Faculty Scholarship

2020

• Professor Bernard James, "Restorative Justice Liability: School Discipline Reform and Right to Safe Schools" -- University of Memphis Law Review (forthcoming)
• Professor Robert Anderson, "Path Dependence, Information, and Contracting in Business Law and Economics" -- Wisconsin Law Review (forthcoming)
• Professor Peter Wendel, "Testamentary Transfers and the Intent versus Formalities Debate" -- Kansas Law Review (forthcoming)
• Professor Jeffrey R. Baker and Graziadio Business School Professors Nancy Dodd, Stephen Rapier, and Doreen Shanahan, "Too Big to Care: Promoting Ethics When Ethics Are Not Profitable" (forthcoming)
• Professor Trey Childress, "Forum Non Conveniens in the Fourth Restatement" -- The Restatement and Beyond
• Professor Jeffrey Baker, "Creating Blueprints for Law School Responses to Natural Disasters" -- The Cambridge Handbook of Disaster Law (forthcoming 2021)
• Professor Robert Pushaw, "Comparing Literary and Biblical Hermeneutics to Constitutional and Statutory Interpretation" -- Pepperdine Law Review
• Professor Robert Pushaw, "Enforcing Principled Constitutional Limits on Federal Power" -- William and Mary Law Review
• Professor Christine Goodman, "Clearing the Bench: Using Mandatory Retirement to Promote Gender Parity in the U.S. and EU Judiciaries" -- Tulane Law Review (forthcoming)
• Professor Maureen Weston, "Buying Secrecy: Non-Disclosure Agreements, Arbitration, and Professional Ethics in the #MeToo Era" -- University of Illinois Law Review (forthcoming)
• Professor Richard Cupp, "Considering the Private Animal and Damages" - Washington University Law Review (Forthcoming 2021)
• Professor Sukhsimranjit Singh, "Access to Justice and Dispute Resolution Across Cultures" — Fordham Law Review (forthcoming)
• Professor Jeffrey R. Baker, "Zero-Tolerance: The Trump Administration's Human Rights Violations" -- Drexel Law Review (Forthcoming 2020-2021)
• Professor Sukhsimranjit Singh, "Working with Corporate Culture: Best Practices for Attorneys in Business," Willamette Law Review (Forthcoming 2020)

2019

• Professor Trey Childress, "Questioning the Constitutional Rights of Foreign Nations" — Fordham Law Review Online
• Professor Tanya Cooper, "#SororityToo" — Michigan State Law Review (forthcoming)
• Professor Kris Knaplund, "Are Assisted Reproduction Children Included in Your Dynasty Trust?" -- Los Angeles Daily Journal
• Professor Harry M. Caldwell, "The Art and Science of Voir Dire" — Oregon Law Review (forthcoming)
• Professor Barry McDonald, "Eviscerating a Healthy Church-State Separation" — Washington University Law Review
• Professor Christine Goodman, "AI/Esq.: Impacts of Artificial Intelligence in Lawyer-Client Relationships" — Oklahoma Law Review
• Professor Shelley Saxer, "Contemporary Property 5th Edition" — West Academic
• Professor Robert Anderson Article, "A Property Theory of Corporate Law," Featured in Columbia Law School Blue Sky Blog
• Professor Derek Muller, "Politics as Usual" — Public Discourse
• Professor Michael Helfand, "This Orthodox Family And Their Yeshiva Are In A Legal Battle Over Vaccines" — The Forward
• Professor James McGoldrick, "Why Does Justice Thomas Hate the Commerce Clause?" — Loyola Law Review, New Orleans (forthcoming)
• Professor Maureen Weston, "Can a Sports Sanction Constitute an Illegal Work Restriction?" — LawInSport Magazine
• Professor Chris Goodman, "Evidence: The California Code and the Federal Rules, A Problem Approach, Seventh Edition" – West Academic Publishing
• Professor Victoria Schwartz, "The Celebrity Stock Market" — UC Davis Law Review
• Professor Chris Goodman, "Class in the Classroom: Poverty, Policies, and Practices Impeding Education" — Journal of Gender, Social Policy and the Law
• Professor Derek Muller, "Nonjudicial Solutions to Partisan Gerrymandering" — Howard Law Journal (forthcoming)
• Professor Michael Helfand, "A Day of Rest May Get A Day in Court" — Wall Street Journal
• Professor James McGoldrick, "The Dormant Commerce Clause: The Origin Story and the 'Considerable Uncertainties' – 1824 to 1945" — Creighton Law Review (forthcoming)
• Professor Jeff Baker, "In Times of Chaos: Creating Blueprints for Law School Responses to Natural Disasters" — Louisiana Law Review (forthcoming)
• Professor Michael Helfand, Testimony and Legal Representation in Beth Din
• Professor Michael Helfand, "The Case Against Yeshivas and the Future of Religious Liberty" — Tablet Magazine
• Professor Harry M. Caldwell, "Hit the Ground Running" — Suffolk Journal of Trial and Appellate Advocacy (forthcoming)
• Professor Robert Anderson, "Boiling Down Boilerplate in M&A Agreements" — Duke Law Journal Online
• Professor Michael Helfand, "Jews and the Culture Wars" — San Diego Law Review (forthcoming)
• Professor Michael Helfand, "From Doctrine to Devotion: The Jewish Comparative Law Project" (forthcoming)

