Faculty News
Summer 2004 Issue
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| A. Christopher Bryant Associate
Professor of Law
Chris
presented The Tenth Amendment and Federal Morals Legislation as
part of the College of Law’s Summer Faculty Scholarship
Series (www.law.uc.edu/faculty/summerscholars04.pdf).
He taught a dozen high school teachers on the Freedoms
of Speech and Assembly at the Ohio Center for Law
Related Education’s We The People Summer Institute
(Columbus, OH).
Several of Chris’s articles were cited in several
prestigious sources:
•
Remanding to Congress: The Supreme Court's New “On
the Record” Constitutional Review of Federal Statutes,
86 Cornell L. Rev. 328 (2001) (with Timothy J. Simone),
in Bryan R.Whittaker, A Legislative Strategy Conditioned
on Corruption: Regulating Campaign Financing after McConnell
v. FEC, 79 Indiana L.J. 1063 (2004), Alexander Tsesis,
Furthering American Freedom: Civil Rights & the Thirteenth
Amendment, 45 Boston College L. Rev. 307 (2004), and
Suzanna Sherry, The Unmaking of a Precedent, 55 Supreme
Court Rev. 231 (2003).
•
Youngstown Revisited, 29 Hastings Const.
L.Q. 373 (2002) (with Carl Tobias), in Carl Tobias, Punishment
and the War on Terrorism, 6 Univ. Pennsylvania J.
Const’l
L. 1116 (2004).
•
Quirin Revisited, 2003 Wisconsin L. Rev. 309 (with Carl
Tobias), in Richard H. Fallon, et al., Hart & Weschler’s
Federal Courts and the Federal System (Foundation Press,
2004 Supp.), and Jordan J. Paust, Post-9/11 Overreaction
and Fallacies Regarding War and Defense, Guantanamo,
the Status of Persons, Treatment, Judicial Review of
Detention, and Due Process in Military Commissions, 79
Notre Dame L. Rev. 1335 (2004).
Profile
of Professor Bryant
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| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
Over
the summer, Paul was a Visiting Professor of Law at the University
of San Diego School of Law, where he taught the basic federal
income tax course and presented Taking Back the Law School
Classroom: Using Technology to Foster Active Student Learning, his forthcoming article in 54 J. of Legal Educ. (2004) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=527522).
He presented Measuring Scholarly Productivity
and Impact Through SSRN as part of the College of Law’s Summer
Faculty Scholarship Series (http://www.law.uc.edu/faculty/summerscholars04.pdf).
Foundation Press approved the 15th book in Paul’s
Law Stories Series: Evidence Stories (Richard O. Lempert
(Michigan)) (www.fdpress.com/fdpress/whatsnew.htm#lawstories).
LexisNexis approved the 7th book in Paul’s Graduate
Tax Series: Tax Ethics (Linda Galler (Hofstra) & Michael
Lang (Chapman)) (www.law.uc.edu/taxprof/blog/gradtaxseries.pdf).
In the four months since its launch, Paul’s TaxProf
Blog (http://taxprof.typepad.com), a combination web site
and blog with permanent resources and daily information for
tax professors, has received over 85,000 visitors. It was
featured in the July 1 Wall Street Journal (http://www.lawprofessorblogs.com/press/caronWJS040701.pdf).
Paul published several issues of his Tax Law Abstracts e-journals
www.ssrn.com:
•
16 issues of Tax Law & Policy (vol. 5, nos. 17-32) (co-edited
with Joseph Bankman (Stanford)).
•
16 issues of Practitioner Series (vol. 4, nos. 17-32) (co-edited
with Joseph Bankman (Stanford)).
•
4 issues of International & Comparative Tax (vol. 4,
nos. 5-8) (co-edited with Robert A. Green (Cornell)).
Paul’s book, Tax Stories (Foundation Press, 2003),
was reviewed in Book Notes, 29 L. Social Inquiry 497 (2004),
and cited in Debora L. Threedy, Unearthing Subversion
with Legal Archaeology, 13 Texas J. Women & L. 133 (2003).
