RES IPSA LOQUITUR Faculty News

Chapman University School of Law Faculty Update

Available online at: www.chapman.edu/law/law-faculty/res-ipsa-loquitur.aspx

SPRING EDITION 2013

MICHAEL BAZYLER presented “Lawyers DANIEL BOGART published the 19th, 20th st as Perpetrators of Genocide; Lawyers as and 21 releases of the treatise FRIEDMAN ON Resisters to Genocide; Lawyers as LEASES. Bystanders to Genocide,” at the Genocide Prevention Conference at the University of Danny presented “Big Deals in Court” at Southern California. Commercial Real Estate Financing 2012, as part of a Practising Law Institute program on TOM BELL published Five Reforms for commercial real estate financing in Chicago, Copyright in COPYRIGHT UNBALANCED: Illinois. FROM INCENTIVE TO EXCESS; Principles of Contracts for Governing Services in TOM CAMPBELL published both GRIFFITH LAW REVIEW; No Exit: Are California Can Care for Its Uninsured and Honduran Free Cities DOA? in THE Better than the Buffet Rule in the LOS FREEMAN; and, Tom W. Bell on Laws of ANGELES TIMES. Creation in the ANTITRUST AND COMPETITION POLICY BLOG. Tom presented “Severability of Statutes— Applications to the Challenge to Pres. Tom presented “Five Reforms for Copyright” Obama’s Health Care Plan”; “Congress and at the Cato Institute in Washington, D.C. and the President: Dividing the Power of War” the Institute for Humane Studies in for the Pacific Club: Distinguished Speakers Arlington, Virginia; “The Origins and Committee; “How Does Congress and Nature of Law” at the Students for Liberty California Legislature Operate on a Personal Regional Conference at Pepperdine Basis” at the University Synagogue in Irvine; University; “Living Lives that Respect “Leadership in Government: Why Consensus Liberty” at the Students for Liberty Has Broken Down, and What Can Be Done Northwestern Regional Conference at the to Fix It” at the OC Leadership Conference; University of Washington, Seattle; “What “Perspectives on Economic Recovery” for Can Democracy Learn from Corporate the UCLA Anderson School of Business & Law?” at Chapman University School of Economic Forecast; “Getting to Successful Law; and, “Old States v. New Cities: Who Collaboration in Government and Political Will Win?” at Libertopia in San Diego. Context” for the Orange County Bar Association; “The Political Process, Why It’s Tom discussed “A Bet or a Prediction? Broken Down, and What We Can Do to Fix Intrade’s Purpose Is Debated” on “All It” for the Riverside Bar Association; and, Things Considered” on National Public “What’s Wrong With the Political System Radio. and What Can We Do to Fix It” for the

Res Ipsa Loquitur: Faculty News 1 Orange County Stanford Law School Alumni Giving” at the Chapman University Chapter. Tom also participated in a Dialogue, Advancement Committee. “Why Be Just,” with Prof. Elie Wiesel at Chapman University. JOHN EASTMAN published From Plyler to Arizona: Have the Courts Forgotten About Tom was a panelist at the American Corfield v. Coryell? in the UNIVERSITY OF Academy of Arts and Sciences Commission CHICAGO LAW REVIEW; and Hidden Gems in on the Humanities and Social Sciences the Historical 2011-2012 Term, and Beyond Conference in Washington, D.C.; and, “The in the CHARLESTON LAW REVIEW. John also State of California’s Role in U.S. Foreign published 2012 SUPPLEMENT TO AMERICAN Policy” at the Council of Foreign Relations CONSTITUTIONAL ORDER: HISTORY, CASES, in Los Angeles. AND PHILOSOPHY (LexisNexis).

Tom also moderated the Gibson Dunn & He was a presenter at the John Marshall Crutcher and BRG Conference on Fellows Seminar in Newport Beach; and the Enforcement of Foreign Judgments in San Immigration Law & Institutional Design Francisco. Conference at the University of Chicago Institute for Law & Economics. He also MARISA S. CIANCIARULO published presented “Threats to the Rule of Law” at the The “Arizonification” of Immigration Law: Heritage Foundation Annual Leadership Implications of Chamber of Commerce v. Conference in San Diego; and, “Conference Whiting for State and Local Immigration on the Natural Law” at the James Wilson Legislation in the HARVARD LATINO LAW Fellows Program for Amherst College and REVIEW. the Claremont Institute in Washington, D.C.

Marisa presented “The “Arizonification” of John was named Lawyer of the Year by the Immigration Law” at the Public Sociology Federalist Society, Los Angeles Lawyers Conference on Faceless Latino/a Immigrants Chapter and was featured as a “Super at Chapman University; and, “Labor Professor” at FACULTYROW.COM. Trafficking in the United Stated: The Global Horizons Case” at the Whittier Law Review DONALD KOCHAN published A Legal Symposium on Human Trafficking. Overview of H.B. 148–Utah’s Transfer of Public Lands Act, a Federalist Society for Marisa was elected co-chair of the AALS Law & Public Policy Studies White Paper. Section on Clinical Legal Education, and co- organized the Chapman Emerging Scholars Donald presented “The Law and Economics Conference with the College of Educational of Corporate Social Responsibility” at the Studies. Hamline University School of Law Federalist Society in St. Paul, Minnesota; “The Alien BOBBY DEXTER presented at the Critical Tort Statute, Kiobel, and the Perils and Perspectives in Tax Policy Workshop at Illegitimacy of Creating Corporate Liability University of Washington School of Law; in International Law” at the Federalist Law and Society Annual Meeting in Society Student Chapter at the University of Honolulu, Hawaii; and Critical Tax Arizona School of Law; “Proposition 8, Conference at Seton Hall University School Constitutional Law v. Policy, and Same Sex of Law in Newark, New Jersey. Marriage in an Anti-Interference Perspective on Equality” at Benjamin N. Cardozo School FRANK DOTI presented “Impact of the of Law, University of California-Davis Fiscal Cliff Tax Law Changes on Charitable School of Law, California Western School of

Res Ipsa Loquitur: Faculty News 2 Law, and University of California Irvine REVIEW; and, UNDERSTANDING CAPITAL School of Law. He also presented on Kiobel PUNISHMENT LAW (LexisNexis). v. Royal Dutch Shell Petroleum Co., an important forthcoming Supreme Court case Scott was elected as a Fellow in the addressing corporate liability for violations of American Bar Foundation. international law, at Seton Hall School of Law, Rutgers-Newark School of Law, MICHAEL B. LANG published Thinking William Mitchell College of Law, Hamline about Tax Malpractice in the ABA SECTION University School of Law Federalist Society, TAXATION NEWSQUARTERLY. Thomas M. Cooley Law School, University of Memphis, Creighton University School of Michael presented “Avoiding Tax Law, and Hofstra University School of Law. Malpractice” at the California Tax Bar Annual Income Taxation Seminar in Costa Donald was also a panelist on “Global Mesa; “Ethical and Related Issues in Using Governance vs. National Sovereignty: Is it Paralegal in a Tax or Estate Planning the West’s Next Great Ideological War?” at Practice” at the ABA Section of Taxation in the American Freedom Alliance in Los Boston, Massachusetts; “Tax Malpractice: Angeles; and, he participated in a Federalist Issues and Avoidance” at the BNA Tax Society “teleforum” debate on “The Future Management Income Tax Advisory Board in of Publicly Owned Lands.” New York; and, “Tax and Estate Planning Opportunities for Law School Graduates and ERNESTO HERNÁNDEZ-LÓPEZ the Value of a Tax LLM” at the University of presented “Multi-Plate Entrée’ to Social Maine Law School, University of Arizona Justice: Law’s Role in Access to Food in New James E. Rogers College of Law, University Orleans and Beyond” at the AALS Annual of Nebraska College of Law and Creighton Meeting in New Orleans; “Guantanamo” at University School of Law. the Third Annual Constitutional Law Colloquium at Loyola University, Chicago Michael organized and moderated “Avoiding School of Law; “War and Memory: Bearing Tax Malpractice” for the ABA Section of Witness to Loss in Everyday Life” at the Taxation 2012 May Meeting in Washington, University of Oregon School of Law D.C.; and, “Thinking about Tax Symposium; and, “The Migrant as Investor: Malpractice” for the Tax Link Live Untapped Rights in NAFTA Arbitrations?” at Teleconference for the ABA Section of both the Immigration Law Teachers Taxation. Michael also moderated “The Workshop at Hofstra University School of Proposed Amendments to Circular 230: How Law in New York and the Law and Society They Would Affect OPR’s Practice Standards Association Annual meeting in Honolulu, Oversight Activity, What Additional Hawaii, where he also moderated the panel Guidance and Requirements They Would “Constitutionalism Addresses Poverty and Establish and How Practitioners Should Economic Inequalities.” Respond” for the ABA Section of Taxation Midyear Meeting in Orlando, Florida. Ernesto organized, moderated and presented at various panels at the Society of Law HENRY NOYES published The Rise of the Teachers (SALT) Teaching Conference at the Common Law of Federal Pleading: Iqbal, University of Maryland School of Law. Twombly, and the Application of Judicial Experience in the VILLANOVA LAW REVIEW; SCOTT HOWE published Can California and, The Persistent Problem of Purposeful Save its Death Sentences? Will California Availment in the CONNECTICUT LAW REVIEW. Save the Expenses? in the CARDOZO LAW

Res Ipsa Loquitur: Faculty News 3 RICHARD E. REDDING published Likes symposium in Washington, D.C.; and, “The Attract: The Sociopolitical Groupthink of Law of Ethics and Complying with Foreign Social Psychologists in 7 PERSPECTIVES ON Corrupt Practices Act” at the ABA Section PSYCHOLOGICAL SCIENCE; and When the on Public Utility, Communications, and “Shrinks” Ignore Science, Sue Them in the Transportation Law Council Group Meeting SKEPTICAL INQUIRER. in Dana Point, California.

SUSANNA RIPKEN presented “Citizens Additionally, Ron has become a United, Corporate Personhood, and Distinguished International Research Fellow Corporate Power: The Tension Between at the World Engagement Institute. Constitutional Law and Corporate Law” at the Citizens United v. FEC Symposium at the ROBIN SLOCUM published An University of St. Thomas School of Law in Inconvenient Truth: The Need to Educate Minneapolis. Emotionally Competent Lawyers, in the CREIGHTON LAW REVIEW. RONALD ROTUNDA published PROFESSIONAL RESPONSIBILITY: A Robin presented “Improving Student Well- STUDENT’S GUIDE (Thomson/West); LEGAL Being While Better Preparing Students for ETHICS: THE LAWYER’S DESKBOOK ON the Practice of Law” at the 2013 AALS PROFESSIONAL RESPONSIBILITY Conference in New Orleans; “Teaching (Thomson/West); LEGAL ETHICS IN A Emotional Competency in the Legal Skills NUTSHELL (Thomson/West); and 2013 Classroom” at the 2012 Western Regional SELECTED STANDARDS ON PROFESSIONAL Legal Writing Conference at University of RESPONSIBILITY (Foundation Press). Oregon; “Building Better Lawyers Through Critical Self-Reflection” at the Institute for Ron also published Obama Tax-raising Law Teaching & Learning 2012 Summer Against JFK Precedent: Hiking Rates Will Conference at Gonzaga University School of Lose Money in the WASHINGTON TIMES; Law; and, “Rethinking ‘Thinking Like a Geithner’s “Story of Inflation” in the Lawyer:’ Towards a New Paradigm,” at the ORANGE COUNTY REGISTER; Evidence 2012 Bi-Annual LWI Conference in Palm Mounts Against Justice Kagan for Recusal in Desert, California. Robin was also a panelist ObamaCare Suit at FOXNEWS.COM; Kagan on “Transformative Learning in Higher Should Recuse from ObamaCare Case in the Education” at the Law & Transformative WASHINGTON EXAMINER; Obamacare vs. Learning Telesummit. Conscientious Beliefs in the ORANGE COUNTY REGISTER; Lessons of Watergate in VERNON SMITH published Commodity ORANGE COUNTY LAWYER; Prosecutorial Durability, Trader Specialization, and and Judicial Misconduct in the NATIONAL Market Performance in the PROCEEDINGS LAW JOURNAL; The Wrong Legal “Help” for NATIONAL ACADEMY OF SCIENCE; NY’s Poor in the NEW YORK POST; and, ObamaCare’s Flawed Economic ObamaCare Legal Battles Not Over in the Foundations in the WALL STREET JOURNAL; ORANGE COUNTY REGISTER. Adam Smith on Humanomic Behavior in the JOURNAL OF BEHAVIORAL FINANCE & Ron presented “What Citizens United ECONOMICS; and, Underwater Recession in Teaches Us,” at Gonzaga University; “The the AMERICAN INTEREST: POLICY, POLITICS & Law After the Sebelius Decision” at the CULTURE. University of Idaho; “Exporting American Freedom and the Influence of the U.S. Vernon presented “Balance Sheet Crisis: Constitution” at a Heritage Foundation Causes, Consequences and Response

Res Ipsa Loquitur: Faculty News 4 Scenarios” in Chile and at the CATO Money Conference in Washington, D.C.; and “Humanomics of Adam Smith” in Scotland and at the Antigua Experimental Economics Conference in Guatemala.

He was also a panelist on “50th Year of Experimental Economics” at the European Space Agency Conference in Tucson, Arizona.

Administrators & Law Librarians

DAVID FINLEY published updates to CALIFORNIA DISCOVERY CITATIONS (The Rutter Group/West); CALIFORNIA LAW AND MOTION AUTHORITIES (The Rutter Group/West); CALIFORNIA LAW AND MOTION MODEL FORMS (The Rutter Group/West); CALIFORNIA SUMMARY JUDGMENT AND RELATED TERMINATION MOTIONS (The Rutter Group/West); CALIFORNIA MOTIONS IN LIMINE (The Rutter Group/West); and FEDERAL MOTIONS IN LIMINE (The Rutter Group/West).

He presented “Teaching Law and Motion Practice: Harmonizing the Debate between Skills and Doctrine” at the Second Annual Western Regional Legal Writing Conference at the University of Oregon School of Law in Eugene, Oregon.

LORIN GEITNER published Social Architecture and the Law” in ORANGE COUNTY LAWYER MAGAZINE.

Res Ipsa Loquitur: Faculty News 5