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The UMKC Law Review Presents
CALL FOR PAPERS
Professional Identity in Legal Education
The UMKC Law Review is pleased to announce a call for papers relating to the development of law student formation of their identities as members of a profession. Selected papers will be published in the Special Topics Symposium Fall 2020 edition of the UMKC Law Review.
This symposium invites proposals for papers exploring how to foster and nurture professional identities in a changing landscape in legal education, in client service, and in our quest for access to justice. Several large scale, social science-based studies, starting with the Carnegie Foundation study, Educating Lawyers(2007), have teased out an array of competencies that lawyers require in order to be effective in practice, for their clients, and for the system of justice. Most notably, the studies show that traditional legal education’s near laser focus on imparting legal knowledge, plus analytical and writing skills are not enough. The skills and competencies identified in these studies are far more complex and varied. These are the competencies that are core to the professional identity formation of law students. Recognizing this, law schools are adapting their curriculum. The Law School Admissions Council and National Conference of Bar Examiners are wrestling with the prospect of adapting their high-stakes examinations.
In this symposium issue, UMKC Law Review editors seek works that explore how to incorporate into the curriculum and to teach the lawyering effectiveness factors identified in these studies. We encourage faculty who teach in a variety of settings, from classroom, to clinic, to field placements and elsewhere to contribute curriculum and course design pieces.
Issue 3 of UMKC Law Review’s 89th volume will explore these and related topics with the goal of advancing law student professional identity. Articles and essays of all lengths and papers by single authors or multiple authors are invited. Preference will be given to works between 5,000 and 10,000 words. To be accepted for publication in UMKC Law Review, articles must not have been previously published. Papers are due June 1, 2020.
Proposals for papers should be submitted by May 1, 2020 to the attention of Bobby French (firstname.lastname@example.org), Trenton Garza (email@example.com), Mason Godding (firstname.lastname@example.org), and Professor Margaret (Meg) Reuter (email@example.com). Proposals should include the following information: *Name, title and contact information of author *Title of paper *Anticipated length as an article or essay *Abstract or brief description of the topic
 William Sullivan, et al, Carnegie Foundation for the Advancement of Teaching, Educating Lawyers: Preparation for the Profession of Law (2007). See also Marjorie M. Shultz & Sheldon Zedeck, Identification, Development, and Validation of Predictors for Successful Lawyering. Final Report to LSAC (Sept. 2008), http://www.law.berkeley.edu/files/LSACREPORTfinal-12.pdf; Steven S Nettles & James Hellrung, A Study of the Newly Licensed Lawyer, conducted for the National Conference of Bar Examiners (Applied Measurement Professionals, July 2012); Educating Tomorrow’s Lawyers, Institute for the Advancement of the American Legal System, Foundations for Practice (2016), https://iaals.du.edu/projects/foundations-practice.
On behalf of the UMKC Law Review board and faculty, we would like to say congratulations and welcome to our new staffers for Volume 88!
On behalf of UMKC Law Review, it is our pleasure to announce the comments that have been selected for publication!
Jessie Peel, The GDPR: The Biggest Threat to the Implementation of Blockchain Technology in Global Supply Chains
John Pipes, Slaying Zombie Debt: Missouri Rule 55.03 Can Prevent Time-Barred Debt Claims Through Sanctions,
Ali Barrett, How Long is Life: Defining a Life Sentence for Convicted Juveniles in Missouri
Megan Sword, To Err is Both Human and Non-Human
Joseph Salazar, An End Run on Mandamus
Jaclyn Alcantara, The Impact of Implicit Bias on Female Patent Applicants in an Age of Increasingly Vague Patent Standards
Bayli Martin, Catching Up to Science: State Law on the Enforceability of Surrogacy Agreements
Joseph Findley, Partisan Gerrymandering and the Show Me State: Applying the Standard in Whitford v. Gill to the Context of Missouri’s State and Congressional Districts
We appreciate all of your hard work!
Volume 87.2, one of our general issues, is headed your way!
If you are a current subscriber, we appreciate your support and we look forward to your feedback! If you are interested in subscribing to the UMKC Law Review, please follow the link, https://umkclawreview.org/subscribe/.
