UK J. David Rosenberg College of Law Faculty Scholarship 2020

Faculty Scholarship 2019-2020 University of Kentucky J. David Rosenberg College of Law law.uky.edu

Mary J. Davis

Interim Dean and Ashland Inc-Spears Distinguished Research Professor of Law

Scott R. Bauries

Associate Dean of Research and Willburt D. Ham Professor of Law

Douglas Michael

Associate Dean of Academic Affairs and Dorothy Salmon Professor of Law

Jason Hardin

Assistant Dean of Finance and Administration

Daniel P. Murphy Jr.

Senior Assistant Dean of Community Engagement & Operations Chief Diversity Officer

Susan B. Steele

Associate Dean of Career Development

David Wright

Assistant Dean of Student Services

Richard C. Ausness

Stites & Harbison Professor of Law ARTICLES These Are a Few of My Least Favorite Things, 34 Quinnipiac Probate L.J. (2021) (in press) Causation and Apportionment Issues in Opioid Litigation, 49 Capital University Law Review No. 4 (2021) (in press) Corporate Misconduct in the Pharmaceutical Industry DePaul L. Rev. (2012) (in press) A Progress Report on Opioid Litigation, 45 J. Legal Med. No. 4 (2020) (in press) Is Litigation the Best Way to Combat the Opioid Crisis?,48 Journal of Law, Medicine & Ethics 293-306 (2020) A “Mere Expectancy?” What Rights Do Beneficiaries of a Revocable Trust Have Prior to the Death of the Settlor?, 32 Quinnipiac Probate Law Journal 376-409 (2019) The Current State of Opioid Litigation, 70 South Carolina Law Review 565-610 (2019) The Future of Opioid Litigation, 82 Kentucky Bench & Bar 20-23 (Mar/April 2020) Key Questions The Oklahoma Opioid Verdict Didn't Answer, Bloomberg Law360 (Sept. 6, 2019)

Scott R. Bauries

___ (forthcoming 2020).

Perversity as Rationality in Teacher Evaluation, 71 ARKANSAS LAW REVIEW 325 (2019).

Jennifer Bird-Pollan

Robert G. Lawson Professor of Law BOOK CHAPTERS Developing Moral Standards, in Ethics and Taxation 145 (Robert F. van Brederode ed., Springer Press, 2019).

ARTICLES Taxing the Ivory Tower, Pepperdine L. Rev. (forthcoming 2021).

Revising the Tax Law: The TCJA and its Place in the History of Tax Reform, 45 Ohio N. U. L. Rev. 501 (2019).

Christopher G. Bradley

Wyatt, Tarrant & Combs Associate Professor of Law BOOKS STRATEGIES FOR CREDITORS IN BANKRUPTCY PROCEEDINGS (revised 7th ed., forthcoming 2021) (with Lynn M. LoPucki & Christopher R. Mirick, serving as lead co-author on new edition).

ARTICLES The New Small Business Bankruptcy Game: Strategies for Creditors Under the Small

Associate Dean of Research & Willburt D. Ham Professor of Law

Business Reorganization Act, 28 AM. BANKR. INST. L. REV. 251 (2020).

BOOK CHAPTERS Liability for Negligence Involving Colleges and Students, in CONTEMPORARY ISSUES IN HIGHER EDUCATION LAW (Susan Bon, David H. K. Nguyen, Jennifer Rippner, & Richard Fossey, eds., 4th ed.

2019).

Artworks as Business Entities: Sculpting Property Rights by Private Agreement, 94 Tul. L. Rev. 247 (2020).

ARTICLES Special Education’s Lessons for School Funding Litigation, ___ EDUCATION LAW & POLICY REVIEW ___ (forthcoming 2021) (with Spencer Weiler) (peer reviewed).

An Appellate Ruling Shows the Difficulty of Preserving Carve-Outs, 39(8) Am. Bankr. Inst. J. 20 (2020) (with Marina D. Kirtland).

Public Employees Who Testify, 24 EMPLOYEE RIGHTS & EMPLOYMENT POLICY JOURNAL ___ (forthcoming 2020) (peer reviewed).

Professor Williams and the Education Debates in State Constitutional Law: A Festschrift for Robert Williams, 72 RUTGERS UNIVERSITY LAW REVIEW

The Consumer Protection Ecosystem: Law, Norms, and Technology, 97 Denv. L. Rev. 35 (2020).

