Santa Clara University

Faculty Activities

Honors, Publications, And Presentations

Professor Don Chism was recognized at the annual meeting of American Patent Lawyers in Washington D.C. on the 25th anniversary of the publication of his 12-volume treatise on patent law. Leading patent lawyers recognized his contributions to the development of patent law.

Professor Jiri Toman published The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents, a book edited in collaboration with Dietrich Schindler (4^th edition, Martinus Nijhoff Publishers, 2004). He also published an article, “The Status of Al Qaeda/Taliban Detainees under the Geneva Conventions,” in the Israel Yearbook of Human Rights, Vol. 32, 2002 (published in 2004). In February, Toman was given a medal by the Egyptian Minister of Justice for a paper he presented at the International Conference celebrating the 50th anniversary of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The conference was attended by Egyptian officials, representatives of Arab states, the International Committee of the Red Cross, UNESCO, the United Nations Office on Drugs and Crime, and Red Crescent Society representatives.

Santa Clara School of Law’s faculty were prominent at the 2004 annual meeting of the Association of American Law Schools (AALS) in Atlanta. Professor June Carbone served as moderator at the Scholarly Paper Presentation. She also moderated a panel on unmarried domestic relationships and their property law implications co-sponsored by the Sections on Family and Juvenile Law, Property Law, and Sexual Orientation and Gender Identity Issues. Assistant Dean John Baldwin moderated a panel discussion of “Prospect Research in the Small Shop” at the meeting of the Section on Institutional Advancement. Professor Alan Scheflin gave a presentation on amnesia and homicide on a panel on the topic of “murder and memory” put on by the Section on Law and Mental Disability. Professor Stephanie Wildman moderated a panel on social justice and gender put on by the Section on Women in Legal Education. Professor Wildman also serves as the chair of the Section this year.

Professor Stephanie Wildman spoke at a symposium at Temple University Law School on the Vision and Revision of the History, Evolution, and Future of the 14th Amendment. Her paper will be published in a special symposium issue of the Temple Law Review.

In February, Professor George Alexander presented an invited paper, “Using the Mental Health Broom to Sweep Criminal Problems: Deportation and Post Sentence Detention,” in the panel on international perspectives of the session on mental health at the Intersection of Health and Justice of the International Academy of Law and Mental Health in Sydney, Australia.

Professor Gary Spitko and Professor Lawrence W. Waggoner of Michigan Law School have published California and Uniform Trust and Estate Statutes: Selected Provisions (2004-2005 edition, West Publishing Co.). At the AALS annual conference , Professor Spitko was re-elected to the executive committee of the AALS Donative Transfers Section. He also co-authored two articles: “Arbitration and the Batson principle,” in the Georgia Law Review, and “Navigating dangerous constitutional straits: a prolegomenon on the Federal Marriage Amendment and the disenfranchisement of sexual minorities,” forthcoming in the University of Colorado Law Review.

Professor Kandis Scott has an article, “Field Note: From Deportation to Democracy: The Role of an Authentic NGO in Romania,” forthcoming in Canadian Slavonic Papers, a peer-reviewed journal. Also, George Washington International Law Review accepted her article entitled “Decollectivization and Democracy: Law Practice in Romania Today.”

Professor Al Hammond was acknowledged for his service to the California Legislature by Assemblyman Dave Cogdill on the subject of governmental and telecommunications to rural areas.

Professor Bob Peterson wrote an article on the “moot tradition” by the Gray’s Inn of the American Inns of Court. The article describes the moot process used by the Gray’s Inn and features SCU law students. The article appeared in The Bencher, the magazine of the American Inns of Court.

Professor June Carbone published a book review in 101 Michigan Law Review 1906 (2003) titled “Toward a More Communitarian Future? Fukuyama as the Fundamentalist Securlar Humanist.”

Professor Ellen Kreitzberg co-authored Understanding Capital Punishment Law, published by Lexis. She continues to direct the School of Law’s Death Penalty College, which is attended by attorneys from around the nation with death penalty cases.

Professor Dorothy Glancy continues to serve on the State of California Court Technology Advisory Committee following her appointment by Chief Justice George last year. The committee meets frequently to address a variety of technology issues faced by the California courts, including whether and on what terms there should be Internet access (remote electronic access) to court filings in extraordinary cases, such as the Petersen murder trial and the Michael Jackson prosecution. Glancy also presented a paper about “Privacy on the Open Road” at a symposium on Surveillance and Privacy at Ohio Northern University College of Law. Her article on this subject will appear in a special symposium issue of the Ohio Northern University College of Law Review, and the NBC affiliate for Northern Ohio interviewed her on the topic.

Professor Margalynne Armstrong spoke at the 23rd Annual Sparer Symposium on “Community Building, American Style: 30 Years of the Housing and Community Development Act.” The symposium was held by the University of Pennsylvania Law School in March.

