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Faculty News
December 2004 Issue

Marjorie Aaron Visiting Assistant Professor of Law
Director, Center for Negotiation & Problem Solving

Photo of Professor AaronMarjorie taught a CLE session on Ethics in Negotiation and Mediation for the UC Law Alumni Association

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


Marianna Brown Bettman Visiting Professor of Law
Photo of Professor BettmanMarianna’s monthly for the American Israelite and Cincinnati Herald was on Bush v. Schiavo, the Florida Supreme Court decision invalidating an attempt by the legislature to undo a court decision allowing the husband of a woman in a persistent vegetative state the right to discontinue her life support. She was quoted in the Cincinnati Enquirer story, Ohio Tort Law Debate: Reform or Restriction?, Nov. 28. Marianna spoke on Medical Malpractice at the medical school.

Profile of Professor Bettman


Joseph Biancalana Professor of Law
Photo of Professor BiancalanaJoseph’s article, Monetary Penalties in Thirteenth-Century England, was accepted for publication by the Legal History Review.

Profile of Professor Biancalana


A. Christopher Bryant Associate Professor of Law
Photo of Professor BryantAs a member of the Faculty Appointments Committee, Chris represented the College of Law at the annual AALS hiring conference in Washington, D.C. At the request of Neal Katyal (Georgetown), Chris and Ingrid Wuerth have agreed to write an amicus brief in Hamdan v. Rumsfeld, the Guantanamo Bay case involving the man who allegedly served as a driver for Osama bin Laden.

Profile of Professor Bryant


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

Photo of Professor CaronPaul launched two new blogs as part of his Law Professor Blogs Network:
ContractsProf Blog
Editors: Carol L. Chomsky (Minnesota) & Frank Snyder (Texas-Wesleyan)
Health Law Prof Blog
Editors: Betsy Malloy (Cincinnati) & Tom Mayo (SMU)

Foundation Press approved the 18th book in Paul's Law Stories Series: Employment Law Stories (Samuel Estreicher (NYU) & Gillian Lester (UCLA)).

Paul published several issues of his Tax Law Abstracts e-journals:
• 4 issues of Tax Law & Policy (vol. 5, nos. 41-44).
• 4 issues of Practitioner Series (vol. 4, nos. 41-44).
• 1 issue of International & Comparative Tax (vol. 4, no.11) (co-edited with Robert A. Green (Cornell)).

Paul’s article, Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers, 21 Constitutional Commentary ___ (forthcoming 2004) (symposium) (peer-reviewed) (with Rafael Gely) was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Profile of Professor Caron


Rafael Gely Professor of Law
Photo of Professor GelyRafael’s article, Affirmative Refraction: Grutter v. Bollinger Through the Lens of The Case of the Speluncean Explorers, 21 Constitutional Commentary ___ (forthcoming 2004) (symposium) (peer-reviewed) (with Paul Caron) was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Two of Rafael’s articles were cited in prestigious law reviews:
Distilling the Essence of Contract Terms: An Anti-Antiformalist Approach to Contract and Employment Law, 53 Florida L. Rev. 669 (2001), in Karen Eltis, The Emerging American Approach to E-mail Privacy in the Workplace: Its Influence on Developing Caselaw in Canada and Israel: Should Others Follow Suit?, 24 Comparative Labor L. & Pol’y J. 487 (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), in Jonathan T. Molot, Principled Minimalism: Restriking the Balance between Judicial Minimalism and Neutral Principles, 90 Virginia L. Rev. 1753 (2004).

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 spoke on Exonerating the Innocent at the annual Cincinnati Leadership Day to leaders in the business and legal communities of Greater Cincinnati. He appeared on Fox News in Cleveland which aired an extended expose about the Ohio Innocence Project’s work on the Gary Reese case. Students in the Innocence Project have uncovered substantial evidence of Reese’s innocence and hope that he will be released in early 2005 after spending more than 20 years in prison for rape and attempted murder. Mark was quoted in an article about the case in the Cleveland Plain Dealer. He also was quoted in Judge Refuses to Grant New Trial, Cincinnati Enquirer, Nov. 5, 2004, at C2.

