Faculty News: May 2009
Faculty News May 2009 Issue
Marjorie Corman Aaron
Professor of Clinical Law and Director, Center for Practice
Marjorie participated in a panel discussion on When the Music Stops: How to Overcome "Insulting" First Offers, Bad Faith Refusals to Negotiate and Other Impasses in Bargaining at the ABA Section on Dispute Resolution Conference. The panel discussed clips in a newly issued mediation DVD in which Marjorie was one of two featured mediators. Marjorie also presented teaching advice for her three phase simulation exercise, Bagger-Delishco, in the “Shoptalk” session of the Legal Educators’ Coloquium at the ABA Conference.
Timothy K. Armstrong
Assistant Professor of Law
Tim’s topic proposal, Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, was accepted by the AALS Law and Computers Section for presentation at the AALS Annual Meeting in January 2010 in New Orleans.
Profile of Professor Armstrong
Lin (Lynn) Bai
Assistant Professor of Law
Lin’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 (Duke) & Randall S. Thomas (Vanderbilt)), was selected as one of the Top 10 Corporate and Securities Articles of 2008 by the Corporate Practice Commentator.
Marianna Bettman
Professor of Clinical Law
Marianna moderated the Judges Panel on Leadership (Judges Allen, Cunningham, Hopkins and West) at the CALL Program-Ethics, Justice and Values. She made a CLE Presentation, Ohio Supreme Court Update, to the Spring Convention of Ohio Magistrates in Cincinnati.
Marianna arranged the Judge-in-Residence Program for this year’s visiting jurist, Hon. Thomas B. Griffiths of the U.S. Court of Appeals for the D.C. Circuit.
Marianna was appointed by Governor Strickland to chair one of the two Ohio Judicial Appointments Recommendation Panels, which evaluate the qualifications of all applicants for judicial vacancies and make non-binding recommendations to the governor.
Marianna published a column in the American Israelite and the Cincinnati Herald on The Right to Confront Witnesses.
Louis D. Bilionis
Dean and Nippert Professor of Law
Lou was quoted in Blake D. Morant, Reflections of a Novice: Four Tenets for a New Dean, 40 U. Tol. L. Rev. 385 (2009).
Barbara Black
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara’s article, Eliminating Securities Fraud Class Actions under the Radar, was accepted for publication in the Columbia Business Law Review. She presented the article at the National Association of Shareholder and Consumer Attorneys (NASCAT) Annual Meeting in Scottsdale, Arizona.
Barbara participated in a panel discussion on Loss Causation Issues After Dura at the 15th Institute of Law and Economic Policy (ILEP) conference on Recoveries for Victims of Securities Fraud in Scottsdale. ILEP is a public policy research and educational foundation established to preserve, study and enhance access to the civil justice system by all consumers. Barbara’s commentary will be published in the University of Iowa College of Law’s Journal of Corporate Law.
Barbara’s Corporate Law Center held its annual symposium at the College on New Models of Regulating the Financial Markets: The SEC at 75.
Barbara’s articles, Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. L. 317 (2008), and The Explained Award of Damocles: Protection or Peril in Securities Arbitration, 34 Sec. Reg. L.J. 17 (2006) (with Jill Gross), were cited in Verity Winship, Public Agencies and Investor Compensation: Examples from the SEC and CFTC, 61 Admin. L. Rev. 137 (2009).
A. Christopher Bryant
Professor of Law
Chris’s essay, The Empirical Judiciary (reviewing David L. Faigman, Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford University Press 2008)) was accepted for publication in peer-reviewed Constitutional Commentary.
Chris participated on a panel at the College on California’s Proposition 8 that was cosponsored by Out and Allies and the Women's Center.
Chris’s 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 John O. McGinnis & Charles W. Mulaney, Judging Facts Like Law, 25 Const. Comment. 69 (2009).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul published Federal Wealth Transfer Taxation (Foundation Press 6th ed. 2009) (with Paul McDaniel (Florida) & James Repetti (Boston College)).
The Law Stories Series of Foundation Press, for which Paul serves as Series Editor, published Corporate Law Stories, by J. Mark Ramseyer (Harvard).
Paul celebrated the Five-Year Anniversary of his TaxProf Blog — the most-visited law-focused blog edited by a single law professor (with over 6.8 million visitors and 9.2 million page views).
