The InterNational Academy of Dispute Resolution awarded Professor Nancy Schultz the inaugural Coach of the Year award at The 13th Annual International Law School Mediation Tournament on March 5-8, 2014. The academy presented her the award for her years of service and continued success of our students.

“Coaching is a privilege. It is truly a labor of love. It requires ‘giving up’ evenings and weekends, and spending lots of hours on airplanes.  But the rewards are enormous–helping students develop professional skills and values while getting to know them as people, using creative problem-solving and analytical abilities, and making friends.  Public recognition is nice, and much appreciated, but the real joy is being able to spend every day doing something that is both meaningful and a lot of fun.” – Professor Nancy Schultz.

Nancy Schultz is a professor of law and director of the Competitions and Alternative Dispute Resolution Program at Chapman University Dale E. Fowler School of Law. She served on the American Bar Association Law Student Division Competitions Committee for 12 years, and currently serves on the International Client Counseling Competition Committee, as well as the International Negotiation Competition Committee, where she is the North American representative to the Executive Committee.

Professor Schultz also chairs the International Law School Mediation Tournament. She was chair at the regional round of this competition on February 27 – March 1, 2014, when Fowler Law students advanced to the National Appellate Advocacy Competition Finals.

The focus of the InterNational Academy of Dispute Resolution is education at the undergraduate, graduate, law school, and professional levels. The Academy is made up of lawyers, judges, professors, and other professionals, all having an abiding conviction that mediation is the better way. As the Academy has grown, it has become the umbrella organization of three distinct student organizations – the InterNational ADR Society, the International Law School Mediation Tournament, and the National Intercollegiate Mediation Tournament.

Professor John C. Eastman and Professor Lawrence E. Rosenthal are scheduled to debate at The J. Reuben Clark Law Society – Orange County Chapter’s Tenth Annual Orange County Religion and the Law Symposium on Thursday, March 20, 2014. The two will debate “Rights of Conscience vs. Same-Sex Rights: Religious Liberty in the Post-Prop. 8 Environment.”

Register to attend the Religion and the Law Symposium on March 20, 2014.

Professor Lawrence Rosenthal and Professor John Eastman

Professor John C. Eastman is the Henry Salvatori Professor of Law and Community Service and former Dean of Chapman University Dale E. Fowler School of Law.

Professor Lawrence E. Rosenthal is a civil rights and constitutional law professor at Chapman University Dale E. Fowler School of Law.

The National Jurist, a magazine and online source of information for pre-law and law students, included Chapman University Dale E. Fowler School of Law in the “Top 60 Law Schools in the Country for Practical Training.” The magazine ranked the top 21 schools by grade and grouped the remaining schools alphabetically by grade. Chapman’s Fowler School of Law was included in the list of B+ schools of the top 60 schools in the March issue of The National Jurist.

“The faculty and administration are pleased to be noted for our emphasis on training law students to be practicing lawyers. The faculty is implementing a comprehensive set of curricular reforms aimed at more fully integrating the teaching of practice skills with legal doctrine. For example, in this spring 2014 semester, three popular doctrinal courses were supplemented with an additional one hour lawyering practice ‘lab’,” said Daniel B. Bogart, Associate Dean for Academic Affairs and the Donley and Marjorie Bollinger Chair in Real Estate Law.

According to the article, the rankings were based on four factors – three objective and one subjective. The three objective factors include the number of clinic positions per enrollment, the number of field placements or externships per enrollment, and the number of simulation courses per enrollment.

Fowler School of Law’s legal clinics provide students with the opportunity to attain real-world experience by working on actual cases under the supervision of seasoned legal professionals. There are currently six clinics at Fowler ranging from elder law to entertainment contracts law.

Through Fowler’s Externship program, students are given the opportunity of attaining practical skills by working for judges, government agencies, corporations, and public interest organizations, and more.

“We are delighted to be recognized based on our existing programs that we are expanding with new simulation courses and initiatives to create partnerships with practitioners,” said David Gibbs, associate professor at Fowler School of Law.

The second annual Chapman Diversity Day was held on Saturday, February 22, 2014 at Chapman University Dale E. Fowler School of Law. The event was organized by the Minority Law Students Association (MLSA) in collaboration with the Fowler School of Law Admissions Office. Hugo Salazar, President of MLSA, organized the agenda, the volunteers and the speakers. He was supported on Saturday by fellow MLSA members and the Admissions Office.

This is a unique experience at Fowler School of Law that connects successful Latina/o professionals with primarily Latina/o high school students.  Over 250 students attended from Orange County high and middle schools. The goal is to inform students about the benefits of reaching higher education. This is achieved by bringing students from various socioeconomic backgrounds to Fowler and organizing speakers who can inspire the students to reach higher education. “Seeing attorneys who have experienced similar struggles and who have overcome challenges along the way provides hope and inspiration to these students.  It helps them realize that there is light at the end of the tunnel so long as they persevere,” said guest speaker Roberto A. Maciel.

