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Faculty News
May 2005 Issue

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

Photo of Professor AaronMarjorie’s two-part article, Initial Contacts in Mediation Practice was published in Mediation: Insights & Approaches, an anthology of selected articles from 20 years of Alternatives, published by the CPR Institute for Dispute Resolution . She presented original teaching materials and methods from her Negotiation Course and 2L Lawyering courses at the Legal Educator’s Colloquium of the ABA Section on Dispute Resolution in Los Angeles. Marjorie was selected to serve on the Board of the American College of Civil Trial Mediators.

Marjorie’s article, Evaluation in Mediation, in Mediating Legal Disputes (Dwight Golann, ed. 1996), was cited in Michael L. Moffitt’s Schmediation and the Dimensions of Definition, 10 Harvard Negotiation L. Rev. 69 (2005).

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


Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna won the 2005 Goldman Prize for Excellence in Teaching.

Marianna published Highlights of the Ohio Supreme Court June 2002-June 2003, 33 Capital Univ. L. Rev. (2005). Her monthly Legally Speaking column (in American Israelite, Cincinnati Herald, and City Beat) was on the separation of powers crisis in the Terri Schiavo case.

Marianna presented The Truth About Professionalism at the 2005 CALL Program. She directed the renewed Judge-in-Residence Program with Judge Martha Craig Daughtrey of the U.S. Court of Appeals for the 6th Circuit

Profile of Professor Bettman


Joseph Biancalana Professor of Law
Photo of Professor BiancalanaJoseph’s book, The Fee Tail and the Common Recovery in Medieval England (Cambridge Univ. Press, 2001), was reviewed by Joshua C. Tate (Yale) in 23 Law & History Rev. 205 (2005). Professor Tate calls the book “essential reading for anyone who wishes to understand the development of the common law of property prior to the sixteenth century. Biancalana's achievement deserves high praise.”

Profile of Professor Biancalana


Kristin Kalsem Associate Professor of Law
Photo of Professor BrandserKristin presented Bankruptcy Reform and Consumer Protection: How Gender Matters in Money Matters at Chicago-Kent as part of the College of Law’s Scholar Exchange Program.

Profile of Professor Kalsem


A. Christopher Bryant Associate Professor of Law
Photo of Professor BryantChris won the 2005 Goldman Prize for Excellence in Teaching.

Chris and Ronna Schneider coached a Highland High School (Ft. Thomas, KY) We the People team, which won the Kentucky state competition in February and represented the state at the national competition in Washington, D.C.

Profile of Professor Bryant


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

Photo of Professor CaronPaul and Rafael Gely organized and moderated a symposium on The Next Generation of Law School Rankings held at Indiana-Bloomington:

The U.S. News & World Report annual law school rankings are the 800-pound gorilla of legal education. Although met with varying degrees of skepticism and hostility, the U.S. News rankings affect virtually all aspects of law school operations. A myriad of alternative rankings have emerged in recent years, seeking better and more accurate ways of measuring law school performance.

The goal of this symposium is to deepen our understanding of rankings and their effects on legal education. The participants in this symposium will examine the need for law school rankings; the effects of rankings on legal education; and the various new approaches to addressing the public's insatiable demand for ever more and increasingly sophisticated rankings, which permeate not only legal education but also all aspects of American life.

The opening panel featured papers by Richard Posner (Chicago; 7th Circuit) and Cass Sunstein (Chicago), with commentary by Russell Korobkin (UCLA) and Brian R. Leiter (Texas). See the complete list of papers and commentary.

Paul published several issues of his Tax Law Abstracts e-journals www.ssrn.com:
• 4 issues of Tax Law & Policy (vol. 6, nos. 12-15).
• 4 issues of Practitioner Series (vol. 5, nos. 12-15).
• 1 issues of International & Comparative Tax (vol. 5, no. 6) (co-edited with Robert A. Green (Cornell)).

Profile of Professor Caron


Thomas D. Eisele Professor of Law
Photo of Professor EiseleTom won the 2005 Goldman Prize for Excellence in Teaching.

