Faculty News: March 2009
Faculty News March 2009 Issue
Professor of Practice and Director, Center for Practice
Marjorie conducted a workshop at the College on Making Mediators: An Intensive Practice Workshop for Attorneys and Other Professionals Who Mediate. Several of Marjorie’s articles were cited:
- Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), and The Value of Decision Analysis in Mediation Practice, 11 Nogot. J. 123 (1995), in Robert L. Haig, Commercial Litigation in New York State Courts (West, 2nd ed., New York Practice Series, 2009 Supp.).
- Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer, in Robert L. Haig, Successful Partnering between Inside and Outside Counsel (Thomson West, 2009 Supp.).
Timothy K. Armstrong
Assistant Professor of Law
Tim published Fair Circumvention, 74 Brook. L. Rev. 1 (2009). He presented Is Copyright Forever? The Termination of Assignments and Licenses for the Benefit of the Public, at Pittsburgh as part of the UC-Pittsburg Scholar Exchange Program and at Drake at the 2009 Intellectual Property Scholars Roundtable. (Tim hosted a workshop at the College last year by Anthony Infanti (Pittsburgh), Taxing Civil Riights Gains.)
Tim was appointed to the Board of Trustees of Cincinnati ArtWorks. Two of his articles were cited:
- Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), in James A. Janaitis, Bankruptcy Collides with Antitrust: The Need for a Prohibition Against Using § 1110 Protections Collectively, 25 Emory Bankr. Dev. J. 197 (2008).
- Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (1006), in Maria Lilla Montagnani, A New Interface between Copyright Law and Technology: How User-generated Content Will Shape the Future of Online Distribution, 26 Cardozo Arts & Ent. L.J. 719 (2009).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn acted as the discussant at a faculty workshop at the College by Paul Rose (Ohio State) on The Regulation of Shareholder Influence as part of the College’s Scholar Exchange Program.
Professor of Clinical Law
Marianna hosted Ohio State Senator Eric Kearney, Class of 1989, as the Harris Distinguished Practitioner. She served on the selection committee for this year’s Cohen/Barbour awards and introduced Visiting Professor Qudsia Mirza at an American Jewish Committee downtown luncheon program on Introduction to Islamic Law.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara delivered the Harold C. Schott Scholarship Award Lecture at the College on Protecting the Retail Investor in an Age of Financial Uncertainty.
A. Christopher Bryant
Professor of Law
Chris acted as the discussant at a faculty workshop at the College by Kevin Collins (Indiana), Wolves in Sheep's Clothing: Distinguishing Inventive Things From Inventive Thoughts in Patents Claiming Diagrams, Computer Models and Other Signs, as part of the College’s Scholar Exchange Program. (Chris led a faculty workshop at Indiana last month on A Typology of Legislative Facts in Constitutional Adjudication.)
Chris offered some remarks at a Federalist Society program at the College on a paper by David Mayer (Capital), The Myth of Laissez-Faire Constitutionalism: Liberty of Contract during the Lochner Era, 36 Hastings Const. L.Q. 217 (2009). Chris’s article, Youngstown Revisited, 29 Hastings Const. L.Q. 373 (2002) (with Carl Tobias), was cited in Michael J. Turner, Fade to Black: The Formalization of Jackson's Youngstown Taxonomy by Hamdan and Medellin, 58 Am. U. L. Rev. 665 (2009).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul hosted two luncheon discussion meetings for faculty, students, and staff on the DVD Series Nooma, sponsored by the Christian Legal Society. He published several issues of his Tax Law Abstracts e-journals:
- 3 issues of Tax Law & Policy (vol. 10, nos. 6-8)
- 1 issue of Practitioner Series (vol. 9, no. 3)
- 1 issue of International & Comparative Tax (vol. 9, no. 3)
Paul was quoted in:
- Law Professors Begin Feeling Economic Pinch, ABA Journal, Feb. 13, 2009.
- Questions Raised About Rahm Emanuel's Housing Arrangement in D.C., Chicago Tribune, Feb. 24, 2009.
