Faculty News Summer 2010 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Two of Marjorie’s articles were cited:
• For the General Practitioner: Dispute Resolutions: Do's and Don’ts for Mediation, GP Solo, Mar. 2006, at 30, in Nancy A. Welsh, What Is “(Im)partial Enough” in a World of Embedded Neutrals? 52 Ariz. L. Rev. 395 (2010); and
• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), in Donald R. Philbin, Jr., Decisional Errors: Why We Make Them and How to Address Them, 64 Disp. Resol. J. 64 (2009).
Timothy K. Armstrong
Associate Professor of Law
Tim’s article, Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, 47 Harv. J. on Legis. 359 (2010), is now in print.
Tim’s article, Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), was cited in Bradley Hamburger, Digital Video Recorders, Advertisement Avoidance, and Fair Use, 23 Harv. J.L. & Tech. 567 (2010).
Lin (Lynn) Bai
Associate Professor of Law
Lynn’s newest article, Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, 158 U. Pa. L. Rev. 1877 (2010) (with James D. Cox & Randall S. Thomas), is now in print.
Two of Lynn’s articles were cited:
• Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, 2009 Wis. L. Rev. 421 (with James D. Cox & Randall S. Thomas), in Donald C. Langevoort, Reading Stoneridge Carefully: A Duty-based Approach to Reliance and Third-party Liability under Rule 10b-5, 158 U. Pa. L. Rev. 2125 (2010); and
• 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), in Donald C. Langevoort, Reading Stoneridge Carefully: A Duty-based Approach to Reliance and Third-party Liability under Rule 10b-5, 158 U. Pa. L. Rev. 2125 (2010).
Professor of Clinical Law
Marianna authored an amicus curiae brief for the Ohio State Bar Association (with William K. Weisenberg & Eugene P. Whetzel) in Erwin, Admr. v. Bryan et al.; Swoger et al., 125 Ohio St. 3d 519, 2010 Ohio 2202, 929 N.E.2d 1019.
The Ohio Judicial Appointments Recommendation Panel (ODARP), on which Marianna serves as an at-large member and panel chair, recommended candidates for vacancies on the Municipal Courts of Delaware and Hamilton Counties.
Marianna authored and published several articles in her monthly column Legally Speaking, which appears regularly in the American Israelite and the Cincinnati Herald:
• Accommodating jurors with disabilities, The American Israelite, Apr. 1, 2010, at 20;
• How long can I sue?, The American Israelite, June 3, 2010, at 20; and
• How many DNA tests does one prisoner get?, The American Israelite, July 1, 2010, at 21.
Louis D. Bilionis
Dean and Nippert Professor of Law
Two of Lou’s articles were cited:
• Criminal Justice after the Conservative Reformation , 94 Geo. L.J. 1347 (2006), in Lawrence Baum & Neal Devins, Why the Supreme Court Cares about Elites, Not the American People, 98 Geo. L.J. 1515 (2010); and
• Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Risa L. Goluboff, Dispatch from the Supreme Court Archives: Vagrancy, Abortion, and What the Links between Them Reveal about the History of Fundamental Rights, 62 Stan. L. Rev. 1361 (2010).
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara’s articles, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 11 U. Pa. J. Bus. L. ___ (forthcoming 2010); The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L.J. ___ (forthcoming 2010); and Securities Law Round Up – 2009-2010 (PLI, Securities Arbitration 2010), were accepted for publication. Barbara also finished a new manuscript entitled, Can Behavioral Economics Inform Our Understanding of Securities Arbitration?, SSRN Working Paper Series, July 24, 2010.
Barbara co-organized and presented her paper, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 11 U. Pa. J. Bus. L. ___ (forthcoming 2010), at the Midwest Corporate Scholars Conference (June 22, 2010), which was held at UC Law;
Barbara presented Securities Law Round Up – 2009-2010 (Practicing Law Institute, Securities Arbitration 2010) and moderated a panel on Developments in FINRA [Financial Industry Regulatory Authority] Arbitration Discovery Process at a PLI program in New York on Aug. 11, 2010.
Staff members of the Congressional Oversight Panel (which is part of the U.S. Department of Treasury and is responsible for oversight of the Troubled Asset Relief Program (TARP), interviewed Barbara by telephone on Aug. 20 about the proposals set forth in her paper, The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L.J. ___ (forthcoming 2010).
