Constance Fain
Earl Carl Professor of Law

2014 - 2015 Fall & Spring Torts I & II Syllabus
 
 
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Constance Fain

Phone: (713) 313-7393
Email: cfain@tmslaw.tsu.edu
Joined the faculty in 1979.

Additional Biographical Information

  • Professor of Law, Texas Southern University, Thurgood Marshall School of Law, Houston, TX (1988)
  • Associate Professor, Texas Southern University, Thurgood Marshall School of Law, Houston, TX (1982)
  • Assistant Professor, Texas Southern University, Thurgood Marshall School of Law, Houston, TX (1979)
  • Instructor, Texas Southern University, Thurgood Marshall School of Law, Houston, TX (1976)
  • Director, Legal Skills Program, Texas Southern University, Thurgood Marshall School of Law, Houston, TX (1978-1990)
  • Legal Education Advancement Program (LEAP), Thurgood Marshall School of Law, Center for Legal Pedagogy, Houston, TX
  • Professor, Critical Thinking and the Law (1999-2002)
  • Professor, Professional Liability and Analysis (1991, 1992, 1998)
  • Fellow, Texas Bar Foundation (1995-2000)
  • Advisory Board Member, Butterworth Legal Publishers (Two-year Appointment starting June 1, 1994), Salem, NH
  • Consultant Reviewer of Law Books, Glanville Publishers, Inc., Dobbs Ferry, NY (1994-1997)
  • Instructor-Legal Writing, CLEO Program, Houston, TX (1977-1978)
  • Attorney-Specialty Appellate Practice and Civil Trial Practice, Funchess, Charles, Long & Hannah Law Firm, Houston, TX (1975-1976)
  • Law Clerk, United States Attorney's Office-Department of Justice, Houston, TX (1972-1974)
  • Student Assistant,-Housing Division, Preventative Law Center, Houston, TX (1971-1972)

Publications -return to top-
  • Professional Conduct and the Law, Thomson Reuters, Westlaw, pp. 1-352 (2013).
  • Reprint, Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses, "Defense Law Journal," LexisNexis Group, Matthew Bender Co., Vol 61, No 3, pp. 69-112 (2012).
  • Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses, 44 AKRON L. REV. 221 (2011).
  • A Female Professor's Reflections on Thurgood Marshall School of Law: Past, Present and Future, 33 T. MARSHALL L. REV. 1 (2010).
  • A Conversation With Johnnie Cochran: From His Book "Journey To Justice," 33 T. MARSHALL L. REV. 1 (2007).
  • Sexual Abuse and the Church, 31 T. MARSHALL L. REV. 209 (2006) (co-author).
  • Personal Injury: Actions, Defenses and Damages, in Vol.24 PROFESSIONAL LIABILITY 1-200 (LexisNexis 2006).
  • Characteristics of the Heroic Lawyer and Avoidance of Unprofessional Conduct, 13 WIDENER L.J. 61 (2003).
  • Annotation, Defamation of Church Member by Church of Church Official and First Amendment Defenses, 109 A.L.R. 5th 541 (2003).
  • Civil Liability of Hospital for Negligent Handling, Transportation, and Disposition of Corpse, 86 A.L.R. 5th 693 (2001).
  • A Methodology for Teaching Constitutional Law, 21 SEATTLE U. L. REV. 807 (1998).
  • Architect and Engineer Liability, "Defense Law Journal," Michie Law Publishers, Vol. 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., Vol. 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, Vol. 45, No. 1, pp. 111-161 (1996) (reprint).
  • Corporate Director and Office Liability, 18 UALR L. J. 417 (1996).
  • Architect and Engineer Liability, 35 WASHBURN L. J. 32 (1995).
  • Bankers' and Financial Planners' Liability-American Jurisprudence, BANKINGAND FINANCE L. REV., Carswell Thompson Professional Publishing, Vol. 11, No, 1, pp. 77-93 (1995).
  • Book Review, "Medical Malpractice" by Frank M. McClellan, Law Books in Review, Glanville Publishers, Inc., Vol. 22, No. 1, pp. 31-33 (1995).
  • Accountant Liability, 21 OHIO N.U. L. REV. 355 (1995).
  • An Overview of Real Estate Agent or Broker Liability, "Real Estate Law Journal," Warren, Gorham & Lamont, Vol. 23, No. 3, pp. 257-267 (1995).
  • Clergy Sexual Misconduct: Counseling Liability, Regustus, Vol. 6, No. 1, pp. 19-22 (1993).
  • Malpractice of Mental Health Professionals, Regustus, Vol. 5, No. 1, pp. 15-16 (1992).
  • Clergy Malpractice: Liability for Negligent Counseling and Sexual Misconduct, 12 MISS. C. L. REV. 97 (1991-92).
  • Professional Liability - Treatise Chapter, "Personal Injury: Actions, Defenses and Damages," Matthew Bender and Company, Inc., Vol. 5A, pp. 1-247 (November 1991).
  • Conjugal Violence: Legal and Psychosociological Remedies, Vol. 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., Vol. 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, 75 KY. L. J. 585 (1986-87).
  • Conjugal Violence: Legal and Psychosociological Remedies, SYRACUSE L. REV., Vol. 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, 7 S. ILL. U. L. J. 1 (1982).
  • Conjugal Violence: Legal and Psychosociological Remedies, 32 SYRACUSE L. REV. 497 (1981).
  • Pregnancy and Sex Discrimination, 5 TEX. S. U. L. REV. 54 (1978).

