Faculty Scholarship Digest

September 2013

On a regular basis, Dean Michaels prepares a memorandum summarizing recent scholarship published by members of the Moritz faculty. The College boasts 50+ faculty members with national and international reputations. The range of influential and innovative legal scholarly works produced by our distinguished faculty reflects a variety of perspectives, interests, and areas of expertise.


E. Gordon Gee

E. Gordon Gee (w/ Philip T.K. Daniel et al.), Law, Policy, and Higher Education (2012).

Having served in higher education for over three decades, our former colleague, President Emeritus E. Gordon Gee, brings a lifetime of experience to this new coauthored textbook about the legal issues facing colleges and universities today. Law, Policy, and Higher Education is a behemoth, weighing in at 1369 pages. It includes basic foundational material including an overview on governance, negligence, duties of administrators and faculty, and functioning of Institutional Review Boards. The text not only covers the basics, but also includes topics that are on the forefront of higher education—intercollegiate athletics, individuals with disabilities, and intellectual property. In the case of athletics, the financial commitment of college athletics and the allegation of treating athletes as commodities are explored. Considering students with disabilities, the text describes the dramatic rise in enrollment of students with disabilities, traces the legal development of the Americans with Disabilities Act and 2008 Amendments, and then explores the policies adopted in higher education to support students with special needs. Similarly with intellectual property, the book identifies not only the copyright and trademark issues, but also tackles the commercialization of university owned technologies and technology transfers. The cutting edge coverage of issues is complemented by the authors’ sensitivity to the varied career objectives of their audience. They provide students with the necessary background regardless of whether their ultimate goal is a career in administration, university counsel, general law practice, or a professorship.

Nancy Hardin Rogers

Nancy H. Rogers & Sarah Rudolph Cole (w/ Stephen B. Goldberg & Frank E.A. Sander), Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes (6th ed. 2012).

Former Dean and Professor Emeritus Nancy Rogers and Professor Sarah Cole anchor a truly distinguished team of coauthors to bring us the Sixth Edition of Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes. This casebook provides comprehensive coverage of ADR’s Big Three—negotiation, mediation, and arbitration—as well as coverage of important hybrids. This new edition reflects the explosion of interest and issues surrounding ADR. The coverage of mediation is illustrative. Growing concerns about issues of mediation fairness and quality, confidentiality, and mediation advocacy have led to three separate chapters addressing these respective topics. This includes recent developments in empirical mediation research. The chapter on arbitration has been rewritten in light of the five recent U.S. Supreme Court rulings involving arbitration since the last edition. There is also new coverage on emerging processes (such as mediation-arbitration and online dispute resolution) and topics (dispute systems design and “Can I earn a living in ADR?”). The coauthors remain committed to the use of simulations as an important tool for students to learn about the different ADR processes and this edition expands the simulations available. Attention to these topics and other improvements show why Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes continues to be the leading casebook in the field of dispute resolution.

Marc Spindelman (w/ Judith Areen & Philomila Tsoukala), Family Law: Cases and Materials (concise 6th ed. 2012).

Marc Spindelman (w/ Judith Areen & Philomila Tsoukala), Teacher’s Manual, Family Law: Cases and Materials (concise 6th ed. 2012).

Marc Spindelman (w/ Judith Areen & Philomila Tsoukala), Teacher’s Manual, Family Law: Cases and Materials (6th ed. 2012).

Professor Marc Spindelman joins as a coauthor to the concise sixth edition of Family Law: Cases and Materials. Georgetown’s Judith Areen, the founding author, also brings in her colleague Philomila Tsoukala as well. This is not just an update to a previous edition. Areen describes it as a reconceptualization of the field of family law for the 21st century. Areen gives credit for the reconceptualization, where credit is due: “This new edition was made possible because I was fortunate to be joined by two leading members of the new generation of family law scholars: Professor Marc Spindelman, of Ohio State University, and Professor Philomila Tsoukala, of Georgetown University. Their fresh ideas and new perspectives have enriched and enlivened the casebook in ways that should enhance its value in the classroom.” As you would expect, the concise sixth edition of Family Law provides an overview of U.S. family law through a collection of black-letter law, policy, narrative, history, transnational sources, and theory. The “judicious use of new historical and social science material” serves to illuminate the “current controversialissues in family law,” according to Areen. New cases and materials have been added to comparative and international family law, same-sex and non-traditional relationships, assisted reproduction, and private ordering. Now I had my doubts about the “concise” part, given that this new casebook comes in at 865 pages; then I discovered it is over 540 pages shorter than the Fifth Edition! The book is written with an eye toward helping teachers prepare their students to appreciate and engage in Family Law’s present, as well as shape its important, vibrant future. The book is accompanied by a new, highly useful and useable Teacher’s Manual that includes helpful background and context about cases and larger policy questions, as well as concrete questions and problems for classroom use. There is a version for both the concise and full-length versions of the casebook.

Daniel P. Tokaji (w/ Daniel Hays Lowenstein & Richard L. Hasen), Election Law: Cases and Materials (5th ed. 2012).

