argued in terms of federalism. In the case of the Affordable Care Act, or “Obamacare,” as it is referred to by those who oppose it, the individual mandate and other provisions are controversial as a matter of policy, but the main arguments focus on overreaching by the federal government. The law was challenged in court primarily on two federalist grounds: Opponents claimed the individual mandate was beyond the scope of the enumerated federal powers and that Medicaid expansion interfered with state sovereignty by forcing them to expand the coverage. In the case of immigration, Levy writes, it is widely accepted that the issue is a federal concern, but inaction at that level has prompted some states to take action to discourage immigration. The question also became one of federalism: whether state and local laws are pre-empted by federal requirements.

Same-sex marriage presents a dispute on grounds of traditional morals that also presents a number of federalism issues, Levy writes. The Supreme Court originally rebuffed the efforts to challenge anti-gay laws, so gay-rights advocates turned to the state level. While they achieved success in some states, in others the responses were prohibiting same-sex marriages and the federal Defense of Marriage Act. Over time, the Supreme Court became more receptive to gay-rights claims, including the recent decision striking down of key components of the Defense of Marriage Act. Nonetheless, the issue of same-sex marriage has not been resolved and has resulted in a patchwork of varying laws by state regarding its legality.

Gun rights are among the most divisive current issues and highlight a key tactic in states opposing federal law. Gun-rights supporters argue the Second Amendment guarantees individuals’ rights to own and carry firearms, prompting many states to oppose any gun control legislation, often before it happens. Several states, including Kansas, have gone so far as to pass legislation stating guns produced and owned within their borders are not subject to federal regulations and make it a crime for federal agents to enforce laws related to them.

Nullification laws, or those that aim to negate federal laws at the state level, have been used in a number of cases, most notably in disputes about gun control and marijuana criminalization.

“I often tell my students that both the left and the right are equal opportunity hypocrites when it comes to federalism,” Levy said. “They are for it when it supports their case and against it when it doesn’t. With nullification laws, when you have ideological polarization, I think you see people more willing to make a statement about the law without intending they will have any real effect.”

Levy notes that federalism has largely magnified the current red-state, blue-state divide in the country by encouraging states to enact more radical policies on each side, depending on the ideological leanings of the geographical area. The tendency to use federalism as an argument to support a cause is both inherent in the system and to a lesser extent human nature, Levy said, but he doesn’t feel it is an unsolvable problem. History shows that polarization is not constant and that moderates have had success at the federal level. Conversely, sometimes one side is so powerful they essentially have no opposition and thus practically no polarization.

The study shows that under present circumstances federalism and ideological polarization are mutually reinforcing, enhancing rather than dampening each other’s effects. The current structure of federalism has also produced a divided federal government, which prevents action on controversial topics, and when the resulting polarization aligns with geographical divides, states are often more prone to enact radical policies, Levy argues. When federalism and ideological divides are not aligned, however, the two may tend to moderate each other. However, just as polarization is not historically persistent, it is not hopeless to expect solutions to divisive issues.

“I tend to think a better understanding of problems promotes better solutions,” Levy said. “I would hope this research would help people understand how the issues become jumbled and how they might be addressed.”

Judge Julie Robinson, L'81, among African-American Leaders and Innovators

Monday, September 30, 2013

LAWRENCE —​Nine alumni whose University of Kansas eras span from the 1920s to the 1980s are the 2013 recipients of the KU Black Alumni Chapter’s African-American Leaders and Innovators award. The chapter, sponsored by the KU Alumni Association, will honor them Friday, Nov. 1, during its biennial reunion. Five of the recipients will attend the event, and four will be honored posthumously.

The five who are scheduled to attend include:

  • Homer C. Floyd of Harrisburg, Pa., who completed his bachelor’s degree in education at KU in 1961;
  • La Vert Murray of Kansas City, Kan., a 1971 KU graduate in political science;
  • Julie Robinson, Lawrence, who completed her journalism degree at KU in 1978 and graduated from the School of Law in 1981;
  • Leslie Meacham Saunders, Roswell, Ga., who graduated from KU with a bachelor’s degree in English in 1973; and
  • Lynette Woodard of Houston, who earned her KU communication studies degree in 1981.

The four posthumous honorees are:

  • Wilbur D. Goodseal, who earned his KU degree in education in 1952 and his graduate degree in speech pathology in 1962;
  • Marie Ross, who completed her KU journalism degree in 1944 from the College of Liberal Arts and Sciences, two years before the School of Journalism was founded;
  • Chester I. Lewis Jr., a 1951 graduate of the College of Liberal Arts and Sciences and a 1953 graduate of the School of Law; and
  • Cheryl Warren Mattox, who completed her bachelor’s degree in piano from the KU School of Fine Arts in 1972.

