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Faculty News
January 2005 Issue

Marjorie Aaron Professor of Practice
Director, Center for Negotiation & Problem Solving

Photo of Professor Aaron Marjorie conducted two CLE Seminars through the Center for Practice in Negotiation and Problem Solving:
Counseling and Convincing Difficult and Emotional Clients (with Daniel Shapiro (Harvard Negotiation Project & Harvard Medical School)
Advancing Expertise for Negotiation with Clients and Lawyers (with Dwight Golann (Suffolk)

Marjorie was quoted in Collins/Allen Case in Mediation, Cincinnati Post, A10, Dec. 28, 2004

Profile of Professor Aaron :: Center for Practice in Negotiation & Problem Solving


Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna’s monthly column for the American Israelite and Cincinnati Herald was on judicial campaign speech.

Profile of Professor Bettman


A. Christopher Bryant Associate Professor of Law
Photo of Professor BryantThe Reappointment, Promotion, and Tenure Committee, Tenured Faculty, and Dean all approved Chris’s application for promotion to Professor of Law with tenure, effective September 2005. Congratulations Chris!

Chris and Ingrid Wuerth wrote an amicus brief on behalf of the Urban Morgan Institute in Hamdan v. Rumsfeld, the Guantanamo Bay case in the D.C. Circuit involving the man who allegedly served as a driver for Osama bin Laden.

Two of Chris’s articles were cited in prestigious law reviews:
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), in Ernest A. Young, The Rehnquist Court's Two Federalisms, 83 Texas L. Rev. 1 (2004).
• Quirin Revisited, 2003 Wisconsin L. Rev. 309 (2003) (with Carl Tobias) in Juliet Stumpf, Citizens of an Enemy Land: Enemy Combatants, Aliens, and the Constitutional Rights of the Pseudo-Citizen, 38 U.C.-Davis L. Rev. 79 (2004).

Profile of Professor Bryant


Paul L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects

Photo of Professor CaronPaul published Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers, 21 Constitutional Commentary 63 (2004) (symposium) (peer-reviewed) (with Rafael Gely).

Foundation Press approved the 19th book in Paul’s Law Stories Series: Race and the Law Stories (Devon Carbado (UCLA) & Rachel Moran (UC-Berkeley)).

Robert T. Danforth (Washington & Lee) called Paul “the leading authority” on the use of state court decisions in federal tax litigation in The Role of Federalism in Administering a National System of Taxation, 57 Tax Lawyer 625 (2004) (citing three of Paul’s articles on the subject: The Federal Tax Implications of Bush v. Gore, 79 Washington U. L.Q. 749 (2001); The Federal Courts of Appeals’ Use of State Court Decisions in Tax Cases: “Proper Regard” Means “No Regard,” 46 Oklahoma L. Rev. 443 (1993); and The Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie, and Beyond, 71 Oregon L. Rev. 781 (1992)).

Tax Notes, the leading weekly tax journal, called Paul’s TaxProf Blog “the undisputed champion of tax blogging.” He launched another new blog as part of his Law Professor Blogs Network: Law Librarian Blog, edited by Joe Hodnicki (Cincinnati).

Paul published several issues of his Tax Law Abstracts SSRN e-journals:
• 4 issues of Tax Law & Policy (vol. 5, nos. 45-48).
• 4 issues of Practitioner Series (vol. 4, nos. 45-48).
• 1 issue of International & Comparative Tax (vol. 4, no.14) (co-edited with Robert A. Green (Cornell)).

Profile of Professor Caron


Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom participated in a symposium on Tom Morawetz’s book, Law’s Premises, Law’s Promise (Ashgate, 2004), held in Boston at the 101st annual meeting of the Eastern Division of the American Philosophical Association. Tom presented Tom Morawetz’s “Robust Enterprise”: Jurisprudence after Wittgenstein.

Profile of Professor Eisele


Rafael Gely Professor of Law
Photo of Professor GelyRafael published Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers, 21 Constitutional Commentary 63 (2004) (symposium) (peer-reviewed) (with Paul Caron).

Profile of Professor Gely


Mark A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Photo of Professor GodseyMark and his students in the Ohio Innocence Project convinced the Ohio Parole Board to grant release to inmate Gary Reece, who has served 25 years of a maximum 75-year sentence for rape and attempted murder. The Parole Board had denied parole to Reece in the past, but changed its position citing the evidence of innocence compiled in a brief the Innocence Project submitted to the Board. Reece is scheduled to gain his freedom on February 22nd. The victory received statewide coverage in the Cleveland Plain Dealer and Cincinnati Post, among other newspapers. The case also aired as the lead news story on several local television news programs, and was the subject of an extended, multi-episode expose of the case, which featured interviews with Mark and his students, on the Foxs news channel in Cleveland.

