Faculty News

Faculty News
November 2002

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
At the invitation of the Ohio Supreme Court, Marjorie presented a one-day tailored negotiation workshop for Ohio State magistrates at the Mohican State Park. The workshop included original written materials, created in consultation with various magistrates. The first half of her two-part article, Initial Contacts in Mediation, was published in Alternatives (a publication of the CPR Institute for Dispute Resolution). Marjorie accompanied and "coached" UC's winning student negotiation competitors at the ABA Regionals at the University of Louisville, Brandeis Law School. Marjorie and Adjunct Professor Jim Lawrence also coached our students in preparation for the competition, and Marjorie facilitated a practice session at Keating, Muething & Klecamp, hosted by Dan Donnellen.

Kristin Kalsem
Kristin presented Women's Legal Herstories: Nineteenth-Century Publication of Private Wrongs at a conference on Subversive Legacies: The Struggle for Gender Equity at the University of Texas School of Law. She served on a panel on Subversion in Literature and Film with four faculty from the University of Texas (Susan Heinzelman, Lisa Moore, Domino Perez, and Janet Staiger).

Paul Caron
Paul published Tax Stories: An In-Depth Look at Ten Leading Federal Income Tax Cases (Foundation Press, 2002) with Joseph Bankman (Stanford), Karen Brown (George Washington), Patricia Cain (Iowa), Joseph Dodge (Florida State), Marjorie Kornhauser (Tulane), Joel Newman (Wake Forest), Russell Osgood (Grinnell), Deborah Schenk (NYU), Daniel Shaviro (NYU), and George Yin (Virginia). Paul was the Editor of the book and wrote the introductory chapter, Tax Archaeology. The book will be reviewed by Reuven Avi-Yonah (Michigan) in the annual book review issue of the Michigan Law Review and will be the subject of a two-hour mini-program at the ABA Tax Section's Mid-Year Meeting in Washington, D.C. In his capacity as General Editor of Foundation Press's new Law Stories book series patterned after Tax Stories, Paul is working to develop books for the second- and third-year curriculum in addition to the six books in the pipeline for first-year courses, starting with Intellectual Property Stories (with Editors Rochelle Dreyfus (NYU) and Jane Ginsburg (Columbia)). Contributors include former UC Professor Graeme Dinwoodie (Chicago-Kent), as well as Jessica Litman (Wayne State), Robert Merges (Cal-Berkeley), Pamela Samuelson (Cal-Berkeley), and Diane Zimmerman (NYU).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): four issues each of Tax Law & Policy (vol. 3, nos. 38-41) and Practitioner Series (vol. 2, nos. 40-43) (both co-edited with Joseph Bankman (Stanford)); and one issues of International & Comparative Tax (vol. 2, no. 12) (co-edited with Robert A. Green (Cornell)).

Jack Chin
Jack presented Rehabilitating Unconstitutional Statutes at the University of Kansas School of Law (as part of our Scholar Exchange Program) and Pledging Allegiance to the Constitution at Northern Kentucky University, Chase College of Law.

Jack's article, The Civil Rights Revolution Comes to Immigration Law: A New Look at the Immigration and Nationality Act of 1965, 75 North Carolina L. Rev. 273 (1996), was cited in Robert S. Chang & Peter Kwan's When Interests Diverge, 100 Michigan L. Rev. 1532 (2002). Two of his articles, The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. 151 (1996), and The First Justice Harlan by the Numbers: Just How Great was "The Great Dissenter?," 32 Akron L. Rev. 629 (1999), were cited in James A. Thomson, Getting to Know Harlan: A New Approach to Judicial Biography?, 18 Constitutional Commentary 647 (2001).