Several of Barbara’s publications were cited:
• Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jill E. Fisch, Rethinking the Regulation of Securities Intermediaries, 158 U. Pa. L. Rev. 1961 (2010), and in Jayne W. Barnard, Deception, Decisions, and Investor Education, 17 Elder L.J. 201 (2010);
• Perceptions of Fairness of Securities Arbitration: An Empirical Study (U. of Cincinnati Public Law Research Paper No. 08-01), in Nancy A. Welsh, What is “(Im)partial Enough” in a World of Embedded Neutrals? 52 Ariz. L. Rev. 395 (2010), and in Bradley J. Bondi, Facilitating Economic Recovery and Sustainable Growth Through Reform of the Securities Class-action System: Exploring Arbitration as an Alternative to Litigation, 33 Harv. J.L. & Pub. Pol'y 607 (2010);
• 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 Michael J. Kaufman & John M. Wunderlich, Resolving the Continuing Controversy Regarding Confidential Informants in Private Securities Fraud Litigation, 19 Cornell J.L. & Pub. Pol'y 637 (2010); and
• Stoneridge Investment Partners v. Scientific-Atlanta: What Makes It the Most Important Securities Case in a Decade?, (U. Cincinnati Public Law Research Paper No. 07-21, 2007), in Sharon Hannes, Compensating for Executive Compensation: The Case for Gatekeeper Incentive Pay, 98 Cal. L. Rev. 385 (2010).
Barbara was quoted in Net Worth: Reform Bill May Cut Mandatory Arbitration, Scrippsnews, June 2, 2010.
A. Christopher Bryant
Professor of Law
Two of Chris’s articles were cited:
• Presidential Signing Statements and Congressional Oversight, 16 Wm. & Mary Bill Rts. J. 169 (2007), in Luke Meier, Facial Challenges and Separation of Powers, 85 Ind. L.J. 1557 (2010); and
• Youngstown Revisited, 29 Hastings Const. L.Q. 373 (2002) (with Carl Tobias), in Edward T. Swaine, The Political Economy of Youngstown, 83 S. Cal. L. Rev. 263 (2010).
Chris completed a draft of an extended essay entitled, ‘What McDonald Means for Unenumerated Rights,’ which is available on his SSRN page.
Paul L. Caron
Charles Hartsock Professor of Law
Paul’s article, The Costs of Estate Tax Dithering, 44 Creighton L. Rev. ___ (2010), has been accepted for publication.
Several of Paul’s articles were cited:
• Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers, 21 Const. Comment. (2004) (with Rafael Gely), in Nontaxpayer Standing, Religious Favoritism, and the Distribution of Government Benefits: The Outer Bounds of the Endorsement Test, 123 Harv. L. Rev. 1999 (2010);
• Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, 84 Wash. U. L. Rev. 1025 (2006), in Richard A. Danner, Supporting Scholarship: Thoughts on the Role of the Academic Law Librarian, 39 J.L. & Educ. 365 (2010);
• Tax Myopia Meets Tax Hyperopia: The Unproven Case of Increased Judicial Deference to Revenue Rulings, 57 Ohio St. L.J. 637 (1996), in Leonora Meyercord, Avoiding State Bankruptcy: Mediation as an Alternative to Resolving State Tax Disputes, 29 Rev. Litig. 925 (2010); and
Zelenak, Cancellation-of-indebtedness Income and Transactional Accounting, 29 Va. Tax Rev. 277 (2010).
Paul's TePoel Lecture and Keynote Address at the Creighton Law Review Symposium on Estate Planning: Moral, Ethical and Religious Perspectives, The Costs of Estate Tax Dithering, was published in 43 Creighton L. Rev. 637 (2010).
Paul taught Tax I at the University of San Diego School of Law as the Herzog Summer Visiting Professor in Taxation. The ABA Journal reported on one of his students, who had to miss class to participate in the World Series of Poker in Las Vegas.
Paul and his TaxProf Blog were profiled in the Cincinnati Business Courier (Aug. 6, 2010), University of Cincinnati Prof’s Tax Law Blog Widely Read, but No Cash Cow
Paul attended the 2010 CALI Conference for Law School Computing on Reboot Legal Education at Rutgers-Camden, where he participated in a meeting of the CALI Board of Directors (on which he serves as Vice-President).
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
· 17 issues of Tax Law & Policy (vol. 11, nos. 35-51)
· 13 issues of Practitioner Series (vol. 10, nos. 22-34)
· 12 issues of International & Comparative Tax (vol. 10, nos. 19-30)
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret attended the Georgetown Institute on Clinical Teaching, a four-day intensive training in which she, along with approximately twenty other experience clinicians, explored best practices and shifting perspectives in clinical teaching.
Margaret presented at a state-wide training for Tennessee Legal Aid Attorneys held in Nashville on new perspectives on domestic violence as well as on self-care for attorneys representing victims of violence.
Margaret attended the American Bar Association Annual Meeting in San Francisco where she attended a meeting of the Commission on Domestic Violence. Margaret was a member of the ABA workgroup that designed and promoted the Civil Right to Counsel Model Act, which the ABA House of Delegates endorsed.
Margaret’s correspondence with Professor Sarah Buel (University of Texas School of Law), who consulted with Margaret due to her expertise in the area of domestic violence, was cited in Sara M. Buel, Putting Forfeiture to Work, 43 U.C. Davis L. Rev. 1295 (2010).
