RES IPSA LOQUITUR FACULTY NEWS

Chapman University School of Law Fall 2008 Faculty Update

Compiled by the Office of the Associate Dean for Academic Affairs Available online at: www.chapman.edu/law/news/resipsa.asp

FALL EDITION NOVEMBER 2008

DEEPA BADRINARAYANA spoke to the Intellectual Property? to the Federalist International Law Section of the Orange Society in Woodinville, Washington. In County Bar Association about the Kyoto June, Tom also taught undergraduate and Protocol and the role of business. She graduate students in the Koch Summer presented a paper on climate change to a Fellow Program Seminar at the Institute for Conference on Climate Change and Humane Studies at James Madison Developing Countries organized by the University in Virginia. More recently, Tom Academy of Environmental Law of the delivered a presentation combining lecture World Conservation Union at the Faculty and some of his original songs at the West of Law of the University of Ottawa. Coast Conference of Students for Liberty at Stanford University. MICHAEL BAZYLER organized and moderated “The Road to Munich,” a panel Tom’s research on Law School rankings was discussion marking the 70th anniversary of recently discussed in the pages of the Wall Street the 1938 Munich Conference hosted by the Journal and the ABA Journal, and his work on Law School and the American Freedom prediction markets was discussed in Business Week Alliance. Michael was also quoted in a New and led to his submission, co-signed by 19 York Times article discussing the possible academics and professional traders of a joint sale and naming rights of a football stadium comment to the Commodity Futures Trading to Allianz, a Munich-based insurance Commission on Concept Release on Appropriate company with ties to the Nazi regime. Regulatory Treatment of Event .

TOM W. BELL will soon publish an article, DANIEL BOGART, as director of the law Private Prediction Markets and the Law, in school’s Center for Land Resources, the Journal of Prediction Markets. He organized and hosted an invitation-only recently published an article, The Specter of commercial leasing program for In-House Copyism v. Blockheaded Authors: How User- Counsel that was jointly sponsored by First Generated Content Affects Copyright Policy, American Title Insurance Company. in the Vanderbilt Journal of Entertainment Speakers included leading scholars in the and Technology. fields of commercial and residential leasing, and ethics. Attendees included prominent Tom had a busy summer and fall of lawyers including counsel for the Irvine presentations, including: The Political Company, L.A. Fitness, South Coast Plaza, Economy of Intellectual Property to the First American Title Insurance Company, Liberty Fund in Indianapolis; and What is CVS Drugstores, and Mimi’s Café.

Res Ipsa Loquitur: Faculty News 1 TIMOTHY CANOVA published an article, Katherine published an article, Roger Legacy of the Clinton Bubble, in the summer Dodger, in the Los Angeles Daily Journal issue of Dissent, a quarterly journal of on possible perjury charges against Roger politics and culture. He has spoken Clemens, and she was quoted on this issue in frequently on the global financial crisis, Los Angeles Times, abc.news.com, including addresses to the International Law mlb.com, and the Seattle Times. She also Section of the Orange County Bar appeared on numerous radio and television Association and the William B. Enright Inn shows in interviews on Guantanamo Bay and of of San Diego. Tim has been the War on Terror, and the trial of former interviewed on numerous radio programs and Orange County Sheriff Mike Carona. internet TV, and quoted in many newspapers and magazines throughout the U.S. and overseas. He was recently elected as a FRANK DOTI recently published Trustee and Executive Board member of the Law Flowcharts & Cases, a book featured in World Affairs Council of Orange County. the fall 2008 issue of Publications for First- Year Courses. Frank was recently invited by the California Board of Legal Specialization MARISA CIANCIARULO will soon to serve as a member of the Tax Law publish an article, What is Choice? Specialty Advisory Commission. Examining Sex Trafficking Legislation through the Lenses of Rape Law and Prostitution, in the 2009 symposium issue of JOHN EASTMAN recently published The the St. Thomas University Law Journal. American Constitutional Order: History, Cases, and Philosophy (2d ed., with co- Marisa’s work has been cited by leading editors, LexisNexis 2008 supplement). scholars in such journals as the U.C. Davis Law Review, Houston Law Review, Notre John has delivered several major addresses, Dame Law Review, and the University of including: “Supreme Court Review” before Michigan Journal of Law Reform, as well as the California Appellate Judges decisions by several , including Association in San Diego; “To What End California courts. Government?” to the annual local government conference of the Claremont Institute; and “Judicial Independence” to the KATHERINE DARMER served as Nevada Republican Assembly in Reno. moderator for a panel on A Retrospective on Justice O’Connor’s Legacy at the annual John spoke on a panel following the world Southeastern Association of Law Schools premier of “A Forgotten Injustice,” a (SEALS) conference in Palm Beach, Florida documentary film about the 1930s in July. She was a speaker and co-organizer “repatriation” to Mexico of Mexican of the recent Dean’s Dialogue on Proposition nationals and Americans of Mexican descent 8 that was co-sponsored by the law school in the wake of the Great Depression, and the Brigham Young University Law presented by Instituto Cervantes of School. Katherine published an op-ed in the Chicago. Orange County Register in opposition to Prop 8 and in support of same sex marriage John presented a paper on The Moral in California, along with other Chapman law Foundations of Liberty at the Freedom and faculty, Deepa Badrinarayana, Marisa the Law Conference at Utah State Cianciarulo, Jayne Kacer, and Francine University. He also took part in various Lipman. debates, including: “The Faith Factor: Does

Res Ipsa Loquitur: Faculty News 2 Religion Too Greatly Influence Presidential Guantánamo as Imperial Legal Construct to Elections,” hosted by the Law School and the 13th annual LatCrit Conference held sponsored by the Anti- League of at Seattle University School of Law; the Orange County; and debates against Dean Midwest Law and Society Retreat at the Erwin Chemerinsky on “Judicial University of Wisconsin-Madison School Independence” and “The Roberts Court,” of Law; the European Law Research Center sponsored by The League of Women Voters, at Harvard Law School; and the Faculty of California State University at Fullerton, and Law at the Universidad de Los Andes in the Association of Business Trial Lawyers of Bogota. San Diego. Ernesto was also included in the top 50 list of Colombian scholars at U.S. universities by RICHARD FALK published an article along Poder-Dinero, a leading business magazine with Hilal Elver entitled, Abusing the Rule of for the US and Latin America. He was Law in Turkey. He also published an essay, recently a panelist on “How to Become a Assessing the Georgian Crisis (18 VIII 08), Law Professor” at the Hispanic National Bar and a feature review of The Collapse of Association Annual Convention in Globalism and the Reinvention of the World Hollywood, California. by John Ralston Saul, in vol. 13 of New Political Economy. HUGH HEWITT published a Forward to In August, Richard was presented with the The New Media Frontier: Blogging, Distinguished Scholar Award of the Vlogging and Podcasting for Christ Human Rights Section of the American (Crossways, 2008), and Letter to a Young Political Science Association. Obama Supporter in The Pamphleteer Press in July. He continues to write a weekly column for Townhall.com. Hugh delivered a JOHN HALL took a group of law, film and lecture on “Washington, Lincoln and the humanities students to Cambodia for three Founders Integrity” at The Union League of weeks this summer to make a documentary Philadelphia in August. film about human rights, as the first project in Chapman’s new multidisciplinary program focusing on issues of international social SCOTT HOWE published a book chapter, justice. John has also published op-eds on “Roper v. Simmons: Abolishing the Death Cambodia and the Khmer Rouge Tribunal in Penalty for Juvenile Offenders in the Wake the Wall Street Journal (Asia), of International Consensus,” in Capital International Herald Tribune, Los Angeles Punishment Stories (Foundation Press, Daily Journal, and Cambodia Daily. 2008). He also published an op-ed, Harsh Prison Terms Might Work Better than Painless Executions, in the July 16, 2008, ERENSTO HERNÁNDEZ-LÓPEZ will edition of the Los Angeles Daily Journal. present on “The United States and Guantánamo, Cuba: racial constructs in Scott recently gave a talk, entitled Innocence imperial relations and ‘War on Terror’ on Death Row, to the World President’s detention” at Re-Orienting Whiteness Organization in Santa Ana, California, in Conference at Monash University in connection with the appearance of Kerry Melbourne, Australia in early December. Max Cook, his former death-row client from Texas who was later found to have been Ernesto recently presented his work on wrongly convicted.