He was quoted in IRS Files Tax Lien Against Rose, Cincinnati
Enquirer, Aug. 20, 2004 (http://reds.enquirer.com/2004/08/20/rose20.html).
Profile
of Professor Caron
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| Rafael Gely Professor of
Law
Rafael
presented The Economics of Workplace Rights as part of
the College of Law’s Summer Faculty Scholarship Series
(www.law.uc.edu/faculty/summerscholars04.pdf). Several
of his article were cited in prestigious law reviews:
• A Rational Choice Theory of Supreme Court Statutory
Decisions with Applications to the State Farm and Grove City
Cases, 6 J. L. Econ. & Org. 263 (1990) (with Pablo T.
Spiller), in Daniel B. Rodriguez, Of Gift Horses and
Great Expectations: Remands without Vacatur in Administrative
Law, 36 Arizona State L. J. 599 (2004).
•
The Political Economy of Supreme Court Constitutional
Decisions: The Case of Roosevelt’s Court-Packing Plan, 12 Int’l
Rev. L. & Econ. 45 (1992) (with Pablo T. Spiller), in
Richard H. Steinberg, Judicial Lawmaking at the WTO:
Discursive, Constitutional, and Political Constraints, 98 American J.
Int’l L. 247 (2004).
•
Restructuring Public Employees’ Political Activities:
Good Government or Partisan Politics?, 37 Houston L. Rev.
775 (2000) (with Timothy D. Chandler), in Clifford J. Rosky,
Force, Inc.: The Privatization of Punishment, Policing,
and Military Force in Liberal States, 36 Connecticut L. Rev.
879 (2004).
•
Maternity Leave under the FMLA: An Analysis of the Litigation
Experience, 15 Washington Univ. J. L. & Policy 143 (2004)
(with Timothy Chandler), in Pauline T. Kim, The Family
and Medical Leave Act of 1993: Ten Years of Experience, 15 Washington
Univ. J. L. & Policy 1 (2004).
Profile
of Professor Gely
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| Mark
A. Godsey Assistant Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute
for Justice, Ohio Innocence Project
Mark
published The Innocence Revolution and Our “Evolving
Standards of Decency” in Death Penalty Jurisprudence, 29 Univ. Dayton L. Rev. 1 (2004) (symposium) (with 3L Thomas
Pulley). He completed an article, Rethinking the Involuntary
Confession Rule: Toward a Workable Test for Identifying
Compelled Self-Incrimination, which is circulating among
various law reviews. Mark presented the article at the
Ohio Legal Scholars Conference in Akron and as part of
the College of Law’s Summer Faculty Scholarship Series
(www.law.uc.edu/faculty/summerscholars04.pdf).
Two of Mark’s articles were cited in
prestigious law reviews:
•
Educational Inequalities, the Myth of Meritocracy, and
the Silencing of Minority Voices: The Need for Diversity
on America's
Law Reviews, 12 Harvard BlackLetter L.J. 59 (1995), in John
Valery White, What is Affirmative Action? 78 Tulane L. Rev.
2117 (2004).
•
Miranda’s Final Frontier--The International Arena:
A Critical Analysis of United States v. Bin Laden, and
a Proposal for a New Miranda Exception Abroad, 51
Duke L.J. 1703 (2002), in Stephen A. Saltzburg & Daniel
J. Capra,
American Criminal Procedure: Cases and Commentary (West
Group, 7th ed. 2004), Kim Lane Scheppele, Law in a Time
of Emergency: States of Exception and the Temptations of
9/11, 6 Univ.
Pennsylvania J. Const. L. 1001 (2004), Jonathan F.
Lenzner, From a Pakistani Stationhouse to the Federal
Courthouse: A Confession’s Uncertain Journey in the
U.S.-led War on Terror, 12 Cardozo J. Int’l & Comp.