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:
- 5 issues of Tax Law & Policy (vol. 10, nos. 11-15)
- 1 issue of Practitioner Series (vol. 9, no. 6)
- 1 issue of International & Comparative Tax (vol. 9, no. 7)
Paul was featured in a College of Law e-News article, Tax Law Professor and Associate Dean Paul Caron Finds His Niche.
Paul’s TaxProf Blog posting, Kysar: Transition Rules and Statutory Interpretation in G-I Holdings, was cited in the government’s brief in opposition in In re G-I Holdings, 369 B.R. 832 (D.N.J. 2007). He was quoted in a Gannett News article, Budget 101: Easy to Spend, Tough to Tax.
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, 60 Hastings L.J. ____(2009), was featured on Larry Solum’s Legal Theory Blog, Doug Berman’s Sentencing Law and Policy Blog, and the Wall Street Journal’s Stories From Around the Web.
Profile of Professor Carroll
Jacob Katz Cogan
Assistant Professor of Law
Jacob co-organized and attended a Yale Law School conference on Realistic Idealism in International Law: A Conference in Honor of W. Michael Reisman. His article, Competition and Control in International Adjudication, 48 Va. J. Int’l L. 411 (2008), was cited in Laurence R. Helfer, Karen J. Alter, & M. Florencia Guerzovich, Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community, 103 Am. J. Int'l L. 1 (2009).
Margaret Drew
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret received the 2009 Goldman Award for Excellence in Law Teaching. She participated in a day-long meeting sponsored by the National Network to End Domestic Violence in New York City that brought together battered women and their advocates to discuss barriers to abused women obtaining custody of their children. Margaret also attended a meeting of the ABA Commission on Domestic Violence in Savannah, Georgia.
Profile of Professor Drew
Thomas D. Eisele
Professor of Law
Tom received the 2009 Goldman Award for Excellence in Law Teaching.
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark visited several law schools in China, where he gave a talk on Wrongful Conviction of the Innocent in the United States. In Beijing, Mark spoke at Renmin University Law School and Beijing Normal University Law School. Mark also went to dinner and met informally with faculty and students from both schools.
Mark then visited UC's sister law school at Shandong University in Jinan, China. There, Mark was a visiting scholar, and made presentations and gave seminars on a variety of topics. Mark also met extensively with criminal law faculty, who discussed with Mark some of China's high profile innocence cases and exonerations in recent years. Mark also visited the coastal city of Qindao, China, where he met with criminal law faculty from Qindao law school. In Qindao, Mark was hosted by the Deheng Law Firm, a prominent Chinese law firm that specializes in criminal defense. Mark spoke to the criminal law department of the firm, and went to dinner with the Chairman and several key partners in the criminal justice department where they discussed the possibility of stating an innocence project in China.
The tour was very helpful to Mark's understanding of how China's criminal justice system handles post-conviction claims of innocence. Mark made numerous contacts that will hopefully pave the way for comparative scholarship, and possibly joint research with Chinese scholars, in the future.
Mark published Professor Mark Godsey on the Sixth Circuit’s Garner v. Mitchell, 2009 Emerging Issues 3527 (Apr. 16, 2009). He was quoted in Garner v. Mitchell, 557 F.3d 257 (2009). Mark’s articles, Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006), and When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), were cited in Charles Alan Wright, et al., Federal Practice and Procedure (West 2009 Supp.).
Mark was quoted in:
- 3 Freed by DNA Tests Push Reform, Columbus Dispatch, Apr. 2, 2009, at 05B.
- Widmer Juror Has Misgiving, Cincinnati Enquirer, Apr. 11, 2009, at 1A.
- Widmer Juror: Jury Violated Judge's Order, Cincinnati Enquirer, Apr. 10, 2009.
- Widmer to Appeal Conviction, Cincinnati Enquirer, Apr. 9, 2009, at 1B.
Emily Houh
Gustavus Henry Wald Professor of Law and Contracts
Emily presented Contracting Identities: Toward an Antisubordination Theory of Contract Law at the Critical Race Theory Workshop at UCLA. Her article, Cracking the Egg: Which Came First–Stigma or Affirmative Action?, 96 Cal. L. Rev. 1299 (with Angela Onwuachi-Willig & Mary Campbell), was cited in Carla D. Pratt, Way to Represent: The Role of Black Lawyers in Contemporary American Democracy, 77 Fordham L. Rev. 1409 (2009).
