Edited by Paul
Marianna Brown Bettman
Chris’s article, Remanding to Congress: The Supreme Court’s New “On the Record” Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone), was cited in Robert C. Post & Reva B. Siegel, Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave, 112 Yale L.J. 1943 (2003); Robert A. Shapiro & William W. Buzbee, Unidimensional Federalism: Power and Perspective in Commerce Clause Adjudication, 88 Cornell L. Rev. 1199 (2003); Evan H. Caminker, Thayerian Deference to Congress and Supreme Court Supermajority Rule: Lessons From the Past, 78 Indiana L.J. 73 (2003); and in Paul Winke, Why the Preclearance and Bailout Provisions of the Voting Rights Act Are Still a Constitutionally Proportional Remedy, 28 New York Univ. Rev. Law & Social Change 69 (2003). His article, Retroactive Application of “New Rules” and the Antiterrorism and Effective Death Penalty Act, 70 George Washington L. Rev. 1 (2002), was cited in Mariano-Florentino Cuellar, The International Criminal Court and the Political Economy of Antitreaty Discourse, 55 Stanford L. Rev. 1597 (2003); and in Rachel A. Van Cleave, “Death Is Different,” Is Money Different? Criminal Punishments, Forfeitures, and Punitive Damages--Shifting Constitutional Paradigms for Assessing Proportionality, 12 Southern California Interdisciplinary L.J. 217 (2003).
Jay A. Soled wrote a favorable review of Paul’s Tax Stories book in 100 Tax Notes 727 (2003). Paul signed a contract with Foundation Press for Business Tax Stories (Steven A. Bank (UCLA) & Kirk J. Stark (UCLA), Editors), the ninth book in his Law Stories series.
Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: twelve issues each of Tax Law & Policy (vol. 4, nos. 21-32) and Practitioner Series (vol. 3, nos. 21-32) (both co-edited with Joseph Bankman (Stanford)), and four issues of International & Comparative Tax (vol. 3, nos. 6-9) (co-edited with Robert A. Green (Cornell)).
Three of Rafael’s early co-authored articles with Pablo T. Spiller (A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, 6 J. Law, Economics & Organization 263 (1990); Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988, 23 Rand J. Economics 463 (1992); and The Political Economy of Supreme Court Constitutional Decisions: The Case of Roosevelt's Court-Packing Plan, 12 Int’l Rev. Law & Economics 45 (1992)), were cited in a variety of sources: Daniel B. Rodriguez & Barry R. Weingast, The Positive Political Theory of Legislative History: New Perspectives on The 1964 Civil Rights Act and its Interpretation, 151 Univ. Pennsylvania L. Rev. 1417 (2003); Richard A. Posner, The Institutional Dimension of Statutory and Constitutional Interpretation, 101 Michigan L. Rev. 952 (2003); Matthew C. Stephenson, “When The Devil Turns . . .”: The Political Foundations of Independent Judicial Review, 32 J. Legal Studies 59 (2003); Barry Friedman & Anna L. Harvey, Electing the Supreme Court, 78 Indiana L.J. 123 (2003); and in Terri Peretti, A Normative Appraisal of Social Scientific Knowledge Regarding Judicial Independence, 64 Ohio St. L.J. 349 (2003).
Mark’s article, Miranda’s Final Frontier: The International Arena: A Critical Analysis of U.S. v. Bin Laden, and a Proposal for a New Miranda Exception Abroad, 51 Duke L.J. 1703 (2002), was excerpted in the leading criminal procedure textbook, Yale Kamisar, Wayne R. LaFave, Jerold H. Israel, & Nancy King, Modern Criminal Procedure (West Group, 10th ed 2003), and critiqued and discussed at length in M.K.B. Darmer, Beyond bin Laden and Lindh: Confessions Law in an Age of Terrorism, 12 Cornell J. Law & Public Policy 319 (2003). His article, When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), was cited in Sara Ciarelli, Pre-arrest Silence: Minding That Gap Between Fourth Amendment Stops and Fifth Amendment Custody, 93 J. Criminal Law & Criminology 651 (2003).
Betsy’s article, Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Jared Hager, Bowling for Certainty: Picking up the Seven-Ten Split by Pinning Down the Reasonableness of Reassignment After Barnett, 87 Minnesota L. Rev. 2063 (2003).
Several of Brad’s articles were cited in leading books and law reviews: Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1998), in James J. Sample, The Sentences That Bind (The States), 103 Columbia L. Rev. 969 (2003); 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 Robert A. Shapiro & William W. Buzbee, Unidimensional Federalism: Power and Perspective in Commerce Clause Adjudication, 88 Cornell L. Rev. 1199 (2003), and Christopher H. Schroeder, Environmental Law, Congress, and the Court’s New Federalism Doctrine, 78 Indiana L.J. 413 (2003); Should State or Corporate Law Define Successor Liability?: The Demise of CERCLA’s Federal Common Law, 68 Univ. Cincinnati L. Rev. 1157 (2002), in Mustafa P. Ostrander, Suing Dissolved Corporations under CERCLA: Does State or Federal Capacity Law Apply?, 16 Tulane Envt’l L.J. 471 (2003); Is There a Private Cause of Action Under EPA’s Title VI Regulations?: The Need to Empower Environmental Justice Plaintiffs, 24 Columbia J. Envt’l Law 6 (1999), in the 2003 update to Linda A. Malone, Environmental Regulation of Land Use (West Group); Using Section 1983 to Enforce Title VI’s Section 602 Regulations, 49 Kansas L. Rev. 321 (2001), in Sam Spital, Restoring Brown’s Promise of Equality after Alexander v. Sandoval: Why We Can’t Wait, 19 Harvard Blackletter L.J. 93 (2003); and Protecting the Environment for Future Generations: A Proposal for a “Republican” Superagency, 5 New York Univ. Envt’l L.J. 444 (1996), in Dante B. Gatmaytan, The Illusion of Intergenerational Equity: Oposa v. Factoran as Pyrrhic Victory, 15 Geogia Int’l Envt’l L. Rev. 457 (2003) and in John C. Dernbach, Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, 27 William & Mary Envt’l Law & Policy Rev. 79 (2002).
Donna’s articles, Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio St. L.J. 1223 (1998), and 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), were cited in Marc I. Steinberg, Insider Trading Regulation--A Comparative Analysis, 37 Int’l Lawyer 153 (2003), and in the June 2003 pocket part of Thomas Lee Hazen, Law of Securities Regulation (West Group, 4th ed 2002).
Jim’s article, Dialogue with the Designers: Comparative Influences on Products Design Norms Imposed by Regulators and by the Third Restatement of Products Liability, 26 Northern Kentucky L.Rev. 655 (1999), was cited in Garcia v. Wyeth-Ayerst Laboratories, 265 F.Supp.2d 825 (2003).
Several of Michael’s books and articles were cited by a variety of authors and judges, including Shoring Up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 Boston Univ. L. Rev. 85 (1988) (with Richard B. Saphire), in Tennessee Valley Authority v. Whitman, 336 F.3d 1236 (11th Cir. 2003), and in Jerry L. Mashaw et al., Administrative Law: The American Public Law System (West Group, 5th ed. 2003); Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L.J. 51 (1992), in Andrew S. Bell, Forum Shopping and Venue in Transnational Litigation (Oxford University Press, 2003); Respecting State Courts (Greenwood Press, 1999) and The Supreme Court, Judicial Review, and the Public: Leadership Versus Dialogue, 11 Hastings Constitutional L.Q. 1 (1994) (both with James L. Walker), in Daniel R. Pinello, Gay Rights and American Law (Cambridge University Press, 2003); Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan E. Wheatley), in Lee Epstein et al., The Norm of Prior Judicial Experience and its Consequences for Career Diversity on the U.S. Supreme Court, 91 California L. Rev. 903 (2003), and in Lee Epstein et al., The Political (Science) Context of Judging, 47 St. Louis University L.J. 783 (2003); Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Constitutional L.Q. 213 (1983) (with James L. Walker), in Debra Lyn Bassett, The Hidden Bias in Diversity Jurisdiction, 81 Washington Univ. L.Q. 119 (2003); Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Court of Appeals Under Rule 23(f), 41 William & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines), in Michele Connell, Full Faith and Credit Clause: A Defense to Nationwide Class Action Certification?, 53 Case Western Reserve L. Rev. 1041 ( 2003); The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James L. Walker), in William G. Ross, The Resilience of Marbury v. Madison: Why Judicial Review Has Survived So Many Attacks, 38 Wake Forest L. Rev. 733 (2003), and in James J. Brudney, Recalibrating Federal Judicial Independence, 64 Ohio St. L.J. 149 (2003); The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), in Robin Paul Malloy, Framing the Market: Representations of Meaning and Value in Law, Markets, and Culture, 51 Buffalo L. Rev. 1 (2003), and in Roxanne Barton Conlin & Gregory S. Cusimano, ATLA’s Litigating Tort Cases (West Group, 2003); Diluting Justice on Appeal?: Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 Michigan J. Law Reform 351 (1995) (with Richard B. Saphire), in Joshua Glick, On the Road: The Supreme Court and the History of Circuit Riding, 24 Cardozo L. Rev. 1753 (2003); Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Studies 271 (1998) (with William M. Landes & Lawrence Lessig), and The Impact of Babcock v. Jackson: An Empirical Note, 56 Albany L. Rev. 273 (1993), in Jim Chen, Judicial Epochs in Supreme Court History: Sifting Through the Fossil Record for Stitches in Time and Switches in Nine, 47 St. Louis University L.J. 677 (2003); and Rethinking Exclusive Federal Jurisdiction, 52 Univ. Pittsburgh L. Rev. 383 (1991), in Bradford R. Clark, The Constitutional Structure and Jurisprudence of Justice Scalia, 47 St. Louis University L.J. 753 (2003).
Joe participated in the Annual Meeting of the American Constitution Society in Washington, D.C. He attended board meetings of the Cincinnati Bar Association, KnowledgeWorks Foundation, RISE Learning Solutions, Cincinnatus Association, and Mercantile Library. Joe made a presentation to the UC Foundation Board. He was quoted in the May 2003 update of The Law of Zoning and Planning (Clark Boardman Callaghan). Joe spent three wonderful weeks in Tuscany amid indescribable art and enjoying equally indescribable Brunello.
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