Floyd was among the first African-Americans in the 20th century to play on KU’s football team. He won All-Conference honors in the Big Eight and was co-captain, the first black player to serve in this role. Floyd devoted his career to civil rights enforcement. During the 1960s, he directed the Topeka Human Relations Commis­sion, the Omaha Human Relations Board and the Kansas Commission on Civil Rights. As executive director of the Pennsylvania Human Relations Commission from 1970 until his retirement in 2011, he led the resolution of cases that benefited millions of racial minorities, women and people with disabilities. In 1999 and 2002, he received the U.S. Equal Employment Opportunity Commission Outstanding Achievement Award.

Goodseal, who died Aug. 5 this year, distinguished himself during a 42-year career with the Kansas City, Mo., school district. He achieved local, state and national recognition, including the 1994 prestigious Rolland Van Hattum Award from the American Speech-Language and Hearing Foundation for his leadership in creating and implementing curriculum and cultural awareness programs for students from culturally and linguistically diverse backgrounds. An avid supporter of the arts, Goodseal also performed in numerous ensembles to promote the arts and community relationships.

Lewis, who died in June 1990, was a Wichita attorney and a local, state and national leader in the movement for equality. He graduated third in his KU law school class and was a campus civil rights activist, president of his fraternity and a member of Student Senate. As an attorney, he challenged racial segregation in Wichita. He successfully sued Wesley Hospital, which had decreed that black patients could not have private rooms; the city of Wichita, which refused blacks admission to the municipal swimming pool; and numerous businesses, including Boeing Aircraft, for employment discrimination.

Murray, a certified economic development profes­sional, played a major part in bringing significant developments to Kansas City and Wyandotte County, including the Village West/Legends shopping district and four of the top tourist attractions in Kansas: the Kansas Speedway, Cabela’s, Nebraska Furniture Mart and Great Wolf Lodge. He and others orga­nized the city’s first Martin Luther King Jr. birthday celebration in 1984.

Robinson, who works in Topeka, served as a law clerk for federal bankruptcy judge Benjamin E. Franklin, a U.S. assistant prosecutor for the District of Kansas, and a judge in the U.S. Bankruptcy Appellate Panel of the 10th District. In 2002, when she was sworn in as the 26th district judge in the federal district of Kansas, she became the first African-American woman to serve as a federal judge in the state.

In 1927, Ross was the first black woman to enroll in journalism classes at KU. When one of her professors tried to dissuade her from pursuing a career in journalism by claiming no white newspa­per would hire her, she brought him examples of many African-American-owned newspapers where she could find employment. In 1929, she left KU to work as a full-time member of the staff at The Call in Kansas City, Mo. During World War II, she moved to Des Moines to work for the Iowa Bystander. While continuing her career, Ross completed her undergraduate work to earn her KU diploma in 1944. She returned to The Call in 1959 to serve as manager and editor of its Kansas City, Kan., office. She died in July 2001.

Saunders, of Roswell, Ga., served as the University’s first coordinator of special projects/assistant director of admissions and helped lay the foundation for what is now the KU Black Alumni Chapter. She was the executive director of Kaw Valley Girl Scout Council and one of the young­est executive directors in the Girl Scouts’ national history. For her innovative approach to managing the organization, the IBM Corp. recognized her as one of the nation’s top 1 percent among nonprofit leaders. She is now president of LMS Management Consulting in Roswell.

Mattox died in February 2006 after a career as a renowned classical pianist, composer and arranger. She also hosted a radio show, taught elementary-school music and, with her husband, wrote two critically acclaimed children’s books, “Shake It to the One You Love Best” and “Let’s Get the Rhythm of the Band,” which were honored by the American Library Association and featured on the Emmy award-winning PBS children’s program “Reading Rainbow.” She received a master of arts in music from San Francisco State University.

Woodard played basketball at KU from 1977 to 1981 and was a four-time All-American, averaging 26 points a game and scoring a school-record 3,649 points during her KU career. She was the first KU woman to have her jersey hung at Allen Fieldhouse. In 1984, she led the U.S. women’s gold-medal Olympic team as captain at the Los Angeles Olympic Games. In 1985, she made headlines when she became the first woman to play for the Harlem Globetrot­ters. After working as an assistant coach for the KU women’s basketball team, she played for two years in the WNBA when it was created in 1997. When she retired in 1999, she returned to KU as assistant coach and served as interim coach in 2004. Since 2005, she has worked as an investment adviser for Cornerstone Securities. She is a member of 10 different halls of fame, including the Naismith Hall of Fame (2002), Women’s Basketball Hall of Fame (2005) and the African-American Sports Hall of Fame (2006).

The KU Black Alumni Chapter created the Leaders and Innovators award in 2006 and has honored 29 alumni. For a list of previous African-American Leaders and Innovators and details of the Black Alumni Chapter Reunion Nov. 1-3, visit

Legal writing experts to convene for national conference at School of Law

Wednesday, September 25, 2013

LAWRENCE — Legal writing faculty from law schools across the country will gather this week at the University of Kansas to exchange views about how to teach the next generation of lawyers to communicate and advocate effectively.