Brighton Beach Surcharges, Part 2, 18(1) Am Bankr.

Inst. Ethics and Prof. Compensation Newsl.

(2020).

Brighton Beach Surcharges, Part 1, 17(1) Am Bankr.

Inst. Ethics and Prof. Compensation Newsl.

(2019).

The Fifth Circuit Recognizes Broad Immunities for Trustees and Their Counsel, Am. Bankr. Inst. Bankr.

Litig. Comm. Newsl. (May 2019).

Art in the Age of Contractual Negotiation, 107 Ky. L.J. 547 (2019) (with Brian L. Frye).

Zachary A. Bray

James and Mary Lassiter Professor of Law ARTICLES Diagnosing the Ills of American-Monument Protection Laws, 71 Fla. L. Rev. F. (forthcoming 2020) (invited response).

We Are All Growing Old Together: Making Sense of America's Monument-Protection Laws, 61 Wm & Mary L. Rev. 1259 (2020).

The Fragile Future of Aquifer Storage and Recovery, 57 San Diego L. Rev. 1 (2020).

From ‘Wonderful Grandeur’ to ‘Awful Things’: What the Antiquities Act and National Monuments Reveal About the Statue Statutes and Confederate Monuments, 108 Ky. L.J. 585 (2020).

Tina M. Brooks

Materials (8th ed. 2020)(with D. Owen).

Cases and Materials on the Law of Torts (6th ed.

2019) (with G. Christie, J. Sanders and J. Cardi) BOOK CHAPTERS Commentary on Escola v. Coca-Cola Bottling Co. of Fresno, in Feminist Judgments: Rewritten Tort Opinions (Martha Chamallas and Lucinda Finley eds., Cambridge Univ. Press, 2020).

James M. Donovan

Library Director and James and Mary Lassiter Associate Professor of Law BOOK CHAPTERS Benefits, Drawbacks, and Risks of AI, in Law Librarianship in the Age of AI 131 (Elyssa Valenti, ed., 2020).

ARTICLES Academic Law Libraries and Scholarship: Communication, Publishing, and Ranking, 49(4) J. L. & Educ. (forthcoming 2020) (with Dana Neacsu).

Electronic Services Librarian & Associate Professor of Legal Research

Leave the Books on the Shelves: Library Space as Intrinsic Facilitator of the Reading Experience, 46(2) J. Acad. Librarianship #102104 (2020).

BOOKS Sources of American Law: An Introduction to Legal Research (4th ed. 2019) (with Beau Steenken).

Too Much, Too Soon? Obergefell as Applied Equality Practice, 88(3) Miss. L.J. 281 (2019) (with Alyssa Oakley Milby).

Blanche Bong Cook

Robert E. Harding Jr. Associate Professor of Law ARTICLES

Johnny Appleseed: Citizenship Transmission Laws and A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The “WHP”) Or “Johnny And The WHP,” 31 YALE JOURNAL OF LAW AND FEMINISM 57 (2019).

Stop Traffic: Using Expert Witnesses to Disrupt Intersectional Vulnerability In Sex Trafficking Prosecutions, 24 Berkeley Journal of Criminal Law 147 (2019).

Time for a Fresh Look at Strict Liability for Pharmaceuticals, 28 Cornell J. L & Pub. Pol’y 399 (2019).

Mary J. Davis

Interim Dean and Ashland Inc-Spears Distinguished Research Professor of Law BOOKS Products Liability and Safety: Cases and

Joshua A. Douglas

Ashland Inc-Spears Distinguished Research Professor of Law BOOKS Vote for Us: How to Take Back Our Elections and Change the Future of Voting (Prometheus Books 2019).

BOOK CHAPTERS Elections as Duels: “You Know What? We Can Change That! You Know Why? ‘Cuz We Have the Support of Two-Thirds of Each House of Congress and Three Quarters of the States!”, in The Law of Hamilton: An American Musical (Cornell University Press forthcoming 2020).

Report: Lift Every Voice: The Urgency of Universal Civic Duty Voting (Universal Voting Working Group, Brookings Institution and The Ash Center for Democratic Governance and Innovation, Harvard Kennedy School 2020) (co-author of legal section and contributor to full report).

