Faculty News May 2010 Issue
Professor of Practice and Director, Center for Practice
Marjorie received the Goldman Prize for Excellence in Teaching. She presented Clientology: Science for Mediators and Lawyers as Artists in Communication with Dwight Golann and Patricia Foster at the ABA Section on Dispute Resolution Conference in San Francisco.
Timothy K. Armstrong
Associate Professor of Law
Tim's article, Fair Circumvention, 74 Brook. L. Rev. 1 (2008), was cited in Kevin L. Smith, Copyright Renewal for Libraries: Seven Steps Toward a User-Friendly Law, 10 Portal: Libraries and the Academy 5 (2010); and Rafal Kasprowski, Perspectives on DRM: Between Digital Rights Management and Digital Restrictions Management, 36 Bull. of the Am. Soc. for Info. Sci. & Tech., 49 (2010).
Lin (Lynn) Bai
Assistant Professor of Law
Lynn’s article, Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms (with James D. Cox (Duke) & Randall S. Thomas (Vanderbilt)), was accepted for publication in the University of Pennsylvania Law Review. The article was featured in Financially Wronged? New Study Says Investors Should Go After Leadership Instead of Corporation Itself, UC News, Apr. 16, 2010.
Lynn attended the Vanderbilt Law & Business Conference on Rethinking Securities Regulation. Her 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 Jonathan C. Lipson, Understanding Failure: Examiners and the Bankruptcy Reorganization of Large Public Companies, 84 Am. Bankr. L.J. 1 (2010); and David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2010 Supp.).
Professor of Clinical Law
Marianna hosted the annual Judge in Residence program with Hon. Rosemary Barkett. U.S. Court of Appeals for the Eleventh Circuit.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara was quoted in Bloomberg, Investor Suit Deadlines Eased by Court in Merck Case. Her articles, 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), were cited in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5, Causes of Action (Clark Boardman Callaghan, 2d ed., 2010 Supp.).
A. Christopher Bryant
Professor of Law
Chris’s article, The Pursuit of Perfection: Congressional Power to Enforce the Reconstruction Amendments, was accepted for publication in the Houston Law Review.
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul delivered the 35th Annual TePoel Lecture and Keynote Address at Creighton on The Costs of Estate Tax Dithering as part of the Creighton Law Review symposium on Estate Planning: Moral, Ethical and Religious Perspectives. He completed a new article, Pursuing a Tax LLM Degree: Where? (with Jennifer M. Kowal (Loyola-L.A.), Katherine Pratt (Loyola-L.A.) & Theodore P. Seto (Loyola-L.A.)).
Paul celebrated the six-year anniversary of his TaxProf Blog on (appropriately) April 15. His blog has received 7 million visitors since its inception, making it the most popular law-focused blog edited by a single law professor.
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 7 issues of Tax Law & Policy (vol. 11, nos. 20-26)
- 4 issues of Practitioner Series (vol. 10, nos. 13-16)
- 4 issues of International & Comparative Tax (vol. 10, nos. 12-15)
Several of Paul’s TaxProf Blog posts were featured on other popular blogs:
- His posts on President Obama’s 2009 tax return (here and here), on PowerLine
- Tax Court Rejects "Geithner Defense," Says Reliance on TurboTax Does Not Excuse Taxpayer From Penalty for Errors on Tax Return on the Wall Street Journal’s Law Blog
- Will a Tax LL.M. Cleanse a 4th Tier, Bottom of the Class J.D.?, on the Wall Street Journal’s Law Blog
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret published Denying Choice of Forum: An Interference by the Massachusetts Trial Court with Domestic Violence Victims’ Rights and Safety, 43 Suffolk U. L. Rev. 293 (2010) (with Marilu Gresens (UC Law ‘10). Her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), was cited in Linda D. Elrod & James P. Buchele, Kansas Family Law (Thomson West, 4th ed., 2010 Supp.); and Leigh Goodmark, Autonomy Feminism: An Anti-essentialist Critique of Mandatory Interventions in Domestic Violence Cases, 37 Fla. St. U. L. Rev. 1 (2009).
Margaret was accepted into the Georgetown Institute on Clinical Teaching, a four day program to be held in June for experienced clinical teachers. She presented at the Federal District Court for the Southern District of Ohio on a panel discussing domestic violence services in Cincinnati.
