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Abstract: This Article recounts the experience at the University of Cincinnati College of Law with the Associate Dean for Faculty Research and Development position in the hope that it may be of interest to those schools that either have a similar position or are contemplating establishing such a position. Along the way, we offer our thoughts on the respective roles of the Dean, Associate Dean, and Faculty in improving the quality, productivity, and visibility of a law school faculty and their scholarship. The Associate Dean position was established at Cincinnati two years ago to (1) promote excellence in scholarship and teaching, (2) facilitate and coordinate scholarly activities, and (3) publicize the scholarly activities of the faculty. Responding to the first two charges, the Associate Dean has worked to provide greater institutional support for faculty research at each stage of the production process in the form of various initiatives such as a Work-in-Progress Group, Summer Scholarship Series, Faculty Workshop Series, Scholar Exchange Program, and Law School Working Paper Series. In response to the third charge, the Associate Dean has ramped up our publicity efforts, using both old and new technologies in increasing faculty participation in our alumni magazine, monthly web-based faculty news, and periodic e-mail and print publicity. The Dean has revamped our system of scholarly incentives and rewards, combining elements of both the all-for-one-and-one-for-all approach and the eat-what-you-kill approach. In the end, all of these efforts are aimed at strengthening a scholarly community in which the whole is greater than its parts. The guiding ethos should be that a rising scholarly tide lifts all boats, and that when we row together we not only get to our common destination quicker and easier, it also makes for a more enjoyable and satisfying journey. Like the man who sets out to slay a whale armed only with a row boat and a faith that leads him to bring along a jar of tarter sauce, we come to this task armed only with the ideas described in this Article and a faith in our colleagues that allows us to experiment with different ways to build this scholarly community.
Abstract: Junk Economics is a review of Frank Ackerman & Lisa Heinzerling's book, Priceless. Priceless argues that cost-benefit analysis has been distorted for political reasons, especially during the current Bush Administration. The review describes the authors' argument and elaborates on the political implications of the continued use of cost-benefit analysis.
Cost Benefit Analysis, Economics
Abstract: Rethinking Reform starts with a thought experiment about the complete deregulation of electricity markets. The article goes on to discuss how the traditional model of utility regulation has served its useful purpose and must be replaced. The two recommendations made in the article include the use of marginal cost pricing and an array of smart energy technologies to create a better and more efficient energy policy.
Deregulation, Electricity, Markets, Utilities, Energy
Abstract: Nuclear Futures examines three scenarios for the future of nuclear power in light of current thinking regarding energy policy more broadly. The help situate the alternative policies, the article also provides a rough cost benefit analysis on how to think about adopting a particular nuclear policy. The article discusses a promotional nuclear policy as advocated by the current Administration and Department of Energy, Precautionary Nuclear Policy and the Smart Energy Policy that relies on market tests, alternatives to large scale capital intensive nuclear investments.
Energy, Nuclear Power
Abstract: A Code of One's Own is an essay exploring the idea that we can learn about professionalism by reflecting on the humanities. The paper is modeled on Virginia Woolf's A Room of One's Own which is a series of lectures in six chapters. The essay uses those chapters to develop the idea that lawyers, through self-reflection and observation, can develop a professional code of their own. The paper was developed through co-teaching a course entitled, Law in Literature and Philosophy as well as by attending the Aspen Institute and the Glenmoor Institute of Justice for the Legal Profession, which are both Great Books seminars that examine different aspects of law and society.
Abstract: Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both the areas of legal ethics and of professionalism are dynamic and both are a part of legal education and continuing professional education. Legal ethics and professional responsibility have been a required part of legal education since Watergate. Today, professionalism and professional training are becoming an increasing part of law school and post law school instruction. This article traces briefly the history of legal ethics in the United States and discusses the fundamental conflict that prevents aspiration and discipline from residing in the same space. Then it elaborates on the concept of professionalism and discusses current efforts to give content to professionalism for purposes of teaching it to law students and promoting it with lawyers.
Law and Philosophy, Jurisprudence, Virtue
Abstract: For over a century, the United States has operated under a consistent energy policy that has served the country well. Our Traditional Energy policy is based on three economic assumptions: private capital and markets create wealth and stimulate innovation; there is a direct and positive correlation between energy production and economic productivity; and economies of scale will enable us to produce more energy at lower cost. Events over the last four decades, however, have given cause to question that Traditional Energy policy. The damage from Hurricanes Katrina and Rita helped focus that questioning. Increasingly over that period, national and international policymakers have recognized that energy policy does not and cannot stand alone and apart from the environmental consequences of energy exploration, production, distribution, and use. The new path, or soft path, would substitute small-scale, clean, renewable energy production for large-scale, dirty, fossil-fuel energy-and nuclear-generated electricity. The soft path would open new markets, capitalize on new technologies, and create a more flexible, as well as a more efficient, structure for energy production, distribution, and use. The new path would rely on new technologies and market mechanisms to facilitate competition, economic growth, energy efficiency, and would provide resource, including environmental, protections. Unfortunately, the federal government has failed to take these developments seriously over the last several presidential administrations. Funding is where the rubber meets the proverbial road, and the playing field is still tilted heavily in favor of Traditional Energy despite the calls for new initiatives favoring new energy sources. This Article challenges the economic assumptions of the Traditional Energy policy and concludes that diversity, new technologies, and innovation are necessary for a future responsive to the new thinking.
Energy policy, environment, Katrina, resources
Abstract: Hurricane Katrina is a warning for the United States not only about disaster response but also about planning for a healthy and productive energy economy. The Energy Policy Act of 2005, signed into law only months before Katrina, continues a policy that has dominated our energy thinking for over a century. Neither the United States nor the world can continue on a path of increased fossil fuel burning without acknowledging the long-term, global, difficult to manage, and complex to understand consequences of climate change. This article advocates a significant energy transition away from that path to become less dependent on fossil fuels and more dependent on cleaner renewable and alternative fuels. An alternative energy policy has been developing over the last three decades that is based on the assumption that energy production has a direct impact on the quality of the environment, on national security, and on global relations, as well as on a healthy pro-growth economy. Katrina presents an opportunity to reevaluate the traditional policy and to engage in a transition to this new "smart" energy policy for a strong economic future.
Katrina, Energy, Environment, Natural Resources
Abstract: In examining the need to move away from traditional energy policy and toward Smart Energy, the article draws a connection between physicist Amory Lovins and singer Willie Nelson. Both believe that our country's century-old traditional energy policy no longer meets our needs. Rather, they feel that such an antiquated policy ignores the challenges that the country and the world face today. Smart Energy is not only a promising vision of the future, it is the only realistic vision. It is pro-growth, because it promotes the development of new industries and new technologies. Smart Energy is protective of the environment by promoting cleaner air, cleaner water, and sensitivity to climate change through the use of low-carbon and renewable energy resources. It is committed to competitive markets and government regulation to make those markets function. Responsive to energy security, Smart Energy promotes energy independence through multiple and distributed energy resources. Sensitive to national security, Smart Energy brings energy production back home from foreign ports. Furthermore, Smart Energy promotes democratic principles of accountability and transparency as it moves away from highly centralized energy firms. Finally, Smart Energy believes in maintaining the quality of life that we now enjoy.
Energy policy, environment, resources
Abstract: This draft paper describes the work of the two co-authors (Joseph P. Tomain and Michael L. Cioffi) with their experiences in J.D. and post-J.D. education linking legal ethics and professionalism to the humanities. This paper first provides a working definition of the humanities and then goes on to discuss the development of legal ethics and professionalism in the United States starting with the work of David Hoffman and George Sharswood taking it through the CPR, the Model Rules, and Ethics 2000. The paper also references key works on professionalism, including key ABA reports such as the MacCrate Report. The article closes with examples describing how Plato's REPUBLIC, Sophocles' ANTIGONE, and Machiavelli's THE PRINCE have been used to sharpen discussion of legal ethics and professionalism.
Abstract: This essay is part of a Symposium entitled "American Regulatory Policy: Have We Found A Third Way?" The paper looks at the changes in the regulation of what were once called public utilities and are now called network industries. Traditional regulation is described and compared with the current form and structure of the regulation of these industries. The paper makes the argument that, even though deregulation is occurring consistent with Third Way thinking, it is occurring not only because of changes in world global economic views. Rather, it is changing because of what traditional regulation has accomplished. Traditional regulation constructed the infrastructure for the country and now service is nearly universally available. The traditional form of regulation should now give way and be "renegotiated." This is not to say that government regulation of network industries should be abandoned, however. In fact, severe problems remain including stranded costs, open access, and competition between incumbents and entrants. Because of these remaining problems, government regulation will continue and, ironically, regulators may take more of an active monitoring role on the competitiveness of various industries. The future of regulation depends upon how competitive markets can be and how well consumers are served during the current regulatory generation.
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