thompson on real property, thomas edition, he is also the ... · chapter 4, "federal...
TRANSCRIPT
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David A. Thomas received B.A. and M.L.S. degrees from BYU in 1967 and 1977, and the J.D.
degree from Duke U. Law School in 1972. He holds the Rex E. Lee Endowed Chair and
Professorship of Law at the J. Reuben Clark School and is the longest continuously serving BYU
law school faculty member, having joined the law faculty in April, 1974. He has published over
40 books and several dozen articles on property law, civil procedure, legal education, and legal
history. He is the principal author and editor-in-chief Thompson on Real Property, Thomas
Edition, a 15-volume national property law treatise that has been cited as a leading authority in
hundreds of state and federal cases. He is also the author (with Backman) of A Practical
Guide to Disputes Between Adjoining LandownersBEasements, Utah Civil Procedure, Utah Civil Practice, and (with Backman) Utah Real Property Law. He received law
school professor of the year awards in 1998, 2000 and 2005.
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VITAE
OF
DAVID A. THOMAS
B.A., M.L.S., J.D.
I. Vital Statistics
NAME: David A. Thomas
BIRTH DATE: February 4, 1944
BIRTHPLACE: Los Angeles, California
CURRENT ADDRESS: 188 East 1864 South
Orem, Utah 84058
Tel.: (801) 225-1355 (res.)
(801) 422-3210 (bus.)
MARITAL STATUS: Married the former Paula Rasmussen of Orem, Utah, in 1967.
Children born in 1968, 1970, 1973, 1975, 1977, 1979, 1981
and 1985.
FAMILY Parents are Mr. and Mrs. Albert R. Thomas
BACKGROUND: of Orem, Utah. Family has lived in Orem since 1950.
II. Education
HIGH SCHOOL: Orem High School, Orem, Utah; graduated 1961.
COLLEGE: Brigham Young University: B.A., cum laude; political science major
and German minor; May 1967.
Graduated with high honors in Honors Program; four-year Honors
Scholarship; Dean's List, 1966-67; Phi Kappa Phi honorary
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fraternity; student body attorney-general; chairman of student body
committees; participant in intramural athletics.
LAW SCHOOL: Duke University School of Law, Durham, N.C., 1967-69, 1971-72.
J.D. degree awarded May 14, 1972. Legal education was
interrupted for military service.
Editorial Board, Duke Law Journal.
Duke Law School winner, American Trial Lawyers Environmental
Essay Contest, 1972 (cash prize).
Foreign language (German) legal research and writing under
Professor Kasimierz Gryzbowski for Law and Contemporary
Problems.
Senior class member of faculty curriculum committee (considered
issues of grading, clinical education and non-graded course
offerings, as well as routine curriculum matters).
Hardt Cup Moot Court Competition; scholarship recipient;
intramural athletics.
OTHER: Awarded Master of Library Science degree, April 1977, Brigham
Young University.
III. Employment and Professional History
Professor of Law, Brigham Young University J. Reuben Clark Law School. (Appointed
assistant professor, April, 1974; appointed associate professor, September, 1976; appointed
professor, September, 1979; appointed Rex E. Lee Endowed Chair and Professor of Law,
September, 2005). Courses taught at the law school: civil procedure, federal courts, property,
real estate finance, legal research, legal writing, advanced legal writing, Anglo-American legal
history, legal history. Order of the Coif. Director of the Law School Library, 1974-1990.
University Teaching Excellence Award, 1998 (Law School Teacher of the Year as voted by
graduating law students); law school Professor of the Year (1st-year faculty), 2000, 2005, 2010.
Private law practice with the firm of Christensen, Gardiner, Jensen & Evans, Salt Lake City,
Utah, 1973-74. Part-time law practice and consulting, expert witness assignments,
1974Bpresent.
Law clerk to U.S. Senior District Judge A. Sherman Christensen, Salt Lake City, 1972-73. This
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clerkship included work with the U.S. District Court for the District of Utah, a term with the
Tenth Circuit U.S. Court of Appeals, several cases before the Temporary Emergency Court of
Appeals, and various projects for the U.S. Judicial Conference's Committee on Court
Administration and a subcommittee for Revision of the Federal Rules of Civil Procedure.
Employed at BYU to assist in first phases of obtaining and cataloging law library books,
May-June 1972.
Law clerk, Milbank, Tweed, Hadley & McCloy, New York, New York, Summer 1971.
Library assistant, Duke Law School Library, 1968-69, 1971-72.
Research assistant, Professor Frank T. Read, Duke Law School, 1968.
German instructor, BYU Language Training Mission, 1966-68; private language tutor, 1967-68.
Sheet metal work, farm labor and service station work during high school and college.
IV. Publications
A. Books (law-related)
Utah Civil Procedure (Provo, Utah: 1980) [4 Volumes]; 350-page supplement issued in 1984;
250-page supplement issued in 1985; 400-page supplement issued in 1986.
Utah Civil Practice (The Michie Co., 1992, and 1993, 1994 and 1995 supplements).
