Federal Appeals Court Reinstates Borrower’s Wrongful Foreclosure Claim
Noted Massachusetts foreclosure defense attorney Glenn Russell is on a roll of a lifetime, yesterday winning a rare victory on behalf of a borrower at the U.S. Court of Appeals for the First Circuit in Boston. The case is Juarez v. Select Portfolio Servicing, Inc. (11-2431) (click for opinion). It is, I believe, the first federal appellate ruling in favor of a wrongful foreclosure claimant in the First Circuit which covers the New England area, and one of the first rulings to delve into the problem of back-dated mortgage assignments.
Alleged Backdated Mortgage Assignment Proves Fatal
Melissa Juárez purchased a home in Dorchester, Massachusetts on August 5, 2005, financing it with reputed sub-prime lender New Century Mortgage. The mortgage was packaged and bundled into a real estate mortgage investment conduit (“REMIC”), a special type of trust that receives favorable tax treatment, ultimately being held by U.S. Bank, as trustee. Juárez could not afford the payments on the mortgage and defaulted. Foreclosure proceedings began in the summer of 2008, culminating in the sale of her home at an auction in October 22,2008. She claims, however, that lender did not hold the note and the mortgage at the time they began the foreclosure proceedings against her, and that the foreclosure was therefore illegal under Massachusetts mortgage law.
The problem in the case centered around the mortgage assignment into U.S. Bank, as trustee — the same problem the same bank faced in the landmark U.S. Bank v. Ibanez case. The “Corporate Assignment of Mortgage,” appears to have been back-dated. It was dated October 16, 2008 and recorded in the corresponding registry of deeds on October 29, 2008, after the foreclosure had been completed. However, at the top of the document, it stated: “Date of Assignment: June 13, 2007,” in an obvious attempt to date it back prior to the foreclosure.
First Circuit Reinstates Borrower’s Wrongful Foreclosure Claims
After federal judge Denise Casper dismissed Juarez’s claims entirely on a motion to dismiss, the First Circuit reinstated the majority of Juarez’s claims. U.S. Bank claimed that the back-dated mortgage assignment was merely a confirmatory assignment in compliance with the Ibanez ruling, but the appeals court concluded otherwise:
Nothing in the document indicates that it is confirmatory of an assignment executed in 2007. Nowhere does the document even mention the phrase “confirmatory assignment.” Neither does it establish that it confirms a previous assignment or, for that matter, even make any reference to a previous assignment in its body.
Lacking a valid mortgage assignment in place as of the foreclosure, U.S. Bank lacked the authority to foreclose, the court ruled, following the Ibanez decision. Ms. Juarez and Glenn Russell will now get the opportunity to litigate their claims in the lower court.
Will Lenders Ever Learn Their Lesson?
The take-away from this case is that courts are finally beginning to scrutinize the problematic mortgage assignments in wrongful foreclosure cases. This ruling may also affect how title examiners and title insurance companies analyze the risk of back titles with potential back-dated mortgage assignments. If a lender records a true confirmatory assignment, it must do much better than simply state an effective date.
Richard D. Vetstein, Esq. is a Massachusetts real estate attorney who writes frequently about new foreclosure issues concerning the real estate industry. He can be reached at email@example.com.Rich
Tagged as: backdated mortgage assignment, foreclosure defense, Glenn Russell, Juarez v. Select Portfolio, Juarez v. Select Portfolio analysis, Juarez v. U.S. Bank, Massachusetts foreclosure defense, Massachusetts foreclosure defense attorney lawyer, Massachusetts foreclosure law, trustee. U.S. Bank v. Ibanez, U.S. Bank
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Roy Ryden Anderson, Vinson & Elkins Fellow and Professor of Law, B.A., 1966, Texas Christian University; J.D., 1969, Southern Methodist University; LL.M., 1975, Yale University. A former editor of the Journal of Air Law and Commerce, Professor Anderson has served at Dedman School of Law as executive director of the criminal justice program, assistant dean, associate dean and senior associate dean for academic affairs. He teaches in the areas of contracts, commercial law and commercial remedies. He is the author of numerous law journal articles and a two-volume treatise entitled Damages Under the Uniform Commercial Code (1988; 2d ed. 2003). He also is co-author of three volumes of the Texas Litigation Guide and of Anderson, Bartlett and East’s Texas Uniform Commercial Code Annotated (2002, 2015). Professor Anderson is a life member of the American Law Institute and a life fellow of the Texas Bar Foundation. He has served as a member of the American Law Institute Consultative Group on the revision of Uniform Commercial Code Article 2 and as a commentator for the American Bar Association subcommittee of advisers to the U.C.C. Article 2 Drafting Committee. Professor Anderson was a member of the State Bar of Texas committee that prepared the bill analysis of U.C.C. Article 1 for the Texas Legislature and was the co-chair and reporter for the Texas Bar committee that prepared a bill analysis of the proposed amendments to U.C.C. Articles 2 and 2A for the Texas Legislature.
