FACULTY NEWS
University of Cincinnati College of Law
Editors: Jack Chin
& Joe Hodnicki
February 2002

In this issue

Marjorie Aaron
Marjorie taught a session on Negotiation at the UC Women's Leadership Conference. She also served as faculty "coach" for four UC law students at the ABA Regional "Representation in Mediation Competition" hosted by the Northern Illinois law school.

Marianna Brown Bettman
Marianna was invited by the Northern Kentucky Law Review to submit an article on any subject of her choosing. The article "Comity and the New Federalism Through the Lens of School Vouchers" should appear in late spring. Marianna's WVXU commentary in February was on the decision declaring Ohio's concealed weapons carry law unconstitutional. The commentary explains the difference between the state and federal constitutions on the right to bear arms.

Paul Caron
Paul received a grant from the American Tax Policy Institute to support his forthcoming book from Foundation Press, Tax Stories: An In-Depth Look at Ten Leading Federal Income Tax Cases (Joseph Bankman (Stanford), Karen B. Brown (George Washington), Patricia A. Cain (Iowa), Joseph M. Dodge (Florida State), Marjorie E. Kornhauser (Tulane), Joel S. Newman (Wake Forest), Russell K. Osgood (Grinnell), Deborah H. Schenk (NYU), Daniel N. Shaviro (NYU) & George Kuo-Ming Yin (Virginia), contributors). The web site to accompany the book is under construction at www.law.uc.edu/taxstories

As Series Editor for Foundation Press, Paul obtained a contract for the first of hopefully several other Law Stories books: Torts Stories: An In-Depth Look at Ten Leading Torts Cases (Robert L. Rabin (Stanford) & Stephen D. Sugarman (UC Berkeley), editors) (Kenneth S. Abraham (Virginia), Anita Bernstein (Emory), Mark Geistfeld (NYU), Stephen G. Gilles (Quinnipiac), Daniel J. Givelber (Northeastern), James A. Henderson, Jr. (Cornell), Saul Levmore (Chicago), Peter H. Schuck (Yale), Kenneth W. Simons (Boston University) & Aaron D. Twerski (Brooklyn), contributors).

Paul spoke to a group of students about his recent article, The Federal Tax Implications of Bush v. Gore, 79 Washington U. L.Q. 749 (2001). He attended the ALI-ABA Annual Winter Estate Planning Practice Update. Paul published several issues of his Tax Law Abstracts e-journals at www.ssrn.com: four issues of Tax Law & Policy (vol. 3, nos. 4-7) and Practitioner Series (vol. 2, nos. 3-6) (both co-edited with Joseph Bankman (Stanford)); and one issue of International & Comparative Tax (vol. 2, no. 3) (co-edited with Eric M. Zolt (Harvard)).

Jack Chin
Jack offered a CLE seminar to the Judges and clerks of the Ohio Court of Appeals, First District, on the subject of collateral consequences of criminal conviction. He testified before the ABA Criminal Justice Standards Committee on the same subject at the ABA Midyear meeting in Philadelphia. Jack’s article, The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. 151 (1996), was cited in Kathryn Abrams, The Legal Subject in Exile, 51 Duke L.J. 27, n.12 (2001), and his co-authored article, The “Blue Wall of Silence” as Evidence of Bias and Motive to Lie: A New Approach to Police Perjury, 59 U. Pittsburgh L. Rev. 233 (1998), was cited in Brandon Garrett, Remedying Racial Profiling, 33 Columbia Hum. Rts. L. Rev. 41, n.276 (2001). His co-authored article, Can a Reasonable Doubt have an Unreasonable Price? Limitations on Attorney’s Fees in Criminal Cases, 41 Boston College L. Rev. 1 (1999), was cited in 3 Wayne LaFave, Jerold Israel & Nancy King, Criminal Procedure § 11.1(a) (West 2d ed. Supp. 2002). He was quoted in Forbes.com on the Enron crisis, and in the Cincinnati Post on Ohio’s most recent execution. In conjunction with the Criminal Law Association, Jack brought Earle Maiman ‘81 to campus to talk about the Wehrung trial, and Ethan Nadelman of the Drug Policy Alliance to talk about the War on Drugs.