Editor-in-Chief and principal author of complete revision of Thompson on Real Property,
Thomas Edition (Michie Co. (now LexisNexis Publishing, 15 volumes, 1994; supplements
1995--). Chapters contributed include: Chapter 1, "Property Concepts Among Primitive
Cultures"; Chapter 2, "Landholding in Ancient Britain"; Chapter 3, "Property Rights in
Anglo-Saxon England"; Chapter 4, "The Growth of the English Common Law of Real Property";
Chapter 5, "English Property Law After the Middle Ages"; Chapter 6, "Development of Property
Law in England's American Colonies"; Chapter 7, "Development of American Property Law
After Independence"; Chapter 8, "The Rise and Role of the Restatements of Property and the
Restatements of Trusts"; Chapter 9, "Uniform and Model Laws Related to Property"; Chapter 10,
ATheories of Private Property Formation@; Chapter 11, APossible Future Developments in
American Property Law@; Chapter 12, "Special Problems of Real Property Ownership"; Chapter
13, "The American Law of Personal Property"; Chapter 14, AThe Nature and Kinds of Property,@; Chapter 15, "The Emergence of Property Rights for Women"; Chapter 16, "Property Rights from
the Perspective of Critical Legal Studies"; Chapter 17, "Fee Simple Absolute"; Chapter 18, "Fee
Tail"; Chapter 19, "Life Estate"; Chapter 20, "Defeasible Fees"; Chapter 21, "Marital and
5
Homestead Interests"; Chapter 22, "Reversions"; Chapter 23, "Remainders"; Chapter 24,
"Possibilities of Reverter"; Chapter 25, "Rights of Entry"; Chapter 26, "Executory Interests";
Chapter 27, AThe Law of Trusts Related to Real Property@; Chapter 28, "Rules Against
Perpetuities"; Chapter 29, "Restraints on Alienation"; Chapter 51, "Private Property Rights in
Airspace"; Chapter 54, "Railroad Lands"; Chapter 55, "Public Lands"; Chapter 59, "Property
Issues in Space Law"; Chapter 63, AThe Concept of a Unified Servitude@; Chapter 67, "The
Property Law Aspects of Private Nuisance"; Chapter 68, "Trespass on Land"; Chapter 69,
"Rights of Lateral and Subjacent Support"; Chapter 70, "Waste"; Chapter 72, "Sources of
Government Police Power"; Chapter 73, APublic Nuisance@; Chapter 74, "An Overview of Land
Use Regulations"; Chapter 75, "The Impact of Environmental Regulation on Real Property";
Chapter 76, "Taxation of Real Property"; Chapter 80, AThe Power of Eminent Domain@; Chapter
84, "Impact of Bankruptcy Law on Real Property Interests"; Chapter 90, ALand Descriptions,
Boundaries and Surveys@; Chapter 91, "Title and Marketable Title"; Chapter 95, "Real Estate
Brokers"; Chapter 96, AVendors and Purchasers@; Chapter 103, "Federal and State Securities
Regulation of Real Estate Transactions"; Chapter 105, "Alternative Dispute Resolution in Real
Property Matters"; Chapter 106, summaries of the property laws of Austria, Brazil, Canada,
Chile, China, Denmark, Egypt, European Union, France, Germany, Great Britain, India, Japan,
Kenya, Korea, Mexico, Philippines, Russia, Switzerland; vol. 10 second edition (1998); vol. 9
second edition (1999); vol. 2 second edition (2000); vol. 3, second edition (2001); vol. 11,
second edition (2002); vol. 6, second edition (2003); vol. 4, second edition (2004); vol. 8, second
edition (2005); vol. 7, second edition (2006); vol. 12, second edition (2008); vol. 15, second
edition (2008); vol 1, second edition (2009).
A Practical Guide to Disputes Between Adjoining LandownersBEasements (Matthew Bender, 1989B) (2 volumes, co-author, with Backman). Co-author of Methods and Techniques of Corridor Preservation: A Guide for Utah Practice
(with Saito, 2 volumes), (Utah Department of Transportation, 1999).
Author (with Backman) of Thomas and Backman on Utah Real Property Law (LEXIS Law
Publishing, 1062 pp., 1999 and annual supplements).
Utah Civil Practice 2003 (LexisNexis Publishing, 2003).
Utah Civil Practice 2004 (LexisNexis Publishing, 2004).
Utah Civil Practice 2005 (LexisNexis Publishing, 2005).
Utah Real Property Law (with Backman) (LexisNexis Publishing, 2005).
Utah Civil Practice 2006 (LexisNexis Publishing, 2006)
Utah Civil Practice 2007 (LexisNexis Publishing, 2007)
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Utah Civil Practice 2008 (LexisNexis Publishing, 2008)
Utah Real Property Law (with Backman) (LexisNexis Publishing, 2008)
Utah Civil Practice 2009 (LexisNexis Publishing, 2009)
B. Books (related to library and information science)
Micrographics Systems for Law Librarians (Provo, Utah: 1980).
Supervising editor, Legal Research Manual for Law Students, 1984 (Awarded the American
Association of Law Libraries first prize as the best law library publication of 1984).
C. Chapters in Books (law-related)
Chapter 50 ("Tenancy in Common, Tenancy in Partnership and Tenancy in Coparcenary"),
Chapter 51 ("Joint Tenancy"), and Chapter 52 ("Tenancy By The Entirety") in Powell on Real
Property (New York: Matthew Bender & Co., 1986).
Chapter 35 ("Sources of Zoning Power") in Rohan on Zoning and Land Use Controls (New
York: Matthew Bender & Co., 1986).
Chapter 6 ("Real Property Rights of Natural Persons"), Chapter 7 ("Real Property Rights of
Unincorporated Groups"), and Chapter 8 ("Real Property Rights of Private Corporations") in
Powell on Real Property (New York: Matthew Bender & Co., 1987).
Chapter 28, ("Federal Tax Considerations Relating to Transfer and Ownership of Real
Property"); Chapter 29, ("Survey of State Transfer and Recording Taxes"); Chapter 30, ("Survey
of State Real Property Taxes"); and co-author of Chapter 43, ("Foreign Party Transactions") in K.
Holtzschue, Purchase and Sale of Real Property (New York: Matthew Bender & Co., 1987);
annual updates to Chs. 28-30, 42, and 43 (1988B2000).
Chapter 3 Appendix, "Estate, Inheritance and Gift Taxes in the States," in J. Murphy, Murphy's
Will Clauses (New York: Matthew Bender & Co., 1987).
Chapter 4E ("Federal Securities Regulation of Real Estate Transactions"), and Chapter 4F
("Broker-Dealer Licensing of Real Estate Syndications,") in Real Estate Financing (Matthew
Bender & Co., 1991).
Chapter 4 ("Concurrent Ownership"), Chapter 9 ("Lateral and Subjacent Support"), and Chapter
10 ("Waste, Nuisance, and Trespass") in 1 A. Gaudio (ed.), The American Law of Real Property
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(3 vols., Matthew Bender & Co., 1991).
Chapter 4, "Federal Securities Regulation," in Real Estate Syndications (Matthew Bender & Co.,
1992).
