Joseph P. Tomain

Contact Information

Education

  • BA, University of Notre Dame
  • JD, The George Washington University

Links

Areas of Interest

  • Contracts
  • Energy Law and Regulation
  • Law and Literature
  • Regulatory Policy

Joseph P. Tomain
Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law


Dean Emeritus Tomain received his undergraduate degree from the University of Notre Dame and his law degree from The George Washington University. He practiced general litigation in New Jersey before beginning his teaching career at Drake University School of Law. He joined the UC Law faculty in 1987 and served as visiting professor at The University of Texas Law School.  He  served as dean of the University of Cincinnati College of Law for 15 years. He has also held positions as: Visiting Environmental Scholar,  Lewis & Clark Law School; Distinguished Visiting Energy Professor, Vermont Law School; Visiting Scholar in the Program of Liberal Studies, University of Notre Dame; Visiting Fellow, Harris Manchester College, Oxford University; and Fulbright Senior Specialist in law in Cambodia.

Dean Tomain serves on a number of civic organizations. He is Chair of the Board of the KnowledgeWorks Education Foundation. He is the founder and principal of the Justice Institute for the Legal Profession; Board Member of the Greater Cincinnati Foundation and the Mercantile Library, and is actively involved with the ABA Section on Legal Education and Admissions to the Bar.  Dean Tomain is also a member of the American Law Institute and a Fellow of the American Bar Foundation.

He has written extensively in the energy law field and his publications include: Regulatory Law and Policy; Energy Law and Policy for the 21st Century; and, Nuclear Power Transformation among others. He recently published Creon’s Ghost: Law, Justice and the Humanities with Oxford University Press and his latest book, Ending Dirty Energy Policy: Prelude to Climate Change is forthcoming from Cambridge University Press.

Publications

Presentations

  • Law, Language, Energy and the Environment, Second Annual Energy Summer Conference, Vermont Law School (July 20, 2007)
  • Environmental Stewardship: An Exploratory Program for Religious Leaders, Foundation for Research on Economics and the Environment, Bozeman, Montana (June 24-27, 2007)
  • Imagining a Public Interest Energy Law Firm, Plenary Session, 13th Annual University of Florida Public Interest Environmental Conference (March 2, 2007)
  • Two Thumbs on the Scale, High Temps, High Tech Solutions to the Energy and Environmental Equation, Vermont Law School (October 13, 2006)
  • Katrina' Energy Agenda: One Year Later, Katrina Consequences: What Has the Government Learned? Loyola University New Orleans College of Law (August 25, 2006)
  • Lawyers, Judges, Law and the Humanities, Harris Manchester Law Society, Oxford University (March 8, 2006)
  • Eminent Domain in Kelo and Norwood, The Use of Eminent Domain for Economic Redevelopment: A Necessary Tool for Cities—Or an Unconstitutional Trampling of Property Rights? University of Dayton School of Law (September 26, 2005)
  • Nuclear Futures, Symposium Environmental Regulation, Energy, and Market Entry, Duke Environmental Law and Policy Forum (November 19, 2004)
  • Humanities, Ethics, and the Legal Profession: Teaching Ethics to the Public, Private and Professional Sectors, Key Centre for Ethics, Law, Justice & Governance, Griffith University, Nathan, Queensland, Australia (April 7-8, 2001)
  • A Code of One's Own, Notre Dame Legal Education Symposium (March 23, 2001)
  • Ethics and Professionalism in a Changing Legal Profession, Dinsmore & Shohl Continuing Legal Education Program (December 11, 1997)
  • Six Ineluctable Takings Rules, National Business Institute Seminar on Real EstateLitigation in Ohio (July 9, 1997)
  • The Revolution in the Regulation of Energy, Ninth Institute for Natural Law Resources Teachers, Park City, Utah (May 16-18, 1997)
  • Law Schools in Transition?, Judicial Conference of the Sixth Circuit, Asheville, North Carolina (June 28-July 1, 1995)
  • The Brave New World of Energy Law:Domestic Electricity Regulation, Eighth Institute for Natural Resources Law Teachers, Reno, Nevada (June 2-4, 1995)
  • Recent Developments in Contract Law Teaching in the United States, Soochow University, Republic of China (July 13-15, 1992)
  • Distributional Consequences of Environmental Regulation, ABA Standing Committee on Environmental Law, Williamsburg, Virginia (May 15, 1992)
  • The Politics of Evaluation, Annual Meeting of The Law and Society Association, Berkeley, California (May 31, 1990)
  • Electricity and the Environment, Annual Northeast International Committee on Energy Conference, Halifax, Nova Scotia (April 24-26, 1990)
  • A Legal Perspective on The Nuclear Option: The American Experience, Institute on National Resource Law, Ottawa, Canada (May 10-12, 1989)
  • Land Use Mediation for Planners, Annual Meeting, American Planners Association, Denver, Colorado (1989)

