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Faculty News
May 2006 Issue

Marjorie Aaron Professor of Practice and Director, Center for Negotiation & Problem Solving
Photo of Professor AaronMarjorie co-presented (with Dwight Golann (Suffolk)) the opening plenary Frank Sander Lecture, Mediator Manipulation: The Art and the Ethics, at the ABA Section on Dispute Resolutions Annual Meeting in Atlanta.

Two of Marjorie’s publications, The Value of Decision Analysis in Mediation Practice 11 Negot. J. 123 (1995), and Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), were cited in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution: Practice and Procedure In Georgia (Thomson/West, 3rd ed. 2006).

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

Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna’s monthly Legally Speaking column in the American Israelite and City Beat was on Georgia v. Randolph, 547 U.S. ___ (3/22/06): Whose Castle Is This Anyway?

Marianna hosted the Honorable Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit, during his stint in the Judge-in-Residence Program at the College.

Profile of Professor Bettman

Kristin Kalsem Associate Professor of Law
Photo of Professor BrandserKristin presented Bankruptcy Reform and the Financial Well-Being of Women at St. Louis as part of the College’s Scholar Exchange Program.

Profile of Professor Kalsem

Lou Bilionis Dean and Nippert Professor of Law
Image of Dean BilionisCommunity Service:
• Elected to Board of Directors of Community Shares of Greater Cincinnati

University and College Service and Activities:
• Convened College of Law Faculty and Staff Strategic Planning Retreat (March 2006)
• Appointed by President Zimpher to serve as chairperson of UC|21 Diversity Task Force Steering Committee (April 2006)
• Traveled to China with delegation of UC deans to explore collaborations with Chinese universities (April 2006)

• College of Law Alumni Reception in Naples, FL (Feb. 2006)
• Banquet for guest judges at annual Rendigs Products Liability Moot Court Competition (April 2006) (and also served as judge in the competition)
• College of Law Senior Banquet (April 2006)

Addresses, Remarks:
• University of Cincinnati Association of Administrators, Managers, and Professionals luncheon (March 2006)
• UC Law Alumni Association Spring Alumni Luncheon (April 2006)
• Open Houses for newly admitted prospective students (March & April 2006)

Shorter Remarks:
• Taft Lecture, UC College of Law (Welcome and Introduction, Feb. 2006)
• Marx Lecture, UC College of Law (Welcome and Introduction, Feb. 2006)
• Rosenthal Institute for Justice Presents a Conversation with Clarence Elkins and Attorney General Jim Petro (Welcome and Introduction, Feb. 2006)
• Mayor Mark Mallory address commemorating Black History Month (Welcome and Introduction, Feb. 2006)
• Glenn M. Weaver Institute of Law and Psychiatry, The Future of the ‘Duty to Protect’: Scientific and Legal Perspectives on Tarasoff’s Thirtieth Anniversary, UC College of Law, Tangeman Center (Welcome and Introduction, March 2006)
• Center for Corporate Law, Nineteenth Annual Corporate Law Symposium, Debt as a Lever of Control (Welcome and Introduction, March 2006)

• ABA Mid-Year Meeting and Dean’s Workshop (Chicago, IL Feb. 2006)
• Ohio Bench & Bar Deans Conference (Newark, OH, March 2006)

• Scholarly work (and interest in baseball) acknowledged in Paul L. Caron & Rafael Gely, Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings, 81 Indiana L. J. 1, 3-4 n.17 (2006) (Symposium: The Next Generation of Law School Rankings).
Conservative Reformation, Popularization, and the Lessons of Reading Criminal Justice as Constitutional Law, 52 UCLA L. Rev. 979 (2005), cited in David J. Barron, Fighting Federalism with Federalism: If It's Not Just a Battle between Federalists and Nationalists, What Is It?, 74 Fordham L. Rev. 2081, 2088 (2006) (Symposium: The Jurisprudence of Justice Stevens).

Profile of Dean Bilionis

A. Christopher Bryant Professor of Law
Photo of Professor BryantChris served as a panelist in the Ohio State Bar Association Media Law Seminar on A Reporter's Privilege (Shield Law) at the College. Chris and Ronna Schneider mooted a Highlands High School "We the People" team that is preparing for the national competition in Washington, D.C.

