Law Notes Online Fall 2018

online

LAW NOTES university of kentucky college of law

fa ll 2018

Lyman T. Johnson Awards pag e 4

CREDITS DEAN DAVID A. BRENNEN DIRECTOR OF MARKETING & COMMUNICATIONS MICHELE PEKOLA CONTRIBUTING WRITERS MICHELE PEKOLA LINDSEY PIERCY TATYANNA PRUITT

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DESIGN MICHELE PEKOLA PHOTOGRAPHY J.A. LAUB PHOTOGRAPHY SHAUN RING MICHELE PEKOLA ABOUT THIS NEWSLETTER Law Notes Online is published quarterly for the alumni, students, faculty, staff and friends of the University of Kentucky College of Law.

08 TABLE OF CONTENTS

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FACULTY IMPACT.

08 New and Visiting Faculty 09 Faculty Notes

13 Schwemm Expert on Fair Housing

STUDENT IMPACT.

ALUMNI IMPACT.

04 Lyman T. Johnson Awards Presented

14 Class Notes

05 SBA Hosts Mental Health Day

15 Alumni Events

06 Trivia Night Raises Funds

16 State Treasurer Ball Returns

07 Judicata 5K

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Law Notes Online UK College of Law 209 Law Building Lexington, KY 40506-0048

STATEMENT OF NONDISCRIMINATION

11 Faculty Awards 03 Message from the Dean

All correspondence should be directed to:

The University of Kentucky is committed to a policy of providing educational opportunities to all academically qualified students regardless of economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political belief, sex, sexual orientation, marital status, age, veteran status, or physical or mental disability. The University of Kentucky College of Law is a member of the Association of American Law Schools and is approved by the American Bar Association. © The University of Kentucky All Rights Reserved

MESSAGE FROM THE DEAN The academic year is off to a great start with an eager group of 151 diverse firstyear students joining the UK Law community. The class started off the year with Immersion Days activities to help introduce students to their professors, the campus community and their peers.

Additionally, UK Law provided an Introduction to Legal Reasoning orientation that was a great opportunity for new law students to prepare for their coursework.

Students have embraced this first semester with open minds, an eagerness to learn, and a true immersion in the law school community, as well as the responsibility to become emerging leaders.

We are proud of third-year student Christian Rice for being recognized as recipient of the Torch Bearer Award, and loyal alumnus T. Fitz Johnson, Esq. for being recognized as the Torch of Excellence recipient at this year's Lyman T. Johnson Awards Banquet during homecoming festivities. Both exemplify exceptional leadership and community service efforts at UK Law and beyond.

The Student Bar Association (SBA) recently held the first-ever entirely student-led Mental Health Day event for students. SBA gathered community experts and provided access to much-needed resources to support mental health needs. Also, in support of health and wellness within the law school community, the UK Law Wellness Initiative hosted their annual 5K. The UK Law Legal Clinic and SBA collaboratively hosted the very popular Trivia Night event and raised funds for the UK Law Legal Clinic.

Our world-class faculty continues to produce expert scholarship and excel in their fields. Congratulations to Professor Mary Davis, named Ashland-Spears Distinguished Professor of Law, and Professor Sarah Welling, who was awarded the Duncan Teaching Award. Professor Robert Schwemm was recognized as a national expert in the area of Fair Housing at a conference this fall celebrating the 50th Anniversary of the Fair Housing Act.

Our strong alumni continue to be a great support to the College of Law. Many reunited with classmates, faculty, friends and family at the various alumni events that took place this fall such as the 3L & Alumni Bash, Reunion Weekend, Homecoming Tailgate and Lawson & Lafferty Society Reception. We were also honored to welcome alumna State Treasurer Allison Ball on campus, as she met with students and engaged in meaningful conversation.

I hope this newsletter finds you and your loved ones well, and I wish you a warm and joyful holiday season!

All rise!

David A. Brennen

Dean and Professor of Law

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STUDENT IMPACT. Operation/BLSA Event, Lexington Roots and Heritage Festival, Habitat for Humanity, American Foundation for Suicide Prevention Out of the Darkness Campus Walk, and Boys and Girls Club Mentor.

“Fitz Johnson is selected by UK College of Law as recipient of the Lyman T. Johnson Torch of Excellence Award for his continued community service, professional accomplishments and vast leadership roles that positively impact a diverse group of people,” said Dean Brennen.

(Pictured L to R: Lee A. Jackson, President of the Lyman T. Johnson Alumni Group, Dr. Sonja FeistPrice, VP of Institutional Diversity, President Eli Capilouto, Christian Rice and Daniel Murphy, Assistant Dean of Community Engagement and Diversity.)

Christian Rice, a third-year law student at UK College of Law, and T. Fitz Johnson, Esq., a UK Law alumnus, were honored with the Torch Bearer and Torch of Excellence Awards at the Lyman T. Johnson Awards Banquet during October in the Woodford Reserve Room at Kroger Field. The event, hosted annually by the Lyman T. Johnson African American Alumni Constituent Group, recognizes deserving African American alumni, faculty, staff and students who exemplify the passion and courage exhibited by Lyman T. Johnson as he led the racial desegregation efforts at UK more than 60 years ago.

