Marjorie attended the Winter Meeting of the CPR Institute for Dispute
Resolution in New York at the end of January. She is an academic member
of the Institute.
Marianna's commentary topics on WVXU in December and January were on the
application of the Ohio Public Records Act to stadium cost overrun records
in the possession of private developers; the Ohio Supreme Court decision
sending the school finance case to mediation; the University of Michigan
affirmative action cases, the Ashcroft directive challenging rights of
doctors to prescribe lethal drugs legally to terminally ill patients under
Oregon's Death With Dignity Act; the Ohio Supreme Court decision invalidating
Cincinnati's drug exclusion zone ordinance which attempted to keep people
convicted of certain drug offenses out of the Over-the-Rhine neighborhood;
the Ohio Supreme Court decision on the responsibility of liquor permit
holders toward underage drinkers; and the Ninth Circuit's invalidation,
on eighth amendment grounds, of California's "3 strikes and you're out"
law in the case of a man who received a sentence of 50 years to life for
stealing 9 videotapes worth $154. Marianna has also begun a regular column
on legal issues in the American Israelite called "Legally Speaking"
With Verna Williams, Marianna helped practitioner Scott Knox with his
brief in a case pending in the Ohio Supreme Court on the issue of a name
change requested and denied to a gay couple. Bettman also earlier helped
Mr. Knox prepare the jurisdictional memorandum, successfully requesting
review by the high court.
Kristen attended the AALS Conference in New Orleans, where she was elected
to the Executive Committee of the Section on Law and the Humanities and
appointed to the program committee for the Section on Creditors' and Debtors'
Paul published The Federal Tax Implications of Bush v. Gore, 79
Washington U. L.Q. 749 (2001); The Associate Dean for Faculty Research
Position: Encouraging and Promoting Scholarship, 33 U. Toledo L. Rev.
233 (2001) (symposium) (with Joe Tomain); and More Taxing Cases,
5 Green Bag 2d 205 (2002). He published several issues of his Tax Law
Abstracts e-journals (www.ssrn.com):
three issues of Tax Law & Policy (vol. 3, nos. 1-3) and two issues
of Practitioner Series (vol. 2, nos. 1-2) (both co-edited with Joe Bankman
(Stanford)); and two issues of International & Comparative Tax (vol.
2, nos. 1-2) (co-edited with Eric Zolt Harvard)). Paul's article, The
Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie,
and Beyond, 71 Oregon L. Rev. 781 (1992), was extensively cited in
Andrea W. Cornelison, Dead Man Talking: Are Courts Ready to Listen?
The Erosion of the Plain Meaning Rule, 35 Real Property, Probate &
Trust J. 811 (2001).
Jack attended the AALS Annual Meeting where he participated in several
meetings: The Board of Governors of the Society of American Law Teachers,
the AALS Committee on Recruitment and Retention of Minority Law Teachers,
and the Executive Committees of the Immigration Section and the Minority
Law Teachers' Section. Jack's article Double Jeopardy Violations as
"Plain Error" Under Federal Rule of Criminal Procedure 52(B), 21 Pepperdine
L. Rev. 1161, 1210, 1214-15 (1994), was cited in State v. Allah,
2002 WL 58910 (N.J. 2002). Jack's article Beyond Self-Interest: Asian
Pacific Americans Toward a Community of Justice: A Policy Analysis of
Affirmative Action, 4 UCLA Asian Pac. Am. L. J. 129 (1996), was cited
in Gary A. Hernandez, et al., Insurance Weblining and Unfair Discrimination
in Cyberspace, 54 SMU L. Rev. 1953 n.90 (2001), and in Frank Wu, Yellow:
Race in America Beyond Black and White (Basic Books 2002), which also
cited The Plessy Myth: Justice Harlan and the Chinese Cases, 82
Iowa L. Rev. 151 (1996). He was quoted on Forbes.com
on January 28 on Vinson & Elkins' role in the Enron situation, and
on January 19, 2002 in the Cleveland Plain Dealer on judicial ethics.
