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Cleveland State University 2121 Euclid Avenue LB138 Cleveland, Ohio 44115

BOOK 2012

Thank you.


Dean’s Message.............................................................................................................. 2 Career Planning.............................................................................................................. 4 Law School Remix.......................................................................................................... 6 Engagement Opportunities........................................................................................ 8 The Cleveland State Law Review..............................................................................10 The Journal of Law and Health...................................................................................11 The Global Business Law Review..............................................................................12 Moot Court Competition.............................................................................................13 Pro Bono.........................................................................................................................16 Outreach.........................................................................................................................17 Named Professorships.................................................................................................18 Transformative Dialogues.........................................................................................20 Faculty on Paper.......................................................................................................... 22 Faculty Influence..........................................................................................................24 Great Lakes Sports and Entertainment Law Academy........................................26 Commencement........................................................................................................... 27 The 140 Plan..................................................................................................................28

Dean and Professor of Law Craig M. Boise One of the unexpected pleasures of being Dean at C|M|LAW is that most days I can catch a glimpse of Lake Erie from my office window. For years, sailing has been a favorite hobby, and being close to our own Great Lake is inspiring. One day this spring I drove to work along the lake as strong winds from the north whipped across the water, sending spray across the highway. I have sailed on Lake Erie in such conditions, and the challenge of adapting to the weather and working with the environment is for me a big part of the thrill of sailing. As I enter my second year as Dean of C|M|LAW , the waters in the legal world are turbulent and rough weather threatens. As Dean, my job is to navigate C|M|LAW through these conditions and ensure that we are able to continue to provide aspiring lawyers the opportunity to pursue their dreams. In response to a bleak legal job market that has produced a substantial decline in law school applications, we’ve adopted the “140 Plan,” which will reshape C|M|LAW as a smaller, more nimble law school that can quickly adapt to prepare our students for the evolving legal job market of the future. Beginning this fall, our target entering class size will be 140 students, down from the 200-student target of the last few years. We have focused renewed resources and innovation on preparing our graduates to succeed on the bar exam, including provision of the BARBRI prep course at no cost to every C|MLAW graduate beginning with this fall’s entering class. I’ve been working with the clinical faculty to redesign our legal clinics so that students gain the practical experience they will need—across a wide range of practice areas—to compete effectively for employment opportunities. And we are planning for the introduction of a new “solo practice incubator” that will offer our graduates the opportunity to establish their own legal practices in office space provided by C|M|LAW, with advice and mentoring from practicing lawyers affiliated with the Cleveland Metropolitan Bar Association. As we move forward, we build on many existing strengths. We place more of our graduates in full-time, JD-required jobs than any other public law school in Ohio. Ninety-two percent of our graduates who took the February bar exam passed—giving C|M|LAW the highest bar passage rate of any law school in the state of Ohio. This spring’s inaugural Great Lakes Sports and Entertainment Law Academy was a tremendous success, as over fifty students gained valuable practical training in the legal issues that confront practitioners representing artists, athletes, and sports and entertainment organizations and venues. Our faculty members continue to be influential: they were quoted this year in major national media including the New York Times, Los Angeles Times and the Wall Street Journal; they wrote law review articles, book chapters and books; and two of them were awarded Fulbright scholarships. We are not yet out of the storm, but we have trimmed our sails and charted a course that will make us an even better institution for our students. We believe that we will continue to make you—our alumni and friends—proud of your association with C|M|LAW.

“Our motivation going forward is continuous improvement in everything we do.”


92% C|M|LAW led all Ohio law schools in bar

passage rates for first time takers of the February bar.

career planning The C|M|LAW Solo and Small Firm Task Force was created to support the growing number of C|M|LAW graduates who go into solo and small firm practice. The alumni-based task force assists graduates in getting their practices started by providing mentoring, counseling and relevant programming.

Tom Haren ’11 Solo/small firm task force member: “Innovation is the name of the game in today’s changing legal marketplace, and I was thrilled to see my alma mater begin reaching out to a new generation of legal entrepreneurs. Safe and secure jobs don’t exist anymore, if they ever did. Fortunately, entrepreneurship has become more attractive than ever. A new generation of lawyers will lead our industry into the 21st century­—a century that, thanks to the work that the Task Force has begun, will be shaped by C|M|LAW grads. I became involved in the Task Force because I was one of those students exploring the option of solo


practice prior to graduation. After getting licensed, I took the plunge into solo practice and couldn’t be happier. I wanted to be part of the Task Force to tell our students that opening a practice after graduation can be done, and can be done well. There is a myth out there that grads only open a practice because they can’t find a job at a big firm. With the help of the Task Force, my goal is to dispel that myth and prove that entrepreneurship is one of the best ways to a successful, exciting career while achieving a sense of work/life balance that frankly isn’t available to many in our profession. The Task Force has sponsored presentations in the areas of criminal, consumer, family, estate planning, and bankruptcy law. It has given presentations about getting a practice off the ground, and then developing it into a sustainable business model. In addition, C|M|LAW is planning to open a law firm incubator, which will provide a wealth of resources to new solos. This is an exciting time to be a student at, and alumnus of, C|M|LAW.”

C|M|LAW leads all Ohio public law schools in the percentage of graduates working full time in jobs requiring a JD. * Based on the most recent law school data comparisons.

