Faculty Highlights
- Presentations
Presentations
“Clemency in Oregon” (CLE) (on zoom) for the Alumni Board April 12, 2022.
“The Role of Implicit Bias in the Presumption of Guilt/The Role of Racial Bias in Faulty Forensics Testimony” (Lecture) at the Forensic Science Training, Kentucky Department of Public Advocacy on January 24, 2022.
“Oregon Clemency and SB 819” (Panel) at the OCDLA Winter Conference on December 3, 2021 in Portland OR.
“Ramos Retroactivity Informational Hearing” (Testimony) before the SENATE INTERIM COMMITTEE ON JUDICIARY AND BALLOT MEASURE 110 IMPLEMENTATION HEARING, (Zoom) on November 15, 2021.
Panelist for “Executive Clemency in Oregon” at the Transformative Justice Initiative at Willamette College, on November 12, 2021.
“Sharpen Your Pencils: Engagement, Inclusion, and Scaffolding in Law Classes” for the Association of Legal Writing Directors Biennial Conference with Professor Robin Boyle Laisure and Professor Chrstine Coughlin, on June 16, 2021.
“Animal Law and Policy Course” at the University of Melbourne, Australia, with Professor Christine Parker, on April 27, 2021.
“Free Speech in the Age of Art and Animal Advocacy” at the Canadian Animal Law Conference with Dr. Rajesh Reddy, on September 13, 2020.
“DOC Update: Clemency and Senate Bill 819” (Lecture) at the Department of Corrections, on July 21, 2021.
“Supreme Court Administrative and Environmental Cases in October Term, 2020” (Panelist) at the Southeastern Association of Law Schools Annual Meeting, on July 27, 2021.
“Religious Exemptions During COVID” (Panelist) at Texas Law School Federalist Society, Austin, Texas, on March 11, 2021.
“Class Actions and Multidistrict Litigation” at South Ural State University Institute of Law, Chelyabinsk, Russia, on April 8, 2021.
“Coming Together with our Asian American Pacific Islander Community: Learning and Listening”(Panelist) at the Bonneville Power Administration, along with other Asian American Pacific Islander panelists, on April 16, 2021.
“Equality and Inequality from the Past to the Present-The Deep Connections of Asian American and Pacific Islanders to Oregon” (Panelist) for the Oregon Department of Justice CLE, on May 5, 2021.
“Joe Sax’s Public Trust Doctrine 50 Years Later” (Presentation), George Washington annual Shapiro Symposium, April 9, 2021.
“Walking the Talk: Working with Youth Impacted by the Juvenile Justice System” (Panelist), Walking the Talk: Working with Youth Impacted by the Juvenile Justice System, October 21, 2020.
Panelist for “Supreme Court Update – Administrative and Environmental Law”, Southeastern Ass’n of Law Schools Annual Conference, Online, July 31, 2020.
Speaker for Federal Civil Rules Committee/MDL Subcommittee, Emory University School of Law, Remote, June 19, 2020.
“Justifying Family Separation” (Panelist), Law and Society Annual Meeting, May 2020.
“Watching the Terror Watchlist” (Podcast), Co-presented with Joe Whitley & Adam Pearlman, April 17, 2020.
“Renegotiating Your Business Lease: Information and Tips for Challenging Times” (Live Webinar). Portland, OR. April 2, 2020.
“Criminal Justice Sabbath” (Lecture) at First Presbyterian Church, Portland, OR, February 23, 2020.
Foreign Intelligence Surveillance and the Constitution (Lecture) at Meeting of the Columbia River Chapter of the Association of Former Intelligence Officers, Beaverton, OR, October 29, 2019
“Surveillance, Law Enforcement, and Immigration: Trends in the Age of Big Data” (Panelist) at PICUM: Data Protection, Immigration Enforcement and Fundamental Rights, November 14, 2019.
Panelist for “Chernaik v. Brown and the Atmospheric Trust Litigation” at Chernaik v. Brown and the Atmospheric Trust Litigation, Portland, Oregon, November 7, 2019.
“The Role of Implicit Racial Bias in Forensics” (Lecture) at the 74th Annual AAFS Scientific Conference in Seattle, WA on February 25, 2022.
“Testimony in Support of SB 1511” (Testimony) at Oregon State Capitol, on February 02, 2022.
“Oregon ACS Chapter: Annual SCOTUS Review/Preview” (Panel) on Zoom, on November 19, 2021.
Lecture on “Releasing our Clients: Efforts to expand opportunities for release or to increase releases through existing mechanisms” for FAMM, Second Chances Working Group on November 9, 2021. (Zoom)
“20 Years After 9/11: Lessons Learned” (Lecture) at the Univeristy of Arizona, on September 13, 2021.
“Entry Ticket Attendance: Who’s Here and What’s Up” (Workshop) for Legal Writing Institute’s One Day Workshop at DePaul Univeristy, Chicago, IL, on December 3, 2020.
“28th Annual Animal Law Conference” with Stephen Wells, ED of the Animal Legal Defense Fund, on October 23, 2020.
“MBA CLE: Understanding the Fallout of Ramos v. Louisiana and Edwards v. Vannoy on the Criminal Justice System in Oregon” with Ramos Project attorneys, Michaela Gore and Laney Ellisor, on July 22, 2021.
“Recent Developments in Constitutional Law and Separation of Powers Law” (Panelist) at the American Bar Association’s Administrative Law and Regulatory Practice Section’s Annual Administrative Law Conference, on November 20, 2020.
“Continuity, Change, and the Free Exercise Clause” (Moderator) at the AALS Annual Meeting, Joint Program of the Constitutional Law and Law & Religion Section, on January 7, 2021.
“Second Amendment Controversies: Past, Present, and Future” (Lecture) at the PCC Senior Studies Institute, on April 20, 2021.
“Complex Litigation Seminar” at the Northwestern Pritzker School of Law, on March 31, 2021
“Extremism in the Military Panel” (Panelist) at Military and Veterans Law Society at Lewis & Clark Law School with Professor Tung Yin, on March 17, 2021.
“Still in Prison Virtual Town Hall” (Panelist) at Still in Prison Virtual Town Hall with ACLU of Oregon, We Out Here Magazine, Brown Hope, and Color Of Change, on April 22, 2021.
“The Death Penalty in Oregon” (Webinar) for What is All of Beaverton Read the Same Book? at Beaverton Library on January 14, 2021.
“Self-Evident and Sacred Truths: COVID19, Race and Prisoners” (CLE Lecture), Solomon’s Legacy, September 9, 2020.
“U.S. Multidistrict and Class Action Litigation: The Volkswagen Clean Diesel Controversy” (Lecture). Institute for Globalization of Rule of Law Transnational Law Program, Bahcesehir University, Istanbul, Turkey (Remote), July 15, 2020.
“Promoting Economic Justice During a Pandemic” (Lecture), International Conference on Clinical Legal Education & Legal Aid, with Julieanna Elegant, Executive Director of SBLC. Remote (India). May 2, 2020.
“Basic LLC Formation” (CLE Lecture). Remote (Portland, OR). April 23, 2020.
“Renegotiating Your Business Lease: Information and Tips for Challenging Times” (Live Webinar). Portland, OR. April 3, 2020.
“Securities and Consumer Litigation: Pathways and Hurdles” (Lecture), co-sponsored by the Institute for Law & Economic Policy and the Fordham Law Review, New York, NY, Feb. 28, 2020.
“Development of Lesson Plans and Teaching Demonstrations” (Workshop) at Training of Trainers, Global Alliance for Justice Education Worldwide Conference with Andrés Gascón Cuenca, University of Valencia. Bandung, Indonesia. December 9, 2019.
“Legal Issues for the Entrepreneur: Tools to Manage Risk and Liability” (Lecture). Introduction to Entrepreneurship and Innovation Class. Lewis & Clark College, Portland, OR. November 21, 2019.
Panelist for “Who Owns Your Ink?”, Intellectual Property Student Organization and the Federal Bar Association, Portland, OR, November 14, 2019.
“Immigration and the Workplace: I-9 Audits, No Match Letters & Raids” (CLE Lecture). Oregon Labor and Employment Relations Conference. With Liani Reeves of Bullard Law & Jordan Cunnings of Innovation Law Lab. Portland, OR. November 6, 2019
- Media
Media Appearances
Interviewed by Conrad Wilson for OPB on “Oregon Democrats agree to nonunanimous jury bill changes after crime victims testify” on February 22, 2022.
Op-ed for the Oregonian on “Opinion: SB 1511 offers a commonsense fix for unjust verdicts” on February 16, 2022.
Interviewed by Noelle Crombie for Oregonian on “Aggravated murder convictions of former Gladstone cop accused of killing wife overturned by Oregon Court of Appeals” on February 9, 2022.
Interviewed by Conrad Wilson for OPB on “Proposal to address older nonunanimous jury convictions in Oregon angers crime victims” on February 4, 2022.
Interviewed by Garrett Andrews for OPB on “Woman, 25, hopes new law can expunge record New law in Oregon will allow former defendants to appeal sentences ‘in the interest of justice’” on December 2, 2021.
Interviewed by Kyle Iboshi for KGW on “Where charges stand for the 8 suspects from Oregon, SW Washington arrested in connection to the Jan. 6 insurrection” on January 6, 2022.
Interviewed by Noelle Crombie for Oregon Live on “Zoom calls with Gov. Kate Brown: Prisoners meet in one-on-one sessions amid commutation push” on November 5, 2021.
Interviewed by Maxine Bernstein for the Oregonian on “Retired Hood River County DA accused of issuing criminal citation at hospital due to alleged ‘personal agenda‘” on October 12, 2021.
Interviewed by Eva Herscowitz for The Crime Report on “Forensic Testimony Distorted by ‘Implicit’ Racial Bias: Paper” on September 2, 2021.
Interviewed by Simon Gutierrez for KPTV News on “Legal challenges likely after Biden issues vaccine mandates” on September 13, 2021.
Interviewed by the Associated Press for US News & World Report on “District Attorney Creates Unit to Review Past Convictions” on September 2, 2021.
Interviewed by Noelle Crombie for the Oregonian on “Multnomah County DA Mike Schmidt hires criminal defense lawyer to review past convictions, sentences” on September 1, 2021.Interviewed by Wright Gazaway for KATU on “Lawyer fights for new trial for hundreds of Oregon people convicted by non-unanimous jury” on August 4, 2021.
Interviewed by Jonathan Randles for Wall Street Journal on “How Bankruptcy Could Help Johnson & Johnson Corral Vast Talc Litigation” on July 20, 2021.
Interviewed by Maggie Vespa for KGW on “Fed up with protests and politicians, Portland police union president pushes for new state laws” on October 1, 2020.
Interviewed by Tyler Broker for Above the Law on “The Modern Free Exercise Doctrine is Inconsistent and Dishonest” on March 29, 2021.
Interviewed by Mark Joseph Stern for Slate on “The Supreme Court broke its own rules to radically redefine religious liberty” on April 12, 2021.
Interviewed by Brendan Pierce for Reuters on “How COVID and Shadow Docket Exploded SCOTUS’ Scope of Religious Freedom” on June 17, 2021.
Interviewed by Andrew Strickler for Law360 on “The Sharpest Dissents from the Supreme Court term” on July 6, 2021.
Interviewed by Julian Heissler for WirtschaftsWoche on “Trophies from the Laboratory” on April 6, 2021.
Interviewed by Clair Linzey for the Oxford Centre for Animal Ethics on “Animal Ethics and Law: Creating Positive Change for Animals” on May 11, 2021.
Interviewed by Louise van der Merwe for Animal Voice Magazine on “Aquatic Animal Law - the New Frontier in Animal Law”, March 1, 2021.
Interviewed by Conrad Wilson for Oregon Public Broadcasting on “Court fight to protect racial justice protesters could benefit US Capitol attackers”, May 6, 2021.
Interviewed by Jaimie Ding for The Oregonian on “Nonunanimous juries — recently ruled unconstitutional — convicted hundreds sitting in Oregon prisons. Now, they want a fair trial”, March 22, 2021.
Interviewed by Blair Stenvick for Portland Mercury on “Non-Unanimous Jury Convictions Are Over. But What Happens to the People Oregon Already Wronged?”, March 10, 2021.
Interviewed by Noelle Crombie for Oregonian on “Gov. Kate Brown’s clemency authority is absolute, state attorneys say in asking judge to dismiss challenge” on February 17, 2022.
Interviewed by Connor Radnovich for Statesman Journal on “Proposal to retry hundred of Oregon inmates advances with some changes” on February 15, 2022.
Interviewed by Dave Miller for OPB on “Oregon bill may give those convicted by non-unanimous juries a chance to have cases reexamined” on February 11, 2022.
Interviewed by AP for AP News on “Lawsuit: Governor unlawfully commuting prison sentences” on January 20, 2022.
Interviewed by Conrad Wilson for OPB Radio on “Where Jan. 6 cases stand against NW defendants a year later” on January 6, 2022.
Interviewed by Sarah Hurwitz for KPTV on “OSHA suspends enforcement of federal vaccine mandate for large companies” on November 18, 2021.
Interviewed by Conrad Wilson for OPB on “Oregon governor grants review hearing for some of state’s longest serving juvenile offenders” on October 21, 2021.
Interviewed by the Andrew Selsky for US News & World Report on “District Attorney Creates Unit to Review Past Convictions” on September 2, 2021.
Interviewed by Max Egener for Beaverton Valley Times on “WashCo DA Kevin Barton weighs in on non-unanimous juries” on September 2, 2021.
Interviewed for The Crime Report on “Forensic Testimony Distorted By “Implicit” Racial Bias: Paper” on September 8, 2021.
Interviewed by Noelle Crombie for the Oregonian on “Oregon State Police troopers, firefighters sue Gov. Kate Brown over COVID-19 vaccine mandate” on September 3, 2021.
Interviewed by Christine Speidel for Procedurally Taxing on “Updates for ITIN Holders” on August 9, 2021.
Interviewed by Ariane de Vogue for CNN on “Religious groups eye legal challenges to Delta variant restrictions and vaccine mandates” on August 2, 2021.
Interviewed by Lashay Wesley for KATU on “Law enforcement group’s 2022 initiative could limit public gatherings” on September 20, 2020.
Interviewed by the Associated Press on “2 Supreme Court justices slam court’s 2015 decision in gay marriage case” on October 6, 2020.
Interviewed by Marcia Coyle for National Law Journal on “Conservative justices, using unsigned order, expand pro-religious stance, scholars say” on April 11, 2021.
Interviewed by Liliana Frankel for Malheur Enterprise on “Ontario City Council removes Justus from meeting for holding signs” on May 21, 2021.
Interviewed by J. Craig Williams for Legal Talk Network, Lawyer to Lawyer Podcast on “SCOTUS & Religious Freedom” on June 25, 2021.
Interviewed by Dave Miller for OPB on “Pardons and Commutations Rising in Oregon” on July 7, 2021.
Interviewed by Kate Taylor for the Oregon State Bar Bulletin on “Animal’s Best Friends” on November 1, 2019.
Interviewed by Mary Schwager for Dogster (magazine) on “Does your Dog Need a Lawyer?”, February 3, 2021.
Interviewed by Noelle Crombie for The Oregonian for “Bill allowing DAs and prisoners to ask the court to review sentence, conviction heads to governor’s desk”, June 8, 2021.
Interviewed by Tom Casciato with PBS for “Convictions by non-unanimous juries were banned in 2020. What happens to those imprisoned by them?”, March 28, 2021.
Interviewed by Virginia Barreda for Statesman Journal on “Salem Man Gets New Trial, Lesser Sentence”, March 14, 2021.
Interviewed by Conrad Wilson for OPB on “Oregon Supreme Court upholds sentencing laws for juveniles convicted of murder”, March 4, 2021.
- Publications
Publications
Salmon and the Clean Water Act: An Unfinished Agenda, 51 Env’t. L. Rep. (forthcoming 2022) (with Michael Benjamin Smith).
Designing the 4ºC Electricity System to Achieve a 2ºC Future, Env. Law Prof Blog
Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills, (Carolina Academic Press, forthcoming 2021) (with Robin Boyle and Christine Coughlin).
Using Entry Ticket Attendance: Moving Beyond “Pass the Sign-In Sheet” to Engage With Each Student, Every Day, The Second Draft (Legal Writing Institute, 2021).
Intellectual Property: Cases & Materials (Semphamore Press, 2021).
Understanding the Intersection of Taxation and Immigration, Effectively Representing Your Client Before the IRS (2021) (with Anthony Dohring and Anna Tavis).
Examining Anti-Cruelty Enhancements - Historical Context and Policy Advancements, Carceral Logic (Oxford University Press, 2019) (with Justin Marceau and Lori Gruen).
Environmental Law, Disrupted by Covid-19, 51 Env’t. L. Rep. (2021).
Arguing About Antisemitism: Why We Disagree About Antisemitism, and What We Can Do About It, Ethnic & Racial Studies (forthcoming 2021) (with Dov Waxman and Adam Hosein).
The Judicial Panel on Multidistrict Litigation: The Virtues of Unfettered Discretion, 89 UMKC L. Rev. (2021).
The Future of U.S. Aggregate Litigation, International Handbook on Class Actions (Cambridge University Press, 2021).
Sadomasochistic Judging, 35 Const. Comm. 437 (2020).
Undamming the Pacific Northwest: An Update, Env’t. L. Online (2021).
The Participation Principle and the Dialectic of Sovereignty-Sharing, 44 Seattle U. L. Rev. (2021).
Opinion, SB 819 Aims to Get Prisoners Back in Court, Statesman J. (Apr. 23, 2021).
Housing Preference Policies under the Fair Housing Act, Lewis & Clark L. Rev. (Mar. 1, 2021).
Article 15: Compliance, A Commentary on the Paris Agreement on Climate Change (Edward Elgar, forthcoming 2021) (with Bryce Rudyck and Rueanna Haynes).
Corporations, CSR, and Carbon Majors, Research Handbook on Loss and Damage (Edward Elgar, forthcoming 2021).
Companies and Climate Change: Theory and Law in the United Kingdom (Cambridge U. Press, 2021).
Aquatic Animal Law (Carolina Academic Press, forthcoming 2022) (with Kelly Levenda, Rebecca Jenkins, Amy P. Wilson, and Sonia Waisman).
Renewable Energy and Trade: Meeting the Paris Agreement’s Goals Through Strategic Compliance, 22 Minn. J. Sci., L. & Tech. (2021).
Intellectual Property, Oxford Handbook of International Environmental Law (Oxford U. Press, 2020).
Environmental Law Disrupted by COVID-19, in Env’t. L. Disrupted. (Env’t. L. Rep., 2020).
The Traditional Burdens for Final Injunctions in Patent Cases c.1789 and Some Modern Implications, 71 Case W. Res. L. Rev. (2020) (with Sean Bottomley).Climate Change Law in the Commonwealth – Policy Blockages and Judicial Innovations, The Round Table: Commonwealth J. of Int’l Aff. (2020).
Right-Sizing the Supreme Court: A History of Congressional Changes, 72 Case W. Res. L. Rev. (forthcoming 2021) (with Kate Flanagan & Annamarie White).
Brief for the United States as Amicus Curiae Supporting Respondent, Gateway City Church, et al., v. Gavin Newsom, Governor of California, et al., _ _ _ U.S. _ _ _ (2021) (No. 21-15189) (with Caroline Mala Corbin, et al.).
The Mistake on the Snake: The Lower Snake River Dams, 57 Idaho L. Rev. (forthcoming 2021).
The TCJA and the Gutting of the ‘Country Contiguous’ Language, 100 Taxnotes States (Apr. 5, 2021).
Copyright in a Global Information Economy (Wolters Kluwer, 5th ed. Supp. 2021).
Industrial Animal Agriculture Law: Cases and Materials (Carolina Academic Press, forthcoming 2022) (with Bruce Myers and Sonia Waisman).
Animal Law in a Nutshell (West Academic, 3d ed., 2020) (with Sonia Waisman and Kathy Hessler).
Companies and Climate Change Theory and Law in the United Kingdom (Cambridge University Press, 2021).
Fulton quiets Tandon’s thunder: A free exercise puzzle, SCOTUSblog (2021).
Introduction to the Study of U.S. Law: Cases and Materials (West Academic, 2d ed., 2021).
Natural Gas Lock-in, 69 Kan. L. Rev. (2021).
The Protection of Nature and a New Constitution for Chile: Lessons from the Public Trust Doctrine, A Report to the Chilean Constitutional Drafters (Chile California Conservation Exchange, May 2021) (with Carl Bauer, et. al.).
Aquatic Animal Law in a Nutshell, West Academic, (3d ed., 2021) (with Sonia Waisman and Pamela Frasch).
The Public Trust Doctrine Fifty Years after Sax and Some Thoughts on its Future, 44 Pub. Lands & Res. L. Rev. (forthcoming 2021) (with Zach Schwartz).
Opinion, A Way to End Litigation Around Salmon and Dams, Portland Bus. J. (March 19, 2021).