Rafael Gely
Three of Rafael's articles were cited in prestigious journals: Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988, 23 Rand J. of Economics 463 (1992) (with Pablo Spiller), in Robert M. Howard & Jeffrey A. Segal, An Original Look at Originalism, 36 Law & Society Rev. 113 (2002); Labor Law Access Rules and Stare Decisis: A Developing Planned Parenthood-Based Model of Reform, 20 Berkeley J. Employment & Labor L. 138 (1999) (with Leonard Bierman), in Cynthia L. Estlund, The Ossification of American Labor Law, 102 Columbia L. Rev. 1527 (2002); and Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 Univ. Pittsburgh L. Rev. 89 (1998), in Paul A. Dame, Stare Decisis, Chevron, and Skidmore: Do Administrative Agencies Have The Power to Overrule Courts?, 44 William & Mary L. Rev. 405 (2002).

Betsy Malloy
Betsy presented An Absence of Clarity: Medical Leave Under the ADA, FMLA and Worker's Compensation at a seminar on Health Care Law sponsored by the Cincinnati Bar Association. Her article, Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Leading Cases: Federal Statutes and Regulations: Americans with Disabilities Act, 116 Harvard L. Rev. 342 (2002).

Brad Mank
Brad presented Environmental Justice and the Clean Air Act to the Environmental Community Organization at the Corryville Public Library.

Jim O'Reilly
Jim's article, Planning for Defenses against Bioterrorism, was accepted for publication in the Widener Law Journal. He made presentations to the law faculty at the University of Kansas and Southern Illinois University. Jim served as a consultant to the National Association of Attorneys General in their forthcoming program on generic drugs. He participated in a lively discussion at a Food & Drug Law seminar at the regional FDA office.

Wendy Parker
Wendy's article, The Future of School Desegregation, 94 Northwestern Univ. L. Rev. 1157 (2000), was cited in Monika L. Moore, Unclear Standards Create an Unclear Future: Developing a Better Definition of Unitary Status, 112 Yale L.J. 311 (2002). Her Northwestern article as well as her article, The Supreme Court and Public Law Remedies: A Tale of Two Kansas Cities, 50 Hastings L.J. 475 (1999), were cited in Dora W. Klein, Beyond Brown v. Board of Education: The Need to Remedy the Achievement Gap, 31 J. Law & Educ. 431 (2002).

Michael Solimine
Michael's essay, Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment (reviewing John T. Noonan, Narrowing the Nation's Power (Univ. of Calif. Press, 2002)) was accepted for publication in the annual book review issue of the University of Michigan Law Review. He presented Nepotism in the Federal Judiciary at Chicago-Kent College of Law as part of our Scholar Exchange Program. Michael delivered the inaugural Alumni lecture of the Honors Program at Wright State University in Dayton, Ohio, on Reforming Judicial Elections in Ohio. His article, The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), was cited in Kevin Clermont & Theodore Eisenberg, Litigation Realities, 88 Cornell L. Rev. 119 (2002).

Joe Tomain
Joe published Dionysian Education, 6 Green Bag 2d 79 (2002) (reviewing Robert E. Byrnes & Jaime Marquart, Brush with the Law: The True Story of Law School Today at Harvard and Stanford (Renaissance Books, 2001)). He planned, organized, and facilitated a one and one-half day CLE seminar for Thompson Hine, LLP on Justice and the Legal Profession. He authored and delivered a paper at the Literary Club of Cincinnati. Joe planned and hosted an ABA program to train facilitators to lead community discussions on the issue of "And Justice For All": Ensuring Public Trust and Confidence in the Justice System. The participants will offer programs to high schools and community organizations. The program is co-sponsored by the UC College of Law and Cincinnati CAN. He delivered remarks for Ohio law deans at the swearing-in ceremony at the Ohio Supreme Court.

Verna Williams
Verna gave the keynote address, Back to the Future: The Push for Single-Sex Education and its Implications for Gender Equity, at a conference on Thirty Years of Title IX: Leadership in a New Environment at the University of Denver. She attended a conference on Subversive Legacies: The Struggle for Gender Equity at the University of Texas School of Law. Verna was quoted in Supreme Moments: Women Make Their Cases Before the Highest Court, in the Fall 2002 issue of the ABA magazine, Perspectives: For and About Women Lawyers. She talked about her experience arguing Davis v. Monroe County Board of Education before the Supreme Court.

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