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Faculty News
March 2006 Issue

Marjorie Aaron Professor of Practice and Director, Center for Negotiation & Problem Solving
Photo of Professor AaronMarjorie was one of six faculty at the University to receive the UC|21 President’s Excellence Award. Her article, Do’s and Don’t for Mediation Practice, was solicited for inclusion in an ADR textbook.

Marjorie presented a one day advanced mediation training for the Federal District Court Mediator Panel of the Western District of Michigan. She delivered a luncheon lecture on Negotiation at UC’s College of Medicine.

Marjorie convened and moderated an afternoon panel presentation with guest speaker Carrie Menkel Meadow (Georgetown) on The Lawyer’s Role(s) in Deliberative Democracy. Other panel participants were College of Law Professor Chris Bryant, Attorney Timothy Burke, U.S. Magistrate Timothy Hogan, and Attorney David Singleton.

Marjorie and Adjunct Professor Jim Lawrence coached UC’s team of 1Ls for the Regional Representation in Mediation Competition held at Michigan State.

Several of Marjorie’s publications were cited in prestigious law reviews:
The ADR Toolbox: The Highwire Art of Evaluation, 14 Alternatives to High Cost Litig. 62 (1996), and Standards of Professional Care in Alternative Dispute Resolution, 1995 J. Disp. Resol. 95, in Lela P. Love & John W. Cooley, The Intersection of Evaluation by Mediators and Informed Consent: Warning the Unwary, 21 Ohio St. J. on Disp. Resol. 45 (2005).
Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), in Robert L. Haig, New York Practice Series - Commercial Litigation in New York State Courts, (Thomson/West, 2005 Supp.).
Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), in Robert L. Haig, Successful Partnering between Inside and Outside Counsel, (West Group, 2006 Update).

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


Joseph Biancalana Professor of Law
Photo of Professor BiancalanaJoseph published Monetary Penalty Clauses in Thirteenth-Century England, 73 Tijdschrift voor Rechstsgeschiedenis 231 (2005).

Profile of Professor Biancalana


Marianna Bettman Invited Professor of Law
Photo of Professor BettmanMarianna’s monthly Legally Speaking column in the American Israelite and City Beat was Making a Federal Case of Assisted Suicide, about the U.S. Attorney General's challenge to Oregon's physician-assisted suicide law (Gonzales v. Oregon). She spoke to the Beth Adam Congregation on Beginning and End of Life Decisions: A Legal Perspective.

Profile of Professor Bettman


A. Christopher Bryant Professor of Law
Photo of Professor BryantChris participated in an afternoon panel presentation at the College with guest speaker Carrie Menkel Meadow (Georgetown) on The Lawyer’s Role(s) in Deliberative Democracy.

Profile of Professor Bryant


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

Photo of Professor CaronPaul’s TaxProf Blog received several accolades this month:
• The Wall Street Journal included the blog as one of the four leading blogs on tax law and praised it for its "comprehensive coverage of tax news."
Moneysmartz gave a very favorable review to the blog, concluding that it "shows how good a blog can be."

Foundation Press published Administrative Law Stories, by Peter Schuck (Yale), the thirteenth book in its Law Stories Series for which Paul serves as Series Editor.

Paul launched two new blogs as part of his Law Professor Blogs Network:
State & Local Government Law Prof Blog, by Judith Welch Wegner (North Carolina).
TortsProf Blog, by Bill Childs (Western New England).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com):
• 4 issues of Tax Law & Policy (vol. 7, nos. 4-7).
• 4 issues of Practitioner Series (vol. 6, nos. 3-6).
• 1 issue of International & Comparative Tax (vol. 6, no. 2) (co-edited with Robert A. Green (Cornell)).

Paul was quoted in an article in Bloomberg News Bush's Proposed Health Accounts Offer Tax Benefit for Wealthy, published in newspapers around the country, including the Cincinnati Enquirer.

