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MSU-DCL Faculty Notes
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Susan Bitensky
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Professor Susan Bitensky was taped on March 18, 2002, by National Public Radio for the program Justice Talking, moderated by Margo Adler. The show, which will be broadcast later in the spring, is an hour-long debate between Professor Bitensky and nationally syndicated columnist and psychologist John Rosemond concerning corporal punishment of children. Professor Bitenskys article, Section 1983: Vehicle of Violence or Agent of Peace?, was published in the Oklahoma Law Review. She also was invited by the Michigan Defense Trial Counsel to speak at its summer program on the admissibility of scientific evidence under federal and Michigan law.

Amy Christian
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When she is not working on her current scholarly work in progress relating to student athletes and the NCAA, Professor Amy Christian is preparing and teaching a new course, Tax Policy Seminar, offered for the first time in the Spring 2002 semester. She and her students have been exploring such diverse topics within tax law as: how effective fiscal policy is as a tool for managing the economy; how and when gains should be subject to taxation; imputed income from owner-occupied housing and self-performed services; progressive versus proportional taxation; the marriage penalty and the selection of the appropriate taxable unit; whether a consumption tax should be used in place of the current income tax; the purposes underlying estate taxation; and the strengths and weaknesses of our corporate income tax. In this course, students get an opportunity to think critically about features of our present tax system as well as their potential alternatives. In addition to becoming more informed about the tax laws, the legislative process and their effects on society, students get practice in constructing persuasive policy-based arguments. Professor Christian also was invited to attend a Tax Policy Conference at Tulane Law School in April.

David Favre
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Professor David Favres article titled Elephant, Ivory and International Law was published by the Review of European Community and International Environmental Law in December 2001. This article considers the history of the attempts to protect elephants by restricting ivory sale under the treaty that cites and proposes new options for the control of ivory. His annual update of the activities of states and Secretariat was published in the Yearbook of International Law (Oxford Press). In March he went to Japan to present a paper on The Role of Citizen Suits in Enforcing the Endangered Species Act to one of the Tokyo bar associations.
In March 2002, the efforts of the Animal Law Web Center, of which Professor Favre is editor-in-chief, reached a new level of activity. An assistant editor was hired to help coordinate content, and a webmaster was hired to build the next much more detailed, complex site. A number of law students are handling editing responsibilities. The Web Center joined with the Animal Law Section of the Michigan State Bar to present a conference, Animal Law in Michigan, at which Professor Favre gave a speech on The Personhood of Animals.

Elizabeth Price Foley
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Professor Elizabeth Foleys article, Human Cloning & the Right to Reproduce, was recently published by the Albany Law Review. The article explores the contours of the right of individuals to have biologically related children and suggests that a hierarchical approach to judicial scrutiny of laws regulating reproduction may be warranted.
Professor Foley and Professor Vence Bonham (MSU College of Human Medicine) presented their preliminary report titled Medical Information Privacy to the Michigan Law Revision Commission. The report compares state medical privacy laws to the recently implemented federal privacy protections of the Health Insurance Portability and Accountability Act (HIPAA), and identifies possible gaps between the two where the Michigan Legislature may wish
to act.
Professor Foley has been invited to speak about the legal implications of human cloning at a symposium on bioethics sponsored by the Cumberland Law Review of Samford University in Birmingham, Alabama. In late May, Professor Foley traveled to Lithuania, where she spent two weeks teaching a course on medical malpractice law to law students at Vytautus Magnus University School of Law.
Beginning in the Fall 2002 semester, Professor Foley will become a professor of law and founding faculty member at a new state-supported law school at Florida International University in Miami, Florida. She will teach the same courses she has taught at MSU-DCLhealth law-related courses and civil procedure. She will greatly miss her students and friends at MSU.

Brian Kalt
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Professor Brian Kalt had published in the Texas Review of Law and Politics an article titled The Constitutional Case for the Impeachability of Former Federal Officials: An Analysis of the Law, History, and Practice of Late Impeachment. In October 2001, he presented And Stay Out! The Constitutional Case for the Impeachability of Former Federal Officials at the annual meeting of the Central States Law School Association, which took place at MSU-DCL.
Professor Kalt published an op-ed in the Detroit News on the Bush Administrations decision to adopt the proposed Clinton administration standard on arsenic. He appeared in February on the WXYT radio show of MSU-DCL alumnus and trustee Charlie Langton to discuss the detainees at Guantanamo Bay, Cuba. In addition, Professor Kalt taught a class on Constitutional Law and Theory at Vytautas Magnus University in Kaunas, Lithuania.

Christine Klein
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Professor Christine Klein has made two presentations on the future of the Great Lakes, with a focus on the development of a state body of water law. First, she spoke on Water Diversion and the Great Lakes as a panelist for the Institute for Public Policy and Social Researchs Forum on the Future of the Great Lakes. In addition, she made a presentation on Water Rights Law at a conference sponsored by the Michigan Department of Environmental Quality. Her current work in progress also explores water issues related to the Great Lakes, and is titled From Garbage to the Great Lakes: Resource Protectionism and the Environmental Commerce Clause.

Mae Kuykendall
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Professor Mae Kuykendall completed her service as president of the Central States Law School Association by hosting the 2001 meeting of the organization. In addition to several professors from the region, Professors Christine Klein, Brian Kalt and Kevin Saunders gave scholarly presentations to the group. MSU Provost Lou Anna K. Simon gave an interesting, well received talk to attendees at the welcoming dinner.
Professor Kuykendall had a short letter printed in the New York Times on the subject of proposals to waive the term limit law in New York to allow Mayor Rudolph Giuliani to serve an additional term of office under the circumstances brought about by the September 11 tragedy. She also taught Constitutional Law II this past semester for the first time at MSU-DCL.

Robert McCormick
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Professor Robert McCormick addressed the annual statewide meeting of the Police Officers Labor Council on the subject of Off-Duty Misconduct and its Labor Law Implications. In April, he addressed the Industrial Relations Research Association at its annual meeting in Southfield, Michigan. He spoke on the subject of Collective Bargaining in Professional Sports.
Professor McCormick also was elected chairperson of the Midwest Region of the National Academy of Arbitrators for 2002-03. In addition, he was selected to lead a committee of past chairpersons of the Labor and Employment Law Section of the State Bar of Michigan to commemorate the 50th anniversary of the sectionthe first organized section of the State Bar.

C. Nicholas Revelos
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Professor C. Nicholas Revelos commented on the Jacobson Stores Bankruptcy Chapter 11 filing in a January article by the Lansing State Journal. Also in January, he commented on certain aspects of the Kmart Bankruptcy Chapter 11 filing in Crains Detroit Business News. Professor Revelos has published the 2001 Pocket Supplements to his treatise on Michigan Corporation Law electronically on his TWEN site at www.lawschool.westlaw.com/twen. He is currently converting the entire treatise into electronic format as well, with completion expected in the summer of 2002.

Kevin Saunders
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Professor Kevin Saunders gave a talk at the Quello Symposium on the Legislative Service Bureau and the substance of due process. Last fall, he presented on children and the First Amendment at the Central States Law School Association and also gave a talk on jurisprudence to a philosophy class at Lansing (Michigan) Eastern High School.
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