University of San Diego School of Law
Advocate Fall 2017 Issue

Faculty Footnotes

The USD School of Law faculty is committed to advancing the study and practice of law. In these pages, learn how our professors are impacting law at national and global levels.

Lawrence A. Alexander
Alexander published “Robert Nagel and the Emptiness of the Supreme Court’s Standards of Review ” in 88 Colorado Law Review 325 (2017); “Freedom of Religion and Expression” in A Companion to Applied Philosophy (Lippert-Rasmussen, Coady, and Brownlee, eds.) (Wiley-
Blackwell, 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, 2016); “Ignorance as a Legal Excuse” in Moral and Legal Ignorance (Peels, ed.) (Routledge, 2016); and “The Means Principle” in Legal, Moral, and Metaphysical Truths: The Philosophy of
Michael Moore (Ferzan and Morse, eds.) (Oxford University Press, 2016).

Alexander’s forthcoming publications include Reflections on Crime and Culpability: Problems and Puzzles (with Kimberly Ferzan) (Cambridge University Press); “Distributive Justice and Retributive Justice” in Oxford Handbook of Distributive Justice (Olsaretti, ed.) (Oxford University Press); “Duties to Act Triggered By Creation of the Peril: Easy Cases, Puzzling Cases, and Complex Culpability” in The Ethics and Law of Omissions (D. Nelkin and S. Rickless, eds.) (Oxford University Press); “Brexit and the Future of Liberal Democracy” in Cardozo 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.

Alexander organized and participated
in the Analytic Legal Philosophy Conference at Michigan Law School in Ann Arbor, Mich. (April 2017); presented at Crime Without Fault Symposium at Georgetown Law School in Washington,
D.C. (January 2017); and presented “Jurisprudence” at AALS in New York, N.Y. (January 7, 2016).


Jordan M. Barry                                                                                                              Barry’s publications include “Regulatory Entrepreneurship” in 90 Southern California Law Review 383 (with Elizabeth Pollman) (2017). Barry also published “Takeover Defenses: The Lay of the Land and Disputed Signposts” in Research Handbook on Mergers and Acquisitions (Claire Hill and Steven Davidoff-Solomon, eds.) (2016) and “A Brief Review of Corporate Tax Articles 2014-2015” in 151 Tax Notes 207 (with Karen C. Burke) (2016).

Abraham Bell
Bell published “Economic Analysis of the Law of Territorial Sovereignty” (Research Handbook on the Economics of Public International Law) (Eugene Kontorovich, ed.) (2016); “Partial Takings” in 117 Columbia Law Review (with Gideon Parchomovsky) (2017); “Of Property and Information” in 116 Columbia Law Review (with Gideon Parchomovsky) (2016); “Palestine, Uti
Possidetis Juris and the Borders of Israel” in 58 Arizona State Law Review 633 (with Eugene Kontorovich) (2016); and “The Dual Grant Theory of Fair Use” in 83 University of Chicago Law Review 1051 (with Gideon Parchomovsky) (2016).

Bell presented “International Law
and the 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 Future of the International Criminal Court and Impacts for Israel: A Roundtable Discussion” at Bar Ilan University in Ramat Gan, Israel (December 2016); “Reforming Infringement” 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, Mass. (September 2016); “Reforming Infringement” at University of San Diego in San Diego, Calif. (August 2016).


Roy L. Brooks
Brooks published “International Redress for Past Atrocities: A Theory of Redress,” in Pacific Island Book Series 2; Jeju 4.3 Grand Tragedy During “Peacetime” Korea: The Asia Pacific Context (Chang Hoon Ko, Roy L. Brooks, et al., eds.) (Jeju, South Korea: C&P Press, 2016); “Patriotism Is Much More Than Knee-Jerk Flag-Waving” in San Diego Union Tribune, September 15, 2016; “Reparative Justice and the Post-Conflict Stage of Modern Slavery” in Contemporary
Slavery: Popular Rhetoric and Political Practice (Annie Bunting and Joel Quirk, eds.) (Toronto, UBC Press, 2017); The Racial Glass Ceiling: Subordination in American Law and Culture (New Haven: Yale University Press, 2017).

Brooks’ forthcoming publications include Diversity Judgments (New York: Cambridge University Press); “Socio-Legal Implications of Feagin’s Systemic Racism” in Making Liberty, Justice, and
Democracy Real (Ruth Thompson-Miller and Kimberley Ducey, eds.) (New York: Palgrave Macmillan). Brooks presented at the International Conference Center at Hiroshima, Japan
(July 2017). He also presented at Sheppard Mullin Rickter & Hampton LLP (February 2017) and Latham & Watkins LLP (April 2017), and both presentations streamed live to the firms’ law offices worldwide. 

Laurence Claus                                                                                                                    Claus presented “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).

