Law School

Professor of Clinical Law, Center for Practice in Negotiation and Problem Solving

Marjorie presented a session on mediation practices entitled Breaking the Rules: The Truth About Consequences at the ABA Section on Dispute Resolution’s Tenth Annual Spring Conference in Seattle (with Dwight Golann). Her articles, Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer); Do's and Don'ts for Mediation Practice, Disp. Resol. Mag. (Winter 2005); and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), were cited in Donald R. Philbin, Jr., The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation, 13 Harv. Negot. L. Rev. 249 (2008).

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Profile of Professor Aaron
Center for Practice in Negotiation & ProblemSolving

Assistant Professor of Law

Tim’s article, Fair Circumvention, was accepted for publication in the Brooklyn Law Review. He spoke on Professionalism and Intellectual Property, a panel discussion presented by the Cincinnati Intellectual Property Law Association.

Tim was quoted in Oregon Claims State Law Copyrighted, Washington Times, Apr. 19, 2008. The article was prompted by a legal dispute highlighted on his blog: Can States Copyright Their Statutes?

Tim's article, Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), was cited in Rob Frieden, Internet Packet Sniffing and its Impact on the Network Neutrality Debate and the Balance of Power Between Intellectual Property Creators and Consumers, 18 Fordham Intell. Prop. Media & Ent. L.J. 633 (2008).

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Profile of Professor Armstrong

Assistant Professor Law

Lynn’s paper, The Uptick Rule of Short Sale Regulation - Can it Alleviate Downward Price Pressure from Negative Earnings Shocks?, was repeatedly cited by the SEC in its decision to abandon the rule.

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Profile of Professor Bai

Professor of Clinical Law

Marianna presented 2006-07 Ohio Supreme Court Case Law Update to retired judges in Columbus as part of the Ohio Continuing Judicial Education Program.

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Profile of Professor Bettman

Dean and Nippert Professor of Law

Lou spoke at the UC Law Alumni Association Spring Alumni Luncheon and at the College’s Admissions Open House. He hosted College’s Senior Banquet.

Lou hosted dinners and receptions for Martha Nussbaum (Marx Lecturer), Hon. Shirley S. Abrahamson (Judge-in-Residence), John C. Coffee (Chesley Distinguished Visiting Professor), and the judges here for Rendigs Products Liability Moot Court Competiton.

Several of Lou’s articles were cited:

• Grand Centrism and the Centrist Judicial Personam, 83 N.C. L. Rev. 1353 (2005), in Jordan Wilder Connors, Treating Like Subdecisions Alike: The Scope of Stare Decisis as Applied to Judicial Methodology, 108 Colum. L. Rev. 681 (2008).
• Liberty, the "Law of the Land," and Abortion in North Carolina, 71 N.C. L. Rev. 1839 (1993), in John T. Plecnik, Equal Access to Public Education: An Examination of the State Constitutional & Statutory Rights of Nonpublic Students to Participate in Public School Programs on a Part-time Basis in North Carolina & Across the Nation, 13 Tex. J. C.L. & C.R. 1 (2007).
• Legitimating Death, 91 Mich. L. Rev. 1643 (1993), in Frederick M. Bloom, State Courts Unbound, 93 Cornell L. Rev. 501 (2008).
• Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Stephen J. Morse & Morris B. Hoffman, The Uneasy Entente Between Legal Insanity and Mens Rea: Beyond Clark v. Arizona, 97 J. Crim. L. & Criminology 1071 (2007).

Lou was quoted in Douglas Knehans Named New CCM Dean, Cincinnati Enquirer, Apr. 1, 2008, at 1B.

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Profile of Dean Bilionis

Charles Hartsock Professor of Law and Director, Corporate Law Center

Barbara published Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008). She posted a new article, When Perception Changes Reality: An Empirical Study of Investors’ Views of the Fairness of Securities Arbitration (with Jill Gross), on SSRN. Barbara’s study, Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill Gross), was extensively discussed in Bloomberg News, Wall Street, Ivory Tower Wrestle in Study Wars. She posted Is Securities Arbitration Fair to Investors?, 25 Pace L. Rev. 1 (2004), on SSRN.

The University of Cincinnati Law Review (winter 2008) published the papers presented at the 2007 Corporate Law Center Symposium, Twenty Years After Shearson/American Express v. McMahon: Assessing Investors' Remedies.

