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University of San Diego School of Law
Advocate Fall 2017 Issue

Faculty Footnotes

USD School of Law faculty are committed to advancing the study and practice of law. Below is a listing of scholarship and activities that occurred during the 2016-17 academic year.


Alexander, Lawrence A.

Alexander's publications include Reflections on Crime and Culpability: Problems and Puzzles (with Kimberly Ferzan ) (Cambridge University Press, forthcoming 2017). “Against Equality” in San Diego Legal Studies Paper Series (2017); “Brexit and the Future of Liberal Democracy” in Cardozo Law Review (forthcoming 2017); “Hard Incompatibilism, and the Rejection of Moral Responsibility: A Skeptical Look at an Optimistic Account” in San Diego Legal Studies Paper Series (2017); “Robert Nagel and the Emptiness of the Supreme Court's Standards of Review ” in Colorado Law Review (forthcoming 2017); and “The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions)” in San Diego Law Review (forthcoming 2017).

Alexander's presentations and conferences include at Analytic Legal Philosophy Conference at Michigan Law School in Ann Arbor, Mich. (April 2017); and at Crime Without Fault Symposium at Georgetown Law School in Washington , D.C. (January 2017).

Barry, Jordan M.

Barry's publications include “Regulatory Entrepreneurship” in 90 Southern California Law Review (with Elizabeth Pollman) (forthcoming 2017).

Bell, Abraham

Bell's publications include “Incomplete Takings ” in 117 Columbia Law Review (with Gideon Parchomovsky) (2017).

Bell's presentations and conferences include "International Law and teh Arab-Israeli Conflict" at Louis D. Brandeis Center National Student Conference at Georgetown University Law Center in Washington, D.C. (March 2017); "Two-Tiered Takings Compensation" at Conference on Decentralization and Development at University of Hong Kong and NYU (March 2017); "Partial Takings" at Law, Economics, and Business Workshop at Bar Ilan University in Ramat Gan, Israel (January 2017); "Reforming Infringement" at Pearl Cohen Zedek Latzer Baratz Seminar on Intellectual Property Law at Bar Ilan University in Ramat Gan, Israel (January 2017); "The Futureof the International Criminal Court and Impacts for Israel: A Roundtable Discussion" at Bar Ilan University in Ramat Gan, Israel (December 2016); "Reforming Infringment" at Israeli Academic IP Forum Annual Intellectual Property Workshop at Hebrew University of Jerusalem (October 2016); "Partial Takings" at Property Works in Progress Conference at Boston University School of Law in Boston, Mich. (September 2016); "Reforming Infringement" at University of San Diego in San Diego, Calif. (August 2016); and "Reforming Infringement" at IP Scholars Conference 2015 at Standford University in Stanford, Calif. (August 2016).

Bellin, Jeffrey

Bellin's publications include “Hearsay” in Federal Practice & Procedure (with Charles A. Wright) (forthcoming 2017).

Brooks, Roy L.

Brooks' publications include The Racial Glass Ceiling (Yale University Press, forthcoming 2017).

Brooks' presentations and conferences include at International Conference Center at Hiroshima, Japan (July 2017).

Claus, Laurence

Claus' presentations and conferences include "Vindicating? Judicial Supremacy" at Legacy of Larry Alexander at Yale Law School in New Haven, Conn. (May 15, 2017); and "Power Enumeration and the Silences of Constitutional Federalism" at International Symposium on Constitutional Silence at Trinity College Dublin in Dublin, Ireland (September 1, 2016).

Cole, Kevin

Cole's publications include “Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent” in Montana Law Review (forthcoming 2017).

Cole's presentations and conferences include "Sexual Assault Law" at Browning Symposium at University of Montana Law School in Missoula, Mont. (October 2016).

Dallas, Lynne L.

Dallas' publications include “Is There Hope for Change? The Evolution of Conceptions of "Good" Corporate Governance” in San Diego Law Review (forthcoming 2017).

Dallas' presentations and conferences include "Is There Hope for Change? The Evolution of Conceptions of "Good" Corporate Governance" at 2017 National Business Law Scholars Conference at University of Utah School of Law (June 2017); "The Future of Corporate Governance: How Do we Get From Here to Where We Need to Go?" at AALS Annual Meeting, Section on Socio-Economics (January 4, 2017); and "Corporate Law, Governance and Purpose - Looking Back and Looking Forward" at Washington and Lee University School of Law in Lexington, Va. (October 22, 2016).

Dripps, Donald A.

