Faculty

Faculty News April 2008 Issue

Marjorie Corman Aaron

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

Marjorie was a judge for the 2007 International Institute for Conflict Prevention & Resolution Awards. The awards were presented at the organization's annual meeting in New York in January.

Profile of Professor Aaron :: Center for Practice in Negotiation & Problem Solving

Timothy K. Armstrong

Timothy K. Armstrong
Assistant Professor of Law

Tim's article, Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), was cited in Edward T. Swaine, Taking Care of Treaties, 108 Colum. L. Rev. 331 (2008); Scott M. Sullivan, Rethinking Treaty Interpretation, 86 Tex. L. Rev. 777 (2008); and Abigail R. Moncrieff, Reincarnating the “Major Questions” Exception to Chevron Deference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got It Wrong (draft, Feb. 15, 2008).

Profile of Professor Armstrong

Marianna Brown Bettman

Marianna Brown Bettman
Professor of Clinical Law

Marianna wrote an op-ed column on Guns, Guns, and More Guns (District of Columbia v. Heller). She helped Ohio Justice and Policy Center Director David Singleton prepare a student intern for an oral argument on expungement before the First Appellate District of Ohio.

Marianna chaired the Truman Scholarship committee, which awards scholarships to college juniors committed to becoming change agents in public service fields. She moderated a panel discussion sponsored by various community groups on Immigration: Who Wants What and Why? Over spring break, Marianna attended a session of the U.S. Supreme Court.

Profile of Professor Bettman

Lou Bilionis

Lou Bilionis
Dean and Nippert Professor of Law

Lou's article, Criminal Justice After the Conservative Reformation, 94 Geo. L.J. 1347 (2006), was cited in Roger A. Fairfax, Jr., Harmless Constitutional Error and the Institutional Significance of the Jury, 76 Fordham L. Rev. 2027 (2008).

Profile of Dean Bilionis

Barbara Black

Barbara Black
Charles Hartsock Professor of Law and Director, Corporate Law Center

Barbara organized and hosted the 2008 Corporate Law Symposium on The Dysfunctional Board: Causes and Cures. Her book, Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), was cited in Charles W. Murdock, Business Organizations (Thomson-West, 2007 Supp.).

Profile of Professor Black

A. Christopher Bryant

A. Christopher Bryant
Professor of Law

Chris's article, Remanding to Congress: The Supreme Court's New "On the Record" Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone), was cited in Robet Glicksman, Nothing Is Real: Protecting the Regulatory Void through Federal Preemption by Inaction, 26 Va. Envtl. L.J. 5 (2008).

Profile of Professor Bryant

Paul L. Caron

Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law

Paul's TaxProf Blog was featured in the Wall Street Journal's Blog Watch Column. He was quoted in an Associated Press story, Who Gets the Biggest Mortgage-Interest Tax Break?

Paul was quoted in a New York Times article, Obamas' Tax Returns Show Donation Spike. His blog post on Obama's tax returns was widely quoted in the blogosphere, including:
  • Above the Law
  • The Atlantic
  • Bible Belt Blogger
  • Club for Growth
  • Huffington Post
  • Hugh Hewitt
  • InstaPundit
  • Jack Bog's Blog
  • Michelle Malkin
  • Political Kudzu
  • Political Wire
  • Right Hand of God
  • Talk Left
  • Taxing Tennessee
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
  • 4 issues of Tax law & Policy (vol. 9, nos 6-9)
  • 4 issues of Practitioner Series (vol. 8, nos. 6-9)
  • 2 issues of International & Comparative Tax (vol. 8, nos. 6-7) (with Robert A. Green (Cornell))

Paul's aticle, What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), was cited in Michael Vitiello, Liberal Bias in the Legal Academy: Overstated and Undervalued, 77 Miss. L.J. 507 (2007).

Profile of Professor Caron

Jacob Cogan

Jacob Cogan
Assistant Professorof Law

Jacob presented Representation and Power in International Organization: The Current Constitutional Crisis at Boston College Law School and Cumberland School of Law, Samford University. He was quoted in Supreme Court Decision on Treaty Rights Prompts Sharp Debate Among Legal Experts, BNA Daily Report for Executives, March 28, 2008.

Profile of Professor Cogan

Margaret Drew

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

Margaret participated in a meeting of the University's Sexual Offense Response Team. She spoke on Domestic Violence Dynamics and Civil Protection Orders at a conference sponsored by the Regional Forensic Counsel and organized by Sexual Assault Nurse Examiners of University Hospital.

Margaret attended a meeting of the Hamilton County Domestic Violence Fatality Review Team and reviewed a chapter on Legal Remedies for a book to be published to assist medical personnel in working with survivors of domestic violence. Her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), was cited in Linda D. Elrod & James P. Buchele, Kansas Family Law (Thomson West, 4th ed., 2007 Supp.).

