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UT to host town hall on free speech April 24

For the second time in a month, The University of Toledo is hosting a town hall meeting to give students the opportunity to discuss free speech rights and the University’s role in maintaining and protecting those rights.

The event will be Tuesday, April 24, from 3 to 4 p.m. in the Thompson Student Union Ingman Room.

Dr. Sam Nelson, associate professor and chair of the UT Department of Political Science and Public Administration, will serve as moderator. Nelson is the author of “Beyond the First Amendment: The Politics of Free Speech and Pluralism.”

Lee Strang, UT constitutional law scholar and John W. Stoepler Professor of Law and Values, will provide an overview about constitutional law and free speech, as well as field questions.

“Students asked us to continue this important dialogue on the topic of free speech after a controversial banner was hung in the Thompson Student Union, and we encourage their high level of civil discourse,” said Dr. Phillip “Flapp” Cockrell, vice president for student affairs.

“I am proud of the passionate, respectful way our students are engaged on campus,” Dr. Willie McKether, vice president of diversity and inclusion and vice provost, said.

Law student wins two national writing competitions for health law research

Mark Fadel, a student in the College of Law pursuing the joint doctor of medicine/juris doctor, won first place in both the American College of Legal Medicine and the Epstein Becker Green Health Law writing competitions.

Fadel was named the Hirsh Award winner in the American College of Legal Medicine (ACLM) Student Writing Competition.

Fadel

The ACLM is the preeminent national organization for law and medicine. As the first-place winner, Fadel presented his research for “360 Years of Measles: Limiting Liberty Now for a Healthier Future” at the ACLM 2018 Annual Meeting in Charleston, S.C.

“State-based school immunization laws form the bedrock of compulsory vaccination efforts in the United States,” Fadel said. “However, a spectrum of these mandates permitting exemptions exists and has been shown to contribute to measles incidence. My goal in this research is to show how the permissiveness of these laws drives medical outcomes, and how different laws produce different population health statistics during outbreaks.”

Fadel also won first place in the Epstein Becker Green Health Law Writing Competition for a different paper, “Insurance Practices and Disparities in Access to Assisted Reproductive Technologies.”

His second article focused on variation in state laws related to insurance coverage for infertility treatments and the disparities between groups able to access such procedures.

“Mark’s work exemplifies the power of our joint-degree curriculum,” said Associate Professor Elizabeth McCuskey, who co-directs the University’s juris doctor/ doctor of medicine and juris doctor/master of public health joint degree programs. “His legal education informs his perspective on health care, and his medical education informs his perspective on law as a health-care intervention.

“Interdisciplinary work is essential to health-care regulation and reform, and Mark is poised to be among the next generation of health-care leaders. I am so pleased that Mark’s work has attracted national attention from top practitioners in both fields. It is well-deserved.”

Fadel recently was accepted to present his insurance disparities research at the 41st Annual Health Law Professors Conference in Cleveland in June. His research paper also was accepted for publication in the Florida Coastal Law Review this summer.

MacArthur Foundation Safety and Justice Challenge featured as part of Distinguished Lecture Series

The University of Toledo will host Dr. Laurie Garduque, director of justice reform with the MacArthur Foundation, Monday, April 16, at 6 p.m. in Doermann Theatre.

She will discuss the role of philanthropy in social change through this unique and powerful program. 

A panel discussion and question-and-answer session will follow her remarks. Panelists will be Mayor Wade Kapszukiewicz and representatives of the Lucas County Safety and Justice Challenge Team, Commissioner Carol Contrada and Common Pleas Court Judge Gene Zmuda.

“We are thrilled to bring Dr. Garduque to campus. Her program represents one of the finest examples of social change achieved through evidence-based practices,” said Dr. Heidi Appel, dean of the Jesup Scott Honors College. “We’re also very proud to showcase the highly successful local initiative as part of the event. The evening will be a memorable demonstration of how national and local partners can affect meaningful change.”

The Safety and Justice Challenge is providing support to local leaders from across the country who are determined to tackle one of the greatest drivers of over-incarceration in America — the misuse and overuse of jails.

The Safety and Justice Challenge elicited an overwhelming response. A total of 191 applications were submitted from jurisdictions spanning 45 states and territories. In 2015, 20 were selected to participate in the Challenge Network to develop comprehensive plans for creating fairer, more effective justice systems. In 2017, an additional 20 jurisdictions were selected to join in the Safety and Justice Network through the Challenge Innovation Fund.

