REIMAGINING SCHOLARSHIP;
REDEFINING SCHOLARS
Cincinnati Law faculty are reimagining what scholarship means. Each professor’s work combines the best of traditional scholarship with a focus on how to engage students, the community and the legal profession with the cutting-edge legal issues facing society. We invite you to learn more about Cincinnati law faculty.
FACULTY PROFILES & SCHOLARSHIP HIGHLIGHTS
MARJORIE CORMAN AARON Marjorie Corman Aaron, Director of the Center for Practice, is a soughtafter mediator, a sustaining academic member of the International Institute for Conflict Prevention & Resolution (CPR) and serves on CPR's Alternative Dispute Resolution Training Faculty. Professor Aaron also is an arbitrator for the national panel of the American Arbitration Association and the CPR Institute of Dispute Resolution. She previously served on the Ohio Commission on Dispute Resolution and Conflict Management and the Ethics Commission of the CPR Institute for Dispute Resolution.
Significant Highlights • Professor Aaron developed a website —clientsciencecourse.com—to deliver client counseling courses to law schools. • She is the author of Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities (2012) (Oxford University Press) as well as numerous articles, book chapters, cases, dvds, and guides in the field of negotiation, mediation and other forms of dispute resolution.
Selected Publications • “Risk and Rigor: A Practical Guide to Decision Trees for Fully Informed Lawyers and Clients,” accepted for publication by the University of Cincinnati Press. • Dale Doran Employment NonCompete Case, Interviewing and Counseling video, directed and co-produced with Dwight Golann, available through the ABA/Suffolk website (2016). • “Shaking Decision Trees for Risks and Rewards” (co-authored with Wayne Brazil), Dispute Resolution Magazine (Fall 2015).
TIMOTHY K. ARMSTRONG Timothy K. Armstrong, Professor of Law, has teaching and research interests focused on copyright and other intellectual property law, digital rights management and other legal issues arising from networked communications technologies, licensing and other issues surrounding free and open-source software, and statutory interpretation. He is the co-author of Info/Law, a weblog focusing on legal issues arising from the domain of high technology and the Internet.
Selected Publications • “Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II?”, accepted for publication (Michigan Telecommunications and Technology Law Review 2018, now in print). • “Chevron Deference and Agency Self-Interest” Cornell Journal of Law and Public Policy 13 (2004), cited in Justice Neil Gorsuch’s opinion in Scenic America, Inc. v. Dep’t of Transp., no. 16-739. • “Two Comparative Perspectives on Copyright’s Past and Future in the Digital Age”, John Marshall Review of Intellectual Property Law 15 (2016). • “Dueling Monologues on the Public Domain: What Digital Copyright Can Learn from Antitrust,” University of Cincinnati Intellectual Property & Computer Law Journal 1 (2016) • “The DMCA and the Cell Phone Unlocking Debate,” University of Cincinnati Public Law Research Paper No. 14-04. (2014)
Significant Highlights • Before joining the College of Law faculty, Professor Armstrong worked as a Clinical Teaching Fellow for the Berkman Center for Internet & Society at Harvard Law School. In that capacity, he served as Assistant Director of the Berkman Center’s Clinical Program in Cyberlaw and co-taught the course “Internet & Society: The Technologies and Politics of Control,” at the Harvard Extension School.
LIN (LYNN) BAI Lin (Lynn) Bai, Professor of Law, has significant experience in the areas of corporate finance and securities law. Professor Bai’s scholarship focuses on securities and financial regulation. In addition to teaching in the area of corporate finance, she engages in analyses of securities and financial regulation. Before joining the faculty, Professor Bai was a corporate lawyer with O’Melveny & Myers and an investment banker with Oppenheimer & Co., and a senior manager for the Hong Kong Securities and Futures Commission.
Significant Highlights • Her article, “There are Plaintiffs, and . . . There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements” (co-authored with James D. Cox and Randall S. Thomas), was selected as one of the “Top 10 Corporate and Securities Articles of 2008” by Corporate Practice Commentator. Professor Bai also frequently serves as a referee for contributions submitted to The Journal of Legal Studies and to the Journal of Law, Economics, and Policy.
Selected Publications • Her articles are published in the University of Pennsylvania Law Review, the Vanderbilt Law Review, and the Wisconsin Law Review, among others. • “Brokers-Dealers, Institutional and Fiduciary Duty: Much Ado About Nothing?” William & Mary Business Law Journal 5 (2013)
JENNIFER PASCHEN BERGERON
LOUIS D. BILIONIS
Jennifer Paschen Bergeron, Assistant Professor of Clinical Law, is a litigator with a strong focus on public interest work. While working at Vorys, Sater, Seymour and Pease, and Ulmer & Berne LLP, she focused on employment litigation. Intrigued by the work of the OIP, she followed the case of Clarence Elkins, one of its first exonerees, which impacted her decision to turn her eyes to social justice. Professor Bergeron works closely with law students, training a new group of fellows each year.