Christo's article Eliminating Consent from the Lexicon of Traffic Stop
Interrogations, 27 Capital U. L. Rev. 79 (1998) was cited in Amy Vasquez,
Comment, "Do you have any Drugs, Weapons or Dead Bodies in the Car?"
What Questions can a Police Officer Ask during a Traffic Stop?, 76
Tulane L. Rev. 211, nn.8, 52 & 115 (2001). Christo also attended the
AALS Annual Meeting in New Orleans.
Peter's article Are Dead Hand (And no Hand) Poison Pills Really Dead,
68 U. Cincinnati L. Rev. 1101 (2000), was discussed in Robert B. Thompson
& D. Gordon Smith, Toward a New Theory of the Shareholder Role:
"Sacred Space" in Corporate Takeovers, 80 Texas L. Rev. 261, 318 &
n. 266 (2001).
Brad's article Using Section 1983 to enforce Title VI's Section 603
Regulations, 49 Kansas L. Rev. 321 (2001), was cited in Denise C.
Morgan, The New School Finance Litigation, 96 Northwestern L. Rev.
99, 171 n.333 (2001).
Donna attended the AALS Annual Meeting where spoke on a panel entitled
"Socio-Economics and Securities Regulation." Donna has been designated
a Visiting Scholar at the University of Canterbury School of Law in Christchurch,
Jim prepared for a Feb. 1 panel of the ABA Government Information &
Privacy Committee which he chairs. The committee expects 100+ attendees
at the Philadelphia ABA Midyear Meeting to hear the panel, featuring leading
government and disclosure advocates debating "Secrecy, Vulnerability or
Compromise: How Will Terrorism Affect U.S. Information Disclosure Policy
& Practice?" Terrorism also is on his agenda for April when he will
be one of the principal speakers in Washington at the ABA Standing Committee
on Environmental Law, addressing pre-planning and legal issues for defending
against terror attacks that would affect infrastructure. He is reviewing
the galley proofs of his new textbook, and is working with Administrative
Law Review's editors on finishing touches of his next article, The
411 on 515: How OIRA's Expanded Information Roles in 2002 Will Impact
on Rulemaking and Agency Publicity Actions.
Wendy's article The Future of School Desegregation, 94 Northwestern
L. Rev. 1157 (2000) was cited in What Brown v. Board of Education Should
Have Said (edited by Jack M. Balkin, NYU Press, 2001), and in Barclay
Thomas Johnson, Credit Crisis to Education Emergency: The Constitutionality
of Model Student Voucher Programs under the Indiana Constitution,
35 Indiana L. Rev. 173, n.3 (2001).
Michael was cited extensively in several major law review articles. His
articles Revitalizing Interlocutory Appeals in the Federal Courts,
58 George Washington L. Rev. 1165(1990), and Deciding to Decide: Class
Action Certification and Interlocutory Review by the United States Courts
of Appeals Under Rule 23(f), 41 William and Mary L. Rev. 1531 (2000)(with
Hines), were extensively discussed in Timothy P. Glynn, Discontent
and Indiscretion: Discretionary Review of Interlocutory Orders, 77
Notre Dame L. Rev. 175 (2001); the George Washington article, Ideology
and En Banc Review, 67 North Carolina L. Rev. 29 (1988), and Rethinking
Exclusive Federal Jurisdiction, 52 University of Pittsburgh L. Rev.
383 (1991), were cited in Charles Alan Wright & Mary Kay Kane, Law
of Federal Courts (West Group 6th ed. 2002).
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 D.H.
Kaye, The Dynamics of Daubert: Methodology, Conclusions and fit in
Statistical and Econometric Studies, 87 Virginia L. Rev. 1933 n. 141
Verna attended the AALS Annual Meeting in New Orleans.
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