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Howard N. Fenton III

Title: 
Director, Center for Democratic Governance and Rule of Law
Office: 
Tilton Hall #159
Phone #: 
419-772-2233 / 419-772-3582
Fax #: 
419-772-3583
Email: 
h-fenton@onu.edu
Biography: 

Professor Fenton graduated from the University of Texas School of Law in 1975, where he was a member of the Law Review. Upon graduation, Professor Fenton entered practice in Washington, D.C., specializing in the practice of federal legislative and regulatory law. He joined the International Trade Administration of the U.S. Department of Commerce in 1979, where he served as director of the Compliance Policy Division for the Office of Antiboycott Compliance. 

In 1984, Professor Fenton began his teaching career at Catholic University of America's Columbus School of Law, where he lectured on International Trade Law. In the fall of 1984, he joined the faculty at the Mississippi College School of Law in Jackson, Mississippi. There he taught Contracts, Administrative Law, and International Business Transactions, and was twice named "Outstanding Freshman Professor." Professor Fenton came to Ohio Northern in 1988, and served as associate dean for academic affairs for five years in addition to being professor of law. He served as interim dean of the College of Law for the 1995-96 year. He helped develop the school's new Democratic Governance and Rule of Law LL.M. program beginning in 2004, and was appointed the first director of the program in 2006. Professor Fenton has taught first year Contracts, Public International Law, International Business Transactions, and Administrative Law, and now teaches Comparative Administrative Law and the Rule of Law Seminar in the LL.M. program. 

He is the former chair of the International Law Committee of the Ohio State Bar Association, and one of fewer than 200 U.S. lawyers approved to hear disputes under the North American Free Trade AGreement, serving on six NAFTA dispute panels. He is also the author of numerous influential articles on U.S. international trade regulation. Professor Fenton has served as an advisor to the governments of Ukraine, Georgia, Armenia, Bosnia Herzegovina, and Uzbekistan on administrative law reform and recently co-authored a guide to administrative law reform for U.S. State Department foreign aid officers. 

Other Information

Interim Dean 1995-1996

Education: 
J.D., with Honors, University of Texas School of Law
B.S., with Honors, University of Texas at Austin
Bar Admissions: 

Ohio
Texas
District of Columbia

Teaching Interests: 

Administrative Law
Comparative Law 
Contracts
International Business Transactions 

Faculty Activities
Books: 

Co-author, “Using Administrative Law Tools and Concepts to Strengthen USAID Programming: A Guide for USAID Democracy and Governance Officers” (United States Agency for International Development, U.S. Department of State) February 2008.

Chapter 2 “The Establishment and Development of Administrative Justice. Main Models of Administrative Justice”; Chapter 8 “Decisions of the European Court of Human Rights on Issues of Administrative Justice. The Procedure for Execution of Decisions of the European Court of Human Rights.” ADMINISTRATIVE JUSTICE IN UKRAINE: PROBLEMS OF THEORY AND PRACTICE (A RESOURCES MANUAL FOR JUDGES) (High Administrative Court of Ukraine 2007).

Co-author, “Chapter 7: Local Administrative Agency Actions”, OHIO ADMINISTRATIVE LAW HANDBOOK AND AGENCY DIRECTORY (West Group, 2000, annual updates through 2008).

United States Antiboycott Regulations, Book 10, in LAW AND PRACTICE OF U. S. INTERNATIONAL TRADE REGULATION (1987) (revised 1989, 1992, 1994, 1997).

Commerce Department Antiboycott Activity-Fiscal Year Summary, International Boycotts, in BUSINESS LAWS INC. (1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993-94, 1995, 1996, 1997).

The Decline of the ArabBoycott of Israel as an Issue inU.S. - Arab Economic Relations, in IMPEDIMENTS TO U.S.-ARAB ECONOMIC RELATIONS 45 (1989).

Articles: 

Return to Sender: The Remand Puzzle in Ohio Administrative Law, 24 OHIO NORTHERN UNIVERSITY LAW REVIEW 395, (2003).

Contributor, Selected Issues, Challenges and Strategies, The World Bank Forum on Judicial Reform in Eastern Europe and the Former Soviet Union, St. Petersburg, Russia, July 2001.

An Essay on Administrative Law Reform in the Former Soviet Union, 7 JOURNAL OF EAST EUROPEAN LAW 47, East European Law Center, Columbia University, (2000).

Survey of Ohio Administrative Law 1994-95, 22 Ohio N.U. L. Rev. 963 (1996).

A New Era for Administration and Judicial Review of Foreign Trade Zones Board Decisions, 4 MINNESOTA J. OF GLOBAL TRADE 223 (1995).

Survey of Ohio Administrative Law 1992-93, 20 OHIO N.U. L. REV. 379 (1993).

The Fallacy of Federalism in Foreign Affairs: State and Local Foreign Policy Trade Controls, 13 NW. J. INT'L. L. & BUS. 563 (1993).

Reforming the Procedures of the Export Administration Act: A Call for Openness and Administrative Due Process, 27 TEX. INT'L. L.J. 1 (1992).

International Economic Sanctions: Improving the Haphazard U.S. Legal Regime, 20 LAW &; POL'Y INT'L BUS. 795 (1989) (book review).

State and Local Anti-Apartheid Laws: Misplaced Response to a Flawed National Policy on South Africa, 19 N.Y.U. J. INT'L. L. & POL. 883 (1987).

United States Antiboycott Laws: An Assessment of Their Impact Ten Years After Adoption, 10 HASTINGS INT'L. & COMP. L. REV. 211 (1987).

Congress, the Executive Branch, and Special Interests: The American Response to the Arab Boycott of Israel, 30 FED. BAR J. & NEWS 295 (1983) (book review).

States Rights and the Antiboycott Provisions of the Export Administration Act, 30 COLUM. J. TRANSNAT'L. L. 517 (1982).

Note, 53 TEX. L. REV. 178 (1975).

Antiboycott Report: FY1992 Activities, 16 MIDDLE E. EXECUTIVE REP. 8 (Jan. 1993).

U.S. Department of Commerce Antiboycott Activity in 1991, 15 MIDDLE E. EXECUTIVE REP. 9 (Mar. 1992).

Local Anti-Apartheid Laws: Movement Towards Validation?, 58 CORP. COUN. INT'L. ADVISER, Mar. 1990, at 9.

Statute of Limitations May be Reduced for Antiboycott Cases, 14 BOYCOTT L. BULL., Mar./Apr. 1990, at 3. Columnist, September 1984 to April 1987, BOYCOTT L. BULL. Discussion of current issues in the interpretation and application of U.S. antiboycott laws.

Op-Eds: 

Op-ed articles on U.S. political trade regulations in CHRISTIAN SCIENCE MONITOR, CLEVELAND PLAIN DEALER, HOUSTON CHRONICLE, COLUMBUS DISPATCH, DETROIT NEWS, ATLANTA JOURNAL - CONSTITUTION, 1990-94

Presentations: 

Presentation, The Importance of a Sound System of Administrative Justice in Economic Development and Foreign Investment, First Central and Eastern European Rule of Law Symposium, Sofia Bulgaria, June 2007

Presentation, Over Reliance on Judicial Review in Constitutional Reforms, panel on “Constitution Making and the Rule of Law.” Annual Meeting of the International Law Students Association, Washington, D.C., March 2007.

Presentation, Public Access to Information and Participation in Administrative Law, Conference on International Court Proceedings: Problems and Development Prospects, Supreme Court of Kazakhstan, Astana, Kazakhstan June 2005.

Presentation, Delivering Government to the People: The Role of Administrative Law Reform in Transitional States, Training Program for USAID Democracy and Governance Officers, Washington, D.C. December 2003.

Moderator, Introduction to Judicial Review of Administrative Decisions in Ohio and Judicial Review of Local Government Administrative Actions, Ohio State Bar Association Annual Convention, Administrative Law Committee Program, May 7, 1998 (1998 Course Outlines, Vol. 2 at 399, 409).

Presentation, Doing Business With China: U.S. Government Restrictions and Regulations, Ohio CLE Institute “Business and Legal Opportunities in the Emerging China Marketplace”, April 23, 1997 (Ref. Manual 91-97, Chapter 5).

Presentation, An Update on Administrative Law in Ohio Courts, Ohio State Bar Association Annual Convention, Administrative Law Committee Program, June 5, 1997 (1997 Course Outlines, Vol. 2 at 420).

Presentation, Competitiveness Council and Abuse of the Regulatory Process, National Conference of State Legislatures Annual Convention, Joint Meeting of Law & Justice, Human Services and Environmental Commission, July 1992.