Kristin Kalsem
Professor of Law
Kristin’s article, Alice in Legal Wonderland: A Cross-Examination of Gender, Race, and Empire in Victorian Law and Literature, 24 Harv. Women's L. J. 221 (2001), was cited in Ruthann Robson, A Servant of One's Own: The Continuing Class Struggle in Feminist Legal Theories and Practices, 23 Berkeley J. Gender L. & Just. 392 (2008) (reviewing Alison Light, Mrs. Woolf and the Servants: An Intimate History of Domestic Life in Bloomsbury (2008)).
Christo Lassiter
Professor of Law and Criminal Justice
Christo was quoted in:
- Juror Actions Questioned in Bathtub Drowning Case, USA Today, Apr. 28, 2009 and Newark Advocate, Apr. 28, 2009.
- Widmer Moves for Acquittal, Cincinnati Enquirer, Apr. 9, 2009, at 1B.
- Widmer Juror: 'We Were All Sure', Cincinnati Enquirer, Apr. 4, 2009, at 1A.
- Was Widmer Jury Logical?, Cincinnati Enquirer, Apr. 3, 2009.
- Defense Gets its Chance, Cincinnati Enquirer, Mar. 30, 2009, at 1B.
- Bathtub Death Trial Starts Monday, Cincinnati Enquirer, Mar. 22, 2009.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
Bert’s book, Women's Rights: A Human Rights Quarterly Reader (Johns Hopkins University Press 2006), was cited in Lara Stemple, Male Rape and Human Rights, 60 Hastings L.J. 605 (2009).
Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights
Bradford Mank
James B. Helmer, Jr. Professor of Law
Several of Brad’s articles were cited:
- Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better than Judicial Literalism, 53 Wash. & Lee L. Rev. 1231 (1996), in Alexander Volokh, Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else, The Legal Workshop, Apr. 20, 2009.
- 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 N.C. ex rel. Cooper v. Tenn. Valley Auth., 593 F. Supp. 2d 812 (W.D.N.C. 2009).
- Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Megha Shah, Grassroots Enforcement of EISA: The Need for a Citizen Suit Provision in the Energy Independence and Security Act of 2007, 77 Geo. Wash. L. Rev. 488 (2009).
- 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 William H. Rodgers, Environmental Law (West 2008 Supp.)
Stephanie McMahon
Assistant Professor of Law
Stephanie’s article, A Life of its Own: The Rhetorical Power of the Income Tax in the United States through World War I, was accepted for publication in the peer-reviewed Pittsburgh Tax Review.
Darrell Miller
Assistant Professor of Law
Darrell received the 2009 Goldman Award for Excellence in Law Teaching. His article, Guns as Smut: A First Amendment Framework for the Second Amendment, was accepted for publication in the Columbia Law Review. Darrell’s book chapter, A Thirteenth Amendment Agenda for the Twenty-First Century: Of Promises, Power and Precautions, was accepted for publication in Promises of Liberty: Thirteenth Amendment Abolitionism and its Contemporary Vitality (Alexander Tsesis ed.) (Columbia University Press 2009).
Darrell presented, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), at the University of Chicago’s conference, Slavery, Abolition, and Human Rights: Interdisciplinary Perspectives on the Thirteenth Amendment.
Douglas Mossman
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas completed a manuscript, What Can We Learn from Recent Antipsychotic Drug Litigation? (with 3L Weaver fellow Jill L. Steinberg). Two of his articles were accepted for publication:
- Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation, (with 3L Weaver fellow Jill L. Steinberg), in the Michigan State University Journal of Medicine and Law.
- Incompetence to Maintain a Divorce Action: When Breaking Up Is Odd to Do (with 3L Weaver Fellow Amanda N. Shoemaker), in the St. John’s Law Review.
Three of Douglas’s articles were cited:
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Jeremy Coid, et al., Gender Differences in Structured Risk Assessment: Comparing the Accuracy of Five Instruments, 77 J. Consulting & Clin. Psychol. 337 (2009).
