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Faculty News
November 2004 Issue

Marjorie Aaron Professor of Practice
Director, Center for Negotiation & Problem Solving

Photo of Professor AaronMarjorie moderated a panel on Triaging Family and Family Business Disputes: Mediation Collaborative Law or Other Processes at the Conference on Family Matters: A Symposium On Preventing and Resolving Family And Family-Business Disputes held by the ABA Section on Dispute Resolution in Boston. Her article, Mediator Dos and Don’ts, was accepted for publication in Dispute Resolution Magazine, a publication of the ABA Section on Dispute Resolution.

Profile of Professor Aaron :: Center for Practice in Negotiation & Problem Solving


Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna published Ohio Joins the New Judicial Federalism Movement: A Little To-ing and a Little Fro-ing, 51 Cleveland St. L. Rev. 491 (2004) (Symposium on Bicentennial of the Ohio Constitution). Her monthly column for the American Israelite and Cincinnati Herald was on Bush v. Holmes (invalidating Florida’s school voucher program).

Profile of Professor Bettman


Kristin J. Kalsem Associate Professor of Law
Photo of Professor BrandserKristin published Law, Literature and Libel: Victorian Censorship of “Dirth Filthy” Books on Birth Control, 10 William & Mary J. of Women & Law 533 (2004).

Profile of Professor Kalsem


A. Christopher Bryant Associate Professor of Law
Photo of Professor BryantChris’s article, Quirin Revisited, 2003 Wisconsin L. Rev. 309 (with Carl Tobias), was cited in Jonathan Turley, Art and the Constitution: The Supreme Court and the Rise of the Impressionist School of Constitutional Interpretation, 2003-2004 Cato Supreme Court Rev. 69, 87. He was quoted in Wording of Ohio’s Gay-Marriage Ban Called Sweeping, Cincinnati Enquirer, Oct. 9.

Profile of Professor Bryant


Paul L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects

Photo of Professor CaronPaul celebrated the 6-month anniversary of his launch of TaxProf Blog, a combination web site and blog with permanent resources and daily information for tax professors which has attracted over 175,000 visitors.

Paul launched four new blogs as part of his Law Professor Blogs Network:
AntitrustProf Blog
Editor: Shubha Ghosh (SUNY Buffalo)
CrimProf Blog
Editors: Jack Chin (Arizona) & Mark Godsey (Cincinnati)
LaborProf Blog
Editor: Rafael Gely (Cincinnati)
White Collar Crime Prof Blog
Editors: Peter Henning (Wayne State) & Ellen Podgar (Georgia State)

Foundation Press approved the 17th book in Paul’s Law Stories Series: Employment Discrimination Stories (Joel W. Friedman (Tulane)).

Paul’s article, What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483 (2004) (with Rafael Gely), was cited in Jim Chen, The Nature of the Public Utility: Infrastructure, the Market, and the Law, 98 Northwestern Univ. L. Rev. 1617 (2004).

Paul published several issues of his Tax Law Abstracts (www.ssrn.com) e-journals:
• 4 issues of Tax Law & Policy (vol. 5, nos. 37-40).
• 4 issues of Practitioner Series (vol. 4, nos. 37-40).
• 1 issue of International & Comparative Tax (vol. 4, no.10) (co-edited with Robert A. Green (Cornell)).

Profile of Professor Caron


Rafael Gely Professor of Law
Photo of Professor GelySeveral of Rafael’s articles were cited in prestigious law reviews:
What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Texas L. Rev. 1483 (2004) (with Paul Caron), in Jim Chen, The Nature of the Public Utility: Infrastructure, the Market, and the Law, 98 Northwestern Univ. L. Rev. 1617 (2004).
Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 Univ. Pittsburgh L. Rev. 89 (1998), in David S. Schwartz, Correcting Federalism Mistakes in Statutory Interpretation: The Supreme Court and the Federal Arbitration Act, 67 Law & Contemporary Problems 5 (2004).
A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, 6 J. L., Econ., & Org. 263 (1990) (with Pablo T. Spiller), Congressional Control or Judicial Independence: The Determinants of U.S. Supreme Court Labor-Relations Decisions, 1949-1988, 23 Rand J. Econ. 463 (1992) (with Pablo T. Spiller), and The Political Economy of Supreme Court Constitutional Decisions: The Case of Roosevelt's Court-Packing Plan, 12 Int’l Rev. L. & Econ. 45 (1992), in Keith E. Whittington, Legislative Sanctions and the Strategic Environment of Judicial Review, 1 Int’l J. Const’l L. 446 (2003).

