Faculty
Joseph P. Tomain

Contact Information

Education

  • BA, University of Notre Dame
  • JD, The George Washington University

Links

Areas of Interest

  • Government Regulation
  • Law in Literature and Philosophy

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

Dean Emeritus Tomain received his undergraduate degree from the University of Notre Dame and his law degree from The George Washington University. He practiced general litigation in New Jersey before beginning his teaching career at Drake University School of Law. He joined the UC Law faculty in 1987, served as visiting professor at The University of Texas Law School, and served as dean of the University of Cincinnati College of Law for 15 years. He has also served as: distinguished visiting energy professor, Vermont Law School;visiting scholar, University of Notre Dame; visiting fellow, Harris Manchester College, Oxford University; and Fulbright senior specialist in law in Cambodia.

Dean Tomain serves on a number of civic organizations. He is chair of the board of the KnowledgeWorks Education Foundation. He is the founder and principal of the Justice Institute for the Legal Profession; board member of the Ohio State Bar Foundation; delegate to the Ohio State Bar Association; and is actively involved with the ABA Section on Legal Education and Admissions to the Bar.

He has written extensively in the energy law field and his publications include: Regulatory Law and Policy (3rd ed.2003 with Shapiro); Energy Law and Policy for the 21st Century (2000 with Hickey, Kelly, Mansfield, and Zillman); and, Nuclear Power Transformation (1987).

Publications

Presentations

  • Law, Language, Energy and the Environment, Second Annual Energy Summer Conference, Vermont Law School (July 20, 2007)
  • Environmental Stewardship: An Exploratory Program for Religious Leaders, Foundation for Research on Economics and the Environment, Bozeman, Montana (June 24-27, 2007)
  • Imagining a Public Interest Energy Law Firm, Plenary Session, 13th Annual University of Florida Public Interest Environmental Conference (March 2, 2007)
  • Two Thumbs on the Scale, High Temps, High Tech Solutions to the Energy and Environmental Equation, Vermont Law School (October 13, 2006)
  • Katrina' Energy Agenda: One Year Later, Katrina Consequences: What Has the Government Learned? Loyola University New Orleans College of Law (August 25, 2006)
  • Lawyers, Judges, Law and the Humanities, Harris Manchester Law Society, Oxford University (March 8, 2006)
  • Eminent Domain in Kelo and Norwood, The Use of Eminent Domain for Economic Redevelopment: A Necessary Tool for Cities—Or an Unconstitutional Trampling of Property Rights? University of Dayton School of Law (September 26, 2005)
  • Nuclear Futures, Symposium Environmental Regulation, Energy, and Market Entry, Duke Environmental Law and Policy Forum (November 19, 2004)
  • Humanities, Ethics, and the Legal Profession: Teaching Ethics to the Public, Private and Professional Sectors, Key Centre for Ethics, Law, Justice & Governance, Griffith University, Nathan, Queensland, Australia (April 7-8, 2001)
  • A Code of One's Own, Notre Dame Legal Education Symposium (March 23, 2001)
  • Ethics and Professionalism in a Changing Legal Profession, Dinsmore & Shohl Continuing Legal Education Program (December 11, 1997)
  • Six Ineluctable Takings Rules, National Business Institute Seminar on Real EstateLitigation in Ohio (July 9, 1997)
  • The Revolution in the Regulation of Energy, Ninth Institute for Natural Law Resources Teachers, Park City, Utah (May 16-18, 1997)
  • Law Schools in Transition?, Judicial Conference of the Sixth Circuit, Asheville, North Carolina (June 28-July 1, 1995)
  • The Brave New World of Energy Law:Domestic Electricity Regulation, Eighth Institute for Natural Resources Law Teachers, Reno, Nevada (June 2-4, 1995)
  • Recent Developments in Contract Law Teaching in the United States, Soochow University, Republic of China (July 13-15, 1992)
  • Distributional Consequences of Environmental Regulation, ABA Standing Committee on Environmental Law, Williamsburg, Virginia (May 15, 1992)
  • The Politics of Evaluation, Annual Meeting of The Law and Society Association, Berkeley, California (May 31, 1990)
  • Electricity and the Environment, Annual Northeast International Committee on Energy Conference, Halifax, Nova Scotia (April 24-26, 1990)
  • A Legal Perspective on The Nuclear Option: The American Experience, Institute on National Resource Law, Ottawa, Canada (May 10-12, 1989)
  • Land Use Mediation for Planners, Annual Meeting, American Planners Association, Denver, Colorado (1989)

Courses

  • Contracts
  • Government Regulation
  • Introduction to Law
  • Law, Literature & Philosophy
  • Research Seminar: Energy Policy

November 2009

Joe’s article, The Dominant Model of United States Energy Policy, 61 U. Colo. L. Rev. 355 (1990), was cited in Lincoln Davies, Energy Policy Today and Tomorrow - Toward Sustainability? 29 J. Land Resources & Envtl. L. 71 (2009). His book, Regulatory Law and Policy: Cases and Materials (LexisNexis, 3d ed. 2003) (with Sidney Shapiro), was cited in Sidney Shapiro, Ruth Ruttenberg, & Paul Leigh, The Social Costs of Dangerous Products: An Empirical Investigation, 18 Cornell J. L. & Pub. Pol'y 775 (2009).

