Renowned sentencing scholar Douglas Berman will give the keynote address this week at The University of Toledo Law Review Symposium.

“Discretion Realized? Federal Sentencing Ten Years After United States v. Booker” will be the topic at the free, public event Friday, Oct. 16, at 8 a.m. to 3:30 p.m. in the Law Center McQuade Law Auditorium.

Ten years ago, the Supreme Court decided United States v. Booker, making the U.S. Sentencing Guidelines advisory. This has given district judges the discretion to sentence according to their own individual policy views. However, Congress has limited this discretion by enacting numerous mandatory minimum laws. These laws allow prosecutors to maintain a firm grasp over sentencing by charging offenses carrying mandatory minimum sentences.

This year, the UT Law Review Symposium will be an anniversary review of Booker and its aftermath in order to assess whether judicial discretion has been realized. Panels will cover four topics:
•  An overview of the state of sentencing post-Booker.
•  The effect of mandatory minimums on judicial discretion.
•  Views of federal judges on their discretion.
•  The future of sentencing reform, including proposed amendments to the guidelines.

Berman is the Robert J. Watkins/Procter & Gamble Professor of Law at Ohio State University’s Moritz College of Law. He is the creator and author of the widely read and cited blog, Sentencing and Law Policy. His keynote address, titled “The Punitive New Deal: Federal Sentencing Reform’s Place in Modern American History,” will be at 11:45 a.m.

For more information on the symposium, visit utole.do/lawsymposium.

The author of The Tsarnaev Brothers: The Road to an American Tragedy will give a talk at The University of Toledo about what led to the events of April 15, 2013, when two homemade bombs exploded near the finish line of the Boston Marathon, killing three people and wounding more than 260 others.

In the manhunt following the Boston Marathon bombing, Tamerlan Tsarnaev died, and his younger brother, Dzhokhar, was captured and charged on 30 federal counts.

Acclaimed Russian-American journalist Masha Gessen will discuss The Brothers: The Road to an American Tragedy Wednesday, Oct. 14, at noon in the Law Center McQuade Law Auditorium.

Following her free, public talk, she will sign copies of her book, which was named a Best Book of the Year by Time magazine.

An immigrant herself who came to the Boston area with her family as a teenager, Gessen returned to the former Soviet Union in her early 20s and covered firsthand the transformations that were wracking her homeland and its neighboring regions. It is there that the history of the Tsarnaev brothers began, as descendants of ethnic Chechens deported to Central Asia in the Stalin era.

In her book, Gessen follows the family in their attempts to make a life for themselves in one war-torn locale after another and then, as new émigrés, in Cambridge, Mass. She reconstructs the struggle between assimilation and alienation that ensued for each of the brothers, incubating a deadly sense of mission. And she traces how such a split in identity can fuel the metamorphosis into a new breed of homegrown terrorist with feet on American soil but sense of self elsewhere.

Gessen also is the author of the national best-seller The Man Without a Face: The Unlikely Rise of Vladimir Putin and Words Will Break Cement: The Passion of Pussy Riot. Her award-winning work has appeared in The New York Times, Slate, Vanity Fair and elsewhere.

Media Coverage
NBC 24 and WTOL 11 (Oct. 22, 2015)
The Blade (Nov. 17, 2015)

UT constitutional law Professor Lee Strang will deliver the John W. Stoepler Professor of Law and Values Installation Lecture on Monday, Sept. 21, at noon, in the McQuade Law Auditorium at The University of Toledo College of Law.

The free, public lecture is titled “Public Universities as Places of Constrained Debate: A Home for People of Good Will, Including Religious People.”

Strang

The lecture is one of a number of campus events taking place during the week of the inauguration of University of Toledo President Sharon Gaber.

Strang was named the John W. Stoepler Professor of Law and Values effective July 1. This fall, he is a visiting scholar at the Center for the Constitution at Georgetown University in Washington, D.C.

“Professor Strang is a wonderful scholar whose work has had a significant impact in the academy,” said D. Benjamin Barros, dean of the College of Law. “I have cited his work in my own scholarship. I am looking forward to his remarks about the role of the public university in our religiously pluralistic society.”

Americans deeply disagree about many important issues. From gun control, to marriage, from the size and role of government, to justice, Americans of good will see these issues differently. Public universities have traditionally been viewed as places where Americans of all stripes come together to debate and learn. The debate is vigorous, but respectful.

Strang will argue that this conception of the public university as a place of robust debate is threatened. He will show that public universities are under pressure to exclude religious citizens from their forums for debate. More precisely, he will discuss how recent shifts in politics, law, and culture have caused some universities to marginalize and exclude religious Americans. He will explain why excluding religious Americans from public universities would be a mistake, both for the universities and for our society.