“Christian Rice is selected by UK College of Law as recipient of the Lyman T. Johnson Torch Bearer Award because of her exemplary passion to serve a diverse group of individuals through her commitment to the law school community, the community at large, and to her fellow students,” said UK Law Dean David A. Brennen. “She represents a standard by which the College of Law strives for all students to reach their personal best.” She is a Provost Scholarship recipient at UK Law, has actively served the legal community, participated in multiple leadership roles, represented a diverse pool of students, and volunteered her time while at UK Law. Rice has interned for the Fayette Circuit Court Fourth Division, provided pro bono legal services in Eastern Kentucky as part of an alternative spring break initiative, competed in the Thurgood Marshall Mock Trial Competition at the National Black Law Students Association Conference, and served as president of the Black Law Student Association. She has further served as the Education Chair of the UK Trial Advocacy Board and as Student Admission Ambassador. While she has volunteered with numerous organizations, a few to highlight include: First African Baptist Church Expungement Clinic, UK’s Wildcats for H.O.M.E.S. Thanksgiving Dinners, Samaritans Purse Christmas

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Johnson is the Owner/CEO of ASID Group International, LLC and Executive Director of Cumberland Community Church in Atlanta. He is a former Student Bar Association President at UK Law, and serves on UK Law’s Visiting Committee. As a law student, Johnson led initiatives on campus to improve student areas of the law building and enhance the engagement of law students and the larger student community. He increased community service efforts within the law school community as well.

Today, he serves on the Visiting Committee at UK Law. His professional accomplishments include being a former owner of The Atlanta Beat, bringing women’s professional soccer back to Georgia. Johnson played a key role in funding and building a much-needed stadium to benefit Kennesaw State University’s football team and a women’s professional soccer team as well as serving as a concert and event venue. Additionally, Johnson retired in 2002 as a Major in the U.S. Army.

Johnson is highly involved in the Atlanta area community, where he currently serves on the System Board of Trustees for WellStar Health System and the Foundation Board of Trustees at Kennesaw State University. He serves on the Board of Directors for the Cobb Chamber of Commerce, was named 2015 Citizen of the Year by Omega Psi Phi, Inc. at Kennesaw State University, and is a preschool teacher at Cumberland Community Church.

Past UK Law honorees of these prestigious awards include Judge Gary Payne (1999), Jesse Crenshaw (2004), Ollen B. Hinnant (2010), Angela Edwards (2013), John McNeill (2014), Ismaila Ceesay (2016), Melynda Price (2016), Christopher Lewis (2017) and Daniel P. Murphy, Jr. (2017).

The Lyman T. Johnson Awards Banquet is a longstanding tradition at the University of Kentucky. It was created more than 30 years ago by the UK Black Student Union to honor the hard work, strong leadership and amazing achievements of the minority students on UK’s campus who may otherwise go unrecognized.

UK Law Student Bar Association Hosts Mental Health Day Event for Students

The Student Bar Association (SBA) hosted the first entirely student-led Mental Health Day event at UK Law last month, bringing together students and key resources to enhance and support mental health. This initiative featured guest speakers and multiple vendors from the community who shared information regarding valuable resources available to students.

“The law school has brought awareness to mental health in the past,” said Carlin Conway, a third-year law student and vice president of SBA, who spearheaded this effort, “but (has) never hosted a student-led event of this magnitude.” He said he wanted to organize and implement this event because mental health support is not talked about enough. In his initiative to get this event started, Carlin pulled together SBA’s executive board, David Wright, Assistant Dean of Students at UK Law, and Jane Grise, Director of Academic Enhancement and Assistant Professor of Legal Research and Writing.

“The students brought in a broad range of resources from the Lexington community. They had businesses and entities ranging from healthy eating to fitness, relaxation and mindfulness centers, to mental health treatment,” said Dean Wright. “We know individual health and wellness can be impacted by awareness of and access to these resources, so SBA

really did a great job bringing in resources from a broad spectrum.”

Yvette Hourigan, Executive Director of Kentucky Lawyers Assistance Program (KYLAP) and graduate of UK Law, spoke about the services that KYLAP has to offer to address mental health issues and substance abuse among lawyers and law students. Cristina Keith, a local attorney, spoke about her personal journey in law. Both speakers talked passionately about how important it is to take care of your mental health while in law school, recommended ways to do so, and stressed that it is okay to seek help. Kyle Burnell, third-year law student and SBA President, spoke about the need for students to take care of themselves and to reach out for help when appropriate.

“The students were very engaged,” according to Professor Grise. She indicated that the room was at capacity for this informative presentation by the speakers.

“The turnout and support surpassed my expectations. Students and professors messaged me after the event saying how much they enjoyed and appreciated it,” said Conway.

The event included many local resources from the community: Breathe, Core Life Eatery, Healthy Way Lex, Kentucky Lawyer Assistant Program (KYLAP), Kentucky One Health, Lexington Coun-

seling & Psychiatry, Mind Body Studio, Mind Over Body, Orange Theory Fitness, Rest Assured Massage and Spa, The Yoga Meditation and Therapy Center, UK Campus Wellness, UK Counseling Center and UK Wellness Initiative.

“The vendors provided fantastic resources related to mental health and overall wellness,” said Conway. “(They) were happy to be a part of this event and expressed interest in being contacted for future events.”

“SBA deserves a lot of credit for leading the Mental Health Day program. This is just part of their increased efforts to build a positive community within the College, but it is such an important part, and I know their efforts to promote student wellbeing will continue to grow,” said Dean Wright.

