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Recent Developments in the Law CLE

Make plans now to join your colleagues and legal experts for

34th Annual Recent Developments in the Law 
May 20–21, 2020 | Lawrence, Kansas

In light of the coronavirus (COVID-19) and recommendations from the Centers for Disease Control, we have made the decision to cancel the 34th Annual Recent Developments in the Law that was scheduled for May 20-21, 2020. The health and safety of our community are our priority as we navigate this evolving situation. Thank you for your patience. If you have any questions, please contact Crystal Mai at cmai@ku.edu.

Learn about the latest developments in a wide range of law practice areas while earning as many as 15 CLE hours in Kansas and Missouri, including 3 hours of ethics.

The program will take place at the University of Kansas School of Law, Green Hall, 1535 W. 15th Street, Lawrence, Kansas.

* One ethics hour is devoted to elimination of bias as required by MO Supreme Court Rule 15.05.

Day One | Wednesday, May 20, 2020

8 - 8:50 am Kansas and Federal Civil Procedure Updates
Lumen Mulligan, Earl B. Shurtz Research Professor, KU School of Law

This session will include a review of the statutory, rule and case law developments from the prior year in both federal and Kansas law.

10-Minute Break

9 - 9:50 am

Who is the Corporation?
Lua Yuille, Professor of Law, KU School of Law; Affiliated Professor, Center for Latin American & Caribbean Studies, KU

This presentation will update and review the corporate and securities law implications of the controversial political and social activities of major shareholders. Specific examples will include Soul Cycle, In-n-Out, and Chick-fil-A.

10-Minute Break

10 - 10:50 am

(1.0 ethics)

Professional Responsibility in Daily Life
Michael Hoeflich, John H. & John M. Kane Distinguished Professor of Law, KU School of Law

Most lawyers ordinarily interest themselves in the Rules of Professional Conduct in two situations: (1) if they find themselves confronting an ethical problem in practice which requires them to deal with the Rules and (2) when they are sitting in a CLE class on professional responsibility to satisfy their annual CLE obligations. Professor Hoeflich will talk about the importance of incorporating both awareness of the Rules in everyday practice and the ways in which lawyers can both keep up-to-date on the Rules and other legal ethics developments and incorporate the Rules in practice to lessen the likelihood that they will have ethical problems.

10-Minute Break

11 - 11:50 am

(1.0 ethics)

Ethics Beyond Legal Ethics
Michael Hoeflich, John H. & John M. Kane Distinguished Professor of Law, KU School of Law

The relationship of the Rules of Professional Conduct to general notions of ethical behavior and morality is a topic most lawyers attempt to avoid considering or discussing. However, the general public is often surprised and dismayed at what they perceive to be unethical behavior by lawyers even though such behavior may well be required by the Rules. In this session Professor Hoeflich will discuss this vexing topic and look at several examples of where legal ethics and conventional ethics and morality appear to be in conflict.

Lunch (on your own)
1 - 1:50 pm Individual Rights in Kansas After Hodes & Nauser
Richard E. Levy, J.B. Smith Distinguished Professor of Constitutional Law, KU School of Law

The Kansas Supreme Court’s decision in Hodes & Nauser v. Schmidt has garnered considerable attention for its recognition of a right to abortion under the Kansas Constitution. The case, however, has important implications that extend far beyond the specific question of abortion rights, as the rationale and analysis of the decision suggest a far more active role for the Kansas Courts in enforcing the protections of the Kansas Constitution’s Bill of Rights. Professor Levy will summarize the Hodes & Nauser decision and address those implications, as reflected in subsequent judicial decisions and ongoing litigation involving such issues as the broader right of privacy, equal protection, the right to a jury in civil matters, the right to a remedy by due course of law, the death penalty, and many other rights.

10-Minute Break
2 - 2:50 pm Developments in LGBT Law
Kyle Velte, Associate Professor, KU School of Law

Professor Velte will discuss the developments in state and federal law regarding sexual orientation and gender identity, as well as what's on the legal horizon for the LGBT community. Topics will include employment discrimination, religious exemptions from antidiscrimination laws and Title IX.

10-Minute Break
3 - 3:50 pm Recent Updates to Kansas Family Law – 2020 Edition
Melanie DeRousse, Clinical Associate Professor, KU School of Law and Director, Douglas County Legal Aid

Lawyers advising clients engaging in cross-border sales should know that the current version of INCOTERMS (international commercial terms, from the International Chamber of Commerce) differs from earlier versions in its allocation of cost, risk, and function between sellers and buyers – and that yet another version of INCOTERMS is to be released soon. Such lawyers also should know that the Vienna Sales Convention, which automatically governs many cross-border commercial sales unless the contract specifically opts out of it, now applies to nearly all countries in the world, including the USA. This presentation will summarize these developments and why they matter.

10-Minute Break
4 - 4:50 pm Evidence Updates
Judge Steve Leben, Kansas Court of Appeals; Adjunct Professor, KU School of Law

Judge Leben will review recent developments in evidence law, mainly focusing on Kansas and the 10th Circuit.