- When it Comes to Taxes, More Americans than Ever Say, 'Pay Up', Christian Science Monitor, Feb. 5, 2009.
- Tax Treatment of Emanuel's Rent-Free Arrangement Divides Experts, Tax Notes Today, Feb. 24, 2009.
- Victims of the Tax Code? Not So Fast: Nominee Trouble Preventable, Experts Say, Washington Post, Feb. 4, 2009.
Jacob Katz Cogan
Assistant Professor of Law
Jacob served as a Commentator for the Junior International Law Scholars Association Conference at Temple. His article, Competition and Control in International Adjudication, 48 Va. J. Int’l L. 411 (2008), was cited in Dinah Shelton, Form, Function, and the Powers of International Courts, 9 Chi. J. Int'l L. 537 (2009).
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret published A Judicial Guide to Child Safety in Custody Cases (National Council of Juvenile and Family Court Judges, 2008) (with Hon. Jerry J. Bowles, Hon. Kaye K. Chistian, & Katheryn L. Yetter).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark's proposal for a panel on The Lessons of DNA and the Innocence Revolution was one of only two proposals accepted by the AALS Criminal Justice Section for the 2010 AALS Annual Meeting in New Orleans. Mark will moderate the panel, which will include Brandon Garrett (Virginia), Cynthia Jones (American), Richard Leo (San Francisco), and Daniel Medwed of (Utah). Mark spoke with OIP exoneree Robert McClendon at Akron Law School and at a faculty lunch and then to the student body and local bar.
Mark filed an amicus brief with Douglas Berman (Ohio State) in the Ohio Supreme Court on behalf of death row inmate Kevin Keith, who is represented by the Ohio Public Defender. Along with 2Ls Amanda Smith and Melissa Laugle, and former Ohio Attorney General Jim Petro, Mark filed an appellate brief in the case of Roger Dean Gillispie, who has been a client of the Ohio Innocence Project since 2003.
Mark was quoted in:
- Clemency Decision Opens Door for Parole, Cincinnati Enquirer, Feb. 13, 2009.
- Governor Commutes Death Sentence, Cincinnati Enquirer, Feb. 12, 2009.
- Guilt Doesn't Stop Requests for DNA Tests, Columbus Dispatch, Feb. 22, 2009.
Gustavus Henry Wald Professor of Law and Contracts
Emily published Cracking the Egg: Which Came First — Stigma or Affirmative Action?, 96 Cal. L. Rev. 1299 (with Angela Onwuachi-Willig (Iowa) & Mary Campbell (Iowa)). Several of her 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 Keith Aoki & Kevin R. Johnson, Latinos and Latinas at the Epicenter of Contemporary Legal Discourses: Latinos and Latinas in the Legal Academy: An Assessment of LatCrit Theory Ten Years After, 83 Ind. L.J. 1151 (2008).
- Critical Race Realism: Re-Claiming the Antidiscrimination Principle Through the Doctrine of Good Faith in Contract Law, 66 U. Pitt. L. Rev. 455 (2005), in Gregory Scott Parks, Toward a Critical Race Realism, 17 Cornell J.L. & Pub. Pol'y 683 (2008); and Gregory S. Parks & Shayne E. Jones, “Nigger”: A Critical Race Realist Analysis of the N-Word within Hate Crimes Law, 98 J. Crim. L. & Criminology 1305 (2008).
- Towards Praxis, 39 U.C. Davis L. Rev. 905 (2006), in Angela Onwuachi-Willig & Jacob Willig-Onwuachi, A House Divided: The Invisibility of the Multiracial Family, 44 Harv. C.R.-C.L. L. Rev. 231 (2009); and Nancy E. Dowd, Masculinities and Feminist Legal Theory, 23 Wis. J.L. Gender & Soc'y 201 (2008).
