Akron Law Faculty Research News

February 2010

Mon, 15 Feb 2010 08:20:00 EST

Marge Koosed, for being invited to speak on NPR "Sound of Ideas" on "What's Next for Lethal Injection?". She also spoke at the OACDL Death Penalty Seminar as a panelist on "Winning Cases--Legal Developments, Federal Case Law Update" and spoke also on the appellate practice panel.
Dick Aynes, who published his terrific article, McDonald v. Chicago, The Fourteenth Amendment, The Right to Bear Arms and the Right of Self-Defense, in Cardozo Law Review, De Novo, their on-line journal. Dick also worked on an amicus brief to the US Supreme Court in the McDonald case, with a group of renown constitutional law scholars. The Brief was cited by Green Bag as one of two briefs on its 2009 list of Exemplary Legal Writing.
J. Dean Carro, who spoke to 200 Ohio Common Pleas Court Judges on Criminal Proceedure and at a CLE for the Akron Bar Association on appellate practice and direct examination.
Steve Cook, who spoke at Kent State University on business formation and operational issues for small businesses to 80 entrepreneurs and students.
Jane Moriarty, who published a book review on Science for Lawyers in Judicature Magazine; and accepted an invitation from Bruce Green at Fordham Law School to write a paper for an ABA Criminal Justice Section Roundtable discussion regarding the draft revisions of the Criminal Defense and Prosecution Function Standards. These roundtables will be held at law schools around the country. She accepted an invitation to write a symposium law review article for this project to be published in either Fordham or Hasting law review in 2011; and agreed to speak at the Wecht Institute Symposium in March, 2010 on Is Football Bad for the Brain? Forensic Scientific, Medical-Legal and Societal Aspects of the Concussion Debate, presenting on the admissibility of neuroimaging evidence.

January 2010

Mon, 11 Jan 2010 14:15:00 EST

Our first "brown bag" teaching luncheon will be next week, Wednesday, January 27, 12:15 with Carolyn Dessin presenting, based upon her presentation last summer at Gonzaga: "Sneaking Skills and Professionalism into Every Course, Every Discussion, Every Day." A copy of her handout is attached to this email. PLEASE make an effort to attend--we've not done any teaching programming in a while, so this should be really helpful.
Our first invited speaker this semester is Prof. John Head, University of Kansas School of Law. John will be doing a public presentation at 4:00 on Tuesday Feb. 2 on China's Legal Soul. PLEASE invite your students and anyone else you think would be interested. Rm. 151, reception to follow.
On Wed., Feb. 3, Prof. Head will do a faculty colloquium at 12:15 in the Goldberg Room on Foreign Influence and Constitutionalism in the People's Republic of China: A Western Perspective on Change and Uncertainty in Contemporary Chinese Legal Culture. Please try to attend and do RSVP to misty@uakron.edu. Also, Misty will be circulating copy's of Prof. Head's outline and will have copies of his article available for those interested. Here is a link to Prof. Head's homepage.
http://www.law.ku.edu/faculty/faculty/head.shtml Kudos to Stefan for making this connection for us!
And finally, save the date! Thursday, April 1, 2010 is the date of the Northeast Ohio Faculty Colloquium at CSU. Sam Baumgartner will present his work, "Does Access to Justice Improve a Country's Compliance With Its Human Rights Obligations?" As those of you know who attend the fall NEOFC, we've started to get really good turn outs from all three schools and the receptions and dinners are really enjoyable. So please support your friend and colleague Sam and plan to attend! Also, I encourage you to contact people at Case or CSU that you would like to meet there and email them ahead of time to see if they're able to attend. We need to be networking and this is one good way to do it.

March 2011

Mon, 28 Mar 2011 13:25:00 EDT

Will Huhn has published Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. 291-337 (2010).

