Faculty

Faculty News March 2008 Issue

Marjorie Corman Aaron

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

Marjorie conducted the first half of Making Mediators: A Intensive Practice Workshop for Attorneys and Other Professionals Who Mediate through her Center for Practice. The workshop is designed for experienced professionals, familiar with mediation as advocates, but less experienced in the neutral's role. Participants gain real mediator experience in complex mediations and challenging mediation problems.

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

Timothy K. Armstrong

Timothy K. Armstrong
Assistant Professor of Law

Tim posted Fair Circumvention on SSRN. He presented the article at:
  • Drake Law School at the 2008 Intellectual Property Scholars Roundtable
  • Chicago-Kent Law School as part of their Faculty Colloquia Series

Larry Solum featured the article on his Legal Theory Blog.

Tim's article, Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), was cited in Harry Surden, Structural Rights in Privacy, 60 SMU L. Rev. 1605 (2007); Robert C. Denicola, Access Controls, Rights Protection, and Circumvention: Interpreting the Digital Millennium Copyright Act to Preserve Noninfringing Use, 31 Colum. J.L. & Arts 209 (2008); and Doris E. Long, Messages from the Front: Hard Earned Lessons on Information Security from the IP Wars, 16 Mich. St. J. Int'l L. 71 (2007).

Profile of Professor Armstrong

Lynn Bai

Lynn Bai
Assistant Professor of Law

Lynn presented The Impact of Institutions on Securities Class Action Settlements at The Future of Securities Fraud Litigation Conference at Claremont McKenna College in Ontario, CA.

Profile of Professor Bai

Marianna Brown Bettman

Marianna Brown Bettman
Professor of Clinical Law

Marianna arranged and hosted a visit to the College by the U.S.. Court of Appeals for the 6th Circuit. She attended the dedication and naming of the conference room at the U.S. Bankruptcy Court in honor of Judge Burt Perlman.

Marianna hosted the 2008 Judge-in-Residence program with Chief Justice Shirley Abrahamson. She also hosted a reception and dinner for visiting justices and judges of Rendigs Product Liability Moot Court Competition. Marianna also attended the Ohio Bench/Bar/Deans Conference.

Profile of Professor Bettman

Lou Bilionis

Lou Bilionis
Dean and Nippert Professor of Law

Lou moderated a panel on Representing the Unpopular Client at the College. He spoke on First Amendment Freedom of Association Protection for Fraternities and Sororities at 11th National Fraternal Law Conference held in Cincinnati.

Lou participated in panel discussion on Ethical Ramifications of Conflicts of Interest at Dinsmore & Shohl's Ethics, Professionalism, and Substance Abuse: Conflicts of Interest CLE seminar.

Lou serves as vice chair of the Council of Deans at UC and serves on UC's Diversity Council. He served on an action team on effective governance as part of the Cincinnati USA Chamber's Agenda 360 initiative. He was invited to participate in a conference on Legal Education at the Crossroads held at University of South Carolina.

Lou attended the ABA Mid-Year Meeting and Deans' Workshop in Los Angeles.

Lou hosted a meeting of the Board of Visitors at the College.

Two of Lou's articles were cited:
  • Moral Appropriateness, Capital Punishment, and the Lockett Doctrine, 82 J. Crim. L. & Criminology 283 (1991), in Saritha Komatireddy, A Sentence Reinstated, a Text Set Aside: Shirking the Lockett Dilemma in Ayers v. Belmontes, 127 S. Ct. 469 (2006), 30 Harv. J.L. & Pub. Pol'y 1085 (2007).
  • Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Arthur Leavens, Beyond Blame–Mens Rea and Regulatory Crime, 46 U. Louisville L. Rev. 1 (2007).

Profile of Dean Bilionis

Barbara Black

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

Barbara posted Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill I. Gross (Pace)), the first empirical study of participants' perceptions of fairness of securities Self-Regulatory Organizations (SRO) arbitrations involving customers. Barbara and Professor Gross drafted and designed the survey, coordinated its mailing, interpreted the data we collected, and prepared the Report, with the technical assistance of Cornell University's Survey Research Institute. They surveyed participants in NASD Dispute Resolution and NYSE arbitrations that were filed from Jan. 1, 2002 through Dec. 31, 2006 and closed between Jan. 1, 2005 and Dec. 31, 2006 and received 3,087 responses (a 13% response rate). Their findings detail that survey participants have divided views about the fairness of securities arbitration and that for almost every question in the survey, customers have a more negative perception of the process than non-customers.