Mark’s forthcoming article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 94 California L. Rev. _____ (2005) was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Mark’s article, Miranda’s Final Frontier—The International Arena: A Critical Analysis of U.S. v. Bin Laden, and a Proposal for a New Miranda Exception Abroad, 51 Duke L.J. 1703 (2002), was cited in Leah Kraft, The Judiciary’s Opportunity to Protect International Human Rights: Applying the U.S. Constitution Extraterritorially, 52 Kansas L. Rev. 1073 (2004).

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


Emily Houh Associate Professor of Law
Photo of Professor HouhEmily’s article, The Doctrine of Good Faith in Contract Law: A Nearly Empty Vessel?, 2005 Utah L. Rev. (forthcoming), was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

As a member of the Faculty Appointments Committee, Emily represented the College of Law at the annual AALS hiring conference in Washington, D.C.

Profile of Professor Houh


Christo Lassiter Professor of Law
Photo of Professor LassiterChristo was quoted in Lesbian Questions Jury's Award, Cincinnati Post, Nov. 29, 2004.

Profile of Professor Lassiter


Bert B. Lockwood, Jr. Distinguished Service Professor of Law
Director, Urban Morgan Institute for Human Rights

Photo of Professor LockwoodBert served as Rapporteur to the 27th Annual Colloquium on Human Rights and Foreign Policy convened in Lausanne, Switzerland. He participated in the meeting of the Midwest Coalition on Human Rights convened at the University of Minnesota. Bert spoke at the University of Dayton to students interested in careers in human rights.

Bert published the November issue of the Human Rights Quarterly, which included among its twelve articles a debate in the ngo community over Kenneth Roth’s (Exec. Director of Human Rights Watch) article in the May issue concerning the role of ngo’s in the promotion and protection of economic and social rights. Len Rubenstein, Executive Director of Physicians for Human Rights, criticizes Roth’s approach, to which Roth responds. Mary Robinson, the former UN High Commissioner for Human Rights, responds to both Roth and Rubenstein. The issue also contains a keynote address that Paul Hoffman, Head of the International Executive Committee of Amnesty International, was scheduled to deliver on Human Rights and The War on Terror at a UNESCO Conference in Nantes, France. When UNESCO indicated that the keynote would not be published because of US objections, Hoffman cancelled his participation and asked the HRQ to publish his speech. The November issue continues the streak: all 90 issues of the HRQ published during Professor Lockwood’s 23-year stint as Editor-in-Chief have been mailed to subscribers in the month of scheduled publication – a record unparalled in academic publishing.

Profile of Professor Lockwood :: Urban Morgan Institute for Human Rights


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

Photo of Professor MalloyBetsy’s article, Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Georgia L. Rev. 825 (1998), was cited in Karen Eltis, The Emerging American Approach to E-mail Privacy in the Workplace: Its Influence on Developing Caselaw in Canada and Israel: Should Others Follow Suit?, 24 Comparative Labor L. & Pol’y J. 487 (2004).

With Tom Mayo (SMU), Betsy launched Health Law Prof Blog, a member of the Law Professor Blogs Network.

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


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankAs Chair of the Faculty Appointments Committee, Brad represented the College of Law at the annual AALS hiring conference in Washington, D.C.

Several of Brad’s articles were cited in prestigious law reviews:
The Environmental Protection Agency's Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization, 25 Ecology L.Q. 1 (1998), in Marcilynn A. Burke, Klamath Farmers and Cappuccino Cowboys: The Rhetoric of The Endangered Species Act and Why It (Still) Matters, 14 Duke Envt’l L. & Pol’y Forum 441 (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 John C. Eastman, A Fistful of Denial: The Supreme Court Takes a Pass on Commerce Clause Challenges to Environmental Laws, 2004 Cato Supreme Court Rev. 469 (2004).
Using §1983 to Enforce Title VI's Section 602 Regulations, 49 Kansas L. Rev. 321 (2001), in Maurice R. Dyson, Safe Rules or Gays' Schools? The Dilemma of Sexual Orientation Segregation in Public Education, 7 Univ. Pennsylvania. J. Const’l L. 183 (2004).

