Baylor Law Baylor
 
About Our Faculty
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Terri Kroll
1114 S. University Parks Dr.
One Bear Place #97288
Waco, TX 76798

254.710.3692
Faculty News & Notes

This listing of faculty scholarship reflects recent work of the full-time faculty at the law school. This listing will be updated every quarter. For complete listing of scholarship, please view each faculty member's Curriculum Vita, which can be found on their profile page.

Larry Bates

Professor of Law

Publications

Sales: Problems and Materialspublished by Cognella Publishing 2016.
Secured Transactions: Problems and Materials published by Cognella Publishing 2014.

Ron Beal

Professor of Law

Presentations

• "Statutory Interpretation-The Fundamentals" at the University of Texas CLE Advanced Administrative Law Course, Austin, September 1, 2015.
• "Necessary Implication and Statutory Interprestation-How Far Does It Go?" at the 25th Advanced Administrative Law Conference of the State Bar of Texas, Austin, June 5, 2015.

Matthew Cordon

Professor of Law

Professional Activities

• Contributing author and editor, American Law Yearbook 2015.
• Contributing author, Gale Encyclopedia of Senior Health (2d ed. 2015).
• Featured Author Spotlight, William S. Hein & Co., Inc.: Author Spotlight

Jeremy Counseller

Professor of Law

Publications

Texas Commercial Causes of Action, co-authored with Professor Jim Wren, published by American Legal Media (March 2015).

Thomas M. Featherston, Jr.

Professor and The Mills Cox Professor of Law

Publications

West's Texas Practice Guide-Probate 2014/2015 Edition, Three Volumes (co-authored).
Questions & Answers: Wills, Trusts & Estates (2014, 3rd Edition), LexisNexis.

Presentations

• Speaker, "Disclaimers, Distributions and Discounts", Tarrant County Probate Bar Association, Ft. Worth, December 3, 2015.
• Speaker, "Will or Revocable Trust, What's Best for the Client?", East Texas Estate Planning Council, Tyler, October, 21, 2015.
• Speaker, "2015 Texas Estate and Trust Legislative Update" at The Trust Department of Community Bank & Trust luncheon, Waco, October 2, 2015.
• Speaker, “His, Her or Their Property: A Primer on Marital Property Law in the Community Property States” at the ABA’s Skills Training for Estate Planners Course, New York City, July 13, 2015.
• Speaker, “Understanding the Transfer Tax and Its Impact on Estate Planning” at the ABA’s Skills Training for Estate Planners Course, New York City, July 12, 2015.
• Panelist, “To Disclaim or Not?” at the State Bar of Texas Advanced Estate Planning and Probate Course, Dallas, June 10, 2015.
• "Asset Protection Planning-Marital Property Issues" to the Estate Planning Council of Central Texas, Austin, April 28, 2015.
• "The Tedder Case and Its Impact on Estate Planning and Administration," McLennan County Bar Association, Waco, February 13, 2015.

Professional Activities

• Senior Editor, Probate & Property, published six times a year by the Real Property, Trust and Estate Law Section of American Bar Association.
• Member, Publications and CLE Committees of the ABA's Real Property, Trust and Estate Law Section.
• Member, Legislative Review Committee, Real Estate, Probate and Trust Law Section, State Bar of Texas.

Elizabeth Fraley

Assistant Professor of Law

Presentation

• Co-author and Speaker, Using Documents to Win your Case, “Winning at Deposition: Skills and Strategy” at UT School of Law - CLE, Austin, September 2015.

Scott Fraley

Director of Legal Writing

Presentation

• "The Seven Deadly Sins of Legal Writing" at the Dallas Association of Young Lawyers, January 13, 2016

Bridget Fuselier

Professor of Law

Presentation

• "To Be or Not to Be?" That is the Question Surrounding the Disposition of Reproductive Material at Death, CLE at Heart of Texas Estate Planning Council, March 31, 2015.

Professional Activities

• Member, of the State Bar of Texas Disciplinary Rules Committee.
• Contributor, to the General Practice Digest.