For the second summer, the Corporate Law Center will provide assistance to the Special Task Force on Commercial Dockets established by the Chief Justice of the Ohio Supreme Court. 2Ls Jeffrey Hicks and Nicholas Schwandner will conduct empirical research on the impact of the creation of a separate docket for business and commercial disputes on filings in Hamilton County.

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Profile of Professor Black

Professor of Law

Chris won the Goldman Prize for Teaching Excellence. His scholarship was featured in the University Libraries’ 17th Annual Authors, Editors and Composers Reception.

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Profile of Professor Bryant

Associate Dean of Faculty and Charles Hartsock Professor of Law

Paul presented The Story of Murphy: A New Front in the War on the Income Tax at the University of Toronto Faculty of Law (as part of its James Hausman Tax Law and Policy Workshop Series) and at Boston College Law School (as part of its Tax Policy Workshop Series).

The Law Stories Series of Foundation Press, for which Paul Serves as Series Editor, published Civil Rights Stories (2d edition), edited by Kevin M. Clermont (Cornell).

Paul was quoted in:

• 1L Attrition Topped 30% at Six Law Schools, ABA Journal, Apr. 2008.
• The Rankings Czar: Law Deans Hate Bob Morse's Rankings. He'd Like Their Help to Make Them Better, ABA Journal, Apr. 2008.
• I Got Those Itemized Deduction Blues, Cincinnati Enquirer, Apr. 7, 2008.
• Most of Clintons' Charitable Donations Went to Family Foundation, Washington Post, Apr. 6, 2008
• Same Old Song at Tax Time, Cincinnati Enquirer, Apr, 8, 2008.

Two of Paul’s articles were cited:

• The Long Tail of Legal Scholarship, 116 Yale L.J. Pocket Part 38 (2006), in Mark A. Hall & Ronald F. Wright, Systematic Content Analysis of Judicial Opinions, 96 Cal. L. Rev. 63 (2008).
• Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2005) (with Bernard S. Black), in David E. Pozen, We Are All Entrepreneurs Now, 43 Wake Forest L. Rev. 283 (2008).

Paul launched a new blog as part of his Law Professor Blogs Network: Career & Professional Development Blog, edited by Susan Gainen & Mina Jones Jefferson (Cincinnati).

Paul published several issues of his SSRN Tax Law Abstracts e-journals:

• 4 issues of Tax Law & Policy (vol. 9, nos 10-13).
• 4 issues of Practitioner Series (vol. 8, nos. 10-13).
• 2 issues of International & Comparative Tax (vol. 8, nos. 8-9) (with Robert A. Green (Cornell)).

Paul’s scholarship was featured in the University Libraries’ 17th Annual Authors, Editors and Composers Reception.

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Profile of Professor Caron

Assistant Professor of Law

Jacob’s article, International Criminal Courts and Fair Trials: Difficulties and Prospects, 27 Yale J. Int’l L. 111 (2002), was cited in Wayne A. Logan, Confronting Evil: Victims’ Rights in an Age of Terror, 96 Geo. L.J. 721 (2008).

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Profile of Professor Cogan

Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic

Margaret won the Goldman Prize for Teaching Excellence. She made a presentation on the work of the Domestic Violence and Civil Protection Order Clinic to the Hamilton County Domestic Violence Coordinating Counsel. Margaret participated in a meeting of the Hamilton County Fatality Review Committee.

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Profile of Professor Drew

Judge Joseph P. Kinneary Professor of Law

Two of Rafael’s articles were cited:

• Congressional Control or Judicial Independence: The Determinants of US Supreme Court Labor-Relations Decisions: 1949-1987, 23 Rand J. Econ. 463 (1992) (with Pablo T. Spiller), in Bryan W. Marshall, Richard L. Pacelle, Jr., & Christine Ludowise, A Court of Laws or a Super Legislature? An Integrated Model of Supreme Court Decision Making in Exploring Judicial Politics 194 (Mark C. Miller, ed., Oxford, 2009).
• A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, 6 J. L. Econ. & Org. 263 (1990) (with Pablo T. Spiller), in Einer Elhauge, Statutory Default Rules: How to Interpret Unclear Legislation (Harvard University Press, 2008).

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Profile of Professor Gely

Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Mark spoke at the issue of wrongful convictions to the Cincinnati CALL chapter (leadership training for young lawyers) at Hebrew-Union College, and at the First Unitarian Church of Cincinnati. Mark and the Innocence Project were featured in 30 Ohio Inmates Seeking New Dna Tests to Prove Innocence: Ohio Prisoners Request New Tests, Cleveland Plain Dealer, Apr. 27, 2008.