Author of Chapter 8A, ALandowner Disputes Arising Out of Public Nuisance,@ in 1 James H.
Backman and David A. Thomas, A Practical Guide to Disputes Between Adjoining Landowners
(New York: Matthew Bender, 2001).
Author of APreface,@ in LeGrand L. Baker, Murder of the Mormon Prophet: Political Prelude to
the Death of Joseph Smith xii-xvi (Salt Lake City, UT: Eborn Books, 2006)
D. Chapters in Books (related to library and information science)
Chapter 18, "Micrographics," in Manual of Procedures for Private Law Libraries (1984 ed.).
"The Role of Legal Bibliographies in Law Collection Development: An Overdue Debunking," 9
Legal Reference Services Quarterly 71-78 (1989), also published as a chapter in The Legal
Bibliography: Tradition, Transitions and Trends (The Haworth Press, 1989).
Chapter 7, ABrigham Young University Law Library,@ in Campus Strategies for Library and
Electronic Information (Bedford, Mass.: Digital Press, 1989) (EDUCOM Strategies Series on
Information and Technology).
E. Articles (law-related)
"State Statutes of Limitations in Federal Courts: By Whom Is the Rule Tolled?" 1971 Duke Law
Journal 78.
"Use of Easements in Preserving Utah Historical Sites," 2 Utah Bar Journal 31 (1976). The
legislation proposed in this article was eventually adopted by the Utah State Legislature and
appears now as Utah Code Annotated '' 63-18a-1 to -6.
Book Review, "Real Estate Syndicate Offerings Law and Practice," 4 Real Estate Law Journal
349 (1976).
Book Review, "The Judicial Record of Justice William O. Douglas," 1975 Brigham Young
University Law Review 324.
"The Erosion of Erie in the Federal Courts: Is State Law Losing Ground?" 1977 Brigham Young
University Law Review 1.
8
"Legal Issues in the Use and Abuse of Student Records," The Mid-western Archivist, Vol. III, No.
1, 1978.
Contributor, "1981 Legislation Affecting Real Property," 17 Real Property, Probate and Trust
Journal 115 (1982).
Contributor, "Recent Real Property Decisions" and "1983 Legislation Affecting Real Property,"
19 Real Property, Probate and Trust Journal 154-347, 399-463 (1984).
"The Disappearance of Roman Law from Dark Age Britain," 1984 Brigham Young University
Law Review 563-598 (Part I of the series "Origins of the Common Law").
Contributor to "1984 Legislation Affecting Real Property" and "Recent Real Property Decisions,"
20 Real Property, Probate and Trust Journal 111, 215 (1985).
"Anglo-Saxon Antecedents of the Common Law," 1985 Brigham Young University L. Rev.
453-503 (Part II in the series "Origins of the Common Law").
"Common Law Under the Early Normans," 1986 Brigham Young University L. Rev. 101-117
(Part III in the series "Origins of the Common Law").
Contributor to "Recent Real Property Decisions" and "1986 Legislation Affecting Real Property,"
22 Real Property, Probate & Trust Journal 81, 233 (1987).
Contributor to "1987 Legislation Affecting Real Property," 23 Real Property, Probate and Trust
Journal 127-170 (1988), and to "1987 Developments in Real Property Law," 23 Real Property,
Probate and Trust Journal 295-325 (1988).
Book Review, "Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day
Saints, 1830-1900," 13 The Legal Studies Forum 197-203 (1989) (a peer-reviewed law journal).
"Why Mandatory CLE is a Mistake," 6 Utah Bar Journal 14 (January, 1993).
AThe Illusory Restraints and Empty Promises of New Property Protection Laws,@ 28 The Urban
Lawyer 223 (Spring, 1996).
AInstructive Comparisons Between Jewish and Anglo-American Land Law,@ in Jewish Law
Association Studies VIII: The Jerusalem Conference Volume 205 (1996).
AAdverse Possession: Acquiring Title to Stolen Personal Property,@ 10 Probate & Property 12
(March/April 1996).
AAccessing U.S. Land Title Records Through the Internet,@ 4 E Law, Murdoch University
9
Electronic Journal of Law (June 1997).
AEstablishing Title to Stolen Artworks in the United States,@ III International Trade & Business
Law Annual 253 (May 1997).
AAccessing U.S. Land Title Records Through the Internet,@ 8 Journal of Law and Information
Science 200 (1997) [1998].
ALong-Range Highway Corridor Preservation: Issues, Methods and Model Legislation,@ 13 The
BYU Journal of Public Law 1-47 (1998). The legislation proposed in this article was enacted as
Utah Code Ann. '' 72-5-401 to -406.
Annual contributions to "Significant Real Property Decisions" (1983-1993) and to "Significant
Real Property Legislation" (1988-1993), Real Property, Probate & Trust Journal.
Author of regular bi-monthly column titled "Keeping Current--Property Legislation," in Probate
& Property published by the Real Property, Probate & Trust Section of the American Bar
Association, 1993-1998.
Author of the regular quarterly section "Recent State Property Legislation," and contributing
author to case law summaries in American Bar Association Real Estate Quarterly Report and to
the annual cumulation, 1993-1998.
Author of three part series AAnglo-American Land Law: Diverging Developments from a Shared
History@ in Real Property, Probate and Trust Journal: Part I: AThe Shared History,@ 143-203
(Spring 1999); Part II: AHow Anglo-American Land Law Diverged After American Colonization
and Independence@ (Summer 1999); Part III: British and American Property Law and PracticeBA
Contemporary Comparison@ (Fall 1999).
16 Sep. 2008. Part II listed on SSRN=s Top Ten download list for LSICL: Comparative Law (Topic).
5 Oct. 2008. Part II listed on SSRN=s Top Ten download list for LSICL: Comparative Law (Topic).
24 July 2009. Part III listed on SSRN=s Top Ten download list for LSN: History of Consumer Law (Topic).
Co-author of AUtah=s Legal Framework for Corridor Preservation Activities,@ Transportation
Research Record 1706, Journal of the Transportation Research Board 29-37 (Paper No.
