College of Law

Publications

Articles, Essays & Book Reviews

• Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2006) (symposium)
• Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, 25 St. Louis U. Pub. L. Rev. 307 (2006) (symposium)
• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006)
• Overcoming the Obstacles of Garrett: An "As Applied" Saving Construction for the ADA's Title II, 39 Wake Forest L. Rev. 133 (2004) (symposium) (with Timothy J. Cahill)
• De-Institutionalizing the Mentally Disabled: The Canadian Solution, 25 Hum. Rts. Q. 832 (2003) (reviewing A Textured Life: Empowerment and Adults with Developmental Disabilities (Alisor Pedlor et al., eds.) (1999))
• The Interaction of the ADA, the FMLA, and Workers' Compensation: Why Can't We Be Friends?, 41 Brandeis L.J. 821 (2003) (symposium)
• International Bioethics: West Learns from East, 25 Hum Rts. Q. 822 (2003) (reviewing A Cross-Cultural Dialogue on Health Care Ethics (Harold Coward & Pinit Ratanakul, eds.) (1999))
• The Model of a Great Doctor, 25 Hum. Rts. Q. 826 (2003) (reviewing Paul farmer, Infections and Inequalities: The Modern Plagues (2001))
• Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Conn. L. Rev. 603 (2001)
• Recalibrating the Cost of Harm Advocacy: Getting beyond Brandenburg, 41 Wm. & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski)
• Taming Terrorists but Not "Natural Born Killers", 27 N. Ky. L. Rev. 81 (2000)
• Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998)

Presentations

• Dangerous Science: The Use of Evolutionary Psychology in the Law, Boston College Law School (Spring 2001)
• The Learned Intermediary Doctrine in the Era of Pharmaceutical Television Advertising, 2001 National Rendigs Moot Court Competition, University of Cincinnati College of Law (Spring 2001)
• Speaking Freely: Conflicts Between the Ethical Rules and An Attorney's First Amendment Rights, Lawyer's Club, Cincinnati, Ohio (Fall 2000)
• Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, University of Cincinnati College of Law (Summer 2000)
• The Learned Intermediary Doctrine: A New Warning to Pharmaceutical Manufacturers, 2000 National Rendigs Moot Court Competition, University of Cincinnati College of Law (Spring 2000)
• Conflicts of Interests and Institutional Review Board Regulations, University of Cincinnati College of Medicine and the Cincinnati Children's Hospital Medical Center (Winter 2000)
• Taming Terrorists But Not ‘Natural Born Killers,' Northern Kentucky School of Law (Fall 1999)
• The Attorney-Client Privilege: A Post-Mortem Analysis of Swidler & Berlin v. United States, Lawyer's Club, Cincinnati, Ohio (Fall 1999)
• Recalibrating the Cost of Harm Advocacy Speech: Getting BeyondBrandenburg, University of Cincinnati College of Law (Summer 1999)
• Warranty Liability and the Y2K Problem, 1999 National Rendigs Moot Court Competition, University of Cincinnati College of Law (Spring 1999)
• Mentoring, and Authorship and Peer Review, University of Cincinnati College of Medicine and the Cincinnati Children's Hospital Medical Center (Winter 1999)
• Law School Exam Skills, National Black Law Students Association, University of Cincinnati College of Law (Fall 1998)
• Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, University of Cincinnati College of Law (Summer 1998)
• Whose Federalism, Indiana University School of Law-Indianapolis (Spring 1998)
• Deferring A Difficult Decision: Judicial Developments Concerning the Right to Die, Cincinnati Bar Association Health Law Section (Fall 1997)
• Employment Issues Facing Health Care Workers in the Era of Managed Care, University of Cincinnati College of Nursing (Spring 1997)
• Women in Law Firms, Mount Vernon College, Washington, D.C (Spring 1996)

Summer 2011

Several of Betsy’s articles were cited:

Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Leonard I. Reiser, Strong's North Carolina Index 4th (2011);

• Recalibrating the Cost of Harm Advocacy Speech: Getting beyond Brandenburg, 41 Wm & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski), in Chelsea Norell, Criminal Cookbooks: Proposing A New Categorical Exclusion For The First Amendment, 84 S. Cal. L. Rev. 933 (2011);

•  Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), in Charles R. Richey,Manual of Employment Discrimination and Civil Rights Actions in the Federal Courts (Clark Boardman Callaghan, 2011 Supp.);

• Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), in Adam S. Mintz, Do Corporate Rights Trump Individual Rights? Preserving An Individual Rights Model In A Pluralist Society, 44 Colum. J.L. & Soc. Probs. 267 (2011);

