Faculty News: December 2009
Marjorie Corman Aaron
Professor of Clinical Law and Director, Center for Practice
Marjorie presented an evening seminar on negotiation for the Women’s Institute for Leadership Development.
Timothy K. Armstrong
Associate Professor of Law
Tim’s article, Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), was cited in Derek E. Bambauer, Cybersieves, 59 Duke L.J. 377 (2009).
Professor of Clinical Law
Marianna published another Legally Speaking column in the Cincinnati Herald and the American Israelite: More about Medical Records. She gave a CLE presentation on The Most Important Cases of the Ohio Supreme Court (June 2008 - June 2009) to the UC Law School Alumni Association.
Marianna made a presentation on Selecting Judges in Ohio to a class of the Osher Lifelong Learning Institute. She was quoted in Court Bans Mom from Smoking near Child, Cincinnati Enquirer, Nov. 8, 2009.
Marianna attended a two-day conference in Columbus on A Forum on Judicial Selection: A Time for Action by invitation of Chief Justice Thomas Moyer, the Ohio State Bar Association, and the League of Women Voters of Ohio Education Fund.
Marianna helped prepare Kurt Gee of the Domestic Violence clinic for his argument before the First District Court of Appeals (along with Jenny Carroll and Margaret Drew). She arranged for state and local representatives of the CBA Character and Fitness Committee and the Ohio Board on Character and Fitness to meet with the UC Professional Development Committee to form more productive liaisons on this issue.
Dean & Nippert Professor of Law
Lou welcomed new UC President Gregory H. Williams to an informal reception at the College.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara and her Corporate Law Center presented its third annual program with the Association of Corporate Counsel – Southwest Ohio Chapter, on The Role of Corporate Counsel During a Time of Economic Crisis. Speakers included the General Counsels of Fifth Third Bank and Macy’s and several other distinguished local corporate attorneys, as well as Professor Edward Janger, a recognized bankruptcy expert at Brooklyn Law School.
Barbara’s article, Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), was cited in James J. Park, Shareholder Compensation as Dividend, 108 Mich. L. Rev. 323 (2009). Her blog post, Will Proxy Access Be Here Soon?, Securities Law Prof Blog, Aug. 20, 2009, was cited in Micah Bloomfield, David Lowden, & Theodore S. Lynn, Real Estate Investment Trusts (RIA, 2009 Supp.).
A. Christopher Bryant
Professor of Law
Chris attended the AALS Recruiting Conference in Washington, D.C. His article, 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), was cited in Tara Leigh Grove, The Structural Case for Vertical Maximalism, 95 Cornell L. Rev. 1 (2009).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 10 issues of Tax Law & Policy (vol. 10, nos. 51-60)
- 3 issues of Practitioner Series (vol. 9, nos. 21-23)
- 6 issues of International & Comparative Tax (vol. 9, nos. 19-24)
Paul’s article, Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, 84 Wash. U. L. Rev. 1025 (2006), was cited in Steven Keslowitz, The Transformative Nature of Blogs and Their Effects on Legal Scholarship, 2009 Cardozo L. Rev. de•novo 252.
Jenny E. Carroll
Visiting Assistant Professor of Law
Jenny's article, Of Rebels, Rogues and Roustabouts: The Jury's Second Coming, was featured on Doug Berman's Sentencing Law & Policy Blog, A Potent Pitch for Potent Jury Power after Apprendi. She helped prepare Kurt Gee of the Domestic Violence clinic for his argument before the First District Court of Appeals (along with Marianna Bettman and Margaret Drew).
Profile of Professor Carroll
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret attended a meeting of the ABA Commission on Domestic Violence in Washington, D.C. She filed an amicus brief in the U.S. Supreme Court case of Abbott v. Abbott, supporting the mother and addressing the best interest of the child in a case brought in a Hague by the father after the mother moved from Chile to the United States with the parties' son.
Margaret co-chaired a meeting of the Hamilton County Fatality Review Committee. She helped prepare Kurt Gee of the Domestic Violence clinic for his argument before the First District Court of Appeals (along with Marianna Bettman and Jenny Carroll).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark spoke at an event sponsored by the ACLU of Ohio regarding the Ohio Innocence Project's legislation, SB77, which is currently pending in the House of Representatives. He also spoke along with exoneree, Robert McClendon, on DNA and junk science at the Death Penalty Seminar in Columbus sponsored by the Ohio Association of Criminal Defense Lawyers.
