Law School

Marjorie Corman Aaron
Professor of Clinical Law, Center for Practice in Negotiation and Problem Solving

Marjorie taught:

• Two CLE workshops through her Center for Practice on Decision Analysis for Lawyers
• A course on Decision Analysis at North Carolina Central State University

Marjorie appeared on NPR's Marketplace Report in a segment on Selling Suits is Rewarding.

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

Timothy K. Armstrong
Assistant Professor of Law

The Provost has approved Tim's reappointment as Assistant Professor of Law for a term of three years.

Tim presented Crowd-Sourcing and Open Access at the CALI Conference on Transforming Legal Education at the University of Maryland School of Law. He completed the project discussed at the conference, involving the digitizing of a critical portion of the legislative history for the Copyright Act of 1976.

Tim presented Can Authors Shrink the Public Domain? as part of the 12th Annual UC Faculty Summer Scholarship Series.

Tim's article, Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), was cited in Jon M. Garon, What if DRM Fails?: Seeking Patronage in the iWasteland and the Virtual O, 2008 Mich. St. L. Rev. 103; and Christina M. Mulligan, Perfect Enforcement of Law: When to Limit and When to Use Technology, 14 Rich. J.L. & Tech. 13 (2008).

Tim's article, Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), was cited in James T. O'Reilly, Losing Deference in the FDA's Second Century: Judicial Review, Politics, and a Diminished Legacy of Expertise, 93 Cornell L. Rev. 939 (2008); Paul Horwitz, Three Faces of Deference, 83 Notre Dame L. Rev. 1061 (2008); William N. Eskridge, Jr., Vetogates, Chevron, Preemption, 83 Notre Dame L. Rev. 1441 (2008); and Thomas W. Merrill, Preemption and Institutional Choice,102 Nw. U. L. Rev. 727 (2008).

Profile of Professor Armstrong

Lin (Lynn) Bai
Assistant Professor of Law

Lynn presented Sustaining Intervention—A Reflection on the Ten-Year Anniversary of the Hong Kong Government's Controversial Stock Market Support Measures as part of the 12th Annual UC Faculty Summer Scholarship Series.

Profile of Professor Bai

Marianna Brown Bettman
Professor of Clinical Law

Marianna received a 2008 Foot Soldiers in the Sands Award from the NAACP during its national convention in Cincinnati. The award "honors attorneys who have gone above and beyond the call of duty on behalf of the Association and its civil rights agenda."

She published columns on punitive damages in the Exxon Valdez oil spill case and on whether gestational surrogacy contracts violate Ohio public policy in the American Israelite and the Cincinnati Herald.

Two of Marianna's appellate opinions were cited in recent Ohio Supreme Court cases:

• In Re Howard, 119 Ohio App.3d 201 (1997), in In Re C.S., 2007 Ohio 4919.
• Lewis v. Star Bank, N.A., Butler Cty, 90 Ohio App.3d 709 (1993), in Shoemaker v. Gindlesberger, 2008 Ohio 2012.

Marianna made a presentation on Punitive Damages to the 34th Annual Federal Law Seminar at Miami University.

She assisted Nancy Oliver, Interim Associate Dean, planning and arranging panelists for the Professionalism panel during Introduction to Law week, and she chaired the panel.

Profile of Professor Bettman

Lou Bilionis
Dean and Nippert Professor of Law

Two of Lou's article's were cited:

• Moral Appropriateness, Capital Punishment, and the Lockett Doctrine, 82 J. Criminal L. & Criminology 283 (1991), in Kyle Graham, Tactical Ineffective Assistance in Capital Trials, 57 Am. U. L. Rev. 1645 (2008).
• Process, the Constitution, and Substantive Criminal Law, 96 Mich. L. Rev. 1269 (1998), in Martin H. Gardner, Rethinking Robinson v. California in the Wake of Jones v. Los Angeles: Avoiding the "Demise of the Criminal Law" by Attending to"Punishment", 98 J. Crim. L. & Criminology 429 (2008).

Profile of Dean Bilionis

Barbara Black
Charles Hartsock Professor of Law and Director, Corporate Law Center

Barbara's article, Perceptions of Fairness of Securities Arbitration: An Empirical Study, was reprinted in Securities Arbitration 2008 (PLI). The scholarly version of the article, When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, will be featured at the poster session at the Cornell Empirical Legal Studies Conference on September 12-13 and will be published in the Journal of Dispute Resolution.

Barbara published a commentary on Minor Myers, The Decisions of Special Litigation Committees: An Empirical Investigation, as part of the Fourth Annual Conglomerate Junior Scholars Workshop.

