Faculty News April 2010 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie’s article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in John Lande & Jean R. Sternlight, The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio St. J. on Disp. Resol. 247 (2010).
Timothy K. Armstrong
Associate Professor of Law
Several of Tim’s articles were cited:
- Fair Circumvention, 74 Brook. L. Rev. 1 (2008), in Todd C. Adelmann, Are Your Bits Worn Out? The DMCA, Replacement Parts, and Forced Repeat Software Purchases, 8 J. on Telecomm. & High Tech. L. 185 (2010).
- Rich Texts: Wikisource as an Open Access Repository for Law and the Humanities, and Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, 27 Santa Clara Computer & High Tech. L.J. ___ (2010), in Gary Price & Shirl Kennedy, Two Forthcoming Papers on Crowdsourcing, Open Access, Wikisource, Legal & Humanities Research, ResourceShelf, Mar. 16, 2010.
Lin (Lynn) Bai
Assistant Professor of Law
Lynn completed a new article, Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settelments on Targeted Firms (with James D. Cox (Duke) & Randall S. Thomas (Vanderbilt). She was the discussant for two faculty workshops as part of the College’s Scholar Exchange Program:
- Paulo Barrozo (Boston College), The Doctrinal Structure of Constitutional Punishment.
- Stephen Choi (NYU), The Supreme Court’s Impact on Securities Class Actions: An Empirical Assessment of Tellabs (with Adam Pritchard (Michigan)).
Dean & Nippert Professor of Law
Several of Lou’s articles were cited:
- Eighth Amendment Meanings from the ABA’s Moratorium Resolution, 61 Law & Contemp. Probs. 29 (1998), in Jesse Cheng, Frontloading Mitigation: The "Legal" and the "Human" in Death Penalty Defense, 35 Law & Soc. Inquiry 39 (2010).
- The New Scrutiny, 51 Emory L.J. 481 (2002), in Anja Seibert-Fohr, The Rise of Equality in International Law and its Pitfalls: Learning from Comparative Constitutional Law, 35 Brook. J. Int'l L. 1 (2010).
- Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Alexa Lawson-Remer, Rightful Prosecution or Wrongful Persecution? Abuse of Honest Services Fraud for Political Purpose, 82 S. Cal. L. Rev. 1289 (2010).
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara presented her paper, The U.S. as Shareholder, at The Ohio State University College of Law Entrepreneurial Business Law Journal’s Symposium on The Relationship between American Government and American Business. Her article, Protecting the Retail Investor in an Age of Financial Uncertainty, will be published in 34 U. Dayton L. Rev. ___ (2009) as part of a symposium issue on The Fall from the Bailout: The Impact of the 2008 Bailout on Lending Regulation, Securities Regulations, and Business Ethics. (The keynote speaker at the Symposium was former-SEC Chairman Harvey L. Pitt.)
Several of Barbara’s articles were cited:
- Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jennifer J. Johnson, Private Placements: A Regulatory Black Hole, 35 Del. J. Corp. L. 151 (2010).
- Brokers and Advisers—What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Arthur B. Laby, Reforming the Regulation of Broker-dealers and Investment Advisers, 65 Bus. L. 395 (2010).
- Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Christine Sgarlata Chung, From Lily Bart to the Boom-boom Room: How Wall Street's Social and Cultural Response to Women Has Shaped Securities Regulation, 33 Harv. J.L. & Gender 175 (2010).
A. Christopher Bryant
Professor of Law
Chris completed a new article, The Pursuit of Perfection: Congressional Power to Enforce the Reconstruction Amendments.
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul completed a new article, Pursuing a Tax LLM Degree: Why and When? (with Jennifer M. Kowal (Loyola-L.A.) & Katherine Pratt (Loyola-L.A.)).
Paul spent UC’s spring break teaching a one-week short course, Selected Advanced Topics in Federal Income Taxation, at Pepperdine University School of Law as the Straus Distinguished Visiting Professor of Law.