Jacob Katz Cogan
Associate Professor of Law
Several of Jacob’s publications were cited:
• Competition and Control in International Adjudication, 48 Va. J. Int’l L. 411 (2008), in Anthea Roberts, Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States, 104 Am. J. Int'l L. 179 (2010);
• The Look Within: Property, Capacity, and Suffrage in Nineteenth-Century America, 107 Yale L.J. 473 (1997), in William N. Eskridge, Jr., Sexual and Gender Variation in American Public Law: From Malignant to Benign to Productive, 57 UCLA L. Rev. 1333 (2010); and
• Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (Martinus Nijhoff Publishers, forthcoming 2010) (with Mahnoush H. Arsanjani, Robert D. Sloane, & Siegfried Wiessner), in Anthea Roberts, Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States, 104 Am. J. Int'l L. 179 (2010);
• Noncompliance and the International Rule of Law, 31 Yale J. Int’l L. 189 (2006), in Saira Mohamed, Restructuring the Debate on Unauthorized Humanitarian Intervention, 88 N.C. L. Rev. 1275 (2010).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark gave a presentation at Witwatersrand Law School in Johannesburg South Africa on the Innocence Movement in the U.S. and internationally.
Mark presented to the UC Law Faculty on a work-in-progress, ‘Wrongful Convictions and the Reverse CSI Effect.’
Mark gave a presentation, along with former Ohio Attorney General James Petro and three Ohio Innocence Project exonerees, to approximately 150 common pleas judges in Ohio at their annual summer conference in Oxford, Ohio.
Mark gave a presentation on “Revisiting Old Convictions in Light of New Technology” to federal judges at the Sixth Circuit Judicial Conference in Columbus, Ohio.
Mark’s article, Shining the Bright Light on Police Interrogation in America (reviewing Richard A. Leo, Police Interrogation and American Justice), 6 Ohio St. J. Crim. L. 711 (2009), was cited in Lunbery v. Hornbeak, 605 F.3d 754 (9th Cir. 2010).
Mark was quoted in:
• Supreme Court Refuses to Hear Kevin Keith Appeal, Bucyrus Telegraph Forum, June 2, 2010, at A1;
• Retest of DNA Clears Defendant of Charges, Columbus Dispatch, June 3, 2010;
• Criminal Court Reform, ToledoBlade.com, July 13, 2010;
• Mistrial Declared in Ryan Widmer Bathtub Drowning Case, Cincinnati Enquirer, June 2, 2010;
• Ohio's Longest-Serving Exoneree Visits the Ohio Innocence Project for the First Time, Targeted News Service, June 4, 2010;
• Ohio's New Criminal Court Rules Kick in, Cincinnati Enquirer, July 1, 2010;
• New State Law Requires Police to Store DNA Evidence, Dayton Daily News, July 5, 2010, at A1;
• DNA Law's Costs Worry County Crime Lab Director; Statute's Backer Says Keeping Evidence Ensures Justice, Dayton Daily News, July 5, 2010, at A7;
• Convict Fights for New Trial 22 Years after Crimes; R. Dean Gillispie Was Convicted of Raping, Kidnapping Three Women in 1988, Dayton Daily News, July 10, 2010, at A2;
• Third Ryan Widmer Trial Seems Certain, Experts Say, Cincinnati Enquirer, July 23, 2010;
• Man Imprisoned for Rape He Denied Dies of Cancer, Cleveland Plain Dealer, July 27, 2010, at B1;
• Widmer Case Witness May Be 'Jailhouse Snitch'; Witness Will Testify That Suspect Admitted Killing Wife, Prosecutor Says, Dayton Daily News, July 26, 2010, at A3;
• Gary Reece, 51, Freed by Innocence Project, Cincinnati Enquirer, Aug. 1, 2010, at B60;
• Cordray Forms Task Force for Retaining Biological Evidence, States News Service, Aug. 3, 2010;
• Strickland, Cordray: Test DNA in 7 Cases; Prosecutors Urged to OK Inmates' Requests, The Columbus Dispatch, Aug. 4, 2010, at 01A;
• Timeout from Death?; Questions in the Case of a Man Heading Toward Execution Prompt Calls for a Review of Death Row Cases – and a Possible Moratorium, Columbus Dispatch, Aug. 8, 2010, at 01A; and
• Parole Board Opposes Clemency for Killer, Cleveland Plain Dealer, Aug. 20, 2010, at B3.
Assistant Professor of Clinical Law and Director,Entrepreneurship and Community Development Center
The College of Law welcomes Lewis Goldfarb, who has just joined us as Assistant Clinical Professor of Law and Director of the College’s new Entrepreneurship and Community Development Clinic.
Lew presented at the Ninth Annual Transactional Clinical Law Conference at Arizona State University on April 29 & 30, 2010, serving as a panelist for a discussion on “Teaching Business Principles and Skills in Transactional Clinics.”
A summary of Lew’s comments (with Sheila L. Birnbaum) on Fed. R. Civ. P. 23(f) app. B was cited in Laura J. Hines, Mirroring or Muscling: An Examination of State Class Action Appellate Rulemaking, 58 U. Kan. L. Rev. 1027 (2010).
