Faculty News

June 2009

Assistant Dean of Career Services and Adjunct Professor Mary Ann Willis was quoted in the June 1, 2009, Daily Reporter article, ”Central Ohio law schools encourage pro bono work,” by Katie Sparks. Willis spoke about pro bono opportunities for law students and the challenges to finding meaningful opportunities. [ Read the Article ]

May 2009

Professor David Mayer was a speaker and moderated a panel on "The Future of the Conservative Movement" for the Columbus Lawyers Chapter of the Federalist Society on May 7 in Columbus.

For Summer term 2009, Professor David Mayer will be a Visiting Scholar at the Social Philosophy and Policy Center at Bowling Green State University, in Bowling Green, Ohio, where he will be working on Freedom's Constitution, his book on the U.S. Constitution

Professor Dan Kobil was quoted in the May 14, Dispatch Politics, a division of The Columbus Dispatch. The article, "Advocacy group sues village over canvassing law", covers the accusation that Ohio Citizens Action has made against Canal Winchester. [ Read the Article ]

Adjunct Professor Douglas Squires who successfully prosecuted the largest private fraud case in U.S. history, was profiled on the Columbus Dispatch Video website. [ Watch the Video ]

Denise St. Clair, executive director of the National Center for Adoption Law & Policy at Capital University Law School, was quoted in the May 1 Washington Times article "HIV-positive Va. man sues over adoption case" by Matthew Barakat.

Professor Brad Smith was quoted an article in the May 4 Washington Post. The article, "Obama FEC Choice Draws Mixed Reviews" by Dan Eggen can be found online here. Also, Smith was quoted in the May 6 Columbus Dispatch editorial "Pick for U.S. Supreme Court should serve the law, not a constituency".

April 2009

Professor Jeff Ferriell was quoted in two articles published in the Cleveland Plain Dealer. The articles are The First Steps: Concessions and Car firms would still have to pay retiree benefits both by reporter Robert Schoenberger. Ferriell, a bankruptcy expert, commented on the repercussions of workers striking during a bankruptcy process and how negotiations might affect union members, respectively.

Professor of Legal Writing and Adjunct Administrative Law Instructor Chris McNeil was quoted in the April 27 Columbus Dispatch article "Who's left in charge? It depends: Brunner, Coleman tap others if traveling; law hazy on delegating power" by Mark Niquette.

April 3, Professor Mark Brown filed a petition for a writ of certiorari with the Supreme Court in the case of Stevo. Keith, 546 F.3d 405 (7th Cir. 2008). It involves an Illinois law that requires independent candidates for Congress (House) to collect a number of signatures equal to 5% of the vote in the last congressional election in the district. In the Tenth District in Illinois, this number totaled more than 10,000 signatures in 2008. Illinois reduces this number to 5,000 every fifth election—the one immediately following the census. Thus, in 2002 and 2012, independent candidates in the Tenth District only needed and need to collect 5,000 signatures. Stevo (who Professor Brown represents) was an independent candidate in the Tenth District in 2008. He argues that Illinois’s approach violates the Equal Protection Clause. Essentially, the claim is that Illinois’s approach cannot pass either the rational basis test or a heightened level of scrutiny ordinarily applied to elections. The Seventh Circuit disagreed, leading to the petition for certiorari. The litigation is being sponsored by the Coalition for Free and Open Elections (COFOE ).

Professor Brown's article, "The Fall and Rise of Qualified Immunity: From Hope to Harris," was printed by the Nevada Law Journal. It explores the implications of the Supreme Court's recent holding in Scott v. Harris (2007), which appears to authorize interlocutory appellate fact-finding in section 1983 cases filed in federal court.

[ Read the Article (PDF) ]

Professor Danshera Cords presented "Does the Appointment and Reappointment Process for Tax Court Judges Strengthen the Tax Court?" at the Critical Tax Conference, April 3. It was held at the Indiana University Maurer School of Law.

Professor David Mayer's article “Substantive Due Process Rediscovered: The Rise and Fall of Liberty of Contract” has been published in the Winter 2009 issue (the Articles Edition) of Mercer Law Review (60 Mercer L. Rev. 563 (2009)).