October 2009

Joe received the 2009 Harold C. Schott Scholarship Award, which recognizes outstanding research and scholarly achievement by a member of the UC Law faculty. His book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Trevor D. Stiles, Renewable Resources and the Dormant Commerce Clause, 4 Envt'l & Energy L. & Pol'y J. 33 (2009).

He has recently published:

  • An Introduction to the University of Cincinnati law Review Law and Literature Symposium entitled Narrating Justice, 77 University of Cincinnati Law Review 783 (2009)
  • A book chapter entitled Dirty Energy Policy, in Climate Change and the Neoliberal Model (David Driesen, ed.) (MIT University Press 2009);
  • A book chapter entitled The iUtility, in The New Environmentalism (Alyson Flournoy, ed.) (Cambridge University Press 2009);
  • A book chapter entitled Rethinking Energy Law and Policy in Climate Change Reader (William Rogers, ed.) (Carolina Academic Press 2009).

Two of Joe’s publications were cited:

  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Fred Bosselman, Swamp Swaps: The “Second Nature” of Wetlands, 39 Envtl. L. 577 (2009).
  • Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, & Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2009 Supp.).

In addition, Dean Tomain participated in the Greening the Grid Conference at Lewis & Clark School of law and has  submitted a law review article to be published in the Lewis & Clark Law Review entitled Steel in the Ground: Building the iUtility.

During the summer, Dean Tomain Served as an ABA Site Inspector for the summer program hosted by the University of San Diego in Florence, Italy.  Dean Tomain, as part of the Justice Institute for the Legal Profession, also taught a great books seminar for the alumni and friends of the Widener School of Law entitled Law, Culture, & Society.

Dean Tomain also served as Reporter for the ABA Section on Legal Education and Admissions to the Bar Standards Review Committee as well as chairing the annual and regular meeting of the KnowledgeWorks Foundation.

Summer 2009

Joe received the 2009 Harold C. Schott Scholarship Award, which recognizes outstanding research and scholarly achievement by a member of the UC Law faculty. His book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Trevor D. Stiles, Renewable Resources and the Dormant Commerce Clause, 4 Envt'l & Energy L. & Pol'y J. 33 (2009).

May 2009

Two of Joe’s publications were cited:

  • Energy Law in a Nutshell (West 1981), in John A. Sautter, The Clean Development Mechanism in China: Assessing the Tension between Development and Curbing Anthropogenic Climate Change, 27 Va. Envtl. L.J. 91 (2009).
  • Four Failures of the Political Economy, 6 Tul. Envtl. L.J. 1 (1992), in Fred C. Zacharias, True Confessions about the Role of Lawyers in a Democracy, 77 Fordham L. Rev. 1591 (2009).

April 2009

Joe’s article, Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), was cited in Roberta F. Mann & Mona L. Hymel, Moonshine to Motorfuel: Tax Incentives for Fuel Ethanol, 19 Duke Envtl. L. & Pol'y F. 43 (2008).

Dean Tomain submitted his article Narrating Justice to the University of Cincinnati Law Review.

Additionally, Dean Tomain attended the American Law Institute Member Consultative Group meeting on Non-Profit Organizations as well as the Weathering the Storm meeting as the Board member of the Greater Cincinnati Foundation.

Dean Tomain served as commentator to Professor Jonathan Adler at the Federalist Society meeting and served as Reporter to the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar.

March 2009

Dean Tomain

  • Chaired the meeting of the Board of Directors of the KnowledgeWorks Foundation
  • Chaired the meeting of the Board of Directors of Student Loan Funding
  • Chaired the meeting of the Board of Directors KnowledgeWorks Ohio
  • Chaired the meeting of the Program and Grants Committee of the Ohio State Bar Foundation
  • Attended the meeting of the Board of the Ohio State Bar Foundation
  • Attended the meeting of the Board of the Greater Cincinnati Foundation
  • Presented a lecture Dirty Energy Policy: Prelude to Climate Change at UC on behalf of the Presidents Advisory Council on Environment & Sustainability
  • Submitted law review article Narrating Justice to the Univeristy of Cincinnati Law Review as the introduction to the Symposium: Narration and Law in the Poetry of Lawrence Joseph (forthcoming)

February 2009

Dean Tomain's book Creon's Ghost: Law, Justice and the Humanities has been published by Oxford University Press. Dean Tomain attended the Scholars’ Meeting of the Center for Progressive Reform.

