Baylor Law Baylor
 
About Our Faculty
Contact Info
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 T. Bates

Professor of Law

Honors

Recipient of the Baylor University Outstanding Faculty Award for significant contributions to the academic community in ways other than teaching and research (Spring 2014).

Thomas M. Featherston, Jr.

Professor and The Mills Cox Professor of Law

Publications

West's Texas Practice Guide-Probate 2013/2014 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 on June 19, 2014.

Presentations

• "Wills or Revocable Trusts, What's Best for the Client?" Tarrant County Probate Bar Association, Ft. Worth on December 4, 2014.
• "The Tedder Case and Its Impact on Estate Planning and Administration," Harris County Probate Bar Association, Houston, TX on 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, on October 21, 2014.
• "Wills or Revocable Trusts, What's Best for the Client?" at the Travis County Bar Association luncheon, Austin, Tx on September 19, 2014.
• "Wills or Revocable Trusts, What's Best for the Client?" at the Community Bank and Luncheon, Waco, TX on 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 on 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 on July 13, 2014.
• “Asset Protection Planning for the Second Marriage,” The Houston Estate and Financial Forum in Houston on May 23, 2014.
• “Revocable Trusts or Wills, What’s Best for the Client?,” at the Planned Giving Council of Houston in Houston on March 27, 2014.
• “Getting Ready for Marriage in Texas,” Dallas County Probate Bar Association in Dallas on February 25, 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

Professional Activities

• Contributor, to the ABA Probate & Property Magazine, Keeping up with Property.
• Contributor, to the General Practice Digest.

Chris Galeczka

Reference Librarian

Publications

• "Expedited Civil Actions in Texas and the U.S.: A Survey of State Procedures and a Guide to Implementing Texas's New Expedited Actions Process", Mike Morrison, James Wren, and Chris Galeczka, 65 Baylor L. Rev., Number 3, 824-937 (January 2014).

Laura Hernandez

Professor of Law

Publications

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).

Jill W. Lens

Associate Professor of Law

Publications

Warning: A Post-Sale Duty to Warn Targets Small Businesses, 2014 UTAH L. REV. (forthcoming 2014).
Tort Law's Deterrent Effect and Procedural Due Process, 50 TULSA L. REV. (forthcoming 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. (forthcoming 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

Probability, Confidence, and the Constitutionality of the Summary Judgment, 42 HASTINGS CONSTITUTIONAL LAW QUARTERLY (2014, forthcoming).
Probability, Confidence, and Twombly’s Plausibility Standard, 68 SMU LAW REVIEW (2015, forthcoming).
Probability, Confidence, and the “Reasonable Jury Standard”, 84 MISSISSIPPI L. J. (2014, forthcoming).
Probability, Confidence, and Matsushita: The Misunderstood Summary Judgment Revolution, 23 BROOKLYN J. OF LAW & POLICY (2014, 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 L.R. (2014, forthcoming).

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).
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).
Overview of Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations, Choice and Acquisition of Entities in Texas, State Bar of Texas (May 23, 2014).
Shareholder and LLC Member Oppression in Texas, Choice and Acquisition of Entities in Texas, State Bar of Texas (May 23, 2014).
Current Issues in Use of (and Litigation Involving) LLCs, General Practice Institute, State Bar of Texas General Practice, Solo and Small Firm Section and Baylor Law School (April 25, 2014).
Selected Recent (Non-Delaware) LLC Cases, LLC Case Law Update 2013-2014, American Bar Association Business Law Section Spring Meeting (April 11, 2014).
Selected Recent LLC Cases, Limited Liability Entities: 2014 Update, American Law Institute (March 24, 2014).
Selected Recent LLC Cases, 30 LLC & PARTNERSHIP REPORTER, No. 3, p. 21 (March 2014).
Governing Persons in Action: Liability Protection and Piercing the Veil of Texas Business Entities, Essentials of Business Law, State Bar of Texas (March 6, 2014).
Governing Persons in Action: Overview of Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations, Essentials of Business Law, State Bar of Texas (March 6, 2014).