Professor Susan Rozelle moderated a panel on Insanity at the Annual Criminal Law Symposium at Texas Tech. She is a contributing author to Criminal Law Conversations, an Oxford University Press book that will be published this summer. Her book chapter, "The Type of Possession Is Nine-Tenths of the Law: Criminal Responsibility for Acts Performed Under the Influence of Hypnosis or Bewitchment", is forthcoming this summer in Law and Magic (Carolina Academic Press). She is the Chair-Elect of the AALS Criminal Justice Section this year.

Professor Brad Smith spoke on the topic of campaign finance March 18 at the Triangle (NC) Federalist Society (his topic was "The Constitutionality of Public Financing of Political Campaigns After Davis v.FEC") and at the North Carolina Republican Legislative Caucus (his topic was "The Constitutionality of North Carolina's Public Financing System After Davis v. FEC"); also he testified before Illinois Reform Commission on campaign finance reform in February.

Adjunct Professor Douglas Squires has successfully prosecuted the largest private fraud case in U.S. history. The target, Lance Poulson was sentenced to 30 years, the longest sentence for fraud in U.S. history.

[ Watch the video on The Columbus Dispatch web site ]

March 2009

Professor Rick Wood presented a class to assist families in understanding the complex financial issues surrounding an adoption. A tax law expert, Professor Wood’s presentation was entitled "Tax Benefits of Adoption."

Professor David Mayer spoke on "Thomas Jefferson and the `Holy Cause of Freedom'" March 25 at Rockford College, in Rockford, Illinois, in a talk sponsored by Rockford's Center for Ethics and Entrepreneurship. Following his lecture, Mayer was interviewed by Dr. Stephen Hicks, professor of philosophy and executive director of the Center. Mayer's 20-minute video interview is posted, in two parts, on the Center's website. [ Watch the Interview ]

Recent publications by Professor Brad Smith include "Let's Have Separation of Campaigns and State" in the April 1 Washington Examiner and "Can Congress Regulate All Political Speech?" in the March 3 Wall Street Journal.He was quoted in the March 1 Columbus Dispatch in "Donations vs. impartiality on docket" by James Nash.

March 1, Smith appeared on Press Call for Federalist Society previewing Caperton v. Massey Coal Co. and March 20, he was interviewed about proposals for government financing of political campaigns by Carolina Journal Radio.

February 2009

Professor Brad Smith, former head of the Federal Election Commission, testified before the Illinois Reform Commission (appointed by Governor to consider ways to clean up Illinois politics) and was quoted in February 24 Chicago Tribune.

Professor Brad Smith penned an editorial in the Feb. 27 Columbus Dispatch, "Washington should halt its unhelpful financial 'aid'".

Smith filed Amicus Briefs with Steve Hoersting, L'96, in U.S. Supreme Court on behalf of Center for Competitive Politics in two cases: Citizens United v. Federal Election Commission and Caperton v. Massey Coal Co.

On Feb. 25, Professor Dennis Hirsch gave a guest lecture at The Ohio State University Fisher College of Business in a class on Business and the Environment - Strategies for Sustainability. The title of his presentation was "Carbon Emissions Trading: Emerging Markets, Laws and Opportunities."

Professor David Mayer spoke on the topic "In Defense of Lochner: Why Justice Holmes Was Wrong" February 17 at the University of Cincinnati College of Law, in a talk sponsored by Cincinnati's chapter of the Federalist Society.

David Mayer's essay "Completing the American Revolution," originally published in the Spring 2008 issue of The Journal of Ayn Rand Studies, was reprinted (in abridged form) in the Spring 2009 issue of The New Individualist, the now-quarterly magazine published by The Atlas Society. Professor Mayer's essay was the lead article in the issue's theme, "Return to Revolution," and was accompanied by a sidebar piece, "Mayer's Rx," interviewing him about his views on constitutional reform.

