Faculty News

Faculty News
April 2004

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

In This Issue

Marjorie Aaron
Marjorie and Adjunct Professor Jim Lawrence coached Tracy Fowkes and Bryan Hawkins, who won the national Representation in Mediation Competition in New York City, sponsored by the ABA Section of Dispute Resolution (www.law.uc.edu/intranet/news/adr040601.html). She taught a three-day mediation workshop at the CPR Institute for Dispute Resolution Conference in New Orleans and presented Mediation Ethics at the Rendigs Fry law firm.

Marjorie’s article, Using Evaluations in Mediation, 52 Dispute Resolution J. 26 (1997) (with Dwight Golann), was cited in Amy J. Schmitz, Refreshing Contractual Analysis of ADR, Agreements by Curing Bipolar Avoidance of Modern Common Law, 9 Harvard Negotiation L. Rev. 1 (2004).

Marianna Bettman
Marianna wrote her monthly Israelite column on the recent U.S. Supreme Court case of Locke v. Davey, which held that a Washington state program that refused to provide funds to college students to purse a theology degree did not violate the First Amendment’s Free Exercise Clause. She spoke on Medical Malpractice at the monthly meeting of the UC Business of Medicine Club. She attended the first meeting of the Ohio Supreme Court Rules Advisory Committee.

Joseph Biancalana
Joseph’s article, Contractual Penalties in the King’s Courts, 1260-1360, was accepted for publication in the Cambridge Law Journal.

Kristin Kalsem
Kristin co-hosted (with Verna Williams) the Women’s Work Is Never Done: Employment, Family, and Activism Symposium at the College of Law under the auspices of the joint degree program in Law and Women’s Studies (www.law.uc.edu/current/ws040408/index.html). She attended a planning committee meeting at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005).

Chris Bryant
Chris debated Dr. John Forren (Miami University) on the First Amendment issues raised in the pending U.S. Supreme Court case of Elk Grove Unified School District v. Newdow as part of Congressman Steve Chabot’s Congressional Youth Delegation for distinguished high school juniors and seniors. He was cited in Respondent’s brief in the Rumsfeld v. Padilla case pending in the U.S. Supreme Court.

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 Victor Goldfeld, Legislative Due Process and Simple Interest Group Politics: Ensuring Minimal Deliberation through Judicial Review of Congressional Processes, 79 New York Univ. L. Rev. 367 (2004).

Paul Caron
Paul published What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483 (2004) (with Rafael Gely).

On April 15 (get it?), Paul launched TaxProf Blog (http://taxprof.typepad.com), a combination web site and blog with permanent resources and daily information for law school tax professors. TaxProf Blog is off to a great start, with over 10,000 “hits” in its first two weeks. Paul offers two other resources for law school tax professors through his TaxProf web site (www.law.uc.edu/taxprof).

Paul’s use of wireless handheld transmitters in his classes was profiled in the April 29 New York Times (Katie Hafner, In Class, the Audience Weighs In; Instant Feedback with Wireless Keypads Keep Lectures Lively, at G1 (www.nytimes.com/2004/04/29/technology/circuits/29hand.html). He discusses the use of this technology in his forthcoming article, Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. of Legal Educ. (2004) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=527522) (with Rafael Gely).

Foundation Press approved the 14th book in Paul’s Law Stories series: Family Law Stories (Carol Sanger (Columbia)). He published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 5, nos. 13-16) and Practitioner Series (vol. 4, nos. 13-16) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 4, no. 4) (co-edited with Robert A. Green (Cornell)). Paul’s article, Back to the Future: Teaching Law Through Stories, 71 Univ. Cincinnati L. Rev. 405 (2002) (symposium), was cited in Assaf Likhovski, The Duke and the Lady: Helvering v. Gregory and the History of Tax Avoidance Adjudication, 25 Cardozo L. Rev. 953 (2004).

Rafael Gely
Rafael published What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483 (2004) (with Paul Caron).

Several of Rafael’s articles were cited in prestigious journals: A Rational Choice Theory of Supreme Court Statutory Decisions, 6 J. L., Economics & Organization 263 (1990) (with Pablo T. Spiller), and Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1948-1988, 23 Rand J. Economics 463 (1992) (with Pablo T. Spiller), in Bruce G. Peabody, Congressional Constitutional Interpretation and the Courts: A Preliminary Inquiry into Legislative Attitudes, 1959-2001, 29 Law & Social Inquiry 127 (2004); and Striker Replacements: A Law, Economics, and Negotiations Approach, 68 Southern California L. Rev. 363 (1995) (with Leonard Bierman), in Ellen Dannin, From Dictator Game to Ultimatum Game . . . and Back Again: The Judicial Impasse Amendments, 6 Univ. Penn. J. Labor & Employment L. 241 (2004).

Mark Godsey
Mark was awarded the 2004 Goldman Prize for Excellence in Teaching. He attended the National Innocence Project Conference in Austin. Mark was quoted in Builder Wants Lighter Penalty, Cincinnati Post, April 10, www.cincypost.com/2004/04/10/erp04-10-2004.html; and Experts: Deal Likely Won’t Cut Sentence, Cincinnati Post, March 30, www.cincypost.com/2004/03/30/erp033004.html.

Emily Houh
Emily presented a paper (Stereotype Reification and Reasonable Expectations in Contract Law) and chaired a panel (Deconstructing the “Image Repertoire” of Women of Color in the Law) at the 2004 Latina/o Critical Race Theory Conference at Villanova. She participate in a Roundtable Discussion about legal scholarship at the Equal Justice Society Third Annual National Conference at Michigan. Emily attended a planning committee meeting at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005). Her article, Critical Interventions: Toward an Expansive Equality Approach to Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Robin Paul Malloy, Law in a Market Context: An Introduction to Market Concepts in Legal Reasoning (Cambridge University Press, 2004).

Betsy Malloy
Two of Betsy’s articles were cited in prestigious law reviews: Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Alicia R. Ouellette, When Vitalism is Dead Wrong: The Discrimination against and Torture of Incompetent Patients by Compulsory Life-sustaining Treatment, 79 Indiana L. J. 1 (2004); and Recalibrating the Cost of Harm Advocacy: Getting Beyond Brandenburg, 41 William & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski, Jr.), in Lori Weiss, Is the True Threats Doctrine Threatening the First Amendment? Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists Signals the Need to Remedy an Inadequate Doctrine, 72 Fordham L. Rev. 1283 (2004).

Brad Mank
Brad’s article, Are Anti-Retaliation Regulations in Title VI or Title IX Enforceable in a Private Right of Action: Does Sandoval or Sullivan Control This Question?, was accepted for publication in the Seton Hall Law Review. His op-ed, “Takings” Can Be an Appropriate Way To Stop Decline, was published in the April 18 Cincinnati Enquirer. (www.enquirer.com/editions/2004/04/18/editorial_ed2a.html). He appeared on the Newsmakers Program on WKRC-Channel 12 and discussed the City of Norwood’s use of eminent domain. The program is hosted by Dan Hurley, the father of 1L Kieran Hurley.

Brad’s article, The Environmental Protection Agency's Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization, 25 Ecology L.Q. 1 (1998), was cited in Daniel C. Esty, Environmental Protection in the Information Age, 79 New York Univ. L. Rev. 115 (2004).

Jim O’Reilly
Two of Jim’s articles were accepted for publication: FOIA and Fighting Terror: The Elusive Nexus Between Public Access and Terrorist Attack, in the Louisiana Law Review; and Diminished Expectations of Food Safety, in the Food & Drug Law Journal. He participated in the Food & Drug Law Institute’s Annual Meeting. Jim was interviewed on FDA preemption issues by Fortune magazine and the Denver Post. He was named to the Homeland Security Committee of the OKI Regional Council of Governments.

Ronna Schneider
Ronna published Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004) (2 volumes). She participated on panels Celebrating Brown v. Board of Education at West Group in Minneapolis and at UC.

Michael Solimine
Michael received the 2004 Outstanding Alumni Award of the Wright State University, College of Liberal Arts, Department of Political Science, at a dinner held in honor of the recipients of the departmental awards. Several of Michael’s writings were cited in prestigious law reviews: Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood Press, 1999) and Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Const’l L.Q. 213 (1983) (both with James L. Walker), in Michelle T. Friedland, Disqualification or Suppression: Due Process and the Response to Judicial Campaign Speech, 104 Columbia L. Rev. 563 (2004); and The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), in Lonny Sheinkopk Hoffman, The Case Against Vicarious Jurisdiction, 152 Univ. Penn. L. Rev. 1023 (2004), and James Weinstein, The Federal Common Law Origins of Judicial Jurisdiction: Implications for Modern Doctrine, 90 Virginia L. Rev. 169 (2004).

Suja Thomas
Suja presented The Judiciary, Separation of Powers, and Judicial Review at Boston College as part of the College of Law’s Scholar Exchange Program.

Joe Tomain
Joe attended the Legacy of Brown v. Board of Education Conference at Yale Law School (http://islandia.law.yale.edu/brownconference/index.htm) and delivered the keynote address at UC’s Brown v. Board of Education Conference. He hosted the ABA/AALS Site Visit Team during their four-day visit to the College of Law. Joe attended Board meetings of Ohio State Bar Foundation, KnowledgeWorks Foundation, Center for Chemical Addictions Treatment, and Cincinnati Bar Association. He gave the welcoming address and participated in the Women’s Work Is Never Done: Employment, Family, and Activism Symposium at the College of Law (www.law.uc.edu/current/ws040408/index.html). Joe participated in the Regional Law Firm Group Meeting hosted by Dinsmore & Shohl. He moderated a panel on Censorship and Opera (www.law.uc.edu/current/huc040425). Joe hosted the annual Spring Alumni Luncheon.

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. 2003-04 Supp.). He was quoted in an April 6 Cincinnati Enquirer editorial on local control over gun shops in Kentucky.

Verna Williams
Verna was awarded the 2004 Goldman Prize for Excellence in Teaching. She delivered a lecture on Single Sex Education, Race, and Gender at Tennessee as part of its series, Equity and Opportunities for Women: Initiatives in Law and Public Policy (http://web.utk.edu/~wstudy/events_speakers2004.php). Other speakers in the Series were Adrienne Davis (North Carolina) and Martha Chamallas (Ohio State). Verna co-hosted (with Kristin Brander) the Women’s Work Is Never Done: Employment, Family, and Activism Symposium at the College of Law under the auspices of the joint degree program in Law and Women’s Studies (www.law.uc.edu/current/ws040408/index.html). She attended a planning committee meeting at the College of Law sponsored by the Ford Foundation in preparation for the upcoming women and the law conference (tentatively scheduled for February 2005).

Ingrid Wuerth
Ingrid was awarded the 2004 Goldman Prize for Excellence in Teaching. She attended the American Society of International Law Conference in Washington, D.C. Ingrid’s forthcoming article, The President’s Power to Detain “Enemy Combatants”: Modern Lessons from Mr. Madison’s Forgotten War, 98 Northwestern Univ. L. Rev. ___ (2004) (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=467344), was cited in an amicus brief to the U.S. Supreme Court in Rumsfeld v. Padilla.

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