Thursday January 31, 2013

Winter 2013 Faculty News

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


Susan Brenner, the NCR Distinguished Professor of Law and Technology, published two articles recently.

"Offensive Economic Espionage?" was published in the Harvard International Law Journal. The article argues that the law enforcement model for preventing cyberespionage is ineffective, and proposes a modified strategy that expands the process of responding to online economic espionage by allowing retaliation by a victim after it had analyzed the attack and determined its source.

"Law, Dissonance and Remote Computer Searches" was published in the North Carolina Journal of Law & Technology. The article examines the conflict that arises when law enforcement officers in one jurisdiction remotely search a computer that is physically located in another jurisdiction, reviewing the status of remote computer searches in Europe and in the United States. The article is available from the journal as a PDF.

Dean of Students Lori Shaw published an article "What Does it Take to Satisfy Character and Fitness Requirements?" in Syllabus, a quarterly publication of the ABA Section of Legal Education and Admissions to the Bar. Shaw's article was originally published in the October 2009 issue of the Student Lawyer.  

Media appearances

Professor Tom Hagel appeared on the Today show on Jan. 31 to discuss the nomination of his brother, former U.S. Senator Chuck Hagel, to be secretary of defense. Tom Hagel discussed their experience serving together in the Vietnam War. They saved each other's lives during the war.

Professor Andrea Seielstad and several law students discussed their work in the Law Clinic providing assistance to homeowners facing foreclosure with WDTN channel 2 in Dayton.

Jeffrey Morris, the Samuel A. McCray Chair in Law, is quoted in an article "Ohio bankruptcies fall, but surge anticipated this year" in the Akron Beacon Journal. At least 40 media outlets in Ohio and West Virginia, plus the San Francisco Chronicle, picked up the story.   

Associate professor Thaddeus Hoffmeister is quoted in an article in the Cincinnati Enquirer profiling a woman who has served on five different juries.  


Professor Blake Watson will discuss his book Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights at the Spring Speakers Series, sponsored by the Indigenous Law and Policy Center at Michigan State University College of Law, on Feb. 26. The program will also include commentators Patricia Seed, professor of history at University of California at Irvine, and M. Alex Pearl, assistant professor of law at Florida International University Law School.

Published by Oklahoma University Press in 2012, Buying America from the Indians 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.  

Susan Brenner, the NCR Distinguished Professor of Law and Technology, delivered the keynote address "Rule Dissonance and Remote Computer Searches" at the Osgoode Hall Law School's Sixth Annual National Symposium on Technology Crime and Electronic Evidence on Dec. 1 at York University.  

Ken Germain, the distinguished professorial practitioner in residence, gave two talks in Washington, D.C., on Dec. 6. He delivered a trademark update and review at the Patent and Trademark Office and gave a talk on the unconstitutionality of stacking product design/trade dress protection to the editorial board of the Patent Trademark & Copyright Journal.  

Dean of Students Lori Shaw and Kelly Henrici, executive director of the Program in Law and Technology, participated in the Dayton Bar Association's CLE program on "New Rules, New Tools: Compliance with the New Model ABA Rules on Technology in Practice and the Mandatory Montgomery County Criminal Court eFiling System" on Dec. 6. Shaw discussed the ethical obligations related to the use of technology in the practice of law and how attorneys' ethical obligations will change as new ABA model rules are adopted by states. Henrici presented a case study of technologies shaping the practice of law, current ethical obligations related to those technologies and how ethical obligations will be impacted when the model ABA rules are implemented in Ohio.  

Susan Wawrose, director of graduate law programs and professor of lawyering skills, presented "Writing for Today’s Partners" at the Legal Writing Institute One-Day Workshop in Baton Rouge, La., in December.

For more information, contact Shawn Robinson, associate director of news and communications, at 937-229-3391 or