Santa Clara University

Faculty Activities

The following is a partial list of the many achievements, accomplishments, and activities of Santa Clara University School of Law’s outstanding faculty. (Note: All dates are 2005 unless otherwise noted.)

Publications and Academic Engagements

Legal Analysis Research and Writing Instructor (LARAW) Evangeline Abriel served as co-director of the Loyola University New Orleans summer legal studies program in Cuernavaca, Mexico. At the Freedom Network’s national conference in Los Angeles in March, she spoke on the topic of immigration relief for victims of human trafficking.

Scholar-in-Residence Professor Kyong-Whan Ahn delivered a faculty forum, “Shakespeare and Law” at Santa Clara University, and delivered a lecture at the University of British Columbia Law School, Vancouver, in March. Emeritus Professor Howard Anawalt updated his book, IP Strategy, wrote a piece on Open Source at the invitation of the Intellectual Property Institute of Japan, presented a panels to the IP Summit, hosted by Sun Microsystems and Cisco, and taught a class as a guest at the University of Washington in Seattle.

Professor Angelo Ancheta published a book, Scientific Evidence and Equal Protection of the Law (Rutgers University Press). He presented research from his book at the Law and Society Association’s annual meeting in June. His analysis of the law of affirmative action in higher education was published this past summer as a book chapter in Higher Education and the Color Line (Harvard Educational Publishing Group).

Professor Margalynne Armstrong participated in the third annual Symposium on Economic Justice, Growing Inequality in America, held at Hastings College of Law in April. She spoke on the issue of wealth inequality and race. In September, she was a presenter at Hurricane Katrina, Lessons for the Bay Area: A Town Hall Meeting, held at the Commonwealth Club in San Francisco, addressing issues of ethics and disenfranchisement. Vinita Bali, director of the Academic Success Program, published the following articles: “Mirror, Mirror on the Wall, Who’s the Freest of Them All: A Comparison of Selected Issues Pertaining to Freedom of Religion in the USA and India” in Volume XI, Issue I of the Journal of World Constitutions, and “Righting the Inverted Pyramid: A Student-Driven, Problem-Based Approach to Teaching Law” in the Spring edition of The Learning Curve, published by the AALS. She also participated as a speaker at the national LSAC conference on “Leaps of Faith: Selecting, Training, Supervising, and Evaluating Teaching Assistants.”

June Carbone

Professor June Carbone co-authored (with Leslie J. Harris and Lee E. Teitelbaum) a casebook titled Family Law, Third Edition (Aspen 2005). She also authored a chapter titled “What Do Women Really Want? Feminism, Justice, and the Market for Intimate Relationships” in Feminism Confronts Economic Man (Martha Fineman and Terence Dougherty, editors, Cornell University Press, 2005). An article, with Paige Gottheim, “Markets, Subsidies, Regulation, and Trust: Building Ethical Understandings Into the Market for Fertility Services,” has been accepted in the Journal of Gender, Race, and Justice. She also prepared a book chapter for the Harvard Conference on the ALI Principles of Family Dissolution, “Back to the Future: The Perils and Promise of a Backward Looking Family Law Jurisprudence” (Cambridge University Press, 2006). Her conference presentations include: “The Legal Definition of Parenthood: Uncertainty at the Core of Family Identity,” Louisiana State Law Review Symposium, Baton Rouge, March 17, (printed in Louisiana State Law Review, 2005); and “Property, Intellectual Property, and the Brain,” the Gruter Institute for Law and Behavioral Research, Stanford, Calif., April 28.

Donald Chisum, Inez Mabie Professor of Law, continues to maintain and update his multi-volume treatise, Chisum on Patents, and his casebook, Principles of Patent Law (with Nard, Schwartz, Newman, and Kieff ). He presented “Constitutionalizing Patents” at the Technology and the Law Symposium at the University of Pittsburgh Law School and “Non- Obviousness and Inherency Doctrines” at the Law, Science, and Technology Conference at Stanford Law School.

LARAW Director Molly Current will serve on a joint committee of the Legal Writing Institute and the Association of Legal Writing Directors for the 2006 annual survey of legal research and writing programs.