00-0406, 2000).
Author of AAmerican Legal Education: Moving from the Classroom Without Pager to
Instruction Without the Classroom,@ published in May, 2000, as conference proceedings of the
15th
Annual Conference of the British & Irish Legal Education Technology Association,
10
http://www.bileta.ac.uk/2000papers/. Author of AAmerican Legal Education: Moving from the
Classroom Without Paper to Instruction Without the Classroom@ [revised and expanded],
Journal of Information Law & Technology (February 2001).
Author of ACurrent Issues in U.S. State and Federal Taxation of Electronic Commerce,@ Proceedings, 16
th Annual Conference, British & Irish Legal Education Technology Association,
http://www.bileta.ac.uk/0lpapers/thomas.
Author of AFixing Up Fair Housing Laws: Are We Ready for Reform?@ 53 South Carolina Law
Review 7-61 (Fall 2001).
Author of AThe Law School Rankings Are Harmful Deceptions: A Response to Those Who
Praise the Rankings, and Suggestions for a Better Approach to Evaluating Law Schools,@ 40
Houston L. Rev. 419 (Summer 2003).
Author of APredicting Law School Academic Performance from LSAT Scores and Undergraduate
Grade Point Averages: A Comprehensive Study,@ 35 Arizona State L. Rev. 1007 (Fall 2003).
Author of ARestatements Relating to Property: Why Lawyers Don=t Really Care,@ 38 Real
Property, Probate and Trust J. 655 (Winter 2004).
Author of AFinding More Pieces for the Takings Puzzle: How Correcting History Can Clarify
Doctrine,@ 75 U. Colo. L. Rev. 497-547 (Spring 2004).
Author of AHow Educators Can More Effectively Understand and Combat the Plagiarism
Epidemic,@ 2004 B.Y.U. Educ. and L. J. 421.
Author of AWhy the Public Plundering of Private Property Rights Is Still a Very Bad Idea,@ 40
Real Property, Probate and Trust J. 25-71 (Spring 2006).
Author of ABook Review: When Bad Things Happen to Good Property by Robert A. Simons,@ 41
Real Property, Probate and Trust J. 663-669 (Fall 2006).
Author of, AIs the Right to Private Property a Fundamental or an Economic Right?@ ALI-ABA Course of Study on Eminent Domain and Land Value Litigation, SM006 ALI-ABA 33-72 (January 4-6, 2007). Author of, APlundering Property is a Very Bad Idea: Misuse of History in Takings,@ ALI-ABA Course of Study on Inverse Condemnation and Related Government Liability, SM040 ALI-ABA 529-585 (April 12-14, 2007). Author of AHow Far Does the Covenant Run? Covenants That Run With the Land in Oil and
Gas Transactions,@ in 53 Rocky Mt. Min. L. Inst. 19-1 to 19-37 (2007).
11
Author of ATips for Successfully Regulating Sexually Oriented Businesses,@ 22 Probate &
Property 43 (January/February 2008).
25 Aug. 2008: Listed on SSRN's Top Ten download list for BPA: Public Policy (Topic), FSNP: Local Politics & Policy (Topic), LPP: Statutory Creation (Topic), LSL: Legislative & Political Process (Topic), SL: Constitutional Claims (Topic) and SL: Criminal Law (Topic).
6 Sep. 2008: Listed on SSRN's Top Ten download list for CL: Criminal Offenses & Defenses (Topic). 7 Sep. 2008: Listed on SSRN's Top Ten download list for Law & Society: Legislation.
Author of AA Law Upon Which All Blessings Are Predicated,@ Clark Memorandum pp. 2-9
(Fall 2008).
Author of, AWhither the Public Forum Doctrine: Has This Creature of the Courts Outlived Its Usefulness?@ 44 Real Property, Trust and Estate L.J. 637-744 (Winter 2010).
F. Articles (related to library and information science)
"Administrative Assistants: Key Roles for a Non-Lawyer Non-Librarian in a Law Library," 70
Law Library Journal 309 (1977).
"Legal Issues in the Use and Abuse of Student Records," The Mid-western Archivist, Vol. III, No.
1, 1978.
"1979 Statistical Survey of Law School Libraries and Librarians," 73 Law Library Journal 451
(1980).
"1980 Statistical Survey of Law School Libraries and Librarians" 74 Law Library Journal 359
(1981).
"1981 Statistical Survey of Law School Libraries and Librarians," 75 Law Library Journal
540-546 (1982).
"1981-82 and 1982-83 Summaries of Law School Library Statistics and Observations on
Applications of Library Statistics," 76 Law Library Journal 632-683 (1983).
"Peaceful Partnerships: Suggestions for Law School Libraries Sharing Local Computer Systems,"
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77 Law Library Journal 26 (1984-85).
Editorial, "Controversial Issues: Caution Advised," 16 AALL Newsletter, 81, 88 (November,
1984). Cited in Torres, "The Social Responsibility Movement Among Law Librarians: The
Debate Revisited," 78 Law Library Journal 405, 422 (1986).
"The American Law School and Its Library: A Unique Relationship," 16 Law Librarian 77
(August, 1985), the official journal of the British and Irish Association of Law Librarians (this
article was cited as a substantive source in Zachert, "Qualitative Evaluation of Law School
Library Services," 81 Law Library Journal 269, 271 (1989)).
"1983-84 Statistical Survey of Law School Libraries and Librarians," 77 Law Library Journal
575-6l0 (1985).
Editorial, AALL Newsletter, September, 1985, pp. 8-9.
"The Paperless Law Library in the United States," 17 Law Librarian 13-17 (April 1986).
Bibliography of recent British legal publications, 18 AALL Newsletter No. 3, pp. 75-76 (Oct.
1986).
"1985-86 Statistical Survey of Law School Libraries and Librarians," 79 Law Library Journal
547-596 (1987).
"Training American Law Students in Computer-Assisted Legal Research," 19 Law Librarian 59
(1988).
"The Role of Legal Bibliographies in Law Collection Development: An Overdue Debunking," 9
Legal Reference Services Quarterly 71-78 (1989), also published as a chapter in The Legal
Bibliography: Tradition, Transitions and Trends (The Haworth Press, 1989).
