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Faculty News
April 2006 Issue

Marjorie Aaron Professor of Practice and Director, Center for Negotiation & Problem Solving
Photo of Professor AaronMarjorie’s article, Dos and Don’ts for Mediation Practice, was reprinted in the ABA’s GP Solo Magazine, as part of a collection of the best articles in ABA publications from the previous year.

Marjorie organized a Mediation Apprenticeship Program, a four-seminar series in Advanced Mediation Practice for twenty-five participants.

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


Joseph Biancalana Professor of Law
Photo of Professor BiancalanaJoseph’s article, The Legal Framework of Arbitration in Fifteenth-Century England, was accepted for publication by the American Journal of Legal History.

Profile of Professor Biancalana


Lou Bilionis Dean and Nippert Professor of Law
Image of Dean BilionisLou’s article, The New Scrutiny, 51 Emory L.J. 481 (2002), was cited in Neelum J. Wadhwani, Rational Reviews, Irrational Results, 84 Tex. L. Rev. 801 (2006).

Profile of Dean Bilionis


Marianna Brown Bettman Invited Professor of Law
Photo of Professor BettmanMarianna’s monthly Legally Speaking column in the American Israelite and City Beat was The Legal Evolution of Intelligent Design, which discussed the decision declaring unconstitutional the Dover Pennsylvania School Board policy mandating the teaching of intelligent design unconstitutional. She was named Chair of the 2006 Tour of Downtown Living Committee.

Marianna chaired the local Truman Scholarship Committee, which awards scholarships to college juniors committed to public service. (The other committee members are the President of Mt. St. Joseph College, President of Miami University, Treasurer of the Commonwealth of Kentucky, and City of Cincinnati Council Member John Cranley.)

Profile of Professor Bettman


A. Christopher Bryant Professor of Law
Photo of Professor BryantChris’s article, Quirin Revisited, 2003 Wis. L. Rev.309 (with Carl Tobias), was cited in Melvyn R. Durchslag, The Supreme Court and the Federalist Papers: Is There Less Here than Meets the Eye?, 14 Wm. & Mary Bill Rts. J. 243 (2005).

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:
Law & Econ Prof Blog (Jagdeep Bhandari (Florida Coastal) & Tom Ulen (Illinois))
Unincorporated Business Law Prof Blog (Gregory Duhl (Southern Illinois))

Paul visited the University of Kansas School of Law as part of the ABA re-accreditation team chaired by Jon Vanat (UCLA).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com):
• 4 issues of Tax Law & Policy (vol. 7, nos. 8-11).
• 4 issues of Practitioner Series (vol. 6, nos. 7-10).
• 1 issue of International & Comparative Tax (vol. 6, no. 3) (co-edited with Robert A. Green (Cornell)).

Paul was quoted in an article in the Wall Street Journal, Picking the Best Tax Software, Mar. 8, 2006, at D-1.

Paul’s article, What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), was cited in Michael Sauder & Ryon Lancaster, Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools, 40 Law & Soc’y Rev. 105 (2006).

Profile of Professor Caron


Margaret B. Drew, Professor of Clinical Law
Director, Domestic Relations/Violence Clinic
Photo of Professor DrewMargaret presented:
Appeals in Domestic Violence Cases at a clearinghouse lawyer training meeting of the Florida Coalition Against Domestic Violence in Tampa, FL.
Discovery in Domestic Violence Cases as part of a nationwide teleconference training program.
Battered Immigrant Women as part of a panel discussion on Immigration and Cincinnati at the College of Law co-sponsored by the Diversity Committee and the Immigration and Nationality Law Review.
Attorneys' Obligation to Warn an Intended Victim of Domestic Violence or Stalking at The Future of the “Duty to Protect”: Scientific and Legal Perspective on Tarasoff's Thirtieth Anniversary Symposium, hosted by the Weaver Institute for Psychiatry and Law.

Profile of Professor Drew


Rafael Gely Professor of Law
Photo of Professor GelyRafael published The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Michael Solimine).

Several of Rafael’s articles were cited in prestigious law reviews:
Whose Team Are You On? My Team or My TEAM?: The NLRA's Section 8(a)(2) and the TEAM Act , 49 Rutgers L. Rev. 323 (1997), in Orly Lobel, Interlocking Regulatory and Industrial Relations: the Governance of Workplace Safety, 57 Admin. L. Rev. 1071 (1995).
Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, 20 Berkeley J. Emp. & Lab. L. 138 (1999) (with Leonard Bierman), in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West Group, 2006 Supp.).
What Law Schools Can Learn from Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Paul Caron), in Michael Sauder & Ryon Lancaster, Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools, 40 Law & Soc'y Rev. 105 (2006).

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 Godsey Mark gave a public address about the Innocence Project and the Clarence Elkins case at Hebew Union College. He also gave a public address at the Contemporary Arts Center regarding the exhibition, The Innocents, a group of photographs of wrongfully convicted individuals ultimately exonerated by Innocence Projects across the country. Mark attended the National Innocence Network Annual Conference at the University of Washington in Seattle, where he presented DNA for Dummies.

