Donald J. Kochan

Donald J. Kochan

Professor of Law
Chapman University School of Law
One University Drive
Orange, California 92866
Phone: (714) 628-2618
Fax: (714) 628-2576
kochan@chapman.edu

“Public Use” and the Independent Judiciary: Condemnation in an Interest-Group Perspective, 3 TEXAS REV. L. & POL. 49 (1998).

Professor of Law

Chapman University School of Law

LAST UPDATED JULY 2013

Selected Publications:

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“Public Use” and the Independent

Judiciary: Condemnation in an

Interest-Group Perspective, 3 Texas

Rev. L. & Pol. 4 (1998).

The Political Economy of the Production of Customary International Law: The Role of NGOs and United States Courts, 21 Berkeley J. Int’l L. 240 (2004).

State Laws and the Independent Judiciary: An Analysis of the Effects of the Seventeenth Amendment on the Number of Supreme Court Cases Holding State Laws Unconstitutional, 66 Alb. L. Rev. 1023 (2003).

Sovereignty and the American Courts at the Cocktail Party of International Law: The Dangers of Domestic Judicial Invocations of Foreign and International Law, 29 Fordham Int’l L.J. 507 (2006).

While Effusive, “Conclusory” is Still Quite Elusive: The Story of a Word, Iqbal, and a Perplexing Lexical Inquiry of Supreme Importance, 73 U. PITT. L. REV. 215 (2011).

 

While Effusive, “Conclusory” is Still Quite Elusive: The Story of a Word, Iqbal, and a Perplexing Lexical Inquiry of Supreme Importance, 73 U. Pitt. L. Rev. 215 (2011).

The Property Platform in Anglo-American Law and the Primacy of the Property Concept, 29 GA. ST. L. REV. 453 (2013).

Certainty of Title: Perspectives After the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems, 66 ARK. L. REV. 267 (2013) (symposium).

On Equality: The Anti-Interference Principle, 45 U. RICH. L. REV. 431 (2011).

On Equality: The Anti-Interference Principle, 45 U. Rich. L. Rev. 431 (2011).

Certainty of Title: Perspectives After the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems, 66 Ark. L. Rev. 267 (2013) (symposium).

The Property Platform in Anglo-American Law and the Primacy of the Property Concept, 29 Ga. St. L. Rev. 453 (2013).

Thinking Like Thinkers: Is the Art and Discipline of An “Attitude of Suspended Conclusion” Lost on Lawyers?,

“Thinking” in a Deweyan Perspective: The Law School Exam as a Case Study for Thinking in Lawyering,

 

Thinking Like Thinkers: Is the Art and Discipline of An “Attitude of Suspended Conclusion” Lost on Lawyers?,
35 Seattle U. L. Rev. 1 (2011).

“Thinking” in a Deweyan Perspective: The Law School Exam as a Case Study for Thinking in Lawyering,
12 Nev. L.J. 395 (2012).

You Say You Want a (Nonviolent) Revolution, Well Then What?  Translating Western Thought, Strategic Ideological Cooptation, and Institution Building for Freedom for Governments Emerging Out of Peaceful Chaos,
114 W. Va. L. Rev. 897 (2012) (symposium).

Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response to Professor Branson with Some Supplemental Thoughts, 9 SANTA CLARA J. INT’L L. 251 (2011) (symposium).

“Learning” Research and Legal Education: A Brief Overview and Selected Bibliographical Survey,

Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response to Professor Branson with Some Supplemental Thoughts, 9 Santa Clara J. Int’l L. 251 (2011) (symposium).

“Learning” Research and Legal Education: A Brief Overview and Selected Bibliographical Survey,
40 Sw. U. L. Rev. 449 (2011).

The “Reason Giving” Lawyer: An Ethical, Practical, and Pedagogical Perspective, 26 Geo. J. Legal Ethics __ (forthcoming 2013).

Public Lands and the Federal Government’s Compact-Based “Duty to Dispose”, 2013 BYU L. Rev. __ (forthcoming 2013).

The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective, 58 St. Louis U. L.J. __ (forthcoming 2014).

The Political Economy of the Production of Customary International Law: The Role of NGOs and United States Courts, 21 BERKELEY J. INT’L L. 240 (2004).

State Laws and the Independent Judiciary: An Analysis of the Effects of the Seventeenth Amendment on the Number of Supreme Court Cases Holding State Laws Unconstitutional, 66 ALB. L. REV. 1023 (2003).

Sovereignty and the American Courts at the Cocktail Party of International Law: The Dangers of Domestic Judicial Invocations of Foreign and International Law, 29 FORDHAM INT’L L.J. 507 (2006).

Much Ado About Pluralities: Pride and Precedent Amidst the Cacophony of Concurrences – and Re-Percolation After Rapanos, 15 VA. J. SOC. POL’Y & L. 299 (2008) (with Professors Mathew Parlow and Melissa Berry).

Much Ado About Pluralities: Pride and Precedent Amidst the Cacophony of Concurrences – and Re-Percolation After Rapanos, 15 Va. J. Soc. Pol’y & L. 299 (2008) (with Professors Mathew Parlow and Melissa Berry).

The Unconstitutionality of Class-Based Statutory Limitations on Presidential Nominations: Can a Man Head the Women’s Bureau at the Department of Labor?, 37 LOY. U. CHI. L.J. 43 (2005).

You Say You Want a (Nonviolent) Revolution, Well Then What?  Translating Western Thought, Strategic Ideological Cooptation, and Institution Building for Freedom for Governments Emerging Out of Peaceful Chaos,

Boyakasha, Fist to Fist: Respect and the Philosophical Link with Reciprocity in International Law and Human Rights, 38 GEO. WASH. INT’L L. REV. (2006).

Runoff and Reality: Externalities and Traceability Problems in Urban Runoff Regulation, 9 CHAP. L. REV. 409 (2006) (symposium).

Runoff and Reality: Externalities and Traceability Problems in Urban Runoff Regulation, 9 Chap. L. Rev. 409 (2006) (symposium).

Boyakasha, Fist to Fist: Respect and the Philosophical Link with Reciprocity in International Law and Human Rights, 38 Geo. Wash. Int’l L. Rev. (2006).

Constitutional Structure as a Limitation on the Scope of the “Law of Nations” in the Alien Tort Claims Act, 31 CORNELL INT’L L.J. 153 (1998) (Note).

The Soft Power and Persuasion of Translations in the War on Terror: Words and Wisdom in the Transformation of Legal Systems, 110 W. VA. L. REV. 545 (2008).

No Longer Little Known But Now a Door Ajar: An Overview of the Evolving and Dangerous Role of the Alien Tort Statute in Human Rights and International Law Jurisprudence, 8 CHAP. L. REV. 103 (2005) (symposium).

Constitutional Structure as a Limitation on the Scope of the “Law of Nations” in the Alien Tort Claims Act, 31 Cornell Int’l L.J. 153 (1998) (Note).

The Soft Power and Persuasion of Translations in the War on Terror: Words and Wisdom in the Transformation of Legal Systems, 110 W. Va. L. Rev. 545 (2008).

No Longer Little Known But Now a Door Ajar: An Overview of the Evolving and Dangerous Role of the Alien Tort Statute in Human Rights and International Law Jurisprudence, 8 Chap. L. Rev. 103 (2005) (symposium).

Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process, 24 BYU J. PUB. L. 49 (2009).

The Blogosphere and the New Pamphleteers, 11 NEXUS L.J. 99 (2006) (symposium).

In the Heat of the Law, It’s Not Just Steam: Geothermal Resources and the Impacts on Thermophile Biodiversity, 13 HASTINGS W.-N.W. J. ENVTL. L. & POL’Y 35 (2007) (with Tiffany Grant).

Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process, 24 BYU J. Pub. L. 49 (2009).

The Blogosphere and the New Pamphleteers, 11 NEXUS L.J. 99 (2006) (symposium).

In the Heat of the Law, It’s Not Just Steam: Geothermal Resources and the Impacts on Thermophile Biodiversity, 13 Hastings W.-N.W. J. Envtl. L. & Pol’y 35 (2007) (with Tiffany Grant).

The Other Side of the Coin: Implications for Policy Formation in the Law of Judicial Interpretation: A Review of A MATTER OF INTERPRETATION by Antonin Scalia, 6 CORNELL J. L & PUB. POL’Y 463 (1997) (Book Note).

Black Tuesday and Graying the Legitimacy Line of Governmental Intervention: When Tomorrow is Just a Future Yesterday, 15 NEXUS L.J. 107 (2010) (symposium).

Black Tuesday and Graying the Legitimacy Line of Governmental Intervention: When Tomorrow is Just a Future Yesterday, 15 NEXUS L.J. 107 (2010) (symposium).

The Other Side of the Coin: Implications for Policy Formation in the Law of Judicial Interpretation: A Review of A Matter of Interpretation by Antonin Scalia, 6 Cornell J. L & Pub. Pol’y 463 (1997) (Book Note).

Pages Per Term in the United States Reports and Converting Supreme Court Citations to Term Announced: A Statistical Research Tool, 1998 DETROIT C.L. AT MICH. ST. U. L. REV. 1091 (1998).

Miranda at 40: Applications in a Post-Enron, Post 9/11 World: Introduction, 10 CHAP. L. REV. 531 (2007) (symposium).

Pages Per Term in the United States Reports and Converting Supreme Court Citations to Term Announced: A Statistical Research Tool, 1998 Detroit C.L. at Mich. St. U. L. Rev. 1091 (1998).

Miranda at 40: Applications in a Post-Enron, Post 9/11 World: Introduction, 10 Chap. L. Rev. 531 (2007) (symposium).

The Unconstitutionality of Class-Based Statutory Limitations on Presidential Nominations: Can a Man Head the Women’s Bureau at the Department of Labor?, 37 Loy. U. Chi. L.J. 43 (2005).

The “Reason Giving” Lawyer: An Ethical, Practical, and Pedagogical Perspective, 26 Geo. J. Legal Ethics __ (forthcoming 2013).

Public Lands and the Federal Government’s Compact-Based “Duty to Dispose”, 2013 BYU L. Rev. __ (forthcoming 2013).

The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective, 58 St. Louis U. L.J. __ (forthcoming 2014).

        Donald Kochan is a Professor of Law at Chapman University School of Law in Orange, California. Professor Kochan’s scholarship focuses on areas of property, natural resources, law and economics, international law, and jurisprudence generally, among others. He has published more than 30 scholarly articles and essays in well-respected law journals. His work has been cited in more than 225 published law review articles, and his articles have been downloaded more than 8,000 times from SSRN and BePress. In addition to his scholarly publications, Professor Kochan has published opinion editorials in leading newspapers across the country, recently including the Wall Street Journal and the L.A. Times. Professor Kochan has presented his work at national legal conferences and at law schools domestic and foreign, has testified before the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and has appeared on national radio and cable news broadcasts.
        Immediately before coming to Chapman in 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law for the 2003-2004 academic year. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason University School of Law where he taught courses in Property and Environmental Law. Professor Kochan received his Juris Doctor from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. He also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his B.A. with honors from Western Michigan University, with majors in political science and philosophy. After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources and environmental law.
        Professor Kochan teaches Property, Administrative Law, Natural Resources Law & Policy, Law & Economics, Corporations, Agency & Partnership, and Federal Courts.