Mark was a featured guest on Channel 12's “Newsmakers” show on December 26th, where he was interviewed about the Gary Reece case and the Ohio Innocence Project. He also spoke at length about the case on the WKRC’s “Morning Show” and on NPR.

Mark and his recent successes in practice, teaching, and scholarship were profiled by Jack Chin (Arizona) on CrimProf Blog.

Profile of Professor Godsey :: Lois and Richard Rosenthal Institute for Justice/Ohio Innocence Project


Emily Houh Associate Professor of Law
Photo of Professor HouhThe Reappointment, Promotion, and Tenure Committee, Tenured Faculty, and Dean all approved Emily’s application for promotion to Professor of Law with tenure, effective September 2005. Congratulations Emily!

Profile of Professor Houh


Bert B. Lockwood, Jr. Distinguished Service Professor of Law
Director, Urban Morgan Institute for Human Rights

Photo of Professor LockwoodBert and the Urban Morgan Institute sponsored an amicus brief by Chris Bryant and Ingrid Wuerth in Hamdan v. Rumsfeld, the Guantanamo Bay case in the D.C. Circuit involving the man who allegedly served as a driver for Osama bin Laden.

Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankBrad published Are Anti-Retaliation Regulations in Title VI or Title IX Enforceable in a Private Right of Action: Does Sandoval or Sullivan Control This Question?, 35 Seton Hall L. Rev. 47 (2004).

Several of Brad’s articles were cited in prestigious law reviews:
Reforming State Brownfield Programs to Comply with Title VI, 24 Harvard. Envt’l L. Rev. 115 (2000), in Wendy E. Wagner, Commons Ignorance: The Failure of Environmental Law to Produce Needed Information on Health and the Environment, 53 Duke L.J. 1619 (2004), and Alexandra Manchik Barnhill, Entrenching the Status Quo: The Ninth Circuit Uses Preemption Doctrines to Interpret CERCLA as Setting a Ceiling for Local Regulation of Environmental Problems, 31 Ecology L.Q. 487 (2004).
The Murky Future of the Clean Water Act after SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, 30 Ecology L.Q. 811 (2003), in Caitlin Sislin, After SWANCC, the Fourth and Fifth Circuits Dispute Federal Jurisdiction over Non-Navigable Waterways, 31 Ecology L.Q. 745 (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, Continuity and the Legislative Design, 79 Notre Dame L. Rev. 1863 (2004)

Profile of Professor Mank


Donna M. Nagy Interim Dean and Charles Hartsock Professor of Law
Photo of Professor NagyDonna hosted a meeting of the College’s Board of Visitors and the annual Dean’s Council Dinner. She then reacquainted with colleagues at the University of Canterbury School of Law in Christchurch, New Zealand, where she had been a visiting scholar during my sabbatical semester.

Two of Donna’s articles, The “Possession vs. Use” Debate in the Context of Securities Trading by Traditional Insiders: Why Silence can Never be Golden, 67 U. Cincinnati L. Rev. 1129 (1999), and Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio St. L.J. 1223 (1998), were cited in Thomas Lee Hazen, Law of Securities Regulation (West Group, 5th ed. 2004)

Profile of Dean Nagy


Ronna G. Schneider Professor of Law
Photo of Professor SchneiderRonna taught half day programs for the Ohio Judicial College in Cleveland and Columbus on constitutional developments in the areas of free speech, religion, and affirmative action.

Profile of Professor Schneider


Rachael Smith Visiting Assistant Professor of Law
Photo of Professor SmithRachel spoke on Writing Tips for Lawyers at the Legal Update Seminar for Corporate Counsel and Human Resource Professionals, which was sponsored by the Cincinnati office of Greenebaum Doll & McDonald.

Profile of Professor Smith


Michael E. Solimine Donald P. Klekamp Professor of Law
Director, Extern Program

Photo of Professor SolimineMichael published The Selection of Judges in Ohio (with Richard B. Saphire (Dayton)), a chapter in The History of Ohio Law (Michael Les Benedict & John Winkler, eds., Ohio University Press 2004).

