JUDITH L. MAUTE
William J. Alley Professor of Law
President’s Associates Presidential Professor
University of Oklahoma Law Center
300 Timberdell Road
Norman, OK 73019-5081
(405) 325-4747 (o)
(405) 321-7008 (h)
(405) 325-0389 (fax)
E-Mail: jmaute@ou.edu
EDUCATION:
LL.M., Yale Law School, May 1982
J.D., cum laude, University of Pittsburgh School of Law, May 1978. Member, Law Review
A.B., Indiana University, Bloomington, Indiana, May 1971
Interdepartmental majors: sociology, study of religions. Dean's List
ACADEMIC EMPLOYMENT:
PERMANENT POSITIONS
University of Oklahoma College of Law
Full Professor with tenure, August 1988 - present
2000-2001, 1993-94 sabbaticals
Associate Professor, August 1985 - August 1988
Assistant Professor, August 1982 - August 1985
VISITING POSITIONS
Wake Forest University School of Law (Fall 2004)
University of Cincinnati College of Law (Spring 1998)
Willamette University, College of Law (Spring 1991)
The Ohio State University, College of Law (Fall 1990)
University of California, Hastings College of the Law (Academic year 1989-1990)
SUMMER APPOINTMENTS:
University of Utah College of Law
Salt Lake City, Utah 2003 (Legal Profession)
University of San Diego School of Law
San Diego, California 1990 (Gender-Based Discrimination)
University of Wisconsin Law School
Madison, Wisconsin 1988 (Professional Responsibilities)
University of Oklahoma & University of Oxford Department for External Studies, Summer Program at Oxford, England (1985, 1989, 1996, 2002) (Professional Responsibility)
COURSES TAUGHT:
Courses: Professional Responsibility (1982-present); Contracts I & II (1982-1996, 2003-); Gender-Based Discrimination (2001-present); Bankruptcy (1988-2000); Transactions in Goods (1990, 1997-1999); Construction Contracts (1997); Alternative Dispute Resolution (1991) Legal Methods (1982-83)
Seminars: Feminist Jurisprudence (1985 - present); Lawyering in the 21st Century (2002); Legal Profession (1985); Civil Rights & Civil Liberties (1984); Alternative Dispute Resolution (1986-87); Constitutional Litigation (1983)
HONORS:
William J. Alley Professor of Law (April 2005 - )
President’s Associates Presidential Professor (April 2004- )
University of Oklahoma Presidential International Travel Fellowship (Summer 2004)
Nominee, Presidential Professorship, University of Oklahoma (1997-98)
Nominee, University of Oklahoma Regents' Award for Service (1995-96)
Gentry & Wilma Lee Memorial Award (outstanding scholarship) (1995)
Minority Coalition Faculty Appreciation Award (1993)
Floyd and Irma Calvert Law Faculty Award (discretionary dean's award for extraordinary service, scholarship or teaching; since discontinued) (1983, 1985, 1986, 1987)
PUBLICATIONS:
Works in Progress
Emerging Issues in the English Legal Professions: Competition, Fusion and Regulatory Structure
(major research project; multiple articles and eventual book); Revolutionary Changes to the English
Legal Professions or Much Ado About Nothing? (first installment, for The Professional Lawyer)
Book Chapter: The Unearthed Facts of Peevyhouse v. Garland Coal & Mining Co.,Contracts
Stories: An In-Depth Look at Leading Contracts Cases (Douglas Baird, Editor, Foundation
Press)(in draft); related documentary film for use in law school classrooms
Twisted Tales of Falls from Grace: Lawyers Convicted of Bankruptcy Crimes (in draft)
Completed Works
Books
A Practitioner's Guide to the Oklahoma Rules of Professional Conduct (Butterworth Legal Publishers)(1989)
Articles
Reflections on “Public Service in a Time of Crisis,” 32 Fordham Urb. L.J. 291 (2005)
Delivery Systems Under Construction: Ongoing Works in Progress, 72 UMKC L. Rev. 377 (2003) (co-authored with Cheryl Lynn Wofford Hill)
Alice’s Adventures in Wonderland: Preliminary Reflections on the History of the Split English Legal Profession and the Fusion Debate, 71 Fordham L. Rev. 1357 (2003)
Lady Lawyers: Not an Oxymoron, and Bibliography of Writings Concerning Women in the Legal Profession (1982 - 2002) 38 Tulsa L. J. 159 (2002)
Changing Conceptions of Lawyers’ Pro Bono Responsibilities: From Chance Noblesse Oblige to Stated Expectations, 77 Tulane L. Rev. 91 (2002)
A Tribute to Professor Osborne M. Reynolds, Friends of Mac, 55 Okla. L. Rev. vii (2002)(co-authored with Alma Nickell Singleton.
