Marjorie Corman Aaron
Professor of Clinical Law and Director, Center for Practice
Marjorie taught Decision Analysis at North Carolina Central University School of Law. She also attended American Arbitration Association Arbitrator training and was accepted on their national arbitration panel.
Profile of Professor Aaron
Timothy K. Armstrong
Associate Professor of Law
Tim posted Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public on SSRN. The article was featured on Larry Solum's Legal Theory Blog. Tim presented Crowdsourcing and Open Access v2.0: Harnessing the Power of Peer Production to Disseminate Historical Records and Legal Scholarship at the 2009 CALI Conference for Law School Computing at the University of Colorado Law School and An Introduction to Publication Agreements for Authors as part of the 13th Annual UC Faculty Summer Scholarship Series.
Several of Tim’s articles were cited:
- Fair Circumvention, 74 Brook. L. Rev. 1 (2008), in Aaron K. Perzanowski, Rethinking Anticircumvention's Interoperability Policy, 42 U.C. Davis L. Rev. 1549 (2009).
- Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), in William S. Jordan, III, Chevron and Hearing Rights: An Unintended Combination, 61 Admin. L. Rev. 249 (2009).
- Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), in Douglas M. Kochelek, Data Mining and Antitrust, 22 Harv. J.L. & Tech. 515 (2009).
Profile of Professor Armstrong
Lin (Lynn) Bai
Assistant Professor of Law
Lin presented Effectiveness of Current Regulation of Credit Rating Agencies as part of the 13th Annual UC Faculty Summer Scholarship Series.
Profile of Professor Bai
Professor of Clinical Law
Marianna published two columns in her monthly newspaper series, Legally Speaking, in the Cincinnati Herald and the American Israelite: Judicial Empathy and Residency Requirements. She worked with David Singleton and his staff at the Ohio Justice and Policy Center in the preparation of two jurisdictional memos to the Ohio Supreme Court.
The Ohio Judicial Appointments Recommendation Panel, on which Marianna serves, made recommendations to Gov. Strickland for vacancies at the Ohio First District Court of Appeals and the Warren County Court of Common Pleas. The Governor has filled these vacancies with Judge William Mallory and attorney Robert Peeler, respectively.
Profile of Professor Bettman
Judge Joseph P. Kinneary Professor of Law
Joseph announced his retirement from the College, effective August 31, 2009.
Profile of Professor Biancalana
Dean & Nippert Professor of Law
Lou’s article, Legitimating Death, 91 Mich. L. Rev. 1643 (1993), was cited in Justin F. Marceau, Lifting the Haze of Baze: Lethal Injection, the Eighth Amendment, and Plurality Opinions, 41 Ariz. St. L.J. 159 (2009). He was quoted in UC Deans Face Balancing Act, Cincinnati.com, Aug. 4, 2009.
Profile of Professor Bilionis
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara presented, Post-Dura Issues and Collateral Damage in Securities Litigation, as part of the 13th Annual UC Faculty Summer Scholarship Series. Several of her articles were cited:
- Perceptions of Fairness of Securities Arbitration: An Empirical Study, U of Cincinnati Public Law Research Paper No. 08-01, and Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. l (2008), in Jill E. Fisch, Top Cop or Regulatory Flop? The SEC at 75, 95 Va. L. Rev. 785 (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 Puja Vadodaria, For Never Was There a Story of More Woe, than This of the Defrauded Plaintiff and Her Insolvent Primary Actor: Why Scheme Liability Should Run to Gatekeepers after Stoneridge, 58 Emory L.J. 1459 (2009); and 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.
- Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), and The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), in Donald C. Langevoort, Basic at Twenty: Rethinking Fraud on the Market, 2009 Wis. L. Rev. 151.
- Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Michael C. Macchiarola, Beware of Risk Everywhere: An Important Lesson from the Current Credit Crisis, 5 Hastings Bus. L.J. 267 (2009); and Joan MacLeod Heminway, Female Investors and Securities Fraud: Is the Reasonable Investor a Woman? 15 Wm. & Mary J. Women & L. 291 (2009).
Profile of Professor Black
A. Christopher Bryant
Professor of Law
Chris presented Foreign Law as Legislative Fact in Constitutional Cases as part of the 13th Annual UC Faculty Summer Scholarship Series. Two of his articles were cited:
Profile of Professor Bryant
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul published Tax Stories (Foundation Press, 2d ed. 2009) (including a chapter authored by Paul). He taught Tax I at the University of San Diego School of Law as the Herzog Summer Visiting Professor in Taxation.
The Law Stories Series of Foundation Press, for which Paul serves as Series Editor, published Constitutional Law Stories (2d ed. 2009), by Michael C. Dorf (Cornell).
