Faculty News: October 2009
Faculty News October 2009 Issue
Timothy K. Armstrong
Associate Professor of Law
Tim was promoted to Associate Professor of Law. His article, Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, was accepted for publication in the Harvard Journal on Legislation.
Two of Tim’s articles were cited:
- Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), in Hiram Meléndez-Juarbe, DRM Interoperability, 15 B.U. J. Sci. & Tech. L. 181 (2009).
- Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol’y 203 (2004), in Aaron K. Brauer-Rieke, The FCC Tackles Net Neutrality: Agency Jurisdiction and the Comcast Order, 24 Berkeley Tech. L.J. 593 (2009).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn was reappointed as Assistant Professor of Law for a term of three years. Her article, On Regulating Conflict of Interest in the Credit Rating Industry, was accepted for publication in the New York University Journal of Legislation and Public Policy. Lynn’s article, There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vand. L. Rev. 350 (2008) (with James D. Cox & Randall S. Thomas), was cited in Adam Reiser, Compensating Defrauded Investors While Preserving the SEC's Mission of Deterrence: A Call for Congress to Counteract the Troubling Consequences of Stoneridge, 2009 Utah L. Rev. 257.
Marianna made a presentation to the Ohio Judicial Conference in Columbus on the most important cases of the Ohio Supreme Court’s past term. She arranged for a portion of a Mock Custody trial to be held at the law school as part of the Judge-in-Residence Program. UC Law grads Anne Flotman and Reeta Brendamour cross examined the court’s real parenting specialist. Judge Susan Tolbert, administrative judge of the Domestic Relations Court and UC Law grad, presided.
Marianna was quoted in Nancy Minson, 63, Activist, 'A Fighter', Cincinnati Enquirer, Sept. 8, 2009.
Dean & Nippert Professor of Law
Lou was quoted in UC Raises $91M in Funds, Cincinnati Enquirer, Sept. 23, 2009.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Several of Barbara’s articles 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, 2009 Supp.).
- Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Brian Cooper, Ethics for Party Representatives in International Commercial Arbitration: Developing a Standard for Witness Preparation, 22 Geo. J. Legal Ethics 779 (2009).
- Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Michael J. Kaufman, Securities Litigation: Damages (Clark Boardman Callaghan, 2009 Supp.).
- The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988); and The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action (Clark Boardman Callaghan, 2d ed., 2009 Supp.).
A. Christopher Bryant
Professor of Law
Chris’s article, Quirin Revisited, 2003 Wis. L. Rev. 309 (with Carl Tobias), was cited in Robert J. Pushaw, Jr., Creating Legal Rights for Suspected Terrorists: Is the Court Being Courageous or Politically Pragmatic? 84 Notre Dame L. Rev. 1975 (2009).
Paul L. Caron
For the fourth year in a row, Paul was named as one of the 100 Most Influential People in Tax and Accounting by Accounting Today, the leading journal of the accounting profession. Others on the list included President Barack Obama, Fed Chairman Ben Bernanke, and Treasury Secretary Timothy Geithner.
Paul was quoted in the Associated Press story, Burning down the House? IRS Nixes Tax Deductions, which was syndicated on ABC, CBS, CNBC, Forbes, and NPR, and in over 100 newspapers around the country today, including the Atlanta Journal Constitution; Chicago Tribune; Cleveland Plain Dealer; Dayton Daily News; Houston Chronicle; Los Angeles Times; Miami Herald; New York Times; Newsday; Philadelphia Inquirer: San Diego Union-Tribune; Seattle Times; and Washington Times.
Paul was quoted in the Washington Post, Home Makeover, Before and Right After, Sept. 3, 2009. His blog post, Law School Commencement Speakers, TaxProf Blog, Apr. 24, 2008, was quoted in Kent Greenfield, Attorney General Mukasey's Defense of Irresponsibility, 32 B.C. Int'l & Comp. L. Rev. 223 (2009).
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 7 issues of Tax Law & Policy (Vol. 10, nos. 36-42)
- 2 issues of Practitioner Series (vol. 9, nos. 11-12)
- 1 issue of International & Comparative Tax (vol. 9, no. 14)
Jenny E. Carroll
Visiting Assistant Professor of Law
Jenny was quoted in Trapped in the Closet, Slate Magazine, Sept. 11, 2009.
Profile of Professor Carroll
Jacob Katz Cogan
Associate Professor of Law
Jacob was promoted to Associate Professor of Law.