The “Moneyball” Hiring Partners Conference challenged the traditional hiring model and assumptions about the attributes that make a successful lawyer. Bill Henderson—an expert in qualitative analysis, legal labor markets, and law firm recruiting, along with panelists from small, medium and large law firms, explored a statistically driven approach to legal recruiting that identifies key attributes that correlate with job performance.

Assistant Directors of Career Planning joined C|M|LAW in the summer of 2011


Francie Fields

Kristen Rutter

Prior to her arrival at C|M|LAW, Francie worked at Case Western Reserve University School of Law in the Career Services Office as the Director of Employer Outreach.

Before joining C|M|LAW, Kristen served as an Assistant Director of Career Services at The John Marshall Law School in Chicago.

Law school


Remix C|M|LAW is remixing legal education by blending externships and legal clinics, which will increase the number and variety of opportunities for students to develop the practical skills that will make them effective lawyers and advocates. Legal Education: C|M|LAW’s academic program is rigorous and innovative. It provides the foundational knowledge that students will apply in engagement experiences: practice-oriented, experiential learning opportunities within a variety of legal specialties.

Externships: C|M|LAW’s externships are structured differently from other law schools as most of the student’s time is required to be working in the field, and not back in the classroom learning about working. Existing externships, which are supervised by practicing attorneys, or “supervising attorneys,” will be overseen by clinical professors, infusing the work experiences with the pedagogical rigor associated with traditional clinics.

Clinics: Adjunct faculty—practitioners from the legal community—will work with clinical professors to create clinics that are academically rigorous and provide chances for students to work with actual clients who have real world legal issues.

Engagement Experiences: “Cleveland-Marshall’s clinics and externships expose law students to a variety of professional experiences, which help them become creative problem solvers. Students who learn in context through engagement transition to employment more successfully.” - Carole O. Heyward, Clinical Professor

The C|M|LAW faculty is committed to strengthening the curriculum and expanding teaching strategies to prepare students to practice law in the 21st century. The new “engagement experience” model for clinical and practical legal education will ensure that every graduate of C|M|LAW had the opportunity to develop practical skills that will be useful after graduation. The new model will permit students to choose from an expanded variety of experiential learning opportunities, including sports and entertainment law, estates and trusts, intellectual property, criminal defense, criminal prosecution, real estate law and corporate and transactional law. Within each engagement experience students have an opportunity to develop skills in communication, problem-solving, negotiation, persuasion, and client interviews and interaction.


Students at Work “I was able to extern in the Chambers of a Federal Judge — an experience that has proven to be not only impressive to employers and personally rewarding, but also an affirmation of the skills C|M|LAW is teaching.” Jeffrey Panehal ’13

“The legal intern certificate, issued by the Supreme Court of Ohio, allowed me to represent the State of Ohio in juvenile prosecutions under the supervision of practicing attorneys. With my certificate, I felt like more than an extern. I felt like I was part of the team.” Michael Barth ’12


Danielle Doza

“A lot of people who need help can’t afford it. I would like to combat the justice gap in Cleveland. ”

Firsthand knowledge As an extern for Nueva Luz Urban Resource Center, an organization that addresses the root causes of poverty and health inequities in Cuyahoga and Lorain counties, Doza assisted HIV/AIDS case management services by helping them add a legal component to case management. She gained practical experience, but for Doza, the most valuable lesson came from just being there. “I got to see the problems firsthand, I got to worked directly with clients in poverty, who had mental health issues, who had language barriers – I came to understand their needs. Now, I’d like to carry the pro bono practice forward to address the needs of the larger population.” Doza also worked with the Cleveland Metropolitan Bar Association to encourage attorneys to offer pro bono services in order to close the justice gap. The 2012 recipient of the C|M|LAW Learn Law. Live Justice. Award, Doza plans to carry her work to Central America this summer after taking the July bar exam. Through the Anti-homophobia Legal Clinic El Salvador, associated with Asociación Entre Amigos (AEA) in San Salvador, she will join attorney-volunteers for 10 weeks, serving HIV positive and LGBT citizens, working to educate the judicial offices on the discrimination faced by these populations and assist in writing legislation to address these inequalities.


The Cleveland State Law Review The Cleveland State Law Review, founded as the ClevelandMarshall Law Review in 1952, is currently celebrating its 60th Anniversary. Each academic year, the Law Review publishes four issues featuring the work of scholars, judges and practitioners on topics of both national and local significance. Law Review members endeavor to publish a scholarly legal journal of the highest quality and promote academic achievement in the Cleveland-Marshall College of Law community. The Law Review continued to focus on its ascent in the Law Review Rankings, which are administered by Washington & Lee University School of Law’s annual Law Journal Rankings. The Law Review published articles written by prominent national authors such as David T. Hardy, Senior Attorney with the National Rifle Association, who wrote an article highlighting the NRA’s Annual Spring Meeting & Exhibit as well as Patrick J. Charles who authored a Second Amendment piece concerning an issue currently on appeal before the U.S. Court of Appeals for the 7th Circuit. In addition to being a quality publication, the Law Review is a generous one, and strengthened its connection with the community by raising money for a local charity, the Center for Families and Children Success Partners.