Strang is the author of more than 20 law review publications, a multi-volume constitutional law casebook now in its second edition, as well as several book chapters and book reviews. He has published in the fields of constitutional law and interpretation, property law, and religion and the First Amendment.

Among other scholarly projects, he is currently editing the second edition of his casebook, writing a book titled “Originalism’s Promise and Its Limits,” and authoring a book on the history of Catholic legal education in the United States. He frequently presents at scholarly conferences and participates in debates at law schools across the country, and is regularly quoted in the media. He served as the College’s inaugural director of faculty research during the 2014-15 school year. At the College of Law, he teaches Constitutional Law, Property, Administrative Law, and other courses.

A graduate of the University of Iowa, where he was articles editor of the Iowa Law Review and a member of Order of the Coif, Strang also holds an LL.M. degree from Harvard Law School.

Before joining the Toledo Law faculty, Strang was a visiting professor at Michigan State University College of Law and an associate professor at Ave Maria School of Law. Prior to teaching, Strang served as a judicial clerk for Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and an associate with Jenner & Block LLP in Chicago, where he practiced general and appellate litigation.

The professorship is named after John W. Stoepler, the seventh dean of the College of Law. Stoepler was an alumnus and longtime faculty member before being named dean of the College in 1983. He served as interim president of the University in 1988.

The Stoepler Professorship of Law and Values is funded out of a bequest by Eugene N. Balk, a former general counsel of The Andersons, Inc.

Media Coverage
The Blade (Sept. 19, 2015)

The United States Supreme Court is set to vote on King v. Burwell, a lawsuit challenging the availability of tax subsidies for people who purchase health insurance under the Affordable Care Act.

Strang

If the challenge succeeds, millions of Americans who obtained health insurance through federal exchanges could lose their coverage.

Challengers argue that the ACA only allows subsidies to be received through state-run exchanges and that the regulation as implemented by the IRS, which provides for subsidies on both state-run and federal exchanges, exceeds authority granted by Congress.

“The language at issue is that only state-created exchanges are allowed to give subsidies,” said Lee Strang, professor of law at The University of Toledo. “However, only a few states set up exchanges.”

Congress does not have the power to force states to set up exchanges. In fact, 34 states have declined to do so.

Zietlow

“Massive, partisan, ‘you have to pass it to know what’s in it’ legislation is going to have errors,” Strang said. “These errors could have been avoided by deliberate, open, bipartisan reform efforts.”

According to Strang, if the challenge succeeds it could cause indirect harm to those who receive insurance through their employer because insurance companies would struggle to enroll enough customers to make their insurance plans feasible.

Rebecca Zietlow, Charles W. Fornoff professor of law and values at UT, echoed Strang’s concerns.

“This challenge is based on three or four words in a 1,000 page document,” Zietlow said. “The system is interconnected and companies are depending on people to buy insurance. If this passes, and people are no longer purchasing health insurance, it would completely destroy the market.”

Sirio

The ACA has had a profound impact on decreasing the number of hospital patients without health insurance. So far in 2015, just 1 percent of patients at The University of Toledo Medical Center UTMC have been uninsured, down from 4.5 percent in 2013.

“The impact on us is real,” said Dr. Carl Sirio, chief operating and clinical officer for UTMC and senior associate dean for clinical affairs for the UT College of Medicine and Life Sciences. “The outcome will have a ripple effect across the country, primarily on those states without their own exchanges.”

Ohio is one of the 34 states using a federal exchange. If the challenge passes, more than 150,000 Ohio citizens will be without health insurance.

To schedule an interview, contact Aimee Portala at 419.530.4279 or aimee.portala@utoledo.edu.

Media Coverage
13 ABC, WTOL 11 and FOX Toledo (June 25, 2015)
WTOL 11 (June 25, 2015)
The Blade (June 26, 2015)
WTOL 11 (July 5, 2015)
Leading Edge with Jerry Anderson (July 5, 2015)

The Andrea Taylor Sentencing Advocacy Workshop, presented by the Administrative Office of the U.S. Courts, Defender Services Office Training Division, will be held at The University of Toledo College of Law on June 11-13. Sixty court-appointed defense attorneys and federal defenders are expected to attend.

“This is an exciting opportunity for the College of Law to be a part of the significant change in the way criminal defense attorneys are approaching client advocacy,” said Jelani Jefferson Exum, professor of law and a sentencing expert.

Approximately 97% of federal criminal cases involve sentencing, and the workshop aims to prepare defense attorneys to advocate effectively for their clients during the sentencing phase. Participants will be trained to develop persuasive, fact-based, sentencing theories, and to advance those theories both in writing and during sentencing hearings. A draft agenda is available at www.fd.org.

The workshop consists of plenary sessions and small group breakout sessions. Current and admitted UT College of Law students are invited to attend the plenary sessions. Interested students should contact Mary Lynn Valdes-Dapena at 419.530.2882 or Mary.ValdesDapena@utoledo.edu to register.

