Faculty News: December 2008
Faculty News December 2008 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie offered a Practice View on Employment Litigation. She appears as one of two mediators in a new DVD, Skills of a Mediator, to be included with a forthcoming book on mediation practice by Dwight Golann to be published by the ABA.
Timothy K. Armstrong
Assistant Professor of Law
Tim's article, Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), was cited in Abigail R. Moncrieff, Reincarnating the "Major Questions" Exception to Chevron Deference as a Doctrine of Noninterference (or Why Massachusetts v. EPA Got it Wrong), 60 Admin. L. Rev. 593 (2008).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn moderated a panel discussion at the second annual ethics conference, The Role of the General Counsel in Advising Management and the Board of Directors, sponsored by the Corporate Law Center and the Association of Corporate Counsel, Southwest Ohio Chapter. Paul Heldman, General Counsel of the Kroger Company, was the keynote speaker.
Professor of Clinical Law
Marianna was honored by the Greater Cincinnati Consortium of Colleges and Universities at its 21st Annual Celebration of Teaching at Xavier’s Cintas Center on Friday, Nov. 14, 2008. She published columns in the American Israelite and the Cincinnati Herald on the doctrine of forfeiture by wrongdoing.
Marianna presented the Most Important Cases of the Last Term of the Ohio Supreme Court to the Cincinnati Bar Association and to the Law School Alumni Association. She arranged for State Senator (and UC Law alumnus) Bill Seitz to give the Harris Distinguished Practitioner Lecture.
Marianna attended the final meeting of Task Force charged with the rewriting of the Ohio Code of Judicial Conduct. She arranged a special 2-hour program and interdisciplinary panel discussion for students analyzing a recent Ohio Supreme Court oral argument.
Judge Joseph P. Kinneary Professor of Law
Joseph published Testamentary Cases in Fifteenth-Century Chancery, 76 Tijdschrift voor Rechsgeshiedenis 283 (2008).
Joseph’s articles, For Want of Justice: Legal Reforms of Henry II, 88 Colum. L. Rev. 433 (1988), and The Origins and Development of the Penalty Bond with Conditional Defeasance, J. Legal Hist. 103 (2005), were cited in Joshua C. Tate, Caregiving and the Case for Testamentary Freedom, 42 U.C. Davis L. Rev. 129 (2008).
Profile of Professor Biancalana
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara spoke on the SEC's and Ohio's “up-the-ladder” reporting requirements at the second annual ethics conference, The Role of the General Counsel in Advising Management and the Board of Directors, sponsored by the Corporate Law Center and the Association of Corporate Counsel, Southwest Ohio Chapter. Paul Heldman, General Counsel of the Kroger Company, was the keynote speaker.
Barbara was appointed for a three-year term as a non-industry member of the National Adjudicatory Council (NAC) of the Financial Industry Regulatory Authority (FINRA). NAC is the national committee that reviews initial decisions rendered in FINRA disciplinary and membership proceedings.
Several of Barbara’s publications were cited:
- Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005) and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin.. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2008 Supp.).
- Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan 2008 Supp.).
- Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), in Elizabeth Cosenza, Rethinking Attorney Liability under Rule 10b-5 in Light of the Supreme Court's Decisions in Tellabs and Stoneridge, 16 Geo. Mason L. Rev. 1 (2008).
A. Christopher Bryant
Professor of Law
Two of Chris’s articles were cited:
- Remanding to Congress: The Supreme Court's New "On the Record" Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone), in Matthew C. Stephenson, The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Legislative Enactment Costs, 118 Yale L.J. 2 (2008).
- Retroactive Application of "New Rules" and the Antiterrorism and Effective Death Penalty Act, 70 Geo. Wash. L. Rev. 1 (2002), in Giovanna Shay & Christopher Lasch, Initiating a New Constitutional Dialogue: The Increased Importance under AEDPA of Seeking Certiorari from Judgments of State Courts, 50 Wm. & Mary L. Rev. 211 (2008).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul presented The Estate Tax Non-Gap: Why Repeal a 'Voluntary' Tax? at Stanford Law School’s Closing the Tax Gap Symposium. The article will be published in the Stanford Law & Policy Review.
