Elizabeth Gregory Thornburg
Dedman School of Law
Southern Methodist University
P. O. Box 750116
Dallas, Texas 75275
214-768-2613 (work)
214-768-3142 (fax)
ethornbu@mail.smu.edu
SSRN Author Page: http://ssrn.com/author=121753
Books & Chapters
Lawtalk (Yale U. Press) (work in progress) (with Galanter, Shapiro, and Clapp).
The Story of Lassiter: The Importance of Counsel in an Adversary System, in cIVIL pROCEDURE sTORIES (Kevin Clermont, ed.) (Foundation Press 2004).
Civil Procedure: Questions & Answers (LexisNexis 2d ed. 2007) (with Dorsaneo).
Privatisation and Power in Consumers' Access to Justice: International Perspectives (Rickett, Telfer, Stapleton & Skinnon eds.) (Cambridge University Press 2003).
Texas Civil Procedure: Trial & Appellate Practice (4th ed. 2001 & Supps.)(with Dorsaneo, Crump & Carlson).
Texas Pre-Trial Procedure: Pre-Trial Litigation (2007-2008)(with Dorsaneo, Crump & Carlson).
Jury Instructions: A Persistent Failure to Communicate, in Courts and Justice: A Reader (Waveland Press 1995) (G. Larry Mays and Peter R. Gregware, eds.).
Metaphors Matter, in Davis, Mathewson & Shropshire, Sports and the Law: A Modern Anthology (1999).
Interlocutory Review of Discovery Orders: An Idea Whose Time Has Come, in Texas Litigation Reader 107 (1992) (Alexandra W. Albright, ed.).
Chapters 1-4, 7 & 20, Dorsaneo & Johnson (eds.), Texas Civil Trial Guide(1989).
The Open Records Act, Texas Media Law Handbook (1984)(with Leatherbury) (a publication outlining laws affecting the activities of Texas journalists).
Articles
Judicial Hellholes, Lawsuit Climates, and Bad Social Science: Lessons from West Virginia, 110 W.V.L. REV. -- (2008) (forthcoming).
Just Say 'No Fishing': The Lure of Metaphor, 40 U. MICH. J. L. REFORM 1 (2006).
Designer Trials, 2006 J. DISPUTE RES. 181 (invited symposium contribution).
Contracting with Tortfeasors: Mandatory Arbitration Clauses and Personal Injury Claims, 67 Law & Contemp. Probs. 253 (2004) (invited symposium contribution).
Detailed Fact Pleading: The Lessons of Scottish Civil Procedure, 36 Int'l Lawyer 1185 (2002).
Book Review, Paths to Justice and Paths to Justice Scotland, 7 Edinburgh L. Rev. 123 (Jan. 2003).
Book Review, ADR and Commercial Disputes, 10 Int. J. L. & Info. Tech. 240 (2002).
The Tyranny of Fact Pleadings: Is Too Much Too Soon a Roadblock to Justice?, Issue 296 SCOLAG L.J. 105 (June 2002) (reprinted in the Journal of the Law Society of Scotland).
Fast, Cheap, and Out of Control: Lessons from the ICANN Dispute Resolution Process, 7 J. Small & Emerging Bus. 191 (2001) (symposium) (reprinted in 6 Comp. L. Rev. & Tech. J. 89 (2001))[reprinted in part in Julie Macfarlane, John Manwaring, Ellen Zweibel & Jonette Watson Hamilton, Dispute Resolution: Readings and Case Studies (2d ed. 2002)].
Going Private: Technology, Due Process, and Internet Dispute Resolution, 34 U.C. Davis L. Rev. 151 (2000)[reprinted in part in John Rothchild, Margaret Jane Radin & Gregory M. Silverman, Internet Commerce: The Emerging Legal Framework (2002)].
Giving the "Haves" a Little More: Considering the 1998 Discovery Proposals, 52 S.M.U.L. Rev. 229 (1999)[reprinted in part in Stephen N. Subrin, Martha L. Minow, Mark S. Brodin & Thomas O. Main, Civil Procedure: Doctrine, Practice & Context (2000)].
The Power and the Process: Instructions and the Civil Jury, 66 Fordham L. Rev. 1837 (1998).
Metaphors Matter: How Images of Battle, Sports, and Sex Shape the Adversary System, 10 Wis. Women's L.J. 225 (1995).
The Costs of the Corporate Attorney-Client Privilege, 27 Brief 14 (1994).
Sanctifying Secrecy: The Mythology of the Corporate Attorney-Client Privilege, 69 Notre Dame L. Rev. 157 (1993)[reprinted in part in Barbara Allen Babcock & Toni M. Massaro, Civil Procedure: Cases and Problems (1997)].Time Present, Time Past, Time Future: Understanding the Scope of Discovery in Texas Courts, 29 Houston L. Rev. 245 (1992)(with William V. Dorsaneo III).
Work Product Rejected: A Reply to Professor Allen, 78 Va. L. Rev. 957 (1992).Rethinking Work Product, 77 Va. L. Rev. 1515 (1991).
Jury Instructions: A Persistent Failure to Communicate, 74 Judicature 249 (February/March 1991)(with Walter W. Steele, Jr.)[condensed version of 67 N. Car. L. Rev. 77 (1988)].
Interlocutory Review of Discovery Orders: An Idea Whose Time Has Come, 44 Sw. L. J. 1045 (1990).
Jury Instructions: A Persistent Failure to Communicate, 67 N. Car. L. Rev. 77 (1988)(with Walter W. Steele, Jr.) (reprinted in Criminal Practice Law Review and Defense Law Review).
