Faculty News March 2010 Issue
Marjorie Corman Aaron
Professor of Practice and Director, Center for Practice
Marjorie presented the first half of the Making Mediators’ Workshop, a CLE program at the College for lawyers seeking to learn mediation skills and strategies. Her article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in John Lande & Jean R. Sternlight, The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio St. J. on Disp. Resol. 247 (2010); and Jeffrey B. Kindler, et al., Successful Partnering between Inside and Outside Counsel (West Group, 2010 Supp.).
Timothy K. Armstrong
Associate Professor of Law
Tim’s essay, Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, was accepted for publication in 26 Santa Clara Computer & High Tech. L.J. ____ (2010). He presented Everyone's an Archivist: Rights, Roles, and Access to Knowledge in a Digital Age at Indiana-Bloomington as part of the College’s Scholar Exchange Program.
Lin (Lynn) Bai
Assistant Professor of Law
Lynn published Deterring “Double-Play” Manipulation in Financial Crisis: Increasing Transaction Cost as a Regulatory Tool, 35 N.C. J. Int’l L. & Com. Reg. 137 (2009) (with Rujing Meng). She presented Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms’ Stock Price, Operating Performance and Bankruptcy Risk (with James D. Cox) at the Judicial Behavior Workshop at Duke.
Professor of Clinical Law
Marianna moderated a panel of local practitioners (Paul DeMarco, Pierre Bergeron, Jim Helmer) and Verna Williams, all of whom have argued cases before the U.S. Supreme Court, as part of The Judge-in-Residence program. She presented a Continuing Judicial Education program on the Most Important Cases of the 2008-09 Term of the Ohio Supreme Court to the Hamilton County Municipal Court Judges.
Marianna published another Legally Speaking column in the American Israelite and the Cincinnati Herald about whether a search warrant is needed to retrieve the data in a cellphone (State v. Smith, 2009-Ohio-6426).
Two of Lou’s articles were cited:
- Legitimating Death, 91 Mich. L. Rev. 1643 (1993), in Lee Kovarsky, Death Ineligibility and Habeas Corpus, 95 Cornell L. Rev. 329 (2010).
- The New Scrutiny, 51 Emory L.J. 481 (2002), in Curtis Waldo, Toys Are Us: Sex Toys, Substantive Due Process, and the American Way, 18 Colum. J. Gender & L. 807 (2009).
Charles Hartsock Professor of Law and Director, Corporate Law Center
Barbara’s article, Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), was cited in Michael J. Kaufman & John M. Wunderlich, The Unjustified Judicial Creation of Class Certification Merits Trials in Securities Fraud Actions, 43 U. Mich. J.L. Reform 323 (2010).
Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law
Paul’s TaxProf Blog was named one of the nation's top five tax and accounting blogs by the Wall Street Journal Digital Network. His TaxProf Blog post, Tax Court: Gender Reassignment Surgery Is a Deductible Medical Expense (But Not Breast Augmentation), was cited in Ryan J. Donmoyer, Sex-Change Operations Qualify for Tax Deductions, Court Rules, Bloomberg News, Feb. 2, 2010. He posted Ten Estate Planning Advantages of Limited Liability Companies and Estate and Gift Tax Problems of Principals and Agents Under Durable Powers of Attorney on SSRN.
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
- 7 issues of Tax Law & Policy (vol. 11, nos. 8-14)
- 3 issues of Practitioner Series (vol. 10, nos. 5-7)
- 2 issues of International & Comparative Tax (vol. 10, nos. 4-5)
Several of Paul’s articles were cited:
- Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2005) (with Bernard S. Black), in Nina A. Kohn & Edward D. Spurgeon, Elder Law Teaching and Scholarship: An Empirical Analysis of an Evolving Field, 59 J. Legal Educ. 414 (2010).
- The Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie, and Beyond, 71 Or. L. Rev. 781 (1992), in Verity Winship, Cooperative Interbranch Federalism: Certification of State-law Questions by Federal Agencies, 63 Vand. L. Rev. 181 (2010).
- Tax Myopia, or Mamas Don't Let Your Babies Grow Up to Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), in Todd S. Aagaard, Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, 95 Cornell L. Rev. 221 (2010).
- What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in Wendy Espeland & Michael Sauder, Rankings and Diversity, 18 S. Cal. Rev. L. & Soc. Just. 587 (2009).
Paul was quoted in:
- The K Street Kickback: The Giveaway That Reid Stripped From The Jobs Bill, The Huffington Post, Feb. 12, 2010.
- IRS Plane Bomber in a Long Line of Haters, Wall Street Journal Blog, Feb. 22, 2010.
Jacob Katz Cogan
Associate Professor of Law
Jacob published National Courts as Checks on Executive Power: A Response to Benvenisti and Downs, 20 Eur. J. Inter’l L. 1013 (2009).
Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic
Margaret spoke on the link between HIV and domestic violence at the two day conference hosted by the AIDS Coordinating Committee of the ABA in Orlando. She attended a meeting of the Civil Right to Counsel Workgroup at the ABA Mid-Year Meeting in Orlando.
