Faculty News September 2010 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie served on a negotiation panel in a Barnes Dennig program for women accountants, clients, and lawyers.
Marjorie’s chapter, Using Evaluations in Mediation, in American Arbitration Association, AAA Handbook on Mediation 327-341 (2d ed. 2010) (with Dwight Golann), was published by Juris.
In collaboration with the College-Conservatory of Music and CCM Professor Rocco Dal Vera, the College’s Center for Practice, of which Marjorie is the Director, ran its popular CLE, “Acting Directions for Winning Trial Performance,” in mid-September and early October.
Lin (Lynn) Bai
Associate Professor of Law
Lynn’s most recent article, The Performance Disclosures of Credit Rating Agencies: Are They Effective Reputational Sanctions?, has been accepted for publication in the New York University Journal of Law & Business (forthcoming 2010).
Professor of Clinical Law
Marianna published Judicial Elections as part of her monthly “Legally Speaking” column in the American Israelite and the Cincinnati Herald.
On September 23, Marianna was elected to the Board of the Ohio Justice and Policy Center, a Cincinnati-based “non-profit law office that works for productive, statewide reform of the criminal justice system.”
Marianna gave a Continuing Judicial Education Presentation at the Ohio Judicial Conference on September 10 in Columbus, entitled, Highlights of the Supreme Court of Ohio June 2009-June 2010.
Marianna organized and participated in a preparation session for Angie Jackson of the Ohio Justice and Policy Center for Angie’s argument before the Supreme Court of Ohio in the case of State v, Hodge. Several years ago, the Ohio Supreme Court struck down and severed a provision of Ohio’s sentencing law that required judicial factfinding for the imposition of any consecutive sentence, believing such a finding was required by a series of U.S. Supreme Court decisions. But the U.S. Supreme Court recently upheld the constitutionality of an Oregon statute allowing judicial factfinding in the imposition of consecutive sentencing. The issue in Hodge was the effect of this recent U.S. Supreme Court decision on the previously stricken provision of Ohio’s sentencing law.
Marianna arranged for and organized the visit of Justice Dana Fabe of the Supreme Court of Alaska, who traveled to Cincinnati to serve as the College’s Fall 2010 Harris Distinguished Practitioner, and to take part in the National Association of Women Judges (NAWJ) Regional Meeting and Color of Justice Mentoring Conference. As part of her visit, Marianna also organized a dinner for Justice Fabe and the lawyer-mentors taking part in the Conference (see below).
Along with Associate Dean Mina Jefferson, a planning committee of the NAWJ, and Lexis Nexis, Marianna planned and co-sponsored a full day program devoted to diversity. She organized a panel discussion for the morning session, Color of Justice. Participants were Senator Eric Kearny, 9th district of Ohio; Nate Lampley, managing partner of the Cincinnati office of Vorys Sater law firm; Angie Jackson of the Ohio Justice and Policy Center; and Judge Nadine Allen of the Hamilton County Court of Common Pleas. Marianna also arranged the afternoon session, called Mentor-Jet, in which 15 local judges and practitioners met with students for short sessions about their careers.
Along with Dean Mina Jefferson, Marianna selected Sapphire Diamant-Rink (UC Law class of 2011) as the recipient of a $1,000 Equal Access to Justice scholarship awarded by the NAWJ at the Mentor-Jet program. The award was given to the student who best exemplified the NAWJ’s diversity goals.
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara’s article, 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), was cited in Michael J. Kaufman, Securities Litigation: Damages (Clark Boardman Callaghan, 2010 Supp.).
Associate Professor of Legal Research and Writing
Michele’s article, The States' Role in Regulating Food Labeling and Advertising: The Effect of the Nutrition Labeling and Education Act of 1990, 49 Food & Drug L.J. 649 (1994), was cited in Devon E. Winkles, Weighing The Value Of Information: Why The Federal Government Should Require Nutrition Labeling For Food Served In Restaurants, 59 Emory L.J. 549 (2009).
A. Christopher Bryant
Professor of Law
Chris’s new essay, What McDonald Means for Unenumerated Rights, was accepted for publication by the Georgia Law Review.
