Donald J. Kochan

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Donald J. Kochan is an Associate Professor of Law at Chapman University School of Law. Immediately before coming to Chapman in 2004 he was an Olin Research Fellow and Instructor in Law 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; and, during the summer of 2007, he was a visiting Professor at the University of Houston Law Center. Professor Kochan received his Juris Doctor from Cornell Law School (1998), 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. from Western Michigan University (1995), 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 & Environmental Law.


Courses Taught: Property, Law & Economics, Agency & Partnership, Administrative Law, Natural Resources Law & Policy, and Federal Courts.

Donald J. Kochan

Associate 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

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

Associate Professor of Law

Chapman University School of Law

Selected Publications:

             for all selected publications click here

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. 50 (2006).

“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 Albany L. Rev. 1023 (2003).

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) .

 The Unconstitutionality of  Class-

Based Statutory Limitations on

Presidential  Nominations: Can a Man

Head the Women’s Bureau at the

Department of Labor? 37 Loyola U.

Chi. L. Rev. 43 (2005).

The Blogosphere and the New

Pamphleteers, 11 NEXUS L.J. 99

(2006).

Boyakasha, Fist to Fist: Respect and the

Philosophical Link with Reciprocity in

International Law and Human Rights,

38 G.W. Int’l. L. Rev. 349 (2006).

 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).

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 Matthew Parlow and Melissa

Berry).

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 Chapman L. Rev.

103 (2005).

 Black Tuesday and Graying the

Legitimacy Line of Governmental

Intervention: When Tomorrow is Just a

Future Yesterday, 15 Nexus L.J. 107

(2010).

 Ripe Standing Vines and the

Jurisprudential Tasting of Matured

Legal Wines: Property and Public

Choice in the Permitting Process, 24

BYU J. Pub. Law 49 (2010).

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

 

 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).

Pages Per Term in the United States

Reports and Converting Supreme Court

Citations to Term Announced: A

Statistical Research Tool, 1998 Mich.

St. L. Rev. 1091 (1998).

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. Envt’l L.

& Pol’y 35 (2007) (with Tiffany

Grant).

 Miranda at 40: Applications in a Post-

Enron, Post 9/11 World: Introduction, 10

Chapman L. Rev. 531 (2007).