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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.


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

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.


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, 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.

Gender equality topic of Oct. 13 Law Review Symposium

The University of Toledo Law Review will present its annual symposium Friday, Oct. 13. The free, public event is titled “Gender Equality: Progress & Possibilities” and will begin at 8 a.m. in the Law Center McQuade Law Auditorium.

Discussions of gender in American society have been ongoing since the suffrage movement began in the 19th century and, today, “feminism” can be a controversial term.

The University of Toledo Law Review’s 2017 Symposium will explore the ways in which gender equality has been achieved or remains aspirational in nature. Four panels of experts will discuss gender as applied to various areas of life and law. Panels will discuss: sex inequality in the workplace; gender equality in education; gendered violence; and reimagining family law.

Lisa Pruitt, the Martin Luther King Jr. Professor of Law at the University of California at Davis, will present the keynote address, “The Women Feminism Forgot: Rural and Working-Class White Women in the Age of Trump” at 11:30 a.m.

Panelists will publish a collection of essays in volume 49, issue 3, of The University of Toledo Law Review.

This symposium has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 5.5 total Continuing Legal Education hours instruction. The event is free and open to the public unless the attendee intends to seek Continuing Legal Education credit or would like a box lunch.

More information is available on the College of Law website at utoledo.edu/law/studentlife/lawreview.

Former acting U.S. solicitor general to speak at College of Law Oct. 11

Neal Katyal, former acting U.S. solicitor general and the lead attorney representing Hawaii in State of Hawaii, et al v. Trump, the travel ban case before the U.S. Supreme Court, will deliver the 17th Annual Maryse and Ramzy Mikhail Memorial Lecture Wednesday, Oct. 11, at 1:30 p.m. in the Law Center McQuade Law Auditorium.

The free, public lecture titled “The President and the Courts in National Security Cases” is presented by the College of Arts and Letters, the College of Law, and the Law and Social Thought Program, with WGTE as a media sponsor.

State of Hawaii v. Trump is a challenge to President Trump’s March executive order banning travelers from six Muslim countries from entering the United States. The case has made national headlines since it was filed last spring. Katyal, who has argued 34 cases before the U.S. Supreme Court, with 32 of them coming in the last eight years, will discuss the travel ban case and his experience as a leading advocate in the nation’s highest court. 

In the 2016-17 term alone, Katyal argued seven cases at the Supreme Court, more than any other advocate in the nation. At the age of 47, he has argued more Supreme Court cases in American history than any other minority attorney, with the exception of Thurgood Marshall, with whom Katyal is tied.

Katyal is the Paul and Patricia Saunders Professor of National Security Law and director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center. He is also a partner in the Washington, D.C., office of Hogan Lovells.

While teaching at Georgetown, Katyal won Hamdan v. Rumsfeld in the Supreme Court, a case that challenged the policy of military trials at Guantanamo Bay Naval Station, Cuba. The Supreme Court sided with him by a 5-3 vote, finding that President Bush’s tribunals violated the constitutional separation of powers, domestic military law and international law. As Walter Dellinger, former solicitor general and law professor at Duke University, put it, “Hamdan is simply the most important decision on presidential power and the rule of law ever. Ever.”

Katyal also served as Vice President Al Gore’s co-counsel in the Supreme Court election dispute of 2000, and represented the deans of most major private law schools in the landmark University of Michigan affirmative action case Grutter v. Bollinger (2003).

His accolades are many. He is the recipient of the Edmund Randolph Award, the highest honor the U.S. Justice Department can give to a civilian. This September Politico Magazine named Katyal to its annual “Politico 50” list of the key thinkers, doers and visionaries who are reshaping American politics and policy.

Katyal clerked for Supreme Court Justice Stephen Breyer as well as Judge Guido Calabresi of the U.S. Court of Appeals. He attended Dartmouth College and Yale Law School. His articles have appeared in virtually every major law review and newspaper in America.

The Maryse and Ramzy Mikhail Memorial Lecture was established and named after the late Dr. Ramzy Mikhail and his wife, the late Maryse Mikhail. Since 2001, it has been held annually at The University of Toledo and focuses on topics dealing with Arab culture, literature, history, politics, economics or other aspects of life in the countries of the Middle East, including issues of peace and justice.