Several of Barbara's publications were cited:

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Richard A. Boothe, Financing the Corporation (Clark Boardman Callaghan, 2008 Supp.).
• Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill Gross), in Christopher R. Drahozal, Arbitration Costs and Forum Accessibility: Empirical Evidence, 41 U. Mich. J.L. Reform 813 (2008); and Recent Proposed Legislation, 121 Harv. L. Rev. 2262 (2008).
• 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), in Donna Nagy, Richard W. Painter & Margaret V. Sachs, Securities Litigation and Enforcement: Cases and Materials (West, 2d. ed. 2008 Supp.)
• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), in Donald C. Langevoort, Editor's Introduction, Securities Law Review (Clark Boardman Callaghan, 2008).
• A letter of Barbara's (with Jill Gross and Bob Kim), in William M. Prifti, Securities: Pub. & Priv. Offerings (Clark Boardman Callaghan, Securities Law Series, 2008 Supp.).

Second year students, Jeffrey Hicks and Nicholas Schwandner worked for the Corporate Law Center this summer and conducted an analysis of business and commercial cases filed in Hamilton County for the Ohio Supreme Court Taskforce on Commercial Dockets

Profile of Professor Black

Michelle Bradley
Associate Professor of Legal Research and Writing

The Provost has approved Michelle's promotion to the rank of Associate Professor of Legal Research and Writing and reappointment for a three-year term.

Profile of Professor Bradley

A. Christopher Bryant
Professor of Law

Chris presented United States Supreme Court Review to the Cincinnati Lawyers Chapter of the Federalist Society. He recorded a podcast for the Federalist Society on the Supreme Court's decision in United States v. Santos.

Chris presented Legislative Facts in Constitutional Adjudication as part of the 12th Annual UC Faculty Summer Scholarship Series.

Two of Chris's articles were cited:

• 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), in Kristen Clarke, The Congressional Record Underlying the 2006 Voting Rights Act: How Much Discrimination Can the Constitution Tolerate?, 43 Harv. C.R.-C.L. L. Rev. 385 (2008).
• Retroactive Application of "New Rules" and the Antiterrorism and Effective Death Penalty Act, Geo. Wash. L. Rev. 1 (2002), in Brian R. Means, Federal Habeas Manual (Thomson West, 2008).

Profile of Professor Bryant

Paul L. Caron
Associate Dean of Faculty and Charles Hartsock Professor of Law

Paul's article, The Estate Tax Non-Gap: Why Repeal a "Voluntary" Tax (with Jim Repetti), was accepted for publication in the Stanford Law & Policy Review.

Paul taught Tax I at the University of San Diego School of Law as a Visiting Professor of Law.

Paul presented The Story of Murphy: A New Front in the War on the Income Tax as part of the 12th Annual UC Faculty Summer Scholarship Series.

Paul's TaxProf Blog was named:

• A Top 50 Law School Blog.
• A Top 100 Law and Lawyer Blog.
• The Seventh Most Heavily Trafficked Law Professor Blog.

Paul launched a new blog as part of his Law Professor Blogs Network: International Law Prof Blog, edited by Mark Wojcik (John Marshall), Cindy Galway Buys (Southern Illinois) & Michael Peil (Washington University).

Paul published several issues of his Tax Law Abstracts e-journals:

• 14 issues of Tax Law & Policy (vol. 9, nos. 19-32).
• 2 issues of Practitioner Series (vol. 8, nos. 16-17).
• 7 issues of International & Comparative Tax (vol. 8, nos. 13-19) (with Robert A. Green (Cornell).

Several of Paul's books and articles were cited:

• Tax Stories (Foundation Press, 2003), in Ajay K. Mehrotra, Mergers, Taxes, and Historical Materialism, 83 Ind. L.J. 881 (2008); and Anthony Rickey, Loving Couples, Split Interests: Tax Planning in the Fight to Recognize Same-sex Marriage 23 Berkeley J. Gender L. & Just. 145 (2008).
• Ranking Law Schools: Using SSRN to Measure Scholarly Performance, 81 Ind. L.J. 83 (2005) (with Bernard S. Black), and What Law Schools Can Learn From Billy Beane and the Oakland Athletics, 82 Tex. L. Rev. 1483 (2004) (with Rafael Gely), in Andrew P. Morriss & William D. Henderson, Measuring Outcomes: Post-Graduation Measures of Success in the U.S. News & World Report Law School Rankings, 83 Ind. L.J. 791 (2008); Michael Sauder, Interlopers and Field Change: The Entry of U.S. News into the Field of Legal Education, 53 Adm. Science Q. 209 (June 2008); and James T. O'Reilly, Losing Deference in the FDA's Second Century: Judicial Review, Politics, and a Diminished Legacy of Expertise, 93 Cornell L. Rev. 939 (2008).
• New Decision Further Clouds Deductibility of Expenses during Administration, 11 Est. Plan. 164 (1984), in George Gleason Bogert, et al., The Law of Trusts and Trustees (West, 2008).

