Professor of Clinical Law, Center for Practice

Marjorie’s articles, Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), were cited in Robert L. Haig, Commercial Litigation in New York State Courts (West, 2nd ed., New York Practice Series, 2008 Supp.).

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Profile of Professor Aaron
Center for Practice

Professor of Clinical Law

Marianna published a column in the American Israelite and the Cincinnati Herald on Modern Parenting, which examines the legitimacy of gestational surrogacy contracts in Ohio. She presented Most Important Cases of the Ohio Supreme Court, June 2007-June 2008, at the Ohio Judicial Conference in Columbus.

She gave the keynote address, Electing Judges: An Idea Whose Time has Come… and Gone to the Clermont County League of Women Voters at their 12th annual Suffragist Event.

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Profile of Professor Bettman

Dean and Nippert Professor of Law

Lou participated in a panel on The Presidency and the Federal Courts: Historical Reflections at the Cincinnati Lawyers chapter of the Federalist Society’s program on The Presidency and the Courts (which included speeches by President George W. Bush, former Attorney General Edwin Meese III, and former U.S. Solicitor General Paul Clement).

Lou’s article, Conservative Reformation, Popularization, and the Lessons of Reading Criminal Justice as Constitutional Law, 52 UCLA L. Rev. 979 (2005), was cited in The Honorable Harold Baer, Jr., Got a Bad Feeling? Is That Enough? The Irrationality of Police Hunches, J.L. Econ. & Pol’y 91 (2007). He was quoted in UC Seeks to Raise $800M in Drive, Sept. 19, 2008, at 1B.

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Profile of Dean Bilionis

Charles Hartsock Professor of Law and
Director, Corporate Law Center

Barbara participated in the Conference on Empirical Legal Studies held at Cornell Law School on Sept. 12-13, where her article, When Perception Changes Reality: An Empirical Study of Investors’ Views of the Fairness of Securities Arbitration, 24 Ohio St. J. on Disp. Resol. ___ (2008) (with Jill Gross), was included in the poster session.

Several of Barbara’s articles were cited:

• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Jennifer J. Johnson & Edward Brunet, Critiquing Arbitration of Shareholder Claims, 36 Sec. Reg. L.J. 1 (2008).
• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), and The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action (Clark Boardman Callaghan, 2d ed., 2008 Supp.).

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Profile of Professor Black

Associate Dean of Faculty and
Charles Hartsock Professor of Law

Paul launched two new blogs as part of his Law Professor Blogs Network:

• Clinical Law Prof Blog, by Amy Graham (Michigan State) & Naima Manley (Michigan State)
• Native American Law Blog, by Timothy Pleasant (Concord) & Deena DeGenova (Concord)

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

• 3 issues of Tax Law & Policy (vol. 9, nos. 33-35)
• 1 issues of practitioner Series (vol. 8, no. 18)
• 1 issue of International & Comparative Tax (vol. 8, no. 20)

Paul was quoted in:

• Bidens Gave Average of $369 Annually to Charities, Bloomberg News, Sept. 12, 2008.
• Charitable Gifts by Politicians Add Up, For Some, Fox News, Sept. 17, 2008.
• Giving by Democratic Vice Presidential Nominee Faces Scrutiny, Sept. 15, 2008.

Two of Paul’s articles were cited:

• Estate Planning Implications of the Right of Publicity, 68 Tax Notes 95 (1995), in Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr, The Estate Tax Fundamentals of Celebrity and Control, 118 Yale L.J. Pocket Part 50 (2008).
• The Role of State Court Decisions in Federal Tax Litigation: Bosch, Erie, and Beyond, 71 Or. L. Rev. 781 (1992), in David Hasen, Unwinding Unwinding, 57 Emory L.J. 871 (2008).

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Profile of Professor Caron

Assistant Professor of Law

Jacob presented Representation and Power in International Organization: The Operational Constitution and Its Critics at Georgetown as part of its International Legal Theory Colloquium.

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).

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Profile of Professor Cogan

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

Margaret participated as faculty at a two day National Civil Law Institute that addressed custody issues that arise in domestic violence cases. The institute, held in St. Louis, was co-sponsored by NITA and the ABA Commission on Domestic Violence.

Margaret and the Domestic Violence and Civil Protection Order Clinic were featured in the September edition of UC Magazine. Margaret acted as the discussant at a faculty workshop at the College by Leigh Goodmark (Baltimore), When Is a Battered Woman Not a Battered Woman? A Critique of the Legal System’s Responses to Domestic Violence, as part of the College’s Faculty Workshop Series.

Margaret participated in a meeting of the Court Workgroup, a subcommittee of the Hamilton County Domestic Violence Coordinating Council. She chaired a meeting of the Hamilton County Fatality Review Team.

Margaret presented Stalking Basics at UC Women’s Center to UC undergraduate volunteers who respond to campus sexual assault incidents in order to support victims.

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Profile of Professor Drew

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

Mark submitted a solicited book review for publication in the peer-reviewed Ohio State Journal of Criminal Law, Shining the Bright Light on Police Interrogation in America (reviewing Richard Leo, Police Interrogation and American Justice (Harvard University Press, 2008)).

