Faculty News2008
Professor Kurt Eggert has been invited to present on the following topics at the at the AALS in January: AALS Aging and the Law Section: "Consumer Fraud and the Elderly: What's New, What's Needed." Presenter on issues of gambling and the elderly. Joint Program of the AALS Section on Creditors’ and Debtors’ Rights and the AALS Section on Real Estate Transactions: “Real Estate Transactions In Troubled Times.” Presenter on issues regarding the subprime meltdown.
Professor Donald Kochan has published an Op Ed entitled "Hungry for Precedent" in today's issue of the Los Angeles Daily Journal, where he builds on an ongoing project regarding judging and precedent.
Professor Danny Bogart was elected as a Fellow of the American College of Real Estate Lawyers (ACREL), the premier organization for real estate and property law lawyers in the United States. ACREL produces CLE papers and events as well as position papers on lawyer ethics and practice. For more information about the organization, see www.acrel.org.
Professor John Hall was invited to present a paper, "The Khmer Rouge Tribunal: The Search for Legitimacy in an Environment of Distrust, Corruption and Mismanagement," at the Southeast Asia Forum at the Walter H. Shorenstein Asia-Pacific Research Center, Stanford University. His paper will address topics from his various Op Eds in Wall Street Journal, Christian Science Monitor, and International Herald Tribune.
Professor Kurt Eggert was quoted in a story in the Los Angeles Times entitled "Lenders derail plan to let bankruptcy judges modify mortgages." Although some lenders have offered to work out voluntary modifications with strapped borrowers, subject to strict conditions, "there are a lot of structural barriers to loan modifications, and a voluntary system doesn't do enough to affect them," said Kurt Eggert, a law professor at Chapman University who studies mortgage issues. Read story...
Professor Kurt Eggert was quoted in a story in Money Magazine entitled "Waiting for the subprime perp walk" where he discussed what lawsuits and prosecutions we could see coming from the subprime meltdown. "Count on some big lawsuits and perhaps even prosecutions. (All it may take, says Chapman University law professor Kurt Eggert, is an e-mail in which some banker or trader or analyst admits, 'Dudes, this stuff is garbage....'"). Read story...
Professor Francine Lipman presented her paper "Taxation and Undocumented Immigrants: Separate, Unequal and Without Representation" on May 8, 2008 at “Undocumented Hispanic Immigrants in the United States: Problems, Benefits and Prospects,” a one-day conference at the University of North Texas to provide objective research about undocumented immigration. Learn more...
Professor Kochan presented "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" at the University of San Diego School of Law, San Diego, California. Comments will be provided by J. David Breemer of the Pacific Legal Foundation.
April 15, 2008 Chapman University Chancellor Daniele C. Struppa has announced that four members of the law school faculty have been reviewed by their peers and administrators during 2007-2008 and have been awarded the following promotions effective at the beginning of the 2008-2009 academic year: Henry Noyes, Full Professor with Tenure; Lawrence Rosenthal, Full Professor with Tenure; Ernesto Hernandez, Associate Professor; and Matthew Parlow, Associate Professor. Congratulations to all!
Thanks to Professor Michael Bazyler (who will join the Chapman law faculty this fall), Chapman University School of Law was the only law school that appeared on the Agenda of the annual meeting of the prestigious American Society of International Law in Washington, D.C. The Law School and the University’s Rodgers Center for Holocaust Education sponsored the final event, a Commemoration of the 60th Anniversary of the April 10, 1948 verdicts in the Einsatzgruppen zonal trial at Nuremberg and a Tribute to the still-living chief prosecutor of that Nuremberg trial, Benjamin Ferencz. See: http://en.wikipedia.org/wiki/Benjamin_Ferencz and http://en.wikipedia.org/wiki/Einsatzgruppen_Trial. Professor Bazyler represented Chapman as the host of the Commemoration and Tribute, starting with a seven minute video powerpoint presentation of Ben Ferencz’s opening argument. Professor Bazyler also arranged for Ben Ferencz to be introduced by Eli Rosenbaum, the Director (and longest-serving director) of the Office of Special Investigations (OSI) at the U.S. Department of Justice, the office responsible for tracking down and deporting still-living Nazis and collaborators in the U.S. as well as present-day genocides in Rwanda and elsewhere. It was a historic connection between two generations of prosecutors of war criminals and collaborators with the aim of inspiring young lawyers and law students to continue the work.
Professor Kochan was a panelist on the topic of "Eminent Domain, Property Rights, and Ballot Proposals: Where Do the Government Powers End and the Citizens' Rights Begin? -- A Post-Kelo Discussion", at Chapman University School of Law, Orange, California.
Professor Kurt Eggert appeared in front of the California Assembly Committee on Banking and Finance to discuss two separate bills, AB 2740 (Brownley), which would provide new regulation for mortgage servicers, and AB 2359 (Jones), which would provide assignee liability in some instances of subprime, high priced, or non-traditional loans.
Professor Kurt Eggert was cited in an article entitled "Protecting borrowers: N.C. can do more on 'predatory loan servicing'" in the Charlotte News & Observer. In the piece, Professor Eggert cited the example of Countrywide Financial CEO Angelo Mozilo, who allegedly bragged in 2004 that fees generated an extra $17 million to $19 million in monthly revenue. Read story...
On April 7-8, Professor Kochan participated as a discussant at a roundtable of 20 select and invited property scholars on the issue of "The Expansion of Liability Under Public Nuisance," sponsored by the Searle Center at Northwestern University School of Law, Chicago, Illinois
Excerpts from the piece include: “I hate to say it, but this proposal seems more like public relations than an actual attempt at a solution,” said Timothy A. Canova, who teaches international economic law at Chapman University in Orange. Canova said the land bank program and a $10 billion program to establish a bond authority to refinance subprime mortgages were the only pieces of the proposal that seemed directly aimed at resolving the crisis – and they're woefully inadequate. “If you put them both together, they amount to $14 billion, which is a drop in the bucket compared to a problem that could run into the trillions of dollars,” he said.
On April 4, Professor Kochan participated in a conference of international law scholars at the Indiana University-Bloomington School of Law. The panel he spoke on was entitled: "The Relationship of Individuals to Customary International Law Formation." His presentation title was "The Temptation Toward an International Tapestry of Torts: Why the Judicial Process Should Not Be Available For Every and Any Aggrieved Individual."
Professor Kochan gave a speech on "Global Markets and International Law" at the Indiana University-Indianapolis School of Law, Indianapolis, Indiana.
Professor John Hall presented a conference paper, "The International/Domestic Divide: the Failure of Transitional Justice in Cambodia," at the 49th Annual International Studies Association Convention, San Francisco.
Professor Kurt Eggert was quoted in the Orange County Register in a piece entitled "Report blasts New Century, KPMG." He stated, "We had appraisers over-appraising the values of houses.... We had people who were supposed to check underwriting standards fail to check, and every step of the way people who were supposed to be the ones making sure the system worked didn't do their job." Read article...
Professor John Hall's Op Ed piece, "Out of the Sweatshop, " was published in the Los Angeles Daily Journal. The piece addressed the Cambodia-US Bilateral Trade Agreement and the future of trade unions in Cambodia and other developing nations.
Professor Kurt Eggert was quoted in The Kansas City Star in a piece entitled "Foreclosure crisis hits home at some of the KC's wealthiest addresses." Professor Eggert stated, "Borrowers thought housing prices were going up. It made sense to them if they could hunker down and get a loan that didn't charge them the full amortized amount at first, and then in a couple of years they could refinance and get a better loan or sell and make a profit." Read article...
Professor Kochan spoke on the topic "Litigation and Human Rights: Universal Jurisdiction, Liability Risks, and the Effects on Investment and Entrepreneurship in Developing and Troubled Nations" at Case Western Reserve University School of Law, Cleveland, Ohio.
On March 19, Professor Kochan presented a speech on "The Law and Economics of Judicial Behavior: Questioning Decisional Outcomes" at Regent University School of Law, Virginia Beach, Virginia. Professor Joe Tucker (Regent) served as a commenter.
Professor Kurt Eggert was quoted online from India relating to the ongoing subprime loan crsisis in a piece entitled "US Fed Reserve struggling to reestablish confidence in economy." In the piece, he stated, "Of all the investment houses, Bear Stearns was the one most deserving of going under because of the subprime crisis, both for its ownership of a subprime lender and its work packaging those loans.... The Feds are doing more to help Bear Stearns than the borrowers facing foreclosure because of Bear Stearns's actions." Read article...
Professor John Hall has published an Op-ed piece with Investors Business Daily entitled "Whether Berlin '36 Or Beijing '08, An Olympic-Sized Deficit Of Will." Read piece...
Professor Kurt Eggert was quoted in the Orange County Register in a piece entitled "Ameriquest founder was subprime 'godfather.'" Professor Eggert stated, "The emphasis was on quantity rather than quality and that's what brought us where we are now." Read article...
Professor Kurt Eggert was quoted in The Guardian (UK) in a piece entitled "Fed faces political heat over Bear Stearns deal." Read article...
Professor Kurt Eggert was quoted in MarketWatch from Dow Jones, in a piece entitled "Homeowners need help, not Wall Street," where he stated, "Of all the investment houses, Bear Stearns was the one most deserving of going under because of the subprime crisis, both for its ownership of a subprime lender and its work packaging those loans." Read article...
Professor Kurt Eggert was quoted at Chicago Tribune On-Line in "The Swamp: Rescue of Bear Stearns 'cowboys' questioned." Read comments...
Professor Kurt Eggert was quoted in the Christian Science Monitor in a piece entitled "As crisis deepens, Fed steps up role." Read article...
Professor Kurt Eggert was quoted in Reuters, in an article entitled "Fed faces political heat over Bear Stearns deal." Professor Eggert stated, "When it comes to reducing foreclosures, the Bush administration has adopted a 'What me worry?' attitude, hoping that the market will fix the problem with some cheerleading by federal regulators." Read article...
Associate Dean Timothy Canova was quoted in the Atlanta Journal-Constitution in a piece entitled "Shelter from the storm: No bailout, two modest Senate bills offer help to Georgia homeowners facing foreclosure." Read article... Quotes from this story included: "Foreclosure is like a disease that undermines housing prices, consumer spending, construction jobs, the strength of the real economy, and the fiscal positions of state and local governments," says international economic law professor Timothy A. Canova of California's Chapman University School of Law. "Once this downward cycle takes hold, it is not an easy thing to revive the economy."
Professor Kurt Eggert was quoted in the Baltimore Sun in a piece entitled "Top officials push financial reform: Home loan industry to get more scrutiny." Read article...
Professor Kurt Eggert was quoted at Forbes.com in a piece entitled "Skin In The Game." Professor Eggert is a proponent of "assignee liability," requiring mortgage brokers to keep a minimum amount of assets on their balance sheets before they can be licensed. "With assignee liability, investors would demand greater supervision of originators to ensure that borrowers were not victims of misrepresentation," he noted. Read article...
Professor Kurt Eggert was quoted in Reuters, in an article entitled "US Regulators Unveil Plan to Revamp Mortgage Rules," where he stated, "Mortgage brokers need to have some skin in the game, so that if they defraud borrowers, the brokers are worth suing." Read article...
Professor Kurt Eggert was quoted in the Daily Times of Pakistan, in an article entitled "US mortgage broker, lender plan too little too late. Read article...
Professor Kurt Eggert was quoted in Reuters, in an article entitled "Mortgage broker, lender plan too little too late." Read article...
Professor Kurt Eggert was quoted in McClatchy in a piece entitled "White House group calls for tougher home-finance rules." Read article...
Professor Kurt Eggert was quoted in MarketWatch from Dow in an article titled "Paulson prescribes medicine for Wall Street." Professor Eggert said, "While Paulson seems to be moving in small steps toward greater regulation of the mortgage industry, this new plan seems to be too late for the existing subprime meltdown, and too little for the next one." Read article...
Professor David Llewellyn has published an Op-ed piece in the Los Angeles Daily Journal entitled "Coercive Intolerance."
Associate Dean Tim Canova commented on Federal Reserve Federal Reserve Chairman Ben Bernanke in the article "Hedging Ben" at Forbes.com. Read article... Quotes from this story included: Timothy Canova, an associate dean and economic law professor at Chapman University in California, says Bernanke's remarks might indicate a level of "frustration" with the administration's policies. "On some level, I think the Fed chairman doesn't have good options," he says. Lowering interest rates won't necessarily stop foreclosures, and it certainly won't alleviate inflation fears. Canova says more government spending is necessary to boost the economy--something Democrats have proposed but the Bush administration will not go for.
Associate Dean Timothy Canova was quoted in TheStreet.com in a piece entitled "Democrats Need to Embrace NAFTA," where he commented via email that freer trade in agriculture, combined with U.S. farm subsidies, has contributed to more than 600,000 farm families losing their livelihoods in Mexico. "This, of course, contributes to the increase of illegal immigration from Mexico to the United States," Canova said. "Likewise, there are certainly factories in the U.S. that have been closed down as a result of freer trade with Mexico, and even more so with China." Read article...
Professor Kurt Eggert was quoted in Forbes.com in an article titled "Bernanke Won't Back Loan-Modifying Bill," where he questioned whether it is prudent for judges not to have the right to modify home loans, the "significant exception" to a general rule that judges can alter debt terms. Read article...
Professor Katherine Darmer was quoted in The Los Angeles Times in the article,"Congress Requests Clemens Investigation." February 28, 2008: "This has an even-handedness to it. He made so many blatant misstatements that contradict not only McNamee, who some people don't think has any credibility, but Pettitte, who has no incentive to contradict Clemens." Read article...
Professor Scott Howe was quoted in an article in the Orange County Register entitled "'Twelve Angry Men' is great drama, but is it realistic?." Read article... Professor Howe was quoted in this piece as stating: "It's a great story," agreed Scott Howe, a professor of criminal law at Chapman University School of Law, who will be on the panel with Levenson. "It's a very well-written play, and the author really knew how to build these moments of tension through conflict among the jurors then let it down and build it again. And there are these larger issues that are timeless: the quest for justice against indifference, the heroic struggle of the individual standing up for his convictions against the group, the victory of humility and rationality over emotional bombast."
Professor Katherine Darmer was quoted in several articles on this date relating to the Roger Clemens steroids story: "Could Roger Be Charged With Perjury? Legal Experts Debate Whether Federal Prosecutors Will Indict Clemens" at abcnews.com (read article...); "Waxman has options but won't commit on Clemens" in The Los Angeles Times (read article...); "A loss for Roger Clemens" in the Seattle Times (read article...). Professor Darmer was also interviewed for a detailed piece that appeared at MLB.com on February 13, 2008 entitled "Clemens' testimony not credible." Read article... Quotes from the Seattle Times included: "It is true that McNamee has lied in the past," Darmer said. "But the type of lies he told — ones where he tended to minimize his own conduct and cover up for his former friends and clients — are quite typical of how people often initially behave when caught in wrongdoing. "Had he made demonstrably false allegations implicating innocent ballplayers, then his testimony should be viewed skeptically. However, all the hearing established today was that it took him awhile to be willing to come clean. "Almost no large-scale wrongdoing comes to light through choirboys, and McNamee is no angel. But his allegations have been substantiated by others whose integrity is solid, including Pettitte." Quotes from abcnews.com included: "He did terribly -- what killed him was the fact that [Andy] Pettitte totally verified the credibility of McNamee." "Looking at it from a lawyer's perspective," she added, "they could go after him for perjury and witness tampering. When you can't pursue someone for the underlying bad thing, they fall back on perjury and witness tampering. Look at Barry Bonds, Scooter Libby, Martha Stewart." Darmer said she thought that McNamee's reputation as a liar would not prevent federal prosecutors from using him as an effective witness. "You get bad guys by using bad guys," she explained. "If you get a guy who shot someone in their basement, you have to find somebody else involved in the wrongdoing, not Mother Theresa. I was impressed with him as a corroborating witness." Quotes from the story on MLB.com included: Katherine Darmer, a former assistant U.S. attorney in New York and an expert on criminal procedure, said that Clemens did not come across as credible and that it would not be surprising to see the former big league hurler experience more legal troubles in days to come. "I thought Roger Clemens did not come across well," said Darmer, a professor of law at Chapman (Calif.) University. "Coming at it from pretty much an open mind, I just thought he was not credible. He's obviously got a lot to lose with his denials, but if I were his lawyer or his family, I'd be worried about perjury charges." Darmer said that Clemens may have been ill-advised to testify before Congress, especially after Rep. Henry Waxman (D-Calif.), the chairman of the House Committee on Oversight and Government Reform, said Wednesday that he was prepared to shy away from holding the hearing. Quotes from the piece that appeared in the story in the Los Angeles Times included: "If I was Clemens' lawyer or one of his family members, I'd be concerned those charges are coming," said Katherine Darmer, a Chapman University law professor. "And if they end up having physical evidence, it's a slam dunk." A more-detached Darmer said Pettitte "substantiates the charges. There's no reason for this guy to lie."
On February 11, Professor Kochan and Professor M. Katherine Baird Darmer were discussants on a 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.
Professor Kochan debated Professor Deepa Bhadariyana on "Global Warming, Free Markets, and the Role of the State" here at Chapman University School of Law, Orange, California
Professor John Hall's Op Ed article, "Don't Pave Cambodia's Flawed Path to Justice," appeared in today's issue of the Christian Science Monitor. Read article...
Professor Hugh Hewitt was featured in the January 2008 issue in California Lawyer magazine. Read article...
Professor Henry Noyes' most recent article “Good Cause Is Bad Medicine For the New E-Discovery Rules” was published in the Harvard Journal of Law & Technology in December 2007. It may be downloaded at http://ssrn.com/abstract=965922.
At the annual AALS Meeting in New York City, Dean John Eastman was named to the Special Committee to Review Scholarly Papers. Professor Kurt Eggert was voted onto the Executive Committee of the Clinical Legal Education Section of the AALS and was also was appointed as a member to the AALS Executive Committee of the Section on Financial Institutions and Consumer Financial Services. Professor Michael Lang was elected Chair-Elect of the AALS Section on Post-Graduate Legal Education. Professor Daniel Bogart was elected Chair of the AALS Real Estate Transactions section. Professor Denis Binder was re-elected to the AALS Executive Committee of the Environmental Law Section.
Professor John Hall's Op-Ed piece “Porn Industry’s Lack of Workplace Protection Puts Actors at Risk” was published in the January 8, 2008 issue of The Los Angeles Daily Journal.
Dean John Eastman was quoted in the San Diego Union Tribune in an article entitled "State files lawsuit over EPA's decision on auto emissions." (Read article...). Dean Eastman was quotes in this piece as follows: John Eastman, dean of the Chapman University School of Law, said the case is of such “monumental importance” that it likely will reach the U.S. Supreme Court. He said the legal challenge could turn on how the courts interpret EPA's waiver authority: Is it discretionary or is EPA required to issue permission if California meets all of the conditions? EPA has a strong case in that the federal government regulates commerce so there is precedent for national standards, Eastman said.
Professor Kurt Eggert was quoted in the December 30, 2007 edition of the Orange County Register, "How subprime lending all started in O.C." (Read article...) Professor Eggert was also quoted in the December 30, 2007 edition of the Kansas City Star, "American dreams built on a shaky foundation of subprime loans." (Read article...) |
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