Profile of Professor Caron

Jacob Katz Cogan
Assistant Professor of Law

The Provost has approved Jacob's reappointment as Assistant Professor of Law for a term of three years.

Jacob presented Representation and Power in International Organization: The Current Constitutional Crisis as part of the 12th Annual UC Faculty Summer Scholarship Series.

Jacob's article, Competition and Control in International Adjudication, 48 Va. J. Int'l L. 411 (2008), was cited in David Zaring, Rulemaking and Adjudication in International Law, 46 Colum. J. Transnat'l L. 563 (2008).

Jacob's blog post, Ecuador's Notification Pursuant to Article 25(4) of the ISCID Convention, International Law Reporter (Dec. 16, 2007), was cited in Kevin T. Jacobs & Matthew G. Paulson, The Convergence of Renewed Nationalization, Rising Commodities, and "Americanization" in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses, 43 Tex. Int'l L.J. 359 (2008).

Profile of Professor Cogan

Margaret Drew
Associate Professor of Clinical Law and Director, Domestic Violence and Civil Protection Order Clinic

As Interim Chair, Margaret presided over a meeting of the Hamilton County Fatality Review Team. She attended the General Assembly and Annual Luncheon of the National Association of Women Lawyers in New York City.

As co-chair of its amicus committee, Margaret organized an amicus brief filed on behalf of the National Association of Women Lawyers in the Supreme Court case of Fitzgerald v. Barnstable County. The brief, drafted primarily by Joanne Hodge (John Marshall School of Law), supports petitioner's position that a Title IX claim does not preclude the filing of a Section 1983 claim.

Margaret attended the ABA Annual Meeting in New York City. As special advisor to the ABA's Commission on Domestic Violence, she participated in the Commission's meeting as well as in a meeting of the Prevention Committee, which she co-chairs.

Profile of Professor Drew

Thomas Eisele
Professor of Law

Tom's book, Bitter Knowledge: Learning Socratic Lessons of Disillusion and Renewal, was accepted for publication by the University of Notre Dame Press.

Profile of Professor Eisele

Mark A. Godsey
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Mark and nine 2Ls, along with '06 UC Law and OIP alum Michele Berry, drafted legislation containing four significant reforms to curb the number of wrongful convictions in Ohio. These reforms include a DNA preservation law, a requirement that detectives videotape interrogations, eyewitness identification reforms, and expansions to the OIP-drafted DNA testing law that was enacted in 2006. The bill, which is being promoted by former Attorney General Jim Petro, and sponsored by Bill Seitz (R-Cincinnati) and David Goodman (R-Columbus), was introduced into the General Assembly in August at a press conference at which Mark and recent OIP exoneree Robert McClendon spoke. Mark also spoke in favor the bill at the Ohio Prosecutors Association meeting at Cedar Point, and will promote the bill at the Buckeye Sherrif's Association meeting in September in Columbus.

Mark accepted an invitation to speak at the annual conference of the UK Innocence Project, to be held this October in Cardiff, Wales. While there, Mark will meet with criminal law faculty from Cardiff Law School and other law schools around the UK to discuss his confession law scholarship.

Mark presented The Ohio Innocence Project as part of the 12th Annual UC Faculty Summer Scholarship Series.

Two of Mark's articles were cited:

• Going Home to Stay: A Review of Collateral Consequences of Conviction, Post-Incarceration Employment, and Recidivism in Ohio, 36 U. Tol. L. Rev. 525 (2005) (with Marlaina Freisthler), in Jessica R. Lonergan, Protecting the Innocent: A Model for Comprehensive, Individualized Compensation of the Exonerated,11 N.Y.U. J. Legis. & Pub. Pol'y 405 (2008).
• Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006), in Andrew V. Jezic, Frank Molony, & William E. Nolan, Maryland Law of Confessions (Thomson West, 2008 Supp.).

Mark and the Ohio Innocence Project were featured in a number of media reports over the summer:

• A Guilty Plea Closes the Final Chapter on a Book of Horrors, Dayton Daily News, Aug. 24, 2008, at A6.
• Author of State DNA Testing Law Wants to Expand it, Columbus Dispatch, Aug. 21, 2008, at 04B.
• Bill Seeks to Preserve Crime DNA, Cincinnati Enquirer, Aug. 21, 2008, at 1B.
• New Bill Would Expand DNA Testing for Convicts, Columbus Dispatch, Aug. 17, 2008, at 01A.
• Judge Frees Ohio Man after DNA Test, Mobile Register (Alabama), Aug. 12, 2008, at A3.
• VIDEO: See How UC Students Helped Free Innocent Man Who Spent 18 Years in Prison, UC News, Aug. 12, 2008.
• Hello Freedom: Robert McClendon Rejoins His Family as a Free Man, Columbus Dispatch, Aug. 12, 2008.
• WCPO Channel 9 News Report on the Release of Robert McClendon, Aug. 11, 2008.
• Judge Orders Columbus Man Freed from Prison after DNA Tests, Columbus Dispatch, Aug. 11, 2008.
• DNA Test May Free Columbus Man Today from Prison, Columbus Dispatch, Aug. 11, 2008.
• Rapist Whose Case Has Drawn State Attention Loses Bid for a New Trial: A Former Attorney General is among Those Who Say Roger Dean Gillispie is Innocent, Dayton Daily News, July 10, 2008, at A4.
• 15 Inmates Awaiting DNA Test Results, Columbus Dispatch, June 15, 2008, at 01A.