The law school will host the 2013 Central States Legal Writing Conference on Friday and Saturday, Sept. 27-28 at Green Hall, 1535 W. 15th St. The conference is free and open to the public, but registration is required.

With a theme of “Creating Context & Connections,” presenters will focus on methods to help students succeed in the classroom and in their careers. Topics include:

  • Building student knowledge to maximize learning of foundational legal skills.
  • Helping students see the interconnectivity between legal writing and their doctrinal courses or clinical work.
  • Connecting for students what they learn in legal writing to the practice of law, so they are more “practice-ready.”

Presenters will share their teaching techniques, curriculum ideas, research, assessment methods and uses of technology. 

“We know that our students’ ability to communicate effectively both orally and in writing is critical to their success as lawyers,” said Pam Keller, lawyering skills director at the law school. “We continue to focus on ways to help our students develop these skills early and practice them consistently. The ideas generated at this conference will be the kind we can immediately implement in our classrooms to the direct benefit of our students.”

The School of Law has long been a leader in legal writing instruction. Training begins with a yearlong Lawyering Skills course, where students learn the fundamentals of legal analysis, research and writing. Over the next two years, they refine these skills through upper-level writing courses, service on the Kansas Law Review and the Kansas Journal of Law & Public Policy, and training in KU’s clinics and advocacy programs.

Law professor wins Docking Young Faculty Scholar Award

Friday, September 20, 2013

LAWRENCE — In 1999, former Kansas First Lady Meredith Docking made a commitment of $1 million to establish the Docking Young Faculty Scholar Award. In 2013, ten exceptional faculty members at the University of Kansas have been honored as the latest recipients.

“Mrs. Docking established this generous award to honor faculty who have distinguished themselves early in their careers at KU,” said Jeff Vitter, provost and executive vice chancellor. “Our strategic plan, Bold Aspirations, has guided our efforts to bring many talented, young faculty to Lawrence in recent years across all of our schools and the College. These awards enable us to recognize and retain outstanding individuals, even in a challenging economic environment.”

Individuals selected as Docking Faculty Scholars receive an annual stipend over the duration of their award, either three or five years. The award may be renewed for a second term. Faculty selected in 2013:

  • Shawn Alexander, associate professor of African & African American studies
  • Christopher Depcik, associate professor of mechanical engineering
  • Dale Dorsey, associate professor of philosophy
  • William Elliott, associate professor of social welfare
  • Tamara Falicov, chair and associate professor of film and media studies
  • Trent Herda, assistant professor of health, sport & exercise science
  • Virginia Harper Ho, associate professor of law
  • Wonpil Im, associate professor of molecular biology
  • Ebenezer Obadare, associate professor of sociology
  • Hyunjin Seo, assistant professor of journalism and mass communications.

“I know that each of these ten faculty will honor the spirit behind Mrs. Docking’s gift — to strengthen exceptional teachers and scholars at KU,” said Vitter.

The Docking Young Faculty Scholar Award was established by Meredith Docking to reward, encourage and retain younger faculty members who have clearly distinguished themselves early in their careers at KU. Assistant and associate professors who have distinguished themselves through exceptional research and teaching are eligible for these awards. The 10 new scholars were selected for the great potential their dean, chair and colleagues recognized in their nominations.

Past recipients include Monica Biernat, professor of psychology, Rick Dobrowsky, professor of pharmacology and toxicology, Judy Wu, distinguished professor of physics and astronomy, and Andrew Torrance, professor of law.

Biographical information on the Docking family:

Meredith Docking graduated from KU with a business degree in 1947. She was a member of Chi Omega Sorority at KU, where she met her future husband, Robert Docking, a 1948 KU graduate. He was elected to the first of four consecutive two-year terms as Kansas governor in 1966. As first lady, Meredith Docking held honorary positions on many boards and traveled throughout the state to meet with citizens and support her husband's campaigns. A longtime supporter of KU, Meredith Docking was a member of the KU Alumni Association and the Outlook Society, which honors donors of $500,000 or more through the Chancellors Club, KU Endowment's major-donor organization. Meredith Docking died in October 2004.

William R. Docking graduated from KU in 1973 with a bachelor of arts degree in political science and in 1977 with a master's degree in business and a law degree. He is married to Judy Docking, and he has a grown daughter, Mary Ruth Docking. He is chair of The Union State Bank in Arkansas City, and of City National Bank and Trust of Guyman, Okla. He is a member of the KU Endowment Board of Trustees and a member of the Executive Committee. Bill is past chair of the Kansas Board of Regents. He has received KU’s Ellsworth Medallion and was named a distinguished alumnus of the KU School of Business. Earlier this year, he completed 10 years of service on the Board of the Kansas Health Foundation, including three years as chair. At KU, he and Judy have established an endowed professorship in the School of Business and an endowed scholarship for students in the School of Law.