Kevin Cole
Cole published “Backpedalling in Place: The ALI’s Move from ‘Affirmative’ to ‘Contextual’ Consent” (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 53 San Diego Law Review 507 (2016). Cole’s forthcoming publications include “Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent” in Montana Law Review. Cole presented “Sexual Assault Law” at Browning Symposium at University of Montana Law School in Missoula, Mont. (October 2016).

Lynne L. Dallas
Dallas published “Long-Term Shareholders and Time-Phased Voting” in 40 Delaware Journal of Corporate Law 541 (with Jordan Barry) (2016).

Dallas’ forthcoming publications include “Is There Hope for Change? The Evolution of Conceptions of ‘Good’ Corporate Governance” in San Diego Law Review.

Dallas organized “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). She presented “Corporate Law, Governance and Purpose—Looking Back and Looking Forward” at Washington and Lee University School of Law in Lexington, Va. (October 22, 2016) and “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).

Donald A. Dripps
Dripps published “Understanding Due Process” (in the Cambridge Companion to the Constitution) (Karren Orren and John Compton, eds.) (Cambridge University Press, 2016); “’Perspectives on the Fourth Amendment’ Forty Years Later: Toward an Inclusive Regulatory Model” in 100 Minnesota Law Review 1885 (2016); “Guilt, Innocence, and Due Process of Plea
Bargaining” in 57 William & Mary Law Review 1343 (2016); and “The Civil Side of Criminal Procedures” in 14 Ohio State Law Journal (2016).

Dripps presented “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).

Miranda Perry Fleischer
Perry Fleischer published “Not So Fast: The Hidden Difficulties of Taxing Wealth” in Nomos Wealth Volume (The American Society for Political and Legal Philosophy, 2017); “How Is the Opera Like a Soup Kitchen?” in The Philosophical Foundations of Tax Law (Oxford University Press, 2016); and “Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth
Transfers” in 57 Boston College Law Review 913 (2016).

Perry Fleischer’s forthcoming publications include “Subsidizing Charity Liberally” in the Research Handbook on Not-for-Profit Law. Perry Fleischer presented “Atlas Nods: The Libertarian Case for a Universal Basic Income” at NYU’s Tax Policy and Public Finance Colloquium and Seminar (April 2017); at the 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); and at Northwestern University School of Law’s Tax Policy Colloquium at Northwestern University in Chicago, Ill. (October 2016). She presented “Subsidizing Charity Liberally” at Columbia University Law School’s Public Law Workshop at Columbia University Law School in New York, N.Y. (February 2017); “Not So Fast: The Hidden Difficulties of Taxing Wealth “ at the University of Minnesota Law School’s Tax Policy Workshop (October 2016); and
“Now or Later? Intergenerational Justice and Charitable Giving” at the Boston College Law Forum on Philanthropy and the Public Good Academic Symposium on Perpetuities, Limited Life, and the Responsibility of Philanthropy the Present and Future at Boston College School of Law (September 2016).

Victor Fleischer
Fleischer published “Job Creationism: Entrepreneurship & Tax Policy” in Fordham Law Review (2016). In October 2016, Fleischer was appointed the Democratic Chief Tax Counsel of the U.S. Senate Finance Committee. He returned to the faculty in August 2017 and also assumed the role of director of USD’s Tax Programs.

Dov Fox
Fox published “Privacy-Protecting Rare Disease International Network Collaboration” in Bioinformatics (with Feng Chen et al.) (2017); “Religion and the Unborn under the First Amendment” in Law, Religion, and Health in America (Cohen, Sepper, and Lynch, eds.)
(2016); “Reproductive Negligence” in 117 Columbia Law Review 149 (2017); “Constitutional Retroactivity in Criminal Procedure” in 91 Washington Law Review 463 (with Stein) (2016); “Genome Privacy” in Annals of N.Y. Academy of Sciences (with Shuang Wang et al.) (2016);
“Protecting Genomic Data Analytics in the Cloud” in BMC Med. Genomics (with Haixu Tang et al.) (2016); and “Selective Procreation in Public and Private Law” in 64 UCLA Law Review 294 (2016).

Fox’s forthcoming publications include Birth Rights and Wrongs (Oxford University Press).

Fox presented “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); “Subversive Science” at BioLaw Conference at Stanford Law School in Palo Alto, Calif. (April 20, 2017); “Reproductive Negligence” at Technology and the Law in 2030 at UCLA Law School in Los Angeles, Calif. (April 15, 2016); and “Reproductive Negligence” at Baby Markets Congress at UC Irvine School of Law in Irvine, Calif. (April 2, 2016).

Walter Heiser
Heiser’s recent publications include California Civil Procedure, 4th Ed. (Carolina Academic Press, 2017); California Civil Procedure Handbook (Carolina Academic Press, 2016); and “General Jurisdiction in the Place of Incorporation: An Artificial Home for an Artificial Person” in 53
Houston Law Review 631 (2016). 