Paul L. Caron
Charles Hartsock Professor of Law
For the fifth year in a row, Paul was named one of the 100 Most Influential People in Tax and Accounting by Accounting Today.
Paul was profiled in the National Law Journal as one of five "pioneers in law blogging" (along with Doug Berman (Ohio State), Christine Hurt (Illinois), Brian Leiter (Chicago), and Eugene Volokh (UCLA)).
Paul was quoted in a National Law Journal article on LL.M. programs, 'Cash Cow' or Valuable Credential?.
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 8 issues of Tax Law & Policy (vol. 11, nos. 52-59)
- 5 issues of Practitioner Series (vol. 10, nos. 35-39)
- 6 issues of International & Comparative Tax (vol. 10, nos. 31-36)
Three of Paul’s articles were cited:
- The Capital Defendant's Right to Obtain Exculpatory Evidence from the Prosecution to Present in Mitigation before Sentencing, 23 Am. Crim. L. Rev. 207 (1985), in John J. Goger, Daniel's Georgia Criminal Trial Practice Forms (Harrison, 6th ed. 2010 Supp.);
- New Decision Further Clouds Deductibility of Expenses during Administration, 11 Est. Plan. 164 (1984), in George Gleason Bogert, et al., Bogert's Trusts and Trustees (Thomson West, 3rd ed. 2010 Supp.); and
- Taxing Opportunity, 14 Va. Tax Rev. 347 (1994), in Joseph M. Dodge, Are Gift Demand Loans of Tangibble Property Subject to the Gift Tax? 30 Va. Tax Rev. 181 (2010).
Jacob Katz Cogan
Associate Professor of Law
The Coercive Turn in International Law was accepted for publication in the Harvard International Law Journal.
Margaret B. Drew
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret presented on Civil Gideon and Domestic Violence Cases during a telephone conference of domestic violence advocates organized by Strategic Justice Initiatives of the University of Southern Maine’s Muskie School for Public Service.
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark spoke about the innocence movement with Ohio Innocence Project (OIP) client and exoneree, Raymond Towler, at the University of Dayton Law School at an event sponsored by their student chapter of the American Constitution Society.
Mark’s article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005), was cited in U.S. v. Ghailani, No. S10 98 Crim. 1023(LAK), 2010 WL 3430514 (S.D.N.Y. Aug. 17, 2010).
Mark was quoted in:
- Innocence Project Has Growing Track Record, Bucyrus Telegraph Forum, Sept. 4, 2010;
- Innocence Project Has Growing Track Record, Mansfield News Journal, Sept. 4, 2010;
- Judge Hears Arguments Over Retesting DNA, Akron Beacon Journal, Sept. 2, 2010; and
- Timeout From Death?, Columbus Dispatch, Aug. 8, 2010, at 1A.
Emily M.S. Houh
Associate Dean of Faculty and Gustavus Henry Wald Professor of Law and Contracts
Emily’s article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in Stephen S. Ashley, Bad Faith Actions: Liability & Damages (West, 2d ed. 2010).
Professor of Law
Kristin’s article, Social Justice Feminism, U of Cincinnati Public Law Research Paper No. 08-14, co-authored with Verna Williams, was cited in Martha Chamallas, Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory, 17 Mich. J. Gender & L. 157 (2010). Social Justice Feminism is forthcoming in the UCLA Women’s Law Journal in 2010.
James B. Helmer, Jr. Professor of Law
Brad’s article, Summers v. Earth Island Institute: Its Implications for Future Standing Decisions, was published by the Environmental Law Institute® in 40 Environmental Law Reporter 10958-10973 (October 2010).
Brad’s new article, Standing in Monsanto Co. v. Geertson Seed Farms: Using Economic Injury as a Basis for Standing When Environmental Harm is Difficult to Prove, has been accepted for publication in the Pennsylvania State Law Review.
