Marianna spent most of August preparing for the dedication of the Judge
Gilbert Bettman Memorial Fountain which will be given to the City of Cincinnati
September 1 by the family and friends of Judge Bettman. Judge Bettman
served as a judge for over 30 years and was widely known for his individualism,
moral courage, and compassion.
Dorothy began her stint as a Visiting Professor of Law at the Washington
& Lee University School of Law for the Fall Semester.
Paul completed his stint as a Visiting Professor of Law at the University
of San Diego School of Law, and returned to Cincinnati, where he taught
a section of the Introduction to Law course for incoming 1L students.
He published several issues of his Tax Law Abstracts e-journals
(www.ssrn.com): five issues of Tax Law & Policy (vol. 2, nos
28-32) (co-edited with Joe Bankman); one issue of International &
Comparative Tax (vol. 1, no. 7) (co-edited with Eric Zolt); and one
issue of Practitioner Series (vol. 1, no. 7) (co-edited with Joe
Bankman). His article, Tax Myopia, or Mamas Don't Let Your Babies Grow
Up To Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), was cited in Edward
A. Hartnett, Questioning Certiorari: Some Reflections Seventy-Five
Years After the Judges' Bill, 100 Colum. L. Rev. 1643 (2000), and
in Steven A. Bank, Codifying Judicial Doctrines: No Cure for Rules
but More Rules?, 54 SMU L. Rev. 37 (2001).
Jack completed his article, Preserving Racial Identity: Population
Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans,
1910-1950 (with Karthikeyan), which is circulating among various law
reviews. Jack's article, Segregation's Last Stronghold: Race Discrimination
and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998),
was cited in Randall Kennedy, Racial Passing, 62 Ohio St. L.J.
Tom's article, Wittgenstein's Instructive Narratives: Leaving the Lessons
Latent, 40 J. Legal Educ. 77 (1990), was cited in George P. Smith,
A Tribute to Harry Pratter, 76 Ind. L.J. 937 (2001). His book chapter,
"Our Real Need": Not Explanation, But Education, in Wittgenstein
and Legal Theory 29 (Dennis M. Patterson ed., 1992), was cited in
Darla L. Daniel, Of Deckchairs, Icebergs, and Gestalt Shifts: Unger,
Kahn, and a Student on Contemporary Legal Thought, 72 U. Colo. L.
Rev. 851 (2001). His article, The Poverty of Socratic Questioning:
Asking and Answering in the Meno, 63 U. Cin. L. Rev. 221 (1994), was
cited in Peter M. Cicchino, Love and the Socratic Method, 50 Am.
U. L. Rev. 533 (2001).
Rafael completed his article, Spouses Need Not Apply: The Legality
of Anti-Nepotism and No-Spouse Rules, which is circulating among various
law reviews. He presented A New Regulatory Framework for Labor Law
in the College of Law's Summer Scholarship Series. Rafael's article, "Let's
Call It a Draw": Striker Replacements and the Mackay Doctrine, 58
Ohio St. L.J. 1003 (1997), was cited in Michael H. Leroy & John H.
Johnson IV, Death By Lethal Injunction: National Emergency Strikes
Under the Taft-Hartley Act and the Moribund Right to Strike, 43 Ariz.
L. Rev. 63 (2001). His article, Congressional Control or Judicial Independence:
The Determinants of U.S. Supreme Court Labor-Relation Decisions, 23
Rand J. Econ. 463 (1992), was cited in Lee Epstein et al., The Supreme
Court as a Strategic National Policymaker, 50 Emory L.J. 583 (2001).
Peter began his stint as a Visiting Professor of Law at the University
of Connecticut School of Law for the Fall Semester. His article, The
Scope of Section 12(2) of the Securities Act of 1933: A Legal and Economic
Analysis, 45 Emory L.J. 95 (1996), was cited in Eric Talley, Disclosure
Norms, 149 U. Pa. L. Rev. 1955 (2001). His article, The Future
of Legal Education: Some Reflections on Law School Specialty Tracks,
50 Case W. Res. L. Rev. 457 (1999), was cited in Benjamin Hoorn Barton,
Why Do We Regulate Lawyers?: An Economic Analysis of the Justifications
for Entry and Conduct Regulation, 33 Ariz. St. L.J. 429 (2001).
