Faculty News
April 2005 Issue
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| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
 Paul
published (with Rafael Gely) Taking
Back the Law School Classroom: Using Technology to Foster
Active Student Learning, 54 J. of Legal Educ. 551 (2004).
The Editors of the Journal of Legal Education, Carrie Menkel-Meadow
and Mark Tushnet,
describe the article as follows (From
the Editors, 54 J. of Legal Educ.
469 (2004)):
Paul Caron and Rafael Gely address the issue of the use
of modern technology (in form and in substance) to encourage
active learning in the classroom, reminding us that as our
students become more adept than many of their seniors (that
is, the two of us at least) in using computers we would do
well to harness these new modes to the tasks of learning.
They are wise to take on the arguments of the Luddites and
skeptics among us who continue to claim that the book, blackboard,
chalk, and spoken words are the only tools we need in the
classroom. They invite us to fill these pages with other
examples of innovative uses of modern technology and new
conceptual approaches derived from different forms of collecting
and organizing knowledge.
Paul made two presentations:
•
Law
Classroom Technologies, at the Future
of Law Libraries Symposium, Amelia
Island, Florida (sponsored by Thomson-West, The
InfiLaw System, and Florida Coastal School of Law)
•
Taking
Back the Law School Classroom: Using Technology to Foster
Active Student Learning, at Northern Kentucky-Chase College
of Law.
Paul’s TaxProf
Blog,
which he launched on April 15, 2004, received its 500,000th
visitor. He was quoted on the Cincinnati Enquirer’s
editorial page, Judicial
Tyranny in Schiavo Case.
Paul published several issues of his Tax Law Abstracts e-journals
www.ssrn.com:
•
4 issues of Tax Law & Policy (vol. 6, nos. 8-11).
•
4 issues of Practitioner Series (vol. 5, nos. 8-11).
•
2 issues of International & Comparative Tax (vol. 5,
no. 4-5) (co-edited with Robert A. Green (Cornell)).
Two of Paul’s articles were cited in prestigious law
reviews:
•
Tax Myopia, or Mamas Don't Let Your Babies Grow Up To
Be Tax Lawyers, 13 Virginia Tax Rev. 517 (1994), in
Anthony C. Infanti, Tax
Protest, “A Homosexual,” and
Frivolity: A Deconstructionist Meditation,
24 St. Louis U. Public L. Rev. 21 (2005).
•
The Role of State Court Decisions in Federal Tax Litigation: Bosch,
Erie, and
Beyond, 71 Oregon L. Rev. 781 (1992), in
Xuan-Thao N. Nguyen & Jeffrey A. Maine, Taxing
the New Intellectual Property Rights,
56 Hastings L.J. 1 (2005).
Profile
of Professor Caron
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| Rafael Gely Professor of
Law
 Rafael
published (with Paul Caron) Taking
Back the Law School Classroom: Using Technology to Foster
Active Student Learning, 54 J. of Legal Educ. 551 (2004).
The Editors of the Journal of Legal Education, Carrie Menkel-Meadow
and Mark Tushnet, describe the article as follows (From
the Editors, 54 J. of Legal Educ. 469 (2004)):
Paul Caron and Rafael Gely address the issue of
the use of modern technology (in form and in substance) to
encourage active learning in the classroom, reminding us
that as our students become more adept than many of their
seniors (that is, the two of us at least) in using computers
we would do well to harness these new modes to the tasks
of learning. They are wise to take on the arguments of the
Luddites and skeptics among us who continue to claim that
the book, blackboard, chalk, and spoken words are the only
tools we need in the classroom. They invite us to fill these
pages with other examples of innovative uses of modern technology
and new conceptual approaches derived from different forms
of collecting and organizing knowledge.
Three of Rafael’s articles were cited in prestigious law reviews:
• A Tale of Three Statutes... (and One Industry): A Case Study on Competitive
Effects of Regulation, 80 Oregon L. Rev. 947 (2001), in Mark Seidenfeld & Janna
Satz Nugent, “The
Friendship of the People”:
Citizen Participation in Environmental Enforcement, 73 George Washington
L.
Rev. 269 (2005).
• Restricting Public Employees’ Political Activities: Good Government or Partisan
Politics?, 37 Houston L. Rev. 775 (2000) (with Timothy D. Chandler), in Scott
J. Bloch, The
Judgment of History: Faction, Political Machines, and the Hatch
Act, U. Pennsylvania J. Labor & Employment L. 225 (2005).
• “Love, Sex and Politics? Sure. Salary? No Way”: Workplace Social Norms
and
the Law, 25 Berkeley J. Employment & Labor L. 167 (2004), in Selected
Current
Bibliography on Labor & Employment Law, 7 U. Pennsylvania J. Labor & Employment
L. 483 (2005).
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
spent spring break litigating an Innocence Project case
in Akron. The client, Clarence Elkins, was sentenced to
life in prison in 1998 for allegedly attacking two victims,
murdering and raping one and raping the other. Male DNA
was found in the panties, vaginal area, and under the fingernails
of the victims. The DNA testing excluded Elkins as the
contributor. In addition, because the DNA found on both
victims matched the same unidentified man, and neither
victim was sexually active with the same man, this DNA
pointed decisively to an as yet unidentified male as the
true assailant. A decision in expected in May. Mark spoke
about the case on several television news programs in Cleveland.
The A&E television show American
Justice
filmed the hearing, and interviewed Mark extensively about
the case during breaks in the hearing. A&E is planning
to run a one-hour episode dedicated to the case if Elkins
is exonerated.
