Faculty News November 2009 Issue

Timothy K. Armstrong
Associate Professor of Law

Tim’s article, Chevron Deference and Agency Self-Interest, 13 Cornell J. L. & Pub. Pol'y 203 (2004), was cited in Nathan Alexander Sales & Jonathan H. Adler, The Rest Is Silence: Chevron Deference, Agency Jurisdiction, and Statutory Silences, 2009 U. Ill. L. Rev. 1497.

Profile of Professor Armstrong

Marianna Bettman
Professor of Clinical Law

The judicial recommendation panel Marianna chairs recommended three names to Gov. Strickland to fill the vacancy in the Sixth District Court of Appeals in Toledo.

Marianna published another Legally Speaking column in the Cincinnati Herald and American Israelite: The Confidentiality of Medical Records, which examines the Ohio Supreme Court's recent decision in Hageman v. Southwest Gen. Health Ctr., 2008-Ohio-3343.

Marianna posted for 3L Jeff Hicks summaries of all cases heard by Justice Sandra Day O’Connor when she sat as a guest on the U.S. Court of Appeals for the Sixth Circuit. She also attended the Federal Bar Association dinner honoring Justice O’Connor.

Marianna wrote an amicus curiae brief for Ohio State Bar Association, urging the Ohio Supreme Court not to adopt a position which would require the “shotgunning” (naming every health care provider whose name appears in a medical record) of defendants in medical claims.

Marianna attended the investiture ceremony of William Mallory, Jr. as judge on the First District Court of Appeals. She also attended an Appellate Practice seminar at the Cincinnati Bar Association.

Profile of Professor Bettman

Lou Bilionis
Dean & Nippert Professor of Law

Lou’s article, Conservative Reformation, Popularization, and the Lessons of Reading Criminal Justice as Constitutional Law, 52 UCLA L. Rev. 979 (2005), was cited in Alice Ristroph, Is American Constitutional Law in Crisis?: Is Law? Constitutional Crisis and Existential Anxiety, 25 Const. Comment. 431 (2009). He was quoted in Event Shines Light on Domestic Violence, Cincinnati Enquirer, Oct. 22 , 2009.

Profile of Professor Bilionis

Barbara Black
Charles Hartsock Professor of Law and Director, Corporate Law Center

Barbara was the co-chair and one of the principal speakers at the Securities Law Seminar held in conjunction with the Annual Meeting of the Public Investors Arbitration Bar Association (PIAA) in Carlsbad, California. She spoke on securities law developments and regulatory reform affecting retail investors.

Profile of Professor Black

A. Christopher Bryant
Professor of Law

Chris published The Empirical Judiciary, 25 Const. Comment. 467 (2009) (reviewing David L. Faigman, Constitutional Fictions: A Unified Theory of Constitutional Facts (2008)). He presented The Pursuit of Perfection: The Extent of Congressional Power to Enforce the Reconstruction Amendments at Toldeo as part of its Faculty Workshop Series.

Profile of Professor Bryant

Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law

Paul’s TaxProf Blog was cited in the New York Times. He was named one of the 100 Best Professors Who Blog by Online College.

Paul published several issues of his SSRN Tax Law Abstracts e-journals:

• 8 issues of Tax Law & Policy (vol. 10, nos. 43-50)
• 8 issues of Practitioner Series (vol. 9, nos. 13-20)
• 4 issues of International & Comparative Tax (vol. 9, nos. 15-18)

Profile of Professor Caron

Jenny E. Carroll
Visiting Assistant Professor of Law

Jenny presented Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment, Adult Process, 61 Hastings L.J. ___ (2009), at the Juvenile Defender Leadership Conference in Denver. Her latest paper, Of Rebels, Rogues and Roustabouts: The Jury's Second Coming, was featured on Larry Solum’s Legal Theory Blog and Kevin Cole’s CrimProf Blog.

Margaret Drew
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic

Margaret attended a two day conference, Introduction to Empirical Research for Clinicians and Public Interest Lawyers, at the University of Pennsylvania School of Law. She co-chaired a meeting of the Hamilton County Fatality Review Committee.

Margaret was appointed liaison to the ABA Civil Right to Counsel Working Group chaired by former ABA president Michael Greco. She attended a meeting of the Court Work Group of the Hamilton County Domestic Violence Coordinating Council.

Thomas D. Eisele
Professor of Law

Tom published Bitter Knowledge: Learning Socratic Lessons of Disillusion and Renewal (University of Notre Dame Press, 2009).

Profile of Professor Eisele

Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Mark’s essay, Shining the Bright Light on Police Interrogation in America, 6 Ohio St. J. Crim. L. 711 (2009) (reviewing Richard A. Leo, Police Interrogation and American Justice (2008)), was featured on Larry Solum's Legal Theory Blog. He spoke on the death penalty at the University of Akron.

The Ohio Innocence Project gave a seminar, Strengthening Prosecutions: Improving Eyewitness Identification Procedures in Ohio, for police and prosecutors in Columbus on wrongful conviction and the proper way to perform eyewitness identification procedures. Mark both spoke and served as master of ceremonies for the event.

Mark was quoted in:

• Changes Likely for New DNA Bill, Columbus Dispatch, Oct. 22, 2009.
• Event Shines Light on Domestic Violence, Cincinnati Enquirer, Oct. 22, 2009.