Author of "Introduction" and "A Bibliographic Overview of Early English Legal History," and
editor of seven accompanying articles on British legal profession and legal research, all in 81
Law Library Journal 637-731 (1989).
Author of "Introduction to Symposium on Foreign Legal Databases," and editor of three
accompanying articles on European legal databases in 83 Law Library Journal 235-282 (1991).
Contributor to Frank G. Houdek (comp.), A>alt.lawlibrarian=: New Career Paths for Law
Librarians,@ 93 Law Library J. 375, 418 (2001).
G. Other
13
Faculty Editor, 1975 Brigham Young University Law Review.
Faculty editor, Summary of Utah Real Property Law, 2 vols. (1978).
Producer, author and narrator of "A Lasting Legacy," a 1-hour audiovisual program on the history
of the common law, 1982. The program has been shown to numerous lay and professional
audiences in America and Europe.
Quoted in "Lawscope," 71 ABA Journal 25 (April, 1985).
Quoted in Flores, "Volume Count: A Survey of Practice and Opinion from Academic Law
Libraries," 79 Law Library Journal 241, 250 (1987).
Quoted extensively in "From the Editor," 22 American Association of Law Libraries Newsletter
187 (December 1990).
Cover photos for Utah Bar Journal issues of Aug.-Sep., 1991; Jun.-Jul., 1992; Jan., 1993; Feb.,
1993; April, 1993; Aug.-Sep., 1993; Oct., 1993; Aug.-Sep., 1996; Oct. 1996; Jun.-Jul., 2003.
Cover photos for J. Reuben Clark Society annual directory, 1999-2000, 2001-2002, 2003-2004,
2004-2005, 2006-2007, 2009-2010.
Editor, Bryce C. Tingle, Start-up and Growth Companies in Canada: A Guide to Legal and
Business Practice (LexisNexis Butterworths 2005).
Quoted extensively in Heidi Toth, A@Yes in Deed?: A Deed More Than 100 Years Old Causes
Building Controversy,@ [Provo] Daily Herald May 22, 2006.
V. Presentations
"Legal Issues in the Use and Abuse of Student Records", a paper presented at the 41st Annual
Meetings of the Society of American Archivists, October 6, 1977.
"General Principles and Specific Problems of Law Library Planning," a paper presented at the
l0th Annual Meetings of the Western-Pacific Chapter, American Association of Law Libraries,
October 21, 1977.
Director and faculty member, American Association of Law Libraries Institute on Micrographics,
Malibu, California, June, 1979. Presented paper on micrographics systems in law libraries.
"Librarian Responsibilities in Delivering Legal Information," a paper given at annual meetings of
the Utah Library Association, March 6, 1980.
14
"Motivating Middle Management in the Private Law Firm Library," St. Louis, Missouri, June 22,
1980.
"Property Update for Lawyers," Brigham Young University, July 29, 1980.
"Civil Procedure Update (Rules and Judicial Administration) for Lawyers," Brigham Young
University, July 30, 1980.
"Law Library Technology Update for Lawyers," Brigham Young University July 30, 1980.
"Micrographics for Law Librarians," Philadelphia, Pennsylvania, November 20-21, 1980.
"The Librarian's Role in Bringing Automation Into Law Library Operations," Charlottesville,
Virginia, June 25, 1981.
"Budget Management and Fiscal Control in a Law School Library," Cleveland, Ohio, June 10,
1982.
Planned, co-chaired and made presentation at BYU/West Pub. Co. "Forum on Computerized
Support of Law Schools and Law Libraries," BYU, May, 1983.
Seminar lecturer for law students and faculty, Washburn University Law School, Topeka,
Kansas, August, 1983.
Panelist, "New Microform Equivalency Standards"; Panelist, "Proposed Changes in ABA Library
Requirements"; Panelist, "Law Library Technology"; Presenter, "Computerization of Law School
Libraries," at annual meetings of American Association of Law Libraries, San Diego, California,
July, 1984.
Presentations on law school technology and legal history, Mid-Continent Association of Law
Schools, Taos, New Mexico, August, 1984.
Speaker, Law and Computers Section program: "Microcomputers and Faculty Support," annual
meeting of Association of American Law Schools, Washington, D. C., January 6, 1985.
"The Paperless Law Library," a paper delivered at the Annual Meeting of the British and Irish
Association of Law Librarians, Manchester, United Kingdom, September, 1985.
"Another View of Comparable Worth," a paper given at the annual meeting of the American
Association of Law Libraries, Washington, D.C., July, 1986.
"New Directions in Law Library Statistics," a paper given at the annual meeting of the American
15
Association of Law Libraries, Washington, D.C., July, 1986.
Director and faculty member, 1986 American Association of Law Libraries Institute on the
Anglo-American Legal Heritage, Oxford and London, United Kingdom, July, l986. Delivered a
paper entitled, "Anglo-American Legal History: A Perspective for Law Librarians." The
conference was favorably reviewed in "Reports of Conferences," The Law Librarian (Bulletin of
the British and Irish Association of Law Librarians), 106-107 (December 1986).
Two lectures on U. S. Constitution to faculty of LDS Institute at Utah Technical College at
Provo/Orem, February, 1987.
Two lectures on U. S. Constitution to Orem, Utah, Kiwanis Club members, August, 1987.
Faculty member, 1987 AALL Institute on Reference Services, Madison, Wisconsin, June, 1987;
presented paper on British legal materials.
"Qualitative Measurements for Law Libraries," a paper given at the annual meeting of the
American Association of Law Libraries, Chicago, July, 1987.
"Legal Reference Materials," a short course taught to members of the Special Libraries Section,
Utah Library Association, October, 1987.
"Costs and Implications of Technology for Law School Administration and Teaching," a paper
given at the Workshop for Law School Deans and Librarians, Association of American Law
Schools, Miami Beach, January, 1988.
"Impact of Technology on Law Teaching," a presentation given at the meetings of the
Mid-Continent Association of Law Schools, Park City, Utah, July, 1988.
