Marjorie’s article Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 267 (Dwight Golann ed., 1997), was cited in Gregory Todd Jones and Douglas H. Yarn, Some Necessary Caution, Ga. ADR Prac. & Proc. § 5:9 (2014).
- Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol’y 203 (2004), in Samuel L. Feder, Matthew E. Price, and Andrew C. Noll, City of Arlington v. FCC: The Death of Chevron Step Zero?, 66 Fed. Comm. L.J. 47 (2013);
- Digital Rights Management and the Process of Fair Use, 20 Harv. J.L. & Tech. 49 (2006), in Ryan Calo, Code, Nudge, or Notice?, 99 Iowa L. Rev. 773 (2014); and Robert Frieden, The Impact of Next Generation Television on Consumers and the First Amendment, 24 Fordham Intell. Prop. Media & Ent. L.J. 61 (2013);
- Fair Circumvention, 74 Brook. L. Rev. 1 (2008), in Hannibal Travis,WIPO and the American Constitution: Thoughts on a New Treaty Relating to Actors and Musicians, 16 Vand. J. Ent. & Tech. L. 45 (2013); and Joshua A.T. Fairfield, Avatar Experimentation: Human Subjects Research in Virtual Worlds, 2 UC Irvine L. Rev. 695 (2012);
- Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, 26 Santa Clara Computer & High Tech. L.J. 591 (2010), in Christopher J. Ryan, Jr., Not-So-Open Access to Legal Scholarship: Balancing Stakeholder Interests with Copyright Principles, 20 Rich. J.L. & Tech. 1 (2014); and
- Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, 47 Harv. J. on Legis. 359 (2010), in Jorge L. Contreras & Andrew T. Hernacki, Copyright Termination and Technical Standards, 43 U. Balt. L. Rev. 221 (2014); Llewellyn Joseph Gibbons, Then, You Had It, Now It’s Gone: Interspousal or Community Property Transfer and Termination of an Illusory Ephemeral State Law Right or Interest in Copyright, 24 Fordham Intell. Prop. Media & Ent. L.J. 97 (2013); Elizabeth L. Rosenblatt, Fear and Loathing: Shame, Shaming, and Intellectual Property, 63 DePaul L. Rev. 1 (2013); and Guy A. Rub, Stronger than Kryptonite? Inalienable Profit-Sharing Schemes in Copyright Law, 27 Harv. J.L. & Tech. 49 (2013).
Several of Lynn’s articles were cited:
- Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, 2009 Wis. L. Rev. 421 (2009), in Jonathan D. Glater, Hurdles of Different Heights for Securities Fraud Litigants of Different Types, 2014 Colum. Bus. L. Rev. 47 (2014); and in Bryan Vega, A Bite From the Poisonous Apple: How the Supreme Court Missed a Chance to Settle the Existing Tension Between the PSLRA and Rule 15(A), 68 U. Miami L. Rev. 793 (2014)’
- Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, 158 U. Pa. L. Rev. 1877 (2010), in Steven A. Ramirez, The Virtues of Private Securities Litigation: An Historic and Macroeconomic Perspective, 45 Loy. U. Chi. L.J. 669 (2014);
- There Are Plaintiffs and…There Are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vand. L. Rev. 355 (2008), in David H. Webber, Private Policing of Mergers and Acquisitions: An Empirical Assessment of Institutional Lead Plaintiffs in Transactional Class and Derivative Actions, 38 Del. J. Corp. L. 907 (2014); and in David F. Herr, Trial and Settlement, Ann. Manual Complex Lit. § 31.8 (4th ed.) (2014); and
- The Performance Disclosures of Credit Rating Agencies: Are They Effective Reputational Sanctions?,7 N.Y.U. J.L. & Bus. 47 (2010), in Daniel Schwarcz, Transparently Opaque: Understanding the Lack of Transparency in Insurance Consumer Protection, 61 U.C.L.A L. Rev. 394 (2014).
