Faculty NewsJuly to December 2009
Florida Republicans U.S. Reps. Ginny Brown-Waite and Cliff Stearns sent the White House a letter about President Obama’s Nobel Peace Prize. Both Representatives congratulated the President on the honor of winning the prize, but also stated that it was necessary the President receive permission from Congress to accept the honor, in agreement with the recent op-ed by Professor Ronald Rotunda. Read more…
Professor Mario Mainero was quoted in an article discussing a new city ordinance that is an opposition to project labor agreements. Professor Mainero, and Chief of Staff to Orange County Supervisor John Moorlach, explained “that several subcontracts in the county might currently include PLAs; this ordinance will not correct those but will protect Orange County residents in the future by making the prohibition of PLAs a law, rather than an understanding among board members.” Read more… See related article in PublicCEO.com …
Chapman University School of Law Professor Timothy Canova wrote an article entitled, “History Repeating in California Fiscal Crisis” about the astronomical budget deficit in the State of California. Th article discusses the reoccurring fiscal and budget crises over the past and critiques the ways in which the legislature and Governor address the budget gaps. (Article unavailable online without subscription.)
Chapman University School of Law was ranked #19 in the country by Paul Charon, a highly respected tax professor who writes one of the most widely-read law school blogs in the country. Paul Charon’s creates his own ranking based on the most academic components of the Princeton Review data: academic experience, admissions selectivity, career preparation, and engagement of the professors (both accessibility and interesting). Read more...
Professor Hugh Hewitt wrote an article entitled,”New Jersey's choice and the MSM's in which he discusses the new dynamic in the New Jersey Gubernatorial race with the growing recognition of third party candidate, Chris Daggett. In the article Professor Hewitt analyzes Governor Corzine’s campaign tactics and compares the New Jersey race to the past US Senate race in Minnesota between incumbent Norm Coleman, Democrat Al Franken, and third party candidate Dean Barkley. Read more…
Visiting Professor and Gubernatorial candidate Tom Campbell was quoted in an article entitled "Marriage law unconstitutional, GOP hopeful says." In the article, Professor Campbell stated, “This particular bill created greater rights for those couples married out of state after the date of Prop. 8 than same-sex couples within the state, and that's unconstitutional.” Read more…
Chapman University School of Law Professor Timothy Canova wrote an article entitled, “Financial Market Failure as a Crisis in the Rule of Law: From Market Fundamentalism to a New Keynesian Regulatory Model” for the Harvard Law & Policy Review. The article examines, “the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis.” Read more…
Chapman University School of Law professor Lawrence Rosenthal was quoted in an article entitled, “California gives the poor a new legal right." relating to the recent law in California that covers the cost of attorneys for poor litigants who are facing eviction, child custody disputes, domestic abuse cases, and/ or the neglect of the elderly or disabled. Professor Rosenthal stated, “…it is of considerable doubt that this is the best use of scarce resources on behalf of the poor." Read more…
Chapman University School of Law professor Ronald Rotunda wrote an op-ed piece entitled, “An Unconstitutional Nobel,” which questions the constitutionality of President Obama’s Nobel Peace Prize. Professor Rotunda argues that it is unconstitutional for the President to accept the award and donate his prize money to charity. Professor Rotunda believes President Obama’s prize must be approved by Congress before he can officially accept it. Read more… Professor Rotunda's op-ed was also referenced in POLITICO , the New York Sun, and the New York Times.
In an article entitled, “Will 2010 voters recall cloture vote? Not if GOP can help it” Professor Hugh Hewitt discusses his concerns over the GOP’s inability to explain to voters the seriousness of the Senate’s possible cloture vote on upcoming health care legislation. A cloture vote places a time limit on considerations of a bill and prevents a filibuster by three-fifths of the full Senate or 60 votes. Professor Hewitt states, “the vote on whether to end debate, which requires 60 ayes to pass — is everything in this struggle to preserve American medicine.” Read more…
Chapman Law Professor Mario Mainero, in coordination with Nik Daftary of County Counsel co-drafted legislation (SB 752), which permits Orange County employees a new lower tier for their defined benefit pension plan. If county employees choose to “opt down” to the lower tier, the economic benefit is greater take-home pay for employees since their employee contribution portion of the pension costs will be reduced. This will eventually significantly reduce pension costs for the taxpayers, since it will greatly reduce the cost to the County—particularly in times when the return on the pension fund investment is far below the assumed rate necessary to pay defined benefits.
