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’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 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 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’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’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’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 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 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'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’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’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.
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’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,
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 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.
past issues, visit the Faculty News Archive.