Faculty News & Announcments 2004

December 2004

December 28, 2004, Professor Mike Distelhorst was a speaker at the Swearing-in Ceremony for The Honorable Julie Lynch, L‘93, who was sworn in as a Judge, of the Court of Common Pleas, Franklin County, Ohio.

December 16, 2004, Professor Mike Distelhorst served as one of the speakers for the “Ethics, Professionalism and Substance Abuse” CLE program sponsored by the Franklin County Prosecuting Attorney’s Office. The other speakers in the program were Jonathan E. Coughlan, Esq., Disciplinary Counsel, Supreme Court of Ohio and Alvin E. Mathews, Jr., Esq., of the firm of Lane, Alton & Horst.

Professor David Mayer has published his essay, "Necessary and Proper": West Point and Jefferson's Constitutionalism in the new book Thomas Jefferson's Military Academy: Founding West Point (Robert M.S. McDonald, ed., 2004). The essay was a paper originally presented at the U.S. Military Academy in November 2001, at a conference celebrating West Point's bicentennial.

Chris McNeil, adjunct administrative law instructor and legal writing professor, was awarded a Master of Judicial Studies degree in December 2004 in ceremonies held at the University of Nevada, Reno. The Judicial Studies Degree Program, established at the UNR in conjunction with the National Judicial College and the National Council of Juvenile and Family Court Judges, provides sitting judges with coordinated theoretical and practical academic experiences created expressly for both judicial branch and executive branch judges. The cutting-edge training focuses on improved legal critical/analytical skills and improved opinion and legal writing skills. The MJS is one of only two Master's degree programs in the nation.

November 2004

November 18, 2004, Professor Mike Distelhorst spoke to the International Association of Administrative Professionals on the topic of "Workplace Ethics".

Professor James Beattie presented “Studying Law – What’s It About?”at Capital University Law School, November 13, 2004.

November 9, 2004, Professor Dennis Hirsch spoke to a class on Operations Management taught by Professor Bruce Greenfield of the Capital University School of Management. His talk was entitled “Mass Production, Lean Production and Environmental Law.”

Professor Max Kravitz argued and prevailed for Respondent Stephen M. Stern in the Ohio Supreme Court in Ohio State Bar Association v. Stern, 2004-Ohio-5464 (November 3, 2004).

Professor Jeffrey Ferriell has published Understanding Contracts, a new contracts hornbook designed for use primarily by first-year law students. Professor Ferriell co-authored the book with Professor Michael J. Navin. [ More ]

Two articles on racial profiling by Professor Floyd Weatherspoon have been accepted for publication. The University of Pittsburgh Law Review has published Ending Racial Profiling of African-Americans in the Selective Enforcement of Law: In Search of Viable Remedies. Weatherspoon's second article, Racial Profiling of African-American Males: Stopped, Searched and Stripped of Constitutional Protection has been accepted for publication by John Marshall Law Review.

Professor Dennis Hirsch was recently appointed Vice-Chair of the American Bar Association, Section of Environment, Energy and Resources, Committee on Innovation, Management Systems and Trading. This committee focuses on innovative approaches to environmental regulation and their implications for environmental law and policy.

Professor Lance Tibbles was appointed to the Institutional Review Board at the Columbus, Ohio, Children's Hospital.

Professor Chris McNeil participated as a panelist in two programs presented during the Annual Meeting of the National Association of Administrative Law Judges in Baltimore, Maryland held November 3 - 6, 2004. McNeil spoke on policy implications of "Creating a Central Panel of Administrative Law Judges" and provided practice instructions for administrative law judges in a program on "Safety on the Highway: National Highway Safety Council Programs for Administrative Law Judges".

October 2004

Professor Robert Wade was selected as the Chair for the Ohio Supreme Court's Commission on Certification of Attorneys as Specialists on October 22, 2004.