“I wanted this to be an event that law students could come to with their friends and classmates and get the resources to help if they needed it without feeling stigmatized. My goal was to send a message to anyone who may be suffering and let them know they are not alone, and help is out there. I feel that we have accomplished that,” said Conway.

This student-led event at UK Law was funded by a grant from the American Bar Association Law Student Division.

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TRIVIA NIGHT RAISES FUNDS FOR UK LEGAL CLINIC

The tradition of Trivia Night continues in full swing thanks to the collaborative effort of the UK Law Legal Clinic and Student Bar Association (SBA). This year, 34 teams rose to the occasion at Campus Pub to raise funds for the UK Legal Clinic by competing in a fun evening of putting their knowledge of law and popular culture to the test.

“The atmosphere is a lot of fun,” said Faith Gingrich-Goetz, Certified Legal Intern, Secretary of SBA and event co-organizer. “Every year it has been pretty jam packed; it's a good mix of law students, law professors, and staff at different tables.”

Over 160 members of the UK Law Community came out to answer questions covering various categories, which included: Legal TV Shows, Kentucky History, Famous Kentuckians, Supreme Court Fun Facts, Fictional Lawyers, Pictionary (Identify snapshots of real and fictional lawyers), Law in Theatre, UK Sports, Kentucky Literature, Science and Legal Movies. The teams of five can only have one UK Law faculty or staff member.

This year, Trivia Night raised $ 1,232, with all proceeds going to the UK Law Legal Clinic. The funds help cover general expenses, such as filing fees, and provide Thanksgiving meals for clients and their families. The clients served by the Clinic are people who cannot afford legal services. The Legal Clinic han-

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dles various civil matters for indigent clients, such as adoptions, name changes, divorces, wills, trusts, contracts, and landlord/ tenant matters. Professor Allison Connelly has directed the Legal Clinic since it opened in 1997. This year, Professor Connelly hosted Trivia Night for the first time.

“My favorite moment was Professor Connelly hosting it this year because she has such an amazing energy and is really universally loved within the law school. It was a lot of fun having her take the lead,” said Gingrich-Goetz.

The Clinic helps provide real-world experience for third-year law students and gives them an opportunity to participate in the actual practice of law. Students have the unique opportunity to advise, counsel and represent clients on a variety of civil legal matters, according to Gingrich-Goetz.

The Legal Clinic allows students to integrate their knowledge of substantive and procedural law with practice skills, including issue identification , legal analysis, legal research, interviewing, investigation, counseling, negotiation, drafting, case planning and management, and the recognition and resolution of ethical problems.

UK Law Wellness Initiative Hosts Third Annual 5K

Despite a rainy, windy start, the annual Judicata 5K brought the UK law community together for what turned out to be a gorgeous fall day in Lexington, Kentucky. The third annual event took place October 28 at Wellington Park, with 35 people and eight dogs running to the finish line.

“Wellness Initiative really wants to promote the overall health and wellbeing of the students at UK Law, and a casual Sunday afternoon 5K with dogs is a perfect way to do it,” said Drew Baldwin, event organizer and co-president of UK Law Wellness Initiative. “I think it's really important for law students and faculty to take a break from the busyness of law school life.”

While this was a relaxed, social event bringing awareness to and promoting a healthy law school community, participants competed for several awards. Award winners at the Judicata 5K were: Aaron Oppegard, 1st Place Overall Paul Sime, 2nd Place Overall Fletcher Lyon, 3rd Place Overall Fletcher Lyon, Fastest Male 1L N/A , Fastest Female 1L Aaron Oppegard, Fastest Male 2L Alex Henning, Fastest Female 2L Kyle Bunnell, Fastest Male 3L Stephanie Renzelman, Fastest Female 3L Joshua Douglas, Fastest Male Faculty Member Jane Grise, Fastest Female Faculty Member Zachary Losey and his dog Tonks, Fastest Runner with a Dog “I thought the race went really well,” said Baldwin. “It seemed like everyone had a good time and enjoyed themselves.”

Wellness Initiative is led by co-presidents Drew Baldwin and Meagan Pickett. Additional officers include Nicole Pottinger, Christina Romano and Meredith Cave. Professor Jane Grise serves as faculty advisor.

The organization will host the Dean’s Challenge this Spring, which is another event promoting health and wellness at UK Law. FALL 2018

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FACULTY IMPACT.

UK Law Welcomes New and Visiting Professors

Murray

Woodcock

Beety

Michael D. Murray is appointed Assistant Professor of Legal Research and Writing. He served as a visiting professor at UK Law during the 2016-17 academic year. Professor Murray has taught at the University of Michigan, the University of Illinois, Saint Louis University, University of Massachusetts and Valparaiso University as well as internationally in Florence, Italy, and Cambridge, United Kingdom.

Professor Murray has published 27 books and numerous law review articles on advocacy, legal research and writing, rhetoric, copyright, art law, right of publicity, and other topics.

Ramsi Woodcock is appointed Assistant Professor of Law and is an expert on antitrust law, economics and policy. His work has focused on the adaptation of antitrust’s consumer welfare standard to account for technological advances in personalized pricing, dynamic pricing, and advertising. Prior to joining the faculty at UK Law, he held appointments in the College of Business and the College of Law at Georgia State University, where he taught Antitrust Law. He is secondarily appointed in UK’s Gatton College of Business & Economics.