A preliminary version of the report, which was commissioned by the Securities Industry Conference on Arbitration (SICA), was leaked to a Dow Jones reporter, who reported on the study's findings on Feb. 6, and, a day later, SICA released publicly the final report. Since its release, the report has engendered vigorous debate over its findings. The Securities Industry and Financial Markets Association (SIFMA) criticized what it called the study's “middling results, flawed process” (and its focus on subjective perceptions). In contrast, the North American Securities Administrators Association (NASAA) praised the study and said that its findings support what state regulators have been hearing from investors in their states -- that they believe the securities arbitration process is “rigged” against them. Other media coverage includes BNA Securities Daily (Feb. 8), Securities Arbitration Alert (Feb. 6, Feb. 20), Investment Executive (Feb. 6), and Investment News (Feb. 6).

Profile of Professor Black

A. Christopher Bryant

A. Christopher Bryant
Charles Hartsock Professor of Law and Director, Corporate Law Center

Chris published The Third Death of Federalism, 17 Cornell J.L. & Pub. Pol'y 101 (2007).

Profile of Professor Bryant

Paul L. Caron

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

The Law Stories Series of Foundation Press, for which Paul Serves as Series Editor, published Civil Rights Stories, edited by Myriam Gilles (Cardozo) & Risa Goluboff (Virginia).

Paul's TaxProf Blog was named the eighth most influential law faculty blog in a new study by Jay Brown (Denver), Of Empires, Independents, and Captives: Law Blogging, Law Scholarship, and Law School Rankings. Thirteen of the fifty most influential law faculty blogs are members of Paul's Law Professor Blogs Network.

Paul published several issues of his SSRN Tax Law Abstracts e-journals:
  • 5 issues of Tax Law & Policy (vol. 9, nos. 1-5)
  • 5 issues of practitioner Series (vol. 8, nos. 1-5)
  • 5 issues of International & Comparative Tax (vol. 8, nos. 1-5) (co-edited with Robert A. Green (Cornell))

Paul was quoted in Who Gets the Biggest Mortgage-Interest Tax Break? The Wealthy, Associated Press, Feb. 27, 2008.

Several of Paul's publications were cited:
  • Federal Wealth Transfer Tax Anthology (LexisNexis, 1998) (with Karen C. Burke & Grayson M.P. McCouch), in Miranda Perry Fleischer, Charitable Contributions in an Ideal Estate Tax, 60 Tax L. Rev. 263 (2007).
  • Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. Legal Educ. 551 (2004) (with Rafael Gely), in Roy Stuckey et al., Best Practices For Legal Education (2007); Deborah J. Merritt, Legal Education in the Age of Cognitive Science and Advanced Classroom Technology, 14 B.U. J. Sci. & Tech. L. 39 (2008); and Leah M. Christensen, Law Students Who Learn Differently: A Narrative Case Study of Three Law Students with Attention Deficit Disorder (ADD), 21 J.L. & Health 45 (2008).
  • Tax Myopia, or Mamas Don't Let Your Babies Grow Up to Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), in Menahem Pasternak & Christophe Rico, Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis, 23 Akron Tax J. 33 (2008).

Profile of Professor Caron

Jenny Carroll

Jenny Carroll
Assistant Professor of Clinical Law

Jenny was quoted in Pursuit of Justice; Private Lab Offers Free DNA Tests in 30 Cases, Columbus Dispatch, Jan. 31, 2008, at 1A.

Profile of Professor Carroll

Jacob Cogan

Jacob Cogan
Assistant Professor of Law

Jacob's article, Noncompliance and the International Rule of Law, 31 Yale J. Int'l L. 189 (2006), was cited in Laurence R. Helfer, Nonconsensual International Lawmaking, 2008 U. Ill. L. Rev. 71.