Mark was featured in Area Universities Team up to Educate Retired Adults, Hamilton Journal-News, Nov. 3, 2009.
Professor of Law and Criminal Justice
Christo was quoted in:
- Canton Repository: UC Professor Speaks at Veterans Day Event, UC News, Nov. 10, 2009.
- Hoover Honors Area Veterans, CantonRep.com, Nov. 10, 2009.
- Ceremonies and Special Events to Honor Veterans, Akron Beacon Journal, Nov. 10, 2009.
James B. Helmer, Jr. Professor of Law
Brad published The Supreme Court’s New Public-Private Distinction under the Dormant Commerce Clause: Avoiding the Traditional versus Nontraditional Classification Trap, 37 Hastings Const. L.Q. 1 (2009). His article, Summers v. Earth Island Institute Rejects Probabilistic Standing, But a 'Realistic Threat' of Harm is a Better Standing Test, 40 Envtl. L. ___ (2010), was featured on Larry Solum's Legal Theory Blog.
Several of Brad’s articles were cited:
- Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decision making Is Better than Judicial Literalism, 53 Wash. & Lee L. Rev. 1231 (1996), in Norman J. Singer, Sutherland Statutes and Statutory Construction (Thomson-West, 2009 Supp.).
- A Scrivener’s Error or Greater Protection of the Public: Does the EPA Have the Authority to Delist “Low-Risk” Sources of Carcinogens From Section 112's Maximum Available Control Technology Requirements?, 24 Va. Envtl. L.J. 75 (2005); and What Comes After Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stan. Envtl. L.J. 263 (1994), in Alex Jackson, EPA's Fuzzy Bright Line Approach to Residual Risk, 36 Ecology L.Q. 439 (2009).
Assistant Professor of Law
Darrell published Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. 1278 (2009), which drew a response from Eugene Volokh (UCLA),The First and Second Amendments, 109 Colum. L. Rev. Sidebar 97 (2009). Darrell responded in A Short Reply to Professor Volokh, 109 Colum. L. Rev. Sidebar 105 (2009).
Darrell was quoted in:
- Defendants in Taser Lawsuit File Response, Ironton Tribune, Nov. 18, 2009.
- Ironton (Ohio) Tribune: UC Law Prof Discusses Aspects of Taser Suit, UC News, Nov. 18, 2009.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas completed a manuscript, Brief Rating of Aggression by Children and Adolescents (BRACHA): Development of a Tool to Assess Risk of Inpatients’ Aggressive Behavior (with Drew Barzman, Lauren Brackenbury, Loretta Sonnier, Beverly Schnell, Amy Cassedy, Shelia Salisbury, & Michael Sorter). He published Testifying for Civil Commitment: Help Unwilling Patients Get Treatment They Need, 8 Current Psychiatry 50 (2009) (with B. Todd Thatcher).
Douglas made the following presentations:
- Connecting Which Dots? Problems in Detecting Uncommon Events, Annual Meeting of the Association for Treatment of Sexual Abusers, Dallas.
- What Can We Learn from Recent Antipsychotic Drug Litigation?, Does the Law Recognize a Specific Competence to Divorce?, and Incompetent Defendants: Probability of Restoration, Annual Meeting of the American Academy of Psychiatry and the Law, Baltimore.
- Does the Law Recognize a Distinct Form of Competence to Maintain a Divorce Action? Summit Behavioral Healthcare, Cincinnati, Ohio, Nov. 12, 2009.
The story of Douglas’s new model of expert witnesses performance, which was first run in UC News, was featured in Science Daily, PhysOrg.com, and HealthLawProf Blog, and then picked up by the following media: NewsRx Health, Oncology Business Week, Women’s Health Law Weekly, Medical Imaging Week, Mental Health Business Week, Mental Health Law Weekly, Obesity, Fitness, and Wellness Week, Telemedicine Law Weekly, Biotech Law Weekly, Healthcare Finance, Tax, & Law Weekly, Physician Law Weekly, Pharma Law Weekly, Clinical Oncology Week, and Pain & Central Nervous System Week.