Professor of Law
Ann’s article, Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), was cited in Hakop Keshishyan, We Shall Overcome ... If the Courts Allow Us: The United States Supreme Court's Decisions Regarding Mitigating Measures, and its Connection to the Circuit Split on Whether Life Accomplishments Should Be Considered in Determining Disability under the ADA, 38 Sw. L. Rev. 357 (2008).
Professor of Law and Criminal Justice
Two of Christo's articles were cited:
- Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U.L. Rev. 79 (1998), in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure (Thomson West, 3rd ed., 2009 Supp.).
- TV or Not TV — That is the Question?, 86 J. Crim. L. & Criminology 928 (1996), in Kevin F. O'Malley, Jay E. Grenig, & William C. Lee, Federal Jury Practice and Instructions (Thomson/West, 5th ed., 2007 Supp.).
Christo was quoted in:
- Dropped Case Might Not Be Last, Cincinnati Enquirer, Feb. 13, 2009.
- I Shot Him in Self-Defense — After He Fell Asleep, Feb. 25, 2009.
- Why Kay Rogers Isn't in Jail, Middletown Journal, Feb. 16, 2009.
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy presented Overvaluing Anonymous Speech: Problems in State Court Defamation Actions at Kansas as part of the UC-Kansas Scholar Exchange Program. (She hosted a workshop at the College last year by Melanie Wilson (Kansas), Prosecutors “Doing Justice” Through Osmosis: Reminders to Encourage a Culture of Cooperation.)
Two of Betsy’s articles were cited:
- Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), in Anthony Ciolli, Technology Policy, Internet Privacy, and the Federal Rules of Civil Procedure, 11 Yale J.L. & Tech. 176 (2009); and Jason C. Miller, Who's Exposing John Doe? Distinguishing between Public and Private Figure Plaintiffs in Subpoenas to ISPs in Anonymous Online Defamation Suits, 13 J. Tech. L. & Pol'y 229 (2009).
- Recalibrating the Cost of Harm Advocacy Speech: Getting beyond Brandenburg, 42 Wm & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), in Recent Case, 122 Harv. L. Rev. 1239 (2009).
James B. Helmer, Jr. Professor of Law
Two of Brad’s articles were cited:
- Implementing Rapanos–Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators, and Developers?, 40 Ind. L. Rev. 291 (2007), in Michael L. Eber, When the Dissent Creates the Law: Cross-cutting Majorities and the Prediction Model of Precedent, 58 Emory L.J. 207 (2008).
- Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts v. EPA’s New Standing Test for States, 49 Wm & Mary L. Rev. 1701 (2008), in Randall S. Abate, Massachusetts v. EPA and the Future of Environmental Standing in Climate Change Litigation and Beyond, 33 Wm. & Mary Envtl. L. & Pol'y Rev. 121 (2008).
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 Villanova as part of the UC-Villanova Scholar Exchange Program. (She will host a workshop at the College next month by Joy Mullane (Villanova), Round and Round: The Cyclical Process of Tax Legislation Regulating Executive Compensation.)
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas published The Imperfection of Protection Through Detection and Intervention: Lessons From Three Decades of Research on the Psychiatric Assessment of Violence Risk, 30 J. Leg. Med. 109 (2009). He completed the manuscript for Is Letting Inpatients Smoke Malpractice?, which will be published in Current Psychiatry.
Several of Douglas’s articles were cited:
- Critique of Pure Risk Assessment or, Kant Meets Tarasoff, 75 U. Cin. L. Rev. 523 (2006), in Richard S. Saver, In Tepid Defense of Population Health: Physicians and Antibiotic Resistance, 34 Am. J.L. & Med. 431 (2008).
- ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Aleksandar A. Jovanovic, et al., Predicting Violence in Veterans with Posttraumatic Stress Disorder, 66 Vojnosanitetski Pregled 13 (2009).
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Xin He & Eric C. Fey, The Validity of Three-Class Hotelling Trace (3-HT) in Describing Three-Class Task Performance: Comparison of Three-Class Volume Under ROC Surface (VUS) and 3-HT, 28 IEEE Transactions on Medical Imaging 185 (2009).
