Selected Faculty Publications and Presentations

Faculty Activities: Fall 2012

Robert Anderson IV

Article

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

Babette E. L. Boliek

Article

Agencies in Crises?: An Examination of State and Federal Agency Emergency Powers, Fordham L. Rev. (forthcoming).

Presentations

Educating an Agency: The Story of the FCC, the DOJ, and the Courts, presenter, 2012 Annual Conference, Southeastern Association of Law Schools, Amelia Island, Florida (July 2012).

Religion and Competition Law, conversationalist, 10th Annual Conference, American Antitrust Institute, Washington D.C. (June 2012).

Legal Issues Stemming from the Impending Shortage of Wireless Spectrum, panelist, Public Utility Commissions Teleconference, American Bar Association (Apr. 2012).

Presentation, commenter, Seventh Annual International Contracts Conference, Thomas Jefferson School of Law, San Diego, California (Mar. 2012).

Mireille O. Butler

Presentations

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 (forthcoming, Apr. 24, 2013).

Five Practical Steps to Ensure Your Students Listen: You Can Catch More Flies with Honey!, speaker, Western Regional LRW Conference in Eugene, Oregon (Aug. 2012).

Thinking Globally: Starting Out Right When Teaching American LRW to International Students, speaker (with Selina Farrell), Legal Writing Institute Conference, Palm Desert, California (May 31, 2012).

H. Mitchell Caldwell

Article

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

Other Activity

Chase traveled to Uganda in June to work with Jim Gash and Jay Milbrandt to assist juveniles living in the country’s remand home outside of Masindi. With four law students, Chase interviewed eight of the inmates and a few witnesses in order to prepare “briefs” to be used by the court, prosecutor, and defense attorneys in an attempt to reach a disposition in each case.

Donald Earl Childress III

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).

Articles

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).

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

Presentations

Globalization, Jurisdiction, and Private International Law, speaker, Duke Law School (forthcoming Nov. 2012).

Transatlantic International Legal Theory, speaker, Lauterpacht Center, University of Cambridge, Cambridge, U.K. (Sept. 2012).

Transnational Litigation Discussion Group, convenor and moderator, Southeastern Association of Law Schools Annual Meeting, Amelia Island, Florida (July 2012).

Herb E. Cihak

Article

Temptations of the Sirens: Ethical Issues in Libraries, 104 Law Libr. J., n. 4 (with Joan Howland) (forthcoming 2012).

Presentation

Mars, Venus, and a Universe of Other Planets – Personnel Management and Communication, panelist and roundtable discussion leader, a daylong workshop for new law library directors at the American Association of Law Libraries Annual Meeting in Boston (July 21, 2012).

Other Activity

Cihak was a member of the ABA Accreditation Site Team that visited New York Law School March 5-7, 2012.

Robert F. Cochran, Jr.

Book

Louis D. Brandeis’s MIT Lectures on Business Law (Carolina Press 2012).

Article

Which “Client-Centered Counselors”? 40 Hofstra L. Rev. 355 (2012).

Jack J. Coe, Jr.

Book

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

Richard L. Cupp, Jr.

Book Review

Seeking Redemption for Torts Law: A Review of Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse by Timothy D. Lytton (Harvard University Press 2008), 27 J.L. & RELIGION 185 (2012)

Presentations

Rethinking Product Recalls, speaker, University of Chicago Legal Forum Symposium, Chicago, Illinois, (Nov. 2, 2012).

Regarding Legal Personhood, Are Chimpanzees (and Other Intelligent Animals) Children?, presenter, Symposium entitled An Uncomfortable Conversation: Human Use of Animals, Emory University School of Law, Atlanta, Georgia (Mar. 31, 2012).

Selina K. Farrell

Presentations

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 (forthcoming Apr. 24, 2013).

Thinking Globally: Starting Out Right When Teaching American LRW to International Students, speaker (with Mireille Butler), Legal Writing Institute Conference, Palm Desert, California (May 31, 2012).

Christine C. Goodman

Article

Discrimination and Bias: Strategies for Preventing and Responding in the Intellectual Property Bar, 37 New Matter, n. 2 (with F. Jason Far-Hadian) (2012).

Presentations

Snaking the Pipeline: Maximizing Value in Outreach Programs, speaker, presentation to the law firm of Simpson, Thacher & Barlett, LLP, Century City, California, with video-conferencing to their offices in New York City and Palo Alto, California (July 26, 2012). The talk was the first in their Perspectives Series

Discussion on recent research on the use of character evidence in criminal trials in the U.S. and the U.K., featured speaker, Malibu Lions Club (Apr. 4, 2012).

Other Activities

On September 28, 2012, Professor Goodman will begin her term as member-at-large on the board of directors of the Black Women Lawyers Association of Los Angeles.

On June 14, 2012, Professor Goodman was sworn in as an assistant vice president of the board of trustees of the Los Angeles County Bar Association.

Naomi Goodno

Articles

Global Criminal Prosecutions and the Foreign Commerce Clause: Should Criminal Laws Follow U.S. Citizens Overseas? (forthcoming 2012).

Inter-Country Adoptions Laws: The Hope of the Future or a Free-Ride for Child Traffickers? (forthcoming 2012).

Presentations

Cyberharassment and Cyberbullying: Analyzing Current Developments, Recent Legislation, and Circuit Splits, moderator and organizer, panel for the Southeastern Association of Law Schools (Aug. 2012).

Kony 2012 and the U.S.A.’s Response to International War Crimes, moderator and organizer, panel, Pepperdine School of Law, Malibu, California (Apr. 2012).

The 2012 Nootbaar Institute Conference: Who should Influence Whom?, moderator, panel, Pepperdine School of Law, Malibu, California (February 2012).

Other Activities

Goodno was recognized as a 2012 recipient of the Howard A. White Award for Teaching Excellence.

Michael A. Helfand

Book Chapter

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 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 2013). 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).

Presentations

Constitutionalizing Arbitration: Reimagining Church Autonomy, speaker, Quinnipiac-Yale Dispute Resolution Workshop, Yale Law School (forthcoming Nov. 12, 2012).

Church Autonomy and Religious Arbitration: Two Models of Legal Pluralism, speaker, 17th International Conference of the Jewish Law Association, Yale University (Aug. 1, 2012).

Litigating Religion, speaker, New Scholars Panel, Southeastern Association of Law Schools Annual Conference (July 30, 2012).

Litigating Religion, speaker, Annual Law and Religion Roundtable, Harvard Law School (June 21, 2012).

Litigating Religion, speaker, Harvard/Yale/Stanford Junior Faculty Forum, Harvard Law School (June 1, 2012).

Litigating Religion, speaker, Jewish Law Symposium, Center for Jewish Law and Judaic Studies, DePaul University College of Law (May 31, 2012).

Taking Beth Din (Rabbinical Court) Judgments into Secular Court, speaker, Jewish Law Symposium, Center for Jewish Law and Judaic Studies, DePaul University College of Law (May 30, 2012).

Litigating Religion, speaker, Faculty Workshop, University of Mississippi School of Law (April 9, 2012).

Purpose, Precedent, and Politics: Why Concepcion Covers Less than You Think, speaker, 7th Annual International Contract Conference, Thomas Jefferson School of Law (Mar. 2, 2012).

Douglas W. Kmiec

Book

Zoning and Planning Deskbook (2 vols., with Katherine Kmiec Turner) (West 2012).

Article and Essays

Engaging Human Nature in Support of Judicial Engagement, 19 Geo. Mason L. Rev. 973 (2012)

Memorial Day Reflections on Freedom (essay), May 28, 2012.

Obama Cannot Be at War with Catholics If He Is at Peace with Religious Freedom (essay).

Presentation

Presentation, speaker, the Catholic Studies Lecture, University of Illinois at Chicago (Mar. 14, 2012).

Kristine S. Knaplund

Articles

Children of Assisted Reproduction, MICH. J.L. REF. (2012)

Astrue v. Capato: The U.S. Supreme Court Decides Genetic Link Is Not Enough to Be a Parent, ABA Real Property Trust and Estate Law eReport (2012).

Opinion Analysis: Genetic Link Not Enough for Social Security Survivors Benefits, SCOTUSblog (guest author), May 22, 2012.

Other Activity

Knaplund was featured on National Public Radio in May, discussing the Supreme Court decision in Astrue v. Capato.

Presentation, Speaker, American College of Trust and Estate Counsel, Maui, Hawaii (forthcoming Mar. 2013).

Presentation, Speaker, National Conference of Probate Judges, Napa, California (forthcoming Nov. 2012).

Presentation, Speaker, Assisted Reproductive Technology Roundtable, University of Indiana Maurer School of Law (forthcoming Sep. 28, 2012).

Edward J. Larson

Books

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

Property: Cases and Materials (Wolter-Kluwer 3d ed. forthcoming).

Book Review

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

Article

Constitutionality of Lame Duck Lawmaking, Utah L. Rev. (forthcoming 2012).

Presentations

Darwinism, Eugenics, and Religion, speaker, Faraday Institute Summer School, Cambridge University, England, (July 2012).

Reception of Darwinism, speaker, CIS, Queen’s College, Cambridge University, England, (July 2012).

Redesigning Ourselves, speaker, University of Athens, Athens, Greece, (July 2012).

Anti-Evolution in the Courts, speaker, Edwards Symposium, Stanford Law School, (May 2012).

Quest for Magnetic South Pole, speaker, Harris Lecture, California Institute of Technology, Pasadena, California, (May 2012).

Race for the Pole, speaker, Center Club, Costa Mesa, California, (May 2012).

Scopes Trial, speaker, Templeton Science and Religion Lecture, Westminster Church, Pittsburgh, Pennsylvania, (May 2012).

Barry P. McDonald

Article

Regulating Student Cyberspeech, UMKC L. Rev. (forthcoming).

Presentations

The First Amendment and Student Speech, speaker, conference, University of Missouri-Kansas City School of Law (forthcoming).

Free Speech in the Internet Age, speaker, annual conference of the Southeastern Association of Law Schools (Aug. 2012).

Regulating Student Cyberspeech, speaker, annual conference of the Southeastern Association of Law Schools (Aug. 2012).

The First Amendment and Cyberbullying, speaker, UMKC Law Review Symposium (Mar. 2012).

Other Activity

McDonald was recently elected to the Litigation Advisory Committee of the national organization of the Presbyterian Church of the U.S.A.

Gregory S. McNeal

Book Chapters

Are Targeted Killings Unlawful Killings: 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., Oxford University Press, 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., Oxford University Press, forthcoming).

Anthony Miller

Book

Family Law: Cases, Materials, and Problems (with Peter Nash Swisher & Helene S. Shapo) (Lexis Nexis 3d ed., 2012).

Derek T. Muller

Article

Invisible Federalism and the Electoral College, 44 Ariz. St. L.J. (forthcoming).

Grant Nelson

Article

Forty-Five Years as a Remedies Teacher, St. Louis U. L.J. (forthcoming 2013).

Presentation

Mortgage Subrogation, Professors’ Corner, panelist and presenter, Legal Education and Uniform Laws Group, American Bar Association Real Property, Trusts and Estates Committee (Jul. 11, 2012).

Gregory L. Ogden

Presentation

Legal Ethics Issues for In-House Counsel, presenter, annual meeting, American Counsel for Life Insurers Legal and Regulatory Compliance, Las Vegas, Nevada (Jul. 18, 2012).

Panel on Final Decisional Authority Among Central Panel States, Panelist, Fall 2012 Annual Meeting, National Association of Administrative Law Judiciary (NAALJ), New Orleans, Louisiana (fall 2012).

Demeanor Evidence and Credibility Determinations for Administrative Law Judges, Speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

History and Evolution of Administrative Agencies, Speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

Judicial Ethics for Administrative Law Judges, Speaker, Fall 2012 Annual Meeting, National Association of Hearing Officers, San Antonio, Texas (fall 2012).

Other Activity

Ogden serves as cochair for the adjudication committee of the ABA Section on Administrative Law and Regulatory Practice through 2012.

Ogden attended the fall 2012 NAALJ annual meeting and met with the Board of Governor. He also met with the NAALJ Journal Board of Advisors as faculty editor of the journal in September 2012.

Richard M. Peterson

Presentations

Presentation, speaker, 11th IDEA Academy for Administrative Law Judges and Impartial Hearing Officers, Seattle University School of Law, Seattle, Washington (July 2012).

Navigating the Individual Education Plan (IEP) Process, presenter, California State PTA Convention, Anaheim Convention Center, Anaheim, California (May 2012).

Religion in the Work and Lives of Judges, Government Lawyers, and Public Interest Lawyers, panelist, Conference of Religiously Affiliated Law Schools, Touro College Jacob D. Fuchsberg Law Center, Central Islip, New York (May 3, 2012).

Robert J. Pushaw, Jr.

Article

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

Peter Robinson

Article

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

Shelley Ross Saxer

Book

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

Article

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

Thomas J. Stipanowich

Articles

Conflict Management in Large Corporations: The Fortune 1,000 Survey (forthcoming).

Med-Arb and Other Processes Involving Dual Roles for Neutrals (forthcoming).

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

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, 60 Kan. L. Rev. 985 (2012). SSRN: http://ssrn.com/abstract=2004543

The Third Arbitration Trilogy, Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration, Am. Rev. Int’l Arb. (2011). SSRN: http//ssrn.com/abstract=1919936

Presentations

The Arbitration Fairness Index, Speaker, Georgia Bar Association Arbitration Institute, Atlanta, Georgia (Aug. 10, 2012).

The Fortune 1,000 Survey on Corporate Conflict Management, Speaker, Georgia Bar Association Arbitration Institute, Atlanta, Georgia (Aug. 10, 2012).

The Future of Global Mediation Research, Moderator, International Association of Conflict Management 25th Annual Conference, Stellenbosch University, Stellenbosch, South Africa (July 13-14, 2012).

Mediation Trends in the United States, Moderator, International Association of Conflict Management 25th Annual Conference, Stellenbosch University, Stellenbosch, South Africa (July 13-14, 2012).

Promoting Economy and Efficiency in Arbitration, Speaker, Canadian College of Construction Lawyers Annual Meeting, San Francisco, California (June 1, 2012).

William Mulholland and the Quest for Water, Speaker, Canadian College of Construction Lawyers Annual Meeting, San Francisco, California (June 1, 2012).

Ethical Considerations in Dispute Resolution, Speaker, American Conference Institute’s 2nd Advanced Forum on Managed Care Disputes and Litigation, Philadelphia, Pennsylvania (May 23, 2012).

Other Activities

Stipanowich continues to serve as official representative/observer, UNCITRAL Working Group III on Online Dispute Resolution, American Bar Association; cochair, National Roundtable on Consumer and Employment Dispute Resolution; and advisor, Restatement of American Law on International Arbitration, American Law Institute. Stipanowich was part of a team working to record interviews for a listening project on apartheid and its aftermath in Cape Town, South Africa, July 2012.

Maureen Weston

Article

The Death of Arbitration After Concepcion, 60 Kan. L. Rev. 101 (2012).

Presentations

The Past Year in Arbitration, speaker, ABA Teleconference (June 11, 2012).

Arbitration Case Law Update, speaker, Annual Conference, ABA Section on Dispute Resolution, Washington, D.C. (Apr. 2012).

Assessing Negotiation Learning, speaker, Annual Conference, ABA Section on Dispute Resolution, Washington, D.C. (Apr. 2012).

Other Activities

Weston is the faculty director for the Entertainment, Media, and Sports Dispute Resolution Project.

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