Several of Paul’s articles were cited in prestigious law reviews:
What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in Tracey E. George, An Empirical Study of Empirical Legal Scholarship: The Top Law Schools, 81 Ind. L.J. 141 (2006); Scott Baker, Stephen J. Choi & Mitu Gulati, The Rat Race as an Information-forcing Device, 81 Ind. L.J. 53 (2006); William D. Henderson & Andrew P. Morriss, Student Quality as Measured by LSAT Scores: Migration Patterns in the U.S. News Rankings Era, 81 Ind. L.J. 163 (2006); in Michael Sauder and Wendy Nelson Espeland, Strength in Numbers? The Advantages of Multiple Rankings, 81 Ind. L.J. 205 (2006); Lawrence A. Cunningham, Scholarly Profit Margins: Reflections on the Web, 81 Ind. L.J. 271 (2006); Nancy B. Rapoport, Eating Our Cake and Having It, Too: Why Real Change Is So Difficult in Law Schools, 81 Ind. L.J. 359 (2006); and Rachel F. Moran, Of Rankings and Regulation: Are the U.S. News & World Report Rankings Really a Subversive Force in Legal Education? 81 Ind. L.J. 383 (2006).
Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings , 81 Ind. L.J. 1 (2006) (with Rafael Gely), in Alex M. Johnson, The Destruction of the Holistic Approach to Admissions: The Pernicious Effects of Rankings, 81 Ind. L.J. 309 (2006).
Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2006) (with Bernard S. Black), in Russell Korobkin, Harnessing the Positive Power of Rankings: A Response to Posner and Sunstein, 81 Ind. L.J. 35 (2006); Lawrence A. Cunningham, Scholarly Profit Margins: Reflections on the Web, 81 Ind. L.J. 271 (2006); Theodore Eisenberg, Assessing the SSRN-based Law School Rankings, 81 Ind. L.J. 285 (2006); and Rachel F. Moran, Of Rankings and Regulation: Are the U.S. News & World Report Rankings Really a Subversive Force in Legal Education? 81 Ind. L.J. 383 (2006).
Tax Myopia, Or Mamas Don't Let Your Babies Grow Up To Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), in Robert M. Jarvis, The Admiralty Lawyer in Popular Culture, 37 J. Mar. L. & Com. 23 (2006).

Profile of Professor Caron


Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom’s article, Avalon Ethics, 67 Notre Dame L. Rev. 1287 (1992) (reviewing Thomas L. Shaffer, American Lawyers and Their Communities: Ethics In The Legal Profession (1991)), was cited in Robert L. Haig, Successful Partnering between Inside and Outside Counsel, (West Group, 2006 Update).

Profile of Professor Eisele


Rafael Gely Professor of Law
Photo of Professor GelyTwo of Rafael’s articles were cited in prestigious law reviews:
What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in Tracey E. George, An Empirical Study of Empirical Legal Scholarship: The Top Law Schools, 81 Ind. L.J. 141 (2006); Scott Baker, Stephen J. Choi & Mitu Gulati, The Rat Race as an Information-forcing Device, 81 Ind. L.J. 53 (2006); William D. Henderson & Andrew P. Morriss, Student Quality as Measured by LSAT Scores: Migration Patterns in the U.S. News Rankings Era, 81 Ind. L.J. 163 (2006); in Michael Sauder and Wendy Nelson Espeland, Strength in Numbers? The Advantages of Multiple Rankings, 81 Ind. L.J. 205 (2006); Lawrence A. Cunningham, Scholarly Profit Margins: Reflections on the Web, 81 Ind. L.J. 271 (2006); Nancy B. Rapoport, Eating Our Cake and Having It, Too: Why Real Change Is So Difficult in Law Schools, 81 Ind. L.J. 359 (2006); and Rachel F. Moran, Of Rankings and Regulation: Are the U.S. News & World Report Rankings Really a Subversive Force in Legal Education? 81 Ind. L.J. 383 (2006).
Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings , 81 Ind. L.J. 1 (2006) (with Rafael Gely), in Alex M. Johnson, The Destruction of the Holistic Approach to Admissions: The Pernicious Effects of Rankings, 81 Ind. L.J. 309 (2006).

