Faculty News

Faculty News
March 2004

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

In This Issue

Marjorie Aaron
Marjroie ran the Midwest Regionals of the Representation in Mediation Competition of the ABA Section on Dispute Resolution at the College of Law. UC law students Bryan Hawkins and Tracy Fowkes won the competition, beating out nine other teams from four other law schools (http://www.law.uc.edu/intranet/news/adr040407.html). She presented Mediating Without Mistakes to intellectual property law attorneys at Procter & Gamble.

Marianna Bettman
Marianna wrote her monthly Israelite column on gay marriage. She chaired the Truman Scholarship Foundation Panel, which awarded scholarships to candidates from Ohio, Kentucky, and Indiana. Other panelists were the Presidents of Xavier and Miami Universities, the Treasurer of the Commenwealth of Kentucky and Cincinnati Council Member and Administrative Director of the Ohio Innocence Project John Cranley, a past Truman Scholarship winner.

Kristin Kalsem
Kristin presented Looking For Law in All the “Wrong” Places at the Law, Culture and Humanities conference at the University of Connecticut Law School. She participated in the Potter Stewart Inn of Court presentation on Bankruptcy.

Chris Bryant
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 Carl Tobias, From a Cattle Ranch to the Supreme Court Lazy B: Growing up on a Cattle Ranch in the American Southwest, 35 Arizona State L. J. 1385 (2004).

Paul Caron
Paul’s article, Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning (with Rafael Gely), was accepted for publication in the Journal of Legal Education, the peer-reviewed journal of the AALS edited by Carrie Menkel-Meadow & Mark Tushnet of Georgetown.

Paul’s forthcoming review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Rafael Gely) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402, to be published in 82 Texas L. Rev. ___ (May 2004), is the most downloaded article of the 700-plus articles posted by law professors on the Legal Scholarship Network in the February 1- April 1 period (.http://papers.ssrn.com/toptens/tt_ntwk_201_r_60.html).

Foundation Press approved the 13th book in Paul’s Law Stories series, Legal Ethics Stories (David J. Luban (Georgetown) & Deborah L. Rhode (Stanford)). He published several issues of his Tax Law Abstractse-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 5, nos. 9-12) and Practitioner Series (vol. 4, nos. 9-12) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax(vol. 4, no. 3) (co-edited with Robert A. Green (Cornell)). Two of Paul’s articles were cited in prestigious journals: Tax Myopia, or Mamas Don’t Let Your Babies Grow Up to be Tax Lawyers, 23 Virginia Tax Rev. 517 (1994), in Gregg D. Polsky, Can Treasury Overrule the Supreme Court?, 84 Boston Univ. L. Rev. 185 (2004); and Tax Court Fumbles Substance-Over-Form Ball in Estate of Brown, 75 Tax Notes 1240 (1997), in Brant J. Hellwig, Revisiting Byrum, 23 Virginia Tax Rev. 275 (2003).

Rafael Gely
Rafael’s article, Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning (with Paul Caron), was accepted for publication in the Journal of Legal Education, the peer-reviewed journal of the AALS edited by Carrie Menkel-Meadow & Mark Tushnet of Georgetown.

Rafael’s forthcoming review essay, What Law Schools Can Learn From Billy Beane and the Oakland Athletics (with Paul Caron) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501402, to be published in 82 Texas L. Rev. ___ (May 2004), is the most downloaded article of the 700-plus articles posted by law professors on the Legal Scholarship Network in the February 1- April 1 period (http://papers.ssrn.com/toptens/tt_ntwk_201_r_60.html).

Mark Godsey
Mark acted as lead counsel in a case in the Common Pleas Court in Canton, Ohio, in which the Ohio Innocence Project filed a 51-page brief seeking the exoneration and release of inmate Christopher Bennett. Mark presided at a press conference at the College of Law showcasing the DNA evidence and new witness testimony uncovered by College of Law students.

Mark was quoted in Erpenbeck’s Victims Get Their Say, Cincinnati Enquirer, March 18, 2004, at B1 (www.enquirer.com/editions/2004/03/18/biz_erpenbeck18.html), and in Students Get New Evidence, Cincinnati Enquirer, March 10, 2004, at B1 (www.enquirer.com/editions/2004/03/10/loc_innocencebox1.html).

Brad Mank
Several of Brad’s articles were cited in prestigious journals: 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 Jim Chen, Webs of Life: Biodiversity Conservation as a Species of Information Policy, 89 Iowa L. Rev. 495 (2004); Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1997-1998), and Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking is Better than Judicial Literalism, 53 Washington & Lee L. Rev. 1231 (1996), in Brian G. Slocum, The Immigration Rule of Lenity and Chevron Deference, 17 Georgetown Immigration L. J. 515 (2003); and Protecting the Environment for Future Generations: A Proposal for a “Republican” Superagency, 5 N.Y.U. Envt’l L.J. 444 (1996), in James L. Connaughton, Modernizing the National Environmental Policy Act: Back to the Future, 12 N.Y.U. Envt’l L. J.1 (2003).

Donna Nagy
Donna’s article, Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio St. L.J. 1223 (1998), and her book, Securities Litigation and Enforcement: Cases and Materials (West Group, 2003) (with Richard W. Painter (Illinois) & Margaret V. Sachs (Georgia)), were cited in Joan Macleod Heminway, Save Martha Stewart? Observations about Equal Justice in U.S. Insider Trading Regulation, 12 Texas J. Women & L. 247 (2003).

Jim O’Reilly
Jim published Lawyer’s Guide to Elder Injury & Accident Compensation (ABA Press, 2d ed. 2004). He presented a paper at LSU’s Symposium on Homeland Security Law, at Manufacturers’ Environment Health & Safety Symposium, and the Cincinnati Bar Association’s Environmental Conference. Jim debated Congressman Keller on products liability on the CNBC program Street Smart. He was extensively quoted and pictured in a National Law Journal article on FDA preemption issues. Jim’s book, Food and Drug Administration (Shepard’s/McGraw-Hill, 2nd ed., 1993), was cited in In re Grand Jury Subpoena, 2004 WL 515651 (D. Mass, 2004).

Bill Rands
Bill’s article, Domination of a Subsidiary by a Parent, 32 Indiana L. Rev. 421 (1999), was cited in Katherine D. Kale, Securitizing the Enterprise: Enterprise Liability and Transferred Receivables in Bankruptcy, 20 Bankruptcy Dev. J. 311 (2003)

Michael Solimine
Michael moderated a panel on the Cincinnati Racial Profiling Litigation at a conference, Yesterday to Tomorrow: The Changing Role of the Federal Court in Ohio’s Southern District, at the University of Dayton School of Law. His book, Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood, 1999) (with James Walker), was cited in James A. Gardner, State Constitutional Rights as Resistance to National Power: Toward a Functional Theory of State Constitutions, 91 Georgetown L.J. 1003 (2003), and in David W. Romero & Francine Sanders Romero, Precedent, Parity, and Race Discrimination: A Federal/State Comparison of the Impact of Brown v. Board of Education, 37 Law & Society Rev. 809 (2003).

Suja Thomas
Suja’s article, The Seventh Amendment, Modern Procedure and the English Common Law, was accepted for publication in the Washington University Law Quarterly.

Joe Tomain
Joe submitted a revised edition of his book, Energy Law in a Nutshell (West Group), to the publisher. He presented Addressing the Education Needs of At-Risk Children at the Oxford Round Table in England. Joe testified on P-16 Education Systems before the U.S. House of Representatives, Committee on Appropriations, Subcommittee on Labor, Health and Human Services, Education and Related Agencies.

Joe participated in the annual Bench-Bar-Deans conference in Millersburg, Ohio. He presented opening remarks for a Low Wage Workers conference in Columbus. He attended board meetings of the Mercantile Library and Cincinnati Bar Association. Joe hosted a luncheon and reception for Innocence Project donors.

Joe’s article, Institutionalized Conflict Between Law and Policy, 22 Houston L.Rev. 661 (1985), was cited in Charles H. Koch, Administrative Law and Practice (West Group, 2nd ed., 2002-03 Sypp.). His article, Land Use Mediation for Planners, 7 Mediation Q. (1989), was cited in Edward H. Ziegler et al., The Law of Zoning and Planning (Clark Boardman Callaghan, 2004 Supp.).

Verna Williams
Verna delivered a paper on single sex education as part of a Race, Gender, and Institutional Culture panel at the Law, Culture and Humanities conference at the University of Connecticut Law School. She also spoke on single sex education at a conference on Title IX and Gender Equity in Education: The Unfinished Agenda at the University of Pittsburgh Law.

Ingrid Wuerth
Ingrid was an invited speaker at a conference on International Law and Practice in American Constitutionalism at the University of Virgina (www.law.virginia.edu/lawweb/lawweb2.nsf/pages/lev2calc?OpenDocument&Fr1=zzzlawnotes2.law.virginia.edu/lawweb/event1.nsf/WABW&Fr2=/home2002/frames/lf_News.htm ). She completed a solicited contribution on Ex parte Milligan for the Encyclopedia of American Civil Liberties.

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