Learning from the Jeffrey Epstein Mess: It’s Time to Add a Cause of Action for Damages to the Crime Victims’ Rights Act, 69 Kan. L. Rev. (forthcoming 2021).
Compliance in Trade and Environmental Law, Encyclopedia on Trade & Environmental Law (Edward Elgar, forthcoming 2021).
Climate Risk Disclosure and Fiduciary Duties, Research Handbook on Climate Finance and Investment Law (Edward Elgar, forthcoming 2021).
Contracts, Examples and Explanations (Wolters Kluwer, 8th ed., 2021).
The Protean Concept of Materiality in Contract Law, 3 Mich. L. Rev. (2020).
The Rights and Responsibilities of Corporations: New Directions in Environmental Litigation, Research Handbook on Transnational Environmental Law (Edward Elgar, 2020).
Cases and Problems in Civil Rights Litigation: State, Federal, and International Perspectives (Semaphore Press, 3d ed., 2020).
The Disruptive Potential of Juliana v. United States on Future Federal Climate Litigation, Environmental Law, Disrupted by COVID-19, Env’t. L. Rep. (2021) (with Juliane Fry).
Group Companies and Climate Change: Re-Interpreting Corporate Doctrines in the Global North for Climate Equity in the Global South?, Current Legal Probs. (2020).
Building Climate Jurisprudence in the Global South: India’s Critical Role, Indian L. Rev. (2020) (with Akriti Bhargava).
- Appointments and Service
Appointments and Service
Appointed to serve a two-year term as Co-Chair for the Pro Bono and Tax Clinics Committee of the ABA Tax Sectio (July 2020-July 2022).
Volunteer member of Ad Hoc group for the Chilean Constitutional Vote. Drafted white paper introducing the public trust doctrine to Chilean lawyers and academics. Participating in ongoing deliberations that hopefully will result in constitutional language that the Chilean electorate will adopt. May 1, 2020, through December 31, 2021.
Delcianna Winders
Elected Executive Committee Member for AALS Section on Animal Law on January 5, 2020, to serve a one-year term.
Delcianna Winders
Volunteer Planning Committee Member for Animal Law Conference on December 3, 2019, until November 1, 2020.
Oregon Supreme Court amicus brief in Chernaik v. Brown (Principal Author). In support of plaintiffs’ claim that the state of Oregon breached its public trust obligations by not developing a scientifically defensible plan to curb greenhouse gas emissions that are destabilizing the climate. Signed by 102 law teachers. July 31, 2019.
Volunteer advisor on HB 2835, Oregon Waterway Access Bill. Made several comments on the contents of a waterway access bill, designed to improve public access from state lands to floatable (navigable) waters. 2019.
Appointed to the Facilitative Branch of the United Nations Framework Convention on Climate Change Compliance Committee on March 1, 2019 to serve a 3-year term.
Signer of comments on the U.S. Department of the Interior proposed rule that would scuttle regulations preventing the waste of methane gas from leases on federal lands. April 23, 2018.
Coordinator and editor for an amicus brief supporting a review of North Carolina v. Alcoa in the U.S. Supreme Court. November 6, 2017–December 8, 2017.
Drafter of the amicus brief for 35 law professors and several waterkeeper organizations in support of a request for review by the Oregon Supreme Court of a Court of Appeals decision that denied public access to a public lake from public parklands. June 1, 2017–June 20, 2017.
Moderator for Business of Food panel at the 2017 Food Law Symposium at Lewis & Clark Law School, March 2017.
Elected treasurer of the board of directors for the Virginia Garcia Memorial Health Center. August 24, 2016.
Drafter of and coordinator for law professors’ comments on proposed U.S. Bureau of Land Management land planning rules, particularly those related to treatment of “areas of critical environmental concern.” June 5, 2015–May 24, 2016.
Member of the Federal Sentencing Commission’s Victim Advisory Group, which is charged with making recommendations regarding federal sentencing guidelines. Appointed August 18, 2014.
Cochair of the National Legal Writing Institute’s Biennial Conference Site Committee. Portland, Oregon. July 1, 2014-July 16, 2016.
Cochair of the American Society of International Law’s Rights of Indigenous Peoples Interest Group. April 8, 2015-April 5, 2017.
Member of the planning team and speaker at the unveiling ceremony for the Oregon State Bar’s Diversity and Inclusion Story Wall. Oregon State Bar, Tigard, Oregon. November 2014.
Organizer for the 2015 Lewis & Clark Law School Forum: Secrets, Poaching, Loyalty, and Liberty. Lewis & Clark Law School. November 1, 2014, through September 12, 2015.
Member of the Oregon Law Commission’s Standing Modernization Work Group charged with making a recommendation on whether to propose legislation enabling judicial review of a citizen initiative in state and federal courts in instances when the Attorney General refuses to defend the initiative. Salem, Oregon. October 1, 2014, through March 11, 2015.
Erin Ryan
Cochair of the faculty mentoring committee of the Association for Law, Property, and Society. Fall 2014.
Consultant to deans, administration, faculty, and community members starting a small business legal clinic. La Facultad de Derecho de la Universidad Cooperativa de Colombia, sede Bucaramanga (The Law School of the Universidad Cooperativa de Colombia in Bucarramanga, Colombia). August 2014.
Erin Ryan
Faculty peer reviewer of federalism scholarship proposed for Harvard Law Review. August 2014.
Organizer for the conference Bringing Outside In: Social Justice Collaborations in the Legal Writing Curriculum. Drexel University School of Law. June 2014.
Voting member of the Federal Civil Rules Advisory Committee. Appointed to second term May 2014.
Theresa Wright
Member of the Oregon State Bar’s Judicial Administration Committee.
Principal U.S. drafter of a report on the potential adoption of the public trust doctrine in the new Chilean Constitution, which will be voted on by the Chilean public in 2022. The report will be published in both Spanish and English under the auspices of Universidad Diego Portales and the Chile California Conservation Exchange. for Chile California Council. From July 1, 2020, through June 30, 2022.
Delcianna Winders
Volunteer Student Scholarship Selection Committee Member for Animal Legal Defense Fund Student Convention on January 29, 2020 until November 1, 2020.
Delcianna Winders
Elected Executive Committee Member for AALS Section on Agricultural & Food Law on January 5, 2020 to serve a one-year term.
Appointed to serve two three-year terms (max. period) as the academic member of the Federal Civil Rules Advisory Committee.
Delcianna Winders
Appointed Advisory Board Member of Big Cat Sanctuary Alliance on Jun 19, 2019.
Drafted and circulated an amicus brief, in which 69 law professors signed, urging the Oregon Supreme Court to accept review of Chernaik v. Oregon, which alleged that the state of Oregon breached its public trust duties by failing to attempt to control greenhouse gas emissions. March 22, 2019.
Legal Hackathon (Participant). Multnomah Bar Association. Portland, OR. May 17, 2018.
Appointed Vice Chair of the American Bar Association Pro Bono and Tax Clinics Committee from July 1, 2018 to December 31, 2019.
Organizer of the Lewis & Clark Law Review’s 2017 Paper Symposium, Law and Religion in an Increasingly Polarized America.
Drafter of and coordinator for law professors’ comments to the Secretary of the Interior on the proclamation of the Cascade-Siskiyou National Monument. June 1, 2017–June 12, 2017.
Provider of comments to Crook County Court on a proposed natural resources management plan that would have attempted to put in place provisions against the federal government. August 29, 2016.
Member of the Practitioners’ Reading Group for the American Bar Association’s Standing Committee on the Federal Judiciary evaluation of the professional qualifications of U.S. Supreme Court nominee Judge Merrick Garland. 2016.
Judge for the final rounds of the Classroom Law Project’s We the People competition. Portland, Oregon. January 16, 2016.
Cochair of the National Legal Writing Institute’s Biennial Conference Site Committee. Portland, Oregon. July 1, 2014-July 16, 2016.
Organizer for the U.N. Convention on the Rights of the Child Implementation Project Colloquium: Doing the “Best” for Children and Young People? Best Interests, Welfare, and Well-Being. Edinburgh, Scotland. June 9-10, 2015
Jim Huffman
Appointed by President Obama and confirmed by the U.S. Senate for a six-year term on the board of trustees for the Morris K. Udall and Stewart L. Udall Foundation. Tucson, Arizona. February 1, 2015.
Member of the committee for editing and revising the American Society of International Law’s Benchbook on International Law. Chicago, Illinois. November 7-8, 2014.
Ozan Varol
Vice-chair of the younger comparativists committee (YCC) of the American Society of Comparative Law. October 2014.
Newsletter editor for the American Society of International Law’s Rights of Indigenous Peoples Interest Group. September 2, 2014, through May 31, 2015.
Erin Ryan
Faculty peer reviewer of federalism scholarship proposed for Yale Law Journal. August 2014.
Member of the 2015 Transactional Clinical Conference Planning Committee. June 1, 2014, through April 24, 2015.
Cofounder of the Oregon Innocence Project (OIP), which launched in April 2014 and began accepting cases in June 2014.
Organizer for the National Innocence Network Conference. Portland, Oregon. April 2014.
Theresa Wright
Member of the Oregon State Bar’s House of Delegates.
- Awards and Honors
Awards and Honors
Awarded the Huffman Scholarship Award for best scholarship published by a Lewis & Clark Law School professor in 2019. July 8, 2020.
Awarded the Leo Levenson Award for Excellence in Teaching, Lewis & Clark Law School, Portland, OR. May 16, 2020.
Requested by Bloomberg Law to create and populate an Innovation Board comprised of leading bankruptcy attorneys from law firms, academia, and the judiciary who will help guide the evolution of the Bloomberg Law Bankruptcy Treatise. October 2019.
Awarded the Doctoral Inaugural Lecture, which honors the best PhDs in the humanities at the University of Leicester, Leicester, UK. June 14, 2019.
Promoted to Editor-in-Chief of Bloomberg Law’s Bankruptcy Treatise - one of the foremost publications used by financial restructuring practitioners and researchers - by Bloomberg Law, July 2, 2018.
Recipient of a Fulbright-Schuman Grant from the Fulbright Commission in recognition of his innovative scholarship on municipal restructuring. In Spring 2019, he will be studying EU insolvency policy at various institutions throughout Europe and will be a visiting professor at Oxford University, March 7, 2018.
Cited multiple times by the U.S. District Court for the Eastern District of Louisiana federal judge presiding over the British Petroleum Oil Spill case. February 15, 2017.
Cited as “a leading administrative law expert” by U.S. Representative Hank Johnson of Georgia in his speech on the floor of the U.S. House of Representatives in opposition to HR 3438. C-SPAN, September 21, 2016.
Recipient of the 2016 Lifetime Service Award from the U.S. District Court of Oregon Historical Society. November 3, 2016.
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Natasha Dolezal, director of the Animal Law LL.M. Degree Program; Pamela Frasch, assistant dean of the Animal Law Program and executive director of the Center for Animal Law Studies; and Kathy Hessler, clinical professor of law and director of the Animal Law Clinic.
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Pamela Frasch, assistant dean of the Animal Law Program and executive director of the Center for Animal Law Studies; Kathy Hessler, clinical professor of law and director of the Animal Law Clinic; and Lindsay Kadish, director of operations for the Center for Animal Law Studies.
Recipient of the inaugural AALS Animal Law Section Award for Excellence in Animal Law: Teaching, Scholarship, and Service. January 9, 2016.
Recipient of the John W. Gillis Leadership Award, presented by the national organization Parents of Murdered Children. August 1, 2015.
Ozan Varol
Elected to membership in the Executive Committee for the American Society of Comparative Law. October 3, 2015.
Cited by the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music Corp. September 14, 2015.
Selected to participate in the George Mason Law & Economics Center’s Workshop for Law Professors on the Economics of Public Pension Reform. Palo Alto, California. May 27, 2015.
Elected to the American Law Institute. January 2015.
Named to the International Association of Procedural Law, an organization of the world’s leading civil procedure scholars. October 2014.
Awarded the National Crime Victim Law Institute Award in recognition for outstanding work on behalf of victims and dedication to the protection of society’s most vulnerable beings. September 23, 2020.
Named 2020 Outstanding Faculty by the Lewis & Clark College Student Leadership and Service board.
Co-Director of Border Criminologies, Border Criminologies at the University of Oxford’s Centre for Criminology.
University of Oxford, Faculty of Law. Invited to be a Visiting Professor of Law at Oxford University. October, 2018.
Named a 2018–2019 Fulbright scholar.
Named 2017 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
Selected as a Pound Institute Academic Fellow. October 17, 2016.
Named 2016 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Natasha Dolezal, director of the Animal Law LL.M. Degree Program; Kathy Hessler, clinical professor of law and director of the Animal Law Clinic; and Lindsay Kadish, director of operations for the Center for Animal Law Studies.
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Natasha Dolezal, director of the Animal Law LL.M. Degree Program; Pamela Frasch, assistant dean of the Animal Law Program and executive director of the Center for Animal Law Studies; and Lindsay Kadish, director of operations for the Center for Animal Law Studies.
Ozan Varol
Winner of the Federalist Society’s Young Legal Scholars Paper Competition for his paper “Structural Rights.” January 7, 2016.
Winner of the American Society for Legal History’s 2015 Sutherland Prize for his article “Copyright at Common Law in 1774,” 47 Connecticut Law Review (2014). November 1, 2015.
Ozan Varol
Elected chair of the Younger Comparativists Committee of the American Society of Comparative Law. October 3, 2015.
Named 2015 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School. May 2015.
Erin Ryan
Featured in an alumna spotlight by the Harvard Negotiation and Mediation Clinical Program newsletter. March 9, 2015.
Winner of the Southeastern Association of Law Schools 2015 Call for Papers for “A New Fulcrum Point for City Survival.” January 2015.
Named 2014 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
- Sort A-Z
Paula Abrams
Appointments and Service
Advisory member to the Oregon Law Commission Judicial Selection Work Group.
Presentations
Supreme Court Review (panel). American Constitution Society Supreme Court Review/Preview, Portland, Oregon. October 10, 2014.
At a national summit on reproductive health policy. Washington, D.C. May 2014.
“Roe at Risk.” American Constitution Society, Lewis & Clark Law School, Portland, Oregon. April 2014.
“Intersections in Reproductive Technology.” Yale University. April 2014.
“Roe at 41.” Lewis & Clark and Oregon Health & Science University, Portland, Oregon. January 2014.
“The General Welfare Clause of the Constitution.” League of Woman Voters, Portland, Oregon. 2013.
Publications
“The Bad Mother: Stigma, Abortion, and Surrogacy.” The Journal of Law, Medicine & Ethics, vol. 3, issue 2, 179-191 (November 4, 2015).
“The Bad Mother: Stigma, Abortion, and Surrogacy.” Journal of Law Medicine and Ethics, forthcoming 2014.
“Abortion Stigma: The Legacy of Casey.” Rutgers Women’s Rights Law Reporter, forthcoming 2014.
Lisa Benjamin
Appointments and Service
Appointed to the Facilitative Branch of the United Nations Framework Convention on Climate Change Compliance Committee on March 1, 2019 to serve a 3-year term.
Awards and Honors
Awarded the Doctoral Inaugural Lecture, which honors the best PhDs in the humanities at the University of Leicester, Leicester, UK. June 14, 2019.
Media Appearances
Interviewed by Kelsey Landis for “Environmental Law Students Are Behind a Movement to Protect Underrepresented Communities.” Insight into Diversity. July 15, 2019.
Publications
Companies and Climate Change Theory and Law in the United Kingdom (Cambridge University Press, 2021).
Article 15: Compliance, A Commentary on the Paris Agreement on Climate Change (Edward Elgar, forthcoming 2021) (with Bryce Rudyck and Rueanna Haynes).
Compliance in Trade and Environmental Law, Encyclopedia on Trade & Environmental Law (Edward Elgar, forthcoming 2021).
Corporations, CSR, and Carbon Majors, Research Handbook on Loss and Damage (Edward Elgar, forthcoming 2021).
Climate Risk Disclosure and Fiduciary Duties, Research Handbook on Climate Finance and Investment Law (Edward Elgar, forthcoming 2021).
Companies and Climate Change: Theory and Law in the United Kingdom (Cambridge U. Press, 2021).
Renewable Energy and Trade: Meeting the Paris Agreement’s Goals Through Strategic Compliance, 22 Minn. J. Sci., L. & Tech. (2021).
The Rights and Responsibilities of Corporations: New Directions in Environmental Litigation, Research Handbook on Transnational Environmental Law (Edward Elgar, 2020).
Intellectual Property, Oxford Handbook of International Environmental Law (Oxford U. Press, 2020).
Group Companies and Climate Change: Re-Interpreting Corporate Doctrines in the Global North for Climate Equity in the Global South?, Current Legal Probs. (2020).
Climate Change Law in the Commonwealth – Policy Blockages and Judicial Innovations, The Round Table: Commonwealth J. of Int’l Aff. (2020).
Building Climate Jurisprudence in the Global South: India’s Critical Role, Indian L. Rev. (2020) (with Akriti Bhargava).
Gender and Climate Justice – Implications for Policy Formation in the Caribbean Region, 66 Loy. L. Rev. (2020) (with Adelle Thomas).
“Climate Litigation in the Global South: Constraints and Innovations.” Transnational Environmental Law. Cambridge University Press, Cambridgeshire, UK. With Joana Setzer. August 31, 2019.
“The Climate Emergency and Human Rights: Reflections on the Report of the Special Rapporteur on Extreme Poverty.” Environmental Law Blog. Dalhousie University, Halifax, Nova Scotia, Canada. With Meinhard Doelle and Sara Seck. July 23, 2019.
“Non-economic loss and damage: lessons from displacement in the Caribbean.” Climate Policy. With Adelle Thomas. July 22, 2019.
“Directors are in the cross hairs of corporate climate litigation.” The Conversation, US. July 8, 2019
“Corporate Governance and Climate Change: Smoothing Temporal Dissonance to a Phased Approach.” Business Law Review, Vol. 40, pp. 146-160. With Stelios Andreadakis. June 30, 2019.
“The Road to Paris Runs Through Delaware: Climate Litigation and Directors’ Duties.” Utah Law Review. University of Utah S.J. Quinney College of Law, UT. April 22, 2020.
Brian Blum
Publications
Contracts, Examples and Explanations (Wolters Kluwer, 8th ed., 2021).
The Protean Concept of Materiality in Contract Law, 3 Mich. L. Rev. (2020).
Examples & Explanations (Bankruptcy and Debtor/Creditor). Seventh edition. Wolters Kluwer (April 18, 2018). With Samir Parikh.
Contracts: Examples and Explanations. Sixth edition. Wolters Kluwer Law & Business (2014).
Bankruptcy and Debtor/Creditor. Sixth edition. Wolters Kluwer Law & Business (2014).
Michael Blumm
Appointments and Service
Principal U.S. drafter of a report on the potential adoption of the public trust doctrine in the new Chilean Constitution, which will be voted on by the Chilean public in 2022. The report will be published in both Spanish and English under the auspices of Universidad Diego Portales and the Chile California Conservation Exchange. for Chile California Council. From July 1, 2020, through June 30, 2022.
Volunteer member of Ad Hoc group for the Chilean Constitutional Vote. Drafted white paper introducing the public trust doctrine to Chilean lawyers and academics. Participating in ongoing deliberations that hopefully will result in constitutional language that the Chilean electorate will adopt. May 1, 2020, through December 31, 2021.
Oregon Supreme Court amicus brief in Chernaik v. Brown (Principal Author). In support of plaintiffs’ claim that the state of Oregon breached its public trust obligations by not developing a scientifically defensible plan to curb greenhouse gas emissions that are destabilizing the climate. Signed by 102 law teachers. July 31, 2019.
Volunteer advisor on HB 2835, Oregon Waterway Access Bill. Made several comments on the contents of a waterway access bill, designed to improve public access from state lands to floatable (navigable) waters. 2019.
Drafted and circulated an amicus brief, in which 69 law professors signed, urging the Oregon Supreme Court to accept review of Chernaik v. Oregon, which alleged that the state of Oregon breached its public trust duties by failing to attempt to control greenhouse gas emissions. March 22, 2019.
Signer of comments on the U.S. Department of the Interior proposed rule that would scuttle regulations preventing the waste of methane gas from leases on federal lands. April 23, 2018.
Coordinator and editor for an amicus brief supporting a review of North Carolina v. Alcoa in the U.S. Supreme Court. November 6, 2017–December 8, 2017.
Drafter of the amicus brief for 35 law professors and several waterkeeper organizations in support of a request for review by the Oregon Supreme Court of a Court of Appeals decision that denied public access to a public lake from public parklands. June 1, 2017–June 20, 2017.
Drafter of and coordinator for law professors’ comments to the Secretary of the Interior on the proclamation of the Cascade-Siskiyou National Monument. June 1, 2017–June 12, 2017.