Ronna Greff Schneider
Professor of Law
Ronna’s book, Education Law Stories (Foundation Press, 2008) (with Michael A. Olivas (Houston)), was cited in Cutrer v. McMillan, No. 08-60702, 2009 WL 221254, (5th Cir. Jan. 30, 2009).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael presented his paper, Federal and State Judicial Selection in an Interest Group Prospective (with Rafael Gely), at a symposium at the University of Missouri-Columbia School of Law on Mulling over the Missouri Plan: A Review of State Judicial Selection and Retention Systems. The symposium papers will be published in the Missouri Law Review. He moderated a panel discussion at the College on Governor Strickland's Judicial Appointments Recommendation Panels.
Several of Michael’s articles were cited:
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989); The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998); and Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in Erin A. O' Hara & Larry E. Ribstein, The Law Market (Oxford University Press 2009).
- The False Promise of Judicial Elections in Ohio, 30 Cap. U.L. Rev. 559 (2002), in Norman L. Greene, Perspectives from the Rule of Law and International Economic Development: Are There Lessons for the Reform of Judicial Selection in the United States? 86 Denv. U.L. Rev. 53 (2008).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes and Lawrence Lessig), in Daniel M. Katz, Derek K. Stafford, & Eric Provins, Social Architecture, Judicial Peer Effects and the “Evolution” of the Law: Toward a Positive Theory of Judicial Social Structure, 24 Ga. St. U. L. Rev. 977 (2008).
- Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991), in Gil Seinfeld, The Federal Courts as a Franchise: Rethinking the Justifications for Federal Question Jurisdiction, 97 Cal. L. Rev. 95 (2009).
Associate Professor of Law
Adam acted as the discussant at a faculty workshop at the College by David Olson (Boston College), Toward a First Amendment Based Copyright Misuse as part of the UC-Boston College Scholar Exchange Program. (Adam will be leading a faculty workshop at Boston College next month on his new paper, The Pleading Problem.)
Adam’s article, Sausage-Making, Pigs’ Ears, and Congressional Expansions of Federal Jurisdiction: Exxon Mobil v. Allapattah and its Lessons for the Class Action Fairness Act, 81 Wash L. Rev. 279 (2006), was cited in Joan Steinman, Claims, Civil Actions, Congress & the Court: Limiting the Reasoning of Cases Construing Poorly Drawn Statutes, 65 Wash. & Lee L. Rev. 1593 (2008).
Profile of Professor Steinman
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
- Chaired the meeting of the Board of Directors of the KnowledgeWorks Foundation
- Chaired the meeting of the Board of Directors of Student Loan Funding
- Chaired the meeting of the Board of Directors KnowledgeWorks Ohio
- Chaired the meeting of the Program and Grants Committee of the Ohio State Bar Foundation
- Attended the meeting of the Board of the Ohio State Bar Foundation
- Attended the meeting of the Board of the Greater Cincinnati Foundation
- Presented a lecture Dirty Energy Policy: Prelude to Climate Change at UC on behalf of the Presidents Advisory Council on Environment & Sustainability
- Submitted law review article Narrating Justice to the Univeristy of Cincinnati Law Review as the introduction to the Symposium: Narration and Law in the Poetry of Lawrence Joseph (forthcoming)
Professor of Law
Two of Verna’s articles were cited:
- The Heart of the Game: Putting Race and Educational Equity at the Center of Title IX, 7 Va. Sports & Ent. L.J. 21 (2008) (with Deborah Brake), in Jared R. Churchill, Elizabeth R. Gersh, & Jennifer Ward, Coaches Corner: Law Review, 38 J.L. & Educ. 215 (2009).
- Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wisc. L. Rev. 15, in Dawinder S. Sidhu, Are Blue and Pink the New Brown? The Permissibility of Sex-segregated Education as Affirmative Action, 17 Cornell J.L. & Pub. Pol'y 579 (2008).