From left to right: Professor Denis Binder, Judge Elizabeth Macias, Diana Lopez, Jennifer Tran (JD ’15), Ambassador Gaddi Vasquez, Roberto A. Maciel, Jose Gonzalez, and Hugo Salazar (JD ’14)

The Diversity Day speakers included: Rosa Elena Sahagun (JD ’02), Civil Litigator and guest commentator on CCN Español; Judge Elizabeth Macias of the Superior Court of Orange County; Diana Lopez (JD ’09), President of the Hispanic Bar Association of Orange County (OCHBA); Jose Gonzalez, former OCHBA President; Roberto A. Maciel, Partner at Law Offices of Maciel & Ayala; and Ambassador Gaddi Vasquez, Former Orange County Supervisor and Director of the Peace Corps. Hugo said, “All the students stayed and talked to the speakers. I can tell they made an impact on them.”

Diana Lopez said, “This event imprints on the minds of the youth who attend that they don’t have to be victims of their circumstances – whether raised in a low income household or facing any other adversity – they can rise above and dream big. This is an invaluable opportunity to reach youth and start a pipeline to the profession.”

Hugo and the MLSA President Elect, Jennifer Tran, are currently planning the 2015 Chapman Diversity Day. “We hope to extend the reach from Orange County to include students from Los Angeles County as well,” Hugo said.

The Minority Law Students Association exists to address the unique needs and concerns of minority law students, and to promote diversity within the Fowler School of Law community and legal profession in general.  Specifically, MLSA seeks to develop, implement, and maintain programs to increase the recruitment, academic excellence and professional development of students of color at Fowler.  MLSA fosters academic achievement, understanding of and respect for differences, and, ultimately, the development of future minority leadership.

Candace Queathem (JD ’14) has been selected as a Top 10 finalist in the BARBRI Public Interest Contest to win a paid position with the Save the Children organization and a complimentary bar prep program.

What you can do to help: Help Candace Queathem win her dream job by voting for her video.
Incentive: one voter will be chosen at random to receive a free BARBARI bar prep program as well!

Public voting counts for 40% of her entry, so it will be important to support her! Spread the word! Voting for this contest will run from March 21-April 7, 2014.

Candace Queathem is a third year student at Chapman University Dale E. Fowler School of Law. She graduated with her B.A. in communications and broadcast journalism from Brigham Young University. Candace said, “Throughout my experiences at Chapman, I have been fortunate enough to work with children at the Orange County District Attorney’s Office in the Family Violence Unit and as a clerk for an adoptions judge in family court.”

Save the Children gives children in the United States and around the world what every child deserves – a healthy start, the opportunity to learn, and protection from harm. The organization advocates for and achieves large-scale change for children. Current campaigns include helping communities prepare for worst-case scenarios, generating emergency plans for the most vulnerable victims – children, making sure supplies are in place before disasters happen and training those who are most responsible for children’s safety. Save the Children also focuses on celebrating motherhood and encouraging the family by bringing moms together with facts, tips, and events to enrich children’s education, health, and safety.

“I am delighted to join the Board of Advisors for Chapman University Dale E. Fowler School of Law. Chapman is leading the way in producing a new kind of lawyer through its Practice-Ready Initiative and extensive clinical training,” said Kay Rackauckas.

Chapman University Dale E. Fowler School of Law Board of Advisors welcomes new member Kay Rackauckas. She is currently a Managing Partner with Keller Rackauckas, LLP, and replaces Jennifer Keller who moves off the board to take on more responsibilities as a trustee of Chapman University.

“We couldn’t be more pleased to have Kay Rackauckas join our board,” said Tom Campbell, Dean of the Fowler School of Law. “Kay has a most impressive record of achievement in civilian and criminal trial work and I’m very happy to have her contribute her expertise to benefit our students.”

Rackauckas brings more than two decades of experience including nearly 100 cases to jury verdict. She is listed in the elite “The Best Lawyers in America®” in both white collar and non-white collar criminal defense. Her legal career began as a criminal prosecutor prior to entering private practice as a criminal defense attorney. Rackauckas was included in OC Metro Magazine, Orange County’s Top Lawyers for 2013 (criminal defense); National Trial Lawyers Association, Top 100 Trial Lawyers in California (2011-2014); and California Lawyer Magazine, 2012 Lawyers of the Year, Honorable Mention (Litigation). She received her B.A. from Wake Forest University and her JD from Southwestern University School of Law.

View the full press release ‘Chapman University Fowler School of Law adds Kay Rackauckas to Board of Advisors.’

The Chapman Dialogue on Tuesday, March 25, 2014, “Should We Lift the Ban on Buying and Selling Human Organs for Transplantation?” featured Professor Alexander Capron of the University of Southern California (USC), a professor of Law and Medicine and Co-Director of the Pacific Center for Health Policy and Ethics.

At the well-attended talk, Professor Capron explained that the National Organ Transplant Act of 1984 was put into effect after an attempt to create a market for Latin Americans to come to the United States and earn money by selling their organs. With the current wait for human organs for transplant at a few years, depending on the organ, the notion to remove the prior ban was rooted in increasing the number of organs provided in less time for those in need.

