Kansas Law Review

2019 Kansas Law Review Symposium

Antitrust Law and Policy in the 21st Century

November 8, 2019 | 8:45 AM - 4:30 PM
104 Green Hall | University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS

No CLE credit will be offered during the symposium.

Antitrust law has returned to prominence on the national stage. The 2019 Kansas Law Review Symposium will explore the legal and economic questions raised by recent developments in antitrust law.

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Speakers include:

• Roger P. Alford | Notre Dame Law School
• Elyse Dorsey | Federal Trade Commission
• Jéssica Dutra | Economists Incorporated
• Thom Lambert | University of Missouri School of Law
• Derek Schmidt | Attorney General, State of Kansas
• Kristian Stout | International Center for Law & Economics
• Sean Sullivan | The University of Iowa College of Law
• John Yun | Antonin Scalia Law School, George Mason University

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Cost

The symposium is free and open to the public, but registration is required. 

Registration

Registration will begin at 8:00 a.m. on the day of the symposium.

Parking

Visitor parking in the Allen Fieldhouse Garage is available for $1.75 for the first hour and $1.50 for each subsequent hour. Recent changes require visitors to enter their license plate number and pre-pay for the amount of time they anticipate parking. This must be done within 15 minutes of arrival. More details from KU Parking.

Program Accessibility

We accommodate persons with disabilities. Please submit your request no later than October 25 to cmai@ku.edu or 785-864-9208 TTY: 711.

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Symposium Video

Symposium Issue

Scholarship associated with the symposium will be published in a Spring 2020 issue of the Kansas Law Review.

Questions?

Contact Symposium Editor Alisha Peters at a.peters@ku.edu. 

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Schedule

8:00 - 8:45	Registration
8:45 - 9:00	Welcome Stephen Mazza, Dean, University of Kansas School of Law Alisha Peters, Symposium Editor, Kansas Law Review Joy Merklen, Editor-in-Chief, Kansas Law Review
9:00 - 10:30	Anticompetitive Entrenchment Sean Sullivan, Associate Professor of Law, University of Iowa College of Law Assessing Vertical Mergers and Vertical Restraints in the Digital Age Kristian Stout, Associate Director, International Center for Law & Economics Moderator: Erica Landsberg, Adjunct Faculty, University of Kansas School of Law
10:30 - 10:45	Break
10:45 - 12:15	Use and Abuse of Bargaining Models in Antitrust John Yun, Associate Professor of Law, Antonin Scalia Law School, George Mason University Paradigm Shifts on Merger Efficiencies in Antitrust Analysis Jéssica Dutra, Senior Economist, Economists Incorporated Moderator: Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law
12:15 - 1:15	Lunch
1:15 - 2:45	Surveying the International Landscape of Antitrust Enforcement Roger P. Alford, Professor of Law, Notre Dame Law School Anything You Can Do I Can Do Better — Except in Big Tech? Antitrust's New Inhospitality Tradition Elyse Dorsey, Attorney Advisor, Federal Trade Commission Moderator: Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law
2:45 - 3:00	Break
3:00 - 4:30	Kansas Antitrust Developments in the 21st Century: A Perspective from the Attorney General’s Office Derek Schmidt, Attorney General, State of Kansas The Limits of Antitrust in the 21st Century Thom Lambert, Wall Chair in Corporate Law & Governance and Professor of Law, University of Missouri School of Law Moderator: Jennifer Gille Bacon, Senior Partner, Polsinelli

2018 Kansas Law Review Symposium

Addicted: Legal Perspectives on the Opioid Epidemic

September 21, 2018 | 9 AM - 4 PM
104 Green Hall | University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS

No CLE credit will be offered during the symposium.

Killing over 115 Americans every day, the opioid epidemic has become one of our nation’s foremost health crises. The 2018 Kansas Law Review Symposium will bring together scholars of varying backgrounds to explore legal issues and perspectives related to this epidemic. 

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Cost

The symposium is free and open to the public, but registration is required.

Registration and Breakfast

Registration will begin at 8:30 a.m. on the day of the symposium. A light breakfast will be served.

Parking

Visitor parking in the Allen Fieldhouse Garage is available for $1.75 for the first hour and $1.50 for each subsequent hour. Recent changes require visitors to enter their license plate number and pre-pay for the amount of time they anticipate parking. This must be done within 15 minutes of arrival. More details from KU Parking.

Program Accessibility

We accommodate persons with disabilities. Please submit your request no later than September 7 to cmai@ku.edu or 785-864-9208 TTY: 711.

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Symposium Video

Symposium Issue

Scholarship associated with the symposium will be published in a Spring 2019 issue of the Kansas Law Review.

Questions?

Contact Symposium Editor Erica Ash at kulawrevsymposium@gmail.com.

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Schedule

8:30 - 9:00	Registration & Light Breakfast
9:00 - 9:10	Welcome Elizabeth Kronk Warner, Associate Dean for Academic Affairs, University of Kansas School of Law
9:10 - 9:40	Introduction: The Opioid Epidemic Laura Hines, Professor of Law, University of Kansas and Elizabeth Weeks, Associate Dean for Faculty Development and J. Alton Hosch Professor of Law, University of Georgia
9:40 - 10:30	From Opioids to Marijuana: Out of the Tunnel and Into the Fog James G. Hodge, Jr., Professor of Law, Arizona State University
10:30 - 10:40	Break
10:40 - 11:30	The Role of Health Care Fraud and Abuse Laws in Combating the Opioid Crisis Stacey A. Tovino, Judge Jack and Lulu Lehman Professor of Law, University of Nevada Las Vegas
11:30 - 12:30	Lunch
12:30 - 2:00	Opioid Litigation Financial Impact of Opioids on Local Governments Elizabeth Weeks, Associate Dean for Faculty Development and J. Alton Hosch Professor of Law, University of Georgia Using Opioid Settlement Proceeds for Public Health: Lessons from the Tobacco Experience Micah Berman, Associate Professor of Public Health and Law, Ohio State University
2:00 - 2:10	Break
2:10 - 3:00	Beyond an Emergency Declaration: Tribal Governments and the Opioid Crisis  Stacy L. Leeds, Professor of Law and Vice Chancellor for Economic Development, University of Arkansas
3:00 - 3:50	Defining Harmful Prescribing to Improve Opioid Policy Development and Evaluation Kelly K. Dineen, Assistant Professor & Director, Health Law Program, Creighton University

