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 Materials published by Cognella Publishing 2016.

Matthew Cordon

Professor of Law

Publications
  • Co-author, Researching Texas Law (forthcoming, 4th ed.)
  • Contributing author and editor, American Law Yearbook 2017 (forthcoming)
Presentations
  • "Training the Solo Practitioner: Lessons from Legal Mapmaker," at Rocky Mountain Legal Writing Conference, Phoenix, Arizona, April 2017.
  • Seminar for Excellence in Teaching on "Completing the Feedback Loop: Providing Effective Feedback for Students’ Written Work Without Losing your Mind," on behalf of the Baylor University Academy of Teaching and Learning, co presented with Scott Fraley, October 2016.
Professional Activities
  • Contributing author, Gale Encyclopedia of Senior Health (2d ed. 2015).
  • Featured Author Spotlight, William S. Hein & Co., Inc.: Author Spotlight

Thomas M. Featherston, Jr.

Professor and The Mills Cox Professor of Law

Publications
  • West's Texas Practice Guide-Probate 2016/2017 Edition, Three Volumes (Co-Authored).
Presentations
  • “Community Property for Common-Law Lawyers” at the American College of Trust and Estate Counsel’s Rocky Mountain Regional Meeting in Austin. (September 2017).
  • “Texas Marital Property Law for Estate Planning and Administration” at the Texas Society of Certified Public Accountant’s Advanced Estate Planning Seminar in San Antonio. (August 2017).
  • Two presentations (“An Introduction to the Marital Property Law of the Community Property States” and “An Introduction to the Transfer Tax”) at the American Bar Association’s Skills Training for the Estate Planning Course in New York City. (July 2017).
  • “The 21st Century Trust: An Evolving Concept,” as part of a panel discussion on “Flexibility Versus Settlor’s Intent” at the State Bar of Texas’ Advanced Estate Planning and Probate Course in Houston. (June 2017).
  • “Marital Property Issues in Estate Planning and Administration,” a two-hour presentation at the Corpus Christi Estate Planning Council’s Annual Estate Planning Seminar in Corpus Christi. (May 2017).
  • “Texas Marital Property Law for Estate Planning and Administration” at the Austin Bar Association’s Annual Estate Planning and Probate Section All-Day CLE in Austin. (May 2017).
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 Committee 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 M. Fraley

Assistant Professor of Law

Publications
  • "Texas: Impact of the Expedited Actions Rules on the Texas County Courts at Law (National Center for State Courts)" Civil Justice Initiative, September 1, 2016.
  • "Medical Malpractice: The Defense Perspective" The Advocate, State Bar of Texas Litigation Section, Winter 2016.
Presentations
  • “Why Gritty, Resilient Women Are More Likely to Be Successful, Happy Leaders and How You Can Be Too,” with Associate Dean Leah Jackson Teague, 3rd Biennial International Leadership Association Women and Leadership Conference, Omega Institute, Rhinebeck, NY (June 14, 2017).
  • "Proving a Better Damages Case", Dallas Bar Association, Trial Skills Section, April 21, 2017.
  • "Joint Enterprise: A Theory for Expanding the Available Pool of Assets," Texas Medical Liability Trust: Defense Counsel Seminar, November 2016.
  • "Choosing Your Best Jury," McLennan County Bar Association, October 2016.

Scott Fraley

Director of Legal Writing

Publications
  • A Practical Guide to Litigation Drafting: the Art and Craft, Cognella, Fall 2017.
Presentations
  • Seminar for Excellence in Teaching on "Completing the Feedback Loop: Providing Effective Feedback for Students’ Written Work Without Losing your Mind," on behalf of the Baylor University Academy of Teaching and Learning, co presented with Matt Cordon, October 2016.
Professional Activities
  • Co-chair, AALS LWRR Program Committee 2018.
  • Member, AALS LWRR Program Committee 2017.
  • Member, ALWD Program Committee 2017.

Bridget Fuselier

Professor of Law

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

Laura Hernandez

Professor of Law

Publications
  • "Separate and Legally Unequal-How the Demonization of Immigrants Affects United States Policy," 9 DUKE F. L. & SOC. CHANGE 37 (2017).
Presentations
  • “Separate and Definitely Not Equal – The Demonization of Immigrants and the American Dream,” Duke Law School's Forum for Law and Social Change. The conference discussed geographic and racial borders, February 10, 2017.
Professional Activities
  • Named as a Latina Commissioner by Pedro J. Torres-Diaz, the Presidentof the Hispanic National Bar Association ("HNBA"). She will be working on diversity pipeline issues in the legal profession. During Professor Hernandez's time as the coach for the Baylor Law moot court team, the HNBA has presented several Baylor Law students with over $30,000 in cash awards for their outstanding advocacy.

