Faculty News: February 2009
Faculty News February 2009 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie served as a judge in the “Outstanding Short Articles and Blogs” category for the Annual Awards program of the CPR, International Institute for Conflict Prevention and Resolution. The award was presented at CPR’s Annual Winter Meeting on Jan. 15th. She also taught the Client Counseling Workshop at the College.
Lin (Lynn) Bai
Assistant Professor of Law
Lynn completed an article, Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical (with James D. Cox (Duke) & Randall S. Thomas (Vanderbilt)).
Professor of Clinical Law
Marianna arranged and hosted the citizenship ceremony at the College by the Honorable Susan J. Dlott, Chief Judge of the U.S. District Court for the Southern District of Ohio.
Judge Joseph P. Kinneary Professor of Law
Joseph’s article, For Want of Justice: Legal Reforms of Henry II, 88 Colum. L. Rev. 433 (1988), was cited in James Grimmelmann, Virtual World Feudalism, 118 Yale L.J. Pocket Part 126 (2009).
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara published When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 2 J. Disp. Resol. 349 (2008) (with Jill Gross). Two of her articles were cited:
- Perceptions of Fairness of Securities Arbitration: An Empirical Study, in Constantine N. Katsoris, Securities Arbitrators Do Not Grow on Trees, 14 Fordham J. Corp. & Fin. L. 49 (2008).
- Stoneridge Investment Partners v. Scientific-Atlanta, Inc.:Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Carl W. Hittinger, The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court, 4 J. Bus. & Tech. L. 167 (2009); and in Thomas Lee Hazen, Treatise on the Law of Securities Regulations (Thomson West, 5th ed., 2008 Supp.).
A. Christopher Bryant
Professor of Law
Chris presented his latest paper, A Typology of Legislative Facts in Constitutional Adjudication, at Indiana-Bloomington as part of our Scholar Exchange Program. 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 Ittai Bar-Siman-Tov, Legislative Supremacy in the United States?: Rethinking the “Enrolled Bill” Doctrine, 97 Geo. L.J. 323 (2009).
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 Human Rights Advocacy Stories, by Deena R. Hurwitz (Virginia), Margaret L. Satterhwaite (NYU) & Douglas B. Ford (Virginia).
The Graduate Tax Series of LexisNexis, for which Paul serves as Series Editor, published Tax Crimes, by Steve Johnson (UNLV), Scott Schumacher (Washington), Larry Campagna (Adjunct Professor, Houston) & John Townsend (Adjunct Professor, Houston).
Paul published several issues of his Tax Law Abstracts e-journals:
- 5 issues of Tax Law & Policy (vol. 10, nos. 1-5)
- 2 issues of Practitioner Series (vol. 9, nos. 1-2)
- 2 issues of International & Comparative Tax (vol. 9, nos. 1-2)
Paul was quoted in:
Jacob Katz Cogan
Assistant Professor of Law
The members of the OGEMID listserv voted Jacob’s blog, the International Law Reporter, as their Best Blog of 2008. He acted as the discussant at a faculty workshop at the College by Peter Spiro (Temple) on An International Law of Citizenship as part of the College’s Faculty Workshop Series.
Jacob’s article, Competition and Control in International Adjudication, 48 Va. J. Int’l L. 411 (2008), was cited in Evan P. Lestelle, The Foreign Corrupt Practices Act, International Norms of Foreign Public Bribery, and Extraterritorial Jurisdiction, 83 Tul. L. Rev. 527 (2008).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark gave an Ohio Criminal Justice Legislative Update and taught a course on using DNA pretrial to exculpate the accused at a CLE event sponsored by the Cincinnati Criminal Defense Association. He acted as the discussant at a faculty workshop at the College by Bennett Capers (Hofstra) on Canaries, the Fourth Amendment, and the Equity Principle as part of the College’s Faculty Workshop Series.
Gustavus Henry Wald Professor of Law and Contracts
Two of Emily’s articles were cited:
- Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), in Stephen S. Ashley, Bad Faith Actions Liability & Damages (West, 2nd ed., 2008).