Mark’s article, The Innocence Revolution and our "Evolving Standards of Decency" in Death Penalty Jurisprudence, 29 U. Dayton L. Rev. 265 (2004) (with Thomas Pulley), was cited in Melanie D. Wilson, Prosecutors “Doing Justice” Through Osmosis – Reminders to Encourage a Culture of Cooperation, 45 Am. Crim. L. Rev. 67 (2008).

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Profile of Professor Godsey
Lois and Richard Rosenthal Institute for Justice/Ohio Innocence Project

Emily Ming-Sue Houh

Professor of Law

Two of Emily’s articles were cited:

• The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, 2005 Utah L. Rev. 1, in Florence Wagman Roisman, The Right to Remain: Common Law Protections for Security of Tenure: An Essay in Honor of John Otis Calmore, 86 N.C. L. Rev. 817 (2008).
• Towards Praxis, 39 U.C. Davis L. Rev. 905 (2006), in Angela P. Harris, From Color Line to Color Chart?: Racism and Colorism in the New Century, 10 Berkeley J. Afr.-Am. L. & Pol’y 52 (2008).

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Profile of Professor Houh

Ann Hubbard

Professor of Law

Ann’s article, The Major Life Activity of Belonging, 39 Wake Forest L. Rev. 217 (2004), was cited in Michael Selmi, Interpreting the Americans with Disabilities Act: Why the Supreme Court Rewrote the Statute, and Why Congress Did Not Care, 76 Geo. Wash. L. Rev. 522 (2008).

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Profile of Professor Hubbard

Kristin Kalsem

Professor of Law

Kristin’s article, Social Justice Feminism (with Verna Williams) was accepted for publication in the UCLA Women’s Law Journal and featured on Larry Solum's Legal Theory Blog.

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Profile of Professor Kalsem

Professor of Law

Christo won the Goldman Prize for Teaching Excellence. He spoke on a panel at the College on The Role of the Prosecutor and Public Defender with Assistant Federal Public Defender Ransom Hudson.

Christo’s scholarship was featured in the University Libraries’ 17th Annual Authors, Editors and Composers Reception.

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Profile of Professor Lassiter

Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights

Bert hosted a luncheon presentation at the College by Karinna Moskalenko, Director, International Protection Center.

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Profile of Professor Lockwood
Urban Morgan Institute for Human Rights

Professor of Law and Faculty Director, Glenn M. Weaver Institute for Law & Psychiatry

Betsy’s article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan 2008 Supp.).

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Profile of Professor Malloy
Glenn M. Weaver Institute for Law and Psychiatry

James B. Helmer, Jr. Professor of Law

Brad published Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts v. EPA’s New Standing Test for States, 49 William & Mary L. Rev. 1701 (2008). He posted Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn? on SSRN.

Brad serves as a member of the City of Cincinnati Climate Change Steering Committee, which issued its final report to City Council.

Several of Brad’s articles were cited:

• After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, 78 U. Colo. L. Rev. 375 (2007), in David B. Edwards, Out of the Mouth of States: Deference to State Action Finding Effect in Federal Law, 63 N.Y.U. Ann. Surv. Am. L. 429 (2008).
• Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, 60 SMU L. Rev. 157 (2007), in Daniel A. Crane, Antitrust Antifederalism, 96 Cal. L. Rev. 1 (2008).
• The Murky Future of the Clean Water Act after SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, 30 Ecology L.Q. 811 (2003), in Augusta Wilson, Of Ponds and Pot: How Rapanos Ignored Raich and the Potential Role for Cooperative Federalism, 17 Cornell J.L. & Pub. Pol'y 453 (2008).

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Profile of Professor Mank

Administrative Director, Glenn M. Weaver Institute of Law and Psychiatry

Douglas published Evaluate Liability Risks in Prescribing, 7 Current Psychiatry 91 (2008). He completed a new article, Use of Actuarial Instruments in Clinical Practice.