Paul was quoted in:
- IRS May Ease Rules on Business Cellphones, Los Angeles Times, June 13, 2009.
- IRS Hangs Up on Effort to Overhaul Rules on Cellphone Tax, Chronicle of Higher Education, June 17, 2009.
- Getting California Off the Tax Rollercoaster, San Diego Newsroom, July 31, 2009.
- Taxing Face Lifts and Abortions to Pay for Health Reform, New York Times, Aug. 26, 2009.
- Can Attending a Cheaper Law School Lead to a Big Firm Job?, The American Lawyer, Aug. 2009.
Paul published several issues of his Tax Law Abstracts e-journals:
Several of Paul’s publications were cited:
- Tax Myopia Meets Tax Hyperopia: The Unproven Case of Increased Judicial Deference to Revenue Rulings, 57 Ohio St. L.J. 637 (1996), in Michael S. Kirsch, The Limits of Administrative Guidance in the Interpretation of Tax Treaties, 87 Tex. L. Rev. 1063 (2009).
- Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. Legal Educ. 551 (2004) (with Rafael Gely), in Nancy G. Maxwell, From Facebook to Folsom Prison Blues: How Banning Laptops in the Classroom Made Me a Better Law School Teacher, 15 Rich. J.L. & Tech. 4 (2009).
- What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in David A. Elder, Current Issues in Public Policy: "Hostile Environment" Charges and the ABA/AALS Accreditation/Membership Imbroglio, Post-Modernism's "No Country for Old Men": Why Defamed Law Professors Should "Not Go Gentle into That Good Night,” 6 Rutgers J.L. & Pub. Pol'y 434 (2009).
- Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2005) (with Bernard S. Black), in Paul Ohm, Computer Programming and the Law: A New Research Agenda: Article/Computer Program, 54 Vill. L. Rev. 117 (2009).
- Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, 84 Wash. U. L. Rev. 1025 (2006), in Rachel C. Lee, Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era, 61 Stan. L. Rev. 1535 (2009).
Profile of Professor Caron
Jenny E. Carroll
Visiting Assistant Professor of Law
A brief written by Jenny, along with students Bobbi Madonna and Whitney Sheff, helped convince a judge to acquit Nancy Smith and Joseph Allen of child abuse in June of this year:
Jenny appeared on Midweek Politics Radio to discuss the Scott Roeder case (the man accused of killing abortion Dr. Tiller).
The New Mexico Court of Appeals followed (and cited) Jenny’s recommendation, in Rethinking the Constitutional Criminal Procedure of Juvenile Transfer Hearings: Apprendi, Adult Punishment and Adult Process, 60 Hastings L.J. ___ (2009), that findings justifying the transfer of a juvenile to adult court must be proven to a jury beyond a reasonable doubt. New Mexico v. Rudy B., No. 27,589.
Jenny’s article, Images of Women and Capital Sentencing Among Female Offenders: Exploring the Outer Limits of the Eighth Amendment and Articulated Theories of Justice, 75 Tex. L. Rev. 1413 (1997), was cited in Katie Morgan & Michael J. Zydney Mannheimer, The Impact of Information Overload on the Capital Jury's Ability to Assess Aggravating and Mitigating Factors, 17 Wm. & Mary Bill Rts. J. 1089 (2009).
Jenny was quoted in New Evidence Must Be Heard in Court, Mansfield News Journal, July 6, 2009, at 5.
Profile of Professor Carroll
Jacob Katz Cogan
Associate Professor of Law
Jacob published Representation and Power in International Organization: The Operational Constitution and Its Critics, 103 Am. J. Int’l L. 209 (2009). Two of his articles were cited:
- Noncompliance and the International Rule of Law, 31 Yale J. Int’l L. 189 (2006), in Rachel Brewster, Unpacking the State's Reputation, 50 Harv. Int'l L.J. 231 (2009); and Tara J. Melish, From Paradox to Subsidiarity: The United States and Human Rights Treaty Bodies, 34 Yale J. Int'l L. 389 (2009).
- Competition and Control in International Adjudication, 48 Va. J. Int’l L. 411 (2008), in Joost Pauwelyn & Luiz Eduardo Salles, Forum Shopping Before International Tribunals: (Real) Concerns, (Im)Possible Solutions, 42 Cornell Int'l L.J. 77 (2009).
Profile of Professor Cogan
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret presented The Role of Empathy and Courage in the Law School Clinic as part of the 13th Annual UC Faculty Summer Scholarship Series. The directors of the National Council of Juvenile and Family Court Judges adopted her book, A Judicial Guide to Child Safety in Custody Cases (2008) (with Hon. Jerry J. Bowles, Hon. Kaye K. Christian & Katheryn L. Yetter).