On October 8, 2009, Professor Michael Bazyler will lecture on “Profiting from the Holocaust: The Legal Battle for Restitution in America’s Courts” before the Leonard M. Friedman Bar Association.
Associate professor John A. Hall wrote an op-ed piece entitled, "Shutting down child sex tourism" about the importance of restricting overseas travel of American pedophiles. Professor Hall found that 25 percent of all sex tourists are Americans that often travel to countries where the sexual exploitation of children is rarely enforced. "We uphold restrictions on felons owning firearms, voting, and even residing in certain geographic locations. Yet we provide convicted child molesters and rapists with the passports they need to travel overseas as sex tourists." Read more…
An article entitled, "The end of the Chicago handgun ban," includes a quote from Professor Ronald Rotunda. The article discusses the current handgun ban in Chicago. Professor Rotunda believes that there is only a 1 in 5 chance of the handgun ban surviving in the city. Read more…
Associate Dean Richard Redding has published a new book, co written with Frederick Hess and Robert Maranto: The Politically Correct University Problems, Scope, and Reforms (AEI Press 2009). "Half a century ago, universities were the institutions characterized by vibrant free inquiry and free speech. Today something close to the opposite is the case. The Politically Correct University shows how the universities' quest for 'diversity' has produced in too many departments a stifling uniformity of thought. Required reading for those who want American universities to eschew political correctness." --Michael Barone, resident fellow, American Enterprise Institute.
Visiting Professor and gubernatorial candidate Tom Campbell recently addressed the California Republican State Convention September 25th to talk about his experiences in politics, education and to explain his motivation to run for Governor in 2010. Read more…
An article entitled, "New book assesses tribunal," quoted associate professor John A. Hall who has developed expertise on the Khmer Rouge tribunal. Professor Hall finds that the administrative issues "have risen to such a level that they threaten to damage the legitimacy and viability of the legal process." Hall believes the donor community could have done more to prevent corruption in the project. Read more…
Professor Dan Bogart, who holds the Donely and Marjorie Bollinger Chair in Real Estate Law, has been elected to the prestigious American Law Institute. The Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.
Chapman's Animal Law Society raised $1,140 for the Orange County Society for the Prevention of Cruelty to Animals (OCSPCA) through a pet photo contest. For the contest, the Society encouraged members to bring in photos of their pet and the Chapman community voted on which pet should be the Law Society's mascot. A vote was submitted for a specific pet through a monetary donation. The winner, Chapman's Animal Law Professor Robert Newman's Chihuahua "Ruben," is now the, "2009 Animal Law Society Mascot." Read more…
Visiting Professor and gubernatorial candidate Tom Campbell recently laid out a plan to provide health insurance for all Californians that will not increase taxes. Campbell favors the interstate sale of medical insurance to drive down costs and the repeal of anti-trust exemption for insurance. Read more…
Professor Timothy Canova joined professors from around the country at a debate at the University of Utah's S.J. Quinney College of Law. The debate addressed the causes and consequences of the financial meltdown. Topics were explored through a roundtable discussion. Read more… To view a webcast of this presentation, see http://www.ulaw.tv/watch/792/financial-crisis-symposium---afternoon-session
Dean John Eastman participated in the "Battle of Law School Deans" against UCI Dean Erwin Chemerinsky, a debate that addressed "Constitutional Fidelity: Original Intent or Evolving Interpretation?" Due to strong demand, the debate was moved from the law school's lecture hall to Chapman University's Memorial Hall, which holds 1,000 guests. View webcast of debate… This event was also discussed in the Orange County Weekly…
Visiting Professor Tom Campbell spoke on 90.3 KPCV to discuss his original interest in politics and education. He explained his ideological views saying that the overriding concept in his political views is the importance of preserving one's liberty. Read more…