Valena E. Beety joins UK Law as a Visiting Professor of Law for the Fall 2018 Semester, teaching Criminal Law and a Criminal Law and Procedure seminar. Her scholarship and teaching interests include criminal procedure, causes of wrongful conviction, prisons, and policing. She

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UK LAW NOTES ONLINE

Choudhury

Valentin

is a Professor of Law at the University of West Virginia College of Law, where she also serves as Director of the West Virginia Innocence Project. Professor Beety is creator, and served as the inaugural director, of WVU’s LLM program in Forensic Justice.

Cyra A. Choudhury joins UK Law as a Visiting Professor of Law for the full academic year, and teaches Contracts I and II, Family Law, and a seminar in Islamic Law. Her expertise is in international and comparative family law; gender and postcolonial theory; subjectivity and legal theory; and international labor law and labor migration.

Professor Choudhury is a Professor of Law at Florida International University College of Law, where she has been on the faculty since 2007.

Ryan A. Valentin returns to UK Law as a visiting faculty member to teach legal research to first-year law students.

He served on UK Law’s faculty from 2008 - 2016. Before his first stay at UK law, he clerked for Judge Douglas S. Mitchell of the Lane County Circuit Court in Eugene, Oregon, and practiced law in Florida. Professor Valentin earned a JD from the University of Oregon in 2004 and an MLIS from Florida State University in 2007.

FACULTY NOTES

Richard C. Ausness

Scott R. Bauries

Richard Ausness recently published Sailing Under False Colors: The Continuing Presence of Negligence Principles in “Strict” Products Liability Law in 43 U. Dayton L. Rev. 265 (2018) and My Response to Beyer and Bove in 43 ACTEC L.J. 447 (2018). In addition, Professor Ausness was quoted in DOPESICK: DEALERS, DOCTORS, AND THE Drug COMPANIES THAT ADDICTED AMERICA (2018), and was also cited by the Delaware Supreme Court in Ramcey v. Georgia Southern University Advanced Development Center. Finally, Professor Ausness appeared on a panel at the SEALS Conference in August and he has also been invited to speak at symposium sponsored by the University of South Carolina College of Law in February, 2019.

Scott Bauries was Appointed Associate Dean of Faculty Research in July 2018.

He has three forthcoming articles: Neoformalist Constitutional Construction and Public Employee Speech, forthcoming in 2019 in the University of Pennsylvania Journal of Constitutional Law; Perversity as Rationality in Teacher Evaluation, forthcoming in 2019 in the Arkansas Law Review; and Pauley at 50 and Rose at 30: Searching for the Next Wave in School Funding Litigation, forthcoming in 2019 in the West Virginia Law Review. The latter two articles are part of education law symposia in Fall 2018 and Spring 2019 in which he will serve as a panelist. Professor Bauries is also working on the Second Edition of his Civil Procedure casebook, CIVIL PROCEDURE: A CONTEXT AND

Jennifer Bird-Pollan

Mary Davis

PRACTICE CASEBOOK, co-authored with Gerald Hess and Teresa Beiner, and to be published in 2019.

Jennifer Bird-Pollan started as Senate Council Chair in June. She spoke at SEALS 2018 in Ft. Lauderdale, Florida, in August, and spoke to NPR Marketplace earlier this month. She presented at an Ethics and Taxation Conference last month. Professor Bird-Pollan has been invited to the Philosophy of Inheritance Conference in Braunschweig, Germany in February 2019, and has been invited to be plenary speaker at Ohio Northern Law School Conference in March 2019.

Mary Davis was selected as the Ashland-Spears Distinguished Research Professor of Law for 2018-2023. She was interviewed by Bloomberg Law, Products Liability and Toxics Law News, on a recent pharmaceutical preemption decision by the Court of Appeals for the Seventh Circuit. Professor Davis completed the Case and Statutory Supplement for Owen and Davis, Products Liability and Safety: Cases and Materials (7th ed. 2015). She also completed work on an article on pharmaceutical liability, which is under publication consideration.

Joshua A. Douglas

you register to vote, Washington Post, September 18, 2018 (with Adam Eichen), and Why are these elected officials so afraid of the voters?, CNN, August 9, 2018. His media appearances include: Election Laws and Voting Rights, KET, August 27, 2018; Stolen Elections, Voting Dogs And Other Fantastic Fables From The GOP Voter Fraud Mythology, Talking Points Memo, August 16, 2018; Kentucky Voter Purge Consent Decree, WLVK – 590 am, August 1, 2018; Fact-checking Donald Trump’s rally in Tampa with Ron DeSantis, Politifact, July 31, 2018; Donald Trump says collusion is not a crime. That’s not right., Politifact, July 31, 2018; Alabama Expanding Voter Fraud Probe In Black Belt, AL.com, July 28, 2018; Trump Says ‘Too Bad’ After Cohen Audio Recording Released, Reuters, July 25, 2018; Lowering the Voting Age, Brian and Lee Show, WWDB 860 AM (Philadelphia), July 21, 2018; Lawyer Cohen taped Trump discussing Playboy model payment, Reuters, July 20, 2018; Noncitizens in San Francisco can register to vote, but only for school board elections, CNN, July 20, 2018; Voting Rights, Stand up with Pete Dominick, SiriusXM Insight 121, July 2, 2018.