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 and the Ohio Innocence Project submitted a detailed legal memorandum to the General Assembly of the State of Ohio requesting seven amendments to Ohio's post-conviction DNA testing bill to make that bill more fair and just, and provide greater access to DNA to Ohio’s inmates. After extensive lobbying, five of the seven requested amendments were passed by a subcommittee of the Senate, and were sent to the full Senate for a vote. Mark testified in favor of the amendments, and his testimony was covered in television news and newspapers across the state.

Mark presented Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings to the faculty of the Chase College of Law at Northern Kentucky University.

Mark was profiled on Fox19 News in that network's monthly profile of a Cincinnatian. The story covered Mark's career as a federal prosecutor through becoming a law professor and directing the Ohio Innocence Project, and then the recent successes in the Clarence Elkins and Chris Bennett cases.

Mark also appeared live on Court TV news, where he spoke about the Innocence Project and the Clarence Elkins case.

Mark was quoted in:
Catching Felons by DNA May Be Harder, Cincinnati Post, Feb. 17, 2006, at A2.
DNA Ruling A Setback For Crime Fighters , Cincinnati.com, Feb. 16, 2006.
Wrongful Jailing Weighs on Now-free Man, Cleveland Plain Dealer, Feb. 15, 2006, at B3.

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


Emily Houh Professor of Law
Photo of Professor HouhTwo of Emily’s articles were cited in prestigious law reviews:
Critical Race Realism: Re-Claiming the Antidiscrimination Principle Through the Doctrine of Good Faith in Contract Law, 66 U. Pitt. L. Rev. 455 (2005), in Angela Onwuachi-Willig & Mario L. Barnes, By Any Other Name?: On Being "Regarded As" Black, and Why Title VII Should Apply Even If Lakisha and Jamal Are White, 2005 Wis. L. Rev. 1283 (2005).
The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, 2005 Utah L. Rev. 1, in Sean J. Griffith, Good Faith Business Judgment: A Theory of Rhetoric in Corporate Law Jurisprudence, 55 Duke L.J. 1 (2005).

Profile of Professor Houh

Ann Hubbard Professor of Law
Image of Professor Hubbard Several of Ann’s articles were cited in prestigious law reviews:
The Major Life Activity of Belonging, 39 Wake Forest L. Rev. 217 (2004); Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004); and The Myth of Independence and the Major Life Activity of Caring, 8 J. Gender Race & Just. 327 (2004), in Patrick A. Hartman, "Interacting with Others" as a Major Life Activity under the Americans with Disabilities Act, 2 Seton Hall Cir. Rev. 139 (2005).
Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), in Karen Eltis, Predicating Dignity on Autonomy? The Need for Further Inquiry into the Ethics of Tagging and Tracking Dementia Patients with GPS Technology, 13 Elder L.J. 387 (2005), and Amy J. Sepinwall, Defense of Others and Defenseless "Others", 17 Yale J. L. & Feminism 327 (2005).

Profile of Professor Hubbard


Christo Lassiter Professor of Law
Photo of Professor LassiterChristo published an op-ed in the February 26 Cincinnati Enquirer, He was quoted in The Deal Stands: Judge Rules Statute of Limitations Has Expired on County's Bengal Lawsuit, Cincinnati Post, Feb. 10, 2006, at A1.

Profile of Professor Lassiter


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

Photo of Professor LockwoodPenn Press published Female Circumcision: Multicultural Perspectives (Rogaia Mustfa Abusharaf, ed.), the fortieth volume of its Studies in Human Rights Series for which Bert serves as Series Editor.

Two of Bert’s articles were cited in prestigious law reviews:
Preliminary Thoughts Towards an International Convention on Terrorism, 68 Am. J. Int'l L. 69 (1974) (With Thomas M. Franck), in Reuven Young, Defining Terrorism: The Evolution of Terrorism as a Legal Concept in International Law and its Influence on Definitions in Domestic Legislation, 29 B.C. Int'l & Comp. L. Rev. 23 (2006).
The United Nations Charter and United States Civil Rights Litigation: 1946-1955, 69 Iowa L. Rev. 901 (1984), in Vicki C. Jackson, World Habeas Corpus, 91 Cornell L. Rev. 303 (2006).