Jelani Jefferson Exum, professor of law at The University of Toledo, has been invited to join the editorial board of the Federal Sentencing Reporter. The journal explores in detail sentencing law, practice and theory.

In her new role, Exum will pick a topic for one FSR issue each year and oversee production of that issue.

“Professor Exum has established herself as one of the top researchers and theorists in the highly important field of criminal sentencing,” said Daniel J. Steinbock, dean of the College of Law. “This appointment to the editorial board of a major journal in the field confirms her status as one of the leaders of the next generation of sentencing scholars.”

Two of Exum’s articles have previously been published in the Federal Sentencing Reporter: “Reflections of a First-Time Expert Witness” in December 2013, and “What’s Happening With Child Pornography Sentencing?” in December 2011. Exum also guest-edited the December 2011 issue on child pornography.

Exum mainly writes in the area of sentencing law and policy, but her research interests also include comparative criminal law and procedure and the impact of race on criminal justice. Before joining academia, she served as a law clerk for James L. Dennis, U.S. Circuit Judge for the Fifth Circuit Court of Appeals and Eldon E. Fallon, U.S. District Judge for the Eastern District of Louisiana. Exum is a graduate of Harvard Law School and Harvard College.

Published five times annually, each issue of the Federal Sentencing Reporter features articles, cases and other primary materials written by judges, prosecutors and defense attorneys, probation officers, scholars and members of sentencing commissions. The journal is published for the Vera Institute of Justice by the University of California Press.

A national leader in legal education and property law will become The University of Toledo College of Law’s next dean, pending approval by UT’s Board of Trustees, University officials announced today.

Benjamin Barros, associate dean of academic affairs at Widener University’s School of Law in Harrisburg, Pa., will be the college’s next leader following a national search.

Barros

“Ben Barros has extensive experience in legal education and in the practice of law at two of the nation’s top law firms, each with an international footprint,” said John Barrett, interim provost and executive vice president for academic affairs. “As dean, Ben will bring with him innovative educational approaches that respond to the changes in the legal profession and ensure our law graduates continue to leave UT a step ahead of their peers as they pursue employment.”

Barros said the strength of UT’s law school was one of the key components that attracted him to the position.

“UT’s law graduates have some of the best bar passage rates in both Ohio and Michigan and a big part of that is unquestionably the stellar faculty that comprise the College of Law,” Barros said. “Faculty are regularly advancing national legal conversations in their published scholarship and are frequently the voices media at a national level reach out to for expertise.

“The result is an alumni base that is very successful in the profession and holds many prestigious and influential positions across the country,” Barros said, also noting the college has positioned itself very competitively with its current tuition pricing.

Barros also emphasized the importance of a continued partnership with the local legal community for the college and UT’s students.

Prior to joining Widener University, Barros worked as an attorney at the law firm Latham & Watkins, LLP, and before that at Debevoise & Plimpton, both in New York City. He has taught at both Fordham University and Catholic University.

Immediately after graduating law school at Fordham, Barros clerked for Judge Milton Pollack of the U.S. District Court for the Southern District of New York. He has a bachelor’s and a master’s degree in philosophy from Colgate University and the University of Maryland, respectively.

Barros is the founding editor of the Journal of Law, Property, and Society. He was one of the youngest educators to serve on the Executive Committee of the Association of American Law Schools and has served as chair of the AALS Property Section as well as president of the Association for Law, Property, and Society.

Earlier this year he published a textbook on property law with Aspen and Wolters Kluwer and has been published in leading philosophy journals including Philosophy of Science and Synthese.

A recipient of Widener law school’s outstanding faculty award this spring, Barros said student success is the primary goal.

“The most rewarding part of being a law professor to me is seeing the transformation of my students in law school and following their career success,” he said.

Barrett also thanked Daniel Steinbock for his service as the college’s dean since 2011. He also served as interim dean in 2010.

“Under Dean Steinbock’s leadership, UT law graduates passed the bar exam at some of the highest rates in Michigan and Ohio,” Barrett said. “From faculty scholarship, to fundraising, to community engagement, Dan is leaving the deanship in a much stronger state. I know I speak for many when I say thank you for all he has accomplished on behalf of UT.”