Josh Douglas’s forthcoming co-authored article in the Georgetown Law Journal was cited in Lavergne v. U.S. House of Rep., 2018 WL 4286404 (D.D.C. Sept. 6, 2018) (three-judge court). His op-eds include: Here’s how newspapers could help FALL 2018

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FACULTY NOTES

Brian L. Frye

Brian Frye’s book Copyright (CALI) is forthcoming in 2019. His recent media articles & mentions include: https://thehill.com/opinion/immigration/369702its-hard-out-there-for-an-immigrantlemon-lawyers-make-it-harder; https:// abovethelaw.com/2018/08/inventionof-a-slave/; https://paleofuture.gizmodo. com/the-story-of-the-american-inventor-denied-a-patent-beca-1828329907; https://abovethelaw.com/2017/12/whatare-the-most-underrated-law-schools/; https://abovethelaw.com/2017/03/aninteresting-new-set-of-law-school-rankings/; https://www.artsy.net/article/artsy-editorial-museums-sell-art-money-go; https://www.thefashionlaw.com/home/ the-versace-crime-story-was-not-authorized-but-is-it-legal.

Professor Frye’s recent presentations include: The Ballad of Harry James Tompkins, Cleveland-Marshall College of Law, September 17, 2018; The Ballad of Harry James Tompkins, Erie at Eighty: Choice of Law Across the Disciplines Conference, University of Akron School of Law, Constitutional Law Center, September 14, 2018; Watergate & the Historiography of the Presidency, Southern Illinois University School of Law, September 4, 2018; Liberation Innovation: Antebellum African-American Intellectual Property, University of Louisville College of Law, August 28, 2018; Killing Time: Motion Picture Evidence & Capital Punishment, Visible Evidence, Indiana University, August 10, 2018.

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Jane Grisé

Melissa N. Henke

Diane B. Kraft

Jane Grise gave a presentation at the AASE 2018 Conference: Critical Reading Strategies for Bar Exam Success.

Professor Grise also wrote an article for Kentucky Bench and Bar: Good Critical Reading Strategies Can Improve Legal Writing. Additionally, she and Professor Melissa Henke presented at the Legal Writing Institute’s 18th Biennial Conference in July. The topic of their presentation was Using Visual, Digital, and Oral Communication Skills in the Legal Writing Classroom.

Melissa Henke and Professor Kristin Hazelwood presented on “Legal Writing and Legal Ethics” during the UK CLE’s Health Law Institute in September.

Professor Henke and Professor Grise presented at the Legal Writing Institute’s 18th Biennial Conference in July. The topic of their presentation was Using Visual, Digital, and Oral Communication Skills in the Legal Writing Classroom.

Diane Kraft was a co-panelist at the 2018 Biennial Legal Writing Institute Conference in July, for a presentation on Incorporating Ideas from Applied Linguistics and English Education into the Legal Writing Classroom. Professor Kraft was also a presenter at the LWI Practitioner CLE program that preceded the conference. Her article Language Changes, but Should Legal Writing Change With It was published in the Effective Legal Writing Column of the November 2017 issue of the Kentucky Bench & Bar Magazine.

Ramsi Woodcock

Ramsi Woodcock presented a paper, Per Se in Itself: How Bans Reduce Error in Antitrust, at the 35th Annual Meeting of the European Association of Law and Economics, at the University of Milano-Bicocca, Italy, and discussed his working paper, The Efficient Queue and the Case against Dynamic Pricing, on Professor Brian Frye’s new podcast, Ipse Dixit, in September. His Op-Ed, Advertising is Obsolete -- Here’s Why It’s Time to End It, which is based on work that appeared in The Yale Law Journal in June, was published in The Conversation and discussed in a popular Bloomberg column, Money Stuff, in August. Professor Woodcock's scholarly articles, The Antitrust Duty to Charge Low Prices and Innovation and Reverse Payments, appeared in the Cardozo Law Review and the Florida State University Law Review, respectively, and his blog post “Ohio v. Amex, Supply Chain Fairness, and the Inadequacy of Antitrust’s Consumer Welfare Standard,” appeared in Pro-Market: The Blog of the Stigler Center at The University of Chicago Booth School of Business, all in July.

Professor Davis Awarded the Ashland-Spears Distinguished Research Professor of Law LIABILITY (4th ed. 2014, West Publishing) and the widely adopted law school textbook Products Liability and Safety: Cases and Materials (7th ed. 2015) (including the annual case supplement and Teacher's Manual). Her articles have been cited in over 400 scholarly works by scholars from schools such as Harvard, New York University, Georgetown, and Vanderbilt.

She has also been published in multiple law reviews.

Most notably, her article on federal preemption of state tort law was cited by the US Supreme Court in Wyeth v. Levine, 555 U.S. 555 (2009), a seminal case on preemption in cases involving pharmaceutical liability. That article, Unmasking the Presumption in Favor of Preemption, 53 S.C.L.Rev. 957 (2002), has been cited in more than 100 scholarly articles, and dozens of appellate briefs and other secondary sources.

She has held countless academic and administrative positions.

Professor Davis was elected by the faculty to the Dean’s Advisory Executive committee more than ten times, was the Associate Dean of Administration and Faculty Development, and the Associate Dean for Academic Affairs. She has been the visiting Professor of Law at four different Universities: William and Mary Marshall-Wythe School of Law, Wake Forest University School of Law, Boston College School of Law, and the University of Texas School of Law.

