Faculty Scholarship

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 Vitae, which can be found on their profile page.

Ron Beal

Professor of Law

Publications
  • “Waiver of Governmental Immunity: Its Application to Agency Contested Case Proceedings and Settlements,” Baylor Law Review (to be published in the Fall of 2019).
  • Submitted amicus briefs in the following cases regarding Texas administrative law: Hyundai Motors America v. Tex. Dept. of Motor Veh., 03-17-00761-CV (3rd Court)(2 briefs); Denbury Onshore v. TCEQ, 03-17-00499-CV (3rd Court)(two briefs); Freshour v. Van Boven, 03-18-00817-CV (3rd Court)(4 briefs); Sullivan v. TEC, 18-0580 (S.Ct.)(1 brief); and City of Waco v. Citizens To Save Lake Waco, 10-17-00202-CV (10th Court)(1 brief).
  • The 22nd yearly update to the two volume treatise of Texas Administrative Practice and Procedure (Lexis, 21st Ed. 2018). Professor Beal’s treatise is routinely cited by the Texas Supreme Court and the Austin Court of Appeals in matters of administrative law.
  • “Op Ed in the Austin American Statesman, the Dallas Morning News, the Fort Worth Star Telegram and the San Antonio Express News on the issue of “Holdover Officers.” Governor Abbott believes he has the authority to allow State Officers to remain in office after their term expires for up to 9 years later without Senate confirmation. Professor Beal sets forth how this is a clear violation of the Constitution and that these officers lack the legal authority to exercise the powers of their offices. In addition, it confers unconstitutional power upon Governor Abbott to wholly control their actions since they have no set term and serve at his pleasure.” San Antonio Express April 29, 2019, Fort Worth Star Telegram April 26, 2019, Dallas Morning News April 23, 2019 and Austin American Statesman, May 2, 2019.
  • Op Ed in the Dallas Morning News on the power of the Governor and his ability to participate in agency rulemaking, October 28, 2018.
Presentations
  • 31st Annual Texas Administrative Law Course sponsored by the State Bar of Texas, “Adopting a Rule? Do You Need to Repeal a Rule?”, held in Austin on June 6-7, 2019. This is a new issue related to the adoption of Tex. Gov’t Code, Section 2001.0045 of the Texas Administrative Procedure Act.
  • Lectured at the Travis County Bar Association, Administrative Law Bar Section, “Nuts and Bolts of Administrative Law” seminar on March 1, 2019. He spoke on the topic of the substance of the Motion for Rehearing.
  • Interview regarding "The Power of the Governor of the State of Texas", on Spectrum's Capital Tonight, August 20, 2018.

Matthew Cordon

Professor of Law

Publications
  • Co-author, Researching Texas Law (forthcoming, 4th ed.)
  • Contributing author and editor, American Law Yearbook 2017 (forthcoming)
Professional Activities
  • Contributing author, Gale Encyclopedia of Senior Health (2d ed. 2015).
  • Featured Author Spotlight, William S. Hein & Co., Inc.: Author Spotlight

Jeremy Counseller

Professor of Law

Publications
  • Civil Procedure In Focus (with Eric Porterfield), Wolters Kluwer, NY, NY (2018).

Thomas M. Featherston, Jr.

Professor and The Mills Cox Professor of Law

Publications
  • West's Texas Practice Guide-Probate 2018/2019 Edition, Three Volumes (Co-Authored).
  • “Marital Property Character of Property After Change of Domicile or Shift in Situs,” Dallas Estate Planning Council, January 2019.
Presentations
  • Austin Bar Association, Estate Planning & Probate Section, "Marital Property Interests in Business Entities and Express Trusts," May 2019.
  • Baylor Estate Planning Network, "Marital Property Interests in Business Entities and Express Trusts," May 2019.
  • Dallas Estate Planning Council, "Marital Property Character of Property After A Change of Domicile or Shift in Situs," January 2019.
  • Tarrant County Probate Bar Association, Fort Worth, “Marital Property Interests in Business Entities,” December 2018.
  • Houston Estate and Financial Forum, Houston, “Marital Property Interests in Business Entities,” October 2018.
  • Community Bank and Trust, Waco, “Marital Property Interests in Trusts,” October 2018..
Professional Activities
  • ABA Advisor to the Uniform Law Commission's Drafting Committee to Revise the Uniform Disposition of Community Property Rights at Death Act.
  • 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