October 21, 2004, Professor Chris McNeil presented his paper "Adjudication by Interstate Compact Agencies" during the fall meeting of the American Bar Association's Administrative Law and Regulatory Practice Section in Washington, D.C. The Section is preparing a model act prescribing administrative procedures for use by interstate compact agencies.

Professor James Beattie served on a panel discussion of “What Am I Voting On?” at Capital University Law School, October 20, 2004.

On October 19, 2004, Professor Mike Distelhorst presented an “Update on Legal Ethics” at Nationwide Insurance. The program was attended by lawyers from the general counsel’s office and other departments of Nationwide.

Terrence Wheeler, co-director of the Center for Dispute Resolution and adjunct professor at Capital University Law School, was the speaker at the October 15 meeting of the ADR committee. [ More ]

October 14, 2004, Professor Dennis Hirsch spoke at the DePaul University, Center for Intellectual Property Law and Information Technology (CIPLIT), Symposium on Privacy and Identity. He delivered a presentation entitled “Protecting Privacy: Environmental Law for the Second Industrial Revolution.” This paper will be published in the Symposium book due to come out next year.

On Tuesday, October 12, at 12 noon at the Athletic Club in downtown Columbus, Ohio, Professor David Mayer was a panelist on the topic "Presidential Leadership: Rating the Best & Worst in the White House" for the Columbus Lawyers Chapter of the Federalist Society. Professor Mayer presented his own views on ranking the presidents according to fidelity to the Constitution. His paper, Rating the U.S. Presidents, is posted on his Web site.

The Creighton University School of Law Centennial Symposium held a panel discussion of Professor James Beattie's paper “Taking Liberalism and Religious Liberty Seriously” on October 9, 2004.

October 7, Professor Dennis Hirsch moderated a panel at the American Bar Association, Section of Environment, Energy and Resources, Annual Fall Meeting in San Antonio, TX. The panel was titled “Environmental Law in a Dynamic World: Emerging Technologies, Advanced Production and Environmental Regulation.” It examined four new developments that are posing challenges and opportunities for the environmental regulatory system: biotechnology, nanotechnology, lean production, and water desalination. The speakers identified the issues raised by each area. As moderator, Professor Hirsch drew common themes from the presentations about how environmental regulation responds to a changing world.

Terrence Wheeler, co-director of the Center for Dispute Resolution and adjunct professor at Capital University Law School, has been elected president-elect of the board of directors of the Association for Conflict Resolution (ACR). On October 2, 2004, Wheeler became president-elect for one year. He then will assume the presidency in October 2005, for a one-year term. [ More ]

September 2004

September 28, 2004, Professor Mike Distelhorst with the Council for Ethics in Economics hosted the 5th Annual Governor’s Summit on Character Education in cooperation with the Ohio Partners in Character Education, and the Ohio Department of Education. Major corporate sponsors for the day-long program included AEP, Honda, Ashland, and Nationwide.

September 27, 2004, Professor Mike Distelhorst with the Council for Ethics in Economics hosted the Laws of Life Essay Awards Banquet in association with the Ohio Partners in Character Education, The AR-Hale Family Foundation, and the Harry H. Stone Family Philanthropic Fund. The Banquet honored Middle School and High School students from around the state whose essays dealing with ethics and virtues were selected from over 5,000 submissions.

Professor David Mayer was the featured guest on "The Tony Macrini Show" on WNIS radio, Norfolk, Virginia, on Constitution Day (Friday, September 17), discussing the origins of the Constitution of the United States. Among other topics, he mentioned the Tenth Amendment, which he more fully discusses in his web log essay, The Constitution's Forgotten Foundation.

September 15, 2004, Professor Bradley E. Smith, Chairman of the Federal Elections Commission, joined Moritz College of Law Professors Edward B. Foley and Donald Tobin in a discussion of Money and Politics 2004: New Rules, New Practices. Beginning at 12:00 pm, the presentation will be held at the OSU Saxbe Auditorium of Drinko Hall, 55 West 12th Avenue.