Profile of Professor Eisele


Rafael Gely Professor of Law
Photo of Professor GelyRafael and Paul Caron organized and moderated a symposium on The Next Generation of Law School Rankings held at Indiana-Bloomington. [See description above.]

Rafael’s article, Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 Univ. Pittsburgh L. Rev. 89 (1998), was cited in Michael Abramowicz & Maxwell Stearns, Defining Dicta, 57 Stanford L. Rev. 953 (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 published Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 California L. Rev. 465 (2005). He wrote two post-hearing briefs, with co-counsel Jana Elkins of Akron, in the Innocence Project case of Clarence Elkins. Elkins is currently serving a sentence of life in prison after having been convicted of murder and rape. A decision from the judge regarding Elkins' exoneration is expected at any time.

CrimProf Blog, which Mark co-edits with Jack Chin (Arizona), received its 100,000th visitor during April.

Mark was quoted in Man Wants to Clear Name, Ohio News Journal, March 29, 2005, at A1.

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


Emily Houh Associate Professor of Law
Photo of Professor HouhEmily attended a Board of Governors meeting of the Society of American Law Teachers in Chicago.

Emily’s article, Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, 88 Cornell L. Rev. 1025 (2003), was cited in several prestigious publications:
• Scott R. Peppet, Lawyers’ Bargaining Ethics, Contract, and Collaboration: The End of the Legal Profession and the Beginning of Professional Pluralism, 90 Iowa L. Rev. 475 (2005)
• Dorothy A. Brown, Fighting Racism in the Twenty-First Century, 61 Washington & Lee L. Rev. 1485 (2004)
• Devon W. Carbado & Mitu Gulati, Race to the Top of the Corporate Ladder: What Minorities Do When They Get There, 61 Washington & Lee L. Rev. 1645 (2004)
• Stephen S. Ashley, Bad Faith Actions Liability & Damages (West Group, 2004 Update).

Profile of Professor Houh


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

Photo of Professor LockwoodBert hosted a visit by the Honorable Unity Dow of the High Court of Botswana, who spoke on Of Rights and Reason: Women in Botswana and Sierra Leone: The Tension at the Seams of the Cultural Straight Jacket.

Bert’s article, Preliminary Thoughts towards an International Convention on Terrorism, 68 American J. Int'l L. 69 (1974), was cited in Alison Elizabeth Chase, Legal Mechanisms of the International Community and the United States concerning State Sponsorship of Terrorism, 45 Virginia J. Int’l L. 41 (2004).

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, Taming Terrorists But Not “Natural Born Killers,” 27 Northern Kentucky L. Rev. 81 (2000), was cited in Eugene Volokh, Crime-Facilitating Speech, 57 Stanford L. Rev. 1095 (2005).

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


Bradford C. Mank James B. Helmer Jr. Professor of Law
Photo of Professor MankBrad published Standing and Global Warming: Is Injury to All Injury to None? , 35 Environmental Law 1 (2005).

Several of Brad’s articles were cited in prestigious law reviews:
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), and The Murky Future of the Clean Water Act after SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, 30 Ecology L.Q. 811 (2003), in Jonathan H. Adler, Judicial Federalism and the Future of Federal Environmental Regulation, 90 Iowa L. Rev. 377 (2005).
Textualism’s Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, 86 Kentucky L.J. 527 (1998), in Caleb Nelson, What Is Textualism? 91 Virginia L. Rev. 347.
Using § 1983 to Enforce Title VI’s Section 602 Regulations, 49 Univ. Kansas. L. Rev. 321 (2001), in Matthew C. Stephenson, Public Regulation of Private Enforcement: The Case for Expanding the Role of Administrative Agencies, 91 Virginia L. Rev. 93 (2005).