He was named one of the Top 100 Most Influential People in Tax and Accounting for the third year in a row by Accounting Today.
The Law Stories Series of Foundation Press, for which Paul serves as Series Editor, published:
- Presidential Power Stories, by Curtis A. Bradley (Duke) & Christopher H. Schroeder (Duke).
- Race Law Stories, by Devan Carbado (UCLA) & Rachel Moran (UC-Berkeley).
The Graduate Tax Series of LexisNexis, for which Paul serves as Series Editor, published:
- Civil Tax Procedure (2d ed.), by David Richardson (Florida), Jerome Borison (Denver) & Steve Johnson (UNLV).
- Partnership Taxation (2d ed.), by Richard Lipton (Baker & McKenzie), Paul Carman (Chapman & Cutler), Charles Fassler (Greenebaum, Doll & McDonald) & Walter Schwidetzky (Baltimore).
Paul launched several new blogs as part of his Law Professor Blogs Network:
- Administrative Law Prof Blog, by Ted McClure (Phoenix), Kamina Pinder (John Marshall) & Lisa Tripp (John Marshall).
- Career & Professional Development Blog, by Susan Gainen (Minnesota) & Mina Jones Jefferson (Cincinnati).
- Civil Procedure Prof Blog, by Jeremy Counseller (Baylor) & Rory Ryan (Baylor).
Paul published several issues of his Tax Law Abstracts e-journals:
- 2 issues of Tax Law & Policy (vol. 9, nos. 38-39).
- 2 issues of Practitioner Series (vol. 8, nos. 22-23).
- 1 issue of International & Comparative Tax (vol. 8, no. 25).
Several of Paul’s articles were cited:
- Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings, 81 Ind. L.J. 1 (2005) (with Rafael Gely), in Alexis Anderson & Norah Wylie, Beyond the ADA: How Clinics Can Assist Law Students with "Non-visible" Disabilities to Bridge the Accommodations Gap between Classroom and Practice, 15 Clinical L. Rev. 1 (2008).
- Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. Legal Educ. 551 (2004) (with Rafael Gely), in Louise Harmon, Pedagogical Forays: The Lawyer Scribe: The Litchfield Law School, Laptops, and the Metaphysics of Soul-searching, 32 Legal Stud. F. 837 (2008),
- Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. Legal Educ. 551 (2004) (with Rafael Gely), and Back to the Future: Teaching Law Through Stories, 71 U. Cin. L. Rev. 405 (2002), in Gregory W. Bowman, The Comparative and Absolute Advantages of Junior Law Faculty: Implications for Teaching and the Future of American Law Schools, 8 BYU Educ. & L. J. 171 (2008).
Visiting Assistant Professor of Law
Jenny was quoted in Passion for Politics, Cincinnati Enquirer, Nov. 2, 2008, at 1A.
Profile of Professor Carroll
Jacob Katz Cogan
Assistant Professor of Law
Jacob offered a Practice View on International Law.
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret moderated a panel at the Clinical Legal Education Association Mid-West Conference at Indiana on Helping Clients Heal Through Community Collaborations with Janet Moore (Director of the College's Indigent Defense Clinic) and Christina Misner (Oklahoma City).
Margaret presented Using Social Science in Developing Your Case as well as Sustaining the Practicing Lawyer at a daylong program on representing domestic violence clients sponsored by Indianapolis Continuing Legal Education. She submitted an amicus brief on behalf of the Domestic Violence and Civil Protection Order Clinic on a 4th District (Ohio)case challenging the terms of a civil protection order.
Margaret was quoted in Bureau: 32% College Students Victims of Abuse, The News Record, Nov. 26, 2008.
Profile of Professor Drew
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark was quoted in Group: DNA Raises Questions of Guilt in '81 Rape, Cleveland Plain Dealer, Nov. 22, 2008, at B3.
Gustavus Henry Wald Professor of Law and Contracts
Emily and her husband Andrew welcomed their second child into their family – Rowan was born on October 30.
