FACULTY NEWS
University of Cincinnati College of Law
Editors: Paul Caron
& Joe Hodnicki
September 2001

In this issue

Marjorie Aaron
Marjorie conducted an advanced mediation training session in Columbus for EEOC mediators. Her article, The Importance of Early Contact in Mediation, was accepted for publication by Alternatives, a publication of the CPR Institute for Dispute Resolution.

Marianna Brown Bettman
Marianna and Gates T. Richards presented Ohio Supreme Court Year in Review: A Look Back at the Intriguing Cases of the Last Year as part of a Continuing Legal Education Seminar. She moderated a symposium sponsored by the Wise Temple Political Advocacy Committee and the Cincinnati Chapter of Hadassah on Swimming in the Sea of Justice and Politics: A Look at Today's Supreme Court. Marianna delivered radio commentaries on WVXU on the latest school funding decision (DeRolph III), jurors asking questions during trials, and defamation under the state constitution. She formally dedicated the Judge Gilbert Bettman Memorial Fountain and presented it to the city on September 1.

Joseph Biancalana
Joseph's book, The Fee Tail and the Common Recovery in Medieval England, 1176-1502, was published by Cambridge University Press. The book already has been cited in John F Hart, A Less Proportion of Idle Proprietors: Madison, Property Rights, and the Abolition of Fee Tail, 58 Wash. & Lee L. Rev. 167 (2001). Joseph's article, Thirteenth Century Custodia, was published in 22 J. of Legal Hist. 14 (2001).

Paul Caron
Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): four issues of Tax Law & Policy (vol. 2, nos 33-36) (co-edited with Joe Bankman); one issue of International & Comparative Tax (vol. 1, no. 8) (co-edited with Eric Zolt); and one issue of Practitioner Series (vol. 1, no. 8) (co-edited with Joe Bankman). His team (which included 2L Billy Williamson, a scratch golfer and assistant coach of the UC Golf Team) won the annual Trial by Golf alumni golf outing.

Jack Chin
Jack's article, Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950 (with Karthikeyan), was accepted for publication in the Asian Law Journal. His article, Emerging from the Margins of Historical Consciousness: Chinese Immigrants and the History of American Law, 17 Law & Hist. Rev. 325 (1999) (with Cole), was cited in Anthony V. Alfieri, Race Prosecutors, Race Defenders, 89 Geo. L.J. 2227 (2001).

Rafael Gely
Rafael's article, Measuring the Effects of Post-Government Employment Restrictions, was published in 3 Amer. Law & Econ. Rev. 288 (2001) (with Zardkoohi). His article, Spouses Need Not Apply: The Legality of Anti-Nepotism and No-Spouse Rules, (with Chandler, Cheramie & Howard), was accepted for publication in the San Diego Law Review.

Barbara McFarland
Barbara published Premises Liability (Anderson, 2001) (with Glen Weissenberger).

Betsy Malloy
Betsy, together with Marianna Bettman and Jim O'Reilly, participated in a moot court preparation of City of Cincinnati v. Barretta, to be argued before the Ohio Supreme Court in October. The panel grilled the City of Cincinnati's attorney, Paul DeMarco, on the issue of whether the gun manufacturers' distribution system amounted to a public nuisance - qualifying the city for an injunction/abatement and damages.

Bert Lockwood
Bert spoke at a Town Hall Meeting at Xavier University on the impact of globalization upon human rights and hosted the summer meeting of the Board of Directors of Amnesty International USA. He was one of seven experts on human rights and foreign policy invited to a two-day workshop in Beijing by the Chinese Academy of Sciences. Bert was the keynote speaker at St. Thomas University in New Brunswick, Canada at a meeting of human rights academic programs. He spoke on What Would Eleanor Think, reporting on a recent conversation he had with Eleanor Roosevelt about the state of the world.

Bert participated in the World Conference on Racism in Durban, South Africa. He served as Rapporteur for a meeting of the senior human rights bureaucrats from 25 Western governments in Berlin. Bert hosted and spoke to 20 African distinguished visitors on the role of public interest groups in civil society. He spoke at Fountain Square on the situation of the Falun Gong in China.

