Faculty Activities

Spring-Summer 2012

Selected Faculty Publications and Presentations for Spring and Summer 2012

Robert Anderson IV

Article
Law, Fact, and Discretion in the Federal Courts: An Empirical Study, 2012 Utah L. Rev. (forthcoming).

Babette E. Boliek

Article
FCC Regulation Versus Antitrust: How Net Neutrality Is Defining the Boundaries, 52 B.C. L. Rev. 1627 (2011).

H. Mitchell Caldwell

Books
Criminal Mock Trials (Vandeplas forthcoming).

Criminal Pretrial Advocacy (Vandeplas forthcoming).

Articles
Coercive Plea Bargaining: The Unrecognized Scourge of the Justice System, 61 Cath. U. L. Rev. 829 (2011). 

Timeless Advocacy Lessons from the Masters, Am. J. Trial Advoc. (forthcoming).

Other Activities
Caldwell continues to coach the highly successful Pepperdine trial teams.

Carol A. Chase

Citations and References
Chase was quoted in the article, “Rockefeller” Trial Hampered by Lack of Physical Evidence, The Boston Globe, January 2012.

Donald Earl Childress III

Book
The Role of Ethics in International Law (Donald Earl Childress III, ed., Cambridge University Press 2011).

Book Chapters
The Concept of Law in Transnational Dispute Resolution, in Legal Positivism in International Legal Theory (Mark E. Herlihy, ed., Cambridge University Press forthcoming).

Introduction, in The Role of Ethics in International Law (Donald Earl Childress III ed., Cambridge University Press 2011).

The Role of Ethics in Private International Law, in The Role of Ethics in International Law (Donald Earl Childress III ed., Cambridge University Press 2011).

Articles

The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation, 100 Geo. L.J. 709 (2012).

Forum Conveniens: The Search for a Convenient Forum in Transnational Tort Cases, 52 Va. J. Int’l. L. (forthcoming).

Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction, 54 Wm. &. Mary L. Rev. (forthcoming).

Presentations

The Concept of Law in Transnational Dispute Resolution, speaker, American Society of International Law, Washington, D.C.

Forum Conveniens, speaker, Virginia Journal of International Law Annual Symposium, Charlottesville, Virginia.

Projecting U.S. Legal Norms Abroad, speaker, The Constitution and the World Conference, Stanford Law School, Stanford, California.

Transnational Litigation and Civil Procedure, speaker, Our Courts and the World Conference, Southwestern Law School, Los Angeles, California.

Jack J. Coe, Jr.

Book Chapter

Restatement of Law (Third) International Commercial Arbitration (ALI forthcoming).

Richard L. Cupp, Jr.

Articles

Children, Chimps, and Rights Arguments from “Marginal” Cases, Ariz. St. L.J. (forthcoming 2013).

Seeking Redemption for Torts Law, 27 J.L. & Relgion 101 (2011) (reviewing Timothy D. Lytton, Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse (Harvard University Press 2008)).

Presentation

Critique of Comparisons Between Childrens’ Rights and Animal Rights, speaker, conference at Emory University, Atlanta, Georgia (March 2012).

Interview

Cupp was interviewed in January and February 2012 focusing on products liability cases and animal rights on the Los Angeles-based CBS radio station KFWB 980.

Citations and References

Cupp was quoted in dozens of newspapers about a potential trend to low-value products liability lawsuits in small claims courts.

Other Activities

Cupp has been appointed vice dean of the Pepperdine School of Law, and will assume his new duties beginning in June.

Christine Chambers Goodman

Presentation

Strategies for Preventing and Responding to Discrimination and Bias in the Legal Profession, lead presenter, MCLE teleconference, State Bar of California Intellectual Property Section (January 2012).

Other Activities

Goodman continues to serve on the board of directors of the Los Angeles County Bar Association.

Naomi Harlin Goodno

Article

Global Criminal Prosecutions: Should Criminal Laws Follow U.S. Citizens Overseas? (forthcoming).

Michael Helfand

Book Chapter

The Persistence of Sovereignty and the Rise of the Legal Subject, in Legal Positivism in International Legal Theory (Mark Herlihy ed., Cambridge University Press forthcoming 2012).

Articles

A Liberalism of Sincerity: Religion’s Role in the Public Square, 2 J.L. Religion & St. (forthcoming).

Litigating Religion, 92 B.U. L. Rev. (forthcoming).