Dripps' presentations and conferences include "Procedure for No Substance, OR, 229 Degrees of Theft" at Osgoode Hall Law School's Conference on the Philosophy of Criminal Procedure at Osgoode Hall in Toronto, Canada (November 6, 2016); and "Miranda for the Next Fifty Years: Why the Fifth Amendment Should Go Fourth" at Boston University Law School's Symposium on the Fiftieth Anniversary of Miranda v. Arizona at Boston University School of Law in Boston, Mass. (October 1, 2016).

Fleischer, Miranda Perry

Fleischer's publications include “How is the Opera Like a Soup Kitchen?” in The Philosophical Foundations of Tax Law (Oxford University Press, 2017); “Not So Fast: The Hidden Difficulties of Taxing Wealth” in Nomos Wealth Volume (The American Society for Political and Legal Philosophy, forthcoming 2017); and “Subsidizing Charity Liberally” in Research Handbook on Not-for-Profit Law (forthcoming 2017).

Fleischer's presentations and conferences include "A Libertarian Case for a Universal Basic Income?" at Workshop in Applied Ethics and Public Policy Conference on the Future of Work, Automation, and a Basic Income at Bowling Green State University in Bowling Green, Ohio (April 2017); "The Philosophical Foundations of a Universal Basic Income" at NYU Tax Policy and Public Finance Colloquium and Seminar (April 2017); "A Libertarian Case for a Universal Basic Income?" at NYU Law Tax Policy and Public Finance Colloquium and Seminar at NYU Law School in New York, N.Y. (February 2017); "Subsidizing Charity Liberally" at Columbia University Law School Public Law Workshop at Columbia University Law School in New York, N.Y. (February 2017); "A Libertarian Case for a Universal Basic Income? " at Northwestern University School of Law Tax Policy Colloquium at Northwestern University in Evanston, Ill. (October 2016); "Not So Fast: The Hidden Difficulties of Taxing Wealth " at University of Minnesota Law School Tax Policy Workshop (October 2016); "Now or Later? Intergenerational Justice and Charitable Giving" at Boston College Law Forum on Philanthropy and the Public Good Academic Symposium on Perpetuities, Limited Life, and the Responsibility of Philanthropy to the Present and Future at Boston College School of Law (September 2016); "Comments on Charity Law and the Liberal State by Matthew Harding" at Australian Society of Legal Philosophy Annual Conference Book Symposium (July 2016); and "How is Opera Like a Soup Kitchen? " at Australian Society of Legal Philosophy Annual Conference Book Symposium (July 2016).

Folsom, Ralph H.

Folsom's publications include European Union Law in a Nutshell, 9 Ed. (forthcoming 2017); IBT Practitioner Treatise (forthcoming 2017); Principles of International Business Transactions, 4 Ed. (with Ramsey, Gordon, and Van Alstine) (2017); and State Antitrust Laws (forthcoming 2017). “Terminating Distributor Relationships” in Antitrust Litigation and Counseling Techniques (Matthew Bender, forthcoming 2017).

Fox, Dov

Fox's publications include “Privacy-protecting Rare disease International Network Collaboration” in Bioinformatics (with Feng Chen et al) (forthcoming 2017); “Reproductive Negligence” in 117 Columbia Law Review 149 (2017); and “Returning Results to Family Members” in Journal of Legal Medicine (forthcoming 2017). When Is A juror Too Biased? CNN (October 3, 2016).

Fox's presentations and conferences include "The Law and Ethics of Selective Procreation" at IBA Life Sciences Conference in San Diego, Calif. (June 16, 2017); "?Never Events? in Reproductive Health Care" at Petrie-Flom Center Annual Conference: Transparency in Health and Health Care: Legal and Ethical Possibilities and Limits at Harvard Law School in Cambridge, Mass. (April 28, 2017); and "Subversive Science" at BioLaw Conference at Stanford Law School in Palo Alto, Calif. (April 20, 2017).

Heiser, Walter

Heiser's publications include California Civil Procedure, 4th Ed. (Carolina Academic Press, 2017).

Hirsch, Adam

Hirsch's publications include “Testation and the Mind” in 74 Washington and Lee Law Review (2017).

Kelly, Michael B.

Kelly's publications include Contract Law in Focus (with Ponte) (Wolters Kluwer, 2017); and Principles of Remedies Law, 3 Ed. (with Weaver, and Shoben) (West Academic Publishing, 2017).

Kelly's presentations and conferences include "Arbitration and the Battle for Freedom of Contract" at Osher Institute for Lifelong Learning at University of California in San Diego, Calif. (December 2016).

Legrand, Pierre

Legrand's publications include “Derrida?s Gadamer ” in Law?s Hermeneutics: Other Investigations p.144 (Glanert, and Girard, eds.) (Routledge, 2017).

