Faculty News

Marjorie Corman Aaron / April-June 2014

Marorie’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).



Timothy K. Armstrong / April-June 2014

Tim presented a short paper entitled “The DMCA and the Cell Phone Unlocking Debate” as part of the College’s 2014 Downtown Teach-In for student scholarships, and to a student audience at the College of Law.
Several of Tim’s articles were cited:

Lin (Lynn) Bai / April-June 2014

Several of Lynn’s articles were cited:

Marianna Brown Bettman / April-June 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.

Marianna’s blog Legally Speaking Ohio was recently added to the ABA Blog Directory. Her April, May, and June posts on the popular blog covered the following topics and issues:

  • 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.

In her monthly column in the American Israelite, Legally Speaking, Marianna published Sentencing a Juvenile Homicide Offender and Current Goings-On About the Death Penalty.


Louis D. Bilionis / April-June 2014

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).

Barbara Black / April-June 2014

Several of Barbara’s publications were cited:

A. Christopher Bryant / April-June 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:

Felix B. Chang / April-June 2014

Felix was awarded a 2014 Goldman Prize for Excellence in Teaching.  Read more about Felix’s outstanding teaching here.

Jacob Katz Cogan / April-June 2014

Several of Jacob’s articles were cited:


Mark A. Godsey / April-June 2014

Several of Mark’s articles were cited:

Emily M.S. Houh / April-June 2014

Emily’s most recent article, co-authored with UC Law colleague Kristin Kaslem, is now in print: It’s Critical: Legal Participatory Action Research, 19 Mich. J. Race & L. 287 (2014).

Ann Hubbard / April-June 2014

Ann’s article Meaningful Lives and Major Life Activities, 55 Ala. L. Rev. 997 (2004), was cited in Michael E. Waterstone, Disability Constitutional Law, 63 Emory L.J. 527 (2014).

Kristin Kalsem / April-June 2014

Kristin’s most recent article, co-authored with UC Law colleague Emily Houh, is now in print: It’s Critical: Legal Participatory Action Research, 19 Mich. J. Race & L. 287 (2014).

Christo Lassiter / April-June 2014

Christo’s article TV or Not TV – That Is the Question, 86 J. Crim. L. & Criminology 928 (1996), was cited in Jamie K. Winnick, A Tweet Is(N’t) Worth a Thousand Words: The Dangers of Journalists’ Use of Twitter to Send News Updates from the Courtroom, 64 Syracuse L. Rev. 335 (2014); and in Christina Carmody Tilley, I am a Camera: Scrutinizing the Assumption that Cameras in the Courtroom Furnish the Public Value by Operating as a Proxy for the Public, 16 U. Pa. J. Const. L. 697 (2014).

Elizabeth Lenhart / April-June 2014

Betsy was awarded a 2014 Goldman Prize for Excellence in Teaching.  Read more about Betsy’s outstanding teaching here.

Bert B. Lockwood / April-June 2014

Bert’s article The United Nations Charter and United States Civil Rights Litigation: 1946-1955, 69 Iowa L. Rev. 901 (1984), was cited in Beth Stephens, The Curious History of the Alien Tort Statute, 89 Notre Dame L. Rev 1467 (2014).

S. Elizabeth Malloy / April-June 2014

Betsy’s article Recalibrating the Cost of Harm Advocacy: Getting Beyond Brandenburg, 41 Wm. & Mary L. Rev. 1159 (2000), was cited in Barton Lee, 92 N.C. L. Rev 1393 (2014).

Bradford C. Mank / April-June 2014

Two of Brad’s most recent articles are now in print:

On April 10, Brad gave a presentation, titled Administrative Law Overview, to the Immigration Section of the Cincinnati Bar Association.

Several of Brad’s articles were cited:

Stephanie Hunter McMahon / April-June 2014

Stephanie’s most recent article is now in print: What Innocent Spouse Relief Says about Wives and the Rest of Us, 37 Harv. J. L. & Gender 141 (2014).


Janet Moore / April-June 2014

Janet’s paper, Inequality Aversion, Democracy Enhancement, and the Right to Choose an Attorney, was accepted for presentation at Loyola University-Chicago’s Constitutional Law Colloquium which will take place in November 2014 and where Dean Erwin Chemerinsky of the University of California-Irvine School of Law will be keynote speaker.

Janet was invited to present her paper The Duty to Communicate at a colloquium of senior and junior scholars in constitutional criminal procedure and ethics held at Fordham Law School from June 8-11.