Affiliations -return to top-
  • 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

Selected Presentations and Speeches -return to top-
  • The Constitution and Religious Freedom: Sexual Offenders Coming to a Church Near You, "Presenter, 2014 Constitution Day, Texas Southern University, Houston, Texas (September 17, 2014)
  • “Sexual Abuse and the Church and Other Misconduct Resulting in Litigation Involving the Clergy,” Presenter, Wesley Chapel A.M.E. Church, Houston, Texas (July 12, 2014).
  • “A Methodology for Teaching Constitutional Law,” Presenter, Methodology, Learning and Technology in Higher Education. International Teaching and Learning Conference, Texas Southern University, Houston, Texas (June 17, 2014).
  • “Sexual Abuse and the Church and Other Misconduct Resulting in Litigation Involving the Clergy,” Presenter, 9th Annual Research Symposium, Prairie View A&M University “Making a Difference One Study at a Time,” Prairie View, Texas (April 10, 2014).
  • “Professional Conduct and the Law,” Presenter, Research Week 2014 TSU-Thurgood Marshall School of Law, “Research by the Book @ # TMSL,” Houston, Texas (April 3, 2014).
  • “Ethics, Law and the Theology of Forgiveness,” Co-Presenter, Council of Bishops A.M.E. Church, Houston, Texas (January 16, 2014).
  • "Professional Conduct and the Law," Presenter, William J. Clinton Presidential Center, The William H. Bowen School of Law, University of Arkansas at Little Rock, Arkansas (April 5, 2013).
  • "Sexual Abuse and the Church," Co-Presenter, Wesley Chapel A.M.E. Church, Clute, Texas (March 15, 2013).
  • "Racial Disparity in the Provision of Healthcare," Presenter, Research week 2012, TSU-Thurgood Marshall School of Law, Houston, Texas (April 4, 2012).
  • "Sexual Harassment: Man's Law," Co-Presenter, Union Betherl A.M.E. Church, Houston, Texas (January 22, 2012).
  • Religion and the Law CLE, "First Amendment Establishment Clause: Prayer in Jesus Name," Presenter, The Christian Legal Society, TSU-Thurgood Marshall School of Law, Houston, Texas (October 11, 2011).
  • Constitution Day CLE, "The First Amendment, Religion and Tort Liability," Presenter, TSU-Thurgood Marshall School of Law, Houston, Texas (September 16, 2011).
  • The National Association of Baptist Professors of Religion, "Sexual Abuse and the Church," Presenter, Gardner-Webb University, Boiling Springs, North Carolina (May 25, 2011).
  • "Managing Through Formative Assessment," Presenter, Research Week 2011, TSU-Thurgood Marshall School of Law, Houston, Texas (April 7, 2011).
  • "Faculty Observations: Sweatt v. Painter Historic Celebration," Presenter, TSU-Thurgood Marshall School of Law, Museum of Natural Science, Houston, Texas (September 30, 2010).
  • Center for Legal Pedagogy Teaching Forum, "How I Prepare Students to Answer Traditional Law School Essay Exams," Presenter, Bridging the Gap Between Law School and the Bar Examination, Houston, Texas (September 29, 2010).
  • Constitution Day Program, "The Constitutional Ramifications of Artificial Insemination Involving an Anonymous Sperm Donor: Who Is Your Daddy?," Panelist, Houston, Texas (September 17, 2010).
  • Third National People of Color Legal Scholarship Conference, "Death and Dying and End of Life Health Care: Race, Poverty, Gender, Disability and Elderly Discrimination," Panelist, Seton Hall University School of Law, Newark New Jersey (September 11, 2010).