LawReview Journal Awards: The Cleveland State Law Review Associate of the Year: Katie Spidalieri Manging Editor of the Year: Brandon Cox Executive Editor of the Year: Steven Larson Editor of the Year: Jillian Henzler 10

The Journal of Law and Health, founded in 1984, provides a forum for discussing issues important to both law and medicine. It is one of the few publications that focuses on the complex and diverse field of healthcare law. Articles are drawn from all disciplines that offer a perspective on the legal aspects of medicine and health sciences. This pandisciplinary format allows flexibility in both the type and length of articles published. In the past year, The Journal of Law and Health expanded its online availability to HeinOnline, PubMed, and ProQuest, and published two Issues containing original articles sharing insights on health law and medicine. The Journal of Law and Health also hosted two successful Continuing Legal Education events, each with over 200 attendees. The Journal of Law and Health hosted a broad range of speakers for a symposium to educate the legal community about cyberbullying’s negative effects on adolescent mental health and to discuss the need for cyberbullying legislation. The Journal of Law and Health also presented a speaker event to educate the legal, medical, and public health community about Munchausen’s Syndrome by Proxy (Medical Child Abuse).

Journal Awards: The Journal of Law and Health Barbara J. Tyler Award for Best Note of the Year and Associate of the Year Award: Sasha Swoveland Outstanding Editors: Tiffany Allison and Meghan Connolly Outstanding Associate: Sasha Swoveland



The Journal of Law and Health


The Global Business Law Review The Global Business Law Review provides an innovative platform for scholars and practitioners to explore novel and transformational issues in the field of international business law. The Global Business Law Review publishes volumes in the fall and the spring, and each year, it sponsors a symposium that addresses the most significant legal issues in international business. In the 2011-2012 academic year The Global Business Law Review was accepted by Westlaw and HeinOnline; established an online complement, “In the Balance�; created a new brand and design for the publication; adopted a family for the holidays; held its largest fundraiser to date; hosted a well attended social for first-year students; sponsored a speaker at a Greater Cleveland International Lawyers Group meeting; and had an offer acceptance rate of over 60% from authors submitting articles for the next issue. Additionally, The Global Business Law Review hosted its 3rd annual symposium: Navigating Anti-Bribery Legislation: Remaining Compliant and Competitive in the Global Marketplace. This symposium featured leading intellectuals discussing anti-bribery legislation.

Journal Awards: The Global Business Law Review Legacy Award for Editor of the Year: Scott Sivley / Best Note: Erik Dickinson


Moot Court Competition Moot Court Night 2012 with judges Hon. Maureen O’Connor ‘80, Chief Justice, Supreme Court of Ohio; Hon. Benita Pearson ‘95, U.S. District Court, Northern District of Ohio; and Hon. Dan Aaron Polster, U.S. District Court, Northern District of Ohio.

The Cleveland-Marshall Moot Court program had another strong season in the 2011-2012 academic year. Under new faculty advisors Professors Carolyn Broering-Jacobs and Kelly K. Curtis, teams of two and three students showcased their appellate advocacy skills in prominent competitions against law schools from around the nation. The team of Jon Decker, David Fiffick, and Mary Santez, coached by Jones Day, placed second in the regional National Moot Court Competition. Mary Santez was named the region’s best advocate. This team also received the award for second place brief, and advanced to the finals, representing ClevelandMarshall among only twenty-four schools. The team of Kelly Albin, Daniel Birnbaum, and Ryan Winkler, coached by Baker Hostetler, also advanced to the semi-finals of the regional National Moot Court Competition, receiving the award for third place brief. At the American Bar Association National Appellate Advocacy Championship, the team of Danielle Doza, John Garswood, and Matt Hebebrand, coached by Tucker Ellis, advanced to the regional finals in Washington D.C.’s super regional. Competing against teams from forty schools from across the country, Danielle, Jack, and Matt were awarded second place for their brief.

Frederick Douglass Moot Court Competition The team of Brandon Cox and Theophilus Hudson finished as the second runner-up team at the 2012 Midwest Regional Frederick Douglass Moot Court Competition. This victory allowed them to represent the Midwest at the National Competition where Brandon Cox won Best Oral Advocate.


Learn Law.

Live Justice.

Pro Bono Program Students from Cleveland-Marshall College of Law contributed over

11,000 volunteer hours through the Pro Bono Program during the 2011–2012 academic year

STUDENTS conducted intake for low-income clients at weekly Legal Aid Free Advice Clinics in Cleveland neighborhoods served as legal advisors to high school teams in the annual City of Cleveland “Mock Trial Competition” taught the U.S. Constitution in area social studies classes as part of the Cleveland Metropolitan Bar Association’s 3Rs Program were matched with 5th graders from George Washington Carver Elementary School through the Big Buddies/Little Buddies Mentor Program and participated in weekly activities helped county residents to regain their driver’s licenses through the Driver’s License Reinstatement Initiative prepared and filed taxes for low-income workers through the Cuyahoga County Earned Income Tax Credit Coalition, after being certified by the IRS

2L Amy Assef and a Community Health Advocacy Law Clinic client embrace outside an area courthouse.



C|M|LAW serves as a focal point of community legal education by hosting special events and traveling exhibits.


