Akron Law

Research News

Weekly News on Akron Law Faculty Research and Development

Research News Archive

April 20, 2009

Richard J. Kovach
has published two articles: “Taxes, Loopholes and Morals” Revisited: A 1963 Perspective on the Tax Gap, 30 Whittier L. Rev. 247 (2008) and Technical and Policy Standards for Inflation Adjustments Under the Internal Revenue Code, 33 Ok. City U. L. Rev. 603 (2008).

Tracy Thomas has published Remedies: Public and Private (West 5th ed. 2009) (with David I. Levine and David J. Jung), chapters on Injunctions, Procedures for Injunctions and Punitive Damages (with Teacher’s Manual and online Supplement).

Sarah Cravens has accepted an offer to publish her article Judging Discretion: Contexts for Understanding the Role of Judgment in volume 64 in the University of Miami Law Review.

Crystal Jones has accepted on offer to publish her article Education Law and Public School Reform in the Cumberland Law Review.


April 6, 2009

Jane Moriarty has accepted an offer to participate in a written symposium at the University of Utah on The New National Academy of Sciences Forensic Science Report. Jane has also been invited to join the planning board and speak at a conference at Cardozo Law School in the fall on wrongful convictions and Prosecutorial and Defense Attorney Accountability.

Tracy Thomas was invited to guest blog about her research and work on women’s legal history and Elizabeth Cady Stanton on the International Law Girls site. See http://intlawgrrls.blogspot.com/search/label/Tracy%20A.%20Thomas



March 30, 2009

Rich Lavoie has accepted an offer from the Pace Law Review to publish his article, Flying Above the Law and Under the Radar: Instilling a Taxpaying Ethos in Those Playing by Their Own Rules.

Meg Matejkovic has published What is Reasonable Accommodation under the ADA? 28 Miss. C. L. Rev. 67 (2009)(with John E. Matejkovic).

Dick Aynes has submitted three articles for publication. See Ink Blot or Not: The Meaning of Privileges and/or Immunities, 11 Univ. Penn. J. of Constitutional Law (forthcoming 2009); The 39th Congress (1865-1867) and The Fourteenth Amendment: Some Preliminary Perspectives, 42 AKRON L. REV. ___ (forthcoming 2009); Enforcing the Bill of Rights Against the States: The History and the Future, 18 J. CONTEMPORARY LEGAL ISSUES ____ (San Diego) (forthcoming 2009). In addition, he has been commissioned to write an article for the Ohio History journal entitled Kate Chase’s influence upon Chief Justice Chase and his dissent in Bradwell v. Illinois.

Carolyn Dessin will present “Sneaking Skills and Professionalism into Every Course, Every Discussion, Every Day,” at the June 2009 Gonzaga Institute for Law Teaching conference.

Dick Aynes will present two papers the annual Law & Society meeting which will take place in Denver, Colorado in May. One is on the privileges or immunities clause of the Fourteenth Amendment and one is on the leadership role that John Bingham played in the proposal and adoption of the Fourteen Amendment.



March 23, 2009

Stephen Padfield has accepted an offer to publish his latest work, Finding State Action When Corporations Govern, in the Temple Law Review.

Will Huhn has published an essay Lincoln Was a Framer of the Constitution with Slip Opinions, the online companion to the Washington University Law Review. See http://lawreview.wustl.edu/slip-opinions/abraham-lincoln-was-a-framer-of-the-constitution/.

Elizabeth Reillywill edit a collection of papers from the Fall 2008 Constitutional Law Symposium, The 140th Anniversary of the 14th Amendment, that will be published by the University of Akron Press.

Brant Lee will present his book in progress, “Whiteness as a Spontaneous, Self-organized Complex System” at the CRT 20 conference in Iowa on April 4, and on a panel at the Law and Society Annual Meeting in Denver on May 29. He presented an early version of the work at Pace Law School in February.

Brant Lee’s article, The Network Economic Effects of Whiteness,” 53 Am. Univ. L. Rev. 1259 (2004), was posted as a resource on the Racial Equity Tools website, which launched 3/9/2009. http://www.racialequitytools.org/ci-concepts-wp.htm



March 9, 2009

Stefan Padfield’s article, Is Puffery Material to Investors? Maybe We Should Ask Them, 10 U. Penn. J. Bus. & Emp. L. 339 (2008), has been selected by the Law Alumni Association for the Thomas G. Byers Memorial Award for Outstanding Faculty Publication.