As the faculty advisor to UC Law’s American Constitution Society, Marianna helped arrange an April visit by Professor Garrett Epps, who gave a College-wide talk on “Voting Rights and Political Participation” and also talked with students about conservative constitutional jurisprudence and minorities.
Marianna arranged and moderated the Harris Distinguished Practitioner Paul Heldman (UC Law ’77), retiring Executive Vice President, Secretary, and General Counsel, and Secretary of the Kroger Company.
Marianna was awarded a 2014 Goldman Prize for Excellence in Teaching. Read more about Marianna’s outstanding teaching here. She was also elected as one of two Hooder at the 2014 UC Law Hooding Ceremony for graduating third-years.
Marianna attended the Inn of Court final banquet. She was also named a new Board member for the Linton Chamber Music Series.
Marianna helped an assistant city prosecutor prepare for an oral argument before the Supreme Court of Ohio, in which the issue was whether a defendant in an OVI (Operating a Vehicle while Intoxicated) case can compel discovery of data to be used to attack the reliability of the breath testing instrument.
- Oral argument previews and analyses of oral arguments
- State of Ohio ex. rel. Donald Yeaples and Deborah Yeaples v. Honorable Steven E. Gall et. al., argument over proper venue in tort claim as cover for battle over employer intentional tort against fellow employee.
- Steve Granger, et al. v Auto-Owners Insurance, et al., 2013-1527. Insurer’s duty to defend in housing discrimination case.
- Duane Allen Hoyle v. DTJ Enterprises, Inc., et al., 2013-1405, Insurance coverage for employer workplace intentional tort.
- State of Ohio v. Nicholas Castagnola, 2013-0781, sufficiency of affidavit in support of warrant to search defendant’s personal computer.
- State of Ohio v. Terrell Vanzandt, f.k.a. Terrell Asberry, 2013-1010 Can judicially sealed records be unsealed?
- Phillip E. Pixley v. Pro-Pak Industries, Inc., et al., 2013-0797, Is the definition of equipment safety guard limited to protect only operators of equipment for an employer intentional tort.
- State of Ohio v. Willie Herring, 2011-0451, ineffective assistance of counsel in mitigation phase of death penalty case.
- Visiting Nurse Association of Mid-Ohio v. Friebel, 2013-0892. Duel intent in workers’ compensation?
- Cedar Fair, L.P. v. Jacob Falfas 2013-0890. Can an arbitration panel award specific performance of a personal service contract?
- State of Ohio v. Brandon Lee Hoffman, 2013-0688. Does the Fourth Amendment exclusionary rule precludes evidence that is obtained pursuant to an arrest warrant issued without probable cause by a judicial officer.
- Merit Decisions Analyses:
- In re A.G., Slip Opinion No. 2014-Ohio-2597. Court may exclude child from custody modification proceedings.
- Cleveland v. McCardle, Slip Opinion No. 2014-Ohio-2140. Constitutionality of curfew on Cleveland’s Public square upheld.
- Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co. Slip Opinion No. 2014-Ohio-1937. Ohio’s construction statute of limitations unconstitutional as applied.
- Hayward v. Summa Health Sys./Akron City Hosp. Slip Opinion No. 2014-Ohio-1913, upholding jury verdict in medical malpractice case.
Lou’s article On the Significance of Constitutional Spirit, 70 N.C. L. Rev. 1803 (1992), was cited in Russell M. Gold, Beyond the Judicial Fourth Amendment: The Prosecutor’s Role, 47 U.C. Davis L. Rev. 1591 (2014).
