The Informant
March 10, 2009
ANNOUNCEMENTS
Mediation Moot Court team wins regional, heads to nationals
The 3L team of Hannah Tippett and Daniel Ellis won the regional in the ABA Representation in Mediation Competition held the weekend of March 6 in New Orleans. Hannah and Daniel will join the winners of the other nine regional competitions at the National Finals April 15-16 in conjunction with the American Bar Association Section of Dispute Resolution's Spring Meeting in New York, NY. Prof. Becky Jacobs coaches UT’s ABA Representation in Mediation teams.
UT AAJ students fare well in regional competition
Four members of the third- and second-year classes competed in the 2009 American Association for Justice Student Trial Advocacy Competition in Albuquerque, New Mexico, last week-end. The third-year team, comprised of Nick Cook, Adrienne Gilliam, Maryam Kassaee, all returning trial team members, won their first two trials handedly but lost in the third round. The second-year team, comprised of Kelley Brooks, Kevin Hartley, Charlie Hartman, and Chris Smith, won one trial and lost the other two by very slim margins. The teams were coached by attorneys Larry Giordano and Summer Stevens. Giordano, who also teaches Advanced Trial Practice, says that the dedication and effort of all eight students was remarkable. “I truly appreciated the dedication and effort that all eight of the students showed to their team. They were remarkably involved, cooperative and energetic. All of them maintained great attitudes throughout the prep sessions. Every one of them visibly improved during the run and they did very well in competition, despite their often cranky coaches. From all reports, they represented themselves and the College of Law very well at the competition.” Congratulations teams!
Seton Hall faculty member to speak on Same-Sex Marriage site controversy
April 8, at 12 p.m. as part of the Speaker Series, Professor Marc Poirier of Seton Hall School of Law will speak on "Ocean Grove versus Ocean Grove: Property, Community, and the Where of a Same-Sex Civil Union Ceremony." The talk centers on an ongoing controversy in Ocean Grove, New Jersey, over whether a same-sex couple can rely on the state's Law Against Discrimination to compel the rental of a beachfront pavilion for their civil union ceremony. The owner of the pavilion is the Ocean Grove Camp Meeting Association, although the Association has granted an easement to the town of Ocean Grove in order to allow public access to the beach. At the time of the request for rental, the Association rented out the pavilion for weddings on a regular basis. It refused to rent to the couple, however, because the Association is affiliated with the United Methodist Church, which while affirming the value of homosexual persons prohibits the use of church buildings for same-sex union ceremonies. The pavilion is not a church building, though it is often used for religious purposes; and the Association has formally made the pavilion available to the public for recreational use. The state recently found probable cause of a violation of the state law on public accommodations, so an administrative hearing is very likely. The case obviously sits at more than one intersection in the law. Not only does it raise the issue of gay rights in general (and the right to marry in particular), but it also implicates church and state and numerous property issues. Professor Poirier's talk will be followed by a panel discussion with College of Law faculty members. Please save the date and plan to attend.
Ramona Armstrong moves to Dean's office staff
Ramona Armstrong has joined the staff of the Dean's Office in the administrative assistant position formerly held by Anita Monroe. “Ramona will be a great addition to the Dean's Office, and we're very glad to have her,” said Dean Doug Blaze.
Annual Transactions golf tourament results
The Transactions Journal is pleased to announce the successful completion of its Annual Golf Tournament. The Journal congratulates the “Ballers,” the 2009 champions. This team consisted of James “Jay” Moneyhun (3L), Jeff Stoneking, Sam Ruth, and Michael Creath. They won the grand prize which included Alston + Bird LLP water bottles and Titleist golf balls, gift cards to the Copper Cellar and Prof. George Kuney sponsored their round of golf. The Journal would also like to thank all of those who participated in the organizing of the tournament and solicitations. MORE
Summer-Wyatt Symposium March 27
The University of Tennessee College of Law Center for Advocacy and Dispute Resolution and the Tennessee Journal of Law and Policy are hosting the Summers-Wyatt Symposium, which focuses on issues related to the right to jury trial and the rights guaranteed by the Bill of Rights, March 27. MORE
Environmental Law program March 11
On Wednesday, March 11, from noon until 1 p.m. in Room 136, the Environmental Law Organization will present the "Careers in Environmental Law Panel Discussion." Five environmental attorneys will answer questions and talk about what they do and how they got there. Speakers are: Charles Gault, U.S. Department of the Interior; Christopher Irwin, Lewis & Irwin; Becky Kaman, Gary A. Davis & Associates; Stephanie Kodish, National Parks Conservation Association; and LeAnn Mynatt, Baker, Donelson, Bearman, Caldwell & Berkowitz. Tomato Head lunch will be provided.
Law Women Chili Cook-Off March 26
The Law Women’s Annual Chili Cook-Off will be held at Toddy’s Back Door Tavern March 26. Please contact Jamey Ayers (jayers5@utk.edu) if you are interested in forming a team. All funds raised by the Date Auction and Chili Cook-off will be donated to the YWCA Victim’s Advocacy Program, a nonprofit organization that works with the YWCA and the State of Tennessee to promote the safety and rehabilitation of domestic violence victims in Knoxville.
VITA program swinging into action
Tax season is here, and that means it's time for Volunteer Income Tax Assistance. VITA is a program, sponsored by both the IRS and UT Pro Bono, whose mission is to provide free tax services for UT students, faculty, and staff, as well as low- to moderate- income individuals and families. This year, VITA will be taking place Monday-Wednesday, 4-7 p.m., in the Student Organization Office on the third floor (Room 302). VITA will also be hosting a special International Night on Tuesdays for international students and friends (U.S. citizens can come on any night). Please be sure to bring a valid photo ID, your Social Security card, and all relevant tax documents (W-2, 1099, etc.). If you have any questions, please feel free to contact Roman Hankins (rhankins@utk.edu) or Rachel Levinson (rlevinso@utk.edu).
FACULTY
Prof. Plank article in Cordozo Law Review
In December 2008, Prof. Tom Plank published an article, “Sense and Sensibility in Securitization: A Prudent Legal Structure and a Fanciful Critique,” in the Cardozo Law Review, responding to Kenneth Kettering, “Securitization and Its Discontents: The Dynamics of Financial Product Development,” also in the Cardozo Law Review, which argued that securitization was a legally shaky financial product that succeeded only because it became too big to fail. Kettering argues that, because securitization avoids the costs that the Bankruptcy Code imposes on secured creditors of operating companies, like originators of mortgage loans and other receivables, it is a type of fraud on the creditors of those originators. Prof. Plank argued that the case law does not support Kettering’s fraud thesis and that he failed to demonstrate that securitization’s avoidance of the effects of the Bankruptcy Code harms the creditors of originators.
Prof. Schaefer essay online
Prof. Paula Schaefer's essay "Protecting a Business Client from Itself through Loyal Disclosure" has been published in Yale Law Journal Pocket Part's Legal Ethics Symposium. The essay can be viewed here.
Prof. Goodwin makes presentation to Philosophy Department
Prof. Iris Goodwin presented "Charitable Mission and Democratic Theory" at the UT Philosophy Department klatsch Feb. 26. The talk was taken from a draft of a paper she is currently working on. Philosophy Department faculty and graduate students were joined by a few College of Law faculty for the 40-minute presentation and lively discussion that followed.
Prof. Ben Barton and 3L Daniel Ellis on "Access" panel
Prof. Ben Barton and 3L Daniel Ellis were part of a panel on Access to Justice Issues held in Knoxville Feb. 26. The panel was led by Justice Sharon Lee of the Tennessee Supreme Court and was part of the Tennessee Supreme Court's Access to Justice initiative. Daniel spoke about UT pro bono and his work at the Disability Resource Center, and Prof. Barton spoke about UT's clinical programs, and some of the especially challenging issues in access to justice in an economic downturn. It was a tremendous panel and an excellent discussion followed.
Prof. Hendricks presents paper at Ontario conference
At the end of February, Prof Jennifer Hendricks visited Kingston, Ontario, for the Second International Conference on Feminist Constitutionalism at Queen's University. She presented a paper on "Equality and the Unitary Right to Abortion."
STUDENTS
Judges Score Final Round of 2008 First Annual 1L Advocacy Competition
Second Annual 1L Advocacy Competition
John Meagher, Class of 2008, had so much fun serving as Chief Bailiff in last year's Advocacy Idol contest that he has donated the funds to host this year's competition. The Second Annual 1L Advocacy Competition will be held March 25 beginning at 5 p.m. in Room 132. Judge Camille McMullen, Tennessee Court of Criminal Appeals, will preside over a panel of federal and state judges who will determine which first-year law student should be awarded the second Annual 1L Advocacy Idol Award. First-year law students, coached by second- and third-year students, will compete by presenting brief opening statements to the panel of judges. No advance preparation is required. Following the competition, the participants and judges will have dinner together and discuss ways to improve advocacy skills. Interested first-year students should sign up by emailing nnapper@utk.edu. The competition is limited to the first twenty-four first-year students who sign up. Students with questions about the competition may contact either Norene Napper at nnapper@utk.edu or Prof. Penny White at pwhite@utk.edu.
Students invited to join Transactions Journal
All interested first- and second-year law students are invited to apply to be a member of the 2009-2010 Transactions: Tennessee Journal of Business Law. The Transactions Journal will be holding a mandatory Interest Meeting on Tuesday, March 24, at 12 p.m. in Room 135. During this meeting, an overview of the Transactions Journal will be given, along with a discussion on the benefits of membership. Also, the application requirements will be discussed briefly. Joel Roettger, a practicing attorney in Knoxville, will be speaking at the meeting about his experience on the Transactions Journal. Transactions is an excellent opportunity for students to enhance their research and writing skills, as well as gain insight into the current state of business law. Additionally, the journal provides members with a forum for publication. Please contact Melissa Hughes, Managing Editor, at melissajane.hughes@gmail.com with questions or if you will be unable to attend the interest meeting.
Spoon Business Competition accepting submissions
The Journal of Business & Securities Law is accepting submissions through March 14 for the Elliot A. Spoon Business Law Writing Competition, which is designed to encourage business law scholarship among law students. MORE
Student Bankruptcy Law Writing Competition
The Bankruptcy Litigation Committee of the American Bankruptcy Institute has announced its first annual ABI Bankruptcy Law Student Writing Competition. For details, click here. Prof. George Kuney is happy to meet with students wishing to discuss topics relating to section 363 sales and plans of reorganization.
FCBA Student writing competition
The Federal Circuit Bar Association announces the 2009 George Hutchinson Writing Competition on a topic directed to a subject within the jurisdiction of the Court of Appeals for the Federal Circuit. Deadline for submissions is June 26, 2009. MORE
LEWIS CAREER CENTER
-- "Career Center: The Out of State Job Search," for 1LS,Tuesday, March 10, 12-12:50 p.m., Room 135.
-- "Confessions of a Young Lawyer: 5 Invaluable Lessons I Didn't Learn in Law School," Wednesday, March 11, 12-12:50 p.m., Room 135.