Faculty News: January 2009

Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice

Marjorie’s Center for Practice presented three CLE workshops:

• Dealing With the Difficult: On Emotion and Psychology for Client Counseling and Negotiating
• Lawyers Present…..So Present Well!
• Great on Your Feet and In the Moment: How to Listen, Think, and Speak to the Unexpected

Profile of Professor Aaron

Lin (Lynn) Bai
Assistant Professor of Law

Lynn’s article, Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses (with James D. Cox (Duke) & Randall S. Thomas (Vanderbilt)), was accepted for publication in the Wisconsin Law Review. Her article, There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vand. L. Rev. 350 (2008) (with James D. Cox (Duke) & Randall S. Thomas (Vanderbilt)), was cited in Elizabeth Chamblee Burch, Securities Class Actions as Pragmatic Ex Post Regulation, 43 Ga. L. Rev. 63 (2008).

Profile of Professor Bai

Louis D. Bilionis
Dean and Nippert Professor of Law

Two of Lou’s articles were cited:

• Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Rinat Kitai-Sangero, From Murder to Eating French Fries in a Metro Station—The Defendant's Right to a Jury Trial for All Types of Offenses, 30 Whittier L. Rev. 5 (2008).
• Legitimating Death, 91 Mich. L. Rev. 1643 (1993), in Douglas Berman, A Capital Waste of Time? Examining the Supreme Court's “Culture of Death,” 34 Ohio N.U. L. Rev. 861 (2008).

Lou was quoted in Minorities, Poor, Lag in Law Schools, The News Record, Nov. 25, 2008.

Profile of Dean Bilionis

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

Barbara was appointed to the Executive Committee of the AALS Section on Securities Regulation. Two of Barbara’s articles were cited:

• Perceptions of Fairness of Securities Arbitration: An Empirical Study, in Justin Kelly, Study Shows Mixed Views on Fairness of Securities Arbitration, 63 Disp. Resol. J. 9 (Oct 2008).
• Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Verity Winship, Fair Funds and the SEC's Compensation of Injured Investors, 60 Fla. L. Rev. 1103 (2008).

Profile of Professor Black

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 Death Penalty Stories, by John H. Blume (Cornell) & Jordan Steiker (Texas).

The Graduate Tax Series of LexisNexis, for which Paul serves as Series Editor, published U.S. International Taxation, by Allison Christians (Wisconsin), Samuel Donaldson (Washington) & Philip Postlewaite (Northwestern).

Paul launched a new blog as part of his Law Professor Blogs Network: Constitutional Law Prof Blog, by Steven Schwinn (John Marshall), Ruthann Robson (CUNY) & Nareissa L. Smith (Florida Coastal).

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

• 5 issues of Tax Law & Policy (vol. 9, nos. 40-44).
• 1 issue of Practitioner Series (vol. 8, nos. 24).
• 1 issue of International & Comparative Tax (vol. 8, no. 26).

Two of Paul’s publications were cited:

• Tax Stories (Foundation Press, 2003), in Sergio Pareja, Taxation without Liquidation: Rethinking "Ability to Pay", 2008 Wis. L. Rev. 841 (2008).
• What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely (Missouri-Columbia)), in David G. Epstein, A Surprising Book, 12 Green Bag 2d 103 (2008).

Paul was quoted in:

• Clinton Writes Off $13.2 Million Loan to Campaign, Bloomberg News, Dec. 22, 2008.
• Tall People Are Richer Because They Are Smarter, The Atlantic, Dec. 29, 2008.

Profile of Professor Caron

Jacob Katz Cogan
Assistant Professor of Law

Jacob’s article, The Look Within: Property, Capacity, and Suffrage in Nineteenth-Century America, 107 Yale L.J. 473 (1997), was cited in Jason Wisecup, Resident Alien Voting Rights in a Postmodern World, 27 Chicana/o-Latina/o L. Rev. 149 (2008).

