» Donald Kochan
Professor, Associate Dean for Research and Faculty Development

Dale E. Fowler School of Law
Donald Kochan
Office Location:
Kennedy Hall 442
(714) 628-2618
Western Michigan University, Bachelor of Arts
Cornell University, Juris Doctor

Donald Kochan is the Associate Dean for Research & Faculty Development and Professor of Law at Chapman University Dale E. Fowler School of Law. Professor Kochan’s scholarship focuses on areas of property, administrative law, natural resources, law & economics, and jurisprudence, among others. He has published more than 35 scholarly articles and essays in well-respected law journals, including recently or forthcoming in the Cardozo Law Review, BYU Law Review, Florida State University Law Review, University of Richmond Law Review, Georgetown Journal of Legal Ethics, Michigan Journal of Environmental & Administrative Law, Berkeley Journal of International Law, and Virginia Journal of Social Policy & Law, to name a few. His work has been cited in more than 300 published law review articles, and his articles have been downloaded more than 12,000 times from SSRN and BePress. In addition to his scholarly publications, Professor Kochan has published opinion editorials in leading newspapers across the country, recently including the Wall Street Journal and the L.A. Times.  Professor Kochan has presented his work at national legal conferences and at law schools domestic and foreign, has testified before the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and has appeared on national radio and cable news broadcasts.

In January 2016, Professor Kochan was elected as a new Member of the American Law Institute (ALI); and he was appointed by ALI in July 2016 as an Adviser to the Restatement of the Law Fourth, Property project. He was also elected as a Life Fellow of the American Bar Foundation in 2014.  Professor Kochan received the 2014 Valerie Scudder Award from Chapman University, a merit-based award selected by peers in recognition of outstanding achievement in scholarship, teaching, and service, and one of the highest honors given to a faculty member at the University. Among his numerous activities, Professor Kochan currently is a Contributing Editor of the “Keeping Current-Property” section in Probate & Property, the bi-monthly magazine of the Real Property, Trust & Estate Law Section of the American Bar Association; serves as the Chair-Elect for the Section on Property Law for the Association of American Law Schools; serves as the Vice-Chair of the Committee on Environment & Natural Resources Regulation for the ABA Section on Administrative Law & Regulatory Practice; and serves as an inaugural Co-Editor of the Property Section of JOTWELL.

Immediately before coming to Chapman in 2004, Professor Kochan was an Olin Fellow at the University of Virginia, School of Law for the 2003-2004 academic year. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason University School of Law where he taught courses in Property and Environmental Law. Professor Kochan received his Juris Doctor from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. He also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his B.A. from Western Michigan University, magna cum laude with majors in both political science and philosophy and where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department). After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law.

Professor Kochan currently teaches Property, Real Estate Transactions, and Administrative Law, and his other courses include Natural Resources Law & Policy, Law & Economics, Corporations, Agency & Partnership, and Federal Courts.

List of Scholarly Publications

Recent Creative, Scholarly Work and Publications
The Progression and Evolution of International Law Scholarship Over the Past 50 Years: Some Quantitative Observations, 22 BUFFALO HUMAN RIGHTS LAW REVIEW 1 (2016).
Deeds and the Determinacy Norm: Insights from Brandt and Other Cases on an Undesignated, Yet Ever-Present, Interpretive Method, 43 FLORIDA STATE UNIVERSITY LAW REVIEW __ (forthcoming 2016).
Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control, 3 TEXAS A&M JOURNAL OF PROPERTY LAW 35 (2016) (symposium).
Virtual Liquid Networks and Other Guiding Principles for Optimizing Future Student-Edited Law Review Platforms, 32 TOURO LAW REVIEW 263 (2016) (Associate Deans Symposium).
Property as a Vehicle of Inclusion to Promote Human Sociability, JOTWELL (January 22, 2016) (reviewing Daniel B. Kelly, The Right to Include, 63 EMORY L.J. 857 (2014)).
Economics-Based Environmentalism in the Fourth Generation of Environmental Law, 21 JOURNAL OF ENVIRONMENTAL & SUSTAINABILITY LAW 47 (2015) (symposium).
Bubbles (or, Some Reflections on the Basic Laws of Human Relations), 26 FORDHAM ENVIRONMENTAL LAW REVIEW 133 (2015).
A Framework for Understanding Property Regulation and Land Use Control from a Dynamic Perspective, 4 MICHIGAN JOURNAL OF ENVIRONMENTAL & ADMINISTRATIVE LAW 303 (2015)
Constituencies and Contemporaneousness in Reason-Giving: Thoughts and Direction after T-Mobile, 37 CARDOZO LAW REVIEW 1 (2015).
Dealing with Dirty Deeds: Matching Nemo Dat Preferences with Property Law Pragmatism, 64 UNIVERSITY OF KANSAS LAW REVIEW 1 (2015).
Corporate Social Responsibility in a Remedy-Seeking Society: A Public Choice Perspective, 17 CHAPMAN LAW REVIEW 413 (2014) (symposium).
The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective, 58 SAINT LOUIS UNIVERSITY LAW JOURNAL 295 (2014).
While Effusive, “Conclusory” is Still Quite Elusive: The Story of a Word, Iqbal, and a Perplexing Lexical Inquiry of Supreme Importance, 73 UNIVERSITY OF PITTSBURGH LAW REVIEW 215 (2011) (actually printed for the first time in March 2013).
The Property Platform in Anglo-American Law and the Primacy of the Property Concept, 29 GEORGIA STATE UNIVERSITY LAW REVIEW 453 (2013).
The “Reason Giving” Lawyer: A Practical, Ethical, and Pedagogical Perspective, 26 GEORGETOWN JOURNAL OF LEGAL ETHICS 261 (2013).
Certainty of Title: Perspectives After the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems, 66 ARKANSAS LAW REVIEW 267 (2013) (symposium).
Public Lands and the Federal Government’s Compact-Based “Duty to Dispose”: A Case Study of Utah’s H.B. 148 – The Transfer of Public Lands Act, 2013 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1133 (2013).
“Thinking” in a Deweyan Perspective: The Law School Exam as a Case Study for Thinking in Lawyering, 12 NEVADA LAW JOURNAL 395 (2012).
You Say You Want a (Nonviolent) Revolution, Well Then What? Further Thoughts on the Soft Power and Persuasion of Translations for Governments Emerging Out of Peaceful Chaos, 114 WEST VIRGINIA LAW REVIEW 897 (2012).
Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response to Professor Branson with Some Supplemental Thoughts, 9 SANTA CLARA JOURNAL OF INTERNATIONAL LAW 251 (2011) (symposium).
“Learning” Research and Legal Education: A Brief Overview and Selected Bibliographical Survey, 40 SOUTHWESTERN LAW REVIEW 449 (2011). [Selected as Institute for Teaching and Learning Article of the Month, June 2011]
On Equality: The Anti-Interference Principle, 45 UNIVERSITY OF RICHMOND LAW REVIEW 431 (2011).
Thinking Like Thinkers: Is the Art and Discipline of An “Attitude of Suspended Conclusion” Lost on Lawyers?, 35 SEATTLE UNIVERSITY LAW REVIEW 1 (2011)
Reading Adam Smith in Arabic, WALL STREET JOURNAL, Feb. 17, 2011, at A17. [Selected notable citation: Secretary of State Hillary Clinton was questioned directly and specifically about this op-ed by Senator Ron Johnson at the Senate Appropriations Committee Hearings on the State Department Budget on March 2, 2011 – see 2011 WLNR 4165274]
Black Tuesday and Graying the Legitimacy Line of Governmental Intervention: When Tomorrow is Just a Future Yesterday, 15 NEXUS L.J. 107 (2010) (symposium).
Luxury Needs No Remedy, L.A. TIMES, July 26, 2010, at A15. Reprinted as inter alia, the following newspapers:Founding Father’s Lesson on Wealth, DALLAS MORNING NEWS, Aug. 1, 2010 (Sunday Commentary); Benjamin Franklin on Wealth, PLAIN-DEALER (Cleveland, OH), Aug. 1, 2010 (Sunday edition); Ben’s Wealth Wisdom, ST. PETERSBURG TIMES (FL), July 31, 2010; Government Shouldn’t Regulate Luxury, DESERET NEWS (Salt Lake City, UT), Aug. 1, 2010 (Sunday edition); Wealth is Not a Dirty Word, PITTSBURGH TRIBUNE-REVIEW, Aug. 1, 2010 (Sunday Edition); Benjamin Franklin on Wealth, DENVER POST, July 29, 2010; Benjamin Franklin Had It Right on Wealth, ATHENS BANNER HERALD (GA), July 31, 2010; Benjamin Franklin Understood the Value of Wealth, AKRON BEACON JOURNAL (OH), July 29, 2010.
Sovereignty and the American Courts at the Cocktail Party of International Law: The Dangers of Domestic Judicial Invocations of Foreign and International Law, 29 FORDHAM INTERNATIONAL LAW JOURNAL 507 (2006).
Boyakasha, Fist to Fist: Respect and the Philosophical Link with Reciprocity in International Law and Human Rights, 38 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW 349 (2006).
The Blogosphere and the New Pamphleteers, 11 NEXUS L.J. 99 (2006) (symposium).
Much Ado About Pluralities: Pride and Precedent Amidst the Cacophony of Concurrences – and Re-Percolation After Rapanos, 15 VIRGINIA JOURNAL OF SOCIAL POLICY & LAW 299 (2008) (with Professors Mathew Parlow and Melissa Berry).
The Soft Power and Persuasion of Translations in the War on Terror: Words and Wisdom in the Transformation of Legal Systems, 110 WEST VIRGINIA LAW REVIEW 545 (2008).
In the Heat of the Law, It’s Not Just Steam: Geothermal Resources and the Impacts on Thermophile Biodiversity, 13 HASTINGS W.-N.W.J. ENVIRONMENTAL LAW & POLICY 35 (2007) (with Tiffany Grant).
Runoff and Reality: Externalities and Traceability Problems in Urban Runoff Regulation, 9 CHAPMAN LAW REVIEW 409 (2006) (symposium).
The Unconstitutionality of Class-Based Statutory Limitations on Presidential Nominations: Can a Man Head the Women’s Bureau at the Department of Labor?, 37 LOYOLA UNIVERSITY CHICAGO LAW REVIEW 43 (2005).
Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process, 24 BYU JOURNAL OF PUBLIC LAW 49 (2009)