2017 Kansas Law Review Symposium

Inequity and the Law

October 20, 2017 | 9 AM - 4:15 PM
104 Green Hall | University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS

No CLE credit will be offered during the symposium.

While the law is equated with justice, it is not free from the inequities that exist in society. The Kansas Law Review 2017 Symposium brings together legal scholars and thinkers from a variety of perspectives who will address how inequity affects their fields of expertise, including education, immigration and business.

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Symposium Video

Symposium Issue

Scholarship associated with the symposium will be published in a Spring 2018 issue of the Kansas Law Review.

Questions?

Contact Symposium Editor Meghan Harper at kulawrevsymposium@gmail.com.

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Schedule

8:30 - 9:00	Registration & Light Breakfast
9:00 - 9:10	Welcome Dean Stephen Mazza, University of Kansas School of Law
9:10 - 9:40	Introduction: Inequity as a Legal Principle Lua K. Yuille, Associate Professor of Law, University of Kansas
9:40 - 10:30	Inequity and Education Safety as Curriculum Matthew Shaw, Assistant Professor of Law, Assistant Professor of Education, Vanderbilt University
10:30 - 10:40	Break
10:40 - 11:30	Inequity and Equity in Bankruptcy Richard Hynes, John Allan Love Professor of Law, University of Virginia Co-authored by Steven Walt, Percy Brown, Jr. Professor of Law, University of Virginia
11:30 - 12:30	Lunch
12:30 - 2:00	Inequity and Immigration Discussion Criminalizing Contributions: Theorizing Inequity in Contemporary Immigration Enforcement Jayesh Rathod, Professor of Law, American University Washington College of Law and Alia Al-Khatib, Law Fellow at the Southern Poverty Law Center Migration, Crime, and the Chinese Exclusion Act: Legal Inequity Wrapped in Terms of Dangerousness Yolanda Vazquez, Associate Professor of Law, University of Cincinnati College of Law
2:00 - 2:10	Break
2:10 - 3:00	Courtesy Stigma and Community Destruction as a “Dignity Taking" in “High Crime” Communities Jamila Jefferson-Jones, Associate Professor of Law, University of Missouri-Kansas City School of Law
3:00 - 3:50	The Turn Away from Class: Law and the Political Inequality of the Poor Bertrall Ross, Professor of Law, Berkeley Law

2016 Kansas Law Review Symposium

50th Anniversary Perspectives on the Modern Class Action

October 14, 2016 | 9 AM - 5:30 PM
104 Green Hall | University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS

No CLE credit will be offered during the symposium.

On the occasion of the 50th anniversary of the 1966 Amendments to Rule 23, the symposium will explore the emerging challenges and contemporary contours of the class action. A prestigious collection of scholars, judges, and practitioners will address topics including the ascertainability of class members, post-Comcast heightened scrutiny of class damage models, dual certification of money damages and injunctive class actions, application of the cy pres doctrine to class actions, and the expansion of class actions globally.

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Registration and Breakfast

Registration will begin at 8:30 a.m. on the day of the symposium. A light breakfast will be served.

Parking

Parking is available in the Allen Fieldhouse Parking Garage just southeast of Green Hall for $1.75 for the the first hour and $1.50 each additional hour.

Program Accessibility

We accommodate persons with disabilities. Please submit your request no later than October 7 to cmai@ku.edu or 785-864-9208 TTY: 711.

Symposium Issue

Scholarship associated with the symposium will be published in a Spring 2017 issue of the Kansas Law Review.

Questions?

Contact Symposium Editor Skyler Davenport at kulawrevsymposium@gmail.com.

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Schedule

8:30 - 9:00	Registration
9:00 - 9:10	Welcome & Introduction Dean Stephen Mazza, University of Kansas School of Law
9:10 - 10:00	The Problem with Dual Class Actions (And The Case For Permitting (B)(2) Opt-Outs) Myriam Gilles, Professor of Law, Cardozo School of Law
10:00 - 10:50	The Modern Class Action Rule: Its Civil Rights Roots and Relevance Today Suzette Malveaux, Professor of Law, The Catholic University of America Columbus School of Law
10:50 - 11:00	Break
11:00 - 12:40	Justifying Class Action Limits: Parsing the Debates Over Ascertainability and Cy Pres Robert Bone, G. Rollie White Teaching Excellence Chair in Law, University of Texas School of Law Illuminating Cy Pres: Transparency, Voice, and Accountability in Class Action Settlements Laura Hines, Professor of Law, University of Kansas School of Law
12:40 - 1:40	Lunch
1:40 - 2:30	From Sea to Shining Sea: How and Why Class Actions Are Spreading Globally Deborah Hensler, Judge John W. Ford Professor of Dispute Resolution and Director of Law and Policy Lab, Stanford Law School
2:30 - 3:20	The Intersection of Agencies and Class Actions Adam Zimmerman, Professor of Law, Gerald Rosen Fellow, Loyola Law School
3:20 - 3:40	Break
3:40 - 4:30	Judges Panel Judge Robert Dow, U.S. District Court, Northern District of Illinois Judge John Lungstrum, U.S. District Court, District of Kansas Judge Laura Denvir Stith, Supreme Court of Missouri
4:30 - 5:30	Practitioner Panel Eric Barton, Wagstaff & Cartmell Molly Carella, Shook, Hardy & Bacon Robert Coykendall, Morris Laing Rex Sharp, Rex A. Sharp PA Holly Pauling Smith, Shook, Hardy & Bacon Victoria Smith, Stinson Leonard Street Brad Wilders, Stueve Siegel Hanson