Thomas R. Docking graduated from KU in 1976 with a bachelor of arts degree in economics and political science, and in 1980 with a law degree and an MBA. He is married to Jill Docking, and they have two grown children, Margery Meredith Docking and Brian T. Docking, both of whom graduated from KU. Both have been active in politics. Thomas served as lieutenant governor of Kansas from 1983 to 1987. He is a partner in the Wichita law firm of Morris Laing Evans Brock & Kennedy, and he serves on the board of two commercial banks. He is a member of the steering committee of Far Above: The Campaign for Kansas, and he is a co-chair of the campaign. He and Jill have provided support for areas across KU, including the Docking Family Gateway.

Biographical information on the 2013 Docking Young Faculty Scholars:

Shawn Alexander, associate professor of African & African American studies, joined KU in 2007 after receiving his doctoral degree from the W.E.B. Du Bois Department of Afro-American Studies at the University of Massachusetts and two years as the first Cassius Marcellus Clay Fellow at Yale University. For the past five years he has served as director of the Langston Hughes Center at KU, building the research and education center into a recognizable part of the KU and regional community. He specializes in African-American history from the Reconstruction to the present.

Christopher Depcik, associate professor of mechanical engineering, joined KU in 2008 after receiving his doctoral degree and completing a postdoctoral research fellowship at the University of Michigan. He started the EcoHawks program, which recently dedicated its new home, the Hill Engineering Research and Development Center. His work has been honored with a Kemper Fellowship for Teaching Excellence and a Sustainability Leadership Award from KU, as well as the Society of Automotive Engineers Ralph R. Teetor Award. His research is focused on alternative and renewable fuels for internal combustion engines.

Dale Dorsey, associate professor of philosophy, joined KU in 2008 after earning his doctoral degree from the University of California, San Diego. He spent the 2012-13 academic year on a prestigious fellowship for philosophers whose work benefits public policy at the Murphy Institute Center for Ethics and Public Affairs at Tulane University. His area of focus as a scholar is the philosophical study of well-being, and his collection of published work has led to recognition as a top young ethicist.

William Elliott, associate professor of social welfare, joined KU in 2011 after earning his doctoral degree from the George Warren Brown School of Social Work at Washington University in St. Louis and three years on the faculty at the University of Pittsburgh. He is the founding director of the Assets and Education Initiative, which builds on his research on the possibilities assets hold in improving children’s educational outcomes and has provided unique opportunities for graduate students in social welfare. This academic year he has attracted a number of nationally recognized individuals to KU for a four-part speaker series on the discussion, research, and politics around poverty in America.

Tamara Falicov, chair and associate professor of film and media studies, joined KU in 1998 after earning her doctoral degree at the University of California, San Diego. Her specialty is Latin American Cinema, in particular the historical and political issues surrounding the development of film industries in Argentina. Her 2007 book, “The Cinematic Tango: Contemporary Argentine Film,” won a 2008 CHOICE Award, and she is nearing publication of two new books based on her current focus on film financing. She has also been committed to bringing Latin American film to the local community, including the Nelson-Atkins Museum of Art, the Rio Theatre, and venues in Lawrence and Topeka.

Trent Herda, assistant professor of health, sport & exercise science, joined KU in 2011 after earning his doctoral degree at the University of Oklahoma. He serves as the director of the Neuromechanics Laboratory, where he has been active in inviting and incorporating undergraduate students in the variety of research projects under way. In his young career, he has authored or co-authored 50 works in top-level journals and, according to Google Scholar, has been cited more than 500 times since 2008. His research focus is the study of how the nervous system and muscular system collectively respond and adapt to exercise.

Virginia Harper Ho, associate professor of law, joined KU in 2010. She earned her juris doctorate from Harvard Law School and was previously a visiting assistant professor at the Indiana University Maurer School of Law. She was recently awarded the Immel Teaching Award by KU Law for “innovative, rigorous and effective teaching.” She currently serves on an American Bar Association task force on the role of corporate boards in sustainability and in a leadership role with the American Society of Comparative Law. She integrates research on mainland China with research on U.S. corporate governance reforms.

Wonpil Im, associate professor of molecular biology, joined KU in 2005 with a joint appointment in the Center for Bioinformatics after earning his doctoral degree from Cornell University and serving as an NSF Center for Theoretical Biological Physics Fellow at The Scripps Research Institute. He is a recipient of an Alfred P. Sloan Research Fellowship and the American Chemical Society Hewlett-Packard Outstanding Junior Faculty Award.  In 2011, he was awarded the J. Michael Young Academic Advisor Award by the College of Liberal Arts & Sciences for his exemplary advising of undergraduate students. His research is focused on applications of theoretical and computational methods to chemical and physical problems in biology and material science.