Jill W. Lens

Professor of Law

Publications
  • "Defective Punitive Damages," 2017 UTAH L. REV. (forthcoming 2017).
  • "An Undetectable Constitutional Violation," 106 KY. L. J. (forthcoming 2017).
  • "Justice Thomas, Civil Asset Forfeitures, and Punitive Damages," 51 UC DAVIS L. REV. ONLINE (forthcoming 2017).

Luke Meier

Professor of Law

Publications
  • "The Reviewability of Denied Twombly Motions," 84 U. OF CINCINNATI L. REV.(forthcoming 2016).
  • "The Validity of Restraints on Alienation in an Oil and Gas Lease," 63 BUFFALO L. REV. 305 (2016), co-authored with Professor Rory Ryan.

Elizabeth Miller

Professor of Law

Publications
  • TEXAS METHODS OF PRACTICE, TEXAS PRACTICE SERIES (Vol. 13), West, 2017 (co-author).
  • BUSINESS ORGANIZATIONS, TEXAS PRACTICE SERIES (Vols. 19, 20 & 20A), West (3rd ed. 2011; 2016-2017 Annual Supplement) (co-author).
  • "Model Company Agreements, 26th Annual LLCs, LPs and Partnerships," University of Texas School of Law, July 13, 2017.
  • "Case Law Update: A Survey of Recent Texas Partnership and LLC Cases," 26th Annual LLCs, LPs and Partnerships, University of Texas School of Law, July 13, 2017.
  • "The Walking Dead: Forfeitures and Involuntary Terminations of Filing Entities," 15th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 19, 2017.
  • "Structuring Law Firm Organizations and Related Ethics Issues," 15th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 19, 2017.
  • "Distinction With a Difference? Recent Developments Relating to Corps, LLCs, LPs, LLPs…," General Practice Institute, Baylor CLE, April 28, 2017.
  • "A Sampling of Recent (Non-Delaware) Partnership and LLC Cases", Business Law Section Spring Meeting, American Bar Association, April 7, 2017.
  • "The Limits of Limited Liability: Veil Piercing and Other Bases of Personal Liability of Owners, Governing Persons, and Agents of Texas Business Entities," 8th Annual Essentials of Business Law Course, State Bar of Texas, March 9, 2017.
  • "Recent (Non-Delaware) Partnership and LLC Cases," 2017 National CLE Conference, CBA-CLE, January 7, 2017.
  • "A Potpourri of Recent (Non-Delaware) Partnership and LLC Cases," 2016 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Business Entities, American Bar Association, October 20, 2016.
  • "A Potpourri of Recent (Non-Delaware) LLP and LLC Cases," 33 LLC & PARTNERSHIP REPORTER, No. 2 p. 58, October 2016.
Presentations
  • “Model Company Agreements: Refinements and Updates,” 26th Annual LLCs, LPs and Partnerships, University of Texas School of Law, July 13, 2017.
  • “Case Law Update,” 26th Annual LLCs, LPs and Partnerships, University of Texas School of Law, July 13, 2017.
  • “Considerations When the Entity is Among the Walking Dead: Whether to File for Bankruptcy or Let the Entity Charter Be Forfeited,” 15th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 19, 2017.
  • “Whether Law Firms Should Be Limited Liability Partnerships, Professional Limited Liability Companies, or Professional Corporations, or Other Forms and Related Ethical Issues,” 15th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 19, 2017.
  • “Business Organizations Update,” General Practice Institute, Baylor CLE, April 28, 2017.
  • “LLC Case Law Update,” Business Law Section Spring Meeting, American Bar Association, April 7, 2017.
  • “Recent Case Law Developments for Alternative Entities,” 2017 National CLE Conference, CBA-CLE, January 7, 2017.
  • "Case Law Update (Non-Delaware)," 2016 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Business Entities, American Bar Association, October 20, 2016.
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.
  • Elected Member, American Law Institute.

Michael Morrison

Professor of Law

Professional Activities
  • Elder of the First Presbyterian Church of Waco and Trustee of the First Presbyterian Church of Waco Foundation
  • Trustee of The Madison Cooper and Martha Roane Cooper   Foundation
  • Texas Association of Defense Counsel, Board of Directors and Programs Vice President
  • Moderator of the Waco Leadership Forum, 2005
  • Board of Directors, Association for Good Government
  • Public Policy Fellow of the U.T. Center for Public Policy Dispute Resolution
Honors
  • Texas Association of Defense Council President’s Award
  • Fellow of the American Bar Foundation and the Texas Bar Foundation
  • Baylor University Outstanding Professor Award
  • Texas Bar Foundation Outstanding Journal Article Award

Connie Powell Nichols

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).

