Brad’s article, Can Plaintiffs Use Multinational Environmental Treaties as Customary International Law to Sue Under the Alien Tort Statute?, 2007 Utah L. Rev. 1085 (2007), was cited in Lauren McCaskill, When Oil Attacks: Litigation Options for Nigerian Plaintiffs in U.S. Federal Courts, 22 Health Matrix 535 (2013).
Janet Moore / March 2013
On March 5, Janet presented on Fact-Busting, Theory-Building, and Story-Boarding: Narrative Strategies for Litigation at the College of Law Faculty “Downtown Teach-In” at the law offices of Frost Brown Todd and Vorys, Sater, Seymour & Pease. With Professor Marjorie Corman Aaron’s leadership, UC Law faculty provided a CLE smorgasbord to an appreciative crowd and raised over $10,000 in scholarship funding for UC Law students.
On March 18, Janet was an invited speaker with the ACLU-Michigan’s Legal Director, Mike Steinberg, at the University of Michigan Law School on the Fiftieth Anniversary of Gideon v. Wainwright. The event was co-sponsored by a number of student organizations, including the Michigan Law chapters of the ACLU, American Constitution Society, Human Rights Association, and Criminal Law Association.
Later that same day, Janet drove back to Cincinnati in time to participate in a panel discussion on Fulfilling the Promise of Gideon: Making Justice a Reality for a System of Crisis before a full house at the National Underground Railroad Freedom Center. The event was sponsored by the Ohio Justice & Policy Center and the Northern Kentucky University Salmon P. Chase College of Law.
On March 19, Janet spoke on Don Giovanni as representative of Deviance and the Law as part of an Opera and the Law program sponsored by the Cincinnati Opera. A large and enthusiastic crowd enjoyed this panel discussion in Corbett Tower at Cincinnati’s Music Hall.
Finally, Janet accepted in March an invitation to speak at a panel discussion on the right to counsel during the August conference of the Southeastern Association of Law Schools in Palm Beach.
Michael E. Solimine / March 2013
Michael’s article, The Solicitor General Unbound: Amicus Curiae Activism and Deference in the Supreme Court, has been accepted for publication in the Arizona State Law Journal. Michael also presented the paper to UC law students as part of the Brown Bag lunches sponsored by SLEC.
Several of Michael’s articles were cited in March:
- Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998)(with William M. Landes & Lawrence Lessig), in Lee Epstein, William M. Landes & Richard A. Posner, The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice (Harvard University Press 2013); in Stepen J. Choi, How Well Do Measures of Judicial Ability Predict Performance? A Case Study of Using Securities Class Actions, 33 Int’l Rev. L. & Econ. 37 (2013); in Jordi Blanes i Vidal & Clare Leaven, Social Interactions and the Content of Legal Opinions, 29 J. L. Econ. & Organ. 78 (2013); in Ryan Whalen, Modeling Annual Supreme Court Influence: The Role of Citation Practices and Judicial Tenure in Determining Precedent Network Growth, 424 Complex Networks: Studies in Computational Intelligence 169 (2013); and in Greg Goelzhauser, Accountability and Judicial Performance: Evidence from Case Dispositions, 33 Just. Sys. J. 249 (2012);
- State Amici, Collective Action, and the Development of Federalism Doctrine, 46 Ga. L. Rev. 355 (2012), in Erin O’Hara O’Connor & Larry Ribstein, Preemption and Choice-of-Law Coordination, 111 Mich. L. Rev. 647 (2013), and in Christopher J. Wahl, Comment, Keeping Heller Out of the Home: Homeowners Association and the Right to Keep and Bear Arms, 15 U. Pa. J. Const. L. 1003 (2013);
- Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1998), in Marin K. Levy, Judicial Attention as a Scarce Resource: A Preliminary Defense of How Judges Allocate Time Across Cases in the Federal Courts of Appeals, 81 Geo. Wash. L. Rev. 401 (2013);
- Diluting Justice on Appeal? An Analysis of the Use of District Judges Sitting by Designation on the United States Courts of Appeals, 28 U. Mich. J. L. Ref. 351 (1995)(with Richard Saphire), in Roger J. Miner, “Dealing with the Appellate Caseload Crisis”: The Report of the Federal Courts Study Committee Revisited, 57 N.Y.L.S. L. Rev. 517 (2012-13);
- 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 Shay Lavie, The Malleability of Collective Litigation, 88 Notre Dame L. Rev. 697 (2012);
- State Court Regulation of Offers of Judgment and Its Lessons for Federal Practice, 13 Ohio St. J. Dispute Res. 51 (1997)(with Bryan Pacheco), in Jacob Kreutzen, The Difficulties of Encouraging Cooperation in a Zero-Sum Game, 65 Me. L. Rev. 147 (2012); and
- Federalism, Liberty, and State Constitutional Law, 23 Ohio N.U. L. Rev. 1457 (1997) (with James L. Walker), in Christopher J. Wahl, Comment, Keeping Heller Out of the Home: Homeowners Association and the Right to Keep and Bear Arms, 15 U. Pa. L. Const. L. 1003 (2013).
Sandra F. Sperino / March 2013
Sandra co-authored an amicus brief in the case of University of Texas Southwestern Medical Center v. Nassar, which will be argued before the Supreme Court in April of 2013.
Her article The Tort Label was accepted for publication in the Florida Law Review. It will be published in the fall of 2013.
