Santa Clara University

faculty activities

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 2006 unless otherwise noted.)

Publications, Lectures, and Academic Engagements

Professor Angelo Ancheta presented research from his book, Scientific Evidence and Equal Protection of the Law, (Rutgers University Press), at the Law and Society Association’s Annual Meeting in June 2005. 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). He is also scheduled to present research on affirmative action law at conferences sponsored by the American Council on Education and by The Civil Rights Project at Harvard and the Boalt Hall School of Law.

Professor Margalynne Armstrong presented “The Aftermath of Hurricane Katrina: Race, Rescue, and the Moral Purpose of Government” at Santa Clara University in the fall. She is serving as director of the Center for Social Justice this semester while Professor Stephanie Wildman is on sabbatical leave.

June Carbone

Professor June Carbone will publish a chapter titled “Back to the Future: The Perils and Promise of a Backward Looking Family Law Jurisprudence” in Reconceiving the Family: Critique on the American Law Institute’s Principles of the Law of Family Dissolution (Robin Wilson, Editor) (Cambridge University Press, 2006). She recently published “Law, Politics, Religion, and the Creation of Norms for Market Transactions: A Review of The Birth of Surrogacy in Israel by D. Kelly Weisberg,” 39 Family Law Quarterly 789 (2005). Professor Stephen Diamond published a letter in the Financial Times on the nomination of Christopher Cox as chairman of the Securities and Exchange Commission. He recently advised the AFL-CIO on the Cox nomination and also advised the AFL-CIO, the Communications Workers of America, and the Chunghwa Telecom Workers Union of Taiwan during the recent $3 billion privatization of the Chunghwa Telecom Co., Ltd., Taiwan’s largest telecommunications company. He was recently interviewed by NBC 11 News and the San Jose Business Journal on the implications of the departure of four major affiliates from the AFL-CIO to form a new national labor federation, and by the San Jose Mercury News on the settlement of securities class action lawsuits against major investment banks related to the dotcom crash.

Professor Allen Hammond was a panelist at a program sponsored by the Center for Internet and Society at Stanford Law School in October 2005. The Regulatory Framework panelists offered updates and perspective on the current regulatory landscape, examining federal, state, and/or local regulatory practices as they affect local government broadband-wireless plans and projects.

Professor Kerry Macintosh gave the Barbara Aronstein Black Lecture at Columbia University School of Law in October 2005. Her talk, entitled “Illegal Beings: Human Clones and the Law,” explained how laws against reproductive cloning will discriminate against human clones and violate their equal protection rights.

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

Professor Tyler Ochoa spoke to a group of students at Boston University on “Copyright and Peer-to-Peer File Sharing” in Nov. 2005. He was a panelist on “From Hip-Hop to Oil on Canvas: Sampling, Art and Copyright” at the annual conference of the Museum Computer Network.

Kenneth Manaster

Professor Kenneth Manaster presented a paper at Fordham Law School titled “Justice Stevens, Judicial Power, and the Varieties of Environmental Litigation.” The paper was part of a two-day symposium, “The Jurisprudence of Justice Stevens,” and will be published in the Fordham Law Review.

Professor Robert Peterson gave a Dec. 2005 talk on Shakespeare and the law (to a group of property managers!), and joined in an amicus brief (with a number of other professors) in the U.S. Supreme Court (Holmes v. State of South Carolina).

Dean and Professor Donald J. Polden spoke at the Ingram Inn of Court in February on the topic of the “growing disjunction” between legal education and law practice. His recent article, “Forty Years After Title VII: Creating an Atmosphere Conducive to Diversity in the Corporate Boardroom” was published in 36 University of Memphis Law Review 63 (2005).

Professor Margaret Russell delivered the afternoon keynote address at the Southwestern Law Review Symposium on LGBT Rights and The Civil Rights Agenda in January. The topic was: “Sexual Orientation, Civil Rights, and the First Amendment.” She served as a commentator on television and radio programs on numerous Supreme Court and constitution-related issues, including the California same-sex marriage litigation and the recent vacancies on the U.S. Supreme Court. Professor Russell also contributed to the Perspective series on KQED-FM, on the topic of the reopening of the Emmett Till case and the 50th anniversary of Till’s murder.

