Santa Clara University

Faculty Activities

The School of Law faculty continue to contribute to the legal education of their students and to national and local law reform efforts, and to participate in national, state, and local organizations. The following is a partial list of the many achievements, accomplishments, and activities of the law school’s outstanding faculty. (Note: All dates are 2005 unless otherwise noted.)

Appointments

Assistant Dean for Development John Baldwin was chosen as chair-elect for the Section on Institutional Advancement at the annual meeting of the Association of American Law Schools. He will serve as program chair for the 2006 section meeting in New Orleans, at which time he will assume the duties of section chair.

Kathleen “Cookie” Ridolfi

Visiting Professor Marina Hsieh was re-elected to a fourth term on the 10-person executive committee of the national American Civil Liberties Union (ACLU). She has served on that committee and the governing Board since 1997.

Dean Donald J. Polden was asked by U.S. Congressman Mike Honda and Comptroller Steve Westley to serve on a selection committee for the Task Force on Nanotechnology. The task force will work to ensure California’s and the Silicon Valley’s prominence as the world’s leading technology development region.

In September, Professor Kathleen “Cookie” Ridolfi, director of the Northern California Innocence Project at the School of Law, was elected the first chair of the board of the National Innocence Network. In December, Ridolfi was appointed to serve on the newly created California Senate Commission on the Fair Administration of Justice. The Commission is charged with examining the administration of criminal justice in California, exploring the causes of wrongful convictions in the state and drafting proposals for needed reforms.

Gerald Uelmen

Professor Gerald Uelmen was elected to the board of directors of the National Association of Criminal Defense Lawyers.

Professor Stephanie Wildman was elected to the executive committee of the Association of American Law Schools (AALS), the learned society for American legal education. She also was selected as chair-elect of the Section on Women in Legal Education of the AALS.

Senior Assistant Dean Julia Yaffee was appointed to the National Association for Law Placement’s research advisory council and she serves on the Law School Admission Council’s test development and research committee. She also continues as foreperson of the San Mateo County Civil Grand Jury. Further, she has been appointed to another term on the pre-law committee of the Section of Legal Education and Admission to the Bar.

Grants and Good News

The Association of American Law Schools has expressed its deep appreciation to Professor Dorothy Glancy for her work on the 2004 mid-year meeting in Portland, Ore., and to Professor June Carbone for her work on the Conference on Teaching Property Law for the 21st Century.

Professor Al Hammond received a grant from the SCU Center for Science, Technology, and Society to support his research on the topic of “The Public Interest in Internet Protocol Networks.”

The Law School Admission Council has expressed its appreciation and gratitude to Assistant Dean Jeanette Leach for her presentation at, and participation in, its 2004 annual meeting. She presented the topic of “Recruiting a Diverse Class.”

Professor Cynthia Mertens announced the following awards for the Katharine and George Alexander Community Law Center: $27,927 from the city of San Jose and $22,423 from the State Bar of California to support the center’s general programs. Since the center’s founding, the city of San Jose has provided a total of $253,781 in funding for general program expenses. The state bar has provided $178,345 in interest on lawyers’ trust accounts. Both the city and the state bar also provide separate funding for individual center programs of special interest to them. She also announced a continuation award from the County of Santa Clara that provides $48,737 to support “Unmet Legal Services.” This is the fourth year the Center has received funding for this project. Funding received to date from the County for this project totals $292,086.

At the Association of American Law Schools (AALS) Conference on Clinical Legal Education in San Diego in May 2004, there was a performance of “Barred From Life,” a dance performance telling the story of victims of wrongful conviction and their subsequent exoneration. “Barred From Life” was created by David J. Popalisky, director of the dance program at Santa Clara University, and Professor Kathleen “Cookie” Ridolfi. The dance piece has also been performed in San Francisco, Milwaukee, and Chicago. A performance is scheduled in April in Santa Cruz.

David J. Popalisky (right), director of the dance program at Santa Clara University, rehearses “Barred From Life,” a dance piece telling the story of victims of wrongful conviction and their subsequent exoneration. Popalisky co-created the piece with Professor Kathleen “Cookie” Ridolfi (left), director of the Northern California Innocence Project at the School of Law.

At the annual meeting of the AALS in January in San Francisco, the Clinical Legal Education Association (CLEA) awarded a special Creative Writing Contest Award in the performing arts to Kathleen “Cookie” Ridolfi and David Popalisky for “Barred From Life.” According to the society, the dance piece addresses important legal and humanitarian issues, demonstrates the type of creative talent that clinical teachers bring to their lawyering and teaching, and exemplifies inter- disciplinary collaboration.

Professor Kathleen “Cookie” Ridolfi and the Northern California Innocence Project (NCIP) at the School of Law received a two-year, $20,000 award from the Marin Community Foundation to support the Innocence Project. This is a technical assistance grant to assist NCIP with strategic planning around fund development issues.

Professor Alan Scheflin received the Herbert L. Rosedale Award from the American Family Foundation for his leadership in efforts to preserve and protect individual freedom.

Professor Ed Steinman received the Special Achievement Award from Lesley University for “three decades of contribution to bettering the education and lives of millions of non-English-speaking and limited-English-speaking children.”

Professor Stephanie Wildman completed a project funded by a grant from the Ford Foundation. In completion of the grant, she prepared and submitted a significant report, titled “Teaching Race and Justice at the High School Level” describing how social justice issues can be taught in high schools.

Publications and Academic Engagements

Legal Analysis Research and Writing Instructor (LARAW) Evangeline Abriel spoke at the American Immigration Lawyers Association (AILA) California Chapters Conference in San Francisco on Nov. 12, 2004. Her presentation concerned two forms of relief for immigrant victims of abuse and crime—cancellation of removal and U visa interim relief. The materials for the presentation, co-written by Abriel and entitled “Immigration Relief for Victims of Abuse and Trafficking: T Visas, VAWA Cancellation, and U Interim Relief,” were published in the 17th Annual AILA California Chapters Conference Handbook. Her short article, “Current Issues in Reinstatement of Removal,” was published in the December 2004 issue of the Bender’s Immigration Bulletin. In July 2004, Abriel participated in training at the Los Angeles Violence Against Women Act (VAWA) Network on inadmissibility grounds and waivers for persons seeking immigration relief as a result of domestic abuse. On Sept. 7, 2004, she presented training on the same subject for the San Francisco Bar Association’s Pro Bono Services Program. In addition, Abriel updated eight chapters in The VAWA Manual: Immigration Relief for Victims of Abuse and Crime. Abriel wrote the original chapters in 2002, under a grant from the California Endowment to the Immigrant Legal Resource Center and the Catholic Legal Immigration Network, Inc. She also continues to write a regular column, the “Question Corner,” for the Catholic Legal Immigration News, a monthly publication.

At the January 2005 meeting of the Association of American Law Schools, Professor June Carbone delivered a presentation on assisted reproduction, parentage, and inheritance in the 21st century at a meeting of the Section on Donative Transfers, Fiduciaries, and Estate Planning. She delivered another presentation on the future of socio-economics.

Professor Don Chisum served as a panelist on “Federal Circuit Decision Making; Predictable or Unpredictable?” at the annual meeting of the American Intellectual Property Law Association, held in Washington, D.C., in October 2004. He spoke on “Patents System Review” at the board of directors meeting for the Interamerican Association of Industrial Property held in Santo Domingo, Dominican Republic in November 2004. He gave a talk on “Transnational Impact of United States Patent Law” for the Berlin Chapter of the German Association for the Protection of Industrial Property and Copyright Law, held in Berlin, Germany, in June 2004. Professor Tyler Ochoa delivered a presentation on forensic history and historians as experts at a meeting of the Section on Legal Education.

In the height of the national buzz concerning the Google initial public offering, Professor Steve Diamond was quoted by the San Jose Mercury News and interviewed on ABC News.

LARAW Professor Yvonne Ekern co-authored a textbook titled Constitutional Law: Principles and Practice, published by Thomson-West Legal Studies.

Professor David Friedman gave a presentation on private vs. public enforcement of law at a Santa Clara University forum sponsored by the Civil Society Institute in January.

Professor Dorothy Glancy presented a paper in summer 2004 on “Human Ownership” at the AALS mid-year meeting, Property Law Teachers Conference, in Portland, Ore. She also presented a discussion of the law of cloning at a conference at Jackson Hole Wyo. She also participated at meetings of the California Court Technology Advisory Committee, to which she was appointed by Chief Justice Ronald M. George. She served as the facilitator for the portion of the meeting on the future applications of technology in California courts. The goal of the meeting was to encourage interaction between committee members and the California Courts’ private sector partners—Cisco, Deliott, Siemens, SBC, and Bearing Point. She continues her work on the technology awards for technologies benefiting humanity through the environment for the SCU Center for Science, Technology and Society. In fall 2004, she served as the organizer and moderator of the IP Week program on the EU Personal Data Protection Directive and Privacy. Her article, “Privacy on the Open Road” was published in Ohio Northern University Law Review (2004). In January, she moderated a session for the Administrative Office of the California Courts’ program on Court Technology for California judges and court administrators. She made a presentation on “Digital Licensing: Digital Commons, Open Source and Viral Licensing” for the Santa Clara Computer and High Technology Law Journal symposium, “Rules and Border” in February.

Bradley Joondeph

Professor Bradley Joondeph has had the following articles published recently: “‘Generally Applicable Law and Congress’ Power to Regulate State Taxation,” 35 State Tax Notes 155 (2005); “Rethinking the Role of the Dormant Commerce Clause in State Tax Jurisdiction,” 24 Virginia Tax Review 109 (2004); “State and Local Tax at the Supreme Court: A Case of Constitutional Neglect?,” 33 State Tax Notes 869 (2004); and “Rethinking Commerce Clause Nexus,” 31 State Tax Notes 1001 (2004).

Professor Ellen Kreitzberg appeared on the CBS network news on Nov. 13, 2004, as an expert in the penalty phase of the Peterson trial.

Professor Kerry MacIntosh’s most recent book, Human Cloning and Legal Rights, will be published by Cambridge University Press in June.

LARAW Instructor Karen Markus recently completed a chapter on legal issues for a master’s level nursing textbook, Current Issues in Nursing, 7th ed.

Professor Tyler Ochoa’s article, “Copyright, Derivative Works and Fixation: Is Galoob a Mirage, or Does the Form(Gen) of the Alleged Derivative Work Matter?,” was published in summer 2004 in the Santa Clara Computer & High Tech Law Journal. The article addresses the question of whether a derivative work must be “fixed in a tangible medium of expression” in order to be infringing. In August 2004, Ochoa presented “An Overview of U.S. Intellectual Property Law” to students from the Chinese University of Hong Kong visiting the Bay Area; and he presented “An Overview of U.S. Copyright Law” to the faculty of Valley Christian High School in Phoenix, Ariz. In July 2004, he presented a talk entitled “Remembrance of Wrongs Past: Retribution, Repose, and Statutes of Limitation” at the 12th triennial conference of the International Society for the Study of Time, held at Clare College in Cambridge, England. Ochoa also made a significant contribution to a moribund area of law. On Sept. 9, Gov. Schwarzenegger signed into law A.B. 1493, a bill that makes sexual contact with a corpse a felony in California. The legislative history of the bill quotes extensively from Professor Ochoa’s article “Defiling the Dead: Necrophilia and the Law,” 18 Whittier L. Rev. 539 (1997) (with Christine Newman Jones), which advocated passage of a similar law. He was quoted in a Reuters article concerning the bill; the article was published in the New York Times on Sept. 11, 2004. Ochoa was also quoted in the Boston Globe concerning Arnold Schwarzenegger’s lawsuit (now settled) against the manufacturer of a Schwarzenegger bobble-head doll.

Professor Robert Peterson delivered a paper on “The Bard and the Bench” to the Shakespeare Oxford Society in Atlanta, Georgia.

Visiting Professor Russell Powell published two law review articles. The first, “Beyond Lane: Who is protected by the Americans with Disabilities Act, Who Should Be?,” will be published by the Denver University Law Review. The second, “Toward Reconciliation in the Middle East: A Framework for Christian-Muslim Dialogue Using Natural Law Tradition,” will be published by the Loyola University Chicago International Law Review.

In January, Professor Kathleen “Cookie” Ridolfi addressed the Santa Clara County Bench/Bar/Media/ Police Committee on the work of the Northern California Innocence Project and received recognition from the Santa Clara County Court for the accomplishments of the project.

