Professor Janet Moore was acknowledged as being in the top 10% of Authors on SSRN by total new downloads within the last 12 months
Professors and OIP Attorneys Donald Caster and Brian Howe's article, "Taking a Mulligan: The Special Challenges of Narrative Creation in the Post-Conviction Context" was published in print in 76 Md. L. Rev. 770 (2017).
Michael Solimine Awarded 2017 Provost Faculty Career Award
Cincinnati, OH—In a career spanning three decades, Michael E. Solimine, JD, has built a firm career defined by a constant devotion to teaching, research and serving the academic and professional communities.
Over the course of his career he has developed a remarkable reputation as a researcher in the field of law, earning the distinction of being one of the most cited civil procedure professors in the United States for the last half decade. His work has seen publication across more than 70 law review articles, book chapters and book reviews.
His scholarship has been influential in the nation’s courts, with his works having been cited by Associate Justice Ruth Bader Ginsburg for a Supreme Court of the United States case. As a prominent figure in the College of Law, his colleagues and students have taken note of his constant professionalism, kindness and his role as a champion for the college’s core values of collegiality, due process and transparency.
Holding the title of Donald P. Klekamp Professor of Law, he has been known to his students as a professor who can translate “legalese into English” as he has transformed seemingly abstract concepts into comprehensible lessons.
He has served as a valuable mentor for the legal professionals under his tutelage, with his immense knowledge of all forms of federal courts and civil procedure making him an invaluable research source for his many students. In addition to his research and teaching service, he has shown a strong commitment to serving his community, helping newer faculty members as a key figure on the RPT committee and multiple decanal review boards and appearing as a consistent staple of the Faculty Senate.
Congratulations to Professor Michael Solimine!
Professors Mank and Lenhart Receive 2017 Award for Faculty Excellence
Cincinnati, OH—Professors Brad Mank and Elizabeth Lenhart received the university-level Award for Faculty Excellence. This award is given by the Office of the Provost and the Office of the Vice President for Research.
Professor Brad Mank, the Associate Dean for Academic Affairs and the James B. Helmer Professor of Law, is recognized for his service and scholarship contributions to the College of Law. During the last few years, he has published, or had accepted for publication, numerous articles and essays, including articles in the Notre Dame Law Review and the University of Pennsylvania Journal of Constitutional Law. While maintaining an active scholarly agenda, Professor Mank has chaired the Academic Policy and Curriculum (APC) Committee over several years of significant work, has served as the Associate Dean for Academic Affairs, and served as co-chair of the site visit committee. Each of these service activities has required significant additional responsibility.
Additionally, Professor Mank is a highly regarded teacher in the areas of administrative, natural resources, and environmental law. And he serves as an advisor to the Immigration and Nationality Law Review (INLR), an internationally recognized, student-run law journal.
Professor Elizabeth Lenhart is recognized for her service and teaching contributions to the College of Law. Professor Lenhart brings significant practical experience with oral arguments, motion practice, and other professional skills to the classes she teaches. Prior to joining the College of Law faculty, she was a senior associate at Frost Brown Todd, focusing on complex business litigation, including all aspects of antitrust, business torts, unfair competition, shareholder derivative suites, and class action litigation. She was named an Ohio Super Lawyer Rising Star 2009 for commercial litigation.
Professor Lenhart is a gifted teacher, having received the College of Law’s Goldman Prize for Excellence in Teaching three times (in 2011, 2014, and 2016). In addition to her consistent high level of service to the College of Law, Professor Lenhart undertook a significant service project this year. She research and then drafted a report titled “Legal Research at the University of Cincinnati, College of Law; An Informal Report Based on Conversations with Practitioners and Students about What We’re Doing Right – and What We Can Do Even Better.” Her report was based on discussions with law students and members of the Cincinnati Bar about the research skills necessary to be a successful lawyer. As technology and the legal research landscape continue to evolve, her report and continuing research into methodologies of legal research will contribute to the College of Law’s ongoing evaluation of its learning outcomes in the area of legal research.