Within the Challenge Network, 18 implementation sites are receiving funding and expert technical assistance to implement reforms to make local justice systems fairer and more effective. The 20 selected sites are receiving short-term support to design and test a single innovative reform program or project.

The Challenge Network sites represent 34 counties, four cities and two statewide systems. They are geographically distributed throughout the country and have a diverse jail capacity size, ranging from 140 beds in Campbell County, Tennessee, to as many as 21,811 beds in Los Angeles County. Collectively, the Challenge Network holds a jail capacity of approximately 130,000 and accounts for 16 percent of the total confined jail population.

Lucas County, Ohio, is in the process of comprehensive criminal justice reform, including pretrial risk assessment, enhancing community-based behavioral health and drug-dependency diversion resources, and expanding re-entry-based programming. To continue building upon these reform efforts, Lucas County was awarded $1.75 million from the Safety and Justice Challenge in 2016 to invest in effective strategies to further reduce the average daily jail population over the next two years while addressing racial and ethnic disparity.

Working with law enforcement personnel, Lucas County will launch a series of pre-arrest educational and training programs addressing implicit bias, procedural justice and crisis de-escalation, while providing meaningful jail alternatives, including on-demand access to behavioral health resources.

To further address racial disparity and underserved populations, pretrial diversion programs will be expanded and enhanced. Lucas County also will establish a population review team comprised of a variety of stakeholders who will conduct weekly case-by-case assessments of the entire pretrial population to identify and recommend individuals who are suitable for release or expedited case resolution. In addition, judges and court personnel will manage pretrial risk through tiered supervision options and community-based resources such as GPS electronic monitoring, and will implement coordinated probation protocols throughout all county jurisdictions.

The John D. and Catherine T. MacArthur Foundation supports creative people, effective institutions and influential networks building a more just, verdant and peaceful world. MacArthur is placing a few big bets that truly significant progress is possible on some of the world’s most pressing social challenges, including over-incarceration, global climate change, nuclear risk, and significantly increasing financial capital for the social sector. In addition to the MacArthur Fellows Program, the foundation continues its historic commitments to the role of journalism in a responsible and responsive democracy, as well as the strength and vitality of its headquarters city, Chicago.

MacArthur is one of the nation’s largest independent foundations. Organizations supported by the foundation work in about 50 countries. In addition to Chicago, MacArthur has offices in India, Mexico and Nigeria.

Garduque joined the MacArthur Foundation in 1991 after serving as director of the National Forum on the Future of Children and Families, a joint project of the National Research Council and the Institute of Medicine. From 1984 to 1987, she was the director of governmental and professional liaison for the American Educational Research Association in Washington, D.C. This position followed the year she spent, from 1983 to 1984, as a Congressional Science Fellow in the U.S. Senate. From 1980 to 1985, Garduque held a faculty position as an assistant professor of human development at Pennsylvania State University.

She previously served on the boards of the American Psychiatric Association Foundation; Asian Americans and Pacific Islanders in Philanthropy; Grantmakers for Children Youth and Families; and the Youth Transition Funders Group Juvenile Justice Working Group, as well as on the federal Center for Mental Health Services National Advisory Council, under Substance Abuse and Mental Health Services Administration. She currently serves on the Federal Coordinating Council on Juvenile Justice and Delinquency Prevention.

Garduque received her bachelor’s degree in psychology and her PhD in educational psychology from the University of California at Los Angeles.

Guests are invited to stay for a reception following the lecture, which is co-sponsored by The University of Toledo College of Law.

The event marks the third of this year’s Jesup Scott Honors College Distinguished Lecture Series.

Tickets are free to students and the public by visiting utoledo.edu/honorslecture.

For more information, contact the Jesup Scott Honors College at honors@utoledo.edu or 419.530.6030.

Supreme Court case on credit card, antitrust litigation topic of April 9 talk

Eric Murphy, state solicitor of Ohio, recently argued Ohio v. American Express before the Supreme Court of the United States.

He will discuss the case Monday, April 9, at noon in the Law Center McQuade Auditorium.

Murphy

The pending case could impact the credit-card industry and antitrust litigation. Ohio is leading the petition for appeal that affects 11 states.

The case focuses on “anti-steering” rules set by American Express that prevent merchants from steering customers to competitors’ credit cards with lower transaction fees. A district court in New York held that the rules violated Section 1 of the Sherman Act because they led to higher credit-card prices for merchants, higher retail prices for consumers, and stifled inter-brand price competition.

The U.S. Court of Appeals for the Second Circuit reversed this decision, leading Ohio and 10 other states to seek U.S. Supreme Court review.