Profile of Professor Mank


Donna M. Nagy Interim Dean and Charles Hartsock Professor of Law
Photo of Professor NagySeveral of Donna’s publications were cited in prestigious law reviews:
Playing Peekaboo with Constitutional Law: The PCAOB and Its Public/Private Status, 80 Notre Dame L. Rev. 973 (2005), in Matthew J. Barrett, The SEC and Accounting, In Part through the Eyes of Pacioli, 80 Notre Dame L. Rev. 837.
Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio State L.J. 1223 (1998), in Donald C. Langevoort & G. Mitu Gulati, The Muddled Duty to Disclose under Rule 10b-5, 57 Vanderbilt L. Rev. 1639 (2004).
Securities Litigation and Enforcement: Cases and Materials (West Group 2003) (with Richard W. Painter & Margaret V. Sachs), in Lance Cole, Reexamining the Collective Entity Doctrine in the New Era of Limited Liability Entities – Should Business Entities Have a Fifth Amendment Privilege? 2005 Columbia Business L. Rev. 1 (2005), and Peter H. Huang, Moody Investing and the Supreme Court: Rethinking the Materiality of Information and the Reasonableness of Investors, 13 Supreme Court Econ. Rev. 99 (2005).

Profile of Dean Nagy


Nancy Oliver Legal Research & Writing Professor
Photo of Professor OliverNancy published Teachable Moments for Teachers -- Coming Face-to-Face with a Legal Research and Writing Client, Perspectives: Teaching Legal Research and Writing, Vol. 97, No. 3 (Spring 2005).

Profile of Professor Oliver


William J. Rands Professor of Law
Photo of Professor RandsBill’s article, Domination of a Subsidiary by a Parent, 32 Indiana L. Rev. 421 (1999), was cited in Martin C. McWilliams, Who Bears the Costs of Lawyers' Mistakes? – Against Limited Liability, 36 Arizona State L.J. 885 (2005).

Profile of Professor Rands


Ronna G. Schneider Professor of Law
Photo of Professor SchneiderRonna and Chris Bryant coached a Highland High School (Ft. Thomas, KY) We the People team, which won the Kentucky state competition in February and represented the state at the national competition in Washington, D.C.

Profile of Professor Schneider


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

Photo of Professor Solimine Michael served as a commentator at The Next Generation of Law School Ranking Symposium at Indiana-Bloomington. Michael delivered commentary on papers by:

• Scott A. Baker, Stephen Choi & G. Mitu Gulati, The Rat Race as an Information Forcing Device
• Wendy Espeland & Michael Sauder, The Benefits of Multiple Evaluations: A Comparison of Law and Business School Rankings
• William Henderson & Andrew P. Morriss, Student Quality as Measured by LSAT Scores: Migration Patterns in the U.S. News Rankings Era

Michael’s commentary will be published in a symposium issue in the Indiana Law Journal.

He published The Future of Parity, 46 William & Mary L. Rev. 1457 (2005), as part of the Dual Enforcement of Constitutional Norms Symposium. An earlier draft of this article was cited in Barry Friedman, Under the Law of Federal Jurisdiction: Allocating Cases Between Federal and State Courts, 104 Columbia L. Rev. 1211 (2004).