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 5 issues of Tax Law & Policy (vol. 11, nos. 15-19)
- 5 issues of Practitioner Series (vol. 10, nos. 8-12)
- 6 issues of International & Comparative Tax (vol. 10, nos. 6-11)
Paul’s article, article, The Estate Tax Non-Gap: Why Repeal a 'Voluntary' Tax?, 20 Stan. L. & Pol'y Rev. 153 (2009) (with James R. Repetti (Boston College), was named by Trusts & Estates journal as one of six “Articles of Interest” published in student-edited law reviews in the first six months of 2009 (the article was favorably reviewed by Lloyd Leva Plaine (Sutherland Asbill & Brennan, Washington, D.C.), 149 Tr. & Est., Feb. 2010, at 51). His article, Back to the Future: Teaching Law Through Stories, 71 U. Cin. L. Rev. 405 (2002), was cited in Kenworthy Bilz, We Don't Want to Hear It: Psychology, Literature and the Narrative Model of Judging, 2010 U. Ill. L. Rev. 429. An item from Paul’s TaxProf Blog was featured on the Free Beer & Hot Wings syndicated morning radio show.
Jacob Katz Cogan
Associate Professor of Law
Jacob was co-awarded the American Society of International Law's 2010 Francis Deák Prize for his article, Representation and Power in International Organization: The Operational Constitution and Its Critics, 103 Am. J. Int’l L. 209 (2009). The prize is awarded annually to a young author for meritorious scholarship published in The American Journal of International Law.
- International Criminal Courts and Fair Trials: Difficulties and Prospects, 27 Yale J. Int'l L. 111 (2002), in Jenia Iontcheva Turner, Legal Ethics in International Criminal Defense, 10 Chi. J. Int'l L. 685 (2010).
- Imagining Democracy: Popular Sovereignty from the Constitution to the Civil War (Nov. 2002) (unpublished Ph.D. dissertation, Princeton), in Jed Handelsman Shugerman, Economic Crisis and the Rise of Judicial Elections and Judicial Review, 123 Harv. L. Rev. 1061 (2010).
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret’s article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), was cited in Nancy K. D. Lemon, A Transformative Process: Working as a Domestic Violence Expert Witness, 24 Berkeley J. Gender L. & Just. 208 (2009).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Several of Mark’s articles were cited:
- Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005); The New Frontier of Constitutional Confession Law—The International Arena: Exploring the Admissibility of Confessions Taken by U.S. Investigators from Non-Americans Abroad, 91 Geo. L.J. 851 (2003); and Miranda's Final Frontier—The International Arena: A Critical Analysis of U.S. v. Bin Laden, and a Proposal for a New Miranda Exception Abroad, 51 Duke L.J. 1703 (2002), in Wadie E. Said, Coercing Voluntariness, 85 Ind. L.J. 1 (2010).
- Reliability Lost, False Confessions Discovered, 10 Chap. L. Rev. 623 (2007), in Brian R. Gallini, Police “Science” in the Interrogation Room: Seventy Years of Pseudo-psychological Interrogation Methods to Obtain Inadmissible Confessions, 61 Hastings L.J. 529 (2010).
Mark served as counsel in:
- Roger Dean Gillispie v. Deb Timmerman-Cooper, 3:09-cv-471, 2010 U.S. Dist. LEXIS 25005, (S.D. Ohio, Mar. 17, 2010).
- Roger Dean Gillispie v. Deb Timmerman-Cooper, 3:09-cv-471, 2010 U.S. Dist. LEXIS 25004, (S.D. Ohio, Mar. 12, 2010).
Mark was quoted in:
- Ex-AG, Group Want Judge off Case: A.J. Wagner Not Impartial in Gillispie Retrial Request, Says Jim Petro, Dayton Daily News, Mar. 18, 2010, at A12.
- Evidence Bill Gets House Approval Sets Rules for Lineups, Keeping DNA Material, Cleveland Plain Dealer, Mar. 17, 2010, at B1.
- Ohio House: Wrongly Convicted Applaud Passage, Columbus Dispatch, Mar. 17, 2010, at 01B.
- House Passes DNA Bill: Measure Goes Back to Senate for Final Vote, Columbus Dispatch, Mar. 17, 2010.
- DNA Test Results; Inmate Still Waiting on Evidence of Innocence, Columbus Dispatch, Mar. 14, 2010, at 01B.
- Innocence Reform Bill Crafted at University of Cincinnati College of Law on Verge of Becoming Ohio Law, Mar. 17, 2010, US Fed News.
- Opening Statements Thursday In Kirkland Trial, WCPO.com, Mar. 4, 2010.
- Innocence Reform Bill Crafted at UC College of Law On Verge of Becoming Ohio Law, UC News, Mar. 16, 2010.
Gustavus Henry Wald Professor of Law and Contracts
Emily, Kristin Kalsem, and Verna Williams spoke at UCLA on a panel on Intersectionality in Action at the 4th Annual Critical Race Studies Symposium on Intersectionality.
Professor of Law
Two of Ann’s articles were ctied:
- A Military-Civilian Coalition for Disability Rights, 75 Miss. L.J. 975 (2006), in Thomas L. Hafemeister & Nicole A. Stockey, Last Stand? The Criminal Responsibility of War Veterans Returning from Iraq and Afghanistan with Posttraumatic Stress Disorder, 85 Ind. L.J. 87 (2010).
- Understanding and Implementing the ADA's Direct Threat Defense, 95 Nw. U. L. Rev. 1279 (2001), in Laura Rothstein & Julia Rothstein, Disabilities and the Law (Thomson-West, 4th ed. 2010 Supp.).
Professor of Law
Kristin, Emily Houh, and Verna Williams spoke at UCLA on a panel on Intersectionality in Action at the 4th Annual Critical Race Studies Symposium on Intersectionality.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
The Urban Morgan Institute’s involvement with the National Underground Railroad Freedom Center was discussed in Underground Railroad Center, Scholars Cast Eyes on an Old Evil, Diverse Issues in Higher Education, Mar. 15, 2010.
James B. Helmer, Jr. Professor of Law
Brad published Summers v. Earth Island Institute Rejects Probabilistic Standing, But Laidlaw Still Leaves an Opening for Threatened Injuries, 40 Envtl. L. 89 (2010). His article, Revisiting the Lyons Den: Summers v. Earth Island Institute’s Misuse of Lyons’ “Realistic Threat” of Harm Standing Test, was accepted for publication in the Arizona State Law Journal.
Brad’s article, Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), was cited in Nicholas A. Fromherz & Joseph W. Mead, Equal Standing with States: Tribal Sovereignty and Standing after Massachusetts v. EPA, 29 Stan. Envtl. L.J. 130 (2010).
Assistant Professor of Law
Two of Stephanie’s papers were accepted for publication:
- California Women: Using Federal Taxes to Put the ‘Community’ in Community Property, in the Wisconsin Journal of Law, Gender & Society.
- To Have and To Hold: Rethinking Marital Property and Federal Tax Filing, in the Nevada Law Journal.
Stephanie presented Tax Filing in the U.K.: A Guide for the U.S. When Eliminating the Marriage Penalty at Chase. Her paper, To Have and To Hold: Rethinking Marital Property and Federal Tax Filing, was cited in Lily Kahng, One Is the Loneliest Number: The Single Taxpayer in a Joint Return World, 61 Hastings L.J. 651 (2010).
Stephanie began a two year term on UC’s Center for the Enhancement of Teaching & Learning Advisory Council.
Assistant Professor of Law
Darrell participated in a symposium sponsored by the Northeastern University Law Journal on Chamber to Chambers: The Second Amendment in the New Century. Darrell spoke on a panel on Whose Right to Bear Arms? What Heller Changed.
His paper, Retail Rebellion and the Second Amendment, was accepted for publication in the Indiana Law Journal.
Darrell’s article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), was cited in Rebecca E. Zietlow, Free at Last! Anti-subordination and the Thirteenth Amendment, 90 B.U. L. Rev. 255 (2010).
Director, Glenn M. Weaver Institute of Law and Psychiatry
Doug published Splitting Treatment: How to Limit Liability Risk When You Share a Patient’s Care. 9 Current Psychiatry 43 (2010) (with Christina G. Weston). He attended the Annual Meeting of the Midwest Chapter of the American Academy of Psychiatry and the Law in Pittsburgh.
Doug’s article, Maximizing Diagnostic Information From the Dexamethasone Suppression Test An Approach to Criterion Selection Using Receiver Operating Characteristic Analysis, 46 Archives of General Psychiatry 653 (1989) (with Eugene Somoza), was cited in Vijaya K. Gothwal, McMonnies Questionnaire: Enhancing Screening for Dry Eye Syndromes with Rasch Analysis, 51 Investigative Ophthalmology & Visual Sci. 1401 (2010).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Several of Michael’s books and articles were cited.
- Appellate Practice and Procedure: Cases and Materials (Thomson-West, 2d ed. 2005) (with Robert Martineau, Kent Sinclair & Randy Holland), in Chad M. Oldfather, Error Correction, 85 Ind. L.J. 49 (2010).
- Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood 1999) (with James L. Walker), in Laura E. Little, Federal Courts (Aspen, 2d ed. 2010).
- 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), in David Fautsch, The Tax Injunction Act and Federal Jurisdiction: Reasoning From the Underlying Goals of Federalism and Comity, 108 Mich. L. Rev. 795 (2010).
- 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 Michael Dore, Law of Toxic Torts (Clark Boardman Callaghan, 2010 Supp.).
- Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert), in S. Ben Barnes, Voluntary Dismissal in Ohio: A Tale of an Ancient Procedure in a Modern World, 57 Clev. St. L. Rev. 921 (2009).
- The False Promise of Judicial Elections in Ohio, 30 Cap. U. L. Rev. 559 (2002), in Jason D. Grimes, Aligning Judicial Elections with Our Constitutional Values: The Separation of Powers, Judicial Free Speech, and Due Process, 57 Clev. St. L. Rev. 863 (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 Frank B. Cross, et al., Citations in the U.S. Supreme Court: An Empirical Study of Their Use and Significance, 2010 U. Ill. L. Rev. 489; and Thomas J. Forr, Want Less Ideology on the Federal Bench? Pay Judges More, 158 U. Pa. L. Rev. 859 (2010).
- The Law and Economics of Conflict of Laws, 4 Am. Law & Eco. Rev. 208 (2002) (reviewing Michael J. Whincop & Mary Keyes, Policy and Pragmatism in the Conflict of Laws (2001), in Katharina Klingel, The Principles of European Law in Personal Security (Mohr Siebeck Tübinger: Max Planck Institute 2009).
- Nepotism in the Federal Judiciary, 71 U. Cin. L. Rev. 563 (2002), in James F. Ianelli, The Sound of Silence: Eligibility Qualifications and Article III, 6 Seton Hall Cir. Rev. 55 (2009).
- The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temp. L. Rev. 425 (1992) (with James L. Walker), in James J. Brudney, The Supreme Court as Interstitial Actor: Justice Ginsburg’s Eclectic Approach to Statutory Interpretation, 70 Ohio St. L.J. 889 (2009).
- Recalibrating Justiciability in Ohio Courts, 51 Clev. St. L. Rev. 531 (2004), in Bradford Mank, Summers v. Earth Island Institute Rejects Probabilistic Standing, But Laidlaw Still Leaves an Opening for Threatened Injuries, 40 Envtl. L. 89 (2010).
- State Court Protection of Federal Constitutional Rights, 12 Harv. J.L. Pub. Pol’y 127 (1989) (with James Walker), in Austin L. Parrish, Duplicative Foreign Litigation, 78 Geo. Wash. L. Rev. 237 (2010).
Professor of Law
Adam’s article, The Pleading Problem, 62 Stan. L. Rev. ___ (2010), was cited in Brook Detterman, Rumors of Conley's Demise Have Been Greatly Exaggerated: The Impact of Bell Atlantic Corporation v. Twombly on Pleading Standards in Environmental Litigation, 40 Envtl. L. 295 (2010).
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe presented The Conflict between Law and Justice: Three Perspectives on Mar. 30, 2010 at Lewis Clark as part of his stint as Distinguished Environmental Scholar. Two of Joe’s publications were cited:
- Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2009 Supp.).
- Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Katharine Southard, U.S. Electric Utilities: The First Public-Private Partnerships? 39 Pub. Cont. L.J. 395 (2010).
Professor of Law
Verna, Emily Houh, and Kristin Kalsem spoke at UCLA on a panel on Intersectionality in Action at the 4th Annual Critical Race Studies Symposium on Intersectionality.