Report: Age Discrimination In Voting At Home (Coalition of Voting Rights Organizations 2020) Lowering the Voting Age from the Ground Up: The United States’ Experience in Allowing 16-YearOlds to Vote, in Lowering the Voting Age to 16 – Learning from Real Experiences Worldwide (Palgrave Macmillan 2020).

ARTICLES The Loch Ness Monster, Haggis, and a Lower Voting Age: What America Can Learn from Scotland, 69 Am. U. L. Rev. 1433 (2020).

Congress Must Count the Votes: The Danger of Not Including a State’s Electoral College Votes During a Disputed Presidential Election, 81 Ohio St. L.J Online 183 (2020).

Christopher W. Frost

Everett H. Metcalf, Jr. Professor of Law ARTICLES Pragmatism vs. Principle: Bankruptcy Appeals and Equitable Mootness, 15 NYU J. L. & Bus. 477 (2019).

Gouging (But Were Afraid to Ask): A Response to Ramsi Woodcock, The Efficient Queue and the Case Against Dynamic Pricing, IOWA L. REV. (forthcoming 2020).

The Deadweight Loss of Law Review, Disparity L.J. (forthcoming 2021).

Conceptual Copyright, S. D. L. Rev. (forthcoming 2021).

A License to Plagiarize, U. Ark. Little Rock L. Rev. (forthcoming 2020).

Literary Landlords in Plaguetime, NYU J. IP & Ent. L (forthcoming 2021).

A Textualist Interpretation of the Visual Artists Rights Act of 1990, 19 Colo. Tech. L.J. (forthcoming 2020).

The Sieve and the Sand, Review of Who Owns the News?: A History of Copyright by Will Slauter, New Rambler Rev. (forthcoming).

Secured Credit and Effective Entity Priority, 51 Conn. L. Rev. 420 (2019).

Buribunkean Copyright: The Compulsion to Record, Griffith L. Rev. (forthcoming) (with Barrett Block).

Brian L. Frye

Art Law & the Law of the Horse, Neb. L. Rev. F. (forthcoming 2021).

Spears-Gilbert Professor of Law BOOK CHAPTERS Commentary on White v. Samsung, in Feminist Judgements: Rewritten Property Opinions (Eloisa C. Rodriguez-Dod & Elena Maria Marty-Nelson eds., Cambridge University Press) (forthcoming 2021).

The Illusory “Public Trust” in Art, in Deaccessioning in a Post-Pandemic World (Stefanie Jandl, Mark Gold, & Julia Courtney eds., MuseumsEtc, forthcoming 2021).

The Stolen Poem of St. Moling: The Concept of Literary Ownership in Medieval Ireland, in Forgotten Intellectual Property Lore (Shubha Ghosh ed., Edward Elgar 2020).

University Technology Transfer & the Public Good, in Research Handbook on Intellectual Property and Technology Transfer 236 (Jacob Rooksby ed., Edward Elgar 2019) (with Christopher J. Ryan).

ARTICLES Court Packing Is a Chimera, CARDOZO L. REV. (forthcoming 2020).

Everything You Always Wanted to Know About Price

The Right to Unmarry: A Proposal, Clev. St. L. Rev. (forthcoming 2020) (with Maybell Romero).

SEC No-Action Letter Request, Creighton L. Rev. (forthcoming 2020).

In re Patentability of the Peltzer Inventions, 11 Case W. Res. J. L. Tech. & the Internet 111 (2020).

Patents & Legal Expenditures, 51 U. Pac. L. Rev. 577 (2020) (with Christopher J. Ryan).

Plagiarize This Paper, 60 IDEA 294 (2020).

Against Deaccessioning Rules, 53 Creighton L. Rev. 461 (2020).

The 2019 Revealed-Preferences Ranking of Law Schools, 7 Belmont L. Rev. 86 (2019) (with Christopher J. Ryan).

The Visible Hand?, 36 Yale J. on Reg.: Notice & Comment (Oct. 8, 2019).

Art in the Age of Contractual Negotiation, 107 Ky. L.J. 547 (2019) (with Christopher G. Bradley).

The Ballad of Harry James Tompkins, 52 Akron L. Rev. 355 (2019).

My House, My Rules: A Brief History of the Third Amendment, I Taught the Law, June 6, 2020.

Combating Internet Trolls: The Right of Publicity and Section 230, 13(1) Landslide Mag. (2020) (with Jess Miers).

