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School of Law : May 2012 Faculty News

May 2012 Faculty News Roundup


Associate professor Jeannette Cox’s article on pregnancy and disability has been published in the Boston College Law Review. In the article, “Pregnancy as ‘Disability’ and the Amended Americans with Disabilities Act,” Cox proposes that the ADA should be interpreted to protect pregnant workers.  

The ACLU Women’s Rights Project cited the article in an animus brief to the U.S. Court of Appeals for the Fourth Circuit and in comments on pregnancy discrimination to the U.S. Equal Employment Opportunity Commission.  

The article has also received widespread attention from media around North America, including the Huffington Post, the Wall Street Journal’s Juggle blog and the Toronto Globe and Mail. She was interviewed on WGN radio with Mike McConnell, "Friendly Fire" on Newstalk, and "The Takeaway," a national public radio show co-produced by WNYC with The New York Times, the BBC and PRI. Cox also wrote an opinion article for on the proposal.

Associate professor Pamela Laufer-Ukeles’ new article, “Between Function and Form: Towards a Differentiated Model of Functional Parenthood,” will be published in the George Mason Law Review in January 2013.

In the Media

Professor Harry Gerla published an op-ed article, “Reconsidering the e-Book Analysis: A Response to Daniel Crane,” on alleged pricing fixing among e-book publishers on In the article, Gerla says that the alleged agreement among the e-book publishers may wind up being summarily condemned even if they never agreed on a price or price level. “Even if they ‘merely’ agreed to jointly insist that the publisher be allowed to set the price at which an e-book was to be resold,” he writes, “that may well be characterized as ‘term fixing,’ which may not quite carry the same stigma as ‘price fixing’ but may allow the government to avoid the burdens and perils of a full-blown rule of reason inquiry.

Associate professor Thaddeus Hoffmeister is quoted in a Wall Street Journal article, “Bias Law Spurs Judge to Toss Out Death Sentence.” The article reported on a North Carolina judge's decision to overturn an inmate's death sentence after a finding that race played a key role in the jury-selection process.

Jeffrey Morris, the Samuel A. McCray Chair in Law, is quoted in an article, “Whose vision is better for American Airlines?” in the Forth Worth Telegram. Morris discussed the American Airlines bankruptcy case and its possible merger with US Airways. 

Associate professor Tracy Reilly’s paper "Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules on the Digital Sampling of Sound Recordings in Metall auf Metall" is cited in an entry on Wikipedia on the digital sampling case Bridgeport Music, Inc. v. Dimension Films. Reilly’s paper was published in the winter 2012 issue of the Minnesota Journal of Law, Science & Technology. The article is available from the journal as a PDF. 

Associate professor Jeannette Cox’s paper “Pregnancy as ‘Disability’ and the Amended Americans with Disabilities Act” was featured in an article, “How Employers Get Away With Firing Pregnant Women — Legally” on AOL Jobs.  

Tim Swensen, director of career services, was one of several attorneys who fielded questions from law students around the country in an article, “Ask Us Anything: Lawyers Answer Your Toughest Questions,” in the May Student Lawyer magazine, published by the ABA. Swensen answers the article’s fourth question, from a 2L at a crossroads in her legal studies.  

Professor Vernellia Randall was interviewed by the Final Call for an article, “Black legal experts weigh in on Zimmerman case,” which examined the Trayvon Martin murder case.

Randall was also interviewed on “Our Common Ground” radio show on May 5. She discussed “Modern Day Enslavement: African Americans in the Trap.”

Professor James Durham is quoted in a Dayton Daily News article, “Townships use economic development district funds to spur growth,” examining the use taxes in economic development districts.

Durham is also quoted in an article, “More foreclosure abuse fines coming to banks,” in the Dayton Daily News. Durham discussed fines the Federal Reserve is likely to sanction on mortgage servicers for foreclosure processing abuses.   

Susan Brenner, the NCR Distinguished Professor of Law and Technology, is cited in a post, “Cybersecurity Awareness and Capacity Building: Some learning objectives,” on the Homeland Security blog. The blog cites a blog post by Brenner on Congress’ power to “grant Letters of Marque and Reprisal.”


Professor James Durham discussed “Avoiding a Lawyers’ Race to the Foreclosure Bottom: Some Advice to Lawyers for Lenders and Borrowers on Their Roles in Foreclosure Litigation” at The Mortgage Foreclosure Crisis: A Discussion of Current Issues, Trends and Solutions, the Northern Illinois University Law Review Symposium on April 20.

Two Dayton Law professors were invited to speak at Statehouse Day, sponsored by the Ohio League of Women Voters, in Columbus, on April 10:

  • Professor Richard Saphire discussed the Ohio Constitutional Modernization Commission, of which he is a member.

  • Professor Blake Watson discussed “Fracking: What is it? What does it mean for your community?”

Monique Lampke, lecturer of law and externship faculty member, served on a panel “Partnering Among In-House Counsel, Outside Counsel, and Law Schools to Improve Training for Law Students and Lawyers,” sponsored by the Association of Corporate Counsel, on Feb. 9. Lampke was joined on the panel by the deans of Northern Kentucky Chase College of Law and Cincinnati College of Law.

Lampke also gave a presentation, with faculty from Northeastern School of Law, on “Developing an International Externship Program” on March 2 at the national Externships 6 Conference in Boston.

Professor Vernellia Randall discussed “Dying while Black: Black Health as a Violation of International Convention on the Elimination all Forms of Racial Discrimination” at the conference From Civil Rights to Human Rights and Self-Determination, sponsored by the International Human Rights Association of American Minorities, on April 20 in Chicago.

Associate professor Tracy Reilly was a panel member during the law school’s intellectual property symposium “(Dys)Functionality" on April 4. Part of the Scholarly Symposia Series on Current Issues in Intellectual Property Law, the symposium examined dysfunctional doctrine in trademark law. It was presented by the School of Law’s Program in Law and Technology and the Intellectual Property Law Society.

Associate professor Sam Han was invited to discuss “A Confrontation of Epic Proportions: Prometheus v. Mayo” at CincyBio 2012 in Cincinnati on April 17; and “Biochemical Pathways,” with the Toledo Intellectual Property Law Association at The University of Toledo College of Law on March 7.

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