Margaret’s article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), was cited in Linda Elrod, Child Custody Practice & Procedure (Thomson/West, 2009). She attended a week-long technology institute sponsored by the university; a meeting of the Court Work Group of the Hamilton County Domestic Violence Coordinating Council; and the ABA’s annual meeting, including a meeting of the ABA Commission on Domestic Violence to which she was reappointed special advisor.
Profile of Professor Drew
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark, with Adjunct Professor Pierre Bergeron and '06 Law grad Michele Berry, represented Warren County defendant Ryan Widmer, charged with murder, and were successful in winning him a new trial based on juror misconduct. The team then successfully defended that victory before the Court of Appeals, resulting in Widmer's release pending a new trial. Mark appeared four times on the Bill Cunningham show and once on the Eddie and Tracey show on 700 WLW to discuss the case.
Mark presented his research involving international issues in wrongful convictions to the faculty as part of the 13th Annual UC Faculty Summer Scholarship Series. He traveled to New York City and met with Ulf Stridbeck, Professor at the University of Oslo in Norway, who is a founding member of Norway's Criminal Case Review Commission--a government equivalent of an innocence project.
Mark spoke in Indianapolis at the annual conference for the Society of Professional Journalists. He was on a panel with two senior editors of the Chicago Tribune and a journalism professor from Depauw and discussed ethical issues that arise between attorneys and journalists on high-profile legal cases.
Mark’s article, Educational Inequalities, The Myth of Meritocracy, and the Silencing of Minority Voices: The Need for Diversity of America's Law Reviews, 12 Harv. Blackletter L.J. 59 (1995), was cited in Rachel J. Anderson, From Imperial Scholar to Imperial Student: Minimizing Bias in Article Evaluation by Law Reviews, 20 Hastings Women's L.J. 197 (2009).
Mark was quoted in:
- Widmer: Judge Poised to OK New Trial, Cincinnati Enquirer, July 15, 2009
- Widmer to Get New Trial, Cincinnati Enquirer, July 23, 2009
- Hearing Is Ordered in Rape Case, Dayton Daily News, July 25, 2009
- Ohio Bill Expands DNA Use, Cincinnati Enquirer, June 29, 2009.
- Keith Defender: Bucyrus Cops Lied in Court, Mansfield News Journal, July 11, 2009.
- Lawyer: Police Lied in Triple Murder Trial, Bucyrus Telegraph Forum, July 11, 2009.
- What's Next in the Widmer Case?, Cincinnati Enquirer, July 26, 2009.
- High Court to Hear Prade: Case He Seeks DNA Test in Ex-wife's Murder, Cleveland Plain Dealer, June 18, 2009, at B1.
- Death Row Case Warrants Another Look to Ensure That Justice Is Done, Columbus Dispatch, July 11, 2009, at 11A.
- Governor Supports DNA Access Bill, Columbus Dispatch, Aug. 13, 2009, at 1A.
- Family of Wronged Twin Waits on Police to Apologize, Columbus Dispatch, Aug. 14, 2009, at 4B.
- Ohio's Governor Endorses Legislation Written by UC Law Students, UC News, Aug. 18, 2009.
Profile of Professor Godsey
Kenneth J. Hirsh
Director of the Law Library and Information Technology and Clinical Professor of Law
Ken presented Law Office Technology: Why It Needs to be in Your School's Curriculum and How to Get It There at the 2009 CALI Conference for Law School Computing at the University of Colorado Law School and Law Library Initiatives as part of the 13th Annual UC Faculty Summer Scholarship Series.
Profile of Ken Hirsh
Gustavus Henry Wald Professor of Law and Contracts
Emily presented Racial Retrenchment and the Thirteenth Amendment as part of the 13th Annual UC Faculty Summer Scholarship Series. Her article, The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, 2005 Utah L. Rev. 1 (2005), was cited in Larry A. DiMatteo, Policing Limited Liability Companies under Contract Law, 46 Am. Bus. L.J. 279 (2009).
Profile of Professor Houh
Professor of Law
Several of Ann’s articles were cited:
- The Major Life Activity of Belonging, 39 Wake Forest L. Rev. 217 (2004), in Janet E. Lord, Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play, 27 B.U. Int'l L.J. 249 (2009); and David McArdle, Using the Americans with Disabilities Act to Inform "Access to Sporting Venues" under the Disabilities Convention, 27 B.U. Int'l L.J. 317 (2009).
- Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), in Frank H. Wu, Burning Shoes and the Spirit World: The Charade of Neutrality, 44 Harv. C.R.-C.L. L. Rev. 313 (2009).