Res Ipsa Loquitur: Faculty News 3 Scott has been appointed by the Western Francine recently accepted an appointment as Association of Schools and Colleges to serve an Associate Editor on the ABA Section of as an evaluator on an inspection team that Taxation/NewsQuarterly. recently visited Golden Gate University in San Francisco. CELESTINE McCONVILLE recently MIKE LANG has presented guest lectures participated in a Federalist Society debate on on tax strategies and tax and planning the legal aspects of the California Supreme opportunities at Golden Gate University Court’s opinion in In re Marriage Cases, as School of Law and at University of well as Proposition 8. Celestine argued in California Hastings College of Law, in San favor of the California Supreme Court Francisco. He spoke on Patented Tax decision and against Proposition 8. Strategies – Ethical Concerns for the Tax Lawyer and Estate Planner, at the American Bar Association 2008 Joint Fall CLE HENRY NOYES will soon publish his Meeting. article, Federal Rule of 502: Stirring The State Law Of Privilege And Mike also took chief responsibility for Professional Responsibility With a Federal drafting comments to the Commissioner of Stick, in the Washington & Lee Law the Internal Revenue Service on a range of Review. The article was also selected issues involving patented tax strategies. through a blind review process by the Association of American Law Schools (AALS) Section on Litigation for discussion FRANCINE LIPMAN published a chapter by a distinguished panel of the section at the on “The Undocumented Immigrant Tax” in Annual AALS Meeting in San Diego. Undocumented Hispanic Immigrants in the United States (Northern Texas University 2008). She also published an RICHARD REDDING published a research article, “Time is of the Essence: Seize the monograph, commissioned by the U.S. Opportunity for Fulfillment in 2009,” ABA Department of Justice, entitled Juvenile Tax Section, News Quarterly (Fall 2008). Transfer Laws: An Effective Deterrent to Delinquency? in the Juvenile Justice Francine recently presented on “The Bulletin (Aug. 2008). This research Undocumented Immigrant Tax: Enriching monograph was the subject of a recent New Americans from Sea to Shining Sea” at York Times editorial, The Case for Juvenile Northeastern People of Color (NEPOC) Courts. Conference on Education and the Economy: The Real Lives of People of Color at Boston Richard will soon publish a chapter, The University. She also served as a moderator President’s Brain (No, Not Karl Rove): How and panelist on “Rising Economic Inequality Bush’s Psyche Shaped his Presidency, in and the Role of Law” at the recent Judging Bush (forthcoming Stanford Southeastern Association of Law Schools University Press) (with R. Maranto). (SEALS) Annual Meeting.

Francine was recently invited to serve on the SUSANNA RIPKEN presented her research governing board of Athena International. project, Multiple Personalities Incorporated: She has been serving as a member of the Tax Accepting the Multi-Dimensional Policy Committee for Senator Barack Personhood of the Modern Corporation, Obama’s Presidential Campaign. at the Pepperdine University Law School.

Res Ipsa Loquitur: Faculty News 4 LARRY ROSENTHAL recently published Society, Mason Republicans/Federalist an article, The Emerging First Amendment Society, Los Angeles Federalist Society, Law of Managerial Prerogative, in the George Washington University School of Fordham Law Review. He presented this as Law, and University of Wyoming School of a paper at the annual conference of the Law. Southeastern Association of Law Schools (SEALS) in August, where it received the Kyndra recently provided testimony before Call for Papers Award. the U.S. Senate Judiciary Committee regarding Restoring the Rule of Law. She has Larry will soon publish another article, also been interviewed on numerous radio and Second Amendment Plumbing after Heller: television programs, including nationally Of Standards of Scrutiny, Incorporation, syndicated talk radio shows around the Well-Regulated Militias and Criminal Street country. She has appeared on such diverse Gangs, in the Winter 2009 issue of The programs as The Riz Khan Show on Al Urban Lawyer, a publication of the Jazeera, Hannity’s America on Fox News, American Bar Association. and Wyoming Public Radio. She has been quoted in a great many newspapers, Larry was one of twenty scholars on criminal magazines, and online publications, including procedure from throughout the country the Washington Post, USA Today, the invited to exchange ideas at the Criminal Virginia Lawyer, NewsBusters, National Procedure Discussion Forum at Emory Review Online, the Orange County Register, University School of Law in Atlanta in National Security, and CNS News.com. December. This year’s conference will focus on the Roberts Court and wrongful convictions. RONALD ROTUNDA published a chapter, Teaching Professional Responsibility and Ethics, in Bench and Bar Ethics 3 (Amicus KYNDRA ROTUNDA will soon publish Books, Icfai University Press, Hyderabad, The Origins and Original Meaning of the India 2007-2008). He also published a Spending Clause in the Encyclopedia of the Foreword, in Abortion Under State Supreme Court of the United States Constitutions: A State-By-State Analysis (forthcoming December 2008). She has also (Carolina Academic Press, Durham, N.C., co-authored a book and instructional DVDs 2008); and Impact, in Diversity at Mason about military disability benefits with (George Mason U. 2008). lawyers from the National Veteran’s Legal Services Program (NVLSP) (forthcoming Ron published several op-eds, including LexisNexis). Simplify, Simply: A Mantra for Transcendentalists and Tax Reformers Alike, Kyndra has published numerous op-eds in the Los Angeles Daily Journal; and Age related to her recently published book, Honor Has Not Withered Him in The Legal Times. Bound: Inside the Guantanamo Trials, including in the Washington Times, the Ron’s work has been cited by several courts, Chicago Tribune, the New York Sun, and including the United States Court of Appeals Marineparents.com. She has also spoken for the 5th Circuit, Federal District Court on these issues at numerous venues, (Eastern District of Michigan), and the including the Republican National Lawyers Tennessee Court of Appeals. Association Annual Convention, the Morton Blackwell Leadership Institute, the Heritage Society, the Inland Empire Federalist

Res Ipsa Loquitur: Faculty News 5 ROBIN WELFORD SLOCUM is visiting Investigation of Hobbesian Jungles, and this semester at the Marquette University Language Games of Reciprocity in the Journal Law School in Milwaukee, Wisconsin, of Economic Behavior and Organization; and where she is the Boden Visiting Professor of in the Journal of Economic Behavior and Law. She presented on excellence in Organization. teaching at the Bi-Annual Legal Writing Institute Conference in LRW and Bart served as a Fulbright Senior Specialist, Lawyering Skills in Indianapolis this past at the University of Economics in summer. Bratislava, Slovakia for two weeks in October. He was also the featured scholar (for lectures and experiments) for high VERNON SMITH co-authored a chapter, school, community college, and university Exogenous Uncertainty Increases the Bid- teachers of economics for seminar entitled, Ask Spread in the Continuous Double Understanding Choice and Liberty: The Auction, in the Handbook of Experimental Contributions of Experimental Economics, Economics Results, vol. 1 (which he co- sponsored by the Foundation for Teaching edited). He also co-authored a chapter, Economics and the Liberty Fund. Building a Market: From Personal to Impersonal Exchange, in Moral Markets: The Critical Role of Values in the CAROLYN YOUNG recently presented on Economy. How to Effectively Critique Externs’ Written Work to more than 70 local attorneys and Vernon has published several recent op-eds, judges at the 3rd Regional Supervision including There’s No Easy Way Out of the Forum hosted by the Greater Los Angeles Bubble and Don’t Let Google Freeze the Consortium on Externships (GLACE). Airways in the Wall Street Journal online, and other essays in Forbes.com and the Wall Carolyn also wrote the amicus brief in the Street Journal. case of Miller v. California Speedway Corporation, __F.3d__ (9th Cir., Aug. 8, 2008), 2008 WL 3169130, which achieved a JOHN TEHRANIAN’s new book reversal in favor of the plaintiff, a wheelchair Whitewashed: America’s Invisible Middle user who could not see the car races he Eastern Minority (New York University attended at the Speedway when fans stood up Press) will be released on December 1, 2008. in front of him. The Ninth Circuit became He also appeared recently in “Sometimes only the second Circuit Court to hold that White,” in the Chronicle of Higher stadiums and concert halls where patrons are Education’s special supplement on expected to stand during the event must “Diversity in Academe.” design their facilities so that patrons who use wheelchairs can still see the event over the heads of standing spectators. BART WILSON recently published several co-authored articles, including: Experimental Gasoline Markets, in the Journal of Economic Behavior and Organization; Fixed Revenue Auctions, in Economic Inquiry; Historical Property Rights, Sociality, and the Emergence of Impersonal Exchange in Long-distance Trade, in the American Economic Review (with Vernon Smith); and two articles, An Experimental

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ADMINISTRATORS, STAFF & LAW LIBRARIANS

ISA LANG has recently published “Wrestling with an Elephant: A Selected Bibliography and Resource Guide on Global Climate Change” in the Law Library Journal.

GEORGE WILLIS recently served as moderator for a panel, “Tax Aspects of Identity Theft,” at the American Bar Association Section of Taxation meeting in San Francisco.

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