Associate Professor of Law

Publications
  • Texas Rules of Evidence with Objections, 5th Edition co-authored with Gerald Powell and Judge Ed Kinkeade.
Presentations
  • Speaker, Voir Dire, TMLT Defense Counsel Seminar, November 9, 2018.
  • Moderator and Panelist, Dallas Bar Association’s Inspiring Women X, October 31, 2018.
  • RelativityFest: Panelist, Innovation and Law School Education, October 2, 2018.
  • Speaker, “Proving a Better Damages Case”, TADC, September 20, 2018.
  • Speaker, “Back to the Basics:  Evidence,” Judicial Education Conference, September 6, 2018.
  • Keynote Speaker, “#Hell on Heels” luncheon, August 13, 2018.
  • Speaker, “Better Story Telling” American University:  Coaches and Competitions Conference.  Panelist -Updates in Scholarship and educational objectives with Mock Trial. August 10 –11, 2018.

Bridget Fuselier

Professor of Law

Publications
  • Defining 7 Acquiring Interests in Property (Aspen 2018).
Professional Activities
  • Baylor Teaching Fellow
  • Executive Director, Baylor Veterans Clinic
  • Editor (Easements & Covenants), REPTL Reporter
  • Contributing Editor (Real Estate), General Practice Digest

Laura Hernandez

Professor of Law

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.

Luke Meier

Professor of Law

Publications
  • "The Reviewability of Denied Twombly Motions," 84 U. OF CINCINNATI L. REV.(forthcoming).

Elizabeth Miller

Professor of Law

Publications
  • TEXAS METHODS OF PRACTICE, TEXAS PRACTICE SERIES (Vol. 13), West, 2018-2019 (co-author).
  • BUSINESS ORGANIZATIONS, TEXAS PRACTICE SERIES (Vols. 19, 20 & 20A), West (3rd ed. 2011; 2018-2019 Annual Supplement) (co-author).
  • “Case Law Update: A Survey of Recent Texas Partnership and LLC Cases,” 28th Annual LLCs, LPs and Partnerships, University of Texas School of Law, July 18, 2019.
  • “Model Company Agreements for Simple LLCs,” Nuts and Bolts of LLCs, LPs and Partnerships, University of Texas School of Law, July 17, 2019.
  • “Fiduciary Duties, Exculpation, and Indemnification in Texas Business Organizations,” 17th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 24, 2019.
  • “The Walking Dead: Forfeitures and Involuntary Terminations of Filing Entities,” 38 CORP. COUNSEL Rev. 1, May 2019.
  • “Miscellaneous Recent (Non-Delaware) Partnership and LLC Cases,” Annual LLC Case Law Update, American Bar Association Business Law Section Spring Meeting 2019, March 29, 2019.
  • “Model Company Agreements for Simple LLCs,” Essentials of Business Law: Practical Considerations, State Bar of Texas, March 14, 2019.
  • “Miscellaneous Recent (Non-Delaware) Partnership and LLC Cases,” 34 LLC & PARTNERSHIP REPORTER, No. 3, p. 28, March 2019.
  • “Miscellaneous (Non-Delaware) Partnership and LLC Cases,” 2018 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Entities, American Bar Association, October 11, 2018.
Presentations
  • “Case Law Update,” 28th Annual LLCs, LPs and Partnerships, University of Texas School of Law, July 18, 2019.
  •  “Restricting or Eliminating Fiduciary Duties in Texas and Delaware: Drafting Tips and Pitfalls,” 17th Annual Choice, Governance & Acquisition of Entities Course, State Bar of Texas, May 24, 2019.
  • “Taking Care of Business: Entities, Divorce and Claims Outside the Family Code,” Gulf Coast Family Law Specialists, April 11, 2019.
  •  “Miscellaneous Recent (Non-Delaware) Partnership and LLC Cases,” Annual LLC Case Law Update, American Bar Association Business Law Section Spring Meeting 2019, March 29, 2019.
  •  “Drafting Limited Liability Company Agreements,” Essentials of Business Law: Practical Considerations, State Bar of Texas, March 14, 2019.
  • “Current Developments in Texas Business Organizations Law,” Austin Bar Association—Business, Corporate, and Tax Law Section, January 30, 2019.
  • “Respecting the Entity: The LLC Grows Up,” Association of American Law Schools 2019 Annual Meeting, January 5, 2019.
  • “Case Law Update (Non-Delaware),” 2018 LLC Institute, Committee on LLCs, Partnerships and Unincorporated Entities, American Bar Association, October 11, 2018.
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, Uniform Law Commission.
  • 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).

