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University of San Diego School of Law
Advocate Fall 2016 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 2015-16 academic year.


Abrams, Howard

Abrams' presentations and conferences include "Leveraged Partnership Distributions" at 2015 USC Annual Tax Institute in Los Angeles, Calif. (January 2016).

Alexander, Lawrence A.

Alexander's publications include “Distributive Justice and Retributive Justice” in Oxford Handbook of Distributive Justice (Olsaretti, ed.) (Oxford University Press, forthcoming 2016); “Duties to Act Triggered By Creation of the Peril: Easy Cases, Puzzling Cases, and Complex Culpability” in (D. Nelkin, and S. Rickless, eds.) (Oxford University Press, forthcoming 2016); “Freedom of Religion and Expression” in A Companion to Applied Philosophy (Lippert-Rasmussen, Coady, and Brownlee, eds.) (Wiley-Blackwell, forthcoming 2016); “Ignorance as a Legal Excuse” in Moral and Legal Ignorance (Peels, ed.) (Routledge, forthcoming 2016); “Recipe for a Theory of Self-Defense: The Ingredients, and Some Cooking Suggestions” in The Ethics of Self-Defense (Coons, and Weber, eds.) (Oxford University Press, forthcoming 2016); and “The Means Principle” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, forthcoming 2016). “Legal Positivism and Originalist Interpretation” in (forthcoming 2016).

Alexander's presentations and conferences include "Jurisprudence" at AALS in New York, N.Y. (January 7, 2016); "Book Conference on Ignorance of Law: A Philosophical Inquiry by Douglas Husak" in New Haven (11-12); and "Panel on Law and Justice" at National Workshop for Bankruptcy Judges II in Washington D.C., D.C. (August 5, 2015).

Barry, Jordan M.

Barry's publications include “The Lay of the Land and Disputed Signposts” (Research Handbook on Mergers and Acquisitions) in (Claire Hill, and Steve Davidoff-Solomon, eds.) (forthcoming 2016).

Barry's presentations and conferences include "What is BEPS? Where Did It Come From? And What Is State Aid?" at Tax Law Society at University of San Diego in San Diego, Calif. (January 28, 2016); and "Regulatory Entrepreneurship" at Law and Entrepreneurship Association Retreat at University of San Diego (January 22, 2016).

Bell, Abraham

Bell's publications include “Economic Analysis of the Law of Territorial Sovereignty” (in Research Handbook on the Economics of Public International Law) in (Eugene Kontorovich, ed.) (2016). “Of Property and Information” in 116 Columbia Law Review (with Gideon Parchomovsky) (forthcoming 2016); and “The Dual-Grant Theory of Fair Use” in 83 University of Chicago Law Review (with Gideon Parchomovsky) (forthcoming 2016).

Bell's presentations and conferences include "The Dual-Grant Theory of Fair Use" at The Many Faces of Innovation at Bar Ilan University (January 2016); "Of Property and Information" at Eleventh Annual Conference of the Italian Society of Law and Economics at Universita di Napoli - Federico II (December 2015); "The Dual-Grant Theory of Fair Use" at The Fourth Global Congress on Intellectual Property and the Public Interest at National Law University in Delhi (December 2015); "The Dual-Grant Theory of Fair Use" at Oxford University Press IP Workshop at Tel Aviv University (December 2015); "The Dual-Grant Theory of Fair Use" at EMNet 2015, Seventh International Conference on Economics and Management of Networks at University of the Western Cape in Cape Town (December 2015); at International Christian Embassy Jerusalem Symposium: The Economic Wall of the EU Labeling Move at European Parliament (November 2015); at International Legitimacy for Zionism at Begin Center in Jerusalem, Israel (November 2015); "The Dual-Grant Theory of Fair Use" at Copyright Scholarship Roundtable at University of Pennsylvania School of Law (November 2015); and "Universal Jurisdiction" at Asymmetric War and Asymmetric Law: Israel's Conflicts and the International Legal System, at Human Rights Voices in New York, N.Y. (October 2015).

Cole, Kevin

Cole's publications include “Backpedalling in Place: The ALI's Move from "Affirmative" to "Contextual" Consent” in (forthcoming 2016); and “Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of "Affirmative Consent" in the ALI's Draft Sexual Assault Provisions” in San Diego Law Review (forthcoming 2016).

Dalton, Margaret A.