Associate Dean of Faculty and Gustavus Henry Wald Professor of Law and Contracts
Several of Emily’s articles were cited:
• Cracking the Egg: Which Came First—Stigma or Affirmative Action?, 96 Cal. L. Rev. 1299 (2008) (with Angela Onwuachi-Willig & Mary Campbell), in Deirdre M. Bowen, Brilliant Disguise: an Empirical Analysis of a Social Experiment Banning Affirmative Action, 85 Ind. L.J. 1197 (2010), and andré douglas pond cummings, The Associated Dangers of “Brilliant Disguises,” Color-blind Constitutionalism, and Postracial Rhetoric, 85 Ind. L.J. 1277 (2010);
• Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), in Angela P. Harris, Theorizing Class, Gender, and the Law: Three Approaches, 72 Law & Contemp. Probs. 37 (2010); and
• Still(,) at the Margins, 40 Law & Soc'y Rev. 481 (2006), in Angela Onwuachi-Willig, Complimentary Discrimination and Complementary Discrimination in Faculty Hiring, 87 Wash. U. L. Rev. 763 (2010).
In May, Emily attended a planning meeting in Chicago of the Law and Society Association (LSA) 2011 Program Committee, on which she serves.
In July, Emily, along with Professor Verna Williams, met with a delegation of business women from Kyrgyzstan to discuss issues relating to women in the legal and business professions. The delegation visited the College as part of their participation in the Open World Program of the Greater Cincinnati World Affairs Council.
Emily began serving as Associate Dean of Faculty at UC Law on July 1.
Professor of Law
Ann’s article Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), was cited in Megan Flynn, Olmstead Plans Revisited: Lessons Learned from the U.N. Convention on the Rights of Persons with Disabilities, 28 Law & Ineq. 407 (2010).
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 Mona Lewandoski, Barred from Bankruptcy: Recently Incarcerated Debtors in and Outside Bankruptcy, 34 N.Y.U. Rev. L. & Soc. Change 191 (2010).
Professor of Law and Criminal Justice
Christo’s article Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U. L. Rev. 79 (1998), was cited in Josephine Ross, Blaming the Victim: ‘Consent’ within the Fourth Amendment and Rape Law, 26 Harv. J. Racial & Ethnic Just. 1 (2010).
Christo was quoted in Ryan Widmer Jury Has Both Sides on Edge, Cincinnati Enquirer, May 28, 2010.
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
Bert’s article Litigating State Constitutional Rights to Happiness and Safety: A Strategy for Ensuring the Provision of Basic Needs to the Poor, 2 Wm. & Mary Bill Rts. J. 1 (1993) (with R. Collins Owens III & Grace A. Severyn), was cited in Helen Hershkoff, “Just Words”: Common Law and the Enforcement of State Constitutional Social and Economic Rights, 62 Stan. L. Rev. 1521 (2010).
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Several of Betsy’s articles were cited:
• The Interaction of the ADA, the FMLA, and Workers’ Compensation: Why Can’t We Be Friends?, 41 Brandeis L.J. 821 (2003), in Carmona v. Southwest Airlines Company, 604 F.3d 848 (5th Cir. 2010);
• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), in Eleanor D. Kinney, For Profit Enterprise in Health Care: Can it Contribute to Health Reform? 36 Am. J.L. & Med. 405 (2010);
33 Conn. L. Rev 603 (2001), in Carrie Griffin Basas, The New Boys: Women with Disabilities and the Legal Profession, 25 Berkeley J. Gender L. & Just. 32 (2010; and
• Teaching the New Three R's – Repression, Rights and Respect: A Primer of Student Speech Activities, 37 B.C. L. Rev. 119 (1995), in Ronald J. Krotoszynski, Jr., The Argot of Equality: on the Importance of Disentangling “Diversity” and “Remediation” as Justifications for Race-conscious Government Action, 87 Wash. U. L. Rev. 907 (2010).
James B. Helmer, Jr. Professor of Law
Several of Brad’s publications were cited:
• Can Plaintiffs Use Multinational Environmental Treaties as Customary International Law to Sue Under the Alien Tort Statute?, 2007 Utah L. Rev. 1085, in Kathleen Jaeger, Environmental Claims under the Alien Tort Statute, 28 Berkeley J. Int'l L. 519 (2010);
• Civil Remedies, in Global Climate Change and U.S. Law, 183 (Michael B. Gerrard ed. 2007), in Deepa Badrinarayana, Global Warming: A Second Coming for International Law? 85 Wash. L. Rev. 253 (2010);
• 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 Mark A. Latham, (Un)restoring the Chemical, Physical, and Biological Integrity of Our Nation's Waters: the Emerging Clean Water Act Jurisprudence of the Roberts Court, 28 Va. Envtl. L.J. 411 (2010);
• Protecting the Environment for Future Generations: A Proposal for a "Republican" Superagency, 5 NYU Envtl L.J. 444 (1996), in J. B. Ruhl, Climate Change Adaptation and the Structural Transformation of Environmental Law, 40 Envtl. L. 363 (2010); and in Jonathan S. Masur & Jonathan Remy Nash, The Institutional Dynamics of Transition Relief, 85 N.Y.U. L. Rev. 391 (2010).
