Donald J. Kochan
Associate Professor of Law
Chapman University School of
One University Drive
Phone: (714) 628-2618
Fax: (714) 628-2576
kochan@chapman.edu
www.chapman.edu/law
www.donaldjkochan.com
SSRN Author Page
Education
The Cornell International Law Journal, Managing Editor
The Harvard Journal of Law & Public Policy
Executive
Editor (Vol. 21, No. 2 (1998)) (Symposium)
Editor
(Vol. 20, No. 2 (1997)) (Symposium)
John M. Olin Scholar in Law and Economics, 1996-1997, 1997-1998
Western Michigan University, B.A., magna cum laude, April
1995
Majors:
Political Science, Public Law Concentration &
Philosophy,
Professional Ethics Concentration
Honors College
John W. Gill Medallion Scholar
Presidential Scholar in Political Science, 1995
D.C. Schilling Junior Political Science Award, 1994
Siebert Undergraduate Research Award, 1995
Judicial Clerkship
Law Clerk to The Honorable Richard F.
Suhrheinrich,
United States Court of Appeals for the Sixth Circuit
Experience
Associate Professor of
Courses:
Property; Administrative Law; Natural Resources Law & Policy; Law &
Economics;
Federal
Courts; Agency and Partnership
Positions: Member, Clerkship
Committee (present; Former Chair, 2004-06)); Member, Honor Council Faculty
Committee (2007-present); Former Member, Appointments Committee (2007-08);
Faculty Advisor, Chapman Law Review (2005-present); Former Chair, Admissions
Committee (2007)
Visiting Professor of
Course:
Property
Instructor in Law and Olin Fellow
University of Virginia School of Law
Charlottesville, Virginia, August 2003-May 2004
Visiting Assistant Professor of
Courses:
Property; Environmental Law
Associate (Specialized in Administrative,
Natural Resources & Environmental Law)
Crowell & Moring LLP
Selected Scholarship
Law Reviews and Law Journals
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 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).
Miranda at
40: Applications in a Post-Enron, Post 9/11 World: Introduction, 10 Chap. L.
Rev.531 (2007). (symposium)
In the Heat of
the Law, It's Not Just Steam: Geothermal Resources and the Impacts on
Thermophile Biodiversity,
13
Runoff and
Reality: Externalities and Traceability Problems in Urban Runoff Regulation, 9
Chapman L. Rev. 409 (2006) (symposium).
The
Blogosphere and the New Pamphleteers, 11 NEXUS L.J. 99
(2006) (symposium).
Boyakasha,
Fist to Fist: Respect and the Philosophical Link with Reciprocity in
International Law and Human Rights,
38 G.W. Int'l. Rev. 349 (2006).
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) (by unsolicited invitation).
The
Unconstitutionality of Class-Based Statutory Limitations on Presidential
Nominations: Can a Man Head the Women's Bureau at the Department of Labor?, 37
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)
(symposium).
The Political
Economy of the Production of Customary International Law: The Role of NGOs and
United States Courts,
21
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).
"Public
Use" and the Independent Judiciary: Condemnation in an Interest-Group
Perspective, 3
Pages Per Term
in the United States Reports and Converting Supreme Court Citations to Term
Announced: A Statistical Research Tool, 1998 Det. C.L. at
Mich. St. L. Rev. 1091 (1998).
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 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).
Annuals
An Examination
of Increasing Protection for Sacred Sites and the Trust Responsibilities of the
Federal Government, 49 Rocky Mtn. Min. L. Inst.
National
Historic Preservation Act Initiatives Affecting the Natural Resources Industry, 22 Energy
& Min L. Inst. Ch. 12 (2002).
Editorial Positions
Co-editor (with Thomas C. Means), American Law of Mining, 2d ed. (2002
& 2003 updates), Chapters 185 ("Overview of Administrative
Agencies") and 186 ("Selected Administrative Procedure and Practice
Topics").
Think Tank Studies
Property
Rights, Responsible Development, and Constrictive "Rules",
Virginia Institute for Public Policy Virginia Viewpoint No. 2003-16, November
2003.
Property Rights,
Condemnation, and Special Interests, Virginia Institute for Public Policy Virginia Viewpoint No. 2003-3, April
2003.