L. 297 (2004), and Marcy Strauss, Torture, 48 New
York L. Rev. 201 (2004).
Mark and the Ohio Innocence Project made several appearances
in the local media:
•
On June 22, Mark appeared as a guest on Bill Cunningham’s
show on 700WLW radio
•
Characters Will Fight for Causes at ETC, Cincinnati Post,
June 23, 2004 (www.cincypost.com/2004/06/23/etc062304.html)
•
Prosecutor Unswayed by Innocence Project, Cincinnati
Enquirer, July 23, 2004 (www.enquirer.com/editions/2004/07/23/loc_innocence22.html)
•
Critics Decry Role of Witness, Cincinnati Post, July 26,
2004 (www.cincypost.com/2004/07/26/eye072604.html)
•
Springer To Appear at OTR Stage, Cincinnati Post, Aug. 31,
2004 (www.cincypost.com/2004/08/31/spring083104.html)
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
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| Christo Lassiter Professor
of Law
Christo
agreed to teach a week-long course on terrorism in the
West African country of Mali. The course is sponsored by
the Defense Institute of International Legal Studies (www.dsca.mil/diils)
and the U.S. Departments of State and Defense. He taught
a similar course in Argentina in April.
Two of Christo’s articles were cited
in prestigious sources:
•
The New Race Cases and the Politics of Public Policy, 12
J. L. & Policy 411 (1996), in Ronald Turner, The
Too-Many-Minorities and Racegoating Dynamics of the Anti-Affirmative-Action
Position:
From Bakke to Grutter and Beyond, 30
Hastings Const. L.Q. 445 (2003).
•
TV or Not TV–That is the Question, 86 J. Criminal.
L. & Criminology 928 (1996), in Kevin F. O’Malley,
et al., Federal Jury Practice and Instructions, (West Group,
2004 Supp.).
Profile
of Professor Lassiter
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| S. Elizabeth Malloy Professor
of Law
Director, Glen M. Weaver Institute for Law & Psychiatry
Betsy
published Overcoming the Obstacles of Garrett: An “As
Applied” Saving Construction for the ADA’s
Title II, 39 Wake Forest L. Rev. 133 (2004) (symposium)
(with Timothy J. Cahill, College of Law Class of 2003).
Two of her articles were cited in prestigious law reviews:
•
Recalibrating the Cost of Harm Advocacy: Getting beyond Brandenburg, 41 William & Mary L. Rev. 1159 (2000)
(with Ronald J. Krotoszynski, Jr.), in Ronald J. Krotoszynski,
Jr., A Comparative Perspective on the First Amendment:
Free Speech, Militant Democracy, and the Primacy of Dignity
as a Preferred Constitutional Value in Germany, 78 Tulane
L. Rev. 1549 (2004).
•
Something Borrowed, Something Blue: Why Disability
Law Claims are Different, 33 Connecticut L. Rev. 603 (2001),
in Ronald Turner, The Americans with Disabilities Act
and the Workplace: A Study of the Supreme Court's Disabling
Choices and Decisions, 60 New York Univ. Annual Survey
American L. 379 (2004).
Profile
of Professor Malloy :: Glen
M. Weaver Institute for Law and Psychiatry
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| Bradford C. Mank James
B. Helmer Jr. Professor of Law
Brad
published Can Congress Regulate Intrastate Endangered
Species Under the Commerce Clause?, 69 Brooklyn L.
Rev. 923 (2004). He presented Standing and Climate
Change as part of the
College of Law’s Summer Faculty Scholarship Series
(www.law.uc.edu/faculty/summerscholars04.pdf).
Several of Brad’s scholarly works were cited in prestigious
law reviews:
•
The Environmental Protection Agency's Project XL and
Other Reform Initiatives: The Need for Legislative Authorization, 25 Ecology L.Q. 1 (1998), in Dennis D. Hirsch, Lean
and Green? Environmental Law and Policy and the Flexible
Production
Economy, 79 Indiana L J. 611 (2004).