• 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 Hae-June Ahn, Tribal Governments Should Be Entitled to Special Solicitude: the Overarching Sentiment of the Parens Patriae Doctrine, 37 Ecology L.Q. 625 (2010);
• Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. 1 (2009), in Michelle Fon Anne Lee, Surviving Summers, 37 Ecology L.Q. 381 (2010);
• Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Hae-June Ahn, Tribal Governments Should Be Entitled to Special Solicitude: the Overarching Sentiment of the Parens Patriae Doctrine, 37 Ecology L.Q. 625 (2010); and in Amy L. Stein, Climate Change under Nepa: Avoiding Cursory Consideration of Greenhouse Gases, 81 U. Colo. L. Rev. 473 (2010);
• Summers v. Earth Island Institute Rejects Probabilistic Standing, But Laidlaw Still Leaves an Opening for Threatened Injuries, 40 Envtl. L. 89 (2010), in Michelle Fon Anne Lee, Surviving Summers, 37 Ecology L.Q. 381 (2010);
• Superfund Contractors and Agency Capture, 2 N.Y.U. Envtl L.J. 34 (1993), in Jonathan S. Masur & Jonathan Remy Nash, The Institutional Dynamics of Transition Relief, 85 N.Y.U. L. Rev. 391 (2010); and
Brad’s essay, Standing in Monsanto Co. v. Geerston Seed Farms: Using Economic Injury as a Basis for Standing when Environmental Harm is Difficult to Prove, ___ Penn. St. L. Rev. ___ (forthcoming 2011), was accepted for publication.
Brad also completed an article, Summers v. Earth Island Institute: A Flawed Standing Decision, 40 Envtl. L. Rep. ___ (forthcoming 2010), which was a solicited article based in part on Brad’s presentation at a symposium at Georgetown Law School on February 26, 2010.
Stephanie Hunter McMahon
Assistant Professor of Law
Stephanie McMahon presented What Women Want: Joint and Several Tax Liability For Joint Filers on June 11 at Notre Dame at the 5th Annual Junior Tax Scholars' Workshop.
Stephanie’s article, California Women: Using Federal Taxes to Put the “Community” in Community Property, 25 Wis. J.L. Gender & Soc'y 35 (2010), is now in print.
Associate Professor of Law
Darrell’s article, Iqbal and Empathy, 78 UMKC L. Rev. 999 (2010), is now in print.
Two of Darrell’s articles were cited:
• Guns as Smut: A First Amendment Framework for the Second Amendment, 109 Colum. L. Rev. 1278 (2009), in Justice Stevens’s dissent in McDonald v. City of Chicago, 130 S.Ct. 3020 (2010); and in Anthony P. Badaracco, Firearm Federalism, 65 N.Y.U. Ann. Surv. Am. L. 761 (2010); and
• White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), in Rose Cuison Villazor, Rediscovering Oyama V. California: At the Intersection of Property, Race, and Citizenship, 87 Wash. U. L. Rev. 979 (2010).
Darrell completed a draft of Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Several of Doug’s publications were cited:
• AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial, 35 J. Am. Acad. Psychiatry & L. S3 (2007), in Kirk Heilbrun & Stephanie Brooks, Forensic Psychology and Forensic Science: A Proposed Agenda for the Next Decade, 16 Psychol. Pub. Pol’y & Law 219 (2010);
• Another Look at Interpreting Risk Categories, 18 Sexual Abuse – J. Res. & Treatment 41 (2006), in Leam A. Craig & Anthony R. Beech, Towards a Guide to Best Practice in Conducting Actuarial Risk Assessments with Sex Offenders, 15 Aggression &Violent Behav. 278 (2010);
• Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Charlotte Rennie & Mairead Dolan, Predictive Validity of the Youth Level of Service/case Management Inventory in Custody Sample in England, 21 J. Forensic Psychiatry & Psychol. 407 (2010); in John Olav Roaldset & Stal Bjorkly, Patients' Own Statements of Their Future Risk for Violent and Self-harm Behaviour: a Prospective Inpatient and Post-discharge Follow-up Study in an Acute Psychiatric Unit, 178 Psychiatry Res. 153 (2010); Rob H. S. van den Brink, et al., Routine Violence Risk Assessment in Community Forensic Mental Healthcare, 28 Behav. Sci. & L. 396 (2010); in Andrej Koenig, Usefulness and Practicality of Structured Risk Assessment Instruments in Forensic Psychiatry, 28 Recht & Psychiatrie 67 (2010); and in Eric B. Elbogen, et al., Improving Risk Assessment of Violence among Military Veterans: an Evidence-based Approach for Clinical Decision-making, 30 Clinical Psychol. Rev. 595 (2010);
