Activities and Achievements of SCU School of Law’s Faculty and Staff

The following is a summary of law faculty and staff activities, achievements and honors.  According to Dean Donald J. Polden, “This impressive summary depicts an intellectually active faculty and staff who are engaged in educating students and serving the legal profession and their communities.”

Professor Angelo Ancheta’s book Scientific Evidence and Equal Protection of the Law was published by Rutgers University Press, and he presented research from his book at the Law & Society Association’s Annual Meeting in June 2005. His analysis of the law of affirmative action in higher education was published this past summer as a book chapter in Higher Education and the Color Line (Harvard Educational Publishing Group). He is also scheduled to present research on affirmative action law at conferences sponsored by the American Council on Education and by The Civil Rights Project at Harvard and the Boalt Hall School of Law.

Professor Margalynne Armstrong spoke on KQED’s Forum program on the subject of "The Role of a Supreme Court Justice.”  Professor Armstrong was also on the KNTV news (channel 11) and was on Forum on Friday to discuss the Judge Alito nomination and diversity on the Supreme Court.

Professor Margalynne Armstrong presented on the subject of "The Aftermath of Hurricane Katrina: Race, Rescue, and the Moral Purpose of Government" at Santa Clara University in the fall.

Professor Armstrong is serving as Director of the Center for Social Justice this semester while Professor Stephanie Wildman is on sabbatical leave.

Professor June Carbone will have published a chapter titled "Back to the Future: The Perils and Promise of a Backward Looking Family Law Jurisprudence" in Reconceiving the Family: Critique on the American Law Institute’s Principles of the Law of Family Dissolution (Robin Wilson, Editor) (Cambridge University Press 2006).  She also recently published: "Law, Politics, Religion and the Creation of Norms for Market Transactions: A Review of The Birth of Surrogacy in Israel by D. Kelly Weisberg,"  39 Fam. L. Q. 789 (2005).

Professor Stephen Diamond  published a letter in the Financial Times on thenomination of Christopher Cox as Chairman of the Securities and ExchangeCommission.  He recently advised the AFL-CIO on the Cox nomination. He also advised the AFL-CIO, the Communications Workers of America and the ChunghwaTelecom Workers Union of Taiwan during the recent $3 billion privatization of the Chunghwa Telecom Co., Ltd., Taiwan‘s largest telecommunications company. In addition he is working on a book based on his doctoral dissertation on human rights and political change in Nicaragua under the Sandinista

government.  He was recently interviewed by NBC 11 News and the San JoseBusiness Journal on the implications of the departure of four majoraffiliates from the AFL-CIO to form a new national labor federation.  He was also

recently interviewed by the San Jose Mercury News on the settlement ofsecurities class action lawsuits against major investment banks related to the dotcom crash.

Professor Lia Epperson delivered the newest member of the law school community, daughter Morgan Epperson Jealous on January 6th.  Congratulations!!

Professor Allen Hammond, spoke on the Regulatory Framework Panel at a program sponsored by the Center for Internet & Society at Stanford Law School in October 2005. The panelists offered updates and perspective onto the current regulatorylandscape, examining federal, state, and/or local regulatory practices asthey affect local-government broadband-wireless plans and projects. Emphasiswas placed on local governments’ opportunities to establish local competitive rules of engagement.

Professor Kerry Macintosh gave the Barbara Aronstein Black Lecture on Women and Law at Columbia University School of Law in October 2005.  Her talk, entitled "Illegal Beings:  Human Clones and the Law" explained how laws against reproductive cloning will discriminate against human clones and violate their equal protection rights.

Professor Tyler Ochoa spoke to a group of students at Boston University on "Copyright and Peer-to-Peer File Sharing" in November 2005. He also spoke at the annual conference of the Museum Computer Network on a panel entitled "From Hip-Hop to Oil on Canvas:  Sampling, Art and Copyright."

Professor Michelle Oberman wrote and published several book chapters, including "Child Rape," co-authored with Katharine K. Baker, in The Chicago Companion to the Child (forthcoming, 2006); "Understanding Maternal Filicide," Encyclopedia of Domestic Violence, (forthcoming, 2006);  "Mothers Who Kill Their Children: Considering Patterns, Prevention and Intervention," co-authored with Cheryl L. Meyer and Michelle Oberman, in Abnormal Psychology in the 21st Century (ed. Thomas Plante, forthcoming 2005).  Professor Oberman also published two law review articles, including Michelle Oberman, "Sex, Lies and the Duty to Disclose," ARIZ. L. REV ( 2005) and Michelle Oberman, American Association of Law Schools Panel: "Panel on the Use of Patients for Teaching Purposes Without Their Knowledge or Consent, Introduction," 8 J. HEALTH CARE L. & POL’Y 210 (2005).

