FACULTY NEWS
University of Cincinnati College of Law
Editors: Jack Chin
& Joe Hodnicki
January 2002

In this issue

Marjorie Aaron
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 Brown Bettman
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.

Kristin Kalsem
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' Rights.

Paul Caron
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 Chin
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 Lassiter
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 Letsou
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 Mank
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 Nagy
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, New Zealand.

Jim O'Reilly
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 Parker
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 Solimine
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 Weissenberger
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 (2001).

Verna Williams
Verna attended the AALS Annual Meeting in New Orleans.

 

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