Maureen N. Armour, Co-Director of Civil Clinic and Associate Professor of Law, B.A., 1970, University of California, Santa Cruz; M.S.W. (administration), 1974, University of California, Berkeley; J.D., 1981, Southern Methodist University. Following graduation, Professor Armour was a law clerk to Judge Barefoot Sanders, federal district judge, Northern District of Texas. Professor Armour has been a partner in the litigation section of the Dallas law firm of Akin, Gump, Strauss, Hauer & Feld. Professor Armour has served SMU at the School of Law since 1989 as a member of the faculty and as associate dean for clinical education. Professor Armour currently codirects the Civil Clinic and teaches civil rights litigation. Professor Armour’s research interests and publications focus on judicial discretion and the role of advocacy in constitutional decision-making.
Lackland H. Bloom, Jr., Larry and Jane Harlan Senior Research Fellow and Professor of Law, B.A., 1970, Southern Methodist University; J.D., 1973, University of Michigan. A member of Phi Beta Kappa and the Order of the Coif, as well as administrative editor of the Michigan Law Review, Professor Bloom was a law clerk to Chief Judge John R. Brown of the U.S. Court of Appeals for the Fifth Circuit. He later was associated with the Washington firm of Wilmer, Cutler & Pickering. A specialist in constitutional law, he has published two books with the Oxford University Press. The first, Methods of Interpretation: How the Supreme Court Reads the Constitution, published in 2009, received the Godbey Lecture Series Authors Award in 2010. The second book, Do Great Cases Make Bad Law?, was published in 2014. Professor Bloom has published articles concerning affirmative action, copyright and free speech, defamation and offensive speech. He has recently delivered talks to the Bill of Rights and the Intellectual Property sections of the Texas Bar. He also delivered a four-part Godbey Lecture Series entitled “Constitutional Law 101: One Hundred and Twenty-five Years of Supreme Court Precedent in Four Hours.” He teaches courses in constitutional law, freedom of speech and religion, and copyright.
William J. Bridge, Associate Professor of Law, B.S.F.S., 1970, J.D., 1974, Georgetown University. A member of Phi Beta Kappa and of the Georgetown Law Journal, Professor Bridge was assistant dean and adjunct professor at Georgetown University Law Center before accepting the Jervey Fellowship in Foreign Law from Columbia University in 1976–78. He studied at the Faculties of Letters and of Law at the University of Caen, France, in 1970–71 and at the French Court of Cassation, the French Council of State and the French Center for Comparative Law in 1977–78. In 1984 and 1986, Professor Bridge was a visiting professor at Georgetown University Law Center. Fluent in French, he teaches criminal law and procedure, evidence, professional responsibility, comparative law, and law and literature. He publishes and pursues research in evidence, professional responsibility, criminal procedure and foreign law.
Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law, B.A., 1989, Yale College; J.D., 1992, University of Chicago Law School. Professor Carpenter teaches and writes in the areas of constitutional law, the First Amendment, and LGBT rights and the law. Professor Carpenter’s book, Flagrant Conduct: The Story of Lawrence v. Texas (Norton, 2012), was chosen a Notable book for 2012 by the New York Times, and garnered favorable reviews in the Times, the New Yorker, The New York Review of Books, and many other journals and newspapers. Professor Carpenter clerked for the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit from 1992 to 1993. After his clerkship, he practiced at Vinson & Elkins in Houston and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco. From 2000 to 2016, he taught at the University of Minnesota Law School, where he was a Distinguished University Teaching Professor and held the law school’s chair in Civil Rights law. Carpenter is a member of the state bars of Texas and California, and of the American Law Institute. Since 2004, he has served as an editor of Constitutional Commentary. Since 2005, he has been an active blogger on the popular legal blog, the Volokh Conspiracy, which is hosted by the Washington Post.
Michaela Cashen, Senior Lecturer in Law, B.A., 1981, Augustana College; J.D., 1984, University of Illinois. Prior to attending law school, Ms. Cashen was a practicing registered nurse in Illinois. After graduation from law school, she practiced law as an associate with the Dallas firm of Johnson, Bromberg & Leeds, where she focused on commercial litigation, employment law and construction law. She then served as in-house counsel with Texas Instruments, focusing primarily on real estate law. Before joining the SMU full-time faculty, she taught legal software and online legal research for a number of years in Dallas. At SMU, she currently teaches primarily in the areas of legal research and legal writing. In addition to her first-year legal research and writing classes, Ms. Cashen teaches a graduate course on perspectives of the American legal system for international Master of Laws students. She also teaches a Texas Bar Exam essay-writing workshop twice a year, prior to both the February and July bar exams.
Anthony J. Colangelo, Gerald J. Ford Research Fellow and Professor of Law, B.A., 2000, (Phi Beta Kappa) Middlebury College; J.D., 2003, (Order of the Coif) Northwestern University; LL.M., 2006, Columbia University; J.S.D., 2009, Columbia University. Professor Colangelo’s scholarly and teaching interests are in the fields of conflict of laws, civil procedure, U.S. foreign relations law, and private and public international law. His scholarship has been selected multiple times for presentation at the prestigious Stanford/Yale Junior Faculty Forum and has been published in top general and international scholarly journals. His articles have also been cited and quoted in a number of high-profile cases at the U.S. Court of Appeals and U.S. District Court levels as well as in a recent U.S. Military Commission ruling regarding, among other things, the extraterritorial application of U.S. law implementing the U.N. Torture Convention to Chuckie Taylor (son of former Liberian dictator Charles Taylor), the proper exercise of universal jurisdiction in relation to Alien Tort Statute claims by South African plaintiffs against corporations alleged to have been complicit in apartheid-era abuses by the South African government, and Salim Hamdan’s (Osama bin Laden’s driver) challenges to U.S. Military Commission jurisdiction. Prior to coming to SMU, Professor Colangelo held an associate-in-law research and teaching fellowship at Columbia Law School. Before Columbia, he worked as a litigation associate at the law firm Cleary Gottlieb Steen and Hamilton LLP in the New York and Rome offices. Following law school, where he was notes editor of the Northwestern University Law Review, Professor Colangelo clerked for the Honorable Ralph K. Winter, U.S. Court of Appeals for the Second Circuit.
