Faculty News

Gabe Feldman was featured in the Sunday New Orleans Times-Picayune Sports section (July 17, 2011) as one of the “25 Area Power Players.”   Listed as No. 20,  Gabe was described as “[t]he Tulane law professor has been a go-to source for the nation’s media during the ongoing NFL and NBA labor dramas.“

Joel Friedman has been appointed a consultant to the National Park Service’s National Historic Landmarks Program, and will be advising on a proposed project to designate the John Minor Wisdom Fifth Circuit Court of Appeals Building in New Orleans as a national historical landmark.

Publications

Adam Babich

                ●Can the Preemption Doctrine Protect Public Participation?, 61 Case W. Res. L. Rev. (forthcoming Summer, 2011).

Paul Barron

                ●Secured Transactions: Problems and Materials (with Mark B. Wessman) (2^nd ed., West, 2011).

S. Alan Childress

                ●Federal Standards of Review (with Martha S. Davis) (4th ed., 3 vols., LexisNexis, 2010).

                ●Ed.,  Oliver W. Holmes, Jr.,  The Common Law (Ann. ed., Quid Pro, LLC, 2010). 

                ●Ed., Woodrow Wilson, The State and Federal Governments of the United States (Ann. ed., Quid Pro, LLC, 2010).

Stephen M. Griffin

                ●The National Security Constitution and the Bush Administration, YLJ Online,  http://www.yalelawjournal.org/the-yale-law-journal-pocket-part/executive-power/the-national-security-constitution-and-the-bush-administration/  (Mar. 25, 2011).

Günther Handl

                ●The Nuclear Non-Proliferation Regime: Towards Acceleration or Reversal of its Declining Effectiveness?, 19 Tul. J. Int’l & Comp. L. 1 (2010).

                ●In Re South African Apartheid Litigation and Beyond: Corporate Liability for Aiding and Abetting under the Alien Tort Statute, in 53 German Yearbook of International Law 425 (2010); posted at http://ssrn.com/abstract=1677638.

                ●American-Mexican Boundary Disputes and Cooperation, in Max Planck Encyclopedia of Public International Law (Rüdiger Wolfrum, ed., Oxford Univ. Press, 2010); online edition: http://www.mpepil.com.

    ●Elisa Morgera, Corporate Accountability in International Environmental Law, 19 Rev. Eur. Community & Int’l Envtl. L. 126 (2010) (book review).

Oliver A. Houck

●Unseen Hand: Big Brother is Nudging You, 27 Envtl. F., Mar./Apr. 2010, at 8 (reviewing Richard H. Thaler and Cass R. Sunstein, Nudge: Improving Decisions About Health, Wealth, and Happiness (2008)).

●Oil & Accountability: Who Will Pay to Fix Louisiana?, The Nation, July 12, 2010, at 11 (available at http://www.thenation.com/article/36610/who-will-pay-fix-louisiana ).

            ● Worst Case and the Deepwater Horizon Blowout: There Ought to Be a Law, 24 Tul. Envtl. L.J. 1 (2010).

●Oil Over Again: From the Exxon Valdez to BP and Beyond, 27 Envtl. F., July/Aug. 2010, at 6 (reviewing David Lebedoff, Cleaning Up: the Story Behind the Biggest Legal Bonanza of Our Time (1997)).

●Regulating Law: Environmental Protection’s Belief Systems, 27 Envtl. F., Nov./Dec. 2010, at 6 (reviewing Douglas A. Kysar, Regulating From Nowhere: Environmental Law and the Search for Objectivity (2010)).

●The Clean Water Act Returns (Again): Part I, TMDLs and the Chesapeake Bay, 41 Envtl. L. Rep. (Envtl. Law Inst.) at 10208 (Mar. 2011).

●Trial by Fire: Saving the American West, 28 Envtl. F., Mar./Apr. 2011, at 6 (reviewing Timothy Egan, The Big Burn: Teddy Roosevelt and the Fire That Saved America (2009)).

David R. Katner

                ●Delinquency and Daycare, 4 Harv. L. & Pol’y  Rev. 49 (2010); posted at http://ssrn.com/abstract=1563535.

                ●Delinquency and Daycare (revised), in Juvenile Justice for Kids (Nancy E. Dowd, ed., NYU Press forthcoming Fall 2011).

                ●Revising Legal Ethics in Delinquency Cases by Consulting with Juveniles’ Parents, 79 UMKC L. Rev. (forthcoming Spring 2011).

Vernon V. Palmer

                ●The Frontier Between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss (with Mauro Bussani), in Towards a European Civil Code (Arthur S. Hartkamp et. al. eds., 4^th ed., Wolters Kluwer 2011).

    ●Niall R. Whitty & Reinhard Zimmermann, eds., Rights of Personality in Scots Law: A Comparative Perspective, 25 Tul. Eur. & Civ. L.F. 211 (2010) (book review).