Professor of Law
Ann’s article, Improving the Fitness Inquiry of the North Carolina Bar Application, 81 N.C. L. Rev.2179 (2003), was cited in Wendy F. Hensel, The Disability Dilemma: A Skeptical Bench & Bar, 69 U. Pitt. L. Rev. 637 (2008).
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
The Pennsylvania Studies in Human Rights Series of The University of Pennsylvania Press, for which Bert serves as Series Editor, published Lisa Magarrell & Joya Wesley, Learning from Greensboro: Truth and Reconciliation in the United States (2008).
James B. Helmer, Jr. Professor of Law
Several of Brad’s articles were cited:
- Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better than Judicial Literalism, 53 Wash. & Lee L. Rev. 1231 (1996), in Norman J. Singer, Sutherland Statutes and Statutory Construction (Thomson-West, 2008 Supp.).
- Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts v. EPA’s New Standing Test for States, 49 Wm & Mary L. Rev. 1701 (2008), in Christie Henke, Giving States More to Stand On: Why Special Solicitude Should Not Be Necessary, 35 Ecology L.Q. 385 (2008).
- Suing Under § 1983: The Future after Gonzaga v. Doe, 39 Hous. L. Rev. 1417 (2003), in Rosalie Berger Levinson, Misinterpreting “Sounds of Silence”: Why Courts Should Not “Imply” Congressional Preclusion of § 1983 Constitutional Claims, 77 Fordham L. Rev. 775 (2008).
- Superfund Contractors and Agency Capture, 2 N.Y.U. Envtl L.J. 34 (1993), in Sara Clark, In the Shadow of the Fourth Circuit: Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, 35 Ecology L.Q. 143 (2008).
- What Comes After Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stan. Envtl. L.J. 263 (1994) and Should State Corporate Law Define Success or Liability? The Demise of CERCLA’s Federal Common Law, 68 U. Cin. L. Rev. 1157 (2000), in William H. Rodgers, Jr., Environmental Law (West, 2nd ed., 2008 Supp.)
Assistant Professor of Law
Stephanie presented A Life of its Own: The Rhetorical Power of the Income Tax in the United States through World War I at the National Tax Association's 101st Annual Conference in Philadelphia. She posted To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939-1947 on SSRN.
Assistant Professor of Law
Darrell presented White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. 999 (2008), at Chicago-Kent as part of the UC-Chicago-Kent Scholar Exchange Program.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas posted Quantifying the Accuracy of Forensic Examiners in the Absence of a Diagnostic 'Gold Standard' (with Michael D. Bowen, David Vanness, David Bienenfeld, Terry Correll, Jerald Kay, William M. Klykylo & Douglas S. Lehrer) on SSRN
Several of Douglas’s articles were cited:
- Assessing Predictions of Violence—Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Barbara E. McDermott, et al., The Conditional Release of Insanity Acquittees: Three Decades of Decision-Making, 36 J. Am. Acad. Psychiatry & L. 329 (2008); in John M. Fabian, Current Standards and Practices in Violence Risk Assessment at a Maximum Security Forensic Hospital Following a High Profile Sexual Homicide, 13 Aggression & Violent Behav. 337 (2008); and in Pamela R. Blair, David K. Marcus, & Marcus T. Boccaccini, Is There an Allegiance Effect for Assessment Instruments? Actuarial Risk Assessment as an Exemplar, 15 Clin. Psychol.-Science & Prac. 346 (2008).
- Resampling Techniques in the Analysis at Non-binormal ROC Data, 15 Med Decis Making 358 (1995), in Nicholas P. Gruszauskas, et al., Performance of Breast Ultrasound Computer-aided Diagnosis: Dependence on Image Selection, 15 Acad. Radiology 1234 (2008).
- ROC Curves, Test Accuracy, and the Description of Diagnostic-Tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Aleksandar A. Jovanovic, et al., Reliability and Validity of DSM-IV Axis V Scales in a Clinical Sample of Veterans with Posttraumatic Stress Disorder, 20 Psychiatria Danubina 286 (2008) and in Diana Zwahlen, et al., Screening Cancer Patients' Families with the Distress Thermometer (DT): A Validation Study, 17 Psycho-Oncology 959 (2008).
