Faculty News
December 2004 Issue
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| Rafael
Gely Professor of Law
 Rafael’s
article,
Affirmative Refraction: Grutter v. Bollinger Through
the Lens of The Case of the Speluncean Explorers, 21
Constitutional Commentary ___ (forthcoming 2004) (symposium)
(peer-reviewed) (with Paul Caron) was featured in Volume
6, Issue 2, of the College of Law’s Public
Law & Legal Theory e-journal, published as part
of the Legal Scholarship Network’s Law
School Research Paper Series.
Two of Rafael’s articles were cited
in prestigious law reviews:
• Distilling the Essence of Contract Terms: An
Anti-Antiformalist Approach to Contract and Employment Law,
53 Florida L. Rev. 669 (2001), in Karen Eltis, The
Emerging American Approach to E-mail Privacy in the Workplace:
Its Influence on Developing Caselaw in Canada and Israel:
Should Others Follow Suit?, 24 Comparative Labor L.
& Pol’y J. 487 (2004).
• 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 Jonathan T. Molot, Principled
Minimalism: Restriking the Balance between Judicial Minimalism
and Neutral Principles, 90 Virginia L. Rev. 1753 (2004).
Profile
of Professor Gely
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| Mark
A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute for
Justice, Ohio Innocence Project
 Mark
spoke on Exonerating the Innocent at the annual
Cincinnati Leadership Day to leaders in the business and
legal communities of Greater Cincinnati. He appeared on
Fox
News in Cleveland which aired an extended expose about
the Ohio Innocence Project’s work on the Gary Reese
case. Students in the Innocence Project have uncovered substantial
evidence of Reese’s innocence and hope that he will
be released in early 2005 after spending more than 20 years
in prison for rape and attempted murder. Mark was quoted
in an article about the case in the Cleveland
Plain Dealer. He also was quoted in Judge
Refuses to Grant New Trial, Cincinnati Enquirer, Nov.
5, 2004, at C2.
Mark’s forthcoming article, Rethinking
the Involuntary Confession Rule: Toward a Workable Test
for Identifying Compelled Self-Incrimination, 94 California
L. Rev. _____ (2005) was featured in Volume 6, Issue 2,
of the College of Law’s Public
Law & Legal Theory e-journal published as part of
the Legal Scholarship Network’s Law
School Research Paper Series.
Mark’s article, Miranda’s Final
Frontier—The International Arena: A Critical Analysis
of U.S. v. Bin Laden, and a Proposal for a New
Miranda Exception Abroad, 51 Duke L.J. 1703 (2002),
was cited in Leah Kraft, The Judiciary’s Opportunity
to Protect International Human Rights: Applying the U.S.
Constitution Extraterritorially, 52 Kansas L. Rev.
1073 (2004).
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
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| Bert
B. Lockwood, Jr. Distinguished Service Professor
of Law
Director, Urban Morgan Institute for Human Rights
 Bert
served as Rapporteur to the 27th Annual Colloquium on
Human Rights and Foreign Policy convened in Lausanne,
Switzerland. He participated in the meeting of the Midwest
Coalition on Human Rights convened at the University of
Minnesota. Bert spoke at the University of Dayton to students
interested in careers in human rights.
Bert published the November issue of the Human
Rights Quarterly, which included among its
twelve articles a debate in the ngo community over Kenneth
Roth’s (Exec. Director of Human Rights Watch) article
in the May issue concerning the role of ngo’s in the
promotion and protection of economic and social rights.
Len Rubenstein, Executive Director of Physicians for Human
Rights, criticizes Roth’s approach, to which Roth
responds. Mary Robinson, the former UN High Commissioner
for Human Rights, responds to both Roth and Rubenstein.
The issue also contains a keynote address that Paul Hoffman,
Head of the International Executive Committee of Amnesty
International, was scheduled to deliver on Human Rights
and The War on Terror at a UNESCO Conference in Nantes,
France. When UNESCO indicated that the keynote would not
be published because of US objections, Hoffman cancelled
his participation and asked the HRQ to publish his speech.
The November issue continues the streak: all 90 issues of
the HRQ published during Professor Lockwood’s 23-year
stint as Editor-in-Chief have been mailed to subscribers
in the month of scheduled publication – a record unparalled
in academic publishing.
Profile
of Professor Lockwood :: Urban Morgan Institute for
Human Rights
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| Bradford
C. Mank James B. Helmer Jr. Professor of Law
 As
Chair of the Faculty Appointments Committee, Brad represented
the College of Law at the annual
AALS hiring conference in Washington, D.C.
Several of Brad’s articles were cited
in prestigious law reviews:
• The Environmental Protection Agency's Project
XL and Other Regulatory Reform Initiatives: The Need for
Legislative Authorization, 25 Ecology L.Q. 1 (1998),
in Marcilynn A. Burke, Klamath
Farmers and Cappuccino Cowboys: The Rhetoric of The Endangered
Species Act and Why It (Still) Matters, 14 Duke Envt’l
L. & Pol’y Forum 441 (2004).
• 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), in John C. Eastman, A
Fistful of Denial: The Supreme Court Takes a Pass on Commerce
Clause Challenges to Environmental Laws, 2004 Cato Supreme
Court Rev. 469 (2004).