Edward F. Sherman

                ●Management Techniques and Devises for Segmenting Aggregate Litigation, in A Practitioner’s Guide to Class Actions (Marcy Greer, ed., ABA Publications 2010).

                ●Judicial Supervision of Attorney Fees in Aggregate Litigation: The American Vioxx Experience as Example for Other Countries, in Common Law, Civil Law, and the Future of Categories (Oscar Chase and Janet Walker, eds., LexisNexis 2010).

                ●Terrorist Detainee Policies: Can the Constitutional and International Law Principles of the Supreme Court’s Boumediene Precedents Survive Political Pressures?, 19 Tul. J. Int’l & Comp. L. 207 (2010).

                ●Abandoned Claims in Class Actions: Implications for Preclusion and Adequacy of Counsel, (Symposium on Aggregate Litigation), 79 Geo. Wash. L. Rev. 438 (2011).

Mark B. Wessman

                ●Secured Transactions: Problems and Materials (with Paul Barron) (2^nd ed., West, 2011).

Presentations

Adeno Addis

                ●“Neither Members nor Strangers: Imagining ‘The People’ in the Age of the Diaspora,” University of Texas School of Law, Austin, Texas, Mar. 29, 2010.

Adam Babich

                ●“Professional Responsibility and Environmental Ethics” Panelist, ABA Section of Environment, Energy and Resources Annual Meeting, New Orleans, Louisiana, Oct. 1, 2010.

    ●“The Preemption Doctrine and Public Participation Rights,” Case Western Reserve Law Review Symposium, “Government Speech: The Government’s Ability to Compel and Restrict Speech,” Cleveland, Ohio, Nov. 19, 2010.

Onnig H. Dombalagian

●Invited Commentator on  Emilios Avgouleas, et. al., “Living Wills as a Catalyst for Action,” Conference on International Financial and Monetary Law (sponsored by The Heyman Center on Corporate Governance, Benjamin N. Cardozo School of Law), New York, New York, June 3-4, 2010.

●”Swaps from a Lawyer’s Perspective,” U.S. Securities and Exchange Commission, Washington, D.C., Aug. 6, 2010. (The talk was designed to familiarize staff members of the SEC and the Commodity Futures Trading Commission with the operation of over-the-counter markets in preparation for their implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act).

Stephen M. Griffin

                ●“The Legal Justification for the Vietnam War: Backwards and Forwards with Nicholas deB. Katzenbach,”  International Conference, “The American Experience in Southeast Asia, 1946-1975,” (U.S. Department of State, Bureau of Public Affairs, Office of the Historian), Washington, D.C. Sept. 30, 2010. 

Günther Handl

●“Business and Human Rights,” International Symposium, “Energy, the Environment and Human Rights: Issues and Challenges on the Eve of Rio+20,” FVG Dereito-Rio, Rio De Janeiro, Brazil, Mar. 17, 2011.

●“The Risk of Offshore Oil and Gas Operations: International Legal Implications and IMO’s Response,” Annual Meeting of the American Society of International Law, Washington, D.C., Mar. 25, 2011.

Oliver A. Houck

●”Key Developments Concerning Water Resources, Quality, and Wetlands,” 41st Annual ALI-ABA Course of Study on Environmental Law, Washington, D.C., Feb. 4, 2011.

● “Where The Wild Things Are: Writing About the Gulf,” Tennessee  Williams/New Orleans Literary Festival, New Orleans, Louisiana, Mar. 26, 2011.

Julie H. Jackson

            ●Law School Pro Bono pre-conference program, ABA Equal Justice Conference, Phoenix, Arizona, May 2010.

David R. Katner

                ●“Daycare and Delinquency,” 33^rd Annual Conference of the National Association of Counsel for Children, Austin, Texas, Oct. 23, 2010.

                ●“Current Issues in Competency and Juvenile Law,” Tulane Inns of Court, New Orleans, Louisiana, Oct. 25, 2010.

                ●“Judicial Institutions” Panelist,  Tulane Center for Inter-American Policy and Research Symposium, “Representativeness and Effectiveness in Latin American Institutions and Democracies,”  New Orleans, Louisiana, Mar. 24, 2011.

                ●“Starting a Sole Law Practice” Panelist, Tulane Law School Career Development Office Program, New  Orleans, Louisiana, Apr. 11, 2011.

Edward F. Sherman

                ●National Class Action Institute, ABA Section of Litigation, Chicago, Illinois, Oct. 14, 2010.

    ●Symposium on Preemption, George Washington University Law School, Washington, D.C., Oct. 29, 2010.          

                ●Symposium on BP Oil Spill Litigation, Mississippi College of Law, Jackson, Mississippi, Feb. 18, 2011.

                ●”Arbitration Law in Flux and Maritime Implications,” Tulane Admiralty Law Institute, New Orleans, Louisiana, Mar. 23, 2011.

