Faculty Activities, 2010-2011

Read the full list of Faculty Activities here.

Roger P. Alford

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, 38 PEPP. L. REV. 233 (2011).

Robert Anderson IV

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

Babette E. Boliek

Regulation Versus Antitrust: How Net Neutrality Is Defining the Boundaries, MD. L. REV. (forthcoming).

Boliek will be a speaker at the Southeastern Association of Law Schools Conference on “The Law of Disaster” (July 2011), and spoke on “Net Neutrality and International Law” at Albany Law School (April 2011).

H. Mitchell Caldwell

Kafka in the Docket: Coercive Plea Bargaining, The Unrecognized Scourge of the Justice System, 61 CATH. U. L. REV. 829 (2011).

Counting Victims and Multiplying Counts: Business Robbery, Faux Victims, and Draconian Punishment (with Jennifer Allison), 46 IDAHO L. REV. 647 (2010).

CRIMINAL MOCK TRIALS (Vandeplas forthcoming).

CRIMINAL PRETRIAL ADVOCACY (Vandeplas forthcoming).

Donald E. Childress III

Comity as Conflict: Resituating International Comity as Conflict of Laws, 44 U.C. DAVIS L. REV. 1 (2010).

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

When Erie Goes International, 105 NW. U. L. REV. (forthcoming).

Robert F. Cochran, Jr.

Christianity and Law: An Introduction, 25 J.L. & RELIGION 249 (2010).

Legal Ethics and Collaborative Practice Ethics, 38 HOFSTRA L. REV. 537 (2010).

Cochran will speak on “The Christian Responsibility for Social Justice: Theory and Practice” at the Fifth International Conference on Christian Higher Education and Scholarship at Baekseok University, Korea (June 25, 2011).

Jack J. Coe, Jr.

Bilateral Investment Treaties to Which the United States Is a Party, in INVESTMENT TREATIES (Oxford Univ. Press, forthcoming).

Chapters 1 and 5 (first tentative draft), in RESTATEMENT OF THE LAW (THIRD) INTERNATIONAL COMMERCIAL ARBITRATION (ALI 2010).


Coe was reappointed as liaison to the ABA Section International Law, American Law Institute, in 2011. He was appointed to the Executive Committee of the Southwestern Institute for International and Comparative Law, Center for American and International Law, and to the Ad Hoc Drafting Committee for Investor-State Mediation Rules, International Bar Association (IBA) as well.

Richard L. Cupp, Jr.

Cupp was appointed to the planning committee for a meeting of the Institute of Medicine’s Forum on Neuroscience and the National Academy of Sciences Committee on Science, Technology, and Law; the meeting, regarding the future of animal research regulation in the U.S. and Europe, will be held in London, England, in July 2011.

Justice Breyer cited Cupp’s article, “Rethinking Conscious Design Liability for Prescription Drugs: The Restatement (Third) Standard Versus a Negligence Approach,” in his concurring opinion in Bruesewitz v. Wyeth (Feb. 22, 2011).

Selina K. Farrell and Nancy L. N. McGinnis


James Allan Gash

The End of an Era: The Supreme Court (Finally) Butts Out of Punitive Damages for Good, 63 FLA. L. REV. 525 (forthcoming).

Christine Chambers Goodman


Goodman spoke at the Western Regional Conference of the National Black Law Students’ Association in Las Vegas, Nevada, on “Success after Law School” (January 22, 2011).

Naomi Harlin Goodno

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy, WAKE FOREST L.REV. (forthcoming).

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

California “Three Strikes” Law Alleviates Crime, in MANDATORY MINIMUM SENTENCING (2010).

Colleen P. Graffy

Is the Atlantic Getting Wider? The Relationship between the EU, its Member States and the United States, INSTITUTE OF CONTEMPORARY EUROPEAN STUDIES (forthcoming).

Graffy has facilitated several interviews with BBC Newsnight TV on the relationship between the EU and the United States. She was a panelist and speaker on the topic, “Is the Atlantic Getting Wider? The Relationship between the EU, its Member States and the United States,” at a conference at Regent College’s Institute of Contemporary European Studies (November 9, 2010).

Michael A. Helfand

Fighting for the Debtor’s Soul: Regulating Religious Commercial Conduct, 19 GEO. MASON L. REV. (forthcoming).

Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders, 86 N.Y.U. L. REV. (forthcoming).

Bernard James

SROs, Safe Schools, and the Interagency Agreement, NASRO J. SCH. SAFETY, Spring 2010.

Douglas W. Kmiec

The Constitution as a Reflection of Human Nature, in WHAT SHOULD CONSTITUTIONS DO? (Ellen Frankel Paul, Fred D. Miller, Jr., & Jeffrey Paul eds., forthcoming).

Kristine S. Knaplund

Synthetic Cells, Synthetic Life, and Inheritance, VAL. U. L. REV. (forthcoming).

Knaplund serves as cochair of the ABA Committee on Bioethics and as a member of the ABA Continuing Legal Education Committee in the Sections for Real Property, Probate, and Trust Law. She recently joined the board of directors of the California Supreme Court Historical Society.

Edward J. Larson

Public Science for a Global Empire: The British Quest for the South Magnetic Pole, 102 ISIS 1 (2011).


Barry P. McDonald

The Emerging Oversimplification of the Government Speech Doctrine: From Substantive Content to a “Jurisprudence of Labels,” 2010 BYU L. REV. 2071 (2010).

Gregory S. McNeal

A Cup of Coffee After the Waterboard: Seemingly Voluntary Post-Abuse Statements, 59 DEPAUL L. REV. 943 (2010).

International Law and United States Policy Issues Arising from the United States’ Conflict with Al Qaeda, 32 U. ARK. LITTLE ROCK L. REV. 505 (2010) (symposium).

Part I: Ten Questions: Responses to Ten Questions, 36 WM. MITCHELL L. REV. 5113 (2010).

McNeal testified before the House Committee on Foreign Affairs, Subcommittee on Terrorism, Nonproliferation, and Trade, in September 2010.

Anthony Miller

FAMILY LAW: CASES, MATERIALS, AND PROBLEMS (with Peter M. Swisher and Jana B. Singer)  (Lexis, 3d ed. forthcoming).

Miller shared expertise in the documentary Divorce: Circa 1960s, which appears on the DVD of the fourth season of the television program Mad Men.

L. Timothy Perrin

L. Timothy Perrin, H. Mitchell Caldwell, and Carol A. Chase. THE ART AND SCIENCE OF TRIAL ADVOCACY (Lexis, 2d ed., 2011).

Richard M. Peterson

The Persistence of Low Expectations in Special Education Law Viewed Through the Lens of Therapeutic Jurisprudence, 33, INT. J.L. AND PSYCHIATRY 375 (2010).

Robert J. Pushaw, Jr.

Limiting Article III Standing to “Accidental” Plaintiffs: Lessons from Environmental and Animal Cases, 45 GA. L. REV. 1 (2010).

Peter R. Robinson

Opening Pandora’s Box: An Empirical Exploration of Judicial Settlement Ethics and Techniques 27 OHIO ST. J. ON DISP. RESOL. (2012).

An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise, and Fear, HARV. NEGOT. L. REV. (forthcoming)

Robinson gave the keynote address, “The Use and Misuse of Apology in Mediation,” at the California Dispute Resolution Council’s annual conference (September 2010). He also led a six-day Mediating the Litigated Case program in partnership with the Kuala Lampur Regional Dispute Resolution Agency in Kuala Lampur, Malaysia (September 2010).

Shelley Ross Saxer

Plenty of Fish in the Sea? Managing Water Rights Using Fishing Rights as a Model, MARQ. L. REV. (forthcoming).

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

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

Laurie B. Serafino

No Walk in the Dog Park: Drafting Animal Cruelty Statutes to Resolve Double Jeopardy Concerns and Eliminate Unfettered Prosecutorial Discretion, 78 TENN. L. REV. (forthcoming summer 2011).

Thomas J. Stipanowich

American Justice at a Crossroads: Remarks of Thomas J. Stipanowich, 11 PEPP. DISP. RESOL. L.J. 169 (2010).


Maureen Arellano Weston

NCAA Sanctions: Assigning Blame Where It Belongs, 52 B.C. L. REV. 551 (2011).

A Reflection on American Justice at a Crossroads: A Public and Private Crisis, 11 PEPP. DISP. RESOL. L.J. 175 (2010).

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