Ronna Greff Schneider
Professor of Law
Both of Ronna’s books were cited:
- Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004), in William E. Hartsfield, Investigating Employee Conduct (Clark, Boardman, Callaghan 2008 Supp.).
- Education Law Stories, (Foundation Press, Stories Series, 2008) (with Michael A. Olivas), in Wendy Parker, Desegregating Teachers, 86 Wash. U. L. Rev. 1 (2008).
Profile of Professor Schneider
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael, along with other federal courts professors, filed an amicus curiae brief in the In re National Security Agency Telecommunications Records Litigation (U.S. District Court, N.D. Cal.), on the issue of the constitutionality of the Congressional amendments in 2008 to the Foreign Intelligence Surveillance Act of 1978, which retroactively extended immunity to several of the defendants in the case.
Several of Michael’s publications were cited:
- Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals under Rule 23(f), 41 Wm. & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines), in Alba Conte & Herbert B. Newberg, Newberg on Class Actions (Thomson/West, 4th ed. 2008 Supp.).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Karen Knop, Ralf Michaels & Annelise Riles, Forward: Transdisciplinary Conflict of Laws, 71 L. & Contemp. Probs. 1 (2008).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes and Lawrence Lessig), in Jonathan Remy Nash & Rafael I. Pardo, An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review, 61 Vand. L. Rev. 1745 (2008).
- The Law and Economics of Conflict of Laws, 4 Am. L. & Econ. Rev. 208 (2002) (reviewing Michael J. Whincop & Mary Keyes, Policy and Pragmatism in the Conflict of Laws (2001)) and An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Ralf Michaels, Economics of Law as Choice of Law, 71 L. & Contemp. Probs. 73 (2008).
- Recovery of Economic Damages in Product Liability Actions and the Reemergence of Contractual Remedies, 51 Mo. L. Rev. 977 (1986), in Vicki Lawrence MacDougall, Oklahoma Product Liability Law (Thomson West, Oklahoma Practice Series, 2008 Supp.).
- Respecting State Courts: The Inevitability of Judicial Federalism, (Greenwood 1999) (with James L. Walker) and The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Amanda Frost, Overvaluing Uniformity, 94 Va. L. Rev. 1567 (2008).
- Respecting State Courts: The Inevitability of Judicial Federalism, (Greenwood 1999) (with James L. Walker) and Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Aaron-Andrew P. Bruhl, The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law, 83 N.Y.U. L. Rev. 1420 (2008).
- State Court Regulation of Offers of Judgment and Its Lessons For Federal Practice, 13 Ohio St. J. Disp. Res. 51 (1997) (with Bryan Pacheco), in Robert G. Bone, “To Encourage Settlement”: Rule 68, Offers of Judgment, and the History of the Federal Rules of Civil Procedure, 102 Nw. U. L. Rev. 1561 (2008).
- Supreme Court Monitoring of the United States Courts of Appeals En Banc 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Roger P. Alford, Lower Courts and Constitutional Comparativism, 77 Fordham L. Rev. 647 (2008) and in Tracey E. George & Chris Guthrie, "The Threes": Re-Imagining Supreme Court Decisionmaking, 61 Vand. L. Rev. 1825 (2008).
Associate Professor of Law
Adam published An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process, 103 Nw. U. L. Rev. Colloquy 230 (2008). He presented his arguments about the proposed Rule 56 amendments in a formal comment to the Civil Rules Advisory Committee:
Adam’s article, Reconceptualizing Federal Habeas Corpus for State Prisoners: How Should AEDPA's Standard of Review Operate after Williams v. Taylor?, 2001 Wisc. L. Rev. 1493 (2001), was cited in Giovanna Shay & Christopher Lasch, Initiating a New Constitutional Dialogue: The Increased Importance under AEDPA of Seeking Certiorari from Judgments of State Courts, 50 Wm. & Mary L. Rev. 211 (2008).
Profile of Professor Steinman
Professor of Law
Verna posted The Heart of the Game: Putting Race and Educational Equity at the Center of Title IX, 7 Va Sports & Ent. L.J. 21 (2008), on SSRN. She was quoted in Striking a Balance While Becoming a First Family, Nov. 6, 2008, at A1.