Edited by Paul
Charles Hartsock Professor of Law and
Director of Faculty Projects
Marianna Brown Bettman
Marianna presented Highlights of the Past Term of the Ohio Supreme Court:
June 2002-June 2003 to the 2003 Ohio Judicial Conference in Columbus. She
an op-ed in the Cincinnati Post on Lawrence v. Texas (Legal World is Taking
Steps for Gay Rights).
Three of Chris’s articles (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); Stopping Time: The
Pro-slavery and “Irrevocable” Thirteenth Amendment, 26 Harvard
J.L. & Public Policy 501 (2003); and Youngstown Revisited, 29
Hastings Constitutional L.Q. 373 (2002) (with Carl Tobias)) were cited in Carl
Tobias, Unmasking Federalism, 88 Cornell L. Rev. 1833 (2003).
Paul completed an article, Affirmative Refraction: Grutter v. Bollinger Through
the Lens of The Case of The Speluncean Explorers (with Rafael Gely). He
signed a contract with Foundation Press for Labor Law Stories (Laura
J. Cooper (Minnesota) & Catherine L. Fisk (USC), Editors), as part
of his Law Stories series.
Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com:
four issues each of Tax Law & Policy (vol. 4, nos. 33-36) and Practitioner
Series (vol. 3, nos. 33-36) (both co-edited with Joseph Bankman (Stanford)),
and two issues of International & Comparative Tax (vol. 3, nos.
10-11) (co-edited with Robert A. Green (Cornell)).
Rafael completed an article, Affirmative Refraction: Grutter v. Bollinger Through
the Lens of The Case of the Speluncean Explorers (with Paul Caron).
Mark organized a forum on Death Penalty Perspectives Part I: The Journey
of Hope at the College of Law on Sept. 29 (www.law.uc.edu/current/clj030929/index.html).
He was quoted in Ohio’s Innocence Project Takes First Cases, Cincinnati
Enquirer, Sept. 18, 2003, at 1 (www.enquirer.com/editions/2003/09/18/loc_innocenceproject18.html),
and in Not Guilty?, Cincinnati Post, Sept. 17, 2003, at A1 (www.cincypost.com/2003/09/17/innoc091703.html).
Mark appeared on Channel 9 News and discussed Ohio's recent ratification of
the 14th Amendment to the U.S. Constitution, an effort that was initiated and
spearheaded by the Center for Law and Justice. Mark and several fellows of
the Center for Law and Justice attended the 14th Amendment ratification ceremony
in the statehouse in Columbus, at which Governor Taft and several other public
officials praised the Center for Law and Justice’s efforts. Mark was
invited to speak at an upcoming symposium at the University of Dayton Law School
on the impact of the innocence revolution on our “evolving standards
of decency” in death penalty jurisprudence.
Bert welcomed Visiting Scholar Gennadly Tokarev to the Urban Morgan Institute
for Human Rights.
Brad’s article, Can Congress Regulate Interstate Species Under the
Commerce Clause?, was accepted for publication in the Brooklyn Law Review.
Several of Brad’s article were cited in prestigious 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 Robert W. Scheef, Temporal Dynamics in Statutory Interpretation:
Courts, Congress, and the Canon of Constitutional Avoidance, 64 U. Pittsburgh
L. Rev. 529 (2003); A Survey of Federal Agency Response to President Clinton’s
Executive Order No. 12898 on Environmental Justice, 31 Envt’l L.
Rep. 11,133 (2001), in Noël Wise, To Debate or to Rectify Environmental
Injustice: A Review of Faces of Environmental Racism, 30 Ecology L.Q.
353 (2003); and What Comes After Technology: Using an “Exceptions
Process” to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13
Stanford Envt’l L.J. 263 (1994), was cited in Patricia Ross McCubbin, Amending
The Clean Air Act to Establish Democratic Legitimacy For The Residual Risk
Program, 22 Virginia Envt’l L.J. 1 (2003).
