BRIAN D. SHANNON Charles Tex Thornton Professor of Law Texas Tech University School of Law

Transcription

1 BRIAN D. SHANNON Charles Tex Thornton Professor of Law Texas Tech University School of Law 1802 Hartford Avenue Lubbock, Texas ext. 259 Fax: PROFESSIONAL EXPERIENCE 1988 Present Law Professor Texas Tech University School of Law Fall 2008 Present TTU Faculty Athletics Representative (NCAA, Big 12) Fall December Fall 2001 Director, Law School Externship Program Associate Dean for Academic Affairs Associate Dean for Student Affairs Associate Dean for Programs Courses: Contracts, Property; Other courses taught in previous years: Law & Psychiatry, Criminal Law, Wills & Trusts, ADR, Products Liability, Administrative Law, Disabilities & Law, Externships, Government Contracts Teaching Awards & Honors: Named the Charles Tex Thornton Professor of Law (2000); Student Bar Association Faculty Member of the Year (2010); Professor of the Year Black Law Students Association (2009); President s Academic Achievement Award (2008); Inducted into Teaching Academy (1998); President s Excellence in Teaching Award (1995); Promoted to Professor (1993); Inducted into Phi Kappa Phi (1992); Granted tenure (1991); Outstanding Law Professor Award (1991); Ex-Students Association New Faculty Award (1989) Summer Visiting Professorships: University of Colorado School of Law (1996, 1993) University of Texas School of Law (1995, 1992) University of North Carolina School of Law (1990) Associate, Hughes & Luce, Austin, Texas Practice primarily focused on state administrative and legislative matters Attorney Advisor, Office of the General Counsel to the Secretary of the Air Force, the Pentagon, Washington, D.C. Practice concentrated on federal contract formation, negotiation, administration, litigation, policy, and fraud matters

2 Curriculum Vitae of Brian D. Shannon - Page 2 HIGHER EDUCATION J.D., with high honors, the University of Texas School of Law (May 1982) Activities and Honors: Class Rank 1st; Grand Chancellor (Spring 1981); Texas Law Review ( ); Teaching Quizmaster ( ); Order of the Coif B.S. (Mathematics), summa cum laude, Angelo State University (San Angelo) (May 1979) (completed all degree requirements in two years) Activities and Honors: Presidential Award for the Outstanding Graduate Class of 1979; Who s Who; Alpha Chi; Pi Mu Epsilon; and Senator, President Pro Tempore, and Interim President Student Assembly OTHER EDUCATION Government Contract Law Course Army Judge Advocate General s School (March 1983) First-ranking student LEGAL PUBLICATIONS ARTICLES & BOOKS Prescribing a Balance: The Texas Legislative Responses to Sell v. United States, 41 ST. MARY S L. J. 309 (2009); see TEXAS CRIMINAL PROCEDURE & THE OFFENDER WITH MENTAL ILLNESS: AN ANALYSIS & GUIDE (4 th ed. 2008) (co-authored with Prof. Dan Benson; published through a grant from the Texas Bar Foundation); see The Time Is Right to Revise the Texas Insanity Defense: An Essay, 39 TEX. TECH L. REV. 67 (2007) (winner of the Texas Bar Foundation s 2008 Outstanding Law Journal Award); Twenty Years of Confidentiality under the Texas ADR Act, ALTERNATIVE RESOLUTIONS, Special Summer/Fall 2007, at 25-29, 53; available at Judicial Options: Personal Bond Statutes and Defendants with Mental Illness or Mental Retardation (Texas Appleseed; short monograph article) (August 2006); see copies were distributed to all Texas judges; TEXAS CRIMINAL PROCEDURE & THE OFFENDER WITH MENTAL ILLNESS: AN ANALYSIS & GUIDE (3 rd ed. 2005) (co-authored with Prof. Dan Benson; published through a grant from the Texas Bar Foundation); see