Provider of comments to Crook County Court on a proposed natural resources management plan that would have attempted to put in place provisions against the federal government. August 29, 2016.
Drafter of and coordinator for law professors’ comments on proposed U.S. Bureau of Land Management land planning rules, particularly those related to treatment of “areas of critical environmental concern.” June 5, 2015–May 24, 2016.
Media Appearances
- “The dramatic dismissal of a landmark youth climate lawsuit might not close the book on that case,” Environmental Law Professor Blog, The Oregonian, January 23, 2020.
“Arguments Over Our Future”, Opinion, The Register-Guard, Eugene, OR, November 12, 2019.
Eugene Register-Guard on “Rough Waters on Lake Oswego” regarding Oregon public trust doctrine, August 29, 2019.
Interviewed by Brent Kendall & Jess Bravin for “Supreme Court Sides With Property Owners in Local Land-Use Case.” The Wall Street Journal, June 24, 2019.
Interviewed by Ellen Gilmer for “5 Things to Watch in Kids’ Climate Case.” Climatewire. February 27, 2019.
Interviewed by Jim Dalrymple for “Trump’s Latest Pardons Could Fan Anti-Government Anger In The Rural West.” Buzzfeed News, July 10, 2018.
Interviewed by Shannon Osaka for, “Supreme Court Justice Kennedy is retiring. Here’s what that means for the environment.” Grist, June 27, 2018.
Interviewed by Daniel Jack Chasan for, “Will the state learn from another loss on tribal fishing rights?” Crosscut Magazine, June 12, 2018.
Interviewed by Conrad Wilson for, “Oregon Supreme Court Considers Lake Oswego Access Rules,” OPB, May 3, 2018.
Interviewed by Amanda Reilly for, “Highways, salmon habitat collide in tribal treaty rights case” Greenwire, April 17, 2018.
Interviewed by Adam Liptak, “Trump v. California: The Biggest Legal Clashes” for New York Times, 04/05/2018
Interviewed by Amanda Reilly for “Could ‘Sue-and-Settle’ Ban Backfire for the Trump Team?” Greenwire, January 16, 2018.
Op-ed, “The Trump Administration is redefining ‘the public’ in public lands,” Los Angeles Times, January 12, 2018.
Interviewed by Leah Sottile for “Judge Dismisses Federal Charges Against Nevada Rancher Cliven Bundy, Who Calls Himself ‘a Political Prisoner.’” Washington Post, January 8, 2018.
Interviewed by Stephen Hamway for “After Resource Plan, What’s Next for Crook County?” Bend Bulletin, November 18, 2017.
Interviewed by Jake Bullinger for “Trump Will Have a Hard Time Shrinking the Monuments.” Outside Magazine, September 8, 2017.
Interviewed by Anthony Macuk for “Fight for Lake Access Continues.” Lake Oswego Review, July 13, 2017.
Interviewed by Martin Cizmer for “Meet the Heroes Suing to Free Oswego Lake, the Portland Area’s Forbidden Paradise.” Willamette Week, June 14, 2017.
Interviewed by Ellen M. Gilmer for “Advocates Go to Court as Trump Unwinds Climate Policy.” Energywire, June 13, 2017.
Interviewed by Jennifer Yachnin for “Zinke’s Menu of Bears Ears Options Comes With Heartburn.” Greenwire, June 5, 2017.
Interviewed by Terry Boyd on the Court of Appeals decision regarding public access to Oswego Lake and prospects for review of the case by the Oregon Supreme Court. Terry Boyd’s World, KPAM-AM Radio, May 9, 2017.
Interviewed by Pamela King for “‘Skinny Budget’ Plants a Big Flag for Energy Production.” Energywire, April 13, 2017.
Interviewed by Pamela King for “‘Skinny Budget’ Plants a Large Flag for Energy Development.” Energywire, March 17, 2017.
Interviewed by Rob Davis for “After Malheur, Democratic Senator Allows Debate on Oregon Control of Federal Lands.” Oregonian, February 17, 2017.
Interviewed by Christopher Soloman for “What’s the Worst That Can Happen to the Environment Under Trump?” Outside Magazine, November 28, 2016.
Quoted by Eric Holthaus for “The Kids Suing Government Are Our Best Hope Now.” Slate Magazine, November 14, 2016.
Interviewed by Brittany Patterson for “Final Methane Rule Expected Soon.” ClimateWire, November 14, 2016.
Interviewed by Robin Bravender for “Even Lame Ducks Have Wings.” GreenWire, November 8, 2016.
Interviewed by Jeremy Jacobs for “Trump Could Tamp Down on the Bundys.” GreenWire, November 10, 2016.
Interviewed by Jeremy Jacobs for “Bundys Acquitted in ‘Huge Setback for Government.’” Greenwire, October 28, 2016.
Presentations
“Joe Sax’s Public Trust Doctrine 50 Years Later” (Presentation), George Washington annual Shapiro Symposium, April 9, 2021.
Panelist for “Chernaik v. Brown and the Atmospheric Trust Litigation” at Chernaik v. Brown and the Atmospheric Trust Litigation, Portland, Oregon, November 7, 2019.
“The Belloni Decision: Context and Legacy” at Symposium on U.S. v. Oregon After 50 Years, Portland, OR.
“Landmark Nuisance Law Cases and Some Environmental Lessons.” Northwestern Law School’s Annual Animal Law Workshop, Chicago, IL. April 19, 2019.
“The Wild and Scenic Rivers Act at 50.” Wild, Scenic and Beyond: 50 years of the Wild and Scenic Rivers Act, Vancouver, Washington. October 23, 2018. With Laird Lucas.
“The Stevens Treaties and Indigenous Rights in the Marine Environment.” Indigenous Rights in the Marine Environment Across the Globe, Tromsø, Norway. June 8, 2018.
Trump’s Plunder of Public Lands (panel). The Trump Administration and Environmental Law in Portland, OR, April 6, 2018.
Proprietary and Sovereign Public Trust Duties (panel). The Public Trust Doctrine in the 21st Century, Washington, D.C. March 16, 2018.
“Comments on the Crook Country Natural Resources Plan.” Crook County Court Hearing, Prineville, Oregon. November 7, 2017. With James Frasier JD ’17.
Recent Public Trust Cases Concerning the Atmosphere and Lake Access (CLE). Portland, Oregon. November 2, 2017.
“’No Ordinary Lawsuit’: Discussing the Juliana Decision.” University of Oregon Works in Progress workshop, Portland, Oregon. October 27, 2017. With Mary Wood.
National Monuments: The Case Against Presidential Revocation (panel). A Monumental Task: Will the Trump Administration Scale Back National Monuments?, American Constitution Society CLE, Portland, Oregon. August 2, 2017.
“A Short History of Public Land Law.” Oregon Natural Desert Association Action Night, Portland, Oregon. May 25, 2017. With Ken Rait.
Response to Secretary of the Interior’s request for comments on the propriety of the proclamation of Bears Ears National Monument. Washington, D.C. May 25, 2017.
Legality of the Cascade-Siskiyou National Monument Expansion (testimony). Meeting of the Subcommittee on Public Lands Oversight of the House Natural Resources Committee, Washington, D.C. May 2, 2017.
“Federal Constitutional Authority to Manage Public Lands.” Civil Rights in an Election Year, Portland, Oregon. October 21, 2016. With Dean Emeritus Jim Huffman.
History of Federal Lands and Purposes of Federal Land Management (panel). Federal Lands Management, Bend City Club, Bend, Oregon. May 19, 2016.
Groundwaters of the United States (panel). Waters of the United States—Environmental Law Symposium, Portland, Oregon. April 8, 2016.
“The Federal Public Trust Doctrine and Public Access to Oswego Lake: Two Law Professors’ Amicus Briefs.” Public Trust Doctrine Symposium, Lewis & Clark Law School, Portland, Oregon. April 10, 2015.
“The Public Trust Doctrine Abroad.” Vermont Law School. July 2014.
“NEPA and Wilderness: A Symbiotic Relationship.” Wilderness conference, Lewis & Clark Law School, Portland, Oregon. April 2014.
Publications
Salmon and the Clean Water Act: An Unfinished Agenda, 51 Env’t. L. Rep. (forthcoming 2022) (with Michael Benjamin Smith).
Right-Sizing the Supreme Court: A History of Congressional Changes, 72 Case W. Res. L. Rev. (forthcoming 2021) (with Kate Flanagan & Annamarie White).
The Mistake on the Snake: The Lower Snake River Dams, 57 Idaho L. Rev. (forthcoming 2021).
The Protection of Nature and a New Constitution for Chile: Lessons from the Public Trust Doctrine, A Report to the Chilean Constitutional Drafters (Chile California Conservation Exchange, May 2021) (with Carl Bauer, et. al.).
Undamming the Pacific Northwest: An Update, Env’t. L. Online (2021).
The Public Trust Doctrine Fifty Years after Sax and Some Thoughts on its Future, 44 Pub. Lands & Res. L. Rev. (forthcoming 2021) (with Zach Schwartz).
Opinion, A Way to End Litigation Around Salmon and Dams, Portland Bus. J. (March 19, 2021).
“Oregon’s Amphibious Public Trust Doctrine: The Oswego Lake Decision”, 50 Environmental Law 4, Lewis & Clark Law School, Portland, OR, with Ryan J. Roberts, November 30, 2020.
“The Public Trust Doctrine in Environmental and Natural Resources Law” (3rd edition), Carolina Academic Press, Durham, NC, with Mary Wood, November 30, 2020.
“Adding Confusion to the Muddy Waters of the Oswego Lake Decision: A Response to Dean Huffman”, Environmental Law On-Line, vol. 50, Lewis & Clark Law School, Portland, OR, with Ryan J. Roberts, July 24, 2020.
”A Dozen Landmark Nuisance Cases and Their Environmental Significance.” Arizona Law Review vol. 62, issue 2, University of Arizona, Tuscon, AZ. April 30, 2020.
“Environmental Law at 50: A Cutting-Edge Journal Examining the Central Issues of Our Time.” Environmental Law, Vol. 50, No. 1. January 1, 2020.
“The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century.” Environmental Law, vol. 49 ed. 4, Portland, OR. December 31, 2019. With Cari Baermann.
“Revisiting Background Principles in Takings Law.” Florida Law Review Vol. 71 No. 5, University of Florida, Gainsville, FL. October 1, 2019. With Rachel Wolfard ’19
“Revisiting Background Principles in Takings Litigation”, 71 Florida Law Review 5, 1165, University of Florida, Gainesville, FL. with Rachel Wolfard, September 30, 2019.
“The Wild and Scenic Rivers Act at 50: Overlooked Watershed Protection.” Michigan Journal of Environmental and Administrative Law, vol. 9, issue 1. University of Michigan (Forthcoming). With Max Yoklic.
“The Planet’s Future on the Judicial Docket.” The Oregonian (Guest Column). June 2, 2019. With Mary Christina Wood.
“Revisiting Background Principles in Takings Litigation.” Florida Law Review Vol. 71 Ed. 5, University of Florida, Gainesville, FL. With Rachel Wolfard (2019).
“Two cases that would protect the public’s right to a stable climate.” The Register-Guard (Guest Column). June 6, 2019. With Mary Christina Wood.
“Indigenous Rights in the U.S. Marine Environment: The Stevens Treaties and Their Efflects on Harvests and Habitat” (Chapter). Indigenous Rights in the Marine Environment. Hart Publishing Co.: London, England. (2019). With Olivier Jamin.
“The Fight Over Columbia Basin Salmon Spills and the Future of the Lower Snake River Dams.” Washington Journal of Environmental Law and Policy, vol. 9, issue 1, University of Washington (2019). With Doug DeRoy.
“Oregon court ignores climate danger in youth case” (Guest column). Oregonian. January 22, 2019. With Mary C. Wood
“Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Export Projects in the Pacific Northwest,” Law Review Article Vol. 30 Ed. 1, University of Colorado 01/15/2019
- “These Kids and Young Adults Want Their Day in Court.” The Conversation, October 23, 2018. With Mary Wood.
Native American Natural Resources Law: Cases and Materials(coeditor). Fourth edition. Carolina Academic Press (2018).
Commented on Department of the Interior proposed rule, opposed the proposal because it would scuttle regulations preventing the waste of methane gas, a prime greenhouse gas pollutant, from leases on federal lands. Called for maintaining the standards set in a 2016 rule, 04/23/2018.
Commented on Department of the Interior proposed rule, opposed the proposal because it would scuttle regulations preventing the waste of methane gas, a prime greenhouse gas pollutant, from leases on federal lands. Called for maintaining the standards set in a 2016 rule, 04/23/2018.
“List of Action-Items for a Post-Trump Administration” (contributor and editor). Greenflash (April 13, 2018).
“Proprietary and Sovereign Public Trust Obligations: From Justinian and Hale to Lamprey and Oswego Lake,” Vermont Law Review Vol. 43 ed.1, 2019.
Amicus brief contending that the full court should reverse a panel decision that misapplied the “zone of interest” standing test and denied environmental groups the opportunity to challenge a uranium mining claim on national forest land withdrawn from mining because it was adjacent to Grand Canyon National Park (February 5, 2018).
John A. Bogdanski
Presentations
“Recent Developments in Federal Tax Valuation.” Willamette Valley Estate Planning Council, Salem, Oregon. January 12, 2016.
Recent Developments in Federal Tax Valuation (CLE). Oregon Law Institute, Portland, Oregon. December 11, 2015.
Publications
“Courts Finally Warm to Tax Affecting”, Estate Planning vol. 47, Thomas Reuters, New York, NY, May 2020.
“From Russia, With ‘Boot’: Tseytin.” Corporate Taxation, vol. 45, issue 1, Thomson Reuters (January 2018).
“Internet Sales Bolster Market-Based Valuation.” Estate Planning, vol. 44, issue 12, Thomson Reuters (December 2017).
“Nonqualified Preferred Stock and the Participation Paradox.” Corporate Taxation, vol. 4. Thomson Reuters/Tax & Accounting (forthcoming September 2017).
“Valuation Penalties and Collections of Assets.” Estate Planning, Vol. 44, issue 6. Thomson Reuters/Tax & Accounting (June 1, 2017).
“The STARS (Cases) Are Back in Alignment.” Corporate Taxation,vol. 44, issue 2 (March/April 2017).
“Proposed Valuation Regulations: Aggressive, Unclear, Questionable.” Estate Planning, vol. 43 (forthcoming December 2016).
“Judicial Disarray on Insurance Company Stock.” Corporate Taxation, vol. 43, Thomson Reuters (forthcoming March 2016).
Federal Income Taxation of S Corporations. Fifth Edition. Thomson Reuters Tax & Accounting (forthcoming December 15, 2015). With James S. Eustice and Joel D. Kuntz.
“‘Net, Net Gifts’ and the Enigmatic Section 7520.” Estate Planning, vol. 43, issue 1, Thomson Reuters Tax & Accounting (forthcoming January 2016).
“‘See No Evil’ Defense Has Its Limits.” 42 Corporate Taxation 24 (March/April 2015).
“Treating Foreign Students at U.S. Colleges as Residents” (letter to the editor). 146 Tax Notes 1159 (March 2, 2015).
“Pay Up Now, Deduct Later (Maybe)–Ash Grove Cement Co.” 41 Corporate Taxation 27, (July/August 2014).
Bill Chin
Appointments and Service
Member of the planning team and speaker at the unveiling ceremony for the Oregon State Bar’s Diversity and Inclusion Story Wall. Oregon State Bar, Tigard, Oregon. November 2014.
Presentations
“Coming Together with our Asian American Pacific Islander Community: Learning and Listening”(Panelist) at the Bonneville Power Administration, along with other Asian American Pacific Islander panelists, on April 16, 2021.
“Extremism in the Military Panel” (Panelist) at Military and Veterans Law Society at Lewis & Clark Law School with Professor Tung Yin, on March 17, 2021.
“Equality and Inequality from the Past to the Present-The Deep Connections of Asian American and Pacific Islanders to Oregon” (Panelist) for the Oregon Department of Justice CLE, on May 5, 2021.
Measure 88 Safe Roads (panel). Asian Pacific American Network of Oregon, Warner Pacific College, Portland, Oregon. September 20, 2014.
Some Exclusionary Policies and Practices Pertaining to Asian Americans in Oregon’s History (CLE). Echoes of Inequality: A History of Oregon’s Exclusionary Laws, Oregon State Bar, Tigard, Oregon. September 12, 2014.
“Race in the Gun Debate.” Northeastern People of Color Legal Scholarship Conference, Puerto Rico. December 2013.
Publications
“Legal Inequality: Law, the Legal System, and the Lessons of the Black Experience in America.” Hastings Race & Poverty Law Journal Vol. 16 Ed. 109, UC Hastings College of Law, San Francisco, CA (2019).
“Serving Those Who Served: Providing Government-Funded Attorneys to Veterans Seeking Disability Benefits from the U.S. Department of Veterans Affairs.” University of San Francisco Law Review Vol. 54 Ed. 1. University of San Francisco Law School, San Francisco, CA. (2019.)
“Invasions and Civilians: The Special Duty of the United States to Aid Civilian War Sufferers Produced by U.S. Military Intervention.” Human Rights & Globalization Law Review (forthcoming).
“Law and Order and White Power: White Supremacist Infiltration of Law Enforcement and the Need to Eliminate Racism in the Ranks.” 6 J. L & Soc. Deviance (2013).
“Domestic Counterinsurgency: How Counterinsurgency Tactics Combined With Laws Were Deployed Against Blacks Throughout U.S. History.” 3 U. Miami Race Social Justice L. Rev. 31 (2013).
Robert Doeckel
Presentations
“Entry Ticket Attendance: Who’s Here and What’s Up” (Workshop) for Legal Writing Institute’s One Day Workshop at DePaul Univeristy, Chicago, IL, on December 3, 2020.
Publications
Using Entry Ticket Attendance: Moving Beyond “Pass the Sign-In Sheet” to Engage With Each Student, Every Day, The Second Draft (Legal Writing Institute, 2021).
Henry Drummonds
Appointments and Service
Organizer for the 2015 Lewis & Clark Law School Forum: Secrets, Poaching, Loyalty, and Liberty. Lewis & Clark Law School. November 1, 2014, through September 12, 2015.
Presentations
On U.S. tort/employment law (course). East China University of Political Science and Law, Shanghai, China. June 29, 2016.
“The Impact of International Human Rights Law on Labor and Employment Law.” Transnational Perspectives on Equality Law, American Association of Law Schools, Washington, D.C. June 2014.
“Public Policy Exception to Labor Arbitration Award Enforcement: Another Look at the Supreme Court’s Public Policy Trilogy.” Labor and Employment Relations Association. May 2014.
On class/representative waivers in mandatory arbitration agreements required as a condition of employment. Oregon Law Institute. May 2014.
On interest arbitration to the labor law class of William Gould (former chair of the U.S. National Labor Relations Board). Stanford Law School. March 2014.
Publications
“How to Avoid the Plague of Class/Representative Action Wage and Hour Suits.” 65 CCH Labor Law Journal, No. 2, (June 24, 2014).
Update to “International Human Rights and Its Impact on Labor and Employment Law.” International Labor and Employment Law, fourth edition, Keller and Darby. 2014.
“The Public Policy Exception to Labor Arbitration Award Enforcement: Another Look at the Supreme Court’s Public Policy Trilogy.”
Susan Felstiner
Appointments and Service
Legal Hackathon (Participant). Multnomah Bar Association. Portland, OR. May 17, 2018.
Moderator for Business of Food panel at the 2017 Food Law Symposium at Lewis & Clark Law School, March 2017.
Elected treasurer of the board of directors for the Virginia Garcia Memorial Health Center. August 24, 2016.
Consultant to deans, administration, faculty, and community members starting a small business legal clinic. La Facultad de Derecho de la Universidad Cooperativa de Colombia, sede Bucaramanga (The Law School of the Universidad Cooperativa de Colombia in Bucarramanga, Colombia). August 2014.
Member of the 2015 Transactional Clinical Conference Planning Committee. June 1, 2014, through April 24, 2015.
Member of the Oregon State Bar House of Delegates.
Member of the board of directors for the Virginia Garcia Memorial Health Center.
Presentations
“Promoting Economic Justice During a Pandemic” (Lecture), International Conference on Clinical Legal Education & Legal Aid, with Julieanna Elegant, Executive Director of SBLC. Remote (India). May 2, 2020.
“Basic LLC Formation” (CLE Lecture). Remote (Portland, OR). April 23, 2020.
“Renegotiating Your Business Lease: Information and Tips for Challenging Times” (Live Webinar). Portland, OR. April 3, 2020.
“Renegotiating Your Business Lease: Information and Tips for Challenging Times” (Live Webinar). Portland, OR. April 2, 2020.
“Development of Lesson Plans and Teaching Demonstrations” (Workshop) at Training of Trainers, Global Alliance for Justice Education Worldwide Conference with Andrés Gascón Cuenca, University of Valencia. Bandung, Indonesia. December 9, 2019.