When the first edition of this book appeared in 1995, written solely by Dan Lowenstein, it was the first modern casebook in the field that has become known as “election law.” Richard Hasen joined as co-author in the second edition; Dan Tokaji joined Lowenstein and Hasen in the fourth edition. This fifth edition, however, was written by Hasen and Tokaji alone. Their first objective with the new edition was to tame the unwieldy, voluminous, and ultimately overwhelming note material that the previous editions compiled. According to Hasen and Tokaji, “[o]ur primary task in this edition has been to rework the note material to make it streamlined, relevant, and direct.” Streamlined and student-friendly, this fifth edition of Election Law fully covers the new developments in election law from the 2012 elections including: extensive coverage of the Supreme Court’s opinion in Citizens Uni­ted, the rise of super PACs, and other campaign finance developments; emerging issues in voting rights and redistricting, including coverage of the Texas redistricting and voter identification cases; and new coverage of issues in judicial elections. The chapter on election administration is also substantially reworked reflecting Tokaji’s expertise in this area. While Lowenstein no longer contributes to the casebook, it retains its interdisciplinary character and includes perspectives from both law and political science. In this sense, the fifth edition remains true to its heritage and the belief that lawyers benefit from exposure to the empiricism of political scientists and political scientists benefit from more focused attention to the legal questions related to their empirical study.

Book Chapter

Douglas W. Squires, Forensic Accounting, in Scientific Evidence in Civil and Criminal Cases (Andre A. Moenssens, Betty Lane DesPortes & Carl N. Edwards eds., 6th ed. 2013).

Adjunct Professor Douglas Squires contributes this chapter on forensic accounting to this compilation on scientific evidence. Forensic accountants utilize accounting, auditing, and investigative skills to uncover the reality of financial situations and communicate financial information concisely and clearly in a legal setting. Squires traces the history of this emerging field including an explanation of Charles Ponzi and the original “Ponzi scheme.” The author then explores the use of forensic accounting and its application to criminal investigations, civil claims, and private business internal investigations. The chapter includes special attention to how forensic accountants trace the movement of money. Also included is treatment of Sarbanes-Oxley and how to locate and engage a forensic accounting expert.

Teacher's Manualss

Daniel C.K. Chow

Daniel C.K. Chow (w/ Anna M. Han), Teacher’s Manual to Doing Business in China: Cases and Materials (2012).

Professor Dan Chow and his coauthor Anna Han (Santa Clara) have completed this Teacher’s Manual to Doing Business in China. It is designed to accompany their casebook, Doing Business in China: Problems, Cases, and Materials—the first American casebook on China written for American law and business school students. The casebook is based on the problem method and the authors admit there may appear to be more than necessary. But by design, most of the problems are easy “and can be answered by reviewing the materials in the casebook or in the documents supplement.” The Teacher’s Manual, however, contains all the answers to the questions and problems so the instructor benefits from the real-world experience Chow and Han offer. Both of the authors have lived and worked in China and have conducted business transactions involving both Chinese business and government officials. They candidly admit they have made some mistakes, but they have converted those errors into valuable lessons to the benefit of those who use their casebook and this Teacher’s Manual.

Ruth Colker (w/ Paul D. Grossman), The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance (8th ed. 2013).

Ruth Colker (w/ Paul D. Grossman), Teacher’s Manual: The Law of Disability Discrimination (8th ed. 2013).

Professor Ruth Colker and her coauthor Paul Grossman (Hastings) have completed two companion works to complement the eighth edition of their casebook, The Law of Disability Discrimination. The first is a new Teacher’s Manual. This Teacher’s Manual is stuffed full of things an instructor can really use. It starts with a lesson on language and provides an excellent tool for the teacher to sensitize students to respectful ways of speaking about individuals with disabilities, such as “people with disabilities” instead of disabled people (the “people first” principle). There are helpful links to videos throughout the manual. But the real gift of this work is the inclusion of experiential and simulation activities. Anyone who has been in our auditorium knows the “ADA Auditorium Dilemma” is grounded in more fact than fiction. There are also simulated exercises regarding advocacy in the context of an IEP and a role-playing exercise involving manifest determination review. The other companion book, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance, is a statutory supplement that provides needed reference material. The Handbook includes the ADA as amended. In addition, the authors have included regulations, section-by-section analysis, and technical assistance promulgated by the EEOC and DOJ. Besides domestic law, it also contains the UN Convention on the Rights of Persons with Disabilities.

Howard P. Fink (w/ Thomas D. Rowe, Jr. & Mark V. Tushnet), Teacher’s Manual: Federal Courts in the 21st Century (4th ed. 2013).

Professor Emeritus Howard Fink and his coauthors produce this Teacher’s Manual to accompany their latest edition of their casebook, Federal Courts in the 21st Century. The Teacher’s Manual, like the casebook, reflects reorganization and refocusing on the core topics of federal courts and jurisdiction. With much of the content on class actions and joinder devices jettisoned, Fink gives more attention to diversity and alienage jurisdiction, including a new section calling attention to the three statutory forms of minimal diversity—statutory interpleader, Multiparty, Multiforum Trial Jurisdiction Act of 2002, and the Class Action Fairness Act of 2005. The thorny problems created by the supplemental jurisdiction statute have their own chapter and the Teacher’s Manual provides helpful refresher drills not included in the casebook. Also new for this edition is a concluding chapter on Jurisdiction in the Time of War and in an Age of Terrorism, which the coauthors suggest using as a capstone for the course.