November 1986 Dear Alumni and Friends of the Texas Tech Law School, This volume of The Cornerstone is my 1985-86 Dean's Report. Last year was my first year as a law school dean, although I had been a law professor for more than a dozen years. I knew that there would be no major surprises but I was anxious about this new role in legal education. That anxiety grew out of dual concerns: could I do an acceptable job and would I enjoy the work. I now think I can attempt an answer to the first question and I am confident of my answer to the second question. The answer to each question requires some explanation. It is possible for me to do an acceptable job - but only because the task is such a simple one. All I do is orchestrate and facilitate the work of others. The Texas Tech School of Law is currently comprised of an excellent student body, a productive and hard working faculty, and the support and assistance of University President Lauro Cavazos and Vice-President of Academic Affairs and Research Don Haragan. We are further nurtured by an extraordinarily supportive network of alumni and friends . It is therefore entirely predictable that the product of this year's endeavors would be outstanding. This report will cover our students, faculty, several special contributions and gifts as well as brief coverage of admissions, curriculum, continuing legal education programs and alumni news. Once you have had an opportunity to read through this Dean's Report I think you will agree with me that last year was quite productive by any standard. It is hardly surprising that I would find my work as Dean enjoyable. But it would not have been so enjoyable if our staff, both in the law school and the law library, were not gifted and dedicated. They have patiently guided me away from problems and helped me support the work of our students and faculty . Now that I have had this chance to reflect on the past year I am struck by two overriding impressions. First, I am amazed at how quickly my family and I have been accepted at the Law School, the University and in Lubbock. Second, I am confident that the Texas Tech Law School stands poised on the cusp of another good year. I am fully aware of the problems posed by revenue shortfalls in Texas. This is not a happy development. But the strength of our program and our people promise ultimate success . I look forward to "orchestrating" and "facilitating" the collective ability and commitment of our students, faculty , staff, alumni and friends in 1986-87. Sincerely, W. Frank Newton Dean 1 I CONTINUING EDUCATION STUDENT HIGHLIGHTS The Texas Tech Law Review Completes a Productive Year The Law Review published two special issues in 1985-86 in addition to four regular issues. The 1986 Supplement to the Texas Family Code Symposium updates the Law Review's comprehensive 1982 publication and includes case interpretation as well as additions, amendments, or deletions to provisions of the Texas Family Code. 2 A new publication, the Texas Administrative Agency and Legislative History Citation Guide, serves as a current research tool for use in connection with Texas administrative agency materials. The Law Review was cited by the Corporate, Banking & Business Law section of the State Bar for publishing the Best Case Note this year in a Texas law review. National Moot Court Team also qualified for the national finals after winning second place in regional. The Tech team competing in the ABA's first National Negotiation Competition took second place. Teams reaching the semi-finals in their respective competitions include National Mock Trial, National Appellate Advocacy, Trial Lawyers Association Mock Trial and the Underwood, Wilson, Berry, Stein & Johnson State Moot Court Team. Over thirty second and third-year students participated on the interschool teams which were coached by law professor Charles Bubany, adjunct law professor Donald Hunt of the Lubbock firm of Carr, Evans, Fouts & Hunt and D. Murray Hensley of the Lubbock firm of McWhorter, Cobb & Johnson. Fourteen students comprise the Review's editorial board. The remaining membership has twenty third-year students and twenty-eight second-year students. The team achieving the highest recognition was the Benton National Moot Court Team which won second place in national competition in Chicago. Tech law student Lin Hughes won Best Oralist honors. The Winstead, McGuire, Sechrest & Minick National Client Counseling Team captured first place in regional competition and advanced to the semi-finals nationally. The Numerous Conferences Establish CLE Program The Board of Barristers sponsored seven intraschool competitions with over 200 students participating. The competitions listed below are each sponsored yearly by a Texas law firm . Mehaffy, Weber, Keith & Gonsoulin First Year Mock Trial Kemp, Smith, Duncan & Hammond Fall Advanced Mock Trial Scott, Hulse, Marshall, Feuille, Finger & Thurmond Spring Advanced Mock Trial Grambling & Mounce First Year Moot Court Shank, Irwin & Conant Fall Advanced Moot Court Geary, Stahl & Spencer Spring Moot Court Charles P. Bubany Client Counseling (Phil Brown and Sam Brown sponsors) The Law School's continuing legal education program was expanded dramatically in 1985-86 with the sponsorship of seven conferences, the largest number of programs presented by the school. Legal Research Board Completes Thirty Projects Advocacy Teams Mark Championship Year The 1985-86 academic year was a championship year in advocacy in regional and national competitions. Tech students participated in eight different moot court, mock trial and negotiation competitions with several teams vying for national titles after winning or placing at the regional level. Board of Barristers Sponsor Competitions I Lin Hughes accepts book awards for her selection as Best Oralist in the Benton National Moot Court Competition. The Legal Research Board completed over thirty research projects in 1985-86 for lawyers throughout the State. Serving as a "briefing staff" for practicing attorneys, the Board researched requested legal topics and drafted legal memoranda. Topics ranged from banking issues such as the definition of "adequate financing" to water law questions concerning obstruction to the natural flow of water. Board membership is comprised of fourteen second and third-year students who are selected for their proficiency in research and writing. Fees of $10 per hour for research services are contributed to the Law School Foundation. The most well-attended conference was the one-day seminar on the New Texas Rules of Criminal Evidence which drew over 600 lawyers to San Antonio in March. The second-largest program, the Ninth Annual Banking Law Institute held in Dallas in April, attracted over 250 attorneys. Three seminars have become annual programs: the Banking Law Institute; the Stay Abreast of Law Seminar held in Lubbock in October; and the Medical Malpractice