Louis D. Bilionis, Dean Emeritus and John Robert Droege Professor of Law, is a nationally recognized scholar in the areas of constitutional law and criminal law and procedure. Dean Emiritus Bilionis’s work has been published in leading law journals such as the Michigan Law Review, Texas Law Review, Georgetown Law Journal, University of California-Los Angeles Law Review, Emory Law Journal, North Carolina Law Review, and Law and Contemporary Problems.
Significant Highlights & Other Projects • Gives presentations to international audiences about the Ohio Innocence Project, wrongful convictions and the innocence movement. • Appeared on radio station WVXU’s Cincinnati Edition to discuss the work of the OIP.
Significant Highlights • Delivered presentations on strategies for effectuating change in law schools at three programs hosted by the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law, Minneapolis. • Spoke on leadership development and legal education at Santa Clara University School of Law.
Selected Publications • “Law School Leadership and Leadership Development for Developing Lawyers,” Santa Clara Law Review, 58 (2018) • “Bringing Purposefulness to the American Law School’s Support of Professional Identity Formation,” University of St. Thomas Law Journal 14 (2018) • “Professional Formation and the Political Economy of the American Law School” Tennessee Law Review 83 (2016)
A. CHRISTOPHER BRYANT A. Christopher Bryant, Professor of Law, is a prolific scholar and an awardwinning teacher of constitutional law. He is a recognized expert on the scope and exercise of national legislative power and the respect that Congressional action is owed from the federal judiciary.
MICHELE BRADLEY Michele Bradley, Professor of Practice, teaches legal analysis, research, writing, and advocacy skills, as well as legal ethics. Professor Bradley began her career in private practice at Frost Brown Todd and Webb, Lindsey & Wade, gaining expertise in environmental law, food and drug law and commercial litigation.
Significant Highlights • Prior to the law, she worked in product development for Fortune 500 Company Procter & Gamble. • She later worked in private practice, providing counseling and litigation support to small businesses, local governments, and individuals and assisting clients on matters ranging from employment issues, intellectual property protection, and regulatory compliance.
Selected Publications • “Emphasizing the ‘R’ in LRW: Customizing Instruction for Real World Practices,” The Second Draft, a publication of the Legal Writing Institute (2017). • “The Complete Professional: How our New Professional Ideals for Law Students Help Us in the Legal Research and Writing Classroom,” written with professor Nancy Oliver, accepted for publication in an upcoming edition of Perspectives: Teaching Legal Research and Writing.
Professor Bryant has published articles in the Cornell Law Review, George Washington Law Review, BYU Law Review, Notre Dame Journal of Legislation, and William & Mary Bill of Rights Journal. Professor Bryant is co-author of the book, “Powers Reserved for the People and the States”: A History of the Ninth and Tenth Amendments (Greenwood Press).
Selected Publications • “How the Prohibition on ‘UnderRuling’ Distorts the Judicial Function (And What to do About it),” with (Kimberly Breedon), Pepperdine Law Review 45 (2018) • “The Brand vs. the Man: Considering a Constructive Trust as a Remedy for President Trump’s Alleged Violations of the Foreign Emoluments Clause,” ConLaw Now 9 (2018)
DONALD CASTER Donald Caster, Assistant Professor of Clinical Law, has worked as both a prosecutor and a defense attorney. This experience has given him insight into a prosecutor’s point of view on postconviction cases, which is invaluable as a staff attorney and teacher with the Ohio Innocence Project (OIP).
A Selection of Scholarship & Other Projects • “Taking a Mulligan: The Special Challenges of Narrative Creation in the Post-Conviction Context,” University of Maryland Francis King Carey School of Law Review 76 (2017) • Participated in a panel discussion on WVXU’s Cincinnati Edition about wrongful arrests in January. • Give presentations about wrongful conviction and the work of OIP to educate the public and legal communities about the program. This includes presentations for the Ohio Center for Law-Related Education, the American Academy of Forensic Sciences, and Bar associations throughout the country.
FELIX CHANG Felix Chang, Associate Professor of Law | Co-Director, Corporate Law Center, focuses his scholarship on comparative law and also concentrates his work on financial reform, particularly the intersections of financial regulation and antitrust. He has written on bank tying activities, derivatives clearinghouses, and the balance between antitrust and regulation after Dodd-Frank.
Significant Highlights • His current project, Roma Inclusion and U.S. Civil Rights: A Legal and Cultural Comparison, (under contract with Cambridge University Press), compares Roma inclusion in Eastern Europe with desegregation in the American South. This topic served as the basis of an interdisciplinary, intersectional conference in which scholars examined the challenges to racial equality faced by Europe and the United States.
