Faculty News

Faculty News
February 2003

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

In This Issue

Marjorie Aaron
Marjorie and Adjunct Professor Jim Lawrence coached the winning student team from the College of Law (Patti Foster ‘05 and Susie Coan ‘05) at the ABA Mid-West Regional Representation in Mediation Competition at Marquette Law School. Details at www.law.uc.edu/intranet/news/adr030317.html. Marjorie’s chapter, Evaluation in Mediation, in Mediating Legal Disputes (Dwight Golann ed., 1996), was cited in Michael Moffitt, Suing Mediators, 83 Boston Univ. L. Rev. 147 (2003).

Marianna Brown Bettman
Marianna moderated a panel on Dimming the Lamp: Immigration Post 9/11, sponsored by the American Jewish Committee Cincinnati Chapter, the Interfaith Alliance, and the Wise Temple politcal advocacy committee. Her WVXU Commentary and Legally Speaking Column focused on the latest attempt at tort reform in Ohio.

Joseph Biancalana
Joseph presented Penalty Clauses in England: 1200-1350 at the University of Chicago Law School. He facilitated a discussion on Library and Information Technology at the College of Law’s Student Leaders Input Program.

Kristin Kalsem
Kristin presented Looking For Law in All the "Wrong" Places: Outlaw Texts and Early Women’s Advocacy at BYU law school as part of the Scholarly Exchange Series.

Paul Caron
Paul signed contract with Foundation Press for Civil Procedure Stories, the fifth book in his Law Stories series. The Editor is Kevin Clermont (Cornell) and the Contributors are Bob Bone (Boston University), Lewis Grossman (American), Harold Koh (Yale), Stephen Landsman (DePaul), Rick Marcus (UC-Hastings), John Oakley (UC-Davis), Wendy Perdue (Georgetown), Ed Purcell (New York), Jeff Rachlinski (Cornell), Judith Resnik (Yale), David Shapiro (Harvard), Emily Sherwin (Cornell), Louise Ellen Teitz (Roger Williams), and Jay Tidmarsh (Notre Dame). His Tax Stories book was featured in the February issue of The National Jurist www.nationaljurist.com and as a "Faculty Profile" on the UC web site www.uc.edu/profiles/profile.asp?id=251

Paul attended the ABA Site Evaluation Workshop in Chicago. He published several issues of his Tax Law Abstracts e-journals www.ssrn.com: five issues each of Tax Law & Policy (vol. 4, nos. 4 8) and Practitioner Series (vol. 3, nos. 4-8) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (co-edited with Robert A. Green (Cornell). Paul spoke on the ABA’s upcoming re-accreditation visit at the College of Law’s Student Leaders Input Program.

Jack Chin
Jack testified (along with Dan Dodd, Rebecca Klein, Peder Nestingen, and Jesika Thompson) before the Ohio House State Government Committee in Columbus regarding HJR 4, a bill they proposed to ratify the Fourteenth Amendment. Among the many Ohio newspapers reporting on the issue were www.enquirer.com/editions/2003/02/01/loc_norights01.html and www.activedayton.com/ddn/local/daily/0202amendment.html. The February 7, 2003 edition of the Pacific Citizen reported on its cover the introduction of a bill in the Florida Legislature to repeal that state’s Alien Land Law, another project Jack is working on with students.

Jack’s work was cited in a number of distinguished books and articles: The "Blue Wall of Silence" as Evidence of Bias and Motive to Lie: A New Approach to Police Perjury, 59 Univ. Pittsburgh L. Rev. 233 (1998) (with Scott C. Wells), in Michael A. Simons, Retribution for Rats: Cooperation, Punishment, and Atonement, 56 Vanderbilt L. Rev. 1 (2003); Segregation’s Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), Citizenship and Exclusion: Wyoming's Anti-Japanese Alien Land Law in Context, 1 Wyoming L. Rev 497 (2001), and Regulating Race: Asian Exclusion and the Administrative State, 37 Harvard Civil Rights-Civil Liberties L. Rev. 1 (2002), in Angela P. Harris, Introduction, 55 Florida L. Rev. 319 (2003); Immigration and the Constitution: Discrimination and Equality in Contemporary Immigration Law (Gabriel J. Chin et al. eds., 2000), in Victor C. Romero, The Child Citizenship Act and the Family Reunification Act: Valuing the Citizen Child as Well as the Citizen Parent, 55 Florida L. Rev. 489 (2003) (Sixth Annual LatCrit Conference, Cluster V); Rethinking Racial Divides--Panel on Affirmative Action, 4 Michigan J Race & L. 195 (1998), in Samuel Issacharoff, Law and Misdirection in the Debate over Affirmative Action, 2002 Univ. Chicago Legal Forum 11 (2002); and Affirmative Action and the Constitution: Affirmative Action Before Constitutional Law 1964-1977 (1998) and Bakke To the Wall: The Crisis of Bakkean Diversity, 4 William & Mary Bill of Rights J. 881 (1996), in Michael E. Rosman, Thoughts on Bakke And Its Effect on Race-Conscious Decision-Making, 2002 Univ. Chicago Legal Forum 45 (2002).

Bert Lockwood
Bert facilitated a discussion on Admissions and Financial Aid at the College of Law’s Student Leaders Input Program.

