November 2014

Floyd Weatherspoon
Associate Dean and Professor of Law, Floyd Weatherspoon, discussed the lessons we can take away from Ferguson in the aftermath of the Grand Jury's decision not to indict Office Wilson in the death of Michael Brown. Click here to watch the 10TV live broadcast.

October 2014

Melinda Molina
Professor Melinda Molina's article, "Calle 13: Reggaeton, Politics & Protest" will be published by the Washington University Journal of Law and Policy. The article explores the musical genre of reggaeton and the politically charged lyrics of reggaeton duo Calle 13 in particular as a form of cultural resistance and popular protest challenging the troubling depiction of Latinos in the United States.

Susan Gilles
 Professor Susan Gilles moderated the discussion, “Political Outrage! What’s a Reporter to Do?”, during the Ohio State Bar Association's Law and Media Conference 2014. The topic focused on whether over-the-top political mudslinging grabs voters’ attention as well as how journalists cover outrageous ads within legal and ethical limits.

Richard Wood
 On Monday evening October 20, 2014, Professor Rick Wood explained the tax benefits of adoption (up to $13,109 in tax credits alone) to prospective adoptive parents. Professor Wood spoke at the Nationwide Children’s Hospital Education Center in connection with the National Center for Adoption Law and Policy’s “Adoption Academy.”

Floyd Weatherspoon
Professor Floyd Weatherspoon was an opening speaker at the Ohio Special Education Leadership Conference in Columbus on October 14, 2014. More than 1500 school district personnel, parent advocates, and attorneys were in attendance.

Floyd Weatherspoon
Professor Weatherspoon received the Mary Parker Follett Award at the Association for Conflict Resolution (ACR) 14th Annual Conference on October 10th in Cincinnati, Ohio. The award is presented to an individual who has shown a passion and willingness to take risks; in tackling a contemporary problem or opportunity in the field of dispute resolution; has used innovative and experimental techniques; and draws upon the talents and ideas of all persons involved. Mary Parker Follett (1868-1933) was an early advocate of resolving conflict by encouraging parties to integrate interests into negotiations. During the mid-1920s, Follett shifted her focus from community group processes to the field of business. Business leaders sought her advice on how to manage their enterprises, and she became a featured speaker at national and international business conferences. Her talks were drawn together and published posthumously in the influential book Dynamic Administration.

September 2014

Lance Tibbles
Professor Lance Tibbles was one of 11 local attorneys who were recently honored by the Columbus Bar Foundation for 50 years of service to the profession. The Columbus Bar Foundation’s mission is to promote access to justice and improve understanding and respect for the law. At a luncheon on September 23, 2014, Professor Michael Distelhorst introduced Professor Tibbles and briefly described the highlights of his life in law. For a complete transcript of Professor Distelhorst's introduction, see News.

Jeff Ferriell
The third edition of Professor Jeff Ferriell's hornbook, "Understanding Contracts" was published in September, by LexisNexis. It is available from and will be available soon on and law school bookstores. Professor Ferriell's Research Assistants Erin Porta and Eric Coss, both of whom graduated in May and took the Ohio Bar exam in July, helped with research, cite-checking, and proofreading the updated text. Professor Ferriell teaches Contracts, Bankruptcy, and Secured Transactions. He is also the Director of Capital's Academic Success Program and serves as a member of Ohio's delegation to the National Conference of Commissioners on Uniform State Laws.

Michael Distelhorst TN
Professor Mike Distelhorst was a speaker for the Annual Conference of the Public Children Services Association of Ohio (PCSAO) on September 10, 2014. The title of his presentation was “Substance/Abuse vs. Integrity-Based Ethics in the Legal and Other Professions.”

Dan Kobil
Professor Dan Kobil published a book chapter in the Third Edition of “America's Experiment with Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction” (Carolina Press, 2014). Professor Kobil contributed Chapter 25 to the book, “The Evolving Role of Clemency in Capital Cases.” Professor Kobil, a national expert on state and federal clemency matters, pointed out in his chapter that among states that impose the death penalty, there are extreme disparities in how clemency tends to be used. For example, since 1976, Ohio’s governors have commuted one death sentence for every 2.8 executions that the state carried out, while in Texas the rate is one commutation for every 250 executions. Professor Kobil attributes some of this disparity to the conflicting messages about the proper role of clemency that the U.S. Supreme Court has communicated in its opinions. He writes that the Court has characterized clemency as an “essential, efficacious means of assuring that the innocent and undeserving are not executed,” yet its jurisprudence leaves the implementation of clemency “almost entirely to the political process,” regardless of whether the process is a fair one.

