Faculty news: June 2009
Faculty News June 2009 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie presented three workshops for the New Zealand Government’s Leadership Development Center: Advanced Negotiation, Negotiation in a Nutshell, and Great on Your Feet. She gave a lecture on Decision Analysis in Mediation to Wellington, NZ’s LEADR branch (LEADR is the NZ and Australia lawyers’ ADR organization). She designed and delivered a Mediators’ Master Class for the mediators of NZ’s Building and Housing Department, headquartered in Auckland.
Timothy K. Armstrong
Assistant Professor of Law
The Provost approved Tim’s promotion to Associate Professor, effective September 1, 2009. Tim presented You and the Law Reviews: Understanding What Publication Agreements Say About Rights in Your Work as part of the College's 13th Annual Summer Scholarship Series.
Tim participated on a panel discussion at Open Source and Security, a symposium at Northern Kentucky University sponsored in part by the Cincinnati Intellectual Property Law Association, and briefly presented his forthcoming article Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public. He led a discussion on careers in law for a group of senior Chemical Engineering students at the University of Cincinnati.
Two of Tim's articles were cited:
- Fair Circumvention, 74 Brook. L. Rev. 1 (2008), in Matt Williams, Congress Should Amend the Copyright Act to Protect Transactional Watermarks, 23 Berkeley Tech. L.J. 1367 (2008).
- Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), in Kristen M. Cichocki, Unlocking the Future of Public Libraries: Digital Licensing that Preserves Access, 16 U. Balt. Intell. Prop. L.J. 29 (2008).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn’s article, There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vand. L. Rev. 350 (2008) (with James D. Cox & Randall S. Thomas), was cited in David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2009 Supp.).
Professor of Clinical Law
Gov. Strickland appointed Marianna chair of the Judicial Appointments Recommendation Panel. She published a column in the Cincinnati Herald and the American Israelite, The Fourth Amendment, Resuscitated, which discusses Arizona v. Gant and the limits on warrantless searches of vehicles by the police. Marianna published The Fourth Amendment, Resuscitated in her monthly newspaper column, Legally Speaking.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Two of Barbara’s publications were cited:
- Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan, 2009 Supp.).
- Fraud on the Market: A Criticism of Dispensing With Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Brent A. Olson, Publicly Traded Corporations: Governance & Regulation (ThomsonWest, 2d ed. 2009 Supp.).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul published The Estate Tax Non-Gap: Why Repeal a "Voluntary" Tax?, 20 Stan. L. & Pol'y Rev. 153 (2009) (with James R. Repetti (Boston College)).
Robert Morse, who as Director of Data Research at U.S. News & World Report is responsible for the annual law school rankings, recommended Paul’s “TaxProf for some of the best coverage and reactions to the law school rankings.” Paul’s coverage of the law school rankings also was featured in:
- 7 issues of Tax Law & Policy (vol. 10, nos. 16-22)
- 1 issue of Practitioner Series (vol. 9, no. 7)
- 1 issue of International & Comparative Tax (vol. 9, no. 8)
Two of Paul’s books were cited:
- Federal Wealth Transfer Taxation (Foundation Press, 6th ed. 2009), in Mildred Robinson, Transfer Tax Reform after EGTRRA-2001: Reconstruction or Further Deconstruction?, 28 Va. Tax Rev. 391 (2008).
- Tax Stories (Foundation Press, 2nd ed. 2009), in Karen C. Burke & Grayson M.P. McCouch, COBRA Strikes Back: Anatomy of a Tax Shelter, 62 Tax Law. 59 (2008).
Jacob Katz Cogan
Assistant Professor of Law
The Provost has approved Jacob’s promotion to Associate Professor, effective September 1, 2009.
Jacob posted his forthcoming article, Representation and Power in International Organization: The Operational Constitution and Its Critics, 103 Am. J. Int’l L. ___ (2009), on SSRN.