Purpose, Precedent, and Politics: Why AT&T Mobility Covers Less Than You Think, in Y.B. Arb. & Med. (forthcoming).

Douglas W. Kmiec

Book

Lift Up Your Hearts (Embassy International Press 2012) (a faith-based book that focuses on his career in politics and the climate of today’s political campaigns).

Interview

Kmiec was interviewed by Bloomberg regarding issues facing the U.S. Supreme Court.

Kristine S. Knaplund

Articles

Children of Assisted Reproduction, Mich. J.L. Reform (forthcoming) (symposium on the Uniform Probate Code).

Schafer v. Astrue: The Fourth Circuit Weighs in on ‘Who Is a Decedent’s Child?’ ABA Real Property, Trust and Estate Law eReport (2011).

Citations and References

Knaplund was quoted in the U.S. News & World Report article titled Posthumous Births: An Emerging Estate Challenge.

Other Activities

Knaplund is the only law professor to have two articles included on the list of The Top 10 Estate and Gift Tax Articles of 2011, as compiled in 134 Tax Notes 1453 (March 12, 2012).

Knaplund’s argument preview for Astrue v. Capato, a case that was argued in the U.S. Supreme Court on March 19, is available on Scotusblog.

Edward J. Larson

Books

Creationism in the Classroom: Cases, Statutes, and Commentary (Thompson-West forthcoming).

Property Law: Cases and Materials (Wolters Kluwer 3d ed. forthcoming).

An Empire of Ice: Scott, Shackleton, and the Heroic Age of Antarctic Science (Yale University Press 2011).

Articles

Constitutionality of Lame Duck Lawmaking, Utah L. Rev. (forthcoming).

The Deadlocked Election of 1800: Jefferson, Burr, and the Union in the Balance – By James Roger Sharp, 42 Presidential Stud. Q. 425 (2012) (book review).

Anti-Canonical Considerations, 39 Pepp. L. Rev. 1 (2011).

Medical Rationing, Death Panels, and the Rising Cost of Health Care, 33 Whittier L. Rev. 13 (2011).

Poles Apart: Scott, Amundsen, and Science, 35 Endeavour, 129 (2011).

Putting Buck v. Bell in Scientific and Historical Context: Response to Victoria F. Nourse, 39 Pepp. L. Rev. 119 (2011) (symposium article).

Antarctica: Turning the World Upside Down, Nature, Dec. 2011, at 29.

Presentations

Fourteen lectures, speaker, locations include the University of Virginia School of Law, Charlottesville, Virginia; Royal Society, London, U.K.; National Maritime Museum, Sydney, Australia; Oxford University, Oxford, U.K.; National Science Foundation, Washington, D.C.; Commonwealth Club, San Francisco, California; Explorer’s Club, New York City, New York; and the Free Library Philadelphia, Pennsylvania.

Other Activities

Larson served as a visiting professor of law at the University of Melbourne School of Law, Winter Term 2011, and at Stanford University School of Law, Winter and Spring Quarters 2012.

Gregory S. McNeal

Book Chapters

Are Targeted Killings Unlawful? A Case Study in Empirical Claims Without Empirical Proof, in Targeted Killings: Law and Mortality in an Asymmetrical World (Claire Finkelstein, Jens David Ohlin & Andrew Altman eds., 2012).

New Approaches to Reducing and Mitigating Harm to Civilians, in Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare (William C. Banks ed., forthcoming).

Articles

The Federal Protective Power and the Targeted Killing of U.S. Citizens, CATO Unbound (2011).

The U.S. Practice of Collateral Damage Estimation and Mitigation (forthcoming).

Presentations

Presentation of portions of The U.S. Practice of Collateral Damage Estimation and Mitigation, speaker, University of Pennsylvania, Philadelphia, Pennsylvania; UC Irvine, Irvine, California; Santa Clara University, Santa Clara, California; Loyola University New Orleans, New Orleans, Louisiana; Tulane University, New Orleans, Louisiana; LSU, Baton Rouge, Louisiana; University of Idaho, Idaho; and Gonzaga University, Spokane, Washington.¬†The article’s current draft is ranked as a Top 10 most downloaded paper of all time on four SSRN lists and is receiving favorable reviews by law professors writing at various international law and national security blogs.

Citations and References

McNeal was quoted by NPR regarding the U.S. Navy SEAL rescue of hostages, as well as by CNN regarding Wikileaks.

