Recent Scholarship and Service

Faith, Values and Lawyering in the 21st Century: Failure of the Compartmentalization Approach, at the International Legal Ethics Conference, "Legal Ethics at a Time of Regulatory Change," London, July 9-12, 2014.

Not my Job: Determining the Bounds of Public Employee Protected Speech, Labor Law Journal, Issue 4, Winter 2014 (forthcoming).

Virginia Practice Series: Jury Instructions (forthcoming West 2014-2015) (with Margaret Bacigal).

Criminal Law and Procedure: An Overview (Cengage Learning 4th ed. 2014) (with Mary Kelly Tate).

Virginia Practice Series: Jury Instructions (forthcoming West 2014-2015) (with Ronald Bacigal).

Virginia Practice: Real Estate Closings (West 2013-14) (with Michael Hernandez).

The Categorical Lucas Rule and the Nuisance and Background Principles Exception, 30 Touro L. Rev. 349 (2014). [L] [W]

Virginia Circuit Court Opinions (LexisNexis. vols. 72, 73 (2007), vols. 74, 75 (2008), vols. 76, 77, 78 (2009), vols. 79, 80 (2010), vol. 81 (2011), vols. 82, 83 (2012), vols. 84, 85 (2013) & vols. 86, 87 (2014)) (ed.).

Virginia Law Reports, 54 Am. J. Legal Hist. 107 (2014).

Access to Justice Planning Committee, Supreme Court of Virginia (2013-present)
Relay for Life Team, American Cancer Society
Pro Bono Attorney, Central Virginia Legal Aid Society
Board of Directors, Greater Richmond Bar Foundation (2009-present)
Board of Directors and Donor Relations Committee Chair, YWCA of Greater Richmond (2008-present)
Awards Committee Chair, Pro Bono and Public Service Opportunities Section, Association of American Law Schools (2009-present)
Experiential Learning Work Group, Public Services Section, National Association for Law Placement (2008-present)
Former Chair of Public Service Committee and former Chair of Membership Committee, Metropolitan Richmond Women's Bar Association (2000-present)
Chair of Administration of Justice Committee, Former Chair of Pro Bono Services Committee, Richmond Bar Association (2000-present)

Abolish Anonymous Reporting to Child Abuse Hotlines, __ Cath. U. L. Rev. __ (forthcoming 2014).

Persons with Traumatic Brain Injury and the Americans with Disabilities Act: Implications for the Social Work Profession, __ Social Work __ (forthcoming 2014).

Panelist, "The Rights of Parents and Children," Family Law Reform Conference, Divorce Corp., November 15-16, 2014

The Supreme Court Chipping Away at Title VII: Strengthening It or Killing It, 74 La. L. Rev. __ (forthcoming 2014).

Book Review, 106 Law Libr. J. __ (forthcoming 2014) (reviewing Emily Finch and Stefan Fafinski's Employability Skills for Law Students (2014)).

The Dominance of Teams in the Production of Legal Knowledge, 124 Yale L.J.F. __ (forthcoming 2014) (co-authored with Lee Petherbridge).

Is Patent Claim Interpretation Deference or Correction Driven?, 2014 BYU L. Rev. __ (forthcoming 2014).

Copyright's Topography: An Empirical Study of Copyright Litigation, 92 Tex. L. Rev. 1981 (2014) (symposium – Steps Toward Evidence-Based IP) (co-authored with Jim Gibson). [Journal] [SSRN]

Predictability and KSR's Fundamental Change to Nonobviousness in Patent Law, 20 Mich. Telecomm. Tech. L. Rev. __ (forthcoming 2014).

Unpacking Patent Assertion Entities (PAEs), 99 Minn. L. Rev. __ (forthcoming 2014) (co-authored with Jay Kesan and David Schwartz).

International Standards For the Smart Grid, in Smart Grid Law and Policy (Seoul National Univ., Seoul, Korea, forthcoming 2014).

Mitigation of Climate Impacts in the Electricity Sector, in Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing, forthcoming 2014).

An Open Access Distribution Tariff: Removing Barriers To Innovation On The Smart Grid, __ UCLA L. Rev. __ (forthcoming 2014).

Stigmatized Sites and Urban Brownfields Redevelopment, in The Oxford Handbook of Land Economics (Joshua M. Duke and JunJie Wu eds., Oxford U. Press, 2014).

Contract: Making and Doing Deals (West 4th ed. 2014) (with Bruce Markell and Lawrence Ponoroff).

Not Just Anna Nicole Smith, The Importance of Cleavage in Bankruptcy, __ Emory Bankr. Dev. J. __ (forthcoming 2014) (with Casey Arial and David Smith).

Extrinsic Evidence, Parol Evidence, the Parol Evidence Rule: A Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law, 44 N.M. L. Rev. 49 (2014) (with Tim Archer and Shalayne Davis). [Journal] [L] [W] [HEIN]

The Market for Leadership in Corporate Litigation, __ U. Ill. L. Rev. __ (forthcoming 2014).