Margaret Russell

Professor Margaret Russell participated in a panel discussion on the topic of “Re-Trying Racial Injustices” at a Fordham University Law Review conference on Critical Race Lawyering in November 2004. In May 2004, she participated in a discussion on public radio on the topic of “Same-Sex Marriage—Legal and Political Dimensions.” She was interviewed along with San Francisco Mayor Gavin Newsom B.A. ’89 and Assemblyman Mark Leno. She spoke at NASA in Mountain View, CA, in February on “The 40th Anniversary of the Civil Rights Act of 1964.” In January she served on a panel discussing “Progressivism and Legal Scholarship” at the Society of American Law Teachers / Equal Justice Society. She also served on a panel in August 2004 on “Feminism and Activism for the Friedman First Amendment Project”; and on a panel discussing “Same-Sex Marriage Litigation” for the Equal Justice Society in September 2004. In October 2004, she gave a speech on “Women’s Rights and Title VII of the Civil Rights Act of 1964” to the American Association of University Women. In November 2004, she served on a panel, “The Reopening of the Emmett Till Case” at Fordham Law School, Stein Center for Law & Ethics. In February 2004, she spoke at Southwestern Law School, on the subject of “Civil Rights, Sexual Orientation, and the First Amendment.” In March, she delivered the keynote address at the Annual Banquet of the Asian-American Bar Association of the Bay Area. In April, she will speak about “Diversity and Sexual Orientation” at the University of Nebraska (Lincoln), as a part of the 8th Circuit ABA Diversity Day. Professor Russell also published two articles: “The Reopening of the Emmett Till Case,” in the Fordham Law Review (forthcoming in April); and “Civil Rights, Sexual Orientation, and the First Amendment,” in the Southwestern Law Review (forthcoming in April).

LARAW Instructor John Schunk published an article titled “Reviewing Student Papers: Should the ‘Broken Windows’ Theory Apply?” in 13 Perspectives: Teaching Legal Research and Writing, pg. 1-4 (Fall 2004).

In November 2004, Professor Kandis Scott made the first of four presentations on evidence issues to the Santa Clara Juvenile Defenders. She also spoke to the Returned Peace Corps Volunteers about Romania.

Professor Gary Spitko’s article “Navigating Dangerous Constitutional Straits: A Prolegomenon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities” (co-written with Ronald Krotoszynski Jr.) has been accepted for publication in the Colorado Law Review (Spring 2005). Professor Spitko also has authored an article titled “From Queer to Paternity: How Primary Gay Fathers Are Changing Fatherhood and Gay Identity,” which will be published in a symposium on sexual orientation and the law in the Saint Louis University Public Law Journal (Winter 2005).

Professor Ed Steinman spoke on “The Effect of Policy Changes on Low-Income Californians,” at a conference sponsored by California Food Policy Advocates, in San Francisco, on Aug. 4, 2004. He spoke on “Balancing Civil Liberties and Homeland Security” at a symposium sponsored by the League of Women Voters of Santa Clara County, at West Valley College in Saratoga on Sept. 9, 2004. Steinman also gave the keynote address on “Connecting Language Diversity with Academic Learning,” at the Lau v. Nichols 30th Anniversary Symposium sponsored by the Leslie University School of Education and Office of Urban Initiatives, in Cambridge, Mass., on Oct. 29, 2004. He spoke on “Affirmative Action and Equal Educational Opportunity,” at a symposium on Current Civil Rights Issues sponsored by the Harvard University School of Education, in Cambridge, Mass., on Oct. 30, 2004. He delivered the keynote address on “The Legal Basis of Equity Through Access for English Learners,” at the 6th Annual Accountability Institute for English Learners and Immigrant Students, sponsored by the California Department of Education Language Policy and Leadership Office, in Sacramento, on Nov. 14, 2004. He spoke on “More Effectively Using Sociological Research in Civil Rights Cases” at a conference sponsored by the University of California, San Diego, School of Education, in San Diego, on Jan. 26. Steinman was also quoted in six articles in Bay Area newspapers and was a member of the panel discussion on the desegregation film “With All Deliberate Speed,” which was the cover story of the Los Angeles Daily Journal on May 17, 2004.

Beth Van Schaak

In February 2005, Professor Beth Van Schaack moderated a panel discussion on torture and war at International Law Weekend sponsored by the Whittier Law School Center for International and Comparative Law. Her article, “With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change,” will be published in Vanderbilt Law Review Spring 2005 issue. She also is editing a book on Accountability for the Khmer Rouge, to be published by Mellen Press this year.

Professor Gerald Uelmen spoke at the annual convention of the National Association of Criminal Defense Lawyers about the decisions in the most recent term of the U.S. Supreme Court. He presented a paper on “Catholic Jurors and the Death Penalty” at Fordham Law School in October 2004. The paper will be published in The Catholic Lawyer this spring. His short piece on “Mooting Appeals” appeared in California Lawyer Magazine in March, and his annual review of the work of the California Supreme Court will appear in June. Uelmen is a regular columnist on recent developments in criminal practice for both the California Criminal Defense Reporter and Champion, the magazine of the National Association of Criminal Defense Lawyers.

Professor Stephanie Wildman participated in a conference held at Washington University in October 2004 on “Whiteness: Some Critical Perspectives,” where she discussed “the persistence of white privilege.” She published an article, “Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection Of The Laws,” in 13 Temple Political and Civil Rights Law Review. 709 (2004). She spoke at the Fall Society of American Law Teachers Teaching Conference, “Class in the Classroom,” on a panel entitled “What is Class?”

New and Visiting Faculty

Kyong-Whan “Kenny” Ahn

Kyong-Whan “Kenny” Ahn ’85 returned to the School of Law this spring as a distinguished visiting professor. On leave from his position as dean and professor at the Faculty of Law at Seoul National University, Ahn is teaching a seminar in Comparative Constitutional Law, drawing on his depth of knowledge and extensive publications on constitutional law issues. Ahn also will spend the summer at SCU completing research for two new publications.

In addition to his SCU law degree, Ahn earned his LL.B. from Seoul National University in 1970 and his master of laws degree from the University of Pennsylvania Law School in 1982. He practiced law in California for a few years after graduation from SCU, before returning to Seoul National University as an administrator. A prolific scholar, Ahn is the author of 21 books and more than 100 articles on constitutional law, Anglo-American law, law and literature, and jurisprudence. Ahn has also been a visiting scholar at the London School of Economics and a visiting professor of law at Southern Illinois University Law School.

Ahn has been a friend, supporter, and professor to the many SCU students who have participated in the summer law studies program in Seoul, South Korea, sponsored by the Institute of International and Comparative Law at the School of Law. “Our students [in the Seoul summer overseas program] have an enriched experience in the program due to Kenny’s support and input,” says Professor Philip Jimenez, who founded the Seoul summer abroad program and who remains actively involved with the program. Seoul National University is generally regarded as the most prestigious university in Seoul.

Elizabeth Powers B.S. ’80, J.D./MBA ’89, returns to the law school as assistant dean, Institute for International and Comparative Law. She served as assistant dean, law and technology, at the law school from 2001-03.

Powers’ extensive legal experience includes seven years as a patent attorney, prosecuting primarily software, medical device, and biotechnology patents. She has worked in private practice as patent attorney at Lahive & Cockfield (Boston, Mass.), Fenwick & West (Palo Alto), and Weil, Gotshal & Manges (Menlo Park). She also served as in-house patent attorney at the international pharmaceutical company, Bayer Corporation.

Following her work in patent prosecution, she focused on licensing and technology transactions, including private practice at Venture Law Group, Latham & Watkins, and served as general counsel at a start-up medical device company.

Departing Faculty

Alexa Horne, assistant dean for High Tech Programs and director of the High Tech Institute, left the law school in February to return to the practice of law with the firm of Dorsey and Whitney. “Alexa has been a marvelous administrator, a thoughtful leader of the law school’s intellectual property programs, and a wonderful colleague. Under her leadership, the High Tech Institute continues to be a leader in American legal education technology and intellectual property programs, and the leading educator for technology and intellectual property lawyers in Silicon Valley,” says Dean Donald J. Polden.

Jessica Kahn, an associate in the High Tech Institute, has agreed to serve as interim assistant dean while a national search is conducted by the law school. Kahn graduated from the University of Chicago Law School with honors, and practiced law in the tax department at Fenwick and West LLP in its Silicon Valley office prior to joining the staff of the institute.