Selected Scholarly Publications and Presentations for 2013
The Merger Agreement Myth: An Empirical Assessment of the Market Value of Legal Terms (with Jeffrey Manns), 98 Cornell L. Rev. (forthcoming 2013).
Antitrust, Regulation and the New Rules of Sports Telecasts, Hastings L.J.
Agencies in Crisis?: An Examination of State and Federal Agency Emergency Powers, Fordham L. Rev. (2013).
Antitrust, Regulation and the New Rules of Sports Telecasts, Speaker, Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (Aug. 2013).
Public Utility Regulation in Wireless: A Failed Experiment, Speaker, Information Economy Project Conference, From Monopoly to Competition or Competition to Monopoly? U.S. Broadband Markets in 2013, George Mason University School of Law, Arlington, Virginia (Apr. 2013)
Antitrust, Regulation and the Law of National, Local Sports Broadcasting, Speaker, Pepperdine Law Review Sports Symposium, Malibu, California (Apr. 2013).
Agencies in Crisis?: An Examination of State and Federal Agency Emergency Powers, Speaker, Michigan State University, Faculty Workshop (Mar. 2013).
Five Practical Steps to Ensure Your Students Listen—You Can Catch More Flies with Honey!, The Law Teacher (forthcoming).
My Lawyers Can’t Write! How to Set Up or Enhance a Writing Program for Summer and Junior Associates, Speaker (with Selina Farrell), NALP Annual Education Conference, Tampa, Florida (Apr. 24, 2013).
CRIMINAL PRETRIAL ADVOCACY (with Adamson), Vandeplas Publishing (2013).
The Prosecutor Prince: Misconduct, Accountability, and a Modest Proposal, 63 Catholic U. L. Rev. I (2013).
Caldwell along with his dedicated co-coaches Terry Adamson, Chris Frost, Michael Crowe, and Naomi Goodno continue to coach Pepperdine’s highly successful interschool trial teams.
Tax Advice for the Second Obama Administration, 40 Pepp. L. Rev.1143 (2013).
Occupy the Tax Code: Using the Estate Tax to Reduce Inequality and Spur Economic Growth (with James R. Repetti), 40 Pepp. L. Rev. 1255 (2013).
Keynote Address: Occupy the Tax Code: Using the Estate Tax to Reduce Inequality and Spur Economic Growth, Speaker, University of Southern California Gould School of Law Tax Institute (Jan. 30, 2013).
For the seventh year in a row, Accounting Today named Caron one of the 100 Most Influential People in Tax and Accounting. For the fifth year in a row, the ABA Journal named Paul’s TaxProf Blog one of the 100 best law blogs (out of 3,600 law blogs).
TRANSNATIONAL LAW AND PRACTICE (with Michael D. Ramsey and Christopher A. Whytock) (Aspen Publishers, forthcoming 2014).
The Concept of Law in Transnational Dispute Resolution, in LEGAL POSITIVISM IN INTERNATIONAL LEGAL THEORY (Mark E. Herlihy, ed., Cambridge University Press, 2014).
Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction, 54 Wm. & Mary L. Rev. (forthcoming).
Erie’s International Effect: A Reply, 107 N.W. Univ. L. Rev. Colloquy ___ (forthcoming 2013).
Private International Law and Transnational Litigation (solicited peer-edited review essay), 60 Am. J. Comp. L. (forthcoming 2013).
Does International Investment Law Need Administrative Law?, 54 Harv. Int’l L.J. Online 115 (2013) (solicited review essay).
Forum Non Conveniens and Its Impact on Foreign Law: An Empirical Study (with Christopher A. Whytock).
Transnational Litigation and Private International Law, Speaker, Journal of Private International Law Biannual Conference, University of Madrid, Madrid, Spain (Sept. 2013).
Personal Jurisdiction and Choice of Law After Nicastro, Speaker, Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (July 2013).
Escaping Federal Law, Speaker, Notre Dame Law School (Feb. 2013).
The Brave New World of Transnational Litigation, Speaker, University of Richmond School of Law (Feb. 2013).
Herbert E. Cihak
Cihak was a member of the ABA accreditation site team that visited Belmont University College of Law, September 23-26, 2012, in Nashville, Tennessee.
Louis D. Brandeis and the Lawyer Advocacy System, 40 Pepp. L. Rev. 351.
Symposium Introduction: The Competing Claims of Law and Religion: Who Should Influence Whom? (with Michael Helfand), 39 Pepp. L. Rev. 1051-1064 (2013) (served as symposium co-organizer).