“Legal Issues for the Entrepreneur: Tools to Manage Risk and Liability” (Lecture). Introduction to Entrepreneurship and Innovation Class. Lewis & Clark College, Portland, OR. November 21, 2019.
“Immigration and the Workplace: I-9 Audits, No Match Letters & Raids” (CLE Lecture). Oregon Labor and Employment Relations Conference. With Liani Reeves of Bullard Law & Jordan Cunnings of Innovation Law Lab. Portland, OR. November 6, 2019
“Asuntos legales para el emprendedor: Herramientas para Gestionar Riesgos y Responsabilidades£ (Lecture). Business Plan Basics Series presented by Impact Beaverton. Beaverton, OR. October 10, 2019.
“Legal Issues for the Entrepreneur: Tools to Manage Risk and Liability” (Lecture). Mercy Corps Business Foundations Class. Mercy Corps Northwest, Portland, OR. October 3, 2019.
Legal Issues for the Entrepreneur: Tools to Manage Risk and Liability (Lecture). Business Builders Class of Micro Enterprise Services of Oregon. Portland, Oregon, June 25, 2019.
ICE in the Workplace: A Training for Employers and Managers (Panel). Adelante Mujeres, Hillsboro, Oregon. May 30, 2019. With Liani Reeves and Erin Pettigrew.
Social Justice? Screening for Underrepresented Entrepreneurs (Panel). 2019 Transactional Clinical Conference, Berkeley, CA. May 3, 2019.
Employment Law Basics (Lecture). Employment Law Basics Training, Small Business Development Center, Blue Mountain Community College, Pendleton, OR. April 17, 2019. With Julieanna Elegant.
Minding Your Business: Legal Basics and Issues Faced by Entrepreneurs and Small Businesses Workshop (Lecture). Business Development Services, Confederated Tribes of the Umatilla Indian Reservation, Pendleton, OR. April 16, 2019. With Julieanna Elegant.
Demystifying Commercial Leasing (Lecture). How to Find & Lease the Right Location: Retail Business Builders Class, Small Business Development Center, Portland Community College, Portland, OR. April 16, 2019.
“Legal Issues for the Entrepreneur: Tools to Manage Risk & Liability” (Lecture). Legal Components of a Business, Business Building Series, Micro Enterprise Services of Oregon, Gresham, OR. April 9, 2019.
“Your Legal Shield and Characteristics of Business Entities” (Panel). Framework for an Unbreakable Foundation, Governor’s Marketplace, Salem, OR. March 21, 2019. With Carmen Madrid, Kaye Kloster and Stephen Richardson.
“Commercial Leasing” (Lecture). Impact Beaverton’s Small Business Education, Beaverton, OR. March 19, 2019. With Lindsey Daniel.
“Legal Risk Management Tools and Entity Selection” (Lecture). Portland State University MBA Launch in 9 Class. Portland, OR. February 28, 2019. With Brittany Medlin.
“Riesgos y Opciones para Pequeños Negocios y Selección y Formación de su Compañía” (Lecture). Fundamentos Legales de una Empresa, Beaverton, OR. December 5, 2018. With Itzel Lepe, Veronica Muriel, Tania Predovic, and Diego Gutierrez.
“Legal Risk Management Tools, Entity Selection & Formation, Intellectual Property Protections” (Lecture). Warm Springs Community Action Team Presentation, Warm Springs, OR. November 1, 2018. With Julieanna Elegant and Alison Roth.
“Commercial Leasing” (Lecture). Small Business Development Center Retail Business Builders Class, Portland, OR. October 10, 2018. With Brian Dasso.
“Employer and Employees Beware: I-9 Audits and Raids” (CLE). Employer and Employees Beware: I-9 Audits and Raids CLE, Portland, OR. September 28, 2018. With Liani Reeves and Erin Pettigrew.
“Legal Solutions for the Entrepreneur: Tools to Manage Risk and Liability” (Lecture). Micro Enterprise Services of Oregon Business Building Series. Portland, OR. September 19, 2018.
“Employer Know Your Rights” (Lecture). Employer Know Your Rights Workshop. Portland, OR. August 28, 2018. With Liani Reeves and Erin Pettigrew.
“Risk Management and Entity Selection,” SCORE Mentors Training, Tualatin, Oregon. June 26, 2018.
Legal Risk Management Tools (Lecture). Portland Mercado Empresarios Boot Camp. Portland OR. June 6, 2018.
“Setting Up Your New Business: The Legal Perspective.” Hacienda Community Development Entrepreneur Boot Camp, Portland, Oregon. June 6, 2018.
“Clinical Professor” (Lecture). Portland State University MBA Capstone Class, Portland, OR. May 24, 2018. With Brittany Medlin.
Lecture, “Legal Issues of Running a Business,” Portland State University Entrepreneurship Class, May 2018. Co-presented with SBLC Alumn Brittany Medlin, 05/24/2018.
George K. Foster
Appointments and Service
Cochair of the American Society of International Law’s Rights of Indigenous Peoples Interest Group. April 8, 2015-April 5, 2017.
Newsletter editor for the American Society of International Law’s Rights of Indigenous Peoples Interest Group. September 2, 2014, through May 31, 2015.
Peer reviewer for Yearbook on International Investment Law and Policy, Oxford University Press.
Media Appearances
Interviewed by Katherine Kisiel on President Obama’s visit to Portland to promote the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership. KATU News, May 8, 2015.
Presentations
“Avoiding Conflict and Promoting Cooperation in Industry-Community Relations.” Academy of Legal Studies in Business Annual Conference, meeting of the Environmental Law and Sustainability Section, Portland, Oregon. August 12, 2018.
“The Maya People of Southern Belize Consultation Framework.” Works-in-progress workshop of the American Society of International Law Dispute Resolution Interest Group, Lewis & Clark Law School, Portland, Oregon. November 10, 2017.
“Essential Preconditions for a Legitimate Indigenous-Industry Agreement.” Law and Politics of Indigenous-Industry Agreements, University of Saskatchewan College of Law, Saskatoon, Canada. October 14, 2017.
“Community Participation in Development.” 2017 Works-in-Progress Conference, American Society of International Law’s Rights of Indigenous Peoples Interest Group, Washington, D.C. April 13, 2017.
Resources, Rights, and Revenue-Sharing: Redefining Standards for Consultations With Indigenous Peoples (panel). Annual Meeting of the American Society of International Law, Washington, D.C. March 31, 2016. With Leonardo Crippa, Kirsty Gover, and Paul Wilson.
“Sleeper” Foreign Officials and Other Counter-Intuitive Theories of Liability Under the Foreign Corrupt Practices Act (panel). Lewis & Clark International Law Symposium: Managing Corruption Risks in International Business, Portland, Oregon. March 4, 2016. With Janet Hoffman, Kathleen McGovern, and Amy Deen Westbrook.
International Law Issues in Domestic Litigation (CLE). Multnomah Bar Association, Portland, Oregon. February 17, 2015. With Chris Helmer JD ’74 of Miller Nash Graham & Dunn.
“The Coming Mega-Regional Trade and Investment Partnerships: Controversies and Implications.” Business Law Society Lecture Series, Portland, Oregon. November 13, 2014.
Challenges to Arbitrators: Should the Challenge Process Be Overhauled? (panel). Eighth Annual Juris Investment Treaty Arbitration Conference, Washington, D.C.
Publications
The Participation Principle and the Dialectic of Sovereignty-Sharing, 44 Seattle U. L. Rev. (2021).
Essential Preconditions for an Indigenous-Industry Agreement with Community Legitimacy, Indigenous-Industry Agreements, Natural Resources and the Law (Routledge, 2020).
“Investor-Community Conflicts in Investor-State Dispute Settlement: Rethinking “Reasonable Expectations” and Expecting More from Investors”, 69 American University Law Review 105, Washington D.C., November 1, 2019.
“Community Participation in Development.” Vanderbilt Journal of Transnational Law, vol. 51, 39 (January 30, 2018).
“Combating Bribery of Indigenous Leaders in International Business.” Columbia Journal of Transnational Law, vol. 54, 59 (November 21, 2015).
“Challenges to Arbitrators: Should the Challenge Process Be Overhauled?” Investment Treaty Arbitration and International Law, Vol. 8, transcribed March 20, 2015. With Ian A. Laird, Frédéric G. Sourgens, et al.
“When Commercial Meets Sovereign: A New Paradigm for Applying the Foreign Sovereign Immunities Act in Crossover Cases.” 52 Houston Law Review 361, University of Houston Law Center (October 22, 2014).
“When Commercial Meets Sovereign: A New Paradigm for Applying the Foreign Sovereign Immunities Act in Crossover Cases.” 52 Houston Law Review __ , (forthcoming 2014).
Pamela Frasch
Awards and Honors
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Natasha Dolezal, director of the Animal Law LL.M. Degree Program; Kathy Hessler, clinical professor of law and director of the Animal Law Clinic; and Lindsay Kadish, director of operations for the Center for Animal Law Studies.
Recipient of the inaugural AALS Animal Law Section Award for Excellence in Animal Law: Teaching, Scholarship, and Service. January 9, 2016.
Presentations
“28th Annual Animal Law Conference” with Stephen Wells, ED of the Animal Legal Defense Fund, on October 23, 2020.
Lecture, “Anti-Cruelty Laws and the AWA,” The Law and Ethics of Animal Testing, Portland OR, July 19, 2018.
“Implementing Toxicity Testing in the 21st Century: Challenges and Opportunities.” Vol. 20 Journal of Toxicology and Environmental Health(2017).
“Beyond the Law: Nontraditional Approaches to Increasing Animal Protection.” III Global Animal Law Conference, Hong Kong, China. May 4, 2018.
“25 Years of Animal Law.” 25th Annual Animal Law Conference, Portland, Oregon. October 20, 2017.
“Animals in Entertainment: Legal Issues.” Animal Grantmakers’ Annual Conference, Portland, Oregon. October 15, 2017.
“Animal Law Education.” Animal Grantmakers’ Annual Conference, Portland, Oregon. October 15, 2017.
Animals in Agriculture: Challenges and Opportunities (panel). Eat, Pray, Law: A Food Forum, Lewis & Clark Law School, Portland, Oregon. March 13, 2015.
“Animal Law Education.” Global Animal Law Conference, Autonomous University of Barcelona Law School, Barcelona, Spain. July 12, 2014.
How Can I Get a Job Advocating for Animals? (panel). The 22nd Annual Animal Law Conference, Lewis & Clark Law School, Portland, Oregon. October 18, 2014.
“Animal Law in the United States.” Autonomous University of Barcelona Law School, Barcelona, Spain. March 19, 2015.
Publications
Examining Anti-Cruelty Enhancements - Historical Context and Policy Advancements, Carceral Logic (Oxford University Press, 2019) (with Justin Marceau and Lori Gruen).
Animal Law in a Nutshell (West Academic, 3d ed., 2020) (with Sonia Waisman and Kathy Hessler).
“Implementing Toxicity Testing in the 21st Century: Challenges and Opportunities.” Vol. 20 Journal of Toxicology and Environmental Health(2017).
“Gaps in U.S. Animal Welfare Laws for Lab Animals.” Institute for Laboratory Animal Research Journal(2017)
“Animal Law—A Global Phenomenon.” Global Journal of Animal Law (December 1, 2014), Abo Akademi University Department of Law, Finland. With Clinical Professor Kathy Hessler and Director Natasha Dolezal.
“Implementing Toxicity Testing in the 21st Century: Challenges and Opportunities.” Journal of Toxicology and Environmental Health, Part B (forthcoming September 2015). With Clinical Professor Kathy Hessler, Daniel Krewski, Bruce Meyers, Paul A. Locke, Joyce Tischler, and Margit Westphal.
Animal Law in a Nutshell. Second edition. West Publishing (forthcoming 2016). With Clinical Professor Kathy Hessler and Sonia S. Waisman.
Animal Law, Cases and Materials. Fifth Edition. Carolina Academic Press (2014). With Bruce A. Wagman and Sonia S. Waisman.
Nicholas Fromherz
William Funk
Appointments and Service
Member of the Oregon Law Commission’s Standing Modernization Work Group charged with making a recommendation on whether to propose legislation enabling judicial review of a citizen initiative in state and federal courts in instances when the Attorney General refuses to defend the initiative. Salem, Oregon. October 1, 2014, through March 11, 2015.
Editor of International Administrative Law (weekly e-journal), Social Sciences Research Network.
Editor of Administrative Law (weekly e-journal), Social Sciences Research Network.
Awards and Honors
Cited as “a leading administrative law expert” by U.S. Representative Hank Johnson of Georgia in his speech on the floor of the U.S. House of Representatives in opposition to HR 3438. C-SPAN, September 21, 2016.
Media Appearances
Interviewed by Lars Larson. Lars Larson Show, KXL-100 Radio, July 20, 2018.
Interviewed by Dave Miller on the fate of a Portland zoning provision that would have blocked construction of new petroleum tank farms. Think Out Loud, OPB Radio, August 28, 2017.
Interviewed by Lars Larson for “First Amendment Rights of Government Employees.” Lars Larson Show, August 23, 2017.
Interviewed by Michael Castner for “Indiana’s Religious Freedom Law.” The Morning Show, KEX Radio, March 31, 2015.
Interviewed by Michael Castner for “Judge Moore and Same-Sex Marriage in Alabama.” KEX Radio, February 13, 2015.
Presentations
“Recent Developments in Constitutional Law and Separation of Powers Law” (Panelist) at the American Bar Association’s Administrative Law and Regulatory Practice Section’s Annual Administrative Law Conference, on November 20, 2020.
Panelist for “Supreme Court Update – Administrative and Environmental Law”, Southeastern Ass’n of Law Schools Annual Conference, Online, July 31, 2020.
“Is the Environmental Appeals Board Unconstitutional or Unlawful?” Festschrift for Professor Funk, Lewis & Clark Law School, Portland, OR. April 5, 2019.
“The Future of Progressive Regulatory Reform – A Review and Critique of Two Proposals” (Conference). The Trump Administration and Administrative Law, Chicago, IL. November 30, 2018.
“Recent Developments in Constitutional Law and Separation of Powers” (Conference). Recent Developments in Administrative Law, Washington, DC. November 2, 2018.
“The Attack on the Administrative State.” Oregon Judicial Conference, Sunriver, Oregon. October 26, 2017.
“Recent Developments in Constitutional Law.” Administrative Law Conference, Washington, D.C. October 20, 2017.
“Slip, Slidin’ Away—The Erosion of APA Adjudication.” Rethinking Due Process, Antonin Scalia Law School of George Mason University, Arlington, Virginia. April 21, 2017.
Final Agency Action After Hawkes (panel). Evolving Justiciability: Discretionary Standing and Practical Finality?, Washington, D.C. December 8, 2016.
Recent Developments in Constitutional Law (panel). Recent Developments in Administrative Law, Washington, D.C. December 9, 2016.
Slip, Slidin’ Away—The Erosion of APA Adjudication (roundtable). Rethinking Due Process, Antonin Scalia Law School of George Mason University, Arlington, Virginia. January 27, 2017.
The Legacy of Justice Antonin Scalia (debate). Lewis & Clark Law School, Portland, Oregon. September 22, 2016. With Brian Fitzpatrick.
“Recent Developments in Federal Administrative Law.” National Association of Hearing Officers Annual Conference, Portland, Oregon. September 13, 2016.
“Make My Day! Dirty Harry and Final Agency Action.” Symposium on Waters of the United States, Portland, Oregon. April 8, 2016.
Warning Letters and Voluntary Compliance Programs—Is Sackett v. EPA a Game Changer? (panel). American Bar Association Administrative Law Institute, Washington, D.C. March 15, 2016.
“Supreme Court Cases This Term.” Center for Inquiry, Portland, Oregon. June 12, 2015.
“Hot Topics in Administrative Law.” Federal Judicial Center Workshop for Permanent Law Clerks, Pepperdine Law School, Malibu, California. March 12, 2015. With Chief Judge Patricia Campbell-Smith, U.S. Court of Federal Claims.
“Recent Developments in Constitutional Law.” American Bar Association Annual Administrative Law Conference, Washington, D.C. October 17, 2014.
“Recent Developments in Constitutional Law.” American Bar Association Annual Administrative Law Conference, Washington, D.C. October 17, 2014.
“The Future and Federal Administrative Law.” Oregon State Bar Northwest Administrative Law Institute, Vancouver, Washington. September 19, 2014.
“The Future and Federal Administrative Law.” Oregon State Bar Northwest Administrative Law Institute, Vancouver, Washington. September 19, 2014.
“David and Goliath—Taking on OIRA.” Environmental Law Without Congress conference, Florida State University. February 2013.
Publications
“Is the Environmental Appeals Board Unconstitutional or Unlawful?” Environmental Law, Portland OR. October 14, 2019.
“The Future of Progressive Regulatory Reform – A Review and Critique of Two Proposals.” Chicago-Kent Law Review, Chicago-Kent Law School, Chicago, IL. August 16, 2019.
“Recent Developments in Constitutional Law and Separation of Powers” in Recent Developments in Administrative Law and Regulatory Practice. ABA Press: Chicago, IL (2019).
“OMB Leveraging the CRA to Add to Its Oversight of Independent Regulatory Agencies.” Yale Journal on Regulation Blog. Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice, New Haven, CT. April 18, 2019.
“OMB Leveraging the CRA to Add to Its Oversight of Independent Regulatory Agencies.” CPR Blog. Center for Progressive Reform, Washington DC. April 16, 2019.
“Fallout from Lucia – Radioactive?” Yale Journal on Regulation, October 24, 2018.
Administrative Procedure and Practice. Sixth edition. West Academic (July 19, 2018).
“Trump’s Politicization of the Administrative Judiciary.” American Constitution Society blog (July 19, 2018).
“The Attack on Administrative Regulation.” [Article], Vermont Law Review, Vol. 42, No. 3 (March 21, 2018)
“Constitutional Law and Separation of Powers.” Developments in Administrative Law and Regulatory Practice 2017, ABA Press (August 2017).
“Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation.” The Regulatory Review, University of Pennsylvania Law School (May 18, 2017).
“Slip Slidin’ Away: The Erosion of APA Adjudication.” Penn State Law Review, vol. 122 (forthcoming September 13, 2017).
“Factoids, Alternative Facts, and the Truth.” Jotwell.com (forthcoming April 27, 2017).
“Final Agency Action After Hawkes.” NYU Journal of Law & Liberty, vol. 11, issue 1 (forthcoming May 15, 2017).
“Constitutional Law and Separation of Powers.” Developments in Administrative Law and Regulatory Practice 2015. ABA Press (2016).
Federal Administrative Procedure Sourcebook (editor). Fifth edition. ABA Publications (2016). With Jeffrey Lubbers.
“Response to Choosing a Court to Review the Executive.” Administrative Law Review Accord, vol. 67, 88, American University Washington College of Law (January 14, 2016).
“Standing” and “Agency Oversight by the Political Branches.” A Guide to Judicial and Political Review of Federal Agencies. Second edition. ABA Press (June 2015).
“David and Goliath—Taking on OIRA.” 30 Journal of Land Use and Environmental Law (Fall 2014), Florida State University School of Law.
On Kathryn Kovacs’ article “Superstatute Theory and Administrative Common Law.” Jotwell’s Administrative Law blog.
Column on recent articles of interest, Administrative and Regulatory Law News (quarterly). American Bar Association.
Teachers Manual for American Constitutional Law. West Academic, (2014).
Teachers Manual for Administrative Procedure and Practice. West Academic, fifth edition, (2014). With Sidney Shapiro and Russell Weaver.
Introduction to American Constitutional Law. West Academic, (2014).
Administrative Procedure and Practice. West Academic, fifth edition, (2014). With Sidney Shapiro and Russell Weaver.
“Drones, Due Process, and the Fourth Amendment.” 22 Wm. & Mary Bill Rts. J. 311, (2013).
Meg Garvin
Appointments and Service
Member of the Federal Sentencing Commission’s Victim Advisory Group, which is charged with making recommendations regarding federal sentencing guidelines. Appointed August 18, 2014.
Awards and Honors
Recipient of the John W. Gillis Leadership Award, presented by the national organization Parents of Murdered Children. August 1, 2015.
Presentations
On the state of crime victims’ rights in the military in the context of sexual assault, and on how the military’s special victims’ council program is performing. Judicial Proceedings Panel on Sexual Assault in the Military, Washington, D.C. November 14, 2014.
Tomás Gómez-Arostegui
Awards and Honors
Winner of the American Society for Legal History’s 2015 Sutherland Prize for his article “Copyright at Common Law in 1774,” 47 Connecticut Law Review (2014). November 1, 2015.
Presentations
“Copyright at Common Law in 1774.” Intellectual property colloquium, Stanford Law School.
“Copyright at Common Law Before 1710.” Legal history workshop, the faculties of law and history, University of Cambridge.
A paper on financial remedies in intellectual property cases. University of Cambridge conference.