Margaret participated in a steering committee convened by the ABA Commission on Domestic Violence to develop a curriculum teaching best practices for programs assisting pro se domestic violence survivors. She participated in the Peer Grant Review Process for the Department of Justice’s Office on Violence Against Women.
Margaret trained Indiana Judicial Officers on the Dynamics of Domestic Violence. She was a guest lecturer in Margo Lambert’s History of Women in America Since 1900 course at Northern Kentucky University. She co-chaired a meeting of the Hamilton County Fatality Review Team.
Profile of Professor Drew
Thomas D. Eisele
Professor of Law
Tom’s article, Wittgenstein Tests Mr. Justice Holmes (On Holmes’ Proposal to Separate Legal Concepts from Moral Concepts), has been accepted for publication in the Washington University Jurisprudence Review.
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark gave public presentations on Wrongful Convictions and the Innocence Movement at the University of Arizona in Tucson and at Northern Arizona University in Flagstaff. He gave a talk to the faculty and foundation members at the University of Arizona Law School on Fundraising, Politics, and Establishing a Successful Law School Center.
The Innocence Reform Act that Mark and the OIP have been working on for three years was passed by the Ohio House of Representatives by a vote of 85-7. Mark served as counsel in Roger Dean Gillispie v. Deb Timmerman-Cooper, No. 3:09-cv-471, 2010 U.S. Dist. LEXIS 39519 (S.D. Ohio, Apr. 20, 2010).
Mark’s articles, Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006); and When Terry Met Miranda: Two Constitutional Doctrines Collide, 63 Fordham L. Rev. 715 (1994), were cited in Charles Alan Wright, et. al., Federal Practice and Procedure (West, 2010 Supp.).
Mark was quoted in:
- UC Law Students Celebrate Signing of Landmark Ohio Law They Helped Create, UC News, Apr. 5, 2010.
- DNA Bill Helped by University of Cincinnati Students: System Overhaul Seeks to Avoid Wrongful Convictions, Cincinnati Enquirer, Apr. 4, 2010.
- Ohio's New DNA-testing Law Hailed as Model for Courts: Two Local Men Freed from Prison by Such Tests See Strickland Sign Bill, Columbus Dispatch, Apr. 5, 2010.
- Ohio's New DNA Law Called Model: Five Men Freed from Prison by Testing See Strickland Sign Bill, Columbus Dispatch, Apr. 6, 2010.
- Judge Voids Wrongful Imprisonment Case, Columbus Dispatch, Apr. 30, 2010.
- Governor Strickland Signs Groundbreaking Reform Package On Wrongful Convictions, Making Ohio a National Model, Innocence Project, Apr. 5, 2010.
- Judge Won't Be Removed from Rape, Kidnap Case, Dayton Daily News, Apr. 14, 2010.
- Ohio Enacts Law to Protect the Innocent, TalkLeft: The Politics of Crime, Apr. 6, 2010.
- DNA Testing Becomes Law in Ohio: Legislation to Require DNA Testing of All Felons upon Arrest Was Signed into Law Monday by Gov. Ted Strickland, Cincinnati Enquirer, Apr. 6, 2010.
- Widmer Juror: Jury Violated Judge's Order, Cincinnati.com, Apr. 10, 2010.
Mark appeared on Cincinnati’s Channel 9 (WCPO) on two occasions as an expert on the case of Anthony Kirkland, who was recently convicted of being a serial killer in Cincinnati. The Ohio Innocence Project produced a new newsletter with updates on their activities.
Gustavus Henry Wald Professor of Law and Contracts
Emily’s article, Critical Race Realism: Re-Claiming the Antidiscrimination Principle Through the Doctrine of Good Faith in Contract Law, 66 U. Pitt. L. Rev. 455 (2005), was cited in Holning Lau, Identity Scripts & Democratic Deliberation, 94 Minn. L. Rev. 897 (2010).
Professor of Law
Ann’s article, A Military-Civilian Coalition for Disability Rights, 75 Miss. L.J. 975 (2006), was cited in Michael Waterstone, Returning Veterans and Disability Law, 85 Notre Dame L. Rev. 1081 (2010).
Professor of Law
Kristin received the Goldman Prize for Excellence in Teaching.
Professor of Law and Criminal Justice
Christo’s article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U. L. Rev. 79 (1998), was cited in Fabio Arcila, Jr., The Death of Suspicion, 51 Wm. & Mary L. Rev. 1275 (2010).