Professor Oberman also has given several lectures in the past several months, including  "13 Ways of Looking at Surrogate Motherhood," 2005 Annual Health Law Teachers Conference (Houston, Texas, June 2005); "What Lawyers can Learn from the Terri Schiavo Case," (with Professor Lawrence Nelson), San Jose Inns of Court (San Jose, April, 2005); "When the Truth is not Enough: Tissue Donation, Altruism and the Market," DePaul Law Review Annual Symposium (Chicago, March, 2005); "The Case for Including Pregnant Women in Clinical Trials," Guest Lecture, Stanford University Human Biology Department (February, 2005); "Autonomy Suspended: The Use of Patients for Teaching Purposes without Their Knowledge or Consent," Moderator and Commentator, AALS Annual Conventional (San Francisco, Jan. 2005); "Sex. Lies and the Duty to Disclose," Berkeley Conference on Socio-Economics (Berkeley, CA, Jan. 2005).

Professor Ken Manaster presented a paper at Fordham Law School titled “Justice Stevens, Judicial Power, and the Varieties of Environmental Litigation."   The paper was part of a two-day symposium on "The Jurisprudence of Justice Stevens” and will be published in the Fordham Law Review.

Professor Robert Peterson gave a talk on Shakespeare and the Law on December 3 (to a group of property managers!), and I reviewed and joined in an Amicus brief (along with a number of other professors) in the U.S. Supreme Court (Holmes v. State of South Carolina).  Samuel R. Gross, University of Michigan, is counsel of record in the case.

Dean and Professor Donald J. Polden spoke at the Ingram Inn of Court on the topic of the “growing disjunction” between legal education and law practice in February 2006.  His recent article, “Forty Years After Title VII: Creating an Atmosphere Conducive to Diversity in the Corporate Boardroom” was published at 36 University of Memphis Law Review 63 (2005). 

Professor Margaret Russell delivered the afternoon keynote address at the Southwestern Law Review Symposium on LGBT Rights & the Civil Rights Agenda in January 2005.  The topic was:  "Sexual Orientation, Civil Rights, and the First Amendment." She served as a commentator on television and radio programs on numerous Supreme Court and constitution-related issues, including the California same-sex marriage litigation and the recent vacancies on the US Supreme Court. Professor Russell also contributed to the "Perspective" series on KQED-FM radio, on the topic of the reopening of the Emmett Till case and the 50th anniversary of Till’s murder.  She was also interviewed for the ten year anniversary of the OJ Simpson trial that ran on MSNBC.

Professor Alan Scheflin and Dean Emeritus George Alexander prepared and gave lectures on the law school Alumni Office’s first winter cruise.  Several alumni and their families join the cruise, which featured professional education lectures by faculty, judges and lawyers. 

Professor Kandis Scott presented a paper entitled "Imported or Indigenous NGOs:  Grass Roots Civil Society" to a conference entitled "Enlivening Democracy, Building Pluralism from the Bottom" in Warsaw, Poland.  The conference, in early December, 2005, was sponsored by the University of Warsaw and a Research Committee of the International Political Science Association."  Professor Scott also was invited to teach at the Johns Hopkins-University of Nanjing Center, in China 2006-2007.  She will be teaching new law courses to Chinese graduate students in this multi-disciplinary, international masters degree program. 

 Professor Gary Spitko was elected Chair of the AALS Section on Donative Transfers, Fiduciaries and Estate Planning.  At the 2006 AALS annual meeting, he served as program chair and moderator for a panel on "Inheritance Law and the Empirical Scholar."  Professor Spitko’s article "The Constitutional Function of Biological Paternity:  Evidence of the Biological Mother’s Consent to the Biological Father’s Co-Parenting of Her Child," was published in volume 48 of the Arizona Law Review." His article "Navigating Dangerous Constitutional Straits:  A Prolegemonon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities," was published in the Colorado Law Review.  In June, he spoke on a panel at the Law & Society Association Annual Meeting in Las Vegas, NV on "Contemporary Perspectives on Fundamental Issues in Constitutional Law and Theory.”