Publications
- The Traditional Burdens for Final Injunctions in Patent Cases c.1789 and Some Modern Implications, 71 Case W. Res. L. Rev. (2020) (with Sean Bottomley).
“Copyright at Common Law in 1774.” 47 Connecticut Law Review __ , (forthcoming 2014).
“What History Teaches Us About U.S. Copyright Law and Statutory Damages.” 5 WIPO Journal 76, (2013).
John Grant
Publications
Pronounced for Doom: Early Scots Law Tales (editor). Avizandum (2013). With Elaine E. Sutherland.
“The Lockerbie Trial: Was It Independent, Dignified, and Scrupulously Fair?” 20 (4) Juridica 257, (2013).
“Deacon William Brodie.” Pronounced for Doom: Early Scots Law Tales, Avizandum, (2013).
Kathy Hessler
Awards and Honors
Awarded the National Crime Victim Law Institute Award in recognition for outstanding work on behalf of victims and dedication to the protection of society’s most vulnerable beings. September 23, 2020.
Recipient of the Stiftung für das Tier im Recht (TIR) International Animal Law Award for work in animal law education, scholarship, conferences, competition, legal development, and student mentoring. March 15, 2015. With Natasha Dolezal, director of the Animal Law LL.M. Degree Program; Pamela Frasch, assistant dean of the Animal Law Program and executive director of the Center for Animal Law Studies; and Lindsay Kadish, director of operations for the Center for Animal Law Studies.
Media Appearances
Interviewed by Kate Taylor for the Oregon State Bar Bulletin on “Animal’s Best Friends” on November 1, 2019.
Interviewed by Clair Linzey for the Oxford Centre for Animal Ethics on “Animal Ethics and Law: Creating Positive Change for Animals” on May 11, 2021.
Interviewed by Louise van der Merwe for Animal Voice Magazine on “Aquatic Animal Law - the New Frontier in Animal Law”, March 1, 2021.
Interviewed by Patti Lawson for “Laws for Paws: Custody Laws for the Family Pet.” Charleston Gazette-Mail. May 23, 2019.
Interviewed by Dave Miller for, “Legal Rights for Animals” Think Out Loud, OPB Radio, May 14, 2018.
Cited in “AWI’s Dr. Naomi Rose, Other Experts File Amicus Brief in Support of Lolita” Animal Welfare Institute Online, February 14, 2018.
Interviewed by Shannon Gormley for ”Portland is Home to the World’s First Animal Law Professor. We Asked Her about the Biggest Legal Issues with Pets.” Williamette Week, January 30, 2018.
Interviewed by Angela Morris for, “Animal Law Clinics Become Pet Projects at Law Schools.” Texas Lawyer, November 14, 2017.
Interviewed by Rick Rojas for “Abused Dogs and Cats Now Have a (Human) Voice in Connecticut Courts.” New York Times, August 27, 2017.
Interviewed by Jake Thomas for “Local Animal Law Required Release of a Pit Bull That Killed a Chihuahua.”The Columbian, February 19, 2017.
Interviewed by Carol McAlice for “Bill Would Protect Animals in Domestic Violence Situations.” Statesman Journal, May 29, 2015.
Interviewed by Rashah McChesney for “Bill Would Protect Animals in Domestic Violence Situations.” AP/Washington Post, February 1, 2016.
Interviewed by Kushagra Dixit for “What’s Wrong With Indian Government, Ask Animal Lovers.” Times of India, June 19, 2016.
Interviewed by Karin Brulliard for “In a First, Alaska Divorce Courts Will Now Treat Pets More Like Children.” Washington Post, January 24, 2017.
Interviewed by Molly Dischner for “Dog-loving Lawmakers’ Bill Addresses Pet Custody in Divorces.” Associated Press (picked up by San Antonio Express, Anchorage Daily Planet), April 23, 2015.
Interviewed by Alan Yuhas for “Chimpanzees Granted Petition to Hear ‘Legal Persons’ Status in Court.” The Guardian, April 22, 2015.
Interviewed by Elizabeth Jenkins for “HB 147 Would Give Pets Special Legal Considerations.” Alaska Public Radio KTOO, April 20, 2015.
Interviewed by Alan Yuhas for “The Rise of the Planet of the Legal Persons Formerly Known as Apes.” The Guardian, October 8, 2014.
Interviewed for “Hunted to Extinction.” The Lewis & Clark Chronicle, fall 2014.
Presentations
Animal Law Overview (Lecture). Lewis & Clark Law School, Portland, OR. September 13, 2019.
“Aquatic Animals: Using the Law to See and Protect Them” (Webinar Lecture). Aquatic Animal Law: Overview, Aquaculture, and Alternatives Webinar. June 14, 2019. With Becky Jenkins and Kelly Levenda.
Legal Considerations for Animal Activists and Protesters (Lecture). National Animal Rights Day, Portland, OR. June 3, 2019.
Overview of Aquatic Animal Law (Lecture). 2019 Animal Law Institute, Animal Law Section State Bar of Texas, Austin, TX. April 26, 2019.
The Role of Aquatic Animals in Animal Agriculture (Lecture). 2019 Animal Law Institute, Animal Law Section State Bar of Texas, Austin, TX. April 26, 2019.
Curriculum Planning (Lecture). Lewis & Clark College, Portland, OR. April 3, 2019.
Aquatic Animals, Using the Law to See and Protect Them (Lecture). Captivity: A Multidisciplinary Approach at University of Wisconsin, Madison, Madison, WI. March 28, 2019.
Laboratory Animal Law Guide (Presentation to stakeholders). Johns Hopkins University Bloomberg School of Public Health, Baltimore, MD. March 26, 2019. With Tess Vickery and Frances Chrzan.
Introduction, Overview and Welcome. Cycles of Violence: Examining the Relationship Between Human and Nonhuman Animal Oppression and Exploitation, Animal Law Symposium at Lewis & Clark Law School, Portland, OR. March 15, 2019.
Conflict Resolution and Animal Law (Lecture). Public Interest Environmental Law Conference at University of Oregon, Eugene, OR. March 2, 2019.
Other Types of Intensive Farming (Lecture). 26th Annual Animal Law Conference in Chicago, IL. October 14, 2018.
Animal Law - New Perspectives on Teaching Traditional Law (Webinar). Hosted online by Animal Legal Defense Fund. September 28, 2018. With Joyce Tischler and Pam Hart.
The Justice Case (Lecture). Lewis & Clark Law School, Portland, OR. September 26, 2018.
Animal Law Clinic (Panel). Overview of CALS Work at Animal Legal Defense Fund, Portland, OR. August 22, 2018.
Professionalism (panel). Professionalism for the Summer Institute, Lewis & Clark Law School, Portland, Oregon. August 1, 2018.
“Animal Custody.” Fifth Annual Oxford Animal Ethics Summer School, Oxford, England. July 25, 2018.
“Animal Sanctuaries.” Fifth Annual Oxford Animal Ethics Summer School, Oxford, England. July 23, 2018.
“Desmond’s Law: Protecting Animals as Crime Victims.” 2018 Crime Victim Law Conference, Portland, Oregon. June 14, 2018.
“Desmond’s Law: Protecting Animals as Crime Victims.” Fifth Annual Oxford Animal Ethics Summer School, Oxford, England. July 24, 2018.
“Curriculum Planning and Advising.” Curriculum Planning and Advising, Student Animal Legal Defense Fund, Portland, Oregon. April 12, 2018.
“Aquatic Animals in Agriculture.” Fourth Annual Food Law Symposium, Lewis & Clark Law School, Portland, Oregon. March 23, 2018.
“Food and Health: Animal Agriculture and Regulation.” Seventh Annual Animal Law ReviewSymposium, Lewis & Clark Law School, Portland Oregon. March 16, 2018.
Interviewed by Shannon Gormley for “Portland Is Home to the World’s First Animal Law Professor. We Asked Her About the Biggest Legal Issues With Pets.” Willamette Week, 01/30/2018.
“Animals in Research: Science, Ethics, Public Policy, and the Law.” Minding Animals 4, Mexico City, Mexico, January 23, 2018.
Aquatic Animals and U.S. Law (panel). Minding Animals 4, Mexico City, Mexico, January 22, 2018. With Jonathan Balcombe, Camila Cassio, and Rebecca Jenkins.
“Aquatic Animals: Using the Law to See and Protect Them.” Louisiana State Bar Association, New Orleans, Louisiana. December 15, 2017.
“Animals: Understanding, Using, and Protecting Them.” German Literature in Translation, Lewis & Clark College, Portland, Oregon. November 15, 2017.
“Animals in Entertainment.” Animal Grantmakers Conference, Portland, Oregon. October 16, 2017.
“Aquatic Animals in Agriculture,” 25th Annual Animal Law Conference, Portland, Oregon. October 15, 2017.
“Animal Law Careers.” Animal Legal Defense Fund Student Convention, Portland, Oregon. October 13, 2017.
Publications
Aquatic Animal Law (Carolina Academic Press, forthcoming 2022) (with Kelly Levenda, Rebecca Jenkins, Amy P. Wilson, and Sonia Waisman).
“Aquatic Animas & the Animal Welfare Act”, published in 25.2 ANIMAL LAW REVIEW 215, Portland, OR. 2019.
Animal Law—New Perspectives on Teaching Traditional Law (December 29, 2017).
“Cruelty to Human and Nonhuman Animals in the Wild Caught Fishing Industry.” Sustainable Development Law and Policy Brief, vol. 18, no. 1, 30-38, American University (December 29, 2017). With Rebecca Jenkins and Kelly Levenda.
“Cruelty to Human and Nonhuman Animals in the Wild Caught Fishing Industry.” Sustainable Development Law and Policy, American University (August 2017). With Kelly Levenda and Rebecca Jenkins.
“Animal Law in a Changing (and Challenging) Political Climate: One Professor’s Musings After 100 Days of the Trump Administration.” Animal Law Review, Vol. 23, No. 2 (August 25, 2017).
“Animal Law and Legal Developments in the First 100 Days of the Trump Administration,” Article, August 1, 2017.
Animal Law–New Perspectives on Teaching Traditional Law. Carolina Academic Press (2017). With Joyce Tischler, Pamela Hart, and Sonia Waisman.
Animal Law in a Nutshell. Second edition. West Publishing (forthcoming 2016). With Assistant Dean Pamela D. Frasch and Sonia S. Waisman.
“The Role of the Animal Law Clinic.” 61 Revista Brasileira de Direito Animal (Portuguese translation), Vol 8, Número 14 (2013).
“The Legal Framework of Animal Testing: Challenges and Opportunities.” 54 S. Tex. L. Rev. 587, (2013).
James Huffman
Appointments and Service
Appointed by President Obama and confirmed by the U.S. Senate for a six-year term on the board of trustees for the Morris K. Udall and Stewart L. Udall Foundation. Tucson, Arizona. February 1, 2015.
Presentations
Climate Change and the Public Trust Doctrine (Panel). Federalist Society National Lawyers Convention. Washington, D.C. November 17, 2018.
Steve Johansen
Appointments and Service
Cochair of the National Legal Writing Institute’s Biennial Conference Site Committee. Portland, Oregon. July 1, 2014-July 16, 2016.
Coach for the Wood Middle School “We the People” Constitution Team, which placed second in the national middle school competition in Washington, D.C
Member of the board of directors for the Classroom Law Project.
Presentations
“Art-iculating the Analysis: Using Visuals in Legal Reasoning.” Biennial International Conference of the Legal Writing Institute, Philadelphia, Pennsylvania. 2014.
“1000 Words: Images as Legal Reasoning.” Clinical Theory Workshop, New York Law School. 2014.
Craig Johnston
Appointments and Service
Judicially appointed expert witness in a federal district court case in Ohio involving the City of Akron’s combined-sewer overflows.
Publications
Law professors’ brief in a major case in the Third Circuit involving the legality of EPA’s total maximum daily load (TMDL) program under the Clean Water Act. With Clinical Professor Allison LaPlante.
Aliza Kaplan
Appointments and Service
Organizer for the conference Bringing Outside In: Social Justice Collaborations in the Legal Writing Curriculum. Drexel University School of Law. June 2014.
Cofounder of the Oregon Innocence Project (OIP), which launched in April 2014 and began accepting cases in June 2014.
Organizer for the National Innocence Network Conference. Portland, Oregon. April 2014.
Awards and Honors
Named 2020 Outstanding Faculty by the Lewis & Clark College Student Leadership and Service board.
Named 2015 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School. May 2015.
Media Appearances
Interviewed by the Andrew Selsky for US News & World Report on “District Attorney Creates Unit to Review Past Convictions” on September 2, 2021.
Interviewed by Eva Herscowitz for The Crime Report on “Forensic Testimony Distorted by ‘Implicit’ Racial Bias: Paper” on September 2, 2021.
Interviewed by Max Egener for Beaverton Valley Times on “WashCo DA Kevin Barton weighs in on non-unanimous juries” on September 2, 2021.
Interviewed for The Crime Report on “Forensic Testimony Distorted By “Implicit” Racial Bias: Paper” on September 8, 2021.
Interviewed by the Associated Press for US News & World Report on “District Attorney Creates Unit to Review Past Convictions” on September 2, 2021.
- Interviewed by Noelle Crombie for the Oregonian on “Multnomah County DA Mike Schmidt hires criminal defense lawyer to review past convictions, sentences” on September 1, 2021.
Interviewed by Wright Gazaway for KATU on “Lawyer fights for new trial for hundreds of Oregon people convicted by non-unanimous jury” on August 4, 2021.
Interviewed by Dave Miller for OPB on “Pardons and Commutations Rising in Oregon” on July 7, 2021.
Interviewed by Noelle Crombie for The Oregonian for “Bill allowing DAs and prisoners to ask the court to review sentence, conviction heads to governor’s desk”, June 8, 2021.
Interviewed by Tom Casciato with PBS for “Convictions by non-unanimous juries were banned in 2020. What happens to those imprisoned by them?”, March 28, 2021.
Interviewed by Jaimie Ding for The Oregonian on “Nonunanimous juries — recently ruled unconstitutional — convicted hundreds sitting in Oregon prisons. Now, they want a fair trial”, March 22, 2021.
Interviewed by Virginia Barreda for Statesman Journal on “Salem Man Gets New Trial, Lesser Sentence”, March 14, 2021.
Interviewed by Blair Stenvick for Portland Mercury on “Non-Unanimous Jury Convictions Are Over. But What Happens to the People Oregon Already Wronged?”, March 10, 2021.
Interviewed by Conrad Wilson for OPB on “Oregon Supreme Court upholds sentencing laws for juveniles convicted of murder”, March 4, 2021.
Interviewed by Jonathan Shorman for The Kansas City Star on “Do what’s right: What’s driving a surge of 100 clemency claims among Kansas inmates”. February 14, 2021.
Interviewed by Erin Donaghue and Graham Kates for CBS News on “Supreme Court to mull challenge to convictions under “racist Jim Crow” jury laws”. December 1, 2020.
Interviewed by Rachel Saslow for Williamette Week on “Oregonians Sent a Frightened 17-Year-Old Boy to Prison. My Family Helped”, November 11, 2020.
Interviewed by Rachel Saslow for Williamette Week on “Why Is Measure 11 Still the Law in Oregon?”, November 11, 2020.
Interviewed by Faiz Siddiqui, Fenit Nirappil and Mark Berman, Washington Post, for After summer of chaos and confrontation, Portland braces again for more unrest, September 3, 2020.
Interviewed by Richard Oppel Jr., New York Times, for In Portland, a Prosecutor Must Decide: Which Protesters Should Go to Jail?, August 23, 2020.
Guest Column, Attorney General Rosenblum must vacate all non-unanimous verdicts, Bend Bulletin, August 18, 2020 (with Nicholas McGuffin).
Interviewed by Emma Cueto for Law360 on “After Win, Those Fighting Divided Verdicts Eye Next Chapter”, April 27, 2020.
Interviewed by Noelle Crombie for The Oregonian on “Coronavirus Precautions in Oregon Prisons have Unintended Consequence for Inmates in Treatment”, April 24, 2020.
Editorial for The Oregonian on “No longer An Outlier, Oregon Makes it Unanimous”, April 22, 2020.
interviewed by Shane Kavanaugh for The Oregonian on “Oregon’s Nonunanimous Jury System Struck Down by U.S. Supreme Court; Could Invalidate 100s of Convictions”, April 22, 2020.
Interviewed by Andrew Selsky for the Associated Press on “US Supreme Court Bans Nonunanimous Jury Verdicts in Oregon”, April 20, 2020.
Interviewed by Conrad Wilson for Oregon Public Broadcast on “Oregon Gov. Kate Brown Won’t Release Prisoners Over COVID Risks”, April 14, 2020.
Interviewed by Noelle Crombie for The Oregonian on “Gov. Kate Brown signals she won’t approve large-scale early release of inmates over coronavirus”, April 10, 2020.
Interviewed by Conrad Wilson for Oregon Public Broadcast on “Inmates Brace For Virus Outbreak, While Oregon Considers Early Release”, April 7, 2020.
Opinion in the Oregonian, “Governor’s Coronavirus Response Should Include Early Release of Eligible Prisoners”, March 19, 2020.
Presentations
“MBA CLE: Understanding the Fallout of Ramos v. Louisiana and Edwards v. Vannoy on the Criminal Justice System in Oregon” with Ramos Project attorneys, Michaela Gore and Laney Ellisor, on July 22, 2021.
“DOC Update: Clemency and Senate Bill 819” (Lecture) at the Department of Corrections, on July 21, 2021.
“Still in Prison Virtual Town Hall” (Panelist) at Still in Prison Virtual Town Hall with ACLU of Oregon, We Out Here Magazine, Brown Hope, and Color Of Change, on April 22, 2021.
“The Death Penalty in Oregon” (Webinar) for What is All of Beaverton Read the Same Book? at Beaverton Library on January 14, 2021.
“Walking the Talk: Working with Youth Impacted by the Juvenile Justice System” (Panelist), Walking the Talk: Working with Youth Impacted by the Juvenile Justice System, October 21, 2020.
“Self-Evident and Sacred Truths: COVID19, Race and Prisoners” (CLE Lecture), Solomon’s Legacy, September 9, 2020.
“Criminal Justice Sabbath” (Lecture) at First Presbyterian Church, Portland, OR, February 23, 2020.
Oregon’s New Death Penalty Legislation (Lecture) for Women in Criminal Law: Oregon’s New Death Penalty Legislation, Lewis & Clark Law School, Portland, OR, October 30, 2019.
Wrongful Conviction and the Role of Forensics (Lecture). Pacific Northwest Division of the International Association for Identification and Northwest Association of Forensic Scientists Conference, Portland, OR. With Janis Puracal, Forensic Justice Project, August 28, 2019.
Testimony to House Rules Committee in support of HJR 10: referral to end nonunanimous juries. Oregon Legislature, Salem OR. May 7, 2019.
Criminal Justice Reform Clinic’s Youth Legal Clinic at OYA (Panel). Oregon Criminal Defense Lawyer’s Juvenile Justice Conference. Newport, Oregon. April 12, 2019. With Anjana Kumar and Mieke de Vrind (3Ls).
Junk Science: The Lag Between Science and the Law, and What to Do About It (Lecture). NACDL Annual Forensics Seminar, Making Sense of Science: Forensic Science & the Law. Portland, OR, April 6, 2019. With Janis Puracal.
Testimony to Senate Judiciary Committee SB 1013 at the Hearing on SB 1013. Salem, OR. April 2, 2019.
Testimony Oregon Senate Judiciary Committee on Pardon Bill. Senate Judiciary Committee SB 388, Salem, OR. February 2, 2019.
- Unwanted Patients: Investigating Hospitals Reliance on Arrests (conference). NW Law & Mental Health Conference, Portland, OR. February 8, 2019. With Sarah Radcliffe.
Clinical Education/Pedagogy and the Impact on Criminal Justice Reform (panel). Criminal Justice Reform, Celebrating the 10th Anniversary of the Louisiana State University Law Clinics, Baton Rouge, LA. February 1, 2019.
Intro to Reentry. OWLS Community Service Committee CLE. Portland, Oregon. December 4, 2018. with Nikki Thompson.
Reentry and Collateral Consequences in Oregon. Workgroup on Reentry, Employment and Housing. Salem, OR. August 23, 2018. With Stacie Damazo.
Lecture, “Reentry and Collateral Consequences in Oregon,” Workgroup on Reentry, Employment and Housing, co-presented with Stacie Damazo, State Capitol, 8/23/2018
Commencement address. Catlin Gabel School, Portland, Oregon. June 16, 2018.
“Nonunanimous Juries In Oregon.” Willamette Valley American Inn of Court, Chemeketa Community College, Oregon. April 19, 2018.
Interviewed by Brian Wood for “Prosecutors Drop Ballot Initiative to Require Unanimous Juries.” KATU, 02/01/2018.
Interviewed by Shane Kavanaugh for “Oregon District Attorneys Abandon Plan to Repeal Unusual Non-Unanimous Jury System.” Oregonian, 01/31/2018.