T. Leigh Anenson (Akron Alum ’94), an associate professor with the University of Maryland’s Robert H. Smith School of Business, has been selected to receive the Outstanding Alumni Publication Award for her article, Treating Equity like Law: A Post-Merger Justification of Unclean Hands, 45 Am. Bus. L.J. 455 (Fall 2008).

Sam Baumgartner will be presenting a paper at the June 2009 conference of the International Association of Procedural Law, on Switzerland, as part of the panel, “Country Studies from Across the Divide: The Impact of Reform on Convergence.”

Tracy Thomas has been invited to speak at the fall 2009 Lewis & Clark Business Law Forum focusing on remedies in Intellectual Property Law.

March 2, 2009

Sam Baumgartner
has published “Switzerland,” as part of The ANNALS of the American Academy of Political and Society Science’s issue on “The Globalization of Class Actions,” (ANNALS, AAPSS, 2009 622: 179-187). [Abstract] [PDF]  

Sarah Craven’s article Judges as Trustees: A Duty to Account and an Opportunity for Virtue, 62 Wash. & Lee L. Rev. 1637 (2005), has been reprinted as Chapter 5 in the book Judicial Independence and Accountability: A Debate (P. Sabina Khanum, ed., Amicus Books 2008).

Bill Jordan’s quarterly report, News from the Circuits, appeared in the winter issue of the Administrative and Regulatory Law News, published by the Section of Administrative Law and Regulatory Practice of the American Bar Association.

Carolyn Dessin has accepted an invitation to speak on “Durable Powers of Attorney” at the Annual Meeting of the Ohio State Bar Association Meeting in Cleveland.

Tracy Thomas has been nominated to the University of Akron Press Editorial Board. 

February 23, 2009

Sarah Cravens will give a work-in-progress today, entitled “Judging Discretion: Contexts for Understanding the Role of Judgment,” at Capital University Law School.

February 16, 2009


Jane Moriarty presented comments on Jay Aronson’s “Genetic Witness: Science, Law and Controversy in the Making of DNA Profiling,” on February 13, sponsored by Carnegie Mellon’s Department of History.

February 9, 2009

Alan Newman
has published Revocable Trusts and the Law of Wills: An Imperfect Fit, 43 Real Prop., Trust & Estate Law J. 523-70 (2008) (an ABA Journal).

Dick Aynes will publish his article, The 39th Congress and the Fourteenth Amendment, presented at the 2008 Akron Constitutional Law Symposium, with the Akron Law Review.  He will also publish a second article, Enforcing the Bill of Rights Against the States: Where do we Stand on Incorporation and What is Next?, with San Diego’s faculty edited journal, The Journal of Contemporary Issues.  Dick is scheduled to give two papers at the Law & Society Conference in Denver in May.

Several Akron Law faculty will give presentations at “The Commemoration of the 200th Anniversary of President Abraham Lincoln’s Birth,” this Thursday, Feb. 12, in the UA Student Union/Student Theater.  These include Dean Carro, Steve Cook, Will Huhn, and Jeff Samuels.

Jane Moriarty will present at the Cleveland-Marshall College of Law, “Criminal Justice Forum: The Future of the Forensic Sciences: A Symposium,” March 19, 2009.

February 2, 2009

Marty Belsky has published Alan Dershowitz: The Advocate and Scholar as Jew: The Jew as Advocate and Scholar, 71 Albany L.Rev. 927 (2008)

Marge Koosed has accepted an invitation to serve as a panelist and write a short article for the Creighton University Law Reivew’s TePoel Lecture in April on the topic of credibility of eyewitness testimony. The keynote speaker for the panel is Richard De Mulder, professor of law at Erasmus University in the Netherlands and Legal Tools Expert Committee member to The International Criminal Court.

Jane Moriarty has agreed to write a chapter for the forthcoming ABA book, “The Future of Evidence.”