Gail Heriot
Heriot published “Apprenticeship: Useful Alternative, Tough to Implement” (2016) and “Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias” (with Hal Pashler) (2016).

Adam Hirsch
Hirsch published “Testation and the Mind” in 74 Washington and Lee Law Review (2017).

Michael B. Kelly
Kelly published Contract Law in Focus (with Ponte) (Wolters Kluwer, 2017); Principles of Remedies Law, 3rd Ed. (with Weaver and Shoben) (West Academic Publishing, 2017); and Remedies: A Contemporary Approach, 4th Ed. (with Weaver, Partlett, and Cardi) (West
Academic Publishing, 2016). Kelly presented “Arbitration and the Battle for Freedom of Contract” at Osher Institute for Lifelong Learning at University of California in San Diego, Calif.
(December 2016). 

Orly Lobel
Lobel published “The Law of the Platform” in Minnesota Law Review (2016); “Economic Espionage as Reality or Rhetoric: Prosperity as a Component of National Security” in Lewis and Clark Law Review (with Rochelle Dreyfuss) (2016); “Enforceability TBD: From Status
to Contract in Intellectual Property Law, IP notice symposium” in Boston University Law Review (2016); “The Gig Economy and the Future of Employment and Labor Law”—Lobel’s speech at the 12th Annual Pemberton Lecture, 9th Circuit Court of Appeals—in University of San Francisco Law Review (2016); and “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).

Lobel’s forthcoming publications include her new book, You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side (W.W. Norton).

Lobel was the keynote speaker at Implementing and Evaluating the Defend Trade Secrets Act at University of Missouri Law School in Columbia, Mo. (March 10, 2017). She presented at Platform Law Conference at UC Berkeley Law School in Berkeley, Calif. (April 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 Fischman Anniversary Conference at Waldorf Astoria Hotel in Jerusalem, Israel (November 2016); and at The Law of the Platform at Fordham University School of Law in New York, N.Y. (September
2016). She also served as the legal scholar representative on a White House working group on non-competes following her lecture at the White House in August 2016.

Frank Partnoy                                                                                                            Partnoy published “Corporations and Human Life” in 40 Seattle University Law Review 399 (2017) and “Frank and Steven’s Excellent Corporate Raiding Adventure” in The Atlantic (May 2017).

Partnoy presented “What’s (Still) Wrong with Credit Rating Agencies” at UC Berkeley Law School in Berkeley, Calif. (February 9, 2017), Vanderbilt University Law School in Nashville, Tenn. (February 6, 2017), and University of California, Irvine, School of Law in Irvine, Calif. (January 13, 2017); “Information Bundling and Securities Litigation” at Stanford Graduate School of Business in Stanford, Calif. (Nov. 30, 2016); “Can We Really Govern for the Long-Term vs. Quarterly Fixation?“ at Corporate Directors Forum in San Diego, Calif. (January 23, 2017); “Corporations and Human Life” at Stanford 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 Kingdom (September 1, 2016). 

Lisa P. Ramsey
Ramsey published “A Free Speech Right to Trademark Protection” in 106 Trademark Reporter 797 (2016).

Ramsey presented “Nontraditional Trademarks and Inherently Valuable Expression” at intellectual property conferences at New York University Law School (April 2017) and Singapore
Management University (January 2017). She also presented “A Free Speech Right
to Trademark Protection?” to students and intellectual property faculty at Maurer School of Law, Indiana University Bloomington (November 2016). In addition, Ramsey was an invited participant at the Trademark Scholars Roundtable at Chicago- Kent College of Law (March 2017). 

Michael D. Ramsey
Ramsey published “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, et al., ed.) (Cambridge University Press 2017) and “Justice Scalia’s Originalism in Practice,” 92 Notre Dame Law Review 1945 (2017).

Ramsey presented “Justice Scalia’s Originalism in Practice” at the symposium “Justice Scalia and the Federal Courts” at Notre Dame Law School in South Bend, Ind. (February 2017). 


Michael B. Rappaport
Rappaport published “The Constitution and the Language of the Law,” William & Mary Law Review (2017) (with John McGinnis); “Let’s Amend the Constitution to Prohibit Lame-Duck Pardons” in The Daily Transcript (February 24, 2017); “President Trump and the Foreign Emoluments Clause” in The Daily Transcript (February 10, 2017); “Do Liberals Want onservative Nonoriginalists?” in The Daily Transcript (March 20, 2017); “A Legal Historian Takes Issue with Originalism” in  The Daily Transcript (April 5, 2017); “North Korea and the Gadhafi Double-Cross” in The Daily Transcript (April 21, 2017); “Interpretation of Article V” (with David Strauss) in The Interactive Constitution (National Constitution Center); Originalism: An Essential Ingredient of the Constitutional Amendment Process” in The Interactive Constitution (National Constitution Center); “Interpretation of Article VII” (with Mark Graber) in The Interactive Constitution (National Constitution Center); and “Article VII and the Desirability of the Constitution” in The Interactive Constitution (National Constitution Center).