Oral arguments were held Feb. 26 with a decision expected by July.

Murphy was appointed state solicitor of Ohio by Attorney General Mike DeWine in 2013. He also manages the Appeals Section of the Ohio Attorney General’s Office. 

He served as a law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.

Murphy holds degrees from Miami University and the University of Chicago Law School.

His free, public talk titled “Representing the State in the Supreme Court: Ohio v. American Express” is presented as part of the UT College of Law’s “Day After” Speaker Series that features cases recently argued before the U.S. Supreme Court. Light refreshments will be served.

Three Distinguished University Professors named

Three faculty members have been named Distinguished University Professors in recognition of their exemplary teaching, research, scholarship and professional service.

The newest Distinguished University Professors, who were approved and recognized by the UT Board of Trustees at its February meeting, are Dr. Abdollah Afjeh of the College of Engineering, Dr. Paul Chongkun Hong of the College of Business and Innovation, and Dr. Joseph Slater of the College of Law.

UT Board of Trustees Chair Steven M. Cavanaugh, left, and UT President Sharon L. Gaber posed for a photo with the new Distinguished University Professors, from left, Dr. Paul Hong, Dr. Abdollah Afjeh and Dr. Joseph Slater. The three faculty members received the honor in recognition of their exemplary teaching, research, scholarship and professional service.

“It is an honor to recognize the careers of these outstanding faculty members who are accomplished experts recognized for advancing their fields of study and who are great teachers dedicated to sharing their knowledge with our students,” said Dr. Andrew Hsu, provost and executive vice president for academic affairs.

Afjeh, chair and professor of mechanical, industrial and manufacturing engineering, joined UT in 1984. He is a Fellow of the American Society of Mechanical Engineers and an internationally recognized researcher in propulsion and energy conversion systems.

Afjeh’s focus is on the development and validation of computational models that are used to predict behavior of aerospace propulsion systems under flight conditions. His work supports the design and development of aircraft engines and small gas turbine engines. He also has been working on comprehensive aeromechanics analysis of utility-scale wind turbines.

“I am profoundly honored by this recognition,” Afjeh said. “I am deeply grateful to my colleagues and students who inspired me and fueled my passion for learning. This honor is also a recognition of the great work of my talented students who knew no boundaries and believed in impossible things.”

Afjeh has received 49 research awards for more than $22 million and has authored 115 peer-reviewed publications. He received UT’s Outstanding Researcher Award in 2014.

Hong, professor of information operations and technology management, joined UT in 1999. He is an internationally recognized researcher in network capabilities,
global supply chain management, international comparative studies, and building growth engine industries for national
competitiveness.

Hong’s expertise is in the implementation of supply chain management practices to build firms for domestic advantage and global competitiveness. Much of his work has been in the service sector, notably, U.S. health-care industries as well.

“This recognition is about the value of teaching, research and outreach of business faculty for the world at large,” Hong said. “I accept this honor along with my colleagues here at The University of Toledo and around the world who have worked with me over the years.”

Hong, who was selected as Fulbright Scholar in 2017, has published more than 200 peer-reviewed articles and three books. He received UT’s Outstanding Researcher Award in 2015.

Slater, the Eugene N. Balk Professor of Law and Values, joined UT in 1999. He is the nation’s leading expert in public-sector labor law respected in academia, as well as by practicing attorneys, the courts, and national and international media.

Slater’s work has influenced two separate fields of study — labor history and modern labor law. He is an expert witness on the history of labor law.

“This means a lot to me. I know The University of Toledo employs many outstanding faculty, excellent scholars and excellent teachers. I am deeply honored to join the ranks of law school colleagues past and present, as well as the amazingly impressive Distinguished University Professors from other colleges,” Slater said. “Also, I am pleased because this award reflects the importance of the field of labor and employment law, and the study of unions, workers and employers, in this community and beyond.”

Slater, who is a Fellow of the College of Labor and Employment Lawyer, has published four extensively cited books and 29 peer-reviewed articles and essays. He received UT’s Outstanding Researcher Award in 2016.

Public defenders fighting for justice topic of March 12 lecture

Christopher Flood, an attorney with Federal Defenders of the Southern District of New York, will discuss “Principles, Privilege and Power: Public Defenders and the Struggle to Define American Justice” Monday, March 12.

His free, public talk will take place at 7 p.m. in Libbey Hall.