“In Pursuit of Justice” in High Profile Criminal Matters, 70 Fordham L. Rev. 1745 (April 2002)
Prepaid Legal Insurance and Group Legal Services: 30 Years After the Storm, 70 Fordham L. Rev. 915 (2001)
Pro Bono Publico in Oklahoma: Time for Change, 53 Okla. L. Rev. 527 (2000)( lead article)
Selecting State Court Judges: The Ballot Box or The Back Room? 40 S.Tex. L. Rev. 1197 (2000) (lead article)
The Values of Legal Archaeology: “Justice, justice, shall you seek,” 2000 Utah L. Rev. 223 (2000)
Chapter 4: Sexual Misconduct, Multiple Client Conflicts and Issues in Negotiations, in Litigation Ethics: Course Materials for Continuing Legal Education (John Q. Barrett & Bruce A. Green, eds., ABA Section of Litigation (2000)
Moneymoneymoney: Ethical Dilemmas in the Construction Payment Process, 16 The Construction Lawyer 3 (1996)(co-authored with Gerald Kirksey)
Peevyhouse v. Garland Coal Co. Revisited: The Ballad of Willie and Lucille, 89 Nw. U. L. Rev. 1431 (1995), excerpted in:
Randy Barnett, Contracts: Theory and Doctrine (1995, Little, Brown);
Maccaulay, Kidwell, Whitford & Galanter, Contracts: Law in Action (1995, Michie);
Peter Linzer, A Contracts Anthology (2d ed. 1995, Anderson)
Foreward to the Symposium on the Restatement of Law Governing Lawyers, 46 Okla. L. Rev. 1-12 (1993)
Balanced Lives in a Stressful Profession: Seeking the Impossible Dream?, 21 Cap. U.L. Rev. 797-819 (1992)
Public Values and Private Justice: A Case for Mediator Accountability, 4 Geo. J. Legal Ethics 503-535 (1991) (lead article)
Mediator Accountability: Responding to Fairness Concerns, 1990 J. of Dispute Resolution 347-369
Sanctions: Are They Changing the Litigation Game Rules? Trial Mag., Oct. 1988 at 67
Sporting Theory of Justice: Taming Adversary Zeal with Logical Sanctions Doctrine, 20 Conn. L. Rev. 7-93 (1987) (lead article)
Scrutinizing Lawyer Advertising and Solicitation Rules Under Commercial Speech and Antitrust Doctrines, 13 Hastings Const. L.Q. 487-535 (1986)
Allocation of Decisionmaking Authority Under the Model Rules of Professional Conduct, 17 U.C. Davis L. Rev. 1049-1115 (1984) (lead article)
Book Review, The Actes and Monuments and The Southern Reporter, by John William Corrington, 37 Okla. L. Rev. 635 (1984)
Student Works
Comment, Class Certification: Relevance of Plaintiff's Finances and Fee Arrangements with Counsel, 40 U. Pitt. L. Rev. 70 (1978)
Note, Student Workers or Working Students? A Fatal Question for Collective Bargaining of Hospital House Staff, 38 U. Pitt. L. Rev. 762 (1977)
Continuing Legal Education Materials
Exploring Ethical Quandaries in Pro Bono Law Practice, ABA 31st National Conference on Professional Responsibility (American Bar Association Center for Professional Responsibility, June 4, 2005)
Lady Lawyers: Not an Oxymoron, and Bibliography of Writings Concerning Women in the Legal Profession (1982 - 2001)(Oklahoma Bar Ass’n, Women in Law Continuing Legal Education program, Sept. 24, 2001)
Ethical Issues in Representing the Debtor and Employment of Counsel and Conflicts of Interest, published in proceedings of the Stetson University College of Law, Seventeenth Annual Bankruptcy Seminar (1992)
Employment of Counsel and Conflicts of Interest in Bankruptcy Cases, published in 1993 Commercial Law Update (University of Oklahoma Dept. of Continuing Legal Education)
PROFESSIONAL SERVICE ACTIVITIES:
National Committee Work
American Bar Association Site Evaluator (1994 - present); Association of American Law Schools Site Evaluator, Summarian (2000 - present)