Profile of Professor Drew

Rafael Gely

Rafael Gely
Judge Joseph P. Kinneary Professor of Law

Rafael posted Card Check Recognition: New House Rules for Union Organizing?, 35 Fordham Urb. L.J. ___ (2008) (with Timothy Chandler), on SSRN.

Two of Rafael's articles were cited:
  • Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, 20 Berkeley J. Emp. & Lab. L. 138 (1999) (with Leonard Bierman), in Scott A. Moss & Douglas M. Raines, The Intriguing Federalist Future of Reproductive Rights, 88 B.U. L. Rev. 175 (2008).
  • What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Paul Caron), in Michael Vitiello, Liberal Bias in the Legal Academy: Overstated and Undervalued, 77 Miss. L.J. 507 (2007).

Profile of Professor Gely

Mark A. Godsey

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

Mark was elected to the National Innocence Project Board of Directors and attended the National Innocence Network conference at Santa Clara law school, where he presented on fundraising and development, case intake procedures, and how to litigate non-DNA cases.

Mark hosted two speaking events at the College:
  • The Death Penalty in Ohio, by Phyllis Crocker (Cleveland State) and Joe Deters (Hamilton County Prosecutor).
  • Unnecessary Barriers to Successful Re-entry for Inmates Released from Prison, by Jack Chin (Arizona)

Mark and the Ohio Innocence Project's Elkins case was featured on the Forensic Files TV show on the Tru TV network.

Several of Mark's articles were cited:
  • The Final Frontier of Constitutional Confession Law — The International Arena: Exploring the Admissibility of Confessions Taken by U.S. Investigators from Non-Americans Abroad, 91 Geo. L.J. 851 (2003), in Keith Cunningham-Parmeter, Fear of Discovery: Immigrant Workers and the Fifth Amendment, 41 Cornell Int'l L.J. 27 (2008).
  • Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006), and When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), in Charles Alan Wright, et al., Federal Practice and Procedure (West, 2008 Supp.)

Mark was quoted in News Viewership Sank During Strike, Cincinnati Enquirer, Mar. 2, 2008, at 5D.

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

Ann Hubbard

Ann Hubbard
Professor of Law

Ann posted Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), on SSRN.

Profile of Professor Hubbard

Kristin Kalsem

Kristin Kalsem
Professor of Law

Kristin completed a new article, Social Justice Feminism (with Verna WIlliams). She and Verna presented Social Justice Feminism: Words, Movements, Theory and Practice at the 11th Annual Meeting Association for the Study of Law, Culture & the Humanities at Boalt Hall.

Profile of Professor Kalsem

Christo Lassiter

Christo Lassiter
Professor of Law

Christo posted Consent to Search by Ignorant People, 39 Tex. Tech L. Rev. 1171 (2007), on SSRN.

Profile of Professor Lassiter

Bert B. Lockwood, Jr.

Bert B. Lockwood, Jr.
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights

The Pennsylvania Studies in Human Rights Series of the University of Pennsylvania Press, for which Bert serves as Series Editor, published:
  • The Future of Human Rights: U.S. Policy for a New Era, by William F. Schultz
  • Human Rights in the Arab World, by Anthony Chase & Amr Hamzawy,

Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights

S. Elizabeth Malloy

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

Betsy posted Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, 25 St. Louis U. Pub. L. Rev. 307 (2006), on SSRN.

Betsy's article, Recalibrating the Cost of Harm Advocacy Speech: Getting Beyond Brandenburg, 42 Wm. & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), was cited in Ronald Turner, Cross Burnings and the Harm-valuation Analytic: A Tale of Two Cases, 9 Berkeley J. Afr.-Am. L. & Pol'y 3 (2007).

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

Bradford Mank

Bradford Mank
Professor of Law

Brad's article, Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, was accepted for publication in the Columbia Journal of Environmental Law.