Selected Publications • “Roma Integration ‘All the Way Down’: Lessons from Federalism and Civil Rights,” Critical Romani Studies 1 (2018). • “Asymmetries in the Generation and Transmission of Wealth,” Ohio State Law Journal 79 (2018) • “Second-Generation Monopolization: Parallel Exclusion in Derivatives Markets,” Columbia Business Law Review (2016) (selected for the 2016 Next Generation of Antitrust Scholars Conference at NYU School of Law) • “Financial Market Bottlenecks and the ‘Openness’ Mandate,” George Mason Law Review 23 (2015) (selected for the 2014 American Society of Comparative Law Younger Comparativists Committee Workshop on Comparative Business and Financial Law at University of California-Davis School of Law) • “The Systemic Risk Paradox: Banks and Clearinghouses under Regulation,” Columbia Business Law Review (2014) (selected for the 2014 Junior Faculty Business and Financial Law Workshop at George Washington Law School’s Center for Law, Economics, and Finance)
MARK GODSEY JACOB KATZ COGAN Jacob Katz Cogan, Judge Joseph P. Kinneary Professor of Law, is one of the foremost authorities on international law. His scholarly research projects include: a study of the changing scope of international law—how the purview of international law and institutions has shifted over time; an exploration of “operational international law”—the informal (and sometimes hidden) rules that are created through the practices and understandings of states and international institutions; and a closer look at the structures of global governance, especially international organizations.
Significant Highlights
Selected Publications
• Professor Cogan is the co-editor of The Oxford Handbook of International Organizations (2016) and Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (2011).
• Submitted an article about international organizations for publication in Concepts for International Law—Contributions to Disciplinary Thought.
• His articles and essays have appeared in the American Journal of International Law, the European Journal of International Law, the Harvard International Law Journal, and the Yale Journal of International Law, among other journals.
• “International Organizations, in Fundamental Concepts for International Law – The Construction of a Discipline,” (Jean d’Aspremont & Sahib Singh eds., forthcoming 2018)
• Professor Cogan is the recipient of the Francis Deák Prize of the American Society of International Law. He is an active member of the American Society of International Law and an elected member of the American Law Institute. • For many years, he has edited the International Law Reporter, a widely read blog on scholarship, events, and ideas in international law, international relations, and associated disciplines. • He was recently elected a member of the Executive Council of the American Society of International Law, the preeminent international law learned society in the United States.
• Financing and Budgets, in The Oxford Handbook of International Organizations, (2016) • “Certain Activities Carried Out by Nicaragua in the Border Area; Construction of a Road in Costa Rica Along the San Juan River,” American Journal of International Law 110 (2016) • “The Two Codes on the Use of Force,” (with Monica Hakimi) European Journal of International Law 27 (2016) • “Stabilization and the Expanding Scope of the Security Council’s Work”, American Journal of International Law 109 (2015)
Mark Godsey, Daniel P. and Judith L. Carmichael Professor of Law | Director of the Ohio Innocence Project, is one of the leading attorneys and activists globally in the Innocence Movement. The OIP is recognized as one of the most active and successful Innocence Projects in the world, and to date secured the release of 27 individuals on grounds of innocence who together served almost 500 years in prison for crimes they did not commit. Professor Godsey’s book, Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions, was published Fall 2017. In Blind Injustice, Godsey explores distinct psychological human weaknesses inherent in the criminal justice system, illustrating them with stories from his time as a hard-nosed prosecutor and then as an OIP attorney.
Significant Highlights • This past year, on behalf of the Ohio Innocence Project, Professor Godsey accepted the Outstanding Organization Award from the Ohio State Bar Foundation and the Rescuer of Humanity Award from Project Love, a major philanthropic organization in Cleveland, OH. • Professor Godsey was recently appointed by Supreme Court of Ohio Chief Justice Maureen O’Connor to the Task Force to Examine Improvements to the Ohio Grand Jury System. • He serves on the Executive Board of the Innocence Network, the organization representing Innocence Projects in the United States and around the world, and serves as cochair of the International Committee. He has been a leading figure in spreading awareness of wrongful convictions around the world, and with assisting lawyers and scholars in other countries to establish mechanisms for fighting wrongful convictions. Professor Godsey has widely lectured and consulted on the subject in Asia, Africa and Europe, and helped establish the European Innocence Network.
Selected Publications • His book Blind Injustice was featured on the TV show “America’s Lawyers” with Mike Popantonio, positively reviewed in The Economist magazine, The Nation and ranked as a Favorite Book of 2017 by The Progressive. • “Innocence as a Global Civil Rights Movement and International Human Right,” chapter in Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, (2016) • “The Human Factor in Wrongful Convictions Across National Borders,” chapter in Understanding Wrongful Conviction: The Protection of the Innocence Across Europe and America, edited by Prof. Luca Luparia (2015) • “False Confessions and How Miranda Failed the Innocent,” Boston University Law Review 96 (2016)
KENNETH J. HIRSH
LEWIS GOLDFARB Lewis Goldfarb, Professor of Clinical Law | Director of Clinical Programs and Experiential Learning, founded and directs Cincinnati Law’s Entrepreneurship and Community Development Clinic and the Patent and Trademark Clinic. Once an entrepreneur himself, Professor Goldfarb is both a business lawyer and a certified public accountant. Under his direction the ECDC has provided over $1M worth of legal services to the small business community in its first six years; and the PTC has provided over $30K of legal service in its first year.