About the Award for Faculty Excellence
The Award for Faculty Excellence is intended to annually recognize outstanding faculty members in each college who represent excellence in all its forms. These awards are for those individuals nominated by their dean in recognition for exceptional performance in their college or department during the past year. They may have done an outstanding job of service in an especially significant fashion; perhaps their research has received special recognition; or their teaching has been especially innovative or important in meeting new milestones or changing the department or college culture. It is important that the nominee embody the Principles of a Just Community in practice through civility, honor, inclusion, integrity, or the promotion of justice.
Professor Solimine Receives University’s Excellence Award for Research Mentoring
Professor Michael Solimine receives the university-level Excellence Award for Faculty-to-Faculty Research Mentoring, a new award given by the Office of the Provost and the Office of the Vice President for Research.
The Excellence Award for Faculty-to-Faculty Research Mentoring is intended to annually recognize outstanding faculty members in each college who have demonstrated research mentorship with faculty at various stages of their careers. Research mentorship may come in various forms, with the understanding that many times mentorship is discipline-specific, and these various forms of mentorship will be considered equally. The award decision will be made at the dean’s discretion based on criteria that include demonstrable mentoring activities that support the development and success of peer faculty in clinical, translational, or basic science research.
This award is meant to recognize faculty contributions to their respective colleges, to the UC research enterprise, and to recognize the mentoring and support of emerging research faculty.
Professor Solimine has taught at the College of Law since 1986, received tenure in 1991, and since 1994 has served as the Donald P. Klekamp Professor of Law. He has demonstrably achieved excellence in research, teaching and service throughout that period.
With regard to research, Professor Solimine is nationally and internationally recognized as one of the leading scholars in the American civil litigation systems, including civil procedure, federal courts, conflict of laws, as well as election law. His scholarly work consists of six books (a monograph on federal courts (Greenwood Press), a casebook on appellate practice (West Publishing), two casebooks on election law (Carolina Academic Press), and two books for judges and lawyers on civil practice in Ohio courts (LexisNexis), and over 60 substantial articles, as well as numerous book reviews and shorter essays. His articles have been published in both peer-reviewed journals (e.g., Journal of Legal Studies, Supreme Court Economic Review) and in the law reviews of the top-ranked law schools in the United States (e.g., Michigan Law Review; Wisconsin Law Review; North Carolina Law Review; Ohio State Law Journal; Cornell International Law Journal; Harvard Journal of Law and Public Policy). He has been invited to participate in and has published in 20 symposia, delivered scholarly papers at annual meetings of the Association of American Law Schools, and the Midwest Political Science Association, and by invitation contributed essays to academic blogs.
Professor Solimine has received four separate recognition awards from the College of Law for his scholarship. This spring he will receive the university’s Faculty Career Award. The distinguished character of his work is reflected in the numerous times his work has been cited and discussed in other books and articles. His work has been cited and discussed in over 2000 books and articles. Also, his work has been cited in the decisions of numerous federal court decisions (including the U.S. Supreme Court), and by the state supreme courts of Ohio and Iowa.
Professor Solimine has made frequent mentoring contributions. At the College of Law he has often served as chair of the RPT Committee, which plays an important role in mentoring faculty. Professor Solimine consistently reads and comments on works in progress of his colleagues, often providing critical input on articles and books. He also regularly assists colleagues at the College by providing them research and other materials relevant to their work.
Congratulations to Professor Solimine who truly demonstrates an ongoing commitment to research mentoring.
Dean Emeritus Tomain Publishes Book Examining Clean Energy Policies
The United States has been experiencing an energy transition for over four decades, and now - thanks to the Clean Power Plan of the Obama Administration and the Paris climate agreement - a clean energy future is moving closer to reality. In Clean Power Politics, Joseph Tomain describes how clean energy policies have been developed and, more importantly, what's necessary for a successful transition to a clean energy future, including technological innovation, new business models, and regulatory reforms.
The energy system of the future will minimize the environmental costs of traditional energy production and consumption, and emphasize expanded use of natural resources and energy efficiency. Because many new energy technologies can be produced and consumed at smaller scales, they will shift decision-making power away from traditional utilities and empower consumers to make energy choices about consumption and price. In this way, a clean energy future embodies a democratization of energy.
