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Our Faculty in the Media

 

 

 

Publications:

 

 

Cookie Ridolfi co-wrote "Prosecutor misconduct has a high public cost" an Op Ed that appeared in the San Jose Mercury News on Wednesday November 11, 2009.

 

 

Catherine Sandoval was principal author, along with Allen Hammond, of a landmark study on minority commercial radio ownership entitled Minority Commercial Radio Ownership in 2009: FCC Licensing and Consolidation Policies, Entry Windows, and the Nexus Between Ownership, Diversity and Service in the Public Interest. The study examines more than 11,000 records from the Federal Communications Commission’s (FCC) Consolidated Database System (CDBS) and Internet sources on radio ownership and program formats in mid-2009 to analyze the effect of FCC licensing and multiple ownership policies on minority ownership of commercial radio stations, program diversification, and service to the American public. Professor Sandoval testified at the Federal Communications Commission in Washington D.C. at their Media Ownership Workshop, Policy Scholars Panel on November 2, 2009, as well as FCC hearings about internet policy on September 2 and October 2.

 

 

Anna Han gave a talk at USF on October 1 about "Intellectual Property in Emerging Markets". The talk covered China and Bhutan and discuss policy implications of IP laws for emerging economies. Professor Han also spoke on October 21 at the Santa Clara Bar Association on "Negotiating and Drafting International Contracts", where she discussed clauses that are important in international contracts such as forum selection, governing law, language etc.

 

 

Kandis Scott's piece about death penalty reforms in China was in the Top Ten of SSRN's Criminal Law (Public Law).

 

 

Cookie Ridolfi published "Prosecutors Run Amok,” an Op Ed that appeared in the San Francisco Daily Journal on Wednesday September 2, 2009.

 

 

Cookie Ridolfi and Jerry Uelmen presented the findings and recommendations of the California Commission on the Fair Administration of Justice at a death penalty seminar sponsored by the California Attorneys for Criminal Justice. The presentation included the findings of Ridolfi’s 2007 study, Prosecutorial Misconduct: A Systemic Review.

 

 

David Ball's paper entitled, "E Pluribus Unum: Data and Operations Integration in the California Criminal Justice System" was recently listed on SSRN's Top Ten download list for LSN: Law Enforcement (e.g., Criminal Investigations, Police Conduct, etc.) (Topic).

 

 

An op-ed by Stephen Diamond's about what new AFL-CIO chief Richard Trumka needs to do to keep labor unions relevant ran in eight papers or online newspaper sites including the Sacramento Bee, Bellingham Herald (WA), Buffalo News, the Tuscaloosa News (AL) and the Providence Journal-Bulletin (RI). He was also quoted in the Wall Street Journal about the challenges facing Trumka and the AFL-CIO and in the San Jose/Silicon Valley business journal about a former solar company CEO who sued the company over his dismissal.

 

 

Angelo Ancheta has received a one-year renewal grant of $34,385 from the State Bar of California to support the Katharine and George Alexander Community Law Center.

 

 

Stephanie M. Wildman recently published  Pregnancy Discrimination and Social Change: Evolving Consciousness About a Worker's Right to Job-Protected, Paid Leave (with Patricia A. Shiu), 21 Yale J.L. & Feminism 119 (2009).

 

 

This Article examines the change over the past few decades in U.S. law and societal attitudes concerning a worker's right to job-protected, paid leave. Though common around the world, job-protected, paid leave eludes the U.S. workforce. The authors begin by considering the concept of work, its relation to identity, and the construction of safety nets for workers when they need income replacement. The Article considers the movement to establish job-protected, paid leave that encompasses and values a worker's work, family, and personal life.

 

 

Margaret Russell has been appointed to the US Magistrate Selection Committee by Chief Judge Vaughn Walker of the US District Court for the Northern District of California. This work involves reviewing US magistrates whose terms are up for renewal, as well as filling new vacancies in the Northern District. (Russell continues to serve on Senator Barbara Boxer's Judicial Nomination Advisory Committee, which makes recommendations for federal district judges and the US attorney for the Northern District.)

 

 

Gerald Uelmen contributed three of the biographies in the recently published The Yale Biographical Dictionary of American Law, edited by Roger K. Newman.  The volume contains 700 concise biographies of leading figures in the history of American law.  Uelmen authored the entries for Stanley Mosk, Moman Prueitt and Gerry Spence. Uelmen's presentation at the Southwestern University Law Review Symposium on Wrongful Convictions: Causes and Cures, was published in Volume 37 of the Southwestern University Law Review at pp. 1149-1162.  Uelmen's article, Too Costly to Kill, asking whether California can afford the death penalty, was published in California Lawyer Magazine for July, 2009. The latest installment in Uelmen's annual survey of the work of the California Supreme Court appears in the current September, 2009 issue of California Lawyer Magazine. Uelmen's contribution to The Encyclopedia of Arkansas History & Culture will appear in the newest edition of that widely read tome.  The article is entitled J.R.Poisson V. Etienne d'Avril, discussing a legendary judicial opinion authored as an April Fool's joke by Justice Rose of the Arkansas Supreme Court.  The opinion appears in its entirety in a collection of legal humor which Uelmen co-edited entitled Supreme Folly.

 

 

Stephen Diamond's new book From ‘Che' to China: Labor and Authoritarianism in the New Global Economy will be published by Vandeplas Publishing this fall.  Professor Diamond presented a paper on private equity and financialization at the Society for the Advancement of Socio-economics in Paris this summer.  The paper will appear as a book chapter in The Embedded Firm a collection edited by Peer Zumbansen and Cynthia Williams in 2010.  Professor Diamond's paper measuring the impact of the IPO of the New York Stock Exchange with economist Jennifer Kuan of the Stanford Institute for Economic Policy Research was presented at the Sloan Foundation Industry Studies conference in Chicago and the International Society for New Institutional Economics in Berkeley this past spring.  Professor Diamond was named this summer as a "Scholar" in business ethics by the Markkula Center for Applied Ethics and a "Center Scholar" of the law school.  Professor Diamond was recently interviewed by Forbes magazine and the Detroit Free Press on issues related to the restructuring of the U.S. Auto industry.  Professor Diamond now also considers himself an expert in changing diapers and is available for consultation at his usual hourly rate to new fathers in the law school community.

 

 

Catherine Sandoval testified on September 2. 2009 at the Federal Communications Commission (FCC) hearing in Washington D.C on Broadband Internet Measurement and Analysis.  She emphasized the need to consider a variety of characteristics of Internet access such as limits imposed by Internet Service Providers on access to Internet applications, ability to use devices such as computers with the Internet Service and policies about usage to define the relevant market for broadband access, rather than focusing on the single dimension of minimum Internet speed offered that the FCC measured in past reports. She also highlighted the ongoing digital divide that resulted in only 59% of African-American households, 37% of Spanish-dominant households and 53% of low-income households having broadband Internet access in 2008. 

 

 

Eric Goldman has been busy as usual. His article, "Brand Spillovers", has been published by the Harvard Journal of Law & Technology. Another article, "Wikipedia's Labor Squeezes and its Consequences", will be coming out in the Journal of Telecommunications and High Technology Law. The article has received substantial media coverage, including write-ups in the Associated Press, CNET News.com, Ars Technica and numerous blogs. The popular legal blog "Above the Law" recently recognized Goldman as "one of the nation's leading scholars in the areas of internet law and intellectual property".

 

Goldman's blogs have been recognized as, among other things:

 

Goldman is this year's chair of the AALS Law & Computers Section. Finally, one of Goldman's blog posts was recently cited by Judge Posner in Wiesmueller v. Kosobucki, a Seventh Circuit opinion about the Wisconsin Diploma Privilege.

 

 

Professor Jiri Toman lectured on protection of cultural property to the National Seminar organized by the International Committee of the Red Cross and the Ministry of Culture of Lebanon in Beirut. The Seminar adopted the recommendations to the national authorities.  Toman also taught at the National Seminar on the protection of cultural property organized by the Ministry of Culture of the Kingdom of Cambodia during spring break. Toman was the main speaker at the Commemorative seminar organized by the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Seminar was organized for the 10 year anniversary of the adoption of the Second Protocol to the 1954 Hague Convention on the protection of cultural property in the event of armed conflict.

 

Toman spoke to the National Seminar on the protection of cultural property in Kuala Lumpur (Malaysia) in July 2009 organized by the Ministry of Culture of the the Federation of Malaysia. He presented the 1954 Convention and the Protocols to much of the staff of the Ministry and the cultural institutions of Malaysia.

 

Toman was an examiner in the PhD Examination Jury of the Monash University in Australia (June-July 2009): thesis entitled "Australia's international disaster response - laws, rules and principles", submitted by Mr. Michael Ernest Eburn, PhD candidate.

 

Currently, Toman is working on the Commentary to the 1999 Second Protocol to the 1954 Hague Convention and on the article to be published by the Ministry of Foreign Affairs of the Netherlands.

 

 

Law Lecturer Tom Klein wrote an article on the new software paradigm known as Enterprise 3.0, published on the Enterprise 2.0 blog. Read the article here.

 

 

Professor Beth Van Schaack is a Visiting Scholar at Stanford University's Center for Democracy, Development and the Rule of Law for Academic Year 2009-2010. She is researching the impact of international criminal law on women and the impact of women on international criminal law.

 

 

Professor Eric Goldman continues to be a ubiquitous media source for tech-law reporters. His comments to Associated Press and others about Wikipedia’s future were carried by well over 100 publications, including papers in Atlanta, Columbus, Ohio, Toronto, Casper, Wyoming, Akron, Rapid City, Tulsa, San Diego and Sydney. He was also mentioned in CNET, China Post, BusinessWeek online, and Capital Radio. Among other assorted stories, he was quoted in UPI and other stories about a Facebook privacy-invasion lawsuit, and in InformationWeek on Google’s fight against a subpoena. He was also quoted in a San Jose Mercury News article about Apple and Palm’s possibly illegal non-poaching agreement. And in a Santa Clara first, a reporter from InternetNEws.com quoted part of Goldman’s "Tweet” (a 140-character posting on Twitter) about a lawsuit he considered frivolous.

 

 

Law Lecturer and International Law Scholar Art Gemmell's book review was recently published in The Annual Survey of International and Comparative Law, Spring, 2009 (15 Ann. Surv. Int'l & Comp. L. 153). Art Gemmell also reviewed: Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke.

 

 

Pat Cain recently placed several pieces in the past several months: First, she completed the 2008 Supplement for her textbook, SEXUALITY LAW (Carolina Academic Press 2008, with Arthur Leonard) and published the following articles:

 

  • "Taxing Families Fairly," 48 SANTA CLARA LAW REVIEW 805 (2008),
  •  "Gay Rights in the United States," in LGBTQ AMERICAN TODAY, ed, John Hawley (Greenwood Press, November 2008); Estate, Tax and Benefits Planning for Unmarried Couples (with Burda, Goffe, and Kolz)(ALI ABA 2009);
  • "Two Sisters versus a Father and Two Sons: The Story of Sawado v. Endo," in Property Stories, Gerald Kornbloom and Andy Morriss, eds., 2d edition (Foundation Press 2009);
  • "In re Marriage Cases: Six Cases in Search of a Decision" (with Jean Love), in Wildman and Schneider, eds, Women and the Law Stories (forthcoming 2009)(in press);
  • "DOMA and the Internal Revenue Code, __ CHICAGO-KENT L. REV. __ (2009)(forthcoming in press);
  • "Unmarried Couples and the Mortgage Interest Deduction," TAX NOTES (April 27, 2009) at page 473.

 

 

David Sloss also placed an article titled  The Constitutional Right to a Treaty Preemption Defense in the Univ. of Toledo L. Rev., (2009), and entered into a  contract with Cambridge University Press for a book entitled "The U.S. Supreme Court and International Law: Continuity or Change?" The book has two co-editors and about 15 contributing authors, and, importantly, almost all the contributing authors will be attending a conference at Santa Clara in November 2009 to present and discuss their respective contributions for the book.

 

 

David Ball received a great mention on Doug Berman's Sentencing Law and Policy blog, which is a major blog for people who do criminal and sentencing law issues.  Berman writes about David's article in the June 2009 issue of the Columbia Law Review, titled "Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment."  Berman stated that "David Ball's article merits a place on any Top 10 list of must-read pieces concerning the Supreme Court's modern sentencing jurisprudence." The link to the blog is: http://sentencing.typepad.com/sentencing_law_and_policy/2009/06/great-new-article-on-apprendi-and-parole-in-columbia-law-review.html

 

 

Kandis Scott's article, titled "Why Did China Reform Its Death Penalty?" will be published in the Pacific Rim Law and Policy Journal (Univ. of Washington) in January, 2010.  This is a peer reviewed journal. 

 

 

Multi-Media Stars and Darlings: The Law Faculty also got involved in the national and local limelight concerning judicial appointments and other topics. A partial list of these appearances are: Bradley Joondeph, Lia Epperson, Margaret Russell, Cathy Sandoval and Gerald Uelmen were all sought out by the media, with the nomination of Judge Sonia Sotomayor to the Supreme Court; the mixed verdict on Proposition 8, and a key racial-discrimination case before the Supreme Court.  Sandoval shared her memories of her longtime friend Sotomayor with CBS5, while Joondeph handled more than a dozen radio interviews nationwide the day after the nomination.  Ellen Kreitzberg appeared on ABC7 to discuss the historic importance of Judge Sotomayor's appointment to the Supreme Court. An op-ed on the value of empathy by Margaret Russell and Marilyn Edelstein (English Department) ran in the Oakland Tribune, the Tri-Valley Herald, the Daily Review, the Fremont Argus, the Alameda Times-Star, and InsideBayArea.com. Susan Morse wrote an analysis piece that ran in Tax Notes and Worldwide Tax Daily, on the use of intermediaries. Cynthia Mertens was quoted in the National Law Journal and Legal Times about SCU Law's academic integrity policy. A flurry of tech cases involving Craigslist, Facebook, and Google sent reporters from American Lawyer, CNet, Dow Jones, Reuters, and others to Eric Goldman for context and insight. Gerald Uelmen was quoted in the New York Times about Supreme Court contender Carlos Moreno and Prop. 8, and by the LA Times on death penalty issues.

 

 

Evangeline Abriel published The VAWA Manual: Immigration Relief for Abused Immigrants (with Sally Kinoshita) (5th edition 2008).  She also presented a two-day training (with Peggy Gleason of the Catholic Legal Immigration Network) in preparation for the transition to U.S. immigration law in the CNMI starting November of  2009.

 

 

Stephen Smith placed the following articles:

 

  • "Teaching Practical Procedure in the Legal Writing classroom," 17 Perspectives: Teaching Legal Research and Writing 31 (2008).
  • "Using the ADA to Teach the Interaction of Statutes," The Second Draft: Newsletter of the Legal Writing Institute, Fall 2008, at 10.
  • "Creating a Research File – Transition from One-L to Summer Legal Work," Podcast Series, Suffolk University Law School (2008)
  • "The Poetry of Persuasion: Early Literary Theory and its Advice to Legal Writers," 6 Journal of the Association of Legal Writing Directors (J.ALWD) 55-74 (Fall 2009).

 

 

Two books by LARAW faculty member Yvonne Ekern and Adjunct LARAW faculty member Joanne Banker Hames -- INTRODUCTION TO LAW (4th ed. 2010) and LEGAL RESEARCH, ANALYSIS, AND WRITING (3d ed. 2009) -- were recently published by Pearson Prentice Hall.

 

 

LARAW faculty member Rachel Smith was awarded an ALWD (Association of Legal Writing Directors) summer grant for this past summer.

 

 

Grants:

 

The Northern California Innocence Project received a $236,000 award from the Department of Justice to fund a supervising attorney position for a period of eighteen months.

 

 

The Northern California Innocence Project received a $2.4 million dollar grant award from the National Institute of Justice to create the California DNA Project, which will systematically identify and review select California cases for testable DNA evidence, and in appropriate cases, seek testing of that evidence.

 

 

The Markkula Center for Applied Ethics awarded Hackworth Grants for Research in Applied Ethics to, among other faculty, two law school faculty members:

 

  • Susie Morse, to support work on a project called, "Selling a Value Added Tax: The Ethical Limits of Government Persuasion." Professor Morse is examining the ethical constraints on government efforts to persuade the public to accept a value-added tax, which is considered by some experts to be necessary in light of the size of current federal budget deficits.

     

  • David Sloss, to support work on a conference to be held next spring at the SCU Law School called, "Corporations and International Law." Professor Sloss is the Director of the Law School's Center for Global Law and Policy, which annually hosts on campus a major conference on international law and on many related ethical issues.

     

 

Assistant Dean Jeanette Leach received $50,000 from the Law School Admission Council to support " Prelaw Undergraduate Scholars Program (PLUS), Summer 2009."

 

 

 

See more Faculty Activities in the latest issue of Santa Clara Law Magazine

 

 

 

 

 

Our Faculty in the Media