Tom Eisele
Tom’s book chapter, The Activity of Being a Lawyer: The Imaginative Pursuit of Implications and Possibilities, in Law and Aesthetics (Gearey, ed., 2001), was cited in Pierre Schlag, The Aesthetics of American Law, 115 Harvard L. Rev. 1047, 1079, n.126 (2002).

Jim O’Reilly
More than 100 people attended Jim’s program at the ABA Midyear Meeting in Philadelphia on the effects of September 11's tragedy on government disclosure and secrecy issues. Jim is also organizing an April ABA panel featuring a federal judge, federal officials and public interest representatives to debate the quality of federal reporting data, an issue covered in his forthcoming Administrative Law Review article. He is discussing a Third Edition of his text on hazardous waste issues with West, and his book on police discipline is at the printing stage. The Federal Circuit remanded a case of which Jim had been an amicus, representing the interests of disabled veterans, and Knight-Ridder and Scripps-Howard wire services, TV channels 9 and 19 ran stories quoting Jim regarding the reform of veterans' adjudication appeals.

 

Wendy Parker
Wendy’s article, The Future of School Desegregation, 94 Northwestern L. Rev. 1157 (2000), was quoted in David Schoenbrod, Angus Macbeth, David I. Levine, David J. Jung, Remedies: Public and Private 269 (West 3d ed. 2002). The article was also cited in Denise Morgan, The New School Finance Litigation: Acknowledging that Race Discrimination in Public Education is more than Just a Tort, 96 Northwestern U. L. Rev. 99, n.10 (2001). Wendy also completed her review of Jack M. Balkin ed., What Brown v. Board of Education Should Have Said (NYU 2001) for the Journal of Legal Education.

Michael Solimine
Michael made a presentation at a Judicial CLE conference for the First District (Ohio) Court of Appeals on February 15. Several of his articles were cited and discussed in the new editions of two casebooks: The Three-Judge District Court in Voting Rights Litigation, 30 U. Michigan J. L. Reform 79 (1996), in Samuel Issacharoff, Pamela S. Karlan & Richard H. Pildes, The Law of Democracy: Legal Structure of the Political Process (Foundation Press, 2d ed. 2001); and An Economic and Empirical Analysis of Choice of Law, 24 Georgia L. Rev. 49 (1989) and Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell International L. J. 51 (1992), in Lea Brilmayer & Jack Goldsmith, Conflict of Laws: Cases and Materials (Aspen, 5th ed. 2002). Michael’s article, Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (1990), was cited in Joan Steinman, After Steel Co.: "Hypothetical Jurisdiction” in the Federal Appellate Courts, 58 Washington & Lee L. Rev. 855, n.154 (2001).

Joe Tomain
Since he last appeared in the Newsletter, Joe served as a commentator on WKRC Radio, moderated a panel on the death penalty for OperaRap at Hebrew Union College, co-chaired a panel at conference of Law Deans and Chief Justices of the United States in Tucson, Arizona, submitted an article to Environmental Law on "The Past and Future of Electricity Regulation," was elected Treasurer of the Mercantile Library Association Board, and served as Advisor for the Institute of Environmental Studies at Miami University. His co-authored article, Analyzing Government Regulation, 49 Administrative L. Rev. 377 (1997), was cited in David B. Spence, A Public Choice Progressivism, 87 Cornell L. Rev. 397, n.185 (2002), and his article networkindustries.gov.reg, 48 U. Kansas L. Rev. 829 (2000), was cited in Jeffrey J. Rachlinski & Cynthia R. Farina, Cognitive Psychology and Optimal Government Design, 87 Cornell L. Rev. 549, n.191 (2002).

Michael Van Alstine
Michael’s article, Dynamic Treaty Interpretation, 146 U. Pennsylvania L. Rev. 687 (1998), was cited in Katherine J. Fick, Such Stuff as Laws are Made On: Interpreting the Exchange Act to Reach Transnational Fraud, 2001 U. Chicago Legal F. 441, n.171.

Glen Weissenberger
Glen’s co-authored treatise on Kentucy Evidence was cited in Anderson v. Commonwealth, 63 S.W.3d 135, 147, n.19 (Ky. 2001).

Verna Williams
Verna’s working paper, Blueprint for Gender Equity in Education, was published in a report issued by the Citizens' Commission on Civil Rights entitled Rights at Risk: Equality in an Age of Terrorism, released on February 12.

 

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Last updated: March 4, 2002