The August issue of the Human Rights Quarterly was timely published, marking the 77th consecutive issue of his twenty years as Editor-in-Chief having been mailed to subscribers in the month of scheduled publication.

In his role as Series Editor of the Pennsylvania Studies in Human Rights, Bert oversaw the publication of four new books dealing with the human rights situation in Iran; human rights in Chinese foreign relations; economic, social and cultural rights; and the role of human rights nongovernmental organizations.

 

Brad Mank
Brad's article, Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, was accepted for publication in the Georgia Law Review.

Sara Nelson
Sara presented Copyright Basics, and participated in panel discussions on Fair Use and Recent Developments in Copyright Law, as part of a Continuing Legal Education seminar, Basic Copyright Law in Ohio, sponsored by the Cincinnati Bar Association.

Jim O'Reilly
Jim completed his summer project, a consultancy for the EPA on internet defamation liability of government websites, and it will appear for comment in the October 22 Federal Register. He has been invited (along with Vice Dean Sid Shapiro (Kansas)) to meet with the Chief Judge of the U.S. Court of Appeals for Veterans Claims to discuss administrative law teaching and the opportunities for the teaching of veterans law. Jim filed a Federal Circuit amicus brief on the pending Hayre case, dealing with veterans rights and the separation of powers in judicial review by Article I specialized courts. His book, Federal Information Disclosure (3d ed. 2000), was cited in Students Against Genocide v. Department of State, 257 F.3d 828 (D.C. Cir. 2001).

Michael Solimine
Michael's book, 4 Anderson's Ohio Civil Practice (with Stan Harper), was cited by the Ohio Supreme Court in Whaley v. Franklin County Bd. of Comm'rs, 752 N.E.2d 267 (Ohio 2001). His article, 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), was cited in both the 2001 Supplements to Charles Alan Wright & John B. Oakley, Federal Courts (Foundation Press, 2000), and Geoffrey C. Hazard, et al., Pleading and Procedure (Foundation Press, 2000). His article, The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), also was cited in the 2001 Supplement to the latter casebook.

Michael Van Alstine
Michael's article, The Costs of Legal Change, was accepted for publication by the UCLA Law Review. His articles, Dynamic Treaty Interpretation, 146 U. Pa. L. Rev. 687 (1998), and Consensus, Dissensus, and Contractual Obligation Through the Prism of Uniform International Sales Law, 37 Va. J. Int'l L. 1 (1996), were cited in Claire Moore Dickerson, Transnational Codes of Conduct Through Dialogue: Leveling the Playing Field for Developing-Country Workers, 53 Fla. L. Rev. 611 (2001). 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, 50 Fed. Cl. 35 (2001) ("This Court believes that it is impossible to formulate rigid rules as to which provisions of a government contract the implied duty is to apply or as to the scope of the implied duties. Instead, it agrees with Professor Van Alstyne, who wrote: 'As such, the scope of the implied duty must be resolved on a case-by-case basis. The implied duty to cooperate and not to hinder (or the implied duty of good faith and fair dealing) allows a court to monitor how a promise is performed or right exercised so that it is consistent with the ordinary expectations of parties to such a contract, objectively judged.'").

Glen Weissenberger
Glen was selected to receive the inaugural Outstanding Research Award from the Ohio State Bar Foundation. He published Federal Evidence 2002 Courtroom Manual, Ohio Evidence 2002 Courtroom Manual, Federal Civil Procedure 2002 Litigation Manual (with A.J. Stephani), Ohio Civil Procedure 2002 Litigation Manual (with A.J. Stephani), and Federal Criminal Procedure Courtroom Manual (with Kathleen Brinkman).

Verna Williams
Verna was invited to serve on the President's Advisory Council for the Schott Foundation, whose mission is increasing equality in education. She attended the inaugural meeting of the Council on September 5 and 6.


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