Presentations

• “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).
• “Fiduciary Duties in LLCs and Partnerships in Delaware and Texas, Including 2013 Legislative Changes and Drafting Considerations,” Choice and Acquisition of Entities in Texas, State Bar of Texas (May 23, 2014).
• “Shareholder Oppression,” Choice and Acquisition of Entities in Texas, State Bar of Texas (May 23, 2014).
• “Business Organizations,” General Practice Institute, State Bar of Texas General Practice, Solo and Small Firm Section and Baylor Law School (April 25, 2014).
• “LLC Case Law Update 2013-2014,” American Bar Association Business Law Section Spring Meeting (April 11, 2014).
• “Limited Liability Entities: 2014 Update,” American Law Institute (March 24, 2014).
• "Governing Persons in Action," Essentials of Business Law, State Bar of Texas (March 6, 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.
• Appeared as witness before House Business & Industry Committee and Senate Business & Commerce Committee, 83rd Legislature Regular Session.

Michael Morrison

Professor of Law

Publications

Expedited Civil Actions in Texas and the U.S.: A Survey of State Procedures and a Guide to Implementing Texas's New Expedited Actions Process, James Wren, and Chris Galeczka, 65 Baylor L. Rev., Number 3, 824-937 (January 2014).
• “The Expedited Civil Action; The First Year, Redux”, Texas Association of Defense Counsel Magazine,
• Contributing Editor on Defamation and Invasion of Privacy, Texas Association of Defense Counsel Professional Newsletters/Case Law Updates.

Presentations

• "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.
• "Practicalities for the New Expedited Civil Action Process", with James Wren, Baylor Law School, General Practice Institute, April 25, 2014.

Honors

• 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 offical 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).
Trouble in Trademark Law: How Applying Different Theories Leaves Door Open for Trademark Abuse, Nichols & Carroll, 17 SMU SCIENCE & TECH L. REV. (forthcoming Volume 17, Spring 2014).

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.
• “Hot Topics: Evidence,” 2014 Texas College for Judicial Studies, Austin, Texas, May 6, 2014.

Mike Rogers

Professor of Law

Honors

Recipient of the Baylor University Outstanding Faculty Award for significant contributions to the academic community in ways other than teaching and research. (Spring 2014).

Walt Shelton

Adjunct Professor of Law

Publications

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.
Emerging from Bitterness into Gratefulness, Austin American Statesman, March 8, 2014 at E9.
Living Without Waiting, Austin American Statesman, December 31, 2013 at E6.

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.
• "Environmental Stewardship," Highland Park Baptist Church, Austin, April 23, 2014.
• "Zen and the Art of Environmental Practice: Ethical Considerations When an Environmental Attorney and Consultant Represent a Common Client," Dallas Bar Association, January 23, 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

Publications

Copyright Developments: Current Issues and Case Law Update for the 27th Annual Technology Law Conference, Austin, TX, (May 22-23, 2014).

Presentations

• "Copyright Developments: Current Issues and Case Law Update" at the 27th Annual Technology Law Conference on May 22-23, 2014 in Austin, TX.

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

Publications

Clergyperson Sexual Misconduct with Congregants or Parishioners: Past Attempts at Opposing Civil and Criminal Liabilities and a Proposed Criminal Law to Increase the Likelihood of Criminal Punishment of Clergyperson Perpetrators, in Clergy Sexual Abuse: Social Science Perspectives, co-authored with Kris Helge, (Claire Renzetti & S. Yocum, eds., 2013).

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

Publications

Torts: Principles in Practice (Aspen Casebook Series, 939 pp.) (April 2014).

Professional Activities

• Contributor, General Practice Digest (Torts).

James E. Wren

Professor of Law

Publications

Expedited Civil Actions in Texas and the U.S.: A Survey of State Procedures and a Guide to Implementing Texas's New Expedited Actions Process, Mike Morrison, James Wren, and Chris Galeczka, 65 Baylor L. Rev., Number 3, 824-937 (January 2014).

Academic Calendar

November 10
    Classes Begin

November 27-30
    Thanksgiving Holiday

December 20 - January 4
    Christmas Holiday

January 19
    Martin Luther King, Jr. Holiday

January 28
    Classes End

January 29-30
    Reading Days

January 31
    Exam Period Begins

February 6
    Exams End

February 7
    Commencement

Copyright © Baylor® University. All rights reserved. Legal Disclosures.        Disclaimer