Speaker and organizer for a panel discussion on "Development of and Access to Foreign Legal
Databases," presented at the annual meeting of the American Association of Law Libraries,
Reno, Nevada, June, 1989. Panelists were legal experts from Europe who discussed databases
of France, Germany, Switzerland, Austria, United Kingdom and the European Community.
"The Impact of Religious Influence on Brigham Young University Law School," a paper given at
the annual meeting of the American Association of Law Libraries, Minneapolis, Minn., June
15-21, 1990.
"Equitable Reformation of Common Law Doctrines in Modern American Land Law," a paper
given at the First International Conference on Equity, Hebrew University, Jerusalem, Israel, June
25-29, 1990 and published by Hebrew University in December, 1991.
"The Impact of Recent Federal Legislation and Regulation on Real Estate Law Practice," a
16
presentation given at the meetings of the Real Property, Probate & Trust Section of the American
Bar Association, Orlando, FL, Apr. 29-30, 1993.
"Instructive Comparisons Between Jewish and Anglo-American Property Law," a paper
presented at the meetings of the Jewish Law Association in Jerusalem, Israel, June, 1994.
Prepared and mounted a color photo exhibition and accompanying commentary and brochure on
early American history, in connection with the 1994 J. Reuben Clark Law School Bill of Rights
Symposium, October, 1994. The exhibit consisted of 24 11"x16" color photographs, taken by
Prof. Thomas.
AA Concise Legal History of Jerusalem,@ a paper presented at meetings of the Jewish Legal
Heritage Association in Jerusalem, Israel, June, 1996.
ASubordination of Women Under Law: Is the End in Sight?@ a presentation to a class sponsored
by the Womens= Research Institute, Brigham Young University, February, 1997.
Presentation on faculty publishing given at the Brigham Young University Faculty Center
Seminar for New Faculty, May, 1997.
AAccessing U.S. Land Title Records Through the Internet,@ a paper presented at the AUSTLII
Conference on Law and the Internet, Sydney, Australia, June 27, 1997.
AThe History of the Anglo-American Jury,@ a presentation to the Utah Supreme Court Committee
on Improving Jury Service, Salt Lake City, Utah, August 28, 1997.
Panelist, BYU Annual Symposium on Science Fiction and Fantasy, Provo, Utah, March 13,
1998.
AHow to Buy a Home,@ a presentation to BYU Law School Law Partners, January 26, 1999.
AJudicial Review,@ a lecture to BYU College Republicans, March 23, 1999.
ALifting the Professional Stature of Law Librarians,@ a speech given at the annual meeting of the
Western-Pacific Chapter, American Association of Law Libraries, Park City, Utah, October 8,
1999.
AAmerican Legal Education: Moving from the Classroom Without Pager to Instruction Without
the Classroom,@ a paper given at the 15th
Annual Conference of the British & Irish Legal
Education Technology Association, April, 2000, University of Warwick, United Kingdom.
ACurrent Issues in U.S. State and Federal Taxation of Electronic Commerce,@ a paper given at the
16th
Annual Conference, British & Irish Legal Education Technology Association,
17
April 9-10, 2001, University of Edinburgh, Scotland.
Discussion leader (multiple sessions) at Conference on New Ideas for Experienced Teachers,
Association of American Law Schools, Calgary, Alberta, Canada, June 9-13, 2001.
ACurrent Issues in Regulatory Takings Law and Practice,@ two presentations given to the Real
Property Section, Idaho State Bar, Sun Valley, Idaho, Feb. 21-22, 2002, published in Idaho State
Bar, What=s Hot in Real Property Law (2002).
AView from the USA on the Changing Role of Law Librarians,@ a paper given at the 33rd
Annual
Study Conference of the British and Irish Association of Law Librarians (BIALL), in Liverpool,
England, June 14-17, 2002, and published electronically in Legal Information Management,
journal of the BIALL.
AUpdate of Utah Property Law,@ a presentation to the Central Utah Bar Association, Provo, Utah,
January 29, 2003.
APredicting Law School Academic Performance from LSAT Scores and Undergraduate Grade
Point Averages: A Comprehensive Study,@ a paper presented to the University of Cincinnati Law
School faculty, March 10, 2003.
APlagiarism in English-Speaking Jurisdictions,@ a paper presented at the Annual Conference of
the British and Irish Association of Law Librarians in Cardiff, Wales, on June 15, 2003.
AThe Heritage of British Law Carried by Gentiles Coming Out of Captivity As Described in 1
Nephi Chapter 13,@ an addresses presented to BYU London Study Abroad students on June 8,
2003, in London, UK.
AWhat to do About the Plagiarism Plague in Law Schools,@ a program prepared, presented and
conducted at the 2004 Association of American Law Schools annual meeting in Atlanta, Georgia,
Jan. 5, 2004.
AThe Intersections of Law and Religion in a First-Year Property Law Course,@ a paper presented
at the the 2004 Conference of Religiously Affiliated Law Schools, Notre Dame Law School,
March 26, 2004.
ASignificant 2003 Utah Property Cases,@ presented at the annual meeting of the Utah State Bar
Real Property Section in Salt Lake City, Utah, on April 15, 2004.
Moderator, panel on skills instruction in property classes, at the 2004 Association of American
Law Schools Mid-Year Conference on Teaching Property in the 21st Century,@ in Portland,
Oregon, on June 16, 2004.
18
AFree Anti-Religious Expression and Free Religious Exercise in the Public Forum Cases,@ presented at the 2004 Association of American Law Schools Mid-Year Conference on Teaching
Property in the 21st Century,@ in Portland, Oregon, on June 18, 2004.
AFree Speech and Free Exercise Clash on Salt Lake City=s Sidewalks,@ presented at the Fall
Leadership Meetings of the American Bar Association Real Property, Probate and Trust Section,
in Tampa, Florida, on Nov. 13, 2004.
Moderator and panelist, AEminent Domain: Condemnation for Private Use: The Recent Revival
of the Public Use Requirement and Its Implications for Private Development@ presented at the
14th
Annual Land Use Conference, Rocky Mountain Land Use Institute, Denver, Colorado, April
21-22, 2005.