Courses

  • Contracts
  • Government Regulation
  • Introduction to Law
  • Law, Literature & Philosophy
  • Research Seminar: Energy Policy

Awards

  • Distinguished Visiting Energy Professor, Vermont Law School (July, 2007)
  • Visiting Scholar, University of Notre Dame (Spring 2007)
  • Visiting Fellow, Harris Manchester College Oxford University (Spring 2006)
  • BLAC-CBA Round Table Forward Together Award in Education (2004)
  • Fullbright Senior Specialist in Law (Cambodia) (Summer 2002)
  • 1989 Goldman Prize for Excellence in Teaching
  • NEH Summer Fellow in History (Stanford University 1987)

November 2011

Joe delivered a paper, “Smart Grid Innovation: Policy, Politics and Law,” at the Fourth Annual Conference, Competition and Regulation in Network Industries, November 25, 2011, in the Residence Palace, Brussels, Belgium.

Joe published, Op-Ed., Four Reasons Bipartisan Accountability Act Will Fail, Cincinnati Enquirer, November 1, 2011.

Joe’s book, Energy Law in a Nutshell (West Group, 2d ed., 2011) (with Richard Cudahy), was very positively reviewed in Jonathan P. Trotta, Book Review, 32 Energy L. J. 631 (2011). 

Joe’s article,The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), was cited in Jeffrey Manns, Building Better Bailouts: The Case for a Long-Term Investment Approach, 63 Fla. L. Rev. 1349 (2011).

 

Summer 2011

Joe has been elected a Life Member of The American Law Institute.

Joe’s book, Ending Dirty Energy Policy: Prelude to Climate Change (Cambridge University Press 2011), and his article, "Our Generation's Sputnik Moment": Regulating Energy Innovation, 31 Utah Envtl. L. Rev. 389 (2011), are now in print.

In June, Joe presented a book project, “Achieving Democracy: The Future of Government and Markets,” as part of the College’s Summer 2011 Faculty Workshop series. Joe and co-author Sid Shapiro have received several offers to publish their completed manuscript, and will soon choose a publisher.

The second edition of Energy Law (with Judge Richard D. Cudahy) was published at the end of August as part of West’s Nutshell series.

Joe’s article, The Politics of Clean Energy: Moving Beyond the Beltway, has been accepted for publication and is forthcoming in 3 San Diego J. Climate Change and Energy Law ___ (2011).

Several of Joe’s publications were cited:

Analyzing Government Regulation, 49 Admin. L. Rev. 377 (1997) (with Sidney A. Shapiro), in Michael C. Pollack, Chevron's Regrets: The Persistent Vitality Of The Nondelegation Doctrine, 86 N.Y.U. L. Rev. 316 (2011);

  • The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), in Justin Gundlach, What's The Cost Of A New Nuclear Power Plant? The Answer's Gonna Cost You: A Risk-Based Approach To Estimating The Cost Of New Nuclear Plants, 18 N.Y.U. Envtl. L.J. 600 (2011);

May 2011

Joe’s article, Analyzing Government Regulation, 49 Admin. L. Rev. 377 (1997) (with Sidney A. Shapiro), was cited in Michael C. Pollack, Note, Chevron's Regrets: The Persistent Vitality of the Nondelegation Doctrine, 86 N.Y.U.L. Rev. 316 (2011).

