Faculty News

Faculty News
October 2003

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

In This Issue

Marjorie Aaron
Marjorie conducted an internal negotiation competition to select two teams to represent the College of Law at the midwestern regionals for the ABA negotiation competition. Twenty three Cincinnati lawyers served as judges and 31 students negotiated through two competition rounds. With the assistance of adjunct professor Jim Lawrence, she has begun coaching our two winning teams in preparation for the regionals on November 8-9 in Louisville. Marjorie also taught a two hour CLE program on Mediation Ethics for the Cincinnati Bar Association. Her article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litigation 71 (1996) (with David P. Hoffer), was cited in the October 2003 update of Robert L. Haig, Successful Partnering Between Inside and Outside Counsel (West Group, 2000).

Marianna Brown Bettman
Marianna spoke on The Problems with Electing Judges in Ohio at the Isaac M. Wise Temple. She wrote her monthly Israelite column on State v. Brown, a case in which the Ohio Supreme Court departed from its usual custom in following the U.S. Supreme Court’s Fourth Amendment jurisprudence and instead held that a full custodial arrest for the minor misdemeanor of jaywalking violates the Ohio Constitution’s prohibition against unreasonable searches and seizures. Marianna served as a panelist on a Cincinnati Bar Association CLE ethics program.

Kristin Kalsem
Kristin’s article, Looking for Law in all the “Wrong” Places: Outlaw Texts and Early Women’s Advocacy, was accepted for publication in the Southern California Review of Law and Women’s Studies.

Chris Bryant
Chris lectured and led a discussion among over one-hundred secondary school teachers at the 13th annual Law and Citizenship Conference sponsored by the Ohio Center for Law-Related Education and held in Columbus, OH. He addressed the history and contours of the privilege against self-incrimination, which will be the focus of a state-wide mock-trial program for high school students in the coming year.

Chris’s articles, Quirin Revisited, 2003 Wisconsin L. Rev. 309 (with Carl Tobias), and Youngstown Revisited, 29 Hastings Constitutional L.Q. 373 (2002) (with Carl Tobias), were cited in Louise Weinberg, Our Marbury, 89 Virginia L. Rev. 1235 (2003) and in Raquel Aldana-Pindell, The 9/11 “National Security” Cases: Three Principles Guiding Judges’ Decision-making, 81 Oregon L. Rev. 985 (2002)

Paul Caron
Paul’s review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Rafael Gely), was accepted for publication in the Texas Law Review.

Kim Brooks wrote a favorable review of Paul’s Tax Stories book in 28 Queen’s L.J. 705 (2003), concluding that it “both articulates the fundamental debates in designing and interpreting an income tax and at the same time is an enjoyable read. A rare compliment for a tax book.”

Foundation Press added the eleventh book in Paul’s Law Stories Series: Immigration Law Stories (Peter H. Schuck (NYU) & David A. Martin (Virginia)). LexisNexis Group added the fifth book in Paul’s Graduate Tax Series: Bankruptcy Taxation (Frances R. Hill (Miami) & William H. Lyons (Nebraska)).

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: five issues each of Tax Law & Policy (vol. 4, nos. 37-41) and Practitioner Series (vol. 3, nos. 37-41) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 3, no. 12) (co-edited with Robert A. Green (Cornell)). He attended the AALS Faculty Recruitment Conference in Washington, D.C. as a member of the College of Law’s Faculty Appointments Committee.

Rafael Gely
Rafael’s review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Paul Caron), was accepted for publication in the Texas Law Review.

His article, Restricting Public Employees’ Political Activities: Good Government or Partisan Politics?, 37 Houston L. Rev. 775 (2000) (with Timothy D. Chandler), was cited in Jeremy Paul, Free States Or Red States: The Supreme Court’s Role in Recent Election Law Disputes, 35 Connecticut L. Rev. 1535 (2003).