Jim O’Reilly ran unopposed for Wyoming City Council and takes office
Dec. 1. He spoke to the Cincinnati Bar Association on the Patriot Act.
Bill completed an article, Corporate Tax: The Agony and the Ecstasy. Two of
his questions were selected for use on the California bar exam.
Michael published Building a Better Jury: Reforming Jury Pool Selection in
Ohio, 17 Ohio Lawyer 6 (Sept/Oct 2003) (with Rebecca Klein, Class of 2004),
and was the lead author of a Report of the Center for Law and Justice, Judicial
Selection in Ohio: History, Recent Developments, and an Analysis of Reform Proposals (www.law.uc.edu/clj/judseloh0309.pdf)(with
Center fellows Carrie Chavez, Tom Pulley & Lee Sprouse).
Several of Michael’s works were cited in prestigious sources: Formalism,
Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101
Michigan L. Rev. (forthcoming), in the 2003 Supplement to Richard H.
Fallon, et al., Hart & Wechsler’s The Federal Courts and
the Federal System (5th ed. 2003); Newsmagazine Coverage of
the Supreme Court, 57 Journalism Quarterly 661 (1980), in Rorie
L. Spill & Zoe M. Oxley, Philosopher Kings or Political Actors?:
How the Media Portray the Supreme Court, 87 Judicature 22 (2003); State
Court Regulation of Offers of Judgment and Its Lessons for Federal Practice, 13
Ohio St. J. on Dispute Resolution 51 (1997) (with Pacheco), in Anna Aven
Sumner, Note, Is the Gummy Rule of Today Truly Better Than the Toothy
Rule of Tommorow? How Federal Rule 68 Should be Modified, 52 Duke
L.J. 1055 (2003); Respecting State Courts: The Inevitability of Judicial
Federalism (Greenwood 1999) (with Walker), Revitalizing Interlocutory
Appeals in the Federal Courts, 58 George Washington L. Rev. 1165
(1990), and Deciding to Decide: Class Action Certification and Interlocutory
Review by the United States Courts of Appeals Under Rule 23(f), 41
William & Mary Law Review 1531 (2000) (with Hines), in Rebecca A.
Cochran, Federal Court Certification of Questions of State Law to
State Courts: A Theoretical and Empirical Study, 29 Journal of Legislation
Suja’s article Re-Examining the Constitutionality of Remittitur Under
the Seventh Amendment, 64 Ohio St. L.J. 794 (2003), was featured in the
Jur-E-Bulletin (Sept. 12, 2003) published by the National Center for State
Joe attended board meetings of the Cincinnati Bar Association, KnowledgeWorks
Foundation, RISE Learning Solutions, Ohio Legal Assistance Foundation, and
Mercantile Library. He made presentations on the role and development of
a non-profit board at the Ohio College Access Network (OCAN) annual meeting,
and on Grutter v. Bollinger at the National Academy of Public Administration,
Standing Panel on Social Equity in Governance, Third Social Equity Leadership
With a bit of help from Billy Williams, John Levy, and Don Blair, Joe’s
4-man team won the College of Law’s 11th Annual Trial by Golf (www.law.uc.edu/alumni/reunion03/golfresults.html).
He held lunches with individual sections of the first year class. Joe published
a guest editorial in the Cincinnati Post, National Energy Policy and
the Northeast Blackout. He was elected Scholar to the Center for Progressive
Verna presented Reform or Retrenchment: Single Sex Education and the Construction
of Race and Gender, at a conference on Exploring Key Concepts in Feminist
Legal Theory: Race and Ethnicity at Cornell Law School
Ingrid’s article, Presidential Power to Detain U.S. Citizens as Enemy
Combatants: Modern Lessons from Mr. Madison’s Forgotten War, was
accepted for publication in the Northwestern University Law Review.
For past issues, visit the Faculty