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret was promoted to Professor of Clinical Law (with reappointment to a term of five years). Her article, Denying Choice of Forum: An Interference by the Massachusetts Trial Court with Domestic Violence Victims’ Rights and Safety (with Marilu Gresens ‘10), was accepted for publication in the Suffolk University Law Review.
Margaret trained Ohio and Kentucky sexual assault nurse examiners in the art of testifying as an expert witness; chaired a meeting of the Hamilton County Fatality Review Team; presented on domestic violence dynamics to the local chapter of collaborative Lawyers; conducted a peer advocate training on stalking for the UC Women’s Center; and participated in a national telephone training on the Hidden Healthcare Costs of Domestic Violence. The Domestic Violence and Civil Protection Order Clinic's successfully appealed case of Hughes v. Gibbs was cited in Ohio Domestic Violence Law (2009-10).
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark hosted Celebrating Constitution Day at the College of Law and repeated his performance at the Museum Center. He testified twice in the Ohio House of Representatives in favor of Senate Bill 77, a comprehensive Innocence Protection Act designed to reduce the number of wrongful convictions. The bill passed the Senate last Spring.
Mark was quoted in:
- Appeals Court Rules in Favor of Retrial for Widmer Lawyers for Ryan Widmer Will Seek a Reduction in Bond, Dayton Daily News, Sept. 4, 2009, at A2.
- Bill Will Allow DNA Testing on Arrest, Cincinnati Enquirer, Sept. 9, 2009, at A1.
- 'Dateline' to focus on Widmer Verdict, Cincinnati Enquirer, Sept. 14, 2009.
- DNA Collection Bill Controversial, Mansfield News Journal, Sept. 8, 2009.
Gustavus Henry Wald Professor of Law and Contracts
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 Stephen S. Ashley, Bad Faith Actions: Liability & Damages (West, 2d ed. 2009).
- Towards Praxis, 39 U.C. Davis L. Rev. 905 (2006), in Angela Onwuachi-Willig, Honoring our Past, Charting our Future: Introduction: Celebrating Critical Race Theory at 20, 94 Iowa L. Rev. 1497 (2009).
The Pennsylvania Studies in Human Rights of the University of Pennsylvania Press, for which Bert serves as Series Editor, has published two books:
- Advocating Dignity: Human Rights Mobilizations in Global Politics (2009) (Jean H. Quataert)
- Muslims in Global Politics: Identities, Interests, and Human Rights (2009) (Mahmood Monshipouri)
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy’s article, Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), was cited in Steven W. Feldman, Contract Law and Practice (Thomson-West, 2009 Supp.).
James B. Helmer, Jr. Professor of Law
Brad’s article, Summers v. Earth Island Institute Rejects Probabilistic Standing, But Laidlaw Still Leaves an Opening for Threatened Injuries, was accepted for publication in Environmental Law.
Brad’s article, 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), was cited by the U.S. Court of Appeals for the Second Circuit in Connecticut v. American Electric Power Company Inc., 2009 WL 2996729 (2d Cir. Sept. 21, 2009), which held that states had standing to bring public nuisance suits against public utility companies such as AEP or Duke Energy. The original three-judge panel included Sonia Sotomayor, but the decision was issued by the remaining two judges.
Several of Brad’s articles were cited:
- After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, 78 U. Colo. L. Rev. 375 (2007), in Scott Schwartz, The Hapless Ecosystem: A Federalist Argument in Favor of an Ecosystem Approach to the Endangered Species Act, 95 Va. L. Rev. 1325 (2009); and Preston Carter, “If an (Endangered) Tree Falls in the Forest, and No One Is Around . . . .”: Resolving the Divergence between Standing Requirements and Congressional Intent in Environmental Legislation, 84 Notre Dame L. Rev. 2191 (2009).
- 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, 2009 Supp.).
- Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. 1 (2009), in Benjamin I. Narodick, Winter v. National Resources Defense Council: Going into the Belly of the Whale of Preliminary Injunctions and Environmental Law, 15 B.U. J. Sci. & Tech. L. 332 (2009).
Assistant Professor of Law
Stephanie published To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939-1947, 27 Law & Hist. Rev. 585 (2009).