Laura A. Hernandez

Professor of Law

Publications

Equal Protection and the Immigrant: Legislating Our Way Toward Two Americas, in CONTROVERSIES IN EQUAL PROTECTION CASES IN THE UNTIED STATES (Dr. Anne Richardson Oakes, ed., July 2015).

Professional Activities

Moderator, Panel on Restatement/Principles on the Law of Liability Insurance. 12th Annual Advanced Insurance Law Course held on June 11, 2015, in San Antonio.

Jill W. Lens

Associate Professor of Law

Publications

Expanding Tort Liability to Include Failure to Recall(In Progress).
Stays Pending Appeal: Why the Merits Should Not Matter, 43 FLA. ST. U.L.REV.(forthcoming 2016).
Warning: A Post-Sale Duty to Warn Targets Small Businesses, 2014 UTAH L. REV.1013(2014).
Tort Law's Deterrent Effect and Procedural Due Process, 50 TULSA L. REV. 115 (2014) (made SSRN's Top Ten download for the LSN Journal of Judgments & Remedies).
Insurance Coverage for Elite Student Athletes, with Joshua J. Lens, 84 MISS. L.J. 127 (2014).

Luke Meier

Professor of Law

Publications

The Validity of Restraints on Alienation in an Oil and Gas Lease, co-authored with Professor Rory Ryan (2015 forthcoming).
Aggregate Alienability, co-authored with Professor Rory Ryan, 60 VILLANOVA LAW REVIEW (2015 forthcoming).
Probability, Confidence, and Twombly’s Plausibility Standard, 68 SMU LAW REVIEW (2015, forthcoming).
A Contextual Approach to Claim of Right in Adverse Possession: On Van Valkenburgh v. Lutz, Bad Faith, and Mistaken Boundaries, 18 LEWIS AND CLARK LAW REVIEW 47 (2015).
Probability, Confidence, and the “Reasonable Jury Standard,” 84 MISSISSIPPI LAW JOURNAL 1 (2015).
Probability, Confidence, and the Constitutionality of the Summary Judgment, 42 HASTINGS CONSTITUTIONAL LAW QUARTERLY 1 (2014).
Probability, Confidence, and Matsushita: The Misunderstood Summary Judgment Revolution, 23 BROOKLYN J. OF LAW & POLICY 69 (2014).

Elizabeth Miller

Professor of Law

Publications

TEXAS METHODS OF PRACTICE, TEXAS PRACTICE SERIES (Vol. 13), West (2015) (co-author).
BUSINESS ORGANIZATIONS, TEXAS PRACTICE SERIES (Vols. 19, 20 & 20A), West (3rd ed. 2011; 2015 Annual Supplement) (co-author).
UNINCORPORATED BUSINESS ENTITIES, LexisNexis (5th ed. 2013) (co-author).
Fiduciary Duties Arising Out of Business Relationships: Overview of Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations, 10th Annual Fiduciary Litigation Course, State Bar of Texas (December 10, 2015).
Model Company Agreements for Simple LLCs, 9th Annual Advanced Real Estate Strategies Course, State Bar of Texas (December 4, 2015).
Selected Recent (Non-Delaware) LLC Cases, 2015 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Business Entities, American Bar Association (November 12, 2015).
Selected Recent LLC Cases, 31 LLC & PARTNERSHIP REPORTER, No. 2 p. 66 (November 2015).
LLCs and Partnerships: Trends and Recent Developments, 33rd Annual Advanced Tax Law Course, State Bar of Texas (October 29, 2015).
The Demise of the Shareholder Oppression Doctrine in Texas: Pursuit of Claims by Minority Shareholders (and LLC Members) After Ritchie v. Rupe and Overview of Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations, Texas Bar College 17th Annual Summer School (July 17, 2015).
Model Company Agreements for Simple LLCs, 2015 LLCs, LPs and Partnerships, University of Texas School of Law (July 9, 2015).
Case Law Update: A Survey of Recent Texas Partnership and LLC Cases, 2015 LLCs, LPs and Partnerships, University of Texas School of Law (July 9, 2015).
Overview of Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations, Choice and Acquisition of Entities in Texas, State Bar of Texas (May 22, 2015).
The Demise of the Shareholder Oppression Doctrine in Texas: Pursuit of Claims by Minority Shareholders (and LLC Members) After Ritchie v. Rupe, Choice and Acquisition of Entities in Texas, State Bar of Texas (May 22, 2015).
Selected Recent LLC Cases, Annual LLC Case Update, American Bar Association Business Law Section Spring 2015 Meeting (April 17, 2015).
Selected Recent LLC Cases, 31 LLC & PARTNERSHIP REPORTER, No. 2, p. 44 (April 2015).
Selected Recent LLC Cases, Limited Liability Entities: 2015 Update, American Law Institute (March 26, 2015).
The Walking Dead: Inadvertent Terminations of Business Entities, Essentials of Business Law, State Bar of Texas (March 13, 2015).
Liability of Nonprofit Corporations and Their Directors, Officers, Agents, and Volunteers, People’s Law School, Baylor University School of Law (February 14, 2015).
The Demise of the Shareholder Oppression Doctrine in Texas: Pursuit of Claims by Minority Shareholders (and LLC Members) After Ritchie v. Rupe, 37th Annual Conference on Securities Regulation and Business Law, University of Texas School of Law (February 12, 2015).
Partner Duties Under Common Law and the Texas Business Organizations Code, 68 THE ADVOCATE 18 (2014).

Presentations

• “Fiduciary Duties Arising Out of Business Relationships,” 10th Annual Fiduciary Litigation Course, State Bar of Texas, December 10, 2015.
• “Choice of Entities—Who Owns the Deal?,” 9th Annual Advanced Real Estate Strategies Course, State Bar of Texas, December 4, 2015.
• “Case Law Update,” 2015 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Business Entities, American Bar Association, November 12, 2015.
• “LLCs and Partnerships,” 33rd Annual Advanced Tax Law Course, State Bar of Texas, October 29, 2015.
• “The Limits of ‘Limited Liability’: Piercing the LLC Veil and Other Routes to Potential Personal Liability of Members and Managers,” Meeting of Equity Investment Structures Committee of American College of Real Estate Lawyers, August 25, 2015.
• “Minority Owner Fiduciary Duty Litigation: What’s Left After Ritchie vs. Rupe?,” Texas Bar College 17th Annual Summer School, July 17, 2015.
• “Model Company Agreements for Simple LLCs,” 2015 LLCs, LPs and Partnerships, University of Texas School of Law, July 9, 2015.
• “Case Law Update: A Survey of Recent Texas Partnership and LLC Cases,” 2015 LLCs, LPs and Partnerships, University of Texas School of Law, July 9, 2015.
• “Fiduciary Duties in LLCs and Partnerships in Texas and Delaware,” Choice and Acquisition of Entities in Texas, State Bar of Texas, May 22, 2015.
• “Shareholder and LLC Member Oppression,” Choice and Acquisition of Entities in Texas, State Bar of Texas, May 22, 2015.
• “How to Choose What Entity or Acquisition Structure to Use,” Choice and Acquisition of Entities in Texas, State Bar of Texas, May 22, 2015.
• “Annual LLC Case Law Update,” American Bar Association Business Law Section Spring 2015 Meeting, April 17, 2015.
• “Limited Liability Entities: 2015 Update,” American Law Institute, March 26, 2015.
• Inadvertent Terminations of Business Entities, Essentials of Business Law, State Bar of Texas, March 13, 2015.
• “Pitfalls for Non-Profit Corporations,” People’s Law School, Baylor University School of Law, February 14, 2015.
• “The Legal Landscape after Ritchie v. Rupe: Where Will the Battle Lines Be Drawn in Future Disputes between Majority and Minority Shareholders?,” 37th Annual Conference on Securities Regulation and Business Law, University of Texas School of Law, February 12, 2015.