Several of Michael’s articles were cited in prestigious sources:
Shoring Up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 Boston U. L. Rev. 85 (1988) (with Richard B. Saphire), in James E. Pfander, Article I Tribunals, Article III Courts, and the Judicial Power of the United States, 118 Harvard L. Rev. 643 (2004).
Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Studies 271 (1998) (with William M. Landes & Lawrence Lessig), in Stephen J. Choi & G. Mitu Gulatis, Choosing the Next Supreme Court Justice: An Empirical Ranking of Judge Performance, 78 Southern California L. Rev. 23 (2004) , and William P. Marshall, Be Careful What You Wish For: The Problems with Using Empirical Rankings to Select Supreme Court Justices, 78 Southern California L. Rev. 119 (2004).
Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Indiana L. Rev. 335 (2002), in Stewart E. Sterk, The Federalist Dimension of Regulatory Takings Jurisprudence, 114 Yale L.J. 203 (2004).
Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Const’l L.Q. 213 (1983) (with James L. Walker), in Steven Semeraros, A Reasoning-Process Review Model for Federal Habeas Corpus, 94 J. Criminal L. & Criminology 897 (2004).
The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple Law Review 425 (1992)(with James L. Walker), in Mark C. Miller, The View of the Courts from the Hill: A Neoinstitutional Perspective, and Lawrence Baum & Lori Hausegger, The Supreme Court and Congress: Reconsidering the Relationship, in Making Policy, Making Law: An Interbranch Perspective (Mark C. Miller & Jeb Barnes, eds., Georgetown University Press 2004).

Michael’s work was one of four pieces used as the foundation for Legal Affairs’ poll to determine the “Top 20 Legal Thinkers in America”.

Profile of Professor Solimine


Adam N. Steinman Assistant Professor of Law
Photo of Professor SteinmanAdam’s article, Reconceptualizing Federal Habeas Corpus for State Prisoners: How Should AEDPA's Standard of Review Operate after Williams v. Taylor?, 2001 Wisconsin L. Rev. 1493, was cited in John K. Chapman, Reforming Federal Habeas Review of Military Convictions: Why AEDPA would Improve the Scope and Standard of Review, 57 Vanderbilt L. Rev. 1387 (2004).

Profile of Professor Steinman


Suja Thomas Associate Professor of Law
Photo of Professor ThomasThe Reappointment, Promotion, and Tenure Committee, Tenured Faculty, and Dean all approved Suja’s application for promotion to Professor of Law with tenure, effective September 2005. Congratulations Suja!

Profile of Professor Thomas


Joseph P. Tomain Professor of Law
Photo of Dean Tomain• Chair KWI Board Meeting
• Attended Knowledge Works Foundation Committee Meetings
• Attended annual ABA Administrative Law Conference
• Awarded the BLAC/CBA Round Table award for outstanding educator
• Attended Board meetings of the Ohio Legal Assistance Foundation
• Attended the Board meeting and retreat for the Mercantile Library Association
• Facilitator of the sixth annual seminar on Justice Institute for the Legal Profession
• Speaker on “Nuclear Futures” for the Environmental Regulation, Energy & Market Entry symposium, sponsored by Duke Environmental Law & Policy Forum at Duke University School of Law
• ABA consultant, Charleston Law School
• Chaired Knowledge Works Foundation Board Meeting
• Attended CCAT Board meeting

Joe’s article, Institutionalized Conflict between Law and Policy, 22 Houston L.Rev. 661 (1985) was cited in the 2004-05 pocket part of Charles H. Koch, Jr.’s Administrative Law and Practice (West, 2d ed., 1997).

Profile of Professor Tomain

 


Verna L. Williams Associate Professor of Law
Photo of Professor WilliamsVerna’s article, When a Kiss Isn't Just a Kiss: Title IX and Student-to-Student Harassment, 30 Creighton L. Rev. 423 (1997) (with Deborah L. Brake), was cited in Michelle J. Anderson, The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault, 84 Boston U. L. Rev. 945 (2004).

Profile of Professor Williams


Ingrid Brunk Wuerth Associate Professor of Law
Photo of Professor WuerthThe Reappointment, Promotion, and Tenure Committee, Tenured Faculty, and Dean all approved Ingrid’s application for promotion to Professor of Law with tenure, effective September 2005. Congratulations Ingrid!

Ingrid presented Authorizations for the Use of Force, International Law, and the Charming Betsy Canon, at a conference at Georgetown University. Ingrid and Chris Bryant wrote an amicus brief on behalf of the Urban Morgan Institute in Hamdan v. Rumsfeld, the Guantanamo Bay case in the D.C. Circuit involving the man who allegedly served as a driver for Osama bin Laden.

Ingrid’s article, Private Religious Choice in German and American Constitutional Law: Government Funding and Government Religious Speech, 31 Vanderbilt J. Transnat’l L. 1127 (1998), was cited in Steven H. Shiffrin, The Pluralistic Foundations of the Religion Clauses, 90 Cornell L. Rev. 9 (2004).

Profile of Professor Wuerth

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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