Associate Dean Athornia Steele has been appointed to the Section of Legal Education and Admission to the Bar of the American Bar Association, Committee on Law School Administration for the 2004-2005 fiscal year. This section has particular focus on issues surrounding law school administration and also is responsible for planning the law school academic dean's workshops.

Professor Chris McNeil was a speaker at the Program on Law and State Government Fellowship Presentation at Indiana University School of Law, in a conference on "Harms to be Avoided and Benefits Garnered? State Office of Administrative Hearings: Indiana's Future for Administrative Justice & Fairness" McNeil discussed the policy implications of moving to a central panel of administrative adjudicators, during a panel discussion on "Other States' Experiences with Creation and Maintenance of an Office of Administrative Hearings".

August 2004

Professor Jacqueline Orlando participated as a mediation coach at The Ohio State University College of Law Mediation Program on August 29, 2004.

Professor Kent Markus was quoted in a Columbus Dispatch article profiling Eric D. Fingerhut, a member of the Ohio Senate and candidate for a US Senate seat for Ohio. Markus became friends with Fingerhut when they attended NorthWestern University together. The article, A Man of Priorities, appeared August 22, 2004.

Professor Susan D. Rozelle was quoted in the August 22, 2004, Columbus Dispatch. The article, Failure to Report Felony Is Crime by John Futty and Jodi Andes, explored the possible prosecution of a confidant to a suspected serial rapist. [ Read the Article ]

Professor Dennis Hirsch's article Lean and Green? Environmental Law and Policy and the Flexible Production Economy was recently listed on Social Science Research Network's (SSRN) Top Ten download list for "Technology, Operations Management & Production Recent Hits". [ Read the Abstract ]

Professor Chris McNeil presented a half-day continuing professional education program to the National Council of Examiners of Engineers and Surveyors on "The Role of the Administrative Law Judge in Disciplinary Proceedings," on August 14, 2004 in Cleveland, Ohio.

The Association of Legal Writing Directors has awarded Professor Chris McNeil one of three national incentive scholarship grants for his research and writing on the role of the executive branch adjudicator in post-9/11 government, with a focus on the trend of legislatures ceding judicial functions to the executive branch.

An article by Professor Chris McNeil, "Critical Factors of Adjudication: Language and the Adjudication Process in Executive and Judicial Branch Decisions," was published in Volume 23 of the Journal of the National Association of Administrative Law Judges Number 2, pages 411 to 438 (Fall 2003).

Professor Mark Brown was quoted in an article on same-sex marriage in the St. Petersburg Times. The article, entitled The Gay Marriage Divide, appeared August 1, 2004. [ Read the Article ]

Professor Chris McNeil presented three programs at the Albany Law School in a program for New York State Administrative Law Judges, on "Managing the Hearing and Developing a Record", "Balancing Judicial Independence and Agency Oversight" and "High Volume Hearings at the Traffic Violations Board".

Professor Floyd Weatherspoon presented at a number of national ADR conferences in August including "How to Become a Successful Arbitrator" at the National Bar Association's 79th Annual Convention in Charlotte, North Carolina; "An Introduction to ADR Processes: Mediation and Arbitration" at the Blacks in Government 26th Annual National Training Conference, Washington, DC; and "Effective Representation in Mediation" at the Equal Employment Opportunity Commission Excel Conference in Las Vegas.

July 2004

Professor Chris McNeil presented a three-day program sponsored by the National Highway Traffic Safety Administration on "Traffic Adjudications by Administrative Law Judges," at the National Judicial College in Reno, Nevada from July 29 to 31, 2004.

With Richard Cordray, Professor Margaret M. Cordray published a law review article entitled The Calendar of the Justices: How the Supreme Court's Timing Affects Its Decisionmaking. It appears at 36 Arizona State Law Journal 1 (2004).

Professor Dennis Hirsch published a law review article entitled Lean and Green: Environmental Law and Policy and the Flexible Production Economy. It appears at 79 Indiana Law Journal 611 (2004). [ More ]

June 2004

June 27, 2004, Professor Daniel T. Kobil published his editorial Solid rationale for clemency in Williams case in the Indianapolis Star.