April 2011

Joe attended the Climate and Energy Law Symposium, Evaluating Energy Innovation, at the University of San Diego.

Joe’s book, Creon’s Ghost: Law, Justice, and the Humanities (Oxford University Press, 2009), was reviewed in Keith Werhan, Book Review, 45 Law & Soc'y Rev. 222 (2011).

Two of Joe’s articles were cited:

  • ·  Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2011 Supp.); and
  • ·  The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), in Ryan David Dreveskracht, Native Nation Economic Development Via The Implementation Of Solar Projects: How To Make It Work, 68 Wash. & Lee L. Rev. 27 (2011).

March 2011

Joe recently published For a Cold Winter’s Night: Reading the Great Books, CBA Report 14 (Dec. 2010) and Op. Ed., Let Government Govern, Cincinnati Enquirer, Feb. 25, 2011.

Joe’s article “Our Nation’s Sputnik Moment:” Regulating Energy Innovation, was accepted for publication in the Journal of Land, Natural Resources, and  the Environment.

Joe attended Venture Regulation, The Future of Energy Law Conference at The S.J. Quinney College of Law at the University of Utah.

Joe was elected to the Graduate Fellows of the University of Cincinnati, and to the Board of Trustees of the Ohio Justice & Policy Center.

 

February 2011

Joe’s article, Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, 59Drake L. Rev. 97 (2010), is now in print.

Joe’s book, Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in Robert L. Glicksman,Climate Change Adaptation: A Collective Action Perspective On Federalism Considerations,40 Envtl. L. 1159 (2010).

 

January 2011

Joe’s article, ‘Steel in the Ground’: Greening the Grid with the iUtility, 39 Envtl. L. 931 (2009), was cited in Lawrence Fogel, Serving A "Public Function": Why Regional Cap-And-Trade Programs Should Survive A Dormant Commerce Clause Challenge, 2010 Wis. L. Rev. 1313.

November 2010

Two of Joe’s articles were cited:

  • Analyzing Government Regulation, 49 Admin. L. Rev. 377 (1997) (with Sidney A. Shapiro), in Daniel E. Ho & Kevin M. Quinn, How Not To Lie With Judicial Votes: Misconceptions, Measurement, And Models, 98 Cal. L. Rev. 813 (2010); and
  • Contract Compensation in Nonmarket Transactions, 46 U. Pitt. L. Rev. 867 (1985), in Steven W. Feldman, Betrayal And Exploitation In Contract Law: A Comment On Breach Is For Suckers, 63 Vand. L. Rev. En Banc 171 (2010).

October 2010

Joe was a contributor to Alyson Flournoy, et al., Regulatory Blowout: How Regulatory Failures made the BP disaster Possible, and How the System Can  Be Fixed to Avoid a Recurrence (Center for Progressive Reform, White Paper #1007, 2010). 

Joe served as a Discussion Leader for What is Justice?, a Great Books discussion series at the Mercantile Library in downtown Cincinnati.

Joe served as Peer Reviewer for Michael Gerrard (ed.), The Law of Clean Energy (ABA Publications, 2010).

Joe’s article, Contract Compensation in Nonmarket Transactions, 46 U. Pitt. L. Rev. 867 (1985), was cited in Patricia Sanchez Abril, Private Ordering: A Contractual Approach to Online Interpersonal Privacy, 45 Wake Forest L. Rev. 689 (2010).

September 2010

Joe’s book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Brian H. Potts, The Dirty Climate Debate, 120 Yale L.J. Pocket Part 1 (2010).

On September 23, Joe gave the Harold C. Schott Award Lecture, “Creon’s Ghost: Three Faces of Justice.”  The College-wide lecture was based on his recently released book Creon’s Ghost: Law, Justice, and the Humanities (Oxford University Press 2009), for which Joe received the 2009 Harold C. Schott Scholarship Award honoring outstanding research and scholarly achievement by a member of the faculty at the College of Law.

Summer 2010

Joe served as Reporter for the ABA Standards Review Committee and as Chair of the Board of Trustees of the KnowledgeWorks Foundation 

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).