ABackground and Implications of Kelo v. New London [eminent domain case], presented at a
BYU law student meeting sponsored by the Federalist Society, Provo, Utah, September 30, 2005.
AUtah Land Use Cases 2003-2005,@ presented at meetings of the Utah Land Use Institute, Salt
Lake City, Utah, October 5, 2005.
Moderator and panelist, AJustice Through the Lens of Faith: Economic Justice and Property,@ a
paper given at the 6th
Conference of Religiously Affiliated Law Schools, Baylor University Law
School, Waco, Texas, April 1, 2006.
Speaker AAnalysis of Recent Property-Related Utah Legislation and Cases,@ presented to the
Central Utah Bar Association (for CLE credit) at Provo, Utah, April 19, 2006.
Keynote Speaker, AIs the Right to Private Property a Fundamental or an Economic Right?@ presented at the ALI-ABA Study Course on Eminent Domain and Land Valuation Litigation, Jan.
4-6, 2007, Miami, FL.
Keynote speaker, BYU chapter of the Phi Kappa Phi national honor society induction banquet,
ALove of Learning,@ February 7, 2007, Provo, Utah.
Speaker, AHandling SOBs: Tips for Successfully Regulating Sexually Oriented Business,@ presented at the 16
th Annual Land Use Conference of the Rocky Mountain Land Use Institute,
March 7-9, 2007, Denver, CO.
Speaker, APlundering Property is a Very Bad Idea: Misuse of History in Takings,@ presented at the ALI-ABA Course of Study on Inverse Condemnation and Related Government Liability, April 12-14, 2007, Scottsdale, AZ. Speaker, AReview of Recent Developments: Law Professors= Perspectives,@ presented at the 18
th Annual Spring Symposia of the American Bar Association Real Property,
Trust and Estate Section, Washington, D.C., April 26, 2007.
19
Speaker, AAnalysis of Recent Utah Real Property Legislation and Cases,@ presented at the monthly meeting of the Central Utah Bar Association (with Backman, for CLE credit), May 16, 2007, Provo, UT.
Speaker, ACurrent Trends in Real Estate Finance: Mortgage Fraud and Mortgage Rescue Scams,@ presented at the annual meeting of the Utah State Bar, July 19, 2007, Sun Valley, Idaho.
Speaker, AHow Far Does the Covenant Run? Covenants Running With the Land in Oil and Gas
Transactions,@ presented at the 53rd
Annual Meeting of the Rocky Mountain Mineral Law
Foundation, July 20, 2007, Vancouver, British Columbia, Canada.
Speaker, A2007 Utah Legislation Related to Property Rights,@ presented at the annual meeting of
the Utah Land Use Institute, Oct. 3, 2007, Salt Lake City, Utah.
Speaker, AHow to Understand and Apply Utah=s Real Estate Purchase Contract Form,@ presented
to BYU MBA students, Nov. 1, 2007, Provo, Utah.
Speaker, AReview of Admissions Applications,@ Annual Law School Conference of BYU Prelaw
Advisement, Jan. 26, 2008, Provo, Utah.
Speaker, AUnderstanding and Applying Utah=s Private Property Protection Acts,@ 26th
Annual
State and Local Government Conference, March 28, 2008, Provo, Utah.
Speaker, ARecent Property Law Developments: Law Professors= Perspectives,@ American Bar
Association Section of Real Property, Trust & Estate Law Annual Symposia, May 2, 2008,
Washington, D.C.
Speaker, AA Law Upon Which All Blessings Are Predicated,@ Brigham Young University
Devotional Speeches, June 3, 2008, Provo, Utah.
Speaker, ASurveyors= Ground Monuments Trump Deeds and Plats,@ Utah Council of Land
Surveyors,@ August 21, 2008, Midvale Utah.
Speaker, AAdmissions Advice for Prospective Law Students,@ BYU Pre-Law Advisement Office
Program, September 25, 2008, Provo, Utah.
Speaker, AAdvice on Estate Planning, Wills and Probate, and Real Estate Transactions,@ BYU
11th
Stake (married students), Nov. 1, 2008, Provo, Utah.
Speaker, AMortgages Medieval and Modern and How They Helped Pop the High Finance
Bubble,@ presented as the Distinguished Gifford/Starn O=Toole Marcus & Fisher Lectureship in
Real Property, William S. Richardson School of Law, University of Hawai=i at Manoa,
November 13, 2008.
20
Speaker, AMortgages Medieval and Modern and How They Helped Pop the High Finance
Bubble,@ presented at the monthly meeting of Alpha Lambda International, Honolulu, Hawai=i, November 14, 2008.
AThe American Legal System and American Law,@ presented to two groups of Chinese students
at the Central University of Nationalities, Beijing, China, May, 2009.
Speaker, A2009 Utah Legislation Related to Property Rights,@ presented at the annual meeting of
the Utah Land Use Institute, Oct. 14, 2009, Salt Lake City, Utah.
Speaker, AReliable and Relevant Rankings for Religiously Affiliated Law Schools,@ presented at
the 2010 Conference of Religiously Affiliated Law Schools, Mar. 19, 2010, Brigham Young
University Law School, Provo, Utah.
VI. Professional Activities
Admitted to practice before the Utah Supreme Court, U.S. District Court for the District of Utah,
and Tenth Circuit U.S. Court of Appeals (all 1972), and before the United States Supreme Court
(1994).
Member of Utah State Bar, Utah County Bar Association, American Bar Association, and Bar of
the United States Supreme Court.
Legal Committee and Past Chairman of Nominating Committee, Utah Heritage Foundation.
Chairman and member, Constitution and Bylaws Committee, American Association of Law
Libraries, 1975-80, 1990-91; member, 1984-86.
Member, Ethics Committee, American Association of Law Libraries, 1975-78.
Member, Statistics Committee, American Association of Law Libraries, 1986-1988.
President, 1979-81, and Vice-President, 1977-79, Western-Pacific Chapter, American
Association of Law Libraries.