Mark testified before a subcommittee of the Ohio Senate in favor of a new post-conviction DNA testing bill for Ohio’s inmates who assert their innocence. Mark presented the committee with a written report setting forth seven suggested amendments to the law, and six of the seven recommendations by the Innocence Project were ultimately adopted by the subcomittee and then the full Senate. The bill is currently before the Ohio House of Representatives.

Mark was quoted regarding the Innocence Project's role in creating and amending the new bill in newspapers across the state of Ohio, and his testmony before the Senate was excerpted on television news programs across the state. Here is a sample of Mark’s media appearances:
Jurors Swept up in “CSI Effect” TV Makes Them Expect Too Much, Prosecutors Say TV Shows Inflate Their Expectations, Prosecutors Say, Cleveland Plain Dealer, Mar. 26, 2006, at A1.
Ohio Inmates May Get Second Chance with DNA Law; Bill Would Restore State-funded Testing, Cleveland Plain Dealer, Mar. 2, 2006, at B4.
Free at the CAC Tonite: Tour the Innocents, Learn about Ohio's Innocence Project, Blogs @ Cincinnati.Com - Art, Mar. 27, 2006.
Woman Didn't Kill Boyfriend: She Spent 13 Months in Jail to Protect Teenage Brother, Cincinnati Enquirer, Mar. 31, 2006.

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


Emily Houh Professor of Law
Photo of Professor HouhEmily published Toward Praxis, 39 U.C. Davis L. Rev. 905 (2006) (Symposium on The Future of Critical Race Feminism). She also:
• Was a panelist on Perspectives in Three Disciplines: Economics, Law, and Sociology at the Conference on Economic and Social Inequality: The Role of Race in Law, Markets, and Social Structures at Georgetown (co-sponsored by Georgetown and Harvard Law School's Charles Hamilton Houston Institute for Race and Justice).
• Presented Why Identity Matters in Bargaining Matters at the Conference on Power, Inequality and the Bargain – The Role of Bargaining Power in the Law of Contract at Michigan State.
• Moderated a panel discussion on Immigration and Cincinnati at the College of Law co-sponsored by the Diversity Committee and the Immigration and Nationality Law Review.

Profile of Professor Houh

Ann Hubbard Professor of Law
Image of Professor Hubbard Several of Ann’s articles were cited in prestigious law reviews:
The ADA, the Workplace and the Myth of the Dangerous Mentally Ill," 34 U.C. Davis L. Rev.849 (2001), and Understanding and Implementing the ADA's Direct Threat Defense, 95 Nw. U. L. Rev. 1279 (2001), in Elizabeth F. Emens, The Sympathetic Discriminator: Mental Illness, Hedonic Costs, and the ADA, 94 Geo. L.J. 399 (2006).
Meaningful Lives and Major Life Activities, 55 Alabama L. Rev. 997 (2004), in Michael Z. Green, Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-nots?, 26 Berkeley J. Emp. & Lab. L. 321 (2005).

Profile of Professor Hubbard


Christo Lassiter Professor of Law
Photo of Professor LassiterTwo of Christo’s articles were cited in prestigious sources:
Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U. L. Rev. 79 (1998), in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law (West Group, 2006 Supp.).
TV or Not TV - That is the Question?, 86 J. Crim. L. & Criminology 928 (1996), in Kevin F. O'Malley, et al., Federal Jury Practice and Instructions (West Group, 2006 Supp.).

Profile of Professor Lassiter


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

Photo of Professor LockwoodBert’s article, The United Nations Charter and United States Civil Rights Litigation, 1946-1955, 69 Iowa L. Rev. 901 (1984), was cited in Sarah H. Cleveland, Our International Constitution, 31 Yale J. Int’l L. 1 (2006).

Bert was quoted in "Not Perfect," Local Expert Says, Cincinnati Enquirer, Mar. 16, 2006, at 15A.

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


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

Photo of Professor MalloyBetsy organized The Future of the "Duty to Protect": Scientific and Legal Perspective on Tarasoff's Thirtieth Anniversary Symposium, hosted by the Weaver Institute for Psychiatry and Law.

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’s article, After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, was accepted for publication in the University of Colorado Law Review. He appeared on the Fox News program Hannity & Colmes on March 15, commenting on the eminent domain case in Norwood.

Several of Brad’s articles were cited in prestigious law reviews:
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), and Are Title VI's Disparate Impact Regulations Valid?, 71 U. Cin. L. Rev. 517 (2002), in Elizabeth Y. McCuskey, Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation, 8 U. Pa. J. Const. L. 143 (2006).
Can Congress Regulate Intrastate Endangered Species under the Commerce Clause? The Split in the Circuits over Whether the Regulated Activity Is Private Commercial Development or the Taking of Protected Species, 69 Brook. L. Rev. 923 (2004), in Paul Ziel, Interstate Commerce and Intrastate Endangered Species: The Controversy and the Need for Compromise, 2005 BYU J. Pub. L. 167.
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 Dan L. Gildor, Preserving the Priceless: A Constitutional Amendment to Empower Congress to Preserve, Protect, and Promote the Environment, 32 Ecology L.Q. 821 (2005).