  • National Bar Association 85th Annual Convention, Law and Religion CLE, "Legal Ramifications of Fundraising Within the Church for Construction of a Santuary or Other Religious Facility," Panelist, New Orleans, Louisiana (August 10, 2010).
  • Texas Conference Board of Examiners, "Sexual Harassment and sexual Abuse: Protective Measures for the Church and Parishioners," Presenter, Brown Chapel A.M.E. Church Ministerial Training Program, Houston, Texas (July 10, 2010).
  • National Bar Association Law and Religion Conference, "Minimizing Tort Liability for Church-Related Counseling Services: Prevention and Remedies," Panelist, Columbia, Maryland (April 30, 2010).
  • Center for Legal Pedagogy Faculty Teaching Forum, "Methods I Utilize to Reinforce Concepts and Do Assessment in My Torts and Constitutional Law Classes," Presenter, Houston, Texas (November 9, 2009).
  • Barack Obama Politics, Law and Policy Symposium CLE, "Ethics for Attorneys in Government and Private Practice," Panelist, Thurgood Marshall School of Law, Houston, Texas (October 30, 2009).
  • Constitution Day Program, "Due Process and Equla Protection," Panelist, Thurgood Marshall School of Law, Houston, Texas (September 17, 2009).
  • TMSL Faculty Retreat Focusing on Bar Exam Preparation, "Developing Competencies for Successful Teaching and Other Teaching-Related Strategies," Presenter, Houston, Texas (June 5, 2009).
  • “Clergy Malpractice And Other Significant Torts Arising Out of Pastoral Counseling, And First Amendment Defenses”, Presenter, National Bar Association 83rd Annual Convention, “What Every Church Counsel Should Know,” CLE Law and Religion Seminar, Houston, Texas (July 30, 2008).
  • “Recent Trends In Suits Against Churches And Church Leaders,” Presenter, National Bar Association 82nd Annual Convention, “The Role Of The Courts In Religious Disputes,” CLE Law and Religion Seminar, Atlanta, Georgia (August 1, 2007).
  • “Disciplinary Actions Related to Alcoholism, Other Addictions, Chemical Dependencies, Depression, and Sexual Misconduct,” Lecturer, Ethics CLE Program, Thurgood Marshall School of Law, Houston, Texas (May 25, 2007).
  • “Clergy Sexual Misconduct,” Presenter, Woods Edge Community Church, The Woodlands, Texas (April 25, 2007).
  • “Defamation Action by Parishioner Against the Church: Constitutional and Tort Defenses,” Presenter, MPC Legal Scholarship Conference, Washington University School of Law and St. Louis University School of Law, St. Louis, Missouri (April 14, 2007).
  • “Scholarship in the Field In Which You Teach—Tips and Discussion,” Discussant, Thurgood Marshall School of Law (April 4, 2007).
  • “Defamation of Church Member by Church Official and First Amendment Defenses,” Presenter, Balancing Research, Teaching and Service Research Week, 2007 Program at Thurgood Marshall School of Law, Houston, Texas (April 2, 2007).
  • “Avoidance of Unprofessional Conduct,” Lecturer, Immigration & Language Conference, Thurgood Marshall School of Law, Houston, Texas (January 9, 2007).
  • “Increasing the Federal Minimum Wage: Socio-Economic and Theological Perspectives,” Speaker, Annual Meeting, American Association of Law Schools, Washington, D.C. (January 3, 2007).
