Faculty Directory

Faculty News
May 2003

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

In This Issue

Marjorie Aaron
Marjorie's chapter, Evaluation in Mediation, in Mediating Legal Disputes (Dwight Golann, ed. 1996), was cited in Michael Moffitt, Ten Ways to Get Sued: A Guide For Mediators, 8 Harvard Negotiations L. Rev. 81 (2003).

Paul Caron
Paul published Federal Wealth Transfer Taxation: Study Problems and Federal Wealth Transfer Taxation: Teacher's Manual (Foundation Press, 5th ed. 2003) (with Paul McDaniel (Boston College) & Jim Repetti (Boston College)). He moderated Tax Stories: What Famous Old Tax Cases Can Tell Us About Today's Tax Law, one of the three section-wide two-hour programs featured at the Mid-Year Meeting of the ABA Tax Section in Washington, D.C. (http://www.abanet.org/tax/press/030410mtg.html). He presented Tax Archaeology, and his co-panelists were Joseph Bankman (Stanford), Patricia A. Cain (Iowa), Joseph M. Dodge (Florida State), Joel S. Newman (Wake Forest), and Deborah H. Schenk (NYU). The program was attended by over 100 tax lawyers, tax professors, and members of the media, each of whom received a complimentary copy of Paul's book, Tax Stories: An In-Depth Look at Ten Leading Federal Income Tax Cases (Foundation Press, 2003).

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 4, nos. 17-20) and Practitioner Series (vol. 3, nos. 17-20) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 3, no. 5) (co-edited with Robert A. Green (Cornell). His Tax Stories book was cited in Anthony J. Luppino, Stopping the Enron End-Runs and Other Trick Plays: The Book-Tax Accounting Conformity Defense, 2003 Columbia Business L. Rev. 35 (2003); and in Bruce M. McGovern, Liabilities of the Firm, Member Guarantees, and the At Risk Rules: Some Practical and Policy Considerations, 7 J. of Small & Emerging Business Law 63 (2003).

Paul attended the 11th Annual Black Lawyers Association of Cincinnati Scholarship and Awards Banquet, honoring the 14 African-American members of the UC College of Law's Class of 2003. He began his stint as a Visiting Professor of Law at Florida State University College of Law, where he is teaching Federal Income Tax.

Jack Chin
Jack presented Did the Fifteenth Amendment Repeal Section 2 of the Fourteenth as part of the College of Law's 2003 Summer Scholarship Series. Several of Jack's articles were cited in prestigious law reviews: Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), in Melanie L. Shender, Nguyen v. INS: No, Your Honor, Men Are Not from Mars, 36 Univ. of California-Davis L. Rev. 1023 (2003); Beyond Self-Interest: Asian Pacific Americans Toward a Community of Justice, A Policy Analysis of Affirmative Action, 4 UCLA Asian Pacific American L.J. 129 (1996), in J. Cunyon Gordon, Painting by Numbers: "And, Um, Let's Have a Black Lawyer Sit at Our Table," 71 Fordham L. Rev. 1257 (2003); and Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 Cornell L. Rev. 697 (2002) (with Richard W. Holmes, Jr.), in Kim Taylor-Thompson, Tuning Up Gideon's Trumpet, 71 Fordham L. Rev. 1461 (2003).

Betsy Malloy
Betsy's article, Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Elizabeth A. Pendo, Disability, Doctors and Dollars: Distinguishing the Three Faces of Reasonable Accommodation, 35 Univ. of California-Davis L. Rev. 1175 (2003).

Brad Mank
UC law students presented Brad with the Parker/McFarland Award of Excellence for his support of Public Interest fellowships. He published Suing Under Sec. 1983: The Future After Gonzaga v. Doe, 39 Houston L. Rev. 1417 (2003). Several of Brad's articles were cited in prestigious law reviews: Environmental Justice and Discriminatory Siting: Risk-Based Representation and Equitable Compensation, 56 Ohio State L.J. 329 (1995), and The Draft Title VI Recipient and Revised Investigation Guidances: Too Much Discretion for EPA and a More Difficult Standard for Complainants?, 30 Environmental L. Report 11144 (2000), in Matthew D. Adler, Risk, Death and Harm: The Normative Foundations of Risk Regulation, 87 Minnesota L. Rev. 1293 (2003); Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Georgia L. Rev. 723 (2002), and The Environmental Protection Agency's Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization, 25 Ecology L. Quarterly 1 (1998), in Jamie A. Grodsky, The Paradox of (Eco)pragmatism, 87 Minnesota L. Rev. 1037 (2003); Superfund Contractors and Agency Capture, 2 N.Y.U. Environmental L.J. 34 (1993), in Shi-Ling Hsu, A Two-Dimensional Framework for Analyzing Property Rights Regimes, 36 Univ. of California-Davis L. Rev. 813 (2003); and Reforming State Brownfield Programs to Comply with Title VI, 24 Harvard Environmental L. Rev. 115 (2000), and Should State Corporate Law Define Successor Liability?: The Demise of CERCLA's Federal Common Law, 68 Univ. of Cincinnati L. Rev. 1157 (2000), in Hope Whitney, Cities and Superfund: Encouraging Brownfield Redevelopment, 30 Ecology L.Q. 59 (2003).

