Tuesday November 6, 2012

Fall 2012 Faculty News

Roundup of publications, media appearances and presentations by University of Dayton School of Law faculty.


Professor Tracy Reilly’s latest article, “Betty Boop Almost Lost Her ‘Bling-Bling’: Fleischer Studios v. A.V.E.L.A. I and the Re-Emergence of Aesthetic Functionality in Trademark Merchandising Cases,” was published in the Journal of the Patent & Trademark Office Society. The article is available as a PDF.

Associate professor Pamela Laufer-Ukeles has accepted an offer from the Indiana Law Journal to publish her article “Mothering for Money: Regulating Commercial Intimacy. The article is expected to be published in 2013. Laufer-Ukeles will also publish “Between Function and Form: Towards a Differentiated Model of Functional Parenthood,” in the George Mason Law Review next year.  

In the Media

A paper by Susan Brenner, the NCR Distinguished Professor of Law & Technology, is quoted in an article “New Cyberwar Rules Of Engagement: Will the U.S. Draft Companies to Fight?” on ReadWriteWeb.com. The article quotes “Civilians In Cyberwarfare: Conscripts,” which Brenner co-wrote with attorney Leo L. Clarke and was published in 2010 in the Vanderbilt Journal of Transnational Law.

Professor Blake Watson’s new book Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights was featured on the settler colonial studies blogThe book examines the history of native land rights of American Indians and provides a detailed account of Johnson v. McIntosh, the controversial 1823 U.S. Supreme Court decision that established that Indians lack full ownership rights in the lands they occupy. Watson argues that the United States should formally repudiate the discovery doctrine set forth in Johnson v. McIntosh

Professor Vernellia Randall was interviewed about “political alternatives” on “Leid Stories,” a program on the Progressive Radio Network on Sept. 18. The interview is available on the network’s website.

Associate professor Thaddeus Hoffmeister commented on social media use by jurors in an article “Social media’s lure can create a problem jury” in The News-Press of Fort Myers, Fla.   

Professor Eric Chaffee discussed management changes and job cuts made by Eastman Kodak in a Dayton Daily News article. Kodak, which has filed for bankruptcy, has a digital printing operation in Kettering, Ohio.


Professor Lisa Kloppenberg gave the keynote address “Training the Heads, Hands and Hearts of Tomorrow's Lawyers” at the Center for the Study of Dispute Resolution Symposium at the University of Missouri School of Law on Oct. 19. The symposium focused on “Overcoming Barriers in Preparing Law Students for Real-World Practice.”

Susan Brenner, the NCR Distinguished Professor of Law & Technology, participated in several seminars in Europe this fall:

  • She gave the keynote speech at seminar, “Investigating Cybercrime,” at Leiden Law School in The Netherlands on Sept. 28. Brenner discussed how U.S. law would address remote computer searches, or surreptitious searches of computers used by suspects in other countries. The seminar was sponsored by eLaw@Leiden, the Centre for Law in the Information Society at Leiden Law School, and Fox-IT.
  • Brenner presented an overview of U.S. cybercrime law at an expert seminar organized and presented by the Belgian Cybercrime Centre of Excellence for Training, Education and Research, which is funded by the European Union, on Oct. 1. The seminar was held at the Institute of Criminal Law at the University of Leuven’s Faculty of Criminal Law in Leuven, Belgium. Following her presentation, Brenner participated in a daylong analysis of how Belgium’s criminal procedure law needs to be revised to better deal with cybercrime cases.
  • She gave a presentation on the “Belgian Yahoo Case” at the Institute for International Law at K.U. Leuven in Flanders, Belgium, on Oct. 2. The case involves a Belgian prosecutor’s attempt to subpoena digital evidence from Yahoo, which declined to comply. Brenner analyzed how the case would be determined under U.S. law.

Professor Richard Saphire participated in a symposium "Justice and Legal Change on the Shores of Lake Erie: A History of the Northern District of Ohio" at the University of Akron School of Law on Sept. 27. The symposium celebrates the release of Justice and Legal Change on the Shores of Lake Erie: A History of the United States District Court for the Northern District of Ohio. Saphire discussed the chapter “Bringing Brown to Cleveland” he wrote for the new book.

Ken Germain, the distinguished professorial practitioner in residence, chaired the 22nd annual All Ohio Annual Institute on Intellectual Property on Sept. 20-21 in Cleveland and Cincinnati. The seminar, which Germain founded, attracted more than 500 participants.

Germain will co-present “Trademark/Trade Dress for Business Lawyers and IP Lawyers: Recent Developments on Registration, Infringement, Dilution, and Remedies” on Nov. 15 during an ALI CLE phone seminar.

Professor Vernellia Randall discussed “Health Disparities and the Law” at Penn State University Dickinson School of Law on Sept. 20.  

Professor James Durham moderated a conference call on municipalities using eminent domain to seize foreclosed properties to combat the mortgage/foreclosure crisis on Oct. 10. The conference call was part of “Professor's Corner,” a monthly call sponsored by the ABA Section on Real Property featuring discussions on important new property cases and issues.  

Kelly Henrici, executive director of the Program in Law and Technology, presented “Lawyer Ethics and Technology” at the Columbus Bar Association’s CLE program “Master Series: Employment Law 2012” on Sept. 18.

Professor Blake Watson presented on "Fracking and Contamination Litigation" at a conference, “Utica Shale: Issues in Law, Practice and Policy,” sponsored by Cleveland-Marshall College of Law, on Sept. 14. He also was a panelist on a program on hydraulic fracturing, sponsored by the University of Dayton Sustainability, Energy and Environment Initiative on Aug. 30.


Professor Richard Saphire was appointed to the Ohio Constitutional Modernization Commission, which is charged with examining the state constitution and making recommendations to the Ohio Legislature. One of the 20 public members on the commission, Saphire also served on the steering committee for the colloquium in March that launched the commission process.

For more information, contact Bob Mihalek, communication specialist at the University of Dayton School of Law, at 937-229-4683 or bob.mihalek@udayton.edu.