Chairman, Utah College Library Council, 1977-78, 1987-88.
Chairman, Constitution and Bylaws Committee, Utah Library Association, 1976-79.
Parliamentarian, Utah Library Association, 1976-79.
21
National Statistics Coordinator, American Association of Law Libraries, 1978-1988.
American Association of Law Libraries liaison to American Library Association administrative
statistics committee, l978-l980.
American Bar Association:
Member, Supervisory Council, Real Property, Probate and Trust Section, 2003-2009.
Member, Committee on Significant Legislation, 1975-2005; vice-chair of
committee, 1991-92, 1999-2004; chair of Future Trends Subcommittee,
1989-1992; chair of committee, 1992-99, Real Property, Probate and Trust
Section.
Member, Legislative Council, 1996B2000.
Member, Committee on Significant Decisions (1979-2004; reporter for Pacific
region, 1991-1994), chair, 2002B2004, Real Property, Probate and Trust
Section.
Member, Limited Liability Companies Committee (1992B1998), Real Property,
Probate and Trust Section.
Member, Real Property, Probate and Trust Section Publications Advisory Board
(1997B); vice-chair (2000B2003); chair (2003B2008).
Member, Section on Legal Education and Admission to the Bar, (1974--).
Group Chair of the Continuing Education and Developments group of four committees,
Real Property, Probate and Trust Section (2004B2007).
Associate Editor, Real Property, Probate and Trust Journal (2004B).
Supervisory Council Member, Residential, Multi-Family and Special Use Group of four
committees, Real Property, Probate and Trust Section (2006B).
Outstanding Young Men of America recognition, Utah, 1978.
Listed in Who=s Who in America, Who=s Who in American Law, Who=s Who in Real Estate, Who=s
Who in Library and Information Sciences.
Member, American Bar Association/Association of American Law Schools law school
accreditation inspection teams: May, 1978; April, 1979; March, 1980; May, 1980; March, 1982;
22
March, 1983; April, 1985; March, 1986; March, 1987; March, 1988; October, 1988; April, 1989;
October, 1990; October, 1996; March, 1997.
Part-time private law practice and legal consultation, 1974-1994; (specializing in real estate,
estate planning, corporate, and procedural matters); expert witness for property and procedure
issues, 2000B.
Lecturer, Utah bar review course, real property.
Research in Anglo-American legal history, United Kingdom and Europe, April-June, 1981;
September, 1982; September, 1983; September, 1984; May-June, 1994, June 2002.
National Advisory Board, Law Library Microform Consortium, 1982-86.
Consultant to South Texas College of Law, 1983; to Loyola-Marymount College of Law, l985; to
West Virginia University College of Law, 1989.
Consultant to American Bar Association Consultant on Legal Education, 1989, 1990.
Drafter of property and probate and trust questions for Alaska, Arizona, California, Montana and
Utah bar examinations; drafter of civil procedure questions for Utah bar examinations.
Representative of American Association of Law Libraries to British and Irish Association of Law
Librarians (BIALL), 1982-1989 (awarded life membership in BIALL, 1989).
Member, Law Program Committee, Research Libraries Group,
1978-1990; member of executive committee, 1984-89; chair, 1987-89.
Utah State Bar:
Member, Committee on Law and Technology, 1974-75.
Member, Continuing Legal Education Committee, 1985-1997.
Member, Bar Examination Committee, 1989-1994.
Member, Corporations Code Revision Committee, 1989-1992.
Member, Real Property and International Law Sections.
Member, Utah Real Estate Commission=s Standardized Forms Advisory Panel, 1999B.
University assignments: chair, Student Housing Adjustment Board, 1975-1980; member,
Archives and Records Management Committee, 1977-1982; chair, Task Force on Compliance
23
with New Copyright Law, 1976; member, Continuing Education Faculty Advisory Committee,
1984-89; Advisory Board, School of Library and Information Sciences, 1989-91; Faculty
Advisory Council, 1997-2000 (chair, 1998-2000); law school college adviser (1997B), chapter
president-elect (2003-2005), chapter president (2005-2007), and chapter past-president
(2007-2008), university chapter of Phi Kappa Phi national honor society; member, university
rank and status appeal board, 2007-2010.
Adviser to J. Reuben Clark Law School Student Bar Association, 1984-1988; to Phi Delta Phi
legal fraternity, 1983--; to Journal of Public Law, 1986-1988.
Vice-President and Board of Directors, Northwest Law Library Consortium, 1985-1989.
Association of American Law Schools
Member, Libraries and Technology Committee, 2001-2004 (organized and presented a
committee program at the 2004 annual meeting)
Member, Real Property Section
Member and secretary, Real Estate Transactions Section
Member, Committee on Creation of a National Law Placement Data Base (1988-89)
Member, Standing Committee on Libraries (1989-1992)
Member, Committee on Bar Admissions and Lawyer Performance (2004-2007).
Member, American Association of Law Libraries National Legal Resources Committee, 1988-89.
Coordinator of volunteer services for American Association of Law Libraries 1989 annual
meeting.
Faculty AHabits of the Mind@ Section Leader, BYU New Student Orientation, August, 2004;
August, 2005; August, 2006.
Organizer, 2010 Conference of Religiously Affiliated Law Schools, Brigham Young University
J. Reuben Clark Law School, Mar. 18-19, 2010.
VII. Volunteer and Community Service
Volunteer full-time missionary for Church of Jesus Christ of Latter-Day Saints, 6/1963-12/1965,
North Germany; fluent in speaking, reading and writing German. Executive Committee member
in charge of commissioned art work, Celebration of the Welsh Settlers of Utah, March, 1993;
active in preservation of BY Academy building; volunteer service, Habitat for Humanity; master
of ceremonies, Timpanogos Storytelling Festival, 1998B2007.
VIII. Military Service
24
U.S. Army, February 1969 to January 1971. Served with 1st Infantry Division and 199th Light
Infantry Brigade in Vietnam, 1969-70. Served with Combat Developments Command in
Washington, D.C., 1970-71. Awarded two Bronze Stars and Army Commendation Medal for
service in Vietnam.