2015 Kansas Law Review Symposium

Sexual Assault on Campus

October 23, 2015 | 9 AM - 4:30 PM
University of Kansas School of Law
Stinson Leonard Street LLP Lecture Hall
104 Green Hall, Lawrence, KS

At a time when campus sexual assault is a frequent media topic, how we should address the problem is a question on the minds of many. This symposium will discuss how laws and regulations do, do not, and should respond to this question. Topics will include, among other things:

• Anti-Rape Culture
• Campus Sexual Violence Reform and the Gendered Use of Legality
• The Title IX Mistake
• The Theory Behind the Regulation of Campus Sexual Misconduct and the Implications for University Process

No CLE credit will be offered during the symposium.

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Symposium Contributors

• Katharine K. Baker, Professor of Law, IIT Chicago-Kent College of Law
• Michelle Landis Dauber, Professor of Law and (by courtesy) Sociology, Stanford Law School
• Aya Gruber, Professor of Law, University of Colorado Law School
• Chrissy Heikkila, Executive Director, Sexual Trauma & Abuse Care Center
• Tamara Rice Lave, Associate Professor, University of Miami School of Law
• Chrysanthi S. Leon, Associate Professor of Sociology and Criminal Justice, Women and Gender Studies, and Legal Studies, University of Delaware
• Sarah L. Swan, Associate-in-Law, Columbia Law School
• Corey Rayburn Yung, Professor of Law, University of Kansas School of Law

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Tentative Schedule

8:30 - 9:00	Registration
9:00 - 9:10	Welcome & Introduction Associate Dean Elizabeth Kronk Warner, University of Kansas School of Law
9:10 - 10:00	Sexual Assault as Sexual Harassment: The Theory Behind the Regulation of Campus Sexual Misconduct and the Implications for University Process Katharine K. Baker, Professor of Law, IIT Chicago-Kent College of Law
10:00 - 10:50	Ready, Fire, Aim: How Universities Are Failing the Constitution in Sexual Assault Cases Tamara Rice Lave, Associate Professor, University of Miami School of Law
10:50 - 11:00	Break
11:00 - 11:50	The Title IX Mistake Corey Rayburn Yung, Professor of Law, University of Kansas School of Law
11:50 - 1:30	Lunch
1:30 - 2:20	An Advocate's Perspective: The Myth of the 'Perfect Victim' Chrissy Heikkila, Executive Director, Sexual Trauma & Abuse Care Center
2:20 - 3:20	Anti-Rape Culture Aya Gruber, Professor of Law, University of Colorado Law School
3:20 - 3:39	Break
3:30 - 4:20	Law, Mansplaining and Myth Accommodation: Campus Sexual Violence Reform and the Gendered Use of Legality Chrysanthi S. Leon, Associate Professor of Sociology and Criminal Justice, Women and Gender Studies, and Legal Studies, University of Delaware

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Scholarship associated with the symposium will be published in a Spring 2016 issue of the Kansas Law Review.

For more information, contact Abby Hall, symposium editor, at kulawrevsymposium@gmail.com.

2014 Kansas Law Review Symposium

Statelessness & Belonging:
Perspectives on Human Migration

October 24, 2014
University of Kansas School of Law
Stinson Leonard Street LLP Lecture Hall
104 Green Hall, Lawrence, KS

Sitting at the intersection of international, immigration and human rights law, statelessness involves the issues that lead communities and individuals to lack a nationality or, in a broader sense, to be marginalized, excluded and removed from the protection of a legal system due to their nationality. This symposium will discuss, among other things:

• Statelessness and refugee and asylum adjudication
• Ethics and values in the U.S. immigration system
• Migration, citizenship and global public health crises, including Ebola
• Children awaiting adjudication at the U.S. border
• Human rights and allocation of vital resources to indigenous peoples
• Home state's sovereignty over undocumented immigrants abroad
• Individuals, corporations and the properties of citizenship

No CLE credit will be offered during the symposium. 

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Symposium Speakers

• Lillian Aponte-Miranda, human rights lawyer and former associate professor, Florida International University College of Law
• Maryellen Fullerton, professor of law, Brooklyn Law School 
• Bill O. Hing, professor and Dean's Circle Scholar, University of San Francisco School of Law 
• Polly Price, professor of law, Emory University School of Law
• Jaya Ramji-Nogales, professor of law and co-director, Institute for International Law and Public Policy, Temple University Beasley School of Law 
• Marcia Yablon-Zug, associate professor of law, University of South Carolina School of Law 
• Lua Yuille, associate professor of law, University of Kansas School of Law