3 Curriculum Vitae of Brian D. Shannon - Page 3 LEGAL PUBLICATIONS (CONT'D) MENTAL ILLNESS, YOUR CLIENT, AND THE CRIMINAL LAW: A HANDBOOK FOR ATTORNEYS WHO REPRESENT PERSONS WITH MENTAL ILLNESS 2005; see (a collaboration with Professor Daniel Benson, Texas Appleseed, and the Hogg Foundation for Mental Health) (who also prepared a 2004 edition); Dancing with the One that Brung Us Why the Texas ADR Community has Declined to Embrace the UMA, 2003 J. Dispute Res. 197 (2003) (part of a symposium issue on the Uniform Mediation Act by the University of Missouri s Journal of Dispute Resolution), available at A Potential Threat to Texas ADR, 65 TEX. BAR JOURNAL 27 (January 2002) (coauthored with Wayne Fagan) (editorial); A Drive to Justice: The Supreme Court s Decision in PGA Tour, Inc. v. Martin, 1 VIRGINIA SPORTS & ENTERTAINMENT L. J. 74 (2001); Confidentiality of Texas Mediations: Ruminations on Some Thorny Problems, 32 TEX. TECH L. REV. 77 (2001) (winner of the Texas Bar Foundation s 2002 Outstanding Law Journal Award); RAU, SHERMAN & SHANNON S TEXAS ADR & ARBITRATION STATUTES & COMMENTARY (2000 ed.) (West Group); TEXAS CRIMINAL PROCEDURE & THE OFFENDER WITH MENTAL ILLNESS: AN ANALYSIS & GUIDE (2 nd ed. 2000) (co-authored with Prof. Dan Benson; published through a grant from the Texas Bar Foundation); The Casey Martin Dispute: Conflicting Views of the Amicus Curiae, 1 VIRGINIA JOURNAL OF SPORTS & THE LAW 92 (1999) (includes a published version of an amicus curiae brief I filed in the U.S. Court of Appeals for the Ninth Circuit); RAU & SHERMAN S TEXAS ADR & ARBITRATION STATUTES & COMMENTARY (2d ed. 1998) (West Group) (co-author with Professor Rau and Dean Sherman); Paving the Path to Parity in Health Insurance Coverage for Mental Illness: New Law or Merely Good Intentions?, 68 COL. L. REV. 63 (1997); The 1995 Revisions to the DTPA: Altering the Landscape, 27 TEX. TECH L. REV (1996) (co-authored with Senators Bivins & Montford, and Reps. Hunter, Junell, & Duncan); Another Alternative: The Use of Moderated Settlement Conferences to Resolve ADA Disputes Involving Persons with Mental Disabilities, 12 OHIO STATE J. ON DISPUTE RESOLUTION 147 (1996);

4 Curriculum Vitae of Brian D. Shannon - Page 4 LEGAL PUBLICATIONS (CONT'D) Diversion of Offenders with Mental Illness: Recent Legislative Reforms, 59 TEX. BAR JOURNAL 331 (April 1996); Developing a Guide to the Law, 20 PSYCHIATRIC REHABILITATION J. 61 (1997); The Impact of the Courts on Mental Health Policy and Services (a chapter included in a graduate school textbook entitled, MENTAL HEALTH POLICY & PRACTICE TODAY) (Sage 1997); Court to Decide whether Government Contractors Who Settled Agent Orange Litigation May Pursue Implied Warranty or Indemnification Claims Against U.S., WEST'S LEGAL NEWS (Dec. 4, 1995) (this "publication" was written for the Internet at West Publishing Company's world-wide web site); Debarment and Suspension Revisited: Fewer Eggs in the Basket?, 44 CATHOLIC L. REV. 363 (1995) [This article is a version of a report initially prepared as a consultant to the Administrative Conference of the United States regarding the debarment and suspension of federal contractors and grantees]; TEXAS CRIMINAL PROCEDURE & THE OFFENDER WITH MENTAL ILLNESS: AN ANALYSIS & GUIDE (a book published through a grant from the Texas Bar Foundation; co-authored with Professor Dan Benson; 1994); The Brain Gets Sick, Too The Case for Equal Insurance Coverage for Serious Mental Illness, 24 ST. MARY S L. J. 365 (1993); Reprinted in 7 NAT'L INS. L. REV. 151 (1994); A Fairness of Mind, 4 VISTAS 6 (Spring 1994); The Reach for Repose: Have the Texas Courts Gone Awry?, 24 TEX. TECH L. REV. 195 (1993) (relied on by the Texas Supreme Court in Sonnier v. Chisholm Rider, 909 S.W.2d 475, at 478, 481 (1995)); The Government-Wide Debarment and Suspension Regulations After a Decade A Constitutional Framework Yet, Some Issues Remain in Transition, 134 MIL. L. REV. 1 (1991); Reprinted in 21 PUB. CONT. L. J. 370 (1992); The Texas Administrative Procedure and Texas Register Act and ADR: A New Twist for Administrative Procedure in Texas?, 42 BAYLOR L. REV. 705 (1990); Fifth Circuit Survey: Administrative Law, 21 TEX. TECH L. REV. 1 (1990); Declaratory Judgments Under the Texas Administrative Procedure and Texas Register Act: An Underutilized Weapon, 41 BAYLOR L. REV. 601 (1989); and Fifth Circuit Survey: Administrative Law, 20 TEX. TECH L. REV. 267 (1989).