Professor Lia Epperson published an article, “True Integration: Advancing Brown’s Goal of Educational Equity in the Wake of Grutter,” in University of Pittsburgh Law Review (67:1, 2005). Her book chapter, “The Rehnquist Court, the Resurrection of Plessy, and the Elusive Definition of ‘Societal Discrimination,’” will appear in Awakening From the Dream: Pursuing Civil Rights Under Siege and the New Struggle for Justice (Carolina Academic Press).

Professor David Friedman published a chapter titled “In Defense of Privacy” in Contemporary Debates in Applied Ethics, edited by Andrew I. Cohen and Christopher Heath Wellman (Blackwell) and another titled “Economics and Evolutionary Psychology” in Evolutionary Psychology and Economic Theory (edited by R. Koppl, published by Elseivier). During the 2004-2005 academic year, he spoke at conferences in New Zealand, at the Foresight Institute in Washington D.C., at Stanford Law School, and at George Mason University. The topics included nanotechnology, privacy, private vs. public enforcement of law, and cyberspace contracting.

Cynthia Mertens

Professor Al Hammond wrote an essay, “Universal Service: Problems, Solutions, and Responsive Policies,” which will appear in The Federal Communications Law Journal Volume 57, Issue II.

Professor Anna Han presented “Can China Achieve the Rule of Law?” at a conference at Stanford Law School in March and at a conference at SCU in April. She continues to serve as the chair of the China Law Committee of the Bar Association of San Francisco. She has been asked by the United Nations Development Program to review Vietnam’s proposed “Enterprise Law” and submit comments and revisions.

Assistant Dean Marina Hsieh was elected to another three-year term as director on the board of the national American Civil Liberties Union and continues to serve on its ten-member executive committee.

Professor Philip Jimenez spoke on the vitality of the private sector in Korea, at “Korean Law in the Wake of Globalization,” an international conference sponsored by the SCU Institute of International and Comparative Law and Samsung North America, in April. He presented a series of lectures on choice of law and enforcement of foreign judgments to members of the Tokyo Bar Association Number 2, at the Bengoshi Kaikan, Tokyo, Japan, in August.

Professor Brad Joondeph serves on SCU’s Research Committee. He has completed a working paper entitled “The Deregulatory Valence of Justice O’Connor’s Federalism,” and has participated in the Supreme Court Extra blog for the Center for American Progress.

Professor Jeffrey Kahn published an article, “Beyond The Little Dutch Boy: An Argument for Structural Change in Tax Deduction Classification,” in the Washington Law Review, and Foundation Press published the fifth edition of Federal Income Tax, a student treatise co-authored with his father, Douglas Kahn, of the University of Michigan Law School faculty. He also spoke on choice of entity at the California State Tax Bar annual income tax seminar in San Francisco. While a visiting professor at Cal Hastings, he commented on the lead article of the inaugural edition of the Hastings Business Law Journal at a law school presentation.

Tyler Ochoa (center) with two law students.

Professor Ellen Kreitzberg received a President’s Commendation from the National Association of Criminal Defense Lawyers for outstanding service in fighting for the rights of all persons in August. She was a panelist at Notre Dame deNamur discussing the application and imposition of the death penalty in California with representatives from the District Attorney’s Office and San Quentin Prison.

Professor Kenneth A. Manaster prepared and submitted biographical entries on Justices John Paul Stevens and Arthur J. Goldberg for The Encyclopedia of the Midwest (Ohio State University Press).

Professor Cynthia Mertens will present a paper (with Professor Ronald Volkmer from Creighton) on community-based legal education and immersion trips for law students at The Commitment to Justice in Jesuit Higher Education conference in October. She will also present a paper as part of a multidisciplinary team from SCU at the Carnegie Civil Engagement conference in Rhode Island in November.