August 2014

Michael Distelhorst TN
Professor Mike Distelhorst continued to serve as the Chair of the Law School Committee of the Supreme Court of Ohio’s Commission on Professionalism. The Law School Committee, among its other duties, has served during the summer, along with the Commission’s Secretary, as the planning group for the Commission’s fall, state-wide “Student to Lawyer Symposium” entitled “Preparing the Leaders of Tomorrow’s Changing Legal Profession.”

July 2014

Lance Tibbles
 Professor Lance Tibbles’ letter-to-the-editor about the recent Hobby Lobby U.S. Supreme Court case was printed in the “web only” letters-to-the-editor in the Thursday July 10th edition of the Columbus Dispatch. Professor Tibbles’ three major points were:

1. The case is not a First Amendment case. The Supreme Court was interpreting the Religious Freedom Restoration Act. The court said for the first time that a for-profit corporation can invoke the statute’s religious protections.

2.The case is not about abortion. The contraceptive drugs and devices at issue either prevent fertilization or, perhaps, prevent implantation of a fertilized egg – both of which prevent pregnancy from occurring. However, an abortion is the termination of an existing pregnancy.

3. The case is not about an employer providing its funds to pay its employees’ health insurance. When employers pay health insurance premiums for their employees, it is part of their pay package – the price of labor. The cost of that benefit is recovered from the employees by reducing their take-home pay.

June 2014

Floyd Weatherspoon
 Professor Floyd Weatherspoon was recently elected to the Board of Directors for the American Arbitration Association (AAA) at its annual meeting held in San Francisco. AAA is the world’s leading provider of conflict management and dispute resolution services. Professor Weatherspoon is the Associate Dean for Alternative Dispute Resolution Programs and Professor of Law at Capital University Law School.  Hehas served as a neutral in complex commercial, labor and employment disputes for more than 30 years.

Dan Kobil
Professor Dan Kobil spoke about canvassing, the First Amendment, and the significance of Ohio Citizen Action v. City of Englewood, 671 F.3d 564 (6th Cir. 2012), to Ohio Citizen Action’s Cincinnati canvassing team on June 25, 2014. Professor Kobil helped brief and argue the Englwood case to the Sixth Circuit, with the court ruling unanimously in favor of Citizen Action’s right to canvass free from a 6:00 p.m. curfew that the City had sought to impose on door-to-door canvassing.

April 2014

Floyd Weatherspoon TN
Professor Floyd Weatherspoon has received the Outstanding Senior Volunteer Award from Medical Mutual, the Ohio-based health insurance company. Professor Weatherspoon was recognized for 13 years of service to Big Brothers Big Sisters of Central Ohio.

Dennis Hirsch
Professor Dennis Hirsch presented a paper at the Yale Law School Information Society Project speaker series entitled, "The Glass House Effect: Big Data, the New Oil and the Power of Analogy." Many have said that "Big Data is the new oil." By this they mean that, just as oil has been a key resource for the industrial economy, so Big Data will be a key resource for the information economy. This paper examines the underside of that analogy. It argues that, just as oil produces oil pollution, so Big Data produces privacy injuries as an inherent by-product of business activity. The article draws on environmental law strategies for reducing oil pollution in order to generate legal and policy proposals for reducing Big Data's privacy impacts. The paper will appear later this year in a symposium issue of the Maine Law Review. The paper, and an abstract are available on Professor Hirsch’s SSRN page.

March 2014

Mark Strasser

Professor Mark Strasser published the following articles:

The Onslaught on Academic Freedom, 81 University of Missouri-Kansas City Law Review 657-83 (2013) (symposium issue) (discusses the implications for academic freedom posed by the narrowing of constitutional protections for public employee speech).

Federal Courts, Misdirection, and the Future of Same-Sex Marriage Litigation, 23 Kansas Journal of Law and Public Policy 73-103 (2013) (discussing the conflicting signals sent by various federal courts when addressing same-sex marriage issues).