5 Curriculum Vitae of Brian D. Shannon - Page 5 SERVICE & HONORS In addition to active involvement in law school and university activities, I have been extensively involved as a volunteer for various civic, charitable, and legal organizations; currently serving on the following: Governor s Committee on People with Disabilities (appointed by Governor Perry in April 2003 and reappointed three times thereafter) Board of Directors, Lubbock Regional Mental Health & Mental Retardation Center (Appointed member since 1991; served as board chair for two different periods) ADR Advisory Committee, Dispute Resolution Center Former Board member: State Bar of Texas ADR Section (Council Member); State Bar of Texas Committee on Disability Issues (past Chair & Vice Chair); Lubbock County Bar Association ( & ; Secretary: one year; At-large Member: three years; President-elect: one year; President: one year; Past President: one year); Texas Council of Community MHMR Centers; Advocacy, Inc.; Advocacy, Inc. s Mental Illness Protection & Advocacy Advisory Committee (Chair); Texas Alliance for the Mentally Ill (now NAMI-Texas); Llano Estacado Alliance for the Mentally Ill (now NAMI- (founder and original President); Lubbock Regional MHMR Center s Public Information Committee; Lubbock Regional MHMR Center s Human Rights Committee Awarded the Texas Bar Foundation s 2008 & 2002 Outstanding Law Journal Awards Elected to the American Law Institute (Oct. 2005) Named the Outstanding Alumnus at Angelo State University (Oct. 2004) Awarded the Justice Frank Evans Award by the ADR Section of the State Bar of Texas (June 2004) Appointed by former Lt. Governor Ratliff to a State Task Force on Criminal Competency Issues (service in ; legislature enacted bill developed by Task Force in 2003) Awarded the 2002 Charley H. Shannon Advocate for Justice Award by NAMI- Texas (2002) (a very special award to me because it was named for my late father) Awarded the 2001 Mary Holdsworth Butt Award by the Texas Department of Mental Health & Mental Retardation for Outstanding Volunteer Service

6 Curriculum Vitae of Brian D. Shannon - Page 6 Awarded the 1999 Scrappy Award for Outstanding Volunteer Service (in recognition of many years of service on the Lubbock Regional MHMR Center board of directors) Filed amicus curiae briefs in the Court of Appeals and United States Supreme Court on behalf of the K-T Support Group in PGA Tour, Inc. v. Martin, 121 S.Ct (2001) (ADA dispute involving cart use for golfer diagnosed with K-T Syndrome; briefs were prepared on a pro bono basis) Faculty Advisor/Coach Texas Tech ABA Negotiation Teams International Champions 2005; National Champions 1997; 2 nd in U.S. in 2005 & 1996; 3 rd in 2002 & 1996; 4 th in 1995; 5 th in 2006 & 1997; 10 th & 11 th in 2007; also, 3 rd in U.S. in BLSA Negotiation Competition in 2008 Faculty Advisor Texas Tech Law Review (22 years); Texas Tech Administrative Law Journal (11 years) Service on numerous Law School and University committees; Past chair of major Law School committees including Personnel, Curriculum, and Honor Council; Currently serve as the University s Faculty Athletics Representative to the NCAA and Big 12 Conference; recent service on the University s NCAA Self-Study Steering Committee, and as Chair of the NCAA Self-Study Subcommittee on Governance and Compliance Participant as a speaker at the national, state, local, and university level on a wide variety of topics; the following are those I participated in since 2000: Provided a program on disability law and student mental health crisis issues to the Texas Tech Threat Assessment Team (August 2010, Lubbock, Texas) Provided a program criminal competency and mental health issues to the Lubbock Mental Health Defenders Office (May 2010, Lubbock, Texas) Provided a program on law and mental health issues to NAMI-Lubbock (January 2010, Lubbock, Texas) Addressed the South Plains Trial Lawyers on the topic of Negotiation Tactics (November 2009, Lubbock, Texas) Delivered a Legislative & Case Law Update on 2009 ADR legislation and judicial decisions at a CLE workshop for the Lubbock Dispute Resolution Center (November 2009, Addressed the NAMI-Texas state conference on the topic of Diversion of Offenders with Mental Illness (October 2009, Houston, Texas) Invited speaker at a CLE course on Mental Health Law (October 2009, El Paso, Texas) Invited speaker at a CLE course on Mental Health Law (July 2009, San Angelo, Texas)