James Coleman, Assistant Professor of Law, B.A., 2001, Harvard College; J.D., 2007, Harvard Law School. Professor Coleman comes to SMU from the University of Calgary, where he taught at both the law school and the business school. Before Calgary, he served on the faculty at Harvard Law School as a Climenko Fellow and Lecturer on Law. Beginning this fall, he will teach oil and gas. He has earned two degrees from Harvard University — a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in field). Upon graduation from law school, he served as clerk for Eighth Circuit Judge Steve Colloton, and then practiced energy, environmental, and appellate law as an associate in the Washington, D.C., firm of Sidley Austin LLP for three years. Coleman’s scholarship addresses regulation of North American energy companies, focusing on how countries account for and influence regulation of fuel and electricity in their trading partners and how global energy companies respond to competing pressures from investors and regulators in multiple jurisdictions. He publishes the Energy Law Professor blog and you can follow him on Twitter at @energylawprof.
Jennifer M. Collins, Judge James Noel Dean and Professor of Law, B.A., 1987, Yale University; J.D. 1991, Harvard University. Dean Collins graduated magna cum laude from Harvard Law School and served as the notes editor of the Harvard Law Review. After graduation, she served as a law clerk to the Honorable Dorothy Nelson of the U.S. Court of Appeals for the Ninth Circuit. Dean Collins served as an attorney adviser in the Office of Legal Counsel in the U.S. Department of Justice and as an assistant U.S. attorney for the District of Columbia, where she specialized in homicide cases. She also worked in private practice at Miller Cassidy Larroca & Lewin (now Baker Botts) and Sidley Austin. Prior to joining the SMU faculty, Dean Collins was at the Wake Forest University School of Law, where she taught criminal law, criminal procedure, family law, and gender and the law, and won every teaching award offered by the law school. She also served as vice provost for the university. Dean Collins’ articles have appeared in the Yale Law Journal, Northwestern University Law Review, Iowa Law Review and many others. Her first book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (coauthored with Dan Markel and Ethan Leib), was published by Oxford University Press in 2009.
Nathan Cortez, Associate Dean for Research, Adelfa Botello Callejo Endowed Professor in Leadership and Latino Studies and Gerald J. Ford Research Fellow, B.A., 1999, University of Pennsylvania; J.D., 2002, Stanford University. Professor Cortez teaches and writes on health law, food and drug law, administrative law, and legislation. His research focuses on the challenges of regulating emerging markets in health care and biotechnology. For example, he has become one of the world’s leading legal scholars on medical tourism and cross-border health care. He also writes extensively on Food and Drug Administration regulation, including First Amendment challenges, alternative forms of regulation such as adverse publicity and the ways the FDA addresses new technologies such as mobile medical applications. Professor Cortez has presented his research to regulators, at industry conferences, to professional societies and at law schools around the country including Harvard, North Carolina, Texas, Wisconsin and Yale. He also provides frequent legal commentary to the media, including the Chicago Tribune, CNN, the Huffington Post, the Los Angeles Times, NPR and The Associated Press. Before joining SMU, Professor Cortez practiced with the Washington, D.C., law firm Arnold & Porter, representing clients in regulatory matters, with a special emphasis on health care fraud and abuse, FDA enforcement, health privacy, and the Medicare and Medicaid programs. He represented clients in litigation, in transactions, during agency enforcement actions and during congressional investigations and hearings. While at Arnold & Porter, Professor Cortez litigated pro bono cases with the Mexican American Legal Defense and Educational Fund, and was a board member of the D.C. Hispanic Bar Foundation. In 2006, he was a visiting assistant professor at Rutgers-Camden Law School. He received his B.A. from the University of Pennsylvania and J.D. from Stanford University.
Gregory S. Crespi, Homer R. Mitchell Endowed Professor in Commerical and Insurance Law and Professor of Law, B.S., 1969, Michigan State University; M.S., 1974, George Washington University; Ph.D., 1978, University of Iowa; J.D., 1985, Yale Law School. Prior to joining the faculty at SMU, Professor Crespi served in the White House as the senior counsel for the Council of Economic Advisers under the Reagan and Bush administrations. Professor Crespi also practiced law for several years with the firms of Debevoise & Plimpton and Davis, Hockenberg specializing primarily in securities law. He is the author of two books on securities law and of a number of articles on law and economics, securities regulation, contract law, disability rights and other topics. Professor Crespi teaches in the areas of contract law, law and economic analysis, and business enterprise.
