Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects
Marianna Brown Bettman
Part II of Marjorie’s article, Getting a Head Start: More Intake
Questions and Tips for Mediators, was appeared in the November/December
issue of Alternatives (a publication of the CPR Institute for Dispute
Resolution). She presented two one-day seminars, through the College
of Law’s Center for Practice in Negotiation and Problem Solving, at
the UC Alumni Center: Effective Negotiation Strategy and Practice
(with Michael Watkins (Harvard Business School)), and Advanced Negotiation
Insights. Marjorie wrote all of the original seminar materials and
simulations used in the seminars.
Marianna’s op ed piece opposing the most recent legislative attempt to
place caps on damages in medical malpractice cases was published in the
Cincinnati Post. Her latest Legally Speaking
column focused on
the Sixth Circuit’s decision striking down Cincinnati’s Drug Exclusion
Paul published a new edition of Federal Wealth Transfer Taxation
(Foundation Press, 5th ed. 2002) with co-authors Paul McDaniel and Jim
Repetti (both of Boston College). The prior edition of the casebook
was adopted for use at thirty-five law schools (including Michigan,
Virginia, NYU, Northwestern, Duke, Washington University, and Boston
College). He also published several issues of his Tax Law Abstracts
e-journals (www.ssrn.com): two issues
each of Tax Law & Policy (vol. 3, nos. 42-43) and four issues
of Practitioner Series (vol. 2, nos. 44-47) (both co-edited with
Joseph Bankman (Stanford)). Paul’s article, Tax Myopia, Or Mamas
Don't Let Your Babies Grow Up to Be Tax Lawyers, 13 Virginia Tax
Rev. 517 (1994), was cited in Cheryl Block, Pathologies at the Intersection
of the Budget and Tax Legislative Processes, 43 Boston College L.
Rev. 863 (2002).
Jack signed a contract with William S. Hein & Co. to edit The U.S.
Commission on Civil Rights: Reports on the Police. His articles
were cited by a variety of courts and commentators: Effective Assistance
of Counsel and the Consequences of Guilty Pleas, 87 Cornell L. Rev.
697 (2002) (with Richard Holmes), in State v. Yanez, 2002 WL
31840905 (Ohio App. 1 Dist. Dec. 20, 2002) (opinion by adjunct professor
Judge Robert Gorman '60 ), and in Karl B. Tegland, Washington Practice
Series, Rules Practice (6th ed. 2002); 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) (with Scott Wells), in Steven Clymer,
Are Police Free to Disregard Miranda?, 112 Yale L.J. 447 (2002);
and The Plessy Myth: Justice Harlan and the Chinese Cases, 82
Iowa L. Rev. 151 (1996), and Segregation's Last Stronghold: Race
Discrimination and the Constitutional Law of Immigration, 46 UCLA
L. Rev. 1 (1998), in Sarah Cleveland, Powers Inherent in Sovereignty:
Indians, Aliens, Territories, and the Nineteenth Century Origins of
Plenary Power over Foreign Affairs, 81 Texas L. Rev. 1 (2002).
Raphael’s articles, A Rational Choice Theory of Supreme Court Statutory
Decisions with Applications to the State Farm and Grove City
Cases, 6 J.L. Economics & Organization 263 (1990) (with Pablo
Spiller), and Congressional Control or Judicial Independence: The
Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988,
23 Rand J. Economics 463 (1992) (with Pablo Spiller), were cited in
Einer Elhauge, Preference-estimating Statutory Default Rules,
102 Columbia L. Rev. 2027 (2002).
Betsy’s article, Beyond Misguided Paternalism: Resuscitating the
Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998),
was cited in David Hyman & Charles Silver, You Get What You Pay For:
Result-based Compensation for Health Care, 58 Washington & Lee L.
Rev. 1427 (2002).