June 2010

Dean Tomain served as ABA Site Inspector for Western State University School of Law. Several of Joe’s publications were cited:

May 2010

Joe’s article, Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), was cited in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2010 Supp.).

April 2010

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).

March 2010

Joe’s chapter, Whither Natural Monopoly: The Case of Electricity, in The End of a Natural Monopoly: Deregulation and Competition in the Electric Power Industry, (Peter Z. Grossman & Daniel H. Coles, eds.) (2003), was cited in Rachel Warnick Petty, A Light in the Darkness: the Case for Judicial Antitrust Enforcement in the Electric Wholesale Industry, 5 Tex. J. Oil Gas & Energy L. 55 (2009-2010).

He has published:

He has also presented:

  •   Venture Regulation at Energizing the Future Conference, Wake Forest University, February 11, 2010.
  •   Ending Dirty Energy Policy at Graduate Student Seminar, Lewis & Clark Law School, March 3, 2010.
  •   Creon’s Ghost: Law, Justice and the Humanities at Faculty Colloquium, Lewis & Clark Law School, March 30, 2010.
  •   Venture Regulation at University of Toledo Law Review Symposium, March 26, 2010.

February 2010

Dean Toamin presented Venture Regulation at "Energizing the Future" at Wake Forest University. He published "Steel in the Ground": Greening the Grid with the iUtility, 39 Environment Law 4 (2009).

January 2010

Dean Tomain has been appointed Distinguish Visiting Environmental Scholar this spring at the Lewis & Clark Law School.  He served as Reporter for the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar.

Joe discussed and signed his book, Creon’s Ghost: Law, Justice, and the Humanities (Oxford University Press, 2009), at Joseph-Beth Booksellers on Dec. 9, 2009. His article, The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), was cited in Julia Gorodetsky, Analogy by Necessity: The Filed Rate Doctrine and Judicial Review of Agency Inaction, 23 Tul. Envtl. L.J. 1 (2009).

December 2009

Dean Tomain Chaired the ABA Section on Legal Education and Admissions to the Bar  Site Visit for Elon School of Law.

He also Chaired the Board meeting of the KnowledgeWorks Foundation and attended Board meetings of the Mercantile Library and the Greater Cincinnati Foundation.

Dean Tomain delivered a paper, The Cardinal and the Casino, at the Literary Club of Cincinnati.  The paper discusses the role of the Villa Borghese in developing the world’s most important Baroque art collection.  In particular, the paper paid particular attention to the work of Gian Lorenzo Bernini and Caravaggio and how both artists extended the art of the Renaissance.

Dean Tomain presented a talk on his book, Creon’s Ghost, to the annual meeting of the Cincinnati Regional Mensa society and discussed the book as part of a Cincinnati authors program at Joseph-Beth Bookstore.

Dean Tomain’s work on energy policy has been cited in Richard G. Hildreth, David R. Hodes, Nicholas A. Robinson & James Gustave Speth, Climate Change Law: Mitigation and Adaptation (2009).  His  work on energy policy has also been extensively excerpted in   Chris Wold, David Hunter & Melissa Powers, climate Change and the Law (2009).

Joe’s article, False Claims Act Litigation: Whistleblower Qui Tam Suits against Contractors Who Cheat the Government, 47 Admin. L. Rev. 299 (1995), was cited in Cell Therapeutics Inc. v. Lash Group Inc., No. 08-35619, 2009 U.S. App. LEXIS 25297, (9th Cir. Nov. 18, 2009).

November 2009

Joe’s article, The Dominant Model of United States Energy Policy, 61 U. Colo. L. Rev. 355 (1990), was cited in Lincoln Davies, Energy Policy Today and Tomorrow - Toward Sustainability? 29 J. Land Resources & Envtl. L. 71 (2009). His book, Regulatory Law and Policy: Cases and Materials (LexisNexis, 3d ed. 2003) (with Sidney Shapiro), was cited in Sidney Shapiro, Ruth Ruttenberg, & Paul Leigh, The Social Costs of Dangerous Products: An Empirical Investigation, 18 Cornell J. L. & Pub. Pol'y 775 (2009).