In conjunction with Kol HaLev, C|M|LAW hosted “The People versus King David, A Trial and Panel Discussion”, in which law professors, judges and attorneys presided over the trial of King David. Following the trial, a panel of prominent Cleveland religious leaders reflected on the moral and ethical dimensions of the case.

The C|M|LAW Library was pleased to host the traveling exhibition “Lincoln: The Constitution and the Civil War”, an examination of how President Lincoln used the Constitution to confront three intertwined crises of the Civil War - the secession of Southern states, slavery, and wartime civil liberties.

In partnership with The Cleveland Metropolitan Bar Association, C|M|LAW hosted “Lawyers Without Rights,” an exhibit produced by the German Federal Bar and shown for the first time in Ohio. “Lawyers Without Rights” told a series of stories about the Nazi treatment of a huge percentage of German lawyers – those who were Jewish.

New Appointments to Professorships What she’s written recently Three Lies and A Truth: Adjudicating Maternity in Surrogacy Custody Disputes, 49 U. of Louisville L. Rev. 373 (2011). The Law of Trusts: Cases, Problems, and Notes (CALI, June 2012) Papa’s Baby: Paternity and Artificial Insemination (NYU press, July 2012) Due Date: Regulating Surrogacy Contract Breaches, 87 St. John’s L. Rev. (forthcoming Fall 2012) The Law of Trusts (E-Book), (CALI eLangdell, forthcoming Fall 2012) How she serves Coaches the Frederick Douglass Moot Court Team Advises the Black Law Students Association Advises the Journal of Law and Health Why she stands out Professor Lewis has published widely in the areas of environmental, family and reproductive law. In addition to her teaching and research, Professor Lewis serves as the first director of the Center for Health Law and Policy at C|M|LAW. Under her leadership, the Center, created in 2009, has developed a leading edge curriculum that infuses real-world experience into the study of law. Because Health Care Law is constantly changing, the Center promotes the presence of practicing health law professionals in the classroom—and into the students’ budding professional networks. This fall the center will begin offering a certificate in Health Care Compliance, one of only five compliance programs in the country. Professor Lewis regularly invites thought leaders and community organizations to campus to present and give input on topics making healthcare news, and provide foresight about topics that soon will have impact. This summer, Professor Lewis is a visiting researcher at the Brocher Foundation in Geneva, Switzerland. Health Law is one of the fastest growing areas of law in Cleveland and the country, and Professor Lewis is poised to keep C|M|LAW a major player.

Browne C. Lewis

The Leon M. and Gloria Plevin Professor of Law Where she studied B.A., Grambling State University J.D., University of Minnesota School of Law LL.M., University of Houston School of Law M.P.A., Hubert H. Humphrey Institute of Public Affairs

Lewis and Sagers join Professor Patricia J. Falk, the Charles R. Emrick, Jr. - Calfee, Halter & Griswold Professor of Law, and Professor Lolita Buckner Inniss, the Joseph C. Hostetler-Baker & Hostetler Chair in Law as C|M|LAW Distinguished Professors.


What he’s written recently Standardization and Markets: Just Exactly Who is the Government, and Why Should Antitrust Care? 89 Or. L. Rev. (2011) Why Copperweld Was Actually Kind of Dumb: Sound, Fury, and the Once and Still Missing Antitrust Theory of the Firm? 17 Vill. Sports & Ent. L.J. (2011) Amicus Brief, Federal Trade Commission and State of Minnesota v. Lundbeck, Inc. Nos. 10-3548 and 10-3549 (Brief of Amicus Curiae American Antitrust Institute in support of Appellants and Reversal of the District Court’s Decision) United States Court of Appeals for the Eighth District (2011) Examples & Explanations: Antitrust (2011) (Wolters-Kluwer/Aspen Publishing) Much Ado About Possibly Pretty Little: McCarran-Ferguson Repeal in the Health Reform Effort, 28 Yale L. & Pol’y Rev. 325 (2010) Understanding the Recurrent Crisis in Legal Romanticism: Two Criteria for Coherent Doubt, 2 Wash. U. Jurisprudence Rev. 1 (2010) How he serves Advises the Cleveland State Law Review Advises students in the JD/MBA joint degree program Serves as the faculty advisor to the Delta Theta Phi Fraternity, the Democratic Law Organization, and the Business Law Organization Why he stands out

Christopher L. Sagers

The James A. Thomas Distinguished Professor of Law Where he studied B.A., University of Iowa M.P.P., University of Michigan J.D., University of Michigan


Professor Sagers has established himself as a preeminent scholar in the areas of business law and antitrust through his published materials, testimony before the U.S. House of Representatives and his pro bono work on behalf of the American Antitrust Institute, of which he serves as a Senior Fellow. Professor Sagers’ expertise is widely recognized and he has been quoted in Los Angeles Times and The Wall Street Journal regarding antitrust issues. Professor Sagers is also active in issues involving judicial vacancies and was one of 95 community leaders from 27 states called to the White House for a summit on the looming judicial vacancy crisis. Continuing with this work, Professor Sagers has been instrumental in developing the program “Crisis in the Courts: The New White House Push on Judicial Confirmations and the Vacancy Rate’s Impact on Justice,” which addressed the impacts of judicial vacancies and the current state of litigation and process in the federal courts.