William V. Dorsaneo, III, Justice John and Lena Hickman Distinguished Faculty Fellow and Professor of Law, B.A., 1967, University of Pennsylvania, J.D., 1970, University of Texas. A member of Phi Beta Kappa, grand chancellor of the Order of Chancellors and a member of the Order of the Coif, Professor Dorsaneo was a litigation specialist in Dallas after graduation from law school. He is the principal author of the 26-volume Texas Litigation Guide published by Matthew Bender & Company and the co-author of the five-volume Texas Civil Trial Guide, as well as three casebooks entitled Cases and Materials on Civil Procedure, Texas Pre-Trial Litigation and Texas Trial & Appellate Litigation, and several other volumes on Texas litigation. He is board certified in civil appellate law, an active member of the Advisory Committee to the Texas Supreme Court and a member of the American Law Institute.
Beverly C. Duréus, Senior Lecturer in Law, B.A., 1983, Drake University; J.D., 1986, Drake University Law School; Th.M., 1999, Dallas Theological Seminary; D.Min.2016, SMU Perkins School of Theology. Ms. Duréus teaches legal research, writing and advocacy, and a course on federal judicial externships. Her scholarship interests and teaching experiences also include civil procedure, evidence, alternative dispute resolutions and an integration of religion and jurisprudence. Ms. Duréus serves as a co-executive editor of The International Lawyer and The Year in Review. At Drake University Law School, Ms. Duréus was a member of the National Order of the Barristers and Phi Alpha Delta, served as the chair of the Moot Court Board and obtained numerous awards for oral advocacy. Prior employment experiences include working for the chief judge of the U.S. District Court for the Southern District of Iowa, associate professor of law at Drake Law School, shareholder at Chapman & Reese P.C., chair of the Ecclesiastical Section at White & Wiggins LLP, and associate at Gardere & Wynne LLP. She is the president and founder of Katallasso Ministries International and a faculty consultant, and former faculty adviser to the Black Law Students Association and former faculty adviser to the Christian Legal Society. She is also the former president of the Dallas Association of Black Women Attorneys and a member of the William MacTaylor American Inn of Court, Dallas Bar Foundation fellow, Board of Counselors at Drake Law, Who’s Who in American Law Schools, American Association of Law Schools, J.L. Turner Legal Association, and Dallas and American bar associations.
Linda S. Eads, Associate Professor of Law, B.A., 1971, American University; J.D., 1975, University of Texas. Professor Eads teaches and writes in the areas of evidence, trial advocacy, legal ethics, constitutional law, and women and the law. She has received the University United Methodist Church Scholar/Teacher of the Year Award, the University Golden Mustang Teaching Award and the Law School’s Don Smart Teaching Award. From January 1999 to August 2000, Professor Eads served as deputy attorney general for litigation for the state of Texas. In this position, she directed the state’s civil litigation and supervised more than 300 lawyers in the 10 civil litigation divisions in the Texas Attorney General’s Office. Prior to joining the School of Law faculty, Professor Eads served as trial attorney with the United States Department of Justice, Tax Division. In this capacity, she prosecuted and investigated tax evaders, tax protestors and drug dealers throughout the United States. While at the Department of Justice, Professor Eads received the attorney general’s Special Commendation Award and twice was honored with the department’s Outstanding Attorney Award. In 2007, she received the President’s Award from the Texas State Bar for outstanding service to the state bar. In 2009, Professor Eads received the Lola Wright Foundation Award from the Texas Bar Foundation, an award given each year to a lawyer in Texas who excelled in promoting legal ethics in the state.
Julie P. Forrester, Associate Provost and Professor of Law, B.S.E.E., 1981, J.D., 1985, University of Texas at Austin. Professor Forrester joined the law faculty in 1990 after practicing as a real estate attorney with the Dallas law firm of Thompson & Knight. As Associate Provost, she oversees the Altshuler Learning Enhancement Center, the Center for Academic Support of Student Athletes, the Office of International Student and Scholar Services, the President’s Scholars Program, the University’s Study Abroad Programs and the Taos Campus. Professor Forrester publishes articles on real estate finance, predatory lending, real property and bankruptcy law, and she received the 1995 John Minor Wisdom Award for Excellence in Legal Scholarship for her first predatory lending article. She teaches in the areas of property, real estate transactions and land use, and is co-author with Edward Chase of Property Law: Cases, Materials, and Questions. Professor Forrester served as Dean ad interim of the law school from June 1, 2013, through June 30, 2014, and as associate dean for academic affairs during the 1995-96 academic year. She is a member of the American Law Institute, the American College of Real Estate Lawyers and the American College of Mortgage Attorneys. She is on the Executive Board of the American Association of Law Schools Real Estate Transactions Section, serving as chair in 2015. She is a member of the Texas State Bar Real Estate, Probate, and Trust Law Section Council, and she served on the section’s committee that drafted the Texas Assignment of Rents Act, which became law in 2011.
Jeffrey M. Gaba,Senior Associate Dean for Academic Affairs, M.D. Anderson Foundation Endowed Professor in Health Law and Professor of Law, B.A., 1972, University of California, Santa Barbara; J.D., 1976, Columbia University; M.P.H., 1989, Harvard University. Professor Gaba specializes in environmental law. In law school, Professor Gaba was notes and comments editor of the Columbia Journal of Environmental Law. Following law school, he was a law clerk to Chief Justice Edward Pringle of the Colorado Supreme Court. Prior to joining the faculty at SMU, he was an attorney with the Environmental Defense Fund and with the Office of General Counsel of the U.S. Environmental Protection Agency. Professor Gaba has published numerous articles on environmental law. He is the author of Environmental Law (West Black Letter Series) and co-author of the treatise The Law of Solid Waste, Pollution Prevention and Recycling. He teaches environmental law and related courses, property and administrative law.
