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Faculty News: April 2009

Faculty News April 2009 Issue

Timothy Armstrong

Timothy K. Armstrong
Assistant Professor of Law

Tim hosted a faculty-student brownbag lunch on his article, Fair Circumvention, 74 Brook. L. Rev. 1 (2008).

Tim's article, Digital Rights Management and the Process of Fair Use, 20 Harv. L.J. & Tech. 49 (2006), was cited in Ali Matin, Digital Rights Management (DRM) in Online Music Stores: DRM-Encumbered Music Downloads' inevitable Demise As a Result of the Negative Effects of Heavy-Handed Copyright Law, 28 Loy. L.A. Ent. L. Rev. 265 (2008); and Steven J. Horowitz, Note, Designing the Public Domain, 122 Harv. L. Rev. 1489 (2009).

Profile of Professor Armstrong

Lin (Lynn) Bai

Lin (Lynn) Bai
Assistant Professor of Law

Lynn presented her latest paper, Deterring Double-Play Manipulation in Financial Crisis—Increasing Transaction Cost as a Regulatory Tool, 35 N.C. J. Int'l L. & Com. Reg. __ (2009) (with Rujing Meng (University of Hong Kong, Department of Finance and Economics)), at the University of Kentucky as part of the College's Scholar Exchange Program.

Lynn was quoted in Betting on Bad Corporate News, Contra Costa Times, Mar. 17. 2009.

Profile of Professor Bai

Marianna Bettman

Marianna Bettman
Professor of Clinical Law

Marianna published a column in the American Israelite and the Cincinnati Herald, The Right to Confront Witnesses, which addressed the following questions: 1) Can a lawyer waive a client’s right to confront witnesses against him? and 2) Can a laboratory report be admitted into evidence without the analyst who did the testing being present at trial and subject to cross examination?

Marianna chaired the Truman Scholarship Committee, which awards scholarships to college juniors in Ohio, Indiana, and Kentucky who are committed to public service. She arranged and hosted the oral argument in Arbino v Johnson & Johnson as part of the Judge in Residence Program.

Marianna presented Highlights of the Past Term of the Ohio Supreme Court to the staff of the Cincinnati City Solicitor. She spoke to the Lawyers’ Club of Cincinnati on Punitive Damages.

Profile of Professor Bettman

Barbara Black

Barbara Black
Charles Hartsock Professor of Law and Director, Corporate Law Center

Barbara spoke on The Role of the SEC in the Financial Meltdown at a University of Dayton symposium, The Fallout from the Bailout, with former SEC Chair Harvey Pitt. Her article, Perceptions of Fairness of Securities Arbitration: An Empirical Study, was cited in Marcia Coyle, Credit Crisis Spawns Arbitration Claims, N.Y.L.J., Apr. 2, 2009, at 5.

Profile of Professor Black

A. Christopher Bryant

A. Christopher Bryant
Professor of Law

Chris completed a draft of his essay, The Empirical Judiciary (reviewing David L. Faigman, Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford University Press, 2008)).

Chris’ 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 Caitlin E. Borgmann, Rethinking Judicial Deference to Legislative Fact-finding, 84 Ind. L.J. 1 (2009).

Profile of Professor Bryant

Paul L. Caron

Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law

The Law Stories Series of Foundation Press, for which Paul serves as Series Editor, published Death Penalty Stories, by John H. Blume (Cornell) & Jordan M. Steiker (Texas).

Paul hosted two luncheon discussion meetings for faculty, students, and staff on the DVD Series Nooma, sponsored by the Christian Legal Society.

Paul published several issues of his Tax Law Abstracts e-journals:

Two of Paul’s articles were cited:

Profile of Professor Caron

Jacob Katz Cogan

Jenny E. Carroll
Visiting Assistant Professor of Law

Jenny’s article, Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process, was accepted for publication in the Hastings Law Journal.