Profile of Professor Cogan

Margaret Drew

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

Margaret published Healing Ourselves, ABA Commission on Domestic Violence e-Newsletter (Winter 2008). The Domestic Violence and Civil Protection Order Clinic, along with the Mental Health Association of Southwest Ohio, co-sponsored a program on Difficult Crossroads: Mental Illness and Domestic Violence.

Profile of Professor Drew

Rafael Gely

Rafael Gely
Judge Joseph P. Kinneary Professor of Law

Several 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 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure (Thomson West, 3rd ed., 2008 Supp.).
  • Love, Sex and Politics? Sure. Salary? No Way: Workplace Social Norms and the Law, 25 Berkeley J. Emp. & Labor L. 167 (2004) (with Leonard Bierman), in Michael Selmi, The Supreme Court's 2006-2007 Term Employment Law Cases: A Quiet but Revealing Term, 11 Employee Rts. & Emp. Pol'y J. 219 (2007).
  • Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. Legal Educ. 551 (2004) (with Paul L. Caron), in Roy Stuckey et al., Best Practices For Legal Education (2007); Deborah J. Merritt, Legal Education in the Age of Cognitive Science and Advanced Classroom Technology, 14 B.U. J. Sci. & Tech. L. 39 (2008); and Leah M. Christensen, Law Students Who Learn Differently: a Narrative Case Study of Three Law Students with Attention Deficit Disorder (ADD), 21 J.L. & Health 45 (2007).
  • A Tale of Three Statutes . . . (and One Industry): A Case Study on the Competitive Effects of Regulation, 80 Or. L. Rev. 947 (2001), in Jeffrey M. Hirsch, The Silicon Bullet: Will the Internet Kill the NLRA? 76 Geo. Wash. L. Rev. 262 (2008).

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 posted Reliability Lost, False Confessions Discovered, 10 Chap. L. Rev. 1 (2007) on SSRN. He spoke at the University of Dayton as part of its annual Human Rights Week.

Mark and a volunteer attorney and nine 1L students submitted a 42-page memorandum to Governor Strickland on February 20th, asking for six new laws in Ohio to protect against wrongful convictions. Former AG Jim Petro is acting as a lead lobbyist in working to get these legislative proposals passed into law.

Mark was featured in the documentary Conviction: The True Story of Clarence Elkins, which won the award for Best Short Documentary at the Big Sky Film Festival in Missoula, Montana. Mark was present at the premiere of the film and answered questions from the audience after the film debuted.

Mark was solicited by the peer-reviewed Ohio State Journal of Criminal Law to write a book review of Richard Leo, Police Interrogation and American Justice (Harvard University Press, 2008).

After a four-year investigation, Mark and students Ashley Couch and Miranda Hamrick filed a 60-page brief in Montgomery County Court of Common Pleas seeking the exoneration of OIP client Roger Dean Gillispie. The case involves witness misidentification and police corruption, including Brady violations and tampering with witnesses and other evidence. The following week, the Dayton Daily News printed an editorial demonstrating the paper's support of the OIP's efforts in the case (Case Casts Dark Cloud on Local Justice System, Dayton Daily News, Feb. 18, 2008, at A14.)

The Columbus Dispatch ran a 5-part series on DNA and wrongful convictions in Ohio at www.dispatch.com/dna. The OIP worked with the Dispatch for more than a year in performing research for the series. The OIP filed more than 20 briefs seeking DNA testing for inmates identified in the articles as inmates who have potentially meritorious DNA claims.

Mark was quoted in several newspaper articles:
  • Governor Urges DNA Testing on 30 Inmates Claiming Innocence, Akron Beacon Journal, Jan. 21, 2008.
  • Heck's Staff Reviewing Documents, Dayton Daily News, Feb. 18, 2008, at A14.

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

Emily Houh

Emily Houh
Professor of Law

Emily participated in a panel discussion on Ending Affirmative Action: The Current Effects of Proposition 209 in California and the Potential Effects of Proposal 2 on Public University Education in Michigan at a conference at Michigan on From Proposition 209 to Proposal 2: Examining the Effects of Anti-Affirmative Action Voter Initiatives. The papers will be published in the Michigan Journal of Race and Law.