When a Baker Summary Dismissal Becomes Stale: On Same-Sex Marriage Bans and Federal Constitutional Guarantees, 17 The [Iowa] Journal of Gender, Race, and Justice 137-62 (2014)(symposium issue) (discussing why a past U.S. Supreme Court summary dismissal of a federal challenge to a state same-sex marriage ban should not be thought a bar to such a challenge now).

Hosanna-Tabor, the Ministerial Exception, and Judicial Competence, 6 Elon Law Review 151-71 (2014) (discusses why Hosanna-Tabor does not undermine the competency of civil courts to hear cases involving religious entities).

February 2014

Mark Strasser
Professor Mark Strasser has published, Let Me Count the Ways: The Unconstitutionality of Same-Sex Marriage Bans, 27 Brigham Young University Journal of Public Law 301-320 (2013)(symposium issue).

Floyd Weatherspoon
Professor Floyd Weatherspoon was recognized by the United States District Court for the Southern District of Ohio for his service to the Court as a mediator.

Jacqueline Orlando TN
Professor Jacqueline Orlando was recognized by the United States District Court for the Southern District of Ohio for her service to the Court as a mediator.

Dan Kobil
Professor Dan Kobil is helping to represent Ohio Death Row inmate Greg Lott who is scheduled to be executed on March 19, 2014. Professor Kobil will be helping to present Mr. Lott's case for clemency to the Ohio Parole Board on February 19, 2014.

Mark Strasser
Professor Mark Strasser has published an article entitled, Marriage, Cohabitation, and the Welfare of Children, that analyzes different empirical studies seeking to determine whether marriage causes or is merely correlated with increased welfare, and then discussing the public policy implications of differing findings (3 Alabama Civil Rights & Civil Liberties Law Review 101-21 (2013).

January 2014

Jeff Ferriell
Professor Jeff Ferriell participated in a panel held at the Ohio Statehouse on January 9, 2013, as part of a "Human Trafficking Awareness Day program, concerning legislative and law enforcements efforts to counteract human trafficking in Ohio. He spoke about how enactment of Uniform Law Commission's "Uniform Act on the Prevention of and Remedies for Human Trafficking" would improve existing Ohio law on the problem of Human Trafficking. In connection with this, Capital University Law Student Dan Matusicky, who is working as an Extern for the Ohio Uniform Law Commission this semester, will be working with Prof. Ferriell to draft amendments to Ohio House Bill 130, to incorporate provisions of the Uniform Act into Ohio law.

Mark Strasser
Professor Mark Strasser has recently published The Next Battleground? Personhood, Privacy, and Assisted Reproductive Technologies, 65 Oklahoma Law Review 177-223 (2013) (discussing the implications of state personhood amendments for abortion, contraception, and assisted reproductive technologies).

Dennis Hirsch
Professor Dennis Hirsch was the featured speaker in the University of Connecticut Law School Faculty Lecture Series. His presentation, Going Dutch? Collaborative Dutch Privacy Regulation and the Lessons it Holds for US Privacy Law?, presented the results of his research on Dutch privacy regulation and current directions in U.S. privacy law.

Melinda Molina
Professors Melinda Molina and Mark Brown copresented, "The Evolution of Voting Rights from the 1960s to Today," as part of Capital University's 23rd annual Dr. Martin Luther King Jr. Day of Learning.

Lance Tibbles
Professor Lance Tibbles with Daniel Skinner, Ph.D, Assistant Professor of Health Policy, Department of Social Medicine, Ohio University, Heritage College of Osteopathic Medicine, presented, "How Should We Ration Health Care?" as part of Capital University's 23rd annual Dr. Martin Luther King Jr. Day of Learning.

Mark Brown
Together with alumnus, Mark Kafantaris, Professor Mark Brown represented the Libertarian Party in its successful suit in the Southern District challenging Ohio's new ballot access law.

Mark Strasser
During the recent AALS Conference, Professor Mark Strasser presented, "What's Next after Windsor," discussing the decision's implications (or non-implications) for interstate recognition of same-sex marriages and for the constitutionality of state same-sex marriage bans.

Dan Kobil
Professor Dan Kobil was quoted in the Cleveland Plain Dealer in an article about the controversial execution of convicted murderer and rapist

December 2013

Risa Dinitz Lazaroff
Professor Risa Lazaroff served as a guest blogger for the Office of Professional Development. Professor Lazaroff provided tips on proofreading.