Mary J. Davis is an Ashland-Spears Distinguished Research Professor of Law, and one of the leading national scholars in the field of products liability. Her earliest article, written in 1992, continues to be cited today on the topic of design defect liability, one of the most complex areas in the field.

“This Professorship is one of the College of Law’s most distinguished professorships and is given to a current law professor who excels in research,” said David A. Brennen, Dean of UK College of Law. According to one of the members of the selection committee, “Professor Davis’ 27-year history of excellence in research productivity and impact on the field of law is unquestioned. She has produced a body of scholarship that is widely cited in casebooks, journals, and even by the United States Supreme Court. She has been recognized as an expert in product Liability.

She is perceived by her colleagues as being an agent of change.”

The selection committee consisted of UK Fine Arts Dean Mark Shanda, Kentucky Chief Justice John Minton and Eastern District of Kentucky Chief Judge Karen Caldwell.

Professor Davis is the co-author on the leading treatise in the field of product liability, OWEN AND DAVIS ON PRODUCTS

In addition to demonstrated leadership in her field, Professor Davis holds active membership in prominent legal societies.

She is a member of the American Law Institute (ALI), the leading American learned legal society of lawyers, professors and judges. She currently serves on the Executive Committee of the Torts and Compensation System Section, Association of American Law Schools, and the American Bar Foundation.

Her awards include the University of Kentucky College of Law Outstanding Teacher and the University of Kentucky's Distinguished Teacher Award. She was nominated for the Sarah Bennett Holmes Award for Service to Women at UK. Davis graduated from the University of Virginia with a B.A. in History in 1979, and a Juris Doctor degree from Wake Forest University School of Law in 1985. She became a part of UK's faculty in 1991.

The Ashland Inc. – Spears Distinguished Research Professorship is a premier, five-year appointment awarded to recognize achievement in scholarship by full professors at the University of Kentucky College of Law. Selection is based upon history of excellence in scholarly achievement and promise of excellence in scholarly achievement during the term of the Professorship.

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Professor Welling Receives Duncan Teaching Award According to her students, Professor Welling's classroom teaching is top notch. Her students enjoy engaging with her, both inside and outside the classroom. They describe her teaching as enjoyable and interesting. She is often described as "knowledgeable," "enthusiastic" and "humorous" in class.

One student said, "I really liked that she drew on the board a lot - drew charts, demonstrations, links between theories.

Welling's enthusiasm for the material was contagious."

Professor Welling has also supported students outside of the classroom. She regularly advises and assists students trying to obtain judicial clerkships, as well as supports initiatives of the Women's Law Caucus.

“Professor Welling is meaningfully engaged in the academic welfare of her students,” said David A. Brennen, Dean of UK Law. Professor Welling’s primary research interest is federal criminal law, particularly money laundering. She has spoken on federal criminal law matters in Poland, Croatia, the Czech Republic, Hong Kong and Guangzhou, China. She has consulted with Congress and the CIA regarding money laundering and has served as a team leader in the RAND exercise and has been quoted in the New York Times.

Sarah N. Welling, William L. Matthews, Jr. Professor of Law, is the recipient of the 2018 Duncan Teaching Award at the University of Kentucky College of Law. Every year, a UK Law faculty member is recognized for excellence in the classroom, courtesy of the Robert M. and Joanne K. Duncan Faculty Improvement Fund, which was established in 1982 to promote outstanding teaching performance at the college. Recipients are selected by the Dean of the College of Law, with emphasis placed on student evaluations.

Professor Welling, also an Ashland-Spears Distinguished Research Professor of Law at UK Law, teaches a variety of criminal law courses, including Basic Criminal Law, Federal Criminal Law, and a Criminal Procedure and Criminal Law Seminar.

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Her most recent books are Wright & Welling, Federal Practice and Procedure (formerly known as Wright & Miller), Volumes 3 and 3A (Thomson West, 4th Ed. 2011) (updated 2018) covering Federal Rules of Criminal Procedure 31-42. In 2011, the Supreme Court cited the discussion of §2255 habeas corpus actions. Additionally, Professor Welling is the lead author of Federal Criminal Law and Related Actions: Crimes, RICO, Forfeiture and the False Claims Act, a two-volume treatise co-authored with Professors Sara Sun Beale (Duke University School of Law) and Pamela Bucy Pierson (University of Alabama School of Law), published by West Group in 1998.

Professor Welling was elected to the American Law Institute in 2008. She is active as a consultant for Model Penal CodeSentencing, Model Penal Code-Sexual Assault, and Principles of Government Ethics. She is a Fellow of the American Bar Foundation and has been the Reporter for the Sixth Circuit Pattern Criminal Jury Instructions since 1999.

UK Professor Schwemm Noted as National Expert on Fair Housing

BY LINDSEY PIERCY

As part of this year’s celebration of the Fair Housing Act’s 50th anniversary, a Chicago law school honored the work of Robert G. Schwemm, Everett H. Metcalf Jr. Professor in the College of Law at the University of Kentucky. The conference on “Melding Scholarship and Advocacy Under the Fair Housing Act,” held at the John Marshall Law School in September honored Professor Schwemm by exploring current issues that demonstrate the close connection between advocacy and scholarship.