Significant Highlights • Professor Goldfarb spent most of his legal career as in-house counsel for Honda of America Mfg., Inc., which gave him a strong foundation for succeeding positions. • He has been honored with the Cincinnati Business Courier’s Second Act Award and the U.S. Small Business Administration’s Legal Champion Award. • Professor Goldfarb co-authored the book, Bulls, Bears, and the Ballot Box: How the Performance of Our Presidents Has Impacted Your Wallet. A review of 80 years of our nation’s economic history, the book explores which presidents and political parties have been the best and worst economic stewards for the nation, the business community, and the average American family. • Provided legal training and/or advice in Spanish to Latino/a-owned businesses in a three-day program in 2018, led by law student Gibran Pena-Porras and assisted by a collaboration between the Entrepreneurship and Community Development Clinic and UC Law’s Latino Law Student Association.
Kenneth J. Hirsh, Professor of Practice | Director, Robert S. Marx Law Library, has extensive experience and expertise in reference and information technology. His reputation as an innovator allows him to bring his legal education, practice background, and technical knowledge to students and faculty. A prominent leader in two of the foremost organizations in his field, the American Association of Law Libraries (AALL) and the Center for Computer Assisted Legal Instruction (CALI), Professor Hirsh has been honored by both organizations for his outstanding service and contribution.
Significant Highlights • A former president of the AALL’s Southeastern Chapter and a current member of AALL’s Executive Board, he served on the CALI Board of Directors for 12 years.
Selected Publications • Featured in the article “The Badass Librarians of Jeopardy!” American Libraries 48 (2017) • Ipso Facto, Blogging • “Like Mark Twain: The Death of Academic Law Libraries Is an Exaggeration” Law Librarian Journal 106 (2014)
EMILY HOUH Emily Houh, Gustavus Henry Wald Professor of the Law and Contracts, codirects the Center for Race, Gender, and Social Justice, nationally acclaimed for its interdisciplinary approach that brings together scholars, community activists, students, and thought leaders to explore today’s pressing questions. Much of Professor Houh’s scholarship focuses on the interplay between contract law, critical race theory, and socioeconomic (in) equality. Her recent work with colleague Professor Kristin Kalsem examines how participatory action research methods can be used to engage in critical race/feminist praxis, by exploring the raced and gendered nature of the “fringe economy.”
Significant Highlights • Her articles are published in the Cornell Law Review and the Hastings Law Journal, among others.
Selected Publications • “Campus Activism, Academic Freedom, and the AAUP,” Academe (2016) • “Sketches of A Redemptive Theory of Contract,” Hastings Law Journal 66 (2015). • “Theorizing a Legal Participatory Action Research: Critical Race/ Feminism and Participatory Action Research,” (with Kristin Kalsem) Qualitative Inquiry 20 (2014) • “It’s Critical: Legal Participatory Action Research,” (with Kristin Kalsem) Michigan Journal of Race and Law 19 (2014)
BRIAN HOWE Brian Howe, Assistant Professor of Clinical Law, has a strong interest in public interest work. A former Ohio Innocence Project Fellow himself, he brings real-life experience to his work in the classroom and as a mentor-guide for current OIP Fellows. Professor Howe had the distinct pleasure of researching and investigating cases he would have the opportunity to litigate years later. Upon graduation, Howe was awarded the prestigious Equal Justice Works fellowship, representing consumers who faced predatory lending and servicing practices in rural southwest Ohio.
Significant Highlights • After the fellowship ended, he continued this work with the Legal Aid Society of Southwest Ohio, defending foreclosures, handling evictions and assisting with other related cases. • Howe joined the OIP as a staff attorney in 2014 and has helped litigate several exonerations, including the East Cleveland Three case (Derrick Wheatt, Laurese Glover and Eugene Johnson, who spent 20 years in prison for a crime they did not commit). Howe worked on this case as an OIP fellow.
Selected Publications • “Taking a Mulligan: The Special Challenges of Narrative Creation in the Post-Conviction Context,” University of Maryland Francis King Carey School of Law Review 76 (2017)
KRISTIN KALSEM ANN HUBBARD Ann Hubbard, Professor of Law, teaches in the areas of disability law, employment discrimination law, and contracts and has written and spoken on disability law issues. Before beginning her academic career, she was an assistant to the United States Solicitor General where she was involved in the federal government’s Supreme Court litigation on various topics.
