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Joshua D. Rosenberg

Professor

Professor Joshua D. Rosenberg has two main areas of expertise: (1) tax law, and (2) the role of human behavior and psychology in the law.

Professor Rosenberg is the co-author of leading treatises in federal income tax and in corporate tax, as well as co-author of the nation’s leading casebooks in corporate tax, partnership tax, and taxation of business enterprises. His many scholarly tax articles have been published in journals including the Michigan Law Review, Stanford Law Review, and Virginia Law Review. In addition, Rosenberg has consulted with U.S. senators, the Senate Finance Committee, and the California Franchise Tax Board to devise, enact, and implement tax legislation and regulations.

Rosenberg has long been at the forefront of bringing an understanding of human behavior and psychology to the law and to law schools. He was among the first in the nation to create law school courses in negotiation and mediation, and mediation clinics, and now the very highly regarded course Interpersonal Dynamics for Attorneys. As well as teaching in this area, he has been an alternative dispute resolution advisor and consultant to both the Judicial Council of California and the U.S. District Court for the Northern District of California, and in that role helped the federal and state courts establish leading programs in court-related mediation and other forms of alternative dispute resolution. He has also been a faculty member for the California Judicial Education and Research Institute, where he taught alternative dispute resolution to judges. His articles on mediation and on interpersonal dynamics have been published in the Stanford Law Review, the Arizona Law Review, the Miami Law Review, and many other journals, and have been reprinted in numerous books on ADR. He is also a member of the mediation and arbitration panels of the American Arbitration Association and a member of the mediation and early neutral evaluation panels of the U.S. District Court for the Northern District of California.

Rosenberg has been a visiting professor at the law schools of New York University, UC Berkeley, and Stanford University.