Marge Koosed has been elected to the Executive Committee of the AALS Criminal Justice Section.

Carrie Lyons and Brant Lee will present a “Face 2 Face” discussion titled “Neither Black Nor White” on Feb. 3 at noon in the Student Union, as part of the University Program, “2009 Rethinking Race: Black, White and Beyond.”



January 26, 2009

Will Huhn will publish his article, “The Legacy of Slaughterhouse, Bradwell and Cruikshank on Constitutional Analysis" from the fall Akron Law Constitutional Law Symposium in the Akron Law Review. He has also accepted an offer to publish a related piece, “Lincoln was a Framer of the Constitution” in Slip Opinions, the online companion to the Washington University-St. Louis Law Review.

Jeff Samuels spoke on “Domain Name Disputes,” at the PTO Day Program sponsored by Intellectual Property Owners Education Foundation and held in Washington, D.C.

Stefan Padfield gave a works-in-progress last week at Cumberland School of Law in Birmingham, Alabama.

SSRN Akron Legal Research Paper Series, volume 11, issue 1, issued on January 22, 2009, with articles posted by:
- Lloyd Anderson, Mocking the Public Interest: Congress Restores Meaningful Judicial Review of Government Antitrust Consent Decrees
- Will Huhn, In Defense of the Roosevelt Court
- Bill Jordan, Chevron and Hearing Rights: An Unintended Combination
- Rich Lavoie, Cultivating a Compliance Culture: An Alternative Approach for Addressing the Tax Gap
- Jane Moriarty, Flickering Admissibility: Neuroimaging Evidence in the U.S. Courts
- Tracy Thomas, The New Face of Women’s Legal History: Introduction to the Symposium

Paul Richert’s Electronic Discovery Bibliography, was published in the AALS Section on Litigation’s December 2008 Newsletter.

Akron Law’s Law & Neuroscience Symposium chaired by Jane Moriarty was mentioned on the MacArthur Foundation’s “What’s new” page. See http://www.lawandneuroscienceproject.org/

Tracy Thomas has been elected chair-elect of the AALS Remedies Section.



January 20, 2009

Jane Moriarty will present her latest work on fmris, neuroscience, and the law at a faculty colloquium at Case Western Law School, where she is visiting this semester.

Kalyani Robbins’ proposed panel, The Future of ESA: Suggestions for the New Administration, has been accepted for presentation at the conference entitled, Solidarity! United Action for the Greener Good, at the University of Oregon in February.

Will Huhn’s online companion journal article, “Waterboarding is Illegal,” Slip Opinions, Wash. U. L. Rev. (June 2008) http://lawreview.wustl.edu/slip-opinions/waterboarding-is-illegal is blowing up the web site (which is a good thing) receiving up to 800 hits per day as compared to the usual 40 hits per day for the journal, and being linked from andrewsullivan.theatlantic.com.



January 12, 2009

Carolyn Dessin presented, Consumer Protection Law and the Elderly: What’s New - What’s Needed, for the Section on Aging and the Law at the 2009 Annual AALS Meeting in San Diego in January. She was elected Chair-Elect of the Section.

Bernadette Genetin presented E-Discovery for the Litigation Section at the 2009 Annual AALS Meeting in San Diego. Bernadette is also a member of the AALS Litigation Section Executive committee.

Dick Aynes presented on a panel entitled History and Historiography at a conference on “The Fourteenth Amendment and the Bill of Rights: What have we Learned? Why Does it Matter?” at the University of San Diego.

Jane Moriarty was interviewed for an article by Washington Lawyer regarding her work on neuroscience and the law.

Jane Moriarty accepted an invitation to write a book review for Judicature on the new book, “Science for Lawyers,” edited by Eric York Drogin.



December 1, 2008

Jane Moriarty has accepted an invitation to present at a symposium organized by the History Department at Carnegie Mellon University focusing on Jay Aronson’s recently-published book,Genetic Witness: Science, Law, and Controversy in the Making of DNA Profiling (Rutgers University Press, 2007).

Kalyani Robbins is organizing a panel entitled “The Future of the ESA: Suggestions for the New Administration,” for the Public Interest Environmental Law Conference at the University of Oregon in late February.