National Conference of Bar Examiners, Multi-State Professional Responsibility Drafting Committee (1991-1998)
Member, National Advisory Committee, "Professional Responsibility in Practice: A Set of Videotapes to Aid in the Teaching of Legal Ethics," produced by Loyola Law School, Los Angeles, Cal., with financial support of the W.M. Keck Foundation (1993)
AALS Section on Professional Responsibility, Chair (1992); Executive Committee (1987, 1991-93); subcommittee on audiovisual materials (1989-1991)
AALS Section on Women in Legal Education, Chair (1997); Chair-elect (1996); Treasurer (1995); Executive Committee (1991-present); chair, Sexual Harassment Committee (1989-92), co-chair, Comments for AALS Special Committee to Review Membership Requirements (produced Statement of Good Practices); Committee on Tenure (1989)
State of Oklahoma
Presentation to Oklahoma Legislative Joint Task Force on Judicial Selection (November 1 2, 1999)
Oklahoma Bar Association
Rules of Professional Conduct Committee (1993 - present) (Researched and presented reports on numerous issues, including confidentiality exceptions, pro bono obligations, ancillary business activities, candor to tribunal, fairness to third persons, sexual relations with clients); Ethics 2000 Subcommittee (reviewing comprehensive revisions to ABA Rules of Professional Conduct for local adoption); Minority Report on recommendation not to amend Rule 6.1
Access to Justice Committee, Civil Subcommittee (2003 - present)
Task Force on Professionalism (1999 - 2002)
Standing Committee on Women in Law (1998 - present)
Oklahoma Bar Association (continued)
Committee on Legal Ethics and Unauthorized Practice of Law (1989 - 1992)
Committee on the Unauthorized Practice of Law (1987-89)
Reporter, Model Rules Study Committee (1984-1989)
Law School Service
Founder and Director, OU College of Law, Law Student Pro Bono Referral Program (launched March 2, 2004)(matching students with large range of volunteer legal jobs, providing 1700 hours of service)
Committee Work
Committee A (Executive Committee 2005-2007); Curriculum and Scheduling (2003- , 1985-86)(externship standards subcommittee); Personnel (1983-84, 1988-89, 2001-2003; Chair 2002-2003); Building Committee (1995-2000); Scholarship Committee (1996-97); Continuing Legal Education Committee (1996- 97, 1999- ); AALS Representative or Alternate (various years); Dean's Search Committee (1992-93); Council of Academic Responsibility (1994-95); Committee on Evaluations (1994-95); Enrichment (1982-89, chair 1985-87, 1998-2000); Law Day (1991-92); Oklahoma Law Review (1984-87); American Indian Law Review (1984-86); Academic Appeals Board (alternate 1986-87, 1992-93, 1995-96)
Moot Court Coach
Frederick Douglass Moot Court Team (national champion 1987, 1985, second place national 1986); Jessup International Moot Court Team (1983-84, regional best brief)
Faculty Sponsor
Phi Delta Phi (2003 - ); American Civil Liberties Union (1998-2000); Black Law Students Association (1984-86); Organization for Advancement of Women in Law (1985-86, 1987-88)
PRESENTATIONS
National Presentations
Moderator, “Exploring Ethical Quandaries in Pro Bono Law Practice,” ABA Center for Professional Responsibility, 25th National Conference on Professional Responsibility (Chicago, IL, June 4, 2005)
Oral Testimony to ABA Joint Commission to Evaluate the Model Code of Judicial Conduct (June 4, 2004, Naples, FL); written testimony on behalf of Oklahoma Bar Association Access to Justice Committee (July 1, 2004)