Profile of Professor Bryant

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

Photo of Professor CaronPaul organized and moderated a day-long symposium on Bloggership: How Blogs Are Transforming Legal Scholarship at Harvard Law School. Over twenty of the nation’s leading law professor bloggers participated in the event, including Ann Althouse (Wisconsin; Althouse), Douglas Berman (Ohio State; Sentencing Law & Policy), Paul Butler (George Washington; BlackProf), Glenn Reynolds (Tennessee; InstaPundit), Larry Solum (Illinois; Legal Theory Blog), and Eugene Volokh (UCLA; The Volokh Conspiracy). Paul’s 20-minute Introduction was entitled Are Bloggers Better Scholars? For further details on the symposium, see:
List of Speakers and Topics
Download Papers

Paul celebrated the two-year anniversary of his TaxProf Blog. Since its launch on April 15, 2004, 1.4 million visitors have come to the blog, making it one of the five most popular blogs by a law professor. Thomson – the corporate parent of Foundation Press and West Publishing – has agreed to sponsor Paul’s Law Professor Blogs Network of 28 blogs patterned after TaxProf Blog

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com):
• 4 issues of Tax Law & Policy (vol. 7, nos. 12-14).
• 4 issues of Practitioner Series (vol. 6, nos. 11-14).
• 2 issues of International & Comparative Tax (vol. 6, no. 3-5) (co-edited with Robert A. Green (Cornell)).

Paul’s article, Tax Myopia Meets Tax Hyperopia: The Unproven Case of Increased Judicial Deference to Revenue Rulings, 57 Ohio St. L.J. 637 (1996), was cited in W. Eugene Seago & Edward J. Schnee, Deference under the Clear Reflection of Income Requirement: Sui Generis, 5 Hous. Bus. & Tax. L.J. 160 (2005)

Profile of Professor Caron

Margaret B. Drew, Professor of Clinical Law
Director, Domestic Relations/Violence Clinic

Photo of Professor DrewMargaret conducted a telephone program for the Florida Guardian Ad Litem Program on secondary trauma for attorneys and others working on abuse cases. The program was a follow up to the Jan. 2006 ABA Journal article, Ripple Effects, in which she was featured. Margaret also chaired a meeting of the ABA Commission on Domestic Violence held in Nashville.

Profile of Professor Drew

Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom published Tom Morawetz's Robust Enterprise: Jurisprudence after Wittgenstein, 29 Philosophical Investigations 140 (2006).

Profile of Professor Eisele

Rafael Gely Professor of Law
Photo of Professor GelyRafael presented (with Michael Solimine) The Supreme Court and DIGs: Agenda Setting and Strategic Behavior at the Midwest Political Science Association Annual Meeting.

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 Rosenthal Institute for Justice hosted two events:
Strengthening Prosecutions: Improving Eyewitness Identification Procedures in Ohio at The Phoenix
• A presentation on The Zeal Deal: Prosecutorial Resistance to Post-Conviction Claims of Innocence, by Daniel S. Medwed (Utah)

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

Emily Houh Professor of Law
Photo of Professor HouhEmily and the Immigration and Nationality Law Review hosted Turkey & Europe: The Challenges of the Enlarged European Union, by Dr. Christos P. Ioannides Director of the Center for Byzantine & Modern Greek Studies, Queens College, City University of New York.

Two of Emily’s articles were cited:
Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), in Frank Rudy Cooper, Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy, 39 U.C. Davis L. Rev. 853 (2006), and Adele M. Morrison, Changing the Domestic Violence (Dis)course: Moving from White Victim to Multi-cultural Survivor, 39 U.C. Davis L. Rev. 1061 (2006).
Toward Praxis, 39 U.C. Davis L. Rev. 905 (2006), in Angela Onwuachi-Willig, Foreword: This Bridge Called Our Backs: An Introduction to "The Future of Critical Race Feminism," 39 U.C. Davis L. Rev. 733 (2006).

Profile of Professor Houh

Ann Hubbard Professor of Law
Image of Professor Hubbard Ann presented The Major Life Activity of Having and Making Meaningful Life Choices at Ohio State as part of the College’s Scholar Exchange Program. Two of her articles, The Major Life Activity of Belonging, 39 Wake Forest L. Rev. 217 (2004), and Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), were cited in James Leonard, The Equity Trap: How Reliance on Traditional Civil Rights Concepts Has Rendered Title I of the ADA Ineffective, 56 Case W. Res. L. Rev. 1 (2005), and Amy J. Sepinwall, Defense of Others and Defenseless "Others," 17 Yale J.L. & Feminism 327 (2005).

Profile of Professor Hubbard

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

Photo of Professor LockwoodBert hosted a group of Distinguished Visitors from the Middle East through a State Department program in conjunction with the International Visitors Council.

