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
Research Assistant to
Jonathan R. Macey, J. DuPratt White Professor of Law
Cornell Law School, Ithaca, NY, January 1996-May 1998
Selected Scholarship
Law Reviews and Law
Journals
Ripe Standing
Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and
Public Choice in the Permitting Process, 24 BYU J. Pub.
Law __ (forthcoming
2009).
Black Tuesday and the Graying of the Legitimacy of
Governmental Intervention: When Tomorrow is Just a Future Yesterday, 15 NEXUS L.J. ___ (forthcoming 2009).
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. 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, 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
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, 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, The
Freeman: 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
“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,
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 (
“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,
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 articles appearing in more than 200
law
journal articles,
including but not limited to:
Citations in main
journals include:
Yale Law Journal; Harvard
Law Review; Stanford Law Review; Columbia 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; University of Illinois
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; U.C. Davis 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; 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; West Virginia 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; 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; 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
Citations in specialty journals related to environmental law and
property law include:
Stanford Environmental Law Journal; Fordham
Environmental Law Review; Real Property, Probate and Trust Journal;
Citations
in other specialty journals include:
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,
Investor’s Business Daily, National Law Journal, Detroit News,
Detroit Free Press,
and the
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