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
www.chapman.edu/law
www.donaldjkochan.com
SSRN Author Page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=405813
Education
Cornell Law School, J.D., May 1998
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
Chapman University School of Law
Courses:
Property; Administrative Law; Natural Resources Law & Policy; Law &
Economics;
Federal
Courts; Agency and Partnership
Visiting
Professor of
University of Houston Law Center
Course:
Property
Instructor in
Law and Olin Fellow
University of Virginia School of Law
Charlottesville, Virginia, August 2003-May 2004
Visiting
Assistant Professor of
George Mason University School of Law
Courses:
Property; Environmental Law
Associate
(Specialized in Administrative, Natural Resources & Environmental Law)
Crowell & Moring LLP
Selected Scholarship
Law Review and
Law Journal Publications
On Equality: The Anti-Interference Doctrine, 45 U. Rich. L. Rev. ___ (forthcoming 2011).
Corporate Social Responsibility and the Alien Tort
Statute: A Response to Professor Branson with Some Supplemental Thoughts [working title],
8 Santa Clara J. Intl L. ___ (symposium) (forthcoming 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).
Black Tuesday
and Graying the Legitimacy Line of Governmental Intervention: When Tomorrow is
Just a Future Yesterday, 15 NEXUS L.J. 107 (2010) (symposium).
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 Chapman 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. 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).
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 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).
Public Policy
Institute 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, Sept.
2, 2002.
Government ‘Condemnation’
Power Makes Property Rights Less Secure, Mackinac Center Viewpoint on Public Issues No. 2002-07,
Feb. 4, 2002.
Fighting Urban Blight or
Trashing Property Rights? Mackinac Center Viewpoint on Public Issues, July 2, 2001. [Selected Review:
John Douglas, columnist at The Grand Rapids Press(MI): “I don’t often
agree with the folks at the
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, July 21,
1998.]
Property Doesn’t Commit
Crimes, People Do, Mackinac Center Viewpoint
on Public Issues No. 98-15, May 4, 1998.
Reforming
the Law of Takings in Michigan, A
Real Reform in Takings Law,
Mackinac Center Viewpoint on Public
Issues, March 4, 1996.
Should Bargains Be Illegal?,
Opinion Columns
Don’t Let Your Bubble Cross My Bubble, Los Angeles Daily Journal, July
27, 2010, at 5.
Luxury
Needs No Remedy, L.A.
Times, July 26, 2010, at A15.
Call to Repeal Seventeenth Amendment, Los Angeles Daily Journal, June 16, 2010,
at 5.
The Case for Simplicity, Los
Angeles Daily Journal, August 20, 2009, at 6.
Card Sharks, Los Angeles Daily Journal, August
10, 2009, at 6 (with Ryan O’Dea).
For Failing Corporations, Christmas Has Come Early
This Year, Los Angeles
Daily Journal,
June 25, 2009, at 6.
Law Doesn’t Guarantee Equal Outcomes, Only Equal
Opportunity,
Los
Angeles Daily Journal,
Dec. 29, 2008, at 6.
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, Feb. 26, 2007, at 6.
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, May 21, 2001, at 515 (with Mark A. Behrens).
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, Oct. 2, 2000, at 915 (with Mark A. Behrens).
After
Burma, Legal Times, Aug.
21, 2000, at 54.
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, Dec.
6, 1999, at 54 (with Mark Koehn).
Congress Can’t
Plea Bargain with President,
State Needs Real
Reform in Takings Law,
Costly
Regulations Force Upjohn Merger,
Journalism,
Magazine & 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).
James Madison
and the Simple Truths of Classical Liberalism, The Freeman: Ideas on Liberty, Jan.
2003, at 14; 2003 WLNR 13300524.
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).
The Pervasive Duty to Rescue,
The Freeman: Ideas on Liberty,
June 1997, at 344.
The True Takings Reform
Imperative, The Freeman: Ideas
on
Taking Taxes: The Case for
Invalidating the Welfare State, The
Freeman: Ideas on
City of Oakland v. Oakland
Raiders: A Fictional Dissent, 1996
Winning Essay with the Association for Objective Law, TAFOL Bulletin #18 (1996).
Selected Presentations
KUCI, 88.9 FM, The Docket, June 17, 2010, University of
California, Irvine Radio: “The Seventeenth Amendment.”
“The
Constitutionality of the Pending Health Care Reform Legislation,” Chapman
University School of Law, Orange, California, February 4, 2010 (moderator).
“Want
a Building Permit? Then Give Up Your
Right to Vote? – And Other Land Use Regulation Stories,” Chapman University
School of Law,
“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, Orange, California, April 15, 2008 (panelist)
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, April 4, 2008 (conference panelist)
“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 (St. John’s University,
“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,
May
23, 2007 (discussant).
Celebrity
and the Law,
Federalist Society
May
22, 2007 (discussant).
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, October 13, 2006, Topic: Eminent
Domain: Merits and fallout from the Supreme Court’s Kelo decision.
Moderator for
Panel, “Empirical Law & Economics,” Southeastern Association of Law Schools
(SEALS) Annual Conference, July 17, 2006, Palm Beach, Florida.
You Mean, I Can’t
Do That? Emerging Issues in Human Resources-Related Employment Discrimination
Law and Liability,
Chapman University School of Law, April 12, 2006,
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, December 30, 2005; Topic: “New
State Laws” - A Year in Review hour segment on California legislative
developments.
Fox News
Channel, The O’Reilly Factor, December 29, 2005; Topic: Josephs
v. PacBell and the Ninth Circuit’s View of ADA Protection for the criminally
insane.
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, June 26, 2003, “Review Healthy
Forests Restoration Act, HR 1904”, Full Committee Hearing. RealVideo Format
[Professor Kochan’s testimony at 3:51:31].
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 more than 200 articles published in the
following law journals:
Citations in
main journals include:
Yale Law Journal;
Harvard Law Review; Stanford Law Review; Columbia Law Review; University of
Chicago Law Review; NYU Law Review; Cornell Law Review; Duke Law Journal;
Michigan Law Review; Virginia Law Review; Georgetown Law Journal; Minnesota Law
Review; University of Illinois Law Review; Emory Law Journal; American
University Law Review; George Washington Law Review; Notre Dame Law Review; Indiana
Law Review; Cardozo Law Review; Boston University Law Review; Vanderbilt Law
Review; U.C. Davis Law Review; BYU Law Review; Mississippi Law Journal; Seton
Hall Law Review; William and Mary Law Review; Syracuse Law Review; Kentucky Law
Journal; St. Louis University Law Review; DePaul Law Review; Hastings Law
Journal; Southern Methodist University Law Review; Ohio State Law Journal; Villanova
Law Review; University of Colorado Law Review; Idaho Law Review; Denver
University Law Review; Fordham Law Review; Houston Law Review; Pepperdine Law
Review; University of
San Francisco Law Review; New England Law Review; Duquesne Law Review; Maryland
Law Review; Oklahoma Law Review; Oklahoma City University Law Review; Loyola
L.A. Law Review; Case Western Reserve University Law Journal; West Virginia Law
Review; California Western Law Review; Howard
Law Journal; Santa Clara Law Review; South Dakota Law Review; University of
Toledo Law Review; Penn State Law Review; St Mary’s Law Journal; Drake Law
Review; Nevada Law Journal; San Diego Law Review; Southwestern University Law
Review; University of Dayton Law Review; St. Thomas Law Review; Albany Law
Review; Mississippi College of Law Review; Law Review of Michigan State, University
Detroit College of Law; Chapman Law Review; Seattle University Law Review;
Willamette Law Review; Texas Wesleyan Law Review
Citations in specialty journals related to law & policy or
law & philosophy or law & economics include:
Yale Law & Policy Review; Supreme
Court Economic Review;
Harvard Journal of Law & Public
Policy; University of
Pennsylvania Journal of Constitutional Law; Kansas Journal of Law & Public
Policy; Journal of Law & Politics; Boston
University Public Interest Law Journal; Southern California Interdisciplinary
Law Journal; William and Mary Bill of Rights Journal; Cornell Journal of Law
and Public Policy; Temple Political and Civil Rights Law Review; Hamline
Journal of Public Law & Policy; Cato Supreme Court Review; NEXUS Law
Journal
Citations in specialty journals related to international law include:
Yale Journal of International Law;
Virginia Journal of International Law; New York International Law Review; UCLA
Journal of International Law and Foreign Affairs; Stanford Journal of
International Law; George Washington International Law Review; Michigan Journal of International Law; 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; Georgia Journal of International &
Comparative Law; Indiana Journal of Law & Global Studies; Temple
International and Comparative Law Review; Suffolk Transnational Law Review; Berkeley
La Raza Law Journal; Washington University Global Studies Law Review;
Vanderbilt Journal of Transnational Law; Michigan State University Journal of
International Law; ILSA Journal of International and Comparative Law; Pacific
Rim Law & Policy Journal; Canada-United States Law Journal; Utrecht Law
Review
Citations in specialty journals related to environmental law or
property law include:
Stanford Environmental Law Journal;
Fordham Environmental Law Review; Denver Water Law Review; Real Property,
Probate and Trust Journal; Hastings West-Northwest Journal of Environmental Law
and Policy; Ecology Law Quarterly; Journal
of Land Use & Environmental Law;Real Property & Estate Law Journal
Citations in other specialty journals include:
Delaware Journal of Corporate Law; U.C.
Davis Business Law Journal; Cardozo Journal of Law & Gender; Federal
Circuit Bar Journal; Urban Lawyer; American Business Law Journal; Defense Counsel
Journal; Transactions: Tennessee Journal of Business Law; Journal of
the Legal Profession; Michigan Telecommunications & Technology Law Review;
Communications Law and Policy; Rutgers Computer and Technology Law Journal
Cited or quoted, one or more times, in the following media
publications:
U.S. Law Week, National
Law Journal, Investor’s Business Daily, Detroit News,
Detroit Free Press,
and the Grand Rapids Press.
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