•
Executive Order 12,898, in The Law of Environmental
Justice: Theories and Procedures to Address Disproportionate
Risks (Michael B. Gerrard ed., 1999), in Jane Chuang, Who
Should Win the Garbage Wars? Lessons from The Low-level Radioactive
Waste Policy Act, 72 Fordham L. Rev. 2403 (2004).
•
Suing under § 1983: The Future after Gonzaga University
v. Doe, 39 Houston L. Rev. 1417 (2003), in Amy M. Reichbach,
The Power Behind the Promise: Enforcing No Child Left
Behind to Improve Education, 45 Boston College L. Rev. 667 (2004).
Profile
of Professor Mank
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| Donna M. Nagy Charles Hartsock
Professor of Law
Associate Dean, Faculty Development
Donna
presented “Private” Corporations with Public
Power as part of the College of Law’s Summer
Faculty Scholarship Series (www.law.uc.edu/faculty/summerscholars04.pdf).
Two of Donna’s scholarly works were cited in prestigious
sources:
•
Reframing the Misappropriation Theory of Insider Trading
Liability: A Post-O’Hagan Suggestion, 59 Ohio St.
L.J. 1223 (1998), in Thomas Lee Hazen, Law of Securities
Regulation (West Group, 2004 Supp.), and Benjamin Alarie,
Dividend Entitlements and Intermediate Default Rules, 9
Stanford J. L. Business & Finance 135 (2004).
•
Securities Litigation and Enforcement: Cases and Materials (West Group, 2003) (with Richard W. Painter & Margaret
V. Sachs), in Amy Gibbs, It’s About Time: The Scope
of Section 804 of the Sarbanes-Oxley Act of 2002, 38 Georgia
L. Rev. 1403 (2004).
Profile
of Professor Nagy
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| Ronna G. Schneider Professor
of Law
Two
of Ronna’s articles were cited in prestigious law
reviews:
•
Sexual Harassment and Higher Education, 65 Texas L. Rev.
525 (1987), in David S. Cohen, Limiting Gebser: Institutional
Liability for Non-harassment Sex Discrimination under Title
IX, 39 Wake Forest L. Rev. 311 (2004).
•
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),
in Aharon R. Junkins, The Establishment Clause’s
Effect on Kosher Food Laws: Will the Jewish Meal Soon Become
Harder to Swallow in Georgia?, 38 Georgia L. Rev. 1067
(2004).
Ronna was pictured with her former law school moot court
debate partner John Kerry on his June campaign stop in Cincinnati:
Kerry Raises $1M in Appearance Here, Cincinnati Post, June
16, 2004, at A1.
Profile
of Professor Schneider
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| Michael E. Solimine Donald
P. Klekamp Professor of Law
Director, Extern Program
Michael
presented Judicial Stratification and the Reputations
of the United States Courts of Appeals, his article
for the Spring 2005 Florida State University symposium
on Empirical
Measures of Judicial Performance (www.law.fsu.edu/journals/
lawreview/judicialperformance.php),
as part of the College of Law’s Summer Faculty Scholarship
Series (www.law.uc.edu/faculty/summerscholars04.pdf)
Several of his books and articles were cited in a variety
of prestigious sources:
•
Constitutional Litigation in Federal and State Courts:
An Empirical Analysis of Judicial Parity, 10 Hastings Const’l
L.Q. 213 (1983), Respecting State Courts: The Inevitability
of Judicial Federalism (Greenwood, 1999) (with James L. Walker),
and Supreme Court Monitoring of State Courts in the Twenty-First
Century, 35 Indiana L. Rev. 335 (2002) (with James L. Walker)
in Barry Friedman, Under the Law of Federal Jurisdiction:
Allocating Cases Between Federal and State Courts, 104 Columbia
L. Rev. 1211 (2004).
•
Constitutional Litigation in Federal and State Courts:
An Empirical Analysis of Judicial Parity, 10 Hastings Const’l
L.Q. 213 (1983), Shoring Up Article III: Legislative
Court Doctrine in the Post CFTC v. Schor Era, 68 Boston Univ. L.
Rev. 85 (1988) (with Richard B. Saphire), Rethinking
Exclusive Federal Jurisdiction, 52 Univ. Pittsburgh L. Rev. 383 (1991),
Removal, Remands, and Reforming Federal Appellate Review, 58 Missouri L. Rev. 287 (1993), and Supreme
Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev.
335 (2002), in Peter W. Low & John C. Jeffries, Jr.,
Federal Courts and the Law of Federal State Relations (Foundation
Press, 5th ed. 2004).
•
Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev.1165 (1990), in Stephen C. Yeazell,
Civil Procedure (Aspen, 6th ed. 2004).
•
Next Word? Congressional Response to Supreme Court Statutory
Decisions, 65 Temple Law Review 425 (1992)(with James L.
Walker), in Jeb Barnes, Overruled? Legislative Overrides,
Pluralism, and Contemporary Court-Congress Relations (Stanford
Univ. Press 2004).
•
Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L.J. 51(1992), in Jason Webb Yackee,
A Matter of Good Form: The (Downsized) Hague Judgments
Convention and Conditions of Formal Validity for the Enforcement
of
Forum Selection Agreements, 53 Duke L.J. 1179 (2004).
•
Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with
Susan E. Wheatley), in Gregory C. Sisk, et al, Searching
for the Soul of Judicial Decisionmaking: An Empirical Study
of Religious Freedom Decisions, 65 Ohio St. L.J. 491 (2004).
•
The Three-Judge District Court in Voting Rights Litigation, 30 Michigan J. L. Reform 79 (1996), in C. Bryan Wilson, Note,
What's a Federalist to Do? The Impending Clash between
Textualism and Federalism in State Congressional Redistricting
Suits
under Article I, Section 4, 53 Duke L.J. 1367 (2004).
•
The Quiet Revolution in Personal Jurisdiction, 73 Tulane
L. Rev. 1 (1998), in Roxanne Barton Conlin & Gregory
S. Cusimano, ATLA’s Litigating Tort Cases (West Group,
2004 Supp.).
•
Competitive Federalism and Interstate Recognition of
Marriage, 32 Creighton L. Rev. 83 (1998), in Kevin J. Worthen, Who
Decides and What Difference Does it Make? Defining Marriage
in “Our Democratic, Federal Republic,” 18 BYU
J. Public Law 273 (2004).
•
Deciding to Decide: Class Action Certification and Interlocutory
Review by the United States Courts of Appeals Under Rule
23(f), 41 William & Mary Law Review 1531 (2000)(with
Christine Oliver Hines, College of Law Class of 1999), in
Richard L. Marcus & Edward F. Sherman, Complex Litigation (West Group, 4th ed. 2004).
•
The False Promise of Judicial Elections in Ohio, 30 Capital
L. Rev. 559 (2002) (symposium), in Steven Zeidman, To
Elect or Not to Elect: A Case Study of Judicial Selection
in New
York City 1977-2000, 37 Univ. Michigan J. L. Reform 791 (2004).
•
Formalism, Pragmatism, and the Conservative Critique
of the Eleventh Amendment, 101 Michigan L. Rev.1463
(2003), in Richard H. Fallon, et al., Hart & Wechsler’s
The Federal Courts and the Federal System (Foundation
Press, 2004 Supp.).
Profile
of Professor Solimine
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| Adam
N. Steinman Assistant Professor of Law
Adam
joined the faculty over the summer from Perkins Coie in
Seattle. (www.law.uc.edu/current/newfac04/index.html).
He published A Constitution for Judicial Lawmaking, 65
Univ. Pittsburgh L. Rev. 545 (2004).
