Faculty News
November 2004 Issue
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| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
Paul
celebrated the 6-month
anniversary of his launch of TaxProf
Blog, a combination web site
and blog with permanent resources and daily information for
tax professors which has attracted over 175,000
visitors.
Paul launched four new blogs as part of his Law
Professor Blogs Network:
•
AntitrustProf
Blog
Editor: Shubha Ghosh (SUNY Buffalo)
•
CrimProf Blog
Editors: Jack Chin (Arizona) & Mark Godsey (Cincinnati)
•
LaborProf Blog
Editor: Rafael Gely (Cincinnati)
•
White Collar
Crime Prof Blog
Editors: Peter Henning (Wayne State) & Ellen Podgar (Georgia State)
Foundation Press approved the 17th book in Paul’s
Law
Stories Series:
Employment Discrimination Stories (Joel W. Friedman (Tulane)).
Paul’s article, What Law Schools Can Learn from
Billy Beane and the Oakland Athletics, 82 Texas L.
Rev. 1483 (2004) (with Rafael Gely), was cited in Jim Chen,
The
Nature of the Public Utility: Infrastructure, the Market,
and the Law,
98 Northwestern Univ. L. Rev. 1617 (2004).
Paul published several issues of his Tax Law Abstracts (www.ssrn.com)
e-journals:
•
4 issues of Tax Law & Policy (vol. 5, nos. 37-40).
•
4 issues of Practitioner Series (vol. 4, nos. 37-40).
•
1 issue of International & Comparative Tax (vol. 4, no.10)
(co-edited with Robert A. Green (Cornell)).
Profile
of Professor Caron
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| Rafael Gely Professor of
Law
Several
of Rafael’s articles were cited in prestigious law
reviews:
•
What Law Schools Can Learn from Billy Beane and the
Oakland Athletics, 82 Texas L. Rev. 1483 (2004) (with
Paul Caron), in Jim Chen, The
Nature of the Public Utility: Infrastructure,
the Market, and the Law, 98 Northwestern Univ. L. Rev. 1617 (2004).
•
Of Sinking and Escalating: A (Somewhat) New Look at
Stare Decisis, 60 Univ. Pittsburgh L. Rev. 89 (1998),
in David S. Schwartz, Correcting Federalism Mistakes
in Statutory
Interpretation: The Supreme Court and the Federal Arbitration
Act,
67 Law & Contemporary Problems 5 (2004).
•
A Rational Choice Theory of Supreme Court Statutory
Decisions with Applications to the State Farm and Grove City Cases, 6 J. L., Econ., & Org. 263 (1990) (with Pablo T. Spiller),
Congressional Control or Judicial Independence: The
Determinants of U.S. Supreme Court Labor-Relations Decisions,
1949-1988, 23 Rand J. Econ. 463 (1992) (with Pablo T. Spiller), and
The Political Economy of Supreme Court Constitutional
Decisions: The Case of Roosevelt's Court-Packing Plan, 12 Int’l
Rev. L. & Econ. 45 (1992), in Keith E. Whittington,
Legislative
Sanctions and the Strategic Environment of Judicial Review,
1 Int’l J. Const’l L. 446 (2003).
Profile
of Professor Gely
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| Mark
A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute
for Justice, Ohio Innocence Project
Mark
received two major awards:
•
The “Superstar of Criminal Law ’04” Award
by the Ohio Association of Criminal Defense Lawyers in
Columbus. He was a featured speaker at the annual Superstar’s
seminar and spoke about exonerating the innocent after
conviction.
•
The 2004 Outstanding Recent Alumnus Award from his alma
mater, The Moritz College of Law at Ohio State.
Mark published The Innocence Revolution and Our Evolving
Standards of Decency in Death Penalty Jurisprudence, 29 U.
Dayton L. Rev. 265 (2004) (Gilvary Symposium). He was a featured
speaker at the Gilvary Symposium last year.
Mark litigated an Innocence Project case in Stark County
Court of Common Pleas. During the two-day hearing, Mark and
co-counsel John Cranley presented evidence, including DNA
evidence, new witness testimony, medical testimony and accident
reconstruction testimony to establish the innocence of Christopher
Bennett, who had pleaded guilty in 2002 to vehicular homicide.
The medical records in the case demonstrated that Bennett
had amnesia about the accident when he pleaded guilty, due
to head injuries he suffered during the crash. The case received
widespread media attention across the state, and Mark was
quoted about the case in the Cincinnati Enquirer and the
Cleveland Plain Dealer, among other Ohio papers, and the
National Law Journal. Mark also appeared on ABC news in Cleveland,
which aired an extended expose on the case.
•
Tresa Baldas, Exoneration As a Cottage Industry, National
Law Journal, Oct.4, at 1
•
4
Ohio Inmates Hope DNA Can Unlock Their Innocence: State's
Law is One of Strictest in Nation, The Plain Dealer, Oct.
18.
•
Innocence
Project Testimony Ends, Cincinnati Enquirer, Oct.
5.
•
Innocence
Project Debuts, Cincinnati Enquirer, Oct. 2.
•
UC
Students' Evidence may Clear Inmate, Cincinnati Post,
Oct. 1, 2004.
On November 4, the court issued an opinion denying Bennett’s
motion to withdraw his guilty plea, citing the plea itself
as conclusive evidence of guilt that overcomes the DNA and
other evidence of innocence compiled by the Innocence Project.
The Ohio Innocence Project plans to appeal.
With the assistance of the Innocence Project fellows, Mark
filed briefs in approximately 18 different Innocence Project
cases during October, seeking DNA testing on behalf of inmates
who have steadfastly maintained their innocence.
Mark launched CrimProfBlog,
as co-editor with Jack Chin (Arizona), as part of Paul Caron’s Law
Professor Blogs Network.