Conference held last year in San Antonio in April. The Immigration Law Conference held last April in EI Paso was presented for the second year. The Law School sponsored three new conferences in 1985-86 including the Farm, Ranch and Agribusiness Bankruptcy Insitute in Lubbock in November; the Conference on Trade and International Law in EI Paso in February; and the Conference on the New Texas Rules of Criminal Evidence. The Farm, Ranch Institute and the International Law Conference hosted speakers and participants from several states. All but one conference, the Stay Abreast of Law Seminar, was co-sponsored by another law school or bar association. This approach has allowed the Law School to develop and establish its CLE program quickly. The entire program has been extremely well-received due to the high caliber of speakers, many of whom are nationally recognized experts in their field of law. The expansion of the program has increased substantially the visibility of the Law School among lawyers while providing a necessary service to the bar. 3 CURRICULUM GIVING Opportunities for Giving Reshape &- Revitalize 4 New giving opportunities will shape the future of the Law School - providing a solid base for continued academic excellence. The Law School hopes to fill the Jack Maddox Professorship of Law and to substantially advance funding of two additional professorships. Plans are in motion for several Presidential Scholarships to enhance and broaden the current scholarship program, and the Annual Alumni Giving Program has been revitalized to include city-by-city campaIgns. A complete report on the Giving Program will be included in the Winter issue of the Cornerstone, but the following describes recent developments in securing Law School support. The Jack Maddox Professorship of Law Named for the late Jack Maddox, a 1929 Texas Tech graduate, the Jack Maddox Professorship of Law was made possible by an endowment announced in 1982 by the Maddox Foundation. Professor Murl Larkin was named as the first Maddox Professor. A search is underway for the second Maddox Professor of Law. T he Alvin R. A llison Professorship of Law In recognition of the Law School's founder, the Alvin R. Allison Professorship of Law was begun in the fall of 1986 by Texas Tech Law School alumni and friends. Review of Curriculum Brings Major Changes Law School Association President William Allensworth of Dallas. Charles R. Battin, President of the First National Bank of Levelland congratulates Alvin R. Allison on the naming of the Alvin R. Allison Professorship of Law. The Bank has been a substantial contributor to the Professorship. The Robert H. Bean Professorship of Law The Bean Professorship, named for retired Lubbock State District Judge Robert H. Bean, was initiated this year as a part of the Texas Tech University Enterprise Campaign. Lubbock State Senator John Montford serves as special coordinator. Annual Giving Program The Texas Tech Law School Association has begun a city-by-city campaign to increase the percentage of giving by alumni. Last July, Association President William Allensworth kicked off the first program in Dallas. Similar programs are underway in Amarillo - under the leadership of John Huffaker - and Beaumont - under the leadership of Jo Ben Whittenburg. Before the end of this school year a campaign will be conducted in every major city in the State. Library Expands Through Contributions and Allocations John Montford, Dean Newton, Judge Robert Bean Endowed Presidential Scholarships The J .H. Splawn Scholarship is the first Law School Presidential Scholarship. The endowment has been created in honor of Lubbock lawyer Johnny Splawn by his law partner John Simpson ('75). Contributions from Lubbock area attorneys, together with an allocation of $75,000 from the Higher Education Assistance Fund ("Proposition 2"), has enriched the library collection by some 800 new books. The HEAF allocation was due primarily to the efforts of Dean Newton and Dr. Len Ainsworth, Associate VicePresident for Academic Affairs. The new books cover a vast array of law-related topics, and may be borrowed by alumni if the desired items are not currently needed for courses being taught. President Cavazos allocated to the library $4,700 in 1985-86 for the purchase of computer equipment which allows the Law Library to begin converting bibliographic records to archival tape, thereby preparing the library's participation in a campus-wide online catalog. Murl Larkin (L) receives congratulations from Maddox Foundation Vice President Don Maddox and Texas Tech President Lauro Cavazos. John Simpson (I) and Johnny Splawn The curriculum directly affects the quality of legal education, and therefore continuous review of the curriculum is a major faculty endeavor. After a year-long study, the faculty recently approved curriculum changes to better prepare graduates for professional careers extending well into the twenty-first century. Taught for many years as five credit courses, the basic first year courses Civil Procedure, Contracts, Torts, Property, and Constitutional Law are now being taught as four credit courses. Evidence was moved from the second year to the second semester of the first year. The first year curriculum was expanded to include Legal Process, an intensive one week introduction to law, and Non-Judicial Process, a two credit course focusing on methods of dispute resolution outside litigation. Legal writing is more prominently treated in Legal Analysis, a course taught by all faculty members to small sections of first year students. This writing program extends from the middle of the fall semester through the spring semester and includes eight to ten writing projects followed by prompt evaluation. The second year courses of Wills and Trusts, Commercial Law, Business Entities, and Income Taxation have been retained as part of the required curriculum. Reduction of basic first year courses from five to four credits have been complemented by expanding elective offerings in related areas to permit a measure of specialization relating to the professional interests of advanced students. The elective curriculum has been enriched in recent years by clinical courses providing practical experience in professional skills. Trial Advocacy, Appellate Advocacy, Arbitration, Collective Bargaining, Negotiation, and Client Counseling develop skills while applying substantive law. All students receive training in cont'd on p 6 5 ALUMNI NEWS ADMISSIONS Curriculum (cant'd) computerized research in the first year course Legal Research and are encouraged to use these skills during the remainder of their legal education. As in the past, the general objectives of our curriculum in the future are to require of all students those courses necessary for a comprehensive foundation in law, to provide reasonable opportunities for specialization in the elective curriculum, and to provide education in professional skills. 