- The Myth of Independence and the Major Life Activity of Caring, 8 J. Gender Race & Just. 327 (2004), in Nina A. Kohn, Outliving Civil Rights, 86 Wash. U. L. Rev. 1053 (2009).
Profile of Professor Hubbard
Professor of Law
Kristin presented In Contempt: 19th Century Women, Law, and Literature as part of the 13th Annual UC Faculty Summer Scholarship Series. Her article, Bankruptcy Reform and the Financial Well-being of Women: How Intersectionality Matters in Money Matters, 71 Brook. L. Rev. 1181 (2006), was cited in Andrew P. MacArthur, Pay to Play: The Poor's Problems in the BAPCPA, 25 Emory Bankr. Dev. J. 407 (2009).
Profile of Professor Kalsem
Professor of Law and Criminal Justice
Christo’s article, Consent to Search by Ignorant People, 39 Tex. Tech L. Rev. 1171 (2007), was republished as a chapter in Prosecutorial Misconduct – Problems and Perspectives (G. Radha Kalyani, ed.) (Amicus Books, India, 2009). He spoke on a Federalist Society panel at the University Club on U.S. Supreme Court Appointments: Perspectives on the Sotomayor Nomination with Ross Wright (GE Aviation) and Jennifer Morales (Keating, Muething & Klekamp).
Several of Christo’s articles were cited:
- An Annotated Descriptive Summary of State Statutes, Judicial Codes, Canons, and Court Rules Relating to Admissibility and Governance of Cameras in the Courtroom, 86 J. Crim. L. & Criminology 1019 (1996), in Eugene R. Milhizer, So Help Me Allah: An Historical and Prudential Analysis of Oaths as Applied to the Current Controversy of the Bible and Quran in Oath Practices in America, 70 Ohio St. L.J. 1 (2009).
- Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U. L. Rev. 79 (1998), in Dana Raigrodski, Reasonableness and Objectivity: A Feminist Discourse of the Fourth Amendment, 17 Tex. J. Women & L. 153 (2008).
- TV or Not TV - That is the Question?, 86 J. Crim. L. & Criminology 928 (1996), in Kevin F. O'Malley, Jay E. Grenig, & William C. Lee, Federal Jury Practice and Instructions (Thomson/West, 6th ed., 2009 Supp.).
Profile of Professor Lassiter
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
The Pennsylvania Studies in Human Rights of The University of Pennsylvania Press, for which Bert serves as Series Editor, has published three more books in the series:
Two books from the series have been issued in paperback:
Bert’s article, The United Nations Charter and United States Civil Rights Litigation, 1946-1955, 69 Iowa L. Rev. 901 (1984), was cited in Scott L. Cummings & Louise G. Trubek, Globalizing Public Interest Law, 13 UCLA J. Int'l L. & Foreign Aff. 1 (2008).
Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Two of Betsy’s articles were cited:
Profile of Professor Malloy
James B. Helmer, Jr. Professor of Law
Brad’s article, The Supreme Court’s New Public-Private Distinction under the Dormant Commerce Clause: Avoiding the Traditional versus Nontraditional Classification Trap, was accepted for publication in the Hastings Constitutional Law Quarterly. The ABA Section of Administrative Law & Regulatory Practice published an abridged version of his article, Standing and Future Generations: Does Massachusetts v. EPA Open Standing for the Unborn?, 34 Colum. J. Envtl. L. 1 (2009).
Brad presented Summers Rejects Probabilistic Standing, But Laidlaw Still Leaves an Opening for Threatened Injuries as part of the 13th Annual UC Faculty Summer Scholarship Series. The City of Cincinnati’s Council adopted an Environmental Justice Ordinance, a project on which Brad has consulted. Brad was elected to the Board of Trustees of the Mill Creek Restoration Project.
Several of Brad’s publications were cited:
- The Murky Future of the Clean Water Act after SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, 30 Ecology L.Q. 811 (2003); 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); Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, 60 SMU L. Rev. 157 (2007); Is There a Private Cause of Action Under EPA's Title VI Regulations?: The Need to Empower Environmental Justice Plaintiffs, 24 Colum. Envtl. L. Rev. 1 (1999); Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Ga. L. Rev. 723 (2002); and Can Congress Regulate Intrastate Endangered Species under the Commerce Clause?, 69 Brook. L. Rev. 923 (2004), in Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2009 Supp.).
- Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority and Deference to Executive Agencies, 86 Ky L.J. 527 (1998), in John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009); Ramaah Sadasivam, Oops, We Did it Again (Or Did We?): United States v. General Battery Corp. and Corporate Successor Liability under CERCLA, 42 U.C. Davis L. Rev. 1649 (2009); and James J. Brudney & Corey Ditslear, The Warp and Woof of Statutory Interpretation: Comparing Supreme Court Approaches in Tax Law and Workplace Law, 58 Duke L.J. 1231 (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 Justin F. Marceau, Lifting the Haze of Baze: Lethal Injection, the Eighth Amendment, and Plurality Opinions, 41 Ariz. St. L.J. 159 (2009).
- Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005); Protecting the Environment for Future Generations: A Proposal for a "Republican" Superagency, 5 NYU Envtl L.J. 444 (1996); and 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 Robert A. Weinstock, Lorax State: Parens Patriae and the Provision of Public Goods, 109 Colum. L. Rev. 798 (2009).
- Should State Corporate Law Define Success or Liability? The Demise of CERCLA’s Federal Common Law, 68 U. Cin. L. Rev. 1157 (2000), in Ramaah Sadasivam, Oops, We Did it Again (Or Did We?): United States v. General Battery Corp. and Corporate Successor Liability under CERCLA, 42 U.C. Davis L. Rev. 1649 (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 Stephanie Tai, Uncertainty about Uncertainty: The Impact of Judicial Decisions on Assessing Scientific Uncertainty, 11 U. Pa. J. Const. L. 671 (2009).
- 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); and What Comes after Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stan. Envtl. L.J. 263 (1994), in Alex Jackson, EPA's Fuzzy Bright Line Approach to Residual Risk, 36 Ecology L.Q. 439 (2009).
- After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, 78 U. Colo. L. Rev. 375 (2007), in Kenton J. Skarin, Not All Violence Is Commerce: Noneconomic, Violent Criminal Activity, RICO, and Limitations on Congress under the Post Raich Commerce Clause, 13 Tex. Rev. L. & Pol. 187 (2009).
- Executive Order 12,898 and Title VI and Environment Justice, in The Law of Environmental Justice (ABA, 2d ed. 2008) (Michael B. Gerrard & Sheila Foster eds.), in Shelley Ross Saxer, Banishment of Sex Offenders: Liberty, Protectionism, Justice, and Alternatives, 86 Wash. U. L. Rev. 1397 (2009).
Profile of Professor Mank
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 as part of the 13th Annual UC Faculty Summer Scholarship Series.
Profile of Professor McMahon
Assistant Professor of Law
Darrell presented Racial Retrenchment and the Thirteenth Amendment and The Thirteenth Amendment as Redemption as part of the 13th Annual UC Faculty Summer Scholarship Series.
Profile of Professor Miller
Director, Glenn M. Weaver Institute of Law and Psychiatry
His article, Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard” (with co-authors Michael D. Bowen, David J. Vanness, David Bienenfeld, Terry Correll, Jerald Kay, William M. Klykylo & Douglas S. Lehrer) was accepted for publication in Law and Human Behavior.
Douglas gave the following presentations:
- Civil Commitment: When Courts Allow Forced Psychiatric Hospitalization, Forensic Psychology class (PSYC 712), Xavier University, June 4, 2009.
- Implications of Atkins v. Virginia: A Psychiatric Can of Worms? Forensic Psychology class (PSYC 712), Xavier University, June 4, 2009.
- Risk Assessment, Forensic Psychology class (PSYC 712), Xavier University, June 9, 2009.
- Violence and Mental Illness: Problems with Predictions, H. I. Davis Memorial Lecture, Department of Psychiatry, University of Illinois at Chicago, June 10, 2009 (1 hr CME).
- How Accurate Are Assessments of Competence To Stand Trial? Guest Lecture Series, Summit Behavioral Healthcare, Cincinnati, Ohio, June 11, 2009.
- Right to Refuse Treatment and Guardianship, Forensic Psychology class (PSYC 712), Xavier University, June 18, 2009.
- Psychological Damages in Tort Litigation, Forensic Psychology class (PSYC 712), Xavier University, June 25, 2009.
- Competence to Maintain a Divorce Action: When Breaking Up Is Hard to Do (with 3L Weaver Fellow Amanda N. Shoemaker) as part of the 13th Annual UC Faculty Summer Scholarship Series.
Several of Douglas’s publications were cited:
- AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial, 35 J. Am. Acad. Psychiatry & L. S3 (2007), in Alec Buchanan & Howard Zonana, 32 Int’l J. L. & Psychiatry 142 (2009).