Catherine Sandoval

Professor Catherine Sandoval has published a book chapter, “Serving the Public Interest: Broadcast News, Public Affairs Programming, and the Case for Minority Ownership,” (with Bachen and Hammond) in Media Diversity and Localism: Meanings and Metrics (Philip Napoli, ed., Lawrence Erlbaum Assoc., forthcoming). Her recent article, “Antitrust Law on the Borderland of Language and Market Definition: Is there a Separate Spanish Language Radio Market? A Case Study of the Merger of Univision and Hispanic Broadcasting Corporation,” will be published in University of San Francisco Law Review, Volume 40, Issue 2 in March.

Professor Alan Scheflin and Dean Emeritus George Alexander gave lectures on the first law alumni winter cruise. Several alumni and their families joined the cruise, which featured professional education lectures by faculty, judges, and lawyers.

Professor Kandis Scott presented a paper entitled “Imported or Indigenous NGOs: Grass Roots Civil Society” to the conference Enlivening Democracy, Building Pluralism from the Bottom in Warsaw, Poland. The conference, in Dec. 2005, was sponsored by the University of Warsaw and a research committee of the International Political Science Association. Professor Scott has been invited to teach at the Johns Hopkins-University of Nanjing Center in China during 2006-2007. She will be teaching new law courses to Chinese graduate students in a multi-disciplinary, international master’s degree program.

Professor Gary Spitko was elected chair of the AALS Section on Donative Transfers, Fiduciaries and Estate Planning. At the 2006 AALS annual meeting, he served as program chair and moderator for a panel on “Inheritance Law and the Empirical Scholar.” Professor Spitko’s article “The Constitutional Function of Biological Paternity: Evidence of the Biological Mother’s Consent to the Biological Father’s Co-Parenting of Her Child,” was published in volume 48 of Arizona Law Review. His article “Navigating Dangerous Constitutional Straits: A Prolegemonon on the Federal Marriage Amendment and the Disenfranchisement of Sexual Minorities,” was published in Colorado Law Review. In June, he was a panelist on “Contemporary Perspectives on Fundamental Issues in Constitutional Law and Theory” at the Law and Society Association’s annual meeting in Las Vegas.

Professor Stephanie Wildman spoke on “White Privilege: Implications for the Catholic University, the Church, and Theology” at the University of Notre Dame. She published “The Persistence of White Privilege,” 18 Washington University Journal of Law and Policy 245 (2005), and “Democracy and Social Justice: Founding Centers for Social Justice in Law Schools,” 55 Journal of Legal Education 252 (2005).

Professor Jiri Toman’s article, “The Hague Convention—A Decisive Step Taken by the International Community,” was published in Museum International (Dec. 2005) pages 7-31.

Stuart Madden

Visiting Professor Stuart Madden completed a revision to his co-authored text, (with Gerald W. Boston), The Law of Environmental and Toxic Torts (West 2005). A compilation of articles on tort law, Exploring Torts, for which he was editor, was published by Cambridge University Press. He authored the first chapter of the book, Tort Law Through Time and Culture: Themes of Economic Efficiency. “The Cultural Evolution of Tort Law,” appeared in the Fall 2005 issue of Arizona State Law Review and “Graeco-Roman Antecedents of Tort Law,” will be published in Brandeis Law Review (University of Louisville Law School) this spring.

LARAW Instructor Evangeline Abriel presented training on immigration relief for victims of abuse and crime in Portland, Ore., in Sept. 2005, on behalf of the Catholic Legal Immigration Network, Inc., and under funding from the U.S. Office of Refugee Resettlement. In Oct. 2005, she gave a presentation in San Francisco on inadmissibility grounds and waivers for immigrants, at a family-based immigration training sponsored by the Immigrant Legal Resource Center. She spoke on two panels at the annual National Network to End Violence Against Immigrant Women conference in Irvine in Nov. 2005. Her presentations concerned motions to reopen removal proceedings and inadmissibility grounds and waivers for immigrant victims of domestic abuse.