Professor Dan Kobil was an invited presenter at the invitation-only roundtable conference sponsored by the ABA Commission on Effective Criminal Sanctions. The purpose of the conference was to assess the progress made toward reform of federal sentencing in the five years since Justice Anthony Kennedy addressed the ABA House on this subject. Justice Kennedy also spoke at the conference. Conference papers and transcripts of the roundtable discussions will be published in the Federal Sentencing Reporter. Professor Kobil’s paper was on regularizing clemency. The roundtable was moderated by Jeremy Travis, President of John Jay College of Criminal Justice; commentators for the roundtable included scholars, judges, and practitioners who have written extensively about the federal sentencing system; and a select group of individuals (including practitioners, policymakers, legislators, and researchers) were invited to attend as observers.

Feb. 9, Professor Dennis Hirsch was a featured speaker in the Law and Society Speaker Series at Suffolk University Law School in Boston, MA. He spoke about his recent writing and research on privacy law.  The title of his talk was “What Privacy Regulation Can Learn from Environmental Law: The Promise of Regulatory Covenants.”  

Feb. 6, Professor Mike Distelhorst served as one of the speakers at the Ohio Judicial College’s CLE program for the Ohio Municipal Judges Association. The title of his presentation was “The Growing Incidence of Combined Alcoholism, Drug Abuse, and Anxiety/Depression Disorders in the Legal Profession: The Advent of a Distressed Lawyer Model.”

January 2009

Dean Jack A. Guttenberg has been appointed by Chief Justice Thomas J. Moyer to The Supreme Court of Ohio Task Force to Review the Ohio Disciplinary System. The Task Force is charged with conducting a comprehensive review of the organizational rules and procedures currently in place to investigate, prosecute and adjudicate allegations of professional misconduct among Ohio lawyers and judges. Dean Guttenberg is a co-author of OHIO LAW OF PROFESSIONAL CONDUCT (Lexis Nexis, 2007) and an expert on professional responsibility.

The Ohio Ethics Commission has unanimously elected Associate Dean Shirley Mays, who was appointed to the commission in 2008, to be its vice chair. Former Rep. Ben Rose was unanimously elected to be its chair.

Professor David Mayer's article "The Myth of `Laissez-Faire Constitutionalism': Liberty of Contract during the Lochner Era" has been published in the Winter 2009 issue of Hastings Constitutional Law Quarterly (36 Hastings Const. L. Q. 217 (2009)).

December 2008

Professor Dan Kobil continued to appear in the national media as an expert on clemency and presidential pardon. He was interview on KPAM, Portland, OR on Dec. 11. [ Listen Here ]

Also, Kobil was quoted in the Anchorage Daily News article "Will U.S. Sen. Ted Stevens seek a presidential pardon?" by Erika Bolstad, Dec. 17. [ Read the Article ]

Dec. 11, Professor Mike Distelhorst served as one of the speakers for the Columbus Bar Association’s CLE program entitled, “Work-Life Balance for Lawyers.”

Professor Joe Grant recently published “Shattering and Moving Beyond the Guttenberg Paradigm: The Dawn of the Electronic Will,” 42 University of Michigan Journal of Law Reform 105 (2008).

Professor Regina Burch was appointed to the State Teachers Retirement Board by Ohio Governor Ted Strickland.

Burch, an expert on corporate governance issues, was quoted in the Dec. 2008 Columbus C.E.O. magazine article, “Board Evaluations,” by Lisa Hooker. The article discusses increased standards and responsibilities for corporate board of directors.

November 2008

Professor Brad Smith, former head of the Federal Election Commission, was quoted in the Nov. 30 Boston Globe in "For Obama, a chance to push big changes" by Brian C. Mooney. [ Read the Article ]

On Thursday, Nov. 20, Dean Jack A. Guttenberg served as a moderator for a panel discussion on Judicial Independence at the Law School for Legislators program.