- Another Look at Interpreting Risk Categories, 18 Sexual Abuse - J. Res. & Treatment 41 (2006), in Theodore Donaldson & Richard Wollert, A Mathematical Proof and Example That Bayes's Theorem Is Fundamental to Actuarial Estimates of Sexual Recidivism Risk, 20 Sexual Abuse - J. Res. & Treatment 206 (2008); in James Vess, Fear and Loathing in Public Policy: Ethical Issues in Laws for Sex Offenders, 14 Aggression & Violent Behav. 264 (2009); in R. Karl Hanson & Kelly E. Morton-Bourgon, The Accuracy of Recidivism Risk Assessments for Sexual Offenders: A Meta-Analysis of 118 Prediction Studies, 21 Psychol. Assessment 1 (2009); and, in Eric Beauregard & Tom Mieczkowski, Testing the Predictive Utility of the Static-99: A Bayes Analysis, 14 Legal & Criminological Psychol. 187 (2009).
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Nina Lindberg, et al., Psychopathic Traits and Offender Characteristics - A Nationwide Consecutive Sample of Homicidal Male Adolescents, 9 BMC Psychiatry Art. No. 18, May 6 2009; in Helina Hakkanen-Nyholm, et al. Homicides with Mutilation of the Victim's Body, 54 J. Forensic Sci. 933 (2009); in Roope Tikkanen, et al. Recidivistic Offending and Mortality in Alcoholic Violent Offenders: A Prospective Follow-up Study, 168 Psychiatry Res. 18 (2009); in Jerome Endrass, et al. Accuracy of the Static-99 in Predicting Recidivism in Switzerland, 53 Int’l J. of Offender Therapy & Comp. Criminology 482 (2009); and, in R. Karl Hanson, The Psychological Assessment of Risk for Crime and Violence, 50 Can. Psychol.172 (2009).
- Atkins v. Virginia: A Psychiatric Can of Worms, 33 N.M. L. Rev. 255 (2003), in Anthony E. Giardino, Combat Veterans, Mental Health Issues, and the Death Penalty: Addressing the Impact of Post-traumatic Stress Disorder and Traumatic Brain Injury, 77 Fordham L. Rev. 2955 (2009).
- Biological Markers and Psychiatric-diagnosis - Risk-benefit Balancing Using ROC Analysis, 29 Biological Psychiatry 811 (1991)(with E. Somoza), in Lyle D. Broemeling, Vickers, A. J. (2008), "Decision Analysis for the Evaluation of Diagnostic Test Prediction Models, and Molecular Models," The American Statistician, 62,314-320: Comment and Reply, 63 Am. Statistician 198 (2009).
- Comparing and Optimizing Diagnostic-tests - An Information-theoretical Approach, 12 Med. Decis. Making 179 (1992) (with Eugene Somoza), in Laxmaiah Manchikanti, et al., Evidence-based Medicine, Systematic Reviews, and Guidelines in Interventional Pain Management: Part 5. Diagnostic Accuracy Studies, 12 Pain Physician 517 (2009).
- Critique of Pure Risk Assessment or, Kant Meets Tarasoff, 75 U. Cin. L. Rev. 523 (2006), in Matthew Large, Dangerousness and Risk Assessment, 17 Australasian Psychiatry 336 (2009).
- Is Expert Psychiatric Testimony Fundamentally Immoral?, 17 Int’l J. L. & Psychiatry 347 (1994), in Alison Roscoe, et al. Psychiatric Recommendations to the Court as Regards Homicide Perpetrators, 20 J Forensic Psychiatry & Psychol. 366 (2009).
- Measuring Decisional Capacity: Cautions on the Construction of a ''Capacimeter'', 2 Psychol. Public Pol’y & L. 73 (1996) (with M. B. Kapp) in Aaron Ang, et al. Live or Let Die: Ethical Issues in a Psychiatric Patient with End-stage Renal Failure, 38 Annals Acad. Med. Singapore 370 (2009).
- Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation, 13 Mich. St. U. J. Med. & L. 263 (2009) (with 3L Weaver fellow Jill L. Steinberg), in Lindsay Beth Willett, Forward, 13 Mich. St. U. J. Med. & L. I (2009).
- Predicting Restorability of Incompetent Criminal Defendants, 35 J. Am. Acad. of Psychiatry & L. 34 (2007), in Douglas R. Morris & George F. Parker, Effects of Advanced Age and Dementia on Restoration of Competence to Stand Trial, 32 Int’l J. L. & Psychiatry 156 (2009).
- Resampling Techniques in the Analysis at Non-binormal ROC Data, 15 Med. Decis. Making 358 (1995), in Jacqueline Cohen, Samuel Garman, & Wilpen Gorr, Empirical Calibration of Time Series Monitoring Methods Using Receiver Operating Characteristic Curves, 25 Int’l J. Forecasting 484 (2009).
- ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Robert J. W. Clift, Gordana Rajlic, & Heather M. Gretton, Discriminative and Predictive Validity of the Penile Plethysmograph in Adolescent Sex Offenders, 21 Sexual Abuse - J. Res. & Treatment 335 (2009).