Profile of Professor Mank


Donna M. Nagy Charles Hartsock Professor of Law
Photo of Professor NagyDonna presented Regulating the Mutual Fund Industry at a Symposium on New Models for Securities Law Enforcement at Brooklyn. Her article, Playing Peekaboo with Constitutional Law: The PCAOB and its Public/Private Status, 80 Notre Dame L. Rev. 975 (2005), was one of the ten articles selected for reprinting in the Securities Law Review 2006 (edited by Donald Langevoort (Georgetown)).

Donna’s article, The "Possession vs. Use" Debate in the Context of Securities Trading by Traditional Insiders: Why Silence can Never be Golden, 67 U. Cin. L. Rev. 1129 (1999), was cited in Brent A. Olson, Minnesota Practice Series - Business Law Deskbook (Thomson/West, 2006).

Profile of Professor Nagy


Michael E. Solimine Donald P. Klekamp Professor of Law, Director, Faculty Development, & Director, Extern Program
Photo of Professor SolimineMichael published The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely).

Several of Michael’s articles were cited in prestigious sources:
The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James L. Walker), in Nancy Staudt, Lee Epstein, Peter Wiedenbeck, René Lindstädt & Ryan J. Vander Wielen, Judging Statutes: Interpretive Regimes, 38 Loy. L.A. L. Rev. 1909 (2006).
Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George) in Kevin M. Scott, Understanding Judicial Hierarchy: Reversals and the Behavior of Intermediate Appellate Judges, 40 Law & Soc’y Rev. 163 (2006).
Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), and Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeal Under Rule 23(f), 41 Wm. & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines), in Alan Ides & Christopher N. May, Civil Procedure: Cases and Problems (Aspen, 2d ed. 2006).
Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Mich. L. Rev. 1463 (2003), in Michael S. Greve & Jonathan Klick, Preemption in the Rehnquist Court: A Preliminary Empirical Assessment, 14 Sup. Ct. Econ. Rev. 43 (2006).
Recalibrating Justiciability in Ohio Courts, 51 Cleve. St. L. Rev. 563 (2005), in Kathleen C. Engel, Do Cities Have Standing? Redressing the Externalities of Predatory Lending, 38 Conn. L. Rev. 355 (2006).
Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals under Rule 23(f), 41 Wm. & Mary L. Rev. 1531 (2000) (with Christine Oliver Hines) , in Michael Dore, Law of Toxic Torts (Thomson/West, 2006 Supp.).

Profile of Professor Solimine


Suja Thomas Professor of Law
Photo of Professor ThomasSuja’s article, Why Summary Judgment is Unconstitutional, was accepted for publication in the Virginia Law Review. The article has attracted enormous attention prior to publication, as it is the third most downloaded new paper on SSRN, as well as the most-downloaded papers in these SSRN journals:
Litigation & Procedure
Legal History
Constitutional Law

Two of Suja’s articles were cited in prestigious law reviews:
Judicial Modesty and the Jury, 76 U. Colo. L. Rev. 767 (2005), in J.J. Prescott & Sonja Starr, Improving Criminal Jury Decision Making after the Blakely Revolution, 2006 U. Ill. L. Rev. 301.
Re-Examining the Constitutionality of Remittitur under the Seventh Amendment, 64 Ohio St. L.J. 731 (2003), in Amanda Edwards, Medical Malpractice Non-economic Damages Caps, 43 Harv. J. on Legis. 213 (2006).

Profile of Professor Thomas


Joseph P. Tomain Dean Emeritus and Wilbert and Helen Ziegler Professor of Law
Photo of Dean Tomain Two of Joe’s articles were cited in prestigious sources:
Institutionalized Conflict between Law and Policy, 22 Hous. L.Rev. 661 (1985), in Charles H. Koch, Administrative Law and Practice (West, 2006 Supp.).
Land Use Mediation for Planners in Edward H. Ziegler, Jr. et al., The Law of Zoning and Planning (Clark Boardman Callaghan, 2006 Supp.).

Profile of Dean Emeritus and Wilbert and Helen Ziegler Professor Tomain


Verna L. Williams Associate Professor of Law
Photo of Professor WilliamsVerna attended a meeting sponsored by the Ford Foundation on the New Women’s Movement.

Profile of Professor Williams


Ingrid Brunk Wuerth Professor of Law
Photo of Professor WuerthIngrid’s article, The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War, 98 Nw. U. L. Rev. 1567 (2004), was cited in Carlton F.W. Larson, The Forgotten Constitutional Law of Treason and the Enemy Combatant Problem, 154 U. Pa. L. Rev. 863 (2006).

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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