Bert served as an official observer at the United Nations Conference on
Racism in South Africa (along with Joe Tomain and U.S. Circuit Judge Nathanial
Betsy served as faculty chair of the Orientation Committee, gave a welcoming
speech to the incoming 1L class, and taught a section of the Introduction
to Law course. She has agreed to serve on an advisory board with members
of Xavier's nursing program to develop a new degree (tentatively called
"Legal Nursing") providing legal training to nurses in the areas of patient
rights, nursing home duties, hospital duties, and the legal responsibilities
of Medicare/Medicaid and other health payors to nurses. Betsy also has
agreed to serve on the Advisory Committee for Children's Hospital Maternal-Child
Health Initiative, a collaborative effort of Children's Hospital, the
Medical School, the Nursing School, and professors from a variety of disciplines
to develop programming for children with developmental disabilities.
Brad completed his article, Protecting Intrastate Threatened Species:
Does the Endangered Species Act Encroach on Traditional State Authority
and Exceed the Outer Limits of the Commerce Clause?, which is circulating
among various law reviews. He taught a section of the Introduction to
Law course for incoming 1L students. Brad's article, Protecting the
Environment For Future Generations: A Proposal for a "Republican" Superagency,
5 N.Y.U. Envtl. L.J. 444 (1996), was cited in Elizabeth B. Cooper, Social
Risk and the Transformation of Public Health Law: Lessons from the Plague
Years, 86 Iowa L. Rev. 869 (2001). His article, Textualism's Selective
Canons of Statutory Construction: Reinvigorating Individual Liberties,
Legislative Authority, and Deference to Executive Agencies, 86 Ky.
L.J. 527 (1998), was cited in Adam A. Milani, Go Ahead. Make My 90
Days: Should Plaintiffs Be Required to Provide Notice to Defendants Before
Filing Suit Under Title III of the Americans with Disabilities Act?,
2001 Wis. L. Rev. 107.
Donna's article, Judicial Reliance on Regulatory Interpretations in
SEC No-Action Letters: Current Problems and a Proposed Framework,
83 Cornell L. Rev. 921 (1998), was cited in Thomas W. Joo, The Modern
Corporation and Campaign Finance: Incorporating Corporate Governance Analysis
Into First Amendment Jurisprudence, 79 Wash. U. L.Q. 1 (2001).
Sara's article, Practical Impact of Supreme Court Ruling on Author/Publisher
Digital Use Concerns, was published in 17 Ent. L. & Fin. 1 (July
Jim's paper on US-EU policies on food safety prepared for University College,
Cork Ireland, has been accepted for publication in The Bar Review of
Dublin. He received a book contract for a new book on police discipline,
which will be finished in November. Jim will be filing an amicus brief
in the Federal Circuit on separation of powers issues for the Paralyzed
Veterans of America.
Wendy's article, The Future of School Desegregation, 94 Nw. U.
L. Rev. 1157 (2000), was cited in Neal Devins, Social Meaning and School
Vouchers, 42 Wm. & Mary L. Rev. 919 (2001) ("Wendy Parker convincingly
demonstrates that most 'school desegregation litigation continues, with
no hint of impending termination.'"). Her article, The Supreme Court
and Public Law Remedies: A Tale of Two Kansas Cities, 50 Hastings
L.J. 475 (1999), was cited in James E. Ryan, The Supreme Court and
Public Schools, 86 Va. L. Rev. 1335 (2000).
Michael's book, Respecting State Courts: The Inevitability of Judicial
Federalism (Greenwood Press, 1999) (with Walker), was favorably reviewed
by Sarah R. Sandberg in 33 Urb. Law. 215 (2001). He may have set a record,
as *four* of his articles were cited in Erin A. O'Hara & Larry E.
Ribstein, From Politics to Efficiency in Choice of Law, 67 U. Chi.