Guttenberg represented Ohio’s law schools at the Supreme Court of Ohio Bar Ceremonies at the Ohio Theatre on Nov. 17, 2008. More than 1,000 new attorneys were admitted to the bar. Dean Guttenberg’s remarks focused on the legal profession: “Today you join a noble and honorable profession – a profession that has a long history of protecting the rights of the individual, promoting democracy and helping resolve disputes in a peaceful manner… a profession that recognizes the great privileges that have been vested on it… and the responsibility it has to give back to our communities.” Justice Judith Ann Lanzinger served as keynote speaker and Justice Terrence O’Donnell administered the oath of professionalism to the new attorneys. Capital University Law School had the highest first-time pass rate among all law schools – 94%! An archived video of the oath of office sessions is available at the Supreme Court’s Web site (www.supremecourtofohio.gov), as well as the Ohio Channel (www.ohiochannel.org).

Professor Dan Kobil, a nationally known clemency expert, appeared on CNN Lou Dobbs on Nov. 18. Professor Kobil was interviewed on the president’s clemency power. [ See the Video ]

Professor Kobil is also quoted in the ABC News story, “Record Numbers Seeking Bush Pardons,” found here.

Professor Mike Distelhorst was a member of the Symposium Panel for a “Symposium on the Economic Crisis” hosted by the Council for Ethical Leadership at Capital University and the Capital University School of Management and Leadership on November 10.

October 2008

Capital Law Faculty Ranks High in New Study!
In a newly released faculty productivity study by Roger Williams University, Capital University Law School faculty places 36th out of the 118 U.S. News listing of 2nd, 3rd and 4th tier law schools for scholarship published. Capital is one of only two 4th tier law schools in the top 40 — a list which predominately includes 2nd tier law schools. [ More ]

Professor Mark Brown, Newton D. Baker/Baker & Hostetler Chair of Law, is part of a panel discussion titled, “Election Dissection: Civil liberties beyond ’08.” The program, co-sponsored by the ACLU of Ohio, Columbus Urban League and the Columbus Lawyer Chapter of the American Constitution Society, will take place Wed., Nov. 12 at 7:00 pm at the Columbus Urban League, 788 Mount Vernon Avenue. The panelists will discuss how the new executive branch, Congress and state leaders will impact civil liberties. The event is free and open to the public.

Also, Brown will be providing a review of the significant cases from the U.S. Supreme Court for the Ohio State Bar Association’s CLE program: Supreme Court Year in Review. The 6.0 CLE program (including 1 hour or professionalism) is taking place around the state Dec. 3 (Columbus); Dec. 9 (Fairfield); Dec. 18 (Cleveland); and Dec. 22 (Perrysburg). For more information visit www.ohiobar.org.

Professor Brad Smith, former head of the Federal Election Commission, speaks with reason.tv about campaign finance laws and John McCain.

[ Watch the Video ]

Professor Smith published an article in the Sunday, Oct. 26 Washington Post. [ Read the Article ].

Also, Professor Smith appeared on 20/20: John Stossel's Politically Incorrect Guide to Politics, Friday, Oct. 17 on ABC. Additionally, he was quoted in the Oct. 19 Columbus Dispatch article, "Illegal voters, or just getting out the vote?" by Jill Riepenhoff.

Professor Charles Cohen was quoted in the Oct. 11 Columbus Dispatch article "Building was no gift to group, some say" by Randy Ludlow.

Professor Daniel Turack published The Role of National Human Rights Institutions at the International and Regional
Levels: The Experience of Africa in the Oct. 2008 Journal of Third World Studies.

On Friday October 10, 2008 Professor Lance Tibbles addressed the Ohio Health Ethics Advisory Committee for Community Based Services on the topic “Applying Ethical Theories to Health Care – An Ethical Theory for a Right to Health Care.” [ More ]

Professors Dan Kobil and Brad Smith publish opposing op-ed's in the Oct. 13 Columbus Dispatch: "How might next president affect the Supreme Court?"
[ Read Kobil's Op-Ed ] [ Read Smith's Op-Ed ]

Oct. 3, Professor Floyd Weatherspoon was a keynote speaker at the City University of New York (CUNY)'s Black Male Initiative, Third Annual Conference: African American Males and the Legal System.

Professor Mike Distelhorst was a speaker and panelist for the “9th Annual Ohio Free Clinics Conference, Called to Service: Equipped to Heal.” Professor Distelhorst spoke on issues related to non-profit agencies establishing corporate ethics and compliance programs.