Betsy Malloy
Betsy’s article, Recalibrating the Cost of Harm Advocacy: Getting Beyond Brandenburg, 41 William & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski, Jr.), was discussed in David A. Anderson, Incitement and Tort Law, 37 Wake Forest L. Rev. 957 (2002), and Taming Terrorists But Not "Natural Born Killers," 27 Northern Kentucky L. Rev. 81 (2000), was cited in Lyrissa Barnett Lidsky, Brandenburg and the United States’ War on Incitement Abroad: Defending a Double Standard, 37 Wake Forest L. Rev. 1009 (2002).

Brad Mank
Brad published Legal Context: Reading Statutes in Light of Prevailing Legal Precedent, 34 Arizona State Law Journal 815 (2002). His article, Using § 1983 to Enforce Title VI’s Section 602 Regulations, 49 Kansas L. Rev. 321 (2001), was cited in Julie Davies, Assessing Institutional Responsibility for Sexual Harassment in Education, 77 Tulane L. Rev. 387 (2002). Brad facilitated a discussion on Curriculum at the College of Law’s Student Leaders Input Program.

Donna Nagy
Donna organized and moderated the 16th Annual Corporate Law Symposium at the College of Law on Agency Law Inside the Corporation (www.law.uc.edu/CCL/sympos03/index.html). Speakers included Donald Langevoort (Georgetown) and Robert Thompson (Vanderbilt). Her 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 Kevin E. Warner, Rethinking Trades "On the Basis Of" Inside Information: Some Interpretations of SEC Rule 10b5-1, 83 Boston Univ. L. Rev 281 (2003), and in John S. Dzienkowski & Robert J. Peroni, The Decline in Lawyer Independence: Lawyer Equity Investments in Clients, 81 Texas L. Rev. 405 (2002). She facilitated a discussion on Faculty Appointments at the College of Law’s Student Leaders Input Program.

Sara Nelson
Sara was the featured speaker at one of six meetings of the Chicago Intellectual Property Colloquium, jointly sponsored by the Chicago-Kent College of Law and the Loyola University Chicago School of Law. Her presentation, The Wages of Ubiquity in Trademark Law, was attended by intellectual property faculty from law schools throughout the Chicago area, prominent intellectual property practitioners, and a group of select students from the two sponsor law schools.

Jim O’Reilly
Jim signed a contract with ABA Press for a second edition of his 1993 text, Lawyer’s Guide to Elder Injury & Accident Compensation, and completed work on 2003 supplements for his Food & Drug Law and Administrative Rulemaking texts. He was named vice-chair of the ABA Homeland Security Committee and will present Secrecy and Disclosure Challenges to the New Department of Homeland Security at a panel in Washington, D.C. on March 31. His panel on FDA and Federal Agency Roles in Bioterrorism Response will be featured at the April 2 annual meeting of the Food & Drug Law Institute. Jim moderated a debate on Internet Privacy: Self-Regulation, Federal or State Enforcement? at the Midyear ABA Meeting in Seattle.

Michael Solimine
A variety of Michael’s work was cited in many prestigious books and articles: four articles in Larry W. Yackle, Federal Courts (Carolina Academic Press, 2d ed. 2003); Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan E. Wheatley), in Theresa M. Beiner, The Elusive (But Worthwhile) Quest for a Diverse Bench in the New Millennium, 36 Univ. California-Davis L. Rev.597 (2003); Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 Univ. Michigan J. Law Reform 351 (1995) (with Richard B. Saphire), in Christopher M. Fairman, Heightened Pleading, 81 Texas L. Rev. 551 (2002); Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (2000) and Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals Under Rule 23(f), 41 William & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines), in Pierre H. Bergeron, District Courts as Gatekeepers? A New Vision of Appellate Jurisdiction over Orders Compelling Arbitration, 51 Emory L. J. 1365 (2002); and Supreme Court Monitoring of State Courts in the Twenty-first Century, 35 Indiana L. Rev. 335 (2002), in Laura S. Fitzgerald, Suspecting the States: Supreme Court Review of State-Court State-Law Judgments, 101 Michigan L. Rev. 80 (2002).

Suja Thomas
Suja made a presentation on hearsay to the Hamilton County Municipal Court judges at a seminar held at the Kingsgate Conference Center. She facilitated a discussion on Professional Development and Career Services at the College of Law’s Student Leaders Input Program.

Joe Tomain
Joe hosted a visit and planned program with The Hon. James G. Carr, who spoke to the law school community on Electronic Surveillance, Law Enforcement, and National Security. He facilitated a discussion on justice at Taft High School in connection with the Cincinnatus Society Education Subcommittee. Joe planned, organized, and facilitated a half-day seminar for the Board of Directors of the American Judicature Society, Truth, Justice and Law. His book, Energy Law and Policy (1989) was cited in Alexandra I. Metzner, Were California’s Electricity Price Shocks Nothing More than a New Form of Stranded Costs? 52 American Univ. L. Rev. 535 (2002).

Ingrid Brunk Wuerth
Ingrid facilitated a discussion on Professional Development and Career Services at the College of Law’s Student Leaders Input Program.

For past issues, visit the Faculty News Archive