Profile of Professor Carroll

Jacob Katz Cogan

Jacob Katz Cogan
Assistant Professor of Law

Jacob’s article, Representation and Power in International Organization: The Operational Constitution and Its Critics, was accepted for publication in the American Journal of International Law, the peer-review journal of the American Society of International Law. He was elected Vice-Chair and Co-Chair-Elect of the International Organizations Interest Group of the American Society of International Law.

Profile of Professor Cogan

Margaret Drew

Margaret Drew
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic

Margaret attended a reception at the United States Supreme Court hosted by Justice Sandra Day O’Connor. The Reception kicked off a three day Global Forum on Women and Justice sponsored by the Avon Foundation and the International Association of Women Judges. Margaret spent three days in Washington, D.C. conducting peer reviews of grant applications filed under the Violence Against Women Act. She also participated in a planning session for a conference on representing battered immigrant women sponsored by Legal Momentum. Margaret attended a meeting of the University’s Sexual Offense Response Team.

Margaret posted her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), on SSRN. She was quoted in Julia Alanen, When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving the Domestic Violence Defense, 40 U. Miami Inter-Am. L. Rev. 49 (2008).

Profile of Professor Drew

Mark A. Godsey

Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Mark attended the United States Supreme Court arguments in District Attorney's Office of the Third Judicial District v. Osborne, along with approximately 18 students from the Ohio Innocence Project and his Wrongful Convictions seminar. The case addresses whether inmates have a constitutional right to DNA testing to prove their innocence.

A joint project between the Ohio Innocence Project and the Columbus Dispatch paved the way for the exoneration of Joseph Fears, which is described in Ohio Innocence Project Helps Man Clear His Name After Wrongful Conviction, UC News, March 6, 2009.

Mark and exonerees Robert McClendon and Joseph Fears were luncheon speakers at the Wise Temple in Cincinnati.

Mark and Melinda Dawson-Elkins were the keynote speakers at the annual alumni day for Indiana University - Purdue University at Indianapolis. They spoke to a crowd of approximately 350 people. The audience also watched the award-winning documentary Conviction: The True Story of Clarence Elkins. The event was described in Indiana University-Purdue University Indianapolis Event Explores Homicides from Crime Scene to Court, Lexis US Fed News, Feb. 25, 2009.

Mark, exoneree Robert McClendon, and the Ohio Innocence Project staff attended the Innocence Network Conference in Houston. Mark attended the Board of Directors meeting, and spoke at the International Committee group.

Mark was a panelist at the Weaver Institute symposium, Interrogations and False Confessions: Social Science Confronts the Law, and gave a talk on Reliability Lost, False Confessions Discovered.

Mark and several Ohio Innocence Project exonerees testified before the Criminal Justice Committee of the Ohio House of Representatives regarding the Ohio Innocence Project's wrongful conviction bill pending in the Ohio legislature.

Mark and exoneree Robert McClendon, spoke at DNA Diagnostics Center, the lab in Fairfield, Ohio that provides free DNA testing for the Ohio Innocence Project and performed the testing in the Robert McClendon case. The visit is described in Ohio Innocence Project Joins Freed Inmates in Thanking Fairfield DNA Center Through On-Site Visit, UC News, March 20, 2009.

Mark and the Ohio Innocence Project were featured as the cover story of the Akron Legal Times for February 2009 in an article entitled, Innocence Project Live and Well in Ohio.

Mark was quoted in:

Profile of Professor Godsey

Christo Lassiter

Christo Lassiter
Professor of Law and Criminal Justice

Christo was quoted in:

Profile of Professor Lassiter

Bert B. Lockwood

Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights

Bert’s article, Preliminary Thoughts Towards an International Convention on Terrorism, 68 Am. J. Int'l L. 69 (1974) (with Thomas M. Franck), was cited in Beth Van Schaack, Finding the Tort of Terrorism in International Law, 28 Rev. Litig. 381 (2008).

Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights

S. Elizabeth Malloy

S. Elizabeth Malloy
Andrew Katsanis Professor of Law

Betsy presented Solving the Truth Deficit on the Internet: Injunctions or Civil Damages? at Ohio State as part of the College’s Scholar Exchange Program.

Betsy was quoted in:

Profile of Professor Malloy

Bradford Mank

Bradford Mank
James B. Helmer, Jr. Professor of Law

Brad published Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. 1 (2009). Two of his articles were cited:

Profile of Professor Mank

Stephanie McMahon

Stephanie McMahon
Assistant Professor of Law

Stephanie presented To Have and to Hold and to Shift between Us: Rethinking Marital Property for Federal Income Tax Return Filings at the Critical Tax Conference at Indiana. She served as discussant at Joy Mullane’s (Villanova) presentation, Round and Round: The Cyclical Process of Tax Legislation Regulating Executive Compensation, at the College as part of our Scholar Exchange Program.

Profile of Professor McMahon

Darrell Miller
Assistant Professor of Law

Darrell hosted a faculty-student brownbag lunch on his article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. ___ (2009).

 

Douglas Mossman

Douglas Mossman
Director, Glenn M. Weaver Institute of Law and Psychiatry

Douglas published Commentary: Let's Think about Human Factors, Not Human Failings, 37 J Am. Acad. Psychiatry & L. 25 (2009). He completed two manuscripts:

  • Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation (with co-author and Weaver Fellow Jill L. Steinberg).
  • Does the Law Recognize a Specific Competence to Divorce? (with co-author and Weaver Fellow Amanda N. Shoemaker).

Douglas attended the Annual Meeting of the Midwest Chapter of the American Academy of Psychiatry and the Law in Chicago. Several of his articles were cited:

Profile of Professor Mossman

Michael E. Solimine

Michael E. Solimine
Donald P. Klekamp Professor of Law

Michael presented Ex parte Young: An Interbranch Perspective at the University of Toledo Law Review Symposium on Ex parte Young: The Font of Federal Rights Enforcement; Celebrating the Centennial 1908-2008. He hosted a faculty-student brownbag luncheon on his article, Congress, Separation of Powers, and Standing, 59 Case W. Res. L. Rev. ___ (2009).

Several of Michael’s publications were cited:

Profile of Professor Solimine

Adam Steinman

Adam Steinman
Associate Professor of Law

Adam attended the Spring 2009 meeting of the American Academy of Appellate Lawyers (AAAL) in Austin, Texas at which he was awarded the AAAL's Eisenberg Prize, which recognizes the best scholarly article on appellate practice and procedure, for his article, Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007).

Adam presented The Pleading Problem at Boston College as part of the College’s Scholar Exchange Program.

Two of Adam’s articles were cited:

Profile of Professor Steinman

Joe Tomain

Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law

Joe’s article, Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), was cited in Roberta F. Mann & Mona L. Hymel, Moonshine to Motorfuel: Tax Incentives for Fuel Ethanol, 19 Duke Envtl. L. & Pol'y F. 43 (2008).

Dean Tomain submitted his article Narrating Justice to the University of Cincinnati Law Review.

Additionally, Dean Tomain attended the American Law Institute Member Consultative Group meeting on Non-Profit Organizations as well as the Weathering the Storm meeting as the Board member of the Greater Cincinnati Foundation.

Dean Tomain served as commentator to Professor Jonathan Adler at the Federalist Society meeting and served as Reporter to the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar.

Profile of Dean Tomain

Verna Williams

Verna Williams
Professor of Law

Verna’s article, Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wis. L. Rev. 15, was cited in David S. Cohen, No Boy Left Behind? Single-sex Education and the Essentialist Myth of Masculinity, 84 Ind. L.J. 135 (2009).

Verna was quoted in Brown Recommends to President Obama Appointment of Steve Dettelbach for U.S. Attorney and Reappointment of Peter Elliot for U.S. Marshal, Lexis States News Service, March 2, 2009.

Profile of Professor Williams

Faculty News is edited by Paul L. Caron, Associate Dean of Faculty and Charles Hartsock Professor of Law.
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