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 published Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006). Betsy presented commentary on papers by Eric Goldman (Marquette), Glenn Reynolds (Tennessee), and Eugene Volokh (UCLA) at the conference on Bloggership: How Blogs Are Transforming Legal Scholarship at Harvard Law School.

Two of Betsy’s articles were cited:
Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev. 603 (2001), in Melissa Hart, Skepticism and Expertise: The Supreme Court and the EEOC, 74 Fordham L. Rev. 1937 (2006).
Taming Terrorists But Not "Natural Born Killers" , 27 N. Ky. L. Rev. 81, 85 (2000), in Robert S. Tanenbaum, Preaching Terror: Free Speech or Wartime Incitement?, 55 Am. U. L. Rev. 785 (2006).

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 published two articles:
Prudential Standing and the Dormant Commerce Clause: Why the “Zone of Interests” Test Should Not Apply to Constitutional Cases, 48 Ariz. L. Rev. 609 (2006).

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?, 24 Va. Envtl. L.J. 75 (2005).

Brad’s article, Legal Context: Reading Statutes in Light of Prevailing Legal Precedent , 34 Ariz. St. L.J. 815 (2002), was cited in A Thinly Veiled Request for Congressional Action on E-mail Privacy: United States v. Councilman, 19 Harv. J.L. & Tech. 211 (2005) (recent developments).

Profile of Professor Mank

Michael E. Solimine Donald P. Klekamp Professor of Law, Director, Faculty Development, & Director, Extern Program
Photo of Professor SolimineMichael presented (with Rafael Gely) The Supreme Court and DIGs: Agenda Setting and Strategic Behavior at the Midwest Political Science Association Annual Meeting.

Several of Michael’s articles were cited:
Judicial Reputation: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William Landes & Lawrence Lessig), in Thomas G. Hansford & James F. Spriggs, II, The Politics of Precedent on the U.S. Supreme Court (Princeton University Press 2006).
Enforcement and Interpretation of Settlements of Federal Civil Rights Actions, 19 Rutgers L.J. 295 (1988), in Caleb Nelson, The Persistence of General Law, 106 Colum. L. Rev. 503 (2006).
The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), and Federalism, Liberty and State Constitutional Law, 23 Ohio N.U. L. Rev. 1457 (1997) (with James L. Walker), in Robert F. Williams, Juristocracy in the American States?, 65 Md. L. Rev. 68 (2006).
Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Paul G. Ulrich & Sidley Austin, Federal Appellate Practice Guide: 9th Circuit (West Group, 2006 Supp.).
Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), and Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Const. L.Q. 213 (1983) (with James L. Walker), in Thomas H. Lee, Countermajoritarian Federalism, 74 Fordham L. Rev. 2123 (2006).

Profile of Professor Solimine

Ronna G. Schneider Professor of Law
Photo of Professor SchneiderRonna and Chris Bryant mooted a Highlands High School “We the People” team that is preparing for the national competition in Washington, D.C.

Profile of Professor Schneider

Adam N. Steinman Assistant Professor of Law
Photo of Professor SteinmanAdam published The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 81 (2006). He presented Sausage-Making, Pigs’ Ears, and Congressional Expansions of Federal Jurisdiction: Exxon Mobil v. Allapattah and its Lessons for the Class Action Fairness Act, 81 Wash. L. Rev. ___ (2006), at a faculty workshop at the University of Kansas School of Law as part of UC’s Scholar Exchange Program.

Adam participated in a panel at UC’s Showcase 2006 on Fueling the Creative Economy: Workforce Development. His article, Reconceptualizing Federal Habeas Corpus for State Prisoners: How Should AEDPA's Standard of Review Operate after Williams v. Taylor?, 2001 Wisconsin L. Rev. 1493 (2001), was cited in Recent Cases, 119 Harv. L. Rev. 1931 (2006)

Profile of Professor Steinman

Suja Thomas Professor of Law
Photo of Professor ThomasSuja published an op-ed in the April 10 National Law Journal: Summary Judgment: We Can Live Without It. The op-ed is based on her forthcoming article, Why Summary Judgment is Unconstitutional, 93 Va. L. Rev. ___ (2007).

Profile of Professor Thomas

Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain Joe was named President of the Mercantile Library for 2006 as reported in Business People, Cincinnati Enquirer, March 26, 2006, at 6E.

Profile of Dean Emeritus and Wilbert and Helen Ziegler Professor Tomain

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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