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

  • Steven Shatz, Cases and Materials on the Death Penalty (St. Paul Minn.: West Academic Publishing, Fourth Edition, 2016) (Co-authored with: Nina Rivkind (co-author with Shatz on the first three editions), Sam Kamin and Justin Marceau).
  • Maya Manian, Side Effects of the Abortion Wars: How the Assault on Reproductive Rights Limits All Women's Healthcare (Forthcoming).
  • Richard Leo, The Innocence Revolution: A Popular History of the American Discovery of the Wrongfully Convicted (Forthcoming, 2017).
  • J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (Eagan, Minn.: West/Clark Boardman Callaghan, First-Fourth Editions 1996-2015) (Seven-volume treatise cited as an authority in more than 3,000 judicial decisions).
  • 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 (Cleveland, Ohio: Gilbert Publishing Co., 12th Edition). (Co-Authored with Professor Edith Ho.)
  • Richard A. Leo, The Innocence Revolution: A Popular History of the American Discovery of the Wrongfully Convicted (Forthcoming).
  • Edith Ho, Gilbert's Legal Research, Writing & Analysis (Cleveland, Ohio: Gilbert's Publishing Co., 12th 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).

Law Review and Journal Articles

  • Jiarui Liu, "Copyright Reform and Copyright Market," Vol. 32 Berkeley Technology Law Journal (Forthcoming, 2016)
  • Richard Leo, "What Innocence Means Today and Why It Matters," Vol. 68 Florida Law Review (Forthcoming, 2016) (Part of a larger essay entitled “Voices on Innocence,” with Lucian Dervan, Meghan Ryan, Valena  Beety, Gregory Gilchrist and William Berry). SSRN
  • Maria Ontiveros, "Is Modern Day Slavery a Private Act of a Public System of Oppressions?" Seattle University Law Review (Forthcoming, 2016). SSRN
  • Michelle Travis, "Disqualifying Universality Under the Americans with Disabilities Act," Michigan State Law Review, Symposium Issue (Forthcoming, 2016). SSRN
  • Maya Manian, "Minors, Parents, and Minor Parents," Missouri Law Review (Forthcoming, 2016). SSRN
  • Jack Garvey, "Targeted Sanctions: Resolving the International Due Process Dilemma," Vol. 50 Ed. 4 Texas International Law Journal (2016). SSRN
  • Rhonda Magee, "Martin Luther King Jr. offers insight into 'justice for all'," American Bar Association Journal (2016). Read more
  • Jay Folberg, "The Shrinking Joint Session: Survey Results," American Bar Association's Dispute Resolution Magazine (2016). Read more
  • Steven Shatz, "The Meaning of 'Meaningful Appellate Review' in Capital Cases: Lessons from California," Vol. 56 Ed. 79 Santa Clara Law Review (2016). SSRN
  • Rhonda Magee, "Life Experience and Cognitive Science Deepen the Case for Mindfulness in the Law," Vol. 102 American Bar Association Journal (2016). Read more

Book Contributions

  • Alice Kaswan, "Adaptation Justice," in Encyclopedia of Environmental Law, Climate Change Law (Cheltenham, UK: Edward Elgar Publishing, Forthcoming, 2016). SSRN
  • Maya Manian, "Comment: Geduldig v. Aiello" in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (New York: Cambridge University Press, 2016). SSRN
  • Richard Leo, "Interrogation and False Confessions in Rape Cases" in Practical Aspects of Rape Investigation: A Multidisciplinary Approach (Boca Raton, FL: CRC Press, Fifth Edition, Forthcoming, 2016). 
  • Reza Dibadj, "Fashions and Methodology," in Rethinking Legal Scholarship: A Translantic Interchange (Cambridge University Press, Forthcoming). SSRN 
  • Richard Leo, "A Damning Cascade of Investigative Errors: Flaws in Homicide Investigation in the USA" in The Handbook to Homicide (Wiley-Blackwell, Forthcoming, 2016) (Co-authored with Deborah Davis). SSRN
  • Alice Kaswan, "Cooperative Federalism and Adaptation" in The Law and Policy of Environmental Federalism: A Comparative Analysis (Cheltenham, UK: Edward Elgar Publishing, 2016). Read more
  • Julie Nice, "Conjouring 'Equal Dignity': Mapping the Constitutional Dialogue To and From Same-Sex Marriage" in Civil Rights Litigation Handbook (New York: Thomson Reuters, Vol. 31, 2015). SSRN
  • Bill Hing, "African Migration to the United States: Assigned to the Back of the Bus" in The Immigration and Nationality Act of 1965: Legislating A New America (New York: Cambridge University Press, 2015). Read more
  • Jeffery Brand, "Establishment of a Drone Court: A Necessary Restraint on Executive Power" in Legitimacy and Drones: Investigating the Legality, Morality and Efficacy of Ucavs (Emerging Technologies, Ethics and International Affairs) (Ashgate Publishing Limited, 2015) (Co-authored with Amos N. Guiora). 
  • Connie de la Vega, “Human Rights: International Laws and Policies” in Encyclopedia on Gender and Sexuality (2015) (Co-authored with Kendall Kozai).