Adam wrote an amicus brief for the National
Association of Criminal Defense Lawyers (NACDL), which contributed
to the Court’s decision in Blakely v. Washington, 124
S.Ct. 2531 (2004), holding that facts supporting an exceptional
sentence in excess of the standard sentencing range must
be found by a jury beyond a reasonable doubt. Justice Scalia’s
majority opinion specifically mentioned the NACDL brief,
and various media accounts have noted NACDL’s involvement
in the case (e.g., Linda Greenhouse, Justices, in 5-4
Vote, Raise Doubts on Sentencing Rules, N.Y. Times, June 25, 2004
(www.nytimes.com/2004/06/25/politics/25SCOT.final.html?
ex=1094616000&en=a47c0ecfe61ef463&
ei=5070&pagewanted=prit&position=)).
Adam’s article, Reconceptualizing Federal Habeas
Corpus for State Prisoners: How Should AEDPA’s Standard of
Review Operate After Williams v. Taylor?, 2001 Wisconsin
L. Rev. 1493, was cited in Magery I. Miller, Note, A
Different View of Habeas: Interpreting AEDPA’s “Adjudicated
on the Merits” Clause When Habeas Corpus Is Understood
as an Appellate Function of the Federal Courts, 72 Fordham
L. Rev. 2593 (2004).
Profile
of Professor Steinman
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| Joseph
P. Tomain Dean & Nippert Professor
of Law
On
August 27, Joe resigned as Dean of the College of Law, effective
October 1 (www.law.uc.edu/current/tomain041001/index.html).
Several of his scholarly works were cited in prestigious
law reviews:
•
Regulatory Law and Policy: Cases and Materials (LexisNexis,
3d ed. 2003) (with Sidney A. Shapiro), in Harry N. Niska,
The European Union Trips over the U.S. Constitution:
Can the First Amendment Save the Bologna that has a First
Name?, 13 Minnesota J. Global Trade 413 (2004).
•
networkindustries.gov.reg, 48 Kansas. L. Rev. 829 (2000),
in Reza Dibadj, Saving Antitrust, 75 Univ. Colorado
L. Rev. 745 (2004).
In addition, Joe was listed as a Legal Expert Participant
in Theodore W. Ruger, et al., The Supreme Court Forecasting
Project: Legal and Political Science Approaches to Predicting
Supreme Court Decisionmaking, 104 Columbia L. Rev. 1150
(2004).
Profile
of Dean Tomain
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| Ingrid Brunk Wuerth Associate
Professor of Law
Ingrid
completed an article, Courts and the President’s
War Powers: The Promise and Pitfalls of International Law
as an Interpretive Tool, which is circulating among
various law reviews. She presented the article as part
of the College
of Law’s Summer Faculty Scholarship Series (www.law.uc.edu/faculty/summerscholars04.pdf).
Ingrid’s forthcoming article, The President’s
Power to Detain Enemy Combatants: Modern Lessons from Mr.
Madison's Forgotten War, 98 Northwestern Univ. L. Rev.
___ (2004) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=467344),
was cited by Justice Scalia in his dissenting opinion in
Hamdi v. Rumsfeld, 124 S.Ct. 2633 (2004) (www.law.uc.edu/current/makingnews04sum/index.html#wuerth).
The article also was cited by Stephen I. Vladeck, Note, The
Detention Power, 22 Yale Law & Policy Rev. 153 (2004).
Ingrid’s article, Private Religious Choice in
German and American Constitutional Law: Government Funding
and Government
Religious Speech, 31 Vanderbilt. J. Transnational L. 1127
(1998), was cited in Edward J. Eberle, Free Exercise
of Religion in Germany and the United States, 78 Tulane L. Rev. 1023
(2004). She was quoted in Salyers Held Off on Filing
Suit, Columbus Dispatch, June 11, 2004, at C1.
Profile
of Professor Wuerth
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Faculty News is edited by Paul
L. Caron, Charles Hartsock Professor of Law and
Director of Faculty Projects.
Back issues can be accessed from the Faculty News Archive.
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