Joanna L. Grossman, Ellen Solender Endowed Chair in Women and the Law and Professor of Law, B.A., 1990, Amherst College; J.D. 1994, Stanford University. She teaches in the areas of gender law, family law, and trusts and estates. She is an expert in sex discrimination law and has written extensively about educational and workplace equality, with a special focus on issues such as sexual harassment and pregnancy discrimination. In her most recent book, Nine to Five: How Sex, Gender, and Sexuality Continue to Define the American Workplace (Cambridge 2016), Professor Grossman provides a lively and accessible discussion of contemporary cases and events that show it is far too soon to pronounce the triumph of women’s work-place equality. She is the co-author of Gender and Law: Theory, Doctrine, Commentary (7th ed. 2016), a sex discrimination casebook, and of Inside the Castle: Law and the Family in 20th Century America (Princeton 2011), a comprehensive social history of American family law. She is the coeditor of Gender Equality: Dimensions of Women’s Equal Citizenship (Cambridge University Press 2009), an interdisciplinary anthology that explores persistent gaps between formal commitments to gender equality and the reality of women’s lives, and Family Law in New York, a guide to domestic relations law in a state that is a “leader” with few followers. A graduate with distinction from Stanford Law School, Professor Grossman served as the articles development editor of the Stanford Law Review and was elected to Order of the Coif. She served as a law clerk to Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit before spending a year as staff counsel at the National Women’s Law Center in Washington, D.C., as recipient of the Women’s Law and Public Policy Fellowship. She practiced law from 1996 to 1998 at the Washington, D.C., law firm of Williams & Connolly. Prior to joining the SMU faculty, she was the Sidney & Walter Siben Distinguished Professor of Family Law at Hofstra Law School in New York. Professor Grossman is a regular columnist for Justia’s Verdict and an elected member of the American Law Institute.
Christopher H. Hanna, Alan D. Feld Endowed Professor, Altshuler Distinguished Teaching Professor and Professor of Law, B.S., 1984, J.D., 1988, University of Florida, LL.M., 1989, New York University. Professor Hanna has been a visiting professor at the University of Texas School of Law, the University of Florida College of Law and the University of Tokyo School of Law, and a visiting scholar at Harvard Law School and the Japanese Ministry of Finance. In 1998, Professor Hanna served as a consultant in residence to the Organization for Economic Cooperation and Development in Paris. From June 2000 to April 2001, he assisted the U.S. Joint Committee on Taxation in its complexity study of the U.S. tax system; from May 2002 to February 2003, he assisted the joint committee in its study of Enron; and, upon completion of the study, he continued to serve as a consultant to the Joint Committee on Tax Legislation. Since May 2011, Professor Hanna has served as senior policy adviser for tax reform to the United States Senate Committee on Finance. In March 2014, he was appointed a fellow at the George W. Bush Institute. Prior to coming to SMU, Professor Hanna was a tax attorney with the Washington, D.C., law firm of Steptoe & Johnson. His primary duties included tax planning for partnerships and corporations on both a domestic and international level, and also tax controversy. He has received the Dr. Don M. Smart Teaching Award for excellence in teaching at the SMU Law School on eight separate occasions. In 1995, he was featured in Barrister magazine, a publication of the American Bar Association Young Lawyers Division, as one of “21 young lawyers leading us into the 21st century” (special profile issue 1995). He has authored numerous articles in various areas of taxation including international taxation, corporate taxation, partnership taxation and tax accounting. Professor Hanna’s first book, Comparative Income Tax Deferral: The United States and Japan, was published in July 2000. He coauthored a second book, Corporate Income Tax Accounting, which was published in fall 2007 and is now in its eighth edition. Professor Hanna is a member of the American Law Institute and the American College of Tax Counsel.
Grant M. Hayden, Professor of Law, B.A., 1989 (Phi Beta Kappa) University of Kansas; M.A., 1991, University of Kansas; J.D., 1995 (Order of the Coif) Stanford University. Professor Hayden received his law degree with distinction from Stanford Law School and holds a Bachelor of Arts in philosophy and a Master of Arts in art history from the University of Kansas. At Kansas, he taught the history of Western art and led efforts to organize the graduate teaching assistants into a collective bargaining unit. As a law student, he was an editor of the Stanford Law Review and the Stanford Law and Policy Review. Professor Hayden served as a law clerk to Judge Deanell Reece Tacha of the U.S. Court of Appeals for the Tenth Circuit, and worked as an associate at the Washington, D.C., law firm of Shea & Gardner. Prior to joining the SMU faculty, Professor Hayden was at the Hofstra University School of Law, where he was chosen by four graduating classes to be the faculty commencement speaker. He writes and teaches in the areas of corporate governance, voting rights, labor law, and employment discrimination. His recent publications include articles in the California, Fordham, Michigan, and Vanderbilt Law Reviews.
Patricia S. Heard, Senior Lecturer in Law, B.A., 1980, University of Texas at Arlington, J.D., 1983, University of Texas. While in law school, Ms. Heard was a member of the Texas Law Review. Prior to joining the law faculty at SMU, Ms. Heard was an attorney with several different firms in the Dallas area, specializing primarily in transaction work and civil litigation. In addition, she was in-house counsel for a large corporation in Birmingham, Alabama. Ms. Heard currently teaches legal research, writing and advocacy, and also serves as a co-executive editor of The International Lawyer.
JoAnn A. Hubbard, Senior Lecturer in Law, B.S. (pharmacy), University of Oklahoma; J.D., 1987, University of Oklahoma. While in law school, Ms. Hubbard was articles editor of the Oklahoma Law Review and a member of the Order of the Coif. Prior to joining the SMU faculty in 2000, she was an associate in the Dallas office of Jones Day. After practicing for several years, she joined an independent Texas banking group as its vice president and general counsel. In 2003, she was the assistant director of the SMU Dedman School of Law Corporate Directors’ Institute. Her current teaching area is legal research, writing and advocacy.
Lolita Buckner Inniss,Professor of Law, A. B., 1983, Princeton University; J.D.,1986, University of California at Los Angeles (UCLA); LL.M, 2007, Osgoode Hall, York University; Ph.D, 2011, Osgoode Hall, York University. At Princeton, she majored in Romance Languages and Literature with certifications (minors) in African American and Latin American Studies, and was a National Urban League Essay Prize winner and a Latin American Studies Travel Scholarship winner. At UCLA, she was an editor of the National Black Law Journal, a participant in Moot Court Honors, and an extern for the Honorable Consuelo B. Marshall of the United States District Court for the Central District of California. At Osgoode Hall, she earned an LL.M with Distinction and Ph.D. in Law with a specialization in Comparative Equality Jurisprudence, African Diaspora Studies and Feminist Legal Theory. From 1998 until 2017 Dr. Inniss served as an Assistant, Associate and Full Professor of Law at Cleveland-Marshall College of Law, Cleveland State University, where she taught Property Law, Real Estate Law, and Comparative Race and the Law. From 2010 until 2013 she held the Joseph C. Hostetler-Baker & Hostetler Chair in Law at Cleveland-Marshall. In Spring 2012, she was a fellow of New York University-Centre National De La Recherche Scientifique (CNRS) in Paris, France, where she researched slavery, trauma and law. From 2012 to 2014 Dr. Inniss held the Elihu Root Peace Fund Visiting Professorship in Women’s Studies, a distinguished visiting chair at Hamilton College in Clinton, New York, where she offered interdisciplinary gender, race and law courses to undergraduates. Dr. Inniss’ research addresses geographic, historic and visual norms of law, especially in the context of comparative constitutionalism, gender and race. She is the author of dozens of articles, essays and other writings that have appeared in Texas Law Review, Washington University Law Review, Harvard Journal of Racial and Ethnic Justice, Columbia Journal of Race and Law, Canadian Journal of Women and the Law, and many other distinguished publications. Her current major research project is a book titled The Princeton Fugitive Slave: James Collins Johnson, an account of race, gender, slavery and the law at Princeton University (forthcoming, Rutgers University Press). Dr. Inniss is also one of the contributors to a volume titled International Law’s Objects (forthcoming, Oxford University Press), a work addressing the legal and metaphoric aspects of various objects in international law. In addition, she is a contributor to a volume titled Feminist International Judgments (forthcoming Hart Publishers), a work that explores methods of enacting feminist perspectives in international law. Before going to Cleveland-Marshall, Dr. Inniss served as a clinic director at Seton Hall University Law School in New Jersey, where she led the Immigration Clinic. She also served as a clinic director at Widener University Law School in Delaware, where she founded and led an Immigration Clinic. In addition, she served as the Martin Luther King Jr./Cesar Chavez/Rosa Parks Visiting Associate Professor at Wayne State University in Detroit. Before joining the legal academy, Dr. Inniss was a founder and leader of two law practices in New Jersey where she focused on real estate transactions and litigation, immigration law, and criminal law. She was also a pro bono attorney for the National Lawyer’s Guild Immigration Project. Currently she serves as a pro bono attorney with the American Bar Association/United Nations Development Program, where her most recent project was a legislative analysis report for the Government of Grenada.
Chris Jenks, Director of Criminal Clinic and Associate Professor of Law, B.S., 1992, United States Military Academy; J.D., 2001, University of Arizona College of Law; LL.M., 2006, The Judge Advocate General’s School; LL.M., 2009, Georgetown University Law Center (with honors). Professor Jenks is a fellow at the Asia Pacific Centre for Military Law’s Program on Emerging Military Technology at Melbourne Law School in Australia and at SMU’s John Goodwin Tower Center for Political Studies, and serves as the deputy course director the Peace Support Operations course at the International Institute for Humanitarian Law in Sanremo, Italy. Prior to joining the SMU law faculty, Professor Jenks served in the US Army, first as an Infantry Officer and later as a Judge Advocate, and was detailed to the Office of the Legal Adviser at the Department of State and as a Special Assistant US Attorney on both the civil and criminal side at the Department of Justice.
