2015 William Howard Taft Lecture on Constitutional Law
Professor Heather Gerken
J. Skelly Wright Professor of Law
Yale Law School
Date: Wednesday, October 7, 2015
Time: 12:15 pm - 1:15 pm
Location: University of Cincinnati College of Law - Room 114
This event will be webcast.
Living Under Someone Else's Law
Federalism is commonly thought to be single field of study, but in fact it is two; it encompasses not just relations between the states and the federal government, but relations among the states. The two fields have developed quite differently, however. Professor Gerken will explore the differences between these two fields and suggest that they are both preoccupied with the same problem: what happens when we are forced to live under someone else’s law? While the costs of living under someone else’s law are well known in both fields, we’ve overlooked the substantial democratic benefits associated with clashing sovereigns. Professor Gerken will argue that democracy isn’t just about self-rule, but about ruling together. In in our highly polarized democracy, living under someone else’s law should be understood as an important means of promoting pluralism and fostering a well-functioning democracy
About the Speaker
Heather Gerken is the J. Skelly Wright Professor of Law at Yale Law School. Professor Gerken specializes in election law and constitutional law. She has published in the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, Michigan Law Review, Columbia Law Review, Political Theory, Political Science Quarterly, Roll Call, Legal Affairs, Legal Times, The New Republic, Democracy Journal, and elsewhere. She has served as a commentator for a number of media outlets, including The New York Times, The New Yorker, the L.A. Times, the Chicago Tribune, the Boston Globe, NPR, the Lehrer News Hour, Bill Moyers, CNN, MSNBC, and NBC News. Her most recent scholarship explores questions of election reform, federalism, diversity, and dissent. Her work has been featured in The Atlantic’s “Ideas of the Year” section, the Ideas Section of the Boston Globe, and NPR’s On the Media. It has also been the subject of three academic symposia.
Professor Gerken clerked for Judge Stephen Reinhardt of the 9th Circuit and Justice David Souter of the United States Supreme Court. After practicing for several years, she joined the Harvard faculty in September 2000 and was awarded tenure in 2005. In 2006, she joined the Yale faculty.
Professor Gerken has won teaching awards at both Yale and Harvard, been named one of the nation’s “twenty-six best law teachers” by a book published by the Harvard University Press, was featured in the National Law Journal for balancing teaching and research, won a Green Bag award for legal writing, testified three times before Senate Committee on Rules and Administration, and serves as a trustee for Princeton University. Professor Gerken served as a senior legal adviser in the “Boiler Room” for the Obama for America campaign in 2008 and 2012. Her proposal for creating a “Democracy Index” was incorporated into separate bills by then-Senator Hillary Clinton, then-Senator Barack Obama, and Congressman Israel and turned into reality by the Pew Charitable Trusts, which created the nation’s first Election Performance Index in 2013.
Professor Houh Publishes Article on Contract Law
Emily Houh, Gustavus Henry Wald Professor of the Law and Contracts, has published Sketches of a Redemptive Theory of Contract Law, now in print at 66 Hastings Law Journal 951 (2015). Learn more about Professor Houh.
UC Law Hosts 50 Students for Law Leadership Program
Cincinnati Law hosts over fifty (50) high school students, ninth through twelfth grade, for the annual Law & Leadership Institute (LLI) summer session. LLI is a state-wide initiative in collaboration with the legal community that inspires and prepares high school students, primarily from urban public school districts, for post-secondary and professional success through a comprehensive four-year academic program in law, leadership, analytical thinking, problem solving, writing skills and professionalism. Students represent several area high schools - including Walnut Hills, Mason, Mother of Mercy, School for the Creative and Performing Arts, Western Hills, Dater, Cincinnati College Prep Academy, Withrow, Norwood, Clark Montessori, Winton Woods, and Princeton – and engage in a robust curriculum and ACT prep, and also participate in internships, mock trial and field trips for four to five weeks during the summer.
ECDC Director Receives Courier’s 2015 Second Act Award
Lew Goldfarb, director of the Entrepreneurship and Community Development Clinic, has been named a winner of the Cincinnati Business Courier’s 2015 Second Act Award. The award recognizes local professionals who have forged new paths after achieving success in their first careers. The award will be presented on September 22.