June 24, 2004, Professor Floyd Weatherspoon was an instructor for the "Managerial Mediation" workshop held at Georgia State University by The Opportunity Development/Diversity Education Planning Office.

Professor Rachel Janutis presented her paper, A Fair Apportionment Approach to Multiple Punitive Damages, at the Ohio Legal Scholarship Workshop on June 24, 2004. The Workshop was held at the University of Akron School of Law.

Professor Floyd Weatherspoon presented at the American Association of Law Schools’ Workshop on Racial Justice In A New Millennium, June 13-15, 2004, Portland, Oregon on Racial Justice and Equity for African-American males in the American Educational System: A Dream Deferred. He also spoke on "Human Resources Update: An Overview of Perennial and Changing Issues" for the Ohio Library Council on June 16.

Adjunct Professor and Center for Dispute Resolution Co-Director Terrence Wheeler presented at Ohio Forums on the Model Standards of Conduct for Mediators. [ More ]

Professor Emeritus N. Douglas Wells passed away on Saturday, June 12, 2004. [ More ]

Professor Daniel T. Kobil published his editorial Perry's duty: Show mercy to Joe Lee Guy in the Austin American-Statesman June 8, 2004.

June 4, 2004, Professor Mike Distelhorst hosted a program of the Council for Ethics in Economics entitled “Ethical Decision-Making: Maintaining Personal and Organizational Integrity”. The featured speaker was Dr. Michael Rion, of Resources for Ethics and Management. The program was co-sponsored by several local corporations and universities, including the Capital University School of Management.

Professor Mark Brown spoke at the University of South Florida’s Civil Rights Conference in June 2004. The panel focused on current civil rights issues, particularly affirmative action. Professor Brown's presentation included a call for greater commitment to affirmative action and included a discussion of an article he published two years ago in the Temple Law Review, “Affirmative Inaction: Stories from a Small Southern School.”

May 2004

Professor Kent Markus was appointed by Ohio Supreme Court Chief Justice Moyer to the Supreme Court Task Force on Pro Se and Indigent Litigants. [ More ]

Assistant Professor Danshera Cords was the guest speaker for the Columbus Association of Tax Professionals May meeting. Professor Cords provided an introduction to the reorganization rules under IRC section 368 and focused on the rules involving tax free triangular mergers.

Professor David Mayer spoke about "Slavery as the Cause of the Civil War: Evidence from the Confederate Constitution" to the Civil War group of the Columbus Bar Association on May 26, 2004.

Professor David Mayer spoke about "Thomas Jefferson's Legacy of Liberty" to the Libertarian Studies Organization at The Ohio State University May 13, 2004.

April 2004

Professor Dennis Hirsch moderated a panel on Environmental Ethics at the Ohio State Bar Association’s Annual Ohio Environmental Law Seminar April 30, 2004.

April 28, 2004, Professor David Mayer spoke about "Thomas Jefferson's Legacy of Liberty" to a government class at Upper Arlington High School.

Professor Max Kravitz was elected to the Board of Governors of the American Board of Criminal Lawyers for the years 2004-05.

Professor Mike Distelhorst has been appointed by Governor Taft to the State Board of Psychology, the state board that licenses and regulates psychologists.

Josiah H. Blackmore II, president emeritus and Law School professor, recently was appointed by Governor Bob Taft, under the advice and consent of the Ohio Senate, to the Ohio Ethics Commission. The commission advises on ethical issues that occur in state government. His term expires in January 2009.

Professor David Mayer spoke at the Ohio College Republican Federation's state convention, meeting at Miami University in Oxford, Ohio, on April 3, on the topic "The Liberal Bias on College Campuses." A summary of Professor Mayer's talk is posted on his web site.