Douglas made the following presentations:

• Thinking Clearly About the Accuracy of Actuarial Risk Assessment Instruments: A Moderated Panel Discussion, American Psychology-Law Society Conference, Jacksonville, FL.
• How Accurate Are Determinations of Competence to Stand Trial? Poster presentation, American Psychology-Law Society Conference, Jacksonville, FL.
• Assessing Adjudicative Competence: How Accurate?, Annual Meeting, Midwest Chapter of the American Academy of Psychiatry and the Law, Cleveland, OH

• Another Look at Interpreting Risk Categories, 18 Sexual Abuse-A Journal of Research and Treatment 41 (2006), and Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Richard Wollert, Poor Diagnostic Reliability, the Null-Bayes Logic Model, and Their Implications for Sexually Violent Predator Evaluations, 13 Psych., Pub. Pol’y 167 (2007).
• Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Amarendra N. Singh, Assessment and Prediction of Violence in Psychiatric Patients, 15 Int’l Med. J.3 (2008).
• Conventional and Atypical Antipsychotics and the Evolving Standard of Care, 51 Psychiatric Serv. 1528 (December 2000) (with Douglas S. Lehrer), in John M. Kane, et al., Long-term Efficacy and Safety of Iloperidone - Results from 3 Clinical Trials for the Treatment of Schizophrenia, 28 J. Clin. Psychopharmacology S29-S35 (2008).
• Veterans Affairs Disability Compensation: A Case Study in Countertherapeutic Jurisprudence, 24 Bull. Am. Acad. Psych. L. 27 (1996), in Debora A. Perlick, et al., Association of Symptomatology and Cognitive Deficits to Functional Capacity in Schizophrenia, 99 Schizophrenia Res. 192 (2008).

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Profile of Professor Mossman

Professor of Law

Bill posted High Pressure Sales Tactics and Dead Trees: What to Do with Promoters’ Pre-Incorporation Contracts, 4 Rutgers Bus. L.J.1 (2007), on SSRN.

April 30 marked Bill’s last class after thirty years at College. Dean Bilionis celebrated the occasion with these words of appreciation:

“A dedicated teacher with 30 years of service to the College of Law, Professor Rands is a three-time winner of the Goldman Prize for Excellence in Teaching. His scholarly contributions in the corporate law, corporate finance, and tax areas have been published in well-recognized law reviews through the years .... He has served on and chaired most of the College’s standing committees and many ad hoc committees over the years. Those of us who have attended faculty meetings know that he is the living embodiment of our authoritative institutional history and common law.

We are going to miss Professor Rands’ wisdom, patient guidance, and unflagging support for the College, but can take comfort that he will be no stranger to us in his well-earned retirement. As many of you are aware, Bill is a dedicated sports fan and we trust that his retirement will provide him with many more opportunities to enjoy his passion to the fullest here in Cincinnati, where he plans to remain.”

Additional Links:
Profile of Professor Rands

Professsor of Law

Ronna hosted a conference at the College on Education Law Stories: The People and Principles Behind Education's Most Contentious Legal Controversies, to celebrate the publication of her new book, Education Law Stories (Foundation Press, 2008) (with Michael Olivas).

Ronna was elected to membership in the American Law Institute. Her scholarship was featured in the University Libraries’ 17th Annual Authors, Editors and Composers Reception.

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Profile of Professor Schneider

Donald P. Klekamp Professor of Law

Michael presented Congress, Ex Parte Young, and the Fate of the Three-Judge District Court, 70 U. Pitt. L. Rev. ___ (2008), at a panel on Changing Conceptions of Rights at the annual meeting of the Midwest Political Science Association in Chicago.

Several of Michael’s articles were cited:

• Choice of Law in the American Courts in 1991, 40 Am. J. Comp. L. 951 (1992), in Symeon C. Symeonides, Choice of Law in the American Courts in 2007: Twenty-first Annual Survey, 56 Am. J. Comp. L. 243 (2008).
• 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 David A. Hoffman et al., Docketology, District Courts, and Doctrine, 85 Wash. U. L. Rev. 681 (2007).
• Federalism, Liberty and State Constitutional Law, 23 Ohio N.U. L. Rev. 1457 (1997) (with James L. Walker), in Thomas B. McAfee et al., The Automobile Exception in Nevada: A Critique of the Harnisch Cases, 8 Nev. L.J. 622 (2008).
• Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Paul G. Ulrich, P.C. and Sidley Austin, Brown & Wood, LLP, Federal Appellate Practice Guide 9th Circuit (Lawyers Cooperative, 2nd ed., 2008 Supp.); and in Wendy L. Martinek, Appellate Workhorses of the Federal Judiciary: The U.S. Court of Appeals in Exploring Judicial Politics (Mark C. Miller, ed., Oxford University Press, 2009).
• The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James L. Walker), in Einer Elhauge, Statutory Default Rules: How to Interpret Unclear Legislation (Harvard, 2008).
• Respecting State Courts: The Inevitability of Judicial Federalism, (Greenwood Press, 1999) (with James L. Walker), in Frederick M. Bloom, State Courts Unbound, 93 Cornell L. Rev. 501 (2008); and in Adam Benforado & Jon Hanson, The Great Attributional Divide: How Divergent Views of Human Behavior Are Shaping Legal Policy, 57 Emory L.J. 311 (2008).
• Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991), in Daniel A. Crane, Antitrust Antifederalism, 96 Cal. L. Rev. 1 (2008).
• Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Matthew L. M. Fletcher, The Supreme Court's Indian Problem, 59 Hastings L.J. 579 (2008); and in Timothy S. Bishop et al., Tips on Petitioning for and Opposing Certiorari in the U.S. Supreme Court, 34 Litigation 26 (2008).

