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

In this issue

Marianna Bettman
Marianna helped two Legal Aid lawyers prepare for oral argument in an appeal involving tenants' rights in public housing. (They were successful in the appeal). She also joined with Verna Williams and several lawyers from the community in helping local practitioner Sally Frye prepare for argument before the Ohio Supreme Court in a gay-rights case that received widespread coverage in the media. The case involves the attempt by the non-birth mother in a long-term committed lesbian relationship to be adjudicated a parent to the children the two women are raising together. Verna Williams took a number of her students to Columbus to hear this argument, and Marianna arranged with Justice Alice Robie Resnick for the students to visit with her in her chambers. Marianna had the singular honor to be the guest of Justice Resnick at a very small dinner party in Columbus for Justice Ruth Bader Ginsburg, who spoke at the Bench/Bar Conference in Columbus.

Dorothy Brown
Dorothy’s article, The Marriage Bonus/Penalty in Black and White, 65 U. Cincinnati L. Rev. 787-798 (1997), was cited in Kenneth W. Weber, Washington Practice Series: Family and Community Property Law.

Paul Caron
Paul accepted a position as Visiting Professor of Law at the University of San Diego School of Law this summer, where he will teach Federal Income Tax. He published several issues of his Tax Law Abstracts e-journals at www.ssrn.com, four issues of Tax Law & Policy (vol. 3, nos. 8-11) and Practitioner Series (vol. 2, nos. 7-10) (both co-edited with Joseph Bankman (Stanford)); and one issue of International & Comparative Tax (vol. 2, no. 4) (co-edited with Eric M. Zolt (Harvard)).

Jack Chin
Jack accepted a position as Visiting Professor of Law at the University of Arizona, Rogers College of Law, where he will teach a mini-course on the right to counsel in January, 2003. He spoke with Jerry Thomas and Craig Kopp on 55KRC on the subject of reparations for slavery, and was quoted in the Cincinnati Post on the death penalty in Ohio. He attended a meeting of the ABA Criminal Justice Section Standards Committee in San Francisco, and published Regulating Race: Asian Exclusion and the Administrative State, 37 Harvard Civil Rights-Civil Liberties L. Rev. 1 (2002), and Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 Cornell L. Rev. 697 (2002) (with Rick Holmes ’00). Jack’s articles The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. 151 (1996), Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), and Is There a Plenary Power Doctrine? A Tentative Apology and Prediction of Our Strange but Unexceptional Constitutional Immigration Law, 14 Georgetown Immigr. L.J. 257 (2000), were cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure, §§ 18.8, 18.11, 22.3. Jack’s co-authored article, The "Blue Wall of Silence" As Evidence of Bias and Motive to Lie: A New Approach To Police Perjury, 59 U. Pittsburgh L. Rev. 233-299 (1998), was cited in Karl B. Tegland, Washington Practice: Evidence Law and Practice.

Rafael Gely
Rafael’s co-authored article, Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, 20 Berkeley J. Emp. & Lab. L. 138 (1999), was cited in Ronald D. Rotunda & John E. Nowak Treatise on Constitutional Law-Substance & Procedure § 18.1. His co-authored article, Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relation Decisions, 1949-1988, 23 RAND J. Econ. 463 (1992), was cited by the new dean of NYU, Richard L. Revesz, in A Defense of Empirical Legal Scholarship, 69 U. Chicago L. Rev. 169 n.84 (2002), and by Lee Epstein & Gary King, in The Rules of Inference, 69 U. Chicago L. Rev. 1, n.161 & 201 (2002).

Christo Lassiter
Christo’s article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Capital L. Rev. 97 (1998), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure, § 17.9, n.11. His article TV or Not TV--That is the Question, 86 J. Crim. L. & Criminology 928 (1996), was cited in Kevin F. O'Malley et al., Federal Jury Practice and Instructions, Fifth Edition, § 2.05.

Peter Letsou
Peter’s 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 Thomas Lee Hazen, Law of Securities Regulation, § 7.6. His article The Political Economy of Consumer Credit Regulation, 44 Emory L.J. 587 (1995), was cited in Robert M. Hardaway, West's Colorado Practice Series: Methods Of Practice, § 40.1.

Brad Mank
Brad published Proving an Environmental Justice Case: Determining an Appropriate Comparison Population, 20 Virginia Envtl. L.J. 365 (2001). He gave a presentation on "After Sandoval: the South Camden Case" at the Tulane Environmental Law Conference. Brad’s article Is There a Private Cause of Action Under EPA's Title VI Regulations?: The Need to Empower Environmental Justice Plaintiffs, 24 Columbia J. Envtl. L. 6 (1999), was cited numerous times in Linda A. Malone, Environmental Regulation of Land Use, §§ 9:18 ­ 9:23. His article The Two-Headed Dragon of Siting and Cleaning Up Hazardous Waste Dumps: Can Economic Incentives or Mediation Slay the Monster?, 19 Boston College Envtl. Aff. L. Rev. 239 (1991), was cited in John H. Matheson & Brent A. Olson, Minnesota Practice Series: Business Law Deskbook, § 24.1.01

 

Donna Nagy
Donna conducted a faculty seminar at the University of Canterbury School of Law on the topic of "Insider Trading Law and the Role of Fiduciary Duty." Donna’s articles Reframing the Misappropriation Theory of Insider Trading Liability: a Post- O'Hagan Suggestion, 59 Ohio State L.J. 1223 (1998), and The "Possession vs. Use" Debate in the Context of Securities Trading by Traditional Insiders: Why Silence can Never be Golden, 67 U. Cincinnati L. Rev. 1129 (1999), were cited in Thomas Lee Hazen, Law of Securities Regulation, § 12.17. Her Cincinnati Law Review article was also cited in John H. Matheson & Brent A. Olson, Minnesota Practice Series: Business Law Deskbook, § 26.7.02, and in Ralph C. Ferrara, Donna M. Nagy, Herbert Thomas & Thomas J. Kim, Ferrara on Insider Trading & The Wall, § 2.01.