Janet’s co-authored empirical piece, Unnoticed, Untapped, and Underappreciated: Clients’ Perceptions of their Public Defenders, was completed and submitted for consideration to a peer-reviewed journal.

Janet was the invited opening speaker at the annual Criminal Law Symposium at the University of Illinois College of Law on April 26, where her topic was Opening the Black Box: Challenges and Possibilities for Criminal Discovery Reform.  The event was attended by federal judges, prosecutors, defense lawyers, law professors, and students.

Janet’s article Democracy and Criminal Discovery Reform after Connick and Garcetti, 77 Brook. L. Rev. 1329 (2012), was cited in Brian P. Fox, An Argument Against Open-File Discovery in Criminal Cases, 89 Notre Dame L. Rev. 425 (2013); in R. Michael Cassidy, (Ad)ministering Justice: A Prosecutor’s Ethical Duty to Support Sentencing Reform, 45 Loy. U. Chi. L.J. 981 (2014); in Ellen Yaroshefsky, New Orleans Prosecutorial Disclosure in Practice After Connick v. Thompson, 25 Geo. J. Legal Ethics 913 (2012); in Margaret Tarkington, A First Amendment Theory for Protecting Attorney Speech, 45 U.C. Davis L. Rev. 27 (2011); and in Ellen Yaroshefsky, Why Do Brady Violations Happen?: Cognitive Bias and Beyond 37 Champion 12 (2013), and in Beyond the Brady Rule, a New York Times op-ed (May 19, 2013), which was published after Janet was interviewed on the subject of criminal discovery reform by New York Times Editorial Board member Lincoln Caplan.


Michael E. Solimine / April-June 2014

Michael was a drafter of and signatory to amicus curiae briefs of law professors in recent Ohio Supreme Court (ProgressOhio v. JobsOhio) and U.S. Supreme Court (Halliburton Co. v. Erica P. John Fund, Inc.) decisions. In each case a majority of the Court adopted the position advocated by the briefs.

Several of Michael’s articles were cited.

  • The Next Word: Congressional Response to Supreme Court Statutory Decisions, 65 Temp. L. Rev. 425  (1992)(with James L. Walker), in Richard H. Pildes, Institutional Formalism and Realism in Constitutional and Public Law, 2013 Sup. Ct. Rev. 1; and in Matthew R. Christiansen & William N. Eskridge, Jr., Congressional Overrides of Supreme Court Statutory Interpretation Decisions, 1967-2011, 92 Tex. L. Rev. 1317 (2014);
  • The Future of Parity, 46 Wm. & Mary L. Rev. 1457 (2005), in Richard H. Pildes, Institutional Formalism and Realism in Constitutional and Public Law, 2013 Sup. Ct. Rev. 1;
  • Supreme Court Monitoring of the United States Courts of Appeals En Banc, 9 Sup. Ct. Econ. Rev. 171 (2001)(with Tracey George), in Stephen M. Shapiro, et al., Supreme Court Practice (Bloomberg BNA, 10th ed. 2014);
  • The Supreme Court and the DIG: An Empirical and Institutional Analysis, 2005 Wis. L. Rev. 1421 (with Rafael Gely), in Stephen M. Shapiro, et al., Supreme Court Practice (Bloomberg BNA, 10th ed. 2014);
  • Diluting Justice on Appeal?: An Analysis of the Use of District Judges Sitting by Designation on the United States Courts of Appeal, 28 U. Mich. J. L. Ref. 351 (1995)(with Richard Saphire), in Jeremy W. Beck, Restructuring the Federal Circuit, 3 NYU J. Intell. Prop. & Ent. L. 197 (2014);
  • Congress, Separation of Powers, and Standing, 59 Case. W. Res. L. Rev. 1023 (2009), in A.G. Harmon, Interested, But Not Injured: The Compromised Status of Qui Tam Plaintiffs Under the Amended False Claims Act and the Return of the Citizen Suit, 43 Pub. Cont. L.J. 423 (2014);
  • Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity, 10 Hastings Const. L.Q. 213 (1983)(with James Walker), in Sam F. Halabi, Abstention, Parity, and Treaty Rights: How Federal Courts Regulate Jurisdiction Under the Hague Convention on the Civil Aspects of International Child Abduction, __ Berkeley J. Int’l L. 144 (2014);
  • Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeal Under Rule 23(f), 41 Wm. & Mary L. Rev. 1531 (2000)(with Christine Oliver Hines), in Michael E. Harriss, Note, Rebutting the Roberts Court: Reinventing the Collateral Order Doctrine through Judicial Decision-Making, 91 Wash. U. L. Rev. 721 (2014).
  • Newsmagazine Coverage of the Supreme Court, 57 Journalism Q. 661 (1980), in Kevin G. Buckler, The Newsworthiness of U.S. Supreme Court Criminal Procedure Cases (1994-2010 Terms): Assessing the Effects of Case Salience and Case Complexity Across Elite and Populace Press, 39 Crim. Just. Rev. 140 (2014); and
  • Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 355 (2002), in Cristina M. Rodríguez, Uniformity and Integrity in Immigration Law: Lessons from the Decisions of Justice (and Judge) Sotomayor, Yale L. J. Forum (March 24, 2014).