Joseph P. Tomain is Dean Emeritus and the Wilbert & Helen Ziegler Professor of Law at the University of Cincinnati College of Law. Dean Tomain's research and teaching interests have focused on Energy Law, Land Use, Government Regulation, and Contracts. Dean Tomain received his J.D. from George Washington University National Law Center and his A.B. from the University of Notre Dame.
Buy the book from Cambridge University Press or Amazon (available in hardcover and Kindle).
Also read Ending Dirty Energy Policy: Prelude to Climate Change, by Joseph P. Tomain.
Read "Clean Energy and the Myth of Free Markets," by Joseph P. Tomain, January 2, 2017, in The Cincinnati Enquirer.
Read "Gorsuch Must Show Commitment to a Democratic America," by Joseph P. Tomain, February 22, 2017, in The Cincinnati Enquirer.
Dean Bard Teaches Short Course on Human Subject Research
During the first week of January, Dean Bard co-taught a week long course in human subject research with long-time adjunct and Dinsmore & Shohl partner, Dr. Frank Woodside, a first in short course history. Eight students participated in the class.
The course included lively discussion of the legal and ethical issues that govern research either funded by the federal government or intended to prove the safety & efficacy of new prescription drugs or devices. The students also enjoyed presentations from the Vice President for Research’s Office, including Dr. Jane Strasser, Associate Vice President for Research and Comparative Medicine at the University of Cincinnati, Mike Linke (the chair of the University of Cincinnati’s Institutional Review Board), Angela Braggs-Brown (the director of the Office of Human Subject Research) and Holly Bante, Director, Conflict of Interest & Asst. Professor, College of Medicine. Click here for more pictures from the class.
“It was a fun and energizing way to start the semester. Human Subject Research regulation has been one of my primary areas of scholarship.” It presents complex regulatory issues that are relevant to any program that gets federal funding but it also has interesting ethical issues about how much risk individuals should be allowed to take. Research compliance is also a growth area in terms of hiring lawyers so I wanted to introduce students to something that would open new career doors for them.”
Said Dr. Woodside “I appreciate that I was asked to participate; learned a great deal; enjoyed the interaction with the students.”
Angela Braggs-Brown is the Director of UC’s Human Research Protection Program (HRPP), she is also a member of the UC IRB. She has been involved with FDA regulated research in addition to social behavioral and policy research over the last 15 years. Ms. Braggs-Brown is Regulatory Affairs Certified (RAC) as well as a Certified IRB Professional (CIP).
Dr. Mike Linke has served on the University of Cincinnati IRB for over 20 years and was appointed Chair in 2004. Dr. Linke is a Health Science Officer at the Cincinnati VA Medical Center and an Associate Professor at the UC College of Medicine. In 2012, under his leadership the UC IRB Social and Behavioral IRB merged with the Medical IRB to form a single IRB that reviews all human subjects research conducted at UC. He now serves as Chair of the combined board. He led the formation of the National Institutes of Health StrokeNet Central IRB and serves as Chair of the Central IRB. StrokeNet is funded by the NIH to conduct clinical trials for stroke prevention, treatment, and recovery. UC serves as the National Clinical Coordinating Center and the network consists of 25 Regional Coordinating Centers with over 300 clinical sites. Awarded the Greater Cincinnati Health Council’s first ever Servant Leadership Award for his efforts in creating and leading the Consortium of Greater Cincinnati IRBs He also serves in various roles in the VA human subjects protection program and has been actively involved in the human subjects research accreditation processes at UC and the VA.
Jane Strasser is the Associate Vice President for Research and Comparative Medicine at UC. As UC’s Institutional Official she is responsible for ensuring that the Human Research Protection Program is supported and compliant. As the Research Integrity Officer she is responsible for investigating allegations of research misconduct and protecting the integrity of the research record. Dr. Strasser is an Associate Professor of Pediatric Infectious Diseases and the Director of the Office of Research Integrity.