Justice Jan Patterson

Justice in Residence

Publications
  • "Justice Critical Enough a principle to Pursue Through the Years", Waco Tribune-Herald (July 3, 2017).
  • "Jury Duty Teaches Us About Justice, One Another," Waco Tribune-Herald (April 29, 2017).
Presentations
  • "On the Death Penalty in America in 2017," Persentation and Moderator of Panel on the Death Penalty at conference of the Philosophical Society of Texas, February 18, 2017.
Professional Activities
  • Assisting Baylor Law School to partner with the National Judicial College in sponsoring the NJC's Dividing the Waters program, November 2017.
  • Featured in The National Judicial College Newsletter, October 2016.

Michael Rogers

Professor of Law

Professional Activities
  • Director of the McLennan County Dispute Resolution Center.
  • Chair, Baylor's NCAA Pro Sports Counseling Panel.
  • Program Director for the General Practice Institute on April 22, 2016.
  • Board Member, Dispute Resolution Center (McLennan County).
  • Coach for the Mediator Training Program in March and April 2016.

Rory Ryan

Professor of Law

Publications
  • "The Validity of Restraints on Alienation in an Oil and Gas Lease," 63 BUFFALO L. REV. 305 (2016), co-authored with Professor Luke Meier.

Walt Shelton

Adjunct Professor of Law

Publications
  • "Turn Worry into Meditation," Austin American Statesman, October 14, 2017 at E9.
  • "Have the Wisdom to See another Person in a Time of Need," Austin American Statesman, July 8, 2017 at E9.
  • "Exercised as Compassion, Kindness, Religion can have Role in our Politics," Austin American Statesman, June 30, 2017 at A11.
  • "Careful What You Wish for When Cutting Back the EPA," Austin American Statesman, March 25, 2017 at A9.
  • "Zen and the Art of Practice: Ethical Considerations When an Attorney and Consultant Represent the Same Client", TexasBar CLE, 18th Annual Changing Face of Water Rights, February 2017.
  • "Bonhoeffer's Life Reminds: Use Faith to Help, Not to Exclude Others," Austin American Statesman, February 18, 2017, at E9.
  • "Reversal of Fortune," Austin American Statesman, December 10, 2016 at E9.
  • "Stewardship and the Reuse of Texas Water," 48 Tex. Tech L. Rev. 829 (2016).
Presentations
  • “Zen and the Art of Practice: Ethical Considerations When an Attorney and Consultant Represent the Same Client,” 18th Annual Changing Face of Water Rights, San Antonio, February 23, 2017.
  • Coordinated and moderated "Environmental and Energy Law in the Trump Administration" panel at Baylor Law School, February 15, 2017.
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.
  • Co-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 2018/24th annual edition of The Best Lawyers in America in the practice areas of Environmental Law and Water Law.  Professor Shelton has been recognized in Best Lawyers since 1999.

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

Presentations
  •  “The Role of Leadership in Law School Education: More than just an ‘other’ skill,” 2017 Institute for Law Teaching and Learning, Little Rock, AR (July 8, 2017).
  • “Why Gritty, Resilient Women Are More Likely to Be Successful, Happy Leaders and How You Can Be Too,” with Assistant Professor Elizabeth M. Fraley 3rd Biennial International Leadership Association Women and Leadership Conference, Omega Institute, Rhinebeck, NY (June 14, 2017).
  • “IDEALS: Identify, Develop, Encourage, Advance, Link and Support Women Leaders in Higher Education,” 3rd Biennial International Leadership Association Women and Leadership Conference, Omega Institute, Rhinebeck, NY (June 12, 2017).
  • “Resources for Baylor Women in the Academy,” Going for the Gold in Higher Education: On Mentors, Research, Huddles, and Panache, Baylor University (May 29, 2017).
  • “Moving the Needle Update,” American Council on Education State Networks Conference, Washington, D.C. (February 18, 2017).
  • "Moving the Needle: Strategies for Advancing Women Leaders in Higher Education," Workshop at International Leadership Association 18th Annual Global Conference, Atlanta, GA, (November 4, 2016).
Professional Activities
  • Chair, Strategic Initiative Committee, American Council on Education’s Women’s Network Executive Council.
  • Secretary and Treasurer, Baylor Law Alumni Association
  • Executive Committee, Board of Directors, Texas Federal Tax Institution.

Bradley J. B. Toben

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

Honors
  • Panelist, "The Crisis in Legal Education Today: Structual Impediments to Change," highlighting the challenges facing legal education at the Fifth Circuit Conference in Houston, May 2016.
  • Panelist, "How to Be the Best Lawyer: Religion, Moraility, and Justice," the presentation on the relationship of the legal profession and faith and moral perspectives at the State Bar of Texas Annual Meeting in Fort Worth, June 2016.
  • 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
  • Elected Member, American Law Institute.
  • 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 (McLennan County).
  • Chair, ABA Law Student Division, Client Counseling Subcommittee.
  • Contributor, General Practice Digest (Family Law).