Dean Tomain was appointed the Reporter for the Standards Review Committee of the ABA Section on Legal Education and Admissions to the Bar. The Standards Review Committee is charged with the responsibility of reviewing of reviewing all of the standards and procedures for law school accreditation.  The project is expected to last 2-3 years and will culminate in public hearings and a vote by ABA House of Delegates.

Energy Law, co-authored with Judge Richard Cudahy of the U.S. Court of Appeals for the Seventh Circuit, has been translated into Chinese and has been published in Beijing.

Dean Tomain chaired the Programs and Grants Committee of the Ohio State Bar Foundation.

He also served as Chair of the ABA Site Inspection Visit for Elon University School of Law. Dean Tomain has signed a contract with Cambridge University Press to publish his next book Dirty Energy Policy: Prelude to Climate Change.

January 2009

Joe presented Law and the Humanities: The Conflict Between Man’s Law and Higher Law at The Lawyers' Club of Cincinnati Holiday CLE Party at the Phoenix.

November 2008

Several of Joe's publications were cited:
  • Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), and Nuclear Power Transformation (Ind. U. Press 1987), cited in Samuel B. Hardy, Federal Subsidy of Adjudicative Right Determination: The New Cost Shifting of Nuclear Power Litigation, 59 Ala. L. Rev. 1705 (2008).
  • Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A Shapiro), in Robert L. Glicksman & Richard E. Levy, Ordering State-federal Relations through Federal Preemption Doctrine: A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change, 102 Nw. U.L. Rev. 579 (2008).

Summer 2008

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).

June 2008

Two of Joe's publications were cited:
  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Richard D. Cudahy, Asian Amperes: Chinese Electric Power, 29 Energy L.J. 33 (2008).
  • Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in David B. Spence, Can Law Manage Competitive Energy Markets?, 93 Cornell L. Rev. 765 (2008).

April 2008

Several of Joe's articles were cited:
  • Land Use Mediation for Planners, 7 Mediation Q. 163 (1989), in Edward H. Ziegler, Jr., Arden H. Rathkopf, and Daren A. Rathkopf, Rathkopf's The Law of Zoning and Planning (Clark Boardman Callaghan, 4th ed., 2008 Supp.).
  • .
  • Regulatory Law and Policy (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in Robert Glicksman, Nothing Is Real: Protecting the Regulatory Void through Federal Preemption by Inaction, 26 Va. Envtl. L.J. 5 (2008).
  • Smart Energy Paths: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006), in Christopher D. Stone, Is Environmentalism Dead? 38 Envtl. L. 19 (2008).
  • To a Point, 52 Loyola L. Rev. 1201 (2007), in Ruth Gordon, Climate Change and the Poorest Nations: Further Reflections on Global Inequality, 78 U. Colo. L. Rev. 1559 (2007).

March 2008

Joe organized and convened the Law & Literature Symposium: Law, Narration, and the Poetry of Lawrence Joseph. He presented Perplexity: Narrative and Narration at the sympsoium. The papers will be published in a forthcoming issue of the University of Cincinnati Law Review.

Joe submitted a chapter, Dirty Energy Policy, for the forthcoming book Climate Change and the Neoliberal Model (MIT Press). He posted Smart Energy Path: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006) on SSRN.

Joe participated in the following events at Dennison University:

Joe was a facilitator at the Advanced Justice Institute Seminar on Law & Literature in Granville, OH. His portrait was completed and placed on permanent display next to the portraits of the College's other distinguished past deans.

February 2008

Two of Joe's books were cited:
  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Daniel Pollak, S.D. Warren and the Erosion of Federal Preeminence in Hydropower Regulation, 34 Ecology L.Q. 763 (2007).
  • Regulatory Law and Policy (LexisNexis, 3d ed. 2003) (with Sidney A. Shapiro), in Sidney A. Shapiro, OMB and the Politicization of Risk Assessment, 37 Envtl. L. 1083 (2007).

December 2007

Two of Joe's publications were cited:
  • Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), in Michael H. Dworkin & Rachel Aslin Goldwasser, Ensuring Consideration of the Public Interest in the Governance and Accountability of Regional Transmission Organizations, 28 Energy L. J. 543 (2007).
  • Nuclear Transition: From Three Mile Island to Chernobyl, 28 Wm. & Mary L. Rev. 363 (1987) (with Constance Dowd Burton); and The Past and Future of Electricity Regulation, 32 Envtl. L. 435 (2002), in Richard R. Bradley, One Step in the Right Direction: An Analysis of FERC's Reporting Requirement for Status Changes for Public Utilities with Market-based Rate Authority,1 Envt'l & Energy L. & Pol'y J. 373 (2007).