LARAW Instructor Yvonne Ekern has published (with Joanne Banker Hames) the following texts: Constitutional Law: Principles and Practice (West Legal Studies, 2005); Legal Research, Analysis, and Writing: An Integrated Approach (Prentice Hall, 2006—second edition) and Introduction to Law (Prentice Hall, 2006—third edition)

LARAW Instructor Michael Jones created, selected, and instructed three teams of students who participated in the ABA West Regional Negotiation Competition in San Diego. The team competed against Hastings, University of the Pacific, University of San Diego, U.C. Davis, and other West Coast schools, and finished with two teams in the top ten (7th and 8th places). He also was one of three panel members (with Rebecca Jones and Sean Raft) who made a presentation for the Honors Moot Court Board and the Honors Moot Court participants covering the issue of persuasive and effective brief writing.

LARAW Instructors Karen Markus and Karin Carter addressed undergraduate English students at SCU on the topic of writing to specific audiences in January. Markus will present a session on “Understanding Learning Differences in Law Students” at the biennial Legal Writing Institute conference in June 2006 and will publish a chapter on legal issues in Current Issues in Nursing, 7th ed., a master’s-level nursing textbook (forthcoming).

Lecturer Wil Burns published “Potential Causes of Action for Climate Change Damages in International Fora: The Law of the Sea Convention,” McGill International Journal of Sustainable Development Law (2006); “The Impacts of Globalization on Biodiversity,” Encyclopedia of Globalization; “Trade Liberalization and Global Environmental Governance: The Potential for Conflict”(with lead author Kate O’Neill), Handbook of Environmental Politics (Edward Elgar, 2005); “The Potential Implications of Climate Change for the Coastal Resources of Pacific Island Developing Countries and Potential Legal and Policy Responses,” Harvard Asia-Pacific Review (2005); and “Introduction to Special Issue on the Precautionary Principle and its Operationalisation in International Environmental Regimes and Domestic Policymaking,” International Journal of Global Environmental Issues (2005). His recent presentations are “International Climate Change Litigation” at the Legal Studies Program, University of Delaware; “The Future of the International Whaling Commission in the 21st Century: Leviathan or Laggard?” at the Graduate Marine Program, University of Delaware; and “Potential Causes of Action for Climate Change Damages in International Fora: The Law of the Sea Convention” at the International Law Association Law Weekend in New York City.

Grants and Good News

Professor Angelo Ancheta and the staff of the Katharine and George Alexander Community Law Center received a new award from the State Bar of California that provides $19,304 to support the Center’s “Workers’ Rights Project.” This project targets its activities to meet the needs of low-wage workers, composed largely of limited-English-speaking immigrants, who require assistance in obtaining information, advice, and legal representation for problems involving unpaid wages, conditions of employment, and illegal discrimination on the job. Immigrant workers are particularly vulnerable to deprivations of workplace rights, and are often ill equipped to address these problems through the legal system. The goals of the Project are to provide representative information on workers’ rights and to offer legal advice and representation to individuals who require assistance for problems that have already risen at their work sites.

Faculty and Staff News

Donna Terman has accepted an offer to join the law school as Senior Assistant Dean for Administration. Dean Terman is a graduate (with highest distinction, Phi Beta Kappa) from Purdue University and from Stanford University’s law school. For eleven years, she served as executive director of the Walter S. Johnson Foundation and, later, for six years, as issue editor and policy analyst for the Future of Children project at the David and Lucile Packard Foundation. She also served as trust administrator for the William R. Hewlett Revocable Trust and as a consultant for several area private and family foundations. The executive director and president of the Packard Foundation described Dean Terman as an extremely competent administrator with very good interpersonal skills and a proven ability to complete complicated projects in a timely manner.

Edwin Arevalo has been promoted to the position of Director, Faculty Support Services, for the School of Law.

Lenore Edman, the new Administrative Associate in the Law Alumni Center, brings with her several years of administrative experience in a university setting, most recently as graduate coordinator, Department of Mechanical Engineering, University of Colorado at Boulder. She earned her B.A. in Interdisciplinary Studies: English and Greek from Concordia University.

Susan Moore is the new Assistant Director, Alumni Relations and Annual Giving. She moves to the law school from the Department of Education where she has been responsible for coordinating a variety of activities. Earlier, she worked for several years in University Relations, serving as associate director of special gifts, associate director of annual and special gifts, and director of class campaigns. She holds a B.S. in Sociology from Santa Clara University.