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Recent ​Faculty Scholarship
​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.
USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.
Alexander, Lawrence
Alexander's publications include “Distributive Justice and Retributive Justice” in Oxford Handbook of Distributive Justice (Olsaretti, ed.) (Oxford University Press, 2018); “Ignorance as a Legal Excuse” in Moral and Legal Ignorance (Peels, ed.) (Routledge, 2017); “The Means Principle” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, 2016); “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” in Precedent in the United States Supreme Court (Peters, ed.) (Spinger, 2013); “Redish on Freedom of Speech” in 107 Northwestern Law Review 593 (2013); “Fletcher on the Fault of Not Knowing” in Essays on Criminal Law (with Ferzan) (Christopher, ed.) (Oxford University Press, 2012); “Legal Objectivity and the Illusion of Legal Principles” in Institutionalized Reason: The Jurisprudence of Robert Alexy (Klatt, ed.) (Oxford University Press, 2012); Crime and Culpability: A Theory of Criminal Law (with Ferzan, and Morse) (Cambridge University Press, 2009); Demystifying Legal Reasoning (with Sherwin) (Cambridge University Press, 2008); Is There a Right of Freedom of Expression? (Cambridge University Press, 2005); The Rule of Rules: Morality, Rules, and the Dilemmas of Law (with Sherwin) (Duke University Press, 2001); “With Me It's All 'Er Nuthin: Formalism in Law and Morality” in 66 University of Chicago Law Review 530 (1999); “On Extrajudicial Constitutional Interpretation” in 110 Harvard Law Review 1539 (with Schauer) (1997); “Self Defense, Justification and Excuse” in 22 Philosophy and Public Affairs 53 (1993); and “What Makes Wrongful Discrimination Wrong?” in 141 University of Pennsylvania Law Review 149 (1992).
Barry, Jordan
Barry's publications include “Taxation and Innovation: The Sharing Economy as a Case Study” in Nestor Davidson, Michèle Finck and John Infranca, Cambridge Handbook on Law and Regulation of the Sharing Economy (Cambridge University Press, forthcoming 2018); “Tax Regulation, Transportation Innovation, and the Sharing Economy” in 81 University of Chicago Law Review Dialogue 69 (with Caron) (2014); “The Emerging Consensus for Cutting the Corporate Income Tax Rate” (solicited piece) in 18 Chapman Law Review 19 (2014); “On Derivatives Markets and Social Welfare: A Theory of Empty Voting and Hidden Ownership” in 99 Virginia Law Review 1103 (with Hatfield, and Kominers) (2013); “Is the Individual Mandate Really Mandatory?” in 135 Tax Notes 1633 (with Camp) (2012); “Pills and Partisans: Understanding Takeover Defenses” in 160 University of Pennsylvania Law Review 633 (with Hatfield) (2012); “Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause” in 64 Stanford Law Review 535 (2012); and “On Regulatory Arbitrage” in 89 Texas Law Review See Also 69 (2011).
Bell, Abraham
Bell's publications include “Governing Communities by Auction” in 80 University of Chicago Law Review 1 (with Parchomovsky) (2014); “Reinventing Copyright and Patent” in 113 Michigan Law Review 231 (with Parchomovsky) (2014); “Property Lost in Translation” in 80 University of Chicago Law Review 515 (with Parchomovsky) (2013); and “The Case for Imperfect Enforcement of Property Rights” in 160 University of Pennsylvania Law Review 1927 (with Parchomovsky) (2012).
Brooks, Roy L.
Brooks' publications include The Racial Glass Ceiling (Yale University Press, 2017); Structures of Judicial Decision Making from Legal Formalism to Critical Theory, no. Rev. 2nd (Carolina Academic Press, 2012); The Law of Discrimination: Cases and Perspectives (with Carrassco, and Selmi) (Lexis Nexis, 2011); Racial Justice in the Age of Obama (Princeton University Press, 2009); Atonement and Forgiveness: A New Model for Black Reparations (University of California Press, 2004); When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (New York University Press, 1999); Critical Procedure (Carolina Academic Press, 1998); and Integration or Separation? A Strategy for Racial Equality (Harvard University Press, 1996).
