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.
Professor of Law
Publications
• The Art of Statutory Construction: Texas Style, 64 Baylor L. Rev. 339 (Vol.2, Spring 2012).
Professional Activities
• The Finance Commission of Texas v. ACORN, Texas Supreme Court, No. 10-0121, amicus brief
• Star Houston Inc. v. Bray, Austin Third Court of Appeals, No. 03-09-00508-CV, amicus brief
• Texas Department of Public Safety v. Salazar, Austin Third Court of Appeals, No. 03-09-0222-CV
Director of Legal Research Associate Director of the Law Library and Professor of Law
Publications
• Civil War Blockade-Runners: Prize Claims and the Historical Record, Including the Denbigh's Court Documents, Denbigh Shipwreck Project Publication 6, Institute of Nautical Archaeology, Texas A & M University (2012). (J. Barto Arnold and Gerald Powell)
Professor of Law
Publications
• The Restyled Rules of Evidence, Jeremy Counseller (Symposium Participant at William & Mary Law School), 53 WMMLR 1435, 1509 (2012).
Professor and The Mills Cox Professor of Law
Publications
• West's Texas Practice Guide-Probate 2012 Edition, Three Volumes (co-authored)
Presentations
• "Protecting Assets for Intended Beneficiaries - Marital Property Concerns" at the Estate Planning Seminar at Baylor University Office of Gift Planning, Heart of Texas Estate Planning Council, McLennan Community College Foundation on May 16, 2013.
• "Transfer Tax Issues, eLearning program of the ABA's Real Property, Trust and Estate Law Section." Internet nationwide program on April 23, 2013
• "The Necessaries Doctrine and Spouses' Mutual Duty of Support" at the State Bar of Texas Advanced Elder Law Course in Houston, TX on April 11, 2013 with paper.
• "Protecting Assets for Intended Beneficiaries - - Marital Property Concerns" at the State Bar of Texas Advanced Estate Planning Strategies Course in Santa Fe, NM on April 4, 2013 with paper.
• "Wills and Revocable Trusts - What's Best for the Client?" at Community Bank and Trust in Waco on September 21, 2012
• "Marital Property Liabilities" at the Tarrant County Probate Litigation Seminar in Fort Worth, TX on September 14, 2012 with paper.
• "Marital Property Obstacles & Opportunities in Testamentary Planning" at the University of Texas Estate Planning, Guardianship and Elder Law Conference in Galveston, TX on August 9, 2012 and at the Tarrant County Probate Section Meeting in Ft. Worth on December 6, 2012 with paper.
• "His, Hers or Theirs: Community Property for the Common Law Lawyer" at the 2012 Skills Training for Estate Planners, at New York Law School in New York, NY on July 9, 2012 with paper.
• "Understanding The Transfer Tax and Its Impact on Estate Planning" at the 2012 Skills Training for Estate Planners, at New York Law School in New York, NY on July 8, 2012
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, Planning and Publications Committees of the ABA's Real Property, Trust and Estate Law Section.
• Member, Advisory Commission - - Estate Planning and Probate, Texas Board of Legal Specialization.
• 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.
Professor of Law
Presentations
• "Homeowners' Association Update" presented at the Jefferson County Bar Association Real Estate & Probate CLE, May 11, 2012.
Assistant Professor of Law
Publications
• Justice Holmes's Bad Man and the Depleted Purposes of Punitive Damages, 101 KY. L. J. (forthcoming 2013) (made SSRN's Top Ten download for the LSN Journal of Judgments & Remedies from August 1, 2012 to October 10, 2012).
• Procedural Due Process and Predictable Punitive Damage Awards, 2012 BYU L. REV. (2012) reprinted in DEF. LAW J. (forthcoming 2013) (made SSRN's Top Ten download for the LSN Journal of Judgments & Remedies from July 9, 2011 through September 7, 2011).
Associate Professor of Law
Publications
• Probability, Confidence, and Matsushita: The Misunderstood Summary Judgement Revolution", January 2013, was recently listed on SSRN's Top Ten download list for: LSN: Procedure (Courts)(Topic) and Law & Society: Civil Procedure eJournal. See at http://ssrn.com/abstract=2205901
• Probability, Confidence, and the "Reasonable Jury" Standard, November 2012, was recently listed on SSRN's Top Ten download list for: LSN: Judicial Decisionmaking (Topic), Law & Society: Courts eJournal and U.S. Constitutional Law: Rights & Liberties eJournal.
