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    April 2012 Faculty News Roundup

    Publications  

    Associate professor Tracy Reilly’s article “Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules on the Digital Sampling of Sound Recordings in Metall auf Metall” was published in the winter 2012 issue of the Minnesota Journal of Law, Science & Technology. It analyzes the difference between U.S. copyright laws and German “neighboring rights” that govern the infringement of sound recordings.  The article is available from the journal as a PDF.

    Associate professor Pamela Laufer-Ukeles' article “Cross-Dressers with Benefits: The Role of Female Combat Soldiers in U.S. and Israel” was published in the University of Baltimore Law Review’s Center for Applied Feminism 2011 Annual Conference Symposium Edition. The article compares the role of women in the Israeli military and the U.S. military and demonstrates how feminism has taken hold differently across cultures with contrasting results. 

    Associate professor Jeannette Cox published “May Federal District Courts Hear Terminated Federal Employees’ Equitable Constitutional Claims?” in the ABA’s Preview of United States Supreme Court Cases.  

    Susan Brenner, the NCR Distinguished Professor of Law and Technology, published a paper, “Conscription and Cyber Conflict: Legal Issues,” in the proceedings of the 3rd International Conference on Cyber Conflict, held in June 2011 and organized by the NATO Cooperative Cyber Defence Centre of Excellence, based in Tallinn, Estonia. The paper, which Brenner cowrote with attorney Leo L. Clarke, examines legal issues that could arise from utilizing a civilian cyber defense corps to defend a nation-state and its assets from cyber attacks.

    Brenner was also invited by editors for the University of Pennsylvania Law Review’s PENNumbra journal to write a Featured Response, “Communications, Technology, and Present Sense Impressions,” to Dedman law professor Jeffrey Bellin’s article, “Facebook, Twitter, and the Uncertain Future of Present Sense Impressions.”

    Professor Blake Watson’s review of Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, by Robert J. Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg, was published in Great Plains Research.

    Paul Venard, assistant professor and reference librarian, reviewed Human Rights and the Environment, edited by Dinah L. Shelton, on the AALL Spectrum blog.

    Tim Swensen, assistant dean and director of career services, published an article, “My Ohio: Treaty City,” in the March 2012 issue of Ohio Magazine.

    Professor Richard Saphire wrote an article "Iqbal (and Twombly): A Pleading Revolution?" for the for the Dayton Bar Briefs magazine, published by the Dayton Bar Association. The article updates and expands on CLE and faculty presentations Saphire gave last spring.

    In the Media

    Dean Paul McGreal discussed the “law school bubble” in an interview with the ABA Journal. McGreal discussed student debt, the cost of legal education, job placement and how law schools can provide students with the skills the legal profession demands. He urged administrators, faculty and students to talk candidly about the challenges facing legal education. The interview is available as a podcast.

    Associate professor Thaddeus Hoffmeister is quoted in a Wall Street Journal article, “Juror Tweets Upend Trials,” discussing the impact of improper online communications and research by jurors.

    Associate professor Jeannette Cox’s paper “Pregnancy as ‘Disability’ and the Amended Americans with Disabilities Act” was featured in a Huffington Post article reporting on a pregnant Connecticut woman who was asked to resign from her job instead of taking maternity leave.  Cox’s paper was also featured in a Dayton Daily News article, “Protecting pregnant women in the workplace.”  

    Professor Tom Hagel and Jeffrey Morris, the Samuel A. McCray Chair in Law, are quoted in a Dayton Daily News article, “Court: 'Love not enough' for establishing contract,” examining a recent ruling by the Ohio Supreme Court. The professors commented on the court’s ruling that said that moving in with another person while in a romantic relationship does not satisfy the legal requirement necessary to form a contract.   

    Morris is also quoted in a Dayton Daily News article, “Company kept consulting information from shareholders,” which reported on restructuring plans of the Dayton company Standard Register.

    Professor Richard Saphire is quoted in a Dayton Daily News article “Obama's health care overhaul to have dramatic effects,” which examines the Supreme Court's consideration of the constitutionality of the Affordable Health Care Act.

    Presentations

    Susan Brenner, the NCR Distinguished Professor of Law and Technology, spoke on state-sponsored economic espionage at State Ethics: Controlling The Behavior of Governments and Their Partners, the Harvard International Law Journal’s 2012 symposium on February 20. Brenner has been invited to submit a short article for publication in the Harvard ILJ.    

    Brenner spoke on the issues arising from the use of encryption to protect data stored on smart phones at the Whitter Law Review’s 29th annual symposium on The Law of the Smart Phone. Her article “Encryption, Smart Phones and the Fifth Amendment” is in the process of being published by the Whittier Law Review

    Susan Wawrose, director of law graduate programs and professor of lawyering skills, and Adam Todd, assistant professor of lawyering skills, presented at the Global Legal Skills Conference VII in San Jose, Costa Rica, on March 12. Wawrose presented on “Introducing Conditionally Admitted LL.M. Students to the Law School Environment” during a session on “Involving Students and Improving Learning.” Todd presented on “The Economics of Teaching Legal Skills: A Comparative Perspective” during a session on “The Costs and Benefits of Legal Skills Education.”  

    Eric Chaffee, associate professor of law and director of faculty research, presented at several recent conferences and workshops. His presentations included:

    • “The Role of the Foreign Corrupt Practices Act and Other Transnational Anti-Corruption Laws in Preventing or Lessening Future Financial Crises” at the Ohio State Law Journal Symposium on the Foreign Corrupt Practices Act at 35 and Its Impact on Global Business, at The Ohio State University Moritz College of Law on March 16.
    • “Informatics and Securities Regulation: Exploring the Role of Securities Law on the Internet and within Virtual Worlds” at the Northern Kentucky Law Review Law & Informatics Symposium at Northern Kentucky University’s Chase College of Law on March 2.
    • “Two Tales of ‘Publicness,’ Exploring Why Certain Companies are ‘Public’ Companies under Federal Securities Law and Others Are Not” at the Ohio Legal Scholarship Workshop at Capital University Law School on February 25.
    • Commented on Donald C. Langevoort and Robert B. Thompson’s work-in-progress, “‘Publicness’ in Contemporary Securities Regulation,” at the Scholarly Roundtable at Georgetown University Law Center on February 3.

    Professor Rebecca Cochran was invited to discuss “Judicial Cooperation within the United States of America: Federal Court Certification of Questions of State Law to State Courts” at Access to Foreign Law in Civil and Commercial Matters, the European Commission’s Hague Conference on Private International Law Joint Conference on February 15-17 in Brussels.

    Professor Richard Saphire participated on a panel, Procedural Choices for the New Commission:  Internal Procedures and Staffing, at the Colloquium for the Ohio Constitution Modernization Commission, held in Columbus on March 22. Saphire was recently appointed to serve on the colloquium’s steering committee. Video of the colloquium is available on the Ohio Channel’s website.

    Accomplishments

    Professor Blake Watson