Jim O’Reilly
Jim's new book, Food Safety Crisis Management, has been accepted for publication by the Food & Drug Law Institute of Washington, D.C. He completed and has submitted for publication an article, Libels on Government Websites: Exploring Remedies for Federal Internet Defamation. Cincinnati TV channels 9 and 19 carried stories about his work for Legal Aid challenging delay in the Veterans' benefit system and he was critical of the courts' role in delay during the March 23 Court of Appeals for Veterans Claims Bar Association meeting. The Detroit News included his views on auto safety recalls in a recent investigative reporting series. Jim also addressed the San Diego Conference of Proposition 65 News on the FDA exemptions to California's warnings law. He will testify as an expert in the European Court of Patent Appeals in Munich, Germany in April.

Wendy Parker
Wendy’s unedited report: "Faculty Workshop at Case Western on March 26th: Lessons from Desegregating Our Colleges and Universities. Drove. Seven inches of snow. First significant driving experience in snow. Took over two hours to travel the last 70 miles."

Bill Rands
Bill’s article Domination of a Subsidiary by a Parent, 32 Indiana L. Rev. 421 (1999), was cited in Linda A. Malone, Environmental Regulation of Land Use, § 9:14.

Michael Solimine
Five of Michael's articles were cited in Gene R. Shreve & Peter Raven-Hansen, Understanding Civil Procedure (LEXIS NEXIS 3d ed. 2002). Also, the following articles cited his work: Deborah M. Weissman, Gender-Based Violence as Judicial Anomaly: Between "The Truly National and the Truly Local," 42 Boston College L. Rev. 1081, n.207 (2001), citing Solimine & Wheatley, Rethinking Feminist Judging, 70 Indiana L. J. 891 (1995); Mellisa A. Waters, Common Law Courts in An Age of Equity Procedure: Redefining Appellate Review For the Mass Tort Era, 80 North Carolina L. Rev. 527 (2002), citing Solimine, Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (1990) and Solimine and Christine Oliver Hines ’99, Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals Under Rule 23(f), 41 William & Mary L. Rev. 1531 (2000); Stephen L. Wasby, How Do Courts of Appeals En Banc Decisions Fare in the U.S. Supreme Court?, 85 Judicature 182, 184 n.10 (2002), citing George & Solimine, Supreme Court Monitoring of the United States Court of Appeals En Banc, 9 Supreme Court Econ. Rev. 171 (2001). In addition, Michael’s co-authored article in William and Mary was cited in Michael Dore, Law of Toxic Torts, § 20:11, and in David F. Herr, Annotated Manual For Complex Litigation, §§ 25.12 & 30.18.

Suja Thomas
Suja’s note, Efforts to Integrate Housing: The Legality of Mortgage-Incentive Programs, 66 NYU L. Rev. 940 (1991), was cited in James A. Kushner, Government Discrimination: Equal Protection Law and Litigation, § 8:15.

Joseph Tomain
Joe attended an Ohio Legal Assistance Foundation Board Meeting, and was elected Treasurer of Cincinnati Bar Association. He organized and chaired a panel discussion entitled "Judges and the Humanities" at the annual conference of the Association for the Study of Law, Culture, and the Humanities at the University of Pennsylvania. The panelists were: Professor D. Graham Burnett, Princeton University; Professor James Chandler, The University of Chicago; The Hon. John W. Kern, III, Senior Judge, District of Columbia Court of Appeals; The Hon. Randall Shepard, Supreme Court of Indiana; and Professor Avi Soifer, Boston College Law School. He spoke at the Cincinnati Academy for Leadership of Lawyers (CALL) program on "Ethics, Justice and Values," and began teaching the spring quarter UC Honors Seminar - "Law in Literature and Philosophy." His book review, Augustine in Chicago, was accepted by the Journal of Legal Education. The article reviews the books, Public Intellectuals: A Study of Decline, by Richard Posner and The Reckless Mind: Intellectuals in Politics, by Mark Lilla. Joe’s article, Institutionalized Conflict Between Law and Policy, 22 Houston L. Rev. 661 (1985), was cited in Charles H. Koch, Jr., Administrative Law And Practice, § 12.31 n.32.

Glen Weissenberger
Glen announced that he has accepted the deanship of DePaul University College of Law beginning on July 1, 2002. [Warmest congratulations and best wishes from the Editors]. Glen’s article, Toward Precision in the Application of the Attorney-Client Privilege for Corporations, 65 Iowa L. Rev. 899 (1980), was cited in Thomas Lee Hazen, Law of Securities Regulation, § 7.15. Glen’s articles, Reconstructing the Definition of Hearsay, 57 Ohio State L.J. 1525 (1996), Unintended Implications of Speech and the Definition of Hearsay, 65 Temple L. Rev. 857 (1992); Evidence Myopia: The Failure to See the Federal Rules of Evidence as a Codification of the Common Law, 40 William & Mary L. Rev. 1539 (1999), Are the Federal Rules of Evidence a Statute?, 55 Ohio State L.J. 393 (1994); The Supreme Court and the Interpretation of the Federal Rules of Evidence, 53 Ohio State L.J. 1307 (1992), were cited in Karl B. Tegland, Washington Practice: Evidence Law and Practice § 101.10.

 

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Last updated: April 2, 2002