Mark spoke to sixty members of the Glendale Lyceum about the Ohio Innocence Project and the problem of wrongful convictions. The OIP's recent exoneree, Robert McClendon, also spoke with Mark about his experience of serving 18 years in prison for a crime he did not commit. The speeches were featured in Hamilton and Clermont Counties: Film about Innocence Project Winds up with Q and A Session, Cincinnati Enquirer, Sept. 14, 2008, at 3B.

Mark’s article, The Innocence Revolution and our "Evolving Standards of Decency" in Death Penalty Jurisprudence, 29 U. Dayton L. Rev. 265 (2004) (with Thomas Pulley), was cited in Daniel S. Medwed, Innocentrism, 2008 U. Ill. L. Rev. 1549.

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

Gustavus Henry Wald Professor of Law and Contracts

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 Stephen S. Ashley, Bad Faith Actions Liability & Damages (Thomson-West, 2nd ed., 2008 Supp.).

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Profile of Professor Houh

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).
• The Future of “The Duty to Protect”: Scientific and Legal Perspectives on Tarasoff’s
  Thirtieth Anniversary, 75 U. Cin. L. Rev. 429 (2006), in Ben “Ziggy” Williamson, The Gunslinger to the Ivory Tower Came: Should Universities Have a Duty to Prevent Rampage Killings?, 60 Fla. L. Rev. 895 (2008).

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Profile of Professor Hubbard

Professor of Law and Criminal Justice

Christo’s article, The O.J. Simpson Verdict: A Lesson in Black and White, 1 Mich. J. Race & L. 69 (1996), was cited in Rebecca J. Kelly, Defensive Shootings and Error Risk: A Collateral Cost of Changing Gun Laws?, 26 Yale L. & Pol’y Rev. 567 (2008).

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Profile of Professor Lassiter

Andrew Katsanis Professor of Law

Betsy acted as the discussant at a faculty workshop at the College by Nicole Huberfeld, Spending and Compulsory Motherhood as part of the College’s Faculty Workshop Series.

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Profile of Professor Malloy

James B. Helmer, Jr. Professor of Law

Brad’s article, Standing and Statistical Persons: Should Large Public Interest Organizations Have Greater Standing Rights than Individuals?, was accepted for publication in the Ecology Law Quarterly.

Several of Brad’s articles were cited:

• Can Administrative Regulations Interpret Rights Enforceable under Section 1983?: Why Chevron Deference Survives Sandoval and Gonzaga, 32 Fla. St. U. L. Rev. 843 (2005), in Derek W. Black, The Mysteriously Reappearing Cause of Action: The Court's Expanded Concept of Intentional Gender and Race Discrimination in Federally Funded Programs, 67 Md. L. Rev. 358 (2008).
• Implementing Rapanos–Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators, and Developers?, 40 Ind. L. Rev. 291 (2007), in Robin Kundis Craig, Justice Kennedy and Ecosystem Services: A Functional Approach to Clean Water Act Jurisdiction after Rapanos, 38 Envtl. L. 635 (2008).
• 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); Implementing Rapanos–Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators, and Developers?, 40 Ind. L. Rev. 291 (2007); Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, 60 SMU L. Rev. 157 (2007); Can Congress Regulate Intrastate Endangered Species Under the Commerce Clause?, 69 Brook. L. Rev. 923 (2004); and Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Ga. L. Rev. 723 (2002), in Linda A. Malone, Environmental Regulation of Land Use (Clark Boardman, 2008 Supp.).
• Should State Corporate Law Define Success or Liability? The Demise of CERCLA’s Federal Common Law, 68 U. Cin. L. Rev. 1157 (2000), in Wendy B. Davis, De Facto Merger, Federal Common Law, and Erie: Constitutional Issues in Successor Liability, 2008 Colum. Bus. L. Rev. 529.
• Standing and Global Warming: Is Injury to All Injury to None?, 35 Envtl. L. 1 (2005), in Cinnamon Carlarne, Notes from a Climate Change Pressure-cooker: Sub-federal Attempts at Transformation Meet National Resistance in the USA, 40 Conn. L. Rev. 1351 (2008).
• Superfund Contractors and Agency Capture, 2 N.Y.U. Envtl L.J. 34 (1993), in Sara Clark, In the Shadow of the Fourth Circuit: Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, 35 Ecology L.Q. 143 (2008).

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Profile of Professor Mank

Assistant Professor of Law

Stephanie successfully defended her dissertation at the University of Virginia and will receive her Ph.D. in American History in January. Her paper, To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939-1947, was featured on Mary Dudziak's Legal History Blog.

Stephanie was featured in the August 2008 issue of Updates@UCLaw.

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Profile of Professor McMahon

Assistant Professor of Law

Darrell’s article, State DOMAs, Neutral Principles, and the Mobius of State Action, was accepted for publication in the Temple Law Review. The paper was featured on Larry Solum’s Legal Theory Blog.

Darrell presented White Cartels, the Civil Rights Act of 1866 and the History of Jones v. Alfred H. Mayer Co., 77 Fordham L. Rev. ___ (2008), at the Northeast People of Color Conference at Boston University. The paper was featured on Larry Solum’s Legal Theory Blog.