- The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, 2005 Utah L. Rev. 1 (2005), in Touch and Concern, the Restatement (Third) of Property: Servitudes, and a Proposal, 122 Harv. L. Rev. 938 (2009).
Professor of Law and Criminal Justice
Christo’s articles, Cameras and the Infusion of Political Bias Into the Courtroom, 5 Int’l J. L. & Tech. 28 (1997), and Put the Lens Cap Back on Cameras in the Courtroom: A Fair Trial is at Stake, 67 N.Y. St. B.J. 6 (1995), were cited in Robert H. Klonoff, Mark Herrmann & Bradley W. Harrison, Making Class Actions Work: The Untapped Potential of the Internet, 69 U. Pitt. L. Rev. 727 (2008). He was quoted in Bailiff Snared in Bribery Probe, Cincinnati Enquirer, Jan. 4, 2009, at 1A.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
The Pennsylvania Studies in Human Rights of The University of Pennsylvania Press, for which Bert serves as Series Editor, published three new books:
- Lisa S. Alfredson, Creating Human Rights: How Noncitizens Made Sex Persecution Matter to the World (2009).
- Clifford Bob, The International Struggle for New Human Rights (2009).
- Makau Mutua, Human Rights NGOs in East Africa: Political and Normative Tensions (2009).
Bert was a participant in a conference on International Criminal Tribunals: Problems and Prospects at Florida State University. He responded to Justice Richard Goldstone, former Chief Prosecutor, UN International Criminal Tribunals, the Former Yugoslavia and Rwanda, and facilitated the discussion.
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy’s article, Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), was cited in Joseph Blocher, Reputation as Property in Virtual Economies, 118 Yale L.J. Pocket Part 120 (2009).
James B. Helmer, Jr. Professor of Law
Brad’s article, After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, 78 U. Colo. L. Rev. 375 (2007), was cited in Noelle Formosa, Ganging up on RICO: Narrowing Gonzales v. Raich to Preserve the Significance of the Jurisdictional Element as a Constitutional Limitation in the Racketeer Influenced and Corrupt Organizations Act, 82 S. Cal. L. Rev. 135 (2008).
Assistant Professor of Law
Darrell published White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008). He presented Guns as Smut: A First Amendment Framework for the Second Amendment at the Ohio Junior Scholars Workshop at Ohio State.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas completed a manuscript, Incompetence to Divorce: When Breaking up is Odd to Do, with co-author and 3L Weaver Fellow Mandy Shoemaker. He published Connecting Which Dots? Problems in Detecting Uncommon Events, in Correctional Service of Canada, Sexual Homicide and Paraphilias: The Correctional Service of Canada’s Experts Forum 2007, 41 (A. J. R. Harris & C. A. Page, eds. 2008). Douglas was was quoted in Mental Patients Kept in Isolation, UC News-Record, Jan. 21, 2009.
Several of his articles were cited:
- Another Look at Interpreting Risk Categories, 18 Sexual Abuse - J. Res. & Treatment 41 (2006), in Zoe N. Hilton & Grant T. Harris, How Nonrecidivism Affects Predictive Accuracy Evidence from a Cross-Validation of the Ontario Domestic Assault Risk Assessment (ODARA), 24 J. Interpers. Violence 326 (2009).
- Daubert, Cognitive Malingering, and Test Accuracy, 27 L. & Hum. Behavior 229 (2003); Interpreting Clinical Evidence of Malingering: A Bayesian Perspective, 28 J. Am. Acad. Psychiatry Law 293 (2000); Intervals for Posttest Probabilities: A Comparison of 5 Methods, 21 Med. Decis. Making 498 (2001) (with James O. Berger); and Presenting Evidence of Malingering to Courts: Insights from Decision Theory, 14 Behav. Sci. Law 271 (1996) (with Kathleen J. Hart), in Michael Proeve, Issues in the Application of Bayes' Theorem to Child Abuse Decision Making, 14 Child Maltreatment 114 (2009).