• Avoiding Errors about `Margins of Error' , 191 Brit. J. Psychiatry 561 (2007), in Caleb D. Lloyd, Heather J. Clark, & Adelle E. Forth, Psychopathy, Expert Testimony, and Indeterminate Sentences: Exploring the Relationship Between Psychopathy Checklist-revised Testimony and Trial Outcome in Canada, 15 Legal & Criminological Psychol. 323 (2010);
• "Hired Guns," "Whores, "Prostitutes": Case Law References to Clinicians of Ill Repute 27 J. Am.. Acad. Psychiatry & L. 414 (1999), in Caleb D. Lloyd, Heather J. Clark, & Adelle E. Forth, Psychopathy, Expert Testimony, and Indeterminate Sentences: Exploring the Relationship Between Psychopathy Checklist-revised Testimony and Trial Outcome in Canada, 15 Legal & Criminological Psychol. 323 (2010);
• How a Rabbi’s Sermon Resolved My Tarasoff Conflict. 32 J. Am. Acad. Psychiatry & L. 359 (2004), in Jeffrey Carlisle & Ann T. Neulicht, The Necessity of Professional Disclosure and Informed Consent for Rehabilitation Counselors, 53 Rehabilitation Couns. Bull. 218 (2010);
• Intervals for Posttest Probabilities: a Comparison of 5 Methods. 21 Med. Decis. Making 498 (2001) (with James O. Berger), in Stijn M. Bierman, Between-year Variability in the Mixing of North Sea Herring Spawning Components Leads to Pronounced Variation in the Composition of the Catch, 67 ICES J. of Marine Sci. 885 (2010);
• ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Nazan Bilgel & Nuran Bayram, Turkish Version of the Depression Anxiety Stress Scale (DASS-42): Psychometric Properties, 47 Noropsikiyatri Arsivi-archives of Neuropsychiatry 118 (2010);
• 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 Ellen Hoxmark, Mary Nivison, & Rolf Wynn, Predictors of Mental Distress among Substance Abusers Receiving Inpatient Treatment, 5 Substance Abuse Treatment Prevention & Pol’y art. No. 15 (2010); and
• Veterans Affairs Disability Compensation: A Case Study in Countertherapeutic Jurisprudence, 24 Bull. Am. Acad. Psychiatry L. 27 (1996), in Gail Poyner, Psychological Evaluations of Veterans Claiming PTSD Disability with the Department of Veterans Affairs: A Clinician's Viewpoint, 3 Psychol. Inj. & L. 130 (2010).
Associate Dean for Curriculum and Student Affairs and Professor of Legal Research and Writing
Nancy participated in a panel of health care advocates who were invited to travel to the Centers for Disease Control and Prevention in Atlanta to meet with representatives of that organization working on preventing hospital-acquired infections.
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 Stephanie Klupinski, Getting past the Schoolhouse Gate: Rethinking Student Speech in the Digital Age, 71 Ohio St. L.J. 611 (2010).
• Education Law Stories, (Foundation Press, Stories Series, 2008) (with Michael A. Olivas), in Will Rhee, Entitled to Be Heard: Improving Evidence-based Policy Making Through Audience and Public Reason, 85 Ind. L.J. 1315 (2010).
Ronna was featured in The Intersection of the First Amendment and Education Inspires Professor Ronna Schneider, Updates@UCLaw, June 2010.
Michael E. Solimine
Donald P. Klekamp Professor of Law
Congratulations to Michael on the publication of his new casebook, Voting Rights and Election Law (Matthew Bender/LexisNexis 2010) (with Michael R. Domino, Sr. & Bradley A. Smith), and of his new article, State Judicial Elections and the Limits of Calibrating Access to the Federal Courts, 96 Va. L. Rev. In Brief 41 (2010).
Michael’s new article, Interstate Recognition of Same-Sex Marriage, the Public Policy Exception, and Clear Statements of Extraterritorial Effect, 41 Cal. W. Int’l L.J. ___ (forthcoming 2010), has been accepted for publication.
Michael presented his work-in-progress, State Amici, Collective Action, and the Development of Federalism Doctrine, to the UC Law faculty during its Summer 2010 Faculty Workshop series.
