Faculty Scholarship

The international focus of scholarship at the USF School of Law is broad, with professors writing and presenting on everything from eliminating discrimination, the juvenile death penalty, and human trafficking to how treaty law can affect domestic policy and the nuances of international trade.

Books

  • John Denvir, Guile is Good: Why We Need Lawyers (North Charleston, S.C.: CreateSpace Independent Publishing Platform, 2014).
  • Peter Jan Honigsberg, Gilbert's Legal Research, Writing  & Analysis (Gilbert Publishing Co, 12 Edition Cleveland, Ohio). (Co-Authored with Professor Edith Ho.)
  • Richard A. Leo, The Innocence Revolution: A Popular History of the American Discovery of the Wrongfully Convicted (forthcoming).
  • John M. Adler, Gilbert's Legal Research, Writing & Analysis  (Cleveland, Ohio: Gilbert's Publishing Co., 12 Edition ). (Co-Authored with Professor Peter Jan Honigsberg)
  • Maria Linda Ontiveros, Employment Discrimination Law: Cases and Materials on Equality in the Workplace (St. Paul, Minn.: West Academic Publishing, Ninth Edition (forthcoming)).
  • Manuel Vargas, Rational and Social Agency: The Philosophy of Michael Bratman (Oxford University Press, 2014).
  • Manuel Vargas, Building Better Beings: A Theory of Moral Responsibility (Oxford University Press, 2013).
  • Daniel Lathrope, Fundamentals of Federal Income Taxation (New York: Foundation Press, 17 Edition 2013). (Co-authored with Stephen A. Lind)
  • Constance de la Vega, Dictionary of International Human Rights Law (Edward Elgar Publishing, 2013). Read More
  • J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (Eagan, Minn.: West/Clark Boardman Callaghan, First-Fourth Editions 1996-2012). (Seven-volume treatise cited as an authority in more than 3,000 judicial decisions.)

Law Review and Journal Articles

  • Bruce M. Price, "The Elephant in the Admissions Office: The Influence of the U.S. News & World Report on the Rise of Transfer Students in Law Schools and a Modest Proposal for Reform," 48 University of San Francisco Law Review 621 (2015). SSRN
  • David J. Franklyn, "Trademarks As Search-Engine Keywords: Who, What, When?" Intellectual Property Law Review (Forthcoming). (Co-authored with David A. Hyman.)
  • Jeffrey S. Brand, "Eavesdropping on Our Founding Fathers: How a Return to America's Core Values Can Help Solve Today's Surveillance Crisis," 6 Harvard National Security Journal (2015). SSRN
  • Peter Jan Honigsberg, "Linguistic Isolation: A New Human Rights Violation Constituting Torture, and Cruel, Inhuman And Degrading Treatment," 12 Northwestern University Journal of International Human Rights (2014).Read More
  • Richard A. Leo, "The Justice Gap and the Promise of Criminological Research," 15 Criminology, Criminal Justice, Law & Society 1-37 (2014). Read More
  • Deborah M. Hussey Freeland, "Law & Science: Toward a Unified Field," 47 Connecticut Law Review (2014). SSRN
  • Susan Freiwald, "Nothing to Fear or Nowhere to Hide: Competing Visions of the NSA's 215 Program," 12 Colorado Technology Law Journal 309 (2014).
  • Tim Iglesias, "The Promises and Pitfalls of Micro-housing," 37 Zoning and Planning Law Report (2014).
  • Tim Iglesias, "How Should the Law Treat Roommate Relationships? A Tale of Two Cases," Real Property Law Journal (2014).
  • Maria Linda Ontiveros, "Title VII as Fundamental Law," Ohio State Law Journal (forthcoming).

