Faculty News
Summer 2005 Issue
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| Marjorie
Aaron Professor of Practice
Director, Center for Negotiation & Problem Solving
Marjorie
published Finding Settlements with Numbers, Maps, and Trees, in The
Handbook of Dispute Resolution (Michael Moffitt & Robert Bordone
eds., Jossey Bass 2005), published by the Program on Negotiation at
Harvard Law School. She taught two courses at Hamline University School
of Law’s Dispute Resolution Institute: Representation in Mediation
and Decision Analysis.
Marjorie’s book chapter, Decision Analysis as a Method of
Evaluating the Trial Alternative, in Mediating Legal Disputes:
Effective Strategies for Lawyers and Mediators 307 (Dwight Golann ed., 1996), was cited in
Scott R. Belhorn, Settling
Beyond the Shadow of the Law: How Mediation Can Make the Most of Social
Norms,
20 Ohio St. J. on Dispute Resolution 981 (2005)
Profile of
Professor Aaron :: Center for Practice in Negotiation & Problem
Solving
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| Lou
Bilionis Dean and Nippert Professor of Law
Lou
joined us on July 1 as the 29th Dean of the College of Law:
• UC
Press Release
• Cincinnati
Enquirer
• Cincinnati
Post
Lou published two articles:
•
Conservative
Reformation, Popularization, and the Lessons of Reading Criminal
Justice as Constitutional Law, 52 UCLA L. Rev. 979 (2005)
•
Grand Centrism and the Centrist Judicial Personam, 83 N.C.
L. Rev. 1353 (2005)
Several of Lou’s articles were cited in prestigious
law reviews, including:
•
The New Scrutiny, 51 Emory L.J. 481 (2002), in G.
Edward White, Unpacking
the Idea of the Judicial Center,
83 North Carolina L. Rev. 1089 (2005), Christina E. Wells,
Fear
and Loathing in Constitutional Decision-Making, 2005
Wis. L. Rev. 115, Jennifer Dukart, Comment, Geduldig
Reborn: Hibbs as a Success (?) of Justice Ruth Bader Ginsburg’s
Sex-Discrimination Strategy, 93 California L. Rev. 541
(2005), and Kevin S. Schwartz, Note,
Applying Section 5: Tennessee
v. Lane and Judicial Conditions on the Congressional Enforcement
Power, 114 Yale L.J. 1133 (2005)
•
Process, the Constitution, and Substantive Criminal Law, 96
Michigan L. Rev. 1269 (1998), in Kyron Huigen, Solving
the Williams Puzzle,
105 Columbia L. Rev. 1048 (2005), and in Youngjae Lee, The
Constitutional Right against Excessive Punishment,
91 Virginia L. Rev. 677 (2005)
Profile
of Dean Bilionis
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| Paul
L. Caron Charles Hartsock Professor of Law
Director, Faculty Projects
Paul
completed two articles:
•
Dead
Poets and Academic Progenitors: The Next Generation of Law
School Rankings, 81 Ind. L.J. ___ (2005) (symposium)
(with Rafael Gely)
•
Ranking
Law Schools: Using SSRN to Measure Scholarly Performance,
81 Ind. L.J. ___ (2005) (symposium) (with Bernard S. Black)
He presented these papers as part of the College of Law's Summer Faculty Scholarship Series.
Foundation Press published another book in Paul’s
Law Stories Series :
Immigration
Stories, by David A. Martin (Virginia) & Peter H.
Schuck (Yale).
Paul’s TaxProf
Blog, which
he launched on April 15, 2004, received its 750,000th visitor.
He added several new blogs to his Law
Professor Blogs Network :
•
Business
Law Prof Blog, by Dale Oesterle (Ohio State)
•
Chinese
Law Prof Blog, by Donald C. Clarke (George Washington)
•
Clinical
Law Prof Blog, by Pamela R. Metzger (Tulane) & Katherine
Maris Mattes (Tulane)
•
Corporate
Compliance Prof Blog, by Paul R. McGreal (South Texas)
•
Elder
Law Prof Blog, by Kim Dayton (William Mitchell)
•
Environmental
Law Prof Blog, by Susan L. Smith (Willamette)
•
Family
Law Prof Blog, by Barbara Glesner Fines (Missouri-Kansas
City), Robert E. Oliphant (William Mitchell) & Nancy
Ver Steegh (William Mitchell)
•
Leiter's Law
School Reports, by Brian R. Leiter (Texas)
Paul published several issues of his Tax
Law Abstracts e-journals:
•
11 issues of Tax Law & Policy (vol. 6, nos. 20-30)
• 11 issues of Practitioner Series (vol. 5, nos. 20-30).
