News & Events: Faculty Scholarship Highlights, October 2017 to February 2018

An update of the scholarly activities of GGU Law faculty through February 2017.

Faculty Scholarship Highlights, October 2017 to February 2018


Jennifer Babcock's book review of Typography for Lawyers by Matthew Butterick (O'Connor's 2015) is forthcoming in Volume 15, Legal Communication & Rhetoric: JALWD.

Eric Christiansen's Book Review on Angioletta Sperti’s “Constitutional Courts, Gay Rights and Sexual Orientation Equality” appeared in I-CONnet of the International Journal of Constitutional Law (Oxford University Press).

On February 15, Laura Cisneros presented her paper, "On Judicial Review: the Supreme Court's Dual Function as Sovereign and Messianic Agent" at the Political Theology Network Conference at the Emory University Conference Center in Atlanta.
On November 4-5, 2017, Cisneros presented her paper "Messianic Federalism: Obergefell's Production of Constitutional Time" at the Eighth Annual Constitutional Law Colloquium held at Loyola University Chicago.

Benedetta Faedi Duramy's chapter "Child Domestic Slavery in Haiti" was published in Caribbean Crime and Criminal Justice: Impacts of Post-Colonialism and Gender, edited by Katharina J Joosen & Corin A Bailey (Routledge: 2017).​ Duramy also presented her paper "What's Politics Got to Do with It? Child Obesity, School Food, and the Best Interest of the Child" at the symposium 'What's Law Got to Do with It?' held at Stanford Law School on November 2-3, 2017.

Samuel Ernst's article, Pluralism Applied: A Concordant Approach to Selecting Contract Rules, was published in Volume 101 Marquette Law Review 87. On February 16, Ernst also presented at the 2018 Works In Progress in Intellectual Property Colloquium ("WIPIP") in Cleveland, Ohio on his current scholarship entitled, How to Win a Patent Case at the Supreme Court: The Discord Between the Supreme Court and the Federal Circuit.

In January, Marc Greenberg joined three other panelists presenting a panel on "Fandom and the Law" at the Art Law Section of AALS in San Diego.  Marc is also entering into a contract with ABA Publishing to co-write a new book on "Fandom and the Law: The Definitive Guide to Fan Art, Fiction and Film" with an anticipated publication date in late 2018 or early 2019.  On November 17, Marcpresented his talk "Copyright Termination and Recapture Cases: Tips and Tactics" to the Texas State Bar Entertainment Law Conference in Austin, Texas. On September 23, he presented his talk, "The Copyright Year in Review" in Sonoma at the Annual Seminar of the San Francisco IP Law Association.
Greenberg has been elected to a two-year term on the Executive Committee of the AALS Section on Art Law.

Paul Kibel's article A Waterway Repurposed – Nature Parks Rise Along England's Manchester Ship Canal has been accepted for publication in the MIT Journal Projections (which is published by MIT's Planning and Landscape Architecture Graduate Program/Department). The article will be part of a special symposium edition of Projections on new uses for old rivers.
Kibel has been also invited to present a paper (also on the topic of nature parks along the Manchester Ship Canal) at the 2018 IUCN Environmental Law Colloquium. IUCN (International Union for the Conservation of Nature) is the largest environmental organization in the world, and once a year the IUCN's Academy of Environmental Law organizes an environmental law colloquium. The 2018 IUNC Environmental Law Colloquium will take place July 3-6 at University of Strathclyde School of Law in Glasgow, Scotland.
On January 20, Kibel served as a moderator for a panel at the California Water Law Symposium (WLS) at UC Berkeley Law School. The panel was on implementation of the California Sustainable Groundwater Management Act (SGMA), which is also the subject of a new guidebook being prepared by the GGU Center on Urban Environmental Law. About 200 people attended the WLS this year.

Reichi Lee has been appointed for a two-year term as a member of the Executive Committee of the AALS Section on Teaching Methods. ​

Eleanor Lumsden recently published an article The Future is Mobile: Financial Inclusion and Technological Innovation in the Developing World in the Stanford Journal of Law, Business & Technology.