Public-Private ‘Land
Exchanges’ Could Help Resolve Property Rights Disputes, Mackinac Center
Viewpoint on Public Issues,
Government ‘Condemnation’
Power Makes Property Rights Less Secure, Mackinac Center Viewpoint on Public Issues No. 2002-07,
Fighting Urban Blight or
Trashing Property Rights? Mackinac Center Viewpoint on Public Issues,
Reforming Property
Forfeiture Laws to Protect Citizen's Rights, A Mackinac Center Report (July 1998). [Selected Review:
Representative John Conyers (D-MI) stated that this Report "has done a
great public service by pointing out an abuse of power and a defect in our
law." See 'Odd Couple' works for common good, Detroit News,
Property Doesn’t Commit
Crimes, People Do, Mackinac Center Viewpoint
on Public Issues No. 98-15,
Reforming the Law of
Takings in Michigan, A
Real Reform in Takings Law,
Mackinac Center Viewpoint on Public
Issues,
Should Bargains Be Illegal?,
Opinion Columns
Hungry for Precedent, Los Angeles
Daily JOURNAL, May 5, 2008,
at 6.
Words
and Ideas Are Power in the War on Terrorism, Los Angeles Daily
Journal,
Bill
Fosters a Blight on Property Rights,
Protecting the Right to Appellate Review in
the New Era of Civil Actions: A Call for Bonding Fairness, BNA’s Product
Safety & Liability Reporter,
Federal Courts Using ‘Certification’ to
Punt on Controversial State Tort Law Issues, LJN’s Product Liability
Law & Strategy, Feb. 2001, at 4 (with Mark A.Behrens).
The Real Transition: How to Stem a Deluge
of Regulations,
Stopping the Last-Minute Regulatory
Deluge,
Let The Sunshine In: The Need For Open,
Competitive Bidding In Government Retention of Private Legal Services, BNA’s Products
Safety & Liability Reporter,
After
Burma, Legal Times,
reprinted in full as:
Foreign Policy, Freelanced: Suits brought under Alien Tort Claims Act
undermine federal government’s authority, The
Recorder (Cal.), Aug. 23, 2000, at 5; and as Rein in the Alien Tort
Claims Act: Reconstituted Law of Nations Standard Needs Defining by Congress,
Fulton County Daily Report (Ga.),
Aug. 24, 2000.
Stand
Down, Legal Times,
Congress Can’t Plea Bargain with
President, The
State Needs Real Reform in Takings Law, The
Costly Regulations Force Upjohn Merger,
Journalism/Magazine Articles
James Madison and the Simple Truths of
Classical Liberalism, Ideas on
The Pervasive Duty to Rescue,
The Freeman: Ideas on
The True Takings Reform
Imperative, The Freeman: Ideas
on
Taking Taxes: The Case for
Invalidating the Welfare State, The
Freeman: Ideas on
Other Miscellaneous Short Writings
Domestic Courts and
Growing NGO Investment in 'International Law': At What Cost and Consequence to
Democracy?, 4 Engage: The Journal of the Federalist
Society's Practice Groups 84 (May 2003).
South
Dakota's Eminent Domain Experiment to Curb Private Condemnation by Railroads,
3 Engage: The Journal of the Federalist
Society's Practice Groups 37 (Oct. 2002)
The United States Constitution and
Environmental/Natural Resource Issues: Citizen Access to the Courts in a
Federalist System,
(published in conjunction with the Union Internationale des Avocats annual
meeting in Buenos Aires, October 31-November 2, 2000) (with Stuart H.
Newberger).
Aspirin
for a ‘Major Headache?’ Scaling Back Relief Under the Alien Tort Claims Act,
Int’l & Nat’lSecurity Law News,
Vol. 3, No. 3 (Winter 2000), at 1 (a publication of the Federalist Society).
Ripeness,
Permitting, and Public Choice, Administrative
Law and Regulation News, Vol. 2, No. 3 (Winter 1998), at 12 (a
publication of the Federalist Society).