Profile of Professor Gely


Mark A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Photo of Professor GodseyMark received two major awards:
• The “Superstar of Criminal Law ’04” Award by the Ohio Association of Criminal Defense Lawyers in Columbus. He was a featured speaker at the annual Superstar’s seminar and spoke about exonerating the innocent after conviction.
• The 2004 Outstanding Recent Alumnus Award from his alma mater, The Moritz College of Law at Ohio State.

Mark published The Innocence Revolution and Our Evolving Standards of Decency in Death Penalty Jurisprudence, 29 U. Dayton L. Rev. 265 (2004) (Gilvary Symposium). He was a featured speaker at the Gilvary Symposium last year.

Mark litigated an Innocence Project case in Stark County Court of Common Pleas. During the two-day hearing, Mark and co-counsel John Cranley presented evidence, including DNA evidence, new witness testimony, medical testimony and accident reconstruction testimony to establish the innocence of Christopher Bennett, who had pleaded guilty in 2002 to vehicular homicide. The medical records in the case demonstrated that Bennett had amnesia about the accident when he pleaded guilty, due to head injuries he suffered during the crash. The case received widespread media attention across the state, and Mark was quoted about the case in the Cincinnati Enquirer and the Cleveland Plain Dealer, among other Ohio papers, and the National Law Journal. Mark also appeared on ABC news in Cleveland, which aired an extended expose on the case.
• Tresa Baldas, Exoneration As a Cottage Industry, National Law Journal, Oct.4, at 1
4 Ohio Inmates Hope DNA Can Unlock Their Innocence: State's Law is One of Strictest in Nation, The Plain Dealer, Oct. 18.
Innocence Project Testimony Ends, Cincinnati Enquirer, Oct. 5.
Innocence Project Debuts, Cincinnati Enquirer, Oct. 2.
UC Students' Evidence may Clear Inmate, Cincinnati Post, Oct. 1, 2004.

On November 4, the court issued an opinion denying Bennett’s motion to withdraw his guilty plea, citing the plea itself as conclusive evidence of guilt that overcomes the DNA and other evidence of innocence compiled by the Innocence Project. The Ohio Innocence Project plans to appeal.

With the assistance of the Innocence Project fellows, Mark filed briefs in approximately 18 different Innocence Project cases during October, seeking DNA testing on behalf of inmates who have steadfastly maintained their innocence.

Mark launched CrimProfBlog, as co-editor with Jack Chin (Arizona), as part of Paul Caron’s Law Professor Blogs Network.

Mark’s article Educational Inequalities, the Myth of Meritocracy, and the Silencing of Minority Voices: The Need for Diversity on America's Law Reviews, 12 Harvard BlackLetter L.J. 59 (1995) was cited in Scott C. Idleman, Multiculturalism and the Future of Tribal Sovereignty, 35 Columbia. Human Rights L. Rev. 589 (2004).

Profile of Professor Godsey :: Lois and Richard Rosenthal Institute for Justice/Ohio Innocence Project


Christo Lassiter Professor of Law
Photo of Professor LassiterChristo’s article, The O.J. Simpson Verdict: A Lesson in Black and White, 1 Michigan J. Race & L. 69 (1996) was cited in Bruce A. Green and Fred C. Zacharias, Prosecutorial Neutrality, 2004 Wisconsin L. Rev. 837.

Profile of Professor Lassiter


S. Elizabeth Malloy Professor of Law
Director, Glen Weaver Institute for Law & Psychiatry

Photo of Professor MalloyBetsy spoke on Legal Issues Surrounding End of Life Decision Making to the Cincinnati Chapter of End of Life Choices. She co-taught the Health Care Ethics Course at the UC Medical School with Dr. Stanley Troup.

Profile of Professor Malloy :: Glen Weaver Institute for Law and Psychiatry


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankSeveral of Brad’s articles were cited in prestigious law reviews:
Are Title VI's Disparate Impact Regulations Valid?, 71 Univ. Cin. L. Rev. 517 (2003), in Floyd Weatherspoon, Ending Racial Profiling of African-Americans in the Selective Enforcement of Laws: In Search of Viable Remedies, 65 Univ. Pittsburgh L. Rev. 721 (2004).
Legal Context: Reading Statutes in Light of Prevailing Legal Precedent, 34 Arizona State L.J. 815 (2002), and Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking is Better than Judicial Literalism, 53 Washington & Lee L. Rev. 1231 (1996), in Timothy K. Armstrong, Chevron Deference and Agency Self-interest, 13 Cornell J.L. & Pub. Pol’y 203 (2004).
Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Georgia L. Rev. 723 (2002), in Jay D. Wexler, Parks as Gyms? Recreational Paradigms and Public Health in the National Parks, 30 Am. J. L. & Medicine 155 (2004).
Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1998), in John F. Manning, Nonlegislative Rules, 72 George Washington L. Rev. 893 (2004).
Title VI, in The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks (Michael B. Gerrard ed., 1999), in Kyle W. La Londe, Who Wants to be an Environmental Justice Advocate?: Options for Bringing an Environmental Justice Complaint in the Wake of Alexander v. Sandoval, 31 Boston College Envt’l Affairs L. Rev. 27 (2004).