Education and discussions that move the legal profession forward—C|M|LAW’s spring and fall speaker series brings to the school an international slate of thought leaders, scholars, and professionals involved in issues that transform the law. By raising hard questions about the issues facing our profession, we illuminate a way forward, making not only our society, but also the world, a more just place.

You can view videos of all Transformative Dialogue programs at:


Transformative D Fall 2011

Employment and Labor Law Lecture: “Ohio Senate Bill 5: What it will mean for public employees and employers in Ohio - if it survives the upcoming referendum vote”

Criminal Justice Forum: “Constitution Day: Mapp v. Ohio”

Former South African Supreme Court Justice Richard J. Goldstone: “Establishing a New Constitutional Court for South Africa: Adapting the Common Law to Reflect a Democratic Criminal Justice System” (Criminal Justice Forum)


Joseph C. Hostetler Baker & Hostetler Visiting Scholar: Torts expert Michael D. Green: “Deforming Tort Law: The Role of the American Jury”

Michael Ratner, President of the Center for Constitutional Rights: “Running Scared: Eviscerating Rights in a Post 9/11 World” (Friedman & Gilbert Criminal Justice Forum) The Hon. Marsha K. Ternus, former Chief Justice, Iowa Supreme Court, unseated by voters after a controversial ruling: “The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights”

Crime and public Policy expert Mark A. R. Kleiman: “How to Reduce Crime by Releasing Prisoners” (Criminal Justice Forum)

e Dialogues Spring 2012

Joseph C. HostetlerBaker & Hostetler Visiting Scholar: Philip Hamburger: “Censorship and Death”

Deborah L. Brake: “Working Hard, Hardly Working: How Misinterpretations of the Pregnancy Discrimination Act Have Undermined its Effectiveness” (Littler Mendelson Employment and Labor Law Lecture)

The Center for Health Law & Policy: “More Than a Tummy-Ache: Regulating, Preventing and Litigating Foodborne Illness Cases”

Mr. Dean spent the day at C|M|LAW, engaging students and faculty in discussions about legal ethics before his evening CLE program.


Entertainment and Sports Law Association 2nd Annual Symposium Co-Sponsored by the Great Lakes Sports and Entertainment Law Academy: “Cleveland and the Three Major Leagues: How the Recently Agreed NFL, NBA and MLB Collective Bargaining Agreements Will Help (or Hurt) Our Hometown Teams Win a Championship”

John W. Dean, Nixon White House Counsel: “Watergate at 40: John Dean and the Ethics of Lawyers”

“Urban Agriculture: It’s Not an Oxymoron. Policies for Cultivating City Land and Increasing Access to Local Food” A symposium on policy, land-use and other legal issues connected to urban agriculture and the local food movement.

“When the President Wants You Dead: U.S. Citizens, Drone Strikes, Terrorism and the Law”

Faculty on PAPER Books and Monographs

Gwendolyn R. Majette

Michael H. Davis Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell (5th ed., West Group 2012) (with A. Miller) Dennis Keating Housing and Community Development: Cases and Materials (4th ed., Carolina Academic Press 2011) (with C. E. Daye, et al.) Karin Mika Guide to Legal Writing style (Austin: Wolters Kluwer Law & Business 2011) (with T. LeClercq) Mark J. Sundahl A New Working Bibliography of Ancient Greek Law, (Athens: Academy of Athens 2011) (with D. Mirhady and I. Arnaoutoglou)

Articles and Essays

Kristina Niedringhaus Ethics Considerations Related to Legal Research Practices: A Selective Annotated Bibliography in Legal Reference Services Quarterly. Brian Ray Demosprudence in Comparative Perspective, 47 Stanford Journal of International Law 111 (2011) Heidi Gorovitz Robertson Public Access to Private Land for Walking: Environmental and Individual Responsibility as Rationale for Limiting the Right to Exclude, 23 Georgetown International Environmental Law Review 211 (2011) Alan C. Weinstein The Association of Adult Businesses with Secondary Effects: Legal Doctrine, Social Theory, and Empirical Evidence, 29 Cardozo Arts & Entertainment Law Journal 565 (2012) (with R. McCleary)

David F. Forte May It Please The Court, 11 Claremont Review of Books no. 4 (2011) at 50

Jonathan P. Witmer-Rich Interrogation and the Roberts Court, 63 Florida Law Review 1189 (2011)

Matthew W. Green Family, Cubicle Mate and Everyone in Between: A Novel Approach to Protecting Employees from Third-Party Retaliation under Title VII and Kindred Statutes in the Quinnipiac Law Review

It’s Good to be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law, 5 Criminal Law and Philosophy (2011)

Lolita Buckner Inniss Bridging the Great Divide: A Response to Linda Greenhouse and Reva B. Siegel’s Before (and After) Roe v. Wade: New Questions About Backlash, 89 Washington University Law Review 963 (2012) Dennis Keating Cleveland’s Ecovillage: Green and Affordable Housing Through a Network Alliance, 21 Housing Policy Debate 69 (2011) (with W. A. Kellogg) Browne C. Lewis Three Lies and a Truth: Adjudicating Maternity in Surrogacy Disputes, 49 University of Louisville Law Review 371 (2011)

PPACA and Public Health: Creating a Framework to Focus on Prevention and Wellness and Improve the Public’s Health 39 Journal of Law, Medicine & Ethics 366 (2011)