Litigating the Zero-Sum Game: The Effect of Institutional Reform Remedies on Absent Parties, 66 Oregon L. Rev. 843 (1987).
Attorney-Client Privilege: Issue-Related Waivers, 50 J. Air Law & Com. 1039 (1985).
Associate Dean for Academic Affairs, 1996-98
Oxford Program Faculty, 1991 and 1994; Director 1995-96 and 1999
Curriculum Committee, 1989-91; Chair 1995-96; Chair 2006-07
Executive Committee, 1990-92; 2004-2007
Appointments Committee, 1991-94; 2004-2007
Ad Hoc Legal Writing Committee, 1992-98
Faculty Advisor, Journal of Air Law & Commerce, 1992-96
Faculty Advisor, Computer Law Review & Technology Journal, 2000-2004
Faculty Supervisor, externships for U.S. District Judge Barbara Lynn;
National Transportation
Safety Board ALJs; and U.S. Bankruptcy Judges
Houser, Lynn and Hale
Faculty Research/Writing Mentor
SACS Self-Study Committee, 1997-2000
Provost's Academic Program Evaluation Committee, 2003-2007
Provost's Commission on Teaching & Learning, 1998-2003
Provost's Commission on Educational Programs, 1999-2007
Faculty Senate 2002-2005
Professor of Law, 1998 to present, Southern Methodist University (Assistant Professor 1989-1993; Associate Professor 1993-1998; Associate Dean for Academic Affairs 1996-98).
Visiting Professor (Copenhaver Chair), 2007-08, West Virginia University College of Law.
Visiting Professor, Fall 2003, College of William & Mary School of Law.
Director of Legal Research & Writing, Southern Methodist University School of Law, 1984-1989 (and Visiting Assistant Professor, 1988-89).
Commercial Litigation Associate, Locke, Purnell, Boren, Laney & Neely (now Locke Lord & Bissell), 1980-84.
Law Clerk to the Hon. Robert M. Hill, then U.S. District Judge for the Northern District of Texas, 1979-80.
Law Clerk, Law Office of James C. Barber, 1977-79 (civil rights and employment litigation).
Southern Methodist University School of Law - J.D. (cum laude) 1979
College of William and Mary, Bachelor of Arts in History (Highest
Honors), 1976
(including year as exchange scholar at University of Exeter
(England) 1974-75)
2007 University Citizen Award
1990-91 Dr. Don M. Smart Teaching Award
Civil Procedure, Conflict of Laws, Complex Litigation, Remedies, Texas Procedure, Advanced Procedure Seminar
American Law Institute
State Bar of Texas
American Bar Association
Federal Court Bars (Northern District of Texas, Western District of Texas,
Fifth Circuit)
Member, Texas Supreme Court Task Force on Civil Litigation Improvements,
2001
Member, Texas Supreme Court Task Force on Sanctions, 1991-93
Member, State Bar of Texas, Committee on Federal Judiciary Relations,
1991
Member, Executive Committee, Civil Procedure Section, AALS, 1996-98
Member, Complex Litigation Committee, Civil Procedure Section, AALS, 1992-93
Member, Executive Committee, Conflict of Laws Section, AALS, 2007 -
present
Presenter, Faculty Workshop, Cornell Law School, Continuity and Change on the Border of Law and Culture, 2007
Presenter, Faculty Colloquium, Northeastern University School of Law, Interactions of Law and Popular Culture: Lessons from Lawtalk, 2007
Panelist, ABA National Symposium on the American Jury System, 2006
Consultant, Sheriff Court Rules Council, Consultation on the Sheriff Court and Alternative Dispute Resolution, 2006
Invited Participant, Advisory Committee on the Federal Rules of Civil Procedure, Conference on Electronic Discovery, Fordham Law School, February 2004
Speaker, Law Society of Scotland, A Comparative View of Pre-Proof Procedure, 2004
Visiting Fellow, AHRB Centre for Studies in Intellectual Property and Technology Law, University of Edinburgh, ADR and Internet Disputes, 2003
Presenter, Faculty Research Seminar, Universities of Glasgow and Strathclyde, Privatization and the Internet, 2002
Speaker, Seventh Annual Lewis & Clark Law Forum, Deciding ICANN Domain Name Disputes: Questioning Delegation, Fairness, and Consent, 2001.
Speaker, The Eighth International Consumer Law Conference, Privatization and Power: Dispute Resolution for the Internet, 2001
Panelist, FTC Workshop on Dispute Resolution for On-Line Business to Consumer Contracts, 2001
Speaker, National Employment Lawyers Association, The New Federal Discovery Rules, 2001
Speaker, Southern Methodist University School of Law, The New Texas Discovery Rules, 1999
Speaker, Southern Methodist University School of Law, Practicing Law under the New Rules of Trial and Appellate Procedure, 1997
Co-Director, Southern Methodist University School of Law, Advanced Civil Trial Short Course, 1994-95
Speaker, State Bar of Texas, Advanced Appellate Practice Course, 1990-92
Speaker, State Bar of Texas, Discovery Institute, 1990-91
Speaker, Southern Methodist University School of Law, Advanced Civil Trial Short Course, 1989-96
Speaker, Litigation Super-Seminar, Dallas Bar Association, 1993
Volunteer, Dallas Legal Hospice, 2002 - present
Standing Rules Committee, North Texas Annual Conference of the United Methodist Church, 1992 - 2000 (Chair, 1996 - 2000)
Scholarship Chair, Pearce Area Band Club, 1999 -2001
Board of Advisors, Women’s Legal Advocacy Center, 1998 - 2001
Board of Directors, Oak Lawn Community Services, 1994-96
Writing tutor, Prestonwood Elementary School, 1992-93