Book Contributions

  • Joshua Paul Davis, "American Legal Realism and Practical Guidance," in Practical Normativity: Essays on Reasons and Intentions in Law and Practical Reason  (Cambridge University Press, forthcoming). (Co-authored with Manuel Vargas.)
  • Maria Linda Ontiveros, "Migrant Labour in the United States: Working Beneath the Floor for Free Labour?" inMigrants at Work: Immigration and Vulnerability in Labour Law edited by Cathryn Costello and Mark Freedland (Oxford University Press, forthcoming).
  • Julie Nice, "A Sweeping Refusal of Equal Protection: Dandridge v. Williams," in The Poverty of Law Canon  (University of Michigan Press, forthcoming).
  • Richard A. Leo, "When Exoneration Seems Hopeless: The Special Vulnerability of Sexual Abuse Suspects to False Confession," in Wrongful Allegations of Person Abuse edited by Ros Burnett (New York: Oxford University Press, forthcoming).
  • Bill Ong Hing, "Redressing the Shame of U.S. Immigration Laws and Enforcement Policies," in Hidden Lives and Human Rights in the United States: Understanding the Controversies and Tragedies of Undocumented Immigration edited by Lois Lorentzen (Santa Barbara, Calif.: Praeger, 2014).
  • Richard A. Leo, "The Sound of Silence: Miranda Waivers, Selective Literalism and Social Context," in Speaking of Language and Law  (New York: Oxford University Press, June 2014). SSRN
  • Richard A. Leo, "Honest False Testimony," in Wrongful Allegations of Person Abuse  (New York: Oxford University Press, 2014). (Co-authored with Guillermo Villalobos and Deborah Davis.)
  • Richard A. Leo, "Police Interrogation and Coercion in Domestic American History: Lessons for the War on Terror," in Torture, Law and War: What Are the Moral and Legal Boundaries on the Use of Coercion in Interrogation?  (Chicago: University of Chicago Press, forthcoming). (Co-authored with Alexa Koenig)
  • Richard A. Leo, "Disputed Interrogation Techniques in America: True and False Confessions and the Estimation and Valuation of Type I and II Errors," in Controversies in Innocence Cases in America , 57-72 (Ashgate Publishing, 2014). (Reprinted in Joshua Davis, Legal Scholarship Network.) SSRN
  • Richard A. Leo, "Interrogation and Confessions," in The Encyclopedia of Criminology and Criminal Justice, Vol. III , 1199-1206 (New York, N.Y.: John Wiley & Sons, 2014). (Co-authored with Deborah Davis.) SSRN

Opinion Pieces and Blog Posts

Other Publications

  • J. Thomas McCarthy, "Restatement of the Law (Third), Unfair Competition," The American Law Institute, March 2015 Database update (He was listed as an Adviser to the Reporters.)
  • John Denvir, Launched a companion blog entitled "Guile is Good: Why We Need Lawyers" for his book of the same name. Visit the Blog
  • Constance de la Vega, Report, "Juvenile Life Without Parole in the United States," to the Human Rights Council for the Universal Periodic Review of the United States on behalf of Human Rights Advocates and co-submitted with the Campaign for the Fair Sentencing of Youth and Human Rights Watch (September 2014).
  • Constance de la Vega, Report, "Report on the United States of America to the Committee on the Elimination of Racial Discrimination," UN Committee on the Elimination of Racial Discrimination issued concluding observations on its review of the United States and referred to two issues covered in a report we submitted to that body -- affirmative action and juvenile life without parole (September 2014).
  • Constance de la Vega, Report, "Report on the United States of America to the Committee on the Elimination of Racial Discrimination," on behalf of Human Rights Advocates, the USF Center for Justice and Global Justice, and the Rocky Mountain Collective on Race, Place and Law (July 2014). 
  • Constance de la Vega, Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference? (Human Rights Institute, Columbia Law School)
  • Alice Kaswan, "Adapting to Climate Change in the United States: Seven Principles for Achieving Fairness," Center for Progressive Reform (May 2013) (Issue Alert).
  • Michelle Travis, "Lessons on Jazz and Teaching Law," USF Lawyer, 21 (Spring 2013)
  • Constance de la Vega, Report, "Issue Submission for the Review of the United States of America” to the U.N. Human Rights Committee on behalf of Human Rights Advocates and the Human Rights Sentencing Project, USF Center for Law and Global Justice (December 2012) (Co-authored with Dana Isaac.)
  • Constance de la Vega, Report, “Cruel and Unusual: U.S. Sentencing Practices in a Global Context,” published by the USF School of Law Center for Law and Global Justice (May 2012) (Co-authored with Amanda Solter, Soo-Ryun Kwon, and Dana Marie Isaac.)