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

Emily Houh
Professor of Law and Faculty Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Emily Houh was named Gustavus Henry Wald Professor of the Law and Contracts.

Emily presented Contracting Identities as part of the 12th Annual UC Faculty Summer Scholarship Series.

Two of Emily's articles were cited:

• The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, 2005 Utah L. Rev. 1 (2005), in Mariana Pargendler, Modes of Gap Filling: Good Faith and Fiduciary Duties, 82 Tul. L. Rev. 1315 (2008).
• Towards Praxis, 39 U.C. Davis L. Rev. 905 (2006), in Natasha T. Martin, Immunity for Hire: How the Same-actor Doctrine Sustains Discrimination in the Contemporary Workplace, 40 Conn. L. Rev. 1117 (2008).

Profile of Professor Houh :: Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project

Ann Hubbard
Professor of Law

Two of Ann's articles were cited:

• The ADA, the Workplace and the Myth of the "Dangerous Mentally Ill," 34 U.C.Davis L. Rev.849 (2001), in Michael E. Waterstone & Michael Ashley Stein, Disabling Prejudice, 102 Nw. U. L. Rev. 1351 (2008).
• Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), in Carrie Griffin Basas, Back Rooms, Board Rooms—Reasonable Accommodation and Resistance under the ADA, 29 Berkeley J. Emp. & Lab. L. 59 (2008).

Profile of Professor Hubbard

Kristin Kalsem
Professor of Law

Kristin's article, Social Justice Feminism, 19 UCLA Women's L.J. ___ (2008) (with Verna Williams), was cited in Megan Ryan, ed., Comments from the Spring 2007 Harvard Journal of Law & Gender Conference, 31 Harv. J. L. & Gender 378 (2008).

Profile of Professor Kalsem

Christo Lassiter
Professor of Law and Criminal Justice

Christo was listed as one of the 100 African-Americans of Influence in Our Area, Cincinnati Enquirer, July 13, 2008, at 4E.

Christo's article, Consent to Search by Ignorant People, 39 Tex. Tech L. Rev. 1171 (2007), was cited in Matthew Phillips, Effective Warnings before Consent Searches: Practical, Necessary, and Desirable, 45 Am. Crim. L. Rev. 1185 (2008).

Profile of Professor Lassiter

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

The University of Pennsylvania Press published two new books in the Pennsylvania Studies in Human Rights for which Bert serves as Series Editor:

• Women's Human Rights: The International and Comparative Law Casebook (Susan Deller Ross, ed.) (2008).
• Reparations to Africa (by Rhoda E. Howard-Hassman) (2008)

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

S. Elizabeth Malloy
Andrew Katsanis Professor of Law

Betsy was named Andrew Katsanis Professor of Law.

Betsy presented Anonymous Blogging as part of the 12th Annual UC Faculty Summer Scholarship Series.

Betsy's article, Recalibrating the Cost of Harm Advocacy Speech: Getting Beyond Brandenburg, 42 Wm & Mary L. Rev. 1165 (2000) (with Ronald J. Krotoszynski), was cited in Ronald J. Krotoszynski, The Return of Seditious Libel, 55 UCLA L. Rev. 1239 (2008).

Profile of Professor Malloy

Bradford Mank
James B. Helmer, Jr. Professor of Law

Brad was re-elected chair of the Cincinnati Environmental Advisory Council.

Brad presented Standing and Statistical Persons: Should Large Public Interest Organizations Have Greater Standing Rights Than Individuals? as part of the 12th Annual UC Faculty Summer Scholarship Series.