Professional Activities

• Joint Editorial Board for Uniform Unincorporated Organizations Acts, Uniform Law Commission and American Bar Association
• Editorial Board, The Business Lawyer, quarterly journal of the Business Law Section of the American Bar Association.
• Chair, Editorial Board of Publications of the LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association.
• Member, Business Organizations Code Committee of the Business Law Section of the State Bar of Texas.
• ABA Advisor, Drafting Committee, Series of Unincorporated Business Entities Act, National Conference of Commissioners on Uniform State Laws.

Michael Morrison

Professor of Law

Publications

• “The Expedited Civil Action; The First Year, Redux”, Texas Association of Defense Counsel Magazine, Spring 2015.

Presentations

• “Overview of the Proposed Revisions to The Forum on Education Abroad's Bylaws", 11th Annual Conference of the Forum on Education Abroad, March 26, 2015.

Professional Activities

• Contributing Editor on Defamation and Invasion of Privacy, Texas Association of Defense Counsel Professional Newsletters/Case Law Updates.

Honors

• Elected Legislative Vice President, Board of Directors, Texas Association of Defense Counsel, September 2015
• Named as one of three Trustees of the Madison Alexander Cooper and Martha Roane Cooper Foundation to serve a term for life, on a board of seven trustees.
• Program Director for the Texas Association of Defense Council's annual Spring meeting in Washington, D.C., with responsibility to plan and conduct two days of MCLE programming.
• Elder, First Presbyterian Church of Waco.
• Board of Directors of the Forum for Education Abroad, the entity recognized by the federal government as the official standards setting body for U.S. study abroad programs.
• Chairing Texas Association of Defense Council's board of directors committee charged with evaluating and preparing comments on the Texas Supreme Court's proposed rules for Expedited Trials.
• Board of Directors of the Texas Association of Defense Counsel.

Connie Powell Nichols

Associate Professor of Law

Publications

Sex, Lies and Internet Shaming: New Media Considerations for Defamation and Privacy Moody-Ramirez, Nichols & Lewis (under consideration with NEW MEDIA AND SOCIETY JOURNAL).

Michael Rogers

Professor of Law

Publications

Saving Mr. Banks and Other Interest-Based Negotiations, Cardoza Journal of Conflict Resolution, (Winter 2015 forthcoming).

Professional Activities

• Chair of the Presidential Task Force Committee on Intercollegiate Athletics, report filed with Judge Starr, May 2015, now in follow-up phase.

Rory Ryan

Professor of Law

Publications

The Validity of Restraints on Alienation in an Oil and Gas Lease, co-authored with Professor Luke Meier, (2015 forthcoming).
Aggregate Alienability co-authored with Professor Luke Meier, Villanova Law Review (forthcoming).

Walt Shelton

Adjunct Professor of Law

Publications

Reach Out in Friendship to Neighbors, Estranged Family, Austin American Statesman (December 12, 2015) at E9.
Fatigue can be a Sign that our Hard Work Deserves Rest, Austin American Statesman (November 28, 2015).
The Practice of Faith is Deep and Challenging, Austin American Statesman (September 12, 2015) at E9.
Turn Workplace into a Sanctuary, Austin American Statesman (May 16, 2015) at E9.
Finding Room in the Morning for Reflection, Self Care for a Better Day, Austin American Statesman (March 7, 2015) at E9.

Presentations

• Organized and participated in Environmental Careers panel, St. Mary's School of Law, September 30, 2015.
• Coordinated and participated as moderator in Environmental Law program related to hydraulic fracturing and local ordinances, Baylor Law School, March 31, 2015.

Professional Activities

• Liaison of the Environmental and Natural Resources Law Section of the State Bar of Texas with the Section of the Environment, Energy and Resources of the American Bar Association.
• Contributing Editor, General Practice Digest, State Bar of Texas, Environmental Law.
• Chair of the Law School Committee of the Environmental and Natural Resources Law Section of the State Bar of Texas.