October 2009

Joe received the 2009 Harold C. Schott Scholarship Award, which recognizes outstanding research and scholarly achievement by a member of the UC Law faculty. His book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Trevor D. Stiles, Renewable Resources and the Dormant Commerce Clause, 4 Envt'l & Energy L. & Pol'y J. 33 (2009).

He has recently published:

  • An Introduction to the University of Cincinnati law Review Law and Literature Symposium entitled Narrating Justice, 77 University of Cincinnati Law Review 783 (2009)
  • A book chapter entitled Dirty Energy Policy, in Climate Change and the Neoliberal Model (David Driesen, ed.) (MIT University Press 2009);
  • A book chapter entitled The iUtility, in The New Environmentalism (Alyson Flournoy, ed.) (Cambridge University Press 2009);
  • A book chapter entitled Rethinking Energy Law and Policy in Climate Change Reader (William Rogers, ed.) (Carolina Academic Press 2009).

Two of Joe’s publications were cited:

  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Fred Bosselman, Swamp Swaps: The “Second Nature” of Wetlands, 39 Envtl. L. 577 (2009).
  • Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2009 Supp.).

In addition, Dean Tomain participated in the Greening the Grid Conference at Lewis & Clark School of law and has  submitted a law review article to be published in the Lewis & Clark Law Review entitled Steel in the Ground: Building the iUtility.

During the summer, Dean Tomain Served as an ABA Site Inspector for the summer program hosted by the University of San Diego in Florence, Italy.  Dean Tomain, as part of the Justice Institute for the Legal Profession, also taught a great books seminar for the alumni and friends of the Widener School of Law entitled Law, Culture, & Society.

Dean Tomain also served as Reporter for the ABA Section on Legal Education and Admissions to the Bar Standards Review Committee as well as chairing the annual and regular meeting of the KnowledgeWorks Foundation.

Summer 2009

Joe received the 2009 Harold C. Schott Scholarship Award, which recognizes outstanding research and scholarly achievement by a member of the UC Law faculty. His book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Trevor D. Stiles, Renewable Resources and the Dormant Commerce Clause, 4 Envt'l & Energy L. & Pol'y J. 33 (2009).

May 2009

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).

April 2009

Joe’s article, Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), was cited in Roberta F. Mann & Mona L. Hymel, Moonshine to Motorfuel: Tax Incentives for Fuel Ethanol, 19 Duke Envtl. L. & Pol'y F. 43 (2008).

Dean Tomain submitted his article Narrating Justice to the University of Cincinnati Law Review.

Additionally, Dean Tomain attended the American Law Institute Member Consultative Group meeting on Non-Profit Organizations as well as the Weathering the Storm meeting as the Board member of the Greater Cincinnati Foundation.

Dean Tomain served as commentator to Professor Jonathan Adler at the Federalist Society meeting and served as Reporter to the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar.

March 2009

Dean Tomain

  • 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)

February 2009

Dean Tomain's book Creon's Ghost: Law, Justice and the Humanities has been published by Oxford University Press. Dean Tomain attended the Scholars’ Meeting of the Center for Progressive Reform.

Dean Tomain was appointed the Reporter for the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar. The Standards Review Committee is charged with the responsibility of reviewing of reviewing all of the standards and procedures for law school accreditation.  The project is expected to last 2-3 years and will culminate in public hearings and a vote by ABA House of Delegates.

Energy Law, co-authored with Judge Richard Cudahy of the U.S. Court of Appeals for the Seventh Circuit, has been translated into Chinese and has been published in Beijing.

Dean Tomain chaired the Programs and Grants Committee of the Ohio State Bar Foundation.

He also served as Chair of the ABA Site Inspection Visit for Elon University School of Law. Dean Tomain has signed a contract with Cambridge University Press to publish his next book Dirty Energy Policy: Prelude to Climate Change.

January 2009

Joe presented Law and the Humanities: The Conflict Between Man’s Law and Higher Law at The Lawyers' Club of Cincinnati Holiday CLE Party at the Phoenix.

