Faculty NewsJanuary to June 2009
Professor Ronald Rotunda wrote an op-ed entitled, "U.S. imports of lawsuits rising." The piece discusses the rising incidence of cases from abroad being heard in U.S. courts in an effort to take advantage of a comparatively generous court system. Rotunda states, "U.S. courts should not accommodate countries, like Nicaragua, that have adopted laws targeted against U.S. companies. In such cases, our court system is importing two things: foreign judgments and foreign plaintiffs." Read more…
Professor Donald Kochan wrote an op-ed entitled, "For Failing Corporations, Christmas Has Come Early This Year." The piece debates the ethics of giving handouts to companies that have "been naughty" with a comparison to "Santa Claus is Coming to Town." Kochan stated, "As we face financial and corporate crises, we should embrace the rewards of markets and incentives and not send sympathetic bailouts to the unsuccessful."
Dean Tim Canova was quoted in an article entitled, "Banks Recover as Housing Foreclosures Hit Record Highs." The article comments on banks that are wanting to repay the bailout money so that they can get around the rules and restrictions under the terms of the bailout. "The main motivation for returning the money is that the bank officials would like to be able to start rewarding themselves again with higher compensation packages," Canova said. "They don't want the strings attached." Read more…
Visiting Professor Tom Campbell was the subject of an article entitled, "Can Tom Campbell upset billionaires running for California governor?" The article discusses Campbell's chances in the 2010 gubernatorial race against billionaire candidates Meg Whitman and Steve Poizner. "Campbell has got one great advantage: He actually knows what he's talking about," said Prof. John Pitney. Read more…
Visiting Professor Tom Campbell was the subject of a story entitled, "Campbell Campaigns for Governor in South Bay." The story details his address to the Silicon Valley Leadership Group at McAfee in Santa Clara, where he detailed his plan to get California out of its deficit while continuing to support education. "To make up that difference I was prepared to support a gasoline tax rather than fire more teachers, close community colleges or take away scholarships for low-income students," said Campbell. Read more…
Adjunct Professor Karen Lugo was the subject of an article entitled, "Riverside resident named to civil rights panel." The article announces her appointment to the U.S. Commission on Civil Rights California Advisory Committee, and lists other accomplishments. Read more…
Dean John Eastman was quoted in an op-ed entitled, "U.S. could be on hook in Padilla vs. Yoo." The article discusses a suit filed on behalf of Jose Padilla, a convicted terrorist, against John Yoo, the lawyer and former visiting professor at Chapman who wrote controversial legal opinions that allegedly led to Padilla's wrongful imprisonment and mistreatment. Eastman said, "The notion that someone is going to be held civilly liable for giving legal advice that other people didn't like is preposterous." Read more…
Professor Ronald Rotunda was the subject of an article entitled, "Veteran law professor and ethics expert appointed to FPPC. The article announces his appointment to the California Fair Political Practices Commission and lists other accomplishments. "The FPPC is fortunate to have such a distinguished legal scholar join the Commission," FPPC chairman Ross Johnson said in a statement. Read more…
Visiting Professor Tom Campbell was the subject of an article entitled, "Campbell Emphasizes Fiscal Know-How in Calif. Gov. Bid." Campbell discussed his thoughts on taxes and closing the state budget hole, as well as his relationship with the Indian-American community in California. Campbell stated, "My expertise is in the budget; and that is the area of the state's greatest need. I have been a teacher and a public servant my entire adult life." Read more…
Professor Vernon Smith was featured in an article entitled, “Economist: Housing bubble caused Great Depression, too.” The article details Smith’s speech given at Western Washington University wherein he draws comparisons between the recent rise and fall of the housing market, and a similar boom and bust that occurred just before the Great Depression of the 1930’s. Smith stated, “We've got a lot of [economic turmoil] coming due yet… We still have shoes to drop out there." Read article…
Visiting Professor Kyndra Rotunda was quoted in an article entitled, “Obama’s Gitmo plans – the ‘what’ without the ‘how’.” The article discusses the growing unpopularity of Obama’s plans to close the detention center at Guantanamo Bay and to move accused terrorists to domestic state-side prisons, and the need for a clear plan. “It's one thing to say we're going to close Gitmo, but you've got to answer the second part of that question -- if you close it, what do you do with them? I think the [Obama] administration sort of came out too early with their ultimate decision," said Rotunda. Read article…
Visiting Professor Tom Campbell was quoted in an op-ed entitled, “The long arm of the long census form.” The piece discusses the potentially invasive questions asked on the upcoming 2010 Census form. Campbell stated, “On the merits of [asking census-takers to report their ethnicity], I think we should have a colorblind society. I think asking people their race is repulsive.” Read op-ed…
Visiting Professor Tom Campbell was featured in an article entitled, “Who wants to run California?” The article discusses the 2010 gubernatorial race and the candidates who have expressed interest in running for the position, including Campbell. “Tom Campbell is the one candidate in either party who has stepped up and spelled out specific budget cuts,” said John Pitney, professor at Claremont McKenna College. Read article…
Professor Kurt Eggert’s previous scholarship was recently revisited in the “Keeping Current” section of the magazine, under the subtopic, “Securitization and the Holder in Due Course Doctrine.” His article, “Held up in Due Course: Predatory Lending, Securitization, and the Holder in Due Course Doctrine,” was said by the editors to be “one of the most important and prescient law review articles in property in the last decade.” The editors also stated, “If Congress, or other powerful players such as the government sponsored entities, had acted swiftly on Eggert’s recommendation, perhaps the worst of the sub prime lending that occurred over the next four years --- and the financial ruin it spawned – might have been avoided. Sadly, Congress never paid any attention to Eggert’s plea. Just as sadly, American property scholars hardly paid much attention either.”
Visiting Professor Kyndra Rotunda was mentioned in an article entitled, “The Gitmo Myth and the Torture Canard.” The article discusses the actual occurrences of prisoner abuse at Guantanamo Bay in comparison with media portrayal and popular opinion. Read article…
Professor Vernon Smith was featured in an article entitled, “Chapman University nets $3 million dollar gift.” The article announces the establishment of the Rebecca and William Dunn Chair named in honor of Smith. “The vision for this gift is that the scientists holding this professorship will be the Nobel Prize winners of tomorrow,” said President James Doti. Read article…
Associate Professor John Hall published an op-ed entitled, “In the Cambodian Judges’ Court.” The piece discusses the need for the Khmer Rouge Tribunal to address the possibilities of corruption within its own court, in the wake of an alleged kickback scheme wherein Cambodian officials received money in exchange for positions at the tribunal. Hall writes, “The judges now have an opportunity to put these fine sentiments into concrete action and throw their weight behind a competent, credible and transparent investigation of the allegations. It is time for them to deal with an issue which if left unresolved will expose all future judgments to crippling legal challenges.” Read op-ed…
Professor Vernon Smith was the subject of an article entitled, “Nobel laureate to give economic presentation at Western Washington University.” The article announces his visit to the campus to give a presentation titled, “The Housing Bubble that Engulfed the Economy, 1997-2006: Parallels with the 1920’s,” and details his many other achievements. Read article…
Dean John Eastman published an op-ed entitled, “Flags of caution over Sotomayor.” The piece discusses several of Sotomayor’s previous judgments and brings into question her ability to judge fairly and objectively. Eastman writes, “The question now, for the Senate, is to determine whether the empathic skills of his first nominee to the high Court, Judge Sonia Sotomayor, would enhance the court's ability to faithfully apply the law or would instead amount to an impermissible thumb on the scales of justice.” Read op-ed…
Professor Katherine Darmer was quoted in an article entitled, “Court upholds ban, affirms existing same-sex vows.” The article discusses the California Supreme Court’s decision to uphold Proposition 8’s ban on gay marriage while allowing the 18,000 gay marriages that already exist to continue, and the challenges that both sides face in continuing the fight. Darmer states, “We have a concern that’s it’s premature to go to the federal court. The United States Supreme Court is too conservative right now.” Read article…
Professor Katherine Darmer was featured in an article entitled, “Court expected to uphold Prop. 8 ban on same-sex marriages.” The article discusses the California Supreme Court’s likely decision to uphold Proposition 8’s ban on gay marriage, the likelihood of voiding the 18,000 marriages that were performed before the ban, and the long-term strategy for pro-gay activists. Darmer stated, “I think [the approval of gay marriage in three other states since California’s ban] is going to embolden the movement to go back to the ballot box sooner rather than later…. There's an impatience in the community. Whether that's a good strategy or not, it's too soon to tell.” Read article…
Professor Katherine Darmer published an op-ed entitled, “Booting out Torture.” The piece addresses the John Yoo debate held at Chapman. (Link to article unavailable.)
Visiting Professor Kyndra Rotunda was interviewed on CBS News Radio for her thoughts on the president’s recent statement about closing the Guantanamo Bay detention center.
Visiting Professor Kyndra Rotunda was interviewed on Radio America/WND’s “Dateline Washington” to discuss President Obama’s decision to resume military tribunals for Guantanamo Bay detainees. Rotunda said, “The Obama administration has gone back, looked at the rules, probably looked at some of the evidence against detainees, I would guess, and has basically decided that what the Bush administration was doing with these military commissions was the right way to go.” Listen to interview…
Professor Daniel Bogart’s new book, Inside Property Law: What Matters and Why (co-authored with John Makdisi) is available now from Aspen Publishers.
Professor Daniel Bogart received a 2009 Valerie Scudder Award from Chapman University, recognizing his outstanding achievement as a faculty member.
Associate Professor John Hall was quoted in an article entitled, “Doubts cast over veracity of ECCC personnel audits, observers say.” The article discusses legal action being brought against the Khmer Rouge Tribunal over an alleged kickback scheme. Hall states, “The audits were never intended to detect the type of corruption that has been alleged… It is misleading to claim otherwise.” Read article…
Visiting Professor Tom Campbell was quoted in an article entitled, “Factions lobby over potential Obama court pick.” The article discusses the politics surrounding the president’s potential choice to succeed Justice Souter in the Supreme Court, including his filibuster-proof majority in the Senate and the pressures from various lobbying groups. Campbell stated, “[Obama] will have largely a free pass because he has a majority in the U.S Senate, a majority to confirm… And the Republican leadership would really have to turn on a dime if it argued it would be a good thing to filibuster a judicial nomination - because (in the past) they've argued against that.” Read article…
Dean John Eastman was quoted in an article entitled, “Verdict against critic of creationism.” The article discusses a May 1, 2009 ruling that a CUSD schoolteacher had violated the First Amendment’s Establishment Clause by calling creationism “religious, superstitious nonsense” in a school setting. Eastman stated, “School districts are routinely sued for making one statement that favors a religion ... The rules apply both ways here.” Read article…
Professor Katherine Darmer was quoted in an article entitled, “Gay soldier finds support.” The article discusses local groups protesting the pending dismissal of Orange County native Lt. Dan Choi from the Army on basis of his sexual orientation. Darmer states, “I would be hopeful that the new presidential administration would use this as an opportunity to illustrate how bad the policy is… I mean, the man has done nothing other than state he’s gay.” Read article…
Professor Lawrence Rosenthal published an op-ed entitled, “World awaits public probe of CIA tactics.” The piece discusses the use of torture tactics on terrorism suspects, the legal reasoning that justified them, and the unsatisfactory nature of the investigation to date. Rosenthal writes, “It is said that ours is a government of laws, not men. For just that reason, one thing on which all should agree is that interrogators should obey the law. This is why we need a public, nonpartisan, no-holds-barred investigation of what the CIA did in its program of "enhanced interrogation." Read op-ed…
Professor Rosenthal wrote an op-ed entitled, "World awaits public probe of CIA tactics." The piece reports that although the Senate Intelligence Committee began a secret investigation on the effectiveness of waterboarding on detainees, the inspector general's investigation is currently the only independent investigation on the matter. The inspector general's report found that "it is difficult to quantify with confidence and precision the effectiveness of the program," or "to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks." Rosenthal suggests that the only way to come up with a credible and nonpartisan investigation on waterboarding is to make it a public investigation. Read more …
Professor Katherine Darmer published an op-ed piece entitled, “The Power of Protest.” The piece addresses the Orange County Equality Coalition’s counter-protest of the Westboro Baptist Church’s protest of a production of RENT at Corona del Mar High School.
Visiting Professor Kyndra Rotunda appeared on the radio show to discuss the CIA’s recent interrogation tactics, the Vigilante Eagle program and the search for domestic terrorists in the ranks of our veterans, and the government’s lack of support for veterans with PTSD and other inflictions.
Professor Ronald Rotunda filed an amicus curae brief with the California Supreme Court on behalf of the National Organization of African Americans in Housing (NOAAH), on the ethics of government lawyers collecting contingency fees for cases of public interest.
Visiting Assistant Professor Kyndra Rotunda published an op-ed entitled, "US soldiers are heroes, not terrorists." The piece discusses the Department of Homeland Security's recent declaration that American soldiers returning from Iraq and Afghanistan are at risk of becoming domestic terrorists. Professor Rotunda writes, " The Homeland Security report is conspicuously light on evidence to back up its shocking claim. Lacking hard data, the report relies on words like 'may,' 'potential,' and 'no specific information' to propel its argument. Its leading point seems to be that 'skills and knowledge derived from military training and combat' somehow make vets likely to attack a country they risked their lives to defend." Read op-ed… . See, also, this article.
Visiting Assistant Professor Kyndra Rotunda's book "Honor Bound" was quoted in a piece entitled, "'Soft' Interrogation Yields Best Results." The article discusses how successful interrogators from World War II to the modern day have used rapport and psychology, rather than brutality. See article…
Chapman was professors were featured in an article entitled, "Different approaches for two men at center of 'torture memo' controversy." The article discusses a recent debate between Visiting Chapman Law Professors John Yoo and Dean John Eastman against Professors Katherine Darmer and Lawrence Rosenthal regarding the coercive interrogation tactics that were used in the wake of 9/11. Read article…
Visiting Professor John Yoo was featured in an article entitled, "Bush lawyer defends waterboarding in local debate." The article discusses a recent debate between Chapman Law professors John Yoo, Katherine Darmer, Lawrence Rosenthal and Dean John Eastman regarding the coercive interrogation tactics that were used in the wake of 9/11. Yoo stated, "Three thousand of our fellow citizens had been killed in a deliberate attack by a foreign enemy. That forced us in the government to have to consider measures to gain information using presidential constitutional provisions to protect the country from further attack." Read article…
Associate Dean Timothy Canova was quoted in an article entitled, "Treasuries Shaky as Investors' Sanctuary." The article discusses the "bubble" that has developed in the market for Treasury debt. Dean Canova comments that there is not only a bubble developing in US Treasuries, but also in the US dollar. Canova states, "A bursting bubble in the dollar in general and Treasuries in particular would be a catastrophe." It likely would involve "a sudden drop in Treasuries and dollar-denominated assets" that would produce a "contagion" in markets around the world akin to the collapse seen last fall. Read article…
Visiting Professor Tom Campbell was featured in an article entitled, "Gubernatorial candidate Tom Campbell defies political norm." The article covers Professor Campbell's bid as an unconventional conservative gubernatorial candidate. In discussing his Prop. 1A views, Professor Campbell states, "I don't like tax increases. But this is short-term pain for a permanent fix. That's a trade-off being lost by critics. It's the best chance we have to fix the system on a permanent basis. We've got an opportunity we probably won't have again. And the reason is the public employee unions would put their substantial weight against any other systemic reform." Read article…
Associate Professor John Hall is quoted extensively in an article entitled, "Corruption Allegations Affect Khmer Rouge Trials." The article discusses how allegations of corruption among the tribunal staff have slowed the international funding that keeps the process moving forward. Professor Hall states, "My greatest fear is that the tribunal will simply fade away from lack of funding - with the donors reluctant to fund a tribunal unable or unwilling to address the allegations." Read article…
Dean John Eastman and Professor Larry Rosenthal each published point-counterpoint op-eds regarding John Yoo’s visiting appointment at Chapman and the legal opinions he authored in 2002 and 2003 while serving in the Office of Legal Counsel at the Department of Justice as well as the general question, "Does John Yoo Belong in Front of a Class?" Read Dean Eastman's piece: Yes: His views spark important debate... Read Professor Rosenthal's piece: No: His work for the Bush administration suggests he's incompetent...
Professor Daniel Bogart has co-authored a book entitled "Inside Property Law: What Matters and Why" (2009). The book emphasizes the essential components of Property Law, how they fit together, and why. Pedagogical features of the book include graphics, Sidebars, and Frequently Asked Questions, among others.
Professor Scott Howe contributed a chapter in the recently released book "Death Penalty Stories" (2009). Professor Howe wrote chapter 11, on the Roper v. Simmons cases.
Professor Vernon Smith and Visiting Research Associate Steven Gjerstad published an op-ed entitled, "From Bubble to Depression?" The article discusses effects of the collapse of the housing-bubble on the economy. Smith and Gjerstad write, "Why does one crash cause minimal damage to the financial system, so that the economy can pick itself up quickly, while another crash leaves a devastated financial sector in the wreckage? The hypothesis we propose is that a financial crisis that originates in consumer debt, especially consumer debt concentrated at the low end of the wealth and income distribution, can be transmitted quickly and forcefully into the financial system. It appears that we're witnessing the second great consumer debt crash, the end of a massive consumption binge." Read op-ed…
Visiting Assistant Professor Kyndra Rotunda was quoted in a piece entitled, "Scholars debate Constitutionality of Gitmo." The article covered a recent debate at the University of Richmond regarding legal issues of the Guantanamo Bay detention camp. In discussing the Geneva Convention's protection of Guantanamo detainees Professor Rotunda stated, "Even today, the press and media continue to air footage of the original holding cells of Guantanamo Bay." She went on to state, "Those haven't been used for years. In fact, we only used it for the first three months." Read article…
Professor Ronald Rotunda published an op-ed entitled, "Was Madoff good for the economy?" In this piece, Professor Rotunda discusses the Obama Administration's economic stimulus plan. Professor Rotunda argues, "Perhaps it made sense during the Depression for the government to spend money when the alternative was people hiding cash in their mattresses. But that is not what happens today. We either spend our money or we save it. If we spend it, it circulates in the economy and creates jobs. If we save it, it does not go down a black hole or into a mattress. We put it in the bank, which lends it to others. It circulates in the economy and creates jobs." Read op-ed…
Professor Rosenthal filed a brief in the United States Court of Appeals for the Seventh Circuit on behalf of the U.S. Conference of Mayors in McDonald v. City of Chicago, an appeal presenting the question whether the right to bear arms found in the Second Amendment to the United States Constitution applies to state and local gun control laws. The brief takes the position that in order to effectively combat gang and drug crime, state and local government needs the freedom to use gun control laws as long as they do not completely prohibit the possession of firearms useful for purposes of self-defense.
Visiting Assistant Professor Kyndra Rotunda was interviewed by Chapman University President James Doti on "Dialogue with Doti and Dodge".
Professor Kurt Eggert was interviewed for an article entitled, "Financial regulators missed the big picture, big problems." The article discusses the lack of oversight of subprime mortgage lenders that ultimately led to today's financial crisis. "Whole chunks of the mortgage business, including securitization, were almost completely unregulated," Professor Eggert stated. Read article…
Professor Daniel Bogart traveled to Chicago’s PLI Seminar on Commercial Real Estate Financing to give two presentations: “A Visit to the Courthouse:” “‘Waste’ is Back: Borrower Beware” and “Recent Issues in Mortgage Loan Enforcement.”
Professor Ronald Rotunda published a letter to the editor entitled, "Privileges, Immunities and Our Constitutional Rights." The letter addresses a previously-published article regarding Privileges or Immunities Clause of Section 1 of the 14th Amendment. Professor Rotunda argues against the assertion that "if the court were to use the Privileged or Immunities Clause instead of the Due Process Clause of the 14th Amendment to limit state government 'at the end of that whole upheaval you might end up basically in the same place.'"
Professor Ronald Rotunda published an op-ed entitled, "The right of free speech, regardless of what is spoken." The op-ed discusses the controversy surrounding the legal memos written by Visiting Professor John Yoo during his tenure under the Bush administration. Professor Rotunda states, "Debating these issues in an intellectual environment is what the best universities offer - people learning to disagree without being disagreeable . . . I equally defend the free speech right of those on my own faculty who would condone waterboarding in a "ticking-bomb" scenario. The lessons of free speech must be learned and relearned every generation." Read op-ed…
Associate Dean Tim Canova was quoted in an article entitled, "Breaking up money-pit behemoths is necessary." The article argues that the U.S. government should allow financial giants such as AIG to fail rather than attempting to prop them up. Regarding the spate of deregulation and lack of law enforcement that led to today's financial debacles, Professor Canova stated, "This was a bipartisan fiasco." Read article…
Professor Kurt Eggert was quoted in an article entitled, "Countrywide sues AIG unit over its failure to cover loan losses." The piece discusses a suit recently filed by Countrywide Home Loans Inc. complaining that AIG didn't cover more than $43 million in losses from failed real estate loans, many of which were bundled and sold as securities. Professor Eggert stated, " . . . Countrywide displays a huge amount of chutzpah . . . it's suing because its loans went bad, and it claims United Guaranty should have done better underwriting, when it's the failing of underwriting by loan originators that got us into this." Read article…
Professor Ronald Rotunda published an op-ed entitled, "Some strings attached: Is the stimulus law constitutional?" The article discusses constitutionality issues surrounding the American Recovery and Reinvestment Act. As Professor Rotunda explains, "It gives billions of dollars to the states, but the gift has strings attached. One of its unique provisions changes state constitutions! That provision is unconstitutional, and its defect raises problems about the whole enterprise." Read op-ed… A number of commentators picked up on Professor Rotunda's op-ed piece including: Powerline ("Is the stimulus bill unconstitutional?"); American Thinker ( "Is the stimulus bill unconstitutional?"); and, Reason ("You will be stimulated!").
Visiting Professor John Yoo published an op-ed entitled, “Closing Arguments: Security vs. freedom: A balance kept.” The article addresses the controversy surrounding the recent release of legal memoranda written in the aftermath of September 11, 2001. Professor Yoo argues that lawyers working for the Bush administration were successful in their goal of preventing another terrorist attack while keeping any reduction in civil liberties far less than in previous U.S. wars. Yoo writes, “Critics have exaggerated the threat to civil liberties today. This is not to say that constraints on the executive branch should not occur. The government's powers have been expanded. Privacy has been slightly reduced, though much more by the sheer march of communications technology than by the government.” Read article....
Professor Ronald Rotunda published an op-ed entitled, “Some strings attached: Is the stimulus law constitutional?” The article discusses constitutionality issues surrounding the American Recovery and Reinvestment Act. As Professor Rotunda explains, “It gives billions of dollars to the states, but the gift has strings attached. One of its unique provisions changes state constitutions! That provision is unconstitutional, and its defect raises problems about the whole enterprise.” Read articlle....
Professor Katherine Darmer was quoted extensively in an article entitled, “State's gay married couples could increase even if Prop. 8 is upheld.” The article discusses the California Supreme Court’s consideration of Proposition 8 and explores whether gays married elsewhere who move to California will have their marriages recognized here. If the Justices, as expected, uphold both Prop. 8 and gay marriages performed in California before Nov. 4, “there's no argument to be made,” Professor Darmer said. “That would rule out Connecticut, which began performing gay marriages Nov. 12. However, one could argue that those married elsewhere between June 16 and Nov. 4 – when gay marriages were performed in California – should be recognized if those couples move here.” Read article...
Professor Katherine Darmer was quoted in an article entitled, “Banned substances found on Roger Clemens' trainer's materials.” The article reports the discovery of performance-enhancing substances on the materials that Roger Clemens' former trainer, Brian McNamee, said he used to inject the former baseball pitcher. Professor Darmer stated, “This is enormously helpful to have . . . When you're otherwise relying on the testimony and statements of people, physical evidence is always enormously important.” Read article ...
Professor John Hall published an article entitled, “Trial on Trial.” The article addresses the latest revelations regarding alleged misconduct and corruption at the Khmer Rouge tribunal. Professor Hall argues, “The recently agreed-upon mechanism to investigate corruption at the ECCC is woefully inadequate and falls far short of being the competent body required to instill confidence and adequately undertake this important task.” Read article ...
Professor Francine Lipman was quoted in an article entitled, “ACLU suit against Weld County DA goes to trial.” The article reports on the first day of oral arguments in an ACLU lawsuit against the Weld County Colorado district attorney's office and the sheriff's office, which seized thousands of documents from a tax preparer's business in an identity theft investigation. The article refers to Professor Lipman’s testimony that it is common for undocumented immigrants to use ITIN numbers to file taxes. Read article...
Dean John Eastman was quoted in an article featuring John Yoo entitled, “Terror-War Fallout Lingers Over Bush Lawyers.” The article discusses legal briefs written by professor Yoo during his tenure with the Bush administration and raises questions as to what responsibility government lawyers should have if their legal advice is later viewed by authorities as quite flawed. Dean Eastman argued that it is unfair to single out government lawyers for the advice they gave in the days immediately following the 2001 terrorist attacks. He stated, “It’s unfortunate, and quite frankly it’s dangerous,” because it could make officials risk averse.” Read article ...
Visiting Professor John Yoo was mentioned in an article entitled, “You Can’t Go Home Again.” The article describes Orange County as the birthplace of the modern conservative movement. It states that in his time at UC-Berkeley Professor Yoo “clashed with ‘hippies, protesters and left-wing activists.’” Yoo states that Orange County is different and that the lifestyle is a “total change of pace.” Read article...
Visiting Professor John Yoo was featured in an article entitled, “Obama lawyers argue to drop Yoo torture suit.” The article stated that President Obama's Justice Department defended Professor Yoo, a former Bush administration lawyer, in a San Francisco federal court, arguing that a prisoner formerly held as an enemy combatant had no right to sue Yoo for writing legal memos that allegedly led to his detention and torture. Read article ...
Visiting Professor John Yoo was mentioned in an article entitled, "Obama administration shines light on Bush memos." The article discusses the Obama Administration's recent release of several legal memos regarding the war on terror written by the Bush administration's Office of Legal Counsel. Specifically, the article highlights memos written by Visiting Professor John Yoo regarding the need of the President to subordinate Constitutional rights in order to successfully wage the war on terror. Read article ...
Visiting Professor John Yoo was featured in an article entitled, "Ex-Bush lawyer talks about torture memos." In this interview Professor Yoo answers questions regarding everything from his work for the Bush administration to his impressions of Orange County. Read Article ...
Associate Dean Tim Canova was quoted in an article entitled, "More Shares Drop." The article describes the U.S. government's bailout of financial institutions such as Citigroup and AIG as teetering on nationalization. While some economists are opposed to nationalization, Dean Canova states, "I am skeptical of these arguments of the government's impotence . . . Somehow Sweden, a country with little more than 8 million citizens, managed to nationalize its banks without crashing its currency and having a run on its financial system. There's no reason to expect a run on 14,000 institutions." Read article ...
Professor John Hall published an op-ed entitled, "Judging the Khmer Rouge Tribunal." The piece discusses the accusations of corruption and political interference that have yet to be addressed by the Extraordinary Chambers in the Court of Cambodia (ECCC) in the genocide tribunal for surviving Khmer Rouge leaders. Professor Hall suggests four steps that are "minimal prerequisites for the ECCC to regain a semblance of legitimacy." Read article ...
Professor John Hall was interviewed on Radio Free Asia today regarding the Khmer Rouge Tribunal.
Visiting Professor Ronald Rotunda was interviewed on Fox News' "America's News Headquarters regarding Caperton v. Massey. The program discussed the constitutional requirements mandating judicial recusal.
Visiting Professor John Yoo published an op-ed entitled, "A missed opportunity to put skills above race." The article discusses the Obama Administration's support of the city of New Haven in the Ricci v. DeStefano case. Yoo writes, "President Obama and his chief law enforcement officer have missed an opportunity to live up to their promise to take the nation beyond the old battle lines over race . . . by support[ing] the use of race by New Haven, Conn., in making hiring, firing, and promotion decisions." Read article ...
Professor John Hall was interviewed on Voice of America today regarding the Khmer Rouge Tribunal. Listen to interview ...
The Chapman School of Law Entertainment Law clinic was featured in an article entitled "No Clinic Like Show Clinic at Chapman." The article highlights the uniqueness of the entertainment law clinic as well as its practical utility for both students and clients. Visiting Professor Kathy Heller is quoted regarding what students learn in the clinic. She states, "They learn how to work with clients. They learn how to structure a deal."
The Chapman School of Law AMVETS legal clinic is featured on the Marine Parent's webpage. The webpage provides a link to the clinic website where military families can learn more about the program. See webpage ...
Professor Larry Rosenthal was quoted in an article entitled, "Professors' Freedoms Under Assault in the Courts." The article discusses several recent court decisions that have raised doubts about the status of academic freedom at public colleges and universities. Professor Rosenthal states, "most academics are extremely protective of virtually unfettered rights of academics to say almost anything," [which can lead them to defend scholarship that is not just controversial, but shoddy as well]. "I see that as a threat to the university." Read article ...
Associate Dean Timothy Canova was quoted in an article entitled, "The Next Economic Bubble To Burst? Take Your Pick." The article considers trouble spots in the economy that analysts believe may wreak havoc in the future. Regarding Treasury Bonds, Dean Canova states, "The next bubble could be in Treasurys . . . America remains dependent on huge inflows of foreign capital to finance debt ... if foreign capital inflows were to slow even a little, there could be a sudden drop in Treasuries and dollar-dominated assets." Read article ...
Visiting Professor Tom Campbell was mentioned in an editorial entitled, "So, Whitman and Poizner, how would you have balanced the budget?" The editorial discusses recent comments by Meg Whitman and Steve Poizner, two aspiring Republican candidates for governor, regarding the California budget crisis. Whitman and Poizner commented that they would not raise taxes despite the state's financial woes. The article praises Professor Campbell's treatment of the issue. Read article ...
Visiting Professor Tom Campbell was featured in a story entitled, "Campbell's move to Irvine may help gubernatorial run." The article speculates that Professor Campbell's move to Orange County may signal his preparations for a gubernatorial run in 2010. Professor Campbell joined the Chapman Law faculty in January 2009 as a Visiting Presidential Fellow. Read article ...
Professor Kurt Eggert was interviewed on a radio talk show on WSTC 1400/WNLK 1350 in New York, regarding President Obama's loan modification program and the threat of deflation.
Professor Kurt Eggert was quoted in an article entitled, "Housing relief becomes a fence between neighbors." The article discusses the opposing views among homeowners regarding government funded mortgage relief. In support of government relief, Professor Eggert stated "We're all in this economy together, and if the economy goes down the tubes, it's going to drag all of us down . . . Once you look at it that way, that justifies a public taxpayer action." Read article ...
Professor John Hall has published an Op Ed entitled, "Murders in Russia: The Obama administration may want to remind President Medvedev of his promise to investigate the killings of journalists in his country." The piece addresses the rising number of journalists murdered and the demise of independent press in Russia. Read Op Ed...
Professor Kurt Eggert was quoted in article entitled, "Proposal Is Heavy on Incentives to Modify Loans: Challenges Include Dealing With Mortgages Sold to Investors and Borrowers Who Owe Lenders More Than Homes Are Worth." In the piece, Professor Eggert stated, "This is the first real significant step to try to push servicers to modify loans rather than just cheerleading….The securitization has split the interest in the home loan among so many different parties that it is difficult for servicers to make a modification without fear that some significant party may sue or do something else that hurts the servicers." Read article...
Professor Eggert was also quoted in The OC Register's Mortgage Blog (http://mortgage.freedomblogging.com/) and The Dayton Business Journal, where he addressed the Obama foreclosure plan. He said “Obama needs to make sure the effort helps the housing market and just does not result in lenders reworking a limited number of mortgages and then collecting federal incentives….“There is a real danger in the plan that lenders and servicers will cherry-pick borrowers who need the least amount of modifications to stay in their houses, and will collect incentives for loans they might have modified anyway. The plan also does not seem to encourage principal reduction for modified loans, which often is necessary to encourage an underwater borrower to fight to save a home.” http://dayton.bizjournals.com/dayton/stories/2009/02/16/daily45.html
Professor MacDowell's article, When Reading Between the Lines is Not Enough: Lessons From Media Coverage of a Domestic Violence Homicide-Suicide, forthcoming in 17 Am. U.J. Gender Soc. Pol'y & L. (Spring 2009, inaugural annual Gendered Violence issue), was also featured in LSN Family and Children’s Law Abstracts, Vol. 11, No. 10, 2/11/09. And, her article, Law on the Street: Legal Narrative and the Street Law Classroom, 9 Rutgers Race & L. Rev. 285 (2008), was featured in LSN Law & Literature Abstracts, Vol. 3 No. 13, 2/16/2009. Professor MacDowell's article Law on the Street was also featured in the Law & Humanities Blog. Read blog…
Professor David Llewellyn published an Op Ed entitled "The Lincoln-Darwin Debate."
Dean John Eastman was quoted in an article about visiting Professor John Yoo entitled "Bush policymaker escapes Berkeley's wrath." In the piece, Dean Eastman stated: "We are working very hard at fostering a broad ideological diversity here at the law school." Another of Chapman law school's visiting professors this school year is human rights expert Richard Falk, who has criticized the war in Iraq. Read article...
Professor Kurt Eggert was quoted in a story about the slow down in homebuilding, "State homebuilders association warns of ‘homebuilding depression.’" In the story, he stated, "The other question is: How many people receiving that (proposed homebuyer tax) credit would've been purchasing homes anyway?" Professor Eggert says the problem with home-buyer tax credits is they doesn't do anything to stop homeowners from going into foreclosure, which is a greater nemesis than slow home sales. "I think there's a lot more bang for the buck by using stimulus money toward problem loans directly," he said. "(A home-buyer tax credit) doesn't solve the real problem." Read article…
Associate Dean Timothy Canova was quoted in an article entitled, "U.S. Government Data Needs a Redo." The article discusses the nation's economic statistics and makes the case that policymakers and business leaders need better numbers in order to ensure good outcomes in the future. Regarding inflation, Dean Canova says, "There has been an upward bias in our measures of inflation . . . The U.S. uses the so-called Laspeyres index, which shows what it would have cost to buy a certain market basket of goods and services in an earlier year. But consumers don't continue purchasing the earlier basket but rather will substitute things that decline in price or go up more slowly for those products that are rising faster in price." Canova goes on to discuss the politicization of unemployment statistics and capacity utilization numbers. Read article ...
Visiting Assistant Professor Kyndra Rotunda published an article on Regular Folks United entitled, "Serving Those Who Serve Our Country: Chapman Law School Steps Up." Professor Rotunda's article discusses Chapman Law School's new Military Personnel Law Center & AMVETS Clinic, which provides legal representation to active duty families and veterans. Professor Rotunda discusses the many legal battles military troops face upon their return from deployment and the lack of legal aid available to them. Rotunda states, "Although Chapman's clinic just opened its doors, it is already inundated with cases - mostly combat wounded matters." Read article ...
Professor J. Bazyler was featured in an article entitled, "The legacies of Vahan Cardashian and Raphael Lemkin celebrated at book presentation." The piece covers Professor Bazyler's presentation of his book, Raphael Lemkin's Dossier on the Armenian Genocide at an event hosted by the Center for Armenian Remembrance. The article quotes Professor Bazyler as saying that Lemkin writes of the Armenian Genocide as being the archetype of all modern genocides. "His views constitute an important part of genocide history." Read article ...
Professor Kurt Eggert was quoted in an article entitled, "Burned borrowers seek payback from CEOs who got millions." As the title of the article suggests, the piece is about the growing number of private lawsuits and government investigations seeking payback from executives who received enormous paychecks for running companies that have since collapsed. Professor Eggert stated, "I see this as the crucial issue now . . . How willing and able are government agencies and prosecutors to go after people who made money on subprime loans? And can investors recoup losses?" Read article ...
Professor Michael Bazyler’s published an article entitled, “Japan Should Follow the International Trend and Face Its History of World War II Forced Labor.” The article discusses the controversy surrounding Japan’s history of World War II forced labor at Aso Mining. Japan’s current Prime Minister Aso ran the successor firm to Aso Mining before embarking on his political career. In his article Professor Bazyler compares the refusal of Japan’s government to make amends for wartime forced labor with the very different German approach: a forced labor compensation fund. March 6, 2009Politico.com Visiting Professor John Yoo was featured in an article entitled, “Obama Justice Dept. will defend Yoo.” The article discusses the Obama Administration’s decision to continue with the Justice Department’s defense of a suit brought by Jose Padilla, an American citizen who spent three years in a Navy brig after being designated as an enemy combatantRead article ...
Dean John Eastman appeared on the Hugh Hewitt radio show with UC Irvine Law School Dean Erwin Chimerinsky where the two deans discussed the implications of moving Guantanamo Bay terrorists to jurisdictions within the Ninth Circuit, such as Camp Pendleton. Their discussion is a follow-up to an interview with California Attorney Jerry Brown. Read Article ...
Visiting Professor John Yoo authored an op-ed entitled, "Obama Made a Rash Decision on GTMO: The president will soon realize that governing involves hard choices." Professor Yoo writes that while the closure of Guantanamo Bay will please his base President Obama's actions, " . . . will also seriously handicap our intelligence agencies from preventing future terrorist attacks. In issuing these executive orders, Mr. Obama is returning America to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001." Read article ...
Professor Denis Binder was quoted in an article entitled, "State ended safety inspections before Hawaii dam collapsed." The article discusses memos and e-mails issued by the Hawaii Department of Land and Natural Resources three months before the fatal collapse of the Kaloko Dam on Kaua'i. The documents reveal a state suspension of all dam safety inspections and emergency flood responses and later attempts to conceal the suspension. "The state is basically saying it is abrogating all of its legal duties," says Professor Binder. "That's a hell of a smoking gun." Read articles ...
Professor Kyndra Rotunda discussed Guantanamo and other related issues in an interview this week. Mr. Miller called her his “most popular guest” over the last two years. Listen to radio broadcast... Professor Rotunda was also interviewed on G. Gordon Liddy's radio show. Listen to broadcast...
Visiting Assistant Professor Kyndra Rotunda was quoted in an article entitled, "Obama's Terror Script Pacifies Left, Has Safety Clauses." The article discusses actions taken by President Obama in the war on terror and issues surrounding those actions. Professor Rotunda is quoted regarding the generous privileges Guantanamo detainees received. "The average detainee has gained about 15 pounds," Rotunda says. "Detainees are very picky. . . If there's a piece of fruit that has a bruise or is at all bad, they send it back, and the military just takes it back and gives them something a little fresher." Read article ...
Dean Tim Canova was quoted in an article entitled "Four questions for Tim Geithner: Forget the tax problems. Here is what legislators really need to ask Obama's choice for Treasury secretary at Wednesday's hearing." In the piece, Dean Canova said Geithner needs to show legislators that he is clearly independent of the companies he oversees - and that he is willing to make a break with the failed regulatory policies of the past. "This whole crisis has in large part been a failure of regulation, just as much as a failure of the marketplace," he said." We need to get a real conversation going about how to do this right." Read article...
Visiting Professor John Yoo authored an article appearing in The Philadelphia Inquirer entitled, "Deficits and Bailouts Pose a Threat." In his piece, Professor Yoo discusses the current economic crisis and cautions that President Obama's proposed bailout plan risks, ". . . damaging not only the nation's balance sheet, but also our constitutional system." Professor Yoo goes on to compare President Obama's proposed bailout plan with Franklin D. Roosevelt's New Deal. Yoo writes, "the New Deal burst the Constitution's careful limits on the federal government's power over society and the economy. . . Washington's intrusions into everything from workplace rules to food labels to crime and education stem from FDR's revolution." Yoo concludes by noting that while the government can play an important role in rendering aid to the unemployed and providing national defense and critical infrastructure, "trying to do more, as FDR did, risks hobbling the private market, the engine that has made the United States the wealthiest and most vibrant economy in the world." Read article...
Professor Katherine Darmer was quoted in an article entitled, "Roger Clemens' fate rests with federal prosecutor Daniel P. Butler." The article discusses the convening of a Washington D.C grand jury to consider whether Clemens committed perjury when he appeared before Congress nearly a year ago. Professor Darmer stated, "When the grand jury is convened, that means the government is ready to present its case." Professor Darmer goes on to say, "I think Clemens lied before Congress. I think he will be indicted, and I think he will be convicted. This is not a complicated case. An indictment could come at any time." Read article...
Professor Larry Rosenthal was quoted in an article entitled, "L.A. to seek to recover $5 million from street gang." The article discusses the judicial approval of a civil judgment against the 5th and Hill gang. Professor Rosenthal expresses skepticism as to how much the civil judgment would actually hurt gang activity. "Usually you spend more time and money getting the judgment than it is actually worth." Professor Rosenthal goes on to state that, "fighting gangs . . . is such a political currency . . . that public officials are always wanting to get a part of the action." Read article...
Professor Katherine Darmer was quoted in an article entitled, "Roger Clemens' denials of drug use reportedly subject of grand jury probe." The article discusses Clemens' statements before Congress in which he denied using performance-enhancing drugs. Professor Darmer states, "Convening a grand jury is the next logical step to what I've perceived as clear misstatements. I would not be surprised at all to see an indictment come out of this." Professor Darmer noted that Clemens' appearing eager to testify before congress was a failed strategy. She notes, "It's one thing to be called, another to get up there and so clearly lie . . . He should be held accountable for wasting the time of several members of Congress, who had better things to do." Read article...
Numerous Chapman Law Professors were presenters at the American Association of Law Schools (AALS) Annual Meeting:
Chapman's Military Law Clinic was mentioned in the January edition of "Focus," Orange County Community Foundation's newsletter. The Military Law Clinic, directed by Professor Kyndra Rotunda, will be the first pro-bono legal clinic supporting California's 200,000 military families living and serving within the state. The OCCF awarded Chapman Law School a Veterans Services grant to help start the clinic.
Professor Henry S. Noyes was interviewed and quoted in an article entitled, "e-Discovery Options." Professor Noyes commented on recently-enacted Federal Rule of Evidence 502, stating that the purpose of the new rule "is to relieve the disclosing party [in discovery] of the burden and cost of paying its attorneys to conduct a document-by-document review of the material that will be produced during discovery." He also stated that "[i]n order to be effective, however, entry of an order must relieve the disclosing party's attorneys of their state-imposed obligation to review their client's confidential information before producing it to the requesting party during discovery." He therefore concludes that the new rule "is either worthless, or it preempts state ethical rules." Read article...
Professor Kyndra Rotunda presented at the panel, “Guantanamo Bay: the Problem of Judicial Review Post-Boumediene” at the 2009 AALS Conference in San Diego, California. Others on the panel included UCI Law Dean Erwin Chemerinsky, Professor Stephen Vladeck, American University Washington College of Law and Professor Robert Chesney, Wake Forest University School of Law (Moderator).
Professor Kurt Eggert was quoted in a story about potential federal legislation that might allow borrowers to modify their home loans in bankruptcy, entitled "Does Citigroup Stand Alone? Industry Balks at Bankruptcy Bill.” In the piece, Professor Eggert stated, “Having bankruptcy cramdowns is a way of instilling discipline to subprime lenders." Investors could be more vigilant because they "aren’t going to want to buy bad loans where there’s going to be a cramdown." Read story…
Dean Timothy Canova was interviewed on the national public radio station WAMC, Albany, New York, on the impact of "healthy" banks applying for TARP funds to cover capital needs.
Dean John Eastman spoke at a press conference in Sacramento, California regarding the filing of a suit to block illegal state tax increases. The suit was filed by The Howard Jarvis Taxpayers Association (HJTA) and Chapman’s Center for Constitutional Jurisprudence, joined by the National Federation of Independent Business and more than 40 state legislators to block the implementation of new taxes approved by the Legislature without the constitutionally required two-thirds vote. News media and blogs commenting on the story included: K Street Communications, LA Times, The Examiner with two related stories: 1, 2, The Mercury News, and The Sacramento Bee.
Professor Kurt Eggert was quoted in a story, “How Citi bailed out an O.C. subprime lender,” regarding an infamous Orange County subprime lender who was given a loan modification on a home loan even though many of his borrowers had trouble receiving loan modifications. In discussing why Citibank received bailout money and this lender got a loan modification from Citi, when others do not, Professor Eggert stated, “It's poetic justice that Citi was in bed with this guy and they're stuck with him….But why is it so hard for regular Joes to get loan mods when this guy, who seems like a terrible loan risk, can do it?” Read story…
Professor Michael Lang was elected Chair of the American Association of Law Schools Section on Post-Graduate Legal Education. In addition, he was appointed to the American Bar Association Section of Taxation Committee on Government Submissions (COGS), which reviews and edits all submissions to the Government made on behalf of the Section of Taxation. He was also appointed to be the incoming Chair of the Section to the Nominations Committee. Finally, he was a moderator and speaker on a program entitled "Section 6694 Update" presented by the Tax Practice Management Committee at the Midyear meeting of the ABA Section of Taxation. |
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