Dean Eastman recently appeared on PBS NewsHour with Jim Lehrer to discuss State Secrets and the Patriot Act. Watch the video…
Dean Eastman was quote in an article entitled, "Death penalty: Is 2nd try at lethal injection too cruel?" The article discussed the specific case of Romell Broom, the recipient of 2.5 hours of failed injection execution attempts. Dean Eastman questioned whether the Supreme Court would conclude that the experience rose to the level of cruel and unusual punishment. "I doubt the Supreme Court at the end of the day would agree with that." Read more…
In an ongoing series in the Orange County Register, Visiting Professor and gubernatorial candidate Tom Campbell discussed his position on taxes and ideas to fix California's economy. Read more…
Dean John Eastman participated in a Berkley Law School webcast about the different methods of interpretations for the US Constitution, how the Constitution applies to an always-changing society, and the future of Constitutional law. Read More…
Adjunct law professor, Tim Paone joined the Orange County office of Theodora Oringher where he will oversee the expansion of the Firm's Real Estate and Land Use Group. Professor Paone was named "Best Lawyers in America" for his land use expertise. Read more…
Chapman University School of Law Professor Timothy Canova wrote an article entitled, “The Transformation of U.S. Banking and Finance: From Regulated Competition to Free-Market Receivership,” which critiques the deregulation of banking and finance. The article emphasizes, "the distortions and inconsistencies in the deregulation model, including the resort to bailout of large financial institutions, such as U.S. commercial banks and savings and loans, as well as defaulting foreign nations. “ Read more…
Professor Hewitt's blog opinion was mentioned in an editorial entitled, "No health care rationing? Even The New York Times sees it now UPDATED: Hewitt assesses." The editorial indicates that "Hewitt sees three reasons why Obama will not cut his losses on Obamacare now." The blog specifies the three reasons are Obama's "increasingly strident rhetoric, his circle of advisors and their interests, and his commitment to Alinskyite/Chicago rules." Read article … and/or Read blog …
Professor Donald Kochan wrote an op-ed entitled, “The Case for Simplicity.” Kochan argues for simplistic modern legislation akin to the brief yet profound writings of the Founders, such as the Constitution and the Declaration of Independence. Kochan believes that modern legislation is voluminous and incomprehensible such that “People cannot understand such laws, legislators cannot understand such laws, and, most importantly, we cannot predict how such laws will be implemented, especially as much is delegated to administrative agencies.”
An article entitled “Law Schools Pool Resources to Offer Legal Help to Military” quoted Dean John Eastman and Professor Kyndra Rotunda. The article reported on the new cooperative effort between Chapman, Berkeley, and some San Diego law schools to work on the same clinical project. The clinic will help active-duty military families and veterans. Dean Eastman said that “as far as he knows, the clinic will be the first to be operated jointly by multiple schools.”
Professor Timothy Canova’s 20-minute interview discussing the Federal Reserve and other related matters aired on KPFA.
An article entitled, “Japanese internment trial rerun for newer generation” reported on Dean John Eastman and Erwin Chemerinsky’s re-enactment of the oral arguments from the 1944 U.S. Supreme Court Japanese internment case Korematsu v. United States. According to the article, the deans ultimately “captured the flavor of the debate over the expulsion issue.” Read more …
An article entitled, “USC law professor named to California political watchdog panel,” mentioned Professor Ronald Rotunda. The article focused on the most recent appointment to the Fair Political Practices Commission but mentioned that Rotunda was appointed to the five-person commission in mid-June. Read more …
Professor Donald Kochan co-wrote an op-ed entitled, "Card Sharks." The article discusses how some states confiscate remaining balances on unused gift cards under the theories of escheat and abandonment. Kochan stated, "But for state laws to define non-use as abandonment raises serious concerns about the definition of private property, the sanctity of individual choice in their contracts and use of property, and the basic freedom of individual disposition of their assets."
Professor Ronald Rotunda was mentioned in an article entitled, "State campaign watchdog gets an overhaul." The article explains that Rotunda was appointed to the five-member Fair Political Practices Commission earlier this year. The state Republican Party Chairman called Rotunda, "a world class expert in a number of key legal fields and we are confident he will serve as a powerful voice for reason on the commission." The commission currently has two Republicans and two Democrats and a new appointment by the Secretary of State is expected next week. Read more…
Professor Kurt Eggert was quoted in an article entitled, "Government's hired mortgage servicers have checkered pasts." The article discusses how mortgage servicers are in the best position to rework loan terms under President Obama's Home Affordable Modification Program but they face lawsuits for illegal practices. Eggert said, "There is no question that there have been significant abuses by servicers, and a big part of that is there's no one who is carefully monitoring their work to make sure that they're not taking advantage of borrowers." Read more…
Professor Tom Campbell was the subject of a video interview entitled, "Reason.tv: After Arnold: California gubernatorial candidate Tom Campbell on fixing the Golden State and embracing for inflation." In the interview, Campbell says that the yearlong flurry of stimulus packages and bailouts "built up a tailwind for inflation." Campbell also discusses his views on marijuana legislation, why he defends Prop 13, and why he thinks Prop 8 is "a mistake." Watch the video…
Professor Tom Bell was quoted in an article entitled, "Do Law Schools Fudge the Data Reported to US News?" The article refers to Professor Bell's statistical model of law school rankings that is based on information provided to the American Bar Association. The model's scores fit closely with the scores generated by U.S. News and World Report. Bell said that this close fit "suggests that law schools did not try game the rankings by telling USN&WR one thing and the ABA another." Read more…
Professor Lawrence Rosenthal, working with the State and Local Legal Center in Washington, D.C., filed a brief in the United States Supreme Court on behalf of the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, the International City/County Management Association, and the International Municipal Law Association in the case of Pottawattamie County v. McGhee, in which the Court will decide if prosecutors can be held liable for damages stemming from a wrongful conviction. The brief argues that liability for damages would unfairly punish the taxpayers and be an ineffective solution to the problem of wrongful convictions.
Visiting Professor Tom Campbell was the subject of an article entitled, "Gubernatorial hopeful Tom Campbell outlines budget fixes: Former Stanford professor and congressman advocates cuts and gas tax." The article details Campbell's proposals to restore the Gann limit, to apply an automatic five-year sunset on state regulations, and for litigation reform. Campbell said, "If we don't have systemic improvement in how we conduct our state finances we will drive businesses to other states." Read more…
Visiting Professor Tom Campbell's appearance on MSNBC was the subject of an article entitled, "MSNBC fails to ID 'former California state budget director' Campbell as former GOP congressman." The article criticized MSNBC and the anchor for not identifying Campbell as a Republican during his interview on July 8th, although it properly introduced him as a former California budget director, a Chapman law professor, and as interested in the gubernatorial race. Read more…
Professor Kurt Eggert was quoted(cited?) in an article entitled, "Mortgage Aid Targeted Most-Delinquent Borrowers First, Leaving Others Waiting." The article details a survey that found mortgage servicers participating in the Obama administration's foreclosure prevention program are concentrating on the most delinquent borrowers, largely ignoring eligible borrowers who have not yet gone into default. Eggert stated that "modifying millions of mortgages requires not only a massive effort to hire and train staff but also a 'sea change' in mindset for servicers, who have traditionally focused on collecting monthly payments and foreclosing when necessary." Read more…
Professor Michael Bazyler had a speaking engagement in Germany for the International Research and Documentation Center for War Crimes Trials on the topic of "Litigating Holocaust Restitution Claims in American Courts: Lessons and Legacies." |
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