April 2014

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

Fenner Stewart TN
Professor Fenner Stewart has published, The Economizing Corporation and its Place in Wilderness of New Governance, Indiana Journal of Global Legal Issues, Maurer School of Law, for Spring/Summer 2014 Issue of Volume 21.

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.

Angela Upchurch TN
Professor Angela Upchurch will present, "Engaging Students through Active Learning" on February 18, at Loyola. The presentation will cover using active learning techniques in large doctrinal courses to promote better student learning.

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.

Angela Upchurch TN
Professor Angela Upchurch was recently appointed to the AALS Teaching Section Executive Committee.

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: http://digitalcommons.pepperdine.edu/plr/vol39/iss5/12.)

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 Familytaxlaw.com. 

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). 

Angela Upchurch TN
Professor Angela Upchurch addressed fellow educators at the Institute for Law Teaching and Learning, Summer 2013 conference, and her resulting piece “Flipping the Law School Classroom,” was published in The Law Teacher, Fall 2013. Find it at p. 58. It was ranked in the most recent top ten downloads for SRRN teaching and education articles.

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).

Fenner Stewart TN
Professor Fenner Stewart successfully defended his Ph.D. in Law at OSGOODE HALL LAW SCHOOL, Toronto, Canada on December 2, 2013. He was also nominated for the Merit Award (Best PhD York University, Toronto Canada).

July 2013

Floyd Weatherspoon and Roger Abrams
July 28, 2013, Capital Law School and the National Bar Association (NBA) sponsored a training seminar entitled: "How To Become a Sports Arbitrator: Developing a Pathway to Opportunities" in Miami at the NBA National conference. More that forty African American attorneys attended the day long training program. This program was part of Capital Law School's Minority ADR Initiative to increase the number of minorities in the field of ADR. The keynote speaker was Roger Abrams, the Richardson Professor of Law at Northeastern University Law School. Professor Abrams is considered one of the leading arbitrators in the field of baseball arbitration. Also pictured with Professor Abrams is Floyd Weatherspoon, Associate Dean for Dispute Resolution and Professor of Law at Capital Law School. Other speakers included, Derek Jackson, VP and General Counsel for the Miami Marlins; Arthur J. McAfee III , Former Staff Counsel at the National Football League Players Association; Joe D. Briggs, Public Policy Counsel, NFL Players Association; Lawrence Saichek, Arbitrator; Dr.Rebecca, Storrow, Vice President, American Arbitration Association; Michelle Tanzer, Arbitrator, Holland & Knight; Robert L.Wallace, Arbitrator, Thompson Coburn, LLP; and Claire Zovko, Michael L. Buckner Law Firm .

June 2013

Floyd Weatherspoon
Professor Floyd Weatherspoon's article "Incorporating Mandatory Arbitration Employment Clauses into Collective Bargaining Agreements, Challenges and Benefits to the Employer and Union” has been accepted for publication in the Delaware Journal of Corporate Law. It will appear in volume 38.3 (2014.

May 2013

Jack Guttenberg TN
Professor Jack Guttenberg has been elected President of the Board of Directors of the Ohio Affiliate of the American Civil Liberties Union (ACLU).

César Cuauhtémoc García Hernández

Professor César Cuauhtémoc García Hernández was interviewed for the May 6 Fronteras article "Some Arizona Immigrants May Not Be Eligible for Immigration Reform" by Jude Joffe-Block. Read or listen to the article. 

García Hernández was also quoted in the May 7 article by Martin Michaels, "Despite Drops in Immigration and Violence, Congress Ups Border Security".

April 2013

César Cuauhtémoc García Hernández

Professor César Cuauhtémoc García Hernández was interviewed on Politics Tonight, a Chicago political talk show on April 22. The topic was the immigration legislation recently introduced in the Senate. Additionally, García Hernández was mentioned in the April 25 "Thursday round-up" of the SCOTUSblog for his discussion of the decision in Moncrieffe v. Holder on his crImmigration blog.

Also, García Hernández's article "The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness" was named "Immigration Article of the Day" for April 28 by Kevin R. Johnson, dean and professor of law and Chicana/o studies and Mabie-Apallas public interest law chair at the University of California, Davis, School of Law. More.