Rich Lavoie will present Of Ethics, Statutory Interpretation and Self-assessment: The Modern Challenge of Balancing Tax Lawyers’ Responsibilities as Gatekeepers and Zealous Advocates as part of the panel “Policing the Enforcers” at the annual meeting of Law & Society in San Francisco in June.

Jane Moriarty accepted an invitation to speak on the topic of Forensic Science Ethics in June at the Second Annual Prescription for Criminal Justice Forensics, hosted by the American Bar Association Criminal Justice Section and the Louis Stein Center for Law & Ethics at Fordham Law School. In addition, she also accepted an invitation from the Culture, Brain & Development Program at Hampshire College to speak on neuroimaging in the courtroom in October.

Bernadette Genetin has submitted her article, Reassessing the Avoidance Canon in Erie Cases, that will be published in the Akron Law Review’s symposium on the most recent Erie case, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.,130 S. Ct. 1431 (2010).

The book in which Sam Baumgartner authored a chapter, Common Law, Civil law, and The Future of Categories (Janet Walker & Oscar Chase eds., 2010) has been nominated for the Walter Owen Book Prize for an outstanding new contribution to Canadian legal literature in 2010.

Katherine Silver Kelly will present at the Summer 2011 Institute for Law Teaching & Learning in New York on the topic of “Early Intervention: Teaching Students How to Swim Instead of Just Throwing them in the Water and hoping they don’t Sink.”

Tracy Thomas accepted an invitation to speak at the Second Women’s Legal History Symposium at Chicago-Kent Law School in October.

Tracy Thomas has published the edited collection Feminist Legal History: Essays on Women and the Law (NYU Press 2011) (with T.J Boisseau), which includes her chapter, Elizabeth Cady Stanton and the Notion of a Legal Class of Gender.

Stefan Padfield has accepted an offer to publish his paper The Dodd-Frank Corporation: More Than a Nexus of Contracts with the West Virginia Law Review.

Sarah Cravens will present her paper In Good Conscience: The Use of Concurring and Dissenting Opinions as Platforms for Expressions of Personal Belief at the Northeast Ohio Faculty Colloquium in April.

Publications

Sam Baumgartner has accepted an offer from the Cornell International Law Journal to publish his empirical piece, Does Access to Justice Improve Countries’ Compliance With Human Rights Norms? – An Empirical Study.

Academic Presentations

Ryan Vacca will present on the topic of international exhaustion in trademark law at the upcoming Sughrue Intellectual Property Symposium sponsored by Akron Law.

Scholarly Endeavors

Sarah Morath and Ann Schiavone wrote a proposal entitled You Write Like a Girl: Do Gender Differences Exist in Persuasive Legal Writing? for a 2011 Legal Writing Scholarship Grant sponsored by the American Legal Writing Directors (ALWD) and the Legal Writing Institute (LWI).

April 2011

Tue, 05 Apr 2011 13:30:00 EDT

Jane Moriarty and Marisa Main have published “Waiving” Goodbye to Rights: PleaBargaining and the Defense Dilemma of Competent Representation, 38 Hastings Con. L.Q. 1029 (2011)

Will Huhn has accepted an offer to publish his article Abraham Lincoln’s Influence on the Modern Supreme Court in the Fall 2011 issue of the Oklahoma City University Law Review.

Kristen Barnes will be presenting Institutional and Organizational Dimensions of Environmental Law at the upcoming Law and Society Annual Meeting on June 3, 2011. She will also be presenting a second paper entitled Re-articulating Frenchness: Framing African France at the interdisciplinary conference on "The Idea of France" to be held at the University of Pittsburgh, November 10-12, 2011.

September 2011

Thu, 22 Sep 2011 13:30:00 EDT

Elizabeth Reilly has published an edited collection, Infinite Hope & Finite Disappointment: The Story of the First Interpreters of the Fourteenth Amendment (University of Akron Press 2011), including her Introduction, and Chapter 5, “The Union as it Wasn’t and the Constitution as it Isn’t: Section 5 and Altering the Balance of Powers.