Chapters and Contributions to Books David F. Forte The Morality of Positive Law, in A Second Look at First Things: A Case for Conservative Politics (F. J. Beckwith, R. P. George & S. McWilliams, eds., St. Augustine Press 2011) Claire Robinson May Teaching Persuasion and Critical Thinking Using the State of the Union Address, in Techniques for Teaching Law 2 (Friedland, Hess, Schwartz & Sparrow, eds. Carolina Academic Press 2011) Heidi Gorovitz Robertson Cleveland in Encyclopedia of American Environmental History (K. Brosnan, ed., 2011)

Candice Hoke


Phyllis L. Crocker

Deborah Geier

Gwen Majette

Hedi Gorovitz Robertson

Karen Mika

Kevin O’Neill

Lolita Buckner Inniss

Mark J. Sundahl

Faculty on PAPER Newspapers and Editorials


David F. Forte

Christopher L. Sagers

Editorial: Free Speech for Plutocrats–One Year Later, Ashbrook Institute, Ashland, Ohio (

Amicus Brief, Federal Trade Commission and State of Minnesota v. Lundbeck, Inc. Nos. 10-3548 and 10-3549 (Brief of Amicus Curiae American Antitrust Institute in support of Appellants and Reversal of the District Court’s Decision) United States Court of Appeals for the Eighth District (2011)

Steven H. Steinglass Editorial: Constitutional commission is the way to go. Columbus Dispatch, July 27, 2011 Milena Sterio Editorial: Islam and democracy can co-exist, and the United States must respect that, The Plain Dealer, Tuesday, February 21, 2012.

International SCHOLARS Candice Hoke participated in an international conference on Verifiable Elections and the Public in Dagstuhl, Germany. Milena Sterio traveled to the Seychelles as part of a small delegation of lawyers sent to participate in meetings about the ongoing Somali pirate prosecutions. Mark J. Sundahl coordinated the 53rd Annual Colloquium on the Law of Outer Space in Cape Town, South Africa. Lolita Buckner Inniss has been named a fellow of the Centre National de la Recherche Scientifique (Paris, France)-New York University (New York, NY) Memory Project. Brian Ray has received a 2012-2013 Fulbright Scholarship and will spend time visiting Stellenbosch University (Stellenbosch, South Africa) and the University of the Western Cape (Capetown, South Africa). Milena Sterio has received a 2012-13 Fulbright Scholarship to teach and conduct research at Baku State University in Baku, Azerbaijan. David Forte spoke to a class in Comparative Constitutional Law at the State University of Milan (Milan, Italy) about the differences between accommodation of religion in France and in the United States. Browne Lewis is a visiting researcher on the topic of regulating euthanasia, suicide and assisted suicide at the Brocher Foundation Summer Academy in Geneva, Switzerland.


Faculty Influence Dean and Professor Craig M. Boise Craig M. Boise was quoted in The Plain Dealer regarding the tax implications of Eaton’s incorporation of its new merged company in Ireland. Craig M. Boise was quoted in the Washington Times regarding law school responses to the significant national decline in law school graduate employment. Craig M. Boise participated with two other law deans on an American Bar Association podcast addressing “The Law School Bubble.” Professor and former Interim Dean Phyllis Crocker Phyllis L. Crocker has accepted an offer to publish “The Paradox of Being an Interim Dean: The Permanent Nature of a Transitory Position” in the Toledo Law Review. Phyllis L. Crocker was named by Ohio Chief Justice Maureen O’Connor to a joint task force of the Ohio Supreme Court and the Ohio State Bar Association on the death penalty. Phyllis L. Crocker participated in a panel discussion “An Eye for An Eye: Is Capital Punishment Justice or Revenge?” a special program of Baldwin-Wallace’s Leadership & Public Policy Institute in partnership with the Levin College Forum Program. Clinical Professor Pamela A. Daiker-Middaugh Pamela A. Daiker-Middaugh participated in a panel discussion at Case Law School entitled “The Importance of Professional Volunteerism”. Professor David F. Forte David F. Forte participated in a debate at Northern Kentucky University on the question “Can the Secularist Onslaught against Religion Be Halted?” with Edward F. Kagan, National Legal Director of American Atheists, Inc. David F. Forte was reappointed to the Ohio State Advisory Committee to the United States Commission on Civil Rights. Professor Deborah A. Geier Deborah A. Geier participated, at the request of the U.S. Senate Finance Committee majority and minority staffs, in a twoday academic roundtable discussing fundamental tax reform in Washington, DC. Professor Matthew W. Green Matthew W. Green has been invited to join the Cleveland Employ-ment Inns of Court. Professor Candice Hoke Candice Hoke participated in the Republican National Lawyers Association’s Election Law Seminar. Candice Hoke spoke at the U.S. Department of Homeland Security and participated in the Software Assurance Summer Working Group. Candice Hoke participated in an international conference on Verifiable Elections and the Public in Dagstuhl, Germany.


Professor Lolita Buckner Inniss Lolita Buckner Inniss was awarded a “Friends of the Princeton University Library” research grant to help support additional work at the Princeton University Archives. Lolita Buckner Inniss has accepted the position of Elihu Root Peace Fund Visiting Professor in the Women’s Studies Depart-ment at Hamilton College in New York. Lolita Buckner Inniss reviewed Serena Mayeri’s “Reasoning from Race” on Dicta, a project of the Texas Law Review. Lolita Buckner Inniss has been named a fellow of the Centre National de la Recherche Scientifique-New York University Memory Project. Legal Writing Professor Sandra J. Kerber Sandra J. Kerber has been reappointed to the Judicial Candidates Rating Coalition which interviews judges to evaluate them for integrity, judicial temperament, diligence, and professional competence. Sandra J. Kerber has been selected as one of 20 to 25 professors from across the country to participate in a Lexis Summit in Desert Palm Springs. Clinical Professor Kenneth J. Kowalski Kenneth J. Kowalski moderated the Federal Bar Association’s new lawyer training seminar entitled “A Whole Trial in 3 Hours.” Professor Dennis Keating Dennis Keating spoke at the University of North Carolina at Chapel Hill on “Responding to Foreclosure and Home Abandonment.” Dennis Keating’s review of Harvard University Professor Susan Fainstein’s “The Just City” appeared in Urban Affairs Review. Clinical Professor Emeritus Kermit J. Lind Kermit J. Lind was interviewed by the Washington Post for an article about the surge in businesses that service the mortgage foreclosure industry. Kermit J. Lind was quoted in the Washington Post for an article that discussed the complicated system that leaves banks responsible for the condition of foreclosed properties. Legal Writing Professor Claire Robinson May Claire Robinson May served as a guest blogger on the science and writing blog, Lofty Ambitions. Legal Writing Professor Karin Mika Karin Mika spoke on legal research using free internet resources at the Legal Writing Institute Regional Workshop at Chicago-Kent College of Law. Karin Mika served as an articles editors for the 2011 edition of “Year in Review,” published by the Immigration and Naturalization Section of the American Bar Association.

Professor Kevin F. O’Neill Kevin F. O’Neill and C|M|LAW alum Patrick J. Charles plan to publish their co-authored article “Saving the Press Clause from Ruin: The Customary Origins of a ‘Free Press’ as Interface to the Present and Future” in the Utah Law Review. Kevin F. O’Neill was interviewed in Crain’s Cleveland Business for an article that addressed issues concerning the role of social media in the courtroom. Professor Brian Ray Brian Ray has been selected by the J. William Fulbright Foreign Scholarship Board to receive a 2012-2013 Fulbright Scholarship. James A. Thomas Distinguished Professor of Law Chris Sagers Chris Sagers was quoted in the L.A. Times about AT&T’s unprecedented merger bid to acquire rival wireless service provider T-Mobile. Chris Sagers’ paper, “Legal Boundaries as Political Economy: The Scope of Antitrust and a General Theory of the Competition-Regulation Dichotomy,” was selected for the NYU Next Generation of Antitrust Scholarship Conference. Chris Sagers was the lead drafter of an amicus brief in the U.S. Court of Appeals for the Second Circuit on behalf of the American Antitrust Institute. Chris Sagers signed an amicus brief submitted to the U.S. Supreme Court by a group of antitrust professors and scholars in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission. Chris Sagers was one of 95 community leaders from 27 states called to the White House for a summit on the looming judicial vacancy crisis. Chris Sagers was quoted in the Wall Street Journal on antitrust enforcement against Google. Dean Emeritus Steven H. Steinglass Steven H. Steinglass was a featured speaker at a colloquium on the Ohio Constitutional Modernization Commission. Steven H. Steinglass was appointed by Ohio Chief Justice Maureen O’Connor to a task force on the funding of Ohio courts. Steven H. Steinglass was interviewed on NPR regarding the Constitutional Modernization Commission. Professor Milena Sterio

Milena Sterio’s work with Professor Michael Scharf (Case Western Reserve University School of Law) was the subject of an article in the Plain Dealer, which detailed their assistance of the Seychelles with the prosecution of pirates Milena Sterio traveled to the Seychelles as part of a small delegation of lawyers sent by the High Level Working Group on Piracy to participate in meetings with the Seychelles’ Attorney General and members of the judiciary about the ongoing Somali pirate prosecutions. Milena Sterio spoke at the International Law in Crisis Conference at Case Western Reserve University School of Law School. Associate Dean Mark J. Sundahl Mark J. Sundahl was quoted in Space News about the decision by the U.S. State Department not to require Virgin Galactic to obtain an export license for flying non-U.S. citizens on suborbital jaunts departing from New Mexico’s Spaceport America. Mark J. Sundahl’s “A New Working Bibliography of Ancient Greek Law (7th to 4th centuries B.C.)” (edited with David Mirhady and Ilias Arnaoutoglou) was recently reviewed in the Bryn Mawr Classical Review. Professor John Plecnik and Associate Dean Mark Sundahl gave a joint presentation at the Shaker|LaunchHouse, a new business accelerator that fosters entrepreneurial success and job creation through seed capital, education and innovation. Mark J. Sundahl coordinated the 53rd Annual Colloquium on the Law of Outer Space in Cape Town, South Africa and presented a paper on the recently promulgated commercial human spaceflight regulations issued by the FAA and NASA. Mark J. Sundahl co-edited a book, (with V. Gopalakrishnan), “New Perspectives on Space Law – Proceedings of the 53rd IISL Colloquium on the Law of Outer Space – Young Scholars Session. “ Mark J. Sundahl was quoted in the New York Times regarding tort liability, under international law, for potential damage caused by NASA’s falling satellite. Professor Alan C. Weinstein Alan C. Weinstein presented at the Association of American Geographers Conference in New York, NY as part of a track titled “Erotic Cities: Geographies of the Sexual Economy.”