Rappaport’s forthcoming publications include “Classical Liberal Administrative Law in a Progressive World ” in Handbook on Classical Liberalism (Todd Henderson, ed.) (Cambridge University Press). 

Maimon Schwarzschild
Schwarzschild published “Do Religious Exemptions Save?” in 53 San Diego Law Review 185 (2016) and “Free Trade Then and Now, or Still Manchester United” in 52 San Diego Law Review 1067 (2016).

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

Schwarzschild organized and participated in the British Exit from the European Union (“Brexit”) Conference at NYU Law School in New York, N.Y. (April 2017) and presented “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).

Ted Sichelman
Sichelman published “Data-Generating Patents” in 111 Northwestern University Law Review 377 (with Simon) (2017); and “Patents, Prizes, and Property Rules” in 30 Harvard Journal of Law and Technology 279 (2017).

Sichelman’s forthcoming publications include “Innovation Factors for Reasonable Royalties” in 24 Texas Intellectual Property Law Journal; “Very Tight ‘Bundles of Sticks’: Hohfeld’s Complex Jural Relations” in The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentary (Shyam Balganesh, Ted Sichelman, and Henry Smith, eds.) (Cambridge University Press); “Data Sources on Patents, Copyrights, Trademarks, and Other Intellectual Property” in The Economics of Intellectual Property Rights (Analytical Methods) (Menell and Schwartz, eds.); and “Startups & The Patent System: A Narrative” in Law & Society Perspectives in Intellectual Property (Halbert and Gallagher, eds.).

Sichelman presented “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); “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); “An Economic Model of Patent Exhaustion” at Edison Fellowship Meeting at Center for Protection of Intellectual Property (with Olena Ivus and Edwin Lai) (2016); “Modeling Legal Modularity” at University of San Diego School of Law Faculty Colloquium at University of San Diego in San Diego, Calif. (with Henry Smil) (2016); “Retracing the Origins of the Patent System” at 2016 IP Scholars Conference (with Stefania Fusco and Toni Veneri) (2016); and “Revisiting Labor Mobility in Innovation Markets” at American Law & Economics Conference (with Jonathan Barnett) (2016).

Steven D. Smith
Smith published “Wisdom and Reason in Law” in 88 Colorado Law Review 301 (2017); “Die and Let Live? The Asymmetry of Accommodation” in Religious Freedom and Gay Rights (Oxford University Press, 2016); and “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., eds.) (2016).

Smith presented “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).

Thomas A. Smith
Smith published “From Law to Automation” in 1 Criterion Journal of Innovation 535 (2016); “Robot Slaves, Robot Masters, and the Agency Costs of Artificial Government” in 1 Criterion Journal of Innovation 1 (2016); and “Wisdom and Reason in Law” in 88 Colorado Law Review 301.

Mila Sohoni
Sohoni published “Crackdowns” in 103 Virginia Law Review 31 (2017).

Sohoni presented “On Dollars and Deference” at the St. John’s Law School Faculty Workshop in Queens, N.Y. (April 5, 2017); the UCLA Law School Faculty Workshop in Los Angeles, Calif. (March 3, 2017); the UC Hastings Law Faculty Workshop in San Francisco, Calif. (February 21, 2017); and at the New Voices in Administrative Law Event at the AALS Annual Meeting in San Francisco, Calif. (January 6, 2017). She also presented this paper at the Duke Law Journal’s 47th Annual Administrative Law Symposium in Durham, N.C. (February 3, 2017). The paper was published in 66 Duke Law Journal 1677 (2017).

Horacio Spector
Spector presented his essay “A Risk Theory of Exploitation,” which elaborates on one of the topics of his acclaimed “Philosophical Foundations of Labor Law,” at the Bentham House Conference on the Philosophical Foundations of Labour Law, London, sponsored by the Faculty of Laws of University College London, June 16-17, 2016. This essay will be published in The Philosophic Foundations of Labor Law (Hugh Collins, Gillian Lester and Virginia Mantouvalou, eds.) (Oxford University Press).

Mary Jo Wiggins
Wiggins’ forthcoming publications include Questions & Answers: Bankruptcy, 2nd Ed. (Lexis Nexis).

Wiggins presented “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). Wiggins served as the law school’s representative on two universitywide committees: the USD Strategic Planning Steering Committee and the USD Provost Search Committee. Wiggins taught mock law school classes at the USD School of Law Diversity Workshop, the USD School of Law Campus Visit Day and the USD Crawford High School Pre-Law Academy.