6 Admissions Profile Shows Positive Increases The Law School's 1986 entering class of 223 students represents the largest first-year class in three years . Applications were up and overall improvements were apparent in the average G.P.A. and the LSAT profile. For example, forty-five students this year scored in the 80th percentile or above while only 25 students in last year's class ranked in that level. The number of students with a combined 80th percentile on the LSAT and a 3.3 G.P .A. or better doubled over the previous entering class. The Admissions Committee attributed the improvement in part to the awarding of full tuition scholarships based strictly on merit. This new program has helped increase the number of registered students who scored in the 90th percentile or above range on the LSAT. The admissions profile on the entering class of 1986 and a profile as it compares to 1985 is as follows: Active Alumni Continue Support Admissions Profile 1986 1985 223 (20 summer entrants, 203 fall) 192 (19 summer entrants, 173 fall) Applications 1,259 received 1,220 completed 1,1 75received 1,136 completed Grade Point Average 3.14 avg. 3.10 avg. LSAT Score 33.63 avg. 33 avg. Undergrad. Colleges Represented Texas-37 Out of State-24 Texas-31 Out of State-I5 Residency Status Texas-I85 Non-residents-7 Texas-211 Non -residen ts-12 Age 26 average 25 average Sex Female-70 (36.5%) Male-122 (63.5%) Female-71 (31.8%) Hispanic-9 Black-2 AmericanIndian-3 AsianAmerican-l Hispanic-5 Black-2 Asian Pacific Islander-2 15 9 Class Size Minority Male-152 (68 .2%) Alumni throughout the state met with Law Dean Frank Newton as he visited eleven local Law School Association chapters. Cities included Amarillo in October; Abilene in November; Houston in January; El Paso in February; San Antonio in March; Dallas in April; and Fort Worth, Beaumont, Nacogdoces, Tyler and Mount Pleasant in May . Newton emphasized on each of his visits the importance of alumni support particularly in a year of budget cuts, and he thanked graduates for their continued assistance in recruiting top students to the Law School. Other Association activities included the Annual Alumni Weekend and the Class of '75 reunion in Lubbock in October and the Annual Meeting for the Association held in Dallas in April. William Allensworth ('74) of Dallas was installed as President along with twenty-seven officers and directors. The Association hosted its annual reception and sponsored an alumni breakfast for the first time this past June during the State Bar Convention. Alumni were asked to contribute to the Law School through the yearly Dean's Inner Circle fund drive. Plans were initiated to begin a series of fund-raising campaigns in major cities in the State. Associa tion President Allensworth began the first drive in Dallas last July. (I to r) Harry Cure ('75) District Director of Ft. Worth, Robert Pou ('75) and John Settle ('75) both of Dallas attended the Annual Law School Association Meeting held in Dallas in April. Taking an opportunity to visit with Dean Frank Ne w ton at the Annual Law School Association Meeting in Dallas in April are Carey Dalton ('85) of Ft. Worth and Beth Bergle ('84) of Dallas. C lass of 1986 GERALD R. SMITH is the Director of CAUSE, Inc. community action programs. The county chartered enterprise is a four county poverty agency. Smith's new address with CAUSE, Inc. is PO Box 438, Hillsboro, Texas 76645, 817/582-3423. HENRYANDLAYNEYOUNGNG became the proud parents of a girl and a boy on August 6. The twins, Leah Enree and Roman August, are at home with their parents at 6104 S. E. Ivon, Portland, Oregon 97206. C lass of 1985 RICK D. DAVIS, JR. recently completed a one-year clerkship as briefing attorney for the Honorable Chief Justice John L. Hill of the Texas Supreme Court. He is presently associated with the law firm of Cotton, Bledsoe, Tighe & Dawson in Midland, Texas; PO Box 2776, Midland, Texas 79701, 915/684-5782. Rick and his wife, Karen, have a new son, Jordan Way Davis. KEVIN M. MURPHY recently became associated with the law firm of Weller, Wheelus & Green in Beaumont. H.L. O'NEAL has become an associate with the firm of Turner & Medina, Attorneys at Law, 2019 Broadway, Lubbock, Texas 79401, 806/763-3661. 7 Class of 1984 C lass of 1983 DANA LIVINGSTON McCLAREN is presently an associate of Cowles & Thompson, Attorneys at Law, 4000 InterFirst Plaza, 901 Main Street, Dallas, Texas 75202. JIMMY (SKIP) HULETT and C.E. ROTH, III have formed a new partnership to practice law under the name of Hulett & Roth, 700 North Street, Suite 101, Beaumont, Texas 77701, 409/839-4577. Hulett will concentrate on workers' compensation and personal injury, while Roth will concentrate on commercial, banking and real estate law. CYNTHIA SNELL OSBORN has become associated with the firm of Larry W. Hicks and Associates, Wakefield Plaza, 415 East Yandell, Suite 100, El Paso, Texas 79402, 915/533-9313. 8 PAUL K. HUTSON completed a two year judicial clerkship with U.S. District Judge Lucius D. Bunton, III. Hutson is presently associated with the law firm of Minton, Burton, Foster & Collins, 1100 Guadulupe, Austin, Texas 78701. BELINDA MANNING HOWELL has relocated to the firm of McCleskey, Harriger, Brazill & Graf, PO Drawer 6170, Lubbock,Texas 79493, 806/796-7304. MARK C. SNYDER has joined the firm of Snyder & Rugaard, 1700 N. Hampton Road, PO Box 248, DeSoto, Texas 75115, 214/278-2164. RICHARD M. FORREST, formerly an associate of Witherspoon, Aikin & Langley of Herefotd, is presently an associate of the law firm of Brill & Brooks, 3300 InterFirst Plaza, 1100 Lousiana, Houston, Texas 77002, 713/739-9990. Forrest's new responsibilities will be principally the defense of Certified Public Accountant malpractice claims. ERIN Y. BAKER recently joined the law firm of Baker & Botts, 2001 Ross Avenue, 800 LTV Center, Dallas, Texas 75201, 214/953-6529. GAR Y L. STEEL has opened a new office in New Braunfels. His new address is 245 S. Seguin, New Braunfels, Texas 78130, 512/625-7751. DAVID E. PURYEAR was recently promoted to Chief of Trial Division. He had previously servied as Chief of Intake Division. His address is PO Box 1748, Austin, Texas 78767, 512/473-9415. Class of 1982 Class of 1981 RUSSELL P. BROOKS is presently the County Attorney of Hunt County, Texas. His address is 2500 Lee Street, Greenville, Texas 75401. Brooks also serves as Secretary/Treasurer of the Hunt County Bar Association. SID HAM is an associate with the law firm of Witherspoon, Aikin & Langley, PO Box 1818, 140 E. 3rd Street, Hereford, Texas 79045. MIKE M. CALFIN recently became an associate of Walters & Associates, Attorneys at Law, 1602 Avenue N, Lubbock, Texas, 79401. KARL L. THOMAS has moved from New Orleans to Houston. His new address is PO Box 2180, Houston, Texass 77252-2180, 713/656-3681. MICHAEL P. FREDERICK is being transferred to the Icelandic Defense Force to serve as Deputy Staff