7 Curriculum Vitae of Brian D. Shannon - Page 7 Provided a workshop at the regional training seminar for the Texas Department of Aging & Disability Services about the role and responsibilities of the Texas Governor s Committee on People with Disabilities (June 2009, Wayland Baptist Univ., Plainview, Texas) Addressed the State Bar of Texas 2009 Agricultural Law Course as moderator of the panel: Resolving Disputes with the USDA (May 2009, Lubbock, Texas) Addressed the Texas Tech Law Review s Symposium on Excuses and the Criminal Law (on panel with Professors Slobogin, Loewy, and Corrado) (April 2009, Lubbock, Texas) Provided a teleconference training on the diversion of offenders with mental illness to all Advocacy, Inc. attorneys (Dec. 2008, Texas) Provided a 4-hour training session on the topics of criminal competency, diversion of offenders, and the insanity defense at the 2008 Conference on Representing Mentally Impaired Clients co-sponsored by the Texas Court of Criminal Appeals and the Texas Criminal Defense Lawyers Association (October 2008, Houston, Texas) Addressed the 2008 Criminal Law Judicial Conference for the Texas Center for the Judiciary on the topic of mental impairments and the insanity defense (May 2008, Dallas, Texas) Addressed the Dallas Bar Association ADR Section on the topic of Negotiation in Mediation (February 2008, Dallas, Texas) Presented a 4-hour workshop on Texas Criminal Procedure and Offenders with Mental Illness at request of local courts (Dec. 2007, Addressed the 2007 State Juvenile Justice Association of Texas Annual Conference on the topic of the overlap of mental health issues in juvenile justice cases (October 2007, Addressed the 2007 Annual Judicial Conference for the Texas Center for the Judiciary on the topic of criminal competency, diversion, and the insanity defense (September 2007, Galveston, Texas) Invited speaker at the International Academy of Law & Mental Health 30 th International Congress on the topic of Diversion of Offenders with Mental Illness (June 2007, Padua, Italy) Addressed a CLE conference on Texas Criminal Competency and Diversion Statutes (March 2007, Provided a 5-hour workshop on Mental Health Law to judges, attorneys, physicians, nurses, and other mental health workers at the Big Spring State Hospital (September 2006, Big Spring, Texas) Keynote Speaker, NAMI Lubbock Mental Health Awareness Month Legends Awards Dinner (May 2006, Addressed a CLE conference for Legal Services Attorneys and Public Interest Practitioners on the topic, Preparing & Representing Clients in Mediation (April 2006, Provided a 5.5-hour workshop as part of an arbitration training for arbitrators who adjudicate real property tax appraisal disputes (April 2006,

