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Terri Kroll
1114 S. University Parks Dr.
One Bear Place #97288
Waco, TX 76798

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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.

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.
Wills and Revocable Trusts: What's Best for the Client? at the 29th Annual Wills and Probate Institute, South Texas College of Law on September 18, 2014.
The Tedder Case and Its Impact on the Post-Death Administration of the Deceased Spouse’s Estate, The State Bar of Texas Advanced Estate Planning and Probate Course in San Antonio (June 19, 2014).

Presentations

• "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," Waco, TX McLennan County Bar Association (February 13, 2015).
• "Wills or Revocable Trusts, What's Best for the Client?" Tarrant County Probate Bar Association, Ft. Worth (December 4, 2014).
• "The Tedder Case and Its Impact on Estate Planning and Administration," Harris County Probate Bar Association, Houston, TX (November 25, 2014).
• "What Estate Planners Need to Know about Premarital Agreements, Divorce and Planning for Second Marriages" A.B.A. Real Property, Trust & Estate Law CLE Webcasts, (October 21, 2014).
• "Wills or Revocable Trusts, What's Best for the Client?" at the Travis County Bar Association luncheon, Austin, Tx (September 19, 2014).
• "Wills or Revocable Trusts, What's Best for the Client?" at the Community Bank and Luncheon, Waco, TX (September 5, 2014).
• “His, Her Or Their Property: A Primer On Marital Property Law In the Community Property States” at the 2014 Skills Training for Estate Planners, New York Law School, New York, NY (July 14, 2014).
• “Understanding The Transfer Tax and Its Impact on Estate Planning” at the 2014 Skills Training for Estate Planners at New York Law School in New York, NY (July 13, 2014).

Professional Activities

• Articles Editor, Trust & Estate, Probate & Property, published six times a year by the Real Property, Trust and Estate Law Section of American Bar Association.
• Member, Publications 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.
• Contributor, Amicus Brief of the Tax Foundation and Interested Law Professors, United States of America v. Elaine T. Marshall, et al pending before United States Court of Appeals for the 5th Circuit concerning gift tax transferee liability.
• Commentator, at the invitation of the Joint Editorial Board, on the Uniform Disposition of Community Property Rights at Death Act.

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 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).
The Constitutional Limits of Supply and Demand Why a Successful Guest Worker Program Must Include a Path to Citizenship, 10 Stan. J. Civil Rights & Civil Liberties (June 2014).

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).
Justice Holmes's Bad Man and the Depleted Purposes of Punitive Damages, 101 KY. L. J. 789 (2013) (made SSRN's Top Ten download for the LSN Journal of Judgments & Remedies).
Procedural Due Process and Predictable Punitive Damage Awards, 2012 BYU L. REV. 1 (2012), reprinted in DEF. LAW. J., VOL. 61, NO. 3, at 113 (2013) (made SSRN's Top Ten download for the LSN Journal of Judgments & Remedies).

Presentations

• "Making Time Stand Still: Stays Pending Appeal," Central States Law Schools Association Annual Scholarship Conference (October 2014).
• "Expanding Tort Liability to Include Failure to Recall," Oklahoma Junior Scholars' Conference (July 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).
Partner Duties Under Common Law and the Texas Business Organizations Code, 68 THE ADVOCATE 18 (2014).
UNINCORPORATED BUSINESS ENTITIES, LexisNexis (5th ed. 2013) (co-author).
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).
Selected Recent Non-Delaware LLC Cases, 2014 LLC Institute, American Bar Association Business Law Section, LLCs, Partnerships and Unincorporated Entities Committee (October 17, 2014).
Shareholder and LLC Member Oppression in Texas, Advanced Civil Trial Course, State Bar of Texas (July 18, August 22, & October 31, 2014).
Shareholder and LLC Member Oppression in Texas, State Bar College Summer School, State Bar of Texas (July 17, 2014).
The Walking Dead: Forfeitures and Involuntary Terminations of Filing Entities, 2014 LLCs, LPs and Partnerships, University of Texas School of Law (July 11, 2014).
Case Law Update: A Survey of Recent Texas Partnership and LLC Cases, 2014 LLCs, LPs and Partnerships, University of Texas School of Law (July 11, 2014).

Presentations

• “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).
• “LLC Case Law Update,” 2014 LLC Institute, American Bar Association Business Law Section, LLCs, Partnerships and Unincorporated Entities Committee (October 17, 2014).
• “Fiduciary Duty - Shareholder Oppression,” Advanced Civil Trial Course, State Bar of Texas (July 18, August 22, & October 31, 2014).
• “New Developments in Shareholder Oppression Claims,” State Bar College Summer School, State Bar of Texas (July 17, 2014).
• “The Walking Dead, Part II: Inadvertent Terminations of LLCs and LPs,” 2014 LLCs, LPs and Partnerships, University of Texas School of Law (July 11, 2014).
• “Case Law Update,” 2014 LLCs, LPs and Partnerships, University of Texas School of Law (July 11, 2014).

Professional Activities

• 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).
• “The Policy and Practice of Education Abroad: The Role of General Counsel and Other Stakeholders," The National Association of College and University Attorneys Annual Meeting, Denver, Colorado (June 23, 2014).

Professional Activities

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

Honors

• 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).

Gerald R. Powell

Professor and The Abner V. McCall Professor of Evidence

Presentations

• “Tricky Civil Evidentiary Scenarios,” MCLE Panel Discussion, Civil Justice Conference, Texas Center for the Judiciary, Hyatt Regency Lost Pines (June 30, 2014).

Michael Rogers

Publications

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

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

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.
Use Wealth to Support Good Things in Faith, Austin American Statesman (September 6, 2014) at F9.
Qualitative Living on the Narrow Path, Austin American Statesman (June 14, 2014) at E9.

Presentations

• Coordinated Environmental Law program and participated as moderator and speaker in Houston for the University of Houston Law School and South Texas College of Law, November 5, 2014
• “Reflections on the Book of James,” Highland Park Baptist Church, Austin (October 7 and 15, 2014).
• Coordinated program and participated as moderator and panelist in Environmental Law Practitioners Panel at the University of Texas School of Law (October 3, 2014).

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 2015/21st 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 16th consecutive year of selection.

David G. Swenson

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

Professional Activities

• 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.

Bradley J. B. Toben

Dean

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).

James E. Wren

Professor of Law

Publications

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

Academic Calendar

May 11
    Classes Begin

May 25
    Memorial Day Holiday

July 3
    Independence Day Holiday

July 14
    Upper Level Classes End

July 15
    First Year Classes End

July 15-16
    Upper Level Reading Days

July 16-17
    First Year Reading Days

July 17
    Upper Level Exam Period Begins

July 18
    First Year Exam Period Begins

July 23
    Upper Level Exams Period Ends

July 24
    First Year Exams Period Ends

August 1
    Commencement

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