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Tentative Schedule

8:00 - 8:30	Registration
8:30 - 8:40	Welcome & Introduction Dean Stephen Mazza, University of Kansas School of Law
8:40 - 9:30	Individuals, Corporations and the Properties of Citizenship Lua Yuille, associate professor of law, University of Kansas School of Law
9:30 - 10:15	Without Protection: Statelessness and Persecution Maryellen Fullerton, professor of law, Brooklyn Law School
10:15 - 10:20	Break
10:25 - 11:15	The Right to Have Rights: Undocumented Migrants and State Protection Jaya Ramji-Nogales, professor of law, Co-Director, Institute for International Law and Public Policy, Temple University Beasley School of Law
11:15 - 12:00	Border Crisis: The Losses and Gains in Family and Child Migration Marcia Yablon-Zug, associate professor of law, University of South Carolina School of Law
12:00 - 1:25	Lunch
1:30 - 2:20	Keynote Speaker: Ethics and Morality of U.S. Immigration Law Bill Ong Hing, professor and Dean's Circle Scholar, University of San Francisco School of Law
2:20 - 3:05	Statelessness and Belonging: Culture, Human Rights, and the Allocation of Land and Resources to Marginalized Peoples Lillian Aponte-Miranda, human rights lawyer and former associate professor, Florida International University College of Law
3:05 - 3:15	Break
3:15 - 4:00	Ebola: Citizenship, Migration and Sovereignty in Global Public Health Law Polly Price, professor of law, Emory University School of Law

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The event is free and open to the public, but online registration is required.

Scholarship associated with the symposium will be published in a Spring 2015 issue of the Kansas Law Review.

For more information, contact Tamara Combs, symposium editor, at kulawrevsymposium@gmail.com.

2013 Kansas Law Review Symposium

Waters of the United States:
Adapting Law for Degradation and Drought

November 1, 2013
University of Kansas School of Law
Stinson Morrison Hecker LLP Lecture Hall
104 Green Hall, Lawrence, KS

4 hours CLE credit in Kansas and Missouri ($25)

Leading scholars and thinkers on water law and environmental law will address the critical issues facing water quantity and water quality today from a wide range of perspectives, including:  

• conflicts between water and endangered species regulation;
• innovative proposals for decreasing agricultural water pollution;
• adaptive water law that considers both ecological and social conditions;
• water quality trading programs;
• ecosystem services markets providing financial incentives for environmental protection;
• legal responses to drought in Kansas;
• citizens’ initiatives; and
• results of a federal water project that studied how climate change, population growth, and economic growth will impact water uses and availability.  

Event Agenda

8:00 – 8:30	REGISTRATION
8:30 – 8:35	WELCOME & INTRODUCTION Dean Stephen Mazza, University of Kansas School of Law
8:35 – 9:10	PANEL 1: INTRODUCTION "Broad Strokes" Intro to the Symposium and the State of Water Law in Kansas (PDF) Rex Buchanan, Interim Director, Kansas Geological Survey Kansas Water Congress David Brenn & Chris Wilson, Kansas Water Congress Representatives Moderator: Chelsi Hayden, University of Kansas School of Law
9:10 – 10:10	PANEL 2: CONTEXTUAL EXAMPLES (1 Hour CLE) Maintaining a Healthy Water Supply While Growing a Healthy Food Supply: Legal Tools for Cleaning Up Agricultural Water Pollution (PDF) Mary Jane Angelo, Research Foundation Professor and Director, Environmental & Land Use Law Program, University of Florida Levin College of Law​ Legal Responses to Drought in Kansas (PDF) John Peck, Connell Teaching Professor of Law, University of Kansas School of Law Moderator: Chelsi Hayden, University of Kansas School of Law
10:10 – 10:20	Break
10:20 – 12:00	PANEL 3: ESA & WATER LAW (2 Hours CLE) Integration of State and Federal Water Law into Hydrologic Water Modeling: The Willamette Water 2100 Project (PDF) Adell Amos, Associate Dean for Academic Affairs, Associate Professor in the Environmental and Natural Resources Law Program, University of Oregon School of Law The Endangered Species Act and Water Law: The Coming Confrontation (PDF) Robin Craig, William H. Leary Professor of Law, University of Utah S. J. Quinney College of Law The Increasing Challenge of Water Valuation and How It Guides Behavior Amy Hardberger, Assistant Professor of Law, St. Mary's University Moderator: John Head, University of Kansas School of Law
12:00 – 1:00	Lunch Break
1:00 – 2:40	PANEL 4: ADAPTIVE WATER LAW TOPICS Adaptive Water Law Tony Arnold, Associate Dean for Research & Faculty Development, Boehl Chair in Property & Land Use, Chair of the Center for Land Use & Environmental Responsibility, University of Louisville, Louis D. Brandeis School of Law Providing Accountability for Ecosystem Services Markets: The Wetlands Mitigation Example (PDF) Robert Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University School of Law Adaptive Trading: Experimenting With Unlikely Partners (PDF) Melissa Scanlan, Associate Dean of the Environmental Law Program, Associate Professor of Law, Vermont Law School Moderator: Uma Outka, University of Kansas School of Law
2:40 – 2:50	Break
2:50 – 3:50	PANEL 5: CITIZENS INITIATIVES (1 Hour CLE) Nebraska Activists Making a Difference in the Keystone XL Fight (PDF) Sandi Zellmer, Robert B. Daugherty Professor of Law, University of Nebraska College of Law Citizens' Initiatives and the Florida Water and Land Legacy Initiative (PDF) Aliki Moncrief, Field Director, Florida's Water and Land Legacy Moderator: Lua Yuille, University of Kansas School of Law

