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Faculty News
January 2006 Issue

Marjorie Aaron Professor of Practice and Director, Center for Negotiation & Problem Solving
Photo of Professor AaronMarjorie’s Center for Practice in Negotiation and Problem Solving conducted two CLE programs:
Counseling and Convincing Difficult and Emotional Clients (Dan Shapiro (Harvard Negotiation Project))
Advanced Negotiation Insights (with Professor Dwight Golann (Suffolk)).

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

Lou Bilionis Dean and Nippert Professor of Law
Image of Dean BilionisLou’s article, Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), was cited in Paul H. Robinson, Fair Notice and Fair Adjudication: Two Kinds of Legality, 154 U. Pa. L. Rev. 335 (2005).

Profile of Dean Bilionis

Kristin J. Kalsem Associate Professor of Law
Photo of Professor BrandserKristin chaired a session on Wives and Mothers at the annual conference of the American Society of Legal History in Cincinnati.

Profile of Professor Kalsem

A. Christopher Bryant Professor of Law
Photo of Professor BryantChris’s article, Stopping Time: The Pro-Slavery and "Irrevocable" Thirteenth Amendment, 26 Harvard J.L. & Public Policy 501 (2003), was cited in Joan Schaffner, The Federal Marriage Amendment: To Protect the Sanctity of Marriage or Destroy Constitutional Democracy?, 54 Am. U. L. Rev. 1487 (2005).

Profile of Professor Bryant

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

Photo of Professor CaronThe Journal of Legal Education published a mini-symposium of book reviews of the first five books in the Law Stories Series published by Foundation Press, for which Paul serves as Series Editor:
Civil Procedure Stories (2004), edited by Kevin M. Clermont (Cornell), is reviewed by Nancy L. Marder (Chicago-Kent) in Teaching Civil Procedure Stories, 55 J. Legal Educ. 138 (2005).
Constitutional Law Stories (2004), edited by Michael C. Dorf (Columbia), is reviewed by Thomas Ross (Pittsburgh), in Teaching Constitutional Law Stories , 55 J. Legal Educ. 126 (2005).
Property Stories (2004), edited by Gerald Korngold (Case Western) & Andrew P. Morriss (Case Western), is reviewed by Laura S. Underkuffler (Duke) in Teaching Property Stories, 55 J. Legal Educ. 152 (2005).
Tax Stories (2003), edited by Paul, is reviewed by Ajay K. Mehrotra (Indiana) in Teaching Tax Stories, 55 J. Legal Educ. 116 (2005).
Torts Stories (2003), edited by Robert L. Rabin (Stanford) & Stephen D. Sugarman (UC-Berkeley), is reviewed by Leslie Bender (Syracuse) in Teaching Torts Stories, 55 J. Legal Educ. 108 (2005).

Paul added a new blog to the Law Professor Blogs Network:
Products Liability Prof Blog, by J. David Prince, Michael K. Steenson & Kenneth Ross (all of William Mitchell).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com):
• 3 issues of Tax Law & Policy (vol. 6, nos. 44-46).
• 4 issues of Practitioner Series (vol. 5, nos. 44-48)
• 1 issue of International & Comparative Tax (vol. 5, no. 14) (co-edited with Robert A. Green (Cornell)).

Profile of Professor Caron

Margaret B. Drew, Professor of Clinical Law
Director, Domestic Relations/Violence Clinic
Photo of Professor DrewMargaret was quoted in When Women Lawyers Act, the Violence Lessens in an ABA Journal article, Ripple Effects. Her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Family L. Q. 7 (2005), was cited in Linda D. Elrod & James P. Buchele, Kansas Law and Practice (West Group, 2005 Supp.).

Profile of Professor Drew

Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom’s article, Dworkin’s “Full Political Theory of Law” , 7 Crim. Justice Ethics 49 (1988), was excerpted in Norman J. Singers, Sutherland Statutes and Statutory Construction (West Group, 6th ed., 2005). His article, The Activity of Being a Lawyer: The Imaginative Pursuit of Implications and Possibilities, 54 Tenn. L. Rev. 345 (1987), was cited in Donald G. Marshall, Socratic Method and the Irreducible Core of Legal Education, 90 Minnesota L. Rev. 1 (2005).

