University of Cincinnati College of Law
Editors: Paul Caron
& Joe Hodnicki
August 2001

In this issue

Marianna Brown Bettman
Marianna spent most of August preparing for the dedication of the Judge Gilbert Bettman Memorial Fountain which will be given to the City of Cincinnati September 1 by the family and friends of Judge Bettman. Judge Bettman served as a judge for over 30 years and was widely known for his individualism, moral courage, and compassion.

Dorothy Brown
Dorothy began her stint as a Visiting Professor of Law at the Washington & Lee University School of Law for the Fall Semester.

Paul Caron
Paul completed his stint as a Visiting Professor of Law at the University of San Diego School of Law, and returned to Cincinnati, where he taught a section of the Introduction to Law course for incoming 1L students. He published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): five issues of Tax Law & Policy (vol. 2, nos 28-32) (co-edited with Joe Bankman); one issue of International & Comparative Tax (vol. 1, no. 7) (co-edited with Eric Zolt); and one issue of Practitioner Series (vol. 1, no. 7) (co-edited with Joe Bankman). His article, Tax Myopia, or Mamas Don't Let Your Babies Grow Up To Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), was cited in Edward A. Hartnett, Questioning Certiorari: Some Reflections Seventy-Five Years After the Judges' Bill, 100 Colum. L. Rev. 1643 (2000), and in Steven A. Bank, Codifying Judicial Doctrines: No Cure for Rules but More Rules?, 54 SMU L. Rev. 37 (2001).

Jack Chin
Jack completed his article, Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950 (with Karthikeyan), which is circulating among various law reviews. Jack's article, Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), was cited in Randall Kennedy, Racial Passing, 62 Ohio St. L.J. 1145 (2001).

Tom Eisele
Tom's article, Wittgenstein's Instructive Narratives: Leaving the Lessons Latent, 40 J. Legal Educ. 77 (1990), was cited in George P. Smith, A Tribute to Harry Pratter, 76 Ind. L.J. 937 (2001). His book chapter, "Our Real Need": Not Explanation, But Education, in Wittgenstein and Legal Theory 29 (Dennis M. Patterson ed., 1992), was cited in Darla L. Daniel, Of Deckchairs, Icebergs, and Gestalt Shifts: Unger, Kahn, and a Student on Contemporary Legal Thought, 72 U. Colo. L. Rev. 851 (2001). His article, The Poverty of Socratic Questioning: Asking and Answering in the Meno, 63 U. Cin. L. Rev. 221 (1994), was cited in Peter M. Cicchino, Love and the Socratic Method, 50 Am. U. L. Rev. 533 (2001).

Rafael Gely
Rafael completed his article, Spouses Need Not Apply: The Legality of Anti-Nepotism and No-Spouse Rules, which is circulating among various law reviews. He presented A New Regulatory Framework for Labor Law in the College of Law's Summer Scholarship Series. Rafael's article, "Let's Call It a Draw": Striker Replacements and the Mackay Doctrine, 58 Ohio St. L.J. 1003 (1997), was cited in Michael H. Leroy & John H. Johnson IV, Death By Lethal Injunction: National Emergency Strikes Under the Taft-Hartley Act and the Moribund Right to Strike, 43 Ariz. L. Rev. 63 (2001). His article, Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relation Decisions, 23 Rand J. Econ. 463 (1992), was cited in Lee Epstein et al., The Supreme Court as a Strategic National Policymaker, 50 Emory L.J. 583 (2001).

Peter Letsou
Peter began his stint as a Visiting Professor of Law at the University of Connecticut School of Law for the Fall Semester. His article, The Scope of Section 12(2) of the Securities Act of 1933: A Legal and Economic Analysis, 45 Emory L.J. 95 (1996), was cited in Eric Talley, Disclosure Norms, 149 U. Pa. L. Rev. 1955 (2001). His article, The Future of Legal Education: Some Reflections on Law School Specialty Tracks, 50 Case W. Res. L. Rev. 457 (1999), was cited in Benjamin Hoorn Barton, Why Do We Regulate Lawyers?: An Economic Analysis of the Justifications for Entry and Conduct Regulation, 33 Ariz. St. L.J. 429 (2001).