Several of Douglas’ articles were cited:
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in G. Parent, J. P. Guay, & R.A. Knight, Contribution of Regression Tree Approach in the Prediction of Recidivism in Adult Sexual Offenders, 59 Eur. Rev. Applied Psychol.-Rev. Eur. de Psychol. Appliquee 265 (2009).
- Conventional and Atypical Antipsychotics and the Evolving Standard of Care, 51 Psychiatric Serv. 1528 (Dec. 2000) (with Douglas S. Lehrer), in Rosa Liperoti, et al., All-Cause Mortality Associated with Atypical and Conventional Antipsychotics among Nursing Home Residents with Dementia: A Retrospective Cohort Study, 79 J. Clin. Psychiatry 1340 (2009).
- Critique of Pure Risk Assessment or, Kant Meets Tarasoff, 75 U. Cin. L. Rev. 523 (2006), in Mark Herman, The Liability of Clergy for the Acts of Their Congregants, 98 Geo. L.J. 153 (2009); and W. Jonathan Cardi, A Pluralistic Analysis of the Therapist/Physician Duty to Warn Third Parties, 44 Wake Forest L. Rev. 877 (2009).
- Maximizing Diagnostic Information from the Dexamethasone Suppression Test: An Approach to Criterion Selection Using Receiver Operating Characteristic Analysis, 46 Archives of Gen. Psychiatry 653 (1989) (with Eugene Somoza), in Stephanie L. Willard, et al., Anterior Hippocampal Volume Is Reduced in Behaviorally Depressed Female Cynomolgus Macaques, 34 Psychoneuroendocrinology 1469 (2009).
- Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation, (with Jill L. Steinberg), 13 Mich. St. U. J. Med. & L. 263 (2009), in Charles S. Zimmerman, Pharmaceutical and Medical Device Litigation (Thomson West, 2009).
- Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Acad. of Psychiatry & L. 34 (2007), in Michael J. Finkle, et al., Competency Courts: A Creative Solution for Restoring Competency to the Competency Process, 27 Behav. Sci. & L.767 (2009).
- Resampling Techniques in the Analysis at Non-binormal ROC Data, 15 Med. Decis. Making 358 (1995), in David R. Parker, Development of a Bayesian Framework for Determining Uncertainty in Receiver Operating Characteristic Curve Estimates, 22 IEEE Transactions on Knowledge & Data Engineering 31 (2010).
Associate Dean for Curriculum and Student Affairs
and Professor of Legal Research and Writing
Ronna Greff Schneider
Professor of Law
Ronna’s book, Education Law Stories, (Foundation Press, 2008) (with Michael A. Olivas (Houston)), was favorably reviewed by J. Douglas Toma (Institute of Higher Education, University of Georgia) in 80 J. Higher Educ.
Rachel Jay Smith
Associate Professor of Legal Research and Writing
Rachel was reappointed as an Associate Professor of Legal Research and Writing under a a new five year contract. She participated in the Stetson Virtual Legal Writing Conference on Outcomes and Assessments.
Rachel is participating in the year-long Course Redesign Seminar offered by the University of Cincinnati Center for the Enhancement of Teaching & Learning. She assisted Margaret Drew in the amicus brief in the U.S. Supreme Court case of Abbott v. Abbott.
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael published Ex parte Young: An Interbranch Approach, 40 U. Tol. L. Rev. 999 (2009), as part of the Symposium, Ex parte Young: The Font of Federal Rights Enforcement Celebrating the Centennial 1908-2008.
Several of Michael’s articles were cited.
- Congress, Ex Parte Young, and the Fate of the Three-Judge District Court, 70 U. Pitt. L. Rev. 101 (2008), in Barry Friedman, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (Farrar, Straus and Giroux, 2009); Barry Friedman, The Story of Ex parte Young: Once Controversial, Now Canon, in Federal Courts Stories (Vicki C. Jackson & Judith Resnik, eds., Foundation Press, 2009); and Jeffrey J. Rachlinski, et al., Does Unconscious Racial Bias Affect Trial Judges?, 84 Notre Dame L. Rev. 1195 (2009).
- Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals under Rule 23(f), 41 Wm. & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines), in Alba Conte & Herbert B. Newberg, Newberg on Class Actions (Thomson/West, 4th ed. 2009 Supp.).