Judge Advocate in a Joint Command Assignment with the U:S. Navy. Until recently, Frederick served as Assistant Staff Judge Advocate with the U.S. Air Force at Reese, AFB, Lubbock. His new address is IDF, Box 1 (SJA), FPO, New York 09571-0101. SAM OGAN AND J. EDWIN PRICE have formed a partnership under the name of Price and Ogan, Lawyers, 1212 13th Street, Suite 204, Lubbock, Texas 79401, 806/763-9299. The firm is engaged in general practice with concentrations in criminal, collections, personal injury and civil litigation. LAURA McELROY has opened her own office for the general practice of law in Austin. Her new address is 511 West 7th Street, Austin, Texas 78701, 512/472-8872. RAYMOND C. BRUBAKER has been promoted to manager of the Dallas/ Ft. Worth office of Arthur Andersen & Co., 5600 InterFirst Plaza, PO Box 650026, Dallas, Texas 75265. C lass of 1980 CHARLES MICHAEL GRAY is presently an associate of Akin, Gump, Strauss, Haver & Feld, 4100 First City Center, 1700 Pacific, Dallas, Texas 75201, 214/969-2800. C lass of 1979 DANIEL R. BARRETT has become a partner in the firm of Shannon, Gracey, Ratliff & Miller, 2200 First City Bank Tower, Ft. Worth, Texas 76102, 817/336-9333. STEVEN WATKINS is serving as President of the Hunt County Bar Association for 1986-87. CHARLES A. (CHUCK) ELLISON has become a partner in the firm of Caperton, Rodgers & Miller, PO Box 4884, Bryan, Texas 77805, 409/260-9911. 9 PLACEMENT C lass of 1978 Class of 1975 GERALD D. QUAST, Esq. and D. WOODARD GLENN, Esq. have moved their firm of Quast & Glenn to a new location at 2603 Oak Lawn, 2nd floor, Dallas, Texas 75219,214/528-4810. FELIX J. STALLS, III (Major, USAF) recently assumed the position of Chief, Aviation and Admirality Law, Claims and Tort Litigation Division, Headquarters USAF-Office of the Judge Advocate General. Stalls is responsible for USAF representation in all tort litigation involving aviation activities. Class of 1977 10 MICHAEL e. BOYLE has become a member of the firm Kessler, Kessler & Vaughan, Attorneys at Law and the firm will now be known as Kessler, Kessler, Vaughan & Boyle. The firm is located in the First State Bank Building, Suite 200, PO Box 230, Uvalde, Texas 78801. Class of 1976 Class of 1974 RANDALL LEE ROGERS was recently appointed County Judge of Smith County (Tyler) Texas. Class of 1971 DONALD L. CURRY has moved to Austin to assume management of his firm's Austin office. He is a partner in the firm of Curry, Curry & Robinson, P .e. His new office address is 12710 Research Blvd., PO Box 201837, Austin, Texas 78759, 512/250-1885. MICHAEL R. MILLER of Burrows, Baird, Miller & Crews, P .e. of Temple is serving as the director of "Temple/Belton/Killeen Attorneys for Christ," a Christian fellowship for attorneys. Miller was also elected as a member of the Commercial Law League of America. DAVID R. SEIDLER recently joined the law firm of Shannon, Gracey, Ratliff & Miller, 200 First City Bank Tower, 201 Main, Ft. Worth, Texas 76102, 817/8778113. He is presently serving as State Bar of Texas Board of Directors Liaison to Texas Bar Foundation Board of Trustees, as well as Texas Delegate to the American Bar Association House of Delegates for 1987-88. JIM D. RUDD is currently serving as Chairman of the Appropriations Committee in the Texas House of Representatives. The Appropriations Committee is the largest committee in the House, with 29 members. Rudd represents District 77. He also maintains a private law practice in Brownfield, Texas. Placement Program Participants Increase The most visible function of the Placement Office is the on-campus interviewing program. This past year, 167 legal employers visited the campus, up from 152 the previous year, and conducted 2,388 student interviews. The actual number of firms participating in the placement process was 192; twenty-five firms cancelled their interview schedule. A comparison of the interview program for the past four years shows the number of participating employers has increased yearly, from 104 firms in 1982-83 to 167 this year. The percentage of student participation has increased slightly; 62.7 percent of the third-year class, 67 .1 percent of the second-year class, and 21.8 percent of the first-year class participated in the interviewing program. Over eighty percent of the interviewing employers were law firms. Corporations represented about five percent; district attorneys' offices and accounting firms each represented about three percent; and federal entities, military, courts, public defender programs and graduate programs comprised the remaining six percent. The largest number of interviewing employers were from Dallas, with the second-highest from Houston, and third-highest from Fort J.L. (BUDDY) CURRY has been appointed by the Supreme Court of Texas to serve as an Attorney Member of the District Committee on Admissions for the Lubbock District. He is a partner in the firm of Curry, Curry & Robinson, P.e., 720 Texas Avenue, Lubbock, Texas 79401, 806/747-4417. Worth. Ten out-of-state employers interviewed at the Law School. Other Placement Services included maintaining a Non-interviewing Firm Program in which student resumes were collected and sent to 41 firms. The Placement Office received and posted on the Job Board 577 notices of available positions for temporary and permanent employment. This number was up from 545 notices received last year. The 50-page Placement Handbook was updated and made available to both students and interviewing employers. The Placement Bulletin (for Students) was published five times and Placement Postings for alumni listings was published and mailed six times. Employment statistics compiled for the class of 1985 indicated 96 percent of the graduates were employed by July of 1986. The majority of the class (64%) was in private practice with 27 percent of those graduates practicing in firms of two to ten attorneys. Dallas was the favored location followed by Fort Worth, Lubbock, Austin and El Paso. The average starting salary increased from $27,760 in 1984 to $30,345 in 1985. The Placement Office conducted five seminars including an Orientation Session; Interviewing Techniques (video); Judicial Clerkship Seminar; Small Firm/Small Town Practice Seminar; and Legal Employment -Variations on a Theme. Additionally, six mini-seminars were held for first year students in order to acquaint them with the placement office. In preparation for the fall 1986 season, the publication An Invitation to Recruit was revised and mailed to Texas firms of five or more attorneys and to selected out-of-state firms. Placement secretary Camille Kimbro checks interview schedules with Jim Besselman(L) and Eddie Henderson of the Amarillo firm of Underwood, Wilson, Berry, Stein &- Johnson . . 