2018

• Professor Michael Helfand Publishes "Implied Consent Religious Institutionalism"
• Professor Sukhsimranjit Singh, "Best Practices for Mediating Religious Conflicts" — ABA Dispute Resolution Magazine
• Professor Jeff Baker, "The Unmaking of Video Symphony" — The CASE Journal
• New Straus Book Release – Persuasion: The Hidden Forces That Influence Negotiations
• Professor Derek Muller, "Cyber Interference in Elections and Federal Agency Action" — Harvard Law Review Blog
• Professors Jack Coe and Trey Childress Publish Private International Law and Arbitration
• Professor Barry McDonald, "Should the Supreme Court Matter So Much?" — New York Times
• Professor James McGoldrick, "The Commerce Clause, The Preposition, and the Rational Basis Test" — University of Massachusetts Law Review (forthcoming)
• Professor James McGoldrick, "The Rational Basis Test and Why it is so Irrational" — San Diego Law Review (forthcoming)
• Professor James McGoldrick, "Two Shades of Brown: The Failure of Desegregation in America" — Cardozo Journal of Equal Rights and Social Justice
• Professor Michael Helfand, "When Judges are Theologians" — Research Handbook on Law and Religion
• Professor Robert Pushaw, "Ulysses S. Grant and the Lost Opportunity for Racial Justice," Published in Constitutional Commentary
• Professor Kristine Knaplund, "Women and Wills: An Empirical Analysis of the Married Women's Property Act" — Rutgers Law Record
• Professor Douglas Kmiec, "Catholic Church must rethink all-male priesthood" — San Francisco Chronicle
• Law Professors' Scholarly Work Leads to Appointments in Washington, DC
• Barry McDonald, "The 14th Amendment, Kennedy and Kavanaugh: What's Next?" — National Law Journal
• Douglas Kmiec, "After Helsinki, can the president be put on administrative leave?" — The Hill
• Derek Muller Authors Federal Clerkship Report of Recent Graduates, 2018 Edition
• Derek Muller, "The Democracy Ratchet" — Indiana Law Journal (forthcoming)
• Tanya Cooper Receives Pepperdine Research Grants and Oxford Fellowship
• Doug Kmiec, "Seeking a successor to Justice Kennedy's complex legacy" — Asia Pacific Daily
• Derek Muller Authors Amicus Brief in 10th Circuit Case, Baca v. Colorado Department of State
• Barry McDonald, "A Hellerstedt Tale: There and Back Again?" — University of Cincinnati Law Review
• Derek Muller, "A Future Justice Kavanaugh and Executive Privilege" — Law and Liberty
• Maureen Weston, Arbitration: Law, Policy, and Practice — Carolina Academic Press
• Khrista McCarden Publishes "Till Offshore Do Us Part" — St. Louis University Law Journal
• Barry McDonald, "Actually the baker in the Supreme Court Masterpiece ruling lost" — USA Today
• Chris Goodman Publishes "Shadowing the Bar: Attorneys' Own Implicit Bias" — Berkeley La Raza Law Journal
• Harry Caldwell, "Avoiding the Wrecking Ball of a Disastrous Cross Examination" — South Carolina Law Review (forthcoming)
• Naomi Goodno Publishes "A Carrot or a Stick?" – University of Pennsylvania Journal of International Law
• Shelley Saxer Publishes "Social-Ecological Resilience and Sustainability"
• Chris Goodman, "Nevertheless She Persisted" — William and Mary Journal of Women and the Law
• Michael Helfand, "Reasoning Through Clashes between Religion and Equality" — Constitutional Commentary (forthcoming)
• Maureen Weston, "The International Right to Sport for People with Disabilities" — Marquette Sports Law Review
• Michael Helfand, "The Future of Religious Arbitration in the United States" — Oxford Legal Handbook (forthcoming)
• Babette Boliek on "Policy and Predictions in an Era of Rapid Technological Change" — University of Colorado Law
• David Han, "Middle-Value Speech" and "Terrorist Advocacy and Exceptional Circumstances"
• Barry McDonald, "Same-Sex Wedding Cakes: Why Hybrid Rights Paradigm Is Best Way Out of Thicket" — National Law Journal
• Rick Cupp, "Cognitively Impaired Humans, Intelligent Animals, and Legal Personhood" — Florida Law Review
• Derek Muller, "Legal Quandaries in the Alabama Senate Election" — Alabama Law Review (forthcoming)