He also presented a series of two programs for the Virginia CLE in Richmond Virginia on October 2, 2008 and Fairfax Virginia on October 3, 2008. The series was entitled “Integrity-Based Lawyering,” with the first program entitled “Compliance-Based Ethics v. Integrity-Based Ethics and the second program entitled” Applying Integrity-Based Ethics to the Roles of Lawyers.” Videos of the programs were replayed throughout Virginia at 17 locations during the last week of October and will be played in 6 locations in December.

Professor Distelhorst was a speaker for a program co-sponsored by The Supreme Court of Ohio Board of Commissioners on Grievances and Discipline, The University of Akron School of Law Joseph G. Miller and William C. Becker Institute for Professional Responsibility, and the Ohio State Bar Association.

September 2008

Professor Brad Smith former Federal Election Commission Chairman, quoted in Friday, Sept, 19, 2008 New York Times front page article, “McCain’s Camp Tests Fund-Raising Limits.”

Professor David Mayer's essays on "Constitution of the United States," "Declaration of Independence," and "Thomas Jefferson" appear in the newly-published Encyclopedia of Libertarianism (ed. Ronald Hamowy, Los Angeles: SAGE Publications, 2008), a project of the Cato Institute.

Professor Mayer also spoke on the topic "What Is Libertarianism?" to the College Libertarians at Capital University on September 22.

Professor of Legal Writing and Adjunct Administrative Law Instructor Chris McNeil spoke about Ohio's regulatory reform efforts, before the Conference of Chief Administrative Law Judges in Anchorage, Alaska, on September 11, 2008. He also served as an Associate Editor for the 2008 issue of The International Journal of Interdisciplinary Social Sciences, and has been named co-editor and contributing author to the 2009 edition of Baldwin's Ohio Administrative Law Handbook and Agency Directory, published by Thomson West.

Professor Dan Kobil helped to write and file an amicus curiae brief with the U.S. Supreme Court on behalf of current and former governors in support of the petitioner in the case of Edward Jerome Harbison v. Ricky Bell (Case No. 07-8521). [ More ]

Professor Mike Distelhorst has been appointed to act as Reporter for the Ohio State Bar Association Task Force on Legal Education. The Task Force will be examining the recent Carnegie and Stuckey Reports critiquing legal education.

Professor Distelhorst was a speaker for the Ohio Attorney General’s “Outside Counsel Seminar” for the “Revenue Recovery Services Collection Enforcement Section.” His presentation dealt with “Substance Abuse: Causes, Prevention, Detection and Treatment” in the legal profession, from the perspective of a Distressed Lawyer Model.

August 2008

Professor Michael Rich was quoted in the Findlay Courier in an article titled Official's dual roles raising questions. Capital Law Alumni David Freel, L'77, was also quoted.

Professors Floyd Weatherspoon and Scot Dewhirst were quoted in the August 20 Columbus Dispatch article "Mediation program's popularity booming." [ Read the article ]

Capital Law welcomes Professors Joseph Grant and Michael Rich this fall [ More ]

Professor Brad Smith was the topic of an article in the August 12 Politco. The article "Conservatives plot on campaign finance" can be read here.

Also, he was quoted in the August 3 Fort Collins Coloradoan ("Campaign groups can spend big, keep donors hidden") and the August 1 Cleveland Examiner ("Campaign finance 'reform' surrendering to free speech?") regarding campaign financing.

July 2008

Professor Jeff Ferriell was among the 250 attorneys, judges, law professors, legislators, and other state officials participating in the 2008 Annual Meeting of the Uniform Law Commission (ULC) in Big Sky, Montana during July. 

Professor Mike Distelhorst is one of three new members appointed by The Supreme Court of Ohio to the Commission on Professionalism. [ More ]

Professor Danshera Cords's article Charitable Contributions for Disaster Relief: Rationalizing Tax Consequences and Victim Benefits (57 Cath. U. L. Rev. 428 (2008)) was featured in the Tax Prof Blog. [ Read the entry ]

June 2008

Professor Brad Smith was quoted in numerous publications regarding the June 26 Supreme Court decision in Davis v. Federal Election Commission. Publications include USA Today, Baltimore Sun (this story also appeared in the Sacramento Bee, Raleigh News-Observer and other newspapers), CQ Politics (here and here), Campaigns & Elections Magazine and the BNA Political Reporter.