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Symposium Speakers

• Mary Jane Angelo, Research Foundation Professor and Director, Environmental & Land Use Law Program, University of Florida Levin College of Law
• Adell Amos, Associate Dean for Academic Affairs, Associate Professor in the Environmental and Natural Resources Law Program, University of Oregon School of Law
• Tony Arnold, Associate Dean for Research & Faculty Development, Boehl Chair in Property & Land Use, Chair of the Center for Land Use & Environmental Responsibility, University of Louisville, Louis D. Brandeis School of Law
• Robin Craig, William H. Leary Professor of Law, University of Utah S. J. Quinney College of Law
• Robert Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University School of Law
• Burke Griggs, Adjunct Faculty, University of Kansas School of Law
• Amy Hardberger, Assistant Professor of Law, St. Mary's University
• Aliki Moncrief, Field Director, Florida's Water and Land Legacy
• John Peck, Connell Teaching Professor of Law, University of Kansas School of Law
• Melissa Scanlan, Associate Dean of the Environmental Law Program, Associate Professor of Law, Vermont Law School
• Sandi Zellmer, Robert B. Daugherty Professor of Law, University of Nebraska College of Law
• Rex Buchanan, Interim Director, Kansas Geological Survey
• David Brenn & Chris Wilson, Kansas Water Congress Representatives

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The event is open to the public. Online registration is required. 

Admission is free, except for those seeking CLE credit, which will be available for Kansas and Missouri for a $25 fee. CLE materials will be available electronically for review and printing. Materials will not be available the day of the program in a paper version. All materials must be accessed electronically. Scholarship associated with the symposium will be published in a spring 2014 issue of the Kansas Law Review.

For more information, contact Kate Marples, Symposium Editor, at kmarples@gmail.com.

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Thank you to our sponsors:

2012 Kansas Law Review Symposium

Advocacy Under the Federal Rules of Civil Procedure After 75 Years

November 9, 2012
Adams Alumni Center, University of Kansas
1266 Oread Avenue, Lawrence, Kansas 66045

Click on the linked names in the Event Agenda below to download CLE materials in PDF format for printing. Please note that printed materials will not be available the day of the symposium. You should print materials in advance and bring them with you, or access them on an electronic device during the symposium. Free guest Wi-Fi is available at the Alumni Center.

Event Agenda

7:30 - 8:45         Registration & Continental Breakfast

8:45 - 10:15         Panel 1: Advocacy and Attorney Cooperation Under the Rules
Richard Marcus, Judge Lee Rosenthal, Judge David Waxse (Cooperation article)
Moderator: Professor James Maxeiner

10:15 - 10:30          Break

10:30 - 12:00         Panel 2: Advocacy in Discovery
Rebecca Kourlis, Steven Gensler, John Barkett
Moderator: Professor Randy Diamond

12:00 - 1:30         Lunch Break

2:15 - 3:45         Panel 3: Advocacy in the Age of the Vanishing Trial
John Martin, Robert Burns
Moderator: Professor Lou Mulligan

4:00 - 6:00         Post-Conference Reception

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Symposium Speakers

• John Barkett, partner, Shook, Hardy & Bacon LLP (Miami office); ABA Section of Litigation’s liaison member to the Federal Civil Rules Advisory Committee
• Robert Burns, Professor of Law, Northwestern University School of Law; program director and section leader for the National Institute for Trial Advocacy
• Randy Diamond,  legal research professor of law and director of library and technology resources, University of Missouri School of Law; president Mid-America Law Library Consortium  
• Steven Gensler, professor and associate dean of research and scholarship, University of Oklahoma College of Law; member of the United States Judicial Conference Advisory Committee on Civil Rules; former Supreme Court Fellow at the Administrative Office of the U.S. Courts
• Rebecca Kourlis, founder and executive director of the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver; former justice of the Colorado Supreme Court
• Richard Marcus, Horace O. Coil Chair in Litigation, University of California Hastings College of the Law; associate reporter to the Advisory Committee on Civil Rules of the Judicial Conference of the United States
• John H. Martin, partner, Thompson & Knight LLP; fellow, American College of Trial Lawyers; fellow, International Academy of Trial Lawyers
• James Maxeiner, professor, University of Baltimore School of Law; associate director, Center of International and Comparative Law; member, American Law Institute
• Judge Lee H. Rosenthal, U.S. District Court for the Southern District of Texas, Houston Division; chair of the Judicial Conference Committee on the Rules of Practice and Procedure; former chair of the Judicial Conference Advisory Committee on Civil Rules
• Kelley Sears, senior vice president and deputy general counsel, Wal-Mart
• Judge David J. Waxse, magistrate judge for the United States District Court, District of Kansas; former chair of Kansas Commission on Judicial Qualifications; past president of the Kansas Bar Association

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Attendance is free and 5 hours of CLE credit are available for Kansas and Missouri. CLE materials will be available electronically for review and printing. Materials will not be available the day of the program in a paper version. All materials must be accessed electronically. Papers presented at the symposium will be published in the Kansas Law Review.

Online registration is appreciated but not required. For more information, contact Kyle Kitson, symposium editor, at kyle.kitson@gmail.com.

2011 Kansas Law Review Symposium

Perspectives on the Current State of Arbitration Law

November 11, 2011
Green Hall, University of Kansas
1535 W. 15th Street, Lawrence, Kansas 66045

Event Agenda

9:00 - 9:05      Introduction and Welcome

9:05 - 9:50      Professor Kristen Blankley - Taming the Wild West of Arbitration Ethics
An examination of the criminal law that reins in attorney behavior in the litigation forum, including laws criminalizing perjury and tampering with witnesses and documents, and the inconsistency with which these statutes apply to the arbitral forum and why the criminal law should be amended to apply equally to litigation and binding arbitration.

9:50 - 10:00      Break

10:00 - 10:45    Professor Maureen Weston - The Future (or Death) of Class Arbitration after Concepcion
A review of how the recent 5-4 Supreme Court decision AT&T Mobility v. Concepcion impacts class action arbitration, viability of state unconscionability law, and preemption of state public policies.