Goldfarb, once an entrepreneur himself, is both a business lawyer and a CPA. Before law school he worked as an accountant at Arthur Andersen LLP and Cardinal Foods, Inc. After graduating from law school, he went on to practice law at Baker & Hostetler. Goldfarb transitioned to Honda of America Mfg., Inc., where he was in-house counsel, responsible for the day-to-day administration of Honda’s Legal Department and for legal counsel provided to Honda’s entities throughout the U.S.
He left Honda to operate In-Home Tutoring Services, providing in-home education services to customers throughout Central Ohio. He later began a career as a law professor, teaching in the small business clinic at Lewis & Clark Law School and Wayne State University College of Law. Goldfarb joined the College in 2010 to design, develop, direct and teach the school’ first small business clinic. During his tenure he has forged partnerships with numerous small business incubators, including the Hamilton County Business Center/First Batch, the Brandery, and MORTAR.
Read more about the award and the winners: 2015 Second Act Awards
Caitlin Wells: My Experiences as an OIP Fellow
A few months ago, my Dad asked that I put together a few paragraphs about my experience as an Ohio Innocence Project for the Dayton Federal Bar Association’s newsletter. I didn’t want to. With work, school, and the hundred other things fighting for my attention, it felt like exactly the kind of task that I could let fall to the wayside.
After weeks of my dodging his requests, my Father called me up to check on the status of the article that I hadn’t started. “I’m busy,” I told him. “Make time,” he said. “You’re doing something exciting. Let other people be excited about it too.”
Not able to argue with the man who still pays a portion of my tuition, I sat down to throw together something about my first 9 to whenever the work got done legal job.
I thought about what I would put on a resume, but I couldn’t figure out how to reduce a whirlwind of a summer internship into a few bullet points.
Fellow with the Ohio Innocence Project: Responsibilities include:
- Tracking down witnesses to talk about cases they haven’t thought about since before I was old enough to drive.
- Begging underpaid public employees to “please just fish the dusty police reports from the bottom of unlabeled boxes and forward them to us.”
- Talking to an inmate’s crying mother.
- Talking to a crying inmate.
- Crying myself when I opened my first folder of crime scene photos
- Battling injustice.
- More research.
- Washing office dishes.
- Brief writing.
- Typo searching.
- Forsaking my long running opposition to anything resembling my tenth grade biology class to learn EXACTLY how mitochondrial DNA could free an innocent person.
I used the control A function to delete my draft and started over, this time trying to think about what I would tell if I had to turn my experience into one of those thirty second networking elevator speeches. “My name is Catlin, and I...” I couldn’t finish that one either.
Last week, I watched Ricky Jackson, a man who spent thirty nine years in prison for a crime that he did not commit, walk out of the jail doors and into life as a free man. Surrounded by a sea of microphones and questions, Ricky shrugged off questions about systematic injustice and the twelve year old whose testimony led to his incarceration. “I’m just glad to be out. I’m glad to be free.” At lunch a few hours later, Dean Gillispie, a Dayton exoneree, looked at Ricky and asked him if he’d used the bathroom yet. “Those sinks,” Dean said, “they just turn on by themselves.” When Ricky laughed, Dean gestured towards a line of exonerees and said, “It’s hard to get used to, but we’ll take care of you. You’re our brother now, you’re one of us. ”
Nothing follows the “I” of my elevator speech because what I am doing is not about me. My job is not about accumulating credentials, but about a man who, after almost four decades in jail had the compassion to forgive the kid who put him there. It’s about Dean, his line of brothers, and the other innocent men and women who still sit behind bars waiting until they too can throw their hands up and say, “I’m free.
*This article was first published in the Dayton Federal Bar Association Newsletter, Winter edition.
2015 Harris Distinguished Practitioner Lecture featuring Rachael Rowe
Date: September 16, 2015
Time: 12:15 - 1:15 p.m.
Location: College of Law, Room 118
Rachael Rowe is the Executive Partner at KMK. She is a member of the firm’s Litigation Group and served as its Co-Leader from 2010 until April 2012, when she was named Executive Partner. Rachael litigates complex commercial cases and employment class actions and also spends significant time working with clients in the mass tort settlement trust space. As a young partner at KMK, Rachael spent two years working on site for one of the firm’s largest clients that was, at the time, the target of a nationwide labor campaign. In that role, Rachael was responsible for coordinating all work handled by the client’s outside law firms and for managing litigation-related media attention, cost containment, insurance coverage and operational sustainability issues. As Executive Partner, Rachael shares the day-to-day management responsibilities with the firm’s Managing Partner and Executive Director, and works with the firm’s Board of Directors to ensure that the firm is meeting and exceeding the goals set in the firm’s strategic plan. Rachael is AV Preeminent Peer Review Rated by Martindale-Hubbell and is recognized by Best Lawyers and as an Ohio Super Lawyer. Rachael serves on the Board of ProBono Partnership of Cincinnati, serves as a Volunteer Juvenile Court Magistrate for Hamilton County, and is a member of the University of Cincinnati College of Law Board of Visitors.