Briefs

  • Susan Freiwald, U.S. District Court, Northern District Court of California, Telephone Information Needed for a Criminal Investigation (2014) (No. No. 3:14-xr-90532-NC). (She prepared and filed an amicus brief, along with attorney Marcia Hofmann, in the Northern District of California in a case involving government access to historical cell site location data. She argued that the Fourth Amendment requires law enforcement agents to obtain a warrant based on probable cause before they may compel service providers to disclose customers' cell site location records. Marcia, who is a special counsel to the Electronic Frontier Foundation, filed the brief on Professor Friewald's behalf as amicus, and they partnered in writing the brief.) Read More
  • Tim Iglesias, California Supreme Court, California Building Industry Association v. City of San Jose, Amicus brief filed on behalf of the Leo T. McCarthy Center for Public Service () (No. S212072). (This brief refers to the review of challenges to an inclusionary zoning ordinance)
  • Jeffrey S. Brand, United States District Court, Southern District of New York, Delama Georges v. United Nations, A class action against the United Nation seeking remedies for the cholera epidemic that the UN brought to Haiti. It's filed on behalf of the 800,000 infected and 9,000 dead from the epidemic. (2014) (No. 1:13-cv-07146-JPO).
  • Constance de la Vega, Illinois Supreme Court, Davis v. Illinois, Brief in regards to juvenile life without parole. (2014) (No. 09-8354).
  • Constance de la Vega, Supreme Court of the United States, Hill v. U.S.A, Amicus brief for the Inter-American Commission on Human Rights on the international standards regarding juvenile life without parole. (2014) (No. 12.866).
  • Susan Freiwald, U.S Court of Appeals for the Fifth Circuit, In re Application of the United States for Historical Cell Site Data, amicus brief expressing concern that the SCA allows executive branch officials to police themselves (2013) (No. 724 F.3d 600). (Argued the case as amicus curaie.)
  • Constance de la Vega, Supreme Court of California, People v. Moffett, Amicus brief on behalf of Amnesty International, the Disability Rights Legal Center, Human Rights Advocates, Loyola Law School Center for Juvenile Law and Policy and the USF Center for Law and Global Justice (2013) (No. E050406).
  • Constance de la Vega, Connecticut Supreme Court, State of Connecticut v. Santiago, amicus brief filed on behalf of 11 amici including the Human Rights Advocated and the USF Center for Law and Global Justice (2013). (The briefs refer to international treaty standards and practice of other countries in urging the court to rule that the legislation should be applied retroactively.)
  • Constance de la Vega, Connecticut Supreme Court, Webb. v. Commissioner of Correction, S.C. 18857, amicus brief filed on behalf of 11 amici including the Human Rights Advocated and the USF Center for Law and Global Justice (2013). (The briefs refer to international treaty standards and practice of other countries in urging the court to rule that the legislation should be applied retroactively.)
  • Constance de la Vega, U.S. Supreme Court, Fisher v. University of Texas at Austin, amicus brief filed on behalf of five amici curiae, Human Rights Advocates, Poverty & Race Research Action Council, The Advocates for Human Rights, University of Minnesota Human Rights Center, and the USF Center for Law and Global Justice. (2012) (No. 345). (Co-authored with Neil A.F. Popovic and Risa E. Kaufman.) Read More

Court Citation of Research

  • Michelle Travis, Justice Kennedy's dissent, Young v. UPS ((2015)(No. 12-1226) . (The court cites Travis's amicus brief, "Brief of Law Professors and Women's Rights Organizations as Amici Curiae in Support of Petitioner.")
  • J. Thomas McCarthy, United States Supreme Court, B&B Hardware v Hargis Industries ((2015). (McCarthy’s treatise on Trademarks and Unfair Competition was cited eleven times.)
  • Joshua Paul Davis, U.S. Court of Appeals for the First Circuit, AstraZeneca AB, et al., v. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. (U.S. 1st Cir. 2015)(No. 14-1521) . (Decision holding that class may be certified even if it contains uninjured members.)
  • J. Thomas McCarthy, U.S. Supreme Court, Hana Financial, Inc., v. Hana Bank, WL 248559 (U.S. 2015)(No. 13-1211) . (This is the 11th time the Supreme Court has cited McCarthy's treatise, McCarthy on Trademarks and Unfair Competition.)
  • Michelle Travis, United States Court of Appeals for the Eleventh Circuit,  Bhogaita v. Altamonte Heights Condominium Ass'n, Inc. (2014)(No. 13-12625) . (The court cites Travis's article "Impairment as Protected Status: A New Universality for Disability Rights," 46 Georgia Law Review 937 (2012).)
  • Richard A. Leo, Nebraska Court of Appeals, Dean v. State ((2014)(No. 288 Neb. 530) .
  • Susan Freiwald, Supreme Court of Wisconson, State of Wisconson v. Nicolas Subdiaz-Osorio, 849 N.W.2d 748 (Wis. 2014)(No. 2010AP3016–CR) . (The court cites Freiwald’s artricle, "Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact," Maryland Law Review, Vol. 70, p. 677, 2011.)
  • Susan Freiwald, U.S. District Court, Southern District Court of Texas, Houston Division, Application of the United States of America for an Order Authorizing Prospective and Continuous Release of Cell Site Location Records, WL 3513120 (S.D. Texas 2014)(No. H:13–1198M) . (The court cites Freiwald’s articles, "Online Surveillance: Remembering the Lessons of the Wiretap Act," "Reforming Surveillance Law: The Swiss Model," and "Uncertain Privacy: Communication Attributes After The Digital Telephony Act.")
  • Susan Freiwald, U.S. District Court, District of Maryland, United States of America v. Richard Anthony Wilford, 961 F.Supp.2d 740 (D. Maryland 2014)(No. ELH–11–0258) . (The court cites Freiwald’s article, "Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact," Maryland Law Review, Vol. 70, p. 677, 2011.)
  • Richard A. Leo, Supreme Court of Georgia, Woodall v. State ((2014)(No. 754 S.E.2d 335) .

Presentations

  • Tristin Green, Panelist, "It’s Me, Not You: Assessing an Emerging Relationship Between Systemic Employment Discrimination Law and Social Science," The Association of American Law Schools 2013 Annual Meeting,  "Global Education and the Legal Academy," New Orleans, La. (January 2013).
  • Tristin Green, Presenter, "Discrimination Laundering: The Rise of Organizational Innocence and the Future of Equal Opportunity Law," Seattle University School of Law, Seattle, Wash. (March 2014).
  • Tristin Green, Presenter, "America is From Venus, France is From Mars:  A Transnational Perspective on Harassment Law,"   "AALS Workshop on Transnational Perspectives for Equality Law," Washington D.C. (June 2014).
  • Tristin Green, Presenter, "Proving Systemic Discrimination: Title VII and the Mirage of the 'Monell Analogue',"   "Boston University Civil Rights Act of 1964 at 50: Past Present and Future," Boston, Mass. (November 2014).
  • Tim Iglesias, Panelist, "Sustainability: Planning for the Future - Creative Solutions," Washburn University School of Law  "The Future of Housing – Equity, Stability and Sustainability," Topeka, KS (February 2015).
  • Tim Iglesias, Moderator, "Experiential Learning and Launching Your Own Practice," 17th Annual Trina Grillo Public Interest and Social Justice Law Retreat: "Re-imagining Social Justice Lawyering: The Next Generation," Santa Clara University, Santa Clara, Calif. (March 2015).
  • Tim Iglesias, Presenter, "Clarifying 'Housing Opportunity' and 'Housing Rights': Useful Service or Fool's Errand," University of Minnesota Law School Association for Law, Property, and Society,  "4th Annual Meeting," Minneapolis, Minn. (April 2013).
  • Tim Iglesias, Presenter, "Do Fair Housing Laws Even Apply to 'Shared Living Situations'? Or, the Trouble with Roommates," Golden Gate University School of Law State Bar of California, Real Property Law Section,  "5th Annual Fair Housing and Public Accommodations Symposium," San Francisco, Calif. (April 2013).
  • Tim Iglesias, Presenter, "Challenging the Two Person Per Bedroom Standard," National Fair Housing Alliance Webinar,  "Residential Occupancy Standards and Fair Housing Law" (May 2012). (Co-presented with Ellen Pader and Scott Chang.)
  • Tim Iglesias, Moderator, "Fair Housing, Residential Segregation, and the Siting of Affordable Housing," American Bar Association's 21st Annual Conference on Affordable Housing and Community Development Law,  "Making the Case for Affordable Housing and Community Development," Washington, D.C. (May 2012).