10:45 - 11:30     Professor David Horton - The Non-Arbitrability Doctrine and Inalienability
An analysis of the normative foundations of the non-arbitrability doctrine (which exempts claims from the scope of the Federal Arbitration Act if a plaintiff cannot vindicate her rights in arbitration), and an argument that the rule should apply with special force to certain statutes.

11:30 - 1:00      Lunch Break

1:00 - 1:45       Professor Richard Reuben - What If? FAA Jurisprudence Under a Truly Conservative Court
A look at the Supreme Court as an activist court in arbitration jurisprudence and a "redeciding" of several of those key cases according to true judicial conservatism.

1:45 - 2:30       Professor Jeffrey Stempel - Crazy, Stupid Love: Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence
An examination of the Supreme Court's modern construction of the Federal Arbitration Act as a matter of statutory interpretation jurisprudence and judicial role. The Court has largely failed to follow the Justices' own self-professed rules and beliefs regarding sound jurisprudence, expanded the scope of the FAA in ways inconsistent with the judicial role, and diminished respect for the court throughout wide segments of the legal profession and the public.

2:30 - 2:40       Break

2:40 - 3:30       Professor Thomas Stipanowich - Should We Incorporate Due Process Standards for Arbitration of Consumer and Employment Disputes in the FAA? Consideration of the prospective benefits, costs and limitations of legislated due process guidelines for arbitration in consumer and employment disputes in light of current proposals to outlaw predispute arbitration agreements in various settings or implement the use of regulated arbitration.

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Symposium Speakers

• Kristen Blankley, Assistant Professor of Law, University of Nebraska College of Law
• David Horton, Associate Professor of Law, Loyola Law School, Los Angeles
• Richard Reuben, James Lewis Parks Professor of Law, University of Missouri School of Law
• Jeffrey Stempel, Doris S. & Theodore B. Lee Professor of Law, University of Nevada Las Vegas William S. Boyd School of Law
• Thomas Stipanowich, Academic Director, Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law, Pepperdine University
• Maureen Weston, Associate Dean for Research and Professor of Law, Pepperdine University

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Attendance is free and CLE Credit will be provided. Papers presented at the Symposium will be published in the Kansas Law Review, Vol. 60, Issue 4 (Spring 2012).

RSVP is not required, but it would be appreciated so that a sufficient number of materials may be provided. CLE materials are available for download from this website, but if you would prefer a paper copy, please note that in your RSVP email. To RSVP, or for more information, please contact Marty Rice, Symposium Editor, at KansasLawReview@gmail.com.

2010 Kansas Law Review Symposium

State Constitutional Law Steps Out of the Shadows

November 12, 2010
Green Hall, University of Kansas
1535 W. 15th Street, Lawrence, Kansas 66045
Brochure (PDF)

Agenda of Panel Discussions

9:00 - 10:30 a.m.    School Finance and Education Rights

10:45 - 12:00 p.m.  Same Sex Marriage and Privacy Rights

         Lunch Break

1:45 - 3:00 p.m.     Criminal Procedure and Search & Seizure

3:15 - 4:30 p.m.     Dual Sovereignty and State Constitutions

Symposium Speakers

• Michael Berch, Alan A. Matheson Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
• The Hon. Rebecca White Berch, Chief Justice, Arizona Supreme Court
• The Hon. Allison Eid, Colorado Supreme Court
• The Hon. Randy J. Holland, Delaware Supreme Court
• Allen L. Lanstra, Senior Associate, Skadden, Arps, Slate, Meagher & Flom LLP
• Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas School of Law
• The Hon. Mark D. Martin, Senior Associate Justice, North Carolina Supreme Court
• Stephen R. McAllister, Professor of Law, University of Kansas School of Law
• Jeffrey M. Shaman, Vincent de Paul Professor of Law, DePaul University Law School
• The Hon. David R. Stras, Associate Justice, Minnesota Supreme Court
• The Hon. Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit

Attendance is free, and no reservations are required. CLE Credit will be provided pending approval. Papers presented at the Symposium will be published in the Kansas Law Review, Vol. 59, Issue 4 (Spring 2011).

For more information, please contact Joseph Hinckley, Symposium Editor, at jbh@ku.edu.

2009 Kansas Law Review Symposium

Aggregate Justice:
Perspectives Ten Years After Amchem and Ortiz

Friday October 30, 2009
Green Hall, 1535 W. 15th Street, Lawrence, Kansas 66045

The 2009 Kansas Law Review Symposium is entitled "Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz." The Symposium will examine developments in aggregate litigation over the last decade and into the future, using Amchem Prods. Inc. v. Windsor, 521 U.S. 591 (1997), and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), as a springboard for this exploration. The Symposium will feature a number of well-known speakers in the field of aggregate litigation:

• Elizabeth Chamblee Burch (J.D., Florida State University College of Law) is an Assistant Professor of Law at the Florida State University College of Law.
• Howard M. Erichson (J.D., New York University School of Law) is a Professor of Law at the Fordham University School of Law.
• Steven S. Gensler (J.D., University of Illinois, Urbana-Champaign) is the Welcome D. and W. DeVier Pierson Professor of Law at the University of Oklahoma College of Law.
• Laura J. Hines (J.D., University of Michigan) is a Professor of Law at the University of Kansas School of Law.
• Linda S. Mullenix (Ph.D., Columbia University, J.D., Georgetown University Law Center) holds the Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law.
• Tom Willging (L.L.M., Harvard Law School, J.D., The Catholic University of America, Columbus School of Law) is a senior researcher at the Federal Judicial Center.
• Patrick Woolley (J.D., Yale Law School) is the Beck, Redden & Secrest Professor at the University of Texas School of Law.