Sandra F. Sperino / April-June 2014

Sandra completed an article, titled Let’s Pretend Title VII is a Tort, which is forthcoming in the Ohio State Law Journal.

Sandra launched a new blog, called Friend of the Court, which explores cutting edge and emerging issues in employment discrimination law.  It provides in-depth, substantive commentary on each topic and discusses history, theory, doctrine. and policy implications.  The goal of Friend of the Court is to assist courts, lawyers, and policymakers as they navigate complex discrimination issues.  Additionally, Sandra is serving as a contributor at the Workplace Prof Blog.

Several of Sandra’s articles were cited:

  • A Modern Theory of Direct Corporate Liability for Title VII, 61 Ala. L. Rev. 773 (2010), in Curtis J. Bankers, Identifying Employers’ “Proxies” in Sexual-Harassment Litigation, 99 Iowa L. Rev. 1785 (2014), and in Michael W. Disotell, Interpreting Title VII: The Discord Between Legisprudence and Jurisprudence and Its Impact on Small Businesses, 9 Ohio St. Entrepreneurial Bus. L.J. 35 (2014);
  • Recreating Diversity in Employment Law by Debunking the Myth of the McDonnell Douglas Monolith, 44 Hous. L. Rev. 349 (2007), in David Sherwyn, Michael Heise, & Zev J. Eigen, Experimental Evidence That Retaliation Claims Are Unlike Other Employment Discrimination Claims, 44 Seton Hall L. Rev. 455 (2014);
  • Rethinking Discrimination Law, 110 Mich. L. Rev. 69 (2011), in Lucas Loafman & Andrew Little, Race, Employment and Crime: The Shifting Landscape of Disparate Impact Discrimination Based on Criminal Convictions, 51 Am. Bus. L.J. 251 (2014).
  • Fakers and Floodgates, 10 Stan. J. C.R. & C.L. (forthcoming 2014) ( (with Suja Thomas), in William B. Gould IV, The Supreme Court, Job Discrimination, Affirmative Action, Globalization, and Class Actions: Justice Ginsburg’s Term, 36 U. Haw. L. Rev. 371 (2014); and
  • Judicial Preemption of Punitive Damages, 78 U. Cin. L. Rev. 227, 252 (2009), in Andrew S. Polis, The Death of Inference, 55 B.C. L. Rev. 435, 490 (2014).

Joseph P. Tomain / April-June 2014

Several of Joe’s publications were cited:

  • Executive Agreements and the Bypassing of Congress, 8 J. Int’l. L. & Econ. 129 (1973), in Richard Albert, Constitutional Disuse or Desuetude: The Case of Article V, 94 B.U. L. Rev 1029 (2014);
  • Nuclear Futures, 15 Duke Envtl. L. & Pol’y F. 221 (2005), in Katherine Trisolini, Holistic Climate Change Governance: Towards Mitigation and Adaptation Synthesis, 85 U. Colo. L. Rev. 615 (2014); and
  • The Dominant Model of United States Energy Policy, 61 U. Colo. L. Rev. 335 (1990), in Jon Truby, Enforcement Activism of the EU’s Renewable Energy Directive During the Global Financial Crisis, 38 Wm. & Mary Envtl. L. & Pol’y Rev. 695 (2014).


Yolanda Vazquez / April-June 2014

Two of Yolanda’s articles were cited:

Verna L. Williams / April-June 2014

Several of Verna’s articles were cited:

Marjorie Corman Aaron / Feb. & Mar. 2014

For the second year in a row, Marjorie organized UC Law’s Downtown Teach-in, which took place on March 7 and raises money for student scholarships.  UC Law faculty presented CLE sessions based on their own areas of research on a broad range of topics.

Marjorie’s article, Using Evaluation in Mediation, 52 Disp. Resol. J. 26 (1997), was cited in Michael T. Colatrella Jr., Informed Consent in Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring the Mediator’s Ethical Duties, 15 Cardozo J. Conflict Resol. 705 (2014).