• Taming Terrorists But Not "Natural Born Killers", 27 N. Ky. L. Rev. 81, 85 (2000), in Jennifer Jones, Evolving Entertainment Technology: Can New Types Of Fun Lead To New Types Of Liability?, 13 Yale J. L. & Tech. 188 (2011); and

• Views From the Front: A Dialogue About the Modern Corporate Law Firm, 1996 Utah L. Rev. 1293 (with Ronald J. Krotoszynski, Jr.), in Bernard A. Burk & David McGowan, Big But Brittle: Economic Perspectives On The Future Of The Law Firm In The New Economy, 2011 Colum. Bus. L. Rev. 1.

March 2011

Betsy served on a College-wide panel that discussed the Obamacare Mandate.  The discussion, moderated by Dean Lou Bilionis, also featured Professors Chris Bryant and Michael Solimine, as well as local attorney Jack Painter, who is an advisory board member of the Cincinnati Tea Party and board member of the Ohio Liberty Council.

Betsy was mentioned in UC Law Hosts Panel on Healthcare Mandate, Targeted News Service, Mar. 11, 2011

February 2011

Betsy’s article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited inStrong's North Carolina Index (Lawyers Cooperative Publishing, 4th ed, 2011 Supp.).

December 2010

Betsy’s article, Recalibrating the Cost of Harm Advocacy Speech: Getting beyond Brandenburg, 41 Wm & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski), was cited in Mark Strasser, Advocacy, True Threats, And The First Amendment, 38 Hastings Const. L.Q. 339 (2011).

November 2010

Betsy’s article, Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), was cited in Joshua Landau & Kate Willcox, Within The Law: Dealing With Non-Confidential Sensitive Information In The Age Of Online Legal Tabloids, 23 Geo. J. Legal Ethics 667 (2010).

October 2010

Three of Betsy’s articles were cited:

• Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Strong's North Carolina Index (Thomson West, 4th ed. 2010 Supp.); and in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan, 2010 Supp.);
• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), in Steven W. Feldman, Contract Law and Practice (Thomson-West, 2010 Supp.); and
• Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), in Ronna Greff Schneider, Education Law: First Amendment, Due Process, and Discrimination Litigation (West Group, 2010 Supp.).

Summer 2010

Several of Betsy’s articles were cited:

• The Interaction of the ADA, the FMLA, and Workers’ Compensation: Why Can’t We Be Friends?, 41 Brandeis L.J. 821 (2003), in Carmona v. Southwest Airlines Company, 604 F.3d 848 (5th Cir. 2010);
• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests,  41 Wake Forest L. Rev. 189  (2006), in Eleanor D. Kinney, For Profit Enterprise in Health Care: Can it Contribute to Health Reform? 36 Am. J.L. & Med. 405 (2010);
• Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?,33 Conn. L. Rev 603 (2001), in Carrie Griffin Basas, The New Boys: Women with Disabilities and the Legal Profession, 25 Berkeley J. Gender L. & Just. 32 (2010); and
• Teaching the New Three R's–Repression, Rights and Respect: A Primer of Student Speech Activities, 37 B.C. L. Rev. 119 (1995), in Ronald J. Krotoszynski, Jr., The Argot of Equality: on the Importance of Disentangling “Diversity” and “Remediation” as Justifications for Race-conscious Government Action, 87 Wash. U. L. Rev. 907 (2010).

June 2010

Two of Betsy’s articles were cited:

• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), in Charles A. Sullivan, The Puzzling Persistence of Unenforceable Contract Terms, 70 Ohio St. L.J. 1127 (2009).
• Views From the Front: A Dialogue About the Modern Corporate Law Firm, 1996 Utah L. Rev. 1293, in Eli Wald, Glass Ceilings and Dead Ends: Professional Ideologies, Gender Stereotypes, and the Future of Women Lawyers at Large Law Firms, 78 Fordham L. Rev. 2245 (2010).

May 2010

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).

March 2010

Betsy's article, Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), was cited in Charles R. Richey, Manual of Employment Discrimination and Civil Rights Actions in the Federal Courts (Clark Boardman Callaghan, 2010 Supp.).

February 2010

Betsy’s article, Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), was cited in Nancy S. Kim, Web Site Proprietorship and Online Harassment, 2009 Utah L. Rev. 993.

January 2010

Betsy's article, Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev 603 (2001), was cited in EEOC v. Supervalu, Inc., 2009 U.S. Dist. LEXIS 116718 (N.D. Ill. Dec. 15, 2009).

October 2009

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.).

Summer 2009

Two of Betsy’s articles were cited:

• Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U.L. Rev. 1187 (2007), in Jonathan D. Jones, Cybersmears and John Doe: How Far Should First Amendment Protection of Anonymous Internet Speakers Extend?, 7 First Amend. L. Rev. 421 (2009).
• Teaching the New Three R's -- Repression, Rights and Respect: A Primer of Student Speech Activities, 37 B.C. L. Rev. 119 (1995), in Frank D. LoMonte, Shrinking Tinker: Students Are Persons under Our Constitution-- Except When They Aren't, 58 Am. U. L. Rev. 1323 (2009).

June 2009

Two of Betsy’s publications were cited:

• Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan, 2009 Supp.).
• Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), in Charles R. Richey, Manual of Employment Discrimination and Civil Rights Actions in the Federal Courts (Clark Boardman Callaghan, 2009 Supp.).

April 2009

Betsy presented Solving the Truth Deficit on the Internet: Injunctions or Civil Damages? at Ohio State as part of the College’s Scholar Exchange Program.

Betsy was quoted in:

• Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), in Tara E. Lynch, Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability, 19 Syracuse Sci. & Tech. L. Rep. 1 (2008)
• Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, 41 Wake Forest L. Rev. 189 (2006), in Steven W. Feldman, Contract Law and Practice (Thomson-West, 2008 Supp.)

March 2009

Betsy presented Overvaluing Anonymous Speech: Problems in State Court Defamation Actions at Kansas as part of the UC-Kansas Scholar Exchange Program. (She hosted a workshop at the College last year by Melanie Wilson (Kansas), Prosecutors “Doing Justice” Through Osmosis: Reminders to Encourage a Culture of Cooperation.)

Two of Betsy’s articles were cited:

• Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), in Anthony Ciolli, Technology Policy, Internet Privacy, and the Federal Rules of Civil Procedure, 11 Yale J.L. & Tech. 176 (2009); and Jason C. Miller, Who's Exposing John Doe? Distinguishing between Public and Private Figure Plaintiffs in Subpoenas to ISPs in Anonymous Online Defamation Suits, 13 J. Tech. L. & Pol'y 229 (2009).
• Recalibrating the Cost of Harm Advocacy Speech: Getting beyond Brandenburg, 42 Wm & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), in Recent Case, 122 Harv. L. Rev. 1239 (2009).

February 2009

Betsy’s article, Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2007), was cited in Joseph Blocher, Reputation as Property in Virtual Economies, 118 Yale L.J. Pocket Part 120 (2009).

November 2008

Betsy's article, Recalibrating the Cost of Harm Advocacy Speech: Getting beyond Brandenburg, 42 Wm. & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), was cited in Steven Penaro, Reconciling Morse with Brandenburg, 77 Fordham L. Rev. 251 (2008).

October 2008

Betsy acted as the discussant at a faculty workshop at the College by Nicole Huberfeld, Spending and Compulsory Motherhood as part of the College's Faculty Workshop Series.

Summer 2008

Betsy was named Andrew Katsanis Professor of Law.

Betsy presented Anonymous Blogging as part of the 12th Annual UC Faculty Summer Scholarship Series.

Betsy's article, Recalibrating the Cost of Harm Advocacy Speech: Getting Beyond Brandenburg, 42 Wm & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), was cited in Ronald J. Krotoszynski, The Return of Seditious Libel, 55 UCLA L. Rev. 1239 (2008).

June 2008

Betsy's blog, Health Law Prof Blog, was named a Top-50 Law School Blog.

Betsy and Marjorie Aaron organized the UC Law Running Club and participated in the Flying Pig Marathon.

Two of Betsy's articles were cited:

• Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Strong's North Carolina Index (Thomson West, 4th ed. 2008 Supp.).
• Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev. 603 (2001), in Elizabeth F. Emens, Integrating Accommodation, 156 U. Pa. L. Rev. 839 (2008).

May 2008

Betsy's article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan 2008 Supp.).

April 2008

Betsy posted Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, 25 St. Louis U. Pub. L. Rev. 307 (2006), on SSRN.

Betsy's article, Recalibrating the Cost of Harm Advocacy Speech: Getting Beyond Brandenburg, 42 Wm. & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), was cited in Ronald Turner, Cross Burnings and the Harm-valuation Analytic: A Tale of Two Cases, 9 Berkeley J. Afr.-Am. L. & Pol'y 3 (2007).

March 2008

Betsy posted Anonymous Blogging and Defamation: Balancing Interests of the Internet, 84 Wash. U. L. Rev. 1187 (2006), on SSRN. The article was featured on Larry Solum's Legal Theory Blog and sparked considerable discussion in the law prof blogosphere:

• InstaPundit (Ann Althouse (Wisconsin))
• ProfessorBainbbbridge.com (Stephen Bainbridge (UCLA))
• The Volokh Conspiracy (Eugene Volokh (UCLA))

February 2008

Betsy's article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Clark Boardman Callaghan, 2008 Supp.).

December 2007

Betsy's article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Strong's North Carolina Index (Lawyers Cooperative, 4th ed., 2007 Supp.)

November 2007

Betsy and Doug Mossman organized the symposium, Revising the Frontiers of Responsibility and Blame: How Neuroscience Is Reshaping Philosophy and the Criminal Law, co-sponsored by the Glenn M. Weaver Institute, the UC Department of Philosophy, and the UC College of Medicine. Speakers included:

• John Bickle, Ph.D. (University of Cincinnati, Department of Philosophy).
• Valerie Hardcastle, Ph.D. (Dean, UC McMicken College of Arts and Sciences).
• Douglas S. Lehrer, M.D. (Wright State University Boonshoft School of Medicine).
• Stephen J. Morse, J.D., Ph.D. (University of Pennsylvania School of Law).
• Stephen M. Strakowski, M.D. (University of Cincinnati, Department of Psychiatry).
• Glen Weissenberger, J.D. (Dean, DePaul University School of Law).

Betsy and the entire College community mourned Dr. Glenn Weaver, who died on October 25 at age 86.

Betsy served as Discussant for a faculty workshop by Melanie Wilson (Kansas) on Prosecutors Doing Justice Through Osmosis: Reminders to Encourage a Culture of Cooperation, as part of the College's Faculty Colloquia Series.

Betsy participated in the Alumni Teach-In Day, as Deborah Lydon (Class of 1981), Dinsmore & Shohl (Cincinnati, OH) and Tom Korbee (Class of 1977), taught her Torts Class.

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 Carol Wong, The Family and Medical Leave Act: To Waive, or Not to Waive, 2007 U. Ill. L. Rev. 1567.

October 2007

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), in Carol Wong, The Family and Medical Leave Act: To Waive, or Not to Waive, 2007 U. Ill. L. Rev. 1567.

Summer 2007

Betsy presented Roll Out the Lawsuits: Could Tort Lawyers Have a Barrel of Fun with the Genetics of Alcoholism? (with Douglas Mossman) as part of the 11th Annual UC Faculty Summer Scholarship Series.

Two of Betsy's articles were cited:

• Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), in Sabine Michalowski, Trial and Error at the End of Life No Harm Done?, 27 Oxford J. Legal Stud. 257 (Summer 2007); and Karen Moulding and National Lawyers Guild, Lesbian, Gay, Bisexual and Transgender Committee, Sexual Orientation and the Law (Clark Boardman Callaghan, 2007 Supp.).
• Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev. 603 (2001), in Ravi Malhotra, The Legal Genealogy of the Duty to Accommodate American and Canadian Workers with Disabilities: A Comparative Perspective, 23 Wash. U. J.L. & Pol'y 1 (2007).

May 2007

Betsy published Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, 25 St. Louis Univ. Pub. L. Rev. 307 (Fall 2006) (symposium). She hosted the Glenn M. Weaver Institute of Law and Psychiatry symposium, Law, Ethics, Psychiatry, and the Human Genome Project.

Betsy's article, Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev. 603 (2001), was cited in Naomi Schoenbaum, It's Time that You Know: The Shortcomings of Ignorance as Fairness in Employment Law and the Need for an "Information-shifting" Model, 30 Harv. J. L. & Gender 99 (2007).

March 2007

Betsy's article, Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Roberta Achtenberg & Karen Moulding, Sexual Orientation and the Law (Thomson-West, 2007 Supp.).

January 2007

Betsy's article, Something Borrowed, Something Blue: Why Are Disability Law Claims Any Different?, 33 Conn. L. Rev. 603 (2001), was cited in Cheryl L. Anderson, What Is "Because of the Disability" under the Americans with Disabilities Act? Reasonable Accommodation, Causation, and the Windfall Doctrine, 27 Berkeley J. Emp. & Lab. L. 323 (2006).

Please see Faculty News Archives for earlier issues.