University of Cincinnati College of Law
Editors: Jack Chin
& Joe Hodnicki
April 2002

In this issue

Marjorie Aaron
Marjorie served as Program Chair of the ABA Section on Dispute Resolution Conference in Seattle Washington in early April. At the Seattle Conference, she taught a conference session entitled "Ethics Behind Closed Doors" - on ethical and moral dilemmas that arise in a mediation's private caucus. Back at UC, Marjorie designed and taught (with James Lawrence on April 11-12, 18-19) a CLE program for practicing lawyers, entitled: Making Mediators: A Practice Workshop. Students enrolled in the College of Law's Mediation Advocacy Course served as lawyers and clients for the workshop's lawyer-mediators.

Marianna Bettman
Marianna and Ronna Greff Schneider gave presentations at the Ohio Judicial College as part of the mandatory Continuing Judicial Education requirement for judges. Marianna spoke on State Constitutional Law: Emerging from the Federal Shadow. Ronna’s topic was The Courts and Religion: Clarity or Confusion? They have been asked to repeat their presentations at the summer session of the state court of appeals judges' association.

Marianna arranged for and joined local lawyers in preparing practitioner Scott Knox for oral argument before the Ohio Supreme Court regarding a name change sought by a lesbian couple in a long-term relationship. The two women want to combine several letters of each of their last names so that they and their children can all share a common surname. The request was denied by the lower courts. The case, In the Matter of Jennifer Lane Bicknell, et al. received widespread publicity.

This month, Marianna's column, Legally Speaking, was about the case of U.S. v. Drayton, involving the issue of the voluntariness of consent given to a search by two bus passengers faced with a show of police authority on the bus.

Marianna was appointed to the Board of the Cincinnati Chamber Music Society.

Paul Caron
Paul began his stint as a Visiting Professor of Law teaching Estate and Gift Tax in the New York University School of Law/Internal Revenue Service Continuing Professional Education Program in Washington, D.C. In his capacity as Series Editor for Foundation Press’s new Law Stories series patterned after his forthcoming Tax Stories book, Paul is working with Editors developing six books for the first year curriculum: Civil Procedure Stories (Kevin Clermont (Cornell)), Constitutional Law Stories (Michael Dorf (Columbia)), Contracts Stories (Douglas Baird (Chicago)), Criminal Law Stories (Robert Weisberg (Stanford)), Property Stories (Gerald Korngold & Andrew Morriss (Case Western), and Torts Stories (Robert Rabin (Stanford) & Stephen Sugarman (UC-Berkeley). Paul was one of the few tax professors quoted in Quotations About Taxes, 95 Tax Notes 395 (2002): “The tax bar is commonly referred to as a ‘special priesthood,’ and it is only slightly more tolerant than the Catholic Church in ordaining women tax priests” (from his article, Tax Myopia, Or Mamas Don't Let Your Babies Grow Up To Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994)). Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): four issues of Tax Law & Policy (vol. 3, nos. 12-15) and Practitioner Series (vol. 2, nos. 11-14) (both co-edited with Joseph Bankman (Stanford)); and one issue of International & Comparative Tax (vol. 2, no. 5) (co-edited with Eric M. Zolt (Harvard)).

Jack Chin
Jack attended a meeting of the Board of Governors of SALT in Portland, Oregon, and meeting of the AALS Committee on the Recruitment and Retention of Minority Law Teachers in Washington, D.C. 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) (with Scott Wells), was featured in Ellen Podgor, Reviews in Review, The Champion, May 2002, at 52. Several months ago, Jack and others working on the Immigration and Nationality Law Review Alien Land Law Project wrote a report recommending that Kansas repeal a Jim Crow-era statute designed to prevent Japanese immigrants from owning land; SB 400, which will carry out that recommendation, has passed both houses of the Kansas legislature.

Rafael Gely
Rafael’s co-authored article, A Rational Choice Theory of Supreme Court Statutory Decision with Applications to the State Farm and Grove City Cases, 6 J. L. Econ. & Org 263 (1990), was cited in Joseph A. Grundfest & A.C. Pritchard, Statutes with Multiple Personality Disorders: The Value of Ambiguity in Statutory Design and Interpretation, 54 Stanford L. Rev. 627 n. 35 (2002).

Peter Letsou
Peter’s article The Political Economy of Consumer Credit Protection Regulations, 44 Emory L. J. 587 (1995), was cited in the just-published article, Richard Hynes & Eric A. Posner, The Law and Economics of Consumer Finance, 4 American Law & Economics Rev. 168 (2002). Peter’s article "Why Kill Anderson" appeared in The Daily Deal on April 23, and he was quoted in the Houston Chronicle on the HP-Compaq merger.

Brad Mank
Brad’s article, "Legal Context: Reading Statutes in Light of Judicial Precedents" was accepted by the Arizona State Law Journal.