Jane Grisé

H. Wendell Cherry Associate Professor of Law/ Associate Professor of Legal Writing in the Clinical Title Series

Melissa N. Henke

Robert G. Lawson & William H. Fortune Associate Professor of Law and Director of Legal Research and Writing ARTICLES Melissa N. Henke, When Your Plate is Already Full: Efficient and Meaningful Outcomes Assessment for Busy Law Schools, 71 MERCER L. REV. 529 (Winter 2020).

Melissa N. Henke, Explain It To Me: Tips for Effective Rule Explanation in Legal Analysis, Kentucky Bar Association Bench & Bar Magazine, Nov./Dec. 2019.

Cortney E. Lollar

James and Mary Lassiter Associate Professor of Law

BOOKS FEDERAL COURTS AND CIVIL RIGHTS: JUIDICE V. VAIL (Twelve Tables Press forthcoming 2020) (with Michelle C. Grisé).

BOOKS EVIDENCE: TEACHING MATERIALS FOR AN AGE OF SCIENCE AND STATUTES (8th ed. supp. 2020) (with Ronald Carlson, Edward Imwinkelried & Julie Seaman).

BOOK CHAPTERS Improved Comprehension with Visual Images, in Lawyering Skills in the Doctrinal Classroom (Carolina Academic Press forthcoming 2020).

BOOK CHAPTERS Rewritten McQuirter v. State Opinion, in Feminist Judgments: Criminal Law (forthcoming 2021).

ARTICLES Effective Legal Writing: Clear Writing is Persuasive Writing. 84(3) KBA Bench & Bar 36 (2020).

ARTICLES Invoking Criminal Equity’s Roots, 107 Va. L. Rev. (forthcoming 2021).

Kristin J. Hazelwood

Eliminating the Criminal Debt Exception to Debtors’ Prisons, 98 N. C. L. Rev. 427 (2020).

Spears-Gilbert Associate Professor of Law ARTICLES Listening to Podcasts to Learn Effective Storytelling Techniques, 83(3) KBA Bench & Bar 32 (2019).

Pipelines, Electrical Transmission Lines, and Little Pink Houses: Do Any Limits on “Public Use” Remain in Eminent Domain Law?, 25 Geo. Mason L. Rev. 711 (2018).

Michael P. Healy

Charles S. Cassis Professor of Law BOOKS Administrative Law, 2019 Casebook Update (4th edition 2017) (with John M. Rogers, Ronald J. Krotoszynski, Jr., & Kent H. Barnett).

ARTICLES “The Claims and Limits of Justice Scalia’s Textualism: Lessons from his Statutory Standing Decisions,” 40 Cardozo L. Rev. 2861 (2019).

Reviving Criminal Equity, 71 Ala. L. Rev. 311 (2019).

Kathryn L. Moore

Stites & Harbison Professor of Law BOOKS Understanding Employee Benefits Law (Carolina Academic Press 2d ed. 2020).

ARTICLES State Automatic Enrollment IRAs after the Trump Election: Are They Preempted by ERISA?, 27 Elder L.J. 51 (2019).

Why is There So Much Pre-Retirement Liquidity in the U.S. Pension System?, 2020 NYU Rev. Emp. Benefits and Exec. Comp. (forthcoming) (with John Turner).

Michael D. Murray

Assistant Professor of Legal Research and Writing BOOKS Legal Writing And Analysis (Foundation Press 3rd ed., forthcoming, 2021) (with Christy Hallam DeSanctis).

Advanced Legal Writing and Oral Advocacy: Trials, Appeals, and Moot Court (Foundation Press 3rd ed. forthcoming, 2021) (with Christy Hallam DeSanctis).

Art Law in a Nutshell (West 6th ed., forthcoming, 2021) (with Leonard D. DuBoff & Christy A. King).

ARTICLES Diagrammatics and the Proactive Visualization of Legal Information, 43 U. Ark. Little Rock L. Rev. (forthcoming 2021).

Cartoon Contracts and the Proactive Visualization of Law, 16 U. Mass. L. Rev. (forthcoming 2020).

Mise en Scène and the Decisive Moment of Visual Legal Rhetoric, 68 U. Kan. L. Rev. 241 (2019).

Michael D. Murray, Would you ever write a cartoon contract?, 84(6) KBA Bench and Bar ___ (forthcoming, 2020)

Robert G. Schwemm Professor Emeritus

BOOKS Housing Discrimination: Law and Litigation: 2020 Update (Thomson West).