Selected Presentations
“The Law and
Economics of Redevelopment: Kelo and
Beyond”
“Hobbesian
Man, Lockean World – Have We Solved the Conflict? Eminent Domain and the
State as the Proverbial Hobbesian Man in the Displacement of Property Rights”
University of
San Diego School of Law,
“Eminent Domain, Property Rights, and Ballot Proposals:
Where Do the Government Powers End and the Citizens' Rights Begin? – A
Post-Kelo Discussion”,
Chapman University School of
Law,
Searle Center Research
Roundtable on “The Expansion of Liability Under Public Nuisance,” Northwestern
University School of Law, Chicago, Illinois, April 7-8, 2008, (discussant by
invitation only (limited to 24 participants))
Panel:
“The Relationship of Individuals to Customary International Law
Formation.” Presentation Title: “The Temptation Toward an International
Tapestry of Torts: Why the Judicial Process Should Not Be Available
For Every and Any Aggrieved Individual”
University of
Indiana-Bloomington School of Law,
“Global Markets
and International Law”
University of
Indiana-Indianapolis School of Law,
“Litigation and
Human Rights: Universal Jurisdiction, Liability Risks, and the Effects on
Investment and Entrepreneurship in Developing and Troubled Nations,” Case
Western Reserve University School of Law,
“The Law and
Economics of Judicial Behavior: Questioning Decisional Outcomes”
Regent
University School of Law,
Presentation by
Professor William Gangi (
“Global Warming,
Free Markets, and the Role of the State”
Chapman
University School of Law,
The
Hugh Hewitt Show, October 18, 2007, Topic: Hoax or Horror Stories? (debate
with Dean Tim Canova)
The
Hugh Hewitt Show, October 2, 2007, Topic: Lawsuits and Tort Reform – The Stoneridge Case
How Should
the Courts Interpret Split Decisions? Federalist Society Audio Webcast/Teleconference,
Celebrity and the Law,
Celebrity and the Law, Federalist Society
Moderator, Miranda in Modern Practice: Does it Protect
the Innocent or the Guilty; Panel 3 at Symposium Miranda at 40: Applications
in a Post-Enron, Post 9/11 World: Introduction Miranda at 40: Post-Enron,
Post-9/11 World, Chapman
University School of Law, Orange, California, January 26, 2007.
The Hugh Hewitt Show,
Moderator for Panel, "Empirical Law
& Economics," Southeastern Association of Law Schools (SEALS) Annual Conference,
You Mean, I Can't Do That? Emerging
Issues in Human Resources-Related Employment Discrimination Law and Liability, Chapman University School of Law,
Moderator for Panel, "Historical
Perspectives on War and Insecurity," Center for Global Trade and
Development 2d Annual Symposium - "Are We At War?",
Runoff and Reality: Externalities,
Economics and Traceability Issues in Urban Runoff Regulation, Chapman University Law Review Symposium,
Dangerous
Liaisons: Insurance, Moral Hazards, Crises, Property Rights, Risky Places, and
Human Decisions, on
the "Fire, Famine, Flood and Pestilence: Man v. Nature" panel, UCLA
Public Policy Program, 20th Annual Land Use Law and Planning Program, January 20,
2006, Los Angeles, California (panelist).
NPR, 89.3 KPCC Radio,
Fox News Channel, The O'Reilly Factor,
The Jurisprudence of Justice Antonin
Scalia,
The Jurisprudence of Justice Antonin
Scalia, Southeastern Association of Law Schools (SEALS) Annual Conference, July
21, 2005, Hilton Head, South Carolina (panelist).
Guest Lecturer,
Chapman University School of Law’s Center
for Global Trade and Development Inaugural Symposium, Panel
#2: "Labor Rights, Human Rights and Democracy in Distress",
Panelist, Implications of the Film
"Fahrenheit 911" (an interdisciplinary post-viewing panel of Chapman professors)
(2005).
Defense Research Institute, Supreme
Court Review, Civil Rights and Government Tort Liability Annual National
Conference,
Faculty and Law & Economics Workshop,
University of Virginia School of Law, Charlottesville, Virginia, November 10,
2003: The Political Economy of the Production of Customary International
Law: The Role of NGOs and United States Courts
Federalist Society 2003 National Lawyer's
Convention,
Rocky Mountain Mineral Law Foundation
49th Annual Institute,
Senate
Hearing Testimony (by invitation of the Committee), U.S. Senate Committee
on Agriculture, Nutrition and Forestry,
Faculty Workshop, Chicago-Kent College of
Law at the Illinois Institute of Technology, Chicago, Illinois, March 31, 2003:
The Political Economy of the Production of Customary International Law: The
Role of NGOs and United States Courts.
Faculty Workshop,
Institut für Recht und Ökonomik Doctoral
Seminar in Law & Economics, Fachbereich Rechtswissenschaft, Universität
Hamburg, February 6, 2003: Legislative versus Popular Election of Senators
and Delegates in the United States and the European Union: Lessons for State
Legislative Sovereignty from the American Seventeenth Amendment Experience.
Faculty Workshop, University of
Mississippi School of Law, Oxford, Mississippi, December 4, 2002: The
Political Economy of the Production of Customary International Law: The Role of
NGOs and United States Courts.
Robert A. Levy Workshop in Law &
Liberty, George Mason University School of Law, Arlington, Virginia, November
14, 2002: The Role of Domestic Courts in the Face of Growing NGO Investment
in "International Law": Why, How, and At What Consequence?
Annual Meeting of the Interstate Mining
Compact Commission,
Environmental Law in the 21st
Century, Conference Sponsored by the Federalist Society, Lewis & Clark
College Northwestern School of Law, Portland, Oregon, October 25, 2001:
moderator of panel on free market principles in the regulation of air, water
and hazardous waste.
Selected Citations
Cited or quoted (excluding mere acknowledgements), one or
more times, in articles appearing in more than 170 law
journals,
including:
Yale Law Journal, Harvard Law Review ,Columbia Law Review, Stanford Law
Review, University of Chicago Law Review, Cornell Law Review, Duke Law Journal,
Michigan Law Review, Virginia Law Review, Georgetown Law Journal, Minnesota Law
Review, Journal of Law and Politics, University of Illinois Law Review, Fordham
Law Review, Emory Law Journal, American University Law Review, George
Washington Law Review, Indiana Law Review, Cardozo Law Review, Boston
University Law Review, Vanderbilt Law Review, Mississippi Law Journal, Ohio
State Law Journal, Seton Hall Law
Review, William and Mary Law Review, Syracuse Law Review, Maryland Law Review,
Houston Law Review, Nebraska Law Review, Kentucky Law Journal, St. Louis
University Law Review, DePaul Law Review, Hastings Law Journal, Southern
Methodist University Law Review, Villanova Law Review, Loyola LA Law Review,
University of Colorado Law Review, Florida Law Review, Idaho Law Review,
Pepperdine Law Review, St. Thomas Law Review, Yale Law & Policy Review,
Yale Journal of International Law, Virginia Journal of International Law, New
York International Law Review, UCLA Journal of International Law and Foreign
Affairs, Stanford Environmental Law Journal, Minnesota Journal of Global Trade,
American University International Law Review, Emory International Law Review,
Fordham International Law Journal, Harvard Human Rights Journal, Journal of
Transnational Law & Policy, Law Review of Michigan State, University
Detroit College of Law, Boston University Public Interest Law Journal, Southern
California Interdisciplinary Law Journal, Transactions: Tennessee Journal of
Business Law, Indiana Journal of Law & Global Studies, U.C. Davis Law
Review, Chapman Law Review, Harvard Journal of Law & Public Policy, Real Property,
Probate and Trust Journal, Urban Lawyer, American Business Law Journal, Akron
Law Review, NEXUS Law Journal, St Mary's Law Journal, San Diego Law Review,
Southwestern University Law Review, University of Dayton Law Review, Defense
Counsel Journal, Drake Law Review, Nevada Law Journal, Temple International and
Comparative Law Review, Texas Wesleyan Law Review, Hastings West-Northwest
Journal of Environmental Law and Policy, Seattle University Law Review, West
Virginia Law Review, Suffolk Transnational Law Review, Cardozo Journal of Law
& Gender, University of Toledo Law Review, Penn State Law Review, William
and Mary Bill of Rights Journal, Albany Law Review, Ecology Law Quarterly,
George Washington International Law Review, Santa Clara Law Review, South
Dakota Law Review, Cornell Journal of Law and Public Policy, Temple Political
and Civil Rights Law Review, Mississippi College of Law Review, Cato Supreme
Court Review, Denver University Law Review, Federal Circuit Bar Journal, New
England Law Review, Journal of Land Use and Environmental Law, Michigan
Telecommunications and Technology Law Review, Washington University Global
Legal Studies Law Review, Vanderbilt Journal of Transnational Law, South Texas
Law Review, Duquesne Law Review, Kansas Journal of Law and Public Policy,
University of Pennsylvania Journal of Constitutional Law, Case Western Reserve Journal of International
Law, Michigan State Journal of International Law, Rutgers Computer and
Technology Law Journal, California Western Law Review,
Cited or quoted, one or more times, in various media
publications, including:
U.S. Law
Week, Investor’s Business Daily, National Law Journal, Detroit News, Detroit
Free Press, and
the
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