Faculty News: April 2009
Faculty News April 2009 Issue
Timothy K. Armstrong
Assistant Professor of Law
Tim hosted a faculty-student brownbag lunch on his article, Fair Circumvention, 74 Brook. L. Rev. 1 (2008).
Tim's article, Digital Rights Management and the Process of Fair Use, 20 Harv. L.J. & Tech. 49 (2006), was cited in Ali Matin, Digital Rights Management (DRM) in Online Music Stores: DRM-Encumbered Music Downloads' inevitable Demise As a Result of the Negative Effects of Heavy-Handed Copyright Law, 28 Loy. L.A. Ent. L. Rev. 265 (2008); and Steven J. Horowitz, Note, Designing the Public Domain, 122 Harv. L. Rev. 1489 (2009).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn presented her latest paper, Deterring Double-Play Manipulation in Financial Crisis—Increasing Transaction Cost as a Regulatory Tool, 35 N.C. J. Int'l L. & Com. Reg. __ (2009) (with Rujing Meng (University of Hong Kong, Department of Finance and Economics)), at the University of Kentucky as part of the College's Scholar Exchange Program.
Lynn was quoted in Betting on Bad Corporate News, Contra Costa Times, Mar. 17. 2009.
Professor of Clinical Law
Marianna published a column in the American Israelite and the Cincinnati Herald, The Right to Confront Witnesses, which addressed the following questions: 1) Can a lawyer waive a client’s right to confront witnesses against him? and 2) Can a laboratory report be admitted into evidence without the analyst who did the testing being present at trial and subject to cross examination?
Marianna chaired the Truman Scholarship Committee, which awards scholarships to college juniors in Ohio, Indiana, and Kentucky who are committed to public service. She arranged and hosted the oral argument in Arbino v Johnson & Johnson as part of the Judge in Residence Program.
Marianna presented Highlights of the Past Term of the Ohio Supreme Court to the staff of the Cincinnati City Solicitor. She spoke to the Lawyers’ Club of Cincinnati on Punitive Damages.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara spoke on The Role of the SEC in the Financial Meltdown at a University of Dayton symposium, The Fallout from the Bailout, with former SEC Chair Harvey Pitt. Her article, Perceptions of Fairness of Securities Arbitration: An Empirical Study, was cited in Marcia Coyle, Credit Crisis Spawns Arbitration Claims, N.Y.L.J., Apr. 2, 2009, at 5.
A. Christopher Bryant
Professor of Law
Chris completed a draft of his essay, The Empirical Judiciary (reviewing David L. Faigman, Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford University Press, 2008)).
Chris’ article, 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), was cited in Caitlin E. Borgmann, Rethinking Judicial Deference to Legislative Fact-finding, 84 Ind. L.J. 1 (2009).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul hosted two luncheon discussion meetings for faculty, students, and staff on the DVD Series Nooma, sponsored by the Christian Legal Society.
Paul published several issues of his Tax Law Abstracts e-journals:
- 2 issues of Tax Law & Policy (vol. 10, nos. 9-10)
- 2 issues of Practitioner Series (vol. 9, nos. 4-5)
- 3 issues of International & Comparative Tax (vol. 9, nos. 4-6)
Two of Paul’s articles were cited:
- Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, 84 Wash. U. L. Rev. 1025 (2006), in Stephanie L. Plotin, Legal Scholarship, Electronic Publishing, and Open Access: Transformation or Steadfast Stagnation?, 101 Law Libr. J. 31 (2009).
- Tax Myopia Meets Tax Hyperopia: The Unproven Case of Increased Judicial Deference to Revenue Rulings, 57 Ohio St. L.J. 637 (1996), in Christopher M. Pietruszkiewicz, Economic Substance and the Standard of Review, 60 Ala. L. Rev. 339 (2009).
Jenny E. Carroll
Visiting Assistant Professor of Law
Jenny’s article, Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process, was accepted for publication in the Hastings Law Journal.
Profile of Professor Carroll
Jacob Katz Cogan
Assistant Professor of Law
Jacob’s article, Representation and Power in International Organization: The Operational Constitution and Its Critics, was accepted for publication in the American Journal of International Law, the peer-review journal of the American Society of International Law. He was elected Vice-Chair and Co-Chair-Elect of the International Organizations Interest Group of the American Society of International Law.