• Using §1983 to Enforce Title VI's Section
602 Regulations, 49 Kansas L. Rev. 321 (2001), in Maurice
R. Dyson, Safe
Rules or Gays' Schools? The Dilemma of Sexual Orientation
Segregation in Public Education, 7 Univ. Pennsylvania.
J. Const’l L. 183 (2004).
Profile
of Professor Mank
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| Donna
M. Nagy Interim Dean and Charles Hartsock Professor
of Law
 Along
with the Faculty Appointments Committee, Donna represented
the College of Law at the annual
AALS hiring conference in Washington, D.C. where she
met with DC-area alumni. Donna attended a meeting of the
BLAC-CBA Round Table steering committee and the Round Table’s
Reception for First Year Minority Law Students. She attended
a West Campus briefing on UC|21
Implementation and a regular meeting of the University's
Board of Trustees.
Donna’s forthcoming article, Playing
Peekaboo with Constitutional Law: The PCAOB and its Public/Private
Status, 80 Notre Dame L. Rev. (forthcoming 2005), was
featured in Volume 6, Issue 2, of the College of Law’s
Public
Law & Legal Theory e-journal, published as part
of the Legal Scholarship Network’s Law
School Research Paper Series.
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 Nina A. Mendelson, Chevron
and Preemption, 102 Michigan L. Rev. 737 (2004).
Profile
of Dean Nagy
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| Michael
E. Solimine Donald P. Klekamp Professor of Law
Director, Extern Program
 Michael
served on a pupilage group presentation on Appeals at the
Potter Stewart American Inn of Court. Several of his articles
were cited in prestigious sources:
• Ideology and En Banc Review,
67 North Carolina L. Rev. 29 (1988), in Virginia A. Hettinger
et al., Comparing Attitudinal and Strategic Accounts
of Dissenting Behavior on the U.S. Courts of Appeals,
48 American J. of Political Science 123 (2004).
• Forum-Selection Clauses and the Privatization
of Procedure, 25 Cornell Int’l L.J. 51 (1992),
was cited in Eugene F. Scoles, et al., Hornbook on Conflict
of Laws (West Group, 4th ed. 2004).
• 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 the November
2004 update to Michael E. & Jane B. Tigar, Federal
Appeals Jurisdiction and Practice, (West Group, 3d ed.
1999).
Profile
of Professor Solimine
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| Joseph
P. Tomain Professor of Law
 Joe’s
forthcoming article,
Junk Economics, 92 Georgetown L.J. (forthcoming 2004)
(reviewing Frank Ackerman & Lisa Heinzerling, Priceless:
On Knowing the Price of Everything and the Value of Nothing
(2004)), was featured in Volume 6, Issue 2, of the College
of Law’s Public
Law & Legal Theory e-journal, published as part
of the Legal Scholarship Network’s Law
School Research Paper Series.
Joe’s article, Institutionalized
Conflict between Law and Policy, 22 Houston L.Rev.
661 (1985) was cited in the 2004-05 pocket part to Charles
H. Koch, Jr.’s Administrative
Law and Practice (West, 2d ed., 1997).
Profile
of Professor Tomain
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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.
|
Marjorie
taught a CLE session on Ethics in Negotiation and Mediation
for the UC Law Alumni Association
Marianna’s
monthly for the American Israelite and Cincinnati Herald
was on Bush v. Schiavo, the Florida Supreme Court
decision invalidating an attempt by the legislature to undo
a court decision allowing the husband of a woman in a persistent
vegetative state the right to discontinue her life support.
She was quoted in the Cincinnati Enquirer story, 
Joseph’s
article, Monetary Penalties in Thirteenth-Century England,
was accepted for publication by the 
As
a member of the Faculty Appointments Committee, Chris represented
the College of Law at the annual 
Paul
launched two new blogs as part of his 
Emily’s
article, 
Christo
was quoted in 
Betsy’s
article, Revisiting the Public/Private Distinction:
Employee Monitoring in the Workplace, 32 Georgia L.
Rev. 825 (1998), was cited in Karen Eltis, 
Adam’s
article 
Suja’s
article Re-Examining the Constitutionality of Remittitur
Under the Seventh Amendment, 64 Ohio State L.J. 731
(2003), was cited in John C.P. Goldberg et al., Tort
Law: Responsibilities and Redress (Aspen 2004), and
is the subject of a note in the forthcoming 4th edition
of Martin Redish et al., Civil Procedure: A Modern Approach
(West).
Two
of Verna’s articles were cited in prestigious law
reviews:
Ingrid
gave a faculty workshop on Courts, Constitutional Method
and the Commander in Chief Power: Using International Law
to Demarcate the President's War Powers at Salmon P.
Chase College of Law, Northern Kentucky University. At the
request of Neal Katyal (Georgetown), Ingrid and Chris Bryant
have agreed to write an amicus brief in Hamdan v. Rumsfeld,
the Guantanamo Bay case involving the man who allegedly
served as a driver for Osama bin Laden