- Diagnostic-tests and Information-theory, 4 J Neuropsychiatry Clin Neurosciences, 95 (1992), in Yi N. Wang, A Two-Dimensional Hybrid Logic of Subset Spaces, Logic and its Applications 5378: 19(6) (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 Cuneyt Evren & Ercan Dalbudak, Relationship of Personality Trait Impulsivity with Clinical Variables in Male Alcohol-Dependent Inpatients, 19 Klinik Psikofarmakoloji Bulteni-Bulletin of Clinical Psychopharmacology 15 (2009).
Douglas was quoted in Braden v. Bagley, No. 2:04-CV-842, 2009 WL 922363 (S.D.Ohio).
Ronna Greff Schneider
Professor of Law
Two of Ronna’s books were cited:
- Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group 2004), in William E. Hartsfield, Investigating Employee Conduct (Clark Boardman Callaghan, 2009 Supp.).
- Education Law Stories, (Foundation Press 2008) (with Michael A. Olivas), in Rachel F. Moran, Rethinking Race, Equality, and Liberty: The Unfulfilled Promise of Parents Involved, 69 Ohio St. L.J. 1321 (2008).
Profile of Professor Schneider
Michael E. Solimine
Donald P. Klekamp Professor of Law
Several of Michael’s articles were cited.
- Choice of Law in the American Courts in 1991, 40 Am. J. Comp. L. 951 (1992), in Symeon C. Symeonides, Choice of Law in the American Courts in 2008: Twenty-second Annual Survey, 57 Am. J. Comp. L. 269 (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 Alan Ides & Christopher N. May, Civil Procedure (Aspen 3d ed. 2009), and Richard A. Nagareda, Class Certification in the Age of Aggregate Proof, 84 N.Y.U. L. Rev. 97 (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 Stephen J. Choi, G. Mitu Gulati & Eric A. Posner, Are Judges Overpaid? A Skeptical Response to the Judicial Salary Debate, 1 J. Legal Analysis 1 (2009).
- The False Promise of Judicial Elections in Ohio, 30 Cap. U.L. Rev. 559 (2002), in Bruce I. Petrie, Sr., Political Patronage in Ohio: Governor Taft’s Judicial Appointees, 77 U. Cin. L. Rev. 645 (2008), and Jonathan Remy Nash, Judicial Election Versus Judicial Appointment: Evaluating the Potential for a Race to the Bottom, 64 NYU Ann. Survey of Am. Law 617 (2009).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Peter Hay, Russell J. Weintraub & Patrick J. Borchers, Conflict of Laws (Foundation Press, 13th ed. 2009).
- Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), and Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Tom S. Clark, A Principal-Agent Theory of En Banc Review, 25 J. L., Econ. & Org. 55 (2009).
- Status Seeking and the Allure and Limits of Law School Rankings, 81 Ind. L.J. 299 (2006), in Michael S. Kang, To Here from Theory in Election Law, 87 Texas L. Rev. 787 (2009).
- Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Allan Ides & Christopher N. May, Civil Procedure (Aspen, 3d ed. 2009).
Adam Steinman
Associate Professor of Law
Several of Adam’s publications were cited:
- Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007), in Henry v. Lake Charles American Press, No. 08-30201, 2009 WL 989190 (5th Cir.(La.)).
- 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), What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?), 84 Notre Dame L.Rev. 245 (2008), and '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 Charles Alan Wright, et al., Federal Practice and Procedure (West 2009 Supp.).
- His November 2008 comment to the Advisory Committee on Rules of Civil Procedure, which presented arguments made in his essay An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process, 103 Nw. U. L. Rev. Colloquy 230 (2008), was cited repeatedly in the April 2009 Agenda Materials for the Advisory Committee on Rules of Civil Procedure.
Profile of Professor Steinman
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Two of Joe’s publications were cited:
- Energy Law in a Nutshell (West 1981), in John A. Sautter, The Clean Development Mechanism in China: Assessing the Tension between Development and Curbing Anthropogenic Climate Change, 27 Va. Envtl. L.J. 91 (2009).
- Four Failures of the Political Economy, 6 Tul. Envtl. L.J. 1 (1992), in Fred C. Zacharias, True Confessions about the Role of Lawyers in a Democracy, 77 Fordham L. Rev. 1591 (2009).
Verna Williams
Professor of Law
Verna was named to a bipartisan committee that will recommend the U.S. attorney and federal marshal for Northern Ohio.
Faculty News is edited by Paul L. Caron, Associate Dean of Faculty and Charles Hartsock Professor of Law.
Back issues can be accessed from the Faculty News Archive.