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret attended a reception at the United States Supreme Court hosted by Justice Sandra Day O’Connor. The Reception kicked off a three day Global Forum on Women and Justice sponsored by the Avon Foundation and the International Association of Women Judges. Margaret spent three days in Washington, D.C. conducting peer reviews of grant applications filed under the Violence Against Women Act. She also participated in a planning session for a conference on representing battered immigrant women sponsored by Legal Momentum. Margaret attended a meeting of the University’s Sexual Offense Response Team.
Margaret posted her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), on SSRN. She was quoted in Julia Alanen, When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving the Domestic Violence Defense, 40 U. Miami Inter-Am. L. Rev. 49 (2008).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark attended the United States Supreme Court arguments in District Attorney's Office of the Third Judicial District v. Osborne, along with approximately 18 students from the Ohio Innocence Project and his Wrongful Convictions seminar. The case addresses whether inmates have a constitutional right to DNA testing to prove their innocence.
A joint project between the Ohio Innocence Project and the Columbus Dispatch paved the way for the exoneration of Joseph Fears, which is described in Ohio Innocence Project Helps Man Clear His Name After Wrongful Conviction, UC News, March 6, 2009.
Mark and exonerees Robert McClendon and Joseph Fears were luncheon speakers at the Wise Temple in Cincinnati.
Mark and Melinda Dawson-Elkins were the keynote speakers at the annual alumni day for Indiana University - Purdue University at Indianapolis. They spoke to a crowd of approximately 350 people. The audience also watched the award-winning documentary Conviction: The True Story of Clarence Elkins. The event was described in Indiana University-Purdue University Indianapolis Event Explores Homicides from Crime Scene to Court, Lexis US Fed News, Feb. 25, 2009.
Mark, exoneree Robert McClendon, and the Ohio Innocence Project staff attended the Innocence Network Conference in Houston. Mark attended the Board of Directors meeting, and spoke at the International Committee group.
Mark was a panelist at the Weaver Institute symposium, Interrogations and False Confessions: Social Science Confronts the Law, and gave a talk on Reliability Lost, False Confessions Discovered.
Mark and several Ohio Innocence Project exonerees testified before the Criminal Justice Committee of the Ohio House of Representatives regarding the Ohio Innocence Project's wrongful conviction bill pending in the Ohio legislature.
Mark and exoneree Robert McClendon, spoke at DNA Diagnostics Center, the lab in Fairfield, Ohio that provides free DNA testing for the Ohio Innocence Project and performed the testing in the Robert McClendon case. The visit is described in Ohio Innocence Project Joins Freed Inmates in Thanking Fairfield DNA Center Through On-Site Visit, UC News, March 20, 2009.
Mark and the Ohio Innocence Project were featured as the cover story of the Akron Legal Times for February 2009 in an article entitled, Innocence Project Live and Well in Ohio.
Mark was quoted in:
- Savoring a First Taste of Freedom, Columbus Dispatch, March 11, 2009, at 01A.
- Columbus Man Finally Freed from Prison: DNA Tests Cleared Joseph Fears after 25 Years Behind Bars, Columbus Dispatch, March 10, 2009.
- Innocent Inmate Wants Out, but Forced to Wait a Few Days, Columbus Dispatch, March 7, 2009, at 01A.
- DNA Test Clears Prisoner, Columbus Dispatch, March 6, 2009, at 01A.
- Off Death Row, Parole Now Possible: Governor Heeds Board's Call for Clemency in Murder Case, Cincinnati Enquirer, Feb. 13, 2009.
Professor of Law and Criminal Justice
Christo was quoted in:
- Judge to Rule on Video Re-creation of Death, Cincinnati Enquirer, March 18, 2009, at 1B.
- Stakes High in Tub-death Trial, Cincinnati Enquirer, March 23, 2009, at 1A.
- Widmer Strategy: Create Doubt, NKY.Com, March 29, 2009.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
Bert’s article, Preliminary Thoughts Towards an International Convention on Terrorism, 68 Am. J. Int'l L. 69 (1974) (with Thomas M. Franck), was cited in Beth Van Schaack, Finding the Tort of Terrorism in International Law, 28 Rev. Litig. 381 (2008).