Dalton's presentations and conferences include "Key Trends in Special Education Law" at Disability Rights California State-Wide Trainint in Sacramento, Calif. (October 11, 2015).

Dripps, Donald A.

Dripps' publications include “Understanding Due Process” (in the Cambridge Companion to the Constitution) in (Karren Orren, and John Compton, eds.) (Cambridge University Press, forthcoming 2016). “"Perspectives on the Fourth Amendment" Forty Years Later: Toward an Inclusive Regulatory Model” in Minnesota Law Review (forthcoming 2016); and “Guilt, Innocence, and Due Process of Plea Bargaining” in William and Mary Law Review (forthcoming 2016).

Dripps' presentations and conferences include ""Perspectives on the Fourth Amendment" Forty Years Later: Toward an Inclusive Regulatory Model" at Minnesota Law Review's Centennial Symposium at University of Minnesota Law School in Minneapolis, Minn. (October 2, 2015).

Fellmeth, Robert C.

Fellmeth's publications include California Governor's Veto Leaves College Students Adrift San Jose Mercury News (November 30, 2015).

Fellmeth's presentations and conferences include "Regulation Excesses and Deficiencies - When to Regulate, How and by Whom?" at The California Little Hoover Commission in Sacramento, Calif. (February 4, 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, forthcoming 2016); and “Not So Fast: The Hidden Difficulties of Taxing Wealth” in Nomos Wealth Volume (The American Society for Political and Legal Philosophy, forthcoming 2016). “Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers” in 57 Boston College Law Review 913 (2016).

Fleischer's presentations and conferences include "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); "How is Opera Like a Soup Kitchen? " at Australian Society of Legal Philosophy Annual Conference Book Symposium (July 2016); "The Philosophical Foundations of a Universal Basic Income" at Mid-Level Tax Scholars Conference at UC-Davis School of Law (May 2016); "Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers" at UCLA Law School Colloquium on Tax Policy and Public Finance at University California Los Angeles in Los Angeles, Calif. (March 2016); "Not So Fast: The Hidden Difficulties of Taxing Wealth" at Boston College Law School Tax Policy Colloquium at Boston College Law School (February 2016); "Not So Fast: The Hidden Difficulties of Taxing Wealth" at American Bar Association Section of Taxation Meeting (January 2016); "Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers" at Boston College Law School/American College of Trusts and Estates Counsel Symposium on The Centennial of the Estate Tax: Perspectives and Recommendations at Boston College Law School in Boston, Mass. (October 2015); and "Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers" at The Centennial of the Estate Tax: Perspectives and Recommendations at Boston College Law School/American College of Trusts and Estates Counsel (October 2015).

Fleischer, Victor

Fleischer's publications include “Job Creationism: Entrepreneurship & Tax Policy” in Fordham Law Review (forthcoming 2016); and “Taxing Alpha: Labor is the New Capital” in Tax Law Review (forthcoming 2016). The Executive Paycheck Myth The New York Times (November 4, 2015); and Stop Universities From Hoarding Money The New York Times (August 19, 2015).

Fleischer's presentations and conferences include at Law and Entrepreneurship Annual Conference at Brigham Young University (2016).

Folsom, Ralph H.

Folsom's publications include Foreign Investment Law (West Academic Publishing, 2016); and International Business Transactions Practitioner's Treatise, 12th Ed. (West Academic Publishing, 2016).

Fox, Dov

Fox's publications include “Religion and the Unborn under the First Amendment” in Law, Religion, and Health in America p.608 (Cohen, Sepper, and Lynch, eds.) (2016). “Constitutional Retroactivity in Criminal Procedure” in 91 Washington Law Review 463 (with Stein) (2016); and “Selective Procreation in Public and Private Law” in 64 UCLA Law Review 294 (2016). When Is a Juror Too Biased? CNN (October 3, 2016); Reproduction Gone Awry Daily Journal (April 11, 2016); From Chance to Choice to Court Huffington Post (April 3, 2016); The GOP Case Against Over Stem Cell Research The Huffington Post (August 7, 2015); and Reproductive Malpractice and the U.S. Military The Huffington Post (July 2, 2015).