Profile of Professor Mank


Donna M. Nagy Interim Dean and Charles Hartsock Professor of Law
Photo of Professor NagyDonna’s article, Playing Peekaboo with Constitutional Law: The PCAOB and Its Public/Private Status, was accepted for publication in the Notre Dame Law Review. She serves on the following committees:
• AALS Standing Committee on Sections and Annual Meeting (3-year term) (www.aals.org).
• SEC Historical Society’s Museum/Accession Committee (www.sechistorical.org).

Donna’s appointment as Interim Dean of the College of Law was featured in Associate UC Law Dean Interim Head, Cincinnati Enquirer, Sept. 29.

Profile of Dean Nagy


Ronna G. Schneider Professor of Law
Photo of Professor SchneiderRonna spoke on Religion and Affirmative Action Cases in the United States Supreme Court, 2002-2004 to state judges at the Ohio Judicial College in Columbus. She was quoted in Community Oriented Policing Backed, Cincinnati Enquirer, Oct. 17.

Profile of Professor Schneider


Michael E. Solimine Donald P. Klekamp Professor of Law
Director, Extern Program

Photo of Professor SolimineMichael published Recalibrating Justiciability in Ohio Courts, 51 Cleveland St. L. Rev. 531 (2004) (Symposium on Bicentennial of the Ohio Constitution). He attended the Ohio Legal History Seminar at The Moritz College of Law at Ohio State.

Several of Michael’s articles were cited in prestigious law reviews:
Choice of Law in the American Courts in 1991, 40 Am. J. Comparative L. 951 (1992), in Symeon C. Symeonides, Choice of Law in the American Courts in 2003: Seventeenth Annual Survey, 52 Am. J. Comparative L. 9 (2004).
Competitive Federalism and Interstate Recognition of Marriage, 32 Creighton L. Rev. 83 (1998), in Todd E. Pettys, The Mobility Paradox, 92 Georgetown L.J. 481 (2004).
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) (with Christine Oliver Hines), & Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (1990), in Christopher A. Kitchen, Note, Interlocutory Appeal of Class Action Certification Decisions under Federal Rule of Civil Procedure 23(f): A Proposal for a New Guideline, 2004 Columbia Bus. L. Rev. 231(2004).
Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 Univ. Michigan. J.L. Reform 351 (1995) (with Richard B. Saphire), in Rochelle Cooper Dreyfuss, The Federal Circuit: A Continuing Experiment in Specialization, 54 Case Western Reserve L. Rev. 769 (2004), and in Andrew P. Morriss, Comment, A Public Choice Perspective on the Federal Circuit, 54 Case Western Reserve L. Rev. 811 (2004).
Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Studies 271 (1998) (with William Landes & Lawrence Lessig), in Russell Smyth & Mita Bhattacharya, What Determines Judicial Prestige? An Empirical Analysis for Judges of the Federal Court of Australia, 5 Am. L. & Econ. Rev. 233 (2003), and in Andrew P. Morriss, Comment, A Public Choice Perspective on the Federal Circuit, 54 Case Western Reserve L. Rev. 811 (2004).
Rethinking Feminist Judging, 70 Indiana L. J. 891 (1995) (with Susan E. Wheatley) in Sarah Westergren, Gender Effects in the Courts of Appeals Revisited: The Data since 1994, 92 Georgetown L.J. 689 (2004).

Profile of Professor Solimine


Suja Thomas Associate Professor of Law
Photo of Professor ThomasSuja’s article, Judicial Modesty and the Jury, was accepted for publication in the University of Colorado Law Review.

Profile of Professor Thomas


Joseph P. Tomain Professor of Law
Photo of Dean TomainJoe’s articles, Electricity Restructuring: A Case Study in Government Regulation, 33 Tulsa L.J. 827 (1998), and The Past and Future of Electricity Regulation, 32 Envt’l L. 435 (2002), were cited in Jim Chen, The Nature of the Public Utility: Infrastructure, the Market, and the Law, 98 Northwestern Univ. L. Rev. 1617 (2004). He was quoted in Bar Round Table Group to Give Diversity Awards, Cincinnati Enquirer, Oct. 13.

Profile of Professor Tomain


Faculty News is edited by Paul L. Caron, Charles Hartsock Professor of Law and Director of Faculty Projects.
Back issues can be accessed from the Faculty News Archive.

     
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