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy presented Solving the Truth Deficit on the Internet: Injunctions or Civil Damages? at Ohio State as part of the College’s Scholar Exchange Program.
Betsy was quoted in:
- Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), in Tara E. Lynch, Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability, 19 Syracuse Sci. & Tech. L. Rep. 1 (2008)
- Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), in Steven W. Feldman, Contract Law and Practice (Thomson-West, 2008 Supp.)
James B. Helmer, Jr. Professor of Law
Brad published Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. 1 (2009). Two of his articles were cited:
- Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, 60 SMU L. Rev. 157 (2007), in William J. Cantrell, Cleaning up the Mess: United Haulers, the Dormant Commerce Clause, and Transaction Costs Economics, 34 Colum. J. Envtl. L. 149 (2009).
- Implementing Rapanos–Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators, and Developers?, 40 Ind. L. Rev. 291 (2007), in Michael L. Eber, When the Dissent Creates the Law: Cross-cutting Majorities and the Prediction Model of Precedent, 58 Emory L.J. 207 (2008).
Assistant Professor of Law
Stephanie presented To Have and to Hold and to Shift between Us: Rethinking Marital Property for Federal Income Tax Return Filings at the Critical Tax Conference at Indiana. She served as discussant at Joy Mullane’s (Villanova) presentation, Round and Round: The Cyclical Process of Tax Legislation Regulating Executive Compensation, at the College as part of our Scholar Exchange Program.
Assistant Professor of Law
Darrell hosted a faculty-student brownbag lunch on his article, Guns as Smut: Defending the Home-Bound Second Amendment, 109 Colum. L. Rev. ___ (2009).
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas published Commentary: Let's Think about Human Factors, Not Human Failings, 37 J Am. Acad. Psychiatry & L. 25 (2009). He completed two manuscripts:
- Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation (with co-author and Weaver Fellow Jill L. Steinberg).
- Does the Law Recognize a Specific Competence to Divorce? (with co-author and Weaver Fellow Amanda N. Shoemaker).
Douglas attended the Annual Meeting of the Midwest Chapter of the American Academy of Psychiatry and the Law in Chicago. Several of his articles were cited:
- Assessing Predictions of Violence—Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Stuart D. M. Thomas, et al., Factors Associated with Seclusion in a Statewide Forensic Psychiatric Service in Australia over a 2-year Period, 18 Int’l J. Mental Health Nursing 2 (2009).
- The Imperfection of Protection through Detection and Intervention: Lessons from Three Decades of Research on the Psychiatric Assessment of Violence Risk, 30 J. Legal Med. 109 (2009), in William F. Sherwood, The Dangerous Patient: Medical, Legal, and Public Policy Responses–A Symposium Introduction and Overview, 30 J. Legal Med. 1 (2009); and Richard A. Goodman, The "Dangerous" Infected Patient: An Approach to Characterizing the Risks Posed by Persons with Communicable Infectious Diseases, 30 J. Legal Med. 13 (2009).
- ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Kirsten M. Wilkins, et al., Clinical Utility of the Hopkins Competency Assessment Test on an Inpatient Geropsychiatry Unit, 24 Am. J. of Alzheimers Disease & Other Dementias 34 (2009).
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Ben Van Calster, Multi-class AUC Metrics and Weighted Alternatives, 1-8 IEEE Inter’l Joint Conference on Neural Networks 1390 (2008); and Todd A. Alonzo, A Comparison of Tests for Restricted Orderings in the Three-class Case, 28 Stat. in Med. 1144 (2009).
- Unbuckling the 'Chemical Straitjacket': The Legal Significance of Recent Advances in the Pharmacological Treatment of Psychosis, 39 San Diego L. Rev. 1033 (2002), in Lars Noah, Comfortably Numb: Medicalizing (And Mitigating) Pain-and-Suffering Damages, 42 U. Mich. J.L. Reform 431 (2009).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael presented Ex parte Young: An Interbranch Perspective at the University of Toledo Law Review Symposium on Ex parte Young: The Font of Federal Rights Enforcement; Celebrating the Centennial 1908-2008. He hosted a faculty-student brownbag luncheon on his article, Congress, Separation of Powers, and Standing, 59 Case W. Res. L. Rev. ___ (2009).