“Christopher Flood has dedicated his career to criminal defense, the defense of indigent persons, and advocacy for public defenders,” Dr. Renee Heberle, UT professor of political science, said. “He will discuss the erosion of the constitutional right to a competent defense for all persons accused of criminal activity. He will address what has to happen to fix the broken systems through which we adjudicate harm. Mr. Flood’s experiences on the frontlines give him unique insight into the complex problems of criminal justice in the 21st century.”

In addition to his work with the Federal Defenders of New York, Flood is an adjunct professor of law at New York University, where he teaches the Federal Defender Clinic.

Prior to moving to the Empire State, Flood was a staff attorney at the Public Defender Service for the District of Columbia, and he was the deputy chief defender and interim chief defender at the Orleans Public Defenders in New Orleans.

While in law school at New York University, Flood was an intern at the NAACP Legal Defense and Education Fund, and at the Neighborhood Defender Service of Harlem.

He received a bachelor of arts degree in social thought and political economy and a master of science degree in labor studies from the University of Massachusetts. His juris doctor is from New York University.

Flood’s talk is sponsored by the College of Law and the Program in Law and Social Thought.

For more information, contact Heberle at renee.heberle@utoledo.edu.

Law professor authors book on Toledo congressman’s influence on 13th Amendment

After five years of research and writing, Rebecca Zietlow, Charles W. Fornoff Professor of Law and Values at the UT College of Law, completed her book, “The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction.”

Edited by leading legal historian Chris Tomlins, the book was published by Cambridge University Press in November.

For more than 15 years, Zietlow has been researching Reconstruction-era American history. Due to her interest and scholarship, she helped form the 13th Amendment Project, a group of scholars and practitioners who examine the history and promise of this amendment. Despite the fact that the 13th Amendment abolished slavery, there is relatively little legal scholarship about it. This is surprising considering that the amendment, she argues, also provides protections for workers and additional support for civil rights action by the federal government.

Zietlow’s book examines both this critical amendment and historical period through the work of James Mitchell Ashley. Ashley, a lawyer from Toledo, was a major leader in the Reconstruction-era Congress, serving Toledo as a member of the U.S. House of Representatives and helping to found the Republican Party. He was the first person to propose amending the U.S. Constitution to end slavery and worked alongside Abraham Lincoln to secure passage of the 13th Amendment in the U.S. House of Representatives. Ashley thought beyond the abolition of slavery, promulgating ideas such as voting rights for blacks, civil rights, and protections for non-slave workers, including groups such as industrial workers in the North and Chinese railroad laborers.

Despite this legacy, many constitutional law scholars are unfamiliar with Ashley as little has been written about him. Southern historians painted him as a carpetbagger intent on taking advantage of the South after its loss in the Civil War. He also left Congress clouded in controversy due to his relentless and unwavering pursuit of both Reconstruction-era ideals and the impeachment of President Andrew Johnson.

Zietlow

To Zietlow, Ashley’s work is still relevant today. She notes the continuing need to protect minorities and workers as evidenced by eroding civil rights, dwindling worker autonomy, and requiring covenants not to compete even for low-wage workers.

Ashley also deserves recognition because of the pivotal role he played in transforming the Constitution and government. “He helped change our government from one based on slavery to one that abolished slavery and created individual rights,” Zietlow said.

Ashley’s legacy still lives on in Toledo. Many local attorneys and judges are familiar with the James M. Ashley and Thomas W. L. Ashley U.S. Courthouse, which houses the U.S. District Court for the Northern District of Ohio in downtown Toledo. Thomas “Ludd” Ashley was James Ashley’s grandson who served Toledo in the U.S. House of Representatives for two decades. Ashley’s final resting place is the Woodlawn Cemetery, just a few miles from the courthouse that bears his name. In 2006, when the UT College of Law hosted its annual Law Review Symposium on James Ashley and the Reconstruction, several Ashley family members attended the event along with U.S. Congresswoman Marcy Kaptur.

“Professor Zietlow is one of the nation’s leading scholars of the Reconstruction Era, and her new book is a great contribution to the literature on the 13th Amendment,” UT Law Dean D. Benjamin Barros said. “By reminding us of the role and worldview of Congressman James M. Ashley, Professor Zietlow enriches our understanding of an important historical era and provides important context to contemporary issues of equality.”

“Professor Zietlow’s scholarship has consistently advanced our understanding of the 13th Amendment and Reconstruction,” said Kara Bruce, associate dean for faculty research and development, and professor in the College of Law. “This book is a capstone of that impressive body of work and a valuable contribution to Toledo history.”