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
- Sonia Cardenas, Human Rights in Latin America: A Politics of Terror and Hope (2010)
- Sealing Cheng, On the Move for Love: Migrant Entertainers and the U.S. Military in South Korea (2010)
- Bringing Human Rights Home: A History of Human Rights in the United States (Cynthia Soohoo, Catherine Albisa, & Marth F. Davis, eds.) (Abridged Edition, 2009).
Bert participated in a panel on A Universal Standard for Women's Rights at the Baker Peace Conference to Explore Women's Rights at Ohio University. He was quoted in Lightning-rod Islam Critic to Keynote Peace Conference, Athens News, Apr. 7, 2010.
Bert’s article, Litigating State Constitutional Rights to Happiness and Safety: A Strategy for Ensuring the Provision of Basic Needs to the Poor, 2 Wm. & Mary Bill Rts. J. 1 (1993) (with R. Collins Owens, III & Grace A. Severyn), was cited in Johanna Kalb, Dynamic Federalism in Human Rights Treaty Implementation, 84 Tul. L. Rev. 1025 (2010).
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy’s article, The Interaction of the ADA, the FMLA, and Workers’ Compensation: Why Can’t We Be Friends?, 41 Brandeis L.J. 821 (2003), was cited in Carmona v. Southwest Airlines Co., No. 08-51175, 2010 U.S. App. LEXIS 8408 (5th Cir. Apr. 22, 2010).
James B. Helmer, Jr. Professor of Law
Brad spoke at Northwestern on a panel on The Climate Change Lawsuits as part of the Judicial Symposium on Expansion of Liability Under Public Nuisance. He participated in a debate on Environmental Protection: Government Regulation vs. Free-Market Solutions, sponsored by the Ohio Northern University chapter of the Federalist Society and the Environmental Law Society.
Several of Brad’s articles were cited:
- Are Anti-Retaliation Regulations in Title VI or Title IX Enforceable in a Private Right of Action: Does Sandoval or Sullivan Control This Question?, 35 Seton Hall L. Rev. 47 (2004), in Lynn Ridgeway Zehrt, Retaliation's Changing Landscape, 20 Geo. Mason U. Civ. Rts. L.J. 143 (2010).
- Environmental Justice and Title VI: Making Recipient Agencies Justify Their Siting Decisions, 73 Tul. L. Rev. 787 (1999); South Camden Citizens in Action v. New Jersey Department of Environmental Protection: Will Section 1983 Save Title VI Disparate Impact Suits?, 32 Envtl L. Rep. 10454 (Envtl L. Inst.) (Apr. 2002); and The Draft Title VI Recipient and Revised Investigation Guidances: Too Much Discretion for EPA and a More Difficult Standard for Complainants?, 30 Envl L. Rep. 11144 (Envl L. Inst.) (Dec. 2000), in James T. O'Reilly & Caroline Broun, RCRA and Superfund: A Practice Guide (Thomson-West, 3d ed. 2010 Supp.).
- 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 Kathryn A. Watts, The Honorable John Paul Stevens: Security: From Chevron to Massachusetts: Justice Stevens's Approach to Securing the Public Interest, 43 U.C. Davis L. Rev. 1021.
- Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Amy L. Stein, Climate Change under NEPA: Avoiding Cursory Consideration of Greenhouse Gases, 81 U. Colo. L. Rev. 473 (2010).
- 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, Clear Statement Rules and the Constitution, 110 Colum. L. Rev. 399 (2010).
- Using Section 1983 to Enforce Title VI’s Section 602 Regulations, 49 Kan. L. Rev. 321 (2001), in Chinh Q. Le, Racially Integrated Education and the Role of the Federal Government, 88 N.C. L. Rev. 725 (2010).
Assistant Professor of Law
Stephanie presented Tax Filing in the U.K.: A Guide for the U.S. When Eliminating the Marriage Penalty at Indiana-Bloomington as part of its Tax Policy Colloquium Series and at St. Louis as part of a conference on Critical Issues in International & Comparative Taxation.
Assistant Professor of Law
Director, Glenn M. Weaver Institute of Law and Psychiatry
Doug’s article, Liability Worries in 15-Minute ‘Med Checks’, will be published in 5 Current Psychiatry ___ (2010). He attended the Interpersonal Psychotherapy Introductory Course, Institute for Interpersonal Psychotherapy, University of Iowa.