Several of Barbara’s publications were cited:
- Is Securities Arbitration Fair to Investors?, 25 Pace L. Rev. 1 (2004), in Kristen M. Blankley, Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, 52 U. Louisville L. Rev. 443 (2014);
- Eliminating Securities Fraud Class Actions Under the Radar, 2009 Colum. Bus. L. Rev. 802 (2009), in Jonathan D. Glater, Hurdles of Different Heights for Securities Fraud Litigants of Different Types, 2014 Colum. Bus. L. Rev. 47 (2014);
- Behavioral Economics and Investor Protection: Reasonable Investors, Efficient Markets, 44 Loy. U. Chi. L.J. 1493 (2013), in Phillip C. Bobbitt, The Age of Consent, 123 Yale L.J. 2334 (2014);
- Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Adriana Henquen, VI. Supreme Court Considering End to Fraud-on-the-Market Securities Litigation, 33 Rev. Banking & Fin. L. 473 (2014);
- Investor Protection Meets the Federal Arbitration Act, 1 Stan. J. Complex Litig. 1 (2012), in Kenneth Star, Obtaining Attorneys’ Fees in Florida Arbitrations: The Slowly Changing Law, 88 Fla. B.J. 88 (2014); and
- Should the SEC Be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Francesco A. DeLuca, Sheathing Restitution’s Dagger Under the Securities Acts: Why Federal Courts are Powerless to Order Disgorgement in SEC Enforcement Proceedings, 33 Rev. Banking & Fin. L. 899 (2014).
On April 7, Chris gave comments at a UC Law Federalist Society event at which Professor Patrick Garry, of the University of South Dakota School of Law, discussed his book An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court.
Several of Chris’ publications were cited:
- Remanding to Congress: The Supreme Court’s New “On the Record” Constitutional Review of Federal Statutes, 86 Cornell L. Rev. 328 (2001), was cited in Derek T. Muller, Judicial Review of Congressional Power Before and After Shelby County v. Holder, 8 Charleston L. Rev. 287 (2014);
- Retroactive Application of “New Rules” and the Antiterrorism and Effective Death Penalty Act, 70 Geo. Wash. L. Rev. 1 (2002), in Kendall Turner, A New Approach to the Teague Doctrine, 66 Stan. L. Rev. 1159 (2014); and
- Stopping Time: The Pro-Slavery and “Irrevocable” Thirteenth Amendment, 26 Harv. J.L. & Pub. Pol’y 501 (2003), in Richard Albert, Constitutional Disuse or Desuetude: The Case of Article V, 94 B.U. L. Rev. 1029 (2014).
Felix was awarded a 2014 Goldman Prize for Excellence in Teaching. Read more about Felix’s outstanding teaching here.
Several of Jacob’s articles were cited:
- Noncompliance and the International Rule of Law, 31 Yale J. Int’l L. 189 (2006), in Monica Hakimi, Unfriendly Unilateralism, 55 Harv. Int’l L.J. 105 (2014);
- Representation and Power in International Organizations: The Operational Constitution and Its Critics, 103 Am. J. Int’l L. 209 (2009), in Nico Krisch, The Decay of Consent: International Law in an Age of Global Public Goods, 108 Am. J. Int’l L. 1 (2014); and
- The Regulatory Turn in International Law, 52 Harv. Int’l. L.J. 321 (2011), in Jean Galbraith and David Zaring, Soft Law as Foreign Relations Law, 99 Cornell L. Rev. 735 (2014).
Several 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), in Sandra J. Mullings, Employment of Ex-Offenders: The Time Has Come for a True Antidiscrimination Statute, 64 Syracuse L. Rev. 261 (2014);
- Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, 90 Minn. L. Rev. 781 (2006), in Evelyn A. French, When Silence Ought to be Golden: Why the Supreme Court Should Uphold the Selective Silence Doctrine in the Wake of Salinas v. Texas, 48 Ga. L. Rev. 623 (2014); and
- When Terry Met Miranda: Two Constitutional Doctrines Collide,63 Fordham L. Rev. 715 (1994), in Andrew Leipold, Peter Henning, Sarah Welling & Charles Alan Wright, The Miranda Rules- Custody, Interrogation, and Exceptions, 1 Fed. Prac. & Proc. Crim. § 75 (4th ed.) (2014).