Forthcoming, Volume 87.3 will be our second symposium issue focusing on Administrative Law! We will keep you posted on when to anticipate its delivery.
The UMKC Law Review Board
We are currently sold out of Vol. 87.1 paper copies. Hard copies will no longer be available. However, all articles included in the 87.1 Issue are available online at Westlaw, Lexis Nexis, and HeinOnline.
For those who have recently ordered a single issue of 87.1, we process mailing orders weekly and orders take approximately one to two weeks to fulfill.
We appreciate your support and welcome feedback.
For questions, please contact firstname.lastname@example.org.
Happy Holidays from Volume 87’s Editorial Board & Faculty Advisors!
Back Row: Ashley West, Emily Carney, Jonathan Brown, Noah Nash, Nick Aubrey, Jordan Dollar, Cameron Roark, Daniel Petrosky
Middle Row: Nancy Levit, Andrew Tremonti, Jennifer Cacchio, Emma Bean, Nick Pappas, Jessica Peel, Courtney Flannigan, Emily Bittiker, Edward Cantu
Front Row: Sarah Smith, Anne Case-Halferty, Diane Plantz, Ashley Crisafulli, Cody Miller, Quinten Campbell
The 2018 Editorial Board is excited to introduce the incoming UMKC Law Review board for Volume 88!
We’ve had several individuals reach out to us about purchasing an individual issue/single copy of 87.1.
Here’s how you can get can your hands on 87.1:
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UMKC Law Review
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Additionally, all of the articles from our 87.1 issue are available for free via Westlaw and LexisNexis.
We are currently waiting for our reprints of 87.1 to arrive by mail. We anticipate they will arrive sometime between 11/12/18 – 11/16/18. We will fulfill any and all orders as soon as our reprints arrive. If you would like to be notified of our replenishment prior to making an order, please send us an email at email@example.com or fill out this form.
We appreciate all of the interest and inquiries into UMKC Law Review’s current issue regarding Criminal Sentencing Reform. Please let us know if we can be of further assistance.
Thank you from the UMKC Law Review Editorial Board
Volume 87.1, our symposium issue focusing on criminal sentencing reform, is headed your way!
If you are a current subscriber, we appreciate your support and we look forward to your feedback! If you are interested in subscribing to the UMKC Law Review, please follow the link, https://umkclawreview.org/subscribe/.
Forthcoming, Volume 87.2 a general issue! We will keep you posted on when to anticipate its delivery.
The UMKC Law Review Board
On behalf of the UMKC Law Review, We are excited to announce the summer comment writers whose papers were selected for publication:
Rachel Zender, Bud, Bongs & Bank: The impact of state legalized marijuana on financial institutions
Cody Weyhofen, Scaling the Meta-Mountain: Deep Reinforcement Learning Algorithms and the Computer-Authorship Debate
Jessica Lile, FCC Privacy Protection and the Carpenter Decision
Renee Warden, Where is the Empathy? Understanding Offenders’ Experience of Empathy and its Impact on Restorative Justice
We are so thankful for all of your hard work!
The Warren E. Burger Prize for Writing is a writing competition designed to promote scholarship in the areas of professionalism, ethics, civility, and excellence. The American Inns of Court invites judges, lawyers, professors, students, scholars, and other authors to participate in the competition. One of our Managing Editors, Jonathan Brown is the 2018 winner. Jonathan will receive a cash prize, his essay will be published in the South Carolina Law Review, and the prize will be presented to him at the American Inns of Court annual Celebration of Excellence at the Supreme Court of the United States.
Jonathan’s essay “Two Approaches to the Modern Reality of Temporary Cross-Border Legal Practice: The United States and the European Community” can be found in Volume 70 of the South Carolina Law Review.
Jonathan would like to say thank you to his wife, Megan, for her support and encouragement and Professor Nanney for his expertise and valuable input.
The latest volume of the UMKC Law Review will be available in print in the coming weeks! Volume 87, Issue 1 is a symposium edition that focuses on Criminal Sentencing Reform. If you are a current subscriber, it’ll be on it’s way and we appreciate your commitment! If you are interested in subscribing to the UMKC Law Review please follow the link, https://www.umkclawcle.org.