Several of Brad’s publications 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 Lumen N. Mulligan, Federal Courts Not Federal Tribunals, 104 Nw. U. L. Rev. 175 (2010);
- Legal Context: Reading Statutes in Light of Prevailing Legal Precedent, 34 Ariz. St. L.J.l 815 (2002), in Lumen N. Mulligan, Federal Courts Not Federal Tribunals, 104 Nw. U. L. Rev. 175 (2010);
- 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), in Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2010 Supp.);
- 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 Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2010 Supp.);
- 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 Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2010 Supp.);
- 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), in Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2010 Supp.);
- 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), in Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman Callaghan, 2010 Supp.);
- 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, 2010 Supp.); and
- Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority and Deference to Executive Agencies, 86 Ky L.J. 527 (1998), in Brian G. Slocum, The Importance of Being Ambiguous: Substantive Canons, Stare Decisis, and the Central Role of Ambiguity Determinations in the Administrative State, 69 Md. L. Rev. 791 (2010).
Stephanie Hunter McMahon
Assistant Professor of Law
Stephanie presented London Calling: Does the U.K’s Experience With Individual Filing Clash with the U.S.’s Expectations?, ___ St. Louis L.J. ____ (forthcoming 2010) at Loyola (L.A.) Law School’s Tax Policy Colloquium on Sept. 13, 2010.
The University’s Faculty Senate Cabinet appointed Stephanie chair of the Research and Scholarship Committee and to the University’s Advisory Council of the Center for Enhancement of Teaching and Learning.
Stephanie also has been appointed to the Ohio Supreme Court’s Commission on Certification of Attorneys as Specialists.
Stephanie’s article, To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939-1947, 27 Law & Hist. Rev. 585 (2009), was cited in William H. Byrnes, IV & Jason A. Fiske, Mertens Law of Federal Income Taxation (Callaghan 2010 Supp.).
Darrell A.H. Miller
Associate Professor of Law
Darrell’s most recent article, Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights, was accepted for publication in the New York University Law Review.
Darrell presented the Constitution Day address, “Idolizing the Constitution,” at Anderson University on September 27. His comments were covered in the September 28 edition of the Anderson Herald Bulletin.
Douglas Mossman< M.D.
Director, Glenn M. Weaver Institute of Law and Psychiatry
Doug published the following articles:
- Successfully Navigating The 15-Minute ‘Med Check.’ 9 Current Psychiatry 40 (2010);
- Incompetence to Maintain a Divorce Action: When Breaking Up Is Odd to Do, 84 St. John’s L. Rev. 117 (2010) (with Amanda Shoemaker’s (Weaver Fellow – UC Law Class of 2009)); and
- Should You Restrain Yourself From Ordering Restraints? 9 Current Psychiatry 36 (2010).
Doug’s article, Brief Rating of Aggression by Children and Adolescents (BRACHA): Development of a Tool to Assess Risk of Inpatients’ Aggressive Behavior (with Barzman D, Brackenbury L, Sonnier L, Schnell B, Cassedy A, Salisbury S, Sorter M), was accepted for publication in the Journal of the American Academy of Psychiatry and the Law (forthcoming).
Several of Doug’s articles were cited:
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Gordana Rajlic & Heather M. Gretton, An Examination Of Two Sexual Recidivism Risk Measures In Adolescent Offenders The Moderating Effect Of Offender Type, 37 Crim. Just. & Behav. 1066 (2010);
- Maximizing Diagnostic Information From the Dexamethasone Suppression Test: An Approach to Criterion Selection Using Receiver Operating Characteristic Analysis, 46 Archives of Gen. Psychiatry 653 (1989) (with Eugene Somoza), in Mark Zimmerman, et al., Performance Of The Bipolar Spectrum Diagnostic Scale In Psychiatric Outpatients, 12 Bipolar Disorders 528 (2010);
- Measuring Decisional Capacity: Cautions on the Construction of a "Capacimeter," 2 Psychol. Pub. Pol'y & L. 73 (1996) (with Marshall B. Kapp), in Carol J. Whitlatch & Heather L. Menne, Don't Forget About Me! Decision Making by People with Dementia, 33 Generations-J. of the Am. Soc’y on Aging 66 (2009); and
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Rafiul Hassan, et al., A Novel Scalable Multi-class ROC for Effective Visualization and Computation, 6118 Advances in Knowledge Discovery & Data Mining, Pt I, Proc. 107 (2010).