NPR's Morning Edition featured Professor Brad Smith on Sunday, June 22 regarding Barack Obama's decision to reject public financing. June 25, WHYY, an NPR affiliate, also featured Smith on the topic of Obama and public financing.

Professor Dennis Hirsch was an invited participant in the first annual Privacy Law Scholars Conference at George Washington Law School. The event brought together academics, regulators, public interest advocates and private practitioners working in the area of privacy law. He also presented at the Triple Bottom Line Boot Camp at The Ohio State University Fisher School of Business. The “triple bottom line” concept refers to the three bottom lines – economic, environmental, and social -- that successful businesses must meet to be sustainable in the long term. The title of his presentation was “Carbon Trading: Emerging Laws, Markets and Opportunities.”

Professor Athornia Steele has been named dean of Shepard Broad Law Center of Nova Southeastern University (NSU) in Fort Lauderdale, Florida. His tenure there begins August 2008. [ More ]

Dean Jack A. Guttenberg is co-chairing the ABA Section on Legal Education Law School Development Committee. In this role, Guttenberg, and his co-chair Trishana Bowden of American University, are planning the May 2009 conference in Jackson Hole, WY, which brings together law school deans, faculty and development officers to discuss and learn from one another law school development issues.

Denise St. Clair, executive director of the National Center for Adoption Law & Policy at Capital University Law School, was quoted in the June 2008 Columbus C.E.O. magazine article, “Adoption Benefits,” by Susan Pavilkey. The article examines ways employers are making it easier for employees to adopt children.

Professor Floyd Weatherspoon addressed a session on the practical implications of mandating that discrimination claims be arbitrated in a union setting at the Federal Mediation and Conciliation Service's 14th National Labor-Management Conference on June 11.

May 2008

Legal Writing Professor Chris McNeil was granted a doctorate in judicial studies in graduation ceremonies conducted at the University of Nevada - Reno. His dissertation, "Perceptions of Fairness in Agency Adjudications: Applying Lind & Tyler's Theories of Procedural Justice to State Executive-Branch Adjudications," was supported by a grant from the National Science Foundation.

Professor Mike Distelhorst and Adjunct Professor Jason M. Dolin have published an article entitled, “Clinical Experience Essential Part of Legal Education” in the May/June 2008 edition of the OSBA Magazine, Ohio Lawyer.

The article deals with the need for more clinical legal education as detailed in the Carnegie Report, “Educating Lawyers: Preparation for the Profession of Law” and the Clinical Legal Education Association Report (the Stuckey Report), “Best Practices for Legal Education.”

Professor Floyd Weatherspoon was quoted in the May 15, 2008 Toledo Free Press. The article, Dixon to File FIrst Amendment, discrimination suits by John Krudy, can be found here.

Professor Dennis Hirsch served as a judge for the Central Ohio Emerald Awards. This annual event recognizes those in the Ohio region who are leaders in the area of waste reduction, recycling and environmental stewardship. Hirsch received the Board of Trustees Emerald Award in 2006 for his work with the Central Ohio Sustainability Roundtable.

May 15, Hirsch will be a speaker at the OSBA’s Annual Convention. He will be speaking on the “Environmental Law Update” panel. His topic will be “The Brave New World of Carbon Trading: An Introduction for Lawyers.”

May 19, Hirsch will be speaking at the “Carbon Emissions Trading 101” conference in New York City. His topic will be “The Offsets Compliance Market: Past Experience, Future Opportunities.”

Professor Dan Kobil was quoted in the May 2, San Diego Union-Tribune article "Captured fugitive now waiting for extradition, and to learn fate" by Kristina Davis.

April 2008

Legal Writing Professor Chris McNeil presented a program entitled "The Nuts and Bolts of Administrative Hearings before the Ohio Bureau of Motor Vehicles," for the Butler County Bar Association, in Hamilton, Ohio on April 18. April 25, he presented a lunchtime forum entitled "Electronic Communication Skills for the Legal Assistant," for the Columbus Bar
Association.