The Green Economy Symposium is a partnership of the Edward A. Smith/Bryan Cave Symposium, the UMKC Urban Entrepreneurship Initiative, The University of Missouri-Kansas City (UMKC) Law Review and several academic units of UMKC. The symposium focused on the responsibility of preserving a livable environment in an age of environmental challenges such as climate change, water shortages, and other issues.
Thursday, October 5, 2017
All sessions will be held in the E.E. “Tom” Thompson Courtroom or the Student Lounge on the Ground Floor of the UMKC School of Law.
8:00 – 8:30 AM Check-In & Welcome Breakfast
8:30 – 8:55 AM Welcoming Remarks
Summary: Introduction; tribute and silence in honor of Professor Fred Cheever
- Sly James, Mayor, Kansas City, MO
- Barbara Bichelmeyer, Interim Chancellor and Provost, UMKC
- Anthony Luppino, UMKC School of Law
- Irma Russell, UMKC School of Law
- Chris Muehlberger, Environmental Protection Agency
9:00 – 10:30 AM Resilient Communities – Kansas City Smart City Infrastructure
Summary: Data-driven municipal decision-making, facilitated by deployment of sensors and other data gathering mechanisms, has great potential to improve public safety and health and efficient and effective delivery of public services. “Open data” portals and “living lab” endeavors can disseminate information to innovators and entrepreneurs that they can use to address societal challenges. However, these technology-assisted endeavors come with risks to the protection of personal privacy.
A team led by UMKC in a City of KCMO-initiated project, also involving collaborators from other institutions, is exploring the types of data smart city deployments and open data initiatives collect, how it is being collected, stored and released, and the relative roles and responsibilities of various participants in the associated processes. The project, in the MetroLab Network portfolio and in the UMKC-led Legal Technology Laboratory (LTL), involves applying people-first approaches to fashioning model policies that include timely citizen participation and representation, along with robust oversight, and seeks to develop a technology-based toolkit to gauge and facilitate compliance with such policies. A second project to be described in this session (which is part of the LTL portfolio) is an interactive website that is being designed to help potential buyers of Land Bank properties select locations and properties that best fit their individual needs and preferences. The underlying data are drawn from the KCMO open-data portal and include such factors as trends in crime rates, property violations, 311 calls, building permits, and other property-specific and neighborhood indicators of interest to potential buyers.
This panel will discuss both key elements of those two projects and, more broadly, how they evolved from a multidisciplinary and inter-institutional approach to projects-based learning that has spawned other curriculum additions at UMKC that other universities might replicate.
- Anthony Luppino, UMKC School of Law
- Michael Robak (via Skype), University of St. Thomas School of Law
- Kate Garman (via Skype), City of Seattle
- Jim DeLisle, Lewis White Real Estate Center, Bloch School of Management
- Ellen Suni, UMKC, Dean Emerita, Moderator
10:40 – 11:50 AM An Inclusive Green Economy
Summary: A green economy promises to bring with it thousands of jobs—many more than will be lost because of the regulation needed to mitigate and adapt to climate change. But the green economy will exacerbate wealth inequality in some areas of the United States because the people who lose jobs when pollution rules tighten will not likely be the ones getting them when the green economy blooms. If the green economy is to be inclusive, the country must reconcile the goals of Regulatory State (concerned with health, safety, and environmental protection) with the goals of the Social Welfare State (concerned with social and economic well being). If Americans are to be capable of operating in the market economy, participating in civic society, and coping with life’s inevitable struggles, they will need both government protections and economic security. Without this unified package, which we identify with “social resiliency,” the United States will not be fairer or safer.