The Fair Housing Act was enacted in 1968, just one week after the assassination of Martin Luther King Jr. The law, which banned discrimination based on race, color, religion and national origin — and since has been amended to add sex, disability and families with children — sought to eliminate private and public practices that had, for decades, confined African Americans to segregated neighborhoods.

"The years leading up to this law were every bit as traumatic as the divisive times we’re living in now,” Schwemm said. "The law has a tragic history, but it is a fitting tribute to Dr. King. Fair housing is now at the forefront of all civil rights issues."

Prior to becoming a professor, Schwemm practiced with Sidley and Austin in Washington, D.C., and then was chief trial counsel for the Leadership Council for Metropolitan Open Communities in Chicago, where he helped develop many of the investigative techniques and legal precedents that are widely used today.

Schwemm joined the UK College of Law in 1975, but he continued to work on appellate cases, including two in the U.S. Supreme Court, Village of Arlington Heights v. MHDC (1977) and Gladstone Realtors v. Village of Bellwood (1979).

The now-famous Arlington Heights case was a suit against a predominately white Chicago suburb that used its zoning powers to block a racially-mixed housing development. The Supreme Court ruled against the plaintiffs' constitutional claim, but they ultimately won in the lower courts based on the Fair Housing Act. "Recently, the Supreme Court referred to exclusionary zoning suits, like Arlington Heights, as being at the ‘heartland’ of Fair Housing Act litigation," Schwemm said.

Gladstone Realtors v. Village of Bellwood was another landmark case in which two realtors were accused of directing black homebuyers to Bellwood, Illinois, while encouraging white prospects to go elsewhere. The court ruled the Village of Bellwood and homeowners residing in a racially integrated area of the Village had standing to challenge the defendants’ racial steering practices under the Fair Housing Act.

"This was a crucial precedent in a Supreme Court case last year holding that the City of Miami, Florida, could sue mortgage lenders for providing inferior loans in that city’s minority neighborhoods."

At UK, Schwemm's research has focused primarily on housing discrimination. He's published 20 articles and three books on this topic, including the major treatise in the field, "Housing Discrimination: Law and Litigation." In 2013, the Department of Housing and Urban Development (HUD) relied on his work in adopting new regulations endorsing the use of the “discriminatory effect” standard under the Fair Housing Act. Two years later, the Supreme Court again cited Schwemm in upholding this standard.

Though it was passed five decades ago, the Fair Housing Act is ever-evolving. In March, Schwemm was quoted in a New York Times article for his expertise on discriminatory housing advertisements. The Fair Housing Act has always outlawed discriminatory ads, but in the early days, suits were aimed at newspapers.

Today, housing discrimination is playing out on the internet.

"Facebook, for example, knows so much about the race and other demographic information of its customers that its advertisers can target people based on this information, and thus an apartment complex or real estate development can cut out minorities from its Facebook ads," Schwemm continued. "Not only are such advertisers violating the law, but Facebook, itself, has recently been sued for this practice by both private groups and the U.S. government."

While some important work has been done with respect to non-racial issues in gender and disability cases, Schwemm believes the mission of the Fair Housing Act was always about race and still is today. "This law’s success or failure should be measured by how much it has reduced restrictions on racial minorities and undone our nation’s long-entrenched patterns of residential segregation."

At the Chicago conference, Schwemm gave the keynote address, with an important message in mind. “A key goal of the fair housing movement must be to convince people of all races and classes that they benefit from integrated housing and a non-discriminatory housing market. Our message must be, as Kentucky’s motto puts it, ‘United We Stand, Divided We Fall.’”

FALL 2018

13

ALUMNI IMPACT.

Brian Haara

Susan Kennedy

Cathy Altman

Guy R. Colson

W. Blaine Early, III

Matthew Ellison

William Francis

Anthony B. Gray

Taft McKinstry

Jennifer Moore

Lauren Armstrong Parsons

Alex Scutchfield

Richard Wehrle

Rachelle C. Williams

Jeff Woods

Stephanie M. Wordock

CLASS NOTES 2010s

Emily T. Cecconi (2018) is employed as an associate attorney with Diana L. Skaggs + Partners, PLLC, in Louisville practicing divorce and family law.

Andrea K.N. Williams (2018) is an associate attorney at Sturgill, Turner, Barker & Moloney, PLLC, practicing in the areas of business law, commercial litigation, civil litigation, and wills, trusts and estate law.

Michael J. LaCourse (2015) is an associate attorney at Sturgill, Turner, Barker & Moloney, PLLC, in the firm's Torts & Insurance and Business Law practice groups.

Peter J. Maskow (2011), of McGlinchey Stafford, was recognized in the 2018 edition of Florida Super Lawyers and the publication's "Rising Star" list.

2000s

Rachelle C. Williams (2001) was elected president of the Board of Directors for Providence Montessori School, Inc. Matthew D. Ellison (2000) of Fowler Bell PLLC, is listed in The Best Lawyers in America for 2019.

1990s

Jennifer A. Moore (1998), Grossman & Moore PLLC, has been appointed as CoLead Counsel in Onglyza Multi-District Litigation by Chief Judge Karen Caldwell of the U.S. District Court for the Eastern District of Kentucky (Lexington division).

Alex Scutchfield (1997) joined Reminder Co., LPA, Lexington office. He is a past president of the Fayette County Bar Association.