11 FACULTY Top Ranked Faculty Continue Excellence The Tech law faculty received extensive statewide and national recognition for excellence in writing and for outstanding service to the profession this past year. 12 Based on publishing productivity, the faculty is ranked in the top quarter of the nation's law schools according to an article in the Journal of Legal Education. Tech is first among state-supported law schools and marginally behind one private law school as the most productive faculty in the State of Texas. Several professors, noted experts in various fields of law, presented lectures at continuing legal education programs and other legal consortia throughout the country. Faculty members served in leadership capacities on State Bar Committees, advisory and editorial boards, and community and university organizations. The following illustrates the diversity and dedication of the faculty to teaching, writing and service. Two New Additions to Faculty Named DIANE SLEEK and JAMES VIATOR are the two most recent additions to the Texas Tech Law School faculty, becoming full time professors this fall. Diane Sleek was a visiting professor at Tech last year and became a member of the faculty in Fall 1986. Sleek is teaching in the areas of family law, legal analysis, criminal procedure, children and the law, and disabled persons and the law. She was a visiting professor at the R. Reuben Clark Law School at Brigham Young immediately prior to coming to Tech. From 1978 to 1984 she was an assistant professor of law at Victoria University of Wellington in New Zealand. Sleek holds a law degree and an M.S.W. degree from Washington University in St. Louis. Her publications include "The Rights of Mentally Disordered Children in New Zealand," 10 V.U.W.L. Rev. 317 (1980) (co-author), and "The District Courts Amendment Act 1980 - Sentencing and Guilty Pleas," 11 V.U.W. L. Rev. 259 (1981). She has served on numerous committees regarding rights of disabled and mentally retarded persons and has made numerous submissions to parliamentary committees regarding Crimes Amendments and Human Rights. Sleek was co-director of the Conference on "Legal and Ethical Aspects of Autonomy in the Health Care Setting" held last October in Lubbock. James Viator comes to Lubbock from Shreveport, Louisiana, where he was Law Clerk to Judge Henry A. Politz, U.S. Court of Appeals for the Fifth Circuit. Viator holds a law degree from Louisiana State University Law Center, where he was chosen as a candidate for the Louisiana Law Review, 1983-84 and Executive Editor of Volume 45 of the Louisiana Law Review. He was also a member of the Order of the Coif. Viator is a candidate for Doctor of Philosophy in American Legal History, Claremont Graduate School. Previously, Viator was a Legal Research Assistant at LSU Law School; Research Assistant to the Chairman of Graduate History Faculty, Claremont Graduate School; and an Instructor in English Literature and American History at Harvey Mudd College. Viator's publications include a book review of M. Bloomfield, American Lawyers in a Changing Society, 34 Wm. & M.Q. 320 (1977) and a comment, "When Cause-inFact Is More Than a Fact: The MaloneGreen Debate on the Role of Policy in Determining Factual Causation in Tort Law," 44 La.L. Rev. 1519 (1984). He is also the author of "Federal Jurisdiction" in the forthcoming Texas Tech Law Review Fifth Circuit Symposium. Viator will be a speaker at the forthcoming Tulane Law " School - Center for Judicial Studies Conference in New Orleans on December 3. The topic of the conference is "The Fourth Amendment and American Justice." This paper, later to appear as an essay in a book published by the Center for Judicial Studies in Washington, D.C., is entitled "The Fourth Amendment in Its First Century, 1791-1891: Was It Indispensable to a Republican Form of Government?" CHARLES BUBANY this year coached the ABA National Client Counseling Competition Team to a regional championship and the national quarter-finals. Bubany has spoken at various conferences. In June he made a presentation on the First Amendment to the Law Focus Seminar for Teachers for the Lubbock Independent School District, and in February and October, he made a presentation entitled "Medico-Legal Aspects of Air Transport," at the Issues for Nurses course at Lubbock General Hospital. At the Inexpensive Justice (Small Claims Court) Teleconference, sponsored by Texas Tech University in Lubbock during February, Bubany served as moderator and local expert. Bubany has served as an instructor at several conferences and courses including the Seminar for the Lubbock Chapter of National Association of Social Workers held at Lubbock Christian College in July, where he instructed a course on Understanding the Texas Family Code; the Municipal Court Judges Training Program in San Angelo during October where he instructed a course on Texas Rules of Criminal Evidence; and at the Texas Tech Law School Stay Abreast of Law Seminar held in several West Texas cities during October, in which he instructed a course on Texas Criminal Law. Presently Bubany is serving on the University Television Course Committee and is Chairman of the Law School Honor Code Revision Committee. W. REED QUILLIAM, JR. is chairman of the Commission of Estate Planning Probate Law Examiners of the Texas Board of Legal Specialization. This Commission writes and grades the specialization examination given in this area of the law each year. He has been on the Commission since 1978 and has served as Chairman since 1982. Quilliam also serves as a member of the Committee on State Legislation in the Public Interest of the State Bar of Texas. He has served on this committee since 1982. Quilliam recently presented a paper entitled " 1986 Tax Reform Bill Changes in the Income Taxation of Trusts and Estates" at the Tech Law School Stay Abreast of Law Seminars. Quilliam also serves as a member of the Treasury Asset Management Advisory Committee of the State of Texas Treasurer's Department. Qulliam has been honored as Tech Law School and Texas Tech University'S nominee for Piper Professor. During the Spring 1987 semester, Quilliam will serve as a Visi ting Professor at Southern Methodist University School of Law. TOM BAKER has served since fall 1985 as a Judical Fellow in the Supreme Court of the United States, where he has been administrative assistant to the Chief Justice. He was honored this past year by being chosen the Tom C. Clark Fellow of the Year. Baker has published three recent articles: "Thinking About Federal Jurisdiction - of Serpents and Swallows," 17 St. Mary's L.J. 239 (1986); "The Ambiguous Independent and Adequate State Ground in Criminal Cases: Federalism Along a Mobius Strip," 19 Ga. L. Rev. 799 (1985); and "A Compendium of Proposals to Reform the United States Court of Appeals," 37 U.Fla. Law Review 225 (1985) . 13 W. FRANK NEWTON has recently published "Personal Jurisdiction and the Appearance to Challenge Jurisdiction in Texas" (with Professor Jeremy Wicker), 38 Baylor L. Rev. 491 (1986) and a book review, "Contemporary Debates on Civil Liberties: Enduring Constitutional Questions, " edited by Phelps and Poiner, Fall 1986, Journal of Church and State. 