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


S. Elizabeth Malloy Professor of Law
Faculty Director, Glen Weaver Institute for 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 the February 2006 update to Roberta Achtenberg, Karen B Moulding and the National Lawyers Guild’s. Lesbian, Gay, Bisexual Rights Committee, Sexual Orientation and the Law (Thomson/West, 2004).

Profile of Professor Malloy :: Glen Weaver Institute for Law and Psychiatry


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankBrad completed an article, After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?

Profile of Professor Mank


Donna M. Nagy Charles Hartsock Professor of Law
Photo of Professor NagyDonna was quoted in the February 18 edition of The Economist. Her book, Securities Litigation and Enforcement (Thomson/West, 2003) (with Richard W. Painter & Margaret V. Sachs), and her article, Playing Peekaboo with Constitutional Law: The PCAOB and Its Public/Private Status, 80 Notre Dame L. Rev. 975 (2005), were cited in Steven J. Cleveland, The NYSE as State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, 55 Am. U. L. Rev. 1 (2005).

Profile of Professor Nagy


Michael E. Solimine Donald P. Klekamp Professor of Law, Director, Faculty Development, & Director, Extern Program
Photo of Professor SolimineMichael was a signatory to, and aided in the drafting of, an amici curiae brief of law professors filed in the U.S. Supreme Court, in Kircher v. Putnam Funds Trust, No. 05-409. The case raises issues of federal appellate procedure and federal securities laws.

Two of Michael’s articles were cited in prestigious law reviews:
Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Kevin M. Scott, Understanding Judicial Hierarchy: Reversals and the Behavior of Intermediate Appellate Judges, 40 Law & Soc’y Rev. 163 (2006).
Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in V. Ajay Singh, Note, Interlocutory Appeals in Patent Cases under 28 U.S.C. § 1292(c)(2): Are They Still Justified and Are They Implemented Correctly, 55 Duke L.J. 179 (2005).

Profile of Professor Solimine


Suja Thomas Professor of Law
Photo of Professor ThomasSuja completed an article, Why Summary Judgment is Unconstitutional. The article already has attracted a lot of favorable attention:

On law blogs:
• "A very provocative and remarkably persuasive piece. Highly recommended for proceduralists." Larry Solum, Legal Theory Blog
• "The law blog world is abuzz about a new law review article by Professor Suja Thomas arguing that summary judgment is unconstitutional." Robert Loblaw, Decision of the Day.

On SSRN:
#1 downloaded new litigation, procedure and dispute resolution paper
#1 downloaded new legal history paper
#2 downloaded new constitutional law paper
#5 downloaded new paper overall on SSRN

Profile of Professor Thomas


Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain Joe was elected President of the Mercantile Library Association. He delivered a formal lecture, Lawyers, Judges, Law & the Humanities to the Harris Manchester Law Society at Oxford University.

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: Public Education Reform through a Feminist Lens at Chicago-Kent as part of UC’s Scholars Exchange Program.

Profile of Professor Williams


Ingrid Brunk Wuerth Professor of Law
Photo of Professor WuerthIngrid published International Law as an Interpretive Norm, 99 Am. Soc’y Int’l L. Proc. 192 (Mar. 30 - April 2, 2005). Two of her articles were cited in prestigious sources:
Authorizations for the Use of Force, International Law, and the Charming Betsy Canon, 46 B.C. L. Rev. 293 (2005), in Michael D. Ramsey, Torturing Executive Power, 93 Geo. L.J. 1213 (2005), and Curtis Bradley & Jack Goldsmith, Foreign Relations Law: Cases and Materials (Aspen, 2d ed. 2006).
The Dangers of Deference: International Claim Settlement by the President, 44 Harv. Int’l L.J. 1 (2003), in Curtis Bradley & Jack Goldsmith, Foreign Relations Law: Cases and Materials (Aspen, 2d ed. 2006).

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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