8 Curriculum Vitae of Brian D. Shannon - Page 8 Speaker at a CLE conference on Confidentiality in Mediation (March 2006, Moderated Panel at Administrative Law Journal Symposium (March 2006, Speaker at Texas Bar CLE program on the topic, Top Five Negotiation Tips (March 2006, Luncheon speaker at the Lubbock County Bar Association s Annual Pro Bono Awards Luncheon (February 2006, Addressed the 7 th Annual West Texas Fall Seminar on the topic of ADR issues (October 2005, Odessa) Delivered a Legislative Update on 2005 ADR legislation at a CLE workshop for the Lubbock Dispute Resolution Center (September 2005, Participated in two panel presentations at the NAMI (National Alliance for the Mentally Ill) national convention: one focusing on reforms of the Insanity Defense and the other regarding the pro bono book project undertaken in Texas by my colleague, Dan Benson, and me (June 2005, Austin) Provided a 4-hour workshop entitled Negotiation 101 for attorneys and mediators as part of the CLE workshop: ADR in the Hill Country (June 2005, Kerrville) Addressed the Dallas Bar ADR Section regarding the 2005 Legislative Session (May 2005, Dallas) Participated in a panel discussion at the Association of Attorney Mediators Fall Training Conference (November 2004, Austin) Provided a 4-hour workshop entitled Negotiation 101 for attorneys and mediators; sponsored by the Dispute Resolution Center (November 2004, Addressed NAMI-Texas state conference on reforms to the Texas insanity defense (Oct. 2004, San Antonio) Addressed Lubbock County Criminal Defense bar on criminal competency reform statutes (Sept. 2004, Delivered Keynote Luncheon lecture on Texas Mental Health Laws at a symposium in East Texas (Aug. 2004, Tyler, Texas) Delivered Lecture as part of a conference entitled, Criminal Procedures: Law Enforcement & the Mentally Ill, co-sponsored by the Texas Tech Institute of Forensic Sciences and the School of Law (May 2004, Nuts & Bolts of ADR Statutes ; invited talk at University of New Mexico Law School (April 2004, Albuquerque) ADR Statutes, Benefiting from the Experience of Others: A Wide Ranging Discussion with Prof. Brian Shannon Regarding the Uniform Mediation Act, the Texas ADR Act and Ways New Mexico Can Improve on Both ; invited talk to the New Mexico State Bar ADR Section (April 2004, Albuquerque)

9 Curriculum Vitae of Brian D. Shannon - Page 9 Keynote Address at Annual Meeting of the National Conference of Law Reviews: Giving Back Taking Time to Integrate Service into Your Legal Career (March 2004, San Antonio) Made a presentation regarding the revised criminal competency statute to the attorneys within the Lubbock County District Attorney s Office (Jan. 2004, Delivered an address on the revised criminal competency statute as part of a State Bar of Texas Telephone CLE conference (December 2003, Simulcast across Texas) Delivered an address on the revised criminal competency statute at the Capacity for Justice & State Bar Disability Issues Committee Conference relating to the new statute (November 2003, Delivered an address to the Association on Higher Education And Disability in Texas (AHEAD) annual conference: Pioneering Change: Tools for Trailblazing (November 2003, Delivered an address on the revised criminal competency statute at the Capacity for Justice & State Bar Disability Issues Committee Conference relating to the new statute (September 2003, Austin) Delivered an address on the revised criminal competency statute at the State Bar s Advanced Criminal Law Conference (July 2003, Dallas) Delivered an address at a State Bar CLE on Legal Issues Relating to Persons with Mental Retardation (May 2003, Austin) Delivered a luncheon speech on Legislative Issues to the Midland Business and Estate Council (May 2003, Midland) Delivered a presentation on Mental Health Issues at the 2003 Criminal Justice Conference for the Texas Center for the Judiciary (April 2003, Richardson) Delivered a presentation on Mental Health Law at a CLE conference on the Texas Fair Defense Act (Feb. 2003, Delivered a paper, Expanding the Current Texas Insanity Defense to Include a Volitional Standard: Going Back to the Future, as part of a conference on the insanity defense (Feb. 2003, Austin) Delivered a presentation on Mental Health Law to a CLE on Juvenile Justice Issues (Oct. 2002, Keynote Speaker at TTU Phi Kappa Phi Banquet (April 2002, Keynote Speaker at Law School Board of Barristers Banquet (April 2002, Delivered a Forensics Lecture at the Texas Tech Health Sciences Center (April 2002, Course Director, State Bar of Texas Mental Health Law Conference (March 2002, Austin) Provided testimony at first public hearing of State Task Force on Criminal Competency Issues (January 2002, Austin, Texas Senate Chambers) Lectured to a Texas Tech Human Sciences graduate class on mental health law issues (November 2001,

