Faculty News

Faculty News
December 2002

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
Part II of Marjorie’s article, Getting a Head Start: More Intake Questions and Tips for Mediators, was appeared in the November/December issue of Alternatives (a publication of the CPR Institute for Dispute Resolution). She presented two one-day seminars, through the College of Law’s Center for Practice in Negotiation and Problem Solving, at the UC Alumni Center: Effective Negotiation Strategy and Practice (with Michael Watkins (Harvard Business School)), and Advanced Negotiation Insights. Marjorie wrote all of the original seminar materials and simulations used in the seminars.

Marianna Brown Bettman
Marianna’s op ed piece opposing the most recent legislative attempt to place caps on damages in medical malpractice cases was published in the Cincinnati Post. Her latest Legally Speaking column focused on the Sixth Circuit’s decision striking down Cincinnati’s Drug Exclusion Zone.

Paul Caron
Paul published a new edition of Federal Wealth Transfer Taxation (Foundation Press, 5th ed. 2002) with co-authors Paul McDaniel and Jim Repetti (both of Boston College). The prior edition of the casebook was adopted for use at thirty-five law schools (including Michigan, Virginia, NYU, Northwestern, Duke, Washington University, and Boston College). He also published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): two issues each of Tax Law & Policy (vol. 3, nos. 42-43) and four issues of Practitioner Series (vol. 2, nos. 44-47) (both co-edited with Joseph Bankman (Stanford)). Paul’s article, Tax Myopia, Or Mamas Don't Let Your Babies Grow Up to Be Tax Lawyers, 13 Virginia Tax Rev. 517 (1994), was cited in Cheryl Block, Pathologies at the Intersection of the Budget and Tax Legislative Processes, 43 Boston College L. Rev. 863 (2002).

Jack Chin
Jack signed a contract with William S. Hein & Co. to edit The U.S. Commission on Civil Rights: Reports on the Police. His articles were cited by a variety of courts and commentators: Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 Cornell L. Rev. 697 (2002) (with Richard Holmes), in State v. Yanez, 2002 WL 31840905 (Ohio App. 1 Dist. Dec. 20, 2002) (opinion by adjunct professor Judge Robert Gorman '60 ), and in Karl B. Tegland, Washington Practice Series, Rules Practice (6th ed. 2002); The "Blue Wall of Silence" as Evidence of Bias and Motive To Lie: A New Approach to Police Perjury, 59 U. Pittsburgh L. Rev. 233 (1998) (with Scott Wells), in Steven Clymer, Are Police Free to Disregard Miranda?, 112 Yale L.J. 447 (2002); and The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. 151 (1996), and Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), in Sarah Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs, 81 Texas L. Rev. 1 (2002).

Rafael Gely
Raphael’s articles, A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, 6 J.L. Economics & Organization 263 (1990) (with Pablo Spiller), and Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988, 23 Rand J. Economics 463 (1992) (with Pablo Spiller), were cited in Einer Elhauge, Preference-estimating Statutory Default Rules, 102 Columbia L. Rev. 2027 (2002).

Betsy Malloy
Betsy’s article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in David Hyman & Charles Silver, You Get What You Pay For: Result-based Compensation for Health Care, 58 Washington & Lee L. Rev. 1427 (2002).

Brad Mank
Brad’s articles, Is There A Private Cause of Action Under EPA’s Title VI Regulations?: The Need To Empower Environmental Justice Plaintiffs, 24 Columbia J. Envtl. L. 1 (1999), and Using Sec. 1983 to Enforce Title VI’s Section 602 Regulations, 49 Univ. Kansas L. Rev. 321 (2001), were cited in Lisa Core, Alexander v. Sandoval: Why a Supreme Court Case about Driver's Licenses Matters to Environmental Justice Advocates, 30 Boston College Envtl. Affairs L. Rev. 191 (2002).

Donna Nagy
Donna’s article, The "Possession vs. Use" Debate in the Context of Securities Trading by Traditional Insiders: Why Silence Can Never Be Golden, 67 Univ. Cincinnati L. Rev. 1129 (1999), was cited in Donald Langevoort, When Lawyers and Law Firms Invest in Their Corporate Clients’ Stock, 80 Washington Univ. L.Q. 569 (2002).

Jim O’Reilly
Jim completed two articles: Product Recalls and the Third Restatement, to be published in a symposium on the Restatement 3rd of Products Liability in the Memphis Law Review; and Physician Off-Label Prescribing, under consideration by Annals of Health Law. His proposed presentation on Tort Reform and the Ohio Supreme Court has been accepted for the April 2003 Cleveland-Marshall conference on the Ohio Constitution. Work progresses on his pending textbooks on federal preemption and on Superfund.

Ronna Schneider
Ronna’s article, Sexual Harassment and Higher Education, 65 Texas L. Rev 525 (1987), was cited in Kent Weeks & Rich Haglund, Fiduciary Duties of College and University Faculty and Administrators, 29 J. College & University L. 153 (2002). She was quoted in Why Cincinnati?, The Cincinnati Post, Dec. 7, 2002, at A1.

Michael Solimine
Michael published The False Promise of Judicial Elections in Ohio, 30 Capital Univ. L. Rev. 559 (2002) (symposium on judicial elections). He was quoted in a newspaper article in the Arizona Republic (Dec.1, 2002), Political Labels Lag as 9th Circuit Court Evolves. Several of Michael’s articles were cited in a variety of prestigious journals: Supreme Court Monitoring of State Courts in the Twenty-first Century, 35 Indiana L. Rev. 335 (2002), in Stephen F. Smith, The Rehnquist Court and Criminal Procedure, 73 Univ. Colorado L. Rev. 1337 (2002); Shoring Up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 Boston Univ. L. Rev. 85 (1988)(with Richard Saphire), in Matthew Burton, Note, Assigning the Judicial Power to International Tribunals: NAFTA Binational Panels and Foreign Affairs Flexibility, 80 Virginia L. Rev.1529 (2002); The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James Walker), in Einer Elhauge, Preference-eliciting Statutory Default Rules, 102 Columbia L. Rev. 2162 (2002); and An Economic and Empirical Analysis of Choice- of-Law, 24 Georgia L. Rev. 49 (1989), in Michael Krauss, Product Liability and Game Theory: One More Trip to the Choice-of-law Well, 2002 Brigham Young Univ. L. Rev. 759 (2002).

Joe Tomain
Joe participated in the Cincinnatus Association Excellence in Education Panel and in a conference call of the Multijurisdictional Practice Subcommittee of the ABA Joint Committee on Lawyer Regulation.

Verna Williams
Verna is serving as a consultant to the counsel for the plaintiff in Doe v. University of Colorado, a Title IX lawsuit claiming that the University was deliberately indifferent to sexual misconduct by recruits for the football team. According to the complaint, in 2001 football recruits sexually assaulted a female student at a party; a similar incident occurred in 1997. Verna was quoted in the Colorado Daily as saying that the prior incident put the University on notice that there was a problem needing to be addressed.

For past issues, visit the Faculty News Archive