Elizabeth Reilly will present a work-in-progress at Northern Kentucky University in the spring as part of our scholar exchange with Chase.

Jane Moriarty’s Neuroscience, Law and Government Symposium was featured in a post on the Stanford Center for Law and Biosciences Blog.
http://lawandbiosciences.wordpress.com/2008/10/20/university-of-akron-law-and-neuroscience-conference/



November 17, 2008

Adjunct professor Larry Tucker’s article, Disappearing Ink: The Emerging Duty to Remove Invalid Policy Provisions, will be published in Volume 42 of the Akron Law Review.  Larry received five offers of publication for this article, which is his LLM thesis from his program just completed in 2008 at the University of Connecticut School of Law.

 



November 10, 2008

Jay Dratler wrote and published a short on-line article (see http://works.bepress.com/jay_dratler/16/) entitled “Bush v. Boumediene: the Court is Back” (posted June 22, 2008).

Dick Aynes joined as a party amicus and helped edit an Amicus Brief by Professors of Law (Aynes, Michael Kent Curtis of Wake Forest and William W. Van Alstyne of Duke) on the history of the privileges or immunities clause of the fourteenth amendment in Nordyke vs. King, pending in the U.S. Court of Appeals for the 9th Circuit.

Dick Aynes agreed to write a 4,500 word essay on Chief Justice Burger for Milestones Documents of American Leaders: Exploring the Primary Sources of Notable Americans (forthcoming 2009)

 



November 3, 2008

Jane Moriarty will be speaking in Denver at the American Association of Forensic Science Annual Meeting on a panel entitled “Whores of the Court Revisited,” with Dr. Margaret Hagan (Boston University Department of Psychology and author of the book  “Whores of the Court”), Dr. William Bernet (Vanderbilt School of Medicine), Carl Edwards, Ph.D., and two expert witnesses on behavioral science.  The panel will be moderated by Prof. Andre Moennsens, Douglass Stripp Professor of Law Emeritus (UMKC ).

Jane Moriarty has also accepted an invitation from Dean Geoffrey Mearns at CSU to participate in a Symposium on March 19, 2009, on the Future of Forensic Science to discuss the forthcoming, long-awaited report on forensic sciences from the National Academy of Sciences.

Elizabeth Reilly has been invited to speak at the 2009 Southeastern Association of Law Schools Annual Meeting on a panel addressing “Institutional Programs to Develop Teaching and Learning” and along with three other Associate Deans for Faculty Development will discuss institution-wide and individually focused ideas for facilitating faculty members' growth as teachers.

Jay Dratler’s 2005 Akron Law Review article "Alice in Wonderland Meets the U.S. Patent System" was cited in Judge Mayer's dissenting opinion in Bilski v. Warsaw, 2008 WL 4757110 (Fed. Cir. 2008), the en banc decision of the Federal Circuit where Bilski sought to patent hedge contracts as a business method patent.

Paul Richert has begun is monthly column in the Akron Legal News with this week’s entry, “Believe it … the age of the ‘on-demand’ book is here.”

Jay Dratler and Jeff Samuels will host the Second Annual Intellectual Property Scholars’ Roundtable, Friday, November 14, at Akron Law.  The roundtable consisting of 20 invited scholars in the field will discuss the topic of “Secondary Liability for IP Infringement.”  The essays from the roundtable will be published in the Akron IP Journal.



October 27, 2008

Bill Jordan moderated a panel entitled “Arbitrary and Capricious Review Revisited:  State Farm vs. Vermont Yankee at Last” at the 2008 Fall Conference of the ABA Section of Administrative Law and Regulatory Process in Washington, D.C.  Panelists included Judge Kavanaugh of the D.C. Circuit, Professor Gillian Metzger (Columbia), Associated Dean Cary Coglianese (Penn), and Prof. Jon Cannon (UVA and former EPA General Counsel).  He also presented on a second panel on developments related to rulemaking on the panel “Annual Review of Major Developments in Administrative Law” at the 2008 Fall Conference of the ABA Section of Administrative Law and Regulatory Process in Washington, D.C.

