September 2015

Dan Kobil
Professor Dan Kobil was the guest speaker at the Columbus Bar Association professionalism committee meeting on September 23rd. His topic covered professionalism issues unique to prosecuting and defending claims under 42 U.S.C. §1983.

Dennis Hirsch TN
Professor Dennis Hirsch spoke to the Consumer Financial Protection Bureau (CFPB) Department of Enforcement at their offices in Washington, D.C on September 17th. His talk concerned big data, its potential impacts on privacy and discrimination, and how the law could foster big data’s many benefits while minimizing these negative impacts.

The talk was centered on Professor Hirsch's recent article, That’s Unfair! Or is it? Big Data, Discrimination and the FTC’s Unfairness Authority, 103 Kentucky Law Review 345 (2015). In the article, Professor Hirsch developed an original regulatory theory for how the Federal Trade Commission could use its “unfairness authority” to reduce big data’s privacy and discriminatory impacts. In his talk to the CFPB, Professor Hirsch explained how the CFPB could use its own “unfairness authority” to accomplish the same goal with respect to the financial institutions that it regulates.

Risa Dinitz Lazaroff
Professor Risa Lazaroff was nominated and subsequently invited to be a member of the Chief Justice Thomas J. Moyer Inn of Court Inn, part of The American Inns of Court Foundation, America’s oldest, largest and fastest growing legal mentoring organization. With members nationwide, the sole, nonpartisan mission of the American Inns of Court is to foster excellence in professionalism, ethics, civility, and legal skills. The Inns of Court utilizes a modified version of the traditional English model of legal apprenticeship by honoring the time honored English tradition and practice of “pupillage”—the sharing of wisdom, insight, and experience of seasoned judges and lawyers with newer practitioners. And, all members alike benefit from the opportunities to improve their advocacy and counseling skills and to develop a keener ethical awareness.

August 2015

César Cuauhtémoc García Hernández
Professor César Cuauhtémoc García Hernández has recently published a book, Crimmigration Law (ABA Publishing). Building off almost seven years of blogging about crimmigration law developments and publishing more than a dozen scholarly articles, Professor García Hernández has now written a book which is the first of its kind to map the doctrine that comprises crimmigration law. Part one of the book focuses on how criminal adjudications affect immigration proceedings while part two looks at the inverse: how status as a migrant is relevant in criminal proceedings. Finally, part three turns to special enforcement issues such as border policing and state-federal law enforcement cooperation.

Mark Brown TN
Professor Mark Brown was recently quoted in the CNN article "Trump 3rd party run would face 'sore loser' laws". The article discussed the possibility of Republican presidential hopeful Donald Trump running as a third-party candidate for president if he fails to win the Republican nomination. To do so he will have to overcome the "sore loser" law in some states. Such laws do not allow for a candidate to appear in a primary election under one party and then appear in the general election under a new party.

Professor Brown, who has argued legal cases for minor parties and independent candidates challenging sore loser laws, was asked his thoughts regarding the viability of Trump appearing on the November ballot; he said "when he was doing research for Johnson's Libertarian campaign in 2012, he found five states that were actively enforcing sore loser laws. including Michigan and Mississippi." However, he went on to say that while overcoming the sore loser law is an obstacle, "if you're well-financed, it's hard, no doubt, but people have done it. Ross Perot did, John Anderson did it, Gary Johnson came real close to doing it recently. I think Trump could do it." 

Melinda Molina
Professor Melinda S. Molina recently spoke at the Institute for Inclusion in the Legal Profession Symposia, Baker Botts LLP in Dallas, Texas and AT&T Corporate Headquarters in Austin, Texas. She discussed her essay on Fisher v. University of Texas and the ongoing vitality of the use of racial classifications “as a factor of a factor” in higher education admissions.

Professor Molina also discussed and highlighted her two studies on Latina lawyers: National Study on the Status of Latinas in the Legal Profession, Few and Far Between: the Reality of Latina Lawyers and La Voz de la Abogada Latina: Challenges and Rewards in Serving the Public Interest Sector at Kegler Brown Hill & Ritter in Columbus, Ohio.

July 2015

Mark Brown TN
Professor Mark Brown was quoted in The Akron Legal News regarding his views on a proposed amendment to the Ohio Constitution that would create a new format for redistricting state elections following the 2020 census. The amendment would allow for a group other than the state legislature to draw Congressional district lines. The proposed Ohio redistricting committee would be the governor, the state auditor, the secretary of state, individuals appointed by the speaker of the house, the president of the state senate and the senate leader of the other largest political party. The proposed amendment is being linked to the decision in the U.S. Supreme Court in Arizona State Legislature v. Arizona Independent Redistricting Commission case, where the court determined that Congressional district lines can be drawn by groups other than the state legislature. Professor Brown was asked his opinion on the case and the issue at hand, he said "the majority got it wrong" and went on to say that he maintains a distrust of independent redistricting committees due to their lack of accountability to the general electorate. However, Professor Brown can now see a time where "Ohio can put together some kind of independent commission like Arizona and California have."

May 2015

Dennis Hirsch
On Monday, May 18, the University of Washington Law School held a “virtual colloquium” that centered on Professor Dennis Hirsch's current work-in-progress, a paper titled, So Right, Yet So Wrong: Big Data, Discrimination and the FTC’s Unfairness Authority. The paper argues that the Federal Trade Commission could use its “unfairness” authority to distinguish between fair and unfair big data applications and so to set rules of the road for this significant, emerging area of the information economy. Following presentation of his paper, law professors from NYU, Georgetown, the University of Haifa (Israel), and the University of Washington, as well as the director of the Future of Privacy Forum, a leading Washington, D.C. privacy law think tank, participated via phone and Web video to discuss the article.

In addition, Professor Hirsch was a guest at the Microsoft “campus” in Redmond, WA, where he presented his ideas on the governance of big data to a group of Microsoft privacy lawyers.

Lance Tibbles
Professor Lance Tibbles has been appointed to the Ohio Department of Health Institutional Review Board as a member-at-large. Director of Health Richard Hodges said that as an expert in the field of law and ethics, Professor Tibbles’ membership on the ODH IRB will be highly valued.

The ODH IRB is a standing committee currently consisting of members from the Department of Health, the Department of Medicaid, the Department of Rehabilitation and Correction, and the Department of Public Safety. The IRB is tasked with protecting the rights of human research participants. Prior to initiation, all projects directly or indirectly involving state agencies in human subject research must be reviewed and approved by the ODH IRB. This applies regardless of the source of funding or location of the study.

The primary purpose of Institutional Review Boards (IRBs) is to assure, both in advance and by periodic review, that appropriate steps are taken to protect the rights and welfare of humans participating as subjects in research. An IRB is charged with balancing the risks and benefits of the research, ensuring an equitable selection of human subjects, obtaining valid informed consent of the human subjects, protection of subjects’ privacy and data confidentiality, and providing appropriate safeguards for vulnerable subject populations such as children, mentally disabled persons, economically or educationally disadvantaged persons, and prisoners.

Professor Tibbles currently is the longest serving member of the Capital University IRB. He previously served for 10 years on the Nationwide Children’s Hospital IRB and on the Yale University School of Arts and Sciences IRB.