“Passion and Synergy Between Teaching, Service and Scholarship,” Southern Illinois University College of Law, Inaugural Dean’s Colloquium (April 2, 2004, Carbondale, IL)
Legal Profession Colloquium, “What does it mean to practice law ‘in the interests of justice’ in the Twenty-First Century?” (Nov. 8-9, 2001, Louis Stein Center for Law and Ethics, Fordham University School of Law, New York City, NY)
History of Legal Ethics Symposium, University of Chicago Law School, “Changing Conceptions of Pro Bono Obligations” (Feb. 8, 2001, Chicago, IL)
Oral and written testimony to ABA Ethics 2000, “Rule 6.1 Voluntary Pro Bono Publico Service” (June 1, 2000, New Orleans, LA)
Symposium on Judicial Ethics, South Texas College of Law, “Selecting Justice in State Courts: The Ballot Box or the Back Room?” (Oct. 14, 1999, Houston, TX)
Famous Cases Legal History Symposium, University of Utah College of Law , “The Values of Legal Archaeology: Justice, Justice, Shall You Seek” (Sept. 24, 1999, Salt Lake City, UT)
Panelist, “Ethical Issues in the Use of Alternative Dispute Resolution” ABA Center for Professional Responsibility, 25th National Conference on Professional Responsibility (June 4, 1999, LaJolla, CA)
Panelist, William & Mary Conference on Professional Responsibility Teaching, supported by W.M. Keck Foundation (March 21-22, 1997, Williamsburg, VA)
Lecturer, New York Law School, Faculty Colloquim and Advanced Contracts Course: Integrating Theory and Practice with Peevyhouse v. Garland Coal Co. (March 5-6, 1997, New York, NY)
Chair and Moderator, "Ethical Issues Involving Payment and Dispute Certifications," American Bar Association Construction Law Forum, (January 24-25, 1996, San Francisco, CA)
Moderator, "Law and Feminism," National Women's Studies Association Annual Meeting (June 24, 1995, Norman, OK)
Lecturer, "Introduction to American Legal Profession: Private Practice, Ethics, Malpractice & Bar Associations," Commercial Law Program for Lawyers from Kazakstan, Kyrgyzstan & Azerbaijan, sponsored by University of Oklahoma and U.S./AID (June 1995, September 1995, Norman, OK)
Lecturer, "Dispute Resolution of Gender-Related Workplace Conflicts," Association of American Medical Colleges, Professional Development Seminar for Junior Women in Medicine (December 11-13, 1994, Santa Fe, NM)
Lecturer, "Negotiating Workplace Conflicts," West Virginia University, Women in Academic Medicine and Law, Professional Development Conference (June 13, 1994, Morgantown, WV)
Panelist, "Client Control and Autonomy," small group leader, AALS Workshop on Professional Responsibility, From Kaye, Scholer to Legal Service Office: Adversarial Zealousness, Client Control and Social Obligation. (Oct. 14-16, 1993, Washington, D.C.)
Lecturer, "Unveiling Peevyhouse v. Garland Coal Co.," University of Wisconsin Law School (Oct. 22, 1993, Madison, WI)
Moderator, Symposium on the Restatement of the Law Governing Lawyers, published in 46 Okla. L. Rev. 1 et seq. (1993) (January 7, 1993, San Francisco, CA)
Panelist, "Ethical Issues in Representing the Debtor" and "Employment of Counsel and Conflicts of Interest," Stetson University College of Law, Seventeenth Annual Bankruptcy Seminar (Dec. 4-5, 1992, Clearwater Beach, FL)
Panelist, "Balanced Lives in a Stressful Profession," Legal Ethics Symposium, Capital University Law & Graduate Center, April 29, 1992, Columbus, OH)
Panelist, "Professional Responsibility Issues Arising in Bankruptcy," AALS Bankruptcy Workshop ( Oct. 19, 1992, Washington, D.C.)