Which Client-Centered Counselors?: A Reply to Professor Freedman, 40 Hofstra L. Rev. 355-66 (2012) (responding to Monroe Freedman’s critique of my client counseling theory).
The Bible and the Law, Christian Legal Theory Symposium, Speaker, Emory University Center for the Study of Law and Religion, Atlanta, Georgia (Mar. 22, 2013).
Louis Brandeis: Law Clerk, Lawyer, Professor, and Supreme Court Justice, Speaker, Byrne Judicial Clerkship Institute, Pepperdine University School of Law, Malibu, California (Mar. 15, 2013).
Jesus and the Civil Law, Speaker, BYU Law and Religion Colloquium, J. Reuben Clark Law School, Brigham Young University, Provo, Utah (Mar. 14, 2013).
Children, Chimps, and Rights Arguments from ‘Marginal’ Cases, 45 Ariz. St. L.J. (forthcoming 2013).
Address on the Debate Between Animal Rights and Animal Welfare in the United States, Speaker, Second International Transdiciplinary Congress on Fauna Protection, Goiania, Brazil (Apr. 25, 2013).
My Lawyers Can’t Write! How to Set Up or Enhance a Writing Program for Summer and Junior Associates, Presenter (with Mireille Butler), NALP Annual Education Conference, Tampa, Florida (Apr. 24, 2013).
Gash continues to serve as a specialist advisor to the High Court of Uganda and travels there frequently in conjunction with the juvenile justice reform measures he assisted the Ugandan judiciary with implementing during his six months in Uganda in 2012. Gash also became the first American to ever appear as an advocate before the Ugandan courts when he argued the appeal in March of 2013 on behalf of a juvenile previously convicted of murder.
When Privacy Is Not an Option: Codifying the Contours of Necessary Third Parties in Emergency Medical Situations, 63 Syracuse L. Rev. (2012).
A Teacher Who Looks Like Me, St. John’s J. of Civ. Rts. & Econ. Dev. (Diversity Issue) (forthcoming 2013).
Learning to Talk the Talk and Walk the Walk: Words and Deeds to Reduce Implicit Bias in your Law Practice, Presenter, MCLE Presentation for Santa Barbara Women Lawyers (Oct. 27, 2012).
Speech and Action: Words and Deeds to Reduce Implicit Bias in Law Practice, Copresenter, San Fernando Valley Bar Association’s 16th Annual MCLE Marathon (Jan. 18, 2013).
In Your Skin II, Panelist, Convocation Presentation for Seaver College, Malibu, California (Feb. 20, 2013).
The Hague Convention: The Hope of the Future or a Free-Ride for Child Traffickers?, in INTERCOUNTRY ADOPTIONS (Robert Cochran, Bert Ballard & Naomi Goodno eds., Cambridge Scholarly Publishing, forthcoming 2014).
When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause, 66 FLA. L. REV. 1190 (2013).
Global Criminal Prosecutions and the Foreign Commerce Clause: Should Criminal Laws Follow U.S. Citizens Overseas? ___ Fl. L. Rev. ___ (forthcoming Fall 2013).
International Law Career and the International Certificate Program, Speaker, International Law Society, Pepperdine School of Law, Malibu, California (Feb. 12, 2013).
Exit Time in Europe: Will the U.K. Go Its Own Way? and When China Sneezes: What China’s Leadership Transition Portends, Speaker, Presidents’ Day Renaissance Weekend, Santa Monica, California (Feb. 15 and 17, 2013).
International Law Career Panel, Panelist, American Society of International Law (ASIL) – Loyola Law School Chapter, Loyola Law School, Los Angeles, California (Mar. 21, 2013).
Diplomatic Engagement: On the Ground or in Cyberspace?, Speaker, Pacific Council on International Policy, Los Angeles, California (Apr. 19, 2013).
Graffy participated in a debate titled “The U.S. Presidential Election” with the Harkness Fellows Association and Harvard Club at the Athenaeum Club, London, England, October 25, 2012. She also continues to appear as a guest commentator on the BBC.
Graffy has been asked to serve on the British-American Project Advisory Board and on the Next Generation Leaders Advisory Council of the McCain Institute for International Leadership. She is also one of the members of the bipartisan task force that has written a blueprint for a new national security strategy for the U.S. entitled “Setting Priorities for American Leadership” and launched by Project for a United and Strong America, a nonpartisan, nonprofit organization with the sole purpose of advancing America’s values and national security.
The Mechanics of First Amendment Audience Analysis, 55 WM & Mary L. Rev. ___ (forthcoming 2014).
