Constance F. Fain
Earl Carl Professor of Law

Joined Faculty 1976

Education:
LL.M. 1981 University of Pennsylvania, Philadelphia, Pennsylvania
J.D. 1974 Texas Southern University, Houston, Texas
B.S. 1970 Cheyney University of Pennsylvania, Cheyney, Pennsylvania

Phone: (713) 313-7393

Fax: (713) 313-1049

Email: Constance Fain

Biographical Information:
Earl Carl Professor of Law (2005-present)
Professor of Law (1988)
Associate Professor (1982)
Assistant Professor (1979)
Instructor (1976)
Director, Legal Skills Program (1978-1990)
Legal Education Advancement Program (LEAP); Thurgood Marshall School of Law Center for Legal Pedagogy; Houston, Texas
Professor - Critical Thinking and the Law (Summer, 1999, 2000, 2001& 2002)
Legal Education Advancement Program (LEAP); Houston, Texas
Professor - Professional Liability and Analysis (Summer, 1991, 1992 & 1998)
Fellow, Texas Bar Foundation (1995-2000)
Butterworth Legal Publishers; Salem, New Hampshire
Advisory Board Member (Two-year appointment starting June 1, 1994)
Glanville Publishers, Incorporated; Dobbs Ferry, New York
Consultant Reviewer of Law Books (1994-1997)
C.L.E.O. Program; Houston, Texas
Instructor - Legal Writing (Summer, 1977 & 1978)
Funchess, Charles, Long & Hannah Law Firm; Houston, Texas
Attorney - Specialty Appellate Practice and Civil Trial Practice (1975-1976)
United States Attorney's Office - Department of Justice; Houston, Texas
Law Clerk (1972-1974)
Preventive Law Center; Houston, Texas
Student Assistant - Housing Division (1971-1972)

Affiliations:
State Bar of Pennsylvania (Inactive Status)
State Bar of Texas
United States District Court for the Southern District of Texas
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Eleventh Circuit

Publications:

• Sexual Abuse and the Church, Thurgood Marshall Law Review, Volume 31, pp. 209-238 (2006) (Co-Author).
• Professional Liability-Revised Treatise Chapter, “Personal Injury: Actions, Defenses and Damages,” Lexis Nexis, Volume 24, pp. 1-200 (2006).
• Characteristics of the Heroic Lawyer, Widener Law Journal, Volume XIII, No. 1, pp. 61-99 (2003).
• Defamation of Church Member by Church or Church Official and First Amendment Defenses, 109 A.L.R. 5th, pp. 541-609, West Group (2003).
• Civil Liability of Hospital for Negligent Handling, Transportation, and Disposition of Corpse, 86 A.L.R. 5th, pp. 693-716, West Group (2001).
• A Methodology for Teaching Constitutional Law, Seattle University Law Review, Volume 21, No. 4, pp. 807-836 (1998).
• Architect and Engineer Liability, “Defense Law Journal,” Michie Law Publishers, Volume 46, No. 1, pp. 187-207 (1997) (Reprint).
• Book Review, “Understanding Enterprise Liability: Rethinking Tort Reform for the Twenty-First Century” by Virginia E. Nolan and Edmund Ursin, Law Books in Review, Glanville Publishers, Inc., Volume 23, No. 3, pp. 117-118 (1996).
• Attorney Misconduct Related to Alcoholism or Other Types of Chemical Dependency, Regustus, pp. 22-24 (1996).
• Ethics for Lawyers, Lawyers and Judges Publishing Company, pp. 1-469 (1996) [Legal Ethics and Malpractice book].
• Accountant Liability, “Defense Law Journal,” Michie Law Publishers, Volume 45, No. 1, pp. 111-161 (1996) (Reprint).
• Corporate Director and Officer Liability, University of Arkansas at Little Rock Law Journal, Volume 18, No. 3, pp. 417-439 (1996).
• Architect and Engineer Liability, Washburn Law Journal, Volume 35, No. 1, pp. 32-49 (1995).
• Bankers' and Financial Planners' Liability - American Jurisprudence, Banking and Finance Law Review, Carswell Thompson Professional Publishing, Volume 11, No. 1, pp. 77-93 (1995).
• Book Review, “Medical Malpractice” by Frank M. McClellan, Law Books in Review, Glanville Publishers, Inc., Volume 22, No. 1, pp. 31-33 (1995).
• Accountant Liability, Ohio Northern University Law Review, Volume 21, No. 2, pp. 355-402 (1995).
• An Overview of Real Estate Agent or Broker Liability, “Real Estate Law Journal,” Warren, Gorham & Lamont, Volume 23, No. 3, pp. 257-267 (1995).
• Clergy Sexual Misconduct: Counseling Liability, Regustus, Volume 6, No. 1, pp. 19-22 (1993).
• Malpractice of Mental Health Professionals, Regustus, Volume 5, No. 1, pp. 15-16 (1992).
• Clergy Malpractice: Liability for Negligent Counseling and Sexual Misconduct, Mississippi College Law Review, Volume 12, pp. 97-141 (1991-92).
• Professional Liability - Treatise Chapter, “Personal Injury: Actions, Defenses and Damages,” Matthew Bender and Company, Inc., Volume 5A, pp. 1-247 (November, 1991).
• Conjugal Violence: Legal and Psychosociological Remedies, Volume 32, pp. 500-505 (1981), reprinted in “Cases, Materials and Problems on Family Law” by Ira Ellman, Paul Kurtz and Katherine Bartlett, The Michie Company, pp. 121-122 (2nd ed. 1991).
• Assault and Battery - Treatise Chapter, “Personal Injury: Actions, Defenses and Damages,” Matthew Bender and Company, Inc., Volume 1A, pp. 1-206 (August, 1990).
• Wrongful Life: Legal and Medical Aspects, “Personal Injury Review,” Matthew Bender and Company, Inc., pp. 525-572 (1988) (Reprint).
• Wrongful Life: Legal and Medical Aspects, Kentucky Law Journal, Volume 75, No. 2, pp. 585-631 (1986-87).
• Conjugal Violence: Legal and Psychosociological Remedies, Syracuse Law Review, Volume 32, pp. 500-505 (1981), republished in Cases, Materials and Problems on Family Law by Ira Ellman, Paul Kurtz and Ann Stanton, The Michie Company, pp. 131-133 (1986).
• A Comprehensive Legal Communication Skills Program: The Thurgood Marshall Model, Southern Illinois University Law Journal, Volume 1982, pp. 1-40 (1982).
• Conjugal Violence: Legal and Psychosociological Remedies, Syracuse Law Review, Volume 32, No. 2, pp. 497-579 (1981).
• Pregnancy and Sex Discrimination, Texas Southern University Law Review, Volume 5, Nos. 1 & 2, pp. 54-95 (1978).