Michael’s work was cited in a variety of prestigious books and articles:
The False Promise of Judicial Elections in Ohio, 30 Capital Univ. L. Rev. 559 (2002) (symposium), and Recalibrating Justiciability in Ohio Courts, 51 Cleveland St. L. Rev. 531 (2004) (symposium), in Steven H. Steinglass & Gino J. Scarselli, The Ohio State Constitution: A Reference Guide (Praeger Publishers 2004)
Nepotism in the Federal Judiciary, 71 Univ. Cincinnati L. Rev. 563 (2002) (symposium), and Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Indiana L. Rev. 335 (2002), in Michael Abramowicz & Maxwell Stearns, Defining Dicta, 57 Stanford L. Rev. 953 (2005).
Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Indiana L. Rev. 335 (2002), and Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Michigan Law Review 1463 (2003), in Robert J. Pushaw, Jr., Bridging the Enforcement Gap in Constitutional Law: A Critique of the Supreme Court’s Theory That Self-Restraint Promotes Federalism, 46 William & Mary L. Rev. 1289 (2005).
Supreme Court Monitoring of State Courts in the Twenty-first Century, 35 Indiana L. Rev. 335 (2002), Federalism, Liberty and State Constitutional Law, 23 Ohio Northern Univ. L. Rev. 1457 (1997), Respecting State Courts: The Inevitability of Judicial Federalism (Greenwood, 1999) (with James L. Walker), and The Future of Parity, 46 William & Mary L. Rev. 1457 (2005), in James A. Gardner & Jim Rossi, The New Frontier of State Constitutional Law, 46 William & Mary L. Rev. 1231 (2005), and Robert A. Schapiro, Interjurisdictional Enforcement of Rights in a Post-Erie World, 46 William & Mary L. Rev. 1399 (2005), and Robert F. Williams, State Courts Adopting Federal Constitutional Doctrine: Case-By-Case Adoptionism or Prospective Lockstepping? 46 William & Mary L. Rev. 1499 (2005).
The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James Walker), in Virginia A. Hettinger & Christopher Zorn, Explaining the Incidence and Timing of Congressional Responses to the U.S. Supreme Court, 30 Legislative Studies Q. 5 (2005)
Enforcement and Interpretation of Settlements of Federal Civil Rights Actions, 19 Rutgers L.J. 295 (1988), in Judith A. McMorrow, The (F)Utility of Rules: Regulating Attorney Conduct in Federal Court Practice, 58 SMU L. Rev. 3 (2005)
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 David F. Herr, Annotated Manual for Complex Litigation (West Group, 4th ed., 2004).

Profile of Professor Solimine


Adam N. Steinman Assistant Professor of Law
Photo of Professor SteinmanAdam’s article, Reconceptualizing Federal Habeas Corpus for State Prisoners: How Should AEDPA's Standard of Review Operate after Williams v. Taylor?, 2001 Wisconsin L. Rev. 1493, was cited in Evan Tsen Lee, Section 2254(D) of the Federal Habeas Statute: Is It Beyond Reason? , 56 Hastings L.J. 283 (2005).

Profile of Professor Steinman


Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean TomainJoe is engaged with research, publishing, and teaching in the areas of government regulation and law and the humanities. In addition, he is actively involved with a number of local, state, and national organizations and bar associations. Joe serves either as an officer, chair, or member of the governing boards of such organizations as: the Knowledgeworks Foundation; the Greater Cincinnati Foundation, the Mercantile Library, the Ohio State Bar Foundation, the Ohio Legal Assistance Foundation, and the American Bar Association. He also serves as consultant to two universities and a law school in matters of ABA accreditation.

Several of Joe’s publications were cited in prestigious law reviews:
Analyzing Government Regulation, 49 Administrative L. Rev. 377 (1997) (with Sidney A. Shapiro), in Daphne Barak-Erez, The Role and Limit of Legal Regulation of Conflict of Interest (Part I): The Administrative Process as a Domain of Conflicting Interests, 6 Theoretical Inquiries L. 193 (2005).
The Past and Future of Electricity Regulation, 32 Envt’l. L. 435 (2002), in Shelley Ross Saxer, Government Power Unleashed: Using Eminent Domain to Acquire a Public Utility or Other Ongoing Enterprise, 38 Indiana L. Rev. 55 (2005).
Regulatory Law and Policy: Cases and Materials (LexisNexis, 3d ed. 2003) (with Sidney A. Shapiro), in Sidney A. Shapiro & Richard E. Levy, Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Due Process, 57 Administrative L. Rev. 107 (2005).

Profile of Dean Emeritus and Wilbert and Helen Ziegler Professor Tomain


Verna L. Williams Associate Professor of Law
Photo of Professor WilliamsVerna was quoted in UC Student Wins Law Fellowship, Cincinnati Enquirer, March 28, 2005, at 2.

Profile of Professor Williams


Ingrid Brunk Wuerth Associate Professor of Law
Photo of Professor WuerthIngrid participated in a panel on Executive Power in Wartime at the American Society of International Law Annual Meeting in Washington, D.C. (Her remarks will be published later this year in the Proceedings of the 99th Annual Meeting.

She also participated in a panel on The President and International Law at the Strategies for the War on Terrorism: Taking Stock Conference at Duke.

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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