The U.S. Practice of Collateral Damage Estimation and Mitigation, was cited in Foreign Relations and National Security (Jack Goldsmith, Harvard forthcoming).

Other Activities

McNeal was recently made a contributor to Forbes where he writes about law, policy, and security.

McNeal aided the Department of Defense, Rule of Law and Peacekeeping Operations Institute, assisting with the drafting of Civilian Casualty Mitigation, the first manual in the history of the U.S. military dedicated to preventing harm to civilians in combat.

McNeal was named the Distinguished Educator for Turning Technologies, makers of classroom response systems and serves as an executive committee member of the Federalist Society’s International Law and National Security Practice Group.

Grant S. Nelson

Books

Contemporary Property (West 4th ed. forthcoming) (with Shelley Ross Saxer, Dale A. Whitman, and Colleen Medill).

Teachers’ Manual for Equitable Remedies, Restitution and Damages (8th ed. 2012) (with Candace Kovacic-Fleischer & Jean Love).

Presentations

Conference presentation, moderator, The Competing Claims of Law and Religion, Pepperdine Law School, Nootbaar Institute on Law, Religion, and Ethics, Malibu, California (February 25, 2012).

Colloquium, participant, Constitutional Economics, Federalist Society and Liberty Fund, La Jolla, California (March 23 – 24, 2012).

Other Activities

Nelson served as a member of the Association of American Law Schools – American Bar Association Sabbatical Inspection Team, Brigham Young University Law School, January 31–February 2, 2012;

Robert J. Pushaw, Jr.

Articles

Explaining Korematsu: A Reply to Dean Chemerinsky, 39 Pepp. L. Rev. 173 (2011) (symposium issue).

The Original Meaning of the Commerce Clause: Identifying Historical Limits on Congress’s Powers, U. ILL. L. REV. (forthcoming).

Presentation

A Critique of Professor Jack Balkin’s Theory of the Commerce Clause, presenter, Originalism Works-In-Progress Conference, University of San Diego Law School Originalism Center, San Diego, California (February 4, 2012).

Peter Robinson

Articles

An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise, and Fear, 17 Harv. Negot. L. Rev. (forthcoming).

Opening Pandora’s Box: An Empirical Exploration of Judicial Settlement Ethics and Techniques, 27 Ohio St. J. on Disp. Resol. 53 (2012).

Shelley Ross Saxer

Books

Environmental Sustainability: Law & Policy (forthcoming) (with Craig “Tony” Arnold, Hari Osofsky, and Dan Tarlock).

Contemporary Property (West 4th ed. forthcoming) (with Grant S. Nelson, Dale A. Whitman, and Colleen Medill).

Article

Judicial State Action: Shelley v. Kraemer, State Action and Judicial Takings, Widener L. Rev. (forthcoming).

Presentations

Presentation, speaker, Widener Takings Conference, Harrisburg, Pennsylvania (February 2012).

Conference presentation, speaker, Competing Claims of Law and Religion, Pepperdine School of Law, Nootbaar Institute on Law, Religion, and Ethics, Malibu, California (February 2012).

Presentation, speaker, ALPS Conference, Georgetown University, Washington, D.C. (March 2012).

Mark S. Scarberry

Books

Business Reorganization in Bankruptcy: Cases and Materials (West, 4th ed. 2012).

Thomas J. Stipanowich

Articles

The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes, U. Kan. L. Rev. (forthcoming) (symposium on arbitration).

Olivia de Havilland v. Warner Bros. Pictures: Changing the Landscape of Hollywood Contracts (forthcoming).

The Third Arbitration Trilogy, 22 Am. Rev. Int’l Arb. 323 (2012). This special issue focuses on recent Supreme Court arbitration jurisprudence.

Maureen Arellano Weston

Article

The Death of Class Arbitration After Concepcion? U. Kan. L. Rev. (forthcoming) (symposium).

Presentations

NCAA and the Debate over Paying Student-Athletes, presenter, University of Oregon, Sports and Entertainment Law Conference, Portland, Oregon (January 2012).

The Public Costs of Private Justice, Conference on Justice, Conflict, and Well-Being: Interdisciplinary Work in Social Sciences and the Law, presenter, University of Nebraska (December 2011).

Other Activities

Weston served as a coach for Pepperdine School of Law’s team in the International Chamber of Commerce, Mediation Competition in Paris, France, in February 2012.

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