November 2008

Several of Joe's publications were cited:

  • Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), and Nuclear Power Transformation (Ind. U. Press 1987), cited in Samuel B. Hardy, Federal Subsidy of Adjudicative Right Determination: The New Cost Shifting of Nuclear Power Litigation, 59 Ala. L. Rev. 1705 (2008).
  • Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A Shapiro), in Robert L. Glicksman & Richard E. Levy, Ordering State-federal Relations through Federal Preemption Doctrine: A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change, 102 Nw. U.L. Rev. 579 (2008).

Summer 2008

Joe published Building the iUtility, 146 Pub. Util. Fort. 28 (Aug. 2008). He had three book chapters accepted for publication:

  • Dirty Energy Policy, in Climate Change and the Neoliberal Model (David Dreisen ed.) (forthcoming, MIT University Press).
  • The iUtility, in The New Environmentalism (Alyson Flournoy ed.) (forthcoming, Cambridge University Press).
  • Rethinking Energy Law and Policy, in Climate Change Reader (William Rogers ed.) (forthcoming, Carolina Academic Press).

Joe's book, Creon's Ghost: The Conflict between Man's Law and the Higher Law, will be published by Oxford University Press in 2009. He was a panelist on New Insights Into and Scholarship About the Goals and Responsibilities of Legal Education at the Annual Conference of the Southeastern Association of Law Schools.

Joe served as Chair of the ABA Site Visit Summer Abroad Program for Florida Coastal Law School in Clermon-Ferrand, France. He taught Law, Justice and Culture I and II at the Villa Buonriposo in Tuscany, Italy.

Joe's article, Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A Shapiro), and his book, Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), were cited in Robert L. Glicksman, A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change, 102 Nw. U. L. Rev. 579 (2008).

June 2008

Two of Joe's publications were cited:

  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Richard D. Cudahy, Asian Amperes: Chinese Electric Power, 29 Energy L.J. 33 (2008).
  • Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in David B. Spence, Can Law Manage Competitive Energy Markets?, 93 Cornell L. Rev. 765 (2008).

April 2008

Several of Joe's articles were cited:

  • Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, and Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2008 Supp.).
  • .
  • Regulatory Law and Policy (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in Robert Glicksman, Nothing Is Real: Protecting the Regulatory Void through Federal Preemption by Inaction, 26 Va. Envtl. L.J. 5 (2008).
  • Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), in Christopher D. Stone, Is Environmentalism Dead? 38 Envtl. L. 19 (2008).
  • To a Point, 52 Loyola L. Rev. 1201 (2007), in Ruth Gordon, Climate Change and the Poorest Nations: Further Reflections on Global Inequality, 78 U. Colo. L. Rev. 1559 (2007).

March 2008

Joe organized and convened the Law & Literature Symposium: Law, Narration, and the Poetry of Lawrence Joseph. He presented Perplexity: Narrative and Narration at the sympsoium. The papers will be published in a forthcoming issue of the University of Cincinnati Law Review.

Joe submitted a chapter, Dirty Energy Policy, for the forthcoming book Climate Change and the Neoliberal Model (MIT Press). He posted Smart Energy Path: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006) on SSRN.

Joe participated in the following events at Dennison University:

Joe was a facilitator at the Advanced Justice Institute Seminar on Law & Literature in Granville, OH. His portrait was completed and placed on permanent display next to the portraits of the College's other distinguished past deans.

February 2008

Two of Joe's books were cited:

  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Daniel Pollak, S.D. Warren and the Erosion of Federal Preeminence in Hydropower Regulation, 34 Ecology L.Q. 763 (2007).
  • Regulatory Law and Policy (LexisNexis, 3d ed. 2003) (with Sidney A. Shapiro), in Sidney A. Shapiro, OMB and the Politicization of Risk Assessment, 37 Envtl. L. 1083 (2007).