Autobiographical Lies and the first Amendment’s Protection of Self-Debriefing Speech, 87 N. Y. U. L. Rev. 70 (2012), reprinted in The First Amendment Law Handbook (Rodney A. Smolla, ed., West 2012-13).
The Persistence of Sovereignty and the Rise of the Legal Subject, in LEGAL POSITIVISM IN INTERNATIONAL LEGAL THEORY: HART’S LEGACY, Mark Herlihy ed., Cambridge University Press (forthcoming).
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) (selected for presentation at the Stanford/Yale/Harvard Junior Faculty Forum).
Purpose, Precedent, and Politics: Why AT&T Mobility Covers Less Than You Think, in Y.B. on Med. & Arb. (forthcoming).
Religion’s Footnote Four: Church Autonomy as Arbitration, 97 Minn. L. Rev. (forthcoming).
What Is a “Church”?: Implied Consent and the Contraception Mandate, 21 J. Contemp. Legal Issues (forthcoming 2013).
Religious Legal Theory Symposium Introduction (with Robert Cochran), 39 Pepp. L. Rev. 1051 (2013).
Peaceful Coexistence? Reconciling None-Discrimination Principles with Civil Liberties, Speaker, U.S. Commission on Civil Rights (Mar. 2013).
Between Law and Religion: Procedural Challenges to Religious Arbitration Awards, Presenter, Conference on Sharia and Halakhah in America, University of Illinois at Chicago (Apr. 2013).
Testimony on Reconciling Non-Discrimination Principles with Civil Liberties, Presenter, United States Commission on Civil Rights (Mar. 22, 2013).
The Charitable Deduction Games: Are the Laws in Your Favor?, 5 Colum. J. Tax Law__ (forthcoming 2013).
Junior Tax Scholars’ Workshop, Presenter, University of Miami School of Law (May 2013).
Business/International Tax Panel , Moderator, Pepperdine Law Review Tax Symposium, Malibu, California (Jan. 18, 2013).
Leading Paper for International Tax Research Symposium, Presenter, 66th Congress of the International Fiscal Association, Boston, Massachusetts.
Tax Policy Colloquium, Academic Presenter, Loyola Law School, Los Angeles, California.
Kmiec and his daughter Katherine Kmiec Turner (Class of 2007) coauthored the two-volume treatise ZONING AND LAND-USE DESKBOOK (West 2013).
Address on Interfaith Diplomacy and Understanding of Abrahamic Tradition, Speaker, American Jewish University (Feb 2013).
Luncheon Address in the Litigation Lunch Series, Speaker, Sidley and Austin, Los Angeles, California (2013).
Kmiec continues to write for the Huffington Post and has published numerous columns on subjects ranging from the ambush at Benghazi, Libya, to reform of education for the urban poor, to prospects for peace in the urban nations. He continues to be a regular commentator for Bloomberg Radio News on Supreme Court issues most recently commenting on the courts review of the doctrine of mootness as it related to the international child custody dispute before the High Court.
Kmiec’s new website, www.commongoodcommonground.com, contains recent commentaries, as well as reviews and materials on his recent books Lift Up Your Hearts and America Undecided, both available on Amazon.com.
University of Southern California Institute for advanced Catholics Studies invited Kmiec to participate with the outgoing ambassador of the Holy See to speculate on foreign diplomacy, as well as the election of the new pope at the California Club in February.
Baby without a Country: Determining Citizenship for Assisted-Reproduction Children Born Overseas, 91 U. DENV. L. REV. (forthcoming 2013).
What’s Blood Got to Do with It? Determining Parentage for ART Children Born Overseas (forthcoming).
Who Is My Mother? A Proposal to Amend U.S. Citizenship Rules for Children Born Overseas, Speaker, University of Wisconsin Law School, Sixth Annual Midwest Family Law Consortium Workshop (Apr. 2013).
Genetic Material in Your Estate Plan, Speaker, San Fransisco Estate Planning Council and Golden Gate Law School Seminar Planning with and for Unusual Assets, San Fransisco, California (Nov. 2013).
CREATIONISM IN THE CLASSROOM: CASES, STATUTES, AND OPINIONS (West 2013).
PROPERTY: CASES AND MATERIALS (with James Smith et al) (Wolter-Kluwer 3d ed. 2013).
Teaching Creation, Evolution and the New Atheism in 21st Century America: Window on an Evolving Establishment Clause, 82 Miss. L.J. 997 (2013).
