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 2007

Bilateral Monopoly in Mergers, Tom Campbell

Term Limits and Party Loyalty, Tom Campbell and Cameron Doolittle

Book Review: Stromseth et al., Can Might Make Right? (2006), Lan Cao

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Culture Change, Lan Cao

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Counterproductive and Counterintuitive Counterterrorism: The Post-September 11 Treatment of Refugees and Asylum-Seekers, Marisa S. Cianciarulo

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Modern-Day Slavery and Cultural Bias: Proposals for Reforming the U.S. Visa System for Victims of International Human Trafficking, Marisa S. Cianciarulo

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Born in the USA? Re-assessing Birthright Citizenship in the Wake of 9/11, John C. Eastman

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Full Faith and Republican Guarantees: Gay Marriage, FMPA, and the Courts, John C. Eastman

Comment on Michael A. Stegman et al.'s "Preventive Servicing Is Good for Business and Affordable Homeownership Policy": What Prevents Loan Modifications?, Kurt Eggert

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Sovereignty Migrates in U.S. and Mexican Law: Transnational Influences in Plenary Power and Non-Intervention, Ernesto A. Hernández-López

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Furman's Mythical Mandate, Scott W. Howe

Rule and Exception in Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Y. Kim

Miranda at 40: Applications in a Post-Enron, Post-9/11 World, Donald J. Kochan

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What Students Don't Know Will Hurt Them: A Frank View from the Field on How to Better Prepare Our Clinic and Externship Students, Carolyn R. Young Larmore

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Good Cause is Bad Medicine for the New E-Discovery Rules, Henry S. Noyes

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If you (Re)Build It, They Will Come: Contracts to Remake the Rules of Litigation in Arbitration's Image, Henry S. Noyes

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A Localist's Case for Decentralizing Immigration Policy, Matthew J. Parlow

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Against Orthodoxy: Miranda Is Not Prophylactic and the Constitution is Not Perfect, Lawrence Rosenthal

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A Theory of Governmental Damages Liability: Torts, Constitutional Torts, and Takings, Lawrence Rosenthal

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Does Due Process Have an Original Meaning? On Originalism, Due Process, Procedural Innovation . . . and Parking Tickets, Lawrence Rosenthal

Writing Public Order Laws that Pass Constitutional Muster, Summer, Municipal Advocate, Lawrence Rosenthal

Holding Enemy Combatants in the Wake of Hamdan, Ronald D. Rotunda

Remembering Robert J. Drinan, S.J., Ronald D. Rotunda

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Teaching Professional Responsibility and Ethics, Ronald D. Rotunda

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Marriage Equality in California: Legal and Political Prospects, Kenneth W. Starr, Shannon Price Minter, John C. Eastman, and David C. Codell

Submissions from 2006

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Misunderestimating Dastar: How the Supreme Court Unwittingly Revolutionized Copyright Preemption, Tom W. Bell

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Prediction Markets for Promoting the Progress of Science and the Useful Arts, Tom W. Bell

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The Impact of Blogging on the Practice of Law: Hit the Snooze Button, Tom W. Bell

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Terrorism and Asylum Seekers: Why the Real ID Act is a False Promise, Marisa S. Cianciarulo

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Tax Terrorism: Nasty Truths about Investor Control Theory and the Accommodation of Social Security Privatization, Bobby L. Dexter

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Transfiguration of the Deadbeat Dad and the Greedy Octogenarian: An Intratextualist Critique of Tax Refund Seizures, Bobby L. Dexter

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California's Estate Tax Dilemma, Frank Doti

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Listening to the Enemy: The President's Power to Conduct Surveillance of Enemy Communications During Time of War, John C. Eastman

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Politics and the Court: Did the Supreme Court Really Move Left Because of Embarrassment over Bush v. Gore?, John C. Eastman

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"China Casts a Giant Shadow": The Developing World Confronts Trade Liberalization and the End of Quotas in the Garment Industry, John A. Hall

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In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia, John A. Hall

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International Migration and Sovereignty Reinterpretation in Mexico, Ernesto A. Hernández-López

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Hate Crime Law and the Limits of Inculpation, Janine Y. Kim

Runoff and Reality: Externalities, Economics, and Traceability Issues in Urban Runoff Regulation, Donald J. Kochan

The Blogosphere and the New Pamphleteers, Donald J. Kochan

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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

No Longer Little Known but Now a Door Ajar: An Overview of the Evolving and Dangerous Role of the Alien Tort Statute in Human Rights and International Law Jurisprudence, Donald J. Kochan

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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

From Exxon to Engle: The Futility of Assessing Punitive Damages as Against Corporate Entities, Lisa Litwiller

Why Amendments to Rule 23 Are Not Enough: A Case for the Federalization of Class Actions, Lisa Litwiller

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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

Current Proposals for Media Accountability in Light of the First Amendment, Ronald D. Rotunda

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