BOOK CHAPTERS The Community-Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights, in The Dream Revisited: Contemporary Debates About Housing, Segregation, and Opportunity 338-41 (Ingrid Ellen & Justin Steil eds., 2019).

ARTICLES Source-of-Income Discrimination and the Fair Housing Act, 70 Case W. Res. U. L. Rev. 573 (2020).

Reflections on “Moving Toward Integration” and Modern Exclusionary-Zoning Cases Under the Fair Housing Act, 70 Case W. Res. U. L. Rev. 691 (2020).

State and Local Laws Banning Source-of-Income Discrimination, 28 J. Affordable Hous. & Cmty. Dev. L. 373 (2019).

Fair Housing and the Causation Standard After Comcast, 66 VILLANOVA L. REV. No. 1 (forthcoming 2021).

Jonathan David Shaub Assistant Professor of Law

ARTICLES The Executive's Privilege, 70 Duke L.J. (forthcoming 2020).

Beau Steenken

Instructional Services Librarian & Associate Professor of Legal Research BOOKS Sources of American Law: An Introduction to Legal Research (4th ed. 2019) (with Tina M. Brooks).

ARTICLES Outlaws, Pirates, Judges: Judicial Activism as an Expression of Antiauthoritarianism in AngloAmerican Culture, 38 Quinnipiac L. Rev. 259 (2020).

Ramsi Woodcock

Assistant Professor of Law, Assistant Professor of Management, Gatton College of Business and Economics BOOK CHAPTERS Antitrust by Interior Means, in The Intersections Between Competition Law and Corporate Law and Finance (Cambridge Univ. Press forthcoming 2021).

ARTICLES The Hidden Rules of a Modest Antitrust, 105 Minn.

L. Rev. (forthcoming 2021).

The Antitrust Case for Consumer Primacy in Corporate Governance, 10 UC Irvine L. Rev. 1395 (2020).

The Efficient Queue and the Case against Dynamic Pricing, 105 Iowa L. Rev. 1759 (2020).

Toward a Per Se Rule against Price Gouging, CPI Antitrust Chronicle, September 2020, at 49.

Digital Monopoly without Regret, Concurrences, no. 1, 2020.

Personalized Pricing as Monopolization, 51 Conn. L. Rev. 311 (2019).

Advertising as Monopolization in the Information Age, CPI Antitrust Chronicle, April 2019, at 50.

2020 NEW FACULTY Alan J. Kluegel

Assistant Professor of Law Kluegel’s research interests include corporate law, the legal profession, and the empirical study of law. Kluegel received his B.A. in Sociology and English from the University of Illinois, his J.D. from Georgetown University, and his Ph.D. in Jurisprudence and Social Policy from the University of California, Berkeley. At Berkeley, he received the Outstanding Graduate Student Instructor award and the Daniel E. Koshland, Jr. Art of Teaching Writing Fellowship. Prior to joining the UK Rosenberg College of Law, Kluegel was a visiting assistant professor at the University of Illinois College of Law. In between his lengthy stints as a student, he practiced corporate law for Simpson Thacher & Bartlett LLP in New York and Gilbert LLP in Washington, D.C., and clerked for the Honorable Marianne O. Battani of the Eastern District of Michigan.

Jonathan David Shaub Assistant Professor of Law

Shaub’s research focuses on the Constitution’s separation of powers, presidential power, the role of the judiciary, and congressional oversight.

He joins UK Rosenberg Law after serving in both federal and state government. From 2014 to 2017, he worked as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he provided legal advice to the president and executive branch agencies and worked extensively on issues related to congressional oversight. Following that, he served as assistant solicitor general for the state of Tennessee.

Prior to his government service, Shaub also worked in the Supreme Court and Appellate litigation group at Hogan Lovells US LLP. Shaub earned his law degree from Northwestern Pritzker School of Law, where he served as Executive Articles Editor for the Northwestern University Law Review. After graduation, Shaub clerked for the Honorable Paul V. Niemeyer on the U.S. Court of Appeals for the Fourth Circuit and was selected as a Bristow Fellow by the U.S. Solicitor General’s Office. He received his B.A. from Vanderbilt University, where he earned double majors in philosophy and religious studies and had minor concentrations in both English and Astronomy.

University of Kentucky J. David Rosenberg College of Law 620 S. Limestone Lexington, KY 40506