14 He has been involved with several CLE conferences during the past year. At the Ninth Annual Banking Law Institute in the spring, he presented the topic, "Development in Foreclosures." "Exercise of Jurisdiction by Texas Courts," was Dean Newton's topic at the Tech Law School Stay Abreast of Law Seminar (Fall 1986). During the spring he was also part of the Consumer Law Seminar, at which his topic was "UCC Default Provisions." In addition to speaking at various bar organizations and civic clubs, Dean Newton was also a speaker at the Annual Judicial Conference. In August, he delivered the Commencement Address at Baylor Law School. Newton was elected as a Fellow of the American Bar Foundation. He has served as Chair of Legal Services to the Poor in Civil Matters, a member of the Council on Consumer Law Section, and a member of the History and Traditions Committee. He is also a Director of the Texas Equal Access to Justice Foundation and a member of the Committee of 100 for the Merit Selection of Judges. Dean Newton is active within the community and the University, serving as a member of the administrative board, First United Methodist Church; President of Haynes Elementary Parent/Teacher Association; Chair of the Search Committee for Dean of the College of Arts and Sciences, Texas Tech University; Chair of the Texas Tech University Committee on the Work of the Select Committee on Higher Education; a member of the Tenure Task Force, Texas Tech University and a member of the Ad Hoc Committee on Financial Constraints, Texas Tech University. MURL LARKIN has completed numerous publications including Civil Evidence Trial Manual for Texas Lawyers, Butterworth Legal Publishers, Austin, Texas, 591 pp., February 1986; Criminal Evidence Trial Manual for Texas Lawyers, Butterworth Legal Publishers, Austin, Texas 563 pp., September 1986; New Mexico Rules of Evidence Treatise, co-author with John Wentworth, Butterworth Legal Publishers, Austin, Texas, 423 pp., February 1986; and Supplement #4, Federal Testimonial Privileges, Clark Boardman Co., Ltd., New York, N .Y., 443 pp., October 1986. Larkin's consulting work for this year involved conducting discussions with Commanding Officer, U.S.Naval School of Justice, U .S. Naval Base, Newport, Rhode Island, and Director Administration, Salve Regina College, Newport, Rhode Island, concerning a joint summer program of law courses commencing in 1987, May 15-17, 1986. At the Annual Criminal Law Institute of Texas in Houston on June 19, Larkin presented a discussion entitled "New Texas Rules of Criminal Evidence." At the Conference for Prosecutors and Defense Attorneys on New Texas Rules of Criminal Evidence in San Antonio on March 14, Larkin served as moderator. He presented discussions on "Texas Rules of Evidence, Civil and Criminal" at the Tech Law School Stay Abreast of Law Seminars held in several West Texas locations during October. Serving as member and reporter of the State Bar Administration of Rules of Evidence Committee, Larkin attended periodic meetings of that committee throughout the year. He also serves as a member of the Board of Advisors of the Court Practice Insitute, Chicago, Illinois. Larkin is currently involved in conducting negotiations, through New York University, concerning evaluation of interactive Videodisc exercises dealing with evidentiary procedures. MARIL YN PHELAN published two books - Nonprofit Enterprises - Law and Taxation, 2 volumes, Callaghan & Company, 1985 and West's Federal Taxation, Corporations, Partnerships, Trusts and Estates, 1987 Edition which she co-authored. Her published articles include "Federal Taxation," Fifth Circuit Symposium, Texas Tech Law Review, Spring, 1986 and "Tax Considerations in Bankruptcy Proceedings," Prentice-Hall Tax Ideas, 1985. In recognition of her outstanding research efforts, Phelan received the 1986 Texas Tech University School of Law Research Award. Phelan also served as editor for exempt organizations for Tax Times, published by Rosenfeld, Emanuel, Inc. and Prentice-Hall Information Services. She also completed proceedings regarding "Legal Problems of the University Administrator," Proceedings for Workshop for Mid-Career Administrators in Home Economics, sponsored by Association of Administrators in Home Economics, 1985. Phelan served as Session Chair for the Texas Tech Tax Institute, 1985. She spoke on "Law Relating to Acquisition of Artifacts" at a conference on Art & the Law held during October and on "Legal Topics for School Personnel" to the Texas Christian Teachers Association. Phelan has also been asked to speak at Texas Tech conferences, including the AllUniversity Conference on Advancement of Women Faculty Members and the All University Leadership Conference. JANE OLM, Director of the Law Library, is serving as Chair of the Library Materials Contracts Committee of the Texas Counsel of State University Librarians, which met in Austin October 16-17. She was a panelist on the program, "Approaching the Next Decade - Positively or Negatively?" FRANK SKILLERN completed the 1986 supplement to his book, Environmental Protection: The Legal Framework, (Shepherd's McGraw-Hill 1981). He has revised chapters in several books including Chapter 24 "The National Environmental Policy Act of 1969,"in 4 Rohan, Zoning and Land Use Controls, (Matthew Bender 1985); a chapter "Environmental Protection, " in 6 Powell on Real Property, (Matthew Bender 1985); Chapter 25 "Air, Water, and Noise Pollutions Controls," in 4 Rohan, Zoning and Land Use Controls, (Matthew Bender 1986); a chapter "Federal Pollution Control Programs," in 6 Powell on Real Property, (Matthew Bender 1986); and Chapter 26, "Coastal Zone Management," in 4 Rohan, Zoning and Land Use Controls, (Matthew Bender 1986). He has also become involved in new books by writing chapters including "Groundwater Law - Some Emerging Challenges," in Issues in Groundwater Management, (eds. E.T. Smerdon and W .R . Jordan) (Center for Research in Water Resources, Austin, Texas, 1985) and "State Environmental Review Measures," in 6 Powell on Real Property, (Matthew Bender 1985). Skillern also recently had an article entitled "Constitutional and Statutory Issues of Federalism in the Development of Energy Resources," in 17 Natural Resources Law 533 (1985). Aside from his many writing and research projects, Skillern serves as a member of the Publications Committee of the ABA Selection on Natural Resources Law . He is a Volunteer at the Lubbock Rape Crisis Center, where he was selected as Volunteer of the Year. Skillern also volunteered his time to supervise work by students on a report funded by the Texas Agricultural Experimental Station, Texas A & M University. He has also prepared materials and offered a new seminar on Risk Analysis. 