Significant Highlights • In addition to her service in the judicial and executive branches of government, she worked in both houses of Congress, including serving as issues director and speechwriter for U.S. Senator Terry Sanford. • After graduating from law school, Professor Hubbard clerked for Judge Patricia M. Wald, United States Court of Appeals for the District of Columbia Circuit. She then served as a law clerk to U.S. Supreme Court Justice Harry A. Blackmun.
Kristin Kalsem, Charles Hartsock Professor of Law, co-founded and co-directs the Center for Race, Gender, and Social Justice. She also directs the university’s jointdegree program in Law and Women’s, Gender and Sexuality Studies, a pioneering program for which the College of Law is nationally known. She writes in the areas of women’s legal history and the cultural study of law. Professor Kalsem also writes about issues of gender, race, and class in the contexts of bankruptcy reform and consumer protection. She recent developed a training program for judges and magistrate judges, “Framing the Issues: Domestic Violence” as part of the curriculum of the Supreme Court of Ohio Judicial College.
Significant Highlights • Professor Kalsem is the author of In Contempt: Nineteenth-Century Women, Law, and Literature (2012), a book that explores how 19th century female writers advocated for legal change through their publications of both fiction and non-fiction novels and articles.
Selected Publications • “Anonymity, Privacy, and Confidentiality,” Ethics in Participatory Research for Health and Social Well-Being (forthcoming, 2018). • Served as faculty for a course taught at the University of Durham, England, titled “Participatory Action Research: Theories, Methods, and Challenges,” in 2017, and gave the presentation, “Legal Participatory Action Research: Judicial Training on Domestic Violence.” • “Theorizing Legal Participatory Action Research: Critical Race/ Feminism and PAR,” (with Emily M.S. Houh) Qualitative Inquiry 21 (2015) • “It’s Critical: Legal Participatory Action Research,” (with Emily M.S. Houh) Michigan Journal of Race and Law 19 (2014)
ELIZABETH LENHART Elizabeth Lenhart, Professor of Practice, brings significant practical experience with oral arguments, motion practice, and other professional skills to her legal research and writing classes. She was appointed to the Ohio Commission on the Rules of Practice & Procedure by the Ohio Supreme Court in October 2017. Prior to joining the College of Law faculty, she was a senior associate at Frost Brown Todd, focusing on complex business litigation, including all aspects of antitrust, business torts, unfair competition, shareholder derivative suites, and class action litigation. She was named an Ohio Super Lawyer Rising Star for commercial litigation.
Significant Highlights • Not a stranger to academia, Professor Lenhart spent many years teaching at the collegiate level before attending law school. She taught courses in colonial United States history and 20th century world history at Indiana University, and courses in pre-Columbian American history, colonial Latin American history, 20th century Mexican history, and colonial United States history in the history department at the University of Cincinnati. • She also worked for National Geographic Society, researching and editing travel and history books.
Selected Publications • “The 17th Century Meets the Internet: Using a Historian’s Approach to Evaluating Documents as a Guide to 21st Century Online Legal Research”, Legal Communication and Rhetoric: JALWD 9 (2012).
BERT LOCKWOOD Bert Lockwood, Distinguished Service Professor | Director, Urban Morgan Institute for Human Rights, the first endowed institute at an American law school devoted to the study of international human rights, is renowned for his expertise in the field of international human rights. He has been involved in this arena for over 40 years.
Significant Highlights • Since 1982, he has been Editor-inChief of the Human Rights Quarterly, a multidisciplinary academic journal published by The Johns Hopkins University Press. HRQ is widely acknowledged to be the leading journal in the field. • Among his professional activities Professor Lockwood has served on the Board of Directors of Amnesty International USA, and served for 20 years as the Rapporteur of the Annual Colloquium on “The Role of Government Departments in the Formulation and Implementation of Human Rights Considerations in Foreign Policy,” convened by the American Association of the International Commission of Jurists. • In 2017, Professor Lockwood convened the Sir Nigel Rodley Human Rights conference, which brought together human rights activists, attorneys, educators and others to discuss the pressing issues of the day.
Selected Publications • Series Editor of the Pennsylvania Studies in Human Rights, a book series published by the University of Pennsylvania Press, since 1988. Over 100 books have been published in the Series.
BETSY MALLOY Betsy Malloy, the Andrew Katsanis Professor of Law, has scholarship interests in the areas of disability and health law. She has written on a variety of topics including end-of-life treatment, the impact of physician-restrictive covenants on the delivery of health care, and the intersection of the Family Medical Leave Act and the Americans with Disabilities Act.
Significant Highlights • Before entering academe, Professor Malloy practiced law as a litigation associate with Covington and Burling in Washington, DC.