He is the co-author of a law of armed conflict textbook and has published book chapters with both Oxford and Cambridge University presses. His articles have appeared in the law reviews and journals of Harvard, Berkeley, Georgetown, Stanford, & Washington & Lee and the International Review of the Red Cross. His blog posts have been featured on Lawfare, Just Security, and Opinio Juris. He has presented to House and Senate Staffers on Capitol Hill, at the American Society of International Law, the Council on Foreign Relations, and at universities and institutes around the world.
In 2016, he presented at the United Nations Convention on Certain Conventional Weapons Expert Meeting on Lethal Autonomous Weapons (LAWS) in Geneva, Switzerland. In 2015, he was awarded a Fulbright Senior Scholars Grant to research LAWS as part of a multidisciplinary research group based out of Melboune, Australia. He has spoken on LAWS at the Australian Defence Legal Division Headquarters, the Australian and New Zealand Society of International Law, the German Institute for International and Security Affairs, and at the University of Oxford. In 2014, he served on a working group on the environment and armed conflict at the United Nations in New York organized by the Special Rapporteur for the International Law Commission. And in 2013, he served as a consultant to the Office of the Secretary of Defense on security sector reform in the Democratic Republic of the Congo. Prior to joining the SMU faculty, Professor Jenks served for more than 20 years in the U.S. military, first as an infantry officer serving in Germany, Kuwait and as a NATO peacekeeper in Bosnia, and then as a judge advocate serving near the demilitarized zone in the Republic of Korea and later in Iraq, where he provided law of armed conflict advice on targeting and detention issues during combat operations. The Department of Justice’s Counterterrorism Section nominated him for the John Marshall Award for interagency cooperation following his work as the lead prosecutor in the Army’s first counterterrorism trial involving a soldier who attempted to aid an al-Qaeda terrorist. While working in the human rights and refugees section of the Office of the Legal Adviser at the Department of State, he served as a member of the U.S. delegation to the Third Committee of the United Nations General Assembly. In his last assignment, Professor Jenks served as the chief of the international law branch for the U.S. Army in the Pentagon, where he supervised the program by which foreign countries asserted criminal jurisdiction over U.S. service members and represented the DOD at Status of Forces Agreement negotiations; he was also the legal adviser to the U.S. military observers group, which provides personnel to U.N. missions around the world.
Jeffrey Kahn, Professor of Law, B.A., 1994, Yale University; M.Phil., 1996, Oxford University; D.Phil., 1999, Oxford University; J.D., 2002, University of Michigan. Professor Kahn’s doctoral dissertation was published by Oxford University Press as Federalism, Democratization, and the Rule of Law in Russia (2002). Following graduation, he served as a law clerk to the Honorable Thomas P. Griesa of the United States District Court for the Southern District of New York. Professor Kahn was a trial attorney in the Civil Division of the United States Department of Justice from October 2003 until April 2006, litigating a nationwide docket of constitutional, statutory and administrative law issues. In 2005, he was briefly detailed to the Criminal Division to conduct research in Russia on Russian criminal procedure for the Justice Department’s Office of Overseas Prosecutorial Development, Assistance and Training. In fall 2006, that office sent him to Armenia to advise senior officials of the Armenian Ministry of Justice. During the spring 2006 term, Professor Kahn served as an adjunct assistant professor of the School of Foreign Service at Georgetown University. He has been an O’Brien fellow in residence at McGill University’s Faculty of Law and a visiting professor of law at Washington and Lee University School of Law. Professor Kahn was named the 2007–08 teaching fellow by SMU’s Cary M. Maguire Center for Ethics and Professional Responsibility, and a 2008–09 Colin Powell Fellow at John Goodwin Tower Center for Political Studies. He won the Don M. Smart Teaching Award for the 2010–11 academic year. His articles have been published in the Michigan Law Review, UCLA Law Review, Virginia Journal of International Law and many other periodicals and edited volumes. His most recent book is Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists (University of Michigan Press, 2013: paperback 2014). Professor Kahn teaches and writes on American constitutional law, Russian law, human rights and counterterrorism.
John S. Lowe, George W. Hutchison Chair in Energy Law and Professor of Law, B.A., 1963, Denison University; LL.B., 1966, Harvard University. A Maxwell Fellow in Malawi in 1966–69, Professor Lowe practiced law privately in Columbus, Ohio, in 1970–75. He then became a member of the faculty at the University of Toledo, where he served as assistant and associate professor in 1975–78. He joined the faculty of the University of Tulsa in 1978 as professor and associate director of the National Energy Law and Policy Institute. Professor Lowe has been a visiting professor at the University of Texas, the distinguished visiting professor of natural resources law at the University of Denver, the Visiting Judge Leon Karelitz Chair of Oil and Gas Law at the University of New Mexico and the Visiting Borden Ladner Gervais LLP Chair of Energy Law and Policy at the University of Alberta. He is a former chair of the Section of Environment, Energy and Resources Law of the American Bar Association and a former president of the Rocky Mountain Mineral Law Foundation. He is author of Cases and Materials on Oil and Gas Law, Oil & Gas Law in a Nutshell, Oil and Gas Law and Taxation, and International Petroleum Transactions. Professor Lowe teaches courses on oil and gas law, and oil and gas contracts. He also teaches as a senior fellow of the faculty of law at the University of Melbourne, Victoria, Australia, and as a visiting professor at the faculty of law at the University of Sydney, NSW, Australia, and as an Honorary Lecturer at the University of Dundee, Scotland. He has been an international legal adviser in the Commercial Law Development Program of the United States Department of Commerce, and he is a member of the bars of Texas, Oklahoma, and Ohio, and a member of the commercial arbitration panels of the American Arbitration Association and the CPR Institute for Dispute Resolution.