Ebenezer Obadare, associate professor of sociology, joined KU in 2006 after earning his doctoral degree at the London School of Economics and Political Science, where he was Ford Foundation International Fellow and Lord Dahrendorf Scholar in the Centre for Civil Society in 2005-06. Prior to his academic career, he was an award-winning journalist in Nigeria. He is a member of the executive committee for the Kansas African Studies Center and the admissions and curriculum committee of the Center for Global and International Studies at KU. His research interests include civil society and the state, religion and politics in Africa, civic service and citizenship.

Hyunjin Seo, assistant professor of journalism and mass communications, joined KU in 2011 after earning her doctoral degree at Syracuse University, where she was also a Newhouse Postdoctoral Fellow. Last year, her research funded by the Ewing Marion Kauffman Foundation and the Greater Kansas City Community Foundation complemented work her class on campaigns completed for the Kansas City Maker Faire. She also was the originator of a new dynamic space for focus groups that journalism students are using for their research. Her research and publications focus on the use of social media in creating community beyond geographical borders.

Medical-Legal Partnership Clinic to benefit from Proud to Be a Jayhawk tailgate

Thursday, September 05, 2013

LAWRENCE — The Medical-Legal Partnership Clinic for the School of Law and The Big Event will benefit from the 2013 Proud To Be A Jayhawk tailgating fundraiser. The KU football season kicks off Saturday, Sept. 7, when the Jayhawks take on the University of South Dakota at Memorial Stadium.

The law school launched its Medical-Legal Partnership (MLP) Clinic — the first in Kansas — in January 2008. MLP is a health care delivery model that integrates legal services into comprehensive patient care. Working with health care providers and under the supervision of licensed attorneys, law students provide free legal assistance to the low-income patients of the KU Medical Center, JayDoc Free Clinic and Health Care Access.

The Big Event, which began in 2010, connects University of Kansas students, faculty and staff with the Lawrence community by recruiting volunteers to work at hundreds of local job sites during one day of service.

More than $50,000 has been raised through the Proud To Be A Jayhawk tailgating fundraiser since the promotion began in 2001. Past beneficiaries include the BullDoc Free Clinic through the KU Medical Center, the Marching Jayhawks, Math and Science Center, Mi Familia Program, International House, Commission on the Status of Women, Global Awareness Program, Global Partners Program, Center for Community Outreach, Spirit Squad, Nichols League Student Leadership Fund, Studio 804, BiodieselInitiative, Center for Sustainability, Emerging Green Builders, the Jaydoc free medical clinics in Kansas City and Wichita, the KU Audio-Reader sensory garden for the visually impaired and KU's Disability Resources office.

Tailgating and shuttle bus information:
Fans 21 and older may tailgate with alcohol in designated areas during a three-hour pregame period and during halftime. Tailgating with alcohol is not permitted during game time. On Sept. 7, tailgating begins at 3 p.m. Free shuttle buses will begin running two hours before game time from campus parking lots to the east side of Memorial Stadium.

Designated tailgating lots are 1, 2, 3, 33, 34, 36, 39, 50, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 65, 72, 90, 91, 94, 96 and 130. Tailgating is permitted in the Mississippi Street parking garage, but no cooking is allowed. A map can be found in the 2013 Kansas Football Guide.

Parking and Transit will sell a limited number of parking spaces in lot 72, between the Allen Fieldhouse parking garage and the Burge Union, and in lot 90, between the fieldhouse and the Ambler Student Recreation Fitness Center. Both are approved tailgating lots and are served by a free shuttle for travel to and from Memorial Stadium. Parking will cost $20.

For people with disabilities, there are 12 parking stalls in lot 59 on the stadium's east side and 26 stalls in lot 94 on the west side. Each costs $20.

Alcohol consumption is not permitted on campus or city streets.

In addition to providing portable toilets in all designated tailgating areas, Kansas Athletics will provide burn buckets for fans to safely dispose of hot coals.

In an effort to comply with all Homeland Security recommendations and provide the safest atmosphere for coaches, players and fans, backpacks and other large bags are not allowed in Memorial Stadium.

Tailgating rules:
Alcohol may be consumed only during a three-hour period before kickoff and during halftime in designated tailgating areas.

Underage drinking, disorderly conduct or other unlawful conduct will not be tolerated.

No kegs or other alcohol containers with a capacity greater than 1 gallon may be brought into a tailgating area. Fans are strongly encouraged not to use or bring glass containers.

Alcohol may not be brought into Memorial Stadium.

Media Advisory: Constitution Day speaker to discuss ‘Whistleblowers, Reporter Surveillance, and the First Amendment’

Tuesday, September 10, 2013

LAWRENCE – A prominent media lawyer from Washington, D.C., will discuss “Whistleblowers, Reporter Surveillance and the First Amendment” on Constitution Day, Tuesday, Sept. 17, at the University of Kansas School of Law.