Mark hosted Gary Reece at the law school, who spoke about
his incarceration to a full-house in Room 114. Reece was
recently released by the parole board after the Innocence
Project filed a brief with the board arguing his innocence.
Mark also wrote and filed an appellate brief with the Fifth
Appellate District in Ohio in the case of Chris Bennett.
The Innocence Project lost in its attempts to exonerate Bennett
in November, and is a seeking a reversal in on appeal. Mark
also spoke on exonerating the innocent at Cincinnati's Leadership
Day.
Mark appeared on a panel with Ohio Supreme Court Justice
Pfeifer in Columbus in conjunction with the CATCO premeire
of the play The Exonerated.
Mark and Justice Pfeifer discussed issues surrounding wrongful
convictions in Ohio.
His article, Rethinking
the Involuntary Confession Rule: Toward a Workable Test
for Identifying Compelled Self-Incrimination,
was one of the most
downloaded criminal law papers on SSRN
during March.
Mark’s CrimProf
Blog,
which he launched in November 2004 with co-editor Jack Chin
(Arizona), received its 75,000th visitor.
Mark was quoted in the following newspaper accounts of his
Innocent Project cases:
•
Ruling
on Elkins Weeks Away: Over Next Month, Summit Judge to Accept
Filings by Lawyers on Man’s Request for New
Murder Trial, Akron Beacon Journal, March 26, 2005, at
B1.
•
Evidence
Handling Central to Appeal: Defense Says DNA Test Should
Overturn Murder Conviction, Akron Beacon Journal, March
24, 2005, at B1.
•
Lawyers
Debate DNA in Plea for New Trial in Rape, Murder: Innocence
Project Says DNA Evidence Doesn’t Match Elkins,
Cleveland Plain Dealer, March 24, 2005, at B4.
•
Victims
Not Alone in Deserving Justice,
Cleveland Plain Dealer, March 23, 2005, at B1.
•
Freed
Inmate Visits Law School That Helped Get Him Released,
Cleveland Plain Dealer, Feb. 25, 2005, at B5.
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
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| Michael E. Solimine Donald
P. Klekamp Professor of Law
Director, Extern Program
 Several
of Michael’s articles were cited in prestigious sources:
•
An Economic and Empirical Analysis of Choice of Law, 24
Georgia L. Rev. 49 (1989), and Forum Selection Clauses
and the Privatization of Procedure, 25 Cornell Int’l
L.J.’Journal 51 (1992), in Gary J. Simson, Issues
and Perespectives in Conflict of Laws: Cases and Materials (Carolina Academic Press, 4th ed. 2005)
•
An Economic and Empirical Analysis of Choice of Law
and The Law and Economics of Conflicts of Law, 4 Amer. Law & Econ.
Rev. 208 (2002), in Christopher R. Drahozal, Contracting
Out of ADR: An Empirical Look at the New Law Merchant, 80 Notre Dame L. Rev. 523 (2005)
•
Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (1990), and The
Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev.1
(1998), in Kevin M. Clermont, Principles of Civil Procedure (West Group, 2005)
Michael was a signatory to an amicus curiae brief of nine
law professors who teach civil procedure filed in the U.S.
Supreme Court in the case of Mayle v. Felix, No. 04-563,
to be argued on April 19. The case concerns how Federal Rule
of Civil Procedure 15 can be used in federal habeas corpus
cases.
Profile
of Professor Solimine
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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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Marjorie
traveled to the Midwest Regionals of the Representation in Mediation
Competition at Marquette with student teams of Katie Fahrendorf & John
Ravasio and Jennifer Patterson and Shannon Hornung Barrows. The Ravasio & Fahrendorf
team made it to the finals and placed third, but did not advance us
to the national finals. Marjorie also presented a half day negotiation
seminar for the legal/compliance department at GE Aircraft Engine (at
the invitation of former student and UC grad Jeffrey Melucci). 
Marianna’s
monthly column, Legally Speaking, now appears monthly in
City Beat as well as in the American Israelite and the
Cincinnati Herald. Her column this month is on Illinois
v. Caballes, in which the U.S. Supreme Court held that
a canine sniff that led police to marijuana in the trunk
of a car following a routine traffic stop is not a search,
and thus the evidence seized is not subject to a Fourth
Amendment challenge.
Kristin
presented two papers:
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 William D. Araiza, 
Tom’s
Review Essay, Dworkin’s “Full Political Theory
of Law,” 7 Criminal Justice Ethics 49 (1988), was
reprinted in the Norman J. Singer’s 
Bert
hosted a visit by Judge
Juan Guzman Tapia, who gave a presentation on 
Brad’s
article, A Scrivener's Error or Greater Protection
of the Public: Does the EPA Have the Authority to Delist "Low-Risk" Sources
of Carcinogens From Section 112's Maximum Available Control
Technology Requirements?, was accepted for publication
in the Virginia Environmental Law Journal.
Donna
hosted a luncheon reception for the managing partners of
Cincinnati’s 25 largest law firms. She participated
in the annual Ohio Bench-Bar-Deans Conference at Cherry
Valley Lodge in Newark, Ohio. Donna also attended a meeting
in Washington, D.C. of the AALS Standing Committee on Sections
and Annual Meetings. 
Ronna
completed the annual update for her treatise,
Adam
presented Optimizing Appellate Jurisdiction at St. Louis
University School of Law as part of UC’s Scholar
Exchange Program.
• Attended
Board of Governors Meeting of the Greater Cincinnati Foundation