“Meeting the needs of the population for organ transplants required both that the donation rate be maximized AND the underlying disease burden be minimized,” said Professor Capron. The U.S. ratio of patients newly included on the waiting list for a kidney transplant in 2011 had a significant gap between donations. Other countries, such as Spain, have a smaller gap due to a higher amount of donations from deceased citizens.

Professor Tom Bell of Fowler School of Law and speaker Professor Alexander Capron

Professor Thomas W. Bell of Chapman University Dale E. Fowler School of Law moderated the dialogue and argued to lift the ban on the market for human organ transplantation. He posed the question to Professor Capron that if the government figured out the “correct” way to handle this market, what effect would it have on the transplant market? Professor Capron discussed how he thought the supply of transplants would not increase or possibly even decrease because it removes the altruistic factor of current donations.

One of the arguments made by Professor Capron focused on the symbolic motive behind a transplant. If someone is donating for a friend or family member, it will cause the donor to be forthcoming about their information and history because they care about the outcome. Those that are selling their organs out of a financial need might not be as forthcoming in order to make a quick sale. He also argued that opening up the market for the sale of organs would likely reduce those willing to donate organs, so that there would be no net increase in new organ availability in a truly market-driving model.

Professor Alexander Capron is a globally recognized expert in health policy and medical ethics. He received his B.A. in economics, history and English literature from Swathmore College and his LL.B. from Yale Law School, where he was an officer of the Yale Law Journal. He was appointed by President Bill Clinton to the National Bioethics Advisory Commission and served as President of the International Association of Bioethics. Professor Capron is a trustee of The Century Foundation, an officer of Public Responsibility in Medicine and Research, as well as an elected member of the Institute of Medicine (National Academy of Sciences) and of the American Law Institute.

Dr. John Hall, professor of law and Director of the International Law Program at Chapman University Dale E. Fowler School of Law, spent his spring break helping students advance with international professional experience. He traveled to Phnom Penh, Cambodia to secure summer internship opportunities for students in social justice and human rights non-governmental organizations.

“I am in Phnom Penh for ten days over spring break. I came with a list of organizations that I wanted to meet with, and have had several more recommended to me since arrival. Many of the NGOs have met my criteria. A few have not.”

The unique Fowler School of Law International Law Program has been sending one or two law students a year as summer interns to human rights organizations in Cambodia, including Legal Aid of Cambodia and Open Society Justice Initiative. In response to the growing student interest, there is a need to increase the number of internship opportunities for Fowler students.

Professor John Hall and the President of the Cambodian Bar Association

Due to the fact that an organization’s glamorous website might not be an accurate portrayal, it’s not ideal trying to set up internships by email. “There is nothing as important as visiting the offices, shaking hands with the staff, talking with the director and actually engaging the lawyers who will supervise my students.  You can’t do that from a computer terminal thousands of miles away,” said Dr. Hall. It is unusual for a professor to travel to another country in order to organize internships the way he has done.

Dr. Hall’s trip was very successful in securing a range of exciting internships for Fowler students and several students will be spending the 2014 summer in Cambodia. “These are extraordinary opportunities for students interested in human rights, social justice and legal empowerment,” he said.

In the summer of 2012, Fowler law student Stephanie Lincoln (JD ’14) traveled to Phnom Penh, Cambodia to work for the Open Society Justice Initiative. She said the experience left her with “a greater appreciation for the judicial independence that exists in the court systems of the United States.”

Cambodia is a country with a rich culture, a tragic recent past and poor human rights track record.  Fowler students will be exposed to legal issues and social problems inconceivable in the United States.  Those students that have completed an internship in Cambodia have returned with a deep appreciation for the value of a life that incorporates service to others. “Whatever areas of law they may end up in, interns will carry with them a profound understanding of the value of law, of the role that lawyers can play to change the world for the better and an understanding that service to others may provide the foundation of a meaningful and rewarding life,” Hall said.

Dr. Hall has been working on and off in Cambodia since 1993. When he was a first year law student he spent the summer as an intern at Legal Aid of Cambodia.  “This was a life-changing event for me, and I am determined that my students should be given a similar opportunity,” he said.

Dr. Hall is a noted authority on the human rights situation in Cambodia. He has published several articles and more than a dozen op-eds on the Khmer Rouge Tribunal and attempts to bring leaders of the genocidal Khmer Rouge regime to justice.  His op-eds in the Wall Street Journal and elsewhere have exposed serious mismanagement and corruption at the Tribunal. In addition, his law review articles have focused on the dire human rights situation in Cambodia, labor rights in the garment industry there and the various legal efforts to prosecute Khmer Rouge commanders for Crimes Against Humanity and Genocide.  For example, he published “The ILO’s Better Factories Cambodia Program: A Viable Blueprint for Promoting International Labor Rights?” in the Stanford Law & Policy Review (