Alumni to be honored at annual Homecoming Gala Oct. 6

This week The University of Toledo Alumni Association will recognize the winners of its most prestigious awards: the Gold T, Blue T and Edward H. Schmidt Outstanding Young Alum Award.

These three recipients will be recognized — along with distinguished alumni from each UT college — at the Homecoming Alumni Gala and Awards Ceremony Friday, Oct. 6, at 6 p.m. in the Thompson Student Union Auditorium.

Tickets for the gala are $30 each, $10 for children, and may be purchased by calling the Office of Alumni Relations at 419.530.ALUM (2586) or by visiting toledoalumni.org.

The Gold T is presented to a UT graduate in recognition of outstanding achievement in his or her field of endeavor while providing leadership and noteworthy service to the community.


The 2017 winner of the Gold T is Dr. Julian Kim of Shaker Heights, Ohio. Kim, a renowned expert in the treatment of patients with melanoma, breast cancer, soft tissue sarcomas and gastrointestinal malignancies, graduated from the College of Medicine and Life Sciences in 1986. Chief of oncologic surgery and chief medical officer at the Seidman Cancer Center of University Hospitals Cleveland Medical Center and the Charles Hubay Professor of Surgery at Case Western Reserve University, Kim holds the U.S. patent for novel research discovery in adoptive immunotherapy of cancer. His breakthrough process takes immune cells from a cancer patient and activates them in a laboratory in order to infuse them back into the patient to treat the cancer. Clinical trials in patients with advanced melanoma have proven successful, with the treatment helping to slow the advancement of the cancer. His treatment process is being used to assist pancreatic cancer patients. Prior to joining the Seidman Cancer Center in 2006, Kim served as director of the Melanoma Program at the Cleveland Clinic. Seidman Cancer Center is one of only 42 cancer hospitals nationwide.

The Blue T is presented to a UT Alumni Association member and UT graduate who has made outstanding contributions to the progress and development of the Alumni Association and University.


The Hon. Nancy Miller, of Sylvania, Ohio, is the 2017 honoree. Chief magistrate of Lucas County Probate Court, Miller holds three degrees from The University of Toledo: a bachelor of arts in psychology/sociology in 1977, a master of education in community agency counseling in 1979, and a juris doctor from the College of Law in 1988. A member of the executive committee of the Alumni Association’s Board of Trustees where she serves as secretary, Miller is also chair of the policy and procedures committee for Women & Philanthropy at UT. Recipient of the Henry Herschel Commitment Award in 2015 from the College of Law Alumni Affiliate, she is a member of the Dean’s Advisory Board in the College of Law. Miller is a major donor to numerous campus organizations, including the Medical Research Society, Women & Philanthropy, and the College of Law. A past president of the Lucas County Bar Association and the Toledo Women’s Bar Association, Miller was the first ombudsman for Lucas County Children Services. She has received national acclaim for her work in protecting children.

The Edward H. Schmidt Outstanding Young Alum Award is presented to a University graduate who is 35 years or younger in recognition of outstanding achievement in her or his field of endeavor, while providing leadership and noteworthy service to the Alumni Association, University or community. This award is named in memory of Ed Schmidt, a 1942 alumnus and a longtime supporter of the University and its Alumni Association.


The 2017 recipient of this award is Dr. Michelle Carey, of Temperance, Mich. Carey earned a bachelor of science degree from the College of Pharmacy and Pharmaceutical Sciences in 2011 and was awarded the doctor of pharmacy degree from that college in 2013, when she was the class valedictorian. Clinical pharmacist for St. Luke’s Hospital Anticoagulation Service, Carey is an active community volunteer. Secretary of the Toledo Academy of Pharmacy, she is a member of the American Pharmacists Association national new practitioner communications and networking committee. A member of the UT Alumni Association’s Board of Trustees, she is a regular volunteer at the University community care clinic, Notre Dame Academy, Blessed Sacrament Church and Bedford Goodfellows.