- The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Judith Resnik & Vicki C. Jackson, The Idea of a Jurisdiction, a Course, and a Canon: Introducing Federal Courts Stories, in Federal Courts Stories (Vicki C. Jackson & Judith Resnik, eds. Foundation Press, 2009); Jamison E. Colburn, Splitting the Atom of Property: Rights Experimentalism as Obligation to Future Generations, 77 Geo. Wash. L. Rev. 1411 (2009); Wayne A. Logan, Contingent Constitutionalism: State and Local Criminal Laws and the Applicability of Federal Constitutional Rights, 51 Wm. & Mary L. Rev. 143 (2009); and Jack F. Preis, Constitutional Enforcement by Proxy, 95 Va. L. Rev. 1663 (2009).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in Robert J. Hume, How Courts Impact Federal Administrative Behavior (Routledge, 2009); and Martin S. Masar III, Effects of the Federal Circuit Judges on Hatch-Waxman Litigation, 19 DePaul J. Art., Tech. & Intell. Prop. L. 315 (2009).
- Rethinking Feminist Judging, 70 Ind. L.J. 891 (1995) (with Susan E. Wheatley), in Dwight Aarons, A Nuts and Bolts Approach to Teaching for Social Change: A Blueprint and a Plan of Action, 76 Tenn. L. Rev. 405 (2009); and Beverly Baines, Contextualism, Feminism, and a Canadian Woman Judge, 17 Fem. Legal Stud. 27 (2009).
- Recalibrating Justiciability in Ohio Courts, 51 Clev. St. L. Rev. 531 (2004), in Bradford Mank, Standing and Statistical Persons: A Risk-Based Approach to Standing, 36 Ecology L. Q. 665 (2009).
- State Court Regulation of Offers of Judgment and Its Lessons For Federal Practice, 13 Ohio St. J. Disp. Res. 51 (1997) (with Bryan Pacheco), in Elaine A. Grafton Carlson & Roy McDonald, McDonald & Carlson Texas Civil Practice (Lawyers Coop. 2d ed. 2009 Supp.); and Steven H. Steinglass, Section 1983 Litigation in State Courts (Clark Boardman Callaghan, 2009 Supp.).
Michael was quoted on Maine’s recent repeal of legislation approving of same-sex marriage in Flash Mob Protests Maine Legislation, UC News Record, Nov. 10, 2009.
Professor of Law
Adam presented The Pleading Problem, 62 Stan. L. Rev. ___ (2010), at Ohio State as part of our Scholar Exchange Program. His article, 'Less' is 'More'? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle, 92 Iowa L. Rev. 1183 (2007), was cited in D. Zachary Hudson, A Case for Varying Interpretive Deference at the State Level, 119 Yale L.J. 373 (2009).
Profile of Professor Steinman
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Dean Tomain Chaired the ABA Section on Legal Education and Admissions to the Bar Site Visit for Elon School of Law.
He also Chaired the Board meeting of the KnowledgeWorks Foundation and attended Board meetings of the Mercantile Library and the Greater Cincinnati Foundation.
Dean Tomain delivered a paper, The Cardinal and the Casino, at the Literary Club of Cincinnati. The paper discusses the role of the Villa Borghese in developing the world’s most important Baroque art collection. In particular, the paper paid particular attention to the work of Gian Lorenzo Bernini and Caravaggio and how both artists extended the art of the Renaissance.
Dean Tomain presented a talk on his book, Creon’s Ghost, to the annual meeting of the Cincinnati Regional Mensa society and discussed the book as part of a Cincinnati authors program at Joseph-Beth Bookstore.
Dean Tomain’s work on energy policy has been cited in Richard G. Hildreth, David R. Hodes, Nicholas A. Robinson & James Gustave Speth, Climate Change Law: Mitigation and Adaptation (2009). His work on energy policy has also been extensively excerpted in Chris Wold, David Hunter & Melissa Powers, climate Change and the Law (2009).
Joe’s article, False Claims Act Litigation: Whistleblower Qui Tam Suits against Contractors Who Cheat the Government, 47 Admin. L. Rev. 299 (1995), was cited in Cell Therapeutics Inc. v. Lash Group Inc., No. 08-35619, 2009 U.S. App. LEXIS 25297, (9th Cir. Nov. 18, 2009).