Several of Brad's articles were cited:

• Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, 60 SMU L. Rev. 157 (2007), in Kenneth L. Karst, From Carbone to United Haulers: The Advocates' Tales, 2007 Sup. Ct. Rev. 237.
• Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better than Judicial Literalism, 53 Wash. & Lee L. Rev. 1231(1996), in John F. Manning, Lessons from a Nondelegation Canon, 83 Notre Dame L. Rev. 1541 (2008); Jason J. Czarnezki, An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation, and the Chevron Doctrine in Environmental Law, 79 U. Colo. L. Rev. 767 (2008); and Alexander Volokh, Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else, 83 N.Y.U.L. Rev. 769 (2008).
• 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?, 24 Va. Envtl. L.J. 75 (2005), in Bradley C. Karkkainen, Bottlenecks and Baselines: Tackling Information Deficits in Environmental Regulation, 86 Tex. L. Rev. 1409 (2008).
• Should State Corporate Law Define Success or Liability? The Demise of CERCLA's Federal Common Law, 68 U. Cin. L. Rev. 1157 (2000), in William H. Rodgers, Environmental Law (West, 2008 Supp.).
• Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Shi-Ling Hsu, A Realistic Evaluation of Climate Change Litigation Through the Lens of a Hypothetical Lawsuit, 79 U. Colo. L. Rev. 701 (2008).
• Suing Under §1983: The Future after Gonzaga v. Doe, 39 Hous. L. Rev. 1417 (2003), in Jon Donenberg, Medicaid and Beneficiary Enforcement: Maintaining State Compliance with Federal Availability Requirements, 117 Yale L.J. 1498 (2008).
• What Comes After Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stan. Envtl. L.J. 263 (1994), in Thomas O. McGarity, Hazardous Air Pollutants, Migrating Hot Spots, and the Prospect of Data-driven Regulation of Complex Industrial Complexes, 86 Tex. L. Rev. 1445 (2008); and NRDC v. EPA, 529 F.3d 1077 (D.C. Cir. 2008).

Profile of Professor Mank

Stephanie McMahon
Assistants Professor of Law

Stephanie McMahon joined the faculty over the summer. Her article, To Save State Residents: States' Use of Community Property and the Federal System of Government for Tax Reduction, 1939-1948, was accepted for publication in the Law and History Review.

Stephanie presented What Does It All Mean? The Rhetorical Power of the Income Tax in the United States, 1861-1918 at the 2008 Policy History Conference in St. Louis. She attended the AALS New Law School Faculty Conference in Washington, D.C.

Profile of Professor McMahon

Darrell A. H. Miller
Assistants Professor of Law

Darrell's article, White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co., was accepted for publication in the Fordham Law Review. He presented the article as part of the 12th Annual UC Faculty Summer Scholarship Series.

Darrell completed another article, State DOMAs, Neutral Principles, and the Mobius of State Action, which is under consideration at several law reviews.

Profile of Professor Miller

Douglas Mossman
Director, Glenn M. Weaver Institute of Law and Psychiatry

Douglas presented How Accurate Are Psychiatrists' Assessments of Competence to Stand Trial? as part of the 12th Annual UC Faculty Summer Scholarship Series.

He made the following presentations:

• How Accurate Are Psychiatrists' Determinations of Competence to Stand Trial?, Cincinnati Psychiatric Society, Kingsgate Conference Center, June 17, 2008 (1 hr CME)
• Parashat Balak, Northern Hills Synagogue-Congregation Bnai Avraham, Cincinnati, Ohio, July 12, 2008
• Avoiding Trouble: 'Off-Label' Pharmacotherapy and Malpractice Liability, Georgia Psychiatric Physicians Association, Amelia Island, Florida, August 1, 2008 (1 hr CME)
• Dodging Troubles: Keys to Good Documentation, Georgia Psychiatric Physicians Association, Amelia Island, Florida, August 1, 2008 (1 1/4 hr CME)

He rejoined the faculty of the U.C. Department of Psychiatry and became Associate Training Director for the U.C. Department of Psychiatry's forensic psychiatry fellowship, July 2008 and received the following two awards:

• Received the Chair's Recognition Award, Wright State University Department of Psychiatry, June 2008
• Received the Career Achievement Award from Residents of the W.S.U. Department of Psychiatry, June 2008

Several of Douglas's articles were cited:

• AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial, 35 J. Am. Acad. Psychiatry & L. S3 (2007), in Ezra E. H. Griffith, Stone's Views of 25 Years Ago Have Now Shifted Incrementally, 36 J. Am. Acad. Psychiatry & L. 201 (2008).
• Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Henry P. B. Lodewijks, et al. SAVRY Risk Assessment in Violent Dutch Adolescents - Relation to Sentencing and Recidivism, 35 Crim. Just. & Behav. 696 (2008); Dae-Young Kim, Hee-Jong Joo, & William P. Mccarty, Risk Assessment and Classification of Day Reporting Center Clients - An Actuarial Approach, 35 Crim. Just. & Behav. 792 (2008); Henry P. B. Lodewijks, et al., Predictive Validity of the Structured Assessment of Violence Risk in Youth (SAVRY) During Residential Treatment, 31 Int'l J. L. & Psychiatry 263 (2008); and Stuart D. M. Thomas, Harm Associated with Stalking Victimization, 42 Austl. & N. Z. J. Psychiatry 800 (2008).
• Conventional and Atypical Antipsychotics and the Evolving Standard of Care, 51 Psychiatric Serv. 1528 (2000) (with Douglas S. Lehrer), in Rosa Liperoti, Claudio Pedone, & Andea Corsonello, Antipsychotics for the Treatment of Behavioral and Psychological Symptoms of Dementia (BPSD), 6 Current Neuropharmacology 117 (2008).
• Daubert, Cognitive Malingering, and Test Accuracy, 27 L. & Hum. Behavior 229 (2003), in Karen Franklin, Malingering as a Dichotomous Variable: Case Report on an Insanity Defendant, 8 J. of Forensic Psychol. Prac. (2008).
• "Hired Guns," "Whores, "Prostitutes": Case Law References to Clinicians of Ill Repute, 27 J. Am.. Acad. Psychiatry & L. 414 (1999), in Kacy L. Mullen & John F. Edens, Case Law Survey of the Personality Assessment Inventory: Examining its Role in Civil and Criminal Trials, 90 J. Personality Assessment 300 (2008).
• Resampling Techniques in the Analysis of Non-binormal ROC Data, 15 Med Decis Making 358 (1995), in Roberto Romero, et al., Proteomic Analysis of Amniotic Fluid to Identify Women with Preterm Labor and Intra-amniotic Inflammation/infection: The Use of a Novel Computational Method to Analyze Mass Spectrometric Profiling, 21 J. Maternal-Fetal & Neonatal Med. 367 (2008); and Karen Drukker, et al., Breast US Computer-aided Diagnosis Workstation: Performance with a Large Clinical Diagnostic Population, 248 Radiology 392 (2008).
• ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Monica Gammelgard, et al., The Predictive Validity of the Structured Assessment of Violence Risk in Youth (SAVRY) among Institutionalised Adolescents, 19 J. Forensic Psychiatry & Psychol. 352 (2008).
• Tests of a Symptom Checklist to Screen for Comorbid Psychiatric Disorders in Alcoholism, 47 Comprehensive Psychiatry 227 (2006) (with Ashley B. Benjamin, Nancy S. Graves, & Richard D. Sanders), in Cueneyt Evren, Ercan Dalbudak, & Duran Cakmak, Alexithymia and Personality in Relation to Dimensions of Psychopathology in Male Alcohol-dependent Inpatients, 18 Klinik Psikofarmakoloji Bulteni - Bulletin of Clinical Psychopharmacology 1 (2008).
• Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Jialiang Li & Jason P. Fine, ROC Analysis with Multiple Classes and Multiple Tests: Methodology and its Application in Microarray Studies, 9 Biostatistics 566 (2008); and Arie Ben-David, About the Relationship between ROC Curves and Cohen's Kappa, 21 Engineering Applications of Artificial Intelligence 874 (2008).
• Unbuckling the 'Chemical Straitjacket': The Legal Significance of Recent Advances in the Pharmacological Treatment of Psychosis, 39 San Diego L. Rev. 1033 (2002), in Vidisha Barua, "Synthetic Sanity": A Way Around the Eighth Amendment?, 44 Crim. L. Bull. 4 (2008).

Douglas was interviewed on WLA, July 30, 2008 and quoted in:

• Sex in Psych Ward: Free or Coerced?, Cleveland Plain Dealer, June 26, 2008, at B1.
• Necrophilia 'So out There' That Ohio Doesn't List it as a Crime, Cincinnati Enquirer, July 30, 2008.

Profile of Professor Mossman

Nancy Oliver
Interim Associate Dean and Professor of Legal Research and Writing

The Provost has approved Nancy's promotion to the rank of Professor of Legal Research and Writing and reappointment for a five-year term. Nancy was named Interim Associate Dean.

Profile of Professor Oliver

Ronna Greff Schneider

Ronna published God, Schools, and Country, 30 Hum. Rts. Q. 797 (2008) (reviewing The Battle over School Prayer: How Engel v. Vitale Changed America, by Bruce J. Dierenfield (2007)).

Ronna was quoted in Park Prayer a Tough Topic, Cincinnati Enquirer, June 15, at 1B. She was a guest on WVXU and discussed legal issues involving politics in the workplace.

Profile of Professor Schneider

Michael E. Solimine
Donald P. Klekamp Professor of Law

Michael's article, The Supreme Court and the Sophisticated Use of DIGs (with Rafael Gely), was accepted for publication in the Supreme Court Economic Review.