“Oregon’s Nonunanimous Jury Rule: A Relic of Our Discriminatory Past.” Overview of Nonunanimous Juries, Oregon House and Senate Judiciary Committee. November 15, 2017.
“Nonunanimous Juries in Oregon.” Eastside Democratic Club Monthly Meeting, Portland, Oregon. November 7, 2017.
Police Peace PDX: A Community Conversation (panel). The Center, Portland, Oregon. May 16, 2017.
“Overturning Apodaca v. Oregon Should Be Easy.” Oregon Criminal Defense Lawyers Association Winter Conference, Portland, Oregon. December 2, 2016.
“Making a Murderer’s Dean Strang and Jerry Buting: A Conversation on Justice” (interview). Newmark Theater, Portland, Oregon. June 19, 2016.
ACS Oregon Lawyer Chapter: The Future of the Death Penalty (panel). University of Oregon School of Law, Portland, Oregon. December 8, 2015. With Carrie Leonetti and C. Renée Manes.
Testimony on amending Post Conviction DNA Testing Law. Senate Judiciary Committee Hearing, Salem, Oregon. June 1, 2015.
Publications
Opinion, SB 819 Aims to Get Prisoners Back in Court, Statesman J. (Apr. 23, 2021).
Editorial Opinion, My View: New D.A. is doing exactly what he promised, Portland Tribune, September 30, 2020.
Opinion, My View: New D.A. Is Doing Exactly What He Promised, Portland Tribune (September 30, 2020).
“Opinion: Governor Should Help End Mass Incarceration With Clemency Power.” The Oregonian, February 1, 2019. With Venetia Mayhew.
“It’s Not a Match: Why the Law Can’t Let Go of Junk Science.” Albany Law Review,Vol 81, No.3 (August 1, 2018).
“Non-Unanimous Jury Law in Oregon.” Oregon Encyclopedia (January 20, 2018).
“The Death Penalty Is Getting More and More Expensive. Is It Worth It?” The Conversation, March 30, 2017. With Peter Collins.
“Oregon’s Death Penalty: A Cost Analysis.” Lewis & Clark Law School/Seattle University (November 16, 2016). With Peter A. Collins and Venetia Mayhew JD ’17.
“Overturning Apodaca v. Oregon Should Be Easy: Non-Unanimous Jury Verdicts in Criminal Cases Undermines the Credibility of the Justice System.” Oregon Law Review, vol. 95, issue 2 (forthcoming 2017). With Amy Saack.
“Who Can It Be Now? Challenging Reliability of First Time In-Court Identifications After State v. Henderson and State v. Lawson.” Northwestern’s Journal of Criminal Law & Criminology (forthcoming May 31, 2016). With Janis Puracal.
“Contemporary Perspectives on Wrongful Conviction: An Introduction to the 2015 Innocence Network Conference, Orlando, Florida.” 3 Tex. A&M L. Rev. 179 (Fall 2015). With Valena Beety and Robert Schehr.
“Changes Would Improve Witness IDs.” Portland Tribune, August 11, 2015
Robert Klonoff
Appointments and Service
Appointed to serve two three-year terms (max. period) as the academic member of the Federal Civil Rules Advisory Committee.
Member of the Practitioners’ Reading Group for the American Bar Association’s Standing Committee on the Federal Judiciary evaluation of the professional qualifications of U.S. Supreme Court nominee Judge Merrick Garland. 2016.
Judge for the final rounds of the Classroom Law Project’s We the People competition. Portland, Oregon. January 16, 2016.
Voting member of the Federal Civil Rules Advisory Committee. Appointed to second term May 2014.
Awards and Honors
Awarded the Leo Levenson Award for Excellence in Teaching, Lewis & Clark Law School, Portland, OR. May 16, 2020.
Cited multiple times by the U.S. District Court for the Eastern District of Louisiana federal judge presiding over the British Petroleum Oil Spill case. February 15, 2017.
Selected as a Pound Institute Academic Fellow. October 17, 2016.
Media Appearances
Cited in a class-action lawsuit against Syngenta in the United States District Court for the District of Kansas. December 7, 2018.
Interviewed by staff for “A Group of Women Suing Microsoft Have to Beat Supreme Court Precedent.” Bloomberg Businessweek. October 1, 2018.
Interviewed by Adam Lidgett for “Why Scalia Wouldn’t Like Merrick Garland: Supreme Court Nominee Considers Intent to Inform Legal Decisions.” International Business Times, March 18, 2016.
Presentations
“Class Actions and Multidistrict Litigation” at South Ural State University Institute of Law, Chelyabinsk, Russia, on April 8, 2021.
“Complex Litigation Seminar” at the Northwestern Pritzker School of Law, on March 31, 2021
“U.S. Multidistrict and Class Action Litigation: The Volkswagen Clean Diesel Controversy” (Lecture). Institute for Globalization of Rule of Law Transnational Law Program, Bahcesehir University, Istanbul, Turkey (Remote), July 15, 2020.
Speaker for Federal Civil Rules Committee/MDL Subcommittee, Emory University School of Law, Remote, June 19, 2020.
“Securities and Consumer Litigation: Pathways and Hurdles” (Lecture), co-sponsored by the Institute for Law & Economic Policy and the Fordham Law Review, New York, NY, Feb. 28, 2020.
“Symposium on Class Actions, Mass Torts, and Federal Multidistrict Litigation” (Chair and Moderator), co-sponsored with the Pound Institute & Lewis & Clark Law School, Portland, OR. November 1-2, 2019.
Forthcoming Changes to the Federal Rule Governing Class Actions (web conference). American Bar Association. November 27, 2018.
Forthcoming Changes to the Federal Rule Governing Class Actions. American Bar Association’s Class Action Institute, Chicago, Illinois. October 18, 2018.
Federal Multidistrict Litigation (conference). New York University School of Law, NYC, New York. October 12, 2018.
On environmental class actions. University of Bologna School of Law, Ravenna, Italy. July 2018.
On class actions. Freie University Faculty of Law, Berlin, Germany. June 26, 2018.
Introduction to United States Law (course). Royal University of Law and Economics, Phnom Penh, Cambodia. April 2018.
Panel, “Posner on Class Actions,” co-hosted with John C. Coffee Jr., CLE Conference, Columbia University, New York City, New York, 03/02/18.
Civil Discovery (panel). Vanderbilt University School of Law, Nashville, Tennessee. October 13, 2017.
“Current State of Class Actions.” Rule 23@50, New York University, New York. December 2, 2016.
U.S. Class Actions (course). Tel Aviv University, Tel Aviv, Israel. January 4, 2017.
“Comparison of U.S. and Israeli Class Actions.” 50th Anniversary of U.S. Class Actions, Tel Aviv University, Tel Aviv, Israel. January 4, 2017. With Alon Klement.
Testified as an expert witness in a class settlement in the BP oil spill litigation, judge cited testimony in written opinion, 02/15/2017
Duke University Law School Conference on Class Action Settlements (panel). San Diego California. October 6, 2016.
Class Actions (panel). American Bar Association Class Action Institute, Las Vegas, Nevada. October 20, 2016.
“Class Actions.” National Legal Aid Defender Association National Farmworker Conference, Indianapolis, Indiana. November 10, 2016.
Class Actions (panel). Appellate Judges Education Institute, Philadelphia, Pennsylvania. November 11, 2016.
Class Actions (panel). New York University Law School Conference on Rule 23@50, New York, New York. December 2, 2016.
Rules Committee: Possible Class Action Rule Changes (panel). Association of American Law Schools Annual Meeting, New York City, New York. January 8, 2016.
Cutting-Edge Class Action Issues (two panels). PILP CLE, Portland, Oregon. February 16, 2016.
Introduction to U.S. Law (course). Bahçeşehir University, Istanbul, Turkey. December 21, 2015.
On class action rulemaking (panel). American Association for Justice, Montreal, Canada. July 12, 2015.
On class action rulemaking (panel). Duke University Civil Procedure Conference, Washington, D.C. July 23, 2015.
On class action possible rulemaking (panel). Class action symposium, Washington, D.C. July 24, 2015.
“Class Actions in the Year 2025.” Emory Law School Pound Symposium, Atlanta, Georgia. October 15, 2015.
Publications
The Judicial Panel on Multidistrict Litigation: The Virtues of Unfettered Discretion, 89 UMKC L. Rev. (2021).
Introduction to the Study of U.S. Law: Cases and Materials (West Academic, 2d ed., 2021).
The Future of U.S. Aggregate Litigation, International Handbook on Class Actions (Cambridge University Press, 2021).
“Class Action Objectors: The Good, the Bad, and the Ugly”, 89 Fordham L. Rev. __ (2020) (forthcoming).
“Future of U.S. Aggregate Litigation” (Chapter) International Handbook on Class Actions, Cambridge University Press, (forthcoming 2020).
“Foreword: Class Actions, Mass Torts, and MDLs: The First 50 Years”, 24 Lewis & Clark Law Review 359. Portland, OR. June 4, 2020.
“Federal Multidistrict Litigation in a Nutshell”, West Academic Publishing, November 25, 2019.
“Class Actions in the U.S. and Israel: A Comparative Approach.” 19 Theoretical Inquiries in the Law151 (2018).
“Class Actions in the Year 2025: A Prognosis.” Emory Law Journal, vol. 65, issue 6, 1569 (2016).
“The Remedy for Election Fraud Is a New Election.” Law360 (July 20, 2017).
“Class Actions Part II: A Respite From the Decline.” New York University Law Review, vol. 92, no. 6, 971 (2017).
Class Actions and Other Multi-Party Litigation: Cases and Materials. Fourth edition. West (2017).
Federal Appellate Practice in a Nutshell. Second edition. West (2017). With Greg Castanias.
Class Actions and Other Multi-Party Litigation in a Nutshell. Fifth edition. West (2017).
Introduction to the Study of U.S. Law. West Academic Publishing (May 3, 2016). 736 pages.
“Class Actions in the Year 2025: A Prognosis.” Emory Law Journal, vol. 65, issue 6 (forthcoming March 2016).
“Why Most Nations Do Not Have U.S.-Style Class Actions.” Bloomberg BNA Class Action Litigation Report, Vol. 16, No. 10, May 22, 2015.
“The Decline of Class Actions.” Washington University Law Review, Vol. 9, Iss. 3, 2013.
Allison LaPlante
Publications
“On Judicial Review Under the Clean Water Act in the Wake of Decker v. Northwest Environmental Defense Center: What We Now Know and What We Have Yet to Find Out.” 43 Environmental Law 767 (2014). With Lia Comerford ’13.
Sarah Lora
Appointments and Service
Appointed to serve a two-year term as Co-Chair for the Pro Bono and Tax Clinics Committee of the ABA Tax Sectio (July 2020-July 2022).
Appointed Vice Chair of the American Bar Association Pro Bono and Tax Clinics Committee from July 1, 2018 to December 31, 2019.
Media Appearances
Interviewed by Christine Speidel for Procedurally Taxing on “Updates for ITIN Holders” on August 9, 2021.
Blog post for Procedurally Taxing on “Further Trials and Tribulations in the ITIN Unit”
Interviewed by staff for “Trials and Tribulations in the ITIN Unit.” Procedurally Taxing. November 6, 2019.
Blog for Procedurally Taxing regarding “Innocent Spouse Survives Motion to Dismiss in Jurisdictional Fight with the IRS”, September 18, 2019.
Interviewed by staff for “Damages for Lost Tax Documents = Refund Claim?” Procedurally Taxing. March 19, 2019.
Interviewed by staff for “Claiming Refunds for Veterans Where Disability Severance Pay Was Improperly Withheld.” Procedurally Taxing. February 26, 2019.
Presentations
Procedural Due Process and the Tax System: A Fresh Look (Panel). American Bar Association Tax Section May Meeting, Washington, DC. May 11, 2019.
Veterans Disability Severance Pay Claims (Panel). American Bar Association Tax Section Mid-Year Meeting, New Orleans, LA. With David sams. January 19, 2019.
Publications
The TCJA and the Gutting of the ‘Country Contiguous’ Language, 100 Taxnotes States (Apr. 5, 2021).
Understanding the Intersection of Taxation and Immigration, Effectively Representing Your Client Before the IRS (2021) (with Anthony Dohring and Anna Tavis).
Lydia Loren
Appointments and Service
Awards and Honors
Elected to the American Law Institute. January 2015.
Media Appearances
Interviewed by Jonathan Frochtzwajg for “From Contracts to Copyrights, the Young Nonprofit Oregon Volunteer Lawyers for the Arts Answers Artists’ Legal Questions.” The Oregonian, October 15, 2014.
Interviewed by Mike Wolfe on alternative publishing with Semaphore Press, a company she cofounded. Authors Alliance, November 11, 2014.
Presentations
Panelist for “Who Owns Your Ink?”, Intellectual Property Student Organization and the Federal Bar Association, Portland, OR, November 14, 2019.
Presented “What’s Up with Music Copyrights?” to Oregon State Bar, Intellectual Property Section CLE, Portland, OR, November 6, 2019.
Copyright Jumps the Shark: The Music Modernization Act (Essay presentation). A Celebration of the Work of Wendy Gordon, Boston University School of Law, Boston, MA. June 14, 2019.
Senior Scholar/Commentator (Roundtable). Junior Scholars in Intellectual Property (JSIP), Michigan State University, East Lansing, MI. May 23, 2019.
Simple Questions and the Complicated Answers of the Music Modernization Act. Internet Law Scholars Works-in-Progress. Santa Clara Law School. March 2, 2019.
Copyright’s Excess as Reflected in the Music Modernization Act. Copyright’s Excess Roundtable. University of Notre Dame Law School. October 26, 2018.
“Art and the Law.” University Club, Portland, Oregon. June 5, 2018.
“Beware of the Art: Property Owner Obligations Under the Visual Artists Rights Act.” Oregon State Bar Real Estate and Land Use Section Fall Luncheon, Portland, Oregon. November 1, 2017.
Copyright, patent, trademark, and trade secret issues (roundtable). Seventh Annual IP Scholars’ Roundtable, Franklin Pierce Center for Intellectual Property University of New Hampshire School of Law. October 6, 2017.
“Commercial Discrimination in Art Law.” Pacific Intellectual Property Scholars (PIPS) Conference IV, University of Washington, Seattle, Washington. September 30, 2017.
Copyright Basics for Creatives (workshop). Oregon Volunteer Lawyers for the Arts Monday Workshop Series, IPRC, Portland, Oregon. September 11, 2017.
The ALI Restatement of Copyright Law—How Is It Being Made (CLE). Oregon State Bar Intellectual Property Section Luncheon, Portland, Oregon. September 6, 2017.
“Fixation as Notice.” Notice and Notice Failure in IP Law, Boston University School of Law, Boston, Massachusetts. September 26, 2015.
Free to Use (panel). Mythos Challenge Workshop, Portland Art Museum. March 19, 2015.
“Fair Use: An Affirmative Defense?” Campbell at 21, University of Washington Law School. April 17, 2015.
Restatement of the Law, Copyright (panel). American Law Institute Annual Meeting, Washington, D.C. May 25, 2015.
“Digital Publishing in the Law School Casebook Market.” Concepts in Digital Publishing, Portland State University, Portland, Oregon. November 10, 2014.
“The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property.” Notre Dame Law School, Notre Dame, Indiana. November 7, 2014.
“The Shifting Landscape of Music Licensing.” ReCalibrating Copyright: Continuity, Contemporary Culture, and Change, University of Houston. May 2014.
“The New Age of New Media Music Licensing.” Leveraging Creativity: Arts, Entrepreneurship, and Intellectual Property Law, Indiana University Maurer School of Law. May 2014.
Music Industry Specific Reforms (panel). The Next Great Copyright Act, University of California at Berkeley, Berkeley, California. April 2014.
“Copyright Litigation Reform Through the Plausibility Standard for Pleadings.” Works-in-Progress in Intellectual Property, Santa Clara University Law School. February 2014.
Publications
Intellectual Property: Cases & Materials (Semphamore Press, 2021).
Copyright in a Global Information Economy (Wolters Kluwer, 5th ed. Supp. 2021).
“Copyright Jumps the Shark: The Music Modernization Act”, Entertainment, Publishing and the Arts Handbook, Thomas Reuters (West), September 1, 2020.
“Copyright in a Global Information Economy” with Julie Cohen (Georgetown Law School), Ruth Okediji (Harvard Law School), and Maureen O’Rourke (Boston University), 5th Ed. WoltersKluwer, forthcoming 2019.
“Proving Infringement: Burdens of Proof in Copyright Infringement Litigation.” Lewis & Clark Law Review, vol. 23. (2019). With R. Anthony Reese
Copyright in a Global Information Economy - 2018 Supplement with Julie Cohen, Ruth Okediji, and Maureen O’Rouke, Wolters Kluwer, 07/13/2018.
Intellectual Property Law: Cases and Materials. Sixth edition. Semaphore Press (July 1, 2018). With Joseph Miller.
Copyright in a Global Information Economy—2018 Supplement.Wolters Kluwer, (July 13, 2018). With Julie Cohen, Ruth Okediji, and Maureen O’Rouke.
Intellectual Property Law: Cases and Materials. Sixth Edition, Semaphore Press. July 1, 2017. Co-author Joseph Miller.
“What Did I Just Buy?” (review of The End of Ownership: Personal Property in the Digital Economyby Aaron Perzanowski and Jason Schultz). Issues in Science and Technology, p. 91 (January 15, 2018).
“Why Is an Author Able to Terminate a Transfer of Copyright?” Authors Alliance(October 17, 2017).
Intellectual Property Law: Cases and Materials. Fifth edition/Version 5.0. Semaphore Press (July 1, 2017). With Joseph Scott Miller.
Intellectual Property Law: Cases and Materials. Version 4.0. Semaphore Press (July 1 2015). With Joseph Scott Miller.
“The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platforms.” Washington Journal of Law, Technology, and the Arts (July 1, 2015). With Joseph Scott Miller.
“Fair Use: An Affirmative Defense?” 90 Washington Law Review 653 (June 30, 2015)
Copyright in a Global Information Economy. Fourth edition. Aspen (2015). With Julie Cohen, Ruth Okediji, and Maureen O’Rourke.
“The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platforms.” Washington Journal of Law, Technology, and the Arts, Vol. 12, forthcoming 2015. With Joe Miller.
“The Viability of the $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, and Author Incentives.” Journal of Intellectual Property Law, Vol. 22, fall 2014 and April 13, 2015.
“The Dual Narratives in the Landscape of Music Copyright.” Houston Law Review, Vol. 52, No. 2, 2014.
“The Viability of the $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, and Author Incentives.” 21 Journal of Intellectual Property Law __ (forthcoming 2014).
“The Dual Narratives in the Landscape of Music Copyright.” 52 Houston L. Rev. (2014).
Susan Mandiberg
Presentations
“Alcohol- and Drug-Free Housing: A Key Strategy in Breaking the Cycle of Addiction and Recidivism.” The Long Overdue Reform of California’s Sentencing Practice and Policy, McGeorge School of Law, Sacramento, California. November 7, 2014. With Richard L. Harris, MSW.
El Acatamiento del Derecho Ambiental en los Estados Unidos (Enforcement of Environmental Law in the United States) (course). Universidad Sergio Arboleda, Bogotá, Colombia. October 17-18, 2014.
Publications
“Twists in the Use of Warren Court Fourth Amendment Rhetoric“ 51 University of the Pacific Law Review 789. Sacramento, CA. June 1, 2020.
Jim Oleske
Appointments and Service
Organizer of the Lewis & Clark Law Review’s 2017 Paper Symposium, Law and Religion in an Increasingly Polarized America.
Awards and Honors
Awarded the Huffman Scholarship Award for best scholarship published by a Lewis & Clark Law School professor in 2019. July 8, 2020.
Named a 2018–2019 Fulbright scholar.
Named 2014 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
Media Appearances
Interviewed by Ariane de Vogue for CNN on “Religious groups eye legal challenges to Delta variant restrictions and vaccine mandates” on August 2, 2021.
Interviewed by Lashay Wesley for KATU on “Law enforcement group’s 2022 initiative could limit public gatherings” on September 20, 2020.
Interviewed by Maggie Vespa for KGW on “Fed up with protests and politicians, Portland police union president pushes for new state laws” on October 1, 2020.
Interviewed by the Associated Press on “2 Supreme Court justices slam court’s 2015 decision in gay marriage case” on October 6, 2020.
Interviewed by Tyler Broker for Above the Law on “The Modern Free Exercise Doctrine is Inconsistent and Dishonest” on March 29, 2021.
Interviewed by Marcia Coyle for National Law Journal on “Conservative justices, using unsigned order, expand pro-religious stance, scholars say” on April 11, 2021.
Interviewed by Mark Joseph Stern for Slate on “The Supreme Court broke its own rules to radically redefine religious liberty” on April 12, 2021.
Interviewed by Liliana Frankel for Malheur Enterprise on “Ontario City Council removes Justus from meeting for holding signs” on May 21, 2021.
Interviewed by Brendan Pierce for Reuters on “How COVID and Shadow Docket Exploded SCOTUS’ Scope of Religious Freedom” on June 17, 2021.
Interviewed by J. Craig Williams for Legal Talk Network, Lawyer to Lawyer Podcast on “SCOTUS & Religious Freedom” on June 25, 2021.
Interviewed by Ryan Warner for “The Cases That Could Answer The Masterpiece Questions: Balancing Oil & Gas with Renewables.” Colorado Public Radio. March 7, 2019
Interviewed by Dave Miller, “Proposed Protest Ordinance,” for Think Out Loud, OPB, October 23, 2018.
Interviewed by Alex Zielinksi for “Are Mayor Wheeler’s Proposed Protest Rules Legal?” Portland Mercury. Oct 16, 2018.
Interviewed by Bob Heye for “What does the law say about protesters’ rights to occupy land near Portland ICE facility?” KATU News, July 24, 2018.
Interviewed by Anthony Macuk for “Lake Oswego Library Hosts Disarming Talk About the Second Amendment.” Lake Oswego Review, July 19, 2018.
Interviewed by Ryan Warner for “What Happens To The Washington Florist Case Now That SCOTUS Has Sent It Back?” Colorado Matters, Colorado Public Radio, June 26, 2018.
Interviewed by Ryan Warner for “The 3 Court Cases That Could Pick Up Where Masterpiece Cakeshop Left Off” Colorado Matters, Colorado Public Radio, June 6, 2018.
Interviewed by Paris Achen fo “Colorado case not likely to resolve other LGBTQ discrimination cases.” Portland Tribune, June 4, 2018.
Interviewed by Dave Miller for “Masterpiece Cakeshop Ruling.” OPB Radio, June 4, 2018.
Interviewed for “Supreme Court Hears Wedding Cake Case.” KOIN 6 News, December 6, 2017.
Interviewed regarding the nomination of Judge Gorsuch to the U.S. Supreme Court. KOIN, January 31, 2017.
Interviewed regarding President Trump’s Travel Order. KOIN, February 7, 2017.
Interviewed regarding free speech implications of city rules governing disruptions at council meetings. Portland Tribune, March 14, 2017.
Interviewed regarding First Amendment implications of Portland Mayor Wheeler’s efforts to cancel protest events. KATU, May 30, 2017.
Interviewed regarding Justice’s Gorsuch and state laws permitting physician-assisted suicide. Oregon Public Broadcasting, February 1, 2017.
Interviewed regarding state civil rights protections. Think Out Loud, Oregon Public Broadcasting, March 5, 2017.
Interviewed regarding the Supreme Court’s 2017–18 term. Think Out Loud, Oregon Public Broadcasting, October 3, 2017.
Interviewed by Ashley Korslien for “Local Leaders Discuss Supreme Court’s Future.” KGW TV, February 14, 2016.
Interviewed by Dave Miller for “U.S. Supreme Court Rules on Same-Sex Marriage.” Think Out Loud, OPB Radio, June 26, 2015.
Interviewed by Joe Douglass for “Study: No Difference in Kids Raised by Same-Sex Couples.” KATU News, June 18, 2015.
Presentations
“Supreme Court Administrative and Environmental Cases in October Term, 2020” (Panelist) at the Southeastern Association of Law Schools Annual Meeting, on July 27, 2021.
“Continuity, Change, and the Free Exercise Clause” (Moderator) at the AALS Annual Meeting, Joint Program of the Constitutional Law and Law & Religion Section, on January 7, 2021.
“Religious Exemptions During COVID” (Panelist) at Texas Law School Federalist Society, Austin, Texas, on March 11, 2021.
“Second Amendment Controversies: Past, Present, and Future” (Lecture) at the PCC Senior Studies Institute, on April 20, 2021.
Religious Accommodation on Both Sides of the Pond: Different Paths to a Common Norm? Oxford Brookes Law School, Oxford, UK. May 2019.
Religious Accommodation on Both Sides of the Pond: Different Paths to a Common Norm? York Law School, York UK. April 2019.
Religious Accommodation on Both Sides of the Pond: Different Paths to a Common Norm? Edinburgh Law School, Edinburgh, UK. March 2019.
Religion, Law, and the US Supreme Court. Cardiff University, Cardiff, UK. March 2019.
Lecture, “The Second-Amendment Debate: Original Meaning, Modern-Day Implications,” Lake Oswego Public Library, Lake Oswego, OR, July 10, 2018.
“Same-Sex Marriage, Religious Liberty, and the Legal Landscape After Obergefell v. Hodges.” Washington State Courts Annual Conference. September 12, 2016.
“Animal Law and Free Exercise Rights.” Animal Law Conference, New York City, New York. October 2016.
Obamacare, Religious Liberty, and Executive Power (debate). Lewis & Clark Chapter of the Federalist Society. November 10, 2016. With Josh Blackman.
Gun Safety: Responsible Use, Responsible Policy (panel). League of Women Voters of Portland. March 14, 2017.
“Sanctuary” Jurisdictions in the Trump Era (panel). Oregon Lawyer Chapter of the American Constitution Society. March 17, 2017.
Civil Rights and Religious Liberty (panel). Washington State Attorney General’s Attorney Conference, Lakewood, Washington. October 14, 2015. With Alan Copsey, David DeWolf, and Noah Purcell.
“State Inaction, Equal Protection, and Religious Resistance to LGBT Rights.” Fifth Annual Law and Religion Roundtable, Washington University School of Law, St. Louis, Missouri. June 2014.
On the Hobby Lobby case. Oregon Lawyers Chapter of the American Constitution Society. 2014.
On the Hobby Lobby case. The Center for Religion, Law, and Democracy at Willamette University. 2014.
Publications
Brief for the United States as Amicus Curiae Supporting Respondent, Gateway City Church, et al., v. Gavin Newsom, Governor of California, et al., _ _ _ U.S. _ _ _ (2021) (No. 21-15189) (with Caroline Mala Corbin, et al.).
Fulton quiets Tandon’s thunder: A free exercise puzzle, SCOTUSblog (2021).
“The ‘Mere Civility’ of Equality Law and Compelled-Speech Quandaries”, 9 Oxford Journal of Law and Religion (2020).
- “In the Court of Koppelman: Motion for Reconsideration”, 2020 BYU Law Review , Provo, UT, (forthcoming 2020).
“Free Exercise (Dis)honesty.” Wisconsin Law Review. 2019.
“Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop.” Take Care blog, 06/19/2018.
“Anti-Catholic Animus, Blaine Amendments, and the Trump Travel Ban.” Take Care (June 15, 2017).
“Masterpiece Cakeshop and the Effort to Rewrite Smith and Its Progeny.” Take Care (September 21, 2017).
Amicus brief in Masterpiece Cakeshop v. Colorado Civil Rights Commission (coauthor). Filed with the U.S. Supreme Court (2017).
“A Regrettable Invitation to ‘Constitutional Resistance,’ Renewed Confusion Over Religious Exemptions, and the Future of Free Exercise.” Lewis & Clark Law Review, vol. 20 (2017).
“Misguided Attack on Oregon’s Equal-Service Law” (op-ed). The Oregonian/OregonLive, March 21, 2015.
“The Born-Again Champion of Conscience: Robert George, Once a Skeptic of Religious-Exemption Rights, Now Demands Their Unprecedented Expansion.” Harvard Law Review Forum, January 22, 2015.
“The Public Meaning of RFRA Versus Legislators’ Understanding of RLPA: A Response to Professor Laycock.” 67 Vanderbilt Law Review En Banc 125 (2014).
“Obamacare, RFRA, and the Perils of Legislative History.” 67 Vanderbilt Law Review En Banc 77 (2014).
“Lukumi at 20: A Legacy of Uncertainty for Religious Liberty and Animal Welfare Laws.” 19 Animal Law 295 (2013).
Samir Parikh
Awards and Honors
Requested by Bloomberg Law to create and populate an Innovation Board comprised of leading bankruptcy attorneys from law firms, academia, and the judiciary who will help guide the evolution of the Bloomberg Law Bankruptcy Treatise. October 2019.
University of Oxford, Faculty of Law. Invited to be a Visiting Professor of Law at Oxford University. October, 2018.
Promoted to Editor-in-Chief of Bloomberg Law’s Bankruptcy Treatise - one of the foremost publications used by financial restructuring practitioners and researchers - by Bloomberg Law, July 2, 2018.
Media Appearances
Interviewed by Jonathan Randles for Wall Street Journal on “How Bankruptcy Could Help Johnson & Johnson Corral Vast Talc Litigation” on July 20, 2021.
Publications
Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light, 42 U. Pa. J. Int’l L. (2020).
Examples & Explanations (Bankruptcy and Debtor/Creditor). Seventh edition. Wolters Kluwer (April 18, 2018). With Samir Parikh.
“A New Fulcrum Point for City Survival.” 57 William & Mary Law Review __ (forthcoming November 2015).
“Modern Forum Shopping in Bankruptcy.” 46 Conn. L. Rev. 159 (2013).
John Parry
Appointments and Service
Member of the committee for editing and revising the American Society of International Law’s Benchbook on International Law. Chicago, Illinois. November 7-8, 2014.
Media Appearances
Interviewed by Jeff Mapes for “Oregon’s Gay Marriage Ruling Further Insulated From Reversal Following Supreme Court Action.” The Oregonian, October 6, 2014.
Presentations
A Qualified Defense of the Obama Administration’s Record on Torture (Panel). Law & Society Association Annual Meeting, Washington, D.C. May 30, 2019.
Publications
Cases and Problems in Civil Rights Litigation: State, Federal, and International Perspectives (Semaphore Press, 3d ed., 2020).
“A Qualified Defense of the Obama Administration’s Record on Torture,” Interrogation and Torture: Integrating Efficacy with Law and Morality, Oxford University Press, New York/Oxford. With Editors: Steven J. Barela, Mark Fallon, Gloria Gaggioli & Jens David Ohlin. December 1, 2019.
“The Dead Hand of the Past in Oregon Choice of Law.” Lewis & Clark Law Review Vol. 23, No. 3. June, 2019.
“Review of Bringing International Fugitives to Justice: Extradition and Its Alternatives.” Criminal Law and Criminal Justice Books: Rutgers Law School, NJ. March 2019.
Summary Judgment: Federal Law and Practice, 2019 ed. West Publishing (2018). With Edward Brunet; Martin H. Redish.
“Review of Manfred Nowak, Torture: An Expert’s Confrontation with an Everyday Evil.” (Reviewer) Criminal Law and Criminal Justice Books, Rutgers Law School, New Jersey (2018). With Manfred Nowak.
“Summary Judgment: Federal Law and Practice, 2018 ed.,” Treatise, December 29, 2017.
“States of Torture: Debating the Future of Coercive Interrogation,” Law Review Article, October 31, 2017.
Summary Judgment: Federal Law and Practice 2017. West (December 30, 2016). With Professor Emeritus Edward Brunet and Martin Redish.
“Treaties in Constitutional Time.” Symposium: The Death of Treaty Supremacy—An Invisible Constitutional Change, Opinio Juris (February 15, 2017).
Review of Liberal Democracies and the Torture of Their Citizens by Cynthis Banham. Criminal Law and Criminal Justice Books, Rutgers School of Law (July 30, 2017).
“Review of Cynthia Banham, Liberal Democracies and the Torture of Their Citizens,” Book Review, July 31, 2017.
Cases and Problems in Civil Rights Litigation: State, Federal, and International Materials. Semaphore Press (2016).
Review of Secrecy, National Security and the Vindication of Constitutional Law (David Cole, Federico Fabbrini, and Arianna Vedaschi, editors), Criminal Law and Criminal Justice Books (May 2014).
“What Is the Grotian Tradition in International Law?” 35 Univ. of Pennsylvania Journal of International Law 299-377 (2014).
Summary Judgment: Federal Law and Practice. West (2014). With Professor Edward J. Brunet and Martin H. Redish.
Review of Non-Legality in International Law: Unruly Law, Law & Society Review (forthcoming 2014).
Criminal Law: Cases, Statutes, and Lawyering Strategies. LexisNexis, third edition (2013). With David Crump, Neil P. Cohen, and Penelope Pether.
The Constitution and the Future of Criminal Justice in America (edited). Cambridge University Press (2013). With L. Song Richardson.
Sandy Patrick
Appointments and Service
Cochair of the National Legal Writing Institute’s Biennial Conference Site Committee. Portland, Oregon. July 1, 2014-July 16, 2016.
Presentations
“Sharpen Your Pencils: Engagement, Inclusion, and Scaffolding in Law Classes” for the Association of Legal Writing Directors Biennial Conference with Professor Robin Boyle Laisure and Professor Chrstine Coughlin, on June 16, 2021.
Emerging Trends in Academic Support and Bar Preparation for Students (panel). Northwest Regional Legal Writing and Leadership Conference, University of Oregon School of Law, Eugene, Oregon. April 25, 2015.
Publications
Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills, (Carolina Academic Press, forthcoming 2021) (with Robin Boyle and Christine Coughlin).
“Modern Legal Scholarship: A Guide to Producing and Publishing Scholarly and Professional Writing”. Carolina Academic Press. North Carolina. With Christine Coughlin, Matthew Houston, Liz McCurry Johnson. July 1, 2020.
Becoming a Legal Writer: A Workbook with Explanations to Develop Objective Legal Analysis and Writing Skills. Carolina Academic Press, Durham, NC. (2019). With Robin Boyle Laisure and Christine Nero Coughlin
Modern Legal Scholarship: The Diverse World of Academic and Professional Writing with Christine Coughlin, Elizabeth Johnson, and Matthew Houston, Carolina Academic Press, 11/01/2018
A Lawyer Writes: A Practical Guide to Legal Analysis, 3rd edition with Christine Coughlin and Joan Rocklin, Carolina Academic Press, 07/01/2018.
An Advocate Persuades. Carolina Academic Press (forthcoming August 2015). With Joan Rocklin, Robert Rocklin, and Christine Nero Coughlin.
A Lawyer Writes: A Practical Guide to Legal Analysis. Carolina Academic Press, second edition (2013). With Christine Nero Coughlin and Joan Rocklin.
Melissa Powers
Media Appearances
Interviewed by David Miller for “Supreme Court Mercury Ruling May Impact Climate Change Regs.” Think Out Loud, OPB Radio, July 2, 2015.
Presentations
“Understanding the U.S. Legal System.” Northwest University, Potchefstroom, South Africa. October 2014.
“The Great Beyond: The ‘Beyond Coal’ Campaign and Transformation of the U.S. Electricity System.” Environmental Law Association, Johannesburg, South Africa. October 2014.
“The Transformation of the U.S. Electricity System.” University of Copenhagen, Denmark. October 2014.
“Renewable Energy Policy in Denmark: Lessons for Europe and the United States.” Fulbright Annual Meeting, U.S. Embassy in Brussels, Belgium. February 2015.
“Is That All There Is? The Surprising Value of Unenforceable Local Climate Action Plans.” Sustainability Conference of American Legal Educators, Arizona State University, Tempe, Arizona. May 2015
“The Electricity Transition: What the United States and European Union Can Teach Each Other.” Universitat Rovira i Virgili, Tarragona, Spain. March 2015.
Publications
Designing the 4ºC Electricity System to Achieve a 2ºC Future, Env. Law Prof Blog
Environmental Law, Disrupted by Covid-19, 51 Env’t. L. Rep. (2021).
Natural Gas Lock-in, 69 Kan. L. Rev. (2021).
Environmental Law Disrupted by COVID-19, in Env’t. L. Disrupted. (Env’t. L. Rep., 2020).
The Disruptive Potential of Juliana v. United States on Future Federal Climate Litigation, Environmental Law, Disrupted by COVID-19, Env’t. L. Rep. (2021) (with Juliane Fry).
“The Risks of Opting Out of the Clean Power Plan for Western States.” Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map, 52 Idaho L. Rev. __ (forthcoming 2015).
“Lessons From U.S. Biofuels Policy: The Renewable Fuels Standard’s Rocky Ride.” The Law and Policy of Biofuels (forthcoming 2015).
Wind Law. Lexis (forthcoming 2015).
“Is That All There Is? The Surprising Value of Unenforceable Local Climate Action Plans.” Rethinking Sustainable Development to Meet the Climate Change Challenge. ELI Press (2015). With Keith Hirokawa and Jessica Owley.
“Energy Insecurity in an Era of Fossil Fuel Abundance: The United States Experience With Hydraulic Fracturing for Unconventional Gas.” Oliver C. Ruppel and Bernd Althusmann, editors. Macmillan Education Namibia (forthcoming 2015).
“Facilitating the U.S. Renewable Transition: From Ad Hoc Integration to Comprehensive Reform.” IUCN Academy of Environmental Law eJournal, Issue 6, June 2015.
“Sustainable Energy Subsidies.” 43 Environmental Law 211 (2013).
“Citizen Suits in U.S. Environmental Law: An Overview and Assessment.” 11 Envt’l L. & Pol’y 125 (Korean translation) (2013).
Climate Change and the Law. Matthew Bender and Company, second edition (2013). With Professor Chris Wold ’90 and David Hunter.
Daniel Rohlf
Presentations
Comparative Environmental Law (course). Kangwon National University Law School, Chuncheon, South Korea. Spring 2014.
Wildlife Law (course). Colloquium on conservation-reliant species. University of Hawaii’s Richardson School of Law, Honolulu, Hawaii.
A talk on conflicts between renewable energy development and biodiversity conservation. Energy law conference, Kanwon National Law School, Chuncheon, South Korea.
Publications
“The Endangered Species Act at 40: The Good, the Bad, and the Ugly.” 20 Animal Law 251 (2014).
“Conservation-Reliant Species: Toward a Biology-Based Definition.” 64 BioScience 601 (2014). With Carlos Carroll and Brett Hartl JD ’10.
“Connectivity Conservation and Endangered Species Recovery: A Study in the Challenges of Defining Conservation-Reliant Species.” Conservation Letters (forthcoming 2014). With Carlos Carroll and Brett Hartl JD ’10.
David Schraub
Publications
Arguing About Antisemitism: Why We Disagree About Antisemitism, and What We Can Do About It, Ethnic & Racial Studies (forthcoming 2021) (with Dov Waxman and Adam Hosein).
Sadomasochistic Judging, 35 Const. Comm. 437 (2020).
Janet Steverson
Presentations
The School-to-Prison Pipeline: Legislative and Other Solutions (panel). The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Duke Law School, Durham, North Carolina. November 21, 2015.
“The Path Forward From Shelby County v. Holder.” The End of Voting Rights, Touro Law Center, Long Island, New York. March 20, 2014.
School-to-Prison Pipeline—An Oregon Case Study (panel). Lassiter Conference, Freedom From Fear: On Black Childhood and Other Dangers, Lexington, Kentucky. November 21, 2014.
The School-to-Prison Pipeline (panel). Freedom From Fear: Black Childhood and Other Dangers II, Lewis & Clark Black Law Student Association symposium, Portland, Oregon. April 17, 2015.
Publications
“The Path Forward From Shelby County v. Holder.” 7 Journal of Race, Gender, and Ethnicity, Touro College Law Center, and 17 Berkeley Journal of African American Law and Policy (June 1, 2014).
“The Unfulfilled Promise of the Magnuson-Moss Warranty Act.” 18 Lewis & Clark Law Review 155 (2014).
Juliet Stumpf
Awards and Honors
Co-Director of Border Criminologies, Border Criminologies at the University of Oxford’s Centre for Criminology.
Named 2016 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
Media Appearances
Interviewed by Conrad Wilson on NPR for “ICE’s New Tactic To Get Local Law Enforcement Authorities To Cooperate”, March 11, 2020.
Interviewed by Conrad Wilson, OPB, for “Oregon was first sanctuary community to respond to ICE subpoenas”, February 27, 2020.
Interviewed by Andrea Castillo of the LA Times on the background of reporting crimes to local law enforcement from private immigration detention centers, December 26, 2019.
USA Today on Measure 105, October 2019.
Interviewed in El País for “Mcxenofobia a la carta”, July 16, 2019.
KATU TV interview, April 2019.
Interviewed by Ana González-Páramo for “Crimigración.” El País, February 3, 2019.
Interviewed by Tina Vasquez for “Trump’s Anti-Immigrant Policy Suffers Big Legal Blow.” Rewire, July 25, 2017.
Referenced by Tina Vasquez in “‘Crimmigration’ and the Need for Actual Sanctuary Cities.” Rewire, May 9, 2017.
Interviewed by Conrad Wilson for “30 Years Later, Oregon’s ‘Sanctuary State’ Law Serves as a Model for Others.” OPB, April 17, 2017.
Interviewed by Julia Preston for “The Immigration Policy That Ate the Justice Department.” The Marshall Project, April 16, 2017.
Interviewed by Chris Liedle for “Immigration Lawyer Shortage Nearing Crisis.” KATU-2, April 2, 2017.
Interviewed for a news segment on the 9th Circuit’s decision to stay President Trump’s travel ban. KGW, February 9, 2017.
Interviewed by Kevin Harden for “Law Professors Opposing Sessions’ AG Nomination See Trouble Ahead for Rights, Environment.” Portland Tribune, January 9, 2017.
Interviewed by Aditi Roy for “What’s at Stake in Trump’s Immigration Battle With Sanctuary Cities.” CNBC Evening News, January 25, 2017.
Interviewed by Beth Slovin for “One Strike, You’re Out: Portland Man’s Immigration Case Illustrates Pitfalls Pre-Trump.” Willamette Week, December 7, 2016.
Interviewed by Melody Finnemore for “Hope Amid Despair: Oregon Attorneys, Law Students Help Immigrants in Need.” Oregon State Bar Bulletin, August/September 2015.
Interviewed by Alice Popovici for “Will ‘Sanctuary Cities’ Survive?” The Crime Report, July 23, 2015.
Interviewed by Julia Preston for “Republicans Resist Obama’s Move to Dismantle Apparatus of Deportation.” The New York Times, January 15, 2015.
Interviewed on the refusal of Oregon sheriffs to accede to immigration hold requests. KBOO Radio.
Interviewed on the refusal of Oregon sheriffs to accede to immigration hold requests. The Oregonian.
Interviewed on the refusal of Oregon sheriffs to accede to immigration hold requests. The New York Times.
Interviewed on the refusal of Oregon sheriffs to accede to immigration hold requests. Oregon Public Broadcasting Radio.
Interviewed on the refusal of Oregon sheriffs to accede to immigration hold requests. Al Jazeera Television.
Presentations
“Justifying Family Separation” (Panelist), Law and Society Annual Meeting, May 2020.
“Surveillance, Law Enforcement, and Immigration: Trends in the Age of Big Data” (Panelist) at PICUM: Data Protection, Immigration Enforcement and Fundamental Rights, November 14, 2019.
“The Terrorism of Everyday Crime” (Roundtable), Trump, Brexit & Fortress Europe: Crimmigration Exclusion in the Midst of Resurgent Nationalism, November 2019.
“Justifying Family Separation” (Keynote Lecture), Sites of Violence: The Scene and the Unseen, November 2019.
Panelist for “Big Immigration Law”, Rocky Mountain Fall Conference with Professor Robin Walker Sterling, DU Law, Senator Julie Gonzalez, Colorado Senate at Denver University Law School, Denver, Colorado.
“Liminal Immigration Law” (Paper), UBC Law Faculty Colloquium, October 4, 2019.
Presentation on ACS Supreme Court Review/Preview panel Portland, OR. September 1, 2019.
Othering Mothers (Panel).Geography of Punishment and Incarceration panel, Law and Society Association Annual Meeting, Washington, D.C. May 2019.
The Terrorism of Everyday Crime (Special Lecture). Oxford University, Border Criminologies and the Centre for Criminology, February 2019.
Big Immigration Law (Essay Presentation). CINETS Crimmigration Control conference, Queen Mary University of London. October 2018.
Testified at City Club regarding Measure 105, August 2018.
The Populism & Nationalism of Immigration Law & Policy in the Age of Trump, Brexit & Fortress Europe (Roundtable). Contextualizing and problematizing (cr)immigration decisions, Law and Society Association Annual Meeting, June 2018, Toronto.
Panelist, “Massive Collaborative Representation as Resistance,” Beyond Critique: Celebrating 5 Years of Border Criminologies, Centre for Criminology, Oxford University, April 19, 2018.
“Immigration Detention in the Age of Migration Control.” University of Southern California Gould School of Law, Los Angeles, California. April 7, 2017. With Michael Flynn and Stephen Manning.
Executive Re-Ordering (panel). The Future of Labor and Employment Law: Power, Policies, and Politics, Washburn University School of Law, Topeka, Kansas. February 23, 2017.
“Seeking Asylum Under the Trump Administration.” Multnomah County Courthouse, Portland, Oregon. January 27, 2017. With Amy Adams, Steve Goldberg, Favio Perez, and Jamie Trinkle.
Ending Family Detention: How Can We Establish Durable Barriers to Prevent the Mass Incarceration of Children and Asylum-Seekers? (roundtable). Fifth Annual Immigration Litigation Roundtable, Yale Law School. December 11, 2015.
D(E)volving Discretion (panel). Oregon American Immigration Lawyers Association Fall CLE, Portland, Oregon. October 22, 2015. With David Drasin, Elizabeth Godfrey, John Marandas, and Chanpone Sinlapasai.
Crimmigration 2.0 (panel). Fall Symposium on Crimmigration: At the Border of Criminal Justice and Deportation, New England Law, Boston, Massachusetts. November 5, 2015.
Congressional Dysfunction and Executive Lawmaking During the Obama Administration (panel). Association of American Law Schools Annual Meeting, Washington, D.C. January 5, 2015. Televised on C-SPAN.
The Nation State Under Threat: Reaffirming Boundaries Through Migration Control (panel).
On criminal history discrimination. Post-Deportation Human Rights Project’s conference on the draft, International Convention on the Rights of Forcibly Expelled Persons, Dover, Massachusetts.
Flipping the Law School Classroom—The Transformative Immigration Law Seminar (panel). Connecting Students With Social Movements and Advocacy.
“Civil Detention and Other Oxymorons.” Law & Society Association Annual Meeting, Minneapolis, Minnesota.
“Civil Detention and Other Oxymorons.” Immigration Law Teachers Workshop, University of California at Irvine Law School.
Publications
The Terrorism of Everyday Crime, (Fordham Press, 2020) (with Robert Koulish).
Blog, Resistance is not as Useless as We Believed, Jotwell, June 12, 2020.
Justifying Family Separation, Wake Forest Law Review, (forthcoming 2020).
“Divorcing Deportation: The Oregon Trail to Immigrant Inclusion.” Lewis & Clark Law Review symposium issue (co-authored with Lindsay Jonasson, Teresa Smith, Alex Boon, Ben España, and Stephen W. Manning), 22 Lewis & Clark L. Rev. 623 (2018).
“D(E)volving Discretion: Lessons From the Life and Times of Secure Communities.” American University Law Review, vol. 64, issue 5, 1259-1284 (forthcoming 2015).
“Crimmigration: Encountering the Leviathan.” The Routledge Handbook of Migration and Crime, Sharon Pickering, editor (forthcoming 2014).
“Civilizing Civil Detention.” JOTWELL, the Online Journal of Things We Like (Lots).
Elaine Sutherland
Appointments and Service
Organizer for the U.N. Convention on the Rights of the Child Implementation Project Colloquium: Doing the “Best” for Children and Young People? Best Interests, Welfare, and Well-Being. Edinburgh, Scotland. June 9-10, 2015
Presentations
“Article 3 of the U.N. Convention on the Rights of the Child: The Challenges of Vagueness and Priorities.” Third Annual U.N. Convention on the Rights of the Child Implementation Project Colloquium: Doing the “Best” for Children and Young People? Best Interests, Welfare, and Well-Being. Edinburgh, Scotland. June 2015.
“Article 6 of the U.N. Convention on the Rights of the Child: The Right to Life, Survival, and Development.” Second Annual CRC-IP Colloquium, Stellenbosch University Law Faculty, South Africa. March 2014.
Publications
“Scots Child and Family Law: Liberty, Equality and Protection Revisited.” Juridical Review, pp. 33-52. Thomas Reuters: Scotland. March 17, 2019.
“Child Custody and Cognate Concepts: The Challenges” In Routledge Handbook of International Family Law, pp.127-143. Routledge: London and New York. (2019).
“Article 2 of the United Nations Convention on the Rights of the Child: Non-Discrimination and Children’s Rights” In Child Rights and International Discrimination Law: Implementing Article 2 of the UN Convention on the Rights of the Child, pp. 23-39. Routledge: London and New York. 2019.
Author of book chapter, “Article 2 of the United Nations Convention on the Rights of the Child: Non-Discrimination and Children’s Rights,” 2018.
Author of book chapter, “Child Custody and Cognate Concepts,” 2018.
“Scotland: Proactive Child Protection: A Step Too Far?,” book chapter, 2017.
“The Child’s Right to Life, Survival, and Development: Evolution and Progress.” Stellenbosch Law Review, vol. 26, issue 2, 272-294 (2015).
Law Making and the Scottish Parliament: The Early Years (editor). Edinburgh University Press (2014). With Fraser P. Davidson, Kay E. Goodall, and Gavin F.M. Little.
Family Law. W. Green (2014).
“Scotland: Win Some, Lose Some, But Never Give Up.” International Survey of Family Law. 2015 edition, Bill Atkin, editor. Jordans/Family Law (2015).
“It Is a Wise Child…: The Ongoing Debate About Fatherhood in Scotland.” Journal of the Law Society of Scotland online (June 16, 2014).
“Listening to the Child’s Voice in the Family Setting: From Aspiration to Reality.” 26 (3) Child & Family Law Quarterly 152 (2014).
“Cohabitation.” The Routledge Handbook of Family Law and Policy. John Eekelaar and Rob George, editors, Routledge (2014).
Pronounced for Doom: Early Scots Law Tales (edited). Avizandum Publishing (2013). With Professor John P. Grant.
“Martyrs to Circumstance: Longworth v Yelverton.” Pronounced for Doom: Early Scots Law Tales. Avizandum Publishing (2013).
“Listening to the Voice of the Child: The Evolution of Participation Rights.” 26 New Zealand Law Review 335 (2013).
Joyce Tischler
Presentations
“Animal Law and Policy Course” at the University of Melbourne, Australia, with Professor Christine Parker, on April 27, 2021.
Publications
Industrial Animal Agriculture Law: Cases and Materials (Carolina Academic Press, forthcoming 2022) (with Bruce Myers and Sonia Waisman).
Janice Weis
Presentations
Yosemite and the Law—150 Years Later (panel). California Bar Environmental Section Annual Yosemite Conference, Yosemite National Park, California. October 19, 2014.
Chris Wold
Appointments and Service
Provider of legal and technical support through the International Environmental Law Project to the Alliance of Small Island Developing States during the climate change negotiations in Warsaw, Poland. With seven students, whom he supervised.
Presentations
“Achieving Coherence in Climate Finance.” Korean Ministry of Environment, Seoul, South Korea.
“Loss and Damage: Distinguishing the Loss and Damage and Adaptation Workplans.” Korean Ministry of Environment, Seoul, South Korea.
“The Role of Lawyers and Law Students in Reversing Trends in Wildlife Trafficking.” Public Interest Environmental Litigation and Education for Creative Environmental Lawyers: From Practitioners’ Perspectives, Kangwon National University, South Korea.
Recent U.S. and International Efforts to Combat Illicit Wildlife Trafficking symposium, American Bar Association and Environmental Law Institute.
On trends in international wildlife trafficking. Endangered Species Act at 40: Examining Its Past and Exploring Its Future conference.
“The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at 40.” University of California at Davis.
Publications
“Living Within Our Carbon Budget” (op-ed). The Oregonian.
“Addressing the Underreporting of Methane Emissions From Natural Gas Production and Thawing Permafrost.” 23 Review of European Community and International Environmental Law (2014). With Victoria Johnston ’15 and Benjamin Saver ’14.
“Increasing Mitigation Ambition: Establishing ‘Mitigation Reference Points’ to Trigger Mandatory Greenhouse Gas Reductions.” 44 Environmental Law 225 (2014). With Amelia Schlusser JD ’13, LL.M. ’14.
“Climate Change, International Trade, and Response Measures: Options for Mitigating Climate Change Without Harming Developing Country Economies.” 46 George Washington International Law Review (2014). With Don Gourlie ’14 and Amelia Schlusser JD ’13, LL.M. ’14.
“Addressing Climate Change Through Nonclimate International Instruments” (coauthor). Global Climate Change and U.S. Law. Second edition. Michael B. Gerrard, editor (2014).
Climate Change and the Law. Second edition. With Professor Melissa Powers ’01.
Tung Yin (溵其彤)
Media Appearances
Interviewed by Maxine Bernstein for the Oregonian on “Retired Hood River County DA accused of issuing criminal citation at hospital due to alleged ‘personal agenda‘” on October 12, 2021.
Interviewed by Simon Gutierrez for KPTV News on “Legal challenges likely after Biden issues vaccine mandates” on September 13, 2021.
Interviewed by Noelle Crombie for the Oregonian on “Oregon State Police troopers, firefighters sue Gov. Kate Brown over COVID-19 vaccine mandate” on September 3, 2021.
Interviewed by Conrad Wilson for Oregon Public Broadcasting on “Court fight to protect racial justice protesters could benefit US Capitol attackers”, May 6, 2021.
Interviewed by Elizabeth Bruenig for The New York Times on “The Fire Last Time”, January 19, 2021.
Interviewed by Elizabeth Bruenig for the New York Times on “The Fire Last Time: Timothy McVeigh’s 1995 attack in Oklahoma City spurred legislation that gutted death row inmates’ rights. In the wake of the siege of the Capitol, will we make a similar mistake?”, January 19, 2021.
Interviewed by Kellee Azar, KATU News, for Oregon law protects reproductive rights if Roe v. Wade overturned, October 27, 2020.
Interviewed by Jonathan Levinson & Rebecca Ellis, OPB, for Portland pulls officers from federal deputations, but legal questions swirl, October 5, 2020.
Interviewed by Katherine Kisiel, KATU News, for Trump Threatens to Defund Lawless Cities Like Portland, September 2, 2020.
Interviewed by Noelle Crombie, The Oregonian, for ‘I’m a Brown man … and you’re white’; Oregon Shakespeare Festival actor’s arrest, rough jail treatment spur condemnation, lawsuit, calls for review, August 29, 2020.
Interviewed by Harper Neidig, The Hill, for Appeals court rules due process rights don’t apply to Guantanamo detainees, August 28, 2020.
Interviewed by Carl Segerstrom, High Country News, for Federal boots on city streets, August 26, 2020.
Interviewed by Allison Mechanic for KATU News on “President Trump tweets Oregon leaders should bring National Guard to Portland”, August 8, 2020.
Interviewed by Noelle Crombie for “Acting Homeland Security Secretary Chad Wolf Tweeted Unauthorized Photographs of Federal Courthouse in Oregon”. The Oregonian. July 20, 2020.
Interviewed by Cristin Severance for “Is it legal for Portland police to mark protesters’ cars with spray paint?”, KGW News, June 3, 2020.
Interviewed by Noelle Crombie for “Frank Gable ‘excited’ at prospect of freedom as state considers options in Michael Francke case.” The Oregonian, April 19, 2019.
Interviewed by Nigel Jacquiss, “Five Things We’ve Learned So Far in the Sexual Assault Trial of Charles McGee and Aubré Dickson.” Willamette Week. March 20, 2019.
Interviewed by Jeff Mordock for “Thought police: Small criminal charges used to stop large-scale terrorism caught in legal gray area.” The Washington Times. March 10, 2019.
Interviewed by Patrick Gregory for “Aspiring Lawyers Warned About Twitter, Social Media Perils.” Bloomberg News. August 20, 2018.
Interviewed by Bob Heye for “DOJ Explores Possible Charges for Elected Officials in Sanctuary Cities, States.” KATU, January 17, 2018.
Interviewed by Bob Heye for “Local Law Professor Talks Manafort, Gates Indictments: ‘Which Way Does That Turn?’” KATU News, October 30, 2017.
Interviewed by Larry Neumeister for “Lawmakers Facing Corruption Charges See Hope in Court Ruling.” Associated Press, August 12, 2017.
Interviewed by Joe Douglass for “Cylvia Hayes Gives First Interview Since Feds Cleared Her of Criminal Wrongdoing.” KATU News, July 10, 2017.
Interviewed by Nick Budnick for “State Hiding Communication Plan in FamilyCare Battle.” Portland Tribune, July 3, 2017.
Interviewed by Claire Withycombe, Paris Achen, and Nick Budnick for “No Charges Against Kitzhaber, Hayes.” Portland Tribune, June 23, 2017.
Interviewed by Aimee Green for “End of Criminal Investigation Into Kitzhaber, Hayes Comes As No Surprise to Experts.” Oregonian, June 17, 2017.
Interviewed by Tim Becker for “Wyden at the Table as Comey in Spotlight.” KOIN News, June 8, 2017.
Interviewed by Aubrey Wieber for “Deschutes County Gag Orders Trouble Legal Experts.” Bend Bulletin, April 30, 2017.
Interviewed by Kyle Iboshi for “Terri Horman’s Ex-Boyfriend Alleges Murder-for-Hire Plot in 1990.” KGW News, April 18, 2017.
Interviewed by Pat Dooris for “Suspect in Vancouver Police Shooting Was Wanted for Parole Violation.” KGW TV, February 27, 2017.
Presentations
“20 Years After 9/11: Lessons Learned” (Lecture) at the Univeristy of Arizona, on September 13, 2021.
“Watching the Terror Watchlist” (Podcast), Co-presented with Joe Whitley & Adam Pearlman, April 17, 2020.
Foreign Intelligence Surveillance and the Constitution (Lecture) at Meeting of the Columbia River Chapter of the Association of Former Intelligence Officers, Beaverton, OR, October 29, 2019
National Security Lies. Brigham Young University School of Law, Provo, Utah. October 22, 2018. With Erik Jensen.
National Security and Privacy (panel). 2017 Oregon District Court Conference, Portland, Oregon. October 6, 2017. With Jennifer Granick and Todd Hinnen.
“Conlawfare.” Conlawfare, University of Colorado Law School, Boulder, Colorado. October 4, 2017.
Game of Drones: Defending Against Drone Terrorism (lecture and panel). Rutgers University Law School, Newark, New Jersey. January 20, 2016. With Brian Alexander and Adil Haque.
Building a Culture of Dialogue (roundtable). Oregon Bar Press Broadcasters Council, Tigard, Oregon. March 7, 2015. With U.S. District Judge Michael Simon, Multnomah County District Attorney Rod Underhill, and Metro Public Defender Lane Borg ’83, among others.
“Why Didn’t the Grand Juries Indict in the Michael Brown and Eric Garner Homicides? Some Thoughts on the Ferguson and Staten Island Cases.” Reed College, Portland, Oregon. February 3, 2015.
The Fourth Zone of Presidential Power (debate). Federalist Society, Concordia University Law School, Boise, Idaho. November 20, 2014. With Professor Chad DeVeaux.
Game of Drones: Defending Against Drone Attacks (panel). New Technology and Old Law: Rethinking National Security Law Review Symposium, Texas A&M University School of Law, Fort Worth, Texas. October 17, 2014.
“Targeted Killings, Drones, and Civil Rights.” Town Club, Portland, Oregon. May 2014.
“Modern Militias: Fostering Stability or Sowing Strife?” Lewis & Clark 52nd Annual International Affairs Symposium, Portland, Oregon. April 2014.
Publications
Learning from the Jeffrey Epstein Mess: It’s Time to Add a Cause of Action for Damages to the Crime Victims’ Rights Act, 69 Kan. L. Rev. (forthcoming 2021).
“Review of Disrupt, Discredit, and Divide: How the New FBI Damages Democracy”, Criminal Law and Criminal Justice Books, Rutgers University, Newark, NJ, July 27, 2020.
“The Perspective of the Reasonable Officer on the Scene: My Trip to the Shooting Simulator.” Ohio State Journal of Criminal Law, Vol. 16, No. 1, pp. 207-219. 2018.
Review of American Cipher: Bowe Bergdahl and the U.S. Tragedy in Afghanistan by Matt Farwell and Michael Ames. Criminal Law and Criminal Justice Books: Rutgers University, New Brunswick, New Jersey (2019).
“National Security Lies,” article, March 14, 2018.
“Justice Scalia as Neither Friend nor Foe to Criminal Defendants.” Akron Law Review, vol. 50, issue 2 (July 1, 2017).
“Is It Terrorism or Mass Murder? That Depends on Our Biases.” Washington Post (June 16, 2017).
“Hollywood’s Sexual-Abuse Double Standard.” The Oregonian/OregonLive, August 1, 2015.
“Reflections on My Short Tenure as the Iowa Law Review Faculty Advisor.” Iowa Law Review, Iowa City, Iowa, vol. 100, May 1, 2015.
“Security Screening: Science or Sorcery?” JURIST, University of Pittsburgh School of Law, April 13, 2015.
“A Limited Case for Capital Punishment” (op-ed). The Oregonian/OregonLive, March 6, 2015.
“Embassy Bomber Faces Justice; What Do These Cases Say About Terrorism Prosecution?“ JURIST, February 20, 2015.
“Snowden’s Defense Is a Legal Minefield.” Handelsblatt, May 6, 2014.
“Oversight Board May Lead to Surveillance Changes.” JURIST Forum, February 12, 2014.
Law School Faculty is located in Legal Research Center on the Law Campus.
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