Vernon V. Palmer

●”Empires as Engines of Mixed Laws in the Modern World,” Juris Diversitas conference on Mediterranean Hybridity, Malta, June 10-11, 2010.

●”Three Milestones in the History of Privacy in the United States,”  “Protection of Personality Rights: Roman Foundations, Contemporary Evolution and Challenges” Conference (jointly sponsored by Remin University, Beijing, and East China University of Political Science and Law, Shanghai), Shanghai, China, Oct. 14-16, 2010.

●”The Great Spill in the Gulf…and a Sea of Economic Loss,”  “Towards a Chinese Civil Code: Historical and Comparative Perspective” Conference (sponsored by Centre for Chinese and Comparative Law), Hong Kong, China, Oct. 22-23, 2010.

Awards

Herbert V. Larson

●Recipient, “2010 Criminal Justice Act Panel Attorney of the Year,” presented by the Louisiana Association of Criminal Defense Lawyers, Dec. 2010.

Edward F. Sherman

            ●Recipient, “Academic Contributing Most to Practice of Special Masters,” presented at Academy of Court-Appointed Masters Annual Meeting, New Orleans, Louisiana, Jan. 29, 2011.

Other

Mark S. Davis

                ●Announced receipt of one year $75,000 McKnight Foundation General Support Grant for the Tulane Institute on Water Resources Law and Policy and the Tulane/Xavier Center for Bioenvironmental Research, July 15, 2010.   (“The basis for the grant was the collaborative work we have done on coastal/community sustainability , particularly in the Lower Ninth Ward and the neighboring wetlands of Orleans, St. Bernard and Plaquemines Parishes”).

Gabe Feldman

                ●Appointed Associate Provost for NCAA Compliance, Tulane University, July 1, 2010. 

Günther Handl

                ●Interview with China Radio International, on “Arctic Territorial Rights, ” Oct. 25, 2010; available at http://english.cri.cn/7146/2010/10/25/2001s600946.htm. 

Ronald J.  Scalise, Jr.

                ●Appointed Appeals Judge, Gulf Coast Claims Facility, June 2011.

Mark B. Wessman

                ●Will be visiting at New York Law School, Fall, 2011. 

    ●Attended “Contract as Promise at 30: The Future of Contract Theory” conference, Suffolk University Law School, Boston, Massachusetts, Mar. 25, 2011. (The conference was organized by Jeff Lipshaw, a previous Tulane Law School visitor).

Professor Shu-yi Oei's article, "Getting More by Asking Less: The Role of Stakeholder Dynamics in Reforming Tax Law's Offer-in-Compromise Procedure," has been accepted for publication in the University of Pennsylvania Law Review.

Professor Tania Tetlow's article, "Granting Prosecutors Rights to Combat Discrimination," has been accepted for publication in the University of Pennsylvania Journal of Constitutional Law.  Her article, "Why Batson Misses the Point," has been accepted for publication as part of a symposium in the Iowa Law Review.

...so do interviews with Professor Gabe Feldman.  Gabe Feldman is now the on-air legal expert on collective bargaining for the NFL Network.  He was interviewed, along with other sports law experts, during an NPR story this morning on the possibility of decertification of the players' union. This is in addition to recent stories in the New York Times and Wall Street Journal and Feldman's own column in the Huffington Post.

Professor Amy Gajda will present the keynote address at Stetson University College of Law’s 32nd Annual National Conference on Law & Higher Education, February 5-8, 2011, in Orlando, Florida.  Professor Gajda’s address, “The Rise of a Litigation and Risk Management Culture on Campus,” is relevant to this year’s conference, which will review campus violence, challenges to academic freedom, issues of free speech, and the rise of virtual campuses.  Professor Gajda is the author of The Trials of Academe: The New Era of Campus Litigation, published in 2009 by Harvard University Press.

Professor Gabe Feldman was interviewed recently on the relationship between National Football League owners and the NFL Players Association: http://tulane.edu/news/newwave/092410_nfl.cfm

On Friday, September 24th, from 2:00 p.m. until 5:00 p.m., six Tulane law professors will discuss major legal issues generated by the Deepwater Horizon explosion and oil spill.  Professor Martin Davies will speak about death and injury actions.  Professor Robert Force and Adjunct Professor Joshua Force will discuss the OPA90 statute, including liability and limitation issues, criminal offenses, and civil penalties.  Professor Mark Davis, Director of Tulane's Water Law & Policy Institute, will speak about natural resource damages, and Professor Adam Babich, Director of Tulane's Environmental Law Clinic, will address the deepwater drilling moratorium and related administrative issues.  Finally, Professor Oliver Houck will explore how we came to be in this situation.

The program, which will also serve as the 5th lecture in Deepwater Horizon Lecture Series being presented at Tulane this fall, is open to all members of the University community, including all faculty, students, and staff of the Law School.  The presentations will take place in Room 110 of Weinmann Hall, with additional classrooms reserved for overflow.