Invited journalists, lawyers, students and others will attend the discussion by Charles D. “Chuck” Tobin. In addition, members of the Kansas Press Association, Kansas Association of Broadcasters and Kansas Bar Association from around the state who do not attend in person may engage with Tobin via conference call or Twitter. 

Tobin will speak and answer questions about recent controversies over the media’s publication of leaked government secrets and the government’s secret monitoring of reporters’ emails and phone calls. 

Pam Fine, a KU journalism professor and Knight Chair for News, Leadership and Community, will moderate the discussion, which will be from 1:45 p.m. to 2:40 p.m. in the Rice Room on the fifth floor of the law school, 1535 W. 15th St.

Journalists interested in participating via conference call may contact Mindie Paget by email at or 785-864-9205 to reserve a spot and receive call instructions. Those who wish to submit questions and follow along on Twitter may use the hash tag #whistlelaw.

Before the discussion, Tobin will speak to an assembly of KU law students during a noon forum. There, he will focus on “the history of whistleblowers and journalists’ sources such as Edward Snowden and Bradley Manning and their impact on news reporting in the digital age.” Snowden has been at the center of worldwide controversy for leaking secrets he collected as a National Security Agency contractor, and Manning gained global notoriety for disseminating classified documents he acquired as a U.S. Army intelligence analyst.

A video recording of Tobin’s remarks to students during the Sept. 17 noon forum will be available online the following day for viewing by interested members of the Kansas Bar Association, Kansas Press Association, Kansas Association of Broadcasters and others.

Tobin is an experienced litigator who has dealt with First Amendment matters while representing media clients in state and federal trial and appellate courts around the country. He chairs the national media practice team for the Holland & Knight law firm in Washington, D.C., and is the immediate past chair of the American Bar Association’s Forum on Communications Law. He also advises news organizations on how to respond to subpoenas and gain access to government meetings and records, represents media defendants in libel and privacy lawsuits, and handles a wide range of other legal matters relating to the editorial content of newspapers and broadcasts.

Before joining Holland & Knight, where he is a partner, Tobin served as in-house counsel at the headquarters of Gannett Co., which publishes USA TODAY and owns media outlets across the country. A former journalist, Tobin writes on First Amendment issues, and his articles for the ABA’s Communications Lawyer include “OMG! ‘Twibel’ Claims? R U 4 Real?” and “First Amendment Caste System.” Tobin also speaks on First Amendment topics, including most recently a talk on “Legal Issues Arising from Social Media” to the national Association for Education in Journalism and Mass Communication.

Tobin’s visit to KU is sponsored by KU’s law student chapter of the American Constitution Society, with support from the Kansas Bar Association and its Media Bar Committee, as well as the Media, Law and Technology program at the School of Law.

Professor's article traces technological changes to the law office

Tuesday, August 27, 2013

LAWRENCE – If not for Herman Melville, most of us probably would have no idea what a scrivener is. And if not for the advance of technology, Bartleby and his colleagues might still have similar jobs today.

Michael Hoeflich, John H. and John M. Kane Distinguished Professor of Law at the University of Kansas School of Law, has published an article exploring the history of the scrivener in the American legal office and how advancing technology not only eliminated the profession but changed the way law is practiced. Hoeflich authored “From Scriveners to Typewriters: Document Production in the Nineteenth Century Law Office,” for The Green Bag, “An Entertaining Journal of Law.”

As Melville spelled out in his famous short story “Bartleby the Scrivener” the titular profession was paramount to business in the legal office of the day. Not only did they copy, proofread and verify accuracy of legal documents, they held a respected, well-paid position and were sometimes considered as important to the office as the lawyer. The article will eventually be a chapter in an upcoming book.

“I’m very interested in the everyday practice of law, what the management involves and the history of the business,” Hoeflich said. “I thought it would be interesting to see how the practice of law has evolved in the United States and what we can learn from it.”

Just as they do today, law offices of the past produced a large amount of documents. Without the scrivener the multiple copies would not have been made, and files would not have been kept. However, copying and writing documents by hand was a tedious and time-consuming method. Hoeflich’s research shows that by the early 19th century primitive copying devices such as “copy presses” began to appear in law offices. As the century progressed early versions of typewriters took precedence. The devices were nothing short of revolutionary in the legal office, not only making document production faster, but ushering in social change and shifting power dynamics within the office.

“Scriveners were very quickly replaced by typists,” Hoeflich said. “And typists were almost all women. Now why would that be the case? It’s because typists were paid much less. It was also the introduction of women in the American law office.”