Selected Publications • “Patient Protection Affordable Care Act (PPACA) – Changes to Health Care Delivery,” Health Care Rulemaking Guide: Administrative Rules Implementing the New Health Care Laws (2013) • “Legislation, Judicial Intervention, Societal Understanding: What Best to Protect Transsexual People from Discrimination,” Women’s Rights Law Reporter (2012) • “Physician Restrictive Covenants: Neglecting the Interest of incumbent Patients” Wake Forest Law Review 41 (2006)
SEAN MANGAN Sean Mangan, Associate Professor of Practice | Co-Director, Corporate Law Center, focuses his work on small business transactions and the practice of law in non-litigation contexts, including contract drafting, client counseling, and corporate governance.
Significant Highlights • Earlier in his career Professor Mangan worked in senior management with a Pittsburgh-based healthcare technology and medical practice management company, where he counseled and advised senior executives on employee benefits and other employment-related policies. • He has served as an attorney for Graf & Stiebel, where he practiced in the areas of executive compensation, employee benefits, and the representation of closely held businesses; and also as a labor and employment lawyer at Frost Brown Todd and Hunton & Williams.
Selected Publications • Presentation: Retirement Benefits for the Small Employer (2010) • Presentation: The Affordable Care Act and Health Care Reform (2010)
STEPHANIE HUNTER MCMAHON
BRAD MANK Brad Mank, James B. Helmer, Jr. Professor of Law, is Associate Dean of Academic Affairs. For the past 10 years, his scholarship has focused on when plaintiffs have standing to sue in federal courts. He is nationally and internationally recognized as one of the leading scholars in this field.
Significant Highlights • In addition, Professor Mank has authored many articles and book chapters on environmental justice and regulatory reform and has worked with local government on a number of environmental ordinances and implementation matters, including climate change, environmental justice, recycling, and air pollution issues. • Several courts, including the United States Court of Appeals for the Second Circuit and the United States Court of Appeals for the District of Columbia Circuit, have cited Professor Mank’s work. He has submitted amicus briefs to multiple courts, including the United States Supreme Court and the Supreme Court of Ohio.
Selected Publications • State Standing in United States v. Texas: Opening the Floodgates to States Challenging the Federal Government or Proper Federalism?,” University of Illinois Law Review (2018) • “Commentary, The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins,” Washington University Law Review 94 (2017) • “Does the Evolving Concept of Due Process in Obergefell Justify Judicial Regulation of Greenhouse Gases and Climate Change?: Juliana v. United States,” University of California-Davis Law Review 52 (forthcoming, 2018) • “Data Breaches, Identity Theft and Article III Standing: Will the Supreme Court Resolve the Split in the Circuits?,” Notre Dame Law Review 92 (2016) • “Does a House of Congress Have Standing Over Appropriations?: The House of Representatives Challenges the Affordable Care Act,” University of Pennsylvania Journal of Constitutional Law 19 (2016) • “Article III Standing for Private Plaintiffs Challenging Greenhouse Gas Regulations,” San Diego Law Review 53 (2016)
Stephanie Hunter McMahon, Interim Associate Dean of Faculty and Professor of Law, is a leading tax scholar. Her scholarship focuses on the historical relationship between taxation and the public’s perception of taxation and, from that relationship, discovers lessons for improving today’s law.
Significant Highlights • Professor McMahon’s work has explored how women have been, and continue to be, affected by taxation, and how women have used issues of taxation to further their own rights. Her writings have been published in peer-reviewed journals, Florida Tax Review, Law and History Review, and Pittsburgh Tax Review, as well as student-reviewed journals such as the Northwestern Law Review and Harvard Journal of Law and Gender.
Selected Publications • “Tax as Part of a Broken Budget: Good Taxes Are Good Cause Enough,” Michigan State Law Review (forthcoming, 2018) • Principles of Tax Policy (2018) • The Perfect Process Is the Enemy of the Good Tax: Tax’s Exceptional Regulatory Process,” Virginia Tax Review 35 (2016) • “Should Divorce Be more Taxing?: Structuring Tax Reduction to Reduce Inequality,” Indiana Journal of law & Social Equality 3 (2015)
JANET MOORE Janet Moore, Associate Professor of Law, has published extensively in the areas of criminal law, criminal procedure, evidence, and civil rights litigation. Her scholarship identifies conditions that empower stakeholders to obtain greater transparency and accountability from carceral systems. Her work is informed by critical theory, interdisciplinary research partnerships, and long experience in both capital defense and justice reform advocacy. A highly regarded scholar, Professor Moore is the recipient of an Ohio Transformation Fund grant supporting an interdisciplinary community-based participatory research project to reduce the involvement of poor people and people of color in Ohio’s carceral systems.
Significant Highlights • She also co-founded the Indigent Defense Research Association, a group who share an interest in conducting high-quality empirical research on public defense. • She has served as an invited expert for the American Bar Association’s Indigent Defense Advisory Group, the Indigent Defense Commissions of Michigan and Texas, and the Steering and Amicus Committees of the National Association for Public Defense. • Professor Moore’s work has led to roles co-chairing a national task force on discovery reform, drafting a model criminal discovery reform bill, and serving as an advisor during the drafting and passage of the Michael Morton Act, which reformed criminal discovery procedures in Texas.
