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About the Authors

Stephen M. McJohn

E-mail address:

Photo - Stephen M.  McJohn


BA, JD, Northwestern University


Northwestern University School of Law, magna cum laude: Articles Editor, Law Review;" Fellow, Juristin Program, German Academic Exchange Service, 1985-86; Clerk, Judge Emschbach, U.S.C.A., 7th Circuit, West Palm Beach, FL, 1986-87; Associate, Latham & Watkins, Chicago, 1987-91; Visiting Assistant Professor, Chicago-Kent, 1991-93; Assistant Professor, Suffolk, 1993-96; Associate Professor, since 1996.




  • Scary Patents, 7 :3 NW. J. TECH. & INTELL. PROP. (forthcoming 2009)
  • Cognition, Law, Stories, MINN. J. L. SCI. & TECH. (forthcoming 2009) (with Lorie Graham)
  • Patents: Hiding from History, SANTA CLARA COMPUTER & HIGH TECH. L.J. (forthcoming 2008)
  • A New Tool for Analyzing Intellectual Property, 5 NW. J. TECH. & INTELL. PROP. 101 (2006) (review essay)
  • Indigenous Peoples and Intellectual Property, 19 WASH. U. J.L. & POL'Y. 313 (2006) (with Lorie Graham)
  • Eldred’s Aftermath: Tradition, the Copyright Clause, and the Constitutionalization of Fair Use, 10 MICH. TELECOMM. & TCH. L. REV. 95 (2003)
  • The Paradoxes of Free Software, 9 GEO. MASON L. REV. 25 (2000)
  • Fair Use and Privatization in Copyright, 35 SAN DIEGO L. REV. 61 (1998)
  • Artificial Legal Intelligence, 12 HARV. J.L. & TECH. 241 (1998) (review essay)
  • Default Rules in Contract Law as Response to Status Competition in Negotiation, 31 SUFFOLK U. L. REV. 39 (1997)
  • Fair Use of Copyrighted Software, 28 RUTGERS L.J. 593 (1997)
  • The Impact of United States v. Lopez: The New Hybrid Commerce Clause, 34 DUQ. L. REV. 1 (1995)
  • Person or Property? On the Legal Nature of the Bankruptcy Estate, 10 BANKR. DEV. J. 465 (1994)
  • Assignability of Letter of Credit Proceeds: Adapting the Code to New Commercial Practices, 25 UCC L.J. 257 (1993)
  • On Uberty: Legal Reasoning by Analogy and Peirce's Theory of Abduction, 29 WILLAMETTE L. REV. 191 (1993)
  • The Flip Side of Twist Cap: Letters of Credit as Executory Contracts in Bankruptcy, 38 WAYNE L. REV. 1379 (1992)



Douglas J. Whaley

Photo - Douglas J. Whaley


B.A., University of Maryland, B.A. 1965

J.D., University of Texas Law School, with honors, 1968

Legal Practice

Chapman & Cutler, Chicago, Illinois, 1968-69

Schwartz, Kelm, Warren & Rubenstein (Of Counsel), 1986 to 1993

Consulting on cases from time to time with lawyers from all over

Academic Appointments

  • Indiana University Indianapolis Law School:  January 1, 1970 to June 30, 1976 (promoted to Full Professor July 1, 1974)
  • The Ohio State University College of Law: October 1, 1976 to date. Named the James W. Shocknessy Professor of  Law by the OSU Board of Trustees, 1987-2004.  Retired in 2004, and now Professor Emeritus.

Visiting Appointments

  • Visiting Associate Professor, University of North Carolina School of Law, August 1973 to May 1974 (on leave of absence from Indiana University)
  • Visiting Professor, Ohio State University College of Law, January 1976 to May 1976 (on leave of  absence from Indiana University)
  • Visiting Professor, University of California Hastings College of the Law, San Francisco, August 1982 to May 1983 (on leave of absence from The Ohio State University)
  • Visiting Professor, Boston College Law School, August 1999 to May 2000 (on leave of absence from The Ohio State University)

Bar Memberships  

  • State of Illinois (admitted November 14, 1968)
  • State of Indiana (admitted September 16, 1970)
  • State of Ohio (admitted January 23, 1985)
  • United States Court of Appeals, Seventh Circuit (admitted January 24,  1973)
  • United States District Court for the Southern District of Indiana (admitted September 16, 1970)
  • United States District Court for the Northern District of Illinois (admitted January 24, 1969)


  • Outstanding New Professor, 1970 71, an award created by the Indianapolis Law School Student Bar Association to honor Douglas Whaley at the end of his first full year of teaching (and awarded annually since then).
  • Black Cane Award, 1973, voted by the Indianapolis Law School students to the year's outstanding law professor.
  • Outstanding Professor Award, 1974, voted by the University of North Carolina law students to the law professor who has meant the most to them in their three years of law school.
  • Grimes Prize, 1972, best article written by a member of the Indianapolis Law School faculty (for the Creighton Law Review article, below).
  • Outstanding Professor Award, 1976, voted by third law year students at Ohio State University.
  • Distinguished Teaching Award, 1978, Ohio State Alumni Award (all OSU faculty are eligible; eight are awarded each year).
  • Outstanding Professor Award, 1988, voted by third law year students at Ohio State University.
  • Morris Weisman Memorial Award, 1988, Commercial Law League, annual award for substantial contribution to commercial law scholarship.
  • Outstanding Professor Award, 1995, voted by third law year students at Ohio State University.
  • Outstanding Professor Award, 2001, voted by third law year students at Ohio State University.

Professional Activities 

  • Consultant on negotiable instruments and bank collection to the managing editor of the Uniform Commercial Code Reporting Service (1980-1990).
  • Lecturer at Symposium of Construction Law sponsored by the Indianapolis Law School and the Indiana Subcontractor's Association, September 28, 1974, April 5, 1975, and September 27, 1975.
  • Lecturer at similar event February 16, 1978 for the builders Exchange of Columbus, at the Neil House in Columbus, Ohio.
  • Limited private legal practice devoted primarily to commercial matters. See, e.g., Zoss v. Royal Chevrolet, Inc., 11 UCC Rep. Serv. 527 (Ind. Super. Ct. 1972) (establishing the right of a consumer to make a dealer take back a "lemon" automobile).
  • Lecturer on Consumer Law at numerous institutes, programs, and club meetings (for example, the 1975 Law in American Society Foundations' 10th Annual  Summer Institute, Chicago, Illinois, or the ABA's televised Seminar on Consumer Law, January 30, 1986).
  • Lecturer at many Continuing Legal Education seminars; a sampling:
    Seminar on Commercial Law, University of Kentucky, Dec. 16, 1977;   Bankruptcy Seminar, University of Missouri Columbia, Oct. 17, 1980;
    Current Issues in Banking Seminar, University of Missouri Kansas City, Oct. 28, 1983; Banking Law Seminar, Indiana Continuing Legal Education Foundation, Indianapolis, Nov. 29, 1983; and Annual Bankruptcy Law Seminar, November 1988, December 1999, 2000, University of Texas, Austin, Texas.
  • Bar Review lectures given from 1973 to 1988.  First employed by Professional Education Corporation in Indiana (1973 1976).  From 1977 to 1987, employed by Josephson's Bar Review Course, and from 1977 to 1988 by Rossen's [BAR/BRI] Ohio Bar Review Course.
  • Formed Commercial Law Lectures, Inc., to give lectures on banking law throughout the United States; 255 six-hour lectures have been given in this series since 1984.
  • Speaker at Commercial Law League Annual Meeting, New York City, 2002           and 2003, giving talks on bankruptcy and consumer issues.
  • Presenter at Association of American Law School events: New Teachers Workshop (about ten times over the years, most recently 2004), annual meeting programs (again, about ten times, most recently in Montreal, June, 2005); Chair of AALS sections on two occasions.


  • PROBLEMS AND MATERIALS ON PAYMENT LAW  (Eighth edition, Aspen, 2008)
  • CASES, PROBLEMS, AND MATERIALS ON CONTRACTS (Fourth edition, Aspen, 2004) (Thomas Crandall, coauthor)
  • PROBLEMS AND MATERIALS ON CONSUMER LAW (Fourth edition, Aspen, 2006)
  • PROBLEMS AND MATERIALS ON DEBTOR-CREDITOR LAW (Third edition, Aspen, 2006) (Jeffrey Morris, coauthor)
  • Commercial Transactions segment, 1 COUSE'S OHIO FORM BOOK, Chapters 8 23 (with Douglas S. Roberts) (1984)


  • Impostors, Insurance and the UCC, 5 Creighton L. Rev. 60 (1971)
  • Forged Indorsements and the UCC's "Holder", 6 Ind. L. Rev. 45 (1972)
  • Forgery and the Holder in Due Course: The Commercial Paper Puzzle, 78 Commercial L.J. 277 (1973) (revision of Ind. L. Rev. article)
  • Tender, Acceptance, Rejection and Revocation   The UCC's TARR Baby, 24 Drake L. Rev. 1 (1974)
  • Negligence and Negotiable Instruments, 53 North Carolina L. Rev. 1 (1974)
  • Forward, Reflections of a Drafter, 43 Ohio St. L.J. 535 (1982) (moderated symposium of drafters of Uniform Commercial Code, AALS meeting, 1982)
  • Teaching Law:  Advice for the New Professor, 43 Ohio St. L.J. 125     (1982)
  • The Check Has Been Received But It Hasn't Cleared: Effect of the Expedited Funds Availability Act on Check Collection Under Article Four of the UCC, 94 Commercial Law Journal 1 (1989)
  • Paying for the Agony: The Recovery of Emotional Distress Damages in Contract Actions, 26 Suffolk U. L. Rev. 1801 (1992)
  • Gilbert and Sullivan at Law, a chapter in THE LAWYER AND POPULAR CULTURE: PROCEEDINGS OF A CONFERENCE (Fred B. Rothman & Co. 1993)      
  • The Dangerous Doctrine of Moore v. Bay, 82 Texas Law Review 73 (2003)
  • Teaching Law: Thoughts on Retirement, Ohio St. L.J., Fall 2007 (forthcoming)

Student Guides

  • Gilberts Summary of the Law of Commercial Paper (updated yearly)
  • Gilberts Summary of the Law of Secured Transactions (updated yearly)
  • Gilberts Summary of the Law of Sales (updated yearly)
  • Audio Cassettes on the Law of Contracts, the Law of Sales, the Law of Commercial Paper, and Consumer Law (all distributed by Sum and Substance, Inc.)