George A. Martinez, Professor of Law, B.A., 1976, Arizona State University; M.A. (philosophy), 1979, University of Michigan; J.D., 1985, Harvard University. A member of Phi Beta Kappa, Professor Martinez was a teaching fellow in the department of philosophy at the University of Michigan in 1979–81 and a visiting assistant professor of philosophy at Texas Christian University in 1981–82. He was a litigation associate with the Chicago firm of Mayer, Brown & Platt in 1985–88 and with the San Francisco firm of Morrison & Foerster in 1988–91. Professor Martinez has been a visiting professor of law at the University of Illinois and has presented papers at numerous universities including Yale University, the University of California at Berkeley and the University of Buenos Aires. Professor Martinez has published numerous law review articles in the areas of federal courts, critical race theory and jurisprudence. His work has been reprinted in a number of leading anthologies on critical race theory. He is an editor of A Reader on Race, Civil Rights and American Law: A Multiracial Approach. He is associate editor of Law and Business Review of the Americas. Professor Martinez teaches in the areas of civil procedure, complex litigation, federal courts and jurisprudence.
Thomas Wm. Mayo, Altshuler Distinguished Teaching Professor and Professor of Law, B.A. (Philosophy), 1971, Amherst College; J.D. (magna cum laude), 1977, Syracuse University College of Law. After law school, where he was editor-in-chief of the Syracuse Law Review and a member of the Order of the Coif, Professor Mayo was an associate with the Rochester, New York, firm of Nixon Peabody LLP, after which he served as a law clerk to the U.S. Court of Appeals for the District of Columbia Circuit. He was then associated with the Washington, D.C., firm of Covington & Burling, where he practiced in the areas of antitrust, securities fraud, communications and election law. Since coming to SMU in 1984, Professor Mayo has taught civil procedure, federal courts, land use law, family law, business torts, constitutional law and administrative law. He currently teaches health care law; bioethics and law; public health law and ethics; law, literature and medicine; nonprofit organizations; legislation; and torts. He is an elected member of the American Law Institute, a charter member of the Fellows of the American Health Lawyers Association, a fellow in the Dallas Institute for Humanities and Culture, and a longtime member of the Council of the Health Law Section of the State Bar of Texas. He received SMU’s Altshuler Distinguished Teaching Professor Award for 2012–14, and he is a member of SMU’s Academy of Distinguished Teachers. He also received the 2007–08 SMU President’s Associates Award as the outstanding member of the University’s tenured faculty. He has been awarded the School of Law’s Dr. Don M. Smart Award for Teaching Excellence in three different decades, and in 1988–89, he received the University’s Outstanding Community Volunteer Award for community service. In 2002, he received the Dallas County Medical Society’s Heath Award for outstanding leadership and contributions to medicine. He is also an adjunct associate professor of internal medicine at the University of Texas Southwestern Medical School, and of counsel to Haynes and Boone LLP. Professor Mayo was the longtime poetry columnist for The Dallas Morning News.
Orly Sulami Mazur, Assistant Professor of Law, B.B.A., M.P.A., 2004, (summa cum laude) University of Texas; J.D., 2008, (Order of the Coif) SMU Dedman School of Law; LL.M., 2013, New York University. Professor Mazur is a 2016 recipient of the University’s Golden Mustang Teaching Award and a 2013 recipient of the David F. Bradford Memorial Prize by NYU School of Law for the best paper in the field of taxation. Professor Mazur is a graduate of the SMU Dedman School of Law, where she graduated first in her class and was a member of the SMU Law Review. Prior to joining the SMU faculty, Professor Mazur worked as an associate in the business planning and taxation group at Haynes and Boone, LLP, where she advised clients on tax aspects of securities offerings, mergers and acquisitions, and other business restructurings, and represented investment funds in their formation, operation and dissolution. Professor Mazur has also worked as a certified public accountant at PricewaterhouseCoopers, LLP, where she focused her practice on international taxation. Professor Mazur has previously taught tax courses at SMU as an adjunct professor and visiting assistant professor and has given short courses on emerging international tax law issues at the International Taxation Academy in Taiwan. Her current research focuses on international and comparative taxation, the intersection of international tax law and technology, and tax policy. Professor Mazur teaches a range of tax courses to J.D. and LL.M. students.
Pamela R. Metzger, Director of the Deason Family Criminal Law Reform Center and Professor of Law, B.A., 1987, Dartmouth College; J.D., 1991, New York University School of Law. Pam Metzger is a nationally recognized Sixth Amendment and ethics scholar whose work combines theory and practice in driving improvements in criminal justice. Her scholarship, which has appeared in publications such as the Yale Law Journal, Vanderbilt Law Review, Southern California Law Review and Northwestern University Law Review, has been widely cited by leading authorities and by the U.S. Supreme Court. Most recently, she has explored how a data-driven systems approach to high-risk practices can improve the delivery of public defense services.
Natalie Nanasi, Director of the Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women and Assistant Professor of Law