Michael E. Solimine / Summer 2013

Over the summer, Michael helped draft and was a signatory to an amicus curiae brief of Ohio law professors filed in the case of ProgressOhio v. JobsOhio, currently pending in the Ohio Supreme Court (No. 2012-1272). The case concerns whether Ohio courts should follow the standing to sue requirements developed in federal courts. Oral argument in the case is set for November.

On August 27 Michael served as a panelist at the celebration of the “75th Anniversary of the Federal Rules of Civil Procedure,” sponsored by the College of Law and moderated by NYU law professor Arthur Miller.

Several of Michael’s articles were cited.

  • Revitalizing Interlocutory Appeals in the Federal Courts, 58 Geo. Wash. L. Rev. 1165 (1990), in Richard L. Marcus, et al., Civil Procedure: A Modern Approach (West Publishing, 6th ed., 2013); Andrew S. Polis, Civil Rule 54(b): Seventy-Five and Ready for Retirement, 65 Fla. L. Rev. 711 (2013); Hannah M. Smith, Note, Using the Scientific Method: Examining State Interlocutory Appeals Procedures That Would Improve Uniformity, Efficiency, and Fairness in the Federal Appellate System, 61 Clev. St. L. Rev. 259 (2013); Bryan Lammon, Rules, Standards, and Experimentation in Appellate Jurisdiction, 74 Ohio St. L.J. 423 (2013);
  • The Quiet Revolution in Personal Jurisdiction, 73 Tulane L. Rev. 1 (1998), in Richard L. Marcus, et al., Civil Procedure: A Modern Approach (West Publishing, 6th ed., 2013); Alan W. Trammell, Jurisdictional Sequencing, 47 Ga. L. Rev. 1099 (2013);
  • Deregulating Voluntary Dismissals, 36 U. Mich. J. L. Ref. 367 (2003) (with Amy Lippert), in Richard L. Marcus, et al., Civil Procedure: A Modern Approach (West Publishing, 6th ed., 2013);
  • Forum-Selection Clauses and the Privatization of Procedure, 25 Cornell Int’l L.J. 51 (1992), in Erin O’Hara O’Connor & Larry E. Ribstein, Exit and the American Illness, in The American Illness: Essays on the Rule of Law (Yale University Press, F.H. Buckley, ed., 2013); Colter L. Paulson, Evaluating Contracts for Customized Litigation by the Norms Underlying Civil Procedure, 45 Ariz. St. L.J. 471 (2013);
  • An Economic and Empirical Analysis of Choice of Law, 24 Ga. L. Rev. 49 (1989), in Erin O’Hara O’Connor & Larry E. Ribstein, Exit and the American Illness, in The American Illness: Essays on the Rule of Law (Yale University Press, F.H. Buckley, ed., 2013); Gregory H. Shill, Ending Judgment Arbitrage: Jurisdictional Competition and the Enforcement of Foreign Money Judgments, 54 Harv. Int’l L.J. 459 (2013);
  • The Next Word. Congressional Response to Supreme Court Statutory Decisions, 65 Temple L. Rev. 425 (1992) (with James Walker), in Ethan J. Lieb, David L. Ponet & Michael Serota, A Fiduciary Theory of Judging, 101 Cal. L. Rev. 699 (2013); Danieli Evans, What Would Congress Want? If We Want to Know, Why Not Ask?, 81 U. Cin. L. Rev. 1191 (2013);
  • 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 Richard L. Marcus, et al., Civil Procedure: A Modern Approach (West Publishing, 6th ed., 2013); Bryan Lammon, Rules, Standards, and Experimentation in Appellate Jurisdiction, 74 Ohio St. L.J. 423 (2013);  Kevin Walsh, Comment, Collision Course: How Federal Rule of Civil Procedure 23(f) Has Silently Undermined the Prohibition of American Pipe Tolling During Appeals of Class Certification Denials, 73 La. L. Rev. 1183 (2013);
  • The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely), in Gabriel J. Chin, Cindy Hwang Chiang & Shirley S. Park, The Lost Brown v. Board of Education of Immigration Law, 91 N.C. L. Rev. 1657 (2013);
  • Congress, Separation of Powers, and Standing, 59 Case Wes. Res. L. Rev. 1023 (2009), in Samuel D. Bruson, Watching the Watchers: Preventing I.R.S. Abuse of the Tax System, 14 Fla. Tax Rev. 223 (2013);
  • Supreme Court Monitoring of the United States Courts of Appeals En banc, 9 Sup. Ct. Econ. Rev. 171 (2001) (with Tracey George), in Matthew Spitzer & Eric Talley, Left, Right and Center: Strategic Information Acquisition and Diversity in Judicial Panels, 29 J. Law., Econ. & Organ. 638 (2013);
  • State Amici, Collective Action, and the Development of Federalism Doctrine, 46 Ga. L. Rev. 355 (2012), in Bruce A. Green, Gideon’s Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused?, 122 Yale L.J. 2336 (2013); Greg Goelzhauser & Nicole Vouvalis, State Coordinating Institutions and Agenda Setting on the U.S. Supreme Court, 41 Am. Pol. Res. 819 (2013);
  • Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998)(with William M. Landes & Lawrence Lessig), in Yonatan Lupu & James H. Fowler, Strategic Citations to Precedent on the U.S. Supreme Court, 42 J. Legal Stud. 151 (2013); Joshua D. Wright & Angela M. Dively, Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission, 1 J. Antitrust Enforcement 82 (2013);
  • Due Process and En Banc Decisionmaking, 48 Ariz. L. Rev. 325 (2006), in Mario Lucero, The Second Circuit’s En banc Crisis, 2013 Cardozo L. Rev. de-novo 32;
  • Interstate Recognition of Same-Sex Marriage, the Public Policy Exception, and Clear Statements of Extraterritorial Effect, 41 Cal. W. Int’l L.J. 105 (2010), in Harry Anastopulos, Jurisdictional Russian Roulette: The Intersection of Comity, Family Security, and Access to Same-Sex Divorce, 14 Geo. J. Gender & Law 133 (2013); and
  • Institutional process, Agenda Setting, and the Development of Election Law on the Supreme Court, 68 Ohio St. L.J. 767 (2007), in Rebecca Curry, Making Law with Lawsuits: Understanding Judicial review in Campaign Finance Policy, 46 Suffolk U. L. Rev. 389 (2013).