Professor Stephanie Wildman spoke on the subject of White Privilege: Implications for the Catholic University, the Church, and Theology, at University of Notre Dame.  Professor Wildman had two law review articles published:  The Persistence of White Privilege, 18 Wash. U. J. L. & Pol’y 245 (2005), and Democracy and Social Justice: Founding Centers for Social Justice in Law Schools, 55 J. Legal Educ. 252 (2005).

Professor Catherine Sandoval has published a book chapter, “Serving the Public Interest: Broadcast News, Public Affairs Programming, and the Case for Minority Ownership”, (with Bachen & Hammond) in MEDIA DIVERSITY AND LOCALISM: MEANINGS AND METRICS (Philip Napoli, ed., Lawrence Erlbaum Assoc., forthcoming).  Her recent article “Antitrust Law on the Borderland of Language and Market Definition; Is there a Separate Spanish Language Radio Market? A Case Study of the Merger of Univision and Hispanic Broadcasting Corporation” will be published in the University of San Francisco Law Review, Volume 40, Issue 2 in March 2006. 

Professor Jiri Toman’s article, The Hague Convention–A Decisive Step Taken by the International Community, was published in Museum International (December 2005) pages 7-31.

Visiting Professor Stuart Madden has published several texts since joining the faculty as a visiting professor.  First, he completed a revision to this co-authored text, M. STUART MADDEN, GERALD W. BOSTON, THE LAW OF ENVIRONMENTAL AND TOXIC TORTS (3d ed.)(West 2005). Second, Professor Madden had published a complication of articles on tort law, entitled EXPLORING TORTS (M. Stuart Madden, ed.) and published by Cambridge University Press.  The first chapter of the book, "Tort Law Through Time and Culture: Themes of Economic Efficiency" was authored by Madden. Third, he also had two articles accepted for publication:  "The Cultural Evolution of Tort Law", in the Fall 2005 issue of the Arizona State Law Review and "Graeco-Roman Antecedents of Tort Law", which will be published in the Brandeis Law Review (University of Louisville Law School) in Spring 2006. 

Visiting Professor Madden’s book, Exploring Torts, is receiving very strong reviews in the academic press.  A review of the book by Professor Michael Rustad contains the following comments:  “The superb collection of essays represents some of the best modern tort scholarship in Anglo-American law.”  Rustad, a nationally known expert on technology and tort law, commented on Professor Madden’s essay in the collection as follows:  “In this essay, Professor Madden has unveiled a treasure trove of concepts prefiguring tort law in the ancient law.  This introductory essay is one of the finest essays on the history of tort law in the period after Holmes’ THE COMMON LAW (1881).”  Further, Rustad writes that “Professor Madden’s magisterial survey of ancient law going forward is exquisitely written and a real delight for historians of tort law.”  The review of the book’s essays concludes with the following:  “This quality collection is a treasure trove of torts scholarship which will be of great interest to tort scholars, law students, and graduate students in sociology as well as philosophy.  This book would be an excellent choice for a supplemental text for an advanced torts course.   This book is selected for the Bi-Monthly Review of Law Book’s best torts scholarship in 2005.”

LARAW Instructors Karen Markus and Karin Carter addressed undergraduate English students at SCU on the topic of writing to specific audiences in January 2006.  Karen Markus will present a session on Understanding Learning Differences in Law Students at the biennial Legal Writing Institute Conference in Mercer, Georgia, in June 2006 and she will publish a chapter on legal issues in Current Issues in Nursing, 7th ed., a masters-level nursing textbook, in 2006.

LARAW Instructor Evangeline Abriel presented a training on immigration relief for victims of abuse and crime in Portland, Oregon, on September 27, 2005, on behalf of the Catholic Legal Immigration Network, Inc., and under funding from the U.S. Office of Refugee Resettlement. On October 3, 2005, she gave a presentation in San Francisco on inadmissibility grounds and waivers for immigrants, at a family-based immigration training sponsored by the Immigrant Legal Resource Center.

LARAW Instructor Evangeline Abriel also spoke on two panels at the annual National Network to End Violence Against Immigrant Women Conference in Irvine, California, in November 2005. Her presentations concerned motions to reopen removal proceedings and inadmissibility grounds and waivers for immigrant victims of domestic abuse.

Sr. Assistant Dean Julia Yaffee has agreed to serve on the Executive Committee of the Student Services Section of AALS.  Dean Donald Polden continues to serve on the Pre-Law Committee of the ABA Section on Pre-Legal Education and Admission to the Bar.

LARAW Instructor Michael Jones created, selected and instructed 3 teams of students who participated in the ABA West Regional Negotiations Competition in San Diego.  The team competed against Hastings, UOP, USD, Davis and other west coast schools, and finished with two teams in the top ten ( 7th & 8th places). He also was one of three panel members( with Rebecca Jones and Sean Raft) who made a presentation for the Honors Moot Court Board and the Honors Moot Court participants covering the issue of persuasive  and effective brief writing.

Edwin Arevalo has been promoted to the position of Director, Faculty Support Services.

LARAW Instructor Yvonne Ekern has published (together with co-author Joanne Banker Hames) the following texts:  Constitutional Law:  Principles and Practice (West Legal Studies, 2005); Legal Research, Analysis, and Writing:  An Integrated Approach

(Prentice Hall, 2006 – second edition) and Introduction to Law (Prentice Hall, 2006 – third edition)

At the January 2006 meeting of the Association of American Law Schools, several members of the Santa Clara Law Faculty and Staff participated on panels or gave presentations:

Professors June Carbone and Bill Black spoke at the full day program on Socio-Economics—A Distinct School of Thought.

Professor Stephanie Wildman served as moderator on a panel on Gender, Race & Decision-making.

Professor Gary Spitko served as moderator on a panel on Empirical Scholarship and Inheritance Law.

Dean Donald J. Polden spoke on a dean’s panel concerning Socio-Economics and on a panel on managing expectation in the fundraising process.

Visiting Professor of Law Stuart Madden presented on the subject of teaching transnational tort law issues in the law school curriculum.

Visiting Professor Clark Freshman participated as a speaker in a workshop on the search for balance in law school.

Alumni Director Stacy Richel spoke on a panel discussing the use of reunions in the law school alumni outreach effort.

Assistant Dean John Baldwin was elected Chair of the Advancement Section of AALS for 2006 at the January AALS Annual Meeting in Washington D.C. 

Professor Angelo Ancheta and the staff of the Katharine and George Alexander Community Law Center received a new award from the State Bar of California that provides $19,304 to support the Center’s "Workers’ Rights Project."  This project targets its activities to meet the needs of low-wage workers, composed largely of limited-English-speaking immigrants, who require assistance in obtaining information, advice, and legal representation for problems involving unpaid wages, conditions of employment, and illegal discrimination on the job.  Immigrant workers are particularly vulnerable to deprivations of workplace rights, and are often ill-equipped to address these problems through the legal system.  The goal of the Project is both to provide representative information on workers’ rights and to offer legal advice and representation to individuals who require assistance for problems that have already risen at their work sites.

Donna Terman has accepted an offer to join the law school as Senior Assistant Dean for Administration.  Dean Terman is a graduate (with highest distinction, Phi Beta Kappa) from Purdue University and from Stanford University‘s law school.  For eleven years, she served as Executive Director of the Walter S. Johnson Foundation and, later, for six years. as Issue Editor and Policy Analyst for the Future of Children project at the David and Lucile Packard Foundation.  She also served as Trust Administrator for the William R. Hewlett Revocable Trust and as a consultant for several area private and family foundations.  The Executive Director and President of the Packard Foundation described Dean Terman as an extremely competent administrator with very good interpersonal skills and a proven ability to complete complicated projects in a timely manner.

Lecturer Wil Burns reports a number of recent academic publications and presentations, including:

New publications:  "Potential Causes of Action for Climate Change Damages inInternational Fora: The Law of the Sea Convention", 1(2) McGill InternationalJournal of Sustainable Development Law (2006); "The Impacts of Globalization on Biodiversity, Encyclopedia of Globalization" (in press); "Trade Liberalization and Global Environmental Governance: The Potential for Conflict, in Handbook of Environmental Politics" (Edward Elgar,2005) (co-author (and lead author): Kate O’Neill); "The Potential Implications of Climate Change for the Coastal Resources of Pacific Island Developing Countries and Potential Legal andPolicy Responses", 8(1) Harvard Asia-Pacific Review (2005);  "Introduction to Special Issue on the Precautionary Principle and its Operationalisation in International Environmental Regimes and Domestic Policymaking", 5(1-2) International Journal of Global Environmental Issues1-9 (2005). His recent presentations are:

a Lecture, Legal Studies Program, University of Delaware, Newark, DelawareI nternational Climate Change Litigation; a Lecture, Graduate Marine Program, University of Delaware, Newark, Delaware The Future of the International Whaling Commission in the 21st Century: Leviathan or Laggard? and a presentation, International Law Association, Law Weekend, New York, NY Potential Causes of Action for Climate Change Damages in International Fora: The Law of the Sea Convention.