Brant Lee
joined visiting scholar David Levine and Akron education professor Susan Clarke in presenting the panel “Public School Desegregation: The San Francisco Experience” at Akron Law in October 2008.

Tracy Thomas
was invited to speak on a panel entitled “IP Remedies after eBay” at the 2009 Southeastern Association Law Schools annual meeting in Palm Beach, Florida.

Several Akron faculty have published entries in the newly published, Encyclopedia of the U.S. Supreme Court (Gale Press).
    • Dick Aynes, entries on Missouri Compromise, Secession, Stone v. Mississippi, Test Oath Cases, Waite, and Morrison
    • Will Huhn, entries on Board of Regents v. Roth, Public Purpose, RA v. Cit of St. Paul
    • Marge Koosed, entries on Counselman v. Hitchchock, Roadside Stops
    • Tracy Thomas, entry on Women’s Suffrage

Akron law faculty Dick Aynes, Will Huhn, and Elizabeth Reilly participated as panelists and moderators at last week’s successful Constitutional Law Center Symposium, “The 140th Anniversary of the 14th Amendment.”  

Top 10 Papers in SSRN Akron Research Paper Series  (Total SSRN Downloads of all Papers 4,509)


October 13, 2008

Alan Newman’s forthcoming article in the journal Real Property, Probate and Trust Journal (ABA), Revocable Trusts and the Law of Wills: An Imperfect Fit, was ranked #2 of the Top 10 Downloads for the Wills, Trusts, and Estates SSRN Series for the period of August 6 to October 5, 2008, and was mentioned on the Wills, Trusts, and Estates Lawprof Blog.

Jane Moriarty and the Akron Neuroscience Symposium were featured in New Scientist magazine.


October 6, 2008

Rich Lavoie and Bill Jordan have posted new abstracts on SSRN and the Akron Research Paper Series.

Stefan Padfield has joined as a blogger on Akron Law Café highlighting issues of business and the economy.

Tracy Thomas has agreed to serve as chair and commentator for a legal history panel at the Oio Academy of History meeting to be held at the University of Akron in Spring 2009.


September 29, 2008

Kalyani Robbins has accepted an offer from the UCLA Environmental Law Review to publish her article, Strength in Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act.

Bill Jordan has accepted an offer from the Administrative Law Review to publish his article, Chevron Deference and Hearing Rights: An Unintended Assault on the Legitimacy of Agency Adjudicatory Decisions.

The Neuroscience, Law and Government Symposium chaired by Jane Moriarty was featured on the front page of Sunday’s Cleveland Plain Dealer.  See http://www.cleveland.com/plaindealer/stories/index.ssf?/base/news/1222601416127840.xml&coll=2


September 22, 2008

Carolyn Dessin has agreed to update her 2003 chapter on Durable Powers of Attorney for the Ohio Elder Law Deskbook.


September 15, 2008

Carrie Lyons will be speaking at the conference Looking Past Guantanamo: Are New Concepts Needed for Terrorist-Related Detentions? on September 19, 2008, at American University Washington College of Law.

Sarah Cravens will present her work-in-progress, “Judging Judges: Regulation of Judicial Misconduct in Common-Law Countries,” at the University of Maryland.

Stefan Padfield will present his most recent work-in-progress at Roger Williams School of Law, in addition to two other presentations at Samford University and the Central States Annual Meeting.

Tracy Thomas, with David Levine and David Jung, published the electronic 2008 Summer Supplement to the text, Remedies: Public and Private (4th ed. West).

Jane Moriarty will present her paper, Neuroimages of Deception: Evaluating Reliability for Daubert to Guantanamo, at the upcoming Neuroscience, Law and Government conference sponsored by Akron Law.

Elizabeth Reilly will moderate a panel at the Neuroscience, Law and Government symposium sponsored by Akron Law on “Neuroscience, Gender and Capital Cases.”

Dick Aynes will be presenting a talk on the work of the 39th Congress at the Constitutional Law Symposium hosted by Akron Law in October.

Tracy Thomas accepted an invitation to present her work-in-progress, Law as an Agent of Feminist Consciousness at the University of Toledo School of Law.


September 8, 2008

Carrie Lyons as been reappointed by the ABA President to serve on the ABA Standing Committee on Law & National Security Advisory Committee.  Membership is by invitation only, and this is the second year Carrie has served on the committee.