Several of Michael’s publications were cited:
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• Congress, Ex Parte Young, and the Fate of the Three-Judge District Court
70 U. Pitt. L. Rev. 101 (2008), in 2010 Supplement to Richard H. Fallon, et al., Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press 6th ed. 2009); and in Howard M. Wasserman, Civil Rights and Federal Courts: Creating a Two-Course Sequences, 54 St. Louis U. L.J. 821 (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 Eric A. Lindberg, Multijurisdictionality and Federalism: Assessing San Reno Hotel’s Effect on Regulatory Takings, 57 UCLA L. Rev. 1819 (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 Laura J. Hines, Mirroring or Muscling: An Examination of State Class Action Appellate Rulemaking, 58 Kan. L. Rev. 1027 (2010);
• Due Process and En Banc Decision Making, 48 Ariz.L. Rev. 325 (2005), in Christopher J. Frankenfield, The Relationship between ERISA, State and Local Health Care Experimentation, and the Passage of National Health Care Reform, 13 J. Health Care L. & Pol’y 423 (2010);
• An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Rolf Michaels, After the Revolution—Decline and Return of U.S. Conflict of Laws, 11 Y.B. of Private Int’l L. 11 (2009);
• Federal and State Judicial Selection in an Interest Group Perspective, 74 Mo. L. Rev. 531 (2009) (with Rafael Gely), in Neal Devins, How State Supreme Courts Take Consequences into Account: Toward a State-centered Understanding of State Constitutionalism, 62 Stan. L. Rev. 1629 (2010);
• Federalism, Liberty and State Constitutional Law, 23 Ohio N.U. L. Rev. 1457 (1997) (with James L. Walker), in Robert F. Williams, The Law of American State Constitutions (Oxford University Press 2009);
• Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Mich. L. Rev. 1463 (2003), in P. Edward French, Eleventh Amendment Immunity in Contemporary Practice: Revisiting the Legal Liability of Local Government in the United States, 37 Pol. & Pol’y 1215 (2009);
• Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in Peter Hay et al., Conflict of Laws (West 5th ed. 2010);
• The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Robert F. Williams, The Law of American State Constitutions (Oxford University Press 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 Daniel M. Katz & Derek K. Stafford, Hustle and Flow: A Social Network Analysis of the American Federal Judiciary, 71 Ohio St. L.J. 457 (2010); in Casey R. Fronk, The Cost of Judicial Citation: An Empirical Investigation of Citation Practices in the Federal Appellate Courts, 2010 Ill. J. L. Tech. & Pol’y 51; in Massimo Franceschet, Ten Good Reasons to Use the Eigenfactor™ Metrics, 46 Information Proc. & Mgt. 555 (2010); and in Susan Navarro Smelcer, Supreme Court Justices: Demographic Characteristics, Professional Experience, and Legal Education, 1789-2010 (Congressional Research Service 2010);
• Judicial Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U.L. Rev. 1331 (2005), in Daniel M. Katz & Derek K. Stafford, Hustle and Flow: A Social Network Analysis of the American Federal Judiciary, 71 Ohio St. L.J. 457 (2010);
• The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998), in Elizabeth R. Sheyn, a Foothold for Real Democracy in Eastern Europe: How Instituting Jury Trials in Ukraine Can Bring about Meaningful Governmental and Juridical Reforms and Can Help Spread These Reforms Across Eastern Europe, 43 Vand. J. Transnat'l L. 649 (2010);
• Respecting State Courts: The Inevitability of Judicial Federalism, (Greenwood 1999) (with James L. Walker), in Eric A. Lindberg, Multijurisdictionality and Federalism: Assessing San Reno Hotel’s Effect on Regulatory Takings, 57 UCLA L. Rev. 1819 (2010);
• Shoring up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 B.U. L. Rev. 85 (1988) (with Richard B. Saphire), in Paul Diller, Habeas and (Non-)Delegation, 77 U. Chi. L. Rev. 585 (2010);
• State Court Regulation of Offers of Judgment and Its Lessons For Federal Practice, 13 Ohio St. J. Disp. Res. 51 (1997) (with Bryan Pacheco), in Steven C. Bennett, Are E-Discovery Costs Recoverable?, 20 Alb. L.J. Sci. & Tech. 537 (2010);
• Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Robert F. Williams, The Law of American State Constitutions (Oxford University Press 2009); and in Amanda Frost & Stefanie A. Lindquist, Countering the Majoritarian Difficulty, 96 Va. L. Rev. 719 (2010);
• Supreme Court Monitoring of the United States Courts of Appeals En Banc 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Sara C. Benesh & Wendy L. Martinek, Context and Compliance: A Comparison of State Supreme Courts and the Circuits, 93 Marq. L. Rev. 795 (2009); and
• The Three-Judge District Court in Voting Rights Litigation, 30 U. Mich. J. of L. Reform 79 (1996), in Travis Crum, The Voting Rights Act's Secret Weapon: Pocket Trigger Litigation and Dynamic Preclearance, 119 Yale L.J. 1992 (2010).
Professor of Law
Two of Adam’s articles were cited:
• A Constitution for Judicial Lawmaking, 65 U. Pitt. L. Rev. 545 (2004), in Liza Vertinsky, Comparing Alternative Institutional Paths to Patent Reform, 61 Ala. L. Rev. 501 (2010); and
• What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?), 84 Notre Dame L. Rev. 245 (2008), in Thomas O. Main, The Procedural Foundation of Substantive Law, 87 Wash. U. L. Rev. 801 (2010).
The College thanks Adam for his many years of excellent teaching and service, and wishes him the best of luck at Seton Hall Law, where he has just joined the faculty as Professor of Law and Michael J. Zimmer Fellow.
Visiting Professor of Law
The College of Law welcomes Margaret Tarkington, who joins us for the 2010-11 academic year as a Visiting Associate Professor of Law from the J. Reuben Clark Law School at Brigham Young University, teaching in the areas of civil procedure, torts, constitutional law, and ethics.
Margaret published A Free Speech Right to Impugn Judicial Integrity in Court Proceedings, 51 B.C. L. Rev 363 (2010).
Margaret’s article, The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation, 97 Geo. L.J. 1567 (2009), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional: Law and Substance and Procedure (4th ed. 2010).
Margaret completed a draft of A First Amendment Theory for Protecting Attorney Speech. She presented an early draft of the paper at the University of London's Institute of Advanced Legal Studies conference, Regulating and Deregulating Attorneys in the 21st Century, in London on June 3.
Margaret was invited to present a paper at the AALS Section on Litigation Program, Current Issues in Judicial Disqualification, at the AALS Annual Meeting in San Francisco on Jan. 6, 2011.
On June 30, Margaret received the "Restore Integrity Award" for her recent articles regarding freedom of attorney speech to criticize and challenge judicial behavior from POPULAR (Power Over Poverty Under Laws of America Restored), a good government group promoting access to justice.
Margaret served as the Editor for the Spring Edition of the AALS Professional Responsibility Section Newsletter.
On July 31, 2010, Margaret submitted her article, Government Speech and the Publicly Employed Attorney, ___ BYU L. Rev. ___ (forthcoming 2011), for publication with other papers presented at a March 2010 symposium, The Emerging Complexities of Government Speech, at the J. Reuben Clark Law School at Brigham Young University.
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe delivered his paper, ABA Standards on Student Learning Outcomes, to the SEALS Conference on Aug. 3, 2010 in Palm Beach.
Joe submitted his completed manuscript for his forthcoming book, Ending Dirty Energy Policy: Prelude to Climate Change, to Cambridge University Press.
Several of Joe’s publications were cited:
• Electricity Restructuring: A Case Study in Government Regulation, 33 Tulsa L.J. 827 (1998), in Ashley C. Brown & Jim Rossi, Siting Transmission Lines in a Changed Milieu: Evolving Notions of the “Public Interest” in Balancing State and Regional Considerations, 81 U. Colo. L. Rev. 705 (2010);
• Energy Law and Policy for the 21st Century (Rocky Mountain Mineral Law Institute 2000) (with Hicky, Kelly, Mansfield, and Zillman), in Brendan S. Maher, The Civil Judicial Subsidy, 85 Ind. L.J. 1527 (2010);
• Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Elias L. Quinn & Adam L. Reed, Envisioning the Smart Grid: Network Architecture, Information Control, and the Public Policy Balancing Act, 81 U. Colo. L. Rev. 833 (2010); and in Kelly Crandall, Trust and the Green Consumer: the Fight for Accountability in Renewable Energy Credits, 81 U. Colo. L. Rev. 893 (2010);
• ‘Steel in the Ground’: Greening the Grid with the iUtility, 39 Envtl. L. 931 (2009), in Michael S. Dorsi, Piedmont Environmental Council v. Ferc, 34 Harv. Envtl. L. Rev. 593 (2010); and
• Uncloaking Law School Hiring: A Recruit's Guide to the AALS Faculty Recruitment Conference, 38 J. Legal Educ. 345 (1988) (with Don Zillman, Marina Angel, Jan Laitos, & George Pring), in Porcher Taylor, Maximizing the Recruitment of Scholarship-hungry Law Faculty: A Modest Change to the Far Form, 85 Ind. L.J. Supplement 15 (2010);
Professor of Law
Two of Verna’s publications were cited:
• The First (Black) Lady, 86 Denv. U. L. Rev. 833 (2009), in Ann C. McGinley, Ricci v. Destefano: A Masculinities Theory Analysis, 33 Harv. J. L. & Gender 581 (2010); and in Angela Onwuachi-Willig & Osamudia James, The Declining Significance of Presidential Races?, 72 Law & Contemp. Probs. 89 (2010); and
• Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wis. L. Rev. 15 , in David S. Cohen, Keeping Men “Men” and Women Down: Sex Segregation, Anti-essentialism, and Masculinity, 33 Harv. J. L. & Gender 509 (2010); in Juliet A. Williams, Learning Differences: Sex-role Stereotyping in Single-sex Public Education, 33 Harv. J. L. & Gender 555 (2010); and in Kim Shayo Buchanan, Sexuality & Gender Law: Assessing the Field, Envisioning the Future, 57 UCLA L. Rev. 1149 (2010).
Verna was featured in Singleton's Mission: Justice for All, Cincinnati Enquirer, July 5, 2010.
In July, Verna, along with Professor Emily Houh, met with a delegation of business women from Kyrgyzstan to discuss issues relating to women in the legal and business professions. The delegation visited the College as part of their participation in the Open World Program of the Greater Cincinnati World Affairs Council.
In August, Verna spoke at the 2010 Midwest Regional Bankruptcy Seminar on the topic of “The First (Black) Lady.”