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 (Professor McCarthy  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
  • Connie 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).
  • Connie 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).
  • Connie 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). 
  • Connie 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)
  • Connie 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.)
  • Connie 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

  • Connie de la Vega, U.S. Supreme Court, Bobby James Moore v. Texas, brief in regards to urging USSC to grant cert on behalf of petitioner who has been on death row for 34 years based on international law standards that consider long stays on death row as torture. (2016) (No. 15-797) (Co-authored with Lucy Martinez, Anastasia Davis Bondarenko, Three Crowns, LLP).
  • Connie de la Vega, U.S. Supreme Court, Abigail Noel 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. ( 2015) (No. 11-345) (Co-authored with Neil A.F. Popovic and Risa E. Kaufman.) Read More
  • 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).
  • Connie de la Vega, Illinois Supreme Court, Davis v. Illinois, brief in regards to juvenile life without parole. (2014) (No. 09-8354).
  • Connie 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).
  • Connie 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).
  • Connie 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.)
  • Connie 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.)

Court Citation of Research

  • Richard Leo, Central District of California United States District Court , Alcox v. Beard , C.D. Cal. (2015)
  • Richard Leo, The Supreme Court of Pennsylvania Eastern District , Commonwealth v. Bland , Pa. (2015)
  • Richard Leo, California Court of Appeal , People v. Vega (2015)
  • Richard Leo, U.S. District Court for the Southern California District of California , Spence v. Beard , S.D. Cal. (2015)
  • Richard Leo, U.S. District Court for the District of Alaska , Williams v. Schmidt , D. Alaska (2015)
  • Richard Leo, Connecticut Supreme Court , Lapointe v. Comm'r Correction , Conn. (2015)
  • 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.)

Presentations

  • Joshua Davis, Presenter, "Legal Dualism and Legal Ethics," Bay Area Legal Ethics Forum, San Francisco, CA (February, 2016)
  • Rodney Fong, Pranelist, "Facilitating Studet Diversity: Priming the Pipeline to Law School," 16th Annual Women and the Law Conference, Pursuing Excellence: Diversity in Higher Education, Thomas Jefferson School of Law, San Diego, CA (February, 2016).
  • Tristin Green, Presenter, "Discrimination Laundering: The Ride of Organizational Innocence and the Crisis of Equal Opportunity Law," Faculty Colloquium Series, Drexel University, Thomas R. Kline School of Law, Philadelphia, PA (February, 2016).
  • Joshua Davis, Panelist, "Settlement Ethics: Negotiating Class Action Settlements the Right Way," Impact Fund's 14th Annual Class Action Conference, San Francisco, CA (February, 2016). 
  • John Trasviña , Panelist, Responding to the Crises of Our Communities: From Sexual Assault to Black Lives Matter, and Beyond," American Bar Association's Annual Dean's Workship, San Francisco, CA (February, 2016). 
  • Jay Folberg, Presenter, "The Shrinking Joint Session in Mediation: Survey Results and Implications for Teaching," Northern California ADR Faculty Conference, Santa Clara, CA (February, 2016).
  • Richard Leo, Presenter, "Does Miranda Protect the Innocent?" Miranda at 50, Northern Kentucky University School of Law, Highland Heights, Kentucky (February, 2016).
  •  Richard Leo, Panelist, "Capital Punishment and Actual Innocence," The 2016 Lara D. Gass Symposium: "From Conviction to Clemency: Commonwealth v. Giarratano, a Case Study in the Modern Death Penalty," Washington and Lee University School of Law, Lexington, VA (February, 2016).
  • Rodeny Fong, Presenter, "Academic Support: What Diverse Prelaw Students Should Expect in Law School," 2016 LSAC HACU/HBCU/Tribal College Prelaw Advisor Workshop, Essentials for Advising Today's Students, New Orleans, LA (January, 2016).
  • Alice Kasawn, Moderator, "Clean Power Plan Implementation and Energy," Center for Progressive Reform: Scholar's Meeting, New York, NY (January, 2015).