Fox's presentations and conferences include "Reproductive Negligence" at Technology and the Law in 2030 at UCLA Law School in Los Angeles, Calif. (April 15, 2016); "Reproductive Negligence" at Baby Markets Congress at UC Irvine School of Law in Irvine, Calif. (3-4); "Reproductive Negligence" at Reproductive Justice Conference at NYU School of Law in New York, N.Y. (October 30, 2015); "The Legal Regulation of Genome Privacy" at Biomedical Informatics Seminar at UCSD in San Diego, Calif. (October 9, 2015); "The Legal Regulation of Genome Privacy in the United States" at Current Trends in Biomedical Informatics Weekly Seminar at University of California, San Diego in San Diego, Calif. (October 9, 2015); "The Right to Procreation" at Angelos Law Center Faculty Workshop in Baltimore, Md. (September 18, 2015); and "Genetic Discrimination" at Data Sharing Symposium at University of California, San Diego in San Diego, Calif. (September 2015).

Heiser, Walter

Heiser's publications include “General Jurisdiction in the Place of Incorporation: An Artificial Home for an Artificial Person” in 53 Houston Law Review 631 (2016).

Heriot, Gail

Heriot's publications include “Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias” in (with Hal Pashler) (forthcoming 2016). Why Aren't There More Black Scientists? The Wall Street Journal (October 21, 2015).

Heriot's presentations and conferences include "Racial Preferences Return to the Supreme Court: Fisher v. University of Texas" at The Heritage Foundation in Washington D.C. (December 7, 2015); "Will the Supreme Court End Affirmative Action: A Preview of Fisher v. University of Texas on the Eve of Oral Argument" at The Cato Institute in Washington D.C. (December 7, 2015); "Plenary Session: Workplace Equality and Race: Roadblocks and Routes to a Better Outcome" at Ninth Annual Conference of the ABA Section on Labor and Employment Law in Philadelphia, Pa. (November 6, 2015); "A Supreme Court Review: What's in Store for the October 2015 Term?" at Federalist Society in Washington D.C. (September 30, 2015); and "Colloquium: Political Power and Individual Liberty in Richard Epstein's "The Classical Liberal Constitution"" at Liberty Fund in Indianapolis, Ind. (6-8).

Legrand, Pierre

Legrand's publications include Negative Comparative Law (a critical conspectus on the theory of foreign and comparative research in law) (Routledge, forthcoming 2016).

Lobel, Orly

Lobel's publications include “Behavioral Approaches to the Study of Law” in Rethinking Legal Scholarship: A Transatlantic Interchange (Hans-Wolfgang Micklitz, Ed Rubin, and Rob van Gestel, eds.) (Oxford University Press, 2016). “Economic Espionage as Reality or Rhetoric: Prosperity as a Component of National Security” in Lewis and Clark Law Review (with Rochelle Dreyfuss) (forthcoming 2016). Why California Is Such a Talent Magnet Harvard Business Review (January 19, 2016); Why California is Such a Talent Magnet Harvard Business Review (January 2016); and High Tech Hubs & Post-Employment Restrictions: Hawaii Joins California in its Ban of Non-Competes (August 2015).

Lobel's presentations and conferences include "Faculty Workshop" at Georgetown in Washington D.C. (April 2016); at Annual Pemberton Lecture at 9th Circuit Court of Appeals Courthouse (February 2016); "Faculty Workshop" at Southern Methodist University in Dallas, Texas (February 2016); "Faculty Workshop" at Brigham Young University (February 2016); "Faculty Scholarship" at UC Irvine School of Law in Irvine, Calif. (January 2016); "Faculty Workshop" at UC Davis in Davis, Calif. (2016); "Faculty Workshop" at University of Michigan Law School in Ann ARbor, Mich. (October 2015); "Talent Summit" in Monterey, Calif. (October 2015); "Business Law Forum" at Lewis and Clark College in Portland, Ore. (September 2015); "Faculty Workshop" at University of Iowa College of Law in Iowa City, Iowa (September 2015); and "IP Notice" at Boston Law Review Symposium (September 2015).

Minan, John H.

Minan's presentations and conferences include "The Interplay between Water Conservation and Tiered Water Pricing" at Municipal Law Institute Symposium at McGeorge Law School (February 5, 2016); and "So You Have a Judgment — Now What? and Golf Law: A Litigator’s Dream" at Utah Bar CLE at Hobble Creek in Springville, Utah (with Bryan Cannon) (September 21, 2015).

Partnoy, Frank

Partnoy's publications include “Law and the Theory of Fields” in 39 Seattle University Law Review 579 (2016). Few Traders Are Likely to Be Deterred by Verdict on Tom Hayes Financial Times (August 4, 2015).