Profile of Professor Eisele

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

Photo of Professor Godsey As lead counsel for the Ohio Innocence Project, Mark had a banner month. The first two cases that his students took to court, Clarence Elkins and Chris Bennett, resulted in exonerations. Clarence Elkins was serving a life sentence for a murder and double rape, and walked free after seven years in prison. Chris Bennett had the Fifth District Court of Appeals overturn a lower court decision that had denied him exoneration on a post-conviction innocence petition. The Court of Appeals remanded with instructions to throw out his conviction. Bennett remains in prison awaiting resolution of the case, and a decision by the prosecutors as to whether they will retry him (although this seems unlikely, as the court of appeals ruled that his evidence of innocence was sufficient to demonstrate that a "manifest injustice" had occurred").

The Elkins case received press coverage around the world. Some of the newspaper articles in Ohio in which Mark was quoted include the Cincinnati Enquirer, Cleveland Plain Dealer, Akron Beacon Journal and Canton Repository.

Canton Repository articles:

The case was also covered by Good Morning America, Gretta Van Susteren, Geraldo Rivera and the Today show. Mark appeared on Larry King Live to discuss the case. A documentary filmmaker that has been following the case was on hand for Elkins’ release, as were cameramen for A&E’s American Justice, which will air a new, one-hour episode on the case at 11 pm EST on February 11, 2006.

Larry King Live transcript.

Regarding the Chris Bennett case, Mark was quoted in the Cincinnati Enquirer, Cleveland Plain Dealer, Akron Beacon Journal and Canton Repository, and appeared on television news programs across the state.

Coverage included:
Plain Dealer
Beacon Journal
Canton Repository

Mark was also quoted and pictured in the Cincinnati Enquirer regarding the use of DNA databases to solve old crimes and in the Enquirer and Cin Weekly about the exhibition at the Contemporary Arts Center called "The Innocents." Mark was quoted in the Cincinnati Enquirer and appeared on Channel 9 news about the local white collar crime prosecutions of executives of Berkeley, manufacturers of Enzyte. Mark was invited by Wooster College to give the college’s annual Bell Lecture on April 17, 2006. Mark’s topic will be, "Wrongful Convictions and the Innocence Revolution." In addition to giving a public address, the Bell Lectureship involves spending two days at Wooster College to speak to various college classes and meet with local public officials including local state judges.

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

Emily Houh Professor of Law
Photo of Professor HouhEmily’s article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Jason E. Pirruccello, Discrimination: Statutory Coverage, Gaps, and the Role of the Common Law, 84 Texas L. Rev. 191 (2005).

Profile of Professor Houh

Lori Krafte, Visitng Assistant Professor of Law
Photo of Professor KrafteLori’s article, Judicial Interpretation of the Federal Trademark Dilution Act of 1995, 66 U. Cin. L. Rev. 659 (1998), was cited in a House Judiciary Committee Report on the Trademark Dilution Revision Act of 2005.

Profile of Professor Krafte

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, 30 Ecology L.Q. 811 (2003), was cited in three briefs currently before the Supreme Court in the cases of Rapanos v. U.S., and Carabell v. United States Army Corps of Engineers, which involve the constitutionality of regulating wetlands next to non-navigable creeks that eventually flow into navigable waters.

Several of Brad’s articles were cited in prestigious law reviews:
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), and Are Title VI's Disparate Impact Regulations Valid?, 71 U. Cin. L. Rev. 517 (2002) in Deborah L. Brake, Retaliation, 90 Minn. L. Rev. 18 (2005).
Can Congress Regulate Intrastate Endangered Species under the Commerce Clause? The Split in the Circuits over Whether the Regulated Activity Is Private Commercial Development or the Taking of Protected Species, 69 Brooklyn L. Rev. 923 (2004), and Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Ga. L. Rev. 723 (2002), in Kevin M. Shuler, Is the Endangered Species Act Endangered in the Age of Strict Federalism? A Florida Perspective on the Recent Commerce Clause Challenges To the ESA, 57 Fla. L. Rev. 1135 (2005).