Bert Lockwood
Bert served as an official observer at the United Nations Conference on Racism in South Africa (along with Joe Tomain and U.S. Circuit Judge Nathanial Jones).

Betsy Malloy
Betsy served as faculty chair of the Orientation Committee, gave a welcoming speech to the incoming 1L class, and taught a section of the Introduction to Law course. She has agreed to serve on an advisory board with members of Xavier's nursing program to develop a new degree (tentatively called "Legal Nursing") providing legal training to nurses in the areas of patient rights, nursing home duties, hospital duties, and the legal responsibilities of Medicare/Medicaid and other health payors to nurses. Betsy also has agreed to serve on the Advisory Committee for Children's Hospital Maternal-Child Health Initiative, a collaborative effort of Children's Hospital, the Medical School, the Nursing School, and professors from a variety of disciplines to develop programming for children with developmental disabilities.

Brad Mank
Brad completed his article, Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, which is circulating among various law reviews. He taught a section of the Introduction to Law course for incoming 1L students. Brad's article, Protecting the Environment For Future Generations: A Proposal for a "Republican" Superagency, 5 N.Y.U. Envtl. L.J. 444 (1996), was cited in Elizabeth B. Cooper, Social Risk and the Transformation of Public Health Law: Lessons from the Plague Years, 86 Iowa L. Rev. 869 (2001). His article, Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Ky. L.J. 527 (1998), was cited in Adam A. Milani, Go Ahead. Make My 90 Days: Should Plaintiffs Be Required to Provide Notice to Defendants Before Filing Suit Under Title III of the Americans with Disabilities Act?, 2001 Wis. L. Rev. 107.



Donna Nagy
Donna's article, Judicial Reliance on Regulatory Interpretations in SEC No-Action Letters: Current Problems and a Proposed Framework, 83 Cornell L. Rev. 921 (1998), was cited in Thomas W. Joo, The Modern Corporation and Campaign Finance: Incorporating Corporate Governance Analysis Into First Amendment Jurisprudence, 79 Wash. U. L.Q. 1 (2001).

Sara Nelson
Sara's article, Practical Impact of Supreme Court Ruling on Author/Publisher Digital Use Concerns, was published in 17 Ent. L. & Fin. 1 (July 2001).

Jim O'Reilly
Jim's paper on US-EU policies on food safety prepared for University College, Cork Ireland, has been accepted for publication in The Bar Review of Dublin. He received a book contract for a new book on police discipline, which will be finished in November. Jim will be filing an amicus brief in the Federal Circuit on separation of powers issues for the Paralyzed Veterans of America.

Wendy Parker
Wendy's article, The Future of School Desegregation, 94 Nw. U. L. Rev. 1157 (2000), was cited in Neal Devins, Social Meaning and School Vouchers, 42 Wm. & Mary L. Rev. 919 (2001) ("Wendy Parker convincingly demonstrates that most 'school desegregation litigation continues, with no hint of impending termination.'"). Her article, The Supreme Court and Public Law Remedies: A Tale of Two Kansas Cities, 50 Hastings L.J. 475 (1999), was cited in James E. Ryan, The Supreme Court and Public Schools, 86 Va. L. Rev. 1335 (2000).

