Faculty News
January 2005 Issue
 |
 |
 |
 |
| A. Christopher Bryant Associate
Professor of Law
The
Reappointment, Promotion, and Tenure Committee, Tenured
Faculty, and Dean all approved Chris’s application
for promotion to Professor of Law with tenure, effective
September 2005. Congratulations Chris!
Chris and Ingrid Wuerth wrote an amicus
brief on behalf of the Urban Morgan
Institute in Hamdan v. Rumsfeld, the Guantanamo Bay case
in the D.C. Circuit involving the
man who allegedly served as a driver for Osama bin Laden.
Two of Chris’s articles were cited in
prestigious law reviews:
•
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. Simeone), in
Ernest A. Young, The
Rehnquist Court's Two Federalisms, 83
Texas L. Rev. 1 (2004).
•
Quirin Revisited, 2003 Wisconsin L. Rev. 309 (2003) (with
Carl Tobias) in Juliet Stumpf, Citizens
of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional
Rights of
the Pseudo-Citizen, 38 U.C.-Davis L. Rev. 79 (2004).
Profile
of Professor Bryant
|
|  |
 |
 |
 |
 |
 |
 |
 |
| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
Paul
published Affirmative
Refraction: Grutter v. Bollinger Through the Lens of The
Case of the Speluncean Explorers,
21 Constitutional Commentary 63 (2004) (symposium) (peer-reviewed)
(with Rafael Gely).
Foundation Press approved the 19th book in Paul’s
Law
Stories Series:
Race and the Law Stories (Devon Carbado (UCLA) & Rachel
Moran (UC-Berkeley)).
Robert T. Danforth (Washington & Lee) called Paul “the
leading authority” on the use of state court decisions
in federal tax litigation in The
Role of Federalism in Administering a National System of
Taxation, 57 Tax Lawyer 625 (2004)
(citing three of Paul’s articles on the subject: The
Federal Tax Implications of Bush v. Gore, 79 Washington
U. L.Q. 749 (2001); The Federal Courts of Appeals’ Use
of State Court Decisions in Tax Cases: “Proper Regard” Means “No
Regard,” 46 Oklahoma L. Rev. 443 (1993); and The
Role of State Court Decisions in Federal Tax Litigation: Bosch,
Erie, and Beyond, 71 Oregon L. Rev. 781 (1992)).
Tax Notes, the leading weekly tax journal, called Paul’s
TaxProf Blog “the
undisputed champion of tax blogging.”
He launched another new blog as part of his Law
Professor Blogs Network: Law
Librarian Blog,
edited by Joe Hodnicki (Cincinnati).
Paul published several issues of his Tax Law Abstracts SSRN e-journals:
•
4 issues of Tax Law & Policy (vol. 5, nos. 45-48).
•
4 issues of Practitioner Series (vol. 4, nos. 45-48).
•
1 issue of International & Comparative Tax (vol. 4, no.14)
(co-edited with Robert A. Green (Cornell)).
Profile
of Professor Caron
|
|  |
 |
 |
 |
 |
 |
 |
 |
| Mark
A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute
for Justice, Ohio Innocence Project
Mark
and his students in the Ohio Innocence Project convinced
the Ohio Parole Board to grant release to inmate Gary Reece,
who has served 25 years of a maximum 75-year sentence for
rape and attempted murder. The Parole Board had denied
parole to Reece in the past, but changed its position citing
the evidence of innocence compiled in a brief the Innocence
Project submitted to the Board. Reece is scheduled to gain
his freedom on February 22nd. The victory received statewide
coverage in the Cleveland
Plain Dealer
and Cincinnati
Post,
among other newspapers. The case also aired as the lead
news story on several local television news programs, and
was the subject of an extended, multi-episode expose of
the case, which featured interviews with Mark and his students,
on the Foxs news channel in Cleveland.
Mark was a featured guest on Channel 12's “Newsmakers” show
on December 26th, where he was interviewed about the Gary
Reece case and the Ohio Innocence Project. He also spoke
at length about the case on the WKRC’s “Morning
Show” and on NPR.
Mark and his recent successes in practice, teaching, and
scholarship were profiled by Jack Chin (Arizona) on CrimProf
Blog.
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
|
|  |
 |
 |
 |
 |
 |
 |
 |
| Bradford C. Mank James
B. Helmer Jr. Professor of Law
Brad
published Are Anti-Retaliation Regulations in Title
VI or Title IX Enforceable in a Private Right of Action:
Does Sandoval or Sullivan Control
This Question?, 35 Seton Hall
L. Rev. 47 (2004).
Several of Brad’s articles were cited
in prestigious law reviews:
•
Reforming State Brownfield Programs to Comply with Title
VI, 24 Harvard. Envt’l L. Rev. 115 (2000), in Wendy
E. Wagner, Commons
Ignorance: The Failure of Environmental Law to Produce Needed
Information on Health and the Environment,
53 Duke L.J. 1619 (2004),
and Alexandra Manchik Barnhill, Entrenching
the Status Quo: The Ninth Circuit Uses Preemption Doctrines
to Interpret
CERCLA as Setting a Ceiling for Local Regulation of Environmental
Problems, 31 Ecology L.Q. 487 (2004).