L. Rev. 1151 (2000). His articles also were cited in the following books
and journals: Judicial Influence: A Citation Analysis of Federal Courts
of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with Landes &
Lessig), in Richard A. Posner, Frontiers of Legal Theory (Harvard
Univ. Press 2001), Mita Bhattacharya & Russell Smyth, The Determinants
of Judicial Prestige and Influence: Some Empirical Evidence from the High
Court of Australia, 30 J. Legal Stud. 223 (2001), and Tracey E. George,
Court Fixing, 43 Ariz. L. Rev. 9 (2001); 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 Hines), in Graham C. Lilly, The Decline of the American
Jury, 72 U. Colo. L. Rev. 53 (2001), Jill Fisch, Aggregation, Auctions,
and Other Developments in the Selection of Lead Counsel Under the PSLRA,
64 Law & Contemp. Prob. 53 (2001), and the 2001 Annual Supplement
to Hart & Wechsler's The Federal Courts and the Federal System
(Foundation Press, 4th ed. 1996); Rethinking Feminist Judging,
70 Ind. L.J. 891 (1995) (with Wheatley), in Tracey E. George, Court
Fixing, 43 Ariz. L. Rev. 9 (2001); Revitalizing Interlocutory Appeals
in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Craig
Allen Nard, Process Considerations in the Age of Markman and Mantras,
2001 U. Ill. L. Rev. 355; Competitive Federalism and Interstate Recognition
of Marriage, 32 Creighton L. Rev. 83 (1998), in F. H. Buckley &
Larry E. Ribstein, Calling a Truce in the Marriage Wars, 2001 U.
Ill. L. Rev. 561; and The Quiet Revolution in Personal Jurisdiction,
73 Tulane L. Rev. 1 (1998), in Michael J. Edney, Comment, Preclusive
Abstention: Issue Preclusion and Jurisdictional Dismissals After Ruhrgas,
68 U. Chi. L. Rev. 193 (2001).
influence extended to the courts as well, as his article, The Next
Word: Congressional Response to Supreme Court Statutory Decisions,
65 Temple L. Rev. 425 (1992) (with Walker), was cited in United States
v. Enas, 255 F.2d 662 (9th Cir. 2001) (en banc). He also reviewed
a submission to the Election Law Journal, a new peer-reviewed publication,
at the invitation of the editors.
Suja presented The Reduction of Jury Verdicts in the College of
Law's Summer Scholarship Series.
Michael began his stint as a Visiting Professor of Law at the University
of Maryland School of Law for the 2001-2002 academic year. In related
news, an August 24 story in the New York Times reports a 56% increase
in the entering first year class at Maryland. Michael's article, Of
Textualism, Party Autonomy, and Good Faith, 40 Wm. & Mary L. Rev.
1223 (1999), was quoted in Precision Pine & Timber, Inc., v. United
States, 2001 WL 862680 (Fed.Cl. July 30, 2001).
Glen published the 2002 editions of Evidence Courtroom Manuals
for Kentucky (with Richard Underwood), New Jersey, New York, and Tennessee
(with Susan Kaye). He and Barbara McFarland recently published the third
edition of The Law of Premises Liability (the prior editions of
which were authored by Joseph Page). Glen's article, The Supreme Court
and the Interpretation of the Federal Rules of Evidence, 53 Ohio St.
L.J. 1307 (1992), was cited in Stephen A. Saltzburg, et al., Keeping
the Reformist Spirit Alive in Evidence Law, 149 U. Pa. L. Rev. 1277
(2001). His article, Hearsay: Business Records and Public Records,
51 U. Cin. L. Rev. 42 (1982), was cited in Michael D. Moberly, The
Admissibility of EEOC and Arizona Civil Rights Division Determinations
in State Court Employment Discrimination Litigation, 33 Ariz. St.
L.J. 265 (2001). Glen's treatise, Federal Rules of Evidence (Anderson,
1998-99 ed.), was quoted in Chao v. Moore, 2001 WL 743204 (D.Md.
June 15, 2001).
Verna's work on behalf of the National Women's Law Center was cited in
two symposium contributions in Sexual Harassment in Public Schools,
12 Hastings Women's L.J. 123 (2001).
Ingrid presented Executive Agreements Resolving Holocaust Litigation
in the College of Law's Summer Scholarship Series.
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