Mark’s article Educational Inequalities, the Myth
of Meritocracy, and the Silencing of Minority Voices: The
Need for Diversity on America's Law Reviews, 12 Harvard
BlackLetter L.J. 59 (1995) was cited in Scott C. Idleman,
Multiculturalism
and the Future of Tribal Sovereignty,
35 Columbia. Human Rights L. Rev. 589 (2004).
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
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| Bradford C. Mank James
B. Helmer Jr. Professor of Law
Several
of Brad’s articles were cited in prestigious law
reviews:
•
Are Title VI's Disparate Impact Regulations Valid?, 71
Univ. Cin. L. Rev. 517 (2003), in Floyd Weatherspoon, Ending
Racial Profiling of African-Americans in the Selective
Enforcement of Laws: In Search of Viable Remedies,
65 Univ. Pittsburgh L. Rev. 721 (2004).
•
Legal Context: Reading Statutes in Light of Prevailing
Legal Precedent, 34 Arizona State L.J. 815 (2002), 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 Timothy K. Armstrong, Chevron
Deference and Agency Self-interest,
13 Cornell J.L. & Pub. Pol’y 203 (2004).
•
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 Jay D. Wexler, Parks as Gyms?
Recreational Paradigms and Public Health in the National
Parks,
30 Am. J. L. & Medicine 155 (2004).
•
Textualism’s Selective Canons of Statutory Construction:
Reinvigorating Individual Liberties, Legislative Authority,
and Deference to Executive Agencies, 86 Kentucky L.J.
527 (1998), in John F. Manning, Nonlegislative
Rules,
72 George Washington L. Rev. 893 (2004).
•
Title VI, in The Law of Environmental Justice: Theories
and Procedures to Address Disproportionate Risks (Michael
B. Gerrard ed., 1999), in Kyle W. La Londe, Who
Wants to be an Environmental Justice Advocate?: Options
for Bringing
an Environmental Justice Complaint in the Wake of Alexander
v. Sandoval,
31 Boston College Envt’l Affairs L. Rev. 27 (2004).
Profile
of Professor Mank
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| Michael E. Solimine Donald
P. Klekamp Professor of Law
Director, Extern Program
Michael
published Recalibrating Justiciability in Ohio Courts, 51
Cleveland St. L. Rev. 531 (2004) (Symposium
on Bicentennial of the Ohio Constitution).
He attended the Ohio
Legal History Seminar at The Moritz
College of Law at Ohio State.
Several of Michael’s articles were cited in prestigious
law reviews:
•
Choice of Law in the American Courts in 1991, 40
Am. J. Comparative L. 951 (1992), in Symeon C. Symeonides,
Choice
of Law in the American Courts in 2003: Seventeenth Annual
Survey,
52 Am. J. Comparative L. 9 (2004).
•
Competitive Federalism and Interstate Recognition of
Marriage, 32 Creighton L. Rev. 83
(1998), in Todd E. Pettys, The
Mobility Paradox,
92 Georgetown L.J. 481 (2004).
•
Deciding to Decide: Class Action Certification and Interlocutory
Review by the United States Courts of Appeals under Rule
23(f), 41 William & Mary L. Rev. 1531 (2000) (with Christine
Oliver Hines), & Revitalizing Interlocutory Appeals
in the Federal Courts, 58 George Washington L. Rev.
1165 (1990), in Christopher A. Kitchen, Note,
Interlocutory Appeal of
Class Action Certification Decisions under Federal Rule of
Civil Procedure 23(f): A Proposal for a New Guideline, 2004
Columbia Bus. L. Rev. 231(2004).
•
Diluting Justice on Appeal?: An Examination of the Use
of District Court Judges Sitting by Designation on the United
States Courts of Appeals, 28 Univ. Michigan. J.L. Reform
351 (1995) (with Richard B. Saphire), in Rochelle Cooper
Dreyfuss, The
Federal Circuit: A Continuing Experiment in Specialization,
54 Case Western Reserve L. Rev. 769 (2004), and in Andrew
P. Morriss, Comment,
A Public Choice Perspective on the Federal Circuit,
54 Case Western Reserve L. Rev. 811 (2004).
•
Judicial Influence: A Citation Analysis of Federal Courts
of Appeals Judges, 27 J. Legal Studies 271 (1998) (with William
Landes & Lawrence Lessig), in Russell Smyth & Mita
Bhattacharya, What
Determines Judicial Prestige? An Empirical Analysis for Judges
of the Federal Court of Australia,
5 Am. L. & Econ. Rev. 233 (2003), and in Andrew P. Morriss,
Comment,
A Public Choice Perspective on the Federal Circuit,
54 Case Western Reserve L. Rev. 811 (2004).
•
Rethinking Feminist Judging, 70 Indiana L. J. 891
(1995) (with Susan E. Wheatley) in Sarah Westergren, Gender
Effects
in the Courts of Appeals Revisited: The Data since 1994,
92 Georgetown L.J. 689 (2004).
Profile
of Professor Solimine
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| Joseph
P. Tomain Professor
of Law
Joe’s
articles, Electricity Restructuring: A Case Study in
Government Regulation, 33 Tulsa L.J. 827 (1998), and The
Past and Future of Electricity Regulation, 32 Envt’l
L. 435 (2002), were cited in Jim Chen, The
Nature of the Public Utility:
Infrastructure, the Market, and the Law,
98 Northwestern Univ. L. Rev. 1617 (2004). He was quoted
in Bar
Round Table Group to Give Diversity Awards, Cincinnati
Enquirer, Oct. 13.
Profile
of Professor Tomain
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Faculty News is edited by Paul
L. Caron, Charles Hartsock Professor of Law and Director of Faculty Projects.
Back issues can be accessed from the Faculty News Archive.
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