Several of Michael's publications were cited:

• Judicial Reputation: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes and Lawrence Lessig), in Stephen J. Choi & G. Mitu Gulati, Bias in Judicial Citations: A Window into the Behavior of Judges?, 37 J. Legal Stud. 87 (2008); Stephen J. Choi & G. Mitu Gulati, Trading Votes for Reasoning: Covering in Judicial Opinions, 81 S. Cal. L. Rev. 735 (2008); Christopher Zorn, et al., Working Class Judges, 88 B.U. L. Rev. 829 (2008); and Frank B. Cross, et al., The Reagan Revolution in the Network of Law, 57 Emory L.J. 1227 (2008).
• The Three-Judge District Court in Voting Rights Litigation, 30 U. Mich. J.L. Reform 79 (1996), in Samuel Issacharoff, et al., The Law of Democracy: Legal Structure of the Political Process (Foundation Press, 3d ed. 2007); Daniel Hays Lowenstein, et al., Election Law: Cases and Materials (Carolina Academic Press, 4th ed. 2008); and Charles Alan Wright, et al., Federal Courts (Foundation Press, 12th ed. 2008).
• The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Richard B. Saphire & Paul Moke, The Ideologies of Judicial Selection: Empiricism and the Transformation of the Judicial Selection Debate, 39 U. Tol. L. Rev. 551 (2008); Steven M. Shepard, The Case Against Automatic Reversal of Structural Errors, 117 Yale L.J. 1180 (2008).
• The False Promise of Judicial Elections in Ohio, 30 Cap. U.L. Rev. 559 (2002), in Richard B. Saphire & Paul Moke, The Ideologies of Judicial Selection: Empiricism and the Transformation of the Judicial Selection Debate, 39 U. Tol. L. Rev. 551 (2008).
• 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), in Erwin Chemerinsky, Enhancing Government: Federalism for the 21st Century (Stanford University Press 2008); and Richard B. Saphire & Paul Moke, The Ideologies of Judicial Selection: Empiricism and the Transformation of the Judicial Selection Debate, 39 U. Tol. L. Rev. 551 (2008).
• 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 Linda S. Mullenix, Mass Tort Litigation (Thomson/West, 2d ed. 2008); and Jack H. Friedenthal, et al., Civil Procedure: Cases and Materials (Thomson/West, rev. 9th ed. 2008).
• The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James L. Walker), in Alexander Volokh, Choosing Interpretative Methods: A Positive Theory of Judges and Everyone Else, 83 N.Y.U. L. Rev. 769 (2008); and Leslie Reed, Is a Free Public Education Really Free? How the Denial of Expert Witness Fees Will Adversely Impact Children with Autism, 45 San Diego L. Rev. 251 (2008).
• The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L.Rev. 1421 (with Rafael Gely), in Susan Low Bloch, et al., Inside the Supreme Court: The Institution and Its Procedures (Thomson/West, 2d ed. 2008); and Henry M. Hart & Herbert Wechsler, The Federal Courts and the Federal System (Foundation Press, 5th ed. 2008 Supp.).
• Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Susan Low Bloch, et al., Inside the Supreme Court: The Institution and Its Procedures (Thomson/West 2d ed. 2008); and Jack H. Friedenthal, et al., Civil Procedure: Cases and Materials (Thomson/West, rev. 9th ed. 2008).
• Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Stephen C. Yeazell, Civil Procedure (Aspen, 7th ed. 2008); and Richard D. Freer, et al., Civil Procedure: Cases, Materials, and Questions (MatthewBender/LexisNexis, 5th ed. 2008).
• Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int'l L.J. 51 (1992), in Jack H. Friedenthal, et al., Civil Procedure: Cases and Materials (Thomson/West, rev. 9th ed. 2008); and Patrick J. Borchers, Categorical Exceptions to Party Autonomy in Private International Law, 82 Tul. L. Rev. 1645 (2008).
• Deregulating Voluntary Dismissals, 32 U. Mich. J. L. Reform 367 (2003) (with Amy Lippert), in Jack H. Friedenthal, et al., Civil Procedure: Cases and Materials (Thomson/West, rev. 9th ed. 2008); Stephen N. Subrin, et al., Civil Procedure: Doctrine, Practice and Context (Aspen, 3d ed. 2008); and Richard D. Freer, et al., Civil Procedure: Cases, Materials, and Questions (MatthewBender/LexisNexis, 5th ed. 2008).
• Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment, 101 Mich. L. Rev. 1463 (2003), in Henry M. Hart & Herbert Wechsler, The Federal Courts and the Federal System (Foundation Press, 5th ed. 2008 Supp.).
• The Quiet Revolution in Personal Jurisdiction, 73 Tul. L. Rev. 1 (1998), in Richard D. Freer, et al., Civil Procedure: Cases, Materials, and Questions (MatthewBender/LexisNexis, 5th ed. 2008).
• Status Seeking and the Allure and Limits of Law School Rankings, 81 Ind. L.J. 299 (2006), in Andrew P. Morriss & William D. Henderson, Measured Outcomes: Post-Graduation Measures of Success in the U.S. News & World Report School Rankings, 83 Ind. L.J. 791 (2008).
• Recalibrating Justiciability in Ohio Courts, 51 Clev. St. L. Rev. 531 (2004), in Kimberly Breedon, Remedial Problems at the Intersection of the Political Question Doctrine, the Standing Doctrine, and the Doctrine of Equitable Discretion, 34 Ohio N.U. L. Rev. 523 (2008).
• 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 Jay M. Feinman, Responding to Insurance Company Intransigence, 13 Roger Williams U. L. Rev. 189 (2008).
• An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Russell J. Weintraub, The Choice-of-Law Rules of the European Community Regulation on the Law Applicable to Non-Contractual Obligations: Simple and Predictable, Consequences-Based, or Neither?, 43 Tex. Intl. L.J. 401 (2008).
• Congress, Ex Parte Young, and the Fate of the Three-Judge District Court, 70 U. Pitt. L. Rev. (forthcoming 2008), in Charles Alan Wright, et al., Federal Courts (Foundation Press, 12th ed. 2008).