Lobel, Orly

Lobel's publications include You Don't Own Me: HOW MATTEL V. MGA ENTERTAINMENT EXPOSED BARBIE'S DARK SIDE (W.W. Norton and Company, forthcoming 2017). “Coase & the Platform Economy” in Sharing Economy Handbook (Cambridge University Press, 2017).

Lobel's presentations and conferences include at Gruter Institute Annual Conference in Squaw Valley, Calif. (May 2017); at Platform Law Conference at UC Berkeley Law School in Berkeley, Calif. (April 2017); "Regulation of Internet Platforms" at Berkeley Center for Law & Technology Symposium in Berkeley, Calif. (April 2017); "The Art of the IP Deal" (April 2017); at Implementing and Evaluating the Defend Trade Secrets Act at University of Missouri Law School in Columbia, Mo. (March 10, 2017); at 17th Annual Women and the Law Conference at Thomas Jefferson School of Law (February 2017); "Inauguration Conference of Center on Disability Law" at Loyola Law School in Los Angeles, Calif. (January 2017); "The Sharing Economy" at Grand Bibliotheque du Quebec in Montreal, Canada (January 2017); "Workshop on Regulating the Sharing Economy " at Université de Sherbrooke - Campus de Longueuil in Longueuil, Canada (January 2017); at Annual Meeting of Labor Law Group at UCLA Faculty Center (December 2016); at Fischman Anniversary Conference at Waldorf Astoria Hotel in Jerusalem, Israel (November 2016); and "Faculty Workshop" at The Law of the Platform at Fordham University School of Law in New York, N.Y. (September 2016).

Partnoy, Frank

Partnoy's publications include “Corporations and Human Life” in 40 Seattle University Law Review 399 (2017); and “Frank and Steven?s Excellent Corporate Raiding Adventure” in The Atlantic (forthcoming 2017).

Partnoy's presentations and conferences include "What's (Still) Wrong with Credit Rating Agencies" at UC Berkeley Law School in Berkeley, Calif. (February 9, 2017); "What's (Still) Wrong with Credit Rating Agencies" at Vanderbilt University Law School in Nashville, Tenn. (February 6, 2017); "Can We Really Govern for the Long-Term vs. Quarterly Fixation? " at Corporate Directors Forum in San Diego, Calif. (January 23, 2017); "What's (Still) Wrong with Credit Rating Agencies" at University of California, Irvine - School of Law in Irvine, Calif. (January 13, 2017); "Why [Transactional] Law Matters" at AALS Annual Meeting in San Francisco, Calif. (January 6, 2017); "What's (Still) Wrong with Credit Rating Agencies" at Standford University in Stanford, Calif. (December 2, 2016); "Information Bundling and Securites Litigation " at Graduate School of Business: Accounting, Stanford University in Stanford, Calif. (November 30, 2016); "Corporations and Human Life" at Standford Law School in Stanford, Calif. (November 28, 2016); "Hedge Fund Activism" at Sydney Law School in Sydney, Australia (September 26, 2016); "Emerging Issues in Governance and Investing" at Public Funds Forum in Park City, Utah (September 8, 2016); and "Activist Investors" at Oxford University in Oxford, United Kindgom (September 1, 2016).

Ramsey, Lisa P.

Ramsey's presentations and conferences include "Nontraditional Trademarks and Inherently Valuable Expression " at NYU Law School in New York City, N.Y. (April 2017); at Trademark Scholars Roundtable at Chicago-Kent College of Law in Chicago, Ill. (March 2017); "Nontraditional Trademarks and Inherently Valuable Expression " at The Protection of Non-Traditional Marks: Critical Perspectives Roundtable at Singapore Management University in Singapore (January 2017); and "A Free Speech Right to Trademark Protection? " at Intellectual Property Colloquium at Maurer School of Law, Indiana University Bloomington in Bloomington, Ind. (November 2016).

Ramsey, Michael D.

Ramsey's publications include “The Treaty and Its Rival: Making International Agreements in U.S. Law and Practice” in Treaties as law of the Land? Change and Uncertainty in Domestic Effects of International Agreements (Gregory Fox, ed.) (Cambridge University Press, forthcoming 2017). “Constitutional War Initiation and the Obama Presidency” in American Journal of International Law (forthcoming 2017); and “Justice Scalia's Originalism in Practice” in 92 Notre Dame Law Review (forthcoming 2017).

Ramsey's presentations and conferences include "Justice Scalia's Originalism in Practice" at Justice Scalia and the Federal Courts at Notre Dame Law School in South Bend, Ind. (February 2017).

