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Education:
J.D., Harvard Law School
B.A., Michigan State University
Professor Rains is one of Penn State Dickinson’s
most widely published and traveled faculty members.
His fields of special interest are family law, education
law, juvenile law and the law related to persons with
disabilities. He teaches courses in these areas,
directs the Disability Law Clinic, and, together
with Professor Tom Place, directs our Family Law
Clinic. Professor Rains is a member of the International
Society of Family Law and has lectured on family law
issues in England, Ireland, Italy, Austria, France and
Australia. He works extensively on legal issues relating
to disabled persons and Social Security benefits and
regularly appears as counsel or co-counsel for amici
curiae before the United States Supreme Court. He sits
on the Board of Directors of the National Organization
of Social Security Claimants' Representatives. A prolific
writer and contributor to academic and professional
journals, Professor Rains enjoys not only more traditional
forms of professional writing but also gets special
pleasure from writing about recent legal decisions in
verse and fable form; his “law verses” and
fables have been published in various legal and academic
journals.
Contact Information:
Email:
rer10@psu.edu
Phone: (717) 240-5241
Selected Publications:
“What the Erie 'Surrogate Triplets' Can Teach State
Legislatures about the Need to Enact Article 8 of
the Uniform Parentage Act (2000)," forthcoming,
56 Cleveland State Rev. 1, 2008.
"Three Parents?" forthcoming, Denning Law Journal, 2008.
"Mr. Dead," forthcoming, Green Bag, 2d, 2008.
"Social Security Disability Benefits: Abandon Proposed Rules," National Law Journal, February 18, 2008 (op-ed).
"The Captain and the Creditors," ABI Consumer Bankruptcy Committee, Vol. 6, No. 1, Jan. 2008 (legal fable) available at http://www.abiworld.org/committees/newsletters/consumer/vol6num1/The.html.
"Sitting Duck," The Complete Lawyer, Vol. 4, No. 2, 2008, (legal fable) available at http://www.thecompletelawyer.com/volume4/issue2/article.php?ppaid=6254 "The Driver Who Had an Open and Shut Case," The Complete Lawyer, Vol 4, No. 1, 2008 (legal fable) available at http://www.thecompletelawyer.com/volume4/issue1/article.php?ppaid=5887
"The Pedestrians Who Tried to Make a Mountain out of a Molehill," The Complete Lawyer, Vol 3, No. 6, 2007 (legal fable) available at http://www.thecompletelawyer.com/volume3/issue6/article.php?ppaid=5072 "A Marriage Made in Heaven," and "The Husband Who Lacked Imagination," Pennsylvania Family Lawyer, Vol. 29, No. 4, December 2007 (legal fables).
True Tales of Trying Times: Legal Fables for Today, Cambridge University Press, 2007. Published in England by Wildy, Simmonds & Hill Publishing and in the United States by Willow Crossing Press.
"The Squirrel Who Took On the Government,"
10 Green Bag, 2d, 401 (2007). (legal fable).
"Professional Responsibility and Social Security
Representation: The Myth of the State Bar Bar to Compliance
with Federal Rules on Production of Adverse Evidence,"
92 Cornell Law Review, 249 (2007).
"A Response to Bloch, Lubbers and Verkuil, The Social Security Administration's New Disability Adjudication Rules, A Cause for Optimism... and Concern," Cornell Law Review, 2007.
"Modern British Family Law in One Accessible
Volume," (book review), 25 Penn State International
Law Review, 707 (2007).
"The Criminals Who Miscalculated," 10 Green
Bag, 2d, 145 (2006). (legal fable)
"Two Tales of Trying Times," 28 Pennsylvania
Family Lawyer, 142 (2006). (legal fables)
"Disability and Family Relationships: Marriage
Penalties and Support Anomalies," 22 Georgia
State University Law Review, 561 (2006). Reprinted
in Family Law: Balancing Interests and Pursuing
Priorities, L. D. Wardle & C. S. Williams,
eds., Hein and Co., 2007.
"Legal Recognition of Gender Change for Transsexual
Persons in the United Kingdom: The Human Rights Act
1998 and Compatibility with European Human Rights
Law," 33 Georgia Journal of International
and Comparative Law, 333 (2005).
"A Family Fable and a Festive Fable," 26
Pennsylvania Family Lawyer, 136 (2005).
"The Clash of the Right to Identity of Adoptive Children vs. the Right of Privacy of Biological Parents," web published on the website of the 11th World Conference of the International Society of Family Law, reprinted in abridged version, Family Life and Human Rights, P. Lodrup & E. Modvar eds., Oslo: Gyldendal Norsk Forlag AS, 2004.
"Three Variations on a Christmas Theme,"
26 Pennsylvania Family Lawyer, 136 (2004).
"The Social Security Protection Act of 2004
and the Duty to Disclose Adverse Evidence," 26
Social Security Forum, 1 (2004). Reprinted
in Advanced Issues in Social Security Disability,
Pennsylvania Bar Institute, Pub. No. 2005-3999.
"A Slippery Slope," 8 Green Bag,
2d, 117 (2004). (casenote in verse)
"To Rhyme Or Not To Rhyme: An Appraisal,"
16 Law and Literature 1, Cardozo Law School,
(2004), reprinted in 26 Pennsylvania Family Lawyer,
53 (Sept. 2004).
"Adding Uncertainty to Uncertainty about Common
Law Marriage: PNC Bank Corp v. W.C.A.B. (Stamos),
813 A.2d 1269 ( Pa. Cmwlth. 2003)," 25 Pennsylvania
Family Lawyer 101, (2003).
"Nick-name," 25 Pennsylvania Family
Lawyer, 121 (2003). Reprinted in Teaching the
Law School Curriculum, S. Friedland & Gerald
Hess, eds., Institute for Law School Teaching, Carolina
Academic Press, 2004. (casenote in verse)
"Comparison of Delivery Systems for Protective Services and Related Legal Services for Victims of Domestic Violence Within a Major American State," with J. Muller-Peterson and A. C. Jacobsen, web published on the web site of the Griffith University Family Law Research Unit, reprinted in Family Law Processes, Practices and Procedures, J. Dewar and S. Parker eds., United Kingdom: Hart Publishers, 2003.
"Out on a Limb", 82 Oregon Law Review,
933 (2003). (casenote in verse)
"Sims v. Apfel: A Postscript and Unanswered Questions," Federal Bar Association Social Security Section Newsletter, 2003.
"Courting Canine Custody, A Domestic Doggerel,"
24 Pennsylvania Family Lawyer 112
(2002). (casenote in verse)
"The Case of the Vanishing Law Student," (casenote in verse), 4 Green Bag, 2d 463 (2002).
"A Discursive Essay on The Nature of Marriage
and Divorce in Italy and the United States,"
(co-authored with Avv. Gianluca Benedetti), 10
The Digest 1, The National Italian
American Bar Association Law Journal, Syracuse
University College of Law, (2002).
"Gerber v. Hickman, A Sperm Aside,"
(casenote in verse), 24 Pennsylvania Family Lawyer
57 (2002).
"Senate Bill 979 — Expanding the 'Jen
and Dave' Act," 24 Pennsylvania Family Lawyer
40 (2002).
"The Little Day Planner that Could", Green Bag, 2d, 2002, reprinted in B. Schwartz, R. Corrada, R. Brown, Administrative Law: a Casebook, 6th ed.; 2006. (casenote in verse)
"A Miracle Through the Mail," (casenote
in verse), 23 Pennsylvania Family Lawyer 63
( 2001).
"The Great Zacchini," in The First Amendment, E. Volokh, ed., New York: Foundation Press, 2001. (casenote in verse).
"When You Wish to Be an R," 4 Green
Bag, 2d, 333 (2001). (casenote in verse)
"Issue Waiver at the ALJ Level after Sims,"
25 Federal Bar Association Social Security Section
Newsletter, No. 3 (Spring 2001).
"The Evolving Status of Same-Sex Unions in Hawaii,
Alaska , Vermont and Throughout the United States,"
4 Contemporary Issues in Law 71, United Kingdom
(2000).
"Vermont Bends the Same-Sex Marriage Barrier:
Baker v. State," 4 Contemporary Issues
in Law 97, United Kingdom (2000).
"The Lawyer Who Saved Christmas," 22 Pennsylvania
Family Lawyer 79 (2000).
"The Reform of the Italian System of International
Private Law with Particular Regard to Domestic Relations
Issues," with A. Andrea Russo, 23 North Carolina
Journal of International Law and Commercial Regulation
271 ( 2000).
"Andrea's Adventures in Law Review Land,"
50 Journal of Legal Education 306 (2000).
"Issue Waiver in Social Security Appeals —
Sims v. Apfel in the Supreme Court," ABA
Admin. and Reg. L. News, Vol. 25, No. 3 (2000).
"The Judge is Always Right," 3 Green
Bag, 2d, 237 (2000). (casenote in verse)
"Debating Disability Design," 47 Federal
Lawyer 39 ( 2000).
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