Alan Newman’s new edition of the Bogert Treatise on Trusts and Trustees was cited three times by the Supreme Court in U.

S. v. Jicarilla Apache Nation, 131 S. Ct. 2313 (U.S. 2011).

Willa Gibson has published Clearing and Trade Execution Requirements for OTC Derivatives Swaps under the Frank-Dodd Wall Street Reform and Consumer Protection Act in 38 Rutgers Law Record 227 (2011), the internet journal of Rutgers School of Law, Newark.

Tracy Thomas has published Women and the Law (West 2011), an annual edited collection of leading law review articles on women’s legal issues. Tracy has also

accepted an invitation to write a response for the Texas Law Review online journal, See Also, commenting on the article, John Golden, Patent-Infringement Injunctions’ Scope.

accepted an invitation to write a book review for the Journal of American History for Barbara Babcock’s, The Trials of Clara Foltz,

and will speak at the Second Women’s Legal History Conference, hosted by Chicago-Kent Law School in October.

Congratulations to all of them!

Please send scholarship news to Samuel.Baumgartner@uakron.edu

Sam

November 2009

Mon, 30 Nov 2009 08:00:00 EST

Tracy Thomas' work, Bailouts, Bonuses, And The Return Of Unjust Gains, was posted on the Harvard Law School Forum on Corporate Governance and Financial Regulation, on Saturday October 31, 2009. Link is here: http://blogs.law.harvard.edu/corpgov/2009/10/31/bailouts-bonuses-and-the-return-of-unjust-gains/#more-4812
The Miller Becker Symposium (courtesy of Jack Sahl and Frank Quirk) was written up in the ABA Lawyers' Manual on Professional Conduct. Link is here:
http://lawyersmanual.bna.com/mopw2/3300/split_display.adp?fedfid=15446206&vname=mopcnotlatest&fn=15446206&jd=a0c1b5x5q3&split=0
Rich Lavoie's new Textbook, Problems in Tax Ethics (West) was just published.
Kalyani Robbins published Strength in Numbers: Setting Quantitative Criteria for Listing Species Under the Endangered Species Act, 27 UCLA J. Envt L. & Pol. 1 (2009)
Dick Aynes' learned that two of his articles had been cited multiple times and quoted in the amicus brief filed by lawyers for the Institute for Justice and the Cato Institute in support of the petition for writ of certiorari in the U.S. Supreme Court in McDonald v. Chicago and NRA v. Chicago.
Will Huhn was solicited to submit and did submit an article to the Amsterdam Law Forum (Online journal in the Netherlands) and submitted Cross Burning as Hate Speech Under the First Amendment to the United States Constitution, which was published last month. He also published The Legacy of Slaughterhouse, Bradwell, and Cruikshank in Constitutional Interpretation, 42 AKRON LAW REVIEW 1051-1080 (2009).
Marge Koosed learned that her LawYou Can Use column, "Judges Instruct Juries in Criminal Cases" for the OSBA was printed in five newspapers in Ohio in August including the Cleveland Daily Legal News.
Alan Newman Published Ohio Trust Code Update: Recent Developments, 20 Probate Law Journal of Ohio 1 (September/October 2009.

February 2011

Mon, 28 Feb 2011 12:40:00 EST

Publications

Rich Lavoie has accepted an offer of publication from Loyola Los Angeles Law Review for his article Patriotism and Taxation: The Tax Compliance Implications of the Tea Party.

Tracy Thomas has become the editor of West’s annual collection, Women and the Law.

Academic Presentations

Ryan Vacca presented his paper, Acting Like an Administrative Agency: The Federal Circuit En Banc, at the 2011 Missouri Law Review Symposium, “Evolving the Court of Appeals for the Federal Circuit and its Patent Jurisprudence.” The paper will be published in the Missouri Law review. A link to the program is here: http://www.law.missouri.edu/faculty/symposium/2011/

Publications

The 2011 Law Alumni Faculty Scholarship Award has been given to Sarah Cravens for her article, Judging Discretion: Contexts for Understanding the Role of Judgment, 64 Univ. Of Miami L. Rev. 947 (2010).