Rappaport, Michael B.

Rappaport's publications include “Classical Liberal Administrative Law in a Progressive World ” in Handbook on Classical Liberalism (Todd Henderson, ed.) (Cambridge University Press, forthcoming 2017). “The Constitution and the Language of the Law” in William and Mary Law Review (with John McGinnis) (2017). North Korea and the Gadhafi Double-Cross The Daily Transcript (April 21, 2017); A Legal Historian Takes Issue with Originalism The Daily Transcript (April 5, 2017); Do Liberals Want Conservative Nonoriginalists? The Daily Transcript (March 20, 2017); Let's Amend the Constitution to Prohibit Lame-Duck Pardons The Daily Transcript (February 24, 2017); President Trump and the Foreign Emoluments Clause The Daily Transcript (February 10, 2017); and President Trump and the Foreign Emoluments Clause The Daily Transcript (February 10, 2017).

Schwarzschild, Maimon

Schwarzschild's publications include “Complicated - But Not Too Complicated: Sunset of EU Law in the UK After Brexit” in Cardozo Law Review (forthcoming 2017); “Liberalism, Liberal and Illiberal” in 54 San Diego Law Review (forthcoming 2017); and “Liberalism, Liberal, and Illiberal” in 54 San Diego Law Review (forthcoming 2017).

Schwarzschild's presentations and conferences include at British Exit from the European Union ("Brexit") Conference at NYU Law School in New York City, N.Y. (April 2017); "Against Diversity " at AALS President's Program on Diversity at AALS ANNUAL MEETING in San Francisco, Calif. (January 2017); and "Bureaucratic Takeover of Criminal Sentencing " at Conference on Managing Judges - Technology, History, and Separation of Powers at University of Haifa in Haifa, Israel (December 2016).

Sichelman, Ted

Sichelman's publications include “Data Sources on Patents, Copyrights, Trademarks, and Other Intellectual Property” in The Economics of Intellectual Property Rights (Analytical Methods) (Menell, and Schwartz, eds.) (forthcoming 2017); and “Startups & The Patent System: A Narrative” in Law & Society Perspectives in Intellectual Property (Halbert, and Gallagher, eds.) (forthcoming 2017). “Data-Generating Patents” in 111 Northwestern University Law Review 377 (with Simon) (2017); “Innovation Factors for Reasonable Royalties” in 24 Texas Intellectual Property Law Journal (forthcoming 2017); and “Patents, Prizes, and Property Rules” in 30 Harvard Journal of Law and Technology 279 (2017).

Sichelman's presentations and conferences include "Very Tight ?Bundles of Sticks?: Hohfeld?s Complex Jural Relations" at Wesley Newcomb Hohfeld Centennial Workshop at Yale Law School in New Haven, Conn. (October 2016).

Smith, Steven D.

Smith's presentations and conferences include " ?The Pagan City, the Christian City, and the Secular City?; ?Culture Wars as Pagan Counterrevolution?; and ?Coming Home? The Imminent Immanent City.?" at Charles E. Test Distinguished Lecture series for the Madison Program at Princeton in Princeton, N.J. (May 2017).

Sohoni, Mila

Sohoni's publications include “Crackdowns” in 103 Virginia Law Review 31 (2017); and “On Dollars and Deference: Agencies, Spending, and Economic Rights” in 66 Duke Law Journal 1677 (2017).

Sohoni's presentations and conferences include "On Dollars and Deference" at St. John's Law School Faculty Workshop at St. John's Law School in Queens, N.Y. (April 5, 2017); "On Dollars and Deference" at UCLA Law School Faculty Workshop at UCLA School of Law in Los (March 3, 2017); "On Dollars and Deference" at UC Hastings Law Faculty Workshop at UC Hastings in San Francisco, Calif. (February 21, 2017); "Duke Law Journal 47th Annual Administrative Law Symposium " in Durham, N.C. (February 3, 2017); and "On Dollars and Deference" at New Voices in Administrative Law Event at AALS Annual Meeting in San Francisco , Calif. (January 6, 2017).

Spector, Horacio

Spector's publications include “A Risk Theory of Exploitation” in The Philosophic Foundations of Labor Law (Oxford University Press, forthcoming 2017).

Wiggins, Mary Jo

Wiggins' publications include Questions & Answers: Bankruptcy, 2nd Ed. (with Markell) (Lexis Nexis, forthcoming 2017).

Wiggins' presentations and conferences include "A Career in Law & Service to the Community: Finding the Balance" at Black Law Students Association Speaker Panel at University of San Diego in San Diego, Calif. (September 2016).