December 2007

Two of Joe's publications were cited:

  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Michael H. Dworkin & Rachel Aslin Goldwasser, Ensuring Consideration of the Public Interest in the Governance and Accountability of Regional Transmission Organizations, 28 Energy L. J. 543 (2007).
  • Nuclear Transition: From Three Mile Island to Chernobyl, 28 Wm. & Mary L. Rev. 363 (1987) (with Constance Dowd Burton); and The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), in Richard R. Bradley, One Step in the Right Direction: An Analysis of FERC's Reporting Requirement for Status Changes for Public Utilities with Market-based Rate Authority,1 Envt'l & Energy L. & Pol'y J. 373 (2007).

November 2007

Joe's article, To a Point, 52 Loy. L. Rev. 1201 (2007), was featured on Larry Solum's Legal Theory Blog.

Joe participated in the Alumni Teach-In Day, as Jill O'Shea (Class of 1986), Duke Energy (Cincinnati, OH), taught his Contracts Class, and Brie Rogers (Class of 2002), Taft, Stettinius & Hollister (Cincinnati, OH), taught his Law, Literature, and Philosophy Class.

October 2007

Joe was appointed to the:

  • Screening Committee for the Annual m Meeting of the Ohio Sate Bar Association.
  • Community Investment Committee of the Greater Cincinnati Foundation.
  • Human Services Committee (Chair) of the Greater Cincinnati Foundation.

Joe served as a peer reviewer for Yale University Press. His article on Judicial Compensation will appear in next month's issue of the Cincinnati Bar magazine.

Joe served as Board Chair of the:

  • Program and Grants Committee of the Ohio State Bar Foundation.
  • KnowledgeWorks Foundation.

Joe's article, Institutionalized Conflict between Law and Policy, 22 Hous. L.Rev. 661 (1985), was cited in Charles H. Koch, Jr., Administrative Law and Practice (Thomson-West, 2007 Supp.).

Summer 2007

Joe was a Visiting Scholar at the University of Notre Dame and a Distinguished Visiting Energy Professor at Vermont Law School. He delivered the keynote address on Law, Language, Energy and the Environment at the Second Annual Energy Summer Conference at Vermont Law School.

Joe published:

  • The third edition of Energy Law in a Nutshell (with Judge Richard Cudahy of the U. S. Court of Appeals for the Seventh Circuit). The book is currently being translated into Chinese.
  • To A Point, 52 Loy. L. Rev.1201 (2007).

Joe submitted a book chapter, Dirty Energy, to be included in a book on climate change to be published by MIT Press.

Joe participated in the following conferences:

  • Presenter, Environmental Stewardship: An Exploratory Program for Religious Leaders, Foundation for Research on Economics and the Environment, Bozeman, Montana.
  • Facilitator, Law, Justice and Culture and Inns of Court seminars convened by the Justice Institute for the Legal Profession in Tuscany, Italy.

Joe served as a Site Inspector for the ABA Section on Legal Education and Admissions to the Bar for the Vanderbilt Law School summer Program in Venice, Italy.

Two of Joe's articles were cited:

  • Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), in Matthew D. Zinn, Adapting to Climate Change: Environmental Law in a Warmer World, 34 Ecology L.Q. 61 (2007).
  • Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A. Shapiro), in Joshua P. Fershee, Misguided Energy: Why Recent Legislative, Regulatory, and Market Initiatives Are Insufficient to Improve the U.S. Energy Infrastructure, 44 Harv. J. Legis. 327 (2007).

May 2007

Joe's book, Energy Law in a Nutshell (Thomson-West, 2004) (with Richard Cudahy), and his article, Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), were cited in Fred Bosselman, The Ecological Advantages of Nuclear Power, 15 N.Y.U. Envtl. L.J. 1 (2007).

April 2007

Joe's book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Brian H. Potts, Trading Grandfathered Air � A New, Simpler Approach, 31 Harv. Envtl. L. Rev. 115 (2007).

Joe's election to the Great American Board of Directors was recognized in several local newspapers:

February 2007

Joe attended the AALS Annual Meeting in Washington, D.C.

January 2007

Joe published Smart Energy Path: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006). His article, Katrina's Energy Agenda, 20 Nat. Resources & Env't 43 (2006), and book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), were cited in Scott A. Zimmermann, Feds and Fossils: Meaningful State Participation in the Development of Liquefied Natural Gas, 33 Ecology L.Q. 789 (2006).

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