Professor Susan Rozelle was quoted in the Corvallis Gazette Times on April 19 in the story "Without Body, State Must Prove Death".

April 9, Rozelle appeared on KEZI Channel 9’s ABC News at 6 o’clock, with a follow-up interview at 11 o’clock, in "Judge Hears Joel Courtney's Plea", regarding a murder prosecution without a body.

Professor Dan Kobil was quoted in the April 30, Columbus Dispatch article "Protesters who were barred sue fair board" and the April 30 Marietta Register article "Fair Board Lawsuit: No Word Yet". Both articles discuss a case alleging the Washington County Fair Board infringed on free speech rights when it prevented two members of a local group from marching in a parade.

In response to the US Supreme Court decision to uphold the Indiana law requiring government ID to vote, Former FEC Chair, Election Law Expert and Professor Brad Smith has been quoted in several national publications. These include the April 29 Washington Post article "High Court Upholds Indiana Law On Voter ID", the Congressional Quarterly article "Fate of Voter ID Laws Uncertain Despite Court Move" and the Christian Science Monitor article "US High Court Upholds Voter Photo ID".

Earlier this month, he was quoted in an article in the St. Louis Post-Dispatch in an article titled "Federal election agency AWOL as cash floods presidential campaigns."

Professor Mike Distelhorst has been invited by the Virginia CLE to present two days of programs in October 2008 in Richmond and Fairfax Virginia dealing with the subject of legal ethics. The title of Distelhorst’s presentations will be “Integrity-Based Lawyering: Looking More Closely at What It Means to Be An Integrity-Based Lawyer.”

March 2008

Professor Susan Rozelle presented “The Type of Possession Is Nine-Tenths of the Law: Criminal Responsibility for Acts Performed Under the Influence of Hypnosis or Bewitchment,” at the Law Culture and Humanities Conference hosted at the University of California, Berkeley on March 29, as part of a panel she organized.

Professor Mark Brown delivered the manuscript for the second edition of his book (written with Kit Kinports) to publisher last week. The book, Constitutional Litigation Under § 1983 (2d ed. Lexis) will be out in time for Fall courses.

Brown's article, “The Fall and Rise of Qualified Immunity: From Hope to Harris,” was accepted for publication by the Nevada Law Journal. It will be out in the Fall.

Associate Dean Shirley Mays has been Appointed to Ohio Ethics Commission. Formed in 1973, the six-member commission interprets and administers the state ethics law for the majority of state and local public officials and employees.

Dean Jack A. Guttenberg is currently serving on the Columbus Bar Association 2008 Nominating Committee. The Committee is beginning the process of selecting candidates for the 2008 board of governors election in May.

Legal Writing Professor Chris McNeil was a panelist, with the Hon. Judith L. French of the Tenth Ohio Appellate District Court of Appeals and William L. Hills of the Ohio Joint Committee on Agency Rule Review, in a discussion entitled “The Roles that State Agencies Play in State Government,” presented by the Michael E. Moritz College of Law, Legislation Clinic Conference, The Ohio State University College of Law, Columbus, Ohio, March 13, 2008.

Professor Mike Distelhorst spoke to the Certified Property Casualty Underwriters Association (CPCUs) at their March 11 meeting. The topic of Professor Distelhorst’s presentation was The Need for Business to Get Serious About Integrity-Based Ethics in the Aftermath of the Subprime Mortgage Meltdown.

March 5, 2008, Professor Jeff Ferriell testified, along with several others, including Ohio Attorney General Marc Dann, and Richard Nemeth, state chair for the National Association of Consumer Bankruptcy Attorneys, before the Ohio Senate Finance and Financial Institutions Committee in favor of Senate Bill 281.

Last November, Ferriell was appointed by Ohio Governor Ted Strickland to the Ohio Board of Uniform State Laws. This appointment makes Ferriell a member of Ohio’s delegation to the National Conference of Commissioners on Uniform State Laws (NCCUSL). NCCCUSL, together with the American Law Institute (ALI) is responsible for the promulgation and revision of a wide variety of model and uniform state statues, including the Uniform Commercial Code, the Uniform Arbitration Act, the Uniform Partnership Act, and recently, the Uniform Rules Relating to Discovery of Electronically Stored Information.