Attendance is free, and no reservations are required. CLE credit will be offered at this event, pending approval. For more information, please contact Symposium Editor Shane McCall: shane@ku.edu.

2008 Kansas Law Review Symposium

Law, Reparations, and Racial Disparities

Friday October 31, 2008
9:00 a.m.-5 p.m.
Green Hall, 1535 W. 15th Street, Lawrence, KS 66045

The Seventh Circuit Court of Appeals recently weighed in on reparations for slavery in In re African-American Slave Descendants Litigation, 471 F.3d 754 (7th Cir. 2006). The court raised two vital questions about the matter of enduring harm to present-day blacks in the form of social and economic disparities. How can the purported harms that present-day blacks are alleged to suffer collectively or individually as a result of the enslavement of their ancestors be empirically articulated and quantified? And what are the prospects for connecting these present harms with past harms so as to establish the claim that particular blacks today suffer enduring injury from slavery?

The symposium will gather a distinguished group of scholars to explore what law can learn from empirical research on racial disparities in wealth, health, education, and the criminal justice system, and to assess whether legal reparations for slavery can be a viable means of dealing with these persistent disparities.

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Attendance is free and no reservations are required. Please contact Symposium Editor Kelly Foos for more information: kfoos@ku.edu or 785-864-3463.

The sponsors of this program have applied for 6.5 hours of continuing legal education (CLE) credit in Kansas and Missouri. Persons wishing to receive CLE credit can register at the door and obtain materials. There is no charge. To confirm CLE credit approval prior to the symposium date, please contact Todd Rogers at (785) 864-9257 or by e-mail at tarogers@ku.edu.

Papers presented at this symposium will be published in the Kansas Law Review, Vol. 57, Issue 4, April 2009. For more information about the articles or to order a copy of the April 2009 edition of the Kansas Law Review, please contact Kelly Foos, Law Review Symposium Editor, at (785) 864-3463 or kfoos@ku.edu.

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Agenda

9-10:30 a.m.    PANEL DISCUSSION ON HEALTH AND RACIAL DISPARITIES

• Kevin Outterson (Boston University School of Law): Reparations for Racial Disparities in Health
• Daniela Ikawa (Public Interest Law Institute/Conectas Human Rights): Racial Discrimination in Access to Health: The Brazilian Experience
• Stacy Elmer (University of Kansas): Health Disparities and Historical Injustice in Sierra Leone: A Case for Reparations?
• Moderator: Elizabeth Weeks Leonard, University of Kansas School of Law

 

10:45 a.m.-Noon    PANEL DISCUSSION ON ECONOMICS AND RACIAL DISPARITIES

• William ("Sandy") Darity, Jr. (Duke University): Forty Acres and a Mule in the Twenty-First Century
• Ronald Caldwell, Jr. (University of Kansas): Expectations and the Black-White Skill Gap: Do Perceptions About Racial Disadvantage Play a Role in the Development of Minority Skill Gaps and What Are the Policy Implications?
• Moderator: Thomas Stacy, University of Kansas School of Law

Noon-1:45 p.m.    BY INVITATION ONLY: LUNCHEON

• Roy L. Brooks (University of San Diego School of Law): Toward a Post-Atonement America: The Supreme Court's Atonement for Slavery and Jim Crow

2-3:30 p.m.    PANEL DISCUSSION ON CRIMINAL JUSTICE AND RACIAL DISPARITIES

• Cassia Spohn (Arizona State University): Race, Sex & Pre-Trial Detention in Federal Court: Indirect Effects and Cumulative Disadvantage
• Ruth Peterson (The Ohio State University): Race, Residence, and Crime: A Case for Community Reparations
• Bruce Western (Harvard University): Punishment, Inequality, and the Future of Mass Incarceration
• Moderator: Jelani Jefferson Exum, University of Kansas School of Law

3:45-5 p.m.    PANEL DISCUSSION ON LAW, PHILOSOPHY, AND REPARATIONS

• Derrick Darby (University of Kansas): Educational Inequality and Social Science in Grutter: A Lesson for the Black Reparations Debate
• Adrienne Davis (Washington University School of Law): Republicanism & Reparations: The Juridical and Political Viability of Black Reparations
• Moderator: Ann Cudd, University of Kansas Department of Philosophy

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Symposium Speakers

Roy L. Brooks (J.D., Yale Law School), Warren Distinguished Professor of Law, University of San Diego School of Law

Ronald Caldwell, Jr. (Ph.D., University of Washington), Assistant Professor of Economics & Oswald Scholar, University of Kansas

Derrick Darby (Ph.D., University of Pittsburgh), Associate Professor of Philosophy and Affiliated Faculty School of Law, University of Kansas

Adrienne Davis (J.D., Yale Law School), William M. Van Cleve Professor of Law, Washington University School of Law

William ("Sandy") Darity, Jr. (Ph.D., M.I.T.), Cary C. Boshamer Professor of Economics, Arts & Sciences Professor of Public Policy Studies, Professor of African and African-American Studies, Duke University

Stacy Elmer (B.A., Colorado College), Doctoral candidate in Philosophy, University of Kansas

Daniela Ikawa (Ph.D., University of Sao Paolo), Legal Officer, Public Interest Law Institute; Consultant, Conectas Human Rights; Co-Managing Editor, Sur International Journal for Human Rights

Kevin Outterson (J.D., Northwestern University, L.L.M., University of Cambridge), Associate Professor, Boston University School of Law

Ruth Peterson (Ph.D., University of Wisconsin), Professor of Sociology, The Ohio State University