Predicting a Heart Attack: The Fundamental Opacity of Extreme Liquidity Risk, __ Temple L. Rev. __ (forthcoming 2014). [SSRN]

Obligations and Potential Liabilities of Attorneys in Public and Private Offerings, in Venture Capital & Public Offering Negotiation (3d ed. 2014 supp.).

Lawrence's Anderson on the UCC (West vols. 3, 3A (2013) & 4, 4A, 5, 6 (forthcoming 2014)) (ed.).

Copyright's Topography: An Empirical Study of Copyright Litigation, 92 Tex. L. Rev. 1981 (2014) (with Christopher A. Cotropia). [Journal] [SSRN]

The Arbitral Tribunal: Selection and Replacement of Arbitrators, in Litigating International Investment Disputes (forthcoming 2014).

Judicial and Quasi- Judicial Bodies, in Oxford Handbook on International Organizations (Oxford Univ. Press, forthcoming 2014).

Litigating International Investment Disputes (ed.) (Brill Nijhoff, 2014).

Using International Law in Somalia's Post-Conflict Reconstruction, 53 Colum. J. Transnat'l L. __ (forthcoming 2014).

Is the Truth in the Eyes of the Beholder? The Perils and Benefits of Empirical Research in International Investment, 12 Santa Clara J. Int'l L. 263 (2014). [Journal] [SSRN] [HEIN]

Nondiscrimination in Insurance: The Next Chapter, 49 Georgia Law Review 1 (2014) [SSRN]

Trilogy Redux: Using Arbitration to Rebuild the Labor Movement, 98 Minn. L. Rev. 1682 (2014). [Journal] [SSRN] [L] [W]

Union Representation in Employment Arbitration, in Beyond Elite Law: Access to Civil Justice for Americans of Average Means (Samuel Estreicher & Joy Radice eds., Cambridge Univ. Press, forthcoming 2014).

The Disposition Hearing, in Juvenile Law and Practice in Virginia (Virginia CLE 4th ed. 2014).

Americans Are "Internationals," Too, Inside Higher Ed., Nov. 17, 2014
The Income Tax Map (West 13th ed. 2014).
"Scholarship Against Desire," Drexel Law School (Sept. 2014).

Debugging Software's Schemas, __ G.W. L. Rev. __ (forthcoming 2014).

Formerly Manufacturing Entities – Not Your Typical Patent Trolls, 47 Conn. L. Rev. ___ (forthcoming 2014).

Still Aiming at the Wrong Target: A Case for Business Method and Software Patents from a Business Perspective, in Perspectives on Patentable Subject Matter (Michael Abramowicz, F. Scott Kieff & James E. Daily eds., Cambridge Univ. Press, forthcoming 2014).

Panelist, "The Nature of the Firm in the Innovation and Creative Industries," "Common Ground: How Intellectual Property Unites Creators and Innovators," George Mason University School of Law (Oct. 2014).

Personal Jurisdiction and the Beetle in the Box, in Jurisdiction and Private International Law (forthcoming 2014).

"Promoting Diversity in Law School Leadership" Conference, Seattle University Law School (Sept. 2014).

How the Federal Cause of Action Relates to Rights, Remedies and Jurisdiction, __ Fla. L. Rev. __ (forthcoming 2014).

Rodriguez at 40: Creating New Pathways to Equal Educational Opportunity (forthcoming 2014) (NYU Press) (ed. with Charles J. Ogletree, Jr.).

Climate Change Triage, __ Envtl. Law __ (forthcoming 2014).

The Trash Tourist: A Deep Dive into the Garbage Crisis in India – and the United States, The Atlantic (forthcoming, May 2014).

Op-Ed, "Chemical Spill a Wake-Up Call for Virginia," Richmond Times-Dispatch, January 22, 2014.

The Shift in Power in the European Union and its Consequences for Energy and the Environment, in International Environmental Law: A Practitioner's Guide To the Planet (American Bar Association, forthcoming 2014).

Corruption, Corporations, and the New Human Right, ___ Wash. U. L. Rev. ___ (forthcoming 2014).

The Problem of Deterring Extraterritorial Crime, 17 Chap. L. Rev. 355 (2014). [L] [W] [HEIN]

Insurance Law and Tort Law

Virginia Practice Series: Tort and Personal Injury Law (West rev. ed. 2014) (with Robert Draim and David Hudgins).

Family Law/Domestic Relations

Virginia Practice Series: Family Law: Theory, Practice, and Forms (West rev. ed. 2014) (with Lawrence Diehl and James Cottrell).

Insurance Law and Tort Law

“Why Won’t Homeowners Insurance Cover My Loss?”: Reassessing Property Insurance Concurrent Causation Coverage Disputes, 88 Tulane L. Rev. 515 (2014). [L] [W] [HEIN]

Criminal Law and Procedure: An Overview (Cengage Learning 4th ed. 2014) (with Ronald J. Bacigal).

Considering Patricia Millett for the D.C. Circuit, 4 Wake Forest L. Rev. Online 11 (2014). [Journal]

Filling the District of Arizona Vacancies, Ariz. L. Rev. Syl. (2014). [Journal]

Observations on MacDonald v. Moose, 65 S.C. L. Rev. 951 (2014). UR