Barbara McFarland
Barbara’s treatise The Law of Premises Liability (3d ed. 2001), was cited in Settles v. Redstone Dev. Corp., 2002 WL 849915 (D.C. App. 2002) (with Glen Weissenberger).

Donna Nagy
Donna led a faculty workshop at Boston College Law School on "Insider Trading and Rule 10b5-1: The SEC’s Recent Retreat From the Fiduciary Principle." Donna was quoted in a Forbes.com news article on the SEC’s investigation of Wall Street firms and their analysts' practices.

Jim O’Reilly
Jim is leading the ABA's ad hoc project on Data Quality, coordinating comments on the new section 515 data quality regulations that all federal agencies are adopting this summer. As the Public Representative on the Hamilton County Solid Waste Management District, he presented his proposal for a local environmental court to the county commission in April. Jim will be preparing a Third Edition of his text, RCRA & Superfund Practice Guide, and will be contributing a chapter on "Terrorism and the Environment" to a nine-volume environmental law treatise. The ABA Press is considering his proposal for a text on federal preemption of state regulations and liability suits. He gave a presentation at the ABA Conference on Terrorism and the Environment and led a panel discussion of remedies for administrative agency data quality problems as part of the Spring ABA Meetings in Richmond, VA. And he is preparing for presentations on biotech product approvals at the University of Maine Law School symposium on biotech developments for late June. And the youth recycling interactive website for promoting solid waste diversion from landfills has been completed and will be posted soon on the website of the city of Wyoming, where he serves as chair of the city Solid Waste Commission.

Wendy Parker
Wendy accepted an invitation to present a paper entitled "Reconsidering the Role of District Court Judges in School Desegregation" at a conference sponsored by The Civil Rights Project at Harvard and The Center for Civil Rights, University of North Carolina at Chapel Hill. The conference takes place in August in Chapel Hill. The paper will be published in a symposium issue of the North Carolina Law Review.

Ronna Schneider
Ronna made a presentation to the Ohio Judicial College on "The Courts and Religion: Clarity or Confusion?" in Columbus in April. (She made her presentation along with another presentation made by Professor Bettman who spoke on" State Constitutional Law: Emerging from the Federal Shadow?") Ronna also appeared on national television on the Fox News Network discussing a case challenging an Ohio abortion statute that will be heard in the Sixth Circuit.

Michael Solimine
Michael published an op-ed (with attorney John Nalbandian), "How Not to Confirm Judges," Cincinnati Post, April 9, 2002, p. 17A. He published a review essay, The Law and Economics of Conflict of Laws, 4 American Law & Economics Rev. 208 (2002). Eleven of his books and articles were cited in Thomas E. Baker, Federal Court Practice and Procedure: A Third Branch Bibliography (Fred B. Rothman Publications 2001). His book, Respecting State Courts: The Inevitability of Judicial Federalism (1999) (with James Walker) was cited in Robert F. Williams, Old Constitutions and New Issues: National Lessons From Vermont's State Constitutional Case on Marriage of Same-Sex Couples, 43 Boston College L. Rev. 73, 96n.143 (2001), and his article, Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals Under Rule 23(f), 41 William & Mary L. Rev. 1531 (2000)(with Christine Hines), was extensively cited and discussed in Aimee G. Mackay, Comment, Appealability of Class Certification Orders Under Federal Rule of Civil Procedure 23(f): Toward a Principled Approach, 96 Northwestern University L. Rev. 755 (2002).

A.J. Stephani
A.J. published the book chapter Evaluating Mental States Without the Benefit of a Direct Examination: Basic Concepts and Ethical and Legal Implications (with Glen Weissenberger and Roy Lacoursiere), in Retrospective Assessment of Mental States in Litigation.

Suja Thomas
Suja gave a presentation "Re-examining Remittitur" at Chicago-Kent.

Joe Tomain
Joe continued work with Cincinnati CAN and the "And Justice for All" project. "Joe was installed as Officer (Treasurer) of the Cincinnati Bar Association. Joe made alumni/recruiting trips to Columbus and Cleveland, and met with alumni in San Francisco. Joe submitted an article, "Dionysian Education" to The Green Bag, which is a book review of Brush with the Law by Robert Ebert Byrnes and Jaime Marquart.

Glen Weissenberger
Glen’s treatise The Law of Premises Liability (3d ed. 2001) (with Barbara McFarland), was cited in Settles v. Redstone Dev. Corp., 2002 WL 849915 (D.C. App. 2002). Glen published the book chapter Evaluating Mental States Without the Benefit of a Direct Examination: Basic Concepts and Ethical and Legal Implications (with A.J. Stephani and Roy Lacoursiere), in Retrospective Assessment of Mental States in Litigation.

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Last updated: May 8, 2002