Cassia Spohn (Ph.D., University of Nebraska-Lincoln), Professor and Director of Graduate Programs, School of Criminology and Criminal Justice, Arizona State University

Bruce Western (Ph.D., University of California Los Angeles), Professor of Sociology and Director of the Multidisciplinary Program in Inequality and Social Policy, Harvard University

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Sponsored by: University of Kansas School of Law; University of Kansas College of Liberal Arts & Sciences; The Hall Center for the Humanities; University of Kansas Institute for Policy & Social Research; University of Kansas Department of Public Administration; University of Kansas Department of Economics; University of Kansas Department of Sociology

2007 Kansas Law Review Symposium

Biolaw: Law at the Frontiers of Biology

November 2007
Green Hall, 1535 W. 15th Street, Lawrence, KS 66045

The past several years have presented a bewildering array of legal issues raising more questions than answers. Should the Food and Drug Administration approve cloned meat for consumption? Are humans patentable? Is it legal for patients to have access to developmental drugs? Should the law allow parents to halt their daughter's growth using modern scientific techniques? What is the legality of partial-birth abortion? Are stem cell research and genetic human enhancement legal? How can the current devastating loss of biodiversity be reversed?

The recent explosion of the life sciences and biotechnology has challenged traditional laws, and public opinion concerning proper solutions is far from uniform. Part of the challenge is to approach these unparalleled issues head-on in spite of varying beliefs and tough scientific inquiry. Law, science, and policy, however, should also anticipate future challenges as research and development continue to flourish.

The Kansas Law Review's 2007 Symposium, Biolaw: Law at the Frontiers of Biology, features world-renowned experts as speakers. Speakers at the symposium will address the above questions by exploring issues regarding the scope of the field of biolaw, patentability of human life, FDA regulation, laws concerning genetic and non-genetic human enhancement, practical biolaw issues, and biotechnology and bioethics.

The event will begin at 9 a.m. with an introduction and welcome followed by panel presentations. Speakers will present their findings and then open the floor for questions and discussion. The Kansas Law Review will publish the speakers' papers. Each paper will identify and analyze issues critical to practitioners, policymakers, and the public as a whole.

Schedule of Symposium Speakers

9-10 a.m.     "Biolaw: Cracking the Code" (describing the emerging field of biolaw)

Jim Chen, J.D., M.A., Dean, University of Louisville Louis D. Brandeis School of Law

• Founder and administrator of the Jurisdynamics Network, which includes the popular blog entitled Biolaw: Law and the Life Sciences (co-founded with Professor Andrew W. Torrance);
• Faculty, University of Minnesota Law School, 1993 to 2007
• Coauthor of "Disasters and the Law: Katrina and Beyond" (Aspen Publishers, 2006)
• Dean Chen has lectured in 14 countries, on four continents and in three languages. He held a chaire departementale in the Faculte de Droit et des Sciences Politiques of the Universite de Nantes. He became the first American law professor appointed at Heinrich-Heine Universitat in Dusseldorf

10-11 a.m.     "Patents & the Future of Human Evolution"

Andrew Torrance, J.D., Ph.D., Associate Professor, University of Kansas School of Law

• Lecturer at Harvard University from 1999-2005
• Visiting Professor at Harvard University in 2003
• Chairs the Scientific and Creative Board of the Darwin Project, a major biodiversity institution planned for downtown Boston
• Practiced law at the firm of Fish & Richardson LLC; in-house counsel at Inverness Medical Innovations, a leading multinational medical diagnostics company

11 a.m.-Noon    "State of the Art in Food & Drug Law"

Peter Barton Hutt, LL.B., LL.M., Professor, Harvard Law School; Senior Counsel, Covington & Burling LLP

Noon-1:30 p.m.     Lunch

Adlah Donastorg, Senator, United States Virgin Islands

1:30-2:30 p.m.     "Law & Human Biological Enhancement"

Henry T. Greely, J.D., Professor, Stanford Law School; courtesy appointment with Stanford University Department of Genetics

2:30-4 p.m.     "Cutting-Edge Legal Issues in Biotechnology"

Rudolf H. Beese, panel moderator, Sonnenschein Nath & Rosenthal

Sonnenschein Nath & Rosenthal, the symposium sponsor, has generously organized a panel of attorneys with deep expertise in biolaw. Moderated by Rudolf H. Beese, a leading attorney in the areas of life sciences and climate change, this expert panel will offer their valuable insights on how best to meet the challenges of the many complex and complicated legal issues arising from advances in biological sciences and biotechnology.

4-5 p.m.     "Maybe Medicines: Dealing with the 'Uncontroversial' Right to Cutting-Edge Unproven Treatments" (discussing unproven technologies overlooked by the court in the Abigail Alliance case, which rejected a constitutional right to unproven treatment)

Jerry Menikoff, J.D., M.P.P., M.D., Director, Office of Human Subjects Research, National Institute of Health; Director, Institute for Bioethics, Law and Public Policy at the University of Kansas School of Medicine

Reception

Following the symposium, the Kansas Law Review invites everyone to attend a reception, in honor of our speakers, in the commons at Green Hall. Jonathan Chester, one of the world's preeminent polar photographers and explorers, will present some of his breathtaking photography, a presentation you will not want to miss! Refreshments and snacks will be provided. Be sure and check out his website for samples of his work.

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Publication

Topics presented at this symposium will be published in the Kansas Law Review, Vol. 56, Issue 4, April 2008.

For more information about the articles or to order a copy of the April 2008 edition of the Kansas Law Review, please contact Jonathan Grossman, Law Review Symposium Editor, at (785) 864-3463 or grossman.jon@gmail.com .