Darwinism, Creationism, and the New Atheism in the 21st Century: Window on an Evolving Establishment Clause, Miss. L.J. (forthcoming).
George Washington and the Constitution, Speaker, Mount Vernon Symposium, Reagan Library (Feb. 28, 2013).
Larson was selected as the inaugural Fellow for the Fred W. Smith National Library for the Study of George Washington, Mount Vernon, Virginia, 2013-2014.
THE AMERICAN CONSTITUTION: ORIGINAL UNDERSTANDINGS AND JUDICIAL INTERPRETATION (West forthcoming 2014).
Regulating Student Cyberspeech, 77 Mo. L. Rev. 728 (2013).
The First Amendment and Student Speech, Speaker, Conference, University of Missouri-Kansas City School of Law (October 2012).
The Landscape of Constitutional Law in Light of the 2012 Elections, Speaker, Annual Conference of the Southeastern Association of Law Schools (Aug. 2013).
Do Theories of Constitutional Interpretation Matter?, Panel Moderator, Annual Conference of the Southeastern Association of Law Schools (Aug. 2013).
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., Oxford University Press, forthcoming).
Kill Lists and Accountability, 102 GEO. L.J. (forthcoming 2014).
The Origins of National Security Expertise, 44 Conn. L. Rev 1585-1625 (2012).
ICRC International Humanitarian Law Workshop, Presenter and Organizer, Pepperdine University School of Law, Malibu, California (2013).
Address on Surveillance by Law Enforcement Drones and Targeted Killings Under International Law, Speaker, Various Locations and Dates (Vanderbilt Law School, University of Colorado at Boulder, Tulane Law School, Penn State Law, Rutgers-Camden Law School, Seton Hall Law School, Cardozo Law School, George Mason Law School, Arizona State Law School, University of Oklahoma Law School, Villanova Law School, Temple Law School, University of San Diego Law School, University of Washington Law School, and Seattle University Law School)
McNeal participated in the New York Times’ Room for Debate, on February 5, 2013, on the topic “A President’s Duty, Not a Judge’s.”
McNeal also served as a contributor to Forbes Online, writing a column about law and public policy, and as a guest contributor to the Lawfare blog.
McNeal is a member of the executive committee and treasurer/secretary of the International Law and Technology Interest Group, and was selected by ASIL to serve on leadership team as founding member of International Law and Technology Interest Group. McNeal was also appointed as a member of the Technology Working Group.
McNeal appeared on NPR for a story titled “Writing the Rules for Domestic Drone Use,” as well as a story titled “Drones Drifting into Markets Outside Warzones.” He also appeared on Huffington Post Live regarding drones and targeted killings.
McNeal advised members of the Senate Homeland Security Committee (Senators Collins and Lieberman) on cyber-warfare legislation.
How the Court Fulfilled Its NAMUDNO Promise in Shelby County v. Holder, Election L.J. (forthcoming) (invited submission).
Federal Power over Elections After Shelby County v. Holder and Arizona v. Inter Tribal Council, Charleston L. Rev. (forthcoming) (invited submission).
Invisible Federalism and the Electoral College, 44 Ariz. St. L.J. (forthcoming).
CONTEMPORARY PROPERTY (with D. Whitman, C. Medill, & S. Saxer) (West 4th ed. 2013)
Strategic Defaulters vs. the Federal Taxpayer: A Brief for the Preemption of State Anti-Deficiency Law for Residential Mortgages (with Gabriel Serbulea), 66 Ark. L. Rev. ___ (forthcoming Spring 2013).
Forty-Five Years as a Remedies Teacher, St. Louis U. L.J. (forthcoming).
Paper Presentation: The Problem of Strategic Mortgage Default, Presenter, University of Arkansas School of Law Symposium on the Mortgage Foreclosure Crisis (Nov. 9, 2012).
February and August 2013 Updates to California Public Administrative Law (Matthew, Bender & Co. 2013). 1997 revison author; two volumes, Volume 41, Chapters 470 to 472B, and Volume 41A, Chapters 473 to 474C, part of the multiple-volume California Forms of Pleading and Practice Set (July 1997) (2 updates per year).
Millennials, Techonology, and Professional Responsibilty: Training a New Generation in Technological Professionalism, 37 J. Legal Prof. 199 (2013).
Caught in the Cross-Fire—The Psychological and Emotional Impact of the Individuals with Disabilities Education Act (IDEA) upon Teachers of Children with Disabilities: A Therapeutic Jurisprudence Analysis, 33 PACE L. REV. (forthcoming 2013).