Partnoy's presentations and conferences include "The Second Wave of Hedge Fund Activism" at Fordham Law School in New York, N.Y. (April 28, 2016); "Delaware and Financial Institutions" at University of California, Berkeley in Berkeley , Calif. (April 14, 2016); "The Second Wave of Hedge of Fund Activism" at Notre Dame Law School in Notre Dame, Ill. (April 8, 2016); "The Second Wave of Hedge Fund Activism" at USC Gould School of Law in Los Angeles , Calif. (January 28, 2016); "Top Hedge Funds: The Importance of Reputation in Shareholder Activism" at Brigham Young University School of Law in Provo, Utah (November 13, 2015); "The Effects of Hedge Fund Activism" at Conference on the Future of Research on Hedge Fund Activism at University of San Diego in San Diego, Calif. (October 23, 2015); "Top Hedge Funds: The Importance of Reputation in Shareholder Activism" at Vanderbilt Law School in Nashville, Tenn. (October 12, 2015); "Corporate Innovation and Regulation" at Sydney Law School in Sydney, NSW, Australia (September 16, 2015); "The New Credit Rating Regime" at University of Hong Kong in Hong Kong, China (September 11, 2015); "Bank Reputation" at Centre for Corporate Reputation, Said Business School, Oxford University in Oxford (September 3, 2015); and "Regulating Financial Innovation: OF Credit Ratings and Hedge Fund Activism" at Center for Advanced Studies, LMU in Munich, Germany (July 2, 2015).

Ramirez, Jean

Ramirez's publications include California Criminal Litigation In Action, Third Ed. (with Laura Berend) (Carolina Academic Press, 2016).

Ramsey, Lisa P.

Ramsey's publications include “A Free Speech Right to Trademark Protection” in 106 Trademark Reporter 797 (2016).

Ramsey's presentations and conferences include at 4th Annual Trademark Works-in-Progress Colloquium at American University in Washington D.C. (November 13, 2015); and "Trademarking Everything? Why Brands Should Care About Limits on Trademark Rights" at Intellectual Property Scholars Roundtable at Texas A&M School of Law in Fort Worth, Texas (October 10, 2015).

Ramsey, Michael D.

Ramsey's publications include “The Treaty and Its Rivals: Making International Agreements in U.S. Law and Practice” in Treaties as Law of the Land? Change and Uncertainty in the Domestic Effects of International Agreements (Gregory Fox, ed.) (Cambridge University Press, forthcoming 2016). “A Textual Approach to Treaty Non-Self-Execution” in Brigham Young University Law Review (forthcoming 2016).

Rappaport, Michael B.

Rappaport's presentations and conferences include "Defending Original Methods" at Pepperdine Law School Faculty (April 2016); and "Defending Original Methods" at Originalism Works in Progress Conference at San Diego (February 2016).

Saucet, Marcel

Saucet's publications include Street Marketing, guerrilla marketing actions in the Street (ABC CLIO Edition, forthcoming 2015); and La marque chez le psy (Les Éditions Diateino, 2015).

Schwarzschild, Maimon

Schwarzschild's publications include “Do Religious Exemptions Save?” in 53 San Diego Law Review (forthcoming 2016); “Free Trade Then and Now, or Still Manchester United” in 53 San Diego Law Review (forthcoming 2016); and “Liberalism, Liberal, and Illiberal” in 54 San Diego Law Review (forthcoming 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 2016); and “Startups & The Patent System: A Narrative” in Law & Society Perspectives in Intellectual Property (Halbert, and Gallagher, eds.) (forthcoming 2016). “Data-Generating Patents” in 111 Northwestern University Law Review (with Simon) (forthcoming 2016); “Data-Generating Patents” in 111 Northwestern University Law Review (with Simon) (forthcoming 2016); “Focus on Economically Important Patent Applications to Enhance Patent Quality” in 2 Berkeley Technology Law Journal (2016); and “Patents, Prizes, and Property Rules” in Harvard Journal of Law and Technology (forthcoming 2016). Fifteenth International Conference on Artificial Intelligence and Law (ICAIL 2015) (2016); Why the (Previously) Improving Economy Likely (Also) Reduced Patent Litigation Rates Patently-O (September 13, 2015); Why the (Previously) Improving Economy Likely (Also) Reduced Patent Litigation Rates Patently-O (September 13, 2015); Reinvigorating the Public-Private Law Divide: A Hohfeldian Construction of the State New Private Law (September 10, 2015); Top 25 Most Cited Contract Law Articles Published in the Last 25 Years New Private Law (September 10, 2015); A Pluralistic Vision of Incentivizing Innovation Jotwell (July 20, 2015); and Are there Too Many Patents To Search? New Private Law (July 2, 2015).