‘The Trump and Trudeau Administrations on Water’ topic of Great Lakes Water Conference Nov. 3

United States and Canadian water law and policy, as well as a discussion over whether Lake Erie is impaired, will be the focus of the 17th annual Great Lakes Water Conference this week at The University of Toledo College of Law.

The conference titled “The Trump and Trudeau Administrations on Water” will take place Friday, Nov. 3, from 8:30 a.m. to 3 p.m. in the Law Center McQuade Law Auditorium.

The one-day conference is sponsored by the UT College of Law and its Legal Institute of the Great Lakes.

“Newly elected leaders in the U.S. and Canada have promised changes in direction,” said Ken Kilbert, UT professor of law and director of the Legal Institute of the Great Lakes. “What that means for water law, policy and resources on both sides of the border will be explored by two expert panels.”

The keynote speaker will be Patricia Morris, director of the Great Lakes Section of the International Joint Commission, at 8:45 a.m.

The first panel at 9:15 a.m. will focus on the administration of President Donald Trump and features speakers from the Natural Resources Defense Council, the U.S. Environmental Protection Agency and the Wayne State University Law School.

The second panel at 11 a.m. will look at the administration of Prime Minister Justin Trudeau and features speakers from the Ontario Ministry of the Environment and Climate Change, Forum for Leadership on Water, and the University of Calgary Law School.

A third panel at 1:30 p.m. will explore the controversy over whether Lake Erie should be designated “impaired” under the federal Clean Water Act and highlight steps Ohio and Michigan are taking to reduce phosphorus loading and algae in the lake. The panel includes speakers from the Ohio Environmental Protection Agency, Michigan Department of Environmental Quality, Environmental Law and Policy Center, and the UT College of Law.

The one-day conference is free to the public. Attorneys can earn 4.5 hours of Ohio Continuing Legal Education for $75.

For more information or to register for Continuing Legal Education or a box lunch, click here.

Ohio Sixth District Court of Appeals to hold oral arguments Nov. 1 on UT’s Main Campus

UT students and the public will have a chance to hear appellate arguments when the Ohio Sixth District Court of Appeals convenes Wednesday, Nov. 1, in the McQuade Courtroom, located in Health and Human Services Building Room 1419.

Oral arguments at the free, public session hosted by the Paralegal Studies Program will begin at 9 a.m.

Presiding over oral arguments will be a panel of three judges from the Ohio Sixth District Court of Appeals: Arlene Singer, a 1976, UT law alumna; Thomas J. Osowick, a 1981 UT law alumnus; and James Jensen.

Arguments set for the session include appeals from a murder conviction and personal injury decision.

“This will be a great chance for UT paralegal students to observe judges and lawyers in a real court session,” said John J. Schlageter III, senior lecturer and director of the Paralegal Studies Program. “The court’s willingness to hold arguments on campus is appreciated as it provides an unparalleled experience and instruction for our students, as well as area high school students.”

Approximately 100 students from Maumee and Whitmer high schools will be in Health and Human Services Building Room 1711 to watch a live stream of oral arguments from the courtroom.

After adjourning, the court will host a question-and-answer session with the audience.

The court’s docket is available here.

‘Journey Into the Mind: Science of Implicit Bias and Law’ topic of Oct. 25 lectures

U.S. District Judge Mark W. Bennett will deliver two lectures Wednesday, Oct. 25, at noon and 6 p.m. in the Law Center McQuade Law Auditorium.

The free, public lectures titled “Journey Into the Mind: Science of Implicit Bias and Law” will be presented by the UT College of Law and the Office of Diversity and Inclusion. 

Bennett

Bennett, a senior judge on the U.S. District Court for the Northern District of Iowa, is a nationally recognized expert, scholar, empirical researcher and educator on implicit bias. He is a founding member of the National Implicit Bias Network and has trained more than 1,500 state and federal judges on implicit bias.

In 2009, with the assistance of nationally recognized cognitive psychologist experts, Bennett was the first judge in the nation to develop and use an implicit bias jury instruction. His groundbreaking research includes an empirical study of implicit bias in sentencing by state and federal judges, the effect of Afrocentric facial feature and skin tone bias in the criminal justice system, as well as the effect of gender implicit bias in the evaluation and award of emotional distress damages in civil cases.

The 6 p.m. lecture has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 1.0 hour of instruction. There is no cost for the Continuing Legal Education, but those wishing to receive credit should email  maureen.dwyer@utoledo.edu to indicate interest.

Food and beverages will be provided.