Darrell was featured in the September 2008 issue of Updates@UCLaw.

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Profile of Professor Miller

Administrative Director, Glenn M. Weaver Institute of Law and Psychiatry

Douglas submitted his article, Quantifying the Accuracy of Forensic Examiners In the Absence of a Diagnostic “Gold Standard” (with Michael D. Bowen, David J. Vanness, David Bienenfeld, Terry Correll, Jerald Kay, William M. Klykylo & Douglas S. Lehrer), for publication. His article, Going Outside Your Area of Expertise: How Far Is Too Far? Current Psychiatry (with Christina G. Weston), was accepted for publication.

Douglas published two articles:

• Divorce, Custody, and Parental Consent for Psychiatric Treatment, 7 Current Psychiatry 63 (2008) (with Christina G. Weston).
• Conceptualizing and Characterizing Accuracy in Assessments of Competence to Stand Trial, 36 J. Am. Acad. Psychiatry & L. 340 (2008).

Douglas presented Psychiatric Perspectives on Sin and Repentance to Congregation Ohav Shalom in Cincinnati.

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 Kirk Heilbrun, et al., Standards of Practice and Care in Forensic Mental Health Assessment - Legal, Professional, and Principles-based Considerations, 14 Psychol. Pub. Pol’y & L. 1 (2008); and Sharron E. Dawes, Barton W. Palmer, & Dilip V. Jeste, Adjudicative Competence, 21 Current Opinion in Psychiatry 490 (2008).
• Another Look at Interpreting Risk Categories, 18 Sexual Abuse - A Journal of Research and Treatment 41 (2006), in James Vess, Sex Offender Risk Assessment: Consideration of Human Rights in Community Protection Legislation, 13 Legal & Criminological Psychol. 245 (2008).
• Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), and ROC Curves, Test Accuracy, and the Description of Diagnostic-tests, 3 J. Neuropsychiatry & Clin. Neurosciences 330 (1991) (with E. Somoza), in Kevin S. Douglas, Monica E. Epstein, & Norman G. Poythress, Criminal Recidivism among Juvenile Offenders: Testing the Incremental and Predictive Validity of Three Measures of Psychopathic Features, 32 L. & Hum. Behav. 423 (2008).
• Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Shuangge Ma & Jian Huang, Penalized Feature Selection and Classification in Bioinformatics, 9 Briefings in Bioinformatics 392 (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 Steven K. Erickson, The Myth of Mental Disorder: Transsubstantive Behavior and Taxometric Psychiatry, 41 Akron L. Rev. 67 (2008).

Additional Links:
Profile of Professor Mossman

Interim Associate Dean and Professor of Legal Research and Writing

Nancy attended the conference on Legal Education at the Crossroads: Ideas to Implementation at the University of Washington.

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Profile of Professor Oliver

Donald P. Klekamp Professor of Law

Several of Michael’s articles were cited:

• Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 U. Mich. J.L. Reform 351 (1995) (with Richard B. Saphire), in Rochelle Cooper Dreyfuss, In Search of Institutional Identity: The Federal Circuit Comes of Age, 23 Berkeley Tech. L.J. 787 (2008).
• An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Andrew Eckert, et al., Environmental Liability in Transboundary Harms: Law and Forum Choice, 24 J. L. Econ. & Org. 434 (2008), and Alan O. Sykes, Transnational Forum Shopping as a Trade and Investment Issue, 37 J. Legal Stud. 339 (2008).
• Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in Joel N. Shapiro, Mediation in the Seventh Circuit Court of Appeals, 32 S. Ill. U. L.J. 569 (2008), and in Frank B. Cross, Thomas A. Smith & Antonio Tomarchio, The Reagan Revolution in the Network of Law, 57 Emory L.J. 1227 (2008).
• State Court Protection of Federal Constitutional Rights, 12 Harv. J.L. Pub. Pol'y 127 (1989) (with James Walker), in Risa E. Kaufman, Access to the Courts as a Privilege or Immunity of National Citizenship, 40 Conn. L. Rev. 1477 (2008).
• State Court Regulation of Offers of Judgment and Its Lessons For Federal Practice, 13 Ohio St. J. Disp. Resol. 51 (1997) (with Bryan Pacheco), in Jay M. Feinman, Incentives for Litigation or Settlement in Large Tort Cases: Responding to Insurance Company Intransigence, 13 Roger Williams U. L. Rev. 189 (2008).
• Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Jonathan P. Kastellec & Jeffrey R. Lax, Case Selection and the Study of Judicial Politics, 5 J. Empirical Legal Stud. 407 (2008).

Additional Links:
Profile of Professor Solimine

Associate Professor of Law

Adam’s article, Reconceptualizing Federal Habeas Corpus for State Prisoners: How Should AEDPA's Standard of Review Operate after Williams v. Taylor?, 2001 Wis. L. Rev. 1493 (2001), was cited in Risa E. Kaufman, Access to the Courts as a Privilege or Immunity of National Citizenship, 40 Conn. L. Rev. 1477 (2008).

Additional Links:
Profile of Professor Steinman