Where a good scrivener could produce about 30 words per minute, a good typist could produce about 100. The result was increased speed, efficiency and a healthier bottom line. Hoeflich argues it also placed much more importance on the lawyer. The typewriter, along with carbon paper, which allowed production of several documents simultaneously, drastically changed the law office by the beginning of the 20th century and also ushered in the appearance of what became an office staple: the rolltop desk. Hoeflich’s article includes multiple historical ads promoting the desks which offered new ways to store files and featured typewriter bays.

“The items that are now antiques truly were revolutionary and did change how law was practiced, just as computers and new technologies are doing now,” Hoeflich said.

The article goes on to explore how the technology advances and phasing out of scriveners increased profits and changed workflow, and how the resulting social changes in law offices related to and reflected those happening in broader society. The article will be a chapter in an upcoming book that explores numerous angles of legal history, including how 19th century lawyers dressed, decorated their offices, found clients and used family connections to form business. Hoeflich said he enjoys studying legal and social history much in the way that genealogists enjoy learning about their familial past. What happened in years past can not only offer lessons about how and why we got where we are, he says, but provide perspective on how current practices and trends can shape the future.

“Professional history to some degree is like individual memory,” Hoeflich said. “While we might not be doomed to repeat it, we can certainly learn lessons from it.”

Law school selects Dean’s Fellows to mentor incoming class

Monday, August 26, 2013
KU Law Dean's Fellows 2013-14

LAWRENCE — Eight law students at the University of Kansas have been selected as Dean’s Fellows for 2013-14.

The second- and third-year students will serve as mentors for first-year students, providing them with a peer’s insight into the first-year experience and helping ease their transition into law school. This is the seventh year for the program, which is administered by the law school’s Office of Student Affairs.

“To be selected as a Dean's Fellow, one must show leadership, compassion and a willingness to serve those following behind them,” said Kaitlin Brigman, student affairs counselor at the law school. “The Dean’s Fellows are a select group, and the ones chosen for this academic year possess an especially wonderful set of qualities that will serve as an invaluable resource to the incoming students.”

Becky Howlett, who is returning for her second year in the program and will serve as the Head Dean’s Fellow, said this year’s program would be revamped to foster more interaction between mentors and first-year students.

“As a returning Fellow, I know how easy it is for incoming students not to make use of this invaluable resource,” she said. “The goal is to create an environment where our entire team is accessible so that 1Ls feel comfortable reaching out to any of our student mentors for general advice, study strategies or the often-needed ‘It’ll be fine’ pep talk. Ultimately, the Dean’s Fellows are committed to promoting student success in the first year of law school and beyond.”

The 2013-14 Dean’s Fellows are listed below by hometown.

From Kansas City, Kan. 
Becky Howlett, a third-year law student, completed a bachelor’s in English and journalism at KU. She has served on the staff of the Kansas Law Review and will be an associate editor during the 2013-14 academic year. Her student organization involvement includes Women in Law, Environmental Law Society and Native American Law Students Association. Howlett, who is returning for her second year of the program, will serve as the Head Dean’s Fellow. She graduated from Piper High School and is the daughter of Wayne and Rosemary Howlett.

From Prairie Village 
Ben Ashworth, a second-year law student, earned a bachelor’s in journalism and political science at KU. He is a member of the Phi Alpha Delta law fraternity and a sports columnist for the University Daily Kansan. This year, Ashworth will serve as the chief of defense for Traffic Court and as a staff editor on the Kansas Journal of Law and Public Policy. He will also conduct side research about international arbitration. Ashworth graduated from Shawnee Mission East High School and is the son of William and Gayle Ashworth.

From Emporia 
Paul Mose, a second-year law student, earned a bachelor’s in communications at Emporia State University. He has participated in several intramural sports leagues and is a member of the Hispanic American Law Students Association. This year, he will serve on the staff of the Kansas Law Review and as a member of the J. Reuben Clark Law Society. Mose works at the law firm of Shook, Hardy & Bacon through the firm’s Diversity Writing Program. He graduated from Emporia High School and is the son of Susan Vargas.

From Wichita 
Grant Brazill, a second-year law student, completed a bachelor’s in secondary education at Wichita State University. He has been involved in the Environmental Law Society and the 1L Mentor Program. This year, he will serve on the staff of the Kansas Law Review and become a member of the Hispanic American Law Students Association. Brazill graduated from Wichita Northwest High School and is the son of Rick and Marlene Brazill.

From Great Bend 
Paige Blevins, a second-year law student, earned a bachelor’s in English at KU. She has participated in Women in Law and the Public Interest Law Society. This year she will serve as a staff editor for the Kansas Journal of Law and Public Policy and events coordinator for the Public Interest Law Society. She graduated from Great Bend High School and is the daughter of Ralph and Laura Blevins.

