Faculty News

Faculty News
September 2003

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

In This Issue

Marianna Brown Bettman
Marianna presented Highlights of the Past Term of the Ohio Supreme Court: June 2002-June 2003 to the 2003 Ohio Judicial Conference in Columbus. She published an op-ed in the Cincinnati Post on Lawrence v. Texas (Legal World is Taking Big Steps for Gay Rights).

Chris Bryant
Three of Chris’s articles (Remanding to Congress: The Supreme Court’s New “On The Record” Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001) (with Timothy J. Simeone); Stopping Time: The Pro-slavery and “Irrevocable” Thirteenth Amendment, 26 Harvard J.L. & Public Policy 501 (2003); and Youngstown Revisited, 29 Hastings Constitutional L.Q. 373 (2002) (with Carl Tobias)) were cited in Carl Tobias, Unmasking Federalism, 88 Cornell L. Rev. 1833 (2003).

Paul Caron
Paul completed an article, Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of The Speluncean Explorers (with Rafael Gely). He signed a contract with Foundation Press for Labor Law Stories (Laura J. Cooper (Minnesota) & Catherine L. Fisk (USC), Editors), as part of his Law Stories series.

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com: four issues each of Tax Law & Policy (vol. 4, nos. 33-36) and Practitioner Series (vol. 3, nos. 33-36) (both co-edited with Joseph Bankman (Stanford)), and two issues of International & Comparative Tax (vol. 3, nos. 10-11) (co-edited with Robert A. Green (Cornell)).

Rafael Gely
Rafael completed an article, Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers (with Paul Caron).

Mark Godsey
Mark organized a forum on Death Penalty Perspectives Part I: The Journey of Hope at the College of Law on Sept. 29 (www.law.uc.edu/current/clj030929/index.html). He was quoted in Ohio’s Innocence Project Takes First Cases, Cincinnati Enquirer, Sept. 18, 2003, at 1 (www.enquirer.com/editions/2003/09/18/loc_innocenceproject18.html), and in Not Guilty?, Cincinnati Post, Sept. 17, 2003, at A1 (www.cincypost.com/2003/09/17/innoc091703.html). Mark appeared on Channel 9 News and discussed Ohio's recent ratification of the 14th Amendment to the U.S. Constitution, an effort that was initiated and spearheaded by the Center for Law and Justice. Mark and several fellows of the Center for Law and Justice attended the 14th Amendment ratification ceremony in the statehouse in Columbus, at which Governor Taft and several other public officials praised the Center for Law and Justice’s efforts. Mark was invited to speak at an upcoming symposium at the University of Dayton Law School on the impact of the innocence revolution on our “evolving standards of decency” in death penalty jurisprudence.

Bert Lockwood
Bert welcomed Visiting Scholar Gennadly Tokarev to the Urban Morgan Institute for Human Rights.

Brad Mank
Brad’s article, Can Congress Regulate Interstate Species Under the Commerce Clause?, was accepted for publication in the Brooklyn Law Review. Several of Brad’s article were cited in prestigious law reviews: Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1998), in Robert W. Scheef, Temporal Dynamics in Statutory Interpretation: Courts, Congress, and the Canon of Constitutional Avoidance, 64 U. Pittsburgh L. Rev. 529 (2003); A Survey of Federal Agency Response to President Clinton’s Executive Order No. 12898 on Environmental Justice, 31 Envt’l L. Rep. 11,133 (2001), in Noël Wise, To Debate or to Rectify Environmental Injustice: A Review of Faces of Environmental Racism, 30 Ecology L.Q. 353 (2003); and What Comes After Technology: Using an “Exceptions Process” to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stanford Envt’l L.J. 263 (1994), was cited in Patricia Ross McCubbin, Amending The Clean Air Act to Establish Democratic Legitimacy For The Residual Risk Program, 22 Virginia Envt’l L.J. 1 (2003).

Jim O’Reilly
Jim O’Reilly ran unopposed for Wyoming City Council and takes office Dec. 1. He spoke to the Cincinnati Bar Association on the Patriot Act.

Bill Rands
Bill completed an article, Corporate Tax: The Agony and the Ecstasy. Two of his questions were selected for use on the California bar exam.

Michael Solimine
Michael published Building a Better Jury: Reforming Jury Pool Selection in Ohio, 17 Ohio Lawyer 6 (Sept/Oct 2003) (with Rebecca Klein, Class of 2004), and was the lead author of a Report of the Center for Law and Justice, Judicial Selection in Ohio: History, Recent Developments, and an Analysis of Reform Proposals (www.law.uc.edu/clj/judseloh0309.pdf)(with Center fellows Carrie Chavez, Tom Pulley & Lee Sprouse).

Several of Michael’s works were cited in prestigious sources: Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Michigan L. Rev. (forthcoming), in the 2003 Supplement to Richard H. Fallon, et al., Hart & Wechsler’s The Federal Courts and the Federal System (5th ed. 2003); Newsmagazine Coverage of the Supreme Court, 57 Journalism Quarterly 661 (1980), in Rorie L. Spill & Zoe M. Oxley, Philosopher Kings or Political Actors?: How the Media Portray the Supreme Court, 87 Judicature 22 (2003); State Court Regulation of Offers of Judgment and Its Lessons for Federal Practice, 13 Ohio St. J. on Dispute Resolution 51 (1997) (with Pacheco), in Anna Aven Sumner, Note, Is the Gummy Rule of Today Truly Better Than the Toothy Rule of Tommorow? How Federal Rule 68 Should be Modified, 52 Duke L.J. 1055 (2003); Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood 1999) (with Walker), 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 & Mary Law Review 1531 (2000) (with Hines), in Rebecca A. Cochran, Federal Court Certification of Questions of State Law to State Courts: A Theoretical and Empirical Study, 29 Journal of Legislation 157 (2003).

Suja Thomas
Suja’s article Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment, 64 Ohio St. L.J. 794 (2003), was featured in the Jur-E-Bulletin (Sept. 12, 2003) published by the National Center for State Courts (http://view.exacttarget.com/?j=167992&;l=59379_HTML&e=sika.thomas@uc.edu)

Joseph Tomain
Joe attended board meetings of the Cincinnati Bar Association, KnowledgeWorks Foundation, RISE Learning Solutions, Ohio Legal Assistance Foundation, and Mercantile Library. He made presentations on the role and development of a non-profit board at the Ohio College Access Network (OCAN) annual meeting, and on Grutter v. Bollinger at the National Academy of Public Administration, Standing Panel on Social Equity in Governance, Third Social Equity Leadership Conference.

With a bit of help from Billy Williams, John Levy, and Don Blair, Joe’s 4-man team won the College of Law’s 11th Annual Trial by Golf (www.law.uc.edu/alumni/reunion03/golfresults.html). He held lunches with individual sections of the first year class. Joe published a guest editorial in the Cincinnati Post, National Energy Policy and the Northeast Blackout. He was elected Scholar to the Center for Progressive Regulation.

Verna Williams
Verna presented Reform or Retrenchment: Single Sex Education and the Construction of Race and Gender, at a conference on Exploring Key Concepts in Feminist Legal Theory: Race and Ethnicity at Cornell Law School

Ingrid Wuerth
Ingrid’s article, Presidential Power to Detain U.S. Citizens as Enemy Combatants: Modern Lessons from Mr. Madison’s Forgotten War, was accepted for publication in the Northwestern University Law Review.

For past issues, visit the Faculty News Archive.