Profile of Professor Houh

Christo Lassiter

Christo Lassiter
Professor of Law

Christo's article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U. L. Rev. 79 (1998), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure (Thomson West, 3rd ed., 2008 Supp.).

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

Two of Bert's articles were cited:
  • The United Nations Charter and United States Civil Rights Litigation, 1946-1955, 69 Iowa L. Rev. 901 (1984), in Judith Resnik, Law as Affiliation: “Foreign” Law, Democratic Federalism, and the Sovereigntism of the Nation-State, 6 Int'l J. Const. L. 33 (2008); and Aya Gruber, Who's Afraid of Geneva Law? 39 Ariz. St. L.J. 1017 (2007).
  • Preliminary Thoughts Towards an International Convention on Terrorism, 68 Am. J. Int'l L. 69 (1974) (with Thomas M. Franck), in Christos Ravanides, 31 Hastings Int'l & Comp. L. Rev. 193 (2008).

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 Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2006), on SSRN. The article was featured on Larry Solum's Legal Theory Blog and sparked considerable discussion in the law prof blogosphere:
  • InstaPundit (Ann Althouse (Wisconsin))
  • ProfessorBainbbbridge.com (Stephen Bainbridge (UCLA))
  • The Volokh Conspiracy (Eugene Volokh (UCLA))

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

Douglas Mossman

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

Doug published Tips To Make Documentation Easier, Faster, and More Satisfying, Current Psychiatry, Vol. 7(2), pp. 80, 84-86 (2008). He completed an article, How to Evaluate the Risks of Prescribing.

Doug presented Subjects Lacking Capacity to Consent at the Clinical and Translational Research Ethics Conference in Cincinnati. Several of his articles were cited:
  • Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychology 783 (1994), in Kaeko Yokota, et al., Application of the Behavioral Investigative Support System for Profiling Perpetrators of Serial Sexual Assaults, 25 Behav. Sci.& L. 841 (2008); Jerome Endrass, et al., Using the Violence Risk Appraisal Guide (VRAG) to Predict In-prison Aggressive Behavior in a Swiss Offender Population, 52 Int'l J. Offender Therapy & Comp. Criminology 81 (2008); and Jodi L. Viljoen, et al. Assessing Risk for Violence in Adolescents Who Have Sexually Offended, 35 Crim. Just. & Behav. 5 (2008).
  • Is Prosecution "Medically Appropriate"?, 31 New Eng. J. on Crim. & Civ. Confinement 15 (2005), in Developments in the Law -- The Law of Mental Illness, 121 Harv. L. Rev. 1121 (2008).
  • Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Berkman Saliner, et al., Performance Analysis of Three-class Classifiers: Properties of a 3-d ROC Surface and the Normalized Volume under the Surface for the Ideal Observer, 27 IEEE Transactions on Medical Imaging, 215 (2008); and Yueh-Yun Chi & Xiao-Hua Zhou, Receiver Operating Characteristic Surfaces in the Presence of Verification Bias, 57 J. Royal Statistical Soc. Series C-Applied Statistics 1 (Part 1 2008).

Profile of Professor Mossman

Ronna Schneider

Ronna Schneider
Professsor of Law

Ronna posted Getting Help With Their Homework: Schools, Lower Courts, and the Supreme Court Justices Look for Answers Under the Establishment Clause, 53 Admin. L. Rev. 943 (2001) on SSRN.

Ronna's book, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004), was cited in Lucy M. Stark, Exposing Hostile Environments for Female Graduate Students in Academic Science Laboratories: The McDonnell Douglas Burden-shifting Framework as a Paradigm for Analyzing the “Women in Science” Problem, 31 Harv. J. L. & Gender 101 (2008); and Davis v. McKinney, No. 07-20184, 2008 WL 451769 (5th Cir. Feb. 21, 2008).