Professor Michelle Oberman has recently published book chapters, “Child Rape,” co-authored with Katharine K. Baker, in The Chicago Companion to the Child (forthcoming, 2006); “Understanding Maternal Filicide,” Encyclopedia of Domestic Violence, (forthcoming, 2006); and “Mothers Who Kill Their Children: Considering Patterns, Prevention, and Intervention,” co-authored with Cheryl L. Meyer, in Abnormal Psychology in the 21st Century (ed. Thomas Plante, forthcoming). She published two articles, “Sex, Lies and the Duty to Disclose,” Arizona Law Review (forthcoming) and American Association of Law Schools panel, “The Use of Patients for Teaching Purposes Without Their Knowledge or Consent, Introduction,” Journal of Health Care Law and Policy (8:210, 2005). She has given many presentations including “13 Ways of Looking at Surrogate Motherhood,” Health Law Teachers’ Conference (Houston, Texas, June); “What Lawyers Can Learn from the Terri Schiavo Case,” (with Professor Lawrence Nelson), San Jose Inns of Court (San Jose, April); “When the Truth is not Enough: Tissue Donation, Altruism, and the Market,” DePaul Law Review Annual Symposium (Chicago, March); and “The Case for Including Pregnant Women in Clinical Trials,” guest lecture, Stanford University Human Biology Department (Feb.).

Professor Tyler Ochoa spoke at and moderated a panel, “Rights of Publicity and the First Amendment,” at the Law and Society Conference in Las Vegas. His article, “The Terminator as Eraser: How Arnold Schwarzenegger Used the Right of Publicity to Terminate Non- Defamatory Political Speech” (coauthored with Prof. David Welkowitz of Whittier Law School) appeared in Vol. 45 of the Santa Clara Law Review. During the summer, he spoke on “Recent Developments in U.S. Internet Law” for a group of students visiting Santa Clara from Seoul National University. He also spoke on “Copyright and the Digital Age: Archivists and the Internet” at a workshop sponsored by the Society of California Archivists in San Francisco. In Spring, he spoke on two panels at The Copyright Office Comes to California, a program sponsored by the U.S. Copyright Office and the Intellectual Property Section of the State Bar of California. He joined two officials from the Copyright Office in presenting “The Litigation Year in Review,” and joined several panelists in a discussion and simulated oral argument of MGM v. Grokster, a case involving peer-to-peer file sharing that was heard by the U.S. Supreme Court in March. He spoke on “Hollywood vs. the Heartland: Clean Flicks, Clear Play, and Copyright,” at the Section Education Institute sponsored by the State Bar of California.

E. Gary Spitko

Law Clinic Professor Lynette Parker formed and led a February symposium at SCU on immigration policy. The symposium attracted many leading immigration rights attorneys from the Bay Area.

Professor Robert W. Peterson presented a paper, “Shakespeare and the Law,” at the Stratford Oxford Society’s meeting in Atlanta, Ga. He also participated in “Lawyers and the Cinema,” a presentation for the Ingram Inn of Court in San Jose. He continues to serve as secretary of the insurance law subcommittee of the California State Bar Business Law Section.

Professor Mack A. Player serves on the editorial board of the Employee Rights & Employment Policy Journal. He also prepared for publication revisions to Cases and Materials on Employment Discrimination Law (third ed.).

Dean Donald Polden completed the supplement to his treatise (co-authored with Judge Mark Bennett) on employment law, and delivered a paper on federal antidiscrimination law and the Sarbanes Oxley Act at a symposium Title VII After 40 Years at the University of Memphis. The paper will be published in a symposium issue of the University of Memphis Law Review.

Professor Margaret Russell published an article, “Reopening the Emmett Till Case,” in Fordham Law Review. She also served on the board of directors of the Equal Justice Society, a non-profit legal organization based in San Francisco, and the Legal Committee of the American Civil Liberties Union of Northern California.

Professor Alan W. Scheflin prepared for publication the following book chapters: “Forensic Uses of Hypnosis,” in A.K. Hess and I.B. Weiner (editors), Handbook of Forensic Psychology, Third Edition (John Wiley & Sons); and “Mercy and Morals: The Ethics of Nullification,” in James Levine and John Kleinig, Jury Ethics: Juror Conduct and Jury Dynamics (2005). He participated in a workshop, “Forensic Hypnosis: Skills and Building a Practice,” at the 47th Annual Scientific Meeting and Workshops on Clinical Hypnosis of the American Society of Clinical Hypnosis in St. Louis, Mo. in March. He currently serves as president of the International Cultic Studies Association and participated in its July conference in Madrid, Spain. He also serves as vice-president for law of the Leadership Council on Child Abuse and Interpersonal Violence and as ethics consultant to the Center for Justice and Accountability, a non-profit group that brings lawsuits against human rights abusers. He is the forensic editor of the Journal of the American Society of Clinical Hypnosis, and he will serve as a peer reviewer for the Journal of Clinical and Experimental Hypnosis.

LARAW Professor John Schunk had an article published in The Second Draft, the bulletin of the Legal Writing Institute. The article concerned a legal writing lesson learned from Brown v. Board of Education.

Jiri Toman

Professor E. Gary Spitko prepared a new edition of California and Uniform Trust and Estate Statutes: Selected Provisions (with Professor Lawrence W. Waggoner). His article, “The Constitutional Function of Biological Paternity,” will be published in the Arizona Law Review (Spring 2006). His article, “Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities,” was published in Colorado Law Review (Summer). At the Law and Society Association’s annual meeting in Las Vegas in June, he was a panelist on “Contemporary Perspectives on Fundamental Issues in Constitutional Law and Theory.”

Lecturer Colby Springer recently authored a chapter on conversion and a second chapter on antitrust in the recently published California Unfair Competition and Business Torts Practice Guide from Matthew Bender by Rushing, Simon and Weinbach. He serves as coach for the law school’s trademark and unfair competition team, which recently won best oral advocate and won the western regional of the Saul Lefkowitz Moot Court Competition. Two Santa Clara teams competed in the national competition in Washington, D.C., and one team competed in the national final round, the highest placement one of Santa Clara’s teams has earned.

Professor Edward Steinman has made presentations including “Current Issues Before the Supreme Courts of the U.S. and California,” sponsored by the Criminal Law Society; and “What to Expect in the New U.S. Supreme Court Term,” sponsored by the Criminal Law Society and the Center for Social Justice and Public Service. He judged four moot arguments conducted at the law school by counsel in upcoming U.S. Supreme Court cases and gave speeches to several groups, including the California Food Policy Advocates, at the University of California San Diego, and Lesley University School of Education and Office of Urban Initiatives in Cambridge, Mass. He also received the Special Achievement Award from Lesley University for his contributions to bettering the education and lives of millions of non- English-speaking children.

Visiting Professor Sunwolf was a featured speaker for the State Bar of Arizona’s annual conference in July, presenting a session on “Practical Jury Dynamics and Group Decision- Making Processes Revealed.” Also in July, she was a lecturer at Harvard Law School for the National College for DUI Defense, presenting research from her LexisNexis book, Practical Jury Dynamics: From One Juror’s Trial Perceptions to the Group’s Decision- Making Processes. Her newest LexisNexis book, Jury Thinking: How Mood, Metaphor, Mind-Changing, Regret, and Religion Affect Jurors is forthcoming.

Ruth Silver Taube of the Alexander Community Law Center has been awarded the State Bar of California’s Pro Bono Award in the small firm category.

Professor Jiri Toman served as advisor for Santa Clara Law Review in preparing its symposium, “International Law in the United States Legal System,” in January. He also contributed to the Encyclopedia of Genocide and Crimes Against Humanity (edited by D. Shelton, Oct. 2004), by writing two articles, “War Crimes” and “1949 Geneva Conventions.” He participated in March at the regional Latin America seminar, The Protection of Cultural Property, organized by the Ministry of Foreign Affairs of Argentina, UNESCO and ICRC, and presented the opening statement and introductory lecture.

Professor Gerald Uelmen published a book, The Wizard’s Guide to California Evidence (Carolina Academic Press), and he completed the annual update for his two-volume collection of materials, Drug Abuse and the Law Sourcebook (West Pub. Co.). He also published his annual analysis of the work of the California Supreme Court, “Supremely Futile,” which appeared in the July issue of California Lawyer magazine. His bi-monthly columns appear in the California Criminal Defense Law Reporter and Champion, the magazine of the National Association of Criminal Defense Lawyers. He continues to serve as pro bono counsel to the Women’s Alliance for Medical Marijuana in their litigation in the federal courts. He was elected to the board of directors of Presentation Center and the board of directors of the National Association of Criminal Defense Lawyers. He authored an article entitled, “The California Attempt to Evade Blakely v. Washington” (California Criminal Defense Practice Reporter, Sept.), a critique of the June decision of the California Supreme Court in People v. Black. He was also featured in a “Frontline” segment on the 10th anniversary of the O.J. Simpson verdict, which aired on October 4 and featured some classroom segments filmed at SCU. At this year’s State Bar Convention in San Diego, he moderated a panel on the future of the California courts, featuring California Supreme Court Justices Werdegar and Moreno, Attorney General Lockyer, Dean Ken Starr of Pepperdine Law School, and Court of Appeal Justice Ronald Robie.

Professor Beth Van Schaack initiated a new International Law Practicum that prepares students for international moot court competitions. She published an article, “With All Deliberate Speed: Civil Human Rights Litigation As a Tool for Social Change,” in Vanderbilt Law Review and an article, “Darfur and the Rhetoric of Genocide” in Whittier Law Review. She has edited a book of essays, Bringing the Khmer Rouge to Justice (forthcoming from Mellon Press), and delivered a talk entitled “Justice without Borders: Civil Universal Jurisdiction,” which will be published in the American Society of International Law’s Proceedings. She presented papers at conferences sponsored by Stanford Law School, Whittier Law School, the World Affairs Council, the Red Cross, and Vanderbilt University Law School. She continues to draft and contribute to amicus briefs in the human rights field, including in cases before the U.S. Supreme Court.

Stephanie Wildman

Professor Stephanie Wildman continues to serve on the executive committee of the Association of American Law Schools. She was invited to serve on the editorial board of LSN Educator, a new journal created by the Legal Scholarship Network. She published an article, “Democracy and Social Justice: Founding Centers for Social Justice in Law Schools” in the Journal of Legal Education, and a forward, “Meeting Human Needs: Examining the Safety Net for Working America,” in Santa Clara Law Review (44).

Grants and Good News

Assistant Dean Jeanette Leach (Law School Admissions) has received $100,000 from the Law School Admission Council to support “Pre-law Undergraduate Scholars Program (PLUS), Summer.” The four-week program is designed to help college sophomores and juniors from underrepresented groups sharpen their reading, writing, logic, and reasoning skills. LSAC funding for the program now totals $300,000.

Professor Angelo Ancheta, director of the Katharine and George Alexander Community Law Center, has received a one-year IOLTA award from the State Bar of California that provides $26,742 to support the Center’s general programs. Since the Center’s founding, the State Bar has provided $205,087 in IOLTA funding. He and the Katharine and George Alexander Community Law Center have received a one-year award from Santa Clara County Social Services Agency that provides $40,866 to support “Legal Assistance for Low- Income Immigrants.” Over the past five years, the County SSA has provided $257,371 in funding for this program.

The Death Penalty College, directed by Professor Ellen Kreitzberg, was held from July 30-August 4, with 72 lawyers from 23 different states in attendance. Kreitzberg serves on an executive committee whose purpose is to design and implement training programs with a Bureau of Justice Assistance grant. Santa Clara’s Death Penalty College was identified as the model for training in capital cases and, as such, SCU was selected as the site for a “Train the Trainers” program to be held in the fall.

School of Law Academic Program Appointments

Marina Hsieh, Assistant Dean for Student Academic and Professional Development. She will provide direction for the law school’s academic success program, support the academic success of minority students, and assist all students with career preparation, readiness for the bar examination, and awareness of obligations to society and the profession. She is a graduate of Harvard University and U.C. Berkeley School of Law. She served as assistant counsel for the NAACP Legal Defense Fund and has taught on the law faculties at University of Maryland and U.C. Berkeley. She clerked for Justice John Paul Stevens of the U.S. Supreme Court.

Jenny Lynn Cox, Executive Director of the High Tech Law Institute and Assistant Dean for Intellectual Property and Technology Law Programs. She will direct the School of Law’s nationally recognized High Tech Law Institute and oversee the intellectual property and technology law courses. She previously served as vice president for legal affairs, general counsel and secretary at Kana Software Inc. and CoVia Inc., and as corporate counsel at other Silicon Valley technology companies. She practiced law with the New York law firm of Simpson, Thatcher and Bartlett and the San Francisco law firm of Brobeck, Pfleger and Harrison. She is a graduate of Columbia University Law School where she was a Harlan Fiske Stone Scholar and served on the Journal of Law and Social Problems. She serves on Columbia Law School’s Board of Visitors.

