Faculty News

Faculty News
March 2003

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

In This Issue

Marjorie Aaron
Marjorie and Adjunct Professor Jim Lawrence did something Bob Huggins and Tubby Smith were unable to do: they coached two UC students (Patti Foster ’05 and Susie Coan ’05) to a victory over Marquette in the finals of the National Representation in Mediation Competition at the annual meeting of the ABA Section on Dispute Resolution (www.uc.edu/news/NR.asp?id=382). Marjorie and Adjunct Professor Jim Lawrence also co-taught a CLE workshop for 12 Cincinnati lawyers on Making Mediators. The workshop dovetailed with her Mediation Advocacy course, which enabled her students to play lawyer and client roles in two reasonably complex and realistic mediation simulations, with the CLE participants serving in the mediators’ roles. Marjorie taught a session, On the Job: Challenges in Employment Mediation, (with Margaret Shaw, a New York City mediator and adjunct professor) at the ABA Section on Dispute Resolution’s annual conference. She also was invited to participate in a video-tape project designed to collect short "advice" from well respected mediators from across the country. Marjorie provided comments on three topics (two on process design and one on mediation ethics.

Joseph Biancalana
Joseph presented Origins of Penalty Bonds at Indiana-Bloomington as part of the College of Law’s Scholar Exchange Program.

Paul Caron
Paul accepted a position as Visiting Professor of Law at the Florida State University College of Law for the Summer 2003 semester. His work as Series Editor for Foundation Press’s Law Stories book series is featured in Kevin M. Clermont, Teaching Civil Procedure Through Its Top Ten Cases, Plus or Minus Two, 47 St. Louis Univ. L.J. 111 (2003). As Series Editor for LexisNexis Group’s Graduate Tax Series, Paul obtained approval for the first four books in the series:

  • Civil Tax Procedure (David M. Richardson (Florida), Jerome Borison (Denver) & Steve R. Johnson (Nevada))
  • Federal Tax Accounting (Michael B. Lang (Chapman) & Elliott Manning (Miami))
  • Federal Taxation of Property Transactions (Elliott Manning (Miami) & David Cameron (Northwestern))
  • United States International Taxation (Philip F. Postlewaite (Northwestern), Samuel A. Donaldson (Washington) & Allison D. Christians (Northwestern))

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 4, nos. 9-12) and Practitioner Series (vol. 3, nos. 9-12) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 3, no. 3) (co-edited with Robert A. Green (Cornell). Paul’s article, The Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie, & Beyond, 71 Oregon L. Rev. 781 (1992), was cited in Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiro, Hart & Wechsler’s The Federal Courts and The Federal System (Foundation Press, 5th ed. 2003).

Jack Chin
Two of Jack’s articles, Is There a Plenary Power Doctrine?: A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law, 14 Georgetown Immigration L.J. 257 (2000), and Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), were cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West 2003 Supp.). He was quoted twice in the Dayton Daily News (Ohio House Likely to Ratify 14th Amendment (March 12); Ohio to Approve 14th Amendment (Feb. 26th)); once in The Cleveland Plain Dealer (More Than 130 years Later, Ohio OKs 14th Amendment Equal-Protection Issue Ratified After Long, Bitter Fight (March 13)); and twice in The Cincinnati Enquirer (Lawmakers: Ohio Will Ratify 14th Amendment (Feb. 1) and Ohio Finally Joins the Rest of U.S. (March 16)).

Rafael Gely
Several of Rafael’s articles were cited in prestigious books and articles: Striker Replacements: A Law, Economics, and Negotiations Approach, 68 Southern California L. Rev. 363 (1995) (with Leonard Bierman), and "Let's Call it A Draw": Striker Replacements and the Mackay Doctrine, 58 Ohio St. L.J. 1003 (1997) (with Leonard Bierman), in Seth D. Harris, Coase’s Paradox and the Inefficiency of Permanent Strike Replacements, 80 Washington Univ. L.Q. 1185 (2003); Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 Univ. Pittsburgh L. Rev. 89 (1998), and Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, 20 Berkeley J. Employment & Labor L. 138 (1999) (with Leonard Bierman), in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West 2003 Supp.) and in Gregory Mitchell, Why Law and Economics’ Perfect Rationality Should Not Be Traded for Behavioral Law and Economics' Equal Incompetence, 91 Georgetown L.J. 67 (2003); and Congressional Control or Judicial Independence: The Determinants of US Supreme Court Labor-Relation Decisions, 23 Rand J. Economics 463 (1992) (with Pablo T. Spiller), in Michael Heise, The Past, Present, and Future of Empirical Legal Scholarship: Judicial Decision Making and the New Empiricism, 2002 Univ. Illinois L. Rev. 819 (2003).

Steve Ingram
Steve will be leaving the College of Law after this semester and moving to Sacramento, California.