- ‘A Fool for a Client’: Print Portrayals of 49 Pro Se Criminal Defendants, 29 J Am. Acad. Psychiatry Law 408 (2001) (with N. W. Dunsieth, Jr.), in Douglas R. Morris & Richard L. Frierson, Pro Se Competence in the Aftermath of Indiana v. Edwards, 36 J. Am. Acad. Psychiatry Law 551 (2008).
- 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 Jussi Jokinen & Peter Nordstrom, HPA Axis Hyperactivity as Suicide Predictor in Elderly Mood Disorder Inpatients, 33 Psychoneuroendocrinology 1387 (2008).
- Measuring Decisional Capacity: Cautions on the Construction of a ''Capacimeter'', 2 Psychol. Pub. Pol. L. 73 (1996), in J. A. Mackenzie, N. B. Lincoln, & G. J. Newby, Capacity to Make a Decision about Discharge Destination after Stroke: A Pilot Study, 22 Clinical Rehabilitation 1116 (2008).
- Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Acad. Psychiatry Law 34 (2007), in Douglas R. Morris & George F. Parker, Jackson's Indiana: State Hospital Competence Restoration in Indiana, 36 J. Am. Acad. Psychiatry Law 522 (2008).
Ronna Greff Schneider
Professor of Law
Ronna acted as the discussant at a faculty workshop at the College by Michael Heise (Cornell) on Pass or Fail: High Stakes Testing and Educational Policy by Litigation as part of the College’s Faculty Workshop Series.
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael presented his latest paper, Congress, Separation of Powers, and Standing, at Case Western as part of the Case Western Reserve Law Review Symposium on Access to Courts in the Roberts Era. Michael spoke as part of a panel (with Jessie Hill & Jonathan Adler) on Standing Rights. You can view the webcast here.
Several of Michael’s articles were cited:
- Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert), in Vangelis Economou, Sacking Super Sack: Using Existing Rules to Prevent Patentees from Fleeing an Improvident Patent Infringement Lawsuit, 8 J. Marshall Rev. Intell. Prop. L. 90 (2008).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Joel P. Trachtman, The Economic Structure of International Law (Harvard University Press 2008).
- The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Carissa Byrne Hessick & F. Andrew Hessick, Appellate Review of Sentencing Decisions, 60 Ala. L. Rev. 1 (2008).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in Richard A. Posner, How Judges Think (Harvard University Press 2008).
- The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temp. L. Rev. 425 (1992) (with James L. Walker), in Frank B. Cross, The Theory and Practice of Statutory Interpretation (Stanford University Press 2009).
Associate Professor of Law
The American Academy of Appellate Lawyers will present the 2008 Eisenberg Prize to Adam for his article, Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007), on March 27 in Austin, Texas. The prize honors the year’s best article in the field of appellate practice and procedure. (Rafael Gely and Michael Solimine won the 2006 Eisenberg Prize for their article, The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 421).
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Dean Tomain's book Creon's Ghost: Law, Justice and the Humanities has been published by Oxford University Press. Dean Tomain attended the Scholars’ Meeting of the Center for Progressive Reform.
Dean Tomain was appointed the Reporter for the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar. The Standards Review Committee is charged with the responsibility of reviewing of reviewing all of the standards and procedures for law school accreditation. The project is expected to last 2-3 years and will culminate in public hearings and a vote by ABA House of Delegates.
Energy Law, co-authored with Judge Richard Cudahy of the U.S. Court of Appeals for the Seventh Circuit, has been translated into Chinese and has been published in Beijing.
Dean Tomain chaired the Programs and Grants Committee of the Ohio State Bar Foundation.
He also served as Chair of the ABA Site Inspection Visit for Elon University School of Law. Dean Tomain has signed a contract with Cambridge University Press to publish his next book Dirty Energy Policy: Prelude to Climate Change.
Professor of Law
Verna was featured in Memories Will Last a Lifetime, Cincinnati Enquirer, Jan. 21, 2009, at 7A; and Obama Friend Plans to Be Ally Outside Administration, Cincinnati Enquirer, Jan. 4, 2009, at 1B. She was quoted in Ohio to Get New U.S. Attorneys, Marshals Panels to Recommend Names for Obama to Nominate, Cincinnati Enquirer, Jan. 16, 2009.