Jessica Kahn, Director of Law Externship Programs. She will oversee the high tech and civil internships, support and assist the judicial and criminal externship programs, and coordinate a new emphasis on the law school’s internship programs. She graduated from the University of Chicago School of Law and practiced law with Fenwick and West in Mountain View. Professor Mack Player, Director of the Center for Global Law and Policy. He will provide continuing leadership in the law school’s longstanding international law curriculum, programs, and activities.

Professor Tyler Ochoa, Academic Director of the High Tech Law Institute (for the 2005-06 academic year). His leadership will be essential to the success of the intellectual property law and high tech law curriculum and programs.

Professor Robert Peterson, Director of the Center for Insurance Law. The center was formed to study contemporary issues in insurance law and policy.

Visiting Professors and other Academic Appointments for 2005-06

F. Scott Kieff, Distinguished Lecturer in Intellectual Property Law. He is a member of the faculty at Washington University School of Law and a fellow at the Hoover Institution. He graduated from the University of Pennsylvania Law School, clerked for a judge on the Federal Circuit, and was an associate with Jenner & Block. He has taught law at Northwestern University and the University of Chicago, and was an Olin Fellow at Harvard University Law School. He is teaching Advanced Patents during the fall semester.

M. Stuart Madden, Visiting Professor. A Distinguished Professor of Law at Pace University, he is the author of Madden & Owen on Products Liability (West 2000), Law of Environmental and Toxic Torts (with G. Boston, West 2005), Exploring Tort Law (Cambridge 2005), and others. He has degrees from Georgetown, the University of Pennsylvania, and the London School of Economics. He will teach Torts I and II, and Products Liability.

Lynne Henderson, Visiting Professor. A professor of law at the University of Nevada-Las Vegas, she is a graduate of Stanford and served on the law review. She has taught at several law schools, including Indiana and Florida State. She will teach Torts I and II, and Constitutional Law.

Mary Szto, Visiting Professor. She has taught at Touro Law School and Pepperdine, among others. She is a graduate of Columbia Law School. She will teach Property I and II, Business Organizations, and Chinese Law. Michael Rooke-Ley, Visiting Professor. Previously a visiting professor at Seattle University, and a former faculty member at Nova Southwestern in Miami, he is a graduate of Hastings School of the Law. He recently served as co-president of SALT, and will teach Torts I and II, and Administrative Law.

Guy Pessach, Visiting Professor (spring and fall, 2006). He is an assistant professor of law at Hebrew University of Jerusalem and an affiliate fellow at the Information Society Project at Yale Law School. He earned his Doctor of Law from Hebrew University and later served as research associate to Justice Itzhak Zamir of the Israel Supreme Court. He has published widely on issues of copyright law and privacy in Israel, Canada, and the United States. He will teach courses in copyright law and advanced topics in copyright law.

William K. Black, Distinguished Researcher in Residence. He will research contemporary issues concerning insurance fraud and regulatory responses to fraud and will be associated primarily with the law school’s Center for Insurance Law and Policy. He has taught at the LBJ School of Public Affairs at the University of Texas at Austin, as a Regent’s Lecturer at U.C. Irvine, and as a distinguished scholar in residence at Claremont McKenna. He is the author of The Best Way to Rob a Bank is to Own One, a book addressing the savings and loan crisis.

Ida Bostain, Teaching Scholar. She is a graduate of the University of Colorado, where she graduated first in her class and served on the board of the Journal of International Environmental Law, and of Georgetown, where she earned an LL.M. She was an associate in Arnold & Porter’s Washington, D.C. office and was an intern in the Office of General Legal Services at the Organization of American States. She will be associated with the Center for Social Justice.

Susan Cleary Morse, Teaching Fellow. A graduate of Harvard Law School, where she served as a member and primary editor of the Harvard Law Review, she subsequently clerked for Judge Michael Boudin of the First Circuit Court of Appeals and then was a tax associate with Wilson, Sonsini, Goodrich & Rosati. She will teach two tax courses.

Sean Raft, LARAW Instructor. He graduated summa cum laude from Santa Clara’s law school in 2003 and then was an associate with the Palo Alto office of Pillsbury Winthrop before becoming general counsel for North America Equity Trust in Campbell.