Christo Lassiter
Christo’s article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Capital Univ. L. Rev. 79 (1998), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West 2003 Supp.) He was quoted in The Cincinnati Enquirer (Hate-Crime Vote’s Effect May Be Mostly Symbolic).

Bert Lockwood
Bert hosted a visit by Ms. Fatima Judith Maria Andrada, Coordinator of the Human Rights Unit of the Supreme Court of Paraguay, who spoke on her government’s efforts to actively promote human rights in Paraguay.

Betsy Malloy
On March 22, Betsy and Matt welcomed into their family Luke Aidan Malloy, who checked in at 7 pounds, 13 ounces. Betsy accepted a position as Visiting Professor of Law at William & Mary School of Law for the Fall 2003 semester.

Brad Mank
Brad’s article, The Murky Future of the Clean Water Act After SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, was accepted in The Ecology Law Quarterly (Boalt Hall, UC-Berkeley). Several of Brad’s articles were cited in prestigious law reviews: The Environmental Protection Agency’s Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization, 25 Ecology L.Q. 1 (1998), in Jody Freeman, Extending Public Law Norms Through Privatization, 116 Harvard L. Rev. 1285 (2003); What Comes After Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stanford Environmental L.J. 263 (1994), in Adam Babich, Too Much Science in Environmental Law, 28 Columbia. J. Envtl. 119 (2003); and Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Georgia L. Rev. 723 (2002), in Christine A. Klein, The Environmental Commerce Clause, 27 Harvard Envtl. L. Rev. 1 (2003).

Sara Nelson
Sara accepted a position as Assistant Professor of Law at Emory University School of Law, beginning in the 2003-04 academic year.

Jim O'Reilly
Jim assembled and chaired an ABA panel on the new Dept. of Homeland Security in Washington, D.C., and his paper, Secrecy and Disclosure Challenges to the New Department of Homeland Security, will be featured in the Journal of Homeland Security. He signed a book contract for the second edition of State & Local Government Solid Waste Management. Jim served on the planning committee the 12th annual Environmental Symposium at the Cincinnati Convention Center. He was named Chair of the Publications Committee of the ABA Section of Administrative Law & Regulatory Practice.

Michael Solimine
Michael spoke at a panel discussion on judicial clerkships sponsored by the Center for Career Planning and Development. He published Ohio Civil Rules Practice (Anderson Publishing Co., 3d ed., 2003) (with John W. McCormac). Several of Michael’s books and articles were cited in various prestigious sources: One book (Respecting State Courts (1999) (with James L. Walker)), and nine articles (his North Carolina L. Rev., Hastings Constitutional L.Q., Boston Univ. L. Rev., Univ. of Pittsburgh L. Rev., Rutgers L.J., George Washington L. Rev., Missouri L. Rev., William & Mary L. Rev., and Indiana L. Rev. pieces) in Richard H. Fallon, Daniel J. Meltzer & David L. Shapiro, Hart & Wechsler’s The Federal Courts and The Federal System (Foundation Press 5th ed., 2003); Federal Courts of Appeals Judges, 27 J. of Legal Studies 271 (1998) (with William M. Landes & Lawrence Lessig), in Russell Smyth & Mita Bhattacharya, What Determines Judicial Prestige? An Empirical Analysis for Judges of the Federal Court of Australia, 5 American Law & Economics Rev. 233 (2003); Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Indiana L. Rev. 335 (2002), in Catherine T. Struve, Direct and Collateral Federal Court Review of the Adequacy of State Procedural Rules, 103 Columbia L. Rev. 243 (2003); Rethinking Feminist Judging, 70 Indiana. L.J. 891 (1995) (with Susan E. Wheatley), in Michael Heise, The Past, Present, and Future of Empirical Legal Scholarship: Judicial Decision Making and the New Empiricism, 2002 Univ. Illinois L. Rev. 819 (2003); and 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 Oliver Hines), in David F. Herr, Annotated Manual for Complex Litigation (Federal Judicial Center, 3d ed. 2003).

Joe Tomain
Joe published a book chapter, Whither Natural Monopoly: The Case of Electricity, in Peter Z. Grossman & Daniel H. Coles, The End of a Natural Monopoly: Deregulation and Competition in the Electric Power Industry (2003). He spoke at the American Bar Association’s National Colloquium on the 21st Century Judiciary in Raleigh, North Carolina. Joe hosted a visit and planned program with Dean Janice C. Griffith of Georgia State University College of Law on The Urban Environment: Economic, Political, and Social Forces at Play. His article, Institutionalized Conflict Between Law and Policy, 22 Houston L. Rev. 661 (1985), was cited in Charles H. Koch, Jr, Administrative Law and Practice (West 2003 Supp.).

Verna Williams
Verna organized a panel discussion on "If You Let Me Play": Gender and the Politics of Athletics (Marilyn Yarbrough (North Carolina), Deborah Brake (Pittsburgh) & Melissa McKenna (Class of 2003). Verna was quoted in The Cincinnati Enquirer (Racial Policies Split Bush, Corporations).

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