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Faculty News
April 2005 Issue

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

Photo of Professor AaronMarjorie traveled to the Midwest Regionals of the Representation in Mediation Competition at Marquette with student teams of Katie Fahrendorf & John Ravasio and Jennifer Patterson and Shannon Hornung Barrows. The Ravasio & Fahrendorf team made it to the finals and placed third, but did not advance us to the national finals. Marjorie also presented a half day negotiation seminar for the legal/compliance department at GE Aircraft Engine (at the invitation of former student and UC grad Jeffrey Melucci).

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


Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna’s monthly column, Legally Speaking, now appears monthly in City Beat as well as in the American Israelite and the Cincinnati Herald. Her column this month is on Illinois v. Caballes, in which the U.S. Supreme Court held that a canine sniff that led police to marijuana in the trunk of a car following a routine traffic stop is not a search, and thus the evidence seized is not subject to a Fourth Amendment challenge.

Marianna was interviewed on Channel 19 (Fox News) on the importance of having a living will (in the context of the Schiavo case). She chaired the Truman scholarship committee for Ohio, Indiana, and Kentucky, awarding post graduate scholarships to students committed to public service careers. (Other committee members were Cincinnati City Council Member John Cranley (a former Truman scholarship winner), the presidents of Miami University and the College of Mt. St. Joseph, and the Treasurer of Kentucky). Marianna also gave a presentation to fourth year medical students in a Business of Medicine class at the UC College of Medicine.

Profile of Professor Bettman


Kristin Kalsem Associate Professor of Law
Photo of Professor BrandserKristin presented two papers:
Bankruptcy Reform and Consumer Protections: How Gender Matters in Money Matters, at the University of Iowa College of Law
Sex, Lies and the Bankruptcy Code, at the Law, Culture and Humanities Conference in Austin, Texas.

Profile of Professor Kalsem


A. Christopher Bryant Associate Professor of Law
Photo of Professor BryantChris’s article, 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), was cited in William D. Araiza, The Section 5 Power and the Rational Basis Standard of Equal Protection, 79 Tulane L. Rev. 519 (2005).

Profile of Professor Bryant


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

Photo of Professor CaronPaul published (with Rafael Gely) Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. of Legal Educ. 551 (2004). The Editors of the Journal of Legal Education, Carrie Menkel-Meadow and Mark Tushnet, describe the article as follows (From the Editors, 54 J. of Legal Educ. 469 (2004)):

Paul Caron and Rafael Gely address the issue of the use of modern technology (in form and in substance) to encourage active learning in the classroom, reminding us that as our students become more adept than many of their seniors (that is, the two of us at least) in using computers we would do well to harness these new modes to the tasks of learning. They are wise to take on the arguments of the Luddites and skeptics among us who continue to claim that the book, blackboard, chalk, and spoken words are the only tools we need in the classroom. They invite us to fill these pages with other examples of innovative uses of modern technology and new conceptual approaches derived from different forms of collecting and organizing knowledge.

Paul made two presentations:
Law Classroom Technologies, at the Future of Law Libraries Symposium, Amelia Island, Florida (sponsored by Thomson-West, The InfiLaw System, and Florida Coastal School of Law)
Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, at Northern Kentucky-Chase College of Law.

Paul’s TaxProf Blog, which he launched on April 15, 2004, received its 500,000th visitor. He was quoted on the Cincinnati Enquirer’s editorial page, Judicial Tyranny in Schiavo Case.

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com:
• 4 issues of Tax Law & Policy (vol. 6, nos. 8-11).
• 4 issues of Practitioner Series (vol. 5, nos. 8-11).
• 2 issues of International & Comparative Tax (vol. 5, no. 4-5) (co-edited with Robert A. Green (Cornell)).

Two of Paul’s articles were cited in prestigious law reviews:
Tax Myopia, or Mamas Don't Let Your Babies Grow Up To Be Tax Lawyers, 13 Virginia Tax Rev. 517 (1994), in Anthony C. Infanti, Tax Protest, “A Homosexual,” and Frivolity: A Deconstructionist Meditation, 24 St. Louis U. Public L. Rev. 21 (2005).
The Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie, and Beyond, 71 Oregon L. Rev. 781 (1992), in Xuan-Thao N. Nguyen & Jeffrey A. Maine, Taxing the New Intellectual Property Rights, 56 Hastings L.J. 1 (2005).