Day Two | Thursday, May 21, 2020

8 - 8:50 am Criminal Procedure and Law: The Year in Review
Elizabeth Cateforis, Clinical Professor, Supervising Attorney, Project for Innocence & Post-Conviction Remedies, KU School of Law

Professor Cateforis will review significant new criminal procedure and criminal law cases decided by the United States Supreme Court and the Kansas Appellate Courts in the past year.

10-Minute Break

9 - 9:50 am

(1.0 ethics)

Implicit Bias: How Hidden Biases Are Impacting Your Practice and Methods to Counteract The Impact
Alice Craig, Attorney, Project for Innocence & Post-Conviction Remedies; James A. Riedy Teaching Fellow, KU School of Law

Everyone has subconscious beliefs or attitudes impacting their decision-making process. Height, weight, age, race, alma mater, home town – researchers have identified more than 150 types of bias that may impact our decisions. We need to learn to identify these subconscious anchors because they often create a false premise for our decisions. These decisions relate to who we hire, how we treat our clients, and ultimately, how successful our practice can be. Professor Craig will discuss ways to uncover our biases and tools to counter their impact on our practice.

10-Minute Break

10 - 10:50 am

Recent Developments in Immigration Law: the Administration's Effort to Limit Asylum Litigation
David Gottlieb, Professor Emeritus of Law, KU School of Law; Adjunct Professor, Wake Forest

The presentation will discuss the Administration's efforts to limit asylum litigation by means such as the Migrant Protection Protocols (the "Remain in Mexico" policy), the ban on asylum for individuals who have transited through third countries, and Metering (turning around would-be immigrants at ports of entry). The talk will cover both the policies and the progress of the litigation contesting the policies.

10-Minute Break
11 - 11:50 am Update on a Busy Year for Copyright Law
Kevin Smith, Dean of Libraries, KU; Courtesy Professor, KU School of Law

It is very rare for the Supreme Court to have three copyright cases on its docket in a single term, but that is the case in 2020. One of those cases, Google v. Oracle America, could dramatically alter the landscape of the software and technology industries, while another, about a pirate ship off the North Carolina coast, has the potential to redraw the boundaries of state sovereign immunity under the 11th Amendment. Dean Smith will look carefully at these cases, especially any opinions that issue by the time we meet, and also consider the jurisprudence around fair use over the last year.

Lunch (on your own)
1 - 1:50 pm Cybercrimes: A Discussion of Current Issues Facing Courts Across the Country
Matt Wolesky, AUSA, Western District of Missouri; Adjunct Professor, KU School of Law

Ripped from the headlines, this lecture will focus on recent updates in current technology issues and how courts are responding to them, with an emphasis on encryption and privacy, biometrics and the 5th Amendment, and cybersecurity and disinformation campaigns.

10-Minute Break
2 - 2:50 pm Recent Developments in International Trade Law: Multilateral, Regional and Bilateral
Raj Bhala, Brenneisen Distinguished Professor, KU School of Law

This presentation will review the chaos in international trade law at the three levels at which it operates, multilateral, regional and bilateral. At the multilateral level, we will discuss the death of the “Supreme Court” of international trade, the World Trade Organization (WTO) Appellate Body and the status of negotiations on industrial subsidies and state owned enterprises in China, and on environmental goods and services, plus the status of “developing” countries. At the regional level, we will cover the newest U.S. free trade agreements (FTAs), the United States Mexico Canada Agreement (USMCA), focusing on rules of origin and labor rights, and the U.S.-Japan Free Trade Agreement (USJFTA), focusing on whether it is an improvement from the Trans Pacific Partnership (TPP), from which the U.S. withdrew in January 2017. At the bilateral level, we will analyze the Sino-American Trade War, including the terms of the January 2020 “Phase One Agreement” covering market access for U.S. agricultural, industrial, energy, and services, intellectual property, currency manipulation, and tariff relief, and the battle between the U.S. and France over France’s proposed Digital Services Tax (DST).

10-Minute Break
3 - 3:50 pm Iran: From Targeted Killing to Targeted Sanctions – What You Need To Know for International Business Law and Policy
Raj Bhala, Brenneisen Distinguished Professor, KU School of Law

The July 2015 Joint Comprehensive Plan of Action (JCPOA) ushered in a withdrawal of certain U.S. and U.N. sanctions that promised more international business transactions with Iran, not only in energy sectors, but also across a diverse array of agricultural and industrial products, and services. The May 2018 U.S. withdrawal from the JCPOA brought about a re-imposition of U.S. trade sanctions, and a tightening of export controls – by the U.S. The European Union, China, and Russia, however took (and continue to take) a different approach. These countries seek to keep the Nuclear Deal alive, and have developed a payment mechanism (INSTEX) to continue transactions with Iran, and have triggered the JCPOA dispute settlement mechanism (DSM). The January 2020 Soleimani assassination and its aftermath brought about more chaos, and a wider split in approach between the U.S. and other countries on doing business with Iran, and applying sanctions and export controls to Iran. We will discuss these developments and what they mean for the different types of risks (legal, political, and war) in doing business with Iran, in or around the Gulf, or with third countries ranging from the EU to India. We also will consider the underlying sources of conflict, including the Sunni-Shi’a split and the unique role Iran regards itself playing, as embedded in its Constitution, and the prognosis for U.S.-Iran relations.


For program questions:
Crystal Mai

For registration questions:
Pam Hicks, KUCE