Assistant Professor of Law
Darrell was reappointed as Assistant Professor of Law for a term of three years.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Douglas published Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard," Law & Human Behavior (2009) (with Michael D. Bowen, David J. Vanness, David Bienenfeld, Terry Correll, Jerald Kay, William M. Klykylo & Douglas S. Lehrer). His article, Testifying in Civil Commitment Hearings: Your Performance in Court Can Help Unwilling Patients Get the Care They Need (with B. Todd Thatcher), was accepted for publication in a forthcoming issue of Current Psychiatry.
Two of Douglas’s articles were cited:
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in T. E. McEwan, et al. Violence in Stalking Situations, 39 Psychol. Med. 1469 (2009); and Meghan Shapiro, An Overdose of Dangerousness: How “Future Dangerousness” Catches the Least Culpable Capital Defendants and Undermines the Rationale for the Executions it Supports, 35 Am. J. Crim. L. 145 (2008).
- Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Acad. of Psychiatry & L. 34 (2007), in United States v. Rodriguez, 2009 WL 2929808 (E.D. Pa. Sept. 8, 2009).
Ronna Greff Schneider
Professor of Law
Ronna published the 2009 updates for her two volume treatise, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Several of Michael’s publications were cited:
- 3 Anderson’s Ohio Civil Practice (Matthew Bender/LexisNexis 2008), in Epply v. Tri-Valley Local School Dist. Bd. of Edn., 122 Ohio St.3d 56, 908 N.E.2d 401 (2009).
- Congress, Ex Parte Young, and the Fate of the Three-Judge District Court, 70 U. Pitt. L. Rev. 101 (2008), in Peter W. Low, John C. Jeffries, Jr. & Curtis A. Bradley, Federal Courts and the Law of Federal-State Relations (Foundation Press, 2009 Supp.).
- 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 Baxter Dunaway, Distressed Real Estate (Clark Boardman Callaghan, 2009 Supp.)
- Judicial Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U. L. Rev. 1331 (2005); and The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely), in Frank B. Cross, Collegial Ideology in the Courts, 103 Nw. U. L. Rev. 1399 (2009).
Professor of Law
Adam launched a new blog, Civil Procedure & Federal Courts Blog as part of Paul Caron’s Law Professor Blogs Network with former UC Law Professor Cyndi Fountaine (Texas-Wesleyan) and Robin Effron (Brooklyn). His article, 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), was cited in Kevin M. Clermont, Federal Courts, Practice & Procedure: Litigation Realities Redux, 84 Notre Dame L. Rev. 1919 (2009).
Profile of Professor Steinman
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe received the 2009 Harold C. Schott Scholarship Award, which recognizes outstanding research and scholarly achievement by a member of the UC Law faculty. His book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Trevor D. Stiles, Renewable Resources and the Dormant Commerce Clause, 4 Envt'l & Energy L. & Pol'y J. 33 (2009).
He has recently published:
- An Introduction to the University of Cincinnati law Review Law and Literature Symposium entitled Narrating Justice, 77 University of Cincinnati Law Review 783 (2009)
- A book chapter entitled Dirty Energy Policy, in Climate Change and the Neoliberal Model (David Driesen, ed.) (MIT University Press 2009);
- A book chapter entitled The iUtility, in The New Environmentalism (Alyson Flournoy, ed.) (Cambridge University Press 2009);
- A book chapter entitled Rethinking Energy Law and Policy in Climate Change Reader (William Rogers, ed.) (Carolina Academic Press 2009).
Two of Joe’s publications were cited:
- Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Fred Bosselman, Swamp Swaps: The “Second Nature” of Wetlands, 39 Envtl. L. 577 (2009).
- Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2009 Supp.).
In addition, Dean Tomain participated in the Greening the Grid Conference at Lewis & Clark School of law and has submitted a law review article to be published in the Lewis & Clark Law Review entitled Steel in the Ground: Building the iUtility.
During the summer, Dean Tomain Served as an ABA Site Inspector for the summer program hosted by the University of San Diego in Florence, Italy. Dean Tomain, as part of the Justice Institute for the Legal Profession, also taught a great books seminar for the alumni and friends of the Widener School of Law entitled Law, Culture, & Society.
Dean Tomain also served as Reporter for the ABA Section on Legal Education and Admissions to the Bar Standards Review Committee as well as chairing the annual and regular meeting of the KnowledgeWorks Foundation.
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 included in the new book by Maurice R. Dyson (Thomas Jefferson) & Daniel B. Weddle (Missouri-Kansas City), Our Promise: Achieving Educational Equality for America's Children (Carolina Academic Press, 2009).