Faculty News
January 2006 Issue
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| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
The 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
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Thomas D. Eisele Professor of Law
Tom’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
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| Mark
A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute
for Justice, Ohio Innocence Project
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:
• http://www.cantonrep.com/index.php?ID=258644&Category=15&fromSearch=yes
• http://www.cantonrep.com/index.php?ID=258642&Category=11&fromSearch=yes
• http://www.cantonrep.com/index.php?ID=258616&Category=15&fromSearch=yes
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: •Enquirer
•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
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Bradford C. Mank James B. Helmer Jr. Professor of Law
Brad’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
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| Donna
M. Nagy Charles Hartsock Professor of Law
Several 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
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| Michael
E. Solimine Donald P. Klekamp Professor of Law, Director, Faculty Development,
& Director, Extern Program
Michael 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
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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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