Mark Godsey
Mark presented The Innocence Revolution and Our Evolving Standards of Decency in Death Penalty Jurisprudence at the annual Gilvary Symposium sponsored by the University of Dayton Law Review.

Emily Houh
Emily presented The False Dichotomy of the Justice and Economic Approaches to the Implied Obligation of Good Faith in Contract Law at the Conference of Asian Pacific American Law Faculty at Boston College Law School and at DePaul University College of Law. She attended the AALS Faculty Recruitment Conference in Washington, D.C. as a member of the College of Law’s Faculty Appointments Committee.

Bert Lockwood
Bert served as rapporteur to the annual meeting of the principal human rights official in the foreign ministries of 25 Western Governments in Warsaw, Poland. He spent a week in residence at USC Law School and Political Science Department, where he gave a lecture, attended classes, and held a range of meetings with faculty and students.

Betsy Malloy
Betsy’s article, Overcoming Garrett’s Obstacles: An “As Applied” Saving Construction for the ADA’s Title II (with Tim Cahill, Class of 2003), will be published as part of a disability law symposium in the Wake Forest Law Review.

Donna Nagy
Donna attended the AALS Faculty Recruitment Conference in Washington, D.C. as chair of the College of Law’s Faculty Appointments Committee.

Jim O’Reilly
Jim published Libels on Government Websites: Exploring Remedies for Federal Internet Defamation, 55 Administrative L. Rev. 507 (2003).

His article, FDA and Counter-Terrorism, was accepted for publication in the NYU Annual Survey of American Law. Jim hosted a session on Judicial Review of Administrative Agencies with The Honorable John Rogers of the U.S. Court of Appeals for the Sixth Circuit. His book, Federal Information Disclosure (3d ed. 2000), was cited in Schmidt v. U.S. Dept. of Veterans Affairs, ___ F.Supp.2d ___, 2003 WL 22346323 (2003).

Bill Rands
Bill’s article, Corporate Tax: The Agony and the Ecstasy, was accepted for publication in the Nebraska Law Review.

Michael Solimine
Michael moderated a panel discussion at the College of Law, co-sponsored by the Center for Law and Justice, and the Black Law Students Association, on Racial Diversity and Judicial Elections in Cincinnati on the tenth anniversary of the resolution of Mallory v. Eyrich, involving voting districts for elections to the Hamilton County Municipal Court (www.law.uc.edu/current/clj031009/index.html). He completed an essay on Republican Party of Minnesota v. White, 536 U.S. 765 (2002), concerning the First Amendment and state judicial elections, for the second edition of The Oxford Companion to the Supreme Court of the United States (Oxford University Press).

Two of his articles were cited in prestigious journals: The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple Law Review 425 (1992) (with Walker), in Daniel J. Meltzer, The Supreme Court's Judicial Passivity, 2002 Supreme Court Review 343; and An Economical and Empirical Analysis of Choice of Law, 24 Georgia L. Rev. 949 (1989), in Horatia Muir Watt, Choice of Law in Integrated and Interconnected Markets: A Matter of Political Economy, 9 Columbia J. European L. 383 (2003). Michael attended the AALS Faculty Recruitment Conference in Washington, D.C. as a member of the College of Law’s Faculty Appointments Committee.

Joe Tomain
Joe attended the AALS Faculty Recruitment Conference in Washington, D.C. with the College of Law’s Faculty Appointments Committee.

Verna Williams
Verna’s article, Reform or Retrenchment? Single Sex Education and the Construction of Race and Gender, was accepted for publication in the Wisconsin Law Review.

She spoke at the conference on Ethics, Law, and Affirmative Action in America held at the College of Law (www.law.uc.edu/current/aa031007/index.html). She presented Reform or Retrenchment: Single Sex Education and the Construction of Race and Gender at Northern Kentucky-Chase Law School.

Ingrid Wuerth
Ingrid attended the AALS Faculty Recruitment Conference in Washington, D.C. as a member of the College of Law’s Faculty Appointments Committee.

For past issues, visit the Faculty News Archive.