Mark Strasser
Professor Mark Strasser recently published the following articles: “Innocents Beware: On Religion Clause Jurisprudence and the Negligent Retention or Hiring of Clergy, 22 William & Mary Bill of Rights Jo. 177 (2013), and the earlier, “The Endorsement Test Is Alive and Well: A Cause for Celebration and Sorrow,” 39 Pepp. L. Rev. 5 (2013) (available at:

Richard Wood

Professor Rick Wood spoke at the Columbus Estate Planning Council on the tax impact of the Supreme Court’s recent decision in U.S. v Windsor (DOMA and tax). 

Stay up to date on family tax law matters by visiting Professor Rick Wood’s blog at 

Floyd Weatherspoon

Professor Floyd Weatherspoon published,"Incorporating Mandatory Arbitration Employment Clauses into Collective Bargaining Agreements, Challenges and Benefits to the Employer and Union,” in Volume 38.3, DELAWARE JOURNAL OF CORPORATE LAW, (SPRING, 2014).  

Professor Floyd Weatherspoonalso signed a contract for the publication of his book: African-American Men and the U.S. Justice System of Marginalization: A National Tragedy (Palgrave Macmillan (Spring, 2014).  While you wait for its upcoming release, you can take a look at his casebook on the topic: African-American Males and the Law: Cases and Materials (University Press of America, 1998). 

Lance Tibbles
Professor Lance Tibbles revised and updated his chapter “Lawyers Keep Clients’ Confidences” in the Ohio State Bar Association’s publication “Legal Basics for Small Business.” 

Brad Smith

Professor Brad Smith talked about the IRS Scandal and Political Speech to Federalist Societies at Tulsa Law School, Charleston Law School, and South Carolina Law School, and to the Heritage Foundation in Washington, D.C.  He also presented in Paris, France on "A Supportive But Skeptical Look at Disclosure and Transparency," to the Organization for Economic Cooperation and Development, Policy Forum on Restoring Trust in Government; and at a Vermont Law School symposium, on “The Disclosure  Debates: the Regulatory Power of an Informed Public.” 

Get up to speed on the current debate about political speech and campaign finance reform by perusing Professor Brad Smith’s articles including, Separation of Campaign and State, 83 Geo. Wash. L. Rev. __ (forthcoming 2013); The Non-Expert Agency: Should the SEC Regulate Politics? A Response to Professors Bebchuk and Jackson, 3 Harv. Bus. L. Rev. 419 (2013); Understanding “Coordination” in Campaign Finance Law: Its Meaning, Purpose and Regulation, 49 Willamette L. Rev. 603 (2013); and Practical and Theoretical Difficulties of Campaign Finance Disclosure in a Post-Citizens United World, 6 St. Thomas J. L. & Pol’y 257 (2013). 

Did you catch Professor Brad Smith’s appearances on Bloomberg Media, Oct. 4; Thom Hartmann Show, Aug. 29: John Batcheldor (Syndicated Radio) Aug. 15; or "On the Record w/ Greta Van Susteran, Aug. 9?  Or you can read his op-eds at in the Wall Street Journal, ("The Next Battle in the Fight for Free Speech," Sept. 29:  "The Supreme Court and Ed Corsi's Life of Political Crime," Sept. 6; and "The IRS Attack on Political Speech," Aug. 5.) ?

Jacqueline Orlando TN
Professor Jacqueline Orlando spoke at the Columbus Bar Association’s Legal Research Seminar for New Associates.  

Lorie McCaughan
Professor Lorie McCaughan was recently selected to participate, as a member of the team from Franklin County, in the 2014 Ohio Summit on Domestic Relations, sponsored by The Supreme Court of Ohio.  

Rachel Janutis
Associate Dean Rachel Janutis participated in the Remedies Roundtable Discussion Group:  Pedagogical Choices and Challenges in Remedies at the 2013 SEALS Annual Meeting. 

Dennis Hirsch
Professor Dennis Hirsch testified on the use of facial recognition technology and 4th Amendment privacy issues before the Advisory Committee to the Attorney General of Ohio.  Now he serves on the State Standing Committee that advises Ohio law enforcement agencies on the use of facial recognition technology.  