Profile of Professor Mank


Donna M. Nagy Interim Dean and Charles Hartsock Professor of Law
Photo of Professor NagyAlong with the Faculty Appointments Committee, Donna represented the College of Law at the annual AALS hiring conference in Washington, D.C. where she met with DC-area alumni. Donna attended a meeting of the BLAC-CBA Round Table steering committee and the Round Table’s Reception for First Year Minority Law Students. She attended a West Campus briefing on UC|21 Implementation and a regular meeting of the University's Board of Trustees.

Donna’s forthcoming article, Playing Peekaboo with Constitutional Law: The PCAOB and its Public/Private Status, 80 Notre Dame L. Rev. (forthcoming 2005), was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Donna’s article, Judicial Reliance on Regulatory Interpretations in SEC No-Action Letters: Current Problems and a Proposed Framework, 83 Cornell L. Rev. 921 (1998) was cited in Nina A. Mendelson, Chevron and Preemption, 102 Michigan L. Rev. 737 (2004).

Profile of Dean Nagy


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

Photo of Professor SolimineMichael served on a pupilage group presentation on Appeals at the Potter Stewart American Inn of Court. Several of his articles were cited in prestigious sources:
Ideology and En Banc Review, 67 North Carolina L. Rev. 29 (1988), in Virginia A. Hettinger et al., Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals, 48 American J. of Political Science 123 (2004).
Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L.J. 51 (1992), was cited in Eugene F. Scoles, et al., Hornbook on Conflict of Laws (West Group, 4th ed. 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), in the November 2004 update to Michael E. & Jane B. Tigar, Federal Appeals Jurisdiction and Practice, (West Group, 3d ed. 1999).

Profile of Professor Solimine


Adam N. Steinman Assistant Professor of Law
Photo of Professor SteinmanAdam’s article A Constitution for Judicial Lawmaking, 65 U. Pitt. L. Rev. 545 (2004), was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Profile of Professor Steinman


Suja Thomas Associate Professor of Law
Photo of Professor ThomasSuja’s article Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment, 64 Ohio State L.J. 731 (2003), was cited in John C.P. Goldberg et al., Tort Law: Responsibilities and Redress (Aspen 2004), and is the subject of a note in the forthcoming 4th edition of Martin Redish et al., Civil Procedure: A Modern Approach (West).

Profile of Professor Thomas


Joseph P. Tomain Professor of Law
Photo of Dean TomainJoe’s forthcoming article, Junk Economics, 92 Georgetown L.J. (forthcoming 2004) (reviewing Frank Ackerman & Lisa Heinzerling, Priceless: On Knowing the Price of Everything and the Value of Nothing (2004)), was featured in Volume 6, Issue 2, of the College of Law’s Public Law & Legal Theory e-journal, published as part of the Legal Scholarship Network’s Law School Research Paper Series.

Joe’s article, Institutionalized Conflict between Law and Policy, 22 Houston L.Rev. 661 (1985) was cited in the 2004-05 pocket part to Charles H. Koch, Jr.’s Administrative Law and Practice (West, 2d ed., 1997).

Profile of Professor Tomain


Verna L. Williams Associate Professor of Law
Photo of Professor WilliamsTwo of Verna’s articles were cited in prestigious law reviews:
Reform or Retrenchment: Single-Sex Education and the Construction of Race and Gender, 2004 Wisconsin L. Rev. 15, in Michael Heise, Are Single-sex Schools Inherently Unequal? 102 Michigan L. Rev. 1219 (2004).
When a Kiss Isn’t Just a Kiss: Title IX and Student-to-Student Harassment, 30 Creighton L. Rev. 423 (1997) (with Deborah L. Brake), in Michelle J. Anderson, The Legacy of the Prompt Complaint Requirement, Corroboration Requirement, and Cautionary Instructions on Campus Sexual Assault, 84 Boston Univ. L. Rev. 945 (2004).

Profile of Professor Williams


Ingrid Brunk Wuerth Associate Professor of Law
Photo of Professor WuerthIngrid gave a faculty workshop on Courts, Constitutional Method and the Commander in Chief Power: Using International Law to Demarcate the President's War Powers at Salmon P. Chase College of Law, Northern Kentucky University. At the request of Neal Katyal (Georgetown), Ingrid and Chris Bryant have agreed to write an amicus brief in Hamdan v. Rumsfeld, the Guantanamo Bay case involving the man who allegedly served as a driver for Osama bin Laden

Profile of Professor Wuerth

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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