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Faculty News
November 2005 Issue

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

Photo of Professor AaronMarjorie organized and spoke at the CLE conference, Making Mediators: A Practice Workshop (with adjunct faculty member James Lawrence), at the College of Law. Her book chapter, Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators, (Dwight Golann ed., 1996), and her article, The Value of Decision Analysis in Mediation Practice, 11 Negotiation J. 123 (1995), were cited in Robert Haig, Commercial Litigation in New York State Courts (Thomson/West 2d ed. 2005).

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

Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna published her monthly Legally Speaking column in the American Israelite, Cincinnati Herald, and City Beat on cases in which the U.S. Supreme Court reversed its own early positions on the execution of the mentally retarded and on the juvenile death penalty. She gave a CLE presentation on Recent Tort Law Trends from the Ohio Supreme Court to the UC Law Alumni Association. Marianna taught an Institute for Learning in Retirement class at Raymond Walters College.

Profile of Professor Bettman

Lou Bilionis Dean and Nippert Professor of Law
Image of Dean BilionisTwo of Lou’s articles were cited in prestigious law reviews:
Grand Centrism and the Centrist Judicial Personam, 83 North Carolina L. Rev. 1353 (2005), in Richard E. Myers II, Restoring the Peers in the “Bulwark”: Blakely v. Washington and the Court’s Jury Project, 83 N.C. L. Rev. 1383 (2005).
Process, the Constitution, and Substantive Criminal Law, 96 Michigan L. Rev. 1269 (1998), in Douglas Husak, Applying Ultima Ratio: a Skeptical Assessment, 2 Ohio St. J. Crim. L. 535 (2005).

Profile of Dean Bilionis

Kristin Kalsem Associate Professor of Law
Photo of Professor BrandserKristin presented Critical Perspectives on Commercial Law and Bankruptcy: A Re-Envisioned Reform Agenda at the Tenth Annual Latcrit Conference in San Juan, Puerto Rico.

Profile of Professor Kalsem

A. Christopher Bryant Professor of Law
Photo of Professor BryantChris submitted the manuscript for his book, Powers Reserved for the People and the States: A History of the Ninth and Tenth Amendments (with Jay S. Bybee & Thomas B. McAffee) (Praeger Publishers, forthcoming 2006). He lectured and led a discussion among numerous secondary school teachers at the 15th annual Law and Citizenship Conference sponsored by the Ohio Center for Law-Related Education in Columbus, OH. The topic was the eighth amendment and the death penalty, which will be the focus of a state-wide mock-trial program for high school students in the coming year.

Profile of Professor Bryant

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

Photo of Professor CaronPaul launched Leiter’s Law School Rankings, in conjunction with Brian Leiter (Texas) and Joe Hodnicki (Associate Director for Library Operations at the College of Law). The web site seeks to be the premier Internet source of law school rankings for prospective, current, and former law students; law school faculty and administrators; and practicing lawyers in law firms, government, and public interest organizations.

Foundation Press published Ethics Stories, by Deborah L. Rhode (Stanford) & David Luban (Georgetown) the tenth book in the Law Stories Series for which Paul serves as Series Editor.

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com:
• 4 issues of Tax Law & Policy (vol. 6, nos. 36-39)
• 4 issues of Practitioner Series (vol. 5, nos. 36-39)
• 1 issue of International & Comparative Tax (vol. 5, no. 12) (co-edited with Robert A. Green (Cornell))

Paul added a new blog to his Law Professor Blogs Network:
Property Blog, by D. Benjamin Barros (Widener)

Two of Paul’s publications 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 Adam Chodorow, Economic Analysis in Judicial Decision Making - An Assessment Based on Judge Posner’s Tax Decisions, 25 Virginia Tax Rev. 67 (2005).
Tax Stories (Foundation Press, 2003) in Charlene Davis Luke, Beating the “Wrap”: The Agency Effort to Control Wraparound Insurance Tax Shelters, 25 Virginia Tax Rev. 129 (2005).

Profile of Professor Caron

Margaret B. Drew, Professor of Clinical Law
Director, Domestic Relations/Violence Clinic
Photo of Professor DrewMargaret wrote the Chair's Column, introducing the new ABA Commission on Domestic Violence E-Newsletter, which focused on the intersection of human trafficking and domestic violence. She also published an op-ed, When a Client Needs Refuge, in the Chicago Daily Law Bulletin (Oct. 19).

