FACULTY FOOTNOTES

From publishing scholarly articles and books to organizing conferences on important legal issues, the USD School of Law faculty is committed to advancing the study and practice of law. In these pages, learn how our professors are impacting law at national and global levels.

Larry Alexander

Larry Alexander published “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” in Precedent in the United States Supreme Court, Vol. 33 (Peters, ed.) (Springer, 2013); “A Freedom of Expression” in Encyclopedia of Modern Political Thought (Claeys and Sargent, eds.) (CQ Press, 2013); “Causing the Conditions of One’s Defense: A Theoretical Non-Problem” in 7 Criminal Law & Philosophy 623 (2013); “Is Freedom of Expression a Universal Right?” in 50 San Diego Law Review 207 (2013); “Yaffe on Attempts” in 19 Legal Theory 124 (2013); and “Race Matters” in 29 Constitutional Commentary 31 (with Schwarzschild) (2013). Alexander’s forthcoming publications include “Constitutional Theories: A Taxonomy and (Implicit) Critique” in 51 San Diego Law Review (forthcoming 2014); “Making Retributive Justice Compatible With Distributive Justice: Difficult, or Impossible?” in Oxford Handbook of Distributive Justice (forthcoming 2014); “Fish on Academic Freedom: A Merited Assault on Nonsense, But Perhaps a Bridge Too Far” in Florida International Law Review (forthcoming 2014); and “Confused Culpability, Contrived Causation, and the Collapse of Tort Theory” in Philosophical Foundations of the Law of Torts (with Ferzan) (Oberdiek, ed.) (forthcoming 2014).

Alexander attended conferences and delivered presentations, including “Is Religion Outdated (as a Constitutional Category)?” at an Institute for Law and Religion conference, University of San Diego School of Law, San Diego (February 2014); Originalism Worksin-Progress Conference, University of San Diego School of Law, San Diego (February 2014); Stanley Fish and the Meaning of Academic Freedom, Miami (January 2014); workshop on Deontological Principles and the

Special Education” at the University of California, San Diego, San Diego (June 2013).

Michael Devitt

Michael Devitt published “Improper Deportation of Legal Permanent Residents: The U.S. Government’s Mischaracterization of the Supreme Court’s Decision in Nijhawan v. Holder” in 15 San Diego International Law Journal 1 (2013).

Donald Dripps

Donald Dripps published Criminal Law and Procedure: Cases and Materials, 12th Ed. (with Boyce and Perkins) (Foundation Press, 2013); Teacher’s Manual for Criminal Law and Procedure, 12th Ed. (Foundation Press, 2013); “‘Dearest Property’: Digital Evidence and the History of Private ‘Papers’ as Special Objects of Search and Seizure” in 103 Journal of Criminal Law and Criminology 49 (2014); and “Why Gideon Failed: Politics and Feedback Loops in the Reform of Criminal Justice” in 70 Washington and Lee Law Review 833 (2013). Dripps’ forthcoming publications include “Does Liberal Procedure Cause Punitive Substance? Preliminary Evidence from Some Natural Experiments” in 86 Southern California Law Review (forthcoming 2014).

Dripps presented “Disparate Impact as a Defense in Federal Prosecutions” at Vanderbilt Law School, Nashville, Tenn. (October 2013), and “Does Liberal Procedure Cause Punitive Substance? Preliminary Evidence from Some Natural Experiments” at Criminal Justice at the Crossroads, University of Southern California Gould School of Law, Los Angeles (June 2013).

Robert Fellmeth

Robert Fellmeth published “Passive Review and the Proposed Facebook Settlement” in Los Angeles Daily Journal (July 27, 2013). Fellmeth’s forthcoming publications include “Legal Issues” in Child Maltreatment, Physical Abuse and Neglect, Vol. 4 (Alexander, Chadwick and Giardino, eds.) (STM Learning, forthcoming 2014) and “Expert Testimony in Child-Related Litigation” in the Handbook of Pediatric Forensic Pathology (with Chadwick) (Byard and Collins, eds.) (Springer Publishing, forthcoming 2014).

Miranda Fleischer

Miranda Fleischer’s forthcoming publication is “Utilitarianism and the Charitable Tax Subsidies: Problems and Priorities” in 89 Indiana Law Journal (forthcoming 2014).

Fleischer presented “Charity, Poverty, and Duty” at Tax Reform in a Time of Crisis, Pepperdine Law School, Malibu, Calif. (February 2014); “Charity, Poverty, and Duty” at Duties and the Income Tax, University of Washington In the News: On May 14, 2014, The New York Times published an article by Professor Victor Fleischer that discusses how hedge fund managers go beyond carried interest to shelter enormous incomes. Congress closed tax loopholes over the years and is now debating ways to close the carried interest loophole. Fleischer’s article lays out the steps hedge fund managers have taken to find creative ways to continue to shelter income and pay less in taxes.

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School of Law, Seattle (October 2013); and “Libertarianism and the Charitable Tax Subsidies” at Columbia Tax Scholars’ conference, Columbia Law School, New York (June 2013).

Victor Fleischer

Victor Fleischer’s forthcoming publication is “The Supercharged IPO” in Vanderbilt Law Review (forthcoming 2014).

Fleischer presented “Tax Extenders” at the Annual NYU–UCLA Tax Policy Conference, Los Angeles (October 2013); “The Inferiority of Pigouvian Taxes” at the Midwestern Law and Economics Association meeting, University of Illinois, Champaign, Ill. (October 2013); and “The Inferiority of Pigouvian Taxes” at a faculty colloquium, Loyola Law School, Los Angeles (September 2013).

Ralph Folsom

Ralph Folsom published European Union Law in a Nutshell, 8th Ed. (West Academic Publishing, February 2014); Principles of European Union Law, 4th Ed. (West Academic Publishing, February 2014); Principles of International Business Transactions, 3rd Ed. (with Gordon, Spanogle and Van Alstine) (West Academic Publishing, June 2013); Folsom’s International Business Transactions, 3rd Ed. (Thomas West, 2013); and “State Antitrust Enforcement” in Antitrust Laws and Trade Regulation, 2nd Ed. (Kalinowski, Sullivan eds.) (LexisNexis, 2013).

Dov Fox

Dov Fox published “Interest Creep” in 82 George Washington Law Review 273 (2014) and “Neuro-Voir Dire and the Architecture of Bias” in 65 Hastings Law Journal 101 (2014).

Fox presented “Black Boxes: The Mind and the Jury” at the International Neuroethics Society annual meeting, San Diego (November 2013); “The Puzzle of Potential Life” at Health Law Policy, Biotechnology, and Bioethics Workshop, Harvard Law School, Boston (September 2013); and “Neuro-Voir Dire” at a Georgetown Law Center faculty workshop, Georgetown Law Center, Washington, D.C. (June 2013).

Karl Gruben

Karl Gruben published “A Practical Guide” in Law Librarianship in the 21st Century (Scarecrow Press, 2014).

Walter Heiser

Walter Heiser published Understanding Civil Procedure, California Ed. (LexisNexis, 2013) and California Civil Procedure Handbook: Rules, Selected Statutes and Cases and Comparative Analyses (LexisNexis, 2013). Gail Heriot

Gail Heriot published “The Sad Irony of Affirmative Action” in 14 National Affairs 78 (2013). Heriot presented “The Supreme Court: Past and Prologue” at the Constitution Day Symposium, The Cato Institute, Washington, D.C. (September 2013); “A Might Maze” and “Charting the Future of American Higher Education” at the Race–Preferential Admissions Policy Symposium, New York (March 2013); and “The Federal Leviathan” and “Is There Any Modern Life to Which the Federal Government Does Not Extend?” at the National Student Symposium, University of Texas, Austin, Texas (March 2013).

Adam Hirsch

Adam Hirsch published “Incomplete Wills” in 111 Michigan Law Review 1223 (2013). Hirsch’s forthcoming publications include “Formalizing Gratuities and Contractual Transfers: A Situational Theory” in 91 Washington University Law Review (forthcoming 2014); “Disclaimers and Federalism” in 67 Vanderbilt Law Review (forthcoming 2014); and “Teaching Wills and Trusts: The Jurisdictional Problem” in 58 St. Louis University Law Journal (forthcoming 2014).

Michael Kelly

Michael Kelly published Remedies: Cases, Practical Problems and

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Shades of Grey: A Legal Perspective on Reputation” at Oxford University, Oxford, United Kingdom (September 2013).

Lisa Ramsey

Lisa Ramsey’s forthcoming publication is “Reconciling Trademark Rights and Free Expression Locally and Globally” in Research Handbook of International Intellectual Property Law (Gervais, ed.) (Edward Elgar Publishing, forthcoming 2014). Ramsey published “Mechanisms for Limiting Trademark Rights to Further Competition and Free Speech” in 44 International Review of Intellectual Property and Competition Law 671 (with Schovsbo) (2013).

Ramsey presented “Reconciling Trademark Rights and Free Speech Locally and Globally” at the 13th Intellectual Property Scholars Conference, Benjamin N. Cardoza School of Law, New York (August 2013); “Reconciling Trademark Rights and Free Speech Locally and Globally” at the 32nd Annual Congress of the International Association for the Advancement of Teaching and Research in Intellectual Property, University of Oxford, Oxford, United Kingdom (June 2013). Michael Ramsey

Michael Ramsey published “Returning the Alien Tort Statute to Obscurity” in 52 Columbia Journal of Transnational Law 67 (2013); “The Limits of Custom in Constitutional and International Law” in 50 San Diego Law Review 867 (2013); and “The Supremacy Clause, Original Meaning and Modern Law” in 74 Ohio State Law Journal 559 (2013).

Ramsey presented “Presidential Eligibility and the Original Meaning of ‘Natural Born’ ” at Georgetown Law Center Constitutional Law colloquium, Washington, D.C. (November 2013); and “International Human Rights Litigation in the United States after Kiobel v. Royal Dutch Petroleum” at the University of Copenhagen Centre for Enterprise Liability, Copenhagen, Denmark (June 2013).

Michael Rappaport

Michael Rappaport published Originalism and the Good Constitution (with McGinnis) (Harvard University Press, October 2013) (see story on page 34) and “Originalism and the Colorblind Constitution” in 89 Notre Dame Law Review 71 (2013).

Rappaport presented “Originalism and the Good Constitution” at Brooklyn Law School, New York (October 2013). Maimon Schwarzschild

Maimon Schwarzschild published “The Role of the U.S. Supreme Court in the Protection of Religious Liberty: How Much Autonomy Do You Want?” in The Culture of Judicial Independence: Rule of Law and World Peace (Shetreet, ed.) (Brill | Nijhoff, 2014); “Race Matters” in 29 Constitutional Commentary 31 (with Alexander) (2013); and “A Class Act? Social Class Affirmative Action and Higher Education” in 50 San Diego Law Review 44 (2013). Schwarzschild’s forthcoming publications include “The Role of the U.S. Supreme Court in the Protection of Religious Liberty” in the Culture of Judicial Independence (Brill | Nijhoff, forthcoming 2014).

Ted Sichelman

Ted Sichelman published “Funk Forward” in Intellectual Property at the Edge: The Contested Contours of IP (Dreyfuss, Ginsburg and Rose, eds.) (Cambridge University Press, April 2014); “Patent Law Revision at the Supreme Court” in 45 Loyola University Chicago Law Journal 307 (2014); “Commercializing Information with Intellectual Property” in 92 Texas Law Review 35 (2013); “Patent Law Revisionism at the Supreme Court?” in 45 Loyola University Chicago Law Journal 307 (2013); and “Enforcement

In the News: On February 26, 2014, Assistant Professor Dov Fox commented in a Boston Globe report on a study showing how a new, simple DNA blood test is superior to standard methods for detecting chromosomal abnormalities in a fetus. The new test would reduce invasive tests such as amniocentesis, which carry a small risk of miscarriage, and can increase detection of abnormal fetuses at an early stage of pregnancy. Fox says the test has potential but may further complicate how parents decide what is acceptable health for their unborn children.

as Substance in Tax Compliance” in 70 Washington and Lee Law Review 1679 (with Lederman) (2013). Sichelman’s forthcoming publication is “Startups & the Patent System: A Narrative in Law and Society Perspectives” in Intellectual Property (Halbert and Gallagher, eds.) (Cambridge University Press, forthcoming 2014).

Steven D. Smith

In addition to his book The Rise and Decline of American Religious Freedom (Harvard University Press, 2014) (see story on page 37), Steven D. Smith published “The Constitution and the Goods of Religion” in Dimensions of Goodness (Hosle, ed.) (Cambridge Scholars Publishing, 2013); “The Plight of the Secular Paradigm” in 88 Notre Dame Law Review 1409 (2013); and “Religious Symbols and Secular Government” in 46 Israel Law Review 193 (2013).

Smith attended conferences as a presenter and participant, including Dimensions of Politics and English Jurisprudence roundtable, at the University of Notre Dame, Notre Dame, Ind. (October 2013); “Hot Topics in Religion Clause Jurisprudence” at the 2013 Tenth Circuit Bench and Bar Conference, Colorado Springs, Colo. (August 2013); “Why Religion is (Still) Constitutionally Special” at the Annual Law and Religion Roundtable, Stanford Law School, Palo Alto, Calif. (June 2013); and Religion in Foreign Relations conference, Council on Foreign Relations, New York (June 2013).

Mila Sohoni

Mila Sohoni published “Agency Adjudication and Judicial Nondelegation: An Article III Canon” in 107 Northwestern University Law Review 1569 (2014) and “Notice and New Deal” in 62 Duke Law Journal 1169 (2013). Sohoni presented “The Power to Privilege” at an Association of American Law Schools New Voices in Administration law panel, New York (January 2014); “The Power to Privilege” at a New York University lawyering scholarship colloquium, New York (May 2013); “Notice and the New Deal” to the Michigan Law School faculty, Ann Arbor, Mich. (February 2013); and “Notice and the New Deal” to the University of Colorado-Boulder School of Law faculty, Boulder, Colo. (January 2013).

Horacio Spector

Horacio Spector published “The Forgotten Roberto Vacca” in Revista Argentina de Teoría Jurídica, Vol. 14 (2013); “The Irrelevance of Ideal Morality to International Law” in Law of Ukraine (April 2013); and “Autonomy” in The Routledge Companion to Social and Political Philosophy (D’Agostino and Gaus, eds.) (Routledge, 2013).

Spector’s forthcoming publications include “Philosophy and Law and