Profile of Professor Cogan

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

Mark’s article, Going Home to Stay: A Review of Collateral Consequences of Conviction, Post-Incarceration Employment, and Recidivism in Ohio, 36 U. Tol. L. Rev. 525 (2005) (with Marlaina Freisthler), was cited in Susan Pace Hamill, An Argument for Providing Drug Courts in All Alabama Counties Based on Judeo-Christian Ethics, 59 Ala. L. Rev. 1305 (2008). He was quoted in Down by Law: Facts Aren’t Always Enough to Prove a Man’s Innocence, CityBeat, Dec. 17, 2008.

Profile of Professor Godsey

Emily Houh
Gustavus Henry Wald Professor of Law and Contracts

Emily’s article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Keith Aoki, An Assessment of LatCrit Theory Ten Years After, 83 Ind. L.J. 1151 (2008).

Profile of Professor Houh

Ann Hubbard
Professor of Law

Two of Ann’s articles were cited:

• Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), in Michael Ashley Stein & Janet E. Lord, Jacobus Tenbroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, 13 Tex. J. on C.L. & C.R. 167 (2008).
• A Military-Civilian Coalition for Disability Rights, 75 Miss. L.J. 975 (2006), in Peter Blanck, “The Right to Live in the World”: Disability Yesterday, Today, and Tomorrow, 13 Tex. J. on C.L. & C.R. 367 (2008).

Profile of Professor Hubbard

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

Bert’s article, The United Nations Charter and United States Civil Rights Litigation, 1946-1955, 69 Iowa L. Rev. 901 (1984), was cited in Cynthia Soohoo, Close to Home: Social Justice Activism and Human Rights, 40 Colum. Hum. Rts. L. Rev. 7 (2008).

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

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

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 Thane Rehn, RICO and the Commerce Clause: A Reconsideration of the Scope of Federal Criminal Law, 108 Colum. L. Rev. 1991 (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 Brannon P. Denning, Reconstructing the Dormant Commerce Clause Doctrine, 50 Wm. & Mary L. Rev. 417 (2008).
• Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts v. EPA’s New Standing Test for States, 49 Wm. & Mary L. Rev. 1701 (2008), in North Carolina v. Tennessee Valley Authority, No.1:06-cv-00020-LHT (W.D. North Carolina, Jan. 13, 2009).
• Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. ___ (2009), in Kimberly N. Brown, Justiciable Generalized Grievances, 68 Md. L. Rev. 221 (2008).

Profile of Professor Mank

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

Douglas made the following presentations:

• Dangerousness Decisions: Does Possible Violence Justify Involuntary Confinement?, Grand Rounds, Department of Psychiatry, University of Alabama.
• Managing Attorney Stress with Pharmaceuticals: Is This What You Signed Up for When You Went to Law School?, National Business Institute CLE Seminar, Dayton, OH
• Managing Attorney Stress with Pharmaceuticals: Is This What You Signed Up for When You Went to Law School?, National Business Institute CLE Seminar, Cincinnati, OH

Several of Douglas’s articles were cited:

• Assessing Predictions of Violence—Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Tim Brennan, William Dieterich, & Beate Ehret, Evaluating the Predictive Validity of the Compas Risk and Needs Assessment System, 36 Crim. Just.& Behav. 21 (2009).
• Assessing Predictions of Violence—Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), and ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Sarah M. Manchak, Jennifer Lynne Skeem, & Kevin S. Douglas, Utility of the Revised Level of Service Inventory (LSI-R), in Predicting Recidivism after Long-Term Incarceration, 32 L. & Hum. Behavior 477 (2008).
• Daubert, Cognitive Malingering, and Test Accuracy, 27 L. & Hum. Behavior 229 (2003), in Kellie Batt, E. Arthur Shores, & Eugene Chekaluk, The Effect of Distraction on the Word Memory Test and Test of Memory Malingering Performance in Patients with a Severe Brain Injury, 14 J. of the Int’l Neuropsychological Soc’y 1074 (2008).
• Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Xin He, Xiyun Song, & Eric C. Frey, Application of Three-Class ROC Analysis to Task-Based Image Quality Assessment of Simultaneous Dual-Isotope Myocardial Perfusion SPECT, 27 IEEE Transactions on Medical Imaging 1556 (Sp. Iss. SI Nov. 2008).