Profile of Professor Solimine

Adam Steinman
Associate Professor of Law

Adam presented Deference and Review as part of the 12th Annual UC Faculty Summer Scholarship Series.

Two of Adam's articles were cited:

• The Irrepressible Myth of Celotex: Reconsidering Summary Judgment Burdens Twenty Years after the Trilogy, 63 Wash. & Lee L. Rev. 144 (2006), in Kendel W. Hannon, Much Ado about Twombly? A Study on the Impact of Bell Atlantic Corp. v. Twombly on 12(b)(6), 83 Notre Dame L. Rev. 1811 (2008); and Richard L. Marcus, Cure-all for an Era of Dispersed Litigation? Toward a Maximalist Use of the Multidistrict Litigation Panel's Transfer Power, 82 Tul. L. Rev. 2245 (2008).
• "Less' is 'More"? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act's Appellate Deadline Riddle, 92 Iowa L. Rev. 1183 (2007), in Robin J. Effron, Disaster-specific Mechanisms for Consolidation, 82 Tul. L. Rev. 2423 (2008); and Spivey v. Vertrue, 528 F.3d 982 (7th Cir.2008).

Profile of Professor Steinman

Joseph P. Tomain
Dean Emeritus and the Wilbert and Helen Ziegler Professor of Law

Joe published Building the iUtility, 146 Pub. Util. Fort. 28 (Aug. 2008). He had three book chapters accepted for publication:

• Dirty Energy Policy, in Climate Change and the Neoliberal Model (David Dreisen ed.) (forthcoming, MIT University Press).
• The iUtility, in The New Environmentalism (Alyson Flournoy ed.) (forthcoming, Cambridge University Press).
• Rethinking Energy Law and Policy, in Climate Change Reader (William Rogers ed.) (forthcoming, Carolina Academic Press).

Joe's book, Creon's Ghost: The Conflict between Man's Law and the Higher Law, will be published by Oxford University Press in 2009. He was a panelist on New Insights Into and Scholarship About the Goals and Responsibilities of Legal Education at the Annual Conference of the Southeastern Association of Law Schools.

Joe served as Chair of the ABA Site Visit Summer Abroad Program for Florida Coastal Law School in Clermon-Ferrand, France. He taught Law, Justice and Culture I and II at the Villa Buonriposo in Tuscany, Italy.

Joe's article, Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A Shapiro), and his book, Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), were cited in Robert L. Glicksman, A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change, 102 Nw. U. L. Rev. 579 (2008).

Profile of Professor Tomain

Verna Williams
Professor of Law

Verna presented Title IX and Social Justice Feminism as part of the 12th Annual UC Faculty Summer Scholarship Series.

Verna represented Barack Obama on a panel discussion of the presidential election at a Town Hall Meeting as part of the 20th Annual Midwest Regional Black Family Reunion Celebration, Look How Far We've Come ... By Faith.

Verna's article, Social Justice Feminism, 19 UCLA Women's L.J. ___ (2008) (with Kristin Kalsem), was cited in Megan Ryan, ed., Comments from the Spring 2007 Harvard Journal of Law & Gender Conference, 31 Harv. J. L. & Gender 378 (2008).

Profile of Professor Williams

Ingrid Brunk Wuerth
Professor of Law

Ingrid's article, International Law and Constitutional Interpretation: The Commander-in-Chief Clause Reconsidered, 106 Mich. L. Rev. 61 (2007), was cited in Jules Lobel, Conflicts between the Commander in Chief and Congress: Concurrent Power over the Conduct of War, 69 Ohio St. L.J. 391 (2008).

Profile of Professor Wuerth

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