Jack Guttenberg TN
Professor Jack Guttenberg is currently serving as the president of the board of directors of the Ohio ACLU. 

Susan Gilles
Professor Susan Gilles served as the moderator at the 2013 OSBA Law & Media Conference, for a panel on, “When the Subject is Children and Crime,” which focused on press coverage of the Steubenville High School rape case and school shootings.  Watch the video online. (Get a copy of the conference materials online.)

Jeff Ferriell
Professor Jeff Ferriell (with other members of the Uniform Law Commission’s Legislative Council), determined that obtaining nationwide enactment the ULC’s “Uniform Act on Prevention of and Remedies for Human Trafficking” was among its top legislative priorities for the upcoming year. The ULC’s anti-human trafficking statute, which is based on similar laws that have already been enacted in Ohio and several other states, takes a comprehensive approach to this world-wide problem. The act has been described as a “major milestone” and a “game changer” by those around the country who have been working most closely with law enforcement officials and victims of this modern form of slavery.   Professor Ferriell, who was recently reappointed by Ohio Governor John Kasich to his third three-year term as a member of the Ohio Council on Uniform State Laws, will work with other commissioners to promote adoption of this act.  

Michael Distelhorst

Professor Mike Distelhorst was one of the speakers for The Christian Legal Society, Central Ohio Lawyers Chapter’s program dealing with “Legal Challenges Confronting Churches Today.”  

Professor Mike Distelhorst continues to serve as a member of the Ohio Supreme Court’s Professionalism Commission. 

Peggy Cordray
Professor Peggy Cordray serves as a member of the Ohio Supreme Court's Commission on Certification of Attorneys as Specialists. 

Janet Blocher
Professor Janet George Blocher gave a presentation on “Effective Writing Strategies” at a CLE event sponsored by the Board on the Unauthorized Practice of Law of the Ohio Supreme Court. 

James Beattie TN
Professor Jim Beattie will publish (co-authored with L. Rybaczyk, M.D. and C. Alvarez, M.D.) an articleon "Property Rights and Takings under Newborn Screening Statutes," forthcoming this summer in the American Journal of Law and Medicine.  

Scott Anderson
  Professor Scott Anderson responded to Stanley Fish (a prominent literary theorist and legal scholar) in “We Represent the Law Prof Guild”, Micro-Symposium: Stanley Fish and the Meaning of Academic Freedom, forthcoming in the Florida International University Law Review.  Professor Anderson challenges Fish’s description of academic freedom in law schools.  

How will the Supreme Court decision in U.S. v. Windsor impact Ohio? What other issues do alternative families face in Ohio?  Over 120 magistrates and judges from all over Ohio tuned in to listen to three Capital Law School faculty debate these timely issues. The webinar was sponsored by The Ohio Judicial College (part of the Ohio Supreme Court that provides educational programs for Ohio’s judiciary).  Professor Mark Strasserdiscussed the potential effects of U.S. v Windsor on family law issues in Ohio, including the implications for Ohio's Constitutional Amendment banning same-sex marriage.   Professor Rick Wood discussed the federal and Ohio tax implications of U.S. v Windsor in a talk entitled “Paternity, Custody and Child Support”; andAdjunct Professor Thomas Addesadiscussed child custody issues facing alternative families in Ohio.  

Terrence Wheeler

Professor Terrence Wheeler provided facilitation services for the Ohio Environmental Protection Agency and conducted mediation training for attorneys and community leaders through Capital’s Center for Dispute Resolution.  

Professor Terrence Wheeler also presented all across the Midwest on mediation topics (including for The Supreme Court of Ohio on theUniform Mediation Act”; for The Ohio State University John Glenn School of Public Affairs MAPS Program on “Mediation Skills;” and for the Association for Conflict Resolution’s Annual Conference).  He also served as a panelist for the Ohio State Bar Association’s webinar on “DOMA;” and for the Columbus Bar Association’s Employment Law  CLE titled: “Be My Cyber-Friend: The Effect of Social Media and Technology on Employment Litigation.”  

Stan Darling TN
 Professor Stan Darling published the 2013 supplement to his treatise, Klein & Darling on Ohio Civil Practice (the “go-to” treatise on civil procedure for lawyers in Ohio).