Faculty News

Faculty News
Summer 2002

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
In June, Marjorie commenced her term as Vice Chair of the Ohio Commission on Dispute Resolution and Conflict Management. She also served as moderator and presenter on a panel on Ethics Behind Closed Doors; a summary of the session will be published in the September issue of CPR's Alternatives. In July, Marjorie taught a two-day mediation course at Hamline University in its Dispute Resolution Program and presented a Saturday workshop on negotiation for Cincinnati's Grassroots Leadership Academy.

Marianna Bettman
Marianna's article, Comity and the New Federalism Through the Lens of School Vouchers, was published in 29 Northern Kentucky L. Rev. 455 (2002). She presented State Constitutional Law Emerging from the Federal Shadow at the Court of Appeals Judges Association and as part of the UC College of Law's Summer Faculty Scholarship Series. Marianna's recent commentary and newspaper column topics have included Republican Party of Minnesota v. White (U.S. Supreme Court struck down Minnesota announce clause, limiting what judges and judicial candidates can say during elections); Holmes v. Bush (Florida trial court decision striking down Florida school voucher program under Florida constitution); Detroit Free Press v. Ashcroft (6th circuit decision treating blanket directive of Chief Immigration Judge closing all deportation hearings as violation of First Amendment right of access); Johnson v. City of Cincinnati (6th circuit decision striking down Cincinnati's drug exclusion zone ordinance as violating First Amendment rights of freedom of association and right to travel); and Adkins v. Virgina (U.S. Supreme Court ruling that execution of mentally retarded defendants violates Eighth Amendment ban on cruel and unusual punishment).

Joseph Biancalana
Joseph completed Originalism and the Commerce Clause, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review.

Kristin Kalsem
Kristin presented Law, Literature, History, and Culture: Uncovering Suppressed Evidence of Feminist Jurisprudence as part of the UC College of Law's Faculty Summer Scholarship Series.

Paul Caron
Paul taught Federal Income Tax as a Visiting Professor at the University of San Diego School of Law. He completed a book chapter, Tax Archaeology, to be published in Tax Stories (Foundation Press, forthcoming 2002); and Back to the Future: Teaching Law Through Stories, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review.

Paul signed a contract with Foundation Press for Constitutional Law Stories, the fourth book in his Law Stories Series. The Editor is Michael Dorf (Columbia), and the Contributors are Richard Banks (Stanford), David Bernstein (George Mason), Ashutosh Bhagwat (University of California Hastings), Vincent Blasi (Columbia), Jim Chen (Minnesota), Christopher Eisgruber (Princeton), Garrett Epps (Oregon), Daniel Farber (University of California-Berkeley), Lucinda Finley (SUNY Buffalo), Michael Gerhardt (William & Mary), Neil Gotanda (Western State), Cheryl Harris (UCLA), Samuel Issacharoff (Columbia), Seana Shiffrin (UCLA), and Mark Tushnet (Georgetown).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): eight issues each of Tax Law & Policy (vol. 3, nos. 22-29) and Practitioner Series (vol. 2, nos. 24-31) (both co-edited with Joseph Bankman (Stanford)); and two issues of International & Comparative Tax (vol. 2, nos. 8-9) (co-edited with Eric M. Zolt (Harvard)).

Jack Chin
Jack completed Mississippi Voting: An Analysis of Cotton v. Fordice, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review. Two of his articles were cited in prestigious law reviews: Is There a Plenary Power Doctrine? A Tentative Apology and Prediction for Our Strange but Unexceptional Constitutional Immigration Law, 14 Georgetown Immigration L.J. 257 (2000), in Peter J. Spiro, Globalization and the (Foreign Affairs) Constitution, 3 Ohio State L.J. 649 (2002); and Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration, 46 UCLA L. Rev. 1 (1998), in Robert S. Chang, Developing a Collective Memory to Imagine a Better Future, 49 UCLA L. Rev. 1601 (2002), and in Kevin R. Johnson, The End of "Civil Rights" as We Know It?: Immigration and Civil Rights in the New Millennium 9 UCLA L. Rev. 1481 (2002).

Tom Eisele
Tom completed What We Share, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review.

Rafael Gely
Rafael presented The Right to Counsel in Emerging Economies as part of the UC College of Law's Summer Faculty Scholarship Series. His article, A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, 6 J. of Law. Economics & Organization 263 (1990) (with Pablo T. Spiller), was cited in Emerson H. Tiller, Resource-based Strategies in Law and Positive Political Theory: Cost-Benefit Analysis and the like, 50 Univ. Pennsylvania L. Rev. 1453 (2002).

Steve Ingram
Steve presented Taking Liberties with Lochner: Judicial Review and Labor Legislation in the Progressive Era as part of the UC College of Law's Summer Faculty Scholarship Series.

Christo Lassiter
Christo's article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Capital Univ. L. Rev. 79 (1998), was cited in Devon W. Carbado, (E)racing the Fourth Amendment,100 Michigan L. Rev. 946 (2002).

Bert Lockwood
Bert's article, The United Nations Charter and United States Civil Rights Litigation: 1946-1955, 69 Iowa L. Rev. 901 (1984), was cited in Harold Koh, Paying "Decent Respect" to World Opinion on The Death Penalty, 35 Univ. of California, Davis L. Rev. 1085 (2002).