Honors

• Selected through peer review process for inclusion in the 2016/22nd annual edition of The Best Lawyers in America (Tier One Best Law Firm/highest classification) in the practice areas of Environmental Law and Water Law. This is Professor Shelton's 17th consecutive year of selection.

David G. Swenson

Professor of Law and The George G. Kelly Professor of Law

Professional Activities

• Member, ABA's Standing Committee on Public Education and Screening Committee for the Silver Gavel Awards.
• Member, Board of Directors of Lone Star Legal Aid.
• Contributing Author, Annual Review of Intellectual Property Developments 2011, ABA Section of Intellectual Property Law, 2012.
• Member, Sections of Business Law, Intellectual Property Law (IPL) and Legal Education and Admissions to the Bar.
• Member of the American Intellectual Property Law Association (AIPLA).
• Editor of "The AIPLA Antitrust News", a publication produced three times a year by the AIPLA Antitrust Committee.
• Baylor Representative to LSAC since 1983.

Leah Witcher Jackson Teague

Associate Dean and Professor of Law

Publications

Higher Education Plays Critical Role in Society: More Women Leaders Can Make a Difference. Accepted for publication in the Forum on Public Policy, January 29, 2016.

Presentations

• “Diverse Leadership at Higher Education Institutions: Not Only Good Social Policy but Also Smart Business Decision,” Oxford Roundtable on Public Critical Issues, Oxford, England (July 28, 2015).
• "Moving the Needle: How can WWHEL Advancing Women Leaders?" Keynote address at the Wisconsin Women in Higher Education Leadership (WWHEL) Annual Conference, Milwaukee, Wisconsin (October 30, 2015).
• “ACE’s Moving the Needle: Advancing Women Leaders in Higher Education.” Southern Association of Colleges and Schools Commission on Colleges Annual Meeting, Houston, Texas (December 7, 2015).

Professional Activities

• Chair, Strategic Initiative Committee, American Council on Education’s Women’s Network Executive Council.
• Executive Committee, Board of Directors, Texas Federal Tax Institution.

Bradley J. B. Toben

Dean and M.C. & Mattie Caston Chair of Law

Honors

• Election to the American Law Institute.
• The Texas Trial Lawyers Association sponsored an Austin reception in Dean Toben's honor at which he received a TTLA recognition for "exemplary service and commitment as a guiding light in legal scholarship and the pursuit of justice.

Professional Activities

• Board Member of Juliette Fowler Homes, Inc. Fowler, affiliated with the Disciples of Christ.
• Chaired and Member for more than 20 years of the American Bar Association (ABA) and the Association of American Law Schools (AALS), membership on-site re-inspection functions and accreditation.
• Master of the Bench of the Abner V. McCall American Inn of Court.
• Member, Board of Directors of the Waco Chamber of Commerce.

James Underwood

Professor of Law

Professional Activities

• Contributor, General Practice Digest (Torts).

Patricia Wilson

Professor of Law

Honors

• Governing Board Member, Cooperative Baptist Fellowship and Chair of Legal Committee
• Vice-President, Waco-McLennan County Bar Association
• Board Member, Dispute Resolution Center (Waco)
• Chair, ABA Law Student Division, Client Counseling Subcommittee
• Contributor, General Practice Digest (Family Law)

James E. Wren

Professor of Law

Publications

• Proving Damages to the Jury, published by James Publishing (updated version submitted for publication in (January 2016).
• Texas Trial Procedure and Evidence, co-authored with Professor Jeremy Counseller, published by American Legal Media (September 2015).
Texas Commercial Causes of Action, co-authored with Professor Jeremy Counseller, published by American Legal Media (March 2015).

Academic Calendar

February 8
    Classes Begin

March 5 - 13
    Spring Break

March 25 - 27
    Easter Holiday

April 20
    Classes End

April 21 - 22
    Reading Days

April 23
    Exam Period Begins

April 29
    Exams Period Ends

April 30
    Commencement

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