Faculty News

Faculty News
November 2003

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

In This Issue

Marjorie Aaron
Marjorie presented a program on Mediation Ethics for the Cincinnati Bar Association. She coached and accompanied the College of Law’s two negotiation teams to the midwestern regional of the ABA Negotiation Competition at the University of Louisville Brandeis School of Law.

Marianna Brown Bettman
Marianna spoke on Problems with Electing Judges in Ohio at the annual meeting of Judicial Watch at St. Joseph’s Church in the West End. She wrote her monthly Israelite column on the Ohio Supreme Court’s decision upholding the Ohio statute banning the carrying of concealed weapons.

Joseph Biancalana
Joseph received the Sutherland Prize from The American Society for Legal History for his article, Actions of Covenant 1200-1300, published in the Law and History Review. He presented The Origins and Early Development of the Penal Bond at its 2003 annual meeting. Joseph was selected to provide articles for the Oxford Encyclopedia of Legal History.

Kristin Kalsem
Kristin attended a symposium on Equality, Privacy, and Lesbian and Gay Rights After Lawrence v. Texas at the Moritz College of Law, The Ohio State University.

Chris Bryant
Chris attended a symposium on Equality, Privacy, and Lesbian and Gay Rights After Lawrence v. Texas at the Moritz College of Law, The Ohio State University. His article, Youngstown Revisited, 29 Hastings Constitutional L.Q. 373 (2002) (with Carl Tobias), was cited in Carl Tobias, Detentions, Military Commissions, Terrorism, and Domestic Case Precedent, 76 Southern California L. Rev. 1371 (2003).

Paul Caron
Paul published A Need for Judicial Humility (with Rafael Gely), The National Law Journal, Nov. 24, at 34. LexisNexis Group approved the sixth book in Paul’s Graduate Tax Series: Partnership Tax (Phillip Gall (Kronish Leib Weiner & Hellman LLP), Monte Jackel (Deloitte & Touche LLP) & Walter D. Schwidetzky (Baltimore)).

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 4, nos. 42-45) and Practitioner Series (vol. 3, nos. 42-45) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 3, no. 13) (co-edited with Robert A. Green (Cornell)). Two of Paul’s articles (The Federal Tax Implications of Bush v. Gore, 79 Washington Univ. L.Q. 749 (2001), and The Federal Courts of Appeals’ Use of State Court Decision in Tax Cases: “Property Regard” Means “No Regard,” 46 Oklahoma L. Rev. 443 (1993)), were identified as two of “22 empirical studies in the extant tax literature published between 1993 and 2002" in Nancy Staudt, Introduction to Symposium on Empirical Taxation, 13 Washington Univ. J. of Law & Policy 1 (2003).

Rafael Gely
Rafael published, A Need for Judicial Humility (with Paul Caron), The National Law Journal, Nov. 24, at 34. Two of his articles (Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relation Decisions, 23 Rand J. Economics 463 (1992) (with Pablo T. Spiller) and A Rational Choice Theory of Supreme Court Decision Making with Applications to the State Farm and Grove City Cases, 6 J.L. Economics & Organization 263 (1990) (with Pablo T. Spiller)), were cited in Lee Epstein, Nancy Staudt & Peter Wiedenbeck, Judging Statutes: Thoughts on Statutory Interpretation and Notes for a Project on the Internal Revenue Code, 13 Washington Univ. J. of Law & Policy 305 (2003).

Mark Godsey
Mark testified before a subcommittee of the Ohio Senate in favor of Senate Bill 71, the Jury Patriotism Act, which is designed to make jury service less burdensome by, among other things, cutting red tape and increasing pay for Ohio's jurors. He was quoted in Jury-duty Bill Draws Flak, Columbus Dispatch, Nov. 17, 2003, at 01C.

Emily Houh
Emily attended a symposium on Equality, Privacy, and Lesbian and Gay Rights After Lawrence v. Texas at the Moritz College of Law, The Ohio State University

Bert Lockwood
Bert was a Visiting Scholar at the University of Southern California, where he delivered a lecture on What Would Eleanor Think: Reflections about Eleanor Roosevelt and What She Would Think of the State of the World Today and met with students and faculty in various departments. He was the Rapporteur for the 26th Annual Meeting of Human Rights officials in the Foreign Ministries of 25 western governments. The meeting was in Warsaw, Poland. Bert participated in a panel discussion regarding the Guantanamo Bay detainees and hosted the leading Human Rights Attorney in Kenya, Gibson Kuria, a Laureate of the Robert F. Kennedy Memorial Center for Human Rights.

Betsy Malloy
Betsy’s article, Something Borrowed, Something Blue: Why Disabilities Law Claims Are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Sharona Hoffman, Corrective Justice and Title I of the ADA, 52 American Univ. L. Rev. 1213 (2003), and in Jane Byeff Korn, Crazy (Mental Illness Under the ADA), 36 Univ. Michigan J. Law Reform 585 (2003).

Brad Mank
Brad’s article, Suing Under § 1983: The Future after Gonzaga University v. Doe, 39 Houston L. Rev. 1417 (2003), was cited in Charles F. Glass, Enforcing Great Lakes Water Export Restrictions under the Water Resources Development Act of 1986, 103 Columbia L. Rev. 1503 (2003).

Donna Nagy
Donna was elected into membership in the American Law Institute. 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 Joan MacLeod Heminway, Materiality Guidance in the Context of Insider Trading: A Call for Action, 52 American Univ. L. Rev. 1131 (2003).

Ronna Schneider
Ronna’s article, State Action—Making Sense Out of Chaos?—An Historical Approach, 37 Florida. L. Rev. 737 (1985), was cited in Gillian E. Metzger, Privatization as Delegation, 103 Columbia L. Rev. 1367 (2003).

Michael Solimine
Michael presented The Future of Parity, at a conference on Dual Enforcement of Constitutional Norms at the William & Mary School of Law. The conference papers will be published in the William & Mary Law Review. He moderated a presentation at the College of Law by Professor Charles Geyh (Indiana-Bloomington) on reforming state judicial selection nationally and in Ohio. Professor Geyh is the reporter for the ABA committee that earlier this year issued a lengthy report, Justice in Jeopardy, on state judicial selection. Michael's book, Respecting State Courts: The Inevitability of Judicial Federalism (1999) (with Walker), was cited in David W. Romero & Francine Sanders Romero, Precedent, Parity, and Racial discrimination: A Federal/State Comparison of the Impact of Brown v. Board of Education, 37 Law & Society Rev. 809 (2003).

Joe Tomain
Joe attended board meetings of the Cincinnati Bar Association, Volunteer Lawyers for the Poor Foundation, Mercantile Library, and the BLAC-CBA Round Table Steering Committee. He chaired the Board meeting for the KnowledgeWorks Foundation. Joe hosted our William Howard Taft lecturer, Professor Barry Friedman (NYU), and hosted the Class of 1948 Reunion Luncheon and participated in the Law Alumni Association Annual Meeting. He submitted an article on the future of legal education to the Ohio Lawyer magazine. Joe’s article, networkindustries.gov.reg, 48 U. Kansas L. Rev. 829 (2000), was cited in Jonathon M. Grech, “Opting Out”: Defining the Material Adverse Change Clause in a Volatile Economy, 52 Emory L. J. 1483 (2003).

For past issues, visit the Faculty News Archive.