Profile of Professor Godsey

Stephanie McMahon
Assistant Professor of Law

Stephanie presented:

• California Women: Using Federal Taxes to Put the "Community" in Community Property to the Ohio Legal History Seminar.
• Tax Filing in the U.K.: A Guide for the U.S. When Eliminating the Marriage Penalty at the 2009 Central States Law Schools Association Annual Conference at Capital.

Profile of Professor McMahon

Darrell Miller
Assistant Professor of Law

Darrell published State Domas, Neutral Principles. and the Mobius of State Action, 81 Temple L. Rev. 967 (2009). He presented Iqbal and Empathy at the Enforcing Constitutional Rights in the 21st Century Symposium at the University of Missouri-Kansas City.

Profile of Professor Miller

Douglas Mossman
Director, Glenn M. Weaver Institute of Law and Psychiatry

Several of Doug’s articles were cited:

• Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Calvin M. Langton, et al, Prediction of Institutional Aggression among Personality Disordered Forensic Patients Using Actuarial and Structured Clinical Risk Assessment Tools: Prospective Evaluation of the HCR-20, VRS, Static-99, and Risk Matrix 2000, 15 Psychol. Crime & L. 635 (2009).
• AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial, 35 J. Am. Acad. Psychiatry & L. S3 (2007), in Tija Zarkovic Palijan, Lana Muzinic, & Sanja Radeljak, Psychiatric Comorbidity in Forensic Psychiatry, 21 Psychiatria Danubina 429 (2009).
• Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Jialiang Li & Xiao-Hua Zhou, Nonparametric and Semiparametric Estimation of the Three Way Receiver Operating Characteristic Surface, 139 J. Stat. Plan. & Inference 4133 (2009).
• Veterans Affairs Disability Compensation: A Case Study in Countertherapeutic Jurisprudence, 24 Bull. Am. Acad. Psychiatry & L. 27 (1996), in Michele R. Spoont, et al., From Trauma to PTSD: Beliefs about Sensations, Symptoms, and Mental Illness, 19 Qualitative Health Res. 1456 (2009).

Doug and his article, Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard,” L. & Hum. Behavior (2009) (with Michael D. Bowen, David J. Vanness, David Bienenfeld, Terry Correll, Jerald Kay, William M. Klykylo, & Douglas S. Lehrer), were featured in First-of-Kind Study Shows Model Can Be Used to Rate Courtroom Psychiatric Experts' Performance, UC News, Oct. 12, 2009.

Profile of Professor Mossman

Ronna Greff Schneider
Professor of Law

Ronna’s book, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004), was cited in Lindsay M. Saxe, Politics Versus Precision: Did the Miami-Dade School Board Violate the First Amendment When it Voted to Remove Vamos a Cuba! From its District Libraries?: ACLU v. Miami-Dade County School Board, 557 F.3d 1177 (11th Cir. 2009), 61 Fla. L. Rev. 921 (2009); and Matthew Baker, A Teacher's Right to Remain Silent: Reasonable Accommodation of Negative Speech Rights in the Classroom, 2009 B.Y.U. L. Rev. 705.

Michael E. Solimine
Donald P. Klekamp Professor of Law

Several of Michael’s publications were cited:

• Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Mich. L. Rev. 1463 (2003), in Thomas B. Colby, Living Originalism, 59 Duke L.J. 239 (2009).
• An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Jonathan Klick, Bruce Kobayashi, & Larry Ribstein, Federalism, Variation, and State Regulation of Franchise Termination, 3 Entrepren. Bus. L.J. 355 (2009).
• The False Promise of Judicial Elections in Ohio, 30 Cap. U. L. Rev. 559 (2002), in Jonathan Remy Nash, Evaluating the Potential for a Race to the Bottom, 64 N.Y.U. Ann. Surv. Am. L. 617 (2009).
• Status Seeking and the Allure and Limits of Law School Rankings, 81 Ind. L.J. 299 (2006), in Ralf Michaels, Comparative Law by Numbers? Legal Origins Thesis, Doing Business Reports, and the Silence of Traditional Comparative Law, 57 Am. J. Comp. L. 765 (2009) and, in Robin Barnes, Drafting the Priests of Our Democracy to Serve the Diplomatic, Informational, Military & Economic Dimensions of Power, 27 Buff. Pub. Int. L.J. 131 (2008).

Profile of Professor Solimine

Adam Steinman
Professor of Law

Adam Steinman presented What Is Federal Common Law? at the Second Annual Junior Faculty Federal Courts Workshop at Michigan State.

Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law

Joe’s article, The Dominant Model of United States Energy Policy, 61 U. Colo. L. Rev. 355 (1990), was cited in Lincoln Davies, Energy Policy Today and Tomorrow - Toward Sustainability? 29 J. Land Resources & Envtl. L. 71 (2009). His book, Regulatory Law and Policy: Cases and Materials (LexisNexis, 3d ed. 2003) (with Sidney Shapiro), was cited in Sidney Shapiro, Ruth Ruttenberg, & Paul Leigh, The Social Costs of Dangerous Products: An Empirical Investigation, 18 Cornell J. L. & Pub. Pol'y 775 (2009).

Profile of Dean Tomain

Faculty News is edited by Paul L. Caron, Associate Dean of Faculty and Charles Hartsock Professor of Law.
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