•
3 issue of International & Comparative Tax (vol. 5, no.
8-10) (co-edited with Robert A. Green (Cornell))
Paul attended a meeting of the Board of Directors of CALI – The
Center for Computer-Assisted Legal Instruction, held in conjunction
with the CALI
Conference on Law School Computing in Chicago.
Paul’s book, Federal Income Tax Anthology (Anderson,
1997) (with Karen C. Burke (San Diego) & Grayson M.P.
McCouch (San Diego)), was cited in David A. Weisbach, The
(Non)Taxation of Risk,
58 Tax L. Rev. 1 (2004).
Profile
of Professor Caron
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| Rafael Gely Professor of
Law
Rafael
completed several articles:
•
Dead
Poets and Academic Progenitors: The Next Generation of
Law School Rankings, 81 Ind. L.J. ___ (2005) (symposium)
(with Paul L. Caron)
• Supreme Court and DIG: A Legal and Empirical
Analysis (with Michael Solimine)
• Workers Blogging (with Leonard Bierman).
Rafael presented the first two of these articles as part
of the College of Law's Summer Faculty Scholarship
Series.
Several of Rafael’s articles were cited in prestigious
law reviews, including:
•
Congressional Control or Judicial Independence: The Determinants
of U.S. Supreme Court Labor-Relations Decisions, 1949-1988, 23
RAND J. Economics 463 (1992) (with Pablo T. Spiller), in
Mark J. Roe, Delaware's
Politics , 118 Harvard L. Rev. 2491
(2005), Jeffrey A. Segal & Chad
Westerland, The
Supreme Court, Congress, and Judicial Review,
83 North Carolina L. Rev. 1323 (2005), and Lawrence Baum,
Popular
Justice: Presidential Prestige and Executive Success in the
Supreme Court, 45 Jurimetrics J. 367
(2005)
•
“Love, Sex and Politics? Sure. Salary? No Way”:
Workplace Social Norms and the Law, 25 Berkeley J. Emp. & Labor
L. 167 (2004) (with Leonard Bierman), in Tristin K. Green,
Work Culture and Discrimination,
93 California L. Rev. 623 (2005), and Matthew A. Edwards, The
Law and Social Norms of Pay Secrecy, 26 Berkeley J. Emp. & Labor L. 41 (2005)
•
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 Jeffrey A. Segal & Chad
Westerland, The
Supreme Court, Congress, and Judicial Review,
83 North Carolina L. Rev. 1323 (2005), Lawrence Baum, Popular
Justice: Presidential Prestige and Executive Success in the
Supreme Court,
45 Jurimetrics J. 367 (2005), and David Landau, The Two Discourses
in Colombian Constitutional Jurisprudence: A New Approach
to Modeling Judicial Behavior In Latin America, 37 George
Washington Int’l L. Rev. 687 (2005)
Profile
of Professor Gely
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| Mark
A. Godsey Associate Professor of Law
Faculty Director, Lois and Richard Rosenthal Institute
for Justice, Ohio Innocence Project
Mark’s
article, Reformulating
the Miranda Warnings in Light of Contemporary Law and Understandings,
was accepted for publication in the Minnesota Law Review.
He has been invited to present the article this fall at
the University
of Florida College of Law and
The
Ohio State University College of Law.
Mark presented The DNA Revolution and Criminal Justice
Reform as part of the College of Law's Summer
Faculty Scholarship Series.
Mark’s article, Rethinking the Involuntary Confession
Rule: Toward a Workable Test for Identifying Compelled
Self-Incrimination, 93 California L. Rev. 465 (2005), was:
•
Excerpted at length in a leading criminal procedure textbook,
Modern Criminal Procedure: Cases, Comments, and Questions, by Yale Kamisar, et. al. (West Group, 11th ed. 2005)
•
Featured and summarized in The
Champion, the national trade
magazine of the National Association of Criminal Defense
Attorneys.