Milena Sterio was elected Secretary of the “Women in International Law” interest group of the American Society of International Law.

Alan C. Weinstein spoke at the Association of American Law Schools’ annual meeting in a session titled “The Impact of the Religious Land Use and Institutionalized Persons Act on State and Local Governments.”

Milena Sterio has become a regular panelist on “Talking Foreign Policy” which airs on NPR affiliate WCPN.

Alan C. Weinstein spoke recently at the annual national conference of the American Planning Association in Los Angeles, CA.

Milena Sterio appeared on WCPN’s Sound of Ideas radio show to discuss piracy in the 20th century.

Alan C. Weinstein participated in a national teleconference spon-sored by the International Municipal Lawyers Association.

Professor Thomas D. Buckley announced his retirement after over 40 years as a member of the faculty at C|M|LAW. Professor Buckley taught courses in commercial law, civil liberties, secured transactions and is widely published on bankruptcy law. He has enjoyed a long, productive career and provided outstanding service through a number of major committee assignments. Professor Buckley has agreed to teach on a part-time basis for the next three years.


Great Lakes Sports and Entertainment

Law Academy Cleveland-Marshall College of Law hosted the first Great Lakes Sports and Entertainment Law Academy as a joint venture with Case Western Reserve University School of Law. Over 50 students from Ohio and around the country participated in this unique engaged learning opportunity. At the Academy, students were immersed in a variety of courses covering sports and entertainment law with an emphasis on practical applications of the course work to real world issues confronting attorneys who are active in these fields.

Carl Pantejo, a second year student at C|M|LAW: “it’s great to be immersed with contract drafting; beforehand the only experience I had was in my first year contracts class. So to roll up your sleeves and work with the materials and actually draft contracts is great—very practical.” The Academy also boasted an all star cast of guest speakers including Jason Hillman, General Counsel, Cleveland Cavaliers; Mark Termini ’84, President of Mark Termini Associates Inc. and an NBA Agent; Dan Polster, United States Federal Judge; and David Gilbert, President and CEO of the Greater Cleveland Sports Commission.

Mike Henderson, a first year student at C|M|LAW: “We’re getting people from the Cleveland area who are very influential in basketball, football and baseball; the music industry, the entertainment industry—the whole broad spectrum. These are people we wouldn’t normally have access to.” Students from the academy competed for a limited number of externships at high profile organizations, including the Cleveland Browns, the Greater Cleveland Film Commission, Global Spectrum, and the Lake County Captains. By emphasizing practical education and providing targeted externship opportunities, The Great Lakes Sports and Entertainment Law Academy is another example of how C|M|LAW is leading law schools in engaged learning opportunities.

(left to right) Academy Co-director Craig Nard, Mark Avsec, Craig Boise, David Shall, Academy Co-director Peter Carfagna.


The faculty and staff welcome the newest generation of leaders to emerge from the halls of Cleveland-Marshall College of Law. C|M|LAW celebrated the graduation of the class of 2012 with commencement speaker The Honorable Yvette McGee Brown, the first African-American woman to serve as a Justice on the Supreme Court of Ohio.

Dean Craig M. Boise, Ohio Supreme Court Justice Yvette McGee Brown, and CSU President Ronald M. Berkman.


The 140 Plan As a response to an increasingly competitive legal job market and a nationwide decline in law school applications, C|M|LAW will be implementing the 140 Plan. In the 2012-2013 academic year, C|M|LAW will reduce its incoming class to 140 students. Although C|M|LAW have a smaller enrollment, the 140 Plan increases resources for these students and provides a more flexible legal education that will help students adapt to a changing legal environment. In addition, the 140 Plan includes:

A higher ratio of clinical professors to students in order to increase engaged learning opportunities Resources to provide BARBRI bar review courses for all graduates An emphasis on participation in legal clinics and externships An increase in the amount of scholarship dollars available to new students

Please address correspondence to: Cleveland-Marshall College of Law | 2121 Euclid Avenue LB 138 | Cleveland, OH 44115-2214 (216) 687-2344 | FAX (216) 687-6881 |

Craig M. Boise Dean and Professor of Law (216) 687-2300

Jennifer N. Nye Director of Advancement (216) 687-2491 To donate to the law school: Follow our stories The Year Book is the third in a new yearly trilogy of books that each focus on an aspect of C|M|LAW: The Giving Book is our annual donor report; the Stories Book celebrates the achievements and personal narratives of our alumni and friends; and the Year Book provides a look inside the world of the students and faculty of the law school. Find the books online:


Cleveland State University is an Affirmative Action/Equal Opportunity institution.

Thank you.


216.687.2344 /



Cleveland State University 2121 Euclid Avenue LB138 Cleveland, Ohio 44115

BOOK 2012

The 2012 C|M|LAW Yearbook  

The Yearbook provides a look inside the world of the students and faculty of the law school.