•
The Murky Future of the Clean Water Act after SWANCC:
Using a Hydrological Connection Approach to Saving the Clean
Water
Act, 30 Ecology L.Q. 811 (2003), in Caitlin Sislin, After
SWANCC, the Fourth and Fifth Circuits Dispute Federal Jurisdiction
over Non-Navigable Waterways, 31 Ecology L.Q. 745 (2004).
•
Textualism’s Selective Canons of Statutory Construction:
Reinvigorating Individual Liberties, Legislative Authority,
and Deference to Executive Agencies, 86 Kentucky. L.J. 527
(1998), in John F. Manning, Continuity
and the Legislative Design, 79 Notre Dame L. Rev. 1863 (2004)
Profile
of Professor Mank
|
|  |
 |
 |
 |
 |
 |
 |
 |
| Michael E. Solimine Donald
P. Klekamp Professor of Law
Director, Extern Program
Michael
published The Selection of Judges in Ohio (with Richard
B. Saphire (Dayton)), a chapter in The History of Ohio
Law (Michael Les Benedict & John Winkler, eds., Ohio
University Press 2004).
Several of Michael’s articles were cited in prestigious
sources:
•
Shoring Up Article III: Legislative Court Doctrine in
the Post CFTC v. Schor Era, 68 Boston U. L. Rev. 85 (1988) (with
Richard B. Saphire), in James E. Pfander, Article
I Tribunals, Article III Courts, and the Judicial Power of
the United
States, 118 Harvard L. Rev. 643 (2004).
•
Judicial Influence: A Citation Analysis of Federal Courts
of Appeals Judges, 27 J. Legal Studies 271 (1998) (with William
M. Landes & Lawrence Lessig), in Stephen J. Choi & G.
Mitu Gulatis, Choosing
the Next Supreme Court Justice: An Empirical Ranking of Judge
Performance, 78 Southern California
L. Rev. 23 (2004) ,
and William P. Marshall, Be
Careful What You Wish For: The Problems with Using Empirical
Rankings to Select Supreme
Court Justices, 78 Southern California L. Rev. 119 (2004).
•
Supreme Court Monitoring of State Courts in the Twenty-First
Century, 35 Indiana L. Rev. 335 (2002), in Stewart E. Sterk,
The
Federalist Dimension of Regulatory Takings Jurisprudence,
114 Yale L.J. 203 (2004).
•
Constitutional Litigation in Federal and State Courts:
An Empirical Analysis of Judicial Parity, 10 Hastings Const’l
L.Q. 213 (1983) (with James L. Walker), in Steven Semeraros,
A
Reasoning-Process Review Model for Federal Habeas Corpus,
94 J. Criminal L. & Criminology 897 (2004).
•
The Next Word: Congressional Response to Supreme Court
Statutory Decisions, 65 Temple Law Review 425 (1992)(with James L.
Walker), in Mark C. Miller, The View of the Courts from
the Hill: A Neoinstitutional Perspective, and Lawrence Baum & Lori
Hausegger, The Supreme Court and Congress: Reconsidering
the Relationship, in Making Policy, Making Law:
An Interbranch Perspective (Mark C. Miller & Jeb Barnes, eds., Georgetown
University Press 2004).
Michael’s work was one of four pieces used as the
foundation for Legal Affairs’ poll to determine the “Top
20 Legal Thinkers in America”.
Profile
of Professor Solimine
|
|  |
 |
 |
 |
 |
 |
 |
 |
| Ingrid Brunk Wuerth Associate
Professor of Law
The
Reappointment, Promotion, and Tenure Committee, Tenured
Faculty, and Dean all approved Ingrid’s application
for promotion to Professor of Law with tenure, effective
September 2005. Congratulations Ingrid!
Ingrid presented Authorizations for the Use of Force,
International Law, and the Charming Betsy Canon, at a conference at Georgetown
University. Ingrid and Chris Bryant wrote an amicus
brief on behalf of the Urban Morgan
Institute in Hamdan v. Rumsfeld, the Guantanamo Bay case
in the D.C. Circuit involving the
man who allegedly served as a driver for Osama bin Laden.
Ingrid’s article, Private Religious Choice in
German and American Constitutional Law: Government Funding
and Government
Religious Speech, 31 Vanderbilt J. Transnat’l L. 1127
(1998), was cited in Steven H. Shiffrin, The
Pluralistic Foundations of the Religion Clauses, 90 Cornell L. Rev. 9
(2004).
Profile
of Professor Wuerth
|
|  |
 |
 |
 |
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.
|