15 16 ROBERT E. WOOD has been involved in several Continuing Legal Education presentations, to such groups as the State Bar of Texas, where he spoke on "Banks and the Deceptive Trade Practice Act;" the Amarillo Optimist Club, where he spoke on "Alternative Dispute Resolution - The Future;" Texas Association of Bank Counsel and Association of Bank Counsel, where he spoke on "Current Developments in Banking Law;" and the SMU Annual Short Course on Law of Banking Institutions, where his topic was "Lending Limits and Reserve Requirements." Wood has also had two articles recently published: "Civil RICO, Limitations in Limbo," 21 Wiilamette, L.J. 101 (1985) and "Letter of Credit Backed Bonds: A Dangerous Alchemy," Texas Banking, September 1985. Wood currently serves as Chairman of the Financial Institutions Committee of the Section on Corporation, Banking and Business Law and on the Special Committee on Implementation of the Uniform Fraudulent Transfer Act. Wood serves on the Texas Tech University Faculty Senate and as Chair of the Law School Personnel Committee. Currently, he is writing a book on Texas Banking Law with expected publication in 1987 or early 1988. CAROL YN THOMAS currently co-chairs the Job Fair Committee, a Texas Young Lawyer's committee which will sponsor in February the first Texas hiring consortium for legal employers and law students. This past year she co-chaired the Texas Young Lawyers Committee on Technical Proficiency and Professionalism. Dean Thomas' community service includes serving as Chair of Lubbock's Committee for Women and as President of Ballet Lubbock Board of Directors. JOHN MURRAY was a presenter of the Family Law portion of the Tech Law School Stay Abreast of Law Seminar '86 which was held in several Texas cities in October. In September, he served as Panel Coordinator and presenter of "Focus on Conflict: Managing and Resolving Everyday Disputes, " for the Ideas and Issues Seminar held at Texas Tech. Also in September, he served as Workshop Moderator for the topic of "Conflict Management" at the Annual Meeting of the National Organization for Victim Assistance (NOVA) which was held in Denver. At the National Conference on Peacemaking and Conflict Resolution, held in Denver in September, Murray served as a panelist and presenter of the topic "How Conflicts Become Mediations." At the spring meeting of ABA Torts and Insurance Section (TIPS) which was held in Boston, Murray served as Workshop ModeratorReporter. He also served as a symposium participant of "Model Mediation Legislation" held at Ohio State Law School, in Columbus during April. The results of that symposium will be published in 2 Ohio St. Dispute Resolution (1986). At the annual meeting of the Association of College Unions-International (ACU-I) held in Houston during April, he served as workshop leader on the topic "Negotiation and Conflict Resolution." Murray recently completed two works: "Understanding Competing Theories of Negotiation," 2 Negotiation Journal 179 published in April 1986, and " Improving Parent-Child Relationships Within the Divorced Family: A Call for Legal Reform," 19 Mich. J. Law Reform 563 also published in the last year. Murray is co-authoring with Professor Alan Rau of the University of Texas Law School a textbook on Alternative Dispute Resolution. BRUCE M. KRAMER has been appointed interim director of a nonprofit research institute at Texas Tech University, Applied Planning Research Institute of Municipalities, Environments and Regions (aPRIMER). He is also participating in aPRIMER's research contract with the city of El Paso regarding an update of that city's Comprehensive Land Use Plan. In September, Kramer delivered a speech on Development Agreements to a conference entitled " Urban Growth in Texas: Problems and Opportunities" held in Austin. In November, he spoke at a short course on Implied Covenants sponsored by the Rocky Mountain Mineral Law Foundation in Denver, Colorado. Kramer also recently published an article in Volume 46, No. 4 of the Louisiana Law Review entitled "The Implied Marketing Covenant in Oil and Gas Leases: Some Needed Changes for the 80's." DAN BENSON recently published Part-B Texas Lawyer's Guide "Real Estate Transactions. " He also recently served as co-director of the Conference on " Legal and Ethical Aspects of Autonomy in the Health Care Setting" held in October in Lubbock. For the Tech Law School Stay Abreast of Law '86 Seminar he spoke on "Criminal Law." He has taught the bankruptcy segment in the Law School's new agricultural law course and he teaches classes dealing with death and dying issues for the Texas Tech Medical School. Benson serves on the Ethics Committee of the Methodist Hospi tal Medical Staff. HAL M. BATEMAN has authored Volume 8A West's Texas Forms: Business Enterprises -Partnerships and Unincorporated Business Associations (with Elliott, 1980); West's Texas Practice: Methods of Practice, Revised Volume 12 "Business Organizations" to be published in 1987; and West's Texas Forms: Business Enterprises Volumes 8 and 8A, Pocket Parts for 1982, 1984 and 1986. Bateman has delivered speeches to numerous CLE conferences including the 1985 Farm, Ranch and Agri-business Bankruptcy Institute, "Legislative Update and Proposed Changes to Chapter 13;" the Stay Abreast of Law Seminar '83, "Recent Developments in Corporate and Securities Law;" the annual meeting of the Texas Stock and Bond Dealers Association, "Current Issues in State Securities Law;" and at the Fourth Annual Banking Law Institute, "Banks and Federal Securities Laws." Bateman is a member of the State Securities Board (1981-1987). The three-member Board appointed by the Governor oversees the administration of the Texas Securities Act by the Securities Commissioner and his staff. Its function is similar to that of the Board of Regents of a University. Until 1985, Bateman served as a member of Texas Tech "Artists and Speakers Committee." As a member of the State Bar of Texas and its section of Corporation, Banking and Business Law, he served as Chairman from 1978-79 and Vice Chairman, 1977-78. He is also a member of the State Bar's Securities and Investment Banking Law Committee and of its Revision of Corporation Law Committee. Bateman's other memberships include the American Bar Association and its section of Corporation, Banking and Business Law; the Missouri Bar; Dallas Bar Association; Lubbock County Bar Association and the West Texas Bankruptcy Bar Association. His activities within the community include the South Plains Council, Boy Scouts of America in which he has served in a number of capacities, and received various honors. 17 G VEST SPEAKERS J.H. EDGAR has recently prepared numerous amicus briefs for the Texas Supreme Court including Pool v. Ford Motor Co., 29 Tex. S. Ct. (Feb. 12, 1986); Beech Aircraft Corp. v. Jenkins, No. C-4807 (verdict pending); Magro v. Ragsdale Bros. Inc., No. C-4247 (verdict pending). Edgar's publications include Volumes 9-10, West's Texas Forms, West Publishing Co. (1985 Pocket Parts) and a Treatise, Texas Torts and Remedies, Matthew-Bender (Editorial Consultant), in progress. 