Several of Michael’s publications were cited:
- Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood 1999) (with James L. Walker); 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); Shoring up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 B.U. L. Rev. 85 (1988) (with Richard Saphire); The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L.Rev. 1421 (with Rafael Gely); Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991); Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002); and The Three-Judge District Court in Voting Rights Litigation, 30 U. Mich. J. of L. Reform 79 (1996), in Larry W. Yackle, Federal Courts (Carolina Academic Press, 3d ed. 2009).
- Appellate Practice and Procedure: Cases and Materials (Thomson-West, 2d ed. 2005) (with Robert Martineau, Kent Sinclair & Randy Holland), in Thomas E. Baker, A Primer on the Jurisdiction of the U.S. Courts of Appeals (Federal Judicial Center, 2d ed. 2009).
- Rethinking Feminist Judging, 70 Ind. L.J. 891 (1995) (with Susan E. Wheatley), in Susan L. Miller & Shana L. Maier, Moving Beyond Numbers: What Female Judges Say about Different Judicial Voices, 29 J. Women, Politics & Poly 527 (2008).
- Recalibrating Justiciability in Ohio Courts, 51 Clev. St. L. Rev. 531 (2004), in Bradford C. Mank, Standing and Future Generations: Does Massachusetts v. EPA Open Standing for Generations to Come?, 34 Colum. J. Envtl. L. 1 (2009).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in Robert J. Hume, The Impact of Judicial Opinion Language in the Transmission of Federal Circuit Court Precedents, 43 Law & Soc’y Rev. 127 (2009).
- 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 Michael Dore, L. of Toxic Torts (Clark Boardman Callaghan, Environmental Law Series, 2009).
- The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely), in Aaron-Andrew P. Bruhl, The Supreme Court's Controversial GVRS--and an Alternative, 107 Mich. L. Rev. 711 (2009); and Carolyn Shapiro, Coding Complexity: Bringing Law to the Empirical Analysis of the Supreme Court, 60 Hastings L.J. 477 (2009).
Associate Professor of Law
Adam attended the Spring 2009 meeting of the American Academy of Appellate Lawyers (AAAL) in Austin, Texas at which he was awarded the AAAL's Eisenberg Prize, which recognizes the best scholarly article on appellate practice and procedure, for his article, Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007).
Adam presented The Pleading Problem at Boston College as part of the College’s Scholar Exchange Program.
Two of Adam’s articles were cited:
- 'Less' is 'More'? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle, 92 Iowa L. Rev. 1183 (2007), in Katherine Mesenbring Field, Agency, Code, or Contract: Determining Employees' Authorization under the Computer Fraud and Abuse Act, 107 Mich. L. Rev. 819 (2009).
- Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007), in Charles Alan Wright, et al., Federal Practice and Procedure (West, 2008 Supp.)
Profile of Professor Steinman
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe’s article, Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), was cited in Roberta F. Mann & Mona L. Hymel, Moonshine to Motorfuel: Tax Incentives for Fuel Ethanol, 19 Duke Envtl. L. & Pol'y F. 43 (2008).
Dean Tomain submitted his article Narrating Justice to the University of Cincinnati Law Review.
Additionally, Dean Tomain attended the American Law Institute Member Consultative Group meeting on Non-Profit Organizations as well as the Weathering the Storm meeting as the Board member of the Greater Cincinnati Foundation.
Dean Tomain served as commentator to Professor Jonathan Adler at the Federalist Society meeting and served as Reporter to the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar.
Professor of Law
Verna’s article, Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wis. L. Rev. 15, was cited in David S. Cohen, No Boy Left Behind? Single-sex Education and the Essentialist Myth of Masculinity, 84 Ind. L.J. 135 (2009).
Verna was quoted in Brown Recommends to President Obama Appointment of Steve Dettelbach for U.S. Attorney and Reappointment of Peter Elliot for U.S. Marshal, Lexis States News Service, March 2, 2009.