Several of Brad's publications were cited:
  • After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, 78 U. Colo. L. Rev. 375 (2007), in Frank D?Angelo, Turf Wars: Street Gangs and the Outer Limits of RICO's ?Affecting Commerce? Requirement, 76 Fordham L. Rev. 2075 (2008).
  • The Draft Title VI Recipient and Revised Investigation Guidances: Too Much Discretion for EPA and a More Difficult Standard for Complainants?, 30 Envl. L. Rep. 11144 (Envl. L. Inst.) (Dec. 2000), and Executive Order 12,898, in The Law of Environmental Justice (Michael B. Gerrard & Sheila Foster eds., ABA, 2d ed. 2008), in Matthew D. Adler, Risk Equity: A New Proposal, 32 Harv. Envtl. L. Rev. 1 (2008).
  • Environmental Justice and Discriminatory Siting: Risk-Based Representation and Equitable Compensation, 56 Ohio St. L. J. 329 (1995), in Noah D. Hall, Political Externalities, Federalism, and a Proposal for an Interstate Environmental Impact Assessment Policy, 32 Harv. Envtl. L. Rev. 49 (2008).
  • Public Participation in the Cleanup and Redevelopment Process, in Brownfield's Law and Practice (Michael B. Gerrard ed., Matthew Bender 1998), and Reforming State Brownfield Programs to Comply with Title VI, 24 Harv. Envtl. L. Rev. 115 (2000), in Oni N. Harton, Indiana's Brownfields Initiatives: A Vehicle for Pursuing Environmental Justice or Just Blowing Smoke?, 41 Ind. L. Rev. 215 (2008).
  • Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Jonathan Remy Nash, Standing and the Precautionary Principle, 108 Colum. L. Rev. 494 (2008).
Douglas Mossman

Douglas Mossman
Director, Glenn M. Weaver Institute of Law and Psychiatry

Several of Douglas's articles were cited:
  • Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Mairead C. Dolan & Charlotte E. Rennie, The Structured Assessment of Violence Risk in Youth as a Predictor of Recidivism in a United Kingdom Cohort of Adolescent Offenders with Conduct Disorder, 20 Psychol. Assessment 35 (2008).
  • Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), Commentary: Assessing the Risk of Violence - Are "Accurate" Predictions Useful?, 28 J. Am. Acad. Psychiatry & L. 272 (2000), Another Look at Interpreting Risk Categories, 18 Sexual Abuse J. Res. Treatment 41 (2006), and Avoiding Errors about `Margins of Error' , 191 Brit. J. Psychiatry 561 (2007), in Alec Buchanan, Risk of Violence by Psychiatric Patients: Beyond the "Actuarial Versus Clinical" Assessment Debate, 59 Psych. Serv. 184 (2008).
  • Daubert, Cognitive Malingering, and Test Accuracy, 27 L. & Hum. Behav. 229 (2003), in Charles W. Murdock, Business Organizations (West, Illinois Practice Series, 2007 Supp.).
  • Measuring Decisional Capacity: Cautions on the Construction of a ''Capacimeter'', 2 Psychol. Pub. Pol. L. 73 (1996), in Jennifer Moyer & Daniel C. Marson, Assessment of Decision-making Capacity in Older Adults: An Emerging Area of Practice and Research, 62 Js. Geront. Ser. B-Psychol. Sci. Soc. Sci. P3 (Jan. 2007).
  • Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Constantin T. Yiannoutsos, Christos T. Nakas, & Bradford A. Navia, Assessing Multiple-group Diagnostic Problems with Multi-dimensional Receiver Operating Characteristic Surfaces: Application to Proton MR Spectroscopy (MRS) in HIV-related Neurological Injury, 40 Neuroimage 248 (Mar. 1, 2008) and, in Thomas C. W. Landgrebe & Robert P. W. Duin, Efficient Multiclass ROC Approximation by Decomposition via Confusion Matrix Perturbation Analysis, 30 IEEE Trans. Pattern Anal. Mach. Intell. 810 (May 2008).
  • Veterans Affairs Disability Compensation: A Case Study in Countertherapeutic Jurisprudence, 24 Bull. Am. Acad. Psychiatry L. 27 (1996), in Nina A. Sayer, et al., Changes in Psychiatric Status and Service Use Associated with Continued Compensation Seeking after Claim Determinations for Posttraumatic Stress Disorder, 21 J. Traum. Stress 40 (Feb. 2008).

Douglas has begun publishing a new column in Current Psychiatry, Malpractice Rx.

Profile of Professor Mossman

Ronna Greff Schneider

Ronna Greff Schneider
Professsor of Law

Ronna wrote a book review, to be published in the Human Rights Quarterly, entitled God, Schools, and Country, a review of Bruce Dierenfiled's book, The Battle Over School Prayer: How Engel v. Vitale Changed America. She served on a moot court panel as preparation for two different lawyers who argued their cases in front of the Ohio Supreme Court and the Sixth Circuit.

Ronna worked with high school students by serving as a mock trial judge for the Cincinnati Bar Association's district level competition for high school students participating in the Ohio Center for Law Related Education competition and as a practice judge with Professor Chris Bryant for the Highlands High School We the People Moot Court Competition.

Ronna's book, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004), was cited in:
  • Davis v. McKinney, No. 07-20184, 2008 WL 451769 (5th Cir. Feb. 21, 2008).
  • Sanders v. Leake County Sch. Dist., No. 4:06CV66TSL, 2008 U.S. Dist. LEXIS 18405 (S.D. MS Mar. 7, 2008).