18 Edgar's CLE presentations include "Recent Cases in Product Liability", Stay Abreast of Law Seminar, Lubbock, Texas October 1986; "Products Liability Update and Review" Advanced Personal Injury Short Course; South Texas College of Law, Houston, Texas, May 1986; "Statutes of Limitations: Current Law," Medical Malpractice Conference, San Antonio, Texas, April, 1986; and "Trends in Tort Law" Stay Abreast of Law Seminar, Lubbock, Texas, October 1985. Edgar has been very active in the State Bar of Texas, currently serving as Chairman of the Pattern Jury Charge Committee. He is responsible for coordinating publications of Volume 1 (2nd Ed.) -Automobile Cases, Volume 2 (2nd Ed.) -Workers' Compensations, and Volume 4 (new) Consumer and Commercial Litigation. His involvement with the Texas Supreme Court includes membership on the Rules Advisory Committee, Supreme Court Education Committee and Task Force on the Court Administration Act. Since being elected President of the Phi Delta Phi Legal Fraternity for a two year term beginning August, 1985, Edgar has traveled to Albuquerque, Dallas, Los Angeles, San Francisco, Seattle, Denver, New Orleans, Jackson, Tampa, Miami, Atlanta, Chicago, Toronto, Boston, Washington D.C., San Juan and Mexico. Edgar also serves as a consultant numerous attorneys. to JEREMY C. WICKER has published the 1986 Pocket Parts for McCormick & Ray, Texas Law of Evidence (West Publishing Co.) 3 volumes; 1986 Pocket Parts for Wicker Civil Trial and Appellate Procedure (West Publishing Co.) 3 volumes; 1986 annual supplement for Wicker & Benson, Texas Lawyer's Guide, with Benson (Callaghan & Col) 2 volumes; 1986 revision of chapters on "Real Estate Actions," Wicker & Benson, Texas Lawyer's Guide (Callaghan & Co.); and "Personal Jurisdiction and the Appearance to Challenge Jurisdiction in Texas" (with Newton) 38 Baylor Law Review 491-596 (1986). Wicker is currently writing a revision for McCormick & Wicker, Texas Law of Evidence (West Publishing Co.) 3 volumes. Active in planning and participating in many seminars, Wicker was a member of the Planning Committee for the Rules of Criminal Evidence Seminar held in San Antonio in March and a speaker on the topics of "Exercise of Jurisdiction by Texas Courts" and "Texas Rules of Civil and Criminal Evidence" at the Tech Law School Stay Abreast of Law Seminar held in several West Texas Cities during October. Wicker is a member of the Administrative Justice Committee and Litigation Section of the State Bar of Texas. During the past summer (1986), Wicker was a visiting Professor of Law at the University of Texas School of Law. JOHN KRAHMER took his academic interest and activities beyond his regular courses this year to supervise the experimental offering of the DebtorCreditor Game computer simulation during Spring, 1986. This offering will continue for the 1986-87 academic year. Krahmer also participated as a team teacher of an experimental offering in Agricultural Law. 1986 Features Outstanding Guest Speakers The Texas Tech University School of Law has hosted numerous prestigious guest speakers during the year. A few of these distinguished individuals are pictured below. Krahmer is an active participant in Continuing Legal Education. At the 9th Annual Banking Law Institute in Dallas during April, he served as Moderator, and at the Tech Law School Stay Abreast of Law '86 Seminar, held in several Texas cities during October, he was a speaker and outline author. Krahmer published Vernon's Texas Code Forms Annotated, West Publishing Co., 2 volumes, in March, 1986. His two recently published articles include "Annual Survey of Texas Law: Commercial Transactions," 40 Southwestern Law Review 187 (April 1986) and "Banks and the Texas Deceptive Trade Practices Act," 17 Texas Tech Law Review (with J. Lovell and C. McCormick). 19 Fifth Circuit Court of Appeals Justice Patrick Higginbotham (r) spoke at the Law Review Banquet on April 18. Krahmer is co-editor of Texas Bank Lawyer, a monthly publication of the Texas Association of Bank Counsel; and a council member of the Consumer Law Section of the State Bar of Texas. Rex Lee(l) former Solicitor General of the United States was the guest speaker at the May Hooding Ceremony. Texas Supreme Court Justice William Kilgarlin spoke to law students and faculty on January 17 on the subject of due process and equal protection. We'd Like to Know ... If you have moved or been appointed to a new position or received an honor or award, we would all enjoy seeing your name in the next issue of Cornerstone. Name ______________________________________________________________________ Class of ___ News Address _________________________________________________________________ Phone ________ City ______________________________________-'-______________________ State _____ Zip _____ 20 Is this address new? _____ Send to: Cornerstone, Texas Tech University School of Law, Lubbock, Texas 79409. Placement Anticipated opening for third ( ), second ( ), and/or first ( ) year law students, or experienced attorney ( ). Date position(s) available Person to contact _______________________ Ern ployer' s name and address ______________________________________________________________ Req uiremen ts/ corn men ts _________________________________________________________________ Can this position be listed in Placement Postings? _ _ ) I would be willing to serve as a resource or contact person in my area for law school students. Submitted by _____________________________________________________________ Class of _____ Address ________________________________________________________________________________ Send to: Placement Office, Texas Tech University School of Law, Lubbock, Texas 79409 Dean's Inner Circle I would like to support the Texas Tech Law School with the following contribution: ___ Life ($5000 or more) ___ Sustaining ($250 or more) ___ Distinguished ($lOOO or more) ___ Century ($100 or more) ___ Honor ($500 or more) ___ Participating ($99 or less) ___ Named Scholarship Donor ($lOOO or more) ___ Regular Scholarship Donor ($500 or more) Please make checks payable to Texas Tech Law School Foundation. Name _____________________________________________________________________·Class of_____ Address ________________________________________________________________________________ City ________________________________________________________________~State _____ Zip __ Enclosed _______________________________________________________________________________ Send to: Foundation, Texas Tech University School of Law, Lubbock, Texas 79409. Cornerstone Texas Tech University School of Law Lubbock, T exas 79409 Not printed or mailed at state expense.. Non -Profit Org. U.S. Postage PAID L u bbock , Texas Permit No . 719