Panelist, "Stress, Burn-out and Substance Abuse in Law School and Practice,"AALS Section on Professional Responsibility, 1992 Annual Meeting (San Francisco, CA)
Panelist, National Institute on Trial Advocacy, (July 1990, San Diego, CA)
AALS Mini-workshop discussion group leader "Teaching the Law and Ethics of Lawyering Throughout the Law Curriculum," Contracts and Commercial Law (January 1990, San Francisco, CA)
AALS Summer Workshop on Teaching Contracts, small group leader (June 1989, Ithaca, NY)
Oklahoma Presentations
Panelist, “Judicial Selection and Retention – State and Federal Courts,” Oklahoma Bar Association Women and Law Conference (Oklahoma City, September 29, 2005)
“Lawyers’ Pro Bono Responsibilities,” Oklahoma City Bar Association, Young Lawyers’ Division (Oklahoma City, February 5, 2004)
Panelist, “Work/Life Balance in the Legal Profession,”Oklahoma County Bar Association Bench and Bar Conference (Lake Texoma, April 5, 2003)
“Lawyers’ Pro Bono Responsibilities,” Cleveland County Bar Association (January 8, 2003)
Panelist, “Lawyers and The Media: Ethical and Other Asserted Constraints on the Relationship,” William J. Holloway, Jr. American Inn of Court (Oklahoma City, March 27, 2002)
“Lady Lawyers: Not an Oxymoron” (Oklahoma Bar Ass’n, Women in Law Continuing Legal Education program, Sept. 24, 2001, University of Oklahoma Sociology class, April 12, 2002)
Panelist, University of Oklahoma Provost’s Advisory Committee on Women’s Issues, Are There Signs of Warming in the Chilly Climate? “Hidden Dangers of Icebergs” (Oct. 3, 2000, Norman, OK)
Lecturer, 1993 Commercial Law Update, CLE Program co-sponsored by University of Oklahoma College of Law and Oklahoma City University College of Law (Dec. 3, 1993)
Lecturer, Law Related Education Program, Oklahoma Bar Association (1992 - present)
Lecturer, Oklahoma City University CLE Program on Risk Management (September 11, 1987)
Lecturer, Oklahoma Bar Association CLE Program on Legal Ethics (Tulsa, Oklahoma City, March 24, 31, 1987) (videotape replays throughout state)
Lecturer, Legal Assistant Training Program (1986)
Lecturer, Legislative Day at the Capitol (February 1987)
PRE-ACADEMIC EMPLOYMENT HISTORY
PRIVATE PRACTICE:
TITUS MARCUS & SHAPIRA, ASSOCIATE
PITTSBURGH, PENNSYLVANIA
JULY 1979 - JUNE 1981
Diverse, general civil practice with primary emphasis on litigation in state and federal courts. Areas of litigation: business and trade matters; antitrust, construction disputes; civil rights; torts; immigration; family law and zoning. (Firm dissolved; references available on request)
BASKIN & SEARS, ASSOCIATE, LAW CLERK
PITTSBURGH, PENNSYLVANIA
MARCH 1977 - JULY 1979
Assigned to litigation division with significant responsibilities for research and preparation of trial and appellate briefs, memoranda of law. Areas of law: federal practice; products liability (asbestos); disqualification for conflicts of interest; commercial law; workers' compensation and employment discrimination. (Firm since dissolved; references available on request)
PUBLIC EMPLOYMENT:
PENNSYLVANIA HUMAN RELATIONS COMMISSION
HUMAN RELATIONS REPRESENTATIVE
PITTSBURGH REGIONAL OFFICE
NOVEMBER 1972 - SEPTEMBER 1975
Investigated complaints of alleged unlawful discrimination under Pennsylvania Human Relations Act. Engaged in conciliation process and provided remedial and technical assistance to industry as needed.
CIVIC SERVICE:
NAIC - Center for Oklahoma Alcohol & Drug Services Inc. (Board of Directors 2001 - 2004), Advisory Board (2004 - present)
Legal Aid Services of Oklahoma, Fund-Raising Committee (2001-2003)
My Friend's House, Norman, Oklahoma (Board of Directors 1993-96, President 1994 - 95)(tenure as President resolved ongoing financial, tax, personnel, transportation, business and fund-raising matters; turned five-digit deficit into five-digit surplus)
St. Stephen's Methodist Church, Norman, Oklahoma (Building Committee, legal counsel 1993-96); (social action committee 2000)
Regional Aids Interfaith Network (training, care team member 1993-95)
Women's Resource Center, Norman, Oklahoma (Board of Directors, 1984-86, Board Development Committee, Chair 1985-86)
Committee on Role and Status of Women, McFarlin Methodist Church (1984-87)
University and City Ministries, Community of Reconciliation, Pittsburgh, Pennsylvania (Consistory, personnel and search committees (1971-81)
American Civil Liberties Union, Pittsburgh Chapter, Board of Directors (1979-81), Pennsylvania Board of Directors (1980)
Pennsylvania Program for Female Offenders, Board of Directors (1980-81)
PROFESSIONAL MEMBERSHIPS:
Admitted to practice in Oklahoma, Pennsylvania (inactive)
Oklahoma Bar Association
Fellow, Oklahoma Bar Foundation
Kyrgystan State Bar Association (honorary member)
American Bar Association, Center for Professional Responsibility
American Association of Law Schools (Sections on Professional Responsibility, Creditor/Debtor Rights, and Women in Legal Education)