Finally, Sandra’s articles, Rethinking Discrimination Law, 110 Mich. L. Rev. 69, 71 (2011), Discrimination Statutes, the Common Law, and Proximate Cause, 2013 U. Ill. L. Rev. 1, 34, and The New Calculus of Punitive Damages for Employment Discrimination Cases, 62 Okla. L. Rev. 701, 709 (2010), were cited in William R. Corbett, Unmasking a Pretext for Res Ipsa Loquitur: A Proposal to Let Employment Discrimination Speak for Itself, 62 Am. L. Rev. 447 (2013).
Joseph P. Tomain / March 2013
Several of Joe’s publications were cited:
- Nuclear Futures, 15 Duke Envtl. L. & Pol’y F. 221 (2005), win Maxwell S. Bayman, Subsidizing Advanced Nuclear Energy, 9 Okla. J. L. & Tech. 62 (2013);
- Nuclear Power Transformation (1987), in Maxwell S. Bayman, Subsidizing Advanced Nuclear Energy, 9 Okla. J. L. & Tech. 62 (2013); and
- Nuclear Transition: From Three Mile Island to Chernobyl, 28 Wm. & Mary L. Rev. 363 (1987), in Maxwell S. Bayman, Subsidizing Advanced Nuclear Energy, 9 Okla. J. L. & Tech. 62 (2013).
Yolanda Vazquez / March 2013
Yolanda was invited to speak on Immigration and Comprehensive Immigration Reform at Lakota East High School in Liberty, OH on March 13.
Yolanda also was invited to present a paper, The Gideon Effect: Fifty Years Later, as part of a symposium put on by the Yale Law Journal, at Yale Law School on March 8 in New Haven, CT.
Marjorie Corman Aaron / Jan. & Feb. 2013
In January, Marjorie presented two sessions at the CPR Institute for Dispute Resolution‘s Annual Winter Meeting. There, she presented to a group of young lawyers, as well as on a plenary session focusing on the challenges of delivering bad news to clients, which drew from her book, Client Science.
Timothy K. Armstrong / Jan. & Feb. 2013
Two of Tim’s articles were cited in January and February of 2013:
- Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Policy 203 (2004), in Student Author, The SEC is Not an Independent Agency, 126 Harv. L. Rev. 781 (2013); and
- Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, 47 Harv. J. on Legis. 359 (2010), in Nicholas W. Bramble, Safe Harbors and the National Information Infrastructure, 64 Hastings L.J. 325 (2013).
Marianna Brown Bettman / Jan. & Feb. 2013
In January, Marianna helped moot Ohio Innocence Project (OIP) staff attorney Carrie Wood for Ms. Wood’s oral argument before the Ohio Supreme Court in State v. Noling.
In her Legally Speaking Ohio blog, Marianna posted in January on topics such as: the confidentiality of medical records, the interpretation of Ohio’s Health Care Provider Apology Statute, evaluating the merits of plaintiff’s claims when denying class certification, the admissibility of a student’s out of court statements to teachers in an abuse case, the admissibility of a non-testifying co-defendant’s statements through an investigating police officer in a murder case, the definition of “teacher” for purposes of participation in the State Teachers’ Retirement System, the appropriate sanction for a state discovery violation in a criminal case, and the appropriate standard for new DNA testing by a convicted murderer claiming innocence. Marianna had another busy month of blogging in February, when she posted on the following: are mortgage servicers covered under the Consumer Sales Practices Act, is the firing of a public school teacher a first amendment violation or Inappropriate injection of Christian beliefs into science class, filing suit under a pseudonym in a sex abuse case, two class action certification cases, sovereign immunity and employer intentional torts, the confidentiality of medical records, interpretation of Ohio’s health care provider apology statute.
Also in February, Marianna published An outstanding arrest warrant doesn’t ‘cleanse’ an earlier bad detention, in her monthly Legally Speaking column in The American Israelite. She additionally instituted the first in a series of practicums at UC Law called Practically Speaking, which is viewing a current Ohio Supreme Court case and then discussing it for style and substance; the February Practicuum featured OIP staff attorney Carrie Wood, who discussed State v. Noling (see above), a case in which Ms. Wood argued before the Ohio Supreme Court on the right to additional DNA testing by a prisoner on death row.
Barbara Black / Jan. & Feb. 2013
In January, Barbara published The SEC and the Foreign Corrupt Practices Act: Fighting Global Corruption is Not Part of the SEC’s Mission, 73 Ohio St. L. J. 1093 (2012), and Investor Protection Meets the Federal Arbitration Act, 1 Stanford J. Complex Litigation 1 (2012) (with Jill I. Gross).
Just after publication of the above-cited Stanford article, a Financial Industry Regulatory Authority (FINRA) hearing panel decided the disciplinary proceeding involving Charles Schwab’s class action waiver that was discussed in Barbara and Prof. Gross’s article, holding that the FINRA rule prohibiting class action waivers is unenforceable because of the Federal Arbitration Act. Barbara and Prof. Gross discuss the FINRA decision and why it is wrong in a column that will be published in mid-March at the Columbia Law School Blue Sky Blog.
In February, Barbara, who is often asked to comment on newsworthy cases by national news and media outlets, was quoted in a Law360 article, Schwab Wins One for the Broker, Threatening Class Actions, about the Schwab disciplinary
On February 8, Barbara presented a paper on FINRA Sanctions: Theory and Practice at a symposium at a Brooklyn Law School Symposium: Growth and Importance of Compliance in Financial Firms: Meaning and Implications. The Symposium was reported on by Reuters in Compliance is today’s slogan for upcoming law graduates, conference speakers say.