UC Law Partners with urban business accelerator MORTAR
Entrepreneurship and Community Development Clinic at the College of Law cultivates new partnership while providing students real-world client counseling experience.
Cincinnati, OH—The Entrepreneurship and Community Development Clinic (ECDC) at the University of Cincinnati College of Law has launched a new partnership with MORTAR, providing legal services to startup business owners while providing law students with opportunities to use and enhance their lawyering skills.
“We’re excited to announce that the ECDC has now partnered with MORTAR, one of Cincinnati’s newest business accelerators,” said Lew Goldfarb, Director of the ECDC at the University of Cincinnati College of Law. “Partnerships like these are great for the community. Entrepreneurs and small businesses benefit from critical legal services they may not otherwise be able to afford and students develop their legal skills.”
MORTAR, based in Over-the-Rhine, targets non-traditional entrepreneurs from underserved urban communities and offers them the opportunity to build or expand a business through a nine-week entrepreneurship course. MORTAR graduated its first class of 15 entrepreneurs this April. This summer, students from UC will work under the supervision of Goldfarb and local practicing attorneys, providing legal services for MORTAR graduates.
"For many small business owners, being able to afford appropriate legal counsel is a dream - but thanks to UC law we are able to connect MORTAR program participants to the valuable resources and knowledge they need to guide them in the right direction,” said MORTAR co-founder, Allen Woods. “This partnership is an essential component in our mission to remove barriers to entry for nontraditional entrepreneurs, increasing their chances for success."
Mortar and the ECDC hope to expand the partnership beyond the summer months, offering year-round legal assistance to future students and graduates of Mortar. Dana Higgins, recent MORTAR graduate and owner of vegan/Jamaican soul food catering start up, JameriSol, has already begun leveraging the partnership.
“As a new business is forming it is important to have legal representation so that once your business is up and running you have operating agreements, intellectual property protection, and a separation of personal and business assets,” said Higgins. “Having input from soon-to-be lawyers is a priceless opportunity that benefits them and us.”
Since 2010, the Entrepreneurship and Community Development Clinic (ECDC) has provided valuable "hands-on" training to 108 law students, representing 153 local businesses on nearly 700 legal matters - providing nearly $1 million of free legal assistance for the benefit of the local economy.
"In addition to gaining some valuable practical experience, it's important for our students to gain an appreciation for pro bono service,” said Goldfarb. Undoubtedly, their experience working with MORTAR and some of its companies will help accomplish that."
UC law students participating in the Mortar Summer Fellowship in Entrepreneurship work collaboratively at the College of Law as well as one-on-one with clients at MORTAR’s Vine Street office in Over-the-Rhine. Law student John Sarra recognizes the impact his work, and that of MORTAR, can have on this rapidly changing neighborhood.
“While the expanding entrepreneurship spirit in the Over-The-Rhine neighborhood and elsewhere is great for the city, not everyone has been able to reap the benefits. This program will assist individuals who otherwise might not have the means to turn their ideas into successful businesses,” said Sarra.
For UC law students, the opportunity to leverage their legal skills to help an individual achieve their goal of starting a business can be a personally rewarding experience as well.
"My mother opened her own business when I was ten years old,” said Cindy Moore. “I saw firsthand the struggles of an entrepreneur - now I get the chance to help make the journey for other entrepreneurs a little less difficult.”
Goldfarb, who taught MORTAR’s first legal class this February with two of his students and volunteers on the nonprofit’s Board of Advisors, acknowledges the partnership as an important part of Cincinnati’s start up eco-system.
“Cincinnati is quickly becoming an entrepreneurial hotbed,” said Goldfarb. “The more partnerships we can form to provide resources for entrepreneurs and startups, the better and more vibrant our city will be. That’s good for Cincinnati, and good for our students and graduates.”