Several of Mark’s articles were cited in prestigious
law reviews, including:
•
Miranda’s Final Frontier – The International
Arena: A Critical Analysis of United States v. Bin Laden,
and a Proposal for a New Miranda Exception Abroad, 51
Duke L.J. 1703 (2002), in Kermit Roosevelt, Guantanamo
and the
Conflict of Laws: Rasul and Beyond,
153 Univ. Pennsylvania L. Rev. 2017 (2005), and in Kal Raustiala,
The Geography of Justice, 73 Fordham L. Rev. 2501 (2005)
•
The New Frontier of Constitutional Confession Law – The
International Arena: Exploring the Admissibility of Confessions
Taken by U.S. Investigators from Non-Americans Abroad , 91
Georgetown L.J. 851 (2003), in John T. Parry, Constitutional
Interpretation, Coercive Interrogation, and Civil Rights
Litigation After Chavez v. Martinez,
39 Ga. L. Rev. 733 (2005)
•
When Terry Met Miranda: Two Constitutional
Doctrines Collide, 63 Fordham L.
Rev. 715 (1994), in Shelli
Calland, Hiibel v. Sixth Judicial District Court: Stop and
Identify Statutes
Do Not Violate the Fourth or Fifth Amendments, 40 Harv.
C. R. & C.L . L. Rev 251 (2005).
•
The Innocence Revolution and Our “Evolving Standards
of Decency” in Death Penalty Jurisprudence, 29
Univ. Dayton L. Rev. 265 (2004) (with Thomas Pulley), in
Carol
S. & Jordan M. Steiker, The
Seduction of Innocence: The Attraction and Limitations of
the Focus on Innocence in Capital
Punishment Law and Advocacy, 95 J. Criminal L. & Criminology
587 (2005)
Profile
of Professor Godsey :: Lois
and Richard Rosenthal Institute for Justice/Ohio Innocence
Project
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| Ann
Hubbard Professor of Law
Ann
joined us on July 1. Several of her articles were cited
in prestigious law reviews, including:
•
The ADA, the Workplace, and the Myth of the “Dangerous
Mentally Ill,” 34 U.C. Davis L. Rev. 849 (2001),
and Meaningful Lives and Major Life Activities, 55
Ala. L. Rev. 997 (2004), in Kelly Cahill Timmons, Accommodating
Misconduct Under the Americans with Disabilities Act, 57
Fla. L. Rev. 187 (2005)
•
Meaningful Lives and Major Life Activities, 55
Ala. L. Rev. 997 (2004), in Carlos A. Ball, Looking
for Theory
in All the Right Places: Feminist and Communitarian Elements
of Disability Discrimination Law, 66 Ohio St. L.J.
105 (2005)
•
The Major Life Activity of Belonging, 39 Wake
Forest L. Rev.215 (2004), in Wendy F. Hensel, The
Disabling Impact
of Wrongful Birth and Wrongful Life Actions, 40 Harv.
C.R.-C.L. L. Rev. 141 (2005)
Profile
of Professor Hubbard
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| Bradford C. Mank James
B. Helmer Jr. Professor of Law
Brad
completed an article, Prudential Standing and the Dormant
Commerce Clause: Why the “Zone of Interests” Test
Should Not Apply to Constitutional Cases. He was elected
co-chair of the Cincinnati Environmental Advisory Council,
which advises the City Council, City Manager and City Departments
regarding environmental issues. Brad was quoted in Property
Seizure Legal, Cincinnati Post, June 24, 2005
Several of Brad’s articles were cited in prestigious
law reviews, including:
•
Can Congress Regulate Interstate Endangered Species under
the Commerce Clause? The Split in the Circuits over Whether
the Regulated Activity is Private Commercial Development
or the Taking of a Protected Species, 69 Brooklyn L.
Rev. 923 (2004), in John S. Baker, Jr., Jurisdictional
and Separation of Powers Strategies to Limit the Expansion
of Federal Crimes, 54 American Univ.
L. Rev. 545 (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 James J. Brudney & Corey Ditslear, Canons
of Construction and the Elusive Quest for Neutral Reasoning,
58 Vanderbilt L. Rev. 1 (2005)
•
Using § 1983 to Enforce Title VI's Section 602 Regulations,
49 Univ. Kansas L. Rev. 321 (2001), and Are Anti-Retaliation
Regulations in Title VI or Title IX Enforceable in a Private
Right of Action: Does Sandoval or Sullivan Control
This Question?, 35 Seton Hall L.
Rev. 47 (2004), in David S. Cohen, Title
IX: Beyond Equal Protection, 28 Harvard
J. L. & Gender 217 (2005).
Profile
of Professor Mank
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| Donna
M. Nagy Charles Hartsock Professor of Law
Donna
chaired a panel on Emerging Trends in Corporate Governance
and Corporate Social Responsibility at the Annual Meeting
of the Law & Society Association in Las Vegas. She
attended a workshop on Globalizing the Law School Curriculum
at the University of the Pacific, McGeorge School of Law.
Several of Donna’s articles were cited
in prestigious sources, including:
•
Judicial Reliance on Regulatory Interpretations in SEC
No-Action Letters: Current Problems and a Proposed Framework, 83
Cornell L. Rev. 921 (1998), in Jerry L. Mashaw, Norms,
Practices, and the Paradox of Deference: A Preliminary Inquiry
into
Agency Statutory Interpretation, 57 Administrative
L. Rev. 501 (2005)
•
The “Possession vs. Use” Debate in the Context
of Securities Trading by Traditional Insiders: Why Silence
Can Never be Golden, 67 Univ. Cincinnati L. Rev. 1129
(1999), and Reframing the Misappropriation Theory of
Insider Trading Liability: A Post-O’Hagan Suggestion, 59
Ohio St. L.J. 1223 (1998), in Thomas Lee Hazen, Law
of Securities Regulation (West Group,
5th ed. 2005), and Donald C. Langevoort & G. Mitu Gulati,
The
Muddled Duty to Disclose under Rule 10b-5,
57 Vanderbilt L. Rev. 1639 (2004)
Profile
of Professor Nagy
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| Michael
E. Solimine Associate Dean for Faculty Development,
Donald P. Klekamp Professor of Law
and Director, Extern Program
Michael
was appointed Associate
Dean for Faculty Development, succeeding Donna M. Nagy.
Michael published a case book, Appellate
Practice and Procedure: Cases and Materials (West Group, 2d ed. 2005) (with Emeritus UC Professor Robert
J. Martineau, Virginia Professor Kent Sinclair & Delaware
Supreme Court Justice Randy Holland).
Michael completed two articles:
• Due Process and En Banc Decision Making, 47 Ariz. L. Rev.
___ (2005) (symposium)
•
Supreme Court and DIG: A Legal and Empirical Analysis (with
Rafael Gely)
Michael presented the latter article as part of the College of Law's Summer Faculty Scholarship Series.
Several of Michael’s articles were cited in prominent
hornbooks and casebooks, including:
•
Jack H. Friedenthal, Mary Kay Kane & Arthur H. Miller,
Civil Procedure (West 4th ed. 2005), citing Revitalizing
Interlocutory Appeals in the Federal Courts, 58 George Washington
L. Rev. 1165 (1990)
•
Richard D. Freer & Wendy Collins Perdue, Civil Procedure (LexisNexis, 4th ed. 2005), citing Revitalizing
Interlocutory Appeals in the Federal Courts; The Quiet Revolution
in Personal
Jurisdiction, 73 Tulane L. Rev. 1(1998); and Deregulating
Voluntary Dismissals, 32 Univ. Michigan J. L. Ref. 367 (2003)
(with Amy Lippert)
•
Richard H. Fallon, Jr., Daniel J. Meltzer & David L.
Shapiro, Hart & Wechsler’s The Federal Courts and
the Federal System (Foundation Press, 2005 Supp.), citing
Formalism, Pragmatism, and the Conservative Critique
of the Eleventh Amendment, 101 Michigan L. Rev. 1463 (2003)
•
Peter W. Low & John C. Jeffries, Federal Courts and
the Law of Federal-State Relations (Foundation Press,
2005 Supp.), citing Formalism, Pragmatism, and the Conservative
Critique of the Eleventh Amendment, 101 Mich. L. Rev.1463
(2003) (reviewing John T. Noonan, Narrowing the Court's
Power: The Supreme Court Sides with the States (2002)).
Several of Michael’s articles also were cited in prestigious
law reviews, including:
•
Competitive Federalism and Interstate Recognition of
Marriage, 32 Creighton L. Rev. 83
(1998), in Linda Silberman, Same-Sex
Marriage: Refining the Conflict of Laws Analysis,
153 Univ. Pennsylvania L. Rev. 2195 (2005)
•
Constitutional Litigation in Federal and State Courts:
An Empirical Analysis of Judicial Parity, 10 Hastings
Const’l
L.Q. 213 (1983) (with James L. Walker), and Rethinking
Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan
Wheatley), in Frank B. Cross, Gay
Politics and Precedents, 103 Michigan
L. Rev. 1186 (2005)
•
Rethinking Feminist Judging, 70 Indiana L.J. 891
(1995) (with Susan Wheatley), in Jennifer L. Peresie, Note,
Female
Judges Matter: Gender and Collegial Decisionmaking in the
Federal
Appellate Courts,
114 Yale L.J. 1759 (2005)
•
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 Debra Lyn Bassett, Recusal
and the Supreme Court, 56 Hastings L.J. 657 (2005)
•
An Economic and Empirical Analysis of Choice of Law, 24 Georgia L.
Rev. 49 (1989), in Erin Ann O’Hara, Choice
of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection,
153 Univ. Pennsylvania L. Rev. 1883 (2005)
•
Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101
Michigan L. Rev. 1463 (2003), in Richard H. Seamon, Slaying
the Dying Dragon of State Sovereignty, 66 Univ. Pittsburgh L. Rev. 321
(2005)
•
Judicial Influence: A Citation Analysis of Federal Court of Appeals Judges, 27
J. Legal Studies 271 (1998) (with William M. Landes & Lawrence Lessig),
in Stephen J. Choi & G. Mitu Gulati, Mr.
Justice Posner? Unpacking the Statistics, 61 N. Y. U. Annual Survey American
L. 19 (2005)
•
Revitalizing Interlocutory Appeals in the Federal Courts, 58 George
Washington L Rev 1165 (1990), in Leah Epstein, A
Balanced Approach to Mandamus Review of Attorney Disqualification Orders,
72 Univ. Chicago L. Rev. 667 (2005)
Profile
of Professor Solimine
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| Joseph
P. Tomain Dean Emeritus and Wilbert and Helen
Ziegler Professor of Law
Joe
spent the summer teaching in Tuscany, working for the ABA
in Beijing, and studying and writing in Santa Fe.
•
In Tuscany, under the auspices of the Justice
Institute for the Legal Profession, Joe co-taught (with Professor Cioffi)
a seminar for experienced lawyers and judges entitled Law,
Culture, and Justice, which included a walking tour of Florence
•
In Beijing, Joe served as site inspector for the ABA Section
on Legal Education and Admissions to the Bar reviewing the
China Program conducted by Indiana University-Indianapolis
School of Law
•
In Santa Fe, Joe took three courses at St. John’s College
and drafted a chapter of his book, Creon’s Ghost, concerning
Machiavilli’s The Prince
Joe published:
•
Junk
Economics, 93 Georgetown L.J. 698 (2005) (reviewing Hank
Ackerman & Lisa
Heinzerling, Priceless: Unknowing the Price of Everything
and the Value of Nothing)
•
Rethinking
Reform of Electricity Markets,
40 Wake Forest L. Rev. 497 (2005) (with Sidney A. Shapiro
(Wake Forest)).
Joe was elected Chair of the Board of Trustees of Student
Lending Works, Inc., and Chair of the Board of Trustees of
Knowledge Funding Ohio, Inc.
Profile
of Dean Emeritus and Wilbert and Helen Ziegler Professor
Tomain
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| Verna
L. Williams Associate
Professor of Law
Verna
completed an article, Private Choices, Public Consequences:
Examining Education Reform through a Feminist Lens. She
presented Feminist Legal Advocacy as part of the College of Law's Summer Faculty Scholarship Series.
Verna’s article, Reform or Retrenchment? Single-Sex
Education and the Construction of Race and Gender, 2004
Wisconsin L. Rev. 15, was cited in Paul Horwitz, Grutter’s
First Amendment,
46 Boston College L. Rev. 461 (2005), and Judith Resnik,
Living Their Legal Commitments: Paideic Communities, Courts,
and Robert Cover, 17 Yale J.L. & Human. 17 (2005).
Profile
of Professor Williams
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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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