Melinda Molina
Professor Melinda Molina will present work-in-progress, "The Re-education of Barack Obama", at the Midwest People of Color Legal Scholarship Conference hosted by Loyola University Chicago School of Law (April 2013).

Also, Molina will present "Boricua Certificado: Law 191 Decertifying Citizenship" at The South-North Exchange on Theory, Culture and Law LatCrit South-North Exchange hosted by Facultad de derecho de la Universidad Interamericana de Puerto Rico (May 2013)

Molina is organizing and planning a Mentoring Academy in collaboration with Columbus Bar Association’s Managing Partners Diversity Initiative. The Mentoring Academy which will consist of two workshop sessions that will present key strategies to build the foundation for successful mentoring relationships for both mentees and mentors. These workshops will take place in Fall 2013.

Floyd Weatherspoon

An Endowed Scholarship Fund at North Carolina A&T has been created in honor of Capital University Law School Professor Floyd Weatherspoon. Scholarships from the Floyd D. Weatherspoon Endowed fund will be awarded to deserving NC A&T students based on criteria including attendance at a High Point, NC, high school, familiarity of the African-American male culture or experience, maintaining a minimum GPA and a 500-word essay. Weatherspoon, a native of High Point NC, received a Bachelor of Science Degree, cum laude, from NC A&T State University and a JD from Howard University Law School. More. 

Also, Weatherspoon presented "The Good, the Bad and the in Between of Mandatory Employment Arbitration" at the April 12 meeting of the Columbus Bar Association's ADR committee.

Brad Smith

Professor Brad Smith was named the 2013-14 Visiting Judge John T. Copenhaver Chair of Law at West Virginia University, and will spend next year at West Virginia University College of Law. The one-year visiting chair is awarded annually to a scholar with  “a national or international reputation in their field of expertise.” Smith is one of the nation’s leading experts in Election Law and Campaign Finance.

Smith has posted a trio of forthcoming articles on the Social Science Research Network: Separation of Campaign and State, 82 George Washington Law Review (forthcoming 2013); Disclosure in a Post-Citizens United Real World, 6 St. Thomas Journal of Law & Policy (forthcoming 2013), and The Non-Expert Agency: Using the SEC to Regulate Partisan Politics, 3 Harvard Business Law Review (forthcoming, 2013).

Smith also published a pair of book reviews for the Library of Law and Liberty: Campaign Finance Merry-Go-Round, reviewing "Curbing Campaign Cash: Henry Ford, Truman Newberry, and the Politics of Progressive Reform by Paula Baker; and Accelerating Freedom, reviewing "Accelerating Democracy: Transforming Governance Through Technology," by John O. McGinnis.

He published an op-ed in the Wall Street Journal on February 15, A Supreme Opportunity to Build on Citizens United.

Recent speaking appearances for Smith include the University of Maine School of Law Federalist Society on April 10, on the topic "One Person - One Vote: Does it Mean What we Think it Means?"; and The Ohio State University Department of Economics Free Enterprise Lecture Series, on "The Economics of Campaign Finance Reform," on April 2.

On April 9 Smith testified before the Subcommittee on Crime and Terrorism of the U.S. Senate, at a hearing on "Current Issues in Campaign Finance Law Enforcement."

Smith was interviewed in March on Republicans Abroad Radio, NRA Radio, National Public Radio, and a number of local radio programs around the country. He also appeared on HuffPost live TV on February 24.

Smith continues to be a regular source for media writing on campaign finance and political law, and administrative law. Recent publications quoting Smith include the Philadelphia Inquirer, Tampa Bay Times, Richmond Times-Dispatch, The Columbus Dispatch, the BNA Money and Politics Reporter, and Bloomberg News.

Michael Distelhorst
Professor Mike Distelhorst has been reappointed by the Ohio Supreme Court to a new term as a member of the Court’s Professionalism Commission.  He will also continue to serve as the Chair of the Commission’s Law School Committee.

Matthew L. Schrader TN
Adjunct Professor Matthew Schrader was elected president of Central Ohio Chapter of Claims and Litigation Management Alliance (CLM). Professor Schrader also serves as coach of and advisor to Capital University Law School's Mock Trial Team.

Dennis Hirsch
April 1, Professor Dennis Hirsch presented his research on Dutch privacy law at George Washington University Law School’s International and Comparative Law Colloquium.