Kalyani Robbins’ proposal for an edited book collection, The Laws of Nature: Managing Ecosystems for a Better Future, was accepted for publication in the new interdisciplinary law series, &Law, published by the University of Akron Press.

Scholarly Presentations

Jane Moriarty will present on a panel, Evidentiary and Ethical Implications of Neuroscience in the Law at the University of Denver’s Symposium, Guilty Minds: Neuroscience & Criminal Law.

Scholarly Endeavors

The new Akron Law Editorial Board for the &Law series with the University of Akron Press is Sarah Cravens, Brant Lee, Jane Moriarty, Elizabeth Reilly, and Tracy Thomas.

November 2011

Mon, 14 Nov 2011 09:40:00 EST

Carolyn Dessin co-authored a paper entitled Creating and Sustaining Interdisciplinary Committees that was provided to the participants in the Third National Guardianship Summit last month. The paper will be published in the University of Utah Law Review.

Carolyn also spoke at a symposium at Temple University entitled Aging in the U.S.: The Next Civil Rights Movement? Her paper on Arbitrability and Vulnerability will be published in the Temple Political and Civil Rights Law Review.

Will Huhn published A New Frontier: A Constitutional Perspective on "Socialized Medicine", 15 Mich. St. U. J. Med. & L. 299-336 (2011).

Will also published Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, 32 J. Leg. Med. 139-165 (2011).

Kristen Barnes presented her paper Re-Articulating Frenchness at an interdisciplinary conference entitled “The Idea of France” at the University of Pittsburgh last Friday.

Stefan Padfield presented his Work-in-Progress, The Silent Role of Corporate Theory in the Supreme Court’s Campaign Finance Cases, at the University of Dayton School of Law on October 11 and at the Central States Law Schools Association Annual Scholarship Conference at the University of Toledo on October 29.

Stefan also served as a panelist on Taking Your Scholarship to the Next Level: Books, Consulting, Commentary, Central States Law Schools Association Annual Scholarship Conference.

Kalyani Robbins presented her work, Paved With Good Intentions: The Fate of Strict Liability under the Migratory Bird Treaty Act, at Lewis & Clark Law School’s conference entitled The Migratory Bird Treaty Act: Reshaping a Powerful Conservation Tool? as an invited symposium article, which will be published in Environmental Law, the oldest environmental law review in the country.

Joann Sahl presented her paper I Finally Listened: Birth of the Clemency Project at the Midwest Clinicians’ Conference in Madison, Wisconsin, this past weekend.

Ryan Vacca has accepted an offer to publish his article Patent Reform and Best Mode: A Signal to the Patent Office or a Step Toward Elimination? in the Albany Law Review.

May 2011

Wed, 11 May 2011 14:00:00 EDT

Congratulations from the FReD Committee to these faculty members on their latest accomplishments in scholarship:

Joann Sahl will present a session entitled I Finally Listened: The Birth of the Clemency Project at the 2011 Midwest Clinical Law Teachers Conference, which will take place at the University of Wisconsin Law School in November.

Sarah Morath and Ann Schiavone were awarded a 2011 Summer Research Grant from the Association of Legal Writing Directors and the Legal Writing Institute for their proposed project, “ You Write Like a Girl: Do Gender Differences Exist in Persuasive Legal Writing?”

Will Huhn presented The Constitutionality of Socialized Medicine at a symposium entitled Perspectives on Socialized Medicine held at the Michigan State University School of Law.

Correction: Kristen Barnes will be moderating a panel on the Institutional and Organizational Dimensions of Environmental Law at the upcoming Law and Society Annual Meeting on June 3, 2011.