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Janet Perez
1114 S. University Parks Dr.
One Bear Place #97288
Waco, TX 76798

254.710.6681
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
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.
Asset Protection Planning - - Getting Ready for Marriage in Texas at the South Texas College of Law & 28th Annual Wills and Probate Institute," Houston, September 20, 2013.
Creditors' Rights In And To The Marital Estate: What Property Is Liable For Which Debts? at the State Bar of Texas Advanced Estate Planning and Probate Course in Houston on June 26, 2013 with paper.

Presentations

• “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.
• “Getting Ready for Marriage in Texas,” Tarrant County Probate Bar Association in Ft. Worth on December 5, 2013.
• "Recent Developments in Estate Planning and Administration," Community Bank & Trust Luncheon in Waco, September 6, 2013.
• "His, Her Or Their Property: A Primer On Marital Property Law In the Community Property States" at the 2013 Skills Training for Estate Planners, New York Law School, New York, NY on July 15, 2013.
• "Understanding The Transfer Tax and Its Impact on Estate Planning" at the 2013 Skills Training for Estate Planners at New York Law School in New York, NY on July 14, 2013.

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, 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

Associate 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

Expanding Tort Liability to Include Failure to Recall (In Progress)
Insurance Coverage for Elite Student Athletes, with Joshua J. Lens (In Progress)
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).
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).

Luke Meier

Associate Professor of Law

Publications

Probability, Confidence, and the Reasonable Jury Standard, MISSISSIPPI LAW JOURNAL (forthcoming 2014)
A Contextual Approach to Claim of Right in Adverse Possession Cases: On Van Valkenburgh v. Lutz, Bad Faith, and Mistaken Boundaries LEWIS AND CLARK LAW REVIEW (Forthcoming 2015)
Probability, Confidence, and Matsushita: The Misunderstood Summary Judgment Revolution, BROOKLYN JOURNAL OF LAW AND POLICY (Forthcoming 2015)

Elizabeth Miller

Professor of Law

Publications

TEXAS METHODS OF PRACTICE, TEXAS PRACTICE SERIES (Vol. 13), West (2013) (co-author)
BUSINESS ORGANIZATIONS, TEXAS PRACTICE SERIES (Vols. 19, 20 & 20A), West (3rd ed. 2011; 2013 Annual Supplement) (co-author)
UNINCORPORATED BUSINESS ENTITIES, LexisNexis (5th ed. 2013) (co-author)
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)
Shareholder and LLC Member Oppression in Texas, 8th Annual Fiduciary Litigation Course, State Bar of Texas (December 6, 2013)
Recent Case Law Developments for Texas Business Law Practitioners, 11th Annual Advanced Business Law Course, State Bar of Texas (November 7, 2013)
Selected Recent (Non-Delaware) LLC Cases, 2013 LLC Institute, LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association (October 18, 2013)
Selected Recent LLC Cases, 30 LLC & PARTNERSHIP REPORTER, No. 2, p. 54 (September 2013)
Current Issues in Use of (and Litigation Involving) LLCs, Dallas Bar Association (September 6, 2013)
The Walking Dead: Forfeitures and Involuntary Terminations of Filing Entities, 2013 LLCs, LPs and Partnerships, University of Texas School of Law (July 12, 2013)
Case Law Update: A Survey of Recent Texas Partnership and LLC Cases, 2013 LLCs, LPs and Partnerships, University of Texas School of Law (July 11, 2013)

Presentations

• “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)
• "Shareholder Oppression," 8th Annual Fiduciary Litigation Course, State Bar of Texas (December 6, 2013)
• "Case Law Update," 11th Annual Advanced Business Law Course, State Bar of Texas (November 7-8, 2013)
• "Recent Case Update" 2013 LLC Institute, LLCs, Partnerships and Unincorporated Entities Committee of the Business Law Section of the American Bar Association (October 17-18, 2013)
• "Current Issues in Use of (and Litigation Involving) LLCs," Dallas Bar Association (September 6, 2013)
• "The Walking Dead: Forfeitures and Involuntary Terminations of LLCs and LPs," 2013 LLCs, LPs and Partnerships in Austin, TX (July 10, 11, & 12, 2013)
• "Case Law Update," 2013 LLCs, LPs and Partnerships in Austin, TX (July 10, 11, & 12, 2013)

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

Honors

• Recipient of the 2013 Martin I. Lubaroff Award presented by the Business Law Section of the American Bar Association at the 2013 LLC Institute in Washington D.C. on October 17, 2013.

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, Mike Morrison, James Wren, and Chris Galeczka, 65 Baylor L. Rev., Number 3, 824-937 (January 2014)
Expedited Civil Actions in Texas, Texas Association of Defense Counsel Magazine (Summer 2013)
• Contributing Editor on Defamation and Invasion of Privacy, Texas Association of Defense Counsel Professional Newsletters/Case Law Updates, 2005 - Present

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

Honors

• Program Director for the TADC annual Sprinhg meeting in Washington, D.C., with responsibility to plan and conduct two days of MCLE programming.
• Selected to return the "Session of Ruling Elders" at First Presbyterian Church as an active "Ruling Elder".
• On September 20, Mike received the 2013 President's Award for Leadership, Service and Dedication from the Texas Association of Defense Counsel at the annual meeting in Boston. The other recipient of this year's award was Mitch Smith, a Baylor law graduate.
• Elected to the board of the Forum for Education Abroad. The Forum is recognized by the federal government as the official standards setting entity for U.S. study abroad programs.
• 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.
• Re-Elected to the Board of Directors of the Texas Association of Defense Counsel, August 2013.

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)

Presentations

• “Social Privacy Myths Debunked” to the Central Texas Public Relations Society of America, Waco, Texas, November, 14, 2013

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

Professional Activities

• Institutional Enforcement Policy: Secondary Violations and Major Infractions at the Big 12 2013 Summer Rules Workshop on June 20, 2013
• General Session - Academic Integrity and Fraud Issues: Trends and Challenges at the 2013 NAAC Convention on June 12-13, 2013

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

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.
True Friendships are Holy Union, Austin American Statesman, August 31, 2013 at F6
Health Scare Reminds of What?s Important in Life, Austin American Statesman, July 6, 2013 at E6

Presentations

• "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
• Coordinated and participated in Environmental Law Practice and Career panel in Houston for University of Houston and South Texas law students, October 17, 2013

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 2014/20th 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 15th 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

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

May 12
    Classes Begin

May 26
    Memorial Day Holiday

July 4
    Independence Day Holiday

July 15
    Upper Level Classes End

July 15
    First Year Classes End

July 16-17
    Upper Level Reading Days

July 17-18
    First Year Reading Days

July 18
    Upper Level Exam Period Begins

July 19
    First Year Exam Period Begins

July 24
    Upper Level Exams End

July 25
    First Year Exams End

August 2
    Commencement

Faculty Events
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