News - Capital University Law School

November 2021

Beem, Shawn TN

Assistant Dean for Professional Development Shawn Beem was reappointed to a second four-year term as a member of the Columbus Bar Association’s Professional Ethics Committee. In this capacity, Dean Beem assists in investigating and prosecuting complaints of violations of the Ohio Rules of Professional Conduct. Reflecting on this significant responsibility, Dean Beem states, “It is an experience that adds to my knowledge of practice and allows me to bring back to the Law School important practice topics that we should address in and out of our classrooms.”


October 2021

Wondracek TN

Director of Law Library and Professor of Legal Research and Writing Jenny Wondracek published, “Facilitating Innovation in Academic and Law Firm Settings,” in Spectrum, a publication of the Association of Law Librarians. Her work, co-authored with Cynthia Brown appears on pages 16-19. 


Owen, Jason

Assistant Dean Jason Owen was recently appointed by the Chair of the Board of Trustees of the Law School Admission Council to its National Recruitment Work Group in recognition of his skills and talents with respect to law school admissions.


August 2021

Sabu, Arvind

Professor Arvind Sabu has published his latest article, “Realization’s Vexations: Taxing Cryptocurrency Hard Forks,” in the Spring 2021 issue of Jurimetrics, now available online.

The article argues that cryptocurrency hard forks should not be taxed based on the time of the fork, nor would they then be taxed under existing authorities.  Cryptocurrency hard forks represent innovative experimentation with changes to a cryptocurrency’s protocol in the rich modality of commons-based peer production.  The tax system should not stifle this experimentation and the growth of the cryptocurrency commons by taxing hard forks based on when they occur.  Furthermore, hard forks are unlikely to result in the realization of income under foundational Supreme Court authorities.  The IRS’s ruling on this issue does not alter this conclusion; it illustrates rather than resolves the vexing question of whether a hard fork results in the realization of income.


May 2021

Kobil, Dan

With news swirling about the possibility of U.S. Supreme Court Justice Stephen Breyer’s pending retirement, The Hill asked Capital University Law School Professor Dan Kobil to comment on the implications for the High Court.

“I’m sure Breyer realizes what a blow Justice Ginsburg’s non-retirement was to the possibility of ever having an even mildly progressive Court in our lifetime. And that describes Breyer – mildly progressive,” Kobil told the independent political news site. “So, I think he would not want to double down on what many view as her miscalculation.”

The article, “Court Watchers Buzz about Breyer’s Possible Retirement,” goes on to speculate on when Justice Breyer might announce his retirement. The move could give President Joe Biden an opportunity to nominate a more liberal judge to the Court while Democrats still hold a slight majority in the Senate.

The late Justice Ruth Bader Ginsburg had declined to retire thereby paving the way for former President Donald Trump to nominate his third justice following her death in September 2021. The Senate confirmed Justice Amy Coney Barrett shortly before Trump left office giving the court its current 6-3 conservative majority.


April 2021

Braxton TN

In a guest opinion column in the Columbus Dispatch, Assistant Dean for Student Affairs Marcelius Braxton discussed the recent police shooting of 16-year-old Ma'Khia Bryant and how our focus should be on how Ma'Khia’s death was influenced by race, gender, perceptions of dangerousness, and policing itself, not on seeking legal justification for the officer’s actions.


March 2021

Smith Brad TN

Professor Bradley A. Smith, the Josiah H. Blackmore II/Shirley M. Nault Professor of Law at Capital University Law School and founder of the Institute for Free Speech, has been a frequent commentator as Constitutional issues over the right to free speech have become rampant in recent months. Professor Smith has authored editorials and been sought out for his opinion on the subject, including the following articles:

  • In a Jan. 25, 2021, op-ed piece in the Washington Examiner that he co-authored with Institute for Free Speech President David Keating, the two scholars weighed in on the social media ban of former President Donald Trump and discussed free speech concerns even though, as they stated, the First Amendment does not apply to private corporations.
  • On Feb. 9, 2021, Professor Smith and eight other former FEC commissioners sent a letter to Congressional leaders critical of H.R. 1 and S. 1 – the For the People Act of 2021. In a blog post on the Institute for Free Speech website, it is noted that the commissioners oppose the act because it would “break the Federal Election Commission’s bipartisan structure, and in so doing, destroy its credibility.”
  • Professor Smith’s commentary, “House Dems’ Misguided Effort to Muzzle Conservative Media,” appeared Feb. 23, 2021, in RealClearPolitics, where he cautioned that a hearing planned by House Democrats to discuss “traditional media’s role in promoting disinformation and extremism” would be “a dangerous threat to American democracy and goes entirely against what the Founders intended when they made a free press Americans’ guaranteed First Amendment right in the Constitution.”
  • The Hill reported on Feb. 23, 2021 that Professor Smith called the House hearing “an attempt to control constitutionally protected speech.”
  • n a Feb. 24, 2021, NewsMax article, “Bradley Smith: Targeting Conservative Media a ‘Rank Abuse of Power,’” Professor Smith, a former Federal Election Commission chairman, called House Democrats’ efforts to suppress conservative media a “rank abuse of power.” Professor Smith said, “They do not have a right to censor the press.” The NewsMax article was shared on WBAP, a Texas radio station, and California station KMJ.
  • Politico reported in a February 24, 2021, article on Professor Smith’s comments regarding the House hearing.
  • Professor Smith also recently appeared as part of a three-part Apple Podcast series on “The Past, Present and Future of Presidential Elections,” sponsored by the National Constitution Center in Philadelphia.

Braxton TN

Assistant Dean for Students Affairs, Marcelius Braxton, has presented at numerous events across the globe discussing the most important issues of race, DEI, anti-racism, and history. Here are a few examples:

  • “Sacred Encounters: Understanding Whiteness, Anti-Blackness, and Intent/Impact” (Providence High School)
  • “Anti-Racism: How to Intervene for Yourself and Others” (Westmoreland County Community College; Furman University; University of Wisconsin School of Law)
  • “Race, Ethnicity, and Inclusion” (Seedlings UK)
  • “Diversity, Inclusion, Equity, and Anti-Racism” (The Ohio State University First Education Experience Program)
  • “The Return of the Black Wall Street” (UMass Amherst)
  • “Engaging in Anti-Racist Work” (Elizabethtown College)
  • “Black History and What It Means for Us” (Alfred State College)
  • “Why Systemic Discrimination and Inequity Require Us to Rethink the Role of Intent and Impact in our Policies and Laws” (North Carolina Bar Association: Little Bit of Old, A Little Bit of New 2021, Administrative Law Section Program -  March 26, 2021)

February 2021

Halle Hara TN

Professor Halle Hara was recently appointed by the Supreme Court of Ohio to its Commission on Professionalism for a term ending December 31, 2023. The purpose of the Supreme Court Commission on Professionalism is to promote professionalism among attorneys admitted to practice law in Ohio, devoting its attention to the law as a profession and to maintaining the highest standards of integrity and honor among members of the profession. The Commission is composed of five judges, six lawyers, two law school administrators or faculty and two non-lawyers. For more information about the Commissioner’s work, vist this website: https://www.supremecourt.ohio.gov/Boards/CP/about.asp.


January 2021

Braxton TN

Assistant Dean of Students Marcelius Braxton in a Columbus Dispatch guest column titled, “Police reform isn't enough when people see Blacks as dangerous,” addressed why police perceive black individuals as more dangerous than whites. He looks at the issue through the recent examples of disproportionate police response to protests such as the summer 2020 BLM protests and the January 6 insurrection on the U.S. Capitol. The article also features a podcast, “In Black and White: Why Do So Many Whites See Blacks as Dangerous?” a discussion with Assistant Dean Braxton, Dr. Terrance Dean, and Scot Kirk, host of "The Other Side" podcast.


Wondracek TN

Director of the Law Library and Professor of Legal Research & Writing Jennifer Wondracek was selected for inclusion in the ABA Legal Technology Resource Center distinguished Women in Legal Tech list for 2021.  Director Wondracek was one of only 12 honorees selected, from nearly 200 who were nominated, for this annual honor acknowledging “women who are standing out in the legal tech field.”


December 2020

Kobil, Dan

Dan Kobil was featured today on NPR’s “Here and Now” discussing the presidential pardon power.  Can we put this on the slider as something really simple with a link to the podcast?  It could say: Professor Dan Kobil, a nationally recognized expert on executive clemency (which is the authority of a governor or president to forgive people accused of crimes), was featured on NPR’s “Here and Now” on December 1 discussing whether President Trump can pardon himself.  Listen here.