Profile of Professor Schneider

Michael E. Solimine

Michael E. Solimine
Donald P. Klekamp Professor of Law and Director, Faculty Development

Several of Michael's articles were cited:
  • 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), and The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Charles R. Flores, Appealing Class Action Certification Decisions Under Federal Rule of Civil Procedure 23(f), 4 Seton Hall Cir. Rev. 27 (2007); and Barry Sullivan & Amy Kobelski Trueblood, Rule 23(f): A Note on the Law and Discretion in the Courts of Appeals, 246 F.R.D. 277 (2008).
  • Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in James H. Fowler & Sangick Jeon, The Authority of Supreme Court Precedent, 30 Social Networks 16 (2008).
  • An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Charles W. “Rocky” Rhodes, Liberty, Substantive Due Process, and Personal Jurisdiction, 82 Tul. L. Rev. 567 (2007).
  • Respecting State Courts: The Inevitability of Judicial Federalism, (Westport, Conn.: Greenwood Publishing, 1999) (with James L. Walker), in J. Mitchell Pickerill & Paul Chen, Medical Marijuana Policy and the Virtues of Federalism, 38 Publius J. Fed. 22 (2008).

Profile of Professor Solimine

Suja Thomas

Suja Thomas
Professor of Law

Suja presented Why the Motion to Dismiss Is Now Unconstitutional, 92 Minn. L. Rev. ___ (2008), at Illinois and Vanderbilt. She presented Why Summary Judgment Is Still Unconstitutional as part of a panel on Summary Judgment and Seventh Amendment Concerns at the University of Iowa Law Review Symposium on Procedural Justice: Perspectives on Summary Judgment, Preemptory Challenges, and the Exclusionary Rule.

Profile of Professor Thomas

Joseph P. Tomain

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

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:
  • Paper Presentation: Thinking and Practicing Law: Lessons from Literature and Philosophy, Philosophy Colloquium
  • Paper Presentation: The Conflict Between Man's Law and Higher Law: Three Responses, Philosophy Colloquium
  • Lecture: The Justice Institute and Legal Education, Philosophy Politics and Economics Colloquium>

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.

Profile of Dean Emeritus Tomain

Verna L. Williams

Verna L. Williams
Professor of Law

Verna's remarks at the Harvard Journal of Law & Gender Spring Conference: Changing Social Norms? Title IX and Legal Activism (Apr. 13, 2007) were discussed in Lucy M. Stark, Exposing Hostile Environments for Female Graduate Students in Academic Science Laboratories: The McDonnell Douglas Burden-shifting Framework as a Paradigm for Analyzing the “Women in Science” Problem, 31 Harv. J. L. & Gender 101 (2008). Her article, Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wisc. L. Rev. 15 (2004), was cited in Elizabeth S. Kisthardt, Singling Them Out: The Influence of the “Boy Crisis” on the New Title IX Regulations, 22 Wis. Women's L.J. 313 (2007).

Verna was quoted in:
  • Black Ohio Dems Appear to Be Moving to Obama, Cincinnati Enquirer, Feb. 5, 2008, at 1A.
  • Michelle Obama Solidifies Her Role in the Election, Wall Street Journal, Feb. 11, 2008, at 1A.
  • Michele Obama Thrives in Campaign Trenches, New York Times, Feb. 14, 2008, at A1
  • Obama's Edge: His Wife, Michelle, Atlanta Journal-Constitution, Feb. 14, 2008.

Profile of Professor Williams

Ingrid Brunk Wuerth

Ingrid Brunk Wuerth
Professor of Law

Ingrid presented An Originalism for Foreign Affairs? at Georgia as part of its International Law Colloquium Series. Two of Ingrid's articles were cited:
  • Challenges to Federal Facility Cleanups and CERCLA § 113(h), 8 Tul. Envtl. L.J. 353 (1995), in Charles de Saillan, The Use of Imminent Hazard Provisions of Environmental Laws to Compel Cleanup at Federal Facilities, 27 Stan. Envtl. L.J. 43 (2008).
  • International Law and Constitutional Interpretation: The Commander-in-Chief Clause Reconsidered, 106 Mich. L. Rev. 61 (2007), in Stephen I. Vladeck, The Calling Forth Clause and the Domestic Commander in Chief, 29 Cardozo L. Rev. 1091 (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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