Legal Community’s Reaction
“Ben Barros is an inspired choice to lead Toledo’s Law School in these challenging times. He is a superb property scholar whose work I deeply admire. But more importantly, he is an energetic leader; an institution builder; and an entrepreneur. I know he will be a terrific success.”
— Eduardo M. Peñalver, Allan R. Tessler Dean and Professor of Law, Cornell University Law School

“At a time of transformation in the legal profession, Ben Barros is exactly the type of dean law schools need as leaders. He is a superb scholar, he has a deep experience in practice, he has substantial administrative experience, and he is a thoughtful analyst of legal practice. Ben has the skills and insight needed to build for the future, and Toledo deserves congratulations on this wise choice.”
— Bill Treanor, Dean, Georgetown University Law Center

“Dean Benjamin Barros is one of the nation’s leading scholars of property law as well as a person of integrity and good judgment. The University of Toledo College of Law will be in good hands with him as the Dean.”
— Joseph William Singer, Bussey Professor of Law, Harvard Law School

“Ben Barros is one of the leading lights of the rising generation of leaders in legal education. He has already served as one of the youngest members of the Executive Committee of the Association of American Law Schools (AALS) and in that role has developed a deep understanding of the issues confronting law schools around the nation. Ben is currently chairing the first program committee for the AALS Annual Meeting, which constitutes the largest gathering of legal educators in the world. Under his leadership, new categories of programs have been developed and he has attracted a range of great speakers and panels for the 2016 meeting. Ben stands out for his ability to develop innovative approaches to every task he handles, and also inspires others to do their best work. He also is a charismatic speaker and writer. Legal education has already benefitted from his talent and skills — and will undoubtedly benefit more in the future.”
— Judith Areen, Executive Director, Association of American Law Schools

To download photo of Barros click image or utoledo.edu/media/downloads/BenjaminBarros.jpg.

Media Coverage
The Blade (May 26, 2015)
13 ABC (May 27, 2015)
The Blade (May 27, 2015)
The National Law Journal (May 28, 2015)

The National Football League announced Tuesday that it is relinquishing its tax-exempt status.

“I think there are two things the NFL is trying to avoid – hassle and exposure,” said Geoffrey Rapp, Harold A. Anderson Professor of Law and Values for The University of Toledo. “It’s tax-exempt status, like baseball’s antitrust exemption, adds little real value but it gives Congress a lever to hold hearings on any aspect of the NFL’s operations. By voluntarily giving this up, the NFL avoids future headaches at the hands of Congress.”

The NFL has been tax-exempt since 1942. However, all 32 teams pay taxes on their income, so the change will have little effect on the operation or function of the league.

During the annual meetings in March, the finance committee voted to change the tax status of the NFL’s league office and management council. Beginning with the 2015 fiscal year, the league office and management council will file returns as taxable entities.

“The NFL had attracted negative attention regarding the salaries it is forced to disclose as a nonprofit,” Rapp said. “Now, it has the same level of privacy as any non-publicly traded entity, to keep that information out of the public eye.”

To schedule an interview with Rapp, contact Aimee Portala at 419.530.4279.

Ken Kilbert, associate dean for academic affairs and professor at The University of Toledo College of Law, and director of the College’s Legal Institute of the Great Lakes, will unveil a report he co-authored that addresses the legal tools available to combat Lake Erie’s harmful algal blooms on Wednesday, April 15, at 9:30 a.m. at the National Museum of the Great Lakes in Toledo.

The report, “Moving Forward: Legal Solutions to Lake Erie’s Harmful Algal Blooms,” identifies legal tools available under Ohio and federal law. It was jointly authored by Professor Kilbert and Jack Tuholske, a visiting professor at Vermont Law School and the University of Montana Law School, and director of the Vermont Law School Water & Justice Program. Kilbert, Tuholske and Lucas County Commissioner Carol Contrada will be on hand to discuss the report’s recommendations.

Contact Rachel Phipps at 419.530.2628 to schedule an interview with Professor Kilbert.

Media Coverage
The Blade (April 15, 2015)
Toledo Free Press (April 15, 2015)
The Blade (April 16, 2015)
WTOL 11 (April 16, 2015)
WTOL 11 (April 20, 2015)
The Blade (April 25, 2015)

The Ohio Sixth District Court of Appeals will hold oral argument at The University of Toledo College of Law Wednesday, March 18, at 9 a.m. in the Law Center McQuade Law Auditorium.

The sessions are open to the public.

The court will hear argument in six cases. Arguments set for the session include a challenge to jury instructions in a criminal case, a sentencing question in a juvenile case, and a case where an employee seeks damages beyond workers’ compensation from a co-employee, a third party, and her uninsured motorist carrier.

The opportunity for students to observe judges and lawyers in a real court session is an important part of the college’s oral advocacy curriculum. First-year law students are required to attend Wednesday’s session as part of their Lawyering Skills curriculum.

“We are very grateful to the judges of the Court of Appeals for holding sessions at the College of Law every year,” said Daniel J. Steinbock, dean of the College of Law. “Students not only get to witness the arguments, but can engage with the judges and advocates in a question period afterward.”

The first session will begin at 9 a.m., and the second session will start at 10:15 a.m.

After adjourning, the court and counsel will hold a brief question-and-answer period.

More information is available on the court’s calendar and docket.