Profile of Professor Schneider

Michael E. Solimine

Michael E. Solimine
Donald P. Klekamp Professor of Law

Michael's article, Congress, Ex parte Young, and the Fate of the Three-Judge District Court, was accepted for publication in the University of Pittsburgh Law Review.

Several of Michael's publications were cited:
  • 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 Michael H. LeRoy, Misguided Fairness? Regulating Arbitration by Statute: Empirical Evidence of Declining Award Finality, 83 Notre Dame L. Rev. 551 (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 Michael Dore, Law of Toxic Torts (Clark Boardman Callaghan, Environmental Law Series, 2008 Supp.).
  • The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005) and Respecting State Courts: The Inevitability of Judicial Federalism (Westport, Conn.: Greenwood Publishing, 1999) (with James L. Walker), in John F. Preis, Alternative State Remedies in Constitutional Torts, 40 Conn. L. Rev. 723 (2008).
  • The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temp. L. Rev. 425 (1992) (with James L. Walker), in Howard M. Wasserman, Jurisdiction, Merits, and Non-extant Rights, 56 U. Kan. L. Rev. 227 (2008).
  • The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998), in Larry E. Ribstein & Erin Ann O'Hara, Corporations and the Market for Law, 2008 U. Ill. L. Rev. 661.
  • Supreme Court Monitoring of the United States Court of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Tracey E. George, Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging, 61 Vand. L. Rev. 1 (2008).

Profile of Professor Solimine

Adam Steinman

Adam Steinman
Associate Professor of Law

Adam completed a new article, What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?).

Several of Adam's articles were cited:
  • The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 144 (2006), in David L Shapiro, The Story of Celotex: The Role of Summary Judgment in the Administration of Civil Justice, in Civil Procedure Stories 359 (Kevin M. Clermont, ed., Foundation, 2d ed., 2008).
  • Sausage-Making, Pigs' Ears, and Congressional Expansions of Federal Jurisdiction: Exxon Mobil v. Allapattah and its Lessons for the Class Action Fairness Act , 81 Wash L. Rev. 279 (2006) and 'Less' is 'More'? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle, 92 Iowa L. Rev. 1183 (2007), in Charles Alan Wright, et al., Federal Practice and Procedure (West, 2008 Supp.).

Profile of Professor Steinman

Suja Thomas

Suja Thomas
Professor of Law

Two of Suja's articles were cited:
  • Judicial Modesty and the Jury, 76 U. Colo. L. Rev. 767 (2005), in Roger A. Fairfax, Jr., Harmless Constitutional Error and the Institutional Significance of the Jury, 76 Fordham L. Rev. 2027 (2008).
  • Why Summary Judgment is Unconstitutional, 93 Va. L. Rev. 139 (2007), in In re One Star Class Sloop Sailboat Built in 1930 with Hull Number 721, Named “Flash II,”' 517 F.Supp.2d 546 (D. MA October 01, 2007); and David L Shapiro, The Story of Celotex: The Role of Summary Judgment in the Administration of Civil Justice, in Civil Procedure Stories (Kevin M. Clermont, ed., Foundation Press, 2d ed. 2008).

Profile of Professor Thomas

Joseph P. Tomain

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

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.).
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  • 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).

Profile of Dean Emeritus Tomain

Verna L. Williams

Verna L. Williams
Professor of Law

Verna completed a new article, Social Justice Feminism (with Kristin Kalsem). She and Kristin presented Social Justice Feminism: Words, Movements, Theory and Practice at the 11th Annual Meeting Association for the Study of Law, Culture & the Humanities at Boalt Hall.

Verna made two presentations at Harvard Law School:
  • Race and Gender in the Presidential Election, at the Winter Luncheon.
  • Career Transitions: Moving from Private to Public, Public to Private, and Public to Academia, at A Celebration of Public Interest.

Profile of Professor Williams

Ingrid Brunk Wuerth

Ingrid Brunk Wuerth
Professor of Law

Two of Ingrid's articles were cited:
  • The Dangers of Deference: International Claim Settlement by the President, 44 Harv. Int'l L.J. 1 (2003), in Scott M. Sullivan, Rethinking Treaty Interpretation, 86 Tex. L. Rev. 777 (2008).
  • International Law and Constitutional Interpretation: The Commander-in-Chief Clause Reconsidered, 106 Mich. L. Rev. 61 (2007), in Karen P. Seifert, Interpreting the Law of War: Rewriting the Rules of Engagement to Police Iraq, 92 Minn. L. Rev. 836 (2008).

Profile of Professor Wuerth

Faculty News is edited by Paul L. Caron, Associate Dean of Faculty and Charles Hartsock Professor of Law.
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