Selected Publications • Isonomy, Austerity and the Right to Choose Counsel,” Indiana Law Review 51 (2018) • “Critical Issues and New Empirical Research in Public Defense,” (coeditor of symposium volume with Andrew L.B. Davies), Ohio State Journal of Criminal Law 14 (2017) • “Critical Issues and New Empirical Research in Public Defense: An Introduction,” (with Andrew L.B. Davies) Ohio State Journal of Criminal Law 14 (2017) • “Knowing Defense,” (with Andrew L.B. Davies) Ohio State Journal of Criminal Law 14 (2017) • “The Antidemocratic Sixth Amendment,” Washington Law Review 91 (2016)
NANCY OLIVER Nancy Oliver, Professor of Practice, specializes in advocacy and legal research and writing. She served as the Associate Dean for Curriculum and Student Affairs and in related positions since 2008. Under her direction as Associate Dean, the College of Law introduced innovative programs such as its LL.M. degree in U.S. Law and certificate programs; expanded its academic advising program; and implemented a new academic success program.
Selected Publications • “The Complete Professional: How our New Professional Ideals for Law Students Help Us in the Legal Research and Writing Classroom,” written with Professor Michele Bradley, accepted for publication in an upcoming edition of Perspectives: Teaching Legal Research and Writing. • “Coming Face-to-Face with a Legal Research and Writing Client,” Perspectives 13 (2005)
RONNA GREFF SCHNEIDER
Ronna Greff Schneider, Professor of Law, is a constitutional law expert, with a focus on the First Amendment and education law. Professor Schneider is the author of the two volume legal treatise, Education Law: First Amendment, Due Process and Discrimination Litigation (2004). Professor Schneider is also the co-editor of Education Law Stories (2008).
Significant Highlights • She has published law review articles and a book chapter on topics that include sexual harassment, hate speech, and religion and schools. • Professor Schneider is a frequent speaker and commentator on issues involving constitutional law, education law, and educational policy.
Selected Publications • “Does the Federal Constitution Ban Michigan’s Ban on Affirmative Action,” Midwest Journal of Law and Policy (2014) • The Crucifix in the Classroom, A Book Review of THE LAUTISI PAPERS: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom, edited by Jeroen Temperman Human Rights Quarterly (2014)
RACHEL SMITH Rachel Smith, Professor of Practice, teaches in the areas of legal writing, advocacy, and ethics. Before joining the College of Law, Professor Smith worked at Dinsmore & Shohl where her practice focused on environmental law and pharmaceutical products liability.
Significant Highlights • She previously served as a Senior Assistant Attorney General in the office of the Wyoming Attorney General, representing the Wyoming Department of Environment Quality, Water Quality Division, in administrative and court actions. She also provided daily counseling to the Water Quality Division on transactional and administrative matters. • She serves as the advisor to the College’s Moot Court Program.
SANDRA SPERINO
MICHAEL SOLIMINE
Sandra Sperino, Associate Dean of Faculty and Professor of Law, is a well-known expert in the area of discrimination law. Her scholarship interests in this area focuses on two principal themes: how judicially-created frameworks for evaluating employment discrimination claims are antithetical to the underlining goals of discrimination statutes, and how discrimination law intersects with—and on occasion is distorted by—other areas of the law, such as tort, agency, and civil procedure.
Michael Solimine, Donald P. Klekamp Professor of Law, is nationally and internationally acknowledged as one of the leading scholars in the American civil litigation system.
Significant Highlights • Recognized in Brian Leiter’s Law School Reports as one of the most cited professors in civil procedure this decade. His work has been cited and discussed in more than 2000 books and articles. At least six of his articles have been cited more than 100 times. • His article “Deciding to Decide: Class Action Certification and Interlocutory Review by the United States Courts of Appeals Under Rule 23(f),” William and Mary Law Review 41 (2000) was cited by the United States Supreme Court in deciding Microsoft Corp. v. Baker, 137 S.Ct. 1702, 2017.
Selected Publications • “Game Theory and Private International Law,” Encyclopedia of Private International Law 1 (2017). • “Institutional Effects on Reciprocal Legitimation in the Federal Courts,” Vanderbilt Law Review En Banc 70 (2017) • “Retooling the Amicus Machine” Virginia Law Review Online 102 (2016) • Understanding Election Law and Voting Rights (with Professors Michael Dimino and Bradley Smith) (2016) • He was a signatory to an amicus curiae brief in a case to be orally argued in the United States Supreme Court: Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, Brief of Amici Curiae Federal Jurisdiction and Securities Law Scholars in Support of Respondent.