- Robert R.M. Verchick, Loyola University New College of Law
- Sidney Shapiro, Wake Forest University School of Law
- Julie Cheslik, UMKC School of Law, Moderator
12:00 – 1:15 PM Luncheon: Corporate Climate Action and Socially Responsible Investing
Summary: Concerns have mounted in recent years with respect to issues such as climate change, social inequity, and other environmental, social and governance (“ESG”) factors. Investors and financial institutions are becoming increasingly mindful of those concerns and are looking to Corporate America to contribute towards solving them. Responding to such pressures, and consistent with good management practice, corporations are rising to the challenge. They are tapping into private resources to undertake sustainability initiatives that can transform cities. The speakers will discuss the business, investor relations and other factors driving this trend, and provide examples on how businesses are stepping in to improve the urban environment. As one case in point, they will focus on how businesses are working with other sectors in New York City to assist the City government in achieving its commitment to achieve an 80 percent reduction in City-wide carbon emissions by 2050.
- Kevin Healy, Bryan Cave LLP
- Steven Poplawski, Bryan Cave LLP
1:30 – 2:10 PM P3 – Opportunities for America’s Infrastructure
Summary: For much of the 20th century, America’s Infrastructure was the envy of the world. Crisis borne of the Great Depression and leadership during and following WWII combined to deliver, among other infrastructure, the Hoover, Grand Coulee and Tennessee Valley Authority Dams that still today deliver power to large sections of our country. This also includes the construction of the Interstate Highway System in the 1950’s and 1960’s and DARPA’s seminal work on the Internet in the 1960’s. The themes of this conference are sustainability, entrepreneurship and innovation and all three were on vivid display in each of these projects. This session will explore the challenge of renewing America’s infrastructure in light of these themes by framing some of the issues the Trump administration could consider in formulating an infrastructure plan for America. The considerations will focus on the opportunities and challenges public private partnerships present and feature several case studies that demonstrate lessons learned from both successful and unsuccessful P3 projects. It will conclude with a number of specific recommendations federal, state and local units of government could consider in their desire to attract capital and engage private sector know-how in creating infrastructure for America in the 21st century worthy of our country’s past efforts.
- Greg Hummel, Bryan Cave LLP
2:20 – 3:50 PM Sustainable Energy and Constitutionalism
Summary: This session’s presentation will deal with constitutionalism and the environment. The growth of both the need and will to preserve environmental values is apparent in a multitude of contexts. Many countries around the world now expressly recognize the right to a clean and healthful environment as a matter of their constitutions. In the United States, though the U.S. Constitution does not expressly state this right, sustainability, in form and policy, is observable in interrelated American arenas. For example, Indian tribes and their ceremonial practices on aboriginal sacred lands and National Parks pledge to protect lands for future generations. As the urgency of water scarcity increases, state disputes about water allocations under interstate compacts are bound to increase as well and to raise constitutional issues relating to the right to water, state sovereignty, and sustainability. More broadly, the Juliana v. U.S. case recognizes the federal trust and the constitutional basis of protection to a healthful environment, affirming standing of children to assert a public trust in federal resources that would compel federal protection of sustainability against climate change. The panel’s focus and discussion of application of the Due Process Clause, the Equal Protection Clause and other aspects of the constitution to the green economy encompasses a range of legal developments in the law and society.
- John Ragsdale, UMKC School of Law
- James R. May, Widener University
- Burke Griggs, Washburn University School of Law, Commentator/Moderator
- Irma Russell, UMKC School of Law, Moderator
4:00 – 4:45 PM Microgrids: Sustainability, Resiliency, and Economics
Summary: Panelists (representatives from government, utilities and utility customers) will discuss the benefits that microgrids can provide to industrial customers in terms of: 1) resilience (primarily the ability to island the microgrid during grid outages); 2) integrating renewable generation resources into the microgrid to meet the customer’s sustainability goals; and 3) economic advantages (generating from the microgrid resources when doing so is cheaper and taking service from the grid when that is cheaper, and selling power into the grid when that is advantageous).
- Lewis Mills, Bryan Cave LLP
- Ed Hedges, Kansas City Power & Light Company
- Jason Holsman, Missouri State Senator, 7th District in Jackson County
- Chris Holman, UMKC School of Law, Moderator
5:00 – 6:00 PM Reception
6:00 – 7:00/7:30 PM A Groundswell of Change in the Heartland:
Summary: We are uniquely positioned to transform the vitality and resilience of our community.
The nationally-recognized growth of Kansas City’s entrepreneurial ecosystem, remarkable investment, growth and re-development in the urban core, combined to create a unique opportunity to fundamentally redefine the vitality and resilience of our Heartland region. Examples of the innovation and commitment of our region abound and include the new streetcar system, participation in smart city initiatives, pioneering efforts in neighborhood revitalization projects, healthy urban food systems, social equity programs, improvements in the performance and reduced cost of renewable energy
Systems thinking and a collaborative community dialogue are required to overcome the inertia of obsolete systems, laws and practices that limit our potential to create a new regenerative urban ecosystem. There are strong reasons for hope as evidence is growing that the heartland region has the capacity and can muster the will to build on the current groundswell to change the trajectory of our future at the most important moment in human history. This unique opportunity to design systems, policies, laws and investments to create a regenerative future for life, can assure the vitality and resilience of our citizens and the natural capital that supports our cities. Such efforts advance the benefits in our region and, additionally, provide national exposure and leadership for other communities committed to protecting the environment to serve the public good.
- Introduction by Barbara Glesner Fines, UMKC School of Law
- Introduction by Irvin Belzer, Bryan Cave
- Bob Berkebile, BNIM
Friday, October 6, 2017
All sessions will be held in the E.E. “Tom” Thompson Courtroom or in the Student Lounge on the Ground Floor of the UMKC School of Law.
8:15 AM Introduction by Barbara Glesner Fines, Interim Dean, UMKC School of Law
8:30 – 9:30 AM Resilience Justice and Public-Private Partnerships with Community-Based Organizations for Green and Blue Infrastructure
Summary: This session addresses the intersection of three important aspects of local communities, environments, and economies: 1) green and blue infrastructure (e.g., parks and open space, trees and vegetation, well-functioning waterways and watersheds, agricultural lands and soils, biotic stormwater controls, greenways and trails, and others) as essential natural capital to facilitate and build the adaptive capacity and resilience of communities to disturbances, shocks, and changing conditions; 2) partnerships between government agencies and community-based organizations, especially in marginalized communities, to build social capital and participatory, collaborative problem-solving; and 3) attention to disparities in the resilience, adaptive capacity, and vulnerabilities of marginalized communities, especially low-income communities and communities of color.
- Introduction by Irma Russell, UMKC School of Law
- Tony Arnold (via Skype), Louis D. Brandeis School of Law – University of Louisville
9:40 – 11:50 AM Forms of Doing Business in the Green Economy
Summary: This session explores legal issues in choosing and implementing an organizational structure for a social venture. The discussion will examine attributes of traditional for-profit and non-profit entities and recently emerging hybrid entities (including L3Cs and benefit corporations, and proposals for other forms), and significant issues in capital structure and tax planning. Particular emphasis will be placed on considering the fiduciary duties of managers with missions that include the pursuit of social benefits, addressing some popular misconceptions about hybrid entities and “program related investments,” and exploring policy debates.
- Anthony Luppino, UMKC School of Law, Moderator
- John Tyler, Ewing Marion Kauffman Foundation
- Chris Hoyt, UMKC School of Law
Joan Heminway, The University of Tennessee College of Law
12:00 – 1:30 PM Luncheon: Acting as if Tomorrow Matters: A Conversation with the Next Generation
Summary: This session will explain why we are facing an emergency with respect to climate and that emergencies force people to change the things that they have been doing, in order to respond effectively. The presentation will then identify at least seven things that individuals should do differently now in order to address climate change.
- John Dernbach, Widener University Commonwealth Law School
- Brandon Weiss, UMKC School of Law, Moderator
- UMKC Faculty Commentators: Clara Irazabal-Zurita, Molly Davies, and Jimmy Adegoke
- UMKC Students, including officers of the Environmental Law Society (President: Courtney Ruby) and the Law Review student editors.
1:30 PM Closing Remarks by Irma Russell, UMKC School of Law
You can access the presentations from both days here.
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Congratulations to the following students for being chosen to publish with UMKC Law Review this Fall.
Emily Bittiker, The Borderlands of copyright: the Useful-Article Doctrine in light of Star Athletica v. Varsity Brands. Faculty Advisor: Professor Holman
Jennifer Cacchio, What You Don’t Know Can Hurt You: The Legal Risk of Peering Into the Gene Pool with Direct-to-Consumer Genetic Testing. Faculty Advisor: Professor AK
Robert Hoeven, Kansas Public School Funding: Problems and Possible Solutions. Faculty Advisor: Professor Wiseman
Courtney Ruby, Let It Grow. Faculty Advisor: Professor Holman
Diane Plantz, The Patient Safety and Quality Improvement Act: A Total Eclipse. Faculty Advisor: Professor Levit
Jonathan Brown, The Modern Foreign Commerce Clause: U.S. v. Baston and Extraterritorial Sex Trafficking Statutes. Faculty Advisor: Professor Cantu
Congratulations to the newly named 2018-2019 UMKC Law Review Executive Board!
“[T]here are questions of law of fact common to the class…” In 2011, the Supreme Court ruled that a class of 1.5 million class members, spanning all fifty states, did not meet the required commonality quoted above. The Court ruled that commonality required plaintiffs to establish that all class members suffered the same injury. The Court interpreted the above quotation to require potential members’ claims have a common contention capable of resolution among the entire class. This means “determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” The Court went on to quote a law review article that stated,
No Fault Means No Benefits: “Misconduct” as Defined by Missouri’s Employment Security Law by Zachary J. Cloutier
Paul works for Nee’s Auto Shop, a local automobile service center. Nee’s Auto Shop hired Paul a few months ago for a seasonal position as a customer service associate, because Nee’s Auto Shop is especially busy during the holiday season. After demonstrating a strong work ethic and an aptitude for the position, Nee’s Auto Shop offered Paul full-time employment, which Paul gladly accepted. Paul’s duties include all initial tasks relevant to repairs, such as drafting work orders and assisting the Shop’s customers.
Three years later, Paul still works for Nee’s Auto Shop. Like previous years, the holiday season brings increased business. However, unlike previous years, Nee’s Auto Shop did not hire additional, seasonal employees. As a result, Paul is responsible for handling an ever-increasing workload and is struggling to maintain the shop’s books. Paul fails to charge a group of customers for parts and services, including a customer that Nee’s Auto Shop knows to be Paul’s close friend. Despite the mistake, Nee’s Auto Shop has a very successful holiday season and fails to notice any billing discrepancies.
Three months after Paul’s billing error, Nee’s Auto Shop reviews its past work orders in preparation to file its taxes, and notices a discrepancy in its billing records. The Shop’s owner tracks the customer data to work orders originated by Paul and concludes Paul failed to bill the customers at the shop’s expense. Soon thereafter, the owner confronts Paul about the billing errors. Paul denies knowledge of them and claims that he would never purposefully failed to bill a customer. But, the owner is unsatisfied with Paul’s denial and believes Paul did not charge the customers so that his friend could receive free repairs. The owner also knows his unemployment tax rate will increase if he arbitrarily discharges Paul. To protect his company’s interests, the owner finds an obscure company rule prohibiting preferential billing and discharges Paul citing the billing rule as his basis.
Affirmative Action and the Struggle Against Systematic Oppression: How Race-Based Admissions are not a Threat to America by Linda Adeniji
In June 1965, President Lyndon B. Johnson delivered the commencement address at Howard University, where he said:
Freedom is not enough . . . You do not take a person, who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, ‘you are free to compete with all the others,’ and still justly believe that you have been completely fair. Thus it is not enough just to open the gates of opportunity.
President Johnson delivered this speech as formal discrimination came to an end in the 1960s with the passage of The Civil Rights Act and as many African-Americans were still confronted with informal and debilitating discrimination. As a result, Affirmative Action was born, giving preferences to African-Americans in higher education admissions and hiring practices, and igniting a fierce debate over the constitutionality of such policies that continues today.
Opponents of Affirmative Action argue that such consideration of race in the admission and hiring of African-Americans violates the Equal Protection Clause of the Constitution.