Christensen, Leah
Christensen's publications include "LEARNING PROFESSIONAL RESPONSIBILITY: FROM THE CLASSROOM TO THE PRACTICE OF LAW", no. 2nd (with Brooks Holland) (West Academic Publishing, 2018); “Law Students Who Learn Differently: A Narrative Case Study of Three Law Students with Attention Deficit Disorder ” in (2018); “The Short and Happy Guide to the MPRE" (West Academic Publishing, 2017); “The Weekend MPRE: A Complete Guide to the MPRE in Only a Weekend’s Time" (West Academic Publishing, 2016); “The Attorney-Client Privilege in U.S. and China” in (2012); “1L OF A YEAR”: RESEARCH-BASED LEARNING STRATEGIES TO MAXIMIZE YOUR SUCCESS IN LAW SCHOOL" (Carolina Academic Press, 2012); “Legal Reading and Success in Law School: The Reading Strategies of Law Students with Attention Deficit Disorder” in (2010); “THINKING OUTSIDE THE BOX: A HANDBOOK FOR LAW STUDENTS WHO LEARN DIFFERENTLY" (Carolina Academic Press, 2010); “Predicting Law School Success: A Study of Goal Orientations, Academic Achievement and the Declining Self-Efficacy of our Law Students” in (2009); “Navigating the Article Selection Process: An Empirical Study of Those With All the Power - Student Editors” in 59 South Carolina Law Review 465 (with Julie A. Oseid) (2008); “Going Back to Kindergarten: Considering the Application of Waldorf Principles to Legal Education” in (2007); “Legal Reading and Law School Success: An Empirical Study” in 30 Seattle University Law Review 603 (2007); and “The Psychology of Case Briefing: A Powerful Cognitive Schema” in (2006).
Claus, Laurence
Claus' publications include “A Republic, If the Courts Can Keep It?” in Wisconsin Law Review (forthcoming 2020); “Authority and Meaning” in 52 Connecticut Law Review (forthcoming 2020); “The Framers' Compromise” in 67 American Journal of Comparative Law 677 (2019); “Enumeration and the Silences of Constitutional Federalism” in 16 International Journal of Constitutional Law 904 (2018); “The Divided Executive” in 13 Duke Journal of Constitutional Law and Public Policy 25 (2018); “Vindicating Judicial Supremacy” in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Heidi M. Hurd, ed.) (Cambridge University Press, 2018); Law's Evolution and Human Understanding (Oxford University Press, 2012); “The Empty Idea of Authority” in 2009 University of Illinois Law Review 1301 (2009); “The One Court That Congress Cannot Take Away: Singularity, Supremacy, and Article III” in 96 Georgetown Law Journal 59 (2007); and “Montesquieu's Mistakes and the True Meaning of Separation” in 25 Oxford Journal of Legal Studies 419 (2005).
Cole, Kevin
Cole's publications include “Affirmative Consent, by Way of the Intoxication Defense” in 2017 University of Illinois Law Review 47 (2017); “Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent” in Montana Law Review (2017); "Sexual Assault Law" at Browning Symposium at University of Montana Law School (October 1, 2016); “Backpedalling in Place: The ALI's Move from "Affirmative" to "Contextual" Consent” in (2016); “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); The Little White Book of Baseball Law (with Minan) (ABA Publishing, 2009); Expanding the Right to a Jury Trial San Diego Union-Tribune (2004); An Assault on Our Civil Rights? Hardly San Diego Union-Tribune (2002); "Miranda and the Future of Police Interrogation" as moderator at at University of San Diego (March 7, 2000); "The Role of Benefit in the Criminal Law" as presenter at Association of American Law Schools at (January 9, 1999); Federal Sentencing Guidelines Handbook (with Haines, and Woll) (Shepard's/McGraw-Hill, 1996); "The Federal Sentencing Guidelines" as panelist at at University of San Diego (November 1, 1991); and Federal Sentencing and Forfeiture Guide (with Haines, and Woll) (James Publishing, 1990).
Dalton, Margaret
Dalton's publications include “Part II COVID-19 – Preventing Harm to Vulnerable Children” in San Diego Law Review (forthcoming 2020); “Procedural Safeguards and Remedies” in Special Education Law and Policy: From Foundation to Application (Wendy Murawski, and Jacqueline Rodriguez, eds.) (American Association of Colleges for Teacher Education, Plural Publishing, forthcoming 2020); "Fighting for Better Outcomes for Children" as panelist at Marshall Brennan Constitutional Law in the Classroom Symposium at American University (April 5, 2019); “Forgotten Children: Rethinking the Individuals with Disabilities Education Act Behavior Provisions” in 27 American University Journal of Gender, Social Policy and the Law 137 (2019); “Did He Really Do That? How to Use Behavior Data to Make Legal Arguments” in Council of Parent Advocates and Attorneys Annual Compendium of Materials (with Lehman) (2013); “Education Rights and the Special Needs Child” in Child and Adolescent Psychiatric Clinics of North America (2002); and “Today's Teenagers: A Special Report” in Encyclopedia Americana Yearbook (Scholastic, 2000).
Devitt, Michael
Devitt's publications include “Improper Deportation of Legal Permanent Residents: The U.S. Government's Mischaracterization of the Supreme Court's Decision in Nijhawan v. Holder” in 15 International Law Journal 1 (2013).
