Faculty

Faculty News May 2007 Issue

Marjorie Corman Aaron

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

Marjorie presented Unreasonable Clients: When Lawyers Ask for Help - And When They Don't - What Can a Mediator Do? at the ABA Section of Dispute Resolution's Annual Conference in Washington, D.C.

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

Marianna Brown Bettman

Marianna Brown Bettman
Invited Professor of Law

Marianna hosted the Honorable R. Guy Cole, Jr. of the U.S. Court of Appeals for the Sixth Circuit, the 2007 Judge-in-Residence at the College. She published Police Chokeholds and Nonviolent Spouses as her monthly Legally Speaking column in American Israelite and City Beat.

Marianna was selected as one two people from her high school graduating class of 1962 as "runners up" for the Walnut Hills High School Alumni Hall of Fame. She hosted a group of students from the College at the oral argument before in the U.S. Court of Appeals for the Sixth Circuit in Hamilton County Board v. National Football League.

Marianna was quoted in Judge Painter: Say What? Judge's Pithy Writing Style Gets His Opinions Noticed, Cincinnati Enquirer, Apr. 16, 2007.

Profile of Professor Bettman

Joseph Biancalana

Joseph Biancalana
Judge Joseph P. Kinneary Professor of Law

Joseph published The Legal Framework of Arbitration in Fifteenth-Century England, 47 Am. J. Legal Hist. 347 (2005).

Profile of Professor Biancalana

Lou Bilionis

Lou Bilionis
Dean and Nippert Professor of Law

Lou moderated two events in the Irving and Selma Harris Distinguished Visitor Series - Hon. William McClain and Hon. William J. Keating, Jr. He moderated a panel discussion at the Glenn M. Weaver Institute of Law and Psychiatry symposium, Law, Ethics, Psychiatry and the Human Genome.

Lou hosted guest judges to the 2007 Rendigs Products Liability Moot Court Competition and presided at the Senior Banquet. His article, Eighth Amendment Meanings from the ABA's Moratorium Resolution, 61 L. & Contemp. Probs. 29 (1998), was cited in Corinna Barrett Lain, Furman Fundamentals, 82 Wash. L. Rev. 1 (2007).

Profile of Dean Bilionis

Kristin Kalsem

Kristin Kalsem
Professor of Law

Kristin presented Social Justice Feminism: Historical Perspectives at Villanova as part of the College's Scholar Exchange Program.

Profile of Professor Kalsem

A. Christopher Bryant

A. Christopher Bryant
Professor of Law

Chris won the 2007 Goldman Prize for Excellence in Law Teaching. His article, The Third Death of Federalism, was accepted for publication in the Cornell Journal of Law & Public Policy.

Chris presented The Supreme Court's Drug Problem at Chase. His 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 in Kevin M. Stack, The Constitutional Foundations of Chenery, 116 Yale L.J. 952 (2007).

Profile of Professor Bryant

Paul L. Caron

Paul L. Caron
Charles Hartsock Professor of Law and Director, Faculty Projects

Paul celebrated the three-year anniversary of his TaxProf Blog. During its three years of existence, TaxProf Blog has become the most popular law–focused blog published by a single law professor, with over 2.7 million visitors and 3.5 million page views.

Paul launched three new blogs as part of his Law Professor Blogs Network:
    * Administrative Law Prof Blog, edited by Drury Stevenson (South Texas College of Law) & Cynthia Quinn (University of Hawai'i). * International Environmental Law Blog, edited by William Burns (Santa Clara) & Richard Caddell (University of Wales). * M&A Law Prof Blog, edited by Steven M. Davidoff (Wayne State).
Paul published several issues of his Tax Law Abstracts e-journals:
    * 6 issues of Tax Law & Policy (vol. 8, nos. 10-15). * 2 issues of Practitioner Series (vol. 7, nos. 7-8). * 3 issue of International & Comparative Tax (vol. 7, nos. 7-9) (co-edited with Robert A. Green (Cornell)).
Two of Paul's articles were cited:
  • What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in Vijay Sekhon, The Over-Education of American Lawyers: An Economic and Ethical Analysis of the Requirements for Practicing Law in the United States, 14 Geo. Mason L. Rev. 769 (2007).
  • New Decision Further Clouds Deductibility of Expenses during Administration, 11 Est. Plan. 164 (1984), in George Gleason Bogert et al., Bogert's Trusts and Trustees (Thomson-West, 3rd ed. 2006 Supp.).

Profile of Professor Caron

Jacob Cogan

Jacob Cogan
Assistant Professor of Law

Jacob published International Decision, Prosecutor v. Milutinovic et al., Decisions on Requests of the United States of America and the North Atlantic Treaty Organisation for Review, 101 Am. J. Int'l L. 163 (2007).

Jacob's article, Competition and Control in International Adjudication, was accepted for publication in the Virginia Journal of International Law. He presented the article at Indiana-Bloomington as part of the College's Scholar Exchange Program. The article was selected for a works-in-progress panel at the Association of American Law Schools-American Society of International Law Joint Conference on International Law: What Is Wrong with the Way We Teach and Write International Law in Vancouver, Canada, in June.

Profile of Professor Cogan

Margaret Drew

Margaret Drew
Professor of Clinical Law and Director, Domestic Relations/Violence Clinic

Margaret presented a guest lecture to graduate students on The Dynamics of Domestic Violence and the Legal Process at the UC School of Social Work. The Domestic Violence Clinic participated in Sexual Assault Awareness Month activities on campus (clinic information was distributed at the Tangerman Center at a kick-off event, and the College provided bus transportation for "Take Back the Night" activities).

Margaret attended a meeting of the ABA Commission on Youth at Risk in Washington, D.C. She attended the inaugural meeting of community services providers to trafficking victims in Cincinnati. The meeting was held as part of a U.S. Department of Health and Human Services organizing event to build a Cincinnati coalition to build public awareness and a network of services around the issue of Human Trafficking.

Margaret attended a Washington, D.C. meeting sponsored by Holland & Knight of the clinical directors at American, Georgetown. Stanford, and Yale to determine how best to meet the civil legal needs of victims of human trafficking.

Margaret emceed the annual awards event held by Connections: A Safe Place. The event honors those who have worked to end childhood sexual abuse and to assist abuse survivors. She was quoted in Law Puts Mothers' Duty under Scrutiny, Cincinnati Enquirer, Apr. 2, 2007, at 1A.

Profile of Professor Drew

Rafael Gely

Rafael Gely
Judge Joseph P. Kinneary Professor of Law

Two of Rafael's articles were accepted for publication:
  • Fishing in Different Ponds: An Industry Level Analysis of Organizing Activity, in WorkingUSA.
  • Social Isolation and American Workers: Employee Blogging and Legal Reform, in the Harvard Journal of Law and Technology.
Several of Rafael's articles were cited:
  • What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Paul Caron), in Vijay Sekhon, The Over-Education of American Lawyers: an Economic and Ethical Analysis of the Requirements for Practicing Law in the United States, 14 Geo. Mason L. Rev. 769 (2007).
  • The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Michael Solimine), in Stephen L. Wasby & Jolly A. Emrey, Review Section, 28 Just. Sys. J. 117 (2007).
  • Pay Secrecy/Confidentiality Rules and the National Labor Relations Act , 6 U. Pa. J. Lab. & Emp. L. 121 (2003) (with Leonard Bierman), in Marc Cote, Getting Dooced: Employee Blogs and Employer Blogging Policies under the National Labor Relations Act, 82 Wash. L. Rev. 121 (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 spoke on Wrongful Convictions, DNA and the Innocence Revolution at the Rotary Club in Cincinnati, to a group of administrators at UC, and at a leadership training day for Public Alliance. The Ohio Innocence Project was chosen as the "Courageous Advocate" for 2007 by the Inns of Court. Mark and other members of the OIP will receive the award on May 15.

Mark's article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005), was cited in Michael S. Pardo, Neuroscience Evidence, Legal Culture, and Criminal Procedure, 33 Am. J. Crim. L. 301 (2006).

. Mark was quoted in:
  • Duke Case Tarnishes Justice, Says Prosecutor, Dayton Daily News, Apr. 22, 2007, at A4.
  • Justice System Shows a Few Flaws, Cleveland Plain Dealer, Apr. 13, 2007, at B1.
  • DNA Changes Criminal Justice Innocence Project at Forefront of Revolution in Courtroom, Cleveland Plain Dealer, Apr. 12, 2007, at B4.

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

Ann Hubbard

Ann Hubbard
Professor of Law

Ann published The Future of "The Duty to Protect": Scientific and Legal Perspectives on Tarasoff's Thirtieth Anniversary, 75 U. Cin. L. Rev. 429 (2006) (symposium). Her article, The Major Life Activity of Belonging, 39 Wake Forest L. Rev. 217 (2004), was cited in Michael Ashley Stein, Disability Human Rights, 95 Cal. L. Rev. 75 (2007).

Profile of Professor Hubbard

Max Huffman
Visiting Assistant Professor of Law

Max accepted a position as Visiting Assistant Professor of Law at West Virginia for Fall 2007. He will be teaching Contracts and Consumer Law.

Profile of Professor Huffman

Bert B. Lockwood, Jr.

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

Bert hosted a visit to the College by Richard Claude, Professor Emeritus of Government and Politics at Maryland and Founding Editor of the Human Rights Quarterly.

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 published 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 Univ. Pub. L. Rev. 307 (Fall 2006) (symposium). She hosted the Glenn M. Weaver Institute of Law and Psychiatry symposium, Law, Ethics, Psychiatry, and the Human Genome Project.

Betsy's article, Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev 603 (2001), was cited in Naomi Schoenbaum, It's Time that You Know: The Shortcomings of Ignorance as Fairness in Employment Law and the Need for an "Information-shifting" Model, 30 Harv. J. L. & Gender 99 (2007).

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

Bradford C. Mank

Bradford C. Mank
James B. Helmer Jr. Professor of Law

As Chair of the City of Cincinnati's Environmental Advisory Council, Brad participated in the interview process for hiring a new Environmental Quality Manager for the City.

Two of Brad's articles were cited:
  • Can Administrative Regulations Interpret Rights Enforceable under Section 1983?: Why Chevron Deference Survives Sandoval and Gonzaga, 32 Fla. St. U. L. Rev. 843 (2005), in Nina A. Mendelson, Regulatory Beneficiaries and Informal Agency Policymaking, 92 Cornell L. Rev. 397 (2007).
  • Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Troy L. Payne, Cartesian Eco-femdarkanism: She Comes from the Earth, Therefore We Are, 37 Envtl. L. 202 (2007).

Profile of Professor Mank

Douglas Mossman

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

Doug published:
  • Critique of Pure Risk Assessment or, Kant Meets Tarasoff, 75 U. Cin. L. Rev. 523 (2006) (symposium).
  • Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Academy of Psych. & L. 34 (2007), which provoked favorable commentary in Gregory B. Leong, Commentary: Restorability of Incompetence to Stand Trial-Implications Beyond Predictive Equations, 35 J. Am. Academy of Psych. & L. 44 (2007).
  • Lessons from Va. Tech: Focus on Treatment, Cincinnati Enquirer, Apr. 29, 2007.

Doug delivered introductory remarks, Significance of Research on the Human Genome, at the Glenn M. Weaver Institute of Law and Psychiatry symposium, Law, Ethics, Psychiatry, and the Human Genome Project.

Two of Doug's articles were cited:
  • Is Prosecution "Medically Appropriate"?, 31 New Eng. J. on Crim. & Civ. Confinement 15 (2005), in Jamie Mickelson, "Unspeakable Justice": The Oswaldo Martinez Case and the Failure of the Legal System to Adequately Provide for Incompetent Defendants, 48 Wm. & Mary L. Rev. 2075 (2007).
  • The Psychiatrist and Execution Competency: Fording Murky Ethical Waters, 43 Case W. Res. L. Rev. 1 (1992), in Scott W. Howe, Furman's Mythical Mandate, 40 U. Mich. J.L. Reform 435 (2007).

Doug was quoted in Disturbing Writing, or First Hint of Killer-to-Be?, Cincinnati Enquirer, Apr. 22, 2007, at 1A.

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

Rachel Jay Smith

Rachel Jay Smith
Legal Research & Writing Professor

Rachel won the 2007 Goldman Prize for Excellence in Law Teaching.

Profile of Professor Smith

Michael E. Solimine

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

Michael was a contributor to, and signatory of an, Amicus Curiae brief of law professors in the U.S. Supreme Court case of Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85, argued on April 16, 2007. The case involves, among other things, the right to appeal a U.S. District Court decision remanding a case to state court. Other signatories include his UC colleague Adam Steinman and Harvard Law School professor Arthur Miller, the first Stanley M. Chesley Distinguished Visiting Professor at the College of Law in the Spring 2007 semester.

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 2006: Twentieth Annual Survey, 54 Am. J. Comp. L. 697 (2006).
  • 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 F. Herr, Annotated Manual For Complex Litigation, (Thomson-West, 4th ed., 2006).
  • An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Richard A. Posner, Economic Analysis of Law (7th ed. 2007).
  • The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005); Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991); and Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in John F. Preis, Reassessing the Purposes of Federal Question Jurisdiction, 42 Wake Forest L. Rev. 247 (2007).
  • Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Paul G. Ulrich & Sidley, Austin, Brown & Wood, Federal Appellate Practice Guide 9th Circuit (Lawyers Coop., 2nd ed., 2007 Supp.).
  • The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temp. L. Rev. 425 (1992) (with James L. Walker), in Edward A. Fitzgerald, Dysfunctional Downlisting Defeated: Defenders of Wildlife v. Secretary, U.S. Department of the Interior, 34 B.C. Envtl. Aff. L. Rev. 37 (2007).
  • Rethinking Feminist Judging, 70 Ind. L.J. 891 (1995) (with Susan E. Wheatley), in Madhavi McCall & Michael A. McCall, How Far Does the Gender Gap Exceed? Decision Making in State Supreme Courts in Fourth Amendment Cases, 1980-2000, 44 Social Science J. 67 (2007).
  • Shoring up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 B.U. L. Rev. 85 (1988) (with Richard Saphire), in Caleb Nelson, Adjudication in the Political Branches, 107 Colum. L. Rev. 559 (2007).
  • The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely), in Stephen L. Wasby & Jolly A. Emrey, Review Section, 28 Just. Sys. J. 117 (2007).
Adam N. Steinman

Adam N. Steinman
Assistant Professor of Law

Adam won the 2007 Goldman Prize for Excellence in Law Teaching.

His article, Reinventing Appellate Jurisdiction, was accepted for publication in the Boston College Law Review. The article was featured on several popular law blogs:
  • Civil Procedure Prof Blog
  • How Appealing
  • Legal Theory Blog, in which Lawrence Solum (Illinois) praised the article as "Recommended & (if I may say so), sensible."
Adam was interviewed on Civil Procedure Prof Blog. Two of Adam's articles were cited:
  • 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), in A. Benjamin Spencer, Civil Procedure: A Contemporary Approach (Thomson-West 2007).
  • The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & lee L. Rev. 81 (2006), was cited in Suja Thomas, Why Summary Judgment Is Unconstitutional, 93 Va. L. Rev. 139 (2007).

Adam was a contributor to, and signatory of, an Amicus Curiae brief of law professors in the U.S. Supreme Court case of Powerex Corp. v. Reliant Energy Services, Inc., No. 05-85, argued on April 16, 2007. The case involves, among other things, the right to appeal a U.S. District Court decision remanding a case to state court. Other signatories include his UC colleague Michael Solimine and Harvard Law School professor Arthur Miller, the first Stanley M. Chesley Distinguished Visiting Professor at the College of Law in the Spring 2007 semester.

Adam submitted a wonderful rap video entry in TurboTax's Tax Rap Contest.

Profile of Professor Steinman

Suja Thomas

Suja Thomas
Professor of Law

Suja's article Why Summary Judgment is Unconstitutional, 93 Va. L. Rev. 139 (2007), was discussed in an article in the April 30 New York Times, Cases Keep Flowing In But the Jury Pool is Idle, by Adam Liptak.

Suja presented The PSLRA's Seventh Amendment Problem at Ohio State. Doug Berman (Ohio State) praised Suja's "terrific faculty workshop" and discussed both articles on Sentencing Law and Policy. Christine Hurt (Illinois) also discussed these articles on Conglomerate.

Suja's articles, Why Summary Judgment is Unconstitutional and Re-examining the Constitutionality of Remittitur Under the Seventh Amendment, 64 Ohio St. L.J. 731 (2003), were cited in Richard H. Field, Benjamin Kaplan & Kevin M. Clermont, Civil Procedure: Materials for a Basic Course, and in A. Benjamin Spencer, Civil Procedure: A Contemporary Approach.

The AALS selected Suja's proposal for an Open Source program on Implementing Scholarship for the January 2008 annual meeting. Joining Suja on the program will be Jack Chin (Arizona), Paul Giannelli (Case Western), Harold Koh (Yale), and Deborah Rhode (Stanford).

Suja was interviewed on Civil Procedure Prof Blog. Her paper, The PSLRA's Seventh Amendment Problem, is one of the Top Ten Most Downloaded Papers over the past sixty days from the SSRN Journal of Litigation.

Profile of Professor Thomas

Joseph P. Tomain

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

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).

Profile of Professor Tomain

Verna L. Williams

Verna L. Williams
Professor of Law

Verna presented Title IX and Social Justice as part of a panel discussion on Title IX and Sexual Harassment/Sexual Assault at the Changing Social Norms? Title IX and Legal Activism Conference sponsored by the Harvard Journal of Law and Gender.

Verna presented Title IX and Gender Norms as part of a panel discussion on Sticky Cultural Norms: The Transformative Potential of the Title IX sponsored by the Hofstra Institute for the Study of Gender, Law and Policy.

Profile of Professor Williams

Ingrid Brunk Wuerth

Ingrid Brunk Wuerth
Professor of Law

Two of Ingrid's articles were cited:
  • Authorizations for the Use of Force, International Law, and the Charming Betsy Canon, 46 B.C. L. Rev. 293 (2005), in Stephen Townley, The Use and Misuse of Secret Evidence in Immigration Cases: A Comparative Study of the United States, Canada, and the United Kingdom, 32 Yale J. Int'l L. 219 (2007).
  • The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, 98 Nw. U. L. Rev. 1567 (2004), in David Sloss, Judicial Deference to Executive Branch Treaty Interpretations: A Historical Perspective, 62 N.Y.U. Ann. Surv. Am. L. 497 (2007).

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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