Will Huhn has an offer to publishe his online constitutional law casebook with Carolina Academic Press.

Dick Aynes has been invited to participate in the American Constitution Society for Law and Policy’s conference on the Reconstruction Amendments and the Second Founding at the University of Pennsylvania Law School in November.  He will be speaking on a panel on the Privileges or Immunities Clause and papers will be published in the University of Pennsylvania Journal of Constitutional Law.

Dean Belsky and Will Huhn will participate in the panel, “The Constitution, Religion and the Presidential Election: An Interactive Discussion” as part of the University’s Constitution Day programming, on Wed., Sept. 17, at 4pm in the UA Student Union Ballroom B.


September 2, 2008

Jane Moriarty has published Symposium Forward: Daubert, Innocence, and the Future of Forensic Science, 43 Tulsa L.Rev. 229 (2007).   She also published Rape, Affirmative Consent to Sex, and Sexual Autonomy: Introduction to the Symposium, 41 Akron L. Rev. 839 (2008) for the symposium she arranged to be published in the Akron Law Review stemming from her presentation at the Law & Society meeting in Berlin.

Tracy Thomas published The New Face of Women’s Legal History: Introduction to the Symposium, 41 Akron L. Rev. 695 (2008) introducing the symposium issue arising out of the women’s legal history conference held at Akron in Fall 2007.

Bernadette Genetin will present her paper, State E-Discovery: Another Federal Rule Improvement Project, at the Litigation Section meeting at the AALS Annual Meeting in San Diego.

Dick Aynes agreed to present a paper at the 14th Amendment Conference at the University of San Diego in January 2009.

Elizabeth Reilly will present her paper Empathy and Pragmatism in Selecting Constitutional Norms for Resolving Religious Land Use Disputes speaking at the Religion and Land Use Conference of the Government Law Center of Albany Law School in October.

Stefan Padfield will present his paper Finding State Action When Corporations Govern at the 2008 Central States Association of Law Schools Conference on October 24 and 25 at Southern Illinois University.  He will also give a talk at the faculty workshop program at Samford Law School in Birmingham.

Brant Lee will present a works-in-progress at a Pace Law School faculty workshop and at the NE Ohio Faculty Colloquium in October at CSU.

Will Huhn will present a works-in-progress at Pace Law School.


August 25, 2008

Faculty Awards for Outstanding Scholarship were announced at the Celebration of Scholarship, April 29.  The awards, determined by peer vote, went to Sam Baumgartner and Sarah Cravens for the junior faculty award, and to Jane Moriarty and Stewart Moritz for the senior faculty. 

Jack Sahl published Thinking about Leaving? The Ethics of Departing One Firm for Another in 19 Prof. Law. 2 (2008). 

Brant Lee published Book Review, Thomas J. Davis, Race Relations in America: A Reference Guide with Primary Documents, 26 Law & History Rev. 467 (2008)

Will Huhn published Waterboarding is Illegal in Slip Opinions, the online companion to the Washington University Law Review.

Dick Aynes has published an entry on Judge Leo A. Jackson for Oxford's African American National Biography.

Tracy Thomas published Sex v. Race, Again in Slip Opinions, the online companion to the Washington University Law Review.  http://lawreview.wustl.edu/slip-opinions/sex-v-race-again/

Sam Baumgartner
was a discussant on a panel, “Transnational Litigation as a Response to Global Problems: Promises and Perils” at the Law and Society Conference, in Montreal, Canada, in June.

Jane Moriarty presented at the AALS Evidence Section conference held in Cleveland in June.

The Akron Law Café went online this summer.  See http://www.ohioverticals.com/blogs/akron_law_cafe  The prof bloggers so far are Will Huhn, Brant Lee, and Stewart Moritz, and guest bloggers have included Dick Aynes, Bill Jordan, Frank Quirk and Tracy Thomas.  The blog has quickly become one of the top blogs for the Akron Beacon Journal.

Sarah Cravens accepted an invitation to join as a contributing blogger on the Legal Ethics Forum http://www.legalethicsforum.com"www.legalethicsforum.com


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