November 2007

Joe's article, To a Point, 52 Loy. L. Rev. 1201 (2007), was featured on Larry Solum's Legal Theory Blog.

Joe participated in the Alumni Teach-In Day, as Jill O'Shea (Class of 1986), Duke Energy (Cincinnati, OH), taught his Contracts Class, and Brie Rogers (Class of 2002), Taft, Stettinius & Hollister (Cincinnati, OH), taught his Law, Literature, and Philosophy Class.

October 2007

Joe was appointed to the:
  • Screening Committee for the Annual m Meeting of the Ohio Sate Bar Association.
  • Community Investment Committee of the Greater Cincinnati Foundation.
  • Human Services Committee (Chair) of the Greater Cincinnati Foundation.

Joe served as a peer reviewer for Yale University Press. His article on Judicial Compensation will appear in next month's issue of the Cincinnati Bar magazine.

Joe served as Board Chair of the:
  • Program and Grants Committee of the Ohio State Bar Foundation.
  • KnowledgeWorks Foundation.

Joe's article, Institutionalized Conflict between Law and Policy, 22 Hous. L.Rev. 661 (1985), was cited in Charles H. Koch, Jr., Administrative Law and Practice (Thomson-West, 2007 Supp.).

Summer 2007

Joe was a Visiting Scholar at the University of Notre Dame and a Distinguished Visiting Energy Professor at Vermont Law School. He delivered the keynote address on Law, Language, Energy and the Environment at the Second Annual Energy Summer Conference at Vermont Law School.

Joe published:
  • The third edition of Energy Law in a Nutshell (with Judge Richard Cudahy of the U. S. Court of Appeals for the Seventh Circuit). The book is currently being translated into Chinese.
  • To A Point, 52 Loy. L. Rev.1201 (2007).

Joe submitted a book chapter, Dirty Energy, to be included in a book on climate change to be published by MIT Press.

Joe participated in the following conferences:
  • Presenter, Environmental Stewardship: An Exploratory Program for Religious Leaders, Foundation for Research on Economics and the Environment, Bozeman, Montana.
  • Facilitator, Law, Justice and Culture and Inns of Court seminars convened by the Justice Institute for the Legal Profession in Tuscany, Italy.

Joe served as a Site Inspector for the ABA Section on Legal Education and Admissions to the Bar for the Vanderbilt Law School summer Program in Venice, Italy.

Two of Joe's articles were cited:
  • Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), in Matthew D. Zinn, Adapting to Climate Change: Environmental Law in a Warmer World, 34 Ecology L.Q. 61 (2007).
  • Rethinking Reform of Electricity Markets, 40 Wake Forest L. Rev. 497 (2005) (with Sidney A. Shapiro), in Joshua P. Fershee, Misguided Energy: Why Recent Legislative, Regulatory, and Market Initiatives Are Insufficient to Improve the U.S. Energy Infrastructure, 44 Harv. J. Legis. 327 (2007).

May 2007

Joe's book, Energy Law in a Nutshell (Thomson-West, 2004) (with Richard Cudahy), and his article, Nuclear Futures, 15 Duke Envtl. L. & Pol'y F. 221 (2005), were cited in Fred Bosselman, The Ecological Advantages of Nuclear Power, 15 N.Y.U. Envtl. L.J. 1 (2007).

April 2007

Joe's book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), was cited in Brian H. Potts, Trading Grandfathered Air – A New, Simpler Approach, 31 Harv. Envtl. L. Rev. 115 (2007).

Joe's election to the Great American Board of Directors was recognized in several local newspapers:

February 2007

Joe attended the AALS Annual Meeting in Washington, D.C.

January 2007

Joe published Smart Energy Path: How Willie Nelson Saved the Planet, 36 Cumb. L. Rev. 417 (2006). His article, Katrina's Energy Agenda, 20 Nat. Resources & Env't 43 (2006), and book, Energy Law in a Nutshell (West Group, 2004) (with Richard Cudahy), were cited in Scott A. Zimmermann, Feds and Fossils: Meaningful State Participation in the Development of Liquefied Natural Gas, 33 Ecology L.Q. 789 (2006).

Please see Faculty News Archives for earlier issues.

Awards

  • Distinguished Visiting Energy Professor, Vermont Law School (July, 2007)
  • Visiting Scholar, University of Notre Dame (Spring 2007)
  • Visiting Fellow, Harris Manchester College Oxford University (Spring 2006)
  • BLAC-CBA Round Table Forward Together Award in Education (2004)
  • Fullbright Senior Specialist in Law (Cambodia) (Summer 2002)
  • 1989 Goldman Prize for Excellence in Teaching
  • NEH Summer Fellow in History (Stanford University 1987)