From Dodge City 
Kate Marples, a third-year law student, earned a bachelor’s in Germanic languages and literatures at KU. She has participated in Environmental Law Society, In-House Moot Court Competition, Kansas Law Review and the Project for Innocence and Post-Conviction Remedies. This year, Marples will represent KU at the Pace National Environmental Law Moot Court Competition. As the Law Review symposium editor, she is also organizing the 2013 Kansas Law Review Symposium on the topic “Waters of the United States: Adapting Law for Degradation and Drought.” Marples graduated from Dodge City High School and is the daughter of Doug and Jane Marples.

From Orem 
Jason Harmon, a second-year law student, completed a bachelor’s in business management with a minor in Spanish and Portuguese at Utah Valley University. He has been involved in the J. Reuben Clark Law Society and this year will serve as a teaching assistant for the Lawyering Skills course and a staff editor on the Kansas Law Review. He graduated from Timpanogos High School and is the son of Phillip and Janet Harmon.

From Phoenix 
Annette McDonough, a second-year law student, completed a bachelor’s in physics at the University of Wyoming. She has been involved in Traffic Court, Women in Law, Native American Law Students Association and the Phi Alpha Delta law fraternity. This year, McDonough will serve as the Westlaw student representative and participate in the In-House Moot Court Competition. She graduated from North High School and is the daughter of David Cox and Emily Jordan.

Professor examining potential laws to regulate de-extinction

Wednesday, August 21, 2013

LAWRENCE — Science has a way of catching up with fantasy. While movies like “Jurassic Park” brought dinosaurs back to life, few imagined that the day might come when extinct creatures could be revived. But the possibility of such revival is not only real, it’s getting closer all the time. A University of Kansas law professor is part of a group of scholars working to propose legal framework to address the myriad questions “de-extinction” will bring to the table.

Andrew Torrance, professor of law and Docking Faculty Scholar at KU’s School of Law, recently took part in a de-extinction conference at Stanford University and is crafting suggestions for potential law to deal with the controversial science as it becomes reality.

“I have a weakness for exactly this kind of project,” Torrance said. “It’s very cool from a scientific perspective, plus I think I was like every kid growing up who thought, ‘Wouldn’t it be cool if I could see a dinosaur some day?’”

While dinosaurs won’t be revived — the fossils are too old and contain no usable DNA — other more recently extinct creatures such as woolly mammoths, saber-toothed tigers and passenger pigeons could potentially be revived. The biotechnology is mostly in place. What’s not in place is law to address questions such as who would own such revived creatures, how their habitat would be governed, international relations among countries housing such creatures and who would be responsible for potential damages among others. Torrance, who holds a doctorate in biology and law degree from Harvard University, was part of the Harvard conference to address the legality of such matters. Other scholars addressed the ethical and philosophical questions.

“The basic science is already there. You have to somehow get a full genome, which is not a trivial problem, but a lot of those breakthroughs have been made,” Torrance said. “In some ways, though, the technology is not as important as the ethical and legal questions. If you resurrected a mammoth, would you set it loose in Times Square? And who would be liable for the damage it caused?”

Torrance advocates for developing a legal framework to address de-extinction before it’s common practice and says there are precedents that can be used to start the process. At the conference he cited the Endangered Species Act, a popular bipartisan law/legislation that allows for protection of endangered species. The law and its implications must be considered in respect to de-extinction he said, as the incentive to protect endangered creatures might wane if people believe they can simply bring it back in a generation or two.

“It changes the idea of what endangerment means. And it changes the meaning of extinction,” Torrance said. “If a creature can be brought back, was it ever really extinct?”

Torrance also addressed the question of how revived species would affect current ecosystems. He cites numerous laws that are in place to deal with invasive species. The United States and international laws have addressed such questions in many cases, and similar efforts would need to be made to address potential damage or changes revived species could have on modern ecosystems.

Genetic modification is another question domestic and international lawmakers will need to consider, Torrance said. In the United States genetic modification is commonly accepted especially among crops such as corn and wheat, but it is not as freely accepted in other nations. International treaties such as the Cartagena Protocol allow nations to suspend normal trading rules to prevent genetically modified products from entering their country if they object to their presence. Such treaties would need to be considered for revived species, especially considering that many animals tend to migrate or spread across borders, Torrance said.

The first several generations of revived species would almost certainly be genetically modified by definition, he said, especially if scientists need to borrow DNA, even in small amounts, from species related to those being revived.

Torrance and colleagues will continue to craft scholarly articles and policy recommendations for consideration by lawmakers. The time to act is now, Torrance said, because the science will be in place eventually, whether the law is ready.

“I think law is at its worst when it’s reacting,” Torrance said.

By working together proactively, scientists, lawmakers and the public can craft regulations that would prevent many potential problems as well as avoid heavy-handed regulations that would stifle innovation.

“De-extinction is something we do need to regulate, but in proportion to the potential risk it could create,” Torrance said. “The law will react one way or another. I think it would be best if it reacts in a way that’s both beneficial to the science and public interest and in a way that keeps costs minimal.”


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