Additional Links:
Profile of Professor Solimine

Sandra Sperino

Visiting Assistant Professor of Law

Sandra's article, The "Disappearing Dilemma": Why Agency Principles Now Take Center Stage in Retaliation Cases was accepted for publication in the Kansas Law Review.

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Profile of Professor Sperino

Associate Professor of Law

Adam’s article, What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?), was accepted for publication in the Notre Dame Law Review. Larry Solum praised the article on his Legal Theory Blog:

“I read this earlier & just got off the phone with Steinman after a long talk. Fascinating article & highly recommended. This is very rich. They key insight is Steinman's recognition that the rationale of Gaspareni extends to cases in which two conditions are met: (1) there is a substance-effecting difference between state and federal law, and (2) the federal rule of civil procedure underdetermines the outcome and hence requires "construction" (as opposed to "interpretation") in the technical sense. Very cool. The more controversial implication would be that some federal rules may violate 28 USC Sec. 2072(b) if they are substance affecting. ... If you are interested in procedure, read Steinman!”

Adam’s article also was featured on Civil Procedure Prof Blog and Federal Civil Practice Bulletin. His scholarship was featured in the University Libraries’ 17th Annual Authors, Editors and Composers Reception.

Additional Links:
Profile of Professor Steinman

Professor of Law

Suja posted The Unconstitutionality of Summary Judgment: A Status Report, 93 Iowa L. Rev. ___ (2008), and Why Summary Judgment is Still Unconstitutional: A Reply to Professors Brunet and Nelson, 93 Iowa L. Rev. ___ (2008), on SSRN. All of the papers from the symposium on Procedural Justice: Perspectives on Summary Judgment, Peremptory Challenges, and the Exclusionary Rule are now available on the Iowa Law Review web site. Larry Solum announced the availability of the papers on his Legal Theory Blog with this praise: “Almost everyone who is interested in civil procedure knows that Suja Thomas's work on the constitutionality of summary judgment has created an enormous stir on the bench and bar and in the ivory tower.”

Several of Suja’s articles were cited:

• Re-Examining the Constitutionality of Remittitur under the Seventh Amendment, 64 Ohio St. L.J. 731 (2003), in Alexandra D. Lahav, Bellwether Trials, 76 Geo. Wash. L. Rev. 576 (2008).
• The Seventh Amendment, Modern Procedure and the English Common Law, 82 Wash. U. L.Q. 687 (2004), and Judicial Modesty and the Jury, 76 U. Colo. L. Rev. 767 (2005), in Julie A. Seaman, Triangulating Testimonial Hearsay: The Constitutional Boundaries of Expert Opinion Testimony, 96 Geo. L.J. 827 (2008).

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Profile of Professor Thomas

Professor of Law

Verna’s article, Social Justice Feminism (with Kristin Kalsem) was accepted for publication in the UCLA Women’s Law Journal and featured on Larry Solum's Legal Theory Blog.

Verna was quoted in Holding Down the Obama Family Fort `Grandma' Makes the Race Possible, Boston Globe, Mar. 30, 2008.

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Profile of Professor Williams

Professor of Law

Ingrid’s article, The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, 98 Nw. U. L. Rev. 1567 (2004), was cited in Emily Calhoun, The Accounting: Habeas Corpus and Enemy Combatants, 79 U. Colo. L. Rev. 77 (2008).

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Profile of Professor Wuerth