Professor Beth Van Schaack participated in a symposium at Vanderbilt University Law School which commemorated the 50th anniversary of Brown v. Board of Education. She addressed the topic: “Lawyers as Activists: Achieving Social Change through Civil Litigation.” There were panels on the Brown case, education, mass tort litigation, and human rights. She presented a paper about human rights litigation as impact litigation and the limitations of using litigation to achieve social change on the human rights front.

Professor Stephen Diamond had an article, “The PetroChina Syndrome: Regulating Capital Markets in the Anti-Globalization Era,” published in the Journal of Corporation Law 29 (2003).

Scott Maurer, supervising consumer attorney at the Katharine and George Alexander Community Law Center, was a speaker at a conference sponsored by the National Consumer Law Center in Kansas City in February. The national conference was on “Fair Debt Collection Practices,” which is one of his areas of specialization.

In April, Professor Margaret Russell participated in a debate sponsored by the International Academy of Trial Lawyers on the topic of the Constitution and Terrorism. The other panelists were James Brosnahan; Professors Jesse Choper, and John Yoo (Boalt); and Alice Fisher. In addition, she has an article on the March for Women’s lives featured on the ACLU website at www.aclu.org/marchforwomen. Look for the “Why I March” Gallery on the left hand side of the page.

Professor Alan Scheflin presented a paper at the 2003 Annual Meeting of the National Organization of Bar Counsel entitled “Discipline and Death: Ethical Responsibilities of Disciplinary Counsel with Suicidal Lawyers.” In September he presented a paper entitled “Mercy and Morals: The Ethics of Nullification” at a conference on jury ethics sponsored by the John Jay College of Criminal Justice’s Institute For Criminal Justice Ethics, and he spoke on “Hypnosis and Memory: The Disconnect Between Law and Science” to the Department of Psychology of the John Jay College of Criminal Justice. Also, he delivered the Keynote Address on “Informed Consent and Risk Management in Neurotherapy” at the 11^th Annual Conference of the International Society for Neuronal Regulation. In October, 2003, he was a member of a panel, “Conflicts Between Scholarship and Advocacy,” at the American Family Foundation Conference on Understanding Cults and New Religious Movements. In that same month he presented a paper on “Hypnosis and Memory: Implications for Clinical and Forensic Practice” to the New Orleans Society for Clinical Hypnosis.

Professor Tyler Ochoa spoke on “The Litigation Year in Review” at the Copyright Office Comes to California, a program sponsored by the U.S. Copyright Office and the State Bar of California, in March. He also spoke on “Dastar Corp. v. Twentieth Century Fox Film Corp.: Source Attribution or Mutant Copyright,” at the Trademark Office Comes to California, a program sponsored by the U.S. Patent and Trademark Office and the State Bar of California, also in March. In April, Professor Ochoa spoke at the U.C. Davis School of Law on “Copyright and Peer-to-Peer File Sharing.” Also in April, Ochoa was quoted in an article in the Los Angeles Times concerning the recording industry’s lawsuits against a venture capital firm and a German multimedia firm that invested in Napster. He also spoke on “Copyright and the Internet: Stopping Piracy” at a Practicing Law Institute (PLI) seminar on Handling Intellectual Property Issues in Business Transactions, in May in San Francisco.

Legal Research and Writing (LARAW) faculty members, Patty Rauch and Natalie King, presented at the Central States Conference on the Teaching of Legal Research, Analysis, and Writing, held at Washington University School of Law in St. Louis, Missouri in September 2003. Patty presented “Using Small Groups To Improve Students’ Legal Writing.” Natalie presented two programs: “The Bluebook: An In-Class Exercise” and “Small Group Research.”

LARAW faculty member Evangeline Abriel completed several chapters in a manual entitled A Guide for Advocates Providing Services to Victims of Human Trafficking. It was prepared for the Catholic Legal Immigration Network, Inc. (CLINIC), in collaboration with the Legal Aid Foundation of Los Angeles (LAFLA) and Migration and Refugee Services (MRS), part of the U.S. Conference of Catholic Bishops. Funding for the manual was provided by the U.S. Department of Justice, Office for Victims of Crime (a grant to LAFLA), and the U.S. Department of Health and Human Services, Office of Refugee Resettlement. The manual will be made available throughout the United States to advocates providing social services and immigration representation to victims of human trafficking. In January, Abriel participated as a trainer on issues involving immigration relief under the Violence against Women Act for the Volunteer Legal Services Program of the San Francisco Bar Association. In March, she gave a presentation on immigration relief for victims of abuse and crime for the Statewide California Coalition for Battered Women in Sacramento. In April, she presented at a Family Immigration Law training given by the Immigrant Legal Resource Center in San Francisco.