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School of Law | October Faculty Briefs

Faculty Briefs

Dean Paul E. McGreal is featured in a new “SOCHE Talk” video, a series on higher education produced by the Southwest Ohio Council for Higher Education. Dean McGreal discusses what it's like to be the dean of a law school, challenges facing legal education and steps UDSL is taking to meet those challenges.

Kenneth B. Germain, the distinguished professorial practitioner in residence at the University of Dayton School of Law, has been named as the “Cincinnati Best Lawyers Trademark Law Lawyer of the Year” for 2012 by Best Lawyers. Germain is also of counsel at Wood, Herron & Evans and focuses his practice on trademark counseling, consulting and litigation. Best Lawyers designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. One lawyer in each specialty in each community is honored as the “Lawyer of the Year.”

Associate Professor Thaddeus Hoffmeister published an essay, “Applying Rules of Discovery to Information Uncovered About Jurors,” in the UCLA Law Review Discourse. In his article, Hoffmeister examines the “positive and negative aspects of legal professionals investigating jurors online and offers a proposal that, if implemented, should dull some of the criticism associated with the practice. His proposal recommends that the Advisory Committee on Criminal Rules of the Judicial Conference of the United States make certain juror information uncovered by attorneys in criminal trials subject to the rules of discovery.

Hoffmeister talked to the Los Angeles Times about possible nationwide repercussions that could be caused by a judge's decision to publicly release the names of the jurors in the Casey Anthony case.

He is also quoted in an article in the New Jersey Star Ledger examining the unusual questions a judge is asking potential jurors in the trial of a Pennsylvania man accused of murdering a priest.

Associate Professor Tracy Reilly’s 2008 article, “Debunking the Top Three Myths of Digital Sampling and Copyright Infringement,” was cited in a brief filed in the U.S. Court of Appeals for the Eleventh Circuit for the proposition that digital sampling is a physical taking and, therefore, a violation of copyright laws. The article was also cited in a book, Creative License: The Law and Culture of Digital Sampling, co-authored by Peter DiCola, prominent IP scholar from Northwestern Law, and published this year by Duke University Press.

Reilly has had an article accepted for publication in the Minnesota Journal of Law, Science & Technology. The article, “Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules on the Digital Sampling of Sound Recordings in Metall auf Metall,” will be published in the journal’s the fall 2011 issue. It analyzes the difference between U.S. copyright laws and German “neighboring rights” that govern the infringement of sound recordings. 

Reilly presented “Good Fences Make Good Neighboring Rights” at the annual Intellectual Property Law Scholars Conference at DePaul College of Law in Chicago on August 12.

Assistant Professor of Lawyering Skills Adam Todd has had an article accepted for publication in McGeorge Law Review. The article, “An Enduring Oddity: The Collateral Source Rule in the Face of Tort Reform, the Affordable Care Act and Increased Subrogation,” will be published in 2012.

Associate Professor Eric Chaffee has had an article accepted for publication in the Washington & Lee Law Review. The article, “Regulating On-line Peer-to-Peer Lending in the Aftermath of Dodd-Frank: In Search of an Evolving Regulatory Regime for an Evolving Industry,” is expected to be published in 2012.

He also wrote the law review symposium introduction, “Perspectives on Gender and Business Ethics: Women in Corporate Governance,” for a forthcoming issue of the University of Dayton Law Review.

Chaffee presented “An Interdisciplinary Exploration of the Role of Intuition in Human Decision-Making and Its Application to the Practice of Law: A Dual-Process Model for Making Legal Compliance Decisions in the Business World” at the Faculty Colloquium Series at the University of Akron Law School on September 21.

Maria Crist, director of the Legal Profession Program and professor of lawyering skills, and Victoria VanZandt, professor of lawyering skills, participated in the Seventh Biennial Legal Writing Conference, sponsored by the Central States Region, on September 17 at The John Marshall Law School in Chicago. Crist presented “Imminent Professionals: The Role of Assessment in an Upper Level Transactional Drafting Course.” VanZandt presented “Using Portfolios to Assess Metacognition.”

Associate Professor Jeannette Cox presented “Pregnancy as ‘Disability’ and the Amended ADA” at the sixth annual Colloquium on Current Scholarship in Labor & Employment Law at Loyola Los Angeles, Southwestern, and UCLA Law Schools in Los Angeles on September 16.

Cox has been invited by the AALS Section on Women in Legal Education to present her article, “Pregnancy as ‘Disability’ and the Amended Americans with Disabilities Act,” at the AALS annual meeting in January.

Professor Richard Saphire was honored for his contributions to making Dayton "a community where there is no homelessness" by the organization Homefull, formerly The Other Place, which provides shelter, housing and social services to homeless people in Dayton. He will receive the honor during Homefull's annual fundraising in September. Saphire served for three years as president of the organization’s board of trustees.

Professor Vernellia Randall discussed “Black American Health: Anti-Discrimination Law as a Determinant of Health” at the Congressional Black Caucus’ annual Legislative Conference in Washington, D.C., on September 23.

Dean Paul E. McGreal, Monique Lampke and Kent ShimeallDean Paul E. McGreal and Monique Lampke, lecturer of law and externship faculty, met with Kent Shimeall, ethics counsel and chief of constitutional offices at the Ohio Attorney General's Office, after Shimeall gave a presentation at the University of Dayton School of Law on September 19. Participating in the UDSL Learn at Lunch series, Shimeall talked to students about professionalism and ethical issues in interviewing clients and witnesses. The Learn at Lunch series featured a program on October 4 on women and minorities in the legal profession. It featured Mary Mertz, first assistant attorney general in the Ohio Attorney General's Office; Jose Gonzalez, senior attorney at Speedway LLC; and Judge Alice McCollum of the Montgomery County, Ohio, Probate Court. 

Susan Brenner, the NCR Distinguished Professor of Law & Technology, is quoted extensively in "Computer Hacking: Can 'Good' Hackers Help Fight Cybercrime," an article in CQ Research.

Professor Charlie Hallinan is quoted in an AP article examining a maneuver by Ohio state lawmakers that would protect a Republican-drawn congressional map from the possibility of a repeal by voters. The article was published across the state and nation.

Jeff Morris, the Samuel A. McCray Chair in Law, is quoted in a Toledo Blade article examining a decrease n the number of bankruptcy filings in Northwest Ohio. Morris provided analysis on the drop in filings.

Morris is also quoted in a Dayton Daily News article on the bankruptcy case of NewPage Corp, a paper manufacturer headquartered in Miamisburg, Ohio. Morris commented on approvals a U.S. bankruptcy court granted in the company’s bid for Chapter 11 protection while it tries to restructure its debt.

Tim Swensen, assistant dean and director of the Career Services Office, is quoted in article examining law student blogs on the Student Lawyer website. In the article, Swensen offers advice to would-be bloggers, including advising  them to make sure potential employers recognize your initiative, smarts and writing skills.

Richard Perna, associate dean for academic affairs and professor of law, is quoted in a Dayton Daily News article reporting on a new policy at the Children’s Medical Center of Dayton mandating that all employees must be vaccinated for the flu this fall.

Professor Tom Hagel is quoted in a Dayton Daily News article, “Tightened national security draws criticism from both political parties,” examining changes to national security since the 9/11 terrorist attack.

Paul Venard, assistant professor and reference librarian, reviewed Comparative Constitutional Law, edited by Tom Ginsburg and Rosalind Dixon, for the AALS Spectrum blog. Venard said the book “provides a great background, coming from a wide array of authors,” and includes “great in-depth coverage for someone with little to no knowledge of the topic (like myself) and provides the ability for those who wish to delve deeper to do so.”


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