Profile of Professor Drew

Rafael Gely Professor of Law
Photo of Professor GelyRafael’s articles, A Rational Choice Theory of Supreme Court Decisions with Applications to the State Farm and Grove City Cases , 6 J. L. Economics & Organization 263 (1990) (with Pablo T. Spiller), and Congressional Control or Judicial Independence: The Determinants of US Supreme Court Labor Decisions: 1949-1987, 23 Rand J. Econ. 463 (1992) (with Pablo T. Spiller), were cited in John M. de Figueiredo, Strategic Plaintiffs and Ideological Judges in Telecommunications Litigation, 21 J. L. Econ. & Org. 501 (2005).

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 Godsey Mark’s recent work on the Ohio Innocence Project is recounted in this UC press release. His article, When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), was cited in Jamie L. Stulin, Does Hiibel Redefine Terry? The Latest Expansion of the Terry Doctrine and the Silent Impact of Terrorism on the Supreme Court's Decision to Compel Identification, 54 American U. L. Rev. 1449 (2005).

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

Ann Hubbard Professor of Law
Image of Professor HubbardAnn Hubbard
Ann’s article, Understanding and Implementing the ADA's Direct Threat Defense, 95 Northwestern U. L. Rev. 1279 (2001), was cited in Samuel R. Bagenstos, The Supreme Court, the Americans with Disabilities Act, and Rational Discrimination, 55 Alabama L. Rev. 923 (2004) and in John A. Robertson, Procreative Liberty and Harm to Offspring in Assisted Reproduction, 30 Am. J. L. & Med. 7 (2004).

Profile of Professor Hubbard

Christo Lassiter Professor of Law
Photo of Professor LassiterChristo’s article, The Stop and Frisk of Criminal Street Gangs, 14 Nat'l Black L.J. 1 (1995), was cited in Liyah Kaprice Brown, Officer or Overseer?: Why Police Desegregation Fails as an Adequate Solution to Racist, Oppressive, and Violent Policing in Black Communities, 29 New York U. Rev. L. & Social Change 757 (2005). He was quoted in Lawyers, Lawmakers’ Roles May Conflict in Probe, Cincinnati Post (Oct. 2).

Profile of Professor Lassiter

Betsy Malloy, Professor of Law and Faculty Director, Glenn M. Weaver Institute of Law & Psychiatry
Photo of Professor MalloyBetsy’s article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998),was cited in Strong's North Carolina Index 4th, (Lawyers Co-op. 2005 Supp.) and in Karen Moulding & National Lawyers Guild Lesbian, Gay, Bisexual and Transgender Committee, Sexual Orientation and the Law (Clark Boardman, 2005 Supp.).

Profile of Professor Malloy

Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankBrad’s article, 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), was cited in Gordon H. Howard, Save Our Sonoran, Inc. v. Flowers: Navigable Waters and Small Handles in the Dry, Dry Desert, 35 Envtl. L. 605 (2005).

Brad was quoted in:
Suit over Emission Threat Hovers in Legal Gray Zone, Portland Oregonian (Oct. 5)
State Supreme Court to Hear Eminent Domain Case, AP Alert (Oct. 3).

Profile of Professor Mank

Donna M. Nagy Charles Hartsock Professor of Law
Photo of Professor NagyDonna participated in a joint, two day meeting in Washington, D.C. of the AALS Committees on Sections & Annual Meetings (of which she is a member) and Professional Development.

Donna’s book, Securities Litigation and Enforcement (Thomson/West, 2003) (with Richard W. Painter & Margaret V. Sachs), was cited in Amnon Wenger, See No Evil, Hear No Evil, Don't Get Sued: Should a Private Cause of Action Exist for a Violation of NASD Conduct Rule 3010?, 74 Fordham L. Rev. 303 (2005).

Profile of Professor Nagy

Ronna Greff Schneider Professor of Law
Image of Professor SchneiderRonna signed a contract with Foundation Press to be Co-Editor of Education Law Stories, a forthcoming book in the Law Stories Series. Her co-editor is Michael Olivas (Houston). The book will include chapters on:
Brown v. Board of Education (school desegregation)
Doe v. Santa Fe Independent School District (school prayer)
Grutter v. Bollinger (affirmative action)
United States v. VMI (gender discrimination and single gender education)
Hazelwood School District v. Kuhlmeier (limits on school-sponsored speech)

Ronna’s article, Sexual Harassment and Higher Education, 65 Texas L. Rev. 525 (1987), was cited in Brett G. Scharff & John W. Welch, An Analytic Framework for Understanding and Evaluating the Fiduciary Duties of Educators, 2005 B.Y.U. Educ. & L. J. 159 (2005).