Education
  • BA, Case Western Reserve University
  • Ed. D, University of San Francisco
  • JD, New York University
  • LLM, New York University
Prior Experience
  • Director, Civil Rights Project, Neighborhood Legal Aid Society, in Richmond, Va
  • Trial Attorney, U.S. Dept. of Justice
  • Law Clerk, United States Court of Appeals for the Fourth Circuit
Awards
  • Distinguished Professor Award, USF School of Law (1983, 1984, 1986)
TitleOutletsDate
"After uniform commercial code, take a course in meditation"The National Law Journal10/03/08
Books
  • Practical Guide to Corporate Taxation (CCH/Wolters Kluwer, 2012). (Co-authored with Adjunct Professor Dominic Daher and Steve Johnson.)
  • Fundamentals of Business Enterprise Taxation (Westbury, N.Y.: Foundation Press, 1997, Third Edition 2005, Fourth Edition 2008). (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
  • Fundamentals of Corporate Taxation: Cases and Materials (Westbury, N.Y.: Foundation Press, 1984, Sixth Edition 2005, Seventh Edition 2008). (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
  • Fundamentals of Partnership Taxation (Westbury, N.Y.: Foundation Press, 1983, Seventh Edition 2005, Eighth Edition 2008). (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
  • The Law of Federal Income Taxation (West Publishing Hornbook Series, 2008). (Co-authored with Dominic Daher.)
Law Review and Journal Articles
  • "From Four Part Tests to First Principles: Putting Free Speech Law into Perspective," St. John's Law Review (forthcoming). (Co-authored with Professor Joshua Davis.)
  • "Government as Patron or Regulator in the Student Speech Cases," 83 St. John’s Law Review 1047 (2010). (Co-authored with Professor Joshua Davis.) SSRN
  • "The Inherent Structure of Free Speech Law," 19 William and Mary Bill of Rights Journal 131 (2010). (Co-authored with Professor Joshua Davis.) SSRN
  • "Narrowing the Tax Gap: Behavioral Options," 117 Tax Notes  517 (2007).
  • "A Reply to Professor White," 32 Ohio Northern University Law Review 311 (2006). SSRN
  • "Interpersonal Dynamics: Helping Lawyers Learn the Skills, and the Importance of Human Relationships in the Practice of Law," 58 Miami Law Review 1225 (2004). SSRN
  • "Teaching Empathy in Law School," 36 University of San Francisco Law Review 621 (2002). SSRN
  • "A Helpful and Efficient IRS: Some Simple and Powerful Suggestions," 88 Kentucky Law Journal  33 (1999-2000). SSRN
  • "The Psychology of Taxes: Why They Drive Us Crazy and How We Can Make Them Sane," 16 Virginia Tax Review 155 (1996). SSRN
  • "Alternative Dispute Resolution: an Empirical Analysis," 46 Stanford Law Review 1487 (1996). (With Jay Folberg) SSRN
  • "The Use of Mediation in Small Claims Courts," 9 Ohio State Journal on Dispute Resolution  55 (1993). (With Susan Raitt, Robert Barrett, and Jay Folberg) SSRN
  • "Use of ADR in California Courts: Findings & Proposals," 26 University of San Francisco Law Review  343 (1992). (With Robert Barrett and Jay Folberg) SSRN
  • "In Defense of Mediation," 33 Arizona Law Review 467 (1991). (Reprinted in Riskin, Westbrook, et al., Dispute Resolution and Lawyers (West 2005), 30 Family & Conciliation Courts Review 422 (1992); Tracht-Huber & Haker, Alternative Dispute Resolution: Strategies for Law and Business (Bender 1997) SSRN
  • "Tax Avoidance and Income Measurement," 87 Michigan Law Review 365 (1988). SSRN
  • "Better to Burn Out Than to Fade Away? Tax Consequences on the Disposition of a Tax Shelter," 71 California Law Review 87 (1983). SSRN
Book Contributions
    Opinion Pieces and Blog Posts
    • "One Law School Course You Should Not Miss," The Complete Lawyer (2007). SSRN
    • "There Are No 'Straightforward' Conversations," The Complete Lawyer (2007). SSRN
    • "Tax Aspects of Incentive Compensation Disgorgement: Good Motives Raise Serious Questions About Deductibility," Daily Tax Report (August 2005). (With Dominic L. Daher in issue No. 166.)
    • "Mandatory Mediation," National Law Journal (1994). (Special ADR Issue)
    • "The Psychology of Mediation," The Recorder (1994). (Special Supplement on ADR)
    • "Fear and Loathing on the Road to Settlement," Legal Times (September 1994). (With Sara Goren)
    Other Publications
    • Host, Psychtalk. (Weekly radio program)
    Briefs
      Court Citation of Research
        Presentations
        • Presenter, "Tax Compliance," California Tax Lawyers Association, San Francisco, Calif. (April and August 2011).
        • Presenter, "University of San Francisco School of Law lecture to a delegation of 26 Thai students and faculty from Assumption University," (April 2010).
        • Presenter, "Interpersonal Dynamics," Institute for Law Teaching and Learning Conference "Implementing Best Practices and Educating Lawyers: Teaching Skills and Professionalism across the Curriculum," Spokane, Wash. (June 2009).
        • Presenter, "Psychology and Tax," Harvard Tax Policy Seminar, (1994).
        • Presenter, "New Financial Instruments," New York University Corporate Tax Planning Workshop, (1988).
        • Presenter, "Noninterest Analogues," Eagle Lodge Seminar for Government, (1988). (With Daniel Halperin)
        • Presenter, "Taxation of Financial Instruments," New York University Graduate Tax Workshop XIX, (1988).
        • Presenter, "The Step Transaction Doctrine in Corporate Tax," New York University Institute on Corporate Taxation, (1986).
        • Presenter, Numerous lectures and panels before national, state and local Bar groups, United States Congressional Committees, and California state agencies,
        Testimony and Hearings
          Written Testimony and Commentary
            Advisor or Consultant
              Counsel
                Symposia Organization
                  Professional Membership
                    Fellowships
                      Other Service