Selected Publications • “When is Harassment Not Harassment” , her op-ed, written with Professor Suja Thomas, was published in the New York Times • Contributed to an online symposium that reflected on the significance and impact of the book “Feminist Judgments: Rewritten Opinions of the United States Supreme Court,” Cambridge University Press, 2016. (The Notre Dame Law Review Online will publish a series of 10 of these essays in late 2018.) • “Justice Kennedy’s Big New Idea” Boston University law Review 96 (2016) • “Retaliation and the Reasonable Person,” Florida Law Review 67 (2015)
Significant Highlights • Oxford University Press has published her latest book: Unequal: How America’s Courts Undermine Discrimination Law (with Professor Suja Thomas) (2017). • Professor Sperino co-authored Federal Discrimination Law in a Nutshell. She is also a co-author of a casebook on employment discrimination law. The Iowa Supreme Court, Hawaii Supreme Court., and several federal courts have cited her work. • The Supreme Court cited Professor Sperino’s work in Haskenhoff v. Homeland Energy Solutions, Inc., 897 N.W.2d 553, 2017.
YOLANDA VÁZQUEZ JOSEPH P. TOMAIN Joseph P. Tomain, Dean Emeritus and Wilbert and Helen Ziegler Professor of Law, focuses his teaching and research interests in the areas of energy law, land use, regulatory policy, and contracts. Dean Tomain has written extensively in the energy law field.
Significant Highlights • His recent publications include Clean Power Politics: The Democratization of Energy (2017), Energy Law in the United States of America (2015), Energy Law and Policy (2015), and Achieving Democracy: The Future of Progressive Regulation (2014). • These publications build on an already impressive scholarly record that includes nine additional books, more than 50 articles, and numerous book chapters and essays. • He has been actively involved with the ABA Section on Legal Education and Admissions to the Bar, as well as other state and local bar associations. Dean Tomain is a Life Member of the American Law Institute and a Fellow of the American Bar Foundation.
Selected Publications • Energy Law in a Nutshell 3rd edition (2017) • “Gridlock, Lobbying and Democracy” Wake Forest Journal of Law & Policy 7 (2017) • “Standard 405 and Terms and Conditions of Employment: More Chaos,” Journal of Legal Education 66 (2017) • “Clean Power and the Future of US Energy Politics and Policy,” Utilities Policy 39 (2015). • “Clean Power and the Democratization of Energy in the US,” Network Industries Quarterly 17 (2015). • Presented keynote address, “The Democratization of Energy Law in the United States,” for a conference titled “The Just Transition Towards Low-Carbon Academy – Integrating Climate, Energy and Environmental Justice,” in Edinburg, Scotland.
Yolanda Vázquez, Associate Professor of Law, is an expert in both the criminal justice and civil system. Her research focuses on the incorporation of immigration law into the criminal justice system. Her scholarship examines the causes and consequences of the increasing role of the criminal justice system in migration control and its relationship and impact on Latinos. She has argued that criminal defense attorneys have a duty to their noncitizen clients, an argument which the United States Supreme Court agreed with in Padilla v. Kentucky, a case in which she assisted.
Significant Highlights • Her forthcoming book Crime, Immigration and Racial Subordination will be published later this year. • She has presented her work at various international and national institutions such as Yale, Berkeley, Duke, the University of Oxford, the University of Leiden, and the University of Coimbra.
Selected Publications • “Enforcing the Politics of Race and Identity in Migration and Crime Control Policies,” Race, Criminal Justice and Migration Control: Enforcing the Boundaries of Belonging (co-edited) (2017) • “Crimmigration: The Missing Piece of Criminal Justice Reform,” University of Richmond Law Review 51 (2017). Also featured on ImmigrationProf Blog and CrimProf Blog.
VERNA WILLIAMS Verna Williams, Interim Dean and Nippert Professor of Law, is one of the cofounders and co-directors of the Center for Race, Gender, and Social Justice. Additionally, she co-directed the university’s joint-degree program in Law and Women’s Studies, a signature program of the College of Law. Professor Williams’ research examines the intersection of race, gender, and class in law and policy.
Significant Highlights • Professor Williams also has served as a consultant for the Ford Foundation, chairing the convening of a national conference at UC titled “Women Coming Together: Claiming the Law for Social Change”. • Prior to joining the faculty, Professor Williams practiced law in the private and public sectors. She was Vice President and Director of Educational Opportunities at the National Women’s Law Center, where she focused on issues of gender equity in education. During her time at the Center, Professor Williams was lead counsel and successfully argued before the United States Supreme Court Davis v. Monroe County Board of Education, which established that educational institutions have a duty to respond to and address complaints of student-to-student sexual harassment.
Selected Publications • “Making Gender Visible: Title IX and Discriminatory School Discipline,” Tennessee Journal of Race, Gender, and Social Justice 6 (2017) • “Feminist Legal Theorizing about the Second Amendment: Gun Violence is a Women’s Issue,” concurring opinions.com, (August 2016) • “The Patriarchy Prescription: Cure or Containment Strategy?”Georgetown Journal of Modern Critical Race Perspectives 8 (2016)