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

 

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

Lansing, Michigan, August 1998-August 1999

 

Experience

 

Associate Professor of Law
Chapman University School
of Law
Orange, California, August 2004-August 2007 (Assistant), August 2007-Present (Associate)

            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 Law
University
of Houston Law Center
Houston, Texas, Summer 2007

            Course: Property

 

Instructor in Law and Olin Fellow
University of Virginia School of Law

Charlottesville, Virginia, August 2003-May 2004 

 

Visiting Assistant Professor of Law
George Mason University School
of Law
Arlington, Virginia, August 2002- August 2003

            Courses: Property; Environmental Law

 

Associate (Specialized in Administrative, Natural Resources & Environmental Law)
Crowell & Moring LLP

Washington, D.C., September 1999-June 2002

 

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 Hastings W.-N.W.J. Envt’l L. & Pol’y 35 (2007) (with Tiffany Grant).

 

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 Loyola U. Chi. L. Rev. 43 (2005).

 

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 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).

 

"Public Use" and the Independent Judiciary: Condemnation in an Interest-Group Perspective, 3 Texas Rev. L. & Pol. 49 (1998).

 

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. Ch. 12 (2003).

 

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 Mackinac Center for Public Policy ... When I do, I feel it is something I should write about." See Unscrupulous Land Grab in Wayne County, Grand Rapids Press, Mar. 6, 2002, at A19.]

 

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 Mackinac Center Report (April 1996).

 

Real Reform in Takings Law, Mackinac Center Viewpoint on Public Issues, March 4, 1996.

 

Should Bargains Be Illegal?, Mackinac Center Viewpoint on Public Issues No. 95-34, December 4, 1995. (Reprinted in, inter alia, Detroit Legal News).

 

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, Detroit News, June 15, 2001, at 13A.

 

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, Washington Times, Jan. 15, 2001, at A15 (with Robert P. Charrow).

 

Stopping the Last-Minute Regulatory Deluge, Boston Globe, Jan. 6, 2001, at 11 (with Robert P. Charrow).

 

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 Detroit News, October 9, 1998, at 11A.

 

State Needs Real Reform in Takings Law, The Detroit News, February 4, 1996, at 7B. (Reprinted in, inter alia, Detroit Legal News)

 

Quebec Secession Drive Fails the Legitimacy Test, Detroit News, November 1, 1995, at 9A.

 

Costly Regulations Force Upjohn Merger, Detroit News, August 27, 1995, at 3B.

 

Journalism/Magazine Articles

 

James Madison and the Simple Truths of Classical Liberalism, Ideas on Liberty, Jan. 2003, at 14; 2003 WLNR 13300524

 

The Pervasive Duty to Rescue, The Freeman: Ideas on Liberty, June 1997, at 344.

 

The True Takings Reform Imperative, The Freeman: Ideas on Liberty, Feb. 1997, at 82.

 

Taking Taxes: The Case for Invalidating the Welfare State, The Freeman: Ideas on Liberty, Feb. 1996, at 72.

 

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”

Cornell Law School, Ithaca, New York, April 21, 2008 (debate)

 

“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, San Diego, California, April 16, 2008  (presenter with commenter)

 

“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, Indianapolis, Indiana, April 3, 2008 (presenter)

 

“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, Cleveland, Ohio, March 21, 2008 (presenter)

 

“The Law and Economics of Judicial Behavior: Questioning Decisional Outcomes”

Regent University School of Law, Virginia Beach, Virginia, March 19, 2008 (presenter)

 

Presentation by Professor William Gangi (St. John’s University, New York), “A Scholar’s Journey on the Dark Side,” Chapman University School of Law, Orange, California, February 11, 2008 (discussant)

 

“Global Warming, Free Markets, and the Role of the State”

Chapman University School of Law, Orange, California, January 31, 2008 (debate)

 

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, Washington, D.C., June 21, 2007 (panelist).

 

Celebrity and the Law, Federalist Society Orange County Lawyers Chapter, Irvine, California,

            May 23, 2007 (discussant).

 

Celebrity and the Law, Federalist Society Los Angeles Lawyers Chapter, Los Angeles, California,

            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, Orange, California (panelist).

 

Moderator for Panel, "Historical Perspectives on War and Insecurity," Center for Global Trade and Development 2d Annual Symposium - "Are We At War?", Chapman University School of Law, April 6, 2006, Orange, California.

 

Runoff and Reality: Externalities, Economics and Traceability Issues in Urban Runoff Regulation, Chapman University Law Review Symposium, Orange, CA, January 27, 2006 (panelist).

 

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, Chapman University School of Law Federalist Society Student Chapter, August 24, 2005, Orange, California.

 

Fordham University’s Conference on "Entrepreneurship and Human Rights," Bronx, New York, August 1, 2005: Litigation and Human Rights: Universal Jurisdiction, Liability Risks, and the Effects on Investment and Entrepreneurship in Developing and Troubled Nations.

 

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; Course: Environmental Economics, Orange, California, May 2005.

 

Chapman University School of Law’s Center for Global Trade and Development Inaugural Symposium, Panel #2: "Labor Rights, Human Rights and Democracy in Distress", Orange, California, February 24, 2005: Moderator and Presenter on panel "Litigating Human Rights and Labor Standards in Domestic and Foreign Forums"

 

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, San Diego, California, January 28, 2005.

 

Chapman University School of Law, Faculty Workshop, Civil Actions and the Destruction of Reciprocity Effects in International Law: The Inefficiency of Civil Enforcement of International Norms (2003).

 

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, Washington, D.C., November 13-15 [panelist on "American Courts as the World’s Policemen?: A Debate on the Alien Tort Claims Statute," one of four ideologically balanced Showcase Panels at three-day national conference].

 

Rocky Mountain Mineral Law Foundation 49th Annual Institute, San Diego, California, July 25, 2003: An Examination of Increasing Protection for Sacred Sites and the Trust Responsibilities of the Federal Government.

 

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.

 

Washington Legal Foundation Media Briefing, Washington, D.C., March 12, 2003: Alien Tort Claims Lawsuits: Advancing Human Rights or Undermining U.S. Businesses and Policy?  (panelist)

 

Faculty Workshop, George Mason University School of Law, Arlington, Virginia, February 11, 2003: The Political Economy of the Production of Customary International Law: The Role of NGOs and United States Courts.

 

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, Hot Springs, Arkansas, April 23, 2001: Historic Preservation Issues Affecting the Mining Industry.

 

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.

 

Mackinac Center Issues and Ideas Luncheon, Lansing, Michigan, July 1999: The State of Property Rights and Takings Law in Michigan.

 

 

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 Grand Rapids Press.

 

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