- Topiramate as Treatment for Alcohol Dependence, 299 JAMA 405 (2008) (with Sarah Stringer & Marie Rueve), in George F. Koob, G. Kenneth Lloyd & Barbara J. Mason, Development of Pharmacotherapies for Drug Addiction: A Rosetta Stone Approach, 8 Nature Reviews Drug Discovery 500 (2009).
Profile of Professor Mossman
Associate Dean for Curriculum and Student Affairs
and Professor of Legal Research and Writing
Nancy was appointed to the Ohio Department of Health Director’s Advisory Committee on Emerging Infections. She spoke at a dinner meeting sponsored by the Milbank Memorial Fund and the Reforming States Group in New York City about the new rules in Ohio that will require hospitals to publically report performance measures to consumers, including measures related to hospital-acquired infections. While in New York, she also spoke at a lunch-time gathering at the Yonkers office of Consumer’s Union about the same topics.
Profile of Associate Dean Oliver
Ronna Greff Schneider
Professor of Law
Two of Ronna’s publications were cited:
- Education Law Stories, (Foundation Press, 2008) (with Michael A. Olivas), in Kristi L. Bowman, The Civil Rights Roots of Tinker's Disruption Tests, 58 Am. U. L. Rev. 1129 (2009).
- Sexual Harassment and Higher Education, 65 Tex. L. Rev. 525 (1987), in Rozlyn Fulgoni-Britton, Drawing a Line on the Blackboard: Why High School Students Cannot Welcome Sexual Relationships with Their Teachers, 42 Ind. L. Rev. 257 (2009).
Ronna was quoted in Accused Adulterer Sues Anonymous Poster, Cincinnati Enquirer, July 4, 2009.
Profile of Professor Schneider
Michael E. Solimine
Donald P. Klekamp Professor of Law
Several of Michael’s books and articles were cited:
- Respecting State Courts: The Inevitability of Judicial Federalism, (Greenwood Press, 1999) (with James L. Walker); Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Const. L.Q. 213 (1983) (with James 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); Due Process and En Banc Decision Making, 48 Ariz.L. Rev. 325 (2005); Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002); and The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L.Rev. 1421 (with Rafael Gely), in Richard H. Fallon, Jr., et al., Hart & Wechsler’s The Federal Courts and the Federal System (Foundation Press, 6th ed. 2009).
- The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998); Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert); Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990); and 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 Richard L. Marcus, et al., Civil Procedure: A Modern Approach (West, 5th ed. 2009).
- Removal, Remands, and Reforming Federal Appellate Review, 58 Mo. L. Rev. 287 (1993); The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998); Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992); 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); Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert); and 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 Larry L. Teply & Ralph U. Whitten, Civil Procedure (Foundation Press 4th ed. 2009).
- Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002); Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992); Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert); Rethinking Exclusive Federal Jurisdiction, 52 U. Pitt. L. Rev. 383 (1991); and 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 Jack H. Friedenthal, et al., Civil Procedure (West, 10th ed. 2009).
- The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005); 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); and Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Linda J. Silberman, Allan R. Stein & Tobias Barrington Wolff, Civil Procedure Theory and Practice (Aspen 3d ed. 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, Courting Multiple Audiences: The Strategic Selection of Legal Groundings by Judges on the U.S. Courts of Appeals, 30 Justice Sys. J. 14 (2009); Stephen J. Choi, Mitu Gulati & Eric A. Posner, Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges, 58 Duke L.J. 1313 (2009); Frank B. Cross & Stefanie Lindquist, Judging the Judges, 58 Duke L.J. 1383 (2009); and Scott Baker, Adam Feibelman & William P. Marshall, The Continuing Search for a Meaningful Model of Judicial Rankings and Why it (Unfortunately) Matters, 58 Duke L.J. 1645 (2009).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Robert C. Bird & John D. Knopf, Do Wrongful-Discharge Laws Impair Firm Performance?, 52 J. L. & Econ. 197 (2009); and Christopher A. Whytock, Myth of Mess? International Choice of Law in Action, 84 N.Y.U. L. Rev. 719 (2009).
- Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 U. Mich. J.L. Reform 351 (1995) (with Richard B. Saphire ); Shoring up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 B.U. L. Rev. 85 (1988) (with Richard B. Saphire), in James E. Pfander, One Supreme Court: Supremacy, Inferiority, and the Judicial Power of the United States (Oxford University Press, 2009).
- Appellate Practice and Procedure: Cases and Materials (Thomson-West, 2d ed. 2005) (with Robert Martineau, Kent Sinclair & Randy Holland); and 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 Thomas E. Baker, An Annotated Bibliography on Federal Appellate Practice and Procedure, 10 J. App. Prac. & Proc. 13 (2009).
- Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George); and Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Pauline T. Kim, et al., How Should We Study District Judge Decision-Making?, 24 Wash. U. J. L. & Pol’y 83 (2009).
- 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 the Unborn?, 34 Colum. J. Envtl. L. 1 (2009).
- Judicial Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U.L. Rev. 1331 (2005), in Nuno Garoupa & Tom Ginsburg, Judicial Audiences and Reputation: Perspectives from Comparative Law, 47 Colum. J. Trans. L. 451 (2009).
- Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 U. Mich. J.L. Reform 351 (1995) (with Richard B. Saphire ), in Samuel P. Jordan, Irregular Panels, 60 Ala. L. Rev. 547 (2009).
- Status Seeking and the Allure and Limits of Law School Rankings, 81 Ind. L.J. 299 (2006), in Robin Barnes, Drafting the Priests of Our Democracy to Serve the Diplomatic, Informational, Military and Economic Dimensions of Power, 27 Buff. Pub. Int’l L.J. 131 (2008-09).
- Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert), in Anne Leigh Drushal, Free to Litigate or Free from Litigation: Balancing Plaintiffs’ Rights with Court Considerations and Defeandant’s Interests in Hudson v. City of Chicago, 40 Loy. U. Chi. L.J. 995 (2009).
- Shoring up Article III: Legislative Court Doctrine in the Post CFTC v. Schor Era, 68 B.U. L. Rev. 85 (1988) (with Richard B. Saphire), in Penelope Pether, Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits' Nonprecedential Status Rules Are (Profoundly) Unconstitutional, 17 Wm. & Mary Bill Rts. J. 955 (2009).
- Judicial Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U.L. Rev. 1331 (2005), in Jacob Katz Cogan, Representation and Power in International Organization: The Operational Constitution and Its Critics, 103 Am. J. Int’l L. 209 (2009).
- Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Steven Andrew Smith & Adam Hansen, Federalism's False Hope: How State Civil Rights Laws Are Systematically Under-enforced in Federal Forums (And What Can Be Done about It), 26 Hofstra Lab. & Emp. L.J. 63 (2008).
Profile of Professor Solimine
Visiting Associate Professor of Law
Professor of Law
Adam presented his paper The Pleading Problem as part of the 13th Annual UC Faculty Summer Scholarship Series and blogged it on Concurring Opinions. Larry Solum recommended the article on his Legal Theory Blog, and the article was featured on Federal Civil Practice Bulletin, Drug and Device Law, How Appealing, and Mass Tort Litigation. Adam was also selected to present his paper, What Is Federal Common Law?, at the Junior Faculty Federal Courts Conference to be held at Michigan State University College of Law (Oct. 22-23, 2009).
Several of Adam’s articles were cited:
- The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 144 (2006), in Howard M. Wasserman, Orwell's Vision: Video and the Future of Civil Rights Enforcement, 68 Md. L. Rev. 600 (2009); and Joseph A. Seiner, The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases, 2009 U. Ill. L. Rev. 1011.
- The Multiparty, Multiforum Trial Jurisdiction Act’s Impact on Major Accident Litigation, 34 The Brief, A.B.A. Section on Tort Trial & Insurance Practice, No. 1, at 16 (Fall 2004) (with Thomas J. McLaughlin), in Courtney E. Silver, Procedural Hassles in Multidistrict Litigation: A Call for Reform of 28 U.S.C. ' 1407 and the Lexecon Result, 70 Ohio St. L.J. 455 (2009).
- Reinventing Appellate Jurisdiction, 48 B.C. L. Rev. 1237 (2007), in Matthew Funk, Sticks and Stones: The Ability of Attorneys to Appeal from Judicial Criticism, 157 U. Pa. L. Rev. 1485 (2009); Linda J. Silberman, Allan R. Stein & Tobias Barrington Wolff, Civil Procedure Theory and Practice 1062 (Aspen, 3d ed. 2009); and Thomas E. Baker, An Annotated Bibliography on Federal Appellate Practice and Procedure, 10 J. App. Prac. & Proc. 13 (2009).
- '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 Matthew O'Brien, Choice of Forum in Securities Class Actions: Confronting "Reform" of the Securities Act of 1933, 28 Rev. Litig. 845 (2009).
- 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. 279 (2006), in Richard H. Fallon, Jr., et al., Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press, 6th ed. 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).
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.
Profile of Dean Tomain
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 Christina M. Calce, Tenth Annual Review of Gender and Sexuality Law: Education Law Chapter: Single-sex Education, 10 Geo. J. Gender & L. 573 (2009).
Profile of Professor Williams
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