Several of Douglas’s articles were cited:
- "A Fool for a Client": Print Portrayals of 49 Pro se Criminal Defendants, 29 J. Am. Acad. Psychiatry L. 408 (2001) (with Neal W. Dunseith, Jr.), in Judith G. McMullen & Debra Oswald, Why Do We Need a Lawyer?: An Empirical Study of Divorce Cases, 12 J. L. Fam. Stud. 57 (2010).
- Daubert, Cognitive Malingering, and Test Accuracy, 27 L. & Hum. Behavior 229 (2003), in Karl B. Tegland, Evidence Law and Practice (Thomson/West, 5th ed., 2010 Supp.)
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Seng Khoon Teh, et al. Near-infrared Raman Spectroscopy for Optical Diagnosis in the Stomach: Identification of Helicobacter-Pylori Infection and Intestinal Metaplasia, 126 Int’l J. of Cancer 1920 (Apr 15, 2010).
Ronna Greff Schneider
Professor of Law
Ronna’s book, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2004), was cited in William E. Hartsfield, Investigating Employee Conduct (Clark Boardman Callaghan, 2010 Supp.).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Several of Michael’s articles were cited:
- Choice of Law in the American Courts in 1991, 40 Am. J. Comp. L. 951 (1992), in Symeon C. Symeonides, Choice of Law in the American Courts in 2009: Twenty-Third Annual Survey, 58 Am. J. Comp. L. 227 (2010).
- Competitive Federalism and Interstate Recognition of Marriage, 32 Creighton L. Rev. 83 (1998), in Toni Marzal Yetano, The Constitutionalisation of Party Autonomy in European Family Law, 6 J. Private Int’l L. 155 (2010).
- 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 David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2010 Supp.).
- Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Paul G. Ulrich & Sidley Austin, Brown & Wood, Federal Appellate Practice Guide 9th Circuit (Lawyers Cooperative, 2nd ed., 2010 Supp.).
- The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998), in Roxanne Barton Conlin & Gregory S. Cusimano, eds., ATLA's Litigating Tort Cases (Thomson- West, 2009 Supp.).
- 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 Troy A. McKenzie, Judicial Independence, Autonomy, and the Bankruptcy Courts, 62 Stan. L. Rev. 747 (2010).
- 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 Jay Horowitz, Rule 68: The Settlement Promotion Tool That Has Not Promoted Settlements, 87 Denv. U. L. Rev. 485 (2010).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in David P. Currie, et al., Conflict of Laws (West, 8th ed., 2010); Peter Hay, Russell J. Weintraub & Patrick J. Borchers, Conflict of Laws (Foundation Press, 13th ed., 2010); and Russell J. Weintraub, Commentary on the Conflict of Laws (Foundation Press, 6th ed., 2010).
- Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in David P. Currie, et al., Conflict of Laws (West, 8th ed., 2010), and Robert L. Felix & Ralph U. Whitten, American Conflicts Law (LexisNexis, 5th ed, 2010).
Professor of Law
Several 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 Lynn Ridgeway Zehrt, Retaliation's Changing Landscape, 20 Geo. Mason U. Civ. Rts. L.J. 143 (2010); Lawrence M. Solan, Response: Opportunistic Textualism, 158 U. Pa. L. Rev. PENNumbra 225 (2010); and David F. Herr, Annotated Manual for Complex Litigation (Thomson-West, 2010 Supp.).
- The Pleading Problem, 62 Stan. L. Rev. ___ (2010), in Robert G. Bone, Plausibility Pleading Revisited and Revised: A Comment on Ashcroft v. Iqbal, 85 Notre Dame L. Rev. 849 (2010); and Allison Sirica, The New Federal Pleading Standard, 62 Fla. L. Rev. 547 (2010).
- 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), and '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 Charles Alan Wright, et al., Federal Practice and Procedure (West 2010 Supp.).
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe’s article, Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), was cited in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2010 Supp.).
Dean Tomain served as Reporter for the ABA Standards Review Committee at it quarterly meeting.
His remarks entitled Venture Regulation were published in the proceedings of the Wake Forest University Energizing the Future Conference held in February 2010.
Dean Tomain also published a chapter entitled Dirty Energy Policy in David M. Driesen (ed.), Economic Thought and U. S. Climate Change Policy (2010) published by MIT Press.
Professor of Law
Verna, Emily Houh, and Kristin Kalsem spoke at UCLA on a panel on Intersectionality in Action at the 4th Annual Critical Race Studies Symposium on Intersectionality.