  • “Bridging the Gap: Law Practice Management,” Presenter, CLE Program, Thurgood Marshall School of Law, Houston, Texas (November 9, 2006).
  • “Sexual Abuse and the Church,” Lecturer, Thurgood Marshall Lecture Series, Thurgood Marshall School of Law, Houston, Texas (October 10, 2006).
  • “Federal Preemption of State Law and State Courts,” Lecturer, In Observance of Constitution Day, Thurgood Marshall School of Law, Houston, Texas (September 18, 2006).
  • “Legal Ethics,” Lecturer, In Observance of Constitution Day, Thurgood Marshall School of Law, Houston, Texas (September 18, 2006).
  • “Rejuvenation, Spirituality and Professional Transitions,” Respondent, Midwestern People of Color Legal Scholarship Conference, Tucson, Arizona (June 3, 2006).
  • “Coalition Building Among Communities of Color in a Post `Integra¬tion' World,” Panelist, Supreme Court Panel, Southeast/South¬west People of Color Legal Scholarship Conference, Santa Fe, New Mexico (April 9, 2006).
  • “Coalition Building Among Communities of Color in a Post `Integration' World,” Work in Progress, Presenter, Euthanasia: Ethics and the Law, Southeast/Southwest People of Color Legal Scholarship Conference, Santa Fe, New Mexico (April 8, 2006).
  • Ministerial Misconduct: Impact, Prevention and Church Policies, Work in Progress, Presenter, Southeast/Southwest People of Color Legal Scholarship Conference, Metairie, Louisiana (May 8, 2005).
  • American, Race, and Law at the Crossroads. Second National People of Color Legal Scholarship Conference, Call for Papers. Co-Presenter, “Clergy Misconduct: Law, Employment Procedures, and Church Policies.” George Washington University, Washington, D.C. (October 9, 2004).
  • 2004 American Association of Law Schools, “Characteristics of the Heroic Lawyer and the Avoidance of Unprofessional Conduct,” Poster Presentation, 2004 American Association of Law Schools Annual Meeting, Atlanta, Georgia (January 6, 2004).
  • Faculty Forum, “Clergy Sexual Misconduct,” Lecturer, Houston Graduate School of Theology, Houston, Texas (November 7, 2003).
  • African Methodist Episcopal Ministers Conference, “Clergy Sexual Misconduct,” Lecturer, Payne Cathedral of Faith AME, Houston, Texas (September 21, 2002).
  • Inaugural Day Symposium, “Bush v. Gore: The Case That Made the Inauguration of the President,” Panelist, Thurgood Marshall School of Law, Houston, Texas (January 23, 2001).
  • Research Day, “Negligent Handling of a Corpse by Hospital,” Lecturer, Thurgood Marshall School of Law, Houston, Texas (April 26, 2000).
  • Faculty Lunch Forum, “Publish, Don't Perish! - Faculty Scholarship: Some Basics About Getting Started,” Lecturer, Thurgood Marshall School of Law, Houston, Texas (October 24, 2000).
  • “Legal Ethics,” CLE Lecturer, L&J Accident Reconstruction and Litigation Seminar, Lawyers and Judges Publishing Co., Scottsdale, Arizona (October 22-23, 1999).
  • “Legal Ethics and Malpractice,” CLE Lecturer, Verner, Liipfert, Bernhard, McPherson and Hand Law Firm, Houston, Texas (December 11, 1997).
  • “Legal Issues That Confront the Caring Professions,” Lecturer, University of Houston (Clear Lake), Houston, Texas (November 7, 1996).
  • Thurgood Marshall Law School Hooding Ceremony, “Reflections: Ethics, Competency and Perseverance,” Faculty Speaker, Houston, Texas (May 12, 1995).