Dripps, Donald
Dripps' publications include “Does Liberal Procedure Cause Punitive Substance? Preliminary Evidence from Some Natural Experiments” in 87 Southern California Law Review 459 (2014); “'Dearest Property': Digital Evidence and the History of Private 'Papers' as Special Objects of Search and Seizure” in 103 Journal of Criminal Law and Criminology 49 (2013); Criminal Law and Procedure: Cases and Materials, no. 12th (with Boyce, and Perkins) (Foundation Press, 2013); “Why Gideon Failed: Politics and Feedback Loops in the Reform of Criminal Justice” in 70 Washington and Lee Law Review 833 (2013); “The Substance-Procedure Relationship in Criminal Law” in Philosophical Foundations of Criminal Law p.409 (Duff, and Green, eds.) (Oxford University Press, 2011); About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure (Greenwood Press, 2003); “Criminal Procedure, Footnote Four, and the Theory of Public Choice: OR, Why don't Legislatures Give a Damn about the Rights of the Accused?” in 44 Syracuse Law Review 1079 (1993); “Beyond Rape: An Essay on the Difference Between the Presence of Force and the Absence of Consent” in 92 Columbia Law Review 1780 (1992); and “Living with Leon” in 95 Yale Law Journal 906 (1986).
Duane, Timothy
Duane's publications include “Partial Solar Eclipse: Legal Obstacles to Solar Energy Development on Military Lands” in 6 George Washington University Journal of Energy and Environmental Law 1 (with Kuhn) (2014); “Legal, Technical, and Economic Challenges in Integrating Renewable Power Generation into the Electricity Grid” in 4 San Diego Journal of Climate and Energy Law 1 (with Griffith) (2013); “Putting the Dormant Commerce Clause Back to Sleep: Adapting the Doctrine to Support State Renewable Portfolio Standards” in 43 Environmental Law 295 (with Lee) (2013); “Water, Work, Wildlife, and Wilderness: the Collaborative Federal Public Lands Planning Framework for Utility-Scale Solar Energy Development in the Desert Southwest” in 41 Environmental Law 1093 (with McIntyre) (2011); “Greening the Grid: Implementing Climate Change Policy Through Energy Efficiency, Renewable Portfolio Standards, and Strategic Transmission System Investments” in 34 Vermont Law Review 711 (2010); and Shaping the Sierra: Nature, Culture, and Conflict in the Changing West (University of California Press, 1998).
Fellmeth, Robert
Fellmeth's publications include Cartel Control of Attorney Licensure and the Public Interest (with with Hayes) (forthcoming 2019); A White Paper on America's Family Values CAI (September 1, 2018); Shame on Us in 88 CAI and First Star (with with Weichel, Riehl, Samuelson, et al.) (April 1, 2018); California White Collar Crime and Business Litigation, no. 5th (with Papageorge) (Tower, 2016); “Expert Testimony in Child Related Litigation” in Handbook of Pediatric Forensic Pathology (with Chadwick) (Byard, and Collins, eds.) (Spiriner Publishing, 2014); “Legal Issues” in Child Maltreatment, Physical Abuse and Neglect, no. 4th (Chadwick, Giardino, and Alexander, eds.) (STM Learning, 2014); State Secrecy and Child Deaths in the U.S. in CAI and First Star (with Weichel, Riehl, Samuelson, et al.) (April 1, 2012); and Child Rights and Remedies, no. 3rd (Clarity Press, 2011).
Ferruolo, Stephen
Ferruolo's publications include The Origins of the University: The Schools of Paris and Their Critics (Stanford University Press, 1985).
Fleischer, Miranda Perry
Fleischer's publications include “The Architecture of a Basic Income” in 87 University of Chicago Law Review (2020); "Taxing Old Money" as presenter at The University of Virginia Tax Invitational at The University of Virginia Law School (November 8, 2019); “Subsidizing Charity Liberally” in Research Handbook on Not-for-Profit Law (Edward Elgar Publishing, 2018); “Atlas Nods: The Libertarian Case for a Basic Income” in Wisconsin Law Review 1189 (with Daniel Jacob Hemel) (2017); “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, 2017); “Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers” in 57 Boston College Law Review 913 (2016); “Libertarianism and the Charitable Tax Subsidies” in 56 Boston College Law Review 1345 (2015); “Charitable Giving and Utilitarianism: Problems and Priorities” in 89 Indiana Law Journal 1485 (2014); “Equality of Opportunity and the Charitable Tax Subsidies” in 91 Boston University Law Review 601 (2011); “Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice” in 87 Washington University Law Review 505 (2010); “Generous to a Fault? Fair Shares and Charitable Giving” in 93 Minnesota Law Review 165 (2008); and “Charitable Contributions in an Ideal Estate Tax” in 60 Tax Law Review 263 (2007).
Folsom, Ralph
Folsom's publications include Foreign Investment Law (West Academic Publishing, 2016); International Business Transactions Practitioner's Treatise, no. 12th (West Academic Publishing, 2016); International Business Transactions: A Problem-Oriented Coursebook, no. 12th (with Gordon, Van Alstine, and Ramsey) (West Academic Publishing, 2015); Principles of International Litigation and Arbitration (2015); State Antitrust Laws (Mathew Bender, 2015); NAFTA, Free Trade and Foreign Investment in the Americas, no. 5th (West Academic Publishing, 2014); Principles of European Union Law, no. 4th (West Academic Publishing, 2014); and Principles of International Trade Law (West Academic Publishing, 2014).