Fiona McKenna has been selected to serve on the editorial board of The Second Draft for a term of two years. The Second Draft is an online publication of the Legal Writing Institute that is published twice per year. Among other duties, Board members select the theme for the issue, draft a call for papers to solicit submissions, select articles from the pool of submissions, and work with authors and a graphic designer to edit those selections and produce the final issue. 

On February 10, 2018, Kathleen Morris spoke at a Stanford Law Review symposium titled "Federalism In An Age of Polarization". The conference focused on the polarization of American politics, and the interplay between the political and legal landscapes that influence our ideas about federalism. Participants examined developments in federalism doctrine, new models of cooperation and confrontation, and the practical application of federalism principles at different levels of government and in different areas of substantive law.
On February 16, 2018, Morris spoke at a Hastings Law School/Municipal Law Institute Symposium titled "Federal Authority, Home Rule, and Filling the Emerging Regulatory Gap". The symposium provided an in-depth exploration of the boundaries, as well as opportunities, of federal regulation of local government activities. Areas of focus included the environment, international trade, and immigration.
On November 3, Morris spoke at a New York University's conference titled ​"Privacy Localism: A New Research Agenda" (see http://www.law.nyu.edu/centers/ili/events/privacy-localism). The conference focused on state and local regulation of digital privacy after the Trump administration's reversal of pre-existing federal privacy rules and policies. On October 27,Morris spoke at the American Constitution Society's Regional Convening in Portland, Oregon. The subject of the panel was "Local Government and Progressive Federalism."  Kathleen provided an overview of shifting priorities on a range of issues at the federal government level under the Trump administration; described how constituents are pressing "red" and "blue" state and local governments to respond to these federal shifts; and predicted how state and local governments, non-profits, and law schools would likely respond to shifting federalism and localism in the coming years. On October 20-21, Morris organized the 6th Annual National State and Local Government Scholars Works-In-Progress Conference at GGU.About 20 scholars from across the U.S. and internationally (Milan and Toronto) presented work (in person and via ZOOM) on the State Attack on Cities, Progressive Localism, Land Use, NIMBY/YIMBY, Preemption, the Public Fisc, the Sharing Economy, City Plaintiffs, Affordable Housing, Education Funding, and Consumer Arbitration. The conference brought together state and local government scholars with lawyers and activists working with or within local governments. The goal for the conference was not only to encourage and support scholarship in state and local government law, but also to build a sense of community and shared purpose. 

Michele Benedetto Nietz's entry Juvenile Court Judges was published in ENCYCLOPEDIA OF JUVENILE DELINQUENCY AND JUSTICE, Wiley, in January 2018. Nietz​ presented "Implicit Socioeconomic Bias" both at Class Crits Conference, Tulane Law School, New Orleans, LA, on November 10, 2017, and at the Juvenile and Family Law Advisory Committee of the Judicial Council's Annual Meeting, San Francisco, CA, on February 1, 2018.
Nietz's chapter "When Myths Become Beliefs: Implicit Socioeconomic Bias in American Courtrooms," was recently published in ENHANCING JUSTICE BY REDUCING BIAS, ABA Book Publishing, 2017. Working with an attorney from the Equal Justice Society, Michele also designed and facilitated a full-day CLE training at the Collaborative Practice East Bay Annual Retreat in Oakland on September 22, 2017. The training was entitled "Implicit Bias in Collaborative Practice."

Kaelyn J. Romey presented "Highs and Lows of a Cannabis Tax Practice" on November 3, 2017 at the State Bar of California Taxation Section Annual Meeting held in Carlsbad, California.

Rachel Van Cleave's co-authored (with Deans Valerie Couch and Anthony Crowell) chapter "Genius Loci: How Place Can Guide Strategic Planning That Enhances Student Engagement" was published in Experiential Education in the Law School Curriculum (Grant, Simpson & Terry, eds. 2018, North Carolina Press). On October 12, at a conference entitled Women in Prison – International Workshop, co-sponsored by the Università Bocconi and Università Degli Studi di Milano, Bicocca, Van Cleave presented "The Sexual Assault Crisis in Women's Prisons in the United States." The three-day conference included speakers from Germany, Japan, Spain, Italy and the UK.  The group also toured two prisons in Milan – Icam, a special prison for women with small children and Bollate, which has a section for women within a prison.