Sichelman's presentations and conferences include "Patents as Hedges" at Annual Patent Law Conference at University of San Diego School of Law in San Diego, Calif. (January 2016); "Revisiting Labor Mobility in Innovation Markets" at Law and Entrepreneurship Workshop at University of San Diego School of Law in San Diego, Calif. (January 2016); "Revisiting Labor Mobility in Innovation Markets" at Harvard Law School Faculty Workshop (January 2016); "Patents as Hedges" at IP Speaker Series at University of San Diego School of Law in San Diego, Calif. (November 2015); "Decade of Diversity" at University of San Diego School of Law in San Diego, Calif. (October 2015); "Patents as Hedges" at Law Faculty Colloquium at University of San Diego School of Law in San Diego, Calif. (October 2015); "The Role of Academics in Policymaking in Patent Law" at Microsoft IP Academic Roundtable (October 2015); "Patents as Hedges" at Thomas Edison Innovation Fellowship Meeting at George Mason University School of Law Center for Protection of Intellectual Property in Arlington, Vt. (September 2015); "Patents as Hedges" at Thomas Edison Innovation Fellowship Meeting at George Mason University School of Law Center for Protection of Intellectual Property in Arlington, Va. (September 2015); "Trademarks as Club Goods" at Intellectual Property Scholars Conference at DePaul University College of Law in Chicago, Ill. (with Bell) (August 2015); and "Trademarks as Club Goods" at Intellectual Property Scholars Conference at DePaul University College of Law in Chicago, Ill. (August 2015).

Smith, Steven D.

Smith's publications include “Die and Let Live? The Asymmetry of Accommodation” in Religious Freedom and Gay Rights (Oxford University Press, forthcoming 2016); and “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., ed.) (forthcoming 2016). “The Tortuous Course of Religious Freedom ” in Notre Dame Law Review (forthcoming 2016); and “Wisdom and Reason in Law” in University of Colorado Law Review (forthcoming 2016).

Sohoni, Mila

Sohoni's publications include “The Administrative Constitution in Exile” in 57 William and Mary Law Review 923 (2016).

Sohoni's presentations and conferences include "Roundtable on "Courts as Agencies"" at Law & Society Conference in New Orleans, La. (June 2, 2016); "King v. Burwell and the Regulatory State" at UCSD Osher Institute in San Diego, Calif. (May 20, 2016); "Research Roundtable on Environmental Law in the Administrative State" at George Mason University School of Law in Washington D.C. (5-6); "Crackdowns" at Law Faculty Workshop at University of Arizona School of Law in Tucson, Ariz. (April 7, 2016); "Crackdowns" at Southern California Law and Social Sciences Forum (SOCLASS) at UCSD in San Diego, Calif. (March 18, 2016); "Crackdowns" at Cardozo-Yale Legislation Roundtable at Cardozo Law School in New York, N.Y. (March 11, 2016); "Symposium on Administrative Law" at University of Missouri School of Law in Columbia, Mo. (March 4, 2016); "Panel " at Seventh Annual High & Hazel Darling Foundation Originalism Conference at University of San Diego School of Law in San Diego, Calif. (February 2016); "Crackdowns" at New Voices in Administrative Law Event, at AALS Annual Meeting in New York, N.Y. (January 7, 2016); "Crackdowns" at Faculty Workshop at University of Virginia in Charlottesville, Va. (November 13, 2015); and "Crackdowns" at Faculty Workshop at Pepperdine Law School in Malibu, Calif. (November 9, 2015).

Spector, Horacio

Spector's publications include “Derechos Humanos” (In spanish) in Diccionario de Justicia (with Juan Carlos Pereda Failache et al.) (Sage Publications, 2016); and “The Moral Asymmetry between Acts and Omissions” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, 2016). “Decisional Nonconsequentialism and the Risk Sensitivity of Obligation” in 32 Social Philosophy & Policy (forthcoming 2016).

Wiggins, Mary Jo

Wiggins' publications include Questions & Answers: Bankruptcy, 2nd Ed. (with Markell) (Lexis Nexis, forthcoming 2016).