Fortuity and the Article III “Case”: A Critique of Fletcher’s The Structure of Standing, 64 Ala. L. Rev. __(forthcoming 2013).
The Paradox of the Obamacare Decision: How Can the Federal Government Have Limited Unlimited Power?, 65 Fla. L. Rev.___(forthcoming 2013).
The Likely Impact of National Federation on Commerce Clause Jurisprudence, 40 PEPP. L. REV., 975-1000 (2013) (coauthored with Grant S. Nelson).
Obamacare and the Original Meaning of the Commerce Clause: Identifying Historical Limits on Congress’s Powers, 2012 U. Ill. L. Rev. 1703-1754.
Symposium: The Structure of Standing at 25, Panelist, University of Alabama School of Law (Feb. 22, 2013).
Limited Federal Power and the Commerce Clause, Panelist, Cosponsored by the Templeton Foundation and the Federalist Society, Las Vegas, Nevada. (Jan. 25-26, 2013).
An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise, and Fear, 17 Harv. Negot. L. Rev. (forthcoming).
ENVIRONMENTAL SUSTAINABILITY: LAW AND POLICY (with Craig “Tony” Arnold, Hari Osofsky & Dan Tarlock) (Aspen forthcoming 2014).
CONTEMPORARY PROPERTY (with C. Medill, G. Nelson & D. Whitman) (4th ed. 2013).
A Prospective Look at Property Rights (with Carol M. Rose), 20 Geo. Mason L. Rev. 721 (2013).
Judicial State Action: Shelley v. Kraemer, State Action, and Judicial Takings (Symposium), 21 WIDENER L.J. 847 (2012).
Moderator, Public Land Development Corporation and Property Rights in Hawaii, at University of Hawaii Richardson School of Law (Feb. 2013).
Moderator, AALS 2013 Joint Program of the Property Section and Natural Resources and Energy Law Section (Jan. 2013).
Disclosing Corporate Disclosure Policies, 40 FLORIDA ST. U. L. REV. 487 (2013).
Title VII: A Shift from Sex to Relationships, 35 HARVARD J.L. & GENDER 209 (2012).
REBELS ON THE LOT: EXPLORING THE CONFLICTS BETWEEN CREATIVE ARTS AND STUDIOS IN HOLLYWOOD’S GOLDEN AGE (forthcoming).
Articles and Other Writing
The Future of Consumer and Employment Arbitration, (forthcoming).
Olivia de Havilland v. Warner Bros. Pictures: Changing the Landscape of Hollywood Contracts (forthcoming).
Living with “ADR”: Evolving Perceptions and Use of Mediation, Arbitration, and Conflict Management in Fortune 1000 Corporations (with J. Ryan Lamare), HARV. NEGOT. L. REV. (forthcoming 2013).
In Quest of the Arbitration Trifecta, or Closed-Door Litigation?: The Delaware Arbitration Program, 6 PEPP. J. BUS. ENTREPRENEURSHIP & L. 102 (2013) (lead article; published in Symposium on the Delaware Arbitration Program).
No Law Student Left Behind, 24 STAN. L. & POL’Y REV. 353 (2013).
The Lawyer of the Future, 40 PEPP. L. REV. 337 (2013).
Sending Mixed Messages: Investor Interpretations of Disclosure of Analyst Stock Ownership?, 19 PSYCHOL. PUB. POL’Y & L. (forthcoming 2013) (peer-reviewed).
Mutual Fund Performance Advertising: Inherently and Materially Misleading? (with Alan Palmiter), 46 GA. L. REV. 289 (2012).
Are College Athletes Economically Exploited?, 2 WAKE FOREST J. L. & POL’Y 69 (2012) (invited symposium article).
Maureen A. Weston
FAA Misplaced Preemption and Displacement of Agency Regulatory Schemes, PENN. ST. Y.B. ON ARB. & MEDIATION (forthcoming 2013).
The Public Costs of Private Judging, (Springer Publications) (Univ. of Nebraska Law-Lincoln, Conference on Justice, Conflict and Well-Being 2013) .
The Federal Arbitration Act’s Unintended Preemption and Displacement of Agency Regulatory Law, Speaker, Conference on “The Role of the Courts: Judicial Review of Arbitral Awards,” Pennsylvania State University (Feb. 2013).
Weston continues to serve as director of the Pepperdine School of Law Entertainment, Media, and Sports Dispute Resolution Project. She also serves as chair of the American Bar Association, Law School Division, Arbitration Competition; Secretary, AALS, Sports Law Section.