Donna Nagy
Donna's article, Judicial Reliance on Regulatory Interpretations in SEC No-Action Letters: Current Problems and a Proposed Framework, 83 Cornell L. Rev. 921 (1998), was cited in Leib M. Lerner, Disclosing Toxic Pipes: Why the SEC Can and Should Expand the Reporting Requirements Surrounding Private Investments in Public Equities, 58 Business Lawyer 655 (2003); and in Ronald M. Levin, Mead and the Prospective Exercise of Discretion, 54 Administrative L. Rev. 771 (2003).

Jim O'Reilly
Jim met with LexisNexis in New York in connection with his proposal for a new treatise on homeland security. He completed work on his RCRA and Superfund Practice Guide (West Group, 3d ed. forthcoming 2003).

Ronna Schneider
Ronna's article, Getting Help with Their Homework: Schools, Lower Courts, and the Supreme Court Justices Look for Answers Under the Establishment Clause, 53 Administrative L. Rev. 943 (2001), was cited in Chelsea Chaffee, Making a Case for an Age-Sensitive Establishment Clause Test, 2003 Brigham Young Univ. Education & L.J. 257 (2003).

Michael Solimine
Michael kicked off the College of Law's 2003 Summer Scholarship Series by presenting Recalibrating Justiciability in Ohio Courts on May 21. Several of his books and articles were cited in prestigious sources: Roberta Romano, The Advantages of Competitive Federalism for Securities Regulation (AEI Press 2002) (citing his article in the Cornell International Law Journal); Erwin Chermerinsky, Federal Jurisdiction (Aspen, 4th ed. 2003) (citing his articles in the Hastings Constitutional Law Quarterly, Boston University Law Review, and Missouri Law Review); Larry E. Ribstein, From Efficiency to Politics in Contractual Choice of Law, 37 Georgia Law Review 363 (2003) (citing his articles in the Georgia Law Review, Tulane Law Review, and American Law and Economics Review); James A. Gardner, State Courts as Agents of Federalism: Power and Interpretation in State Constitutional Law, 44 William & Mary Law Review 1725 (2003) (citing his book, Respecting State Courts: The Inevitability of Judicial Federalism (1999)(with James Walker), and his article in the Indiana Law Review); Thomas G. Saylor, New Judicial Federalism and the Acknowledged, Prophylactic Rule, 59 N.Y.U Annual Survey of American Law 283 (2003) (citing his article in the Ohio Northern University Law Review) (with James Walker)); Jennifer M. Rhodes, Comment, Judicial Review of Partial Arbitral Awards under Section 10(a)(4) of the Federal Arbitration Act, 70 Univ. of Chicago L. Rev. 663 (2003) (citing his article in the George Washington Law Review); and R.D. Rees, Note, Plaintiff Due Process Rights in Assertions of Personal Jurisdiction, 78 N.Y.U. L. Rev. 405 (2003) (citing his article in the Georgia Law Review).

Joseph Tomain
Joe submitted five articles for publication in Major Acts of Congress: Department of Energy Organization Act, National Energy Conservation Policy Act, Natural Gas Act, Nuclear Waste Policy Act, and Surface Mining Control and Reclamation Act. He served as a panelist at the ABA Conference on Law School Development for Deans and Administrators in Jackson Hole, Wyoming. Joe attended a meeting of the Advisory Board of the Institute of Environmental Sciences at Miami University in Oxford. He attended board meetings of the Cincinnati Bar Association, KnowledgeWorks Foundation, Mercantile Library, and Volunteer Lawyers for the Poor Foundation. Joe's letter to the editor, Judge Does Difficult Job Very Well, was published in the May 14 Cincinnati Enquirer. His article, Electricity Restructuring: A Case Study in Government Regulation, 33 Tulsa L.J. 827 (1998), was cited in Ashutosh Bhagwat, Institutions and Long Term Planning: Lessons from the California Electricity Crisis, 55 Administrative L. Rev. 95 (2003).

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