Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects
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 presented Origins of Penalty Bonds at Indiana-Bloomington
as part of the College of Law’s Scholar Exchange Program.
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
- 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
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
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)).
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 will be leaving the College of Law after this semester and moving
to Sacramento, California.
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 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.
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
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 accepted a position as Assistant Professor of Law at Emory University
School of Law, beginning in the 2003-04 academic year.
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 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 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 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,
For past issues, visit the Faculty