See at http://ssrn.com/abstract=2179236
• Why Twombly is Good Law (But Poorly Drafted) and Iqbal Will Be Overturned, 87 INDIANA LAW J. (2012)
• "The Red, White, and Blue Basics of the U.S. Constitution" to the Dallas Area Paralegal Association June 21, 2012 in Dallas
Professional Activities
• Lead Counsel, Co-Author, Amicus Brief on behalf of interested law professor, In re Crystal Power Co (No. 11-40115) (asking the 5th Circuit to reform its mandamus jurisprudence for both precedential and policy reasons)
Professor of Law
Publications
• TEXAS METHODS OF PRACTICE, TEXAS PRACTICE SERIES (Vol. 13), West (2012) (co-author)
• BUSINESS ORGANIZATIONS, TEXAS PRACTICE SERIES (Vols. 19, 20 & 20A), West (3rd ed. 2011; 2012 Annual Supplement) (co-author)
• Practical Pitfalls in Drafting Texas Limited Liability Company Agreements, 45 TEX. J. BUS. L. 27 (2012)
• Selected Recent LLC Cases, 30 LLC & PARTNERSHIP REPORTER, No. 1, p. 69 (March 2013)
• Selected Recent (Non-Delaware) LLC Cases, American Law Institute-Continuing Legal Education (March 22, 2013)
• Recent Case Law Developments for Texas Practitioners, Essentials of Business Law, State Bar of Texas (March 14, 2013)
• Owner Liability Protection and Piercing the Veil of Texas Business Entities, Dallas Bar Association TAX Section (November 5, 2012)
• The Shareholder Oppression Doctrine in Texas, 10th Annual Advanced Business Law Course, State Bar of Texas (November 1, 2012)
• Selected Recent LLC Cases, 2012 LLC Institute, LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association (October 19, 2012)
• Selected Recent LLC Cases, 29 LLC & PARTNERSHIP REPORTER No. 2, p. 30 (October 2012)
• Practical Issues in Drafting Texas Limited Liability Company Agreements,Tax Law 101, State Bar of Texas (August 15, 2012)
• Death and Resurrection of LLCs and LPs: Managing and Mismanaging Voluntary and Involuntary Terminations and Reinstatements, 2012 LLCs, LPs and Partnerships, University of Texas School of Law (July 13, 2012)
• Case Law Update: A Survey of Recent Partnership and LLC Cases, 2012 LLCs, LPs and Partnerships, University of Texas School of Law (July 12, 2012)
• The Shareholder (and LLC Member) Oppression Doctrine in Texas, Choice and Acquisition of Entities in Texas, State Bar of Texas (May 25, 2012)
• Recent Case Law Developments for Texas Practitioners, Essentials of Business Law, State Bar of Texas (May 10, 2012)
Presentations
• "2013 Annual Review of LLC Case Law Developments," American Bar Association Business Law Section Spring 2013 Meeting (April 5, 2013)
• "Limited Liability Entities: 2013 Update," American Law Institute-Continuing Legal Education (March 22, 2013)
• "Business Case Law Update," Essentials of Business Law, State Bar of Texas (March 14, 2013)
• "Hot Topics in Texas LLCs: Avoiding Drafting Pitfalls in Company Agreements and Preserving the "LL" (Limited Liability) in LLCs," Dallas Bar Association Tax Section (November 5, 2012)
• "Oppression of Minority Shareholders," 10th Annual Advanced Business Law Course, State Bar of Texas (November 1, 2012)
• "LLC Case Law Update," 2012 LLC Institute, LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association (October 19, 2012)
• "Practical LLC Drafting Issues," Tax Law 101, State Bar of Texas (August, 15 2012)
• "Death and Resurrection of LLCs and LPs: Managing and Mismanaging Voluntary and Involuntary Terminations and Reinstatements," 2012 LLCs, LPs and partnerships, University of Texas School of Law (July 13, 2012)
• "LLCs and Partnerships Case Law Update," 2012 LLCs, LPs and Partnerships, University of Texas School of Law (July 12, 2012)
• "Shareholder Oppression," Choice and Acquisition of Entities in Texas, State Bar of Texas (May 25, 2012)
• "Recent Developments in Texas Business Law," Essentials of Business Law, State Bar of Texas (May 10, 2012)
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
• Chair, Business Entities Form Manual of the Business Law Section of the State Bar of Texas
• Appeared as witness before House Business & Industry Committee and Senate Business & Commerce Committee, 83rd Legislature Regular Session
Professor of Law
Publications
• Contributing Editor on Defamation and Invasion of Privacy, Texas Association of Defense Counsel Professional Newsletters/Case Law Updates, 2005 - Present
Presentations
"Ethical Decision Making Related to Study Abroad Professionals with Shared Responsibilities," Standard of Good Practice Institute: "Ethics and Integrity in Education Abroad", Forum's Ninth Annual Conference in Chicago (April 3, 2013)
Honors
• Serving on a Defense Research Institute committee to rewrite the DRI's Arbitration Policy and Procedures
• Chairing a committee of the Texas Association of Defense Council's board of directors evaluating and preparing comments on the Texas Supreme Court's proposed rules for Expedited Trials.
•Elected to the Board of Directors of the Texas Association of Defense Counsel, October 1, 2012.
Associate Professor of Law
Publications
• We All Know It's a Knock-Off! Re-evaluating the Need for the Post-Sale Confusion Doctrine in Trademark Law, North Carolina Journal of Law & Technology, Volume 14, Issue 1, Fall 2012.
• Privacy for Social Networking, University of Arkansas at Little Rock Law Review, Volume 34, Number 4, Summer 2012
• Contributing Author: In the Matter of Notice of Proposed Rulemaking to Amend the Telemarketing Sales Rule, FTC File No. 411001, Comment of the Promotion Marketing Association, at See at http://www.ftc.gov/os/comments/dncpapercomments/04/pma.pdf
Justice in Residence
Presentations
• "Developing Role of Women in the Law", at the Texas Women Lawyers Annual CLE, Rising Together, Houston, TX, March 1, 2013
Professor and The Abner V. McCall Professor of Evidence
Publications
• Civil War Blockade-Runners: Prize Claims and the Historical Record, Including the Denbigh's Court Documents, Denbigh Shipwreck Project Publication 6, Institute of Nautical Archaeology, Texas A & M University (2012). (J. Barto Arnold and Matthew Cordon)
Presentations
• "Evidence Jeopardy," MCLE presentation, Austin Bench Bar Converence, Austin, Texas, April 13, 2013
• "Hearsay - Common Evidentiary Mistakes/Challenges in Family Court," MCLE Presentation, Austin Bench Bar Converence, Austin, Texas, April 13, 2013
• "Evidence Issues in Probate Cases," National College of Probate Judges Annual Conference, San Antonio, TX May 9, 2013
• ""I Object" and Beyond", moderator for a panel of judges at the Texas Bar CLE 35th Annual Advanced Civil Trial Course, Houston, Tx, October 19, 2012
Professor of Law
Publications
• Lead Counsel, Co-Author, Amicus Brief on behalf of interested law professor, In re Crystal Power Co (No. 11-40115) (asking the 5th Circuit to reform its mandamus jurisprudence for both precedential and policy reasons)
• Lead counsel for a group of law professors, as amicus curiae, in Gunn v. Minton, a case pending before the Supreme Court.
See at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2181397
Adjunct Professor of Law
Publications
• Go Beyond Stereotyping Others, Austin American Statesman, March 23, 2013, at E7
• Gaining Wisdom From Those Who Look Different, Austin American Statesman, February 22, 2013, at E4
• Time to Rethink How We View Our Tragedies, Austin American Statesman, December 29, 2012, at E11
• Contributing Editor, General Practice Digest, State Bar of Texas, Environmental Law
• Focus on Today and This Moment, Austin American Statesman, November 10, 2012, at E6
• Who is a "Good Christian"?, Austin American Statesman, September 8, 2012, E5
• Being Good Samaritan is as Simple as Stopping, Austin American Statesman, June 16, 2012, at E5
Presentations
• The Intersection of Environmental Law and Construction Law, Dallas Bar Association, April 25, 2013
• Coordinated and Participated in Career Exploration: Environmental Law, University of Texas Law School, April 4, 2013
• Coordinated and Participated in Baylor's 2013 Environmental Forum on Hydraulic Fracturing, February 19, 2013
Professional Activities
• Chair of the Law School Committee of the Environmental and Natural Resources Law Section of the State Bar of Texas
Honors
• Named in Best Lawyers in America in the categories of Environmental Law and Water Law, (15 consecutive years in the areas of Environmental Law and Water Law)
Professor of Law and The George G. Kelly Professor of Law
Professional Activities
• 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
Dean
Publications
• Nonprofit Student Lenders and Risk Retention: How the Dodd-Frank Act Threatens Students' Access to Higher Education and the Viability of Nonprofit Student Lenders, co-authored with Carolyn P. Osolinik, 64 Baylor Law Review 158 March 2012)
• Sexual Misconduct with Congregants or Parishioners: Crafting a Model Statute, co-authored with Kris Helge, 1 Brit. J. Am. Legal Stud. 189 (Spring 2012)
• 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., forthcoming).
• Sexual Misconduct of Clergypersons with Congregants or Parishioners – Civil and Criminal Liabilities and Responsibilities, co-authored with Kris Helge (web based article published as part of the Ford Foundation grant project of Dean Diana Garland on clergyperson sexual misconduct involving congregants or parishioners)
See at www.baylor.edu/content/services/document.php/96096.pdf
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.
Professor of Law
Publications
• Torts: Principles in Practice (Cases and materials) (Aspen 2014).(forthcoming)
• Fundamental Pretrial Advocacy: A Strategic Guide to Effective Litigation (West 2d ed.)(June 2012)
Professor of Law
Presentations
• " Economic Loss Rule: Texas 2013 Update," CLE presentation at 5th Annual Damages in Civil Litigation Conference, State Bar of Texas, Houston, March 2013, with paper (31 pages)
• "Applying the Economic Loss Rule in Texas," CLE presentation at University of Texas Page Keeton Civil Litigation Conference, Austin, October 2012, with paper (46 pages)
• "Advocating Damages", Texas Bar CLE 35th Annual Advanced Civil Trial Course, Houston, October 17, 2012
• "Why Jurors Assess Big Damages," CLE presentation at Advanced Civil Trial Seminar, State Bar of Texas, San Antonio, July 2012/Dallas, August 2012/Houston, September 2012, with paper (36 pages)
• CLE presentation at LA Law Damages Seminar, Los Angeles, CA, May 19, 2012
• "Applying the Economic Loss Rule in Texas," CLE presentation at Damages in Civil Litigation 2011, State Bar of Texas, Dallas, February 2012, with paper (35 pages)