Professor Sandra Sperino’s Work Cited by Third Circuit, Creates Circuit Split
A decision out of the Third Circuit has created a circuit split with three other circuits. On January 10, 2017, the Third Circuit issued an opinion in Karlo v. Pittsburg Glass Works, LLC, No. 15-3435. The Third Circuit held that subgroup claims are allowed in ADEA disparate impact cases, creating a circuit split on the issue. A subgroup claim is when a group of workers tries to establish disparate impact by proving that a subset of older workers were disparately impacted by a decision. For example, in a reduction in force, the employees might argue that workers 50 and older were impacted by the reduction in force compared to workers younger than 50. Read the complete blog posting and Professor Sperino’s article The Sky Remains Intact: Why Allowing Subgroup Evidence is Consistent with the Age Discrimination in Employment Act, 90 Marq. L. Rev. 227 (2006).
Read: Friend of the Court
Professor Brad Mank Named Associate Dean of Academic Affairs
Cincinnati Law Dean Jennifer S. Bard announces the following leadership change: Professor Brad Mank has accepted the position of Associate Dean of Academic Affairs at the college. He will assume this role over the summer. After eight years in the position, Professor Nancy Oliver will return to teaching.
“I look forward to improving our curriculum and to helping communicate about the great programs we already have,” says Professor Mank. He is also excited for the opportunity to working closely with both students and faculty and continuing to teach. “My favorite part of teaching at UC is the small classes, and getting to know very intelligent students,” he shares.
Professor Mank, the James B. Helmer, Jr. Professor of Law, earned his undergraduate degree at Harvard University, graduating summa cum laude, and completed his juris doctor at Yale University, where he was also editor of the Yale Law Journal. After graduating, he clerked for Justice David M. Shea of the Connecticut Supreme Court. Before joining the Cincinnati Law faculty in 1991, Professor Mank served as an assistant attorney general for the State of Connecticut, and an associate with the law firm Murtha, Cullina, Richter, and Pinney in Hartford, Conn., with an emphasis on environmental law.
At the college, Professor Mank teaches and writes in the areas of environmental law and administrative law. A prolific scholar, he has authored many article and book chapters on environmental justice, regulatory reform, and statutory interpretation. His work is frequently cited by courts, by other scholars, and in the press. Locally, he has worked with the City of Cincinnati on numerous environmental ordinances and implementation matters, including issues such as climate change, environmental justice, recycling, and air pollution. And, he has served as chair of the Environmental Advisory Council.
Finally, Professor Mank is the recipient of numerous awards, including the Goldman Prize for Excellence in Teaching, the Harold C. Schott Scholarship Award, and the Dean’s Award for Faculty Excellence, among others.
Author: Michelle Flanagan, Cincinnati Law Communication Intern
Cincinnati Law’s Entrepreneurship Clinic Director Named U.S. Small Business Administration’s “Legal Champion” for 2016
Cincinnati, OH—Lew Goldfarb, the Director of Cincinnati Law’s Entrepreneurship and Community Development Clinic (ECDC), has been named the U.S. Small Business Administration’s “Legal Champion” of 2016 for the Columbus District. Goldfarb will be honored at the SBA’s annual banquet in Columbus, Ohio, on May 5, 2016.
Goldfarb came to Cincinnati Law to create and manage the school’s business clinic, launching ECDC in 2011. Since that time, it has become a coveted learning opportunity for law students and a vital resource for Cincinnati area businesses that cannot afford legal help. Over 120 students have received hands on training, representing 180 business—adding up to nearly $1,000,000 of free legal services to the local economy.
“I’m proud of what we’ve been able to accomplish in a little over five years,” says Goldfarb. “The significant impact of the ECDC can be attributed in large part to community involvement and collaboration, including involvement of local lawyers who graciously volunteer to supervise students and collaborations with local business accelerators and incubators like The Brandery, Mortar Cincinnati, Bad Girl Ventures, Hamilton County Business Center, and First Batch. By working together, we can make a big difference in this community”.
Regarding his designation as the SBA’s “Legal Champion”, Goldfarb says that he will accept the award on behalf of many people — “the many students who’ve staffed the clinic over the years; the volunteers who’ve assisted along the way; the ECDC’s office manager, Lori Strait, who oversees the day-to-day operations of the ECDC office; the community partners who trust us enough to work with them and their companies; and, importantly, the aspiring entrepreneurs in the Cincinnati area who are risking a lot to pursue their dreams and to make Cincinnati a better place for all of us.”