W. Blaine Early, III (1996) of Stites & Harbison, PLLC, was appointed as Chair of the Energy & Environment Council for a two-year term.

Lauren Armstrong Parsons (2008), Director of Marketing and Client Relations at Sturgill, Turner, Barker & Moloney, PLLC, has been selected to serve as Director of Outreach for the Legal Marketing Associations Southeast Region Board of Directors.

Brian Haara (1996), partner with Tachau Meet PLC, published his first Book, Bourbon Justine: How Whiskey Law Shaped America (Potomac 2018).

Stephanie M. Wurdock (2008) of Sturgill, Turner, Barker & Moloney, PLLC, has been appointed the Second Vice-Chair of the DRI Young Lawyers Committee for the 2018-19 term, effective Oct. 2018.

Cathy Altman (1995), a partner in the Dallas office of Carrington, Coleman, Sloman & Blumenthal, LLP, has been appointed to the Trinity River Authority Board of Directors

by Texas Governor Greg Abbott.

Anthony B. Gray (2007) joined Fogle Keller Walker, PLLC, as partner in its Lexington office.

Thomas E. Rutledge (1990) of Stoll Keenon Ogden PLLC, has been named 2018 recipient of the Martin I. Lubaroff Award by the American Bar Association's Section of Business Law LLCs, Partnerships and Unincorporated Entities Committee.

Kevin C. Brown (2001) has been named Jefferson County Public School District's General Counsel.

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UK LAW NOTES ONLINE

1980s

Susan S. Kennedy (1985) of Fowler Bell PLLC, is listed in The Best Lawyers in America for 2019.

Richard Wehrle (1983) of Stites & Harbison, PLLC, has been selected as a member of the Blue Grass Community Foundation Board of Directors.

1970s

Philip W. (Phil) Collier (1979) of Stites & Harbison, PLLC, has received Lawyer of the Year honors from The Best Lawyers in America.

Alex P. (Mike) Herrington, Jr. (1978) of Stites & Harbison, PLLC, has received Lawyer of the Year honors from The Best Lawyers in America.

Jeff A. Woods (1975) of Wyatt, Tarrant & Combs, LLO, has been appointed by Kentucky Governor Matt Bevin as a member of the Mine Safety Review Commission for a four-year term.

Guy R. Colson (1974) of Fowler Bell PLLC, is listed in The Best Lawyers in America for 2019. He is also listed in TOP 50 Lawyers in Kentucky.

W. Patrick (Pat) Stallard (1974) of Stites & Harbison, PLLC, has received Lawyer of the Year honors from The Best Lawyers in America.

William G. Francis (1973) of Fowler Bell PLLC, is listed in The Best Lawyers in America for 2019.

Taft McKinstry (1972) of Fowler Bell PLLC, is listed in The Best Lawyers in America for 2019. She is also listed in TOP 50 Lawyers in Kentucky.

Alumni Events 3L & Alumni Bash Class Reunions Keeneland Brunch Homecoming Tailgate Lawson Lafferty Reception

FALL 2018

15

UK Law Alumna State Treasurer Ball Returns to Speak with Law Students Allison Ball, 38th State Treasurer of the commonwealth of Kentucky, returned to UK Law to speak with members of the Christian Legal Society (CLS) regarding how to grow their faith while pursuing their career.

"She definitely inspired everyone at the event, especially the females in the room, because she is a new mother and a young politician pursuing family and career while having incredible success as well as actively living out and pursuing her relationship with God," said Meredith Cave, CLS officer and coordinator of the meeting.

"Treasurer Ball really encouraged us that it was not only possible, but also very important for us to take on leadership roles," said Cave. "She is an amazing example of a woman attempting to 'have it all,' and doing it successfully.

She was incredibly inspiring simply by showing that a strong faith, family and career are simultaneously possible.”

Students gathered during this CLS meeting and enjoyed lunch, fellowship and a presentation by Treasurer Ball, followed by a question and answer session. Many students engaged in meaningful inquiries regarding Treasurer Ball's education and career path, how her faith has influenced and guided her, and how it continues to do so.

The Christian Law Society hosts monthly guest speakers who have received their law degrees and are strong in their faith. Guests are encouraged to talk about how their faith has

16

UK LAW NOTES ONLINE

(Top photo L to R: Meredith Cave, Alex Pabon, Treasurer Ball, Brittany Foster, Austin DeFevers and Clay Thornton.)

influenced their practice of law, how they work to grow their faith while pursuing their career, and to offer any advice they may have for law students or young attorneys hoping to be a light in the profession. Recent guests have included Judge Ishmael, former Mayor Jim Newberry, and local attorneys from Frost Brown and Todd, and Goss Samford PLLC. CLS provides a community for students who are striving to unite their faith with their legal education and future careers in the law. Weekly meetings are an opportunity for students to enjoy a time of fellowship and encouragement

during the challenges of completing law school.

CLS participates in local food drives by building Thanksgiving Baskets for local families and puts together Christmas presents for children in the community.

In addition, CLS hosts “Dog Days of Finals” every semester, partnering with a local animal shelter that brings puppies to the school for a fun, stress-relieving study break. The students in CLS seek to be a light on the University’s campus and in the legal community at large.

The faculty advisor for CLS is Professor Paul Salamanca.

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Entrance of the College of Law Building, 1965