10 Curriculum Vitae of Brian D. Shannon - Page 10 Addressed the National Association of Administrative Law Judges Annual Meeting on the topic of Interpretive Rulemaking (on a panel with Professors from William & Mary, Pepperdine, & Baylor) (November 2001, Austin) Conducted a four-hour CLE seminar on Confidentiality in Mediation at the ADR in the Mountains Conference (June 2001, Ruidoso) Conducted two one-hour CLE talks entitled Legislative Update I & II at the ADR in the Mountains Conference (June 2001, Ruidoso) Conducted an all-day CLE seminar entitled, Nuts & Bolts of Arbitration at the ADR in the Mountains Conference (June 2001, Ruidoso) Spoke on the topic of the Uniform Mediation Act at the ADR Section Luncheon at the Texas State Bar Convention (June 2001, Austin) Spoke on the topic of Evaluations of Executive Directors at the Texas Council of Community MHMR Centers state conference (June 2001, San Antonio) Featured luncheon speaker on the topic of Diversion of Offenders with Mental Impairments at a NAMI New Mexico program (May 2001, Las Cruces) Conducted an all-day CLE seminar on Arbitration for the South Plains Dispute Resolution Center, the El Paso Dispute Resolution Center, & the El Paso Bar Association (May 2001, El Paso) Participated in a panel discussion at the Texas Tech Women s Studies conference (April 2001, Lectured on Forensic Psychiatry issues at the Texas Tech Health Sciences Center (April 2001, Spoke on a panel regarding criminal justice issues at the Mental Health Law Institute at South Texas Law School (March 2001, Houston) Addressed the Texas Association of Counties annual judicial training conference on the topic of Mental Health Law (March 2001, Lectured to a Texas Tech Human Sciences graduate class on the topic of mediation (February 2001, Addressed a Forensic Training Conference (attended by forensic psychiatrists & psychologists; January 2001, Austin) Spoke on the topic of Diversion of Offenders with Mental Illness at the November conference for Texas County Judges (November 2000, Worked with the four lead editors of the Administrative Law Journal to make presentations at the State Bar Advanced Administrative Law Seminar (October 2000, Austin) Organized a panel and spoke on the topic of Diversion of Offenders at the 2000 NAMI-Texas Convention (September 2000, Austin) Provided a 4-hour CLE program on confidentiality and ethics in mediation at the South Plains Dispute Resolution Center (September 2000,

11 Curriculum Vitae of Brian D. Shannon - Page 11 Addressed the ADR Section of the State Bar at the 2000 State Bar Convention on the topic of the draft Uniform Mediation Act (June 2000, San Antonio) Addressed the National Alliance for the Mentally Ill national convention on the topic of Developing a Guide to the Law (June 2000, San Diego) Addressed the Texas Council of Community MHMR Centers annual conference (May 2000, South Padre Island) Addressed a workshop of law enforcement officials on mental health law as part of their Mental Health Deputy training course (April 2000, Addressed the Texas Association of Counties annual judicial training conference on the topic of Mental Health Law (March 2000, Addressed the Lubbock County Young Lawyers Association on the topic of ADR Legislation (February 2000, PERSONAL INFORMATION Born: December 17, 1958 San Antonio, Texas Marital Status: Married to Jeannine Castello Shannon One daughter: Julia Corinne Shannon; born September 23, 1991 Member: State Bar of Texas (since 1982); American Law Institute; Texas Bar Foundation; ABA; Lubbock County Bar Association; U.S. District Court for the Northern District of Texas; U.S. Courts of Appeals for the Fifth Circuit, Ninth Circuit, and Armed Forces; United States Supreme Court; American Arbitration Association Panel of Commercial Arbitrators; St. John s United Methodist Church (past chair of Staff Parish Relations Committee) Military Experience: Served as a Captain, U.S. Air Force ( ) (Selected to the Air Force General Counsel s office through the Military Honors Program) Other: Trained as a mediator and arbitrator; Cases mediated or arbitrated have involved issues ranging from commercial to personal injury to crop insurance