Profile of Professor Mank

Donna M. Nagy Charles Hartsock Professor of Law
Photo of Professor NagySeveral of Donna’s publications were cited in prestigious sources:
Ferrara on Insider Trading and the Wall (with Ralph C Ferrara, Herbert Thomas & Thomas J. Kim) (Law Journal Seminar Press, 1995), in Alan R. Bromberg & Lewis D. Lowenfels, Bromberg & Lowenfels on Securities Fraud and Commodities Fraud (Shepard's/McGraw-Hill, 2005 Supp.).
The “Possession vs. Use” Debate in the Context of Securities Trading by Traditional Insiders: Why Silence can Never be Golden, 67 U. Cin. L. Rev. 1129 (1999), in Thomas Lee Hazen, Law of Securities Regulation (West, 5th ed. 2005).
Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio St. L.J. 1223 (1998), in Kimberly D. Krawiec & Kathryn Zeiler, Common-law Disclosure Duties and the Sin of Omission: Testing the Meta-theories, 91 Va. L. Rev. 1795 (2005).

Profile of Professor Nagy

William J. Rands Professor of Law
Photo of Professor RandsBill’s article, The Closely Held Corporation: Its Capital Structure and the Federal Tax Laws , 90 W. Va. L. Rev. 1009 (1988), was cited in Georgette Chapman Poindexter, Dequity: The Blurring of Debt and Equity in Securitized Real Estate Financing, 2 Berkeley Bus. L.J. 233 (2005) (symposium).

Profile of Professor Rands

Ronna Greff Schneider Professor of Law
Image of Professor SchneiderRonna presented Educational Opportunities in a Diverse Society in the Post-Brown World at West Publishing Group’s headquarters in Eagon, MN.

Profile of Professor Schneider

Michael E. Solimine Donald P. Klekamp Professor of Law, Director, Faculty Development, & Director, Extern Program
Photo of Professor SolimineMichael published Judicial Stratification and the Reputations of the United States Courts of Appeals , 32 Fla. St. L. Rev. 1331 (2005), in a symposium on Empirical Measures of Judicial Performance . Several of the articles in the symposium cited his article, Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges , 27 J. Legal Stud. 271 (1998) (with William Landes & Larry Lessig):
• Stephen J. Choi & G. Mitu Gulati, Which Judges Write Their Own Opinions (And Should We Care?), 32 Fla. St. U. L. Rev. 1077 (2005).
• Daniel Farber, Supreme Court Selection and Measures of Past Judicial Performance, 32 Fla. St. U. L. Rev. 1175 (2005).
• Richard A. Posner, Judicial Behavior and Performance: An Economic Approach, 32 Fla. St . U. L. Rev. 1259 (2005).
• Russell Smyth, Do Judges Behave as Homo Economicus, and If So, Can We Measure Their Performance?, 32 Fla. St. U. L. Rev. 1299 (2005).
• David C. Valdeck, Keeping Score: The Utility of Empirical Measures in Judicial Selection, 32 Fla. St. U. L. Rev. 1415 (2005).

Several of Michael’s other publications were cited in prestigious sources:
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), Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991), and Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Ernest A. Young, Institutional Settlement in a Globalizing Judicial System, 54 Duke L.J. 1143 (2005).
Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Barry Friedman, The Politics of Judicial Review, 84 Tex. L. Rev. 257 (2005).
Competitive Federalism and Interstate Recognition of Marriage, 32 Creighton L. Rev. 83 (1998), in Richard C. Schragger, Cities as Constitutional Actors: The Case of Same-sex Marriage, 21 J.L. & Policy 147 (2005).

Profile of Professor Solimine

Suja Thomas Professor of Law
Photo of Professor ThomasSuja participated on a panel sponsored by GE at GE on diversity issues in the legal community.

Profile of Professor Thomas

Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain 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, 2005 Supp.).

Profile of Dean Emeritus and Wilbert and Helen Ziegler 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 Brake), was cited in Erika George, Instructions in Inequality: Development, Human Rights, Capabilities, and Gender Violence in Schools, 26 Michigan J. Int'l L. 1139 (2005).

Profile of Professor Williams

Ingrid Brunk Wuerth Professor of Law
Photo of Professor WuerthIngrid was a commentator at the Annual Meeting of the American Society of International Law Interest Group at Vanderbilt on International Law in the Domestic Courts.

Ingrid’s article The President’s Power to Detain “Enemy Combatants”: Modern Lessons from Mr. Madison's Forgotten War, 98 Nw. U. L. Rev. 1567 (2004), was cited in:
• Gerald L. Neuman & Charles F. Hobson, John Marshall and Enemy Aliens, 9 Green Bag 2d 39 (2005).
• Wayne McCormack, Legal Responses to Terrorism (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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