Michael Solimine
Michael's book, Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood Press, 1999) (with Walker), was favorably reviewed by Sarah R. Sandberg in 33 Urb. Law. 215 (2001). He may have set a record, as *four* of his articles were cited in Erin A. O'Hara & Larry E. Ribstein, From Politics to Efficiency in Choice of Law, 67 U. Chi. L. Rev. 1151 (2000). His articles also were cited in the following books and journals: Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with Landes & Lessig), in Richard A. Posner, Frontiers of Legal Theory (Harvard Univ. Press 2001), Mita Bhattacharya & Russell Smyth, The Determinants of Judicial Prestige and Influence: Some Empirical Evidence from the High Court of Australia, 30 J. Legal Stud. 223 (2001), and Tracey E. George, Court Fixing, 43 Ariz. L. Rev. 9 (2001); 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 Hines), in Graham C. Lilly, The Decline of the American Jury, 72 U. Colo. L. Rev. 53 (2001), Jill Fisch, Aggregation, Auctions, and Other Developments in the Selection of Lead Counsel Under the PSLRA, 64 Law & Contemp. Prob. 53 (2001), and the 2001 Annual Supplement to Hart & Wechsler's The Federal Courts and the Federal System (Foundation Press, 4th ed. 1996); Rethinking Feminist Judging, 70 Ind. L.J. 891 (1995) (with Wheatley), in Tracey E. George, Court Fixing, 43 Ariz. L. Rev. 9 (2001); Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Craig Allen Nard, Process Considerations in the Age of Markman and Mantras, 2001 U. Ill. L. Rev. 355; Competitive Federalism and Interstate Recognition of Marriage, 32 Creighton L. Rev. 83 (1998), in F. H. Buckley & Larry E. Ribstein, Calling a Truce in the Marriage Wars, 2001 U. Ill. L. Rev. 561; and The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), in Michael J. Edney, Comment, Preclusive Abstention: Issue Preclusion and Jurisdictional Dismissals After Ruhrgas, 68 U. Chi. L. Rev. 193 (2001).

Michael's influence extended to the courts as well, as his article, The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with Walker), was cited in United States v. Enas, 255 F.2d 662 (9th Cir. 2001) (en banc). He also reviewed a submission to the Election Law Journal, a new peer-reviewed publication, at the invitation of the editors.

Suja Thomas
Suja presented The Reduction of Jury Verdicts in the College of Law's Summer Scholarship Series.

Michael Van Alstine
Michael began his stint as a Visiting Professor of Law at the University of Maryland School of Law for the 2001-2002 academic year. In related news, an August 24 story in the New York Times reports a 56% increase in the entering first year class at Maryland. Michael's article, Of Textualism, Party Autonomy, and Good Faith, 40 Wm. & Mary L. Rev. 1223 (1999), was quoted in Precision Pine & Timber, Inc., v. United States, 2001 WL 862680 (Fed.Cl. July 30, 2001).

Glen Weissenberger
Glen published the 2002 editions of Evidence Courtroom Manuals for Kentucky (with Richard Underwood), New Jersey, New York, and Tennessee (with Susan Kaye). He and Barbara McFarland recently published the third edition of The Law of Premises Liability (the prior editions of which were authored by Joseph Page). Glen's article, The Supreme Court and the Interpretation of the Federal Rules of Evidence, 53 Ohio St. L.J. 1307 (1992), was cited in Stephen A. Saltzburg, et al., Keeping the Reformist Spirit Alive in Evidence Law, 149 U. Pa. L. Rev. 1277 (2001). His article, Hearsay: Business Records and Public Records, 51 U. Cin. L. Rev. 42 (1982), was cited in Michael D. Moberly, The Admissibility of EEOC and Arizona Civil Rights Division Determinations in State Court Employment Discrimination Litigation, 33 Ariz. St. L.J. 265 (2001). Glen's treatise, Federal Rules of Evidence (Anderson, 1998-99 ed.), was quoted in Chao v. Moore, 2001 WL 743204 (D.Md. June 15, 2001).

Verna Williams
Verna's work on behalf of the National Women's Law Center was cited in two symposium contributions in Sexual Harassment in Public Schools, 12 Hastings Women's L.J. 123 (2001).

Ingrid Wuerth
Ingrid presented Executive Agreements Resolving Holocaust Litigation in the College of Law's Summer Scholarship Series.

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Last updated: September 1, 2001