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Joseph Tomain

Dean Emeritus and Wilbert and Helen Ziegler Professor of Law

Joseph P. Tomain is Dean Emeritus and the Wilbert & Helen Ziegler Professor of Law at the University of Cincinnati College of Law.

Joseph Tomain, Sidney A. Shapiro | March 24, 2025

‘Big’ Government Protects American Values in a Big Economy

We thank Shelley Welton for her generous comments about our book and for the two issues she raises about our argument that American history is a story of how the mix of government and markets has been based on respect for equality, liberty, fairness, and the common good. We appreciate the opportunity to engage in a dialogue on those issues.

U.S. Capitol in the sunshine in late autumn

Joseph Tomain, Sidney A. Shapiro | March 17, 2025

How Government and Markets Built America Together

Government has always been an essential part of American history, and this remains true today. Yet, as President Trump prepares, once again, to do his best to dismantle the administrative state, American history reveals why these efforts will ultimately fail. To appreciate that history, and what it means as the country moves into the Trump administration, we summarize key findings of our book.

Joseph Tomain, Sidney A. Shapiro | February 28, 2025

Trump Administration Sets Out to Create an America its People Have Never Experienced — One Without a Meaningful Government

The U.S. government is attempting to dismantle itself. President Donald Trump has directed the executive branch to “significantly reduce the size of government.” That includes deep cuts in federal funding of scientific and medical research and freezing federal grants and loans for businesses. He has ordered the reversal or removal of regulations on medical insurance companies and other businesses and sought to fire thousands of federal employees. Those are just a few of dozens of executive orders that seek to deconstruct the government. More than 70 lawsuits have challenged those orders as illegal or unconstitutional. In the meantime, the resulting chaos is preventing the government from carrying out its everyday functions.

Bryan Dunning, Joseph Tomain | February 7, 2025

A Trumped-Up Energy Emergency

On January 20 — otherwise known as Day One of Trump 2.0 — the president signed a barrage of executive orders, including one declaring a national energy emergency. While it is unsurprising that his policy priorities will reflect his long-standing antipathy toward climate protections and renewables — not to mention the fossil fuel industry’s financial support during his campaign — his attempt to frame this policy by declaring a “national energy emergency” is beyond disingenuous. We have faced real threats to energy security in the past and have weathered them through democratic processes, not by executive fiat, and this isn’t one.

Joseph Tomain | September 24, 2024

The Postliberal Apocalypse: Reviewing American Apocalypse: The Six Far-Right Groups Waging War on Democracy

T.S. Eliot was wrong. April is not the “cruellest month.” June is. In slightly over two weeks at the end of June 2024, the United States Supreme Court made mass murder easier, criminalized homelessness, partially decriminalized insurrection, ignored air pollution and climate change by curtailing agency actions, made it more difficult to fine securities and investment frauds, and deregulated political corruption while failing to affirmatively protect women with possibly fatal pregnancies. To this list, add the Court’s July 1, 2024, ruling effectively giving Donald Trump a pathway to an authoritarian presidency by delaying his criminal trials and then, as extralegal protection, effectively immunizing him from the worst of possible crimes. How did we get here? Rena Steinzor's new book, American Apocalypse, makes an important contribution to the literature examining the Right by bringing together several movements that have landed us where we are today.

Joseph Tomain | January 22, 2021

Biden Named Richard Glick as Chair of the Federal Energy Regulatory Commission. What’s Next for the Agency?

President Joe Biden named Commissioner Richard Glick as Chair of the Federal Energy Regulatory Commission (FERC) January 21. Glick succeeds Chairman James Danly. The Commission is expected to retain its Republican majority until Commissioner Neil Chatterjee's term is up on June 30. What's next for the agency?

Joseph Tomain | April 3, 2020

Precaution and the Pandemic — Part II

The coronavirus has already taught us about the role of citizens and their government. First, we have learned that we have vibrant and reliable state and local governments, many of which actively responded to the pandemic even as the White House misinformed the public and largely sat on its hands for months. Second, science and expertise should not be politicized. Instead, they are necessary factors upon which we rely for information and, when necessary, for guidance about which actions to take and about how we should live our lives in threatening circumstances.

Joseph Tomain | April 2, 2020

Precaution and the Pandemic — Part I

In this time of pandemic, we are learning about our government in real time – its strengths and weaknesses; the variety of its responses; and about our relationship, as citizens, to those we have elected to serve us. Most importantly and most immediately, we have learned the necessity of having a competent, expert regulatory structure largely immune from partisan politics even in these times of concern, anxiety, and confusion.

Joseph Tomain | August 21, 2019

The Hill Op-ed: Congress Should Support Clean Energy Research and Development

This op-ed was originally published in The Hill. For the past couple of years, President Trump's federal budget proposal has called for the elimination of a crucial Department of Energy program — the Advanced Research Projects Agency-Energy (ARPA-E). The agency’s mission is to fund high-risk/high-reward energy research — that is, research that has transformative potential for the nation’s economic and energy needs but that is deemed too […]