Sandra F. Sperino / Summer 2013

In June, Sandra Sperino presented her recently completed article “The Tort Label” at the Harvard/Stanford/Yale Faculty Forum held at Yale Law School.

Her article “Beyond McDonnell Douglas” was accepted for publication in the Berkeley Journal of Employment and Labor Law. Sandra and her co-authors completed the second edition of their casebook, Employment Discrimination: Context and Practice.  The casebook will be published in the fall of 2013.

Sandra served as a contributing editor to four books: Covenants Not To CompeteTrade Secrets, A State-by-State SurveyEmployee Duty of Loyalty, and Tortious Interference in the Employment Context.

Finally, several of Sandra’s articles were cited:

  • Disparate Impact or Negative Impact?: The Future of Non-Intentional Discrimination Claims Brought by the Elderly, 13 Elder L.J. 339, 360 (2005), in E. Ericka Kelsaw, Help Wanted: 23.5 Million Unemployed Americans Need Not Apply, 34 Berkeley J. Emp. & Lab. L. 1 (2013);
  • A Modern Theory of Direct Corporate Liability for Title VII, 61 Ala. L. Rev. 773 (2010), in Kerri Lynn Stone, Decoding Civility, 28 Berkeley J. Gender L. & Just. 185 (2013); 
  • Judicial Preemption of Punitive Damages, 78 U. Cin. L. Rev. 227 (2009), in Cassandra Burke Robertson, The Right To Appeal, 91 N.C. L. Rev. 1219 (2013); and
  • Rethinking Discrimination Law, 110 Mich. L. Rev. 69 (2011), in Lawrence Rosenthal, Saving Disparate Impact, 34 Cardozo L. Rev. 2157 (2013); in Devon W. Carbado, Intraracial Diversity, 60 UCLA L. Rev. 1130 (2013); in Andrew Hsieh, The Catch-22 of ADA Title I Remedies for Psychiatric Disabilities, 44 McGeorge L. Rev. 989 (2013); and in Kerri Lynn Stone, Decoding Civility, 28 Berkeley J. Gender L. & Just. 185 (2013).

 

 

Joseph P. Tomain / Summer 2013

Joe had a very productive summer.  He completed a book, Achieving Democracy: The Future of Progressive Regulation (with Professor Sidney A. Shapiro), which is now in production and will be published by Oxford University Press by the end of the calendar year.

Joe also contributed chapters to a co-authored casebook entitled Energy Law and Policyto be published by Thompson/West.  His book Energy Law in a Nutshell (2nd ed. 2011) (with Judge Richard Cudahy), is being translated into Chinese.

Joe completed an article, Reading Poets, which will be published by St. John’s Law Review.

In June, Joe traveled to Milan, Italy, to present a paper at the 25th Annual Conference of the Society for the Advancement of Socio-Economics, on “The Relationships Between Government and Markets.”

Joe’s article, Shale Gas and Clean Energy Policy, is now in print at 63 Case W. Res. L. Rev. 1187 (2013).