Earlier in March, Ferriell, in his role as a member of the Ohio Board on Uniform State Laws and member of the National Conference of Commissioners on Uniform State Laws (NCCUSL) joined with other Ohio NCCUSL members in making recommendations to the Ohio Supreme Court regarding changes the court is considering to Ohio’s rules on “electronic discovery” in civil litigation. They recommended that the Supreme Court consider bringing Ohio’s rules into conformity with the NCCUSL’s Uniform Rules Relating to Discovery of Electronically Stored Information (2007). NCCUSL’s uniform rules are available here.

Professor Brad Smith published an article with John Lott on campaign finance in the Wed., Mar. 5 Wall Street Journal. [ Read the Article ]

Smith was quoted in a March 4, Arizona Republic article, "McCain campaign funding under fire", by Diana Marrero. [ Read the Article ]

Adjunct Professor Doug Squires, an Assistant U.S. Attorney who is prosecuting the former executives of National Century Financial Enterprises, is mentioned in the March 4, Columbus Dispatch corporate fraud trial story, “Investor details loss of millions.”

[ Read the article ]

Professor Floyd Weatherspoon had his letter to the editor published on the Columbus Dispatch website March 4, 2008. His letter, "Black men have issues candidates ignore," can be read here.

February 2008

Professor Dan Kobil was a guest speaker at The Supreme Court of Ohio Judicial College Appellate Judges Seminar on Feb. 28, 2008. He and the other panelists, Deborah Solove, an Assistant United States Attorney, and Professor David A. Goldberger from The Ohio State University Moritz College of Law, spoke about recent hot topics in First Amendment law, including “virtual” child pornography, nooses and other offensive displays, public employees and offensive speech and student speech in schools.

Feb. 28, Professor Dennis Hirsch spoke to an environmental law class at The Ohio State University School of Public Health. His topic was “Next Generation Approaches to Environmental Law and Policy.”

Feb. 13, Hirsch spoke at the Waste News Capitol Hill Summit in Washington, D.C. His topic was: “Carbon Offsets: Reducing Greenhouse Gases for Environmental and Financial Benefit.”

Professor Mike Distelhorst recently spoke to the Ohio Investigators Association and the Central Ohio Chapter of the Association of Certified Fraud Examiners on the topic of “Business Ethics and Legal Compliance: From Principles to Practices.” Professor Distelhorst’s presentation was part of the two organizations’ Professional Development Program entitled “Tactical Training for Fraud Investigators.”

Professor Brad Smith was referenced in the Feb. 28, Washington Post editorial by George F. Will, “McCain in A Glass House.”

Feb. 22, Associated Press Writer Jim Kuhnhenn cited Smith in his article about campaign spending, "Obama and Clinton spend at high rate in January; McCain in dispute with FEC."

He appeared on Fox Business channel on February 20 to discuss public financing of the presidential campaigns of Senators John McCain and Barack Obama.

Smith published an article with Steve Simpson called "Unfettered Speech, Now" in the Sat., Feb. 16 Washington Post. The article discusses campaign finance law and free speech. [ Read the Article ]

Smith was quoted in a Feb. 4 editorial in the Washington Times. The editorial discussed partisan gridlock holding up the vote on filling four open seats on the Federal Election Commission (FEC).  [ Read the Editorial ]

Also, Smith was quoted in the Feb. 7 Los Angeles Times. The article, "Anti-Clinton film backers take on campaign-funding law", by David G. Savage, discusses the ramifications of television ads in a political campaign. [ Read the Article - Registration Required ]

Legal Writing Professor Chris McNeil spoke on “The Public’s Right of Access to ‘Some Kind of Hearing’ – Creating Policies that Protect the Right to Observe Agency Hearings,” at the Louisiana State University Law Review Symposium “Improving State Governance: Critical Issues in State Administrative Law,” Baton Rouge, Louisiana, February 16, 2008.

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