About the Entrepreneurship and Community Development Clinic at the College of Law
The Entrepreneurship and Community Development Clinic partners local law students with small business owners and aspiring entrepreneurs, representing them on transactional legal issues critical to their success. Client services include assistance and counseling on entity selection and formation, regulatory compliance and licensing, advice on trademark and copyright protection, and lease and contract review, negotiation, and preparation. Through its work, the ECDC hopes to give students a tremendous learning experience and to contribute to the economic development and revitalization of Cincinnati and surrounding communities.
2016 Judge in Residence Program featuring Hon. Jed S. Rakoff
Jed S. Rakoff has served since March, 1996 as a United States District Judge for the Southern District of New York. Judge Rakoff also holds the position of Adjunct Professor at Columbia Law School, where he teaches courses in white collar crime, science and the law, class actions, and the interplay of civil and criminal law. He has co-authored five books, written over 130 published articles, delivered over 520 speeches, and authored over 1500 judicial opinions.
Judge Rakoff holds a B.A. degree from Swarthmore College (1964), an M.Phil. degree from Oxford University (Balliol, 1966), and a J.D. degree from Harvard Law School (1969). Following law school, he spent a year clerking for the late Hon. Abraham L. Freedman, US Court of Appeals, Third Circuit, and two years as an associate at the Debevoise law firm. From 1973-80, he served as an Assistant United States Attorney Office in the Southern District of New York , the last two years of which he was Chief of Business & Securities Fraud Prosecutions. Thereafter, before going on the bench, he was a partner at two large law firms in New York, specializing in white collar criminal defense and civil RICO
Judge Rakoff serves on the National Commission on Forensic Science and is co-chair of the National Academy of Science’s Committee on Eyewitness Identification. In addition to his current service on the New York City Bar Association’s Executive Committee, he previously served as chair of the Association’s Honors and Criminal Law Committees, as Chair of the Second Circuit’s Bankruptcy Committee, and as Chair of the Southern District of New York’s Grievance Committee and Criminal Justice Advisory Board. He has also served on Swarthmore College’s Board of Managers, on the Governance Board of the MacArthur Foundation’s Project on Law and Neuroscience, and on the Committee on the Development of the Third Edition of the Manual on Scientific Evidence. He serves the U.S. Departments of Commerce and State in training programs of Iraqi judges in Baghdad and in Istanbul. He is a Member of the American Academy of Arts and Sciences and of the American Law Institute, and is a Judicial Fellow for the American College of Trial Lawyers and the American Board of Criminal Lawyers. He was a Director of the New York Council of Defense Lawyers from 1990-1994.
Judge Rakoff is married to Dr. Ann Rakoff (the Executive Director of the Fordham Law School Corporate Center); they have three daughters and one grandchild. Judge Rakoff has officiated at over 60 weddings. He is the author of numerous lyrics and humorous poems, some of which have been published. His and his wife’s hobby is ballroom dancing.
Human Rights Quarterly Receives High Rankings by Google for 2nd year
For the second year in a row, the Human Rights Quarterly has been ranked as the number two most-cited international law journal by Google. The Quarterly is recognized as a leading academic journal in the human rights field.
The Human Rights Quarterly, which is over 30 years old, is a multidisciplinary journal covering the range of human rights matters encompassed by the Universal Declaration of Human Rights. Typical articles cover many of the legal aspects of human rights issues, as well as the “non law” aspects. In its more than three decades and over a thousand articles and book reviews, the Quarterly is highly regarded in the human rights field. Its audiences and authors are represented on every part of the globe.
The Human Rights Quarterly is published by The Johns Hopkins University Press, the oldest university press in the country.
Prof. Vazquez’s Article Listed Named a Top Ten Download on SSRN
“Constructing Crimmigration: Latino Subordination in a ‘Post-Racial’ World,” the new article by Professor Yolanda Vazquez, has made the top ten list on SSRN (Social Science Research Network). The article was listed in the following networks and categories:
- PSN (Political Science Network): Politics in Ethnicity (Topic)
- LSN (Legal Scholarship Network): Legal Ethics (Topic) & Criminology eJournal
- AARN (Anthropology & Archaeology Research Network): Migration (Topic), Race & Ethnicity (Topic), North America (Topic), and Race, Ethnicity & Indigenous People (Topic)
The article discusses how immigration law marginalizes Latinos. Read the article abstract: Constructing Crimmigration
It also appeared in the following: