Santa Clara University

Fall 2007 - Faculty Activities

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Faculty Activities

 

Following is a partial list of the many achievements, publications, lectures, and activities of Santa Clara Law’s outstanding faculty.

 

Publications, Lectures, and Academic Engagements

Professor Stephen Diamond was interviewed by Backstage.com con cerning upcoming labor negotiations in Hollywood. He also was quoted extensively in an article in the Journal of Commerce (July 9, 2007) on the role of the trucking industry in clean air legislation and enforcement concerning the nation’s harbors.

Professor Eric Goldman’s Tech and Marketing Law Blog was included on a list compiled in the article "Blawgs to Add to Your Favorites List" by Kelly D. Talcott of the New York Law Journal, published on February 26, 2007.

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Prof. Allen Hammond


Professor Allen Hammond was named to the Phil and Bobbie Sanfilippo Chair at Santa Clara University. The Sanfilippo Chair is awarded for a five year period of time to a University faculty member who has distinguished himself or herself as a teaching scholar who fosters the highest ideals of a Jesuit, Catholic education.



Professor Ellen Kreitzberg’s article, "But Can it Be Fixed? A Look at Constitutional Challenges to Lethal Injection Executions" appeared in the Santa Clara University Law Review (spring issue).The article was listed on SSRN’s Top Ten download list under several criminal law topics. She co-authored with David Richter an examination of the constitutional chal lenges to the lethal injection procedures in executions. An article co-authored with Professor Linda Carter, "Innocent of a Capital Crime: Parallels Between Innocence of a Crime and Innocence of the Death Penalty," appears in the Spring 2007 Tulsa Law Review. In April, Professor Kreitzberg participated in a discussion and presentation on To Kill a Mockingbird as part of a month long event put on by the Peninsula Library System pursuant to a grant from the National Endowment for the Arts/Institute of Museum and Library Services.



Dean and Professor Donald Polden and lecturer Bob Cullen were inter viewed about the law school’s course, Leadership for Lawyers. The interview was published in The Complete Lawyer, Volume 3, Issue 3 (2007). Professor Catherine J.K. Sandoval published an op-ed piece in the San Jose Mercury News, June 24, 2007 headlined "Bilingualism should be cul tivated, not discouraged."

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Prof. Ellen Kreitzberg


Professor Alan Scheflin received the American Society of Clinical Hypnosis Award of Merit for his "extraordinary and exceptional representation of the hypnosis community in the legal arena, his support of the ethical use of hypno sis in the treatment of trauma, and his many publications on these topics." He also gave two presentations at a spring conference, one of which was a work shop with FBI hypnosis specialists dis cussing the application of hypnosis to solving crimes. He is also on the Ethics Committee for the American Society of Clinical Hypnosis.

Professor Gerald Uelmen was hon ored at the annual dinner of the San Diego Criminal Defense Bar with their Lifetime Achievement Award. Following is a partial list of the many achievements, publications, lectures, and activities of Santa Clara Law’s outstanding faculty. examination of the constitutional chal lenges to the lethal injection procedures in executions. An article co-authored with Professor Linda Carter, "Innocent of a Capital Crime: Parallels Between Innocence of a Crime and Innocence of the Death Penalty," appears in the Spring 2007 Tulsa Law Review.

Professor Kerry Macintosh’s article, "Equal Protection for Human Clones: A Review of Illegal Beings: Human Clones and the Law," was published in Family Law Quarterly, Vol. 40, 2006, p. 529 and was favorably commented on by Richard F. Storrow of Pennsylvania State University - Dickinson School of Law. Professor Cynthia Mertens, Associate Dean for Academic Affairs, chaired a panel, "An In-Depth Analysis of the Year’s Most Important Legal Developments," at the California State Bar Real Property Annual Retreat held in Napa in April.

Professor Tyler Ochoa presented "The Litigation Year in Review" in Los Angeles and San Jose at The Copyright Office Comes to California, an annual program sponsored by the U.S. Copyright Office and the Intellectual Property Section of the State Bar of California, and again at The Copyright Office Comes to Music City, a U.S. Copyright Office program in Nashville, Tenn. He presented "Search Engines and Intellectual Property" at Valparaiso University Law School and "What If Goldstein v. California Had Been Decided Differently?" at the Symposium on What Ifs and Other Alternative Intellectual Property and Cyberlaw Stories at Michigan State University College of Law. He presented "Copyright: The Year in Review" at a seminar jointly sponsored by the Los Angeles Intellectual Property Law Association, the Orange County Patent Law Association, the San Diego Intellectual Property Law Association, and the Intellectual Property Section of the Ventura County Bar Association.

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Prof. Tyler Ochoa


Professor Beth Van Schaack, with Ronald C. Slye of Seattle University School of Law, published International Criminal Law and Its Enforcement, Foundation Press (2007).

Professor Stephanie Wildman is co-author (with Juan Perea, Richard Delgado, Angela Harris, and Jean Stefancic) of Race and Races: Cases and Resources for a Diverse America (Second Edition), West Publishing Company, June 2007. It was listed in July 2007 on SSRN’s Top Ten download list for the topic of immigration, refugee and citizenship law.

Professor Nancy Wright’s article, "Battered Children/Shattered Lives: A Plea for Self-Defense Based on Domestic Abuse Syndrome for Victims of Domestic Violence who Kill Their Abusers," has been accepted for publication in Georgetown Journal on Poverty Law & Policy, Volume XV, Issue 3 (Summer 2008).

Senior Fellow Wil Burns presented "Feeling the Heat? Climate Change Litigation in the 21st Century" in Washington, D.C. in March 2006. The discussion concerned efforts to address climate change through adjudicative and quasi-adjudicative mechanisms at the international level in the face of the failure of institutional responses such as the United Nations Framework Convention on Climate Change and the Kyoto Protocol to meaningfully address the specter of climate change. Professor Burns also was appointed a corresponding editor for the American Society of International Law’s publication International Legal Materials, in the context of international environmental law. In April, at the invitation of the government of New Zealand, he participated in the Symposium on the State of the Conservation of Whales in the 21st Century, at the United Nations. Professor Burns, together with Professor Hari Osofsky of the University of Oregon School of Law, will produce a book on climate change law for Aspen Publishers’ "Global Dimensions" series. The book, due in April 2008, will serve as a complement to first year property texts or for individual courses. He has been named to the board of the Marine Section of the Society for Conservation Biology and has co-authored a monograph, "Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define," Report of the International Law Association (American Branch), Law of the Sea Committee (2007).

Assistant Dean Elizabeth Powers spent part of the spring 2007 semester in Poland on a Fulbright Fellowship. While in Europe, she gave a lecture on U.S. copyright law at Ghent University, and taught a course, Protection of Intellectual Property, at Warsaw University School of Law. In addition, pursuant to her Fulbright grant, she made three presentations: "Comparative U.S. Patent, Copyright and Trademark Laws" at the University of Vienna, hosted by the site director for Santa Clara Law’s new Vienna-Budapest program, Dr. Siegfried Fina; "U.S. Patent Law Reform and Innovation" at a conference, Law and the Changing Interface of Innovation and Communication, sponsored by the University of Turku, Finland; and "U.S. Patent Law Reform," the keynote address at a meeting of the IPR University Center, in Helsinki, Finland.

Sandee Magliozzi, Director of Law Internships, was appointed a NALP board liaison for an affiliate organization, the National Gay and Lesbian Law Association (NLGLA).

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Asst. Dean Marina Hsieh 


Teaching Scholar David Ball’s paper, "Mentally Ill Prisoners in the California Department of Corrections and Rehabilitation: Strategies for Improving Treatment and Reducing Recidivism," was listed on SSRN’s Top Ten download list for the topic of health economics.



Clinical Instructor Lynette Parker’s article, "Increasing Law Students’ Effectiveness When Representing Traumatized Clients: A Case Study of the Katharine & George Alexander Community Law Center," was published at 21 Georgetown Immigration Law Journal 163-199 (2007).

Assistant Dean Marina Hsieh conducted two "Teaching with Technology" demonstration workshops at the AALS Annual Conference for New Law Teachers in Washington, D.C. in June and also led the discussion sections on teaching Civil Procedure and Constitutional Law.

 

In the Media

June 14, 2007
Washington Internet Daily
Professor Eric Goldman was one of a group of California law professors and bar officials who asked a state legislator to hold a trademark dilution bill until an industry group revises its model bill, saying the legislator’s bill departs from federal changes enacted last year.

June 14, 2007
Los Angeles Times
Professor Tyler Ochoa commented on a case about a Utah lawsuit (involving EMI Records) that threatened to put small karaoke companies out of business.

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Prof. Margaret Russell


May 26, 2007
KNTV

Professor Margaret Russell, reacting to the American military’s telling soldiers not to use websites like YouTube or MySpace, said, "What is the government’s justification to curtail someone’s freedom of speech?" She said the Web lets today’s soldiers communicate without jeopardizing national security.

May 25, 2007
San Jose Business Journal
Professor Angelo Ancheta was interviewed for a Q&A on the changes to immigration law considered by Congress. Ancheta said that the proposal would not slow down immigration from Mexico.

May 9, 2007
Los Angeles Times

Professor Gerald Uelmen, head of the California Commission on the Fair Administration of Justice, commented on the commission’s finding that forensic science errors are a major contributor to wrongful convictions and that better training, more monitoring and stronger standards are needed. He said, "Forensic science is playing a greater role in all criminal cases. It puts a lot of pressure on the system—not defense lawyers, but prosecutors and the criminalists themselves."

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Prof. Eric Goldman


May 2, 2007
Chicago Tribune
Professor Eric Goldman expressed sympathy for search engines in an article regarding pop-up advertising. "Keyword triggering of advertising is generally not a problem for consumers, but it is for advertisers," he said.

April 27, 2007
TECHWEB
Eric Goldman commented on the Quiznos/Subway rivalry over advertising. Rival sandwich company Subway is fighting to hold Quiznos liable for false advertising under the Lanham Act for statements made in user-generated video commercials. "Asking users to do work for you [doesn’t] immediately provide insulation from what they do," he said. "Sometimes in the mania to engage in crowd sourcing, people might be tempted to overlook the legal liability issue, and they shouldn’t."

April 25, 2007
Los Angeles Times
Professor Gerald Uelmen commented on a federal judge’s ruling that some Los Angeles police tactics in patrolling downtown are unconstitutional, raising questions about the city’s successful campaign to dramatically reduce the number of crimes and homeless people. "It reins in the use of probation and parole searches as just another authorization for warrantless police activity that would otherwise be governed by constitutional limits," said Uelmen.

April 11, 2007
Los Angeles Times
Professor Gerald Uelmen reacted to the Los Angeles Police Department’s landmark Special Order 40, which prohibits officers from inquiring about the immigration status of suspects, and which has come under an aggressive assault by anti-illegal immigrant activists who argue that it ties the hands of police. Uelmen believes that, although the challenge was novel, Los Angeles officials could argue that questioning the immigration status of only drug offenders violates the Constitution’s Equal Protection Clause.

April 9, 2007
Lawyers USA
Professor Eric Goldman predicts that domain name disputes will decrease and eventually disappear. "Domain names have a relatively low navigational value given the emergence of search engines," he said. "If people are using search engines to find websites rather than a specific URL or the address bar, the domain name business is doomed," he says.