Gerald Powell

Professor of Law

Publications
  • Texas Rules of Evidence with Objections, 5th Edition co-authored with Elizabeth Fraley and Judge Ed Kinkeade.

Brandon Quarles

Director of the Law Library & Professor of Law

Publications
  • Co-author, Researching Texas Law(4th ed. 2019)

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.

Walt Shelton

Adjunct Professor of Law

Publications
  • "Bring Comfort Instead of Answers to Those in Grief," Austin American Statesman, August 3, 2019, at E9
  • “Handle with Care the Words we Use,” Austin American Statesman, May 26, 2019, at E9
  • "Finding the Universal Truth of that First Easter," Austin American Statesman, April 13, 2019, at E9.
  • “Confronting Death at an Early Age Informs How we Live Today,” Austin American Statesman, March 16, 2019, at E9
  • "What do you See and What are you Missing?", Austin American Statesman, October 27, 2018, at E9.
Presentations
  • "The Workplace as Sanctuary," Highland Park Baptist Church, Austin, October 10 and 17, 2018.
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 2020 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 for 21 consecutive years.

Leah Witcher Jackson Teague

Associate Dean and Professor of Law

Publications
  • “Training Lawyers for Leadership: Vitally Important Mission for the Future Success (and maybe survival) of the Legal Profession and Our Democracy,” 58 Santa Clara L Rev 633 (2018).
  • "Lawyers as Leaders: Community Engagement and Leadership Benefits All," 81 Tex. B. J. 88 (2018).
Presentations
  • “Tax Consequences of Litigation After the Tax Cuts and Jobs Act,” Attorney Information Exchange Group, Charleston, S.C. (April 11, 2019).
  • “Leadership Development in Law Schools: What are We Doing Now?” University of Tennessee Law Institute for Professional Leadership Roundtable, Knoxville, TN. (April 4, 2019).
  • “Components of an Effective Leadership Class,” University of Tennessee Institute for Professional Leadership Roundtable, Knoxville, TN. (April 4, 2019).
  • “Law and Leadership,” Live with Kellye and Ken Monthly Dialog Webcast (April 1, 2019).
  • “Lawyer as Leaders: What you do matters!,” Office of U.S. Immigration and Customs Enforcement Monthly Webcast (March 27, 2019).
  • “The Lawyer’s Legacy: May Your Footprint Be Larger Than Your Foot,” Waco-McLennan County Bar Association CLE Luncheon (November 9, 2018).
Professional Activities
  • Chair-Elect, AALS Section on Leadership.
  • 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

Professional Activities
  • Panelist, "The Crisis in Legal Education Today: Structual Impediments to Change," highlighting the challenges facing legal education at the Fifth Circuit Conference and at the Eastern District of Texas Bench Bar Conference.
  • Panelist, "How to Be the Best Lawyer: Religion, Morality, and Justice," the presentation on the relationship of the legal profession and faith and moral perspectives at the State Bar of Texas Annual Meeting.
  • Panelist, “Implications of T.C. Heartland in Setting Venue in Intellectual Property Litigation.”
  • 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.
Honors
  • 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 25 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  (2nd ed. Wolters Kluwer 2018).
  • Complex Litigation, A Context and Practice Casebook (Carolina Academic Press 2018).
Presentations
  • Speaker, “Economic Loss Rule”, 11th Annual Business Disputes Texas Bar CLE (forthcoming Austin, September 25, 2019).
  • Panelist, “Proposed Changes to Class Action Practice,” 18th Annual Complex Litigation Symposium (New Orleans, LA November 9, 2018).

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).