Fox, Dov
Fox's publications include “Reproducing Race in an Era of Reckoning” in Minnesota Law Review (forthcoming 2021); “Birth Rights and Wrongs: Reply to Critics” in Boston University Law Review (2020); Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (Oxford University Press, 2019); “Redressing Future Losses (symposium on Civil Justice)” in DePaul Law Review (2019); “Subversive Science ” in Penn State Law Review (2019); “Thirteenth Amendment Reflections on Abortion, Surrogacy, and Race Selection” in Cornell Law Review (2019); “Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating” in 118 Columbia Law Review Online 94 (2018); “Reproductive Negligence” in 117 Columbia Law Review 149 (2017); “Constitutional Retroactivity in Criminal Procedure” in 91 Washington Law Review 463 (with Stein) (2016); “Selective Procreation in Public and Private Law” in 64 UCLA Law Review 294 (2016); “Dualism and Doctrine” in 90 Indiana Law Journal 975 (with Stein) (2015); “Race Sorting in Family Formation ” in 49 Family Law Quarterly 57 (2015); “Interest Creep” in 82 George Washington Law Review 273 (2014); “Neuro-Voir Dire and the Architecture of Bias” in 65 Hastings Law Journal 999 (2014); “The Second Generation of Racial Profiling” in 38 American Criminal Law Review 49 (2010); “Disability-Selective Abortion and the Americans with Disabilities Act” in Utah Law Review 845 (2009); “Racial Classification in Assisted Reproduction ” in 118 Yale Law Journal 1884 (2009); “The Right to Silence Protects Mental Control” in 42 Akron Law Review 763 (2009); “Silver Spoons and Golden Genes” in 33 American Journal of Law and Medicine 568 (2007); and “Ethics and Law in FDA Decision-Making” in Michigan State Law Review 1135 (2005).
Heiser, Walter
Heiser's publications include California Civil Procedure (Lexis Nexis, 2012); “Using Anti-Suit Injunctions to Prevent Interdictory Actions and to Enforce Choice of Court Agreements” in 2011 Utah Law Review 855 (2011); “The Hague Convention on Choice of Court Agreements: The Impact of Forum Non Conveniens, Transfer of Venue, Removal, and Recognition of Judgments in Courts in the United States” in 31 University of Pennsylvania Law Review 1013 (2010); “Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic” in 56 Kansas Law Review 609 (2008); “A Minimum Interest Approach to Personal Jurisdiction” in 35 Wake Forest Law Review 915 (2000); and “Forum Selection Clauses in Federal Courts” in 45 Florida Law Review 554 (1993).
Heriot, Gail
Heriot's publications include “Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy” in 10 Engage 4 (2009); “Affirmative Action in American Law Schools” in 17 Journal of Contemporary Legal Issues 237 (2008); and “The Politics of Admissions in California” in 14 Academic Questions 29 (2001).
Hirsch, Adam
Hirsch's publications include “Disclaimers and Federalism” in 67 Vanderbilt Law Review 1871 (2014); “Formalizing Gratuitous And Contractual Transfers: A Situational Theory” in 91 Washington University at St. Louis Law Review 797 (2014); “Incomplete Wills” in 111 Michigan Law Review 1423 (2013); “Freedom of Testation/Freedom of Contract” in 95 Minnesota Law Review 2180 (2011); “The Code Breakers: How States are Modifying the UDPIA” in 46 Real Property Trust and Estate Law Journal 325 (2011); “American History of Inheritance Law” in Oxford International Encyclopedia of Legal History (Katz, ed.) (Oxford University Press, 2009); “Delaware Unifies the Law of Charitable and Noncharitable Purpose Trusts” in 36 Estate Planning 13 (2009); “Disclaimer Law and UDPIA's Unintended Consequences” in 36 Estate Planning 34 (2009); and “Text and Time: A Theory of Testamentary Obsolescence” in 86 Washington University Law Review 609 (2009).
Jurow Kleiman, Ariel
Jurow Kleiman's publications include “Nonmarket Criminal Justice Fees” in Hastings Law Journal (forthcoming 2021); Local Governments Need More Revenue. Try Progressive Property Taxes. Washington Post (with Andrew Hayashi) (2020); “Property Taxes During the Pandemic” in 88 Tax Notes (with Andrew Hayashi) (2020); “Tax Limits and the Future of Local Democracy” in Harvard Law Review (2020); The Faulty Foundations of the Tax Code: Gender and Racial Bias in Our Tax Laws National Women's Law Center (with Amy Matsui, and Estelle Mitchell) (2019); “Low-End Regressivity” in Tax Law Review (2018); “Recovering Lost Tax Revenue Through Taxation of Transnational Households” in 34 Berkeley Journal of International Law 100 (2016); and “Improving the U.S. Guest Worker System Through Tax and Social Welfare Reform” in 17 Harvard Latino Law Review 147 (2014).
Kelly, Michael
Kelly's publications include Remedies: Cases, Practical Problems & Exercises, no. 3rd (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2014); Principles of Remedies Law, no. 2nd (West Academic Publishing, 2011); Inside Contract Law: What Matters and Why (Wolters Kluwer, 2010); “The Phantom Reliance Interest in Contract Damages” in 92 Wisconsin Law Review 1755 (1992); and “The Rightful Position in 'Wrongful Life' Actions” in 42 Hastings Law Journal 505 (1991).
Lawrence, William
Lawrence's publications include Understanding Secured Transactions, no. 4th (with Henning, and Freyermuth) (Lexis Nexis, 2009); and Understanding Sales and Leases of Goods (with Henning) (Mathew Bender, 1996).
Lazerow, Herbert
Lazerow's publications include “Holocaust Art Disputes” in (2018); “Art Resale Royalty Options” in (2016); Mastering Art Law (Carolina Academic Press, 2015); “Criteria of International Tax Policy” in 41 San Diego Law Review 1123 (2004); and OECD Draft Influence on U.S. Income Tax Treaties (International Bureau of Fiscal Documentation, 1976).
Lee, Mark
Lee's publications include Organizing Corporate and other Business Enterprises (updated annually), no. 6th (with Gross ) (Lexis Nexis, 2000); and Antitrust Law and Local Government (Greenwood Press, 1985).
Legrand, Pierre
Legrand's publications include Negative Comparative Law (a critical conspectus on the theory of foreign and comparative research in law) (Routledge, forthcoming 2021); “Derrida's Gadamer” in Law's Hermeneutics: Other Investigations p.144 (Glanert, and Girard, eds.) (2017); Le Droit comparé, no. 5th ed (Presses Universitaires de France, 2015); “Law's Translation, Imperial Predilections and the Endurance of the Self” in 20 The Translator 290 (2014); Pour la relevance des droits étrangers (IRJS Editions, 2014); “Withholding Translation” in Comparative Law: Engaging Translation p.208 (Glanert, ed.) (Routledge, 2014); “Foreign Law: Understanding Understanding” in 6 Journal of Comparative Law 67 (2011); “Siting Foreign Law: How Derrida Can Help” in 21 Duke Journal of Comparative and International Law 595 (2011); “On the Singularity of Law” in 47 Harvard International Law Journal 517 (2006); “Issues in the Translatability of Law” in Nation, Language, and the Ethics of Translation p.30 (Bermann, and Wood, eds.) (Princeton University Press, 2005); and “The Same and the Different” in Comparative Legal Studies: Traditions and Transitions p.240 (Legrand, and Munday, eds.) (Cambridge University Press, 2003).
Lobel, Orly
Lobel's publications include “Exit, Voice & Innovation” in Houston Law Review (forthcoming 2020); “Gentlemen Prefer Bonds: How Employers Fix the Talent Market” in Santa Clara Law Review (2020); “Knowledge Pays: Reversing Information Flows & The Future of Pay Equity” in Columbia Law Review (2020); “Non-Competes, Human Capital Policy & Regional Competition” in Journal of Corporation Law (forthcoming 2020); “The Goldilocks Path of Legal Scholarship in a Digital Networked World” in 50 Loyola Law Review (2019); “Platform Market Power” in 32 Berkeley Technology Law Journal (with Kenneth A. Bamberger) (2018); “The NFL as a Workplace: the prospect of Applying Occupational Health and Safety Law to Protect NFL Workers” in Arizona Law Review (with Adam Finkel, Chris Deubert, Glen Cohen, and Holly Lynch) (forthcoming 2018); YOU DON'T OWN ME: HOW MATTEL V. MGA ENTERTAINMENT EXPOSED BARBIE'S DARK SIDE (W.W. Norton and Company, 2017); “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 96 Boston University Law Review (2016); “The Gig Economy and the Future of Employment and Labor Law” in University of San Francisco Law Review (2016); “The Law of the Platform” in Minnesota Law Review (2016); “The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property” in 93 Texas Law Review 789 (2015); “How Noncompetes Stifle Innovation” in 2014 Harvard Business Review (with Amir) (2014); TALENT WANTS TO BE FREE: WHY WE SHOULD LEARN TO LOVE LEAKS, RAIDS, AND FREE-RIDING (Yale University Press, 2013); “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality” in 88 Texas Law Review 1151 (2010); “Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations” in 97 California Law Review 433 (2009); Encyclopedia of Labor and Employment Law and Economics (Dau-Schmidt, and Harris, eds.) (Edward Elgar Publishing, 2009); “Behavioral Versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach” in 2 Regulations & Governance 165 (with Feldman) (2008); and “Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy” in 108 Columbia Law Review 2098 (with Amir) (2008).
Martin, Shaun
Martin's publications include “Substitution” in 73 Tennessee Law Review 545 (2007); “Encumbered Shares” in 2005 Illinois Law Review 775 (with Partnoy) (2005); and “Intracorporate Conspiracies” in 50 Stanford Law Review 399 (1998).
McGowan, David
McGowan's publications include “Consumer Contracts and the Restatement Project” in 19 San Diego Legal Studies Paper Series 424 (2019); “Legal Education and the Ethics of Acceptance” in 18 San Diego Legal Studies Paper Series 354 (2018); “The Criminal Conflicts Paradox” in 18 San Diego Legal Studies Paper Series 332 (2018); “The Lemons Problem in Criminal Appeals: On the Pernicious Effects of Douglas v. California” in 18 San Diego Legal Studies Paper Series 353 (2018); “The Apportionment Problem in Copyright Law” in 17 San Diego Legal Studies Paper Series 307 (2017); “Bleak Work: Role Morality in Dickens and in Practice” in 16 San Diego Legal Studies Paper Series 221 (2016); “Two Ironies of UPL Laws” in 16 San Diego Legal Studies Paper Series 218 (2016); “California's Duty of Confidentiality: A Case Study in Code Interpretation” in 14 San Diego Legal Studies Paper Series 163 (2014); “The Unfallen Sky” in 51 Houston Law Review 337 (2013); “Lawspeech” in 2012 Journal of the Professional Lawyer 1 (2012); “Making Law School More Useful” in 13 San Diego Legal Studies Paper Series 102 (2012); “Big But Brittle: Economic Perspectives of the Law Firm in the New Economy” in 2011 Columbia Business Law Review (with Burk) (2011); “Some Realism about the Free Speech Critique of Copyright” in 74 Fordham Law Review 101 (2005); “Copyright Nonconsequentialism” in 69 Missouri Law Review 1 (2004); and “Legal Implications of Network Economic Effects” in 86 California Law Review 479 (with Lemley) (1998).
McGowan, Miranda
McGowan's publications include Obamacare's Day in Court: What Kind of Conservatism Will Win? San Diego Union-Tribune (March 28, 2012); “Can Citizenship Reinvigorate the Fight for Gender Equality?” in 28 Constitutional Commentary (2012); and “Do As I Say, Not as I Do: An Empirical investigation of Justice Scalia's Ordinary Meaning Methodology for Interpreting Statutes” in 78 Mississippi Law Journal 1301 (2008).
Ramirez, Jean
Ramirez's publications include Criminal Litigation in Action , no. 4 (with Berend) (Carolina Academic Press, forthcoming 2020); Criminal Litigation in Action, no. 3 (with Berend) (Carolina Academic Press, forthcoming 2015); Criminal Litigation In Action, no. 2 (with Berend) (California Academic Press, 2002); and State v. Johnson: An Acquaintance Rape Case File and Problem Set (National Institute for Trial Advocacy Publishing, 2000).
Ramsey, Lisa
Ramsey's publications include “Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility” in The Cambridge Handbook of International and Comparative Trademark Law (Irene Calboli and Jane Ginsburg, ed.) (Cambridge University Press, 2020); “Using Failure to Function Doctrine to Protect Free Speech and Competition in Trademark Law” in 104 Iowa Law Review Online (2020); “Free Speech Challenges to Trademark Law After Matal v. Tam” in 56 Houston Law Review (2018); “Non-Traditional Trademarks and Inherently Valuable Expression” in The Protection of Non-Traditional Marks: Critical Perspectives (Irene Calboli and Martin Senftleben, ed.) (Oxford University Press, 2018); “A Free Speech Right to Trademark Protection” in 106 Trademark Reporter 797 (2016); “Reconciling Trademark Rights and Free Expression Locally and Globally” in International Intellectual Property: A Handbook of Contemporary Research p. 341 (Gervais, ed.) (Edward Elgar Publishing, 2015); “Mechanisms for Limiting Trade Mark Rights to Further Competition and Free Speech” in 44 International Review of Intellectual Property and Competition Law 671 (with Schovsbo) (2013); “Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders” in 58 Buffalo Law Review 851 (2010); “Free Speech and International Obligations to Protect Trademarks” in 35 Yale Journal of International Law 405 (2010); “Increasing First Amendment Scrutiny of Trademark Law” in 61 Southern Methodist University Law Review 381 (2008); “First Amendment Limitations on Trademark Rights” in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age (Yu, ed.) (Praeger, 2006); “Intellectual Property Rights in Advertising” in 12 Michigan Telecommunications and Technology Law Review 189 (2006); and “Descriptive Trademarks and the First Amendment” in 70 Tennessee Law Review 1095 (2003).
Ramsey, Michael
Ramsey's publications include “Congress's Limited Power to Enforce Treaties” in 90 Notre Dame Law Review 1539 (2015); International Law in the U.S. Supreme Court (Sloss, Ramsey, and Dodge, eds.) (Cambridge University Press, 2011); The Constitution's Text in Foreign Affairs (Harvard University Press, 2007); “Textualism and War Powers” in 69 Chicago Law Review (2002); and “The Executive Power over Foreign Affairs” in 111 Yale Law Journal 231 (with Prakash) (2001).
Rappaport, Michael
Rappaport's publications include “Replacing Administrative Adjudication with Independent Administrative Courts” in George Mason Law Review (2019); “Unifying Original Intent and Original Public Meaning, Northwestern Law Review” in Northwestern Law Review (with McGinnis) (2019); “Classical Liberal Administrative Law in a Progressive World ” in Handbook on Classical Liberalism (Todd Henderson, ed.) (Cambridge University Press, 2018); “The Constitution and the Language of the Law” in William and Mary Law Review (with McGinnis) (2018); “Is Proportionality Analysis Consistent with Originalism?” in Diritto Pubblico Comparato Ed Europeo (2017); “Why Nonoriginalism Does Not Justify Departing from the Original Meaning of the Recess Appointments Clause” in Harvard Journal of Law and Public Policy 889 (2015); “The Classical Liberal Constitution: An Originalist Assessment” in NYU Journal of Law & Liberty 800 (2014); “Originalism and the Colorblind Constitution” in 89 Notre Dame Law Review 71 (2013); Originalism and the Good Constitution (with McGinnis) (Harvard University Press, 2013); and “The Constitutionality of a Limited Convention: An Originalist Analysis” in Constitutional Commentary 53 (2012).
Schwarzschild, Maimon
Schwarzschild's publications include “Religious Exemption from Civil Laws and Free Exercise of Religion in the USA” in Law and Religion in the Liberal State (Md Jahid Hossein Bhuiyan, and Darryn Jensen, eds.) (Hart Publishing, 2020); “Points of Crisis or, Is It All Over?” in 56 San Diego Law Review 1069 (2019); “The Bureaucratic Takeover of Criminal Sentencing” in 49 New Mexico Law Review 93 (2019); “Complicated - But Not Too Complicated: Sunset of EU Law in the UK After Brexit” in 39 Cardozo Law Review 905 (2018); “Political Questions and Judicial Power in the United States - Questões políticas e o poder judicial no Estados Unidos ” in e-Pública 080-092 (2018); “Liberalism, Liberal, and Illiberal” in 54 San Diego Law Review 299 (2017); “Do Religious Exemptions Save?” in 53 San Diego Law Review 185 (2016); “A Class Act? Social Class Affirmative Action and Higher Education” in 50 San Diego Law Review 44 (2013); “Race Matters” in 29 Constitutional Commentary 31 (2013); and “Constitutional Law and Equality” in A Companion to Philosophy of Law and Legal Theory, no. 2nd (Patterson, ed.) (Wiley-Blackwell, 2010).
Sichelman, Ted
Sichelman's publications include “The Case for Noncompetes” in 86 University of Chicago Law Review 953 (with Barnett) (2020); “Cycles of Obviousness” in 105 Iowa Law Review (with Holte) (2019); “Innovation Factors for Reasonable Royalties” in 24 Texas Intellectual Property Law Journal 277 (2018); “Why Do Startups Use Trade Secrets?” in 94 Notre Dame Law Review 751 (2018); “Data-Generating Patents” in 111 Northwestern University Law Review 377 (with Simon) (2017); “Patents, Prizes, and Property” in 30 Harvard Journal of Law and Technology 279 (2017); “Do Economic Downturns Dampen Patent Litigation? ” in 12 Journal of Empirical Legal Studies 481 (with Marco, and Miller) (2015); “Purging Patent Law of 'Private Law' Remedies” in 92 Texas Law Review 516 (2014); “The Vonage Trilogy: A Case Study in 'Patent Bullying'” in 90 Notre Dame Law Review 543 (2014); “Enforcement as Substance in Tax Compliance” in 70 Washington and Lee Law Review 1679 (with Lederman) (2013); “Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic” in 49 San Diego Law Review 1267 (with O'Connor) (2012); “Life After Bilski” in 63 Stanford Law Review 1315 (with Lemley, Wagner, and Risch) (2011); “Commercializing Patents” in 62 Stanford Law Review 341 (2010); “Patenting by Entrepreneurs: An Empirical Study” in 17 Michigan Telecommunications & Technology Law Review 111 (with Graham) (2010); and “High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey” in 24 Berkeley Technology Law Journal 255 (2009).
Smith, Steven
Smith's publications include “Die and Let Live? The Asymmetry of Accommodation” in Religious Freedom and Gay Rights (Oxford University Press, 2016); “Freedom of Religion or Freedom of the Church?” in Legal Responses to Religious Practices in the United States (Sarat, ed.) (Cambridge University Press, 2014); The Rise and Decline of American Religious Freedom (Harvard University Press, 2014); “That Old-Time Originalism” in The Challenge of Originalism: Theories of Constitutional Interpretation (Huscroft, and Miller, eds.) (Cambridge University Press, 2013); The Disenchantment of Secular Discourse (Harvard University Press, 2010); “Discourse in the Dusk: The Twilight of Religious Freedom” in 122 Harvard Law Review 1869 (2009); “How To Remove a Federal Judge” in 116 Yale Law Journal 72 (with Prakash) (2006); Law's Quandary (Harvard University Press, 2004); The Constitution and the Pride of Reason (Oxford University Press, 1998); and Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford University Press, 1995).
Smith, Thomas
Smith's publications include “The Efficient Norm for Corporate Law” in 98 Michigan Law Review 214 (1999); “A Capital Markets Approach to Mass Torts Bankruptcy” in 104 Yale Law Review 367 (1994); “Four Faces of the Item Veto: A Reply to Tribe and Kurland” in 84 Northwestern Law Review 43 (with Sidak) (1990); and “Institutions and Entrepreneurs in American Corporate Finance” in 85 California Law Review 1 (1987).
Snyder, Allen
Snyder's publications include A Practical Guide to California Evidence (with Bocchino, and Sonenshein) (National Institute for Trial Publishing, 1997); and Mental Disorder in the Criminal Process (with Morris) (Greenwood Press, 1993).
Sohoni, Mila
Sohoni's publications include “The Lost History of the 'Universal' Injunction” in 133 Harvard Law Review 920 (2020); “The Power to Vacate a Rule” in 88 George Washington Law Review (2020); “The Trump Administration and the Law of the Lochner Era” in 107 Georgetown Law Review 1323 (2019); “King's Domain” in 93 Notre Dame Law Review 1419 (2018); “Crackdowns” in 103 Virginia Law Review 31 (2017); “On Dollars and Deference: Agencies, Spending, and Economic Rights” in 66 Duke Law Journal 1677 (2017); “The Administrative Constitution in Exile” in 57 William and Mary Law Review 923 (2016); “The Power to Privilege” in 163 University of Pennsylvania Law Review 487 (2015); “The Problem with 'Coercion Aversion': Novel Questions and the Avoidance Canon” in 33 Yale Journal on Regulation Online (2015); “Agency Adjudication and Judicial Nondelegation: An Article III Canon” in 107 Northwestern Law Review 1569 (2013); “Notice and the New Deal” in 62 Duke Law Journal 1169 (2013); and “The Idea of 'Too Much Law'” in 80 Fordham Law Review 1585 (2012).
Spector, Horacio
Spector's publications include “Value Pluralism and the Two Concepts of Rights” in 46 San Diego Law Review 819 (2010); “Don't Cry for Me Argentina: Economic Crises and the Restructuring of Financial Property” in 14 Fordham Journal of Banking and Financial Law 771 (2009); “The Right to a Constitutional Jury” in 3 Legisprudence 111 (2009); and “A Contractarian Approach to Unconscionability” in 81 Chicago-Kent Law Review 96 (2006).
Ursin, Edmund
Ursin's publications include “Holmes, Cardozo and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability” in 50 San Diego Law Review 537 (2013); The Politics of Protest (with Skolnick, et al. ) (New York University Press, 2010); “How Great Judges Think: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking” in 57 Buffalo Law Review 1267 (2009); “The Deacademicification of Tort Theory” in 48 Kansas Law Review 59 (with Nolan) (1999); Understanding Enterprise Liability: Rethinking Tort Reform for the Twenty-First Century (with Nolan) (Temple University Press, 1995); Pollution and Policy (with Krier) (University of California Press, 1977); and The Politics of Protest (with Skolnick, et al. ) (Simone Schuster, 1969).
Wiggins, Mary Jo
Wiggins' publications include “Access Anxiety” in 54 Real Property Trust and Estate Law Journal (2019); Questions & Answers: Bankruptcy, no. 2nd (Carolina Academic Press, 2019); “Restrictions on Debt Relief Agencies” in Collier on Bankruptcy, no. 16th (Resnick, and Sommer, eds.) (Lexis Nexis, 2015); “The Political Economy of the $26 Billion Dollar Mortgage Settlement” in 41 Western State University Law Review (2013); “Conservative Economics and Optimal Consumer Bankruptcy Policy” in 7 Theoretical Inquiries in Law 347 (2006); “Finance and Factionalism: The Uneasy Present (and Future) of Special Interest Committees in Corporate Reorganization Law” in 41 San Diego Law Review 1373 (2004); and “Race, Class, and Suburbia: The Modern Black Suburb as a Race-Making Situation” in 35 University of Michigan Journal of Law Reform 749 (2002).
Wonnell, Chris
Wonnell's publications include “The Contractual Disempowerment of Employees” in 46 Stanford Law Review 87 (1993); “The Influential Myth of a Generalized Conflict of Interests Between Labor and Management” in 81 Georgetown Law Journal 39 (1992); and “Problems in the Application of Political Philosophy to Law” in 86 Michigan Law Review 123 (1987).