Profile of Professor Schneider

Rachel Smith Research and Writing Professor
Image of Professor SmithRachel’s article, A Guide to Permitting Confined Animal Feeding Operations in Wyoming, 35 Land & Water L. Rev. 339 (2000), was cited in Rufus Calhoun Young, Land Use Impacts of Federal Laws Addressing Environmental Hazards, ALI-ABA CLE (2005).

Profile of Professor Smith

Michael E. Solimine Associate Dean for Faculty Development, Donald P. Klekamp Professor of Law and Director, Extern Program
Photo of Professor SolimineMichael presented Due Process and En Banc Decision Making at a Conference on the Ninth Circuit at the James E. Rogers College of Law at the University of Arizona. The conference papers will be published in the Arizona Law Review in 2006. His op-ed, Michael’s article, Issue 4 Would Curb Political Gerrymandering, was published in the Cincinnati Post (Oct. 26) and blogged on the widely read Election Law Blog.

Several of Michael’s articles were cited in prestigious law reviews:
Judicial Reputation: A Citation Analysis of Federal Courts of Appeals Judges , 27 J. of Legal Studies 271 (1998) (with Willliam Landes & Larry Lessig), in John R. Lott, Jr., The Judicial Conformation Process: The Difficulty With Being Smart, 2 J. of Empirical Legal Studies 407 (2005).
Removal, Remands, and Reforming Federal Appellate Review, 58 Missouri L. Rev. 287 (1993), in Theodore Eisenberg & Trevor W. Morrison, Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal, 2 J. of Empirical Legal Studies 551 (2005).
Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan Wheatley), in Madhavi McCall, Court Decision Making in Police Brutality Cases: 1990-2000, 33 American Politics Q. 56 (2005).
Supreme Court Monitoring of State Court Decisions in the 21st Century, 35 Indiana L. Rev. 335 (2002), in Kathryn Urbana, Fourth Amendment Federalism? The Court’s Vacillating Mistrust and Trust of State Search and Seizure Laws, 35 Seton Hall L. Rev. 911 (2005).

Profile of Professor Solimine

Suja Thomas Professor of Law
Photo of Professor ThomasSuja presented The Great Published/Unpublished Debate at the Sixth Circuit Practice Institute, sponsored by the Cincinnati-Northern Kentucky Chapter of the Federal Bar Association, in cooperation with LexisNexis).

Profile of Professor Thomas

Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain Joe published a letter to the editor in the New York Times (Oct. 9), The Courts and Our Rights.

Joe's public service and professional activities included:
Member - Site team, ABA Re-accreditation Visit to Thomas M. Cooley School of Law;
• Facilitator, Seventh Annual Seminar for The Justice Institute for the Legal Profession;
Consultant, Charleston School of Law;
Chaired meetings of KnowledgeWorks Foundation;
Attended meetings of The Ohio State Bar Foundation;
Elected Visiting Fellow Harris Manchester College Oxford University.

Several of Joe’s articles were cited in prestigious law reviews, including:
Land Use Mediation for Planners, 7 Mediation Q. (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 2005 Supp.).
2002 Energy Law Symposium: The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), and Nuclear Futures, 15 Duke Envtl. L. & Policy Forum 221 (2005), in Joel B. Eigen, The Environmental Responsibility of the Regionalizing Electric Utility Industry, 15 Duke Envtl. L. & Policy Forum 295 (2005).

Profile of Dean Emeritus and Wilbert and Helen Ziegler Professor Tomain

Verna L. Williams Associate Professor of Law
Photo of Professor WilliamsVerna presented Private Choices, Public Consequences: Examining Public Education Reform through a Feminist Lens at the Tenth Annual Latcrit Conference in San Juan, Puerto Rico.

Profile of Professor Williams

Ingrid Brunk Wuerth Professor of Law
Photo of Professor WuerthIngrid was an invited commentator at the Vanderbilt Legal Theory Workshop and the Harvard Foreign Relations Law Workshop.

Two of Ingrid’s articles were cited in prestigious law reviews:
Authorizations for the Use of Force, International Law, and the Charming Betsy Canon, 46 Boston College L. Rev. 293 (2005), in Michael D. Ramsey, Torturing Executive Power, 93 Georgetown L.J. 1213 (2005).
The President's Power to Detain “Enemy Combatants”: Modern Lessons from Mr. Madison's Forgotten War, 98 Northwestern U. L. Rev. 1567 (2004), in Brett Shumate, New Rules for a New War: The Applicability of the Geneva Conventions to Al-Qaeda and Taliban Detainees Captured in Afghanistan, 18 N.Y.U. Int’l L. Rev. 1 (2005).

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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