March 2004

Professor Lance Tibbles organized and moderated the 25th Annual John E. Sullivan Lecture & Symposium,"The Role of the Corporate Lawyer Following Enron and Sarbanes-Oxley", held on March 3, 2004.

Professor Rachel Janutis has been elected to the Executive Committee of the AALS Section on Remedies.

March 8, 2004, Professor Floyd Weatherspoon served as a mediator for the United States District Court Southern District of Ohio.

Professor Floyd Weatherspoon spoke at Columbus Alternative High School, Columbus, Ohio on March 1, 2004 on the "Impact of the Brown decision on the Desegregation of Public Schools".

Professor Mike Distelhorst has been asked to serve as a panelist for a program on Business Ethics to be held by the Better Business Bureau of Central Ohio, Inc. on April 1, 2004. The audience for the program will include representatives of seventy-five Better Business Bureau chapters and will be moderated by Kip Morse, President and General Manager of Better Business Bureau of Central Ohio, Inc.

February 2004

"Democrats in Congress owe Federal Election Commission Chairman Bradley Smith an apology," begins a February 18, 2004, Wall Street Journal editorial about political fundraising. Bradley Smith, Professor of Law at Capital University, is on a leave of absence while he serves on the Federal Election Commission. [ Read the Article ]

Interim dean and professor Athornia Steele has been elected to a two-year term on the Ohio Bar Association Council of Delegates representing District 7.

Professor Susan M. Gilles was cited by The Supreme Court of Ohio in its February 11, 2004 decision Gentry v. Craycraft, 101 Ohio St.3d 141, 2004-Ohio-379. The Supreme Court of Ohio ruled “that in order to recover damages for personal injury suffered as a participant or spectator at a sport or recreational activity, an injured party must prove that the defendant acted recklessly or intentionally, regardless of the victim’s age or awareness of potential risk.” In its opinion, the Court cited Professor Gilles’ article, From Baseball Parks to the Public Arena: Assumption of the Risk in Tort Law and Constitutional Libel Law, 75 Temple Law Review 231 (2002). Read the complete opinion.

On February 7, 2004, Professor Mike Distelhorst will speak to the Columbus Bar Association, Real Property Institute, on the subject of Professionalism and the Real Estate Practitioner. Subjects covered will include the bounds of zealous representation, confidentiality, and duties to report client dishonesty.

Professor Mark Brown was appointed to the board of the ACLU of Ohio in February 2004.

January 2004

January 29, 2004, Professor Dennis D. Hirsch won an award at the 2003 CPR Institute for Dispute Resolution Awards Program. Hirsch and co-author Professor Jerry Anderson of Drake Law School were awarded Honorable Mention in the “Problem Solving in the Law School Curriculum” category for their book Environmental Law Practice: Problems and Exercises for Skills Development (2nd ed., Carolina Academic Press, 2003). [ More ]

On January 16, 2004, Professor Lance Tibbles presented a lecture at a meeting of the Ohio Scientific Education & Research Association on “Regulation of Research Involving Human Subjects that Reveals Individually Identifiable Information About Third Parties.”

Professor Lance Tibbles was appointed to the Institutional Review Board at Children’s Hospital. Institutional review boards (IRBs) are the primary vehicle in the U.S. for protecting human subjects of medical & behavioral research. Additionally, Professor Tibbles continues to serve on the Capital University Institutional Review Board where he has been a member since its inception in the early 1990s.

Professor Susan Gilles was elected as the Chair of the Association of American Law Schools Section on Mass Communication for 2004 at the January meeting of the AALS in Atlanta.

On January 8, 2004, Professor Mike Distelhorst served as Program Co-planner and Program Facilitator for the Leadership Worthington program entitled “Leadership and Ethics.” Panelists included George Albu, Federal Mediator; Nancy King, Vice President, Ohio Presbyterian Retirement Services; and Dean Lisa Dolin of Capital’s School of Management. Attendees and participants were persons designated by Leadership Worthington as future leaders of the Worthington business and professional communities.