Brad’s articles, Is There A Private Cause of Action Under EPA’s Title
VI Regulations?: The Need To Empower Environmental Justice Plaintiffs,
24 Columbia J. Envtl. L. 1 (1999), and Using Sec. 1983 to Enforce
Title VI’s Section 602 Regulations, 49 Univ. Kansas L. Rev. 321
(2001), were cited in Lisa Core, Alexander v. Sandoval: Why a Supreme
Court Case about Driver's Licenses Matters to Environmental Justice
Advocates, 30 Boston College Envtl. Affairs L. Rev. 191 (2002).
Donna’s article, The "Possession vs. Use" Debate in the Context of
Securities Trading by Traditional Insiders: Why Silence Can Never Be
Golden, 67 Univ. Cincinnati L. Rev. 1129 (1999), was cited in Donald
Langevoort, When Lawyers and Law Firms Invest in Their Corporate
Clients’ Stock, 80 Washington Univ. L.Q. 569 (2002).
Jim completed two articles: Product Recalls and the Third Restatement,
to be published in a symposium on the Restatement 3rd of Products Liability
in the Memphis Law Review; and Physician Off-Label Prescribing,
under consideration by Annals of Health Law. His proposed presentation
on Tort Reform and the Ohio Supreme Court has been accepted for
the April 2003 Cleveland-Marshall conference on the Ohio Constitution.
Work progresses on his pending textbooks on federal preemption and on
Ronna’s article, Sexual Harassment and Higher Education, 65 Texas
L. Rev 525 (1987), was cited in Kent Weeks & Rich Haglund, Fiduciary
Duties of College and University Faculty and Administrators, 29
J. College & University L. 153 (2002). She was quoted in Why Cincinnati?,
The Cincinnati Post, Dec. 7, 2002, at A1.
Michael published The False Promise of Judicial Elections in Ohio,
30 Capital Univ. L. Rev. 559 (2002) (symposium on judicial elections).
He was quoted in a newspaper article in the Arizona Republic (Dec.1,
2002), Political Labels Lag as 9th Circuit Court Evolves. Several
of Michael’s articles were cited in a variety of prestigious journals:
Supreme Court Monitoring of State Courts in the Twenty-first Century,
35 Indiana L. Rev. 335 (2002), in Stephen F. Smith, The Rehnquist
Court and Criminal Procedure, 73 Univ. Colorado L. Rev. 1337 (2002);
Shoring Up Article III: Legislative Court Doctrine in the Post
CFTC v. Schor Era, 68 Boston Univ. L. Rev. 85 (1988)(with Richard
Saphire), in Matthew Burton, Note, Assigning the Judicial Power to
International Tribunals: NAFTA Binational Panels and Foreign Affairs
Flexibility, 80 Virginia L. Rev.1529 (2002); The Next Word: Congressional
Response to Supreme Court Statutory Decisions, 65 Temple L. Rev.
425 (1992) (with James Walker), in Einer Elhauge, Preference-eliciting
Statutory Default Rules, 102 Columbia L. Rev. 2162 (2002); and An
Economic and Empirical Analysis of Choice- of-Law, 24 Georgia L.
Rev. 49 (1989), in Michael Krauss, Product Liability and Game Theory:
One More Trip to the Choice-of-law Well, 2002 Brigham Young Univ.
L. Rev. 759 (2002).
Joe participated in the Cincinnatus Association Excellence in Education
Panel and in a conference call of the Multijurisdictional Practice Subcommittee
of the ABA Joint Committee on Lawyer Regulation.
Verna is serving as a consultant to the counsel for the plaintiff in
Doe v. University of Colorado, a Title IX lawsuit claiming that
the University was deliberately indifferent to sexual misconduct by
recruits for the football team. According to the complaint, in 2001
football recruits sexually assaulted a female student at a party; a
similar incident occurred in 1997. Verna was quoted in the Colorado
Daily as saying that the prior incident put the University on notice
that there was a problem needing to be addressed.
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