Profile of Professor Mossman

Nancy Oliver
Interim Associate Dean for Curriculum and Student Affairs
and Professor of Legal Research and Writing

Nancy was quoted in Infection Rate Reporting Plan Faces Opposition, Cleveland Plain Dealer, Dec. 16, 2008, at E1.

Profile of Associate Dean Oliver

Ronna Greff Schneider
Professor of Law

Ronna’s book, Education Law Stories, (Foundation Press, 2008) (with Michael A. Olivas), was reviewed in Fernand N. Dutile, Bringing Cases to Life: Education Law Stories, 35 J.C. & U.L. 131 (2008). The book also was cited in Laura Rothstein, Strategic Advocacy in Fulfilling the Goals of Disability Policy: Is the Only Question How Full the Glass Is?, 13 Tex. J. on C.L. & C.R. 403 (2008).

Profile of Professor Schneider

Michael E. Solimine
Donald P. Klekamp Professor of Law

Michael published:

• Anderson's Ohio Civil Rules Practice with Forms (LexisNexis, 2009 ed.) (with John W. McCormac).
• Congress, Ex Parte Young, and the Fate of the Three-Judge District Court, 70 U. Pitt. L. Rev. 101 (2008).

Michael joined as a signatory in an amicus curiae brief of law professors filed in the case of In re National Security Agency Telecommunications Records Litigation (N.D. Cal.), concerning the constitutionality of 2008 amendments to the Foreign Intelligence Surveillance Act.

Several of Michael’s publications were cited:

• Competitive Federalism and Interstate Recognition of Marriage, 32 Creighton L. Rev. 83 (1998), in Marc R. Poirier, The Cultural Property Claim within the Same-sex Marriage Controversy, 17 Colum. J. Gender & L. 343 (2008).
• An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Aaron E. Hankel, On the Road to the Merits in Our Federal System: Is the "Forum Defendant Rule" a Procedural Speed Bump or a Jurisdictional Road Block?, 28 Wash. U. J.L. & Pol'y 427 (2008); and Karen Knop, et al., Transdisciplinary Conflict of Laws, 71 Law & Contemp. Prob. 1 (2008).
• Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in Georgios I. Zekos, Maritime Arbitration and the Rule of Law, 39 J. Mar. L. & Com. 523 (2008).
• Rethinking Feminist Judging, 70 Ind. L.J. 891 (1995) (with Susan E. Wheatley), in Julie Graves Krishnaswami, Justice Sandra Day O'Connor: A Selected Annotated Bibliography, 57 Cath. U. L. Rev. 1099 (2008).
• Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Kevin Clermont, Principles of Civil Procedure (Thomson/West, 2d ed. 2009).
• Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in the Honorable Edwin H. Stern, Frustrations of an Intermediate Appellate Judge (And the Benefits of Being One in New Jersey) 60 Rutgers L. Rev. 971 (2008); and Aaron-Andrew P. Bruhl, The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law, 83 N.Y.U. L. Rev. 1420 (2008).

Profile of Professor Solimine

Adam Steinman
Associate Professor of Law

Adam published What is the Erie Doctrine? (And What Does It Mean for the Contemporary Politics of Judicial Federalism?), 84 Notre Dame L. Rev. 245 (2008). His article, The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 144 (2006), was cited in Lonny S. Hoffman, Burn up the Chaff with Unquenchable Fire: What Two Doctrinal Intersections Can Teach Us about Judicial Power over Pleadings, 88 B.U.L. Rev. 1217 (2008).

Profile of Professor Steinman

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

Joe presented Law and the Humanities: The Conflict Between Man’s Law and Higher Law at The Lawyers' Club of Cincinnati Holiday CLE Party at the Phoenix.

Profile of Dean Tomain

Verna Williams
Professor of Law

Verna attended her first meeting of the Ms. Foundation board, of which she is a new member.

Profile of Professor Williams

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