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
The Ohio Fourth Appellate District rendered a favorable decision in Sinclair v. Sinclair, finding that the end of divorce proceedings should not be a measure of the time during which a petitioner needs a protection order. Margaret authored the amicus brief that argued that completion of a divorce proceeding does not signal the end of violence in a relationship for purposes of limiting the term of a civil protection order. The amicus brief was filed on behalf of the Domestic Violence and Civil Protection Order Clinic and the Ohio Network against Domestic Violence.
Margaret attended the annual conference of the Clinical Legal Education Association and presented Teaching Courage in the Law School Clinic (with Jeffery Baker (Faulkner)).
Margaret was named chair of the Reading Subcommittee of the National Association of Women Lawyers Supreme Court Committee. The Committee reviews the nominations to the U.S. Supreme Court and this summer will review the nomination of Judge Sonia Sotomayor.
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark published Shining the Bright Light on Police Interrogation in America (reviewing Richard A. Leo, Police Interrogation and American Justice (Harvard University Press, 2008)), 6 Ohio St. J. Crim. L. 711 (2009).
Mark appeared for an hour on Wednesday, May 13th, on WLW's Bill Cunningham show to discuss his representation of Ryan Widmer and attempts to get Ryan a new trial. He spoke on Fountain Square at a vigil for Ryan Widmer attended by several hundred supporters.
Several of Mark’s articles were cited:
- Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006), in Marcy Strauss, The Sounds of Silence: Reconsidering the Invocation of the Right to Remain Silent under Miranda, 17 Wm. & Mary Bill Rts. J. 773 (2009).
- Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005), in Ted Sampsell-Jones, Making Defendants Speak, 93 Minn. L. Rev. 1327 (2009).
- When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), in Michael J. Roth, Berkemer Revisited: Uncovering the Middle Ground between Miranda and the New Terry, 77 Fordham L. Rev. 2779 (2009).
Mark was quoted in:
- Well-known Lawyer Joins Widmer Team, Cincinnati Enquirer, May 6, 2009.
- Princeton's Law Day Offers Sample of Legal Life, Cincinnati.com, May 14, 2009.
- DNA Testing Turns Tables on Rapist, Columbus Dispatch, May 20, 2009.
Professor of Law
Kristin’s article, Bankruptcy Reform and the Financial Well-being of Women: How Intersectionality Matters in Money Matters, 71 Brook. L. Rev. 1181 (2006), was cited in Mitchell F. Crusto, Unconscious Classism: Entity Equality for Sole Proprietors, 11 U. Pa. J. Const. L. 215 (2009).
Professor of Law and Criminal Justice
Christo’s article, TV or Not TV - That is the Question?, 86 J. Crim. L. and Criminology 928 (1996), was cited in Kristen D. Clardy, Judicial Confusion and Inconsistency in Handling Juror Misconduct: a New Proposal, 17 Wm. & Mary Bill Rts. J. 895 (2009). He was quoted in Long Road Ahead in Widmer Case, Cincinnati Enquirer, May 22, 2009.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
With the May issue, Bert completed 27 years as Editor of the Human Rights Quarterly, during which every issue was mailed to the subscribers in the month of scheduled publication. Bert participated in a State Department-sponsored videoconference with five human rights activists from Sri Lanka. Bert served as Rapporteur for a meeting of human rights officials from 22 Western foreign ministries in The Hague.
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Two of Betsy’s publications were cited:
- Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan, 2009 Supp.).
- Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), in Charles R. Richey, Manual of Employment Discrimination and Civil Rights Actions in the Federal Courts (Clark Boardman Callaghan, 2009 Supp.).
James B. Helmer, Jr. Professor of Law
Brad consulted with the City Solicitor’s Office on the drafting an the environmental justice ordinance for the City of Cincinnati. The City Council’s Health & Environment Committee approved the ordinance on May 27th. City Council will vote on it on June 3rd.