Profile of Professor Caron


Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom’s Review Essay, Dworkin’s “Full Political Theory of Law,” 7 Criminal Justice Ethics 49 (1988), was reprinted in the Norman J. Singer’s Sutherland Statutes and Statutory Construction (West Group, March 2005 Update).

Profile of Professor Eisele


Rafael Gely Professor of Law
Photo of Professor GelyRafael published (with Paul Caron) Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning, 54 J. of Legal Educ. 551 (2004). The Editors of the Journal of Legal Education, Carrie Menkel-Meadow and Mark Tushnet, describe the article as follows (From the Editors, 54 J. of Legal Educ. 469 (2004)):

Paul Caron and Rafael Gely address the issue of the use of modern technology (in form and in substance) to encourage active learning in the classroom, reminding us that as our students become more adept than many of their seniors (that is, the two of us at least) in using computers we would do well to harness these new modes to the tasks of learning. They are wise to take on the arguments of the Luddites and skeptics among us who continue to claim that the book, blackboard, chalk, and spoken words are the only tools we need in the classroom. They invite us to fill these pages with other examples of innovative uses of modern technology and new conceptual approaches derived from different forms of collecting and organizing knowledge.
Three of Rafael’s articles were cited in prestigious law reviews:
A Tale of Three Statutes... (and One Industry): A Case Study on Competitive Effects of Regulation, 80 Oregon L. Rev. 947 (2001), in Mark Seidenfeld & Janna Satz Nugent, “The Friendship of the People”: Citizen Participation in Environmental Enforcement, 73 George Washington L. Rev. 269 (2005).
Restricting Public Employees’ Political Activities: Good Government or Partisan Politics?, 37 Houston L. Rev. 775 (2000) (with Timothy D. Chandler), in Scott J. Bloch, The Judgment of History: Faction, Political Machines, and the Hatch Act, U. Pennsylvania J. Labor & Employment L. 225 (2005).
“Love, Sex and Politics? Sure. Salary? No Way”: Workplace Social Norms and the Law, 25 Berkeley J. Employment & Labor L. 167 (2004), in Selected Current Bibliography on Labor & Employment Law, 7 U. Pennsylvania J. Labor & Employment L. 483 (2005).

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 spent spring break litigating an Innocence Project case in Akron. The client, Clarence Elkins, was sentenced to life in prison in 1998 for allegedly attacking two victims, murdering and raping one and raping the other. Male DNA was found in the panties, vaginal area, and under the fingernails of the victims. The DNA testing excluded Elkins as the contributor. In addition, because the DNA found on both victims matched the same unidentified man, and neither victim was sexually active with the same man, this DNA pointed decisively to an as yet unidentified male as the true assailant. A decision in expected in May. Mark spoke about the case on several television news programs in Cleveland.

The A&E television show American Justice filmed the hearing, and interviewed Mark extensively about the case during breaks in the hearing. A&E is planning to run a one-hour episode dedicated to the case if Elkins is exonerated.

Mark hosted Gary Reece at the law school, who spoke about his incarceration to a full-house in Room 114. Reece was recently released by the parole board after the Innocence Project filed a brief with the board arguing his innocence. Mark also wrote and filed an appellate brief with the Fifth Appellate District in Ohio in the case of Chris Bennett. The Innocence Project lost in its attempts to exonerate Bennett in November, and is a seeking a reversal in on appeal. Mark also spoke on exonerating the innocent at Cincinnati's Leadership Day.

Mark appeared on a panel with Ohio Supreme Court Justice Pfeifer in Columbus in conjunction with the CATCO premeire of the play The Exonerated. Mark and Justice Pfeifer discussed issues surrounding wrongful convictions in Ohio.

His article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, was one of the most downloaded criminal law papers on SSRN during March.

Mark’s CrimProf Blog, which he launched in November 2004 with co-editor Jack Chin (Arizona), received its 75,000th visitor.

Mark was quoted in the following newspaper accounts of his Innocent Project cases:
Ruling on Elkins Weeks Away: Over Next Month, Summit Judge to Accept Filings by Lawyers on Man’s Request for New Murder Trial, Akron Beacon Journal, March 26, 2005, at B1.
Evidence Handling Central to Appeal: Defense Says DNA Test Should Overturn Murder Conviction, Akron Beacon Journal, March 24, 2005, at B1.
Lawyers Debate DNA in Plea for New Trial in Rape, Murder: Innocence Project Says DNA Evidence Doesn’t Match Elkins, Cleveland Plain Dealer, March 24, 2005, at B4.
Victims Not Alone in Deserving Justice, Cleveland Plain Dealer, March 23, 2005, at B1.
Freed Inmate Visits Law School That Helped Get Him Released, Cleveland Plain Dealer, Feb. 25, 2005, at B5.

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


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

Photo of Professor LockwoodBert hosted a visit by Judge Juan Guzman Tapia, who gave a presentation on The Pursuit of Justice in Chile (archived webcast).

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


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankBrad’s article, A Scrivener's Error or Greater Protection of the Public: Does the EPA Have the Authority to Delist "Low-Risk" Sources of Carcinogens From Section 112's Maximum Available Control Technology Requirements?, was accepted for publication in the Virginia Environmental Law Journal.

Profile of Professor Mank


Donna M. Nagy Interim Dean and Charles Hartsock Professor of Law
Photo of Professor NagyDonna hosted a luncheon reception for the managing partners of Cincinnati’s 25 largest law firms. She participated in the annual Ohio Bench-Bar-Deans Conference at Cherry Valley Lodge in Newark, Ohio. Donna also attended a meeting in Washington, D.C. of the AALS Standing Committee on Sections and Annual Meetings.

Profile of Dean Nagy


Ronna G. Schneider Professor of Law
Photo of Professor SchneiderRonna completed the annual update for her treatise, Education Law: First Amendment, Due Process and Discrimination Litigation (West Group, 2004)

Profile of Professor Schneider



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

Photo of Professor SolimineSeveral of Michael’s articles were cited in prestigious sources:
An Economic and Empirical Analysis of Choice of Law, 24 Georgia L. Rev. 49 (1989), and Forum Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L.J.’Journal 51 (1992), in Gary J. Simson, Issues and Perespectives in Conflict of Laws: Cases and Materials (Carolina Academic Press, 4th ed. 2005)
An Economic and Empirical Analysis of Choice of Law and The Law and Economics of Conflicts of Law, 4 Amer. Law & Econ. Rev. 208 (2002), in Christopher R. Drahozal, Contracting Out of ADR: An Empirical Look at the New Law Merchant, 80 Notre Dame L. Rev. 523 (2005)
Revitalizing Interlocutory Appeals in the Federal Courts, 58 George Washington L. Rev. 1165 (1990), and The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev.1 (1998), in Kevin M. Clermont, Principles of Civil Procedure (West Group, 2005)

Michael was a signatory to an amicus curiae brief of nine law professors who teach civil procedure filed in the U.S. Supreme Court in the case of Mayle v. Felix, No. 04-563, to be argued on April 19. The case concerns how Federal Rule of Civil Procedure 15 can be used in federal habeas corpus cases.

Profile of Professor Solimine


Adam N. Steinman Assistant Professor of Law
Photo of Professor SteinmanAdam presented Optimizing Appellate Jurisdiction at St. Louis University School of Law as part of UC’s Scholar Exchange Program.

Profile of Professor Steinman


Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain• Attended Board of Governors Meeting of the Greater Cincinnati Foundation
• Attended Pro-Bono Committee Meeting for the Ohio Legal Assistance Foundation
• Attended Board of Trustees Meeting for the Ohio Legal Assistance Foundation
• Attended the Ohio State Bar Foundation Board of Trustees Retreat
• Attended Mercantile Library Board Meeting
• Facilitated New Lawyer Training Focus Group for OSBA President Heather Sowald
• Presented The Ancient Quarrel at the Eight Annual Meeting of the Association for the Study of Law, Culture and the Humanities in Austin, Texas, March 12, 2005
• Presentation on Ethics at the Cincinnati Academy of Leadership for Lawyers at Hebrew Union College
• Served as ABA Consultant to Drexel University
• Submitted Rethinking Reform of Electricity Markets (with Professor Sidney Shapiro) to the Wake Forest Law Review

Profile of Dean Emeritus and Wilbert and Helen Ziegler 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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