Betsy Malloy
Betsy presented Drawing the Line Between Reasonable Accommodation and Affirmative Action as part of the UC College of Law's Summer Faculty Scholarship Series. Her article, Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Connecticut L. Rev. 603 (2001), was cited in Elizabeth A. Pendo, Disability, Doctors and Dollars: Distinguishing the Three Faces of Reasonable Accommodation, 35 Univ. of California, Davis L. Rev. 1175 (2002).

Brad Mank
Brad completed Suing Under § 1983: The Future After Gonzaga v. Doe, to be published in the University of Houston Law Review; and Are Title VI's Disparate Impact Regulations Valid?, in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review. He presented Random Thoughts on Environmental Justice in the UC College of Law's Faculty Summer Scholarship Series. Brad was appointed by Cincinnati City Manager Valerie Lemmie to serve on the Environmental Advisory Council, which advises the City Council, City Manager and City Departments on environmental issues.

Donna Nagy
Donna Presented Securities Litigation as part of the UC College of Law's Summer Faculty Scholarship Series.

Sara Stadler Nelson
Sara presented Intellectual Property as part of the UC College of Law's Summer Faculty Scholarship Series.

Jim O'Reilly
Jim completed An Eye for an Eye: Foresight on Remedies for LASIK Surgery's Problems, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review.

Wendy Parker
Wendy presented Reconsidering the Role of District Court Judges in School Desegregation at the Resegregation of Southern Schools Conference; and What Desegregation Can Teach Affirmative Action as part of the UC College of Law's Summer Faculty Scholarship Series.

Bill Rands
Bill's article, Domination of a Subsidiary by a Parent, 32 Indiana L. Rev. 421 (1999), was cited in Nina A. Mendelson, A Control-based Approach to Shareholder Liability for Corporate Torts, 102 Columbia L. Rev. 1203 (2002).

Ronna Schneider
Ronna presentated The Courts and Religion: Clarity or Confusion? at the Court of Appeals Judges Association. Her article, Getting Help with Their Homework: Schools, Lower Courts, and the Supreme Court Justices Look for Answers Under the Establishment Clause, 53 Administrative L. Rev. 943 (2001), was cited in Trent Collier, Revenue Bonds And Religious Education: The Constitutionality of Conduit Financing Involving Pervasively Sectarian Institutions, 100 Michigan L. Rev. 1108 (2002).

Michael Solimine
Michael completed Nepotism in the Federal Judiciary, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review. He presented the article as past of the UC College of Law's Summer Faculty Scholarship series. Four of Michael's articles were cited in prestigious law reviews: An Economic and Empirical Analysis of Choice of Law, 24 Georgia L. Rev. 49 (1989), in Andrew T. Guzman, Choice of Law: New Foundations, 90 Georgetown L.J. 883 (2002), and in Erin Ann O'Hara, Economics, Public Choice, and The Perennial Conflict of Laws, 90 Georgetown L.J. 941 (2002); Social Science Perspectives on Teaching Conflict of Laws, 27 Univ. Toledo L. Rev. 619 (1996), in Elizabeth Warren, The Market for Data: the Changing Role of Social Sciences in Shaping the Law, 2002 Wisconsin L. Rev. 1 (2002); The Three-Judge District Court in Voting-Rights Litigation, 30 Univ. Michigan J. Law Reform 79 (1996), in Pamela S. Karlan, Exit Strategies in Constitutional Law: Lessons for Getting the Least Dangerous Branch out of the Political Thicket, 82 Boston Univ. L. Rev. 667 (2002); and Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan E. Wheatley), in Daniel M. Schneider, Assessing and Predicting Who Wins Federal Tax Trial Decisions, 37 Wake Forest L. Rev. 473 (2002).

Suja Thomas
Suja's Note, Efforts to Integrate Housing: The Legality of Mortgage-Incentive Programs, 66 NYU L. Rev. 940 (1991), was cited in Michael Selmi, Remedying Societal Discrimination Through The Spending Power, 80 North Carolina L. Rev. 1575 (2002).

Joe Tomain
Joe published Augustine in Chicago, 51 J. of Legal Education 610 (2001); completed work on a book chapter, Whither Natural Monopoly? The Case of Electricity, to be published in The End of a Natural Monopoly: Deregulating Competition in the Electric Power Industry, The Economics of Legal Relationships, Volume 7; and completed (with Associate Dean Barbara Watts) Between Law and Virtue, to be published in the forthcoming Faculty Scholarship Issue of the University of Cincinnati Law Review. He served as Fulbright Senior Specialist to design an undergraduate program in law at the Faculty of Law and Economic Sciences in Phnom Penh, Cambodia. Joe also served as facilitator in discussing Graham Burnett's book, A Trial By Jury, at the National Center for State Courts Conference of Chief Justices in Maine. In addition, he organized and moderated two panels at the American Bar Association Annual Meeting on Professional Expectations of Associates and Employers.

Verna Williams
Verna presented Single Sex Education and Gender Equity as part of the UC College of Law's Summer Faculty Scholarship Series.

Ingrid Wuerth
Ingrid presented Federal Courts and Foreign Affairs Exceptionalism as part of the UC College of Law's Summer Faculty Scholarship Series.

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