Several of Brad’s publications were cited:
- Environmental Justice and Title VI: Making Recipient Agencies Justify Their Siting Decisions, 73 Tul. L. Rev. 787 (1999); The Draft Title VI Recipient and Revised Investigation Guidances: Too Much Discretion for EPA and a More Difficult Standard for Complainants?, 30 Envl L. Rep. 11144 (Envl L. Inst.) (Dec. 2000); and South Camden Citizens in Action v. New Jersey Department of Environmental Protection: Will Section 1983 Save Title VI Disparate Impact Suits?, 32 Envtl L. Rep. 10454 (April 2002), in James T. O'Reilly & Caroline Broun, RCRA and Superfund: A Practice Guide (Thomson-West, 3d ed. 2009 Supp.).
- Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority and Deference to Executive Agencies, 86 Ky L.J. 527 (1998), in Thomas A. Bishop, The Death and Reincarnation of Plain Meaning in Connecticut: A Case Study, 41 Conn. L. Rev. 825 (2009).
Assistant Professor of Law
Stephanie presented two papers at the Law & Society Association Annual Meeting in Denver:
- To Have and to Hold and to Shift between Us: Rethinking Marital Property for Federal Income Tax Return Purposes
- Putting the "Community" in Community Property
Assistant Professor of Law
Darrell participated in a meeting called by the Ohio State Bar Association on the topic of Judicial Selection/Public Financing for Ohio judges.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas published Smoking Allowed: Is Hospital Policy a Liability Risk?, Current Psychiatry, May 2009, pp. 28-31.
He made the following presentations:
- When to Throw Away the Key: Mental Health Prediction of Sexual Offending. Department of Psychology Colloquium, Sinclair College, Dayton, Ohio, May 15, 2009.
- The Mental Health Professional as Expert Witness. Forensic Psychology class (PSYC 712), Xavier University, Cincinnati, Ohio, May 21, 2009.
- Understanding and Assessing ‘Legal Insanity’. Forensic Psychology class (PSYC 712), Xavier University, May 28, 2009.
Several of his publications were cited:
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Robert John Zagar, et al., Accepted Legal Applications of Actuarial Testing and Delinquency Interventions: Examples of Savings in Real-life Situations, 104 Psychol. Rep. 339 (Sp. Iss. SI FEB 2009).
- "Hired Guns," "Whores, "Prostitutes": Case Law References to Clinicians of Ill Repute, 27 J. Am.. Acad. Psychiatry & L. 414 (1999), in Matthew Large, Olav Nielssen, & Gordon Elliott, Reliability of Psychiatric Evidence in Serious Criminal Matters: Fitness to Stand Trial and the Defence of Mental Illness, 43 Austl. & N.Z. J. of Psychiatry 446 (2009).
- Interpreting Clinical Evidence of Malingering: A Bayesian Perspective, 28 J Am. Acad. Psychiatry & L. 293 (2000), in Sanford L. Drob, Kevin B.Meehan, & Shari E. Waxman, Clinical and Conceptual Problems in the Attribution of Malingering in Forensic Evaluations, 37 J. Am. Acad. Psychiatry & L. 98 (2009).
- Intervals for Posttest Probabilities: a Comparison of 5 Methods, 21 Med. Decis. Making 498 (2001) (with James O. Berger), in John R. Crawford, Paul H. Garthwaite, & Karolina Betkowska, Bayes' Theorem and Diagnostic Tests in Neuropsychology: Interval Estimates for Post-test Probabilities, 23 Clin. Neuropsychologist 624 (2009).
- Malpractice and the Psychiatrist: A Primer for Residents, 21 Acad. Psychiatry 11 (1997), in Carol I. Ping Tsao & Joseph Layde, Three-Session Psychiatric Malpractice Curriculum for Senior Psychiatry Residents, 33 Acad. Psychiatry 160 (2009).
- Measuring Decisional Capacity: Cautions on the Construction of a ''Capacimeter", 2 Psychol. Pub. Pol. L. 73 (1996), in John J. Barrett, et al., Criterion Validity of the Financial Skills Subscale of the Direct Assessment of Functional Status Scale, 166 Psychiatry Res. 148 (Apr. 30 2009).
- Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Acad. Psychiatry & L. 34 (2007), in Mae C. Quinn, Reconceptualizing Competence: An Appeal, 66 Wash. & Lee L. Rev. 259 (2009).
- Tests of a Symptom Checklist to Screen for Comorbid Psychiatric Disorders in Alcoholism, 47 Comprehensive Psychiatry 227 (2006) (with Ashley B. Benjamin, Nancy S. Graves, & Richard D. Sanders), in Ed Day, et al., Predictors of Psychological Morbidity in Liver Transplant Assessment Candidates: Is Alcohol Abuse or Dependence a Factor? 22 Transplant Int’l 606 (2009).
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Matthew S Wandishin & Steven J. Mullen, Multiclass ROC Analysis, 24 Weather & Forecasting 530 (2009) and Mehul.P. Sampat, et al., Indexes for Three-Class Classification Performance Assessment-An Empirical Comparison, 13 IEEE Transactions on Information Technology in Biomedicine 300 (2009).
Associate Dean for Curriculum and Student Affairs
and Professor of Legal Research and Writing
Nancy Oliver was appointed Associate Dean for Curriculum and Student Affairs at the College of Law.
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael participated in a meeting called by the Ohio State Bar Association on the topic of Judicial Selection/Public Financing for Ohio judges. Several of his publications were cited:
- 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 David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2009 Supp.).
- Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert), in Jeremy A. Blumenthal, Legal Claims as Private Property: Implications for Eminent Domain, 36 Hastings Const. L.Q. 373 (2009).
- The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Robert A. Schapiro, Polyphonic Federalism: Toward the Protection of Fundamental Rights (University of Chicago Press, 2009).
- Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Pauline T. Kim, Deliberation and Strategy on the United States Courts of Appeals: An Empirical Exploration of Panel Effects, 157 U. Pa. L. Rev. 1319 (2009).
- Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001)(with Tracey George), in Chris Guthrie & Tracey George, Remaking the United States Supreme Court in the Courts’ of Appeals Image, 58 Duke L.J. 1439 (2009).
- Removal, Remands, and Reforming Federal Appellate Review, 58 Mo. L. Rev. 287 (1993); The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998); Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L. J. 51 (1992); 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); Deregulating Voluntary Dismissals, 36 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert); State Court Regulation of Offers of Judgment and Its Lessons for Federal Practice, 13 Ohio St. J. on Disp. Resol. 51 (1997) (with Bryan Pacheco); and Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Larry L. Teply & Ralph U. Whitten, Civil Procedure (Foundation Press 4th ed. 2009).
- Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood, 1999) (with James L. Walker); 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); and State Court Protection of Federal Constitutional Rights, 12 Harv. J.L. Pub. Pol'y 127 (1989) (with James Walker), in Meredith Johnson Harbach, Is the Family a Federal Question?, 66 Wash. & Lee. L. Rev. 131 (2009).
Associate Professor of Law
The Board of Trustees has approved Adam’s promotion to Professor of Law with Tenure.
Two of Adam’s articles were cited:
- A Constitution for Judicial Lawmaking, 65 U. Pitt. L. Rev. 545 (2004), in Lee Dionne, Let the Punishment Fit the Crime: Should Courts Exercise the Power of Appellate Sentence Review in Cases Involving Narcotics and Other Stigmatized Crimes? 99 J. Crim. L. & Criminology 255 (2009).
- “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), in David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2009 Supp.).
Adam has been invited to speak at the Jan. 2010 AALS Annual Meeting in New Orleans on a panel discussion on The Future of Summary Judgment. The panel is co-sponsored by the Section on Civil Procedure and the Section on Litigation.
Professor of Law
Verna published The First (Black) Lady, 86 Denv. U. L. Rev. 833 (2009).
Verna’s article, Private Choices, Public Consequences: Public Education Reform and Feminist Legal Theory, 12 Wm. & Mary J. Women & L. 563 (2006), was cited in Mitchell F. Crusto, Unconscious Classism: Entity Equality for Sole Proprietors, 11 U. Pa. J. Const. L. 215 (2009).