Law Faculty Articles and Research
Submissions from 2007
Good Cause is Bad Medicine for the New E-Discovery Rules, Henry S. Noyes
If you (Re)Build It, They Will Come: Contracts to Remake the Rules of Litigation in Arbitration's Image, Henry S. Noyes
A Localist's Case for Decentralizing Immigration Policy, Matthew J. Parlow
Against Orthodoxy: Miranda Is Not Prophylactic and the Constitution is Not Perfect, Lawrence Rosenthal
A Theory of Governmental Damages Liability: Torts, Constitutional Torts, and Takings, Lawrence Rosenthal
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
Teaching Professional Responsibility and Ethics, Ronald D. Rotunda
Submissions from 2006
Misunderestimating Dastar: How the Supreme Court Unwittingly Revolutionized Copyright Preemption, Tom W. Bell
Prediction Markets for Promoting the Progress of Science and the Useful Arts, Tom W. Bell
The Impact of Blogging on the Practice of Law: Hit the Snooze Button, Tom W. Bell
Terrorism and Asylum Seekers: Why the Real ID Act is a False Promise, Marisa S. Cianciarulo
Tax Terrorism: Nasty Truths about Investor Control Theory and the Accommodation of Social Security Privatization, Bobby L. Dexter
Transfiguration of the Deadbeat Dad and the Greedy Octogenarian: An Intratextualist Critique of Tax Refund Seizures, Bobby L. Dexter
California's Estate Tax Dilemma, Frank Doti
International Migration and Sovereignty Reinterpretation in Mexico, Ernesto A. Hernández-López
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
The Meaninglessness of Delayed Appointments and Discretionary Grants of Capital Postconviction Counsel, Celestine R. McConville
Unintended Consequences: Eminent Domain and Affordable Housing, Matthew J. Parlow
Urban Runoff, Its Consequences, and the Problems of Regulation, Matthew J. Parlow
The Brain-Disordered Defendant: Neuroscience and Legal Insanity in the Twenty-First Century, Richard E. Redding
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
Judicial Ethics, the Appearance of Impropriety, and the Proposed New ABA Judicial Code (The Howard Lichtenstein Lecture in Legal Ethics), Ronald D. Rotunda
The Detainee Cases of 2004 and 2006 and their Aftermath, Ronald D. Rotunda
The Propriety of a Judge’s Failure to Recuse When Being Considered for Another Position, Ronald D. Rotunda
Submissions from 2005
Treason, Technology, and Freedom of Expression, Tom W. Bell
Environmental Justice Index III, Denis Binder
The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-September 11 World, Marisa S. Cianciarulo
The Value of Plea Bargaining, Scott W. Howe
Protecting the Right to Effective Assistance of Capital Postconviction Counsel: The Scope of the Constitutional Obligation to Monitor Counsel Performance, Celestine R. McConville
Predictions, Projections, and Precautions: Conveying Cautionary Warnings in Corporate Forward-Looking Statements, Susanna Kim Ripken
The Crime Drop and the Fourth Amendment: Toward an Empirical Jurisprudence of Search and Seizure, Lawrence Rosenthal
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
The Ethnic Question in Law and Development, Lan Cao
The Transnational and Sub-National in Global Crimes, Lan Cao
Chapman University Presents Consumer Law Symposium on Responsibility and Reform, Kurt Eggert
Limiting Abuse and Opportunism by Mortgage Servicers, Kurt Eggert
Striking a Balance: Basic Questions About Consumer Protection Law, Kurt Eggert
Truth in Gaming: Toward Consumer Protection in the Gambling Industry, Kurt Eggert
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
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
"Why It Is Essential to Teach About Mental Health Issues in Criminal Law (and a Primer on How to Do It), Richard E. Redding
What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence, Richard E. Redding and Elizabeth J. Fuller
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
Authors' Welfare: Copyright as a Statutory Mechanism for Redistributing Rights, Tom W. Bell
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
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
The Diaspora of Ethnic Economies: Beyond the Pale?, Lan Cao
Historical Perspective on Charity and Estate Taxes, Frank J. Doti
Lashed to the Mast and Crying for Help: How Self-Limitation of Autonomy Can Protect Elders from Predatory Lending, Kurt Eggert
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
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
The Provisional Director Remedy for Corporate Deadlock: A Proposed Model Statute, Susanna Kim Ripken
Policing and Equal Protection, Lawrence Rosenthal
Book Reviews: Democracy by Decree: What Happens When Courts Run Government, Ronald D. Rotunda
Found Money: IOLTA, Brown v. Legal Foundation of Washington, and the Taking of Property without the Payment of Compensation, Ronald D. Rotunda
Judicial Elections, Campaign Financing, and Free Speech, Ronald D. Rotunda
The Implications of the New Commerce Clause Jurisprudence: An Evolutionary or Revolutionary Court?, Ronald D. Rotunda
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
Gambling for the Good, Trading for the Future: The Legality of Markets in Science Claims, Tom W. Bell
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
Corporate and Product Identity in the Postnational Economy: Rethinking U.S. Trade Laws, Lan Cao
Held Up In Due Course: Codification and the Victory of Form over Intent in Negotiable Instrument Law, Kurt Eggert
Held Up in Due Course: Predatory Lending, Securitization, and the Holder in Due Course Doctrine, Kurt Eggert
Has the Supreme Court Sounded the Death Knell for Jury Assessed Punitive Damages? A Critical Re-Examination of the American Jury, Lisa Litwiller
Re-Examining Gasperini: Damages Assessments and Standards of Review, Lisa Litwiller
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
Using Juvenile Adjudications for Sentence Enhancement Under the Federal Sentencing Guidelines: Is It Sound Policy?, Richard E. Redding
Judicial Campaigns in the Shadow of Republican Party v. White, Ronald D. Rotunda
Monitoring the Conversations of Prisoners, Ronald D. Rotunda
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