Finally, several of Joe’s publications were cited:

  • Energy Law in a Nutshell (2011), in Alexandra B. Klass, Takings and Transmission, 91 N.C. L. Rev. 1079 (2013), and in Michael M’Gonigle& Louise Takeda, The Liberal Limits of Environmental Law: A Green Legal Critique, 30 Pace Envtl. L. Rev. 1005 (2013);
  • Cyberspace is Outside the Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, 59 Drake L. Rev. 97 (2010), in Patrick E. Mcdonough, Where Good Intentions Go Bad: Redrafting the Massachusetts Cyberbullying Statute to Protect Student Speech, 46 Suffolk U. L. Rev. 627 (2013), and in Jessica K. Boyd, Student Author, Moving the Bully from the Schoolyard to Cyberspace: How Much Protection Is Off-Campus Student Speech Awarded Under the First Amendment?, 64 Ala. L. Rev. 1215 (2013); and
  • “Our Generation’s Sputnik Moment”: Regulating Energy Innovation, 31 Utah Envtl. L. Rev. 389 (2011), in Joshua D. Sarnoff, Government Choices in Innovation Funding (With Reference to Climate Change), 62 Emory L.J. 1087 (2013).

 

Yolanda Vazquez / Summer 2013

Two of Yolanda’s articles were cited:

Marjorie Corman Aaron / April 2013

In April, Marjorie attended the ABA Section on Dispute Resolution conference and  presented on “How to Share A Mediator’s Powers,” which showcased a video Marjorie co-produced with session co-faculty Professor Dwight Golan.  Marjorie also presented in the Legal Educator’s Colloquium at the conference, in a “Shop Talk” plenary panel presentation on “Teaching Mediation Advocacy.”

Marjorie’s article, ADR Toolbox: The Highwire Art of Evaluation, 14 Alternatives to High Cost Litig. 62 (1996), was cited in James H. Stark & Douglas N. Frenkel, Changing Minds: The Work of Mediators and Empirical Studies of Persuasion, 28 Ohio St. J. on Disp. Resol. 263 (2013), and in Dan Maurer, Military Mediation as Military Justice? Conjectures on Repairing Unit Cohesion in the Wake of Relational Misconduct, 28 Ohio St. J. on Disp. Resol. 419 (2013).

Timothy K. Armstrong / April 2013

Three of Tim’s articles were cited in April:

 

Lin (Lynn) Bai / April 2013

On April 11, Lynn spoke with UC Law colleagues Felix Chang and Emily Houh and UC DAAP colleague Edson Cabalfin, on a panel organized by UC Law’s Asian Pacific American Law Students Association on the topic, “Are Asian Americans Perpetual Foreigners?”.  The panel was very ably moderated by UC Law student Jyoshu Tsaushima (’14).

Marianna Brown Bettman / April 2013

In April, Marianna presented a Continuing Judicial Education Lecture in Columbus on “The Top Ten Cases of the Ohio Supreme Court in 2012,” to a group of retired Ohio judges.  Marianna also arranged a meeting between two staffers from the Ohio Justice and Policy Center and Ohio State Supreme Court Chief Justice Maureen O’Connor, which Marianna also attended, to discuss and ensure inclusion in the Continuing Judicial Education presentations of a segment on understanding the CIVICC (Civil Impacts of Criminal Convictions under Ohio Law) data base.

Marianna gave another presentation in UC Law’s new Practicum series, which watches and discusses Ohio Supreme Court arguments.  The presented case, Sondra Anderson v. Barclays Capital Real Estate Inc., d.b.a. Home EqServicing, considers the question of whether mortgage servicers are covered under Ohio’s Consumer Sales Practices Act.  Joining Marianna was Kevin Flynn, adjunct professor of real estate law (and father of rising 2L Kevin Flynn).

Marianna joined several colleagues in UC Law’s second annual  “speed mentoring” events, sponsored by the Center for Career Development, for students to discuss career plans with various faculty members.

Additionally, Marianna arranged for UC Law alum Scott Knox to serve as the Spring 2013 semester’s Harris Distinguished Practitioner.  At his presentation to a packed house of law students, Mr. Knox discussed his rich, rewarding, and inspirational career.  Knox’s practice focuses on disability, AIDS, probate, estate, and LGBT issues.

As usual, Marianna’s generated several posts on her Legally Speaking Ohio blog, where she covered the following topics in April:

  • Oral argument previews and analyses
    • Immunity for doctors working for a state medical center and a private corporation
    • Medical negligence fundamentals
    • Does a gubernatorial pardon guarantee the sealing of records of conviction
    • The constitutionality of the picketing notice requirement of the Ohio Public Employee Collective Bargaining Act
    • A Landlord’s duty to a tenant’s guest in a common area
    • Determining the scope of recreational immunity
    • More Crawford issues
  • Analysis of merit decision
    • Estate of Johnson v. Randall Smith, Inc., Slip Opinion No. 2013-Ohio-1507: R.C. 2317.43, Ohio’s apology statute, applies to any cause of action filed after September 13, 2004,  its date of  enactment

Finally, Marianna published “Sports Torts” in her monthly Legally Speaking column in The American Israelite, as well as a column in the Cincinnati Herald (subsequently picked up in the Ohio Supreme Court daily news clips) titled, “What’s In a Name?”.

 

Barbara Black / April 2013

Two of Barbara’s articles were cited in April: