Law Faculty
Highlights
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Publication
”A Dozen Landmark Nuisance Cases and Their Environmental Significance.” Arizona Law Review vol. 62, issue 2, University of Arizona, Tuscon, AZ. April 30, 2020.
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Publication
“Environmental Law at 50: A Cutting-Edge Journal Examining the Central Issues of Our Time.” Environmental Law, Vol. 50, No. 1. January 1, 2020.
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Publication
“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.
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Publication
“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.
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Presentation
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
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Presentation
Panelist for “Chernaik v. Brown and the Atmospheric Trust Litigation” at Chernaik v. Brown and the Atmospheric Trust Litigation, Portland, Oregon, November 7, 2019.
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Media Appearance
Interviewed by staff for “Trials and Tribulations in the ITIN Unit.” Procedurally Taxing. November 6, 2019.
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Presentation
Oregon’s New Death Penalty Legislation (Lecture) for Women in Criminal Law: Oregon’s New Death Penalty Legislation, Lewis and Clark Law School, Portland, OR, October 30, 2019.
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Publication
“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.
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Media Appearance
Interviewed by Kira Lerner for ARIZONA PROSECUTOR COMMISSIONS REPORT THAT ARGUES AGAINST LENIENCY FOR TEENS WHO COMMIT CRIMES, The Appeal, November 1, 2019.
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Publication
“Military Involvement in the Shaping of the Constitutional Order: Turkey.” Cambridge University Press, Cambridgeshire, UK. (2019)
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Publication
“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.
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Publication
“Captive Wildlife Under the Endangered Species Act” in Endangered Species Act, Ed. 2. American Bar Association. With Heather Rally and Jared Goodman. October 30, 2019.
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Presentation
Panelist for “Transforming Animals’ Status through Civil Litigation” at the Animal Law Conference, Portland, Oregon, October 26, 2019.
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Presentation
“The Belloni Decision: Context and Legacy” at Symposium on U.S. v. Oregon After 50 Years, Portland, OR.
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Publication
“Is the Environmental Appeals Board Unconstitutional or Unlawful?” Environmental Law, Portland OR. October 14, 2019.
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Presentation
Animal Law, Regulation and Policy Involving Animal Research (Lecture). Animals in Research Breakfast, Chicago, IL. October 13, 2018.
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Presentation
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.
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Media Appearance
Interviewed by Blair Stenvick for Supreme Court Case Could Overturn Oregon’s Problematic Spilt-Jury Rule, Portland Mercury, October 7, 2019.
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Media Appearance
Op-ed on Opinion: Attorney General Rosenblum is on the wrong side of history, Oregonian, October 6, 2019.
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Media Appearance
Interviewed by Conrad Wilson for SCOTUS Takes Up Case That Could End Non-Unanimous Juries In Oregon, OPB Radio, October 6, 2019.
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Media Appearance
Interviewed by John Zimmerman for U.S. Supreme Court to take up Louisiana Unanimous Jury Law on Opening Day of New Term, Times Picayune and New Orleans Advocate, October 5, 2019.
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Presentation
“Liminal Immigration Law: Dreamers, Detainers, and Law that Just Won’t Quit”, Border Speaker: Juliet Stumpf, University of British Columbia, Vancouver BC, Canada.
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Presentation
Speaker “Justifying Family Separation: of Criminal Aliens and Alien Mothers” at Borders Speaker: Juliet Stumpf, University of British Columbia, Vancouver BC, Canada.
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Presentation
Federal and State Collection Alternatives (CLE Presentation) for Broadbrush Taxation: Tax Law for the Non-Tax Lawyer, Oregon State Bar, Tigard, OR. October 3, 2019.
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Presentation
Legal Issues for the Entrepreneur: Tools to Manage Risk & Liability (Presentation) for Russian-Language Business Foundations Class at Mercy Corp NW, Portland, OR. October 3, 2019.
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Publication
“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
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Media Appearance
USA Today on Measure 105, October 2019.
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Publication
“Alien Citizens: Kurds and Citizenship in the Turkish Constitution.” Virginia Journal of International Law, Vol. 57, pp. 769. University of Virginia School of Law, Charlottesville, VA. October 1, 2018
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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.
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Awards and Honors
Co-Director of Border Criminologies, Border Criminologies at the University of Oxford’s Centre for Criminology.
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Media Appearance
Interviewed by Blair Stenvick for Oregon’s Death Penalty is Almost Nonexistent—So Why Can’t We Get Rid of It?, Portland Mercury, September 25, 2019.
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Media Appearance
Interviewed by Jordan Rubin on Jury Verdicts in Spotlight on Supreme Court’s Opening Day, Bloomberg News, September 24, 2019.
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Media Appearance
Blog for Procedurally Taxing regarding “Innocent Spouse Survives Motion to Dismiss in Jurisdictional Fight with the IRS”, September 18, 2019.
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Presentation
Animal Law Overview (Lecture). Lewis & Clark Law School, Portland, OR. September 13, 2018.
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Media Appearance
Interviewed by Aubrey Wieber for “Supreme Court ruling on unanimous verdicts could throw Oregon convictions into question,” Bend Bulletin, September 11, 2019.
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Media Appearance
Interviewed by Elizabeth Weill-Greenberg for “He Entered Prison as a ‘Whiskerless Kid.’ Will Oregon Ever Let Him Out?” The Appeal, September 3, 2019.
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Publication
“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.
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Presentation
Presentation on ACS Supreme Court Review/Preview panel Portland, OR. September 2018.
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Publication
“Climate Litigation in the Global South: Constraints and Innovations.” Transnational Environmental Law. Cambridge University Press, Cambridgeshire, UK. With Joana Setzer. August 31, 2019.
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Media Appearance
Eugene Register-Guard on “Rough Waters on Lake Oswego” regarding Oregon public trust doctrine, August 29, 2019.
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Presentation
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.
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Media Appearance
Interviewed by Andrew Selsky for “Oregon Defends Post Nonunamimous Jury Verdicts to High Court”.
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Media Appearance
Interviewed by Conrad Wilson on OPB Radio for “Oregon Justice Department Warns Supreme Court About Scrapping Unanimous Juries.”
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Media Appearance
Interviewed by Ian MacRonald for “Split Jury System Rooted in Oregon Nativism.” The Corvallis Advocate, August 16, 2019.
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Publication
“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.
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Publication
“Free Exercise (Dis)honesty.” Wisconsin Law Review. 2019.
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PublicationAuthor, Cases and Problems in Civil Rights Litigation: State, Federal, and International Perspectives, Semaphore Press, Forthcoming 2019.
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Appointments and Service
Appointed to serve two three-year terms (max. period) as the academic member of the Federal Civil Rules Advisory Committee.
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Publication
“Recent Developments in Constitutional Law and Separation of Powers” in Recent Developments in Administrative Law and Regulatory Practice. ABA Press: Chicago, IL (2019).
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Publication
“The Planet’s Future on the Judicial Docket.” The Oregonian (Guest Column). June 2, 2019. With Mary Christina Wood.
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Appointments and Service
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.
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Media Appearance
Interviewed by Abbey McDonald for “A Decades-Long Battle to Release an Orca Comes to Portland Today.” Willamette Week. July 27, 2019.
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Presentation
Litigation on Behalf of Lolita (Lecture). Lolita: Slave to Entertainment – Documentary Screening and Legal Discussion. Lewis & Clark Law School, Portland, OR. With Kathy Hessler and Amy Wilson. July 27, 2019.
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Presentation
Legal Advocacy for Lolita (Lecture). Liberation 4 Lolita, Courthouse Square, Portland, OR. With Michelle Seidelman and Chief Jesse Nightwalker, Palouse Tribe. July 27, 2019.
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Publication
“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.
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Media Appearance
Interviewed by Kelsey Landis for “Environmental Law Students Are Behind a Movement to Protect Underrepresented Communities.” Insight into Diversity. July 15, 2019.
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Media Appearance
Interviewed by Aimee Green for “New law would limit Oregon’s death penalty to rare cases: Accused MAX train killer Jeremy Christian and others would face life in prison.” The Oregonian. July 12, 2019.
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Presentation
Confronting America’s Captive Tiger Crisis (CLE Lecture). Hot Topics in Environmental Law, Vermont Law School, South Royalton, VT. With Heather Rally. July 9, 2019.
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Media Appearance
Interviewed by The Oregonian staff for “Lawmakers Vote to Substantially Limit Oregon’s Death Penalty.” The Oregonian. June 30, 2019.
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Presentation
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.
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Appointments and Service
Appointed Advisory Board Member of Big Cat Sanctuary Alliance on Jun 19, 2019.
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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.
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Presentation
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.
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Presentation
“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.
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Appointments and Service
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.
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Appointments and Service
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.
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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.
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Awards and Honors
University of Oxford, Faculty of Law. Invited to be a Visiting Professor of Law at Oxford University. October, 2018.
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Awards and Honors
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.
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Appointments and Service
Legal Hackathon (Participant). Multnomah Bar Association. Portland, OR. May 17, 2018.
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Appointments and Service
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.
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Awards and Honors
Named a 2018–2019 Fulbright scholar.
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Awards and Honors
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.
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Appointments and Service
Appointed Vice Chair of the American Bar Association Pro Bono and Tax Clinics Committee from July 1, 2018 to December 31, 2019.
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Appointments and Service
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.
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Appointments and Service
Organizer of the Lewis & Clark Law Review’s 2017 Paper Symposium, Law and Religion in an Increasingly Polarized America.
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Awards and Honors
Named 2017 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
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Appointments and Service
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.
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Appointments and Service
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.
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Appointments and Service
Moderator for Business of Food panel at the 2017 Food Law Symposium at Lewis and Clark Law School, March 2017.
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Awards and Honors
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.
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Appointments and Service
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.
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Awards and Honors
Selected as a Pound Institute Academic Fellow. October 17, 2016.
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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.
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Appointments and Service
Elected treasurer of the board of directors for the Virginia Garcia Memorial Health Center. August 24, 2016.
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Appointments and Service
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.
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Appointments and Service
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.
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Awards and Honors
Named 2016 recipient of the Leo Levenson Award for Excellence in Teaching by the graduating class of Lewis & Clark Law School.
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Awards and Honors
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Awards and Honors
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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; 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.
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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.
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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 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.
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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; 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.
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Appointments and Service
Judge for the final rounds of the Classroom Law Project’s We the People competition. Portland, Oregon. January 16, 2016.
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Awards and Honors
Recipient of the inaugural AALS Animal Law Section Award for Excellence in Animal Law: Teaching, Scholarship, and Service. January 9, 2016.
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Awards and Honors
Winner of the Federalist Society’s Young Legal Scholars Paper Competition for his paper “Structural Rights.” January 7, 2016.
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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.