Doug was quoted in Closing Arguments Expected in Strangulation Case, Cincinnati Enquirer, Sept. 25, 2010.
Rachel Jay Smith
Professor of Legal Research and Writing
The Board of Trustees of the University of Cincinnati approved Rachel’s promotion to Full Clinical Professor (of Legal Research and Writing). Our heartiest congratulations to Rachel!
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael published Independence, Accountability, and the Case for State Judicial Elections, 9 Election Law Journal 215 (2010), reviewing Chris Bonneau & Melinda Gann Hall, In Defense of Judicial Elections (Routledge 2009).
Several of Michael’s articles were cited:
- 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, 2010 Supp.).
- An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Jonathan Klick, Federalism, Variation, and State Regulation of Franchise Termination, 3 Entrepreneurial Bus. L.J. 355 (2009).
- 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 Steven H. Steinglass, Section 1983 Litigation in State Courts (Clark Boardman Callaghan, 2010).
- Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001)(with Tracey George), in Todd Collins, Is the Sum Greater than Its Parts? Circuit Court Composition and Judicial Behavior in the Courts of Appeals, 32 Law & Pol’y 435 (2010).
Visiting Professor of Law
Margaret’s article, The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation,97 Geo. L.J. 1567 (2009), was cited in Renee Newman Knake, The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? 59 Am. U. L. Rev. 1499 (2010).
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe’s book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Brian H. Potts, The Dirty Climate Debate, 120 Yale L.J. Pocket Part 1 (2010).
On September 23, Joe gave the Harold C. Schott Award Lecture, “Creon’s Ghost: Three Faces of Justice.” The College-wide lecture was based on his recently released book Creon’s Ghost: Law, Justice, and the Humanities (Oxford University Press 2009), for which Joe received the 2009 Harold C. Schott Scholarship Award honoring outstanding research and scholarly achievement by a member of the faculty at the College of Law.
Verna L. Williams
Professor of Law
Verna’s article, Social Justice Feminism, U of Cincinnati Public Law Research Paper No. 08-14, co-authored with Kristin Kalsem, was cited in Martha Chamallas, Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory, 17 Mich. J. Gender & L. 157 (2010). Social Justice Feminism is forthcoming in the UCLA Women’s Law Journal in 2010.
Law Library Faculty News
Associate Director for Public and Research Services
Susan began serving her term as Faculty Senator from the Library Faculty and was appointed to the Advisory Council for the Statewide Consortium of County Law Library Resources Board.
Jim’s article, The European Human Rights System, has been accepted for publication in 102 Law Library Journal ___ (forthcoming 2010).
He attended the International Association of Law Libraries conference in The Hague on Sept. 5-8 with funding from the University’s Faculty Development Council.
Jim began serving his terms on the University Governance & Bylaws Committee and the Library Faculty Reappointment, Promotion & Tenure Committee.
Electronic Resources & Instructional Services Librarian
Ron was elected to the AAUP Associates Council from the Library Faculty and serves as a member of the Library Faculty Executive Council.
He was also appointed a member of the University of Cincinnati AAUP’s Contract Compliance and Education Committee and the AAUP Statement on Developing Merit Criteria Committee.
Shannon’s article, Follow the Money! What Are You Spending on Research Sources? Part III: Teaching Old Resources to do New Tricks, (with Emily Janoski-Haehlen), will be published in the Nov. 2010 issue of the Northern Kentucky Bar Association journal, Lexi Loci.
Her review of an Unsettled Account: The Evolution of Banking in the Industrialized World Since 1800 by Richard S. Grossman was submitted for publication in the Winter 2011 (103.1) issue of Law Library Journal.
Jan helped complete the revision of the Library Faculty’s Dossier Preparation Handbook as part of the ad-hoc revision committee.
She attended the Resource Description Access workshop as a member of the University’s Database Maintenance Standards Committee (DMS).
She completed the campus wide authority control project, which is a metadata project for the public catalog.
Lisa was elected Secretary of the Library Faculty and chair of the Law Library Faculty. She was also appointed to the Delivery Committee of the SouthWest Ohio and Neighboring Libraries.
Lisa attended the Fundamentals of Cataloging Workshop at OhioNet in Columbus.