Margaret Co-chaired a meeting of the Hamilton County Fatality Review Team. Her article, Lawyer Malpractice and Domestic Violence: Are We Revictimizing Our Clients?, 39 Fam. L.Q. 7 (2005), was cited in Nancy K. D. Lemon, A Transformative Process: Working as a Domestic Violence Expert Witness, 24 Berkeley J. Gender L. & Just. 208 (2009).
Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark’s article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005), was cited in Donald P. Cribari & Stephen J. Cribari, Speaking of Silence: A Reply to Making Defendants Speak, 94 Minn. L. Rev. 800 (2010). He presented Guilty Until Proven Innocent...DNA & the Innocence Project as part of Sunday Salons.
Mark was quoted in:
- 7 Months, Little Action, Columbus Dispatch, Feb. 5, 2010, at 1B.
- Kevin Keith Attorneys Still Fighting,Telegraph Forum (Bucyrus, OH), Feb. 4, 2010.
- Attorneys Still Working to Save Kevin Keith, Mansfield News Journal, Feb. 4, 2010.
Kenneth J. Hirsh
Director of the Law Library and Information Technology and Clinical Professor of Law
Ken participated as a guest panelist in the podcast, The Law Librarian on Blogtalk Radio.
Professor of Law and Criminal Justice
Christo's article, Eliminating Consent from the Lexicon of Traffic Stop Interrogations, 27 Cap. U.L. Rev. 79 (1998), was cited in Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law-Substance & Procedure (Thomson West, 3rd ed., 2010 Supp.). He was quoted in Hundreds Jailed on Clerks' Orders, Cincinnati Enquirer, Feb. 14, 2010, at A1.
Christo served as the judge in the Weaver Institute of Law and Psychiatry moot court, Is the Megabomber Competent?
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
Two of Bert’s articles were cited:
- Preliminary Thoughts Towards an International Convention on Terrorism, 68 Am. J. Int'l L. 69 (1974) (with Thomas M. Franck), in Michael A. Newton, Exceptional Engagement: Protocol I and a World United against Terrorism, 45 Tex. Int'l L.J. 323 (2010).
- The United Nations Charter and United States Civil Rights Litigation, 1946-1955, 69 Iowa L. Rev. 901 (1984), in Jane Dailey, Race, Marriage, and Sovereignty in the New World Order, 10 Theoretical Inquiries L. 511 (2009).
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy's article, Revisiting the Public/Private Distinction: Employee Monitoring in the Workplace, 32 Ga. L. Rev. 825 (1998), was cited in Charles R. Richey, Manual of Employment Discrimination and Civil Rights Actions in the Federal Courts (Clark Boardman Callaghan, 2010 Supp.).
James B. Helmer, Jr. Professor of Law
Brad served as a panelist with Deputy U.S. Solicitor General Edwin S. Kneedler at Georgetown on Environmental Protection in the Balance: Citizens, Courts & the Constitution, sponsored by UC-Berkeley’s Center for Law, Energy and the Environment, the Environmental Law Institute, and Georgetown. He debated Roger Pilon of the Cato Institute at Property Rights and the Environment at the College, sponsored by the Federalist Society and the Environmental Law Society).
Brad’s article, Protecting the Environment for Future Generations: A Proposal for a "Republican" Superagency, 5 NYU Envtl L.J. 444 (1996), was cited in Jonathan Remy Nash, Allocation and Uncertainty: Strategic Responses to Environmental Grandfathering, 36 Ecology L.Q. 809 (2009).
Assistant Professor of Law
Darrell presented Retail Rebellion and the Second Amendment at the University of St. Thomas School of Law (Minneapolis).
Director, Glenn M. Weaver Institute of Law and Psychiatry
Several of Doug’s articles were cited:
- Analyzing the Performance of Risk Assessment Instruments: A Response to Vrieze and Grove (2007), 32 L. & Hum. Behav. 279 (2008), in Justice Susan Glazebrook, Risky Business: Predicting Recidivism, 17 Psychiatry Psychol. & L. 88 (2010).
- Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Henny P. B Lodewijks, Corine de Ruiter, & Theo A. H. Doreleijers, The Impact of Protective Factors in Desistance from Violent Reoffending A Study in Three Samples of Adolescent Offenders, 25 J. Interpersonal Violence 568 (2010), and in Charlotte E. Rennie & Mairead C. Dolan, The Significance of Protective Factors in the Assessment of Risk, 20 Crim. Behav. & Mental Health 8 (2010).
- Evaluation and Optimization of Diagnostic Tests Using Receiver Operating Characteristic Analysis and Information Theory, 24 Int’l J. Biomedical Computing 153 (1989) (with Eugene Somoza & Luis Soutullo-Esperon), in Craig K. Abbey, Miguel P. Eckstein, & John M. Boone, An Equivalent Relative Utility Metric for Evaluating Screening Mammography, 30 Med. Decis. Making 113 (2010).
- Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Mark E. Oxley, Steven N. Thorsen, & Christine M. Schubert, The ROC Manifold of Fused Independent Classification Systems, 2009 FUSION:12TH International Conference on Information Fusion, 466, and in Bo Yang, The Extension of the Area under the Receiver Operating Characteristic Curve to Multi-class Problems, 2009 ISECS International Colloquium on Computing, Communication, Control, and Management 463.
- Veterans Affairs Disability Compensation: A Case Study in Countertherapeutic Jurisprudence, 24 Bull. Am. Acad. Psychiatry L. 27 (1996), in Lisa K. Richardson, B. Christopher Frueh, & Ronald Acierno, Prevalence Estimates of Combat-related Post-traumatic Stress Disorder: Critical Review, 44 Austl. & N.Z. J. Psychiatry 4 (2010).
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael joined in an amicus curiae brief of law professors filed in the U.S. Court of Appeals for the Ninth Circuit in Hepting v. AT&T Corp., No. 09-16676. The case concerns the constitutionality of federal legislation that gave retroactive immunity to telecommunications companies being sued for damages, for allegedly violating the constitutional rights of persons by aiding the government in electronic surveillance.
Several of his Michael’s were cited:
- Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in Felix Sparks, Jurisdiction and Arbitration Clauses in Maritime Transport Documents: A Comparative Analysis (Hamburg Studies in Maritime Affairs, Springer-Heidelberg 2010).
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in Richard A. Posner, From the New Institutional Economics to Organization Economics: With Applications to Corporate Governance, Government Agencies, and Legal Institutions, 6 J. Institutional Econ. 1 (2010); and Christoph Knill, et al., All Higher Administrative Courts are Equal?, 42 Die Verwaltung 55 (2009).
- 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 Geoffrey Miller, Preliminary Judgments, 2010 U. Ill. L. Rev. 165.
- State Court Regulation of Offers of Judgment and Its Lessons For Federal Practice, 13 Ohio St. J. Disp. Res. 51 (1997) (with Bryan Pacheco), in William P. Lynch, Rule 68 Offers of Judgment: Lessons from the New Mexico Experience, 39 N.M. L. Rev. 349 (2009).
Professor of Law
Several of Adam’s articles were cited:
- The Pleading Problem, 62 Stanford L. Rev. ___ (2010), in Edward A. Hartnett, Taming Twombly, Even after Iqbal, 158 U. Pa. L. Rev. 473 (2010); Suzette M. Malveaux, Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases, 14 Lewis & Clark L. Rev. 65 (2010); Suja A. Thomas, The New Summary Judgment Motion: The Motion to Dismiss under Iqbal and Twombly, 14 Lewis & Clark L. Rev. 15 (2010); Stephen I. Vladeck, National Security and Bivens after Iqbal, 14 Lewis & Clark L. Rev. 255 (2010); and Howard M. Wasserman, Iqbal, Procedural Mismatches, and Civil Rights Litigation, 14 Lewis & Clark L. Rev. 157 (2010).
- The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 144 (2006), in Elizabeth Schneider, The Changing Shape of Federal Civil Pretrial Practice..., 158 U. Pa. L. Rev. 517 (2010).
- What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?), 84 Notre Dame L. Rev. 245 (2008), in Edward A. Hartnett, Taming Twombly, Even after Iqbal, 158 U. Pa. L. Rev. 473 (2010).
Adam’s blog post, SCOTUS Cert Grant of Interest: Harrington v. Richter, was cited on SCOTUSblog.
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe’s chapter, Whither Natural Monopoly: The Case of Electricity, in The End of a Natural Monopoly: Deregulation and Competition in the Electric Power Industry, (Peter Z. Grossman & Daniel H. Coles, eds.) (2003), was cited in Rachel Warnick Petty, A Light in the Darkness: the Case for Judicial Antitrust Enforcement in the Electric Wholesale Industry, 5 Tex. J. Oil Gas & Energy L. 55 (2009-2010).
He has published:
- A chapterr The iUtility in Beyond Environmental Law: Policy Proposals for a Better Environmental Future (Cambridge University Press 2010).
- A chapter entitled Dirty Energy Policy in Climate Change: A Reader (Carolina Academic Press 2010).
- "Steel in the Ground:” Greening the Grid with the iUtility, 39 Envt’l L. 931 (2009).
He has also presented:
- Venture Regulation at Energizing the Future Conference, Wake Forest University, February 11, 2010.
- Ending Dirty Energy Policy at Graduate Student Seminar, Lewis & Clark Law School, March 3, 2010.
- Creon’s Ghost: Law, Justice and the Humanities at Faculty Colloquium, Lewis & Clark Law School, March 30, 2010.
- Venture Regulation at University of Toledo Law Review Symposium, March 26, 2010.
Professor of Law
UC President Williams appointed Verna to serve on the Provostal Search Committee. Verna served on a panel of local practitioners (Paul DeMarco, Pierre Bergeron, Jim Helmer), all of whom have argued cases before the U.S. Supreme Court, as part of The Judge-in-Residence program, moderated by Marianna Bettman.
Verna’s article, Reform or Retrenchment?: Single-Sex Education and the Construction of Race and Gender, 2004 Wis. L. Rev. 15, was cited in Frank Rudy Cooper, “Who's the Man?”: Masculinities Studies, Terry Stops, and Police Training, 18 Colum. J. Gender & L. 671 (2009).