Law Faculty Articles and Research

 
Below you may find selected research articles from faculty in the Fowler School of Law.

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Submissions from 2006

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The Meaninglessness of Delayed Appointments and Discretionary Grants of Capital Postconviction Counsel, Celestine R. McConville

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Unintended Consequences: Eminent Domain and Affordable Housing, Matthew J. Parlow

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Urban Runoff, Its Consequences, and the Problems of Regulation, Matthew J. Parlow

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The Brain-Disordered Defendant: Neuroscience and Legal Insanity in the Twenty-First Century, Richard E. Redding

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The Dangers and Drawbacks of the Disclosure Antidote: Toward a More Substantive Approach to Securities Regulation, Susanna Kim Ripken

Continuing the March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal

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Judicial Ethics, the Appearance of Impropriety, and the Proposed New ABA Judicial Code (The Howard Lichtenstein Lecture in Legal Ethics), Ronald D. Rotunda

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The Detainee Cases of 2004 and 2006 and their Aftermath, Ronald D. Rotunda

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The Propriety of a Judge’s Failure to Recuse When Being Considered for Another Position, Ronald D. Rotunda

Submissions from 2005

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Treason, Technology, and Freedom of Expression, Tom W. Bell

Environmental Justice Index III, Denis Binder

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The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-September 11 World, Marisa S. Cianciarulo

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Federal Legislation and States Rights: Of Hapless Toads, Home-Grown Medical Marijuana, and Wiccan Worship in State Prisons, John C. Eastman

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Is the Solomon Amendment F.A.I.R.-Some Thoughts on Congress's Power to Impose This Condition on Federal Spending, John C. Eastman

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Judicial Review Of Unenumerated Rights: Does Marburys Holding Apply In a Post-Warren Court World?, John C. Eastman

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Philosopher King Courts: Is the Exercise of Higher Law Authority without a Higher Law Foundation Legitimate?, John C. Eastman

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The Value of Plea Bargaining, Scott W. Howe

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Protecting the Right to Effective Assistance of Capital Postconviction Counsel: The Scope of the Constitutional Obligation to Monitor Counsel Performance, Celestine R. McConville

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Predictions, Projections, and Precautions: Conveying Cautionary Warnings in Corporate Forward-Looking Statements, Susanna Kim Ripken

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The Crime Drop and the Fourth Amendment: Toward an Empirical Jurisprudence of Search and Seizure, Lawrence Rosenthal

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Alleged Conflicts of Interest Because of the “Appearance of Impropriety”, Ronald D. Rotunda

Submissions from 2004

Suing Hitler's Willing Business Partners: American Justice and Holocaust Morality, Michael J. Bazyler

A New Test for Predation: Targeting, Tom Campbell and Nirit Sandman

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The Ethnic Question in Law and Development, Lan Cao

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The Transnational and Sub-National in Global Crimes, Lan Cao

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A Fistful of Denial: The Supreme Court Takes a Pass on Commerce Clause Challenges to Environmental Laws, John C. Eastman

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Anatomy of the Federal Litigation: Challenging the Legislature's Actions in the Wake of Guinn v. Legislature, John C. Eastman

Honoring the Oath of Office: Ideology in Judicial Confirmation, John C. Eastman

Chapman University Presents Consumer Law Symposium on Responsibility and Reform, Kurt Eggert

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Limiting Abuse and Opportunism by Mortgage Servicers, Kurt Eggert

Striking a Balance: Basic Questions About Consumer Protection Law, Kurt Eggert

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Truth in Gaming: Toward Consumer Protection in the Gambling Industry, Kurt Eggert

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The Futile Quest for Racial Neutrality in Capital Selection and the Eighth Amendment Argument for Abolition Based on Unconscious Racial Discrimination, Scott W. Howe

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Is E-Discovery So Different That It Requires New Discovery Rules? An Analysis of Proposed Amendments to the Federal Rules of Civil Procedure, Henry S. Noyes

Bias on Prejudice? The Politics of Research on Racial Prejudice, Richard E. Redding

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"Why It Is Essential to Teach About Mental Health Issues in Criminal Law (and a Primer on How to Do It), Richard E. Redding

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What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence, Richard E. Redding and Elizabeth J. Fuller

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A Review of Mood Disorders Among Juvenile Offenders, Richard E. Redding and Eileen P. Ryan

Submissions from 2003

Trading with the Enemy: Holocaust Restitution, the United States Government, and American Industry, Michael J. Bazyler and Amber L. Fitzgerald

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Authors' Welfare: Copyright as a Statutory Mechanism for Redistributing Rights, Tom W. Bell

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Free Speech, Strict Scrutiny, and Self-Help: How Technology Upgrades Constitutional Jurisprudence, Tom W. Bell

Emergency Action Plans: A Legal and Practical Blueprint, Denis Binder

The Liability Consequences of Dam Failures, Denis Binder

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Resisting the Expansion of Bankruptcy Court Power under Section 105 of the Bankruptcy Code: The All Writs Act and an Admonition from Chief Justice Marshall, Daniel B. Bogart

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The Diaspora of Ethnic Economies: Beyond the Pale?, Lan Cao

Historical Perspective on Charity and Estate Taxes, Frank J. Doti

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Re-evaluating The Privileges or Immunities Clause, John C. Eastman

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The Limited Nature of the Senate's Advice and Consent Role, John C. Eastman

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The Magic of Vouchers is No Sleight of Hand: A Reply to Steven K. Green, John C. Eastman

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Lashed to the Mast and Crying for Help: How Self-Limitation of Autonomy Can Protect Elders from Predatory Lending, Kurt Eggert

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Bag Wars and Bank Wars, the Gucci and Banque National de Paris Hostile Bids: European Corporate Culture Responds to Active Shareholders, Ernesto A. Hernández-López

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The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel, Celestine R. McConville

The Effects of Adjudicating and Sentencing Juveniles as Adults: Research and Policy Implications, Richard E. Redding

"Where Did You Go to Law School?” Gatekeeping for the Professoriate and Its Implications for Legal Education, Richard E. Redding

Youth Violence Through the Lens of Normal and Pathological Development, Richard E. Redding

The Role of Research in Forensic Psychological Testimony: Do Judges Listen?, Richard E. Redding, Alan M. Goldstein, Marchelle R. Thomson, and Douglas Osman

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The Provisional Director Remedy for Corporate Deadlock: A Proposed Model Statute, Susanna Kim Ripken

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Policing and Equal Protection, Lawrence Rosenthal

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Judicial Elections, Campaign Financing, and Free Speech, Ronald D. Rotunda

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Yet Another Article on Bush v. Gore, Ronald D. Rotunda

Submissions from 2002

To Trade or not to Trade...A Comparison of the Biosafety Protocol and the SPS Agreement, Deepa Badrinarayana

The Holocaust Restitution Movement in Comparative Perspective, Michael J. Bazyler

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Gambling for the Good, Trading for the Future: The Legality of Markets in Science Claims, Tom W. Bell

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Emergency Action Plans: A Legal and Practical Blueprint "Failing to Plan is Planning to Fail", Denis Binder

Minimizing the Risks of a Dam Failure, Denis Binder

Book Review: Ayer & Bernstein, Bankruptcy in Practice, Daniel B. Bogart

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Corporate and Product Identity in the Postnational Economy: Rethinking U.S. Trade Laws, Lan Cao

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A Seminole Dissent?, John C. Eastman

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Lessons from the Past: Is There Anything New in Constitutional Law?, John C. Eastman

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Senate Is Supposed to Advise and Consent, Not Obstruct and Delay, John C. Eastman and Timothy Sandefur

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Held Up In Due Course: Codification and the Victory of Form over Intent in Negotiable Instrument Law, Kurt Eggert

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Held Up in Due Course: Predatory Lending, Securitization, and the Holder in Due Course Doctrine, Kurt Eggert

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Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study of the Los Angeles Staples Center, Matthew J. Parlow

Grappling with Diverse Conceptions of Diversity, Richard E. Redding

Rehabilitating the Souls of Violent Boys (reviewing James Garbarino, Lost Boys (2000)), Richard E. Redding

The Impossibility of Parental Licensure, Richard E. Redding

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Using Juvenile Adjudications for Sentence Enhancement Under the Federal Sentencing Guidelines: Is It Sound Policy?, Richard E. Redding

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The Eleventh Amendment, Garrett, and Protection for Civil Rights, Ronald D. Rotunda

Submissions from 2001

www.swissbankclaims.com: The Legality and Morality of the Holocaust-Era Settlement with the Swiss Banks, Michael J. Bazyler

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Escape from Copyright: Market Success vs. Statutory Failure in the Protection of Expressive Works, Tom W. Bell

Internet Privacy and Self-Regulation: Lessons from the Porn Wars, Tom W. Bell

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Internet Privacy and Self-Regulation: Lessons from the Porn Wars, Tom W. Bell

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A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice, Denis Binder

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The Spending Clause as a Positive Source of Environmental Protection: A Primer, Denis Binder

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Reflections on Market Reform in Post-War, Post-Embargo Vietnam, Lan Cao

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Justice Stephen Field: Frontier Justice or Justice at the Natural Rights Frontier?, John C. Eastman

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Re-Entering the Arena: Restoring a Judicial Role For Enforcing Limits on Federal Mandates, John C. Eastman

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Restoring the General to the General Welfare Clause, John C. Eastman

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Recent Trends and Perspectives for Non-State Actor Participation in World Trade Organization Disputes, Ernesto A. Hernández-López

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Trade in Electronic Commerce Services under the WTO: The Need to Clearly Classify Electronic Transmissions as Services and Not Tariff-Liable, Ernesto A. Hernández-López

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The Troubling Influence of Equality in Constitutional Criminal Procedure: From Brown to Miranda, Furman and Beyond, Scott W. Howe

Federal Funding Conditions: Bursting Through the Dole Loopholes, Celestine R. McConville

Sociopolitical Diversity in Psychology: The Case for Pluralism, Richard E. Redding

What Judges and Lawyers Think About the Testimony of Mental Health Experts: A Survey of the Courts and Bar, Richard E. Redding, Marnita Y. Floyd, and Gary L. Hawk

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Adjudicative Competence in the Modern Juvenile Court, Richard E. Redding and Lynda E. Frost

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The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools, Richard E. Redding and Sarah M. Shalf

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Dual Identities and Dueling Obligations: Preserving Independence in Corporate Representation, Susanna Kim Ripken

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Judicial Comments on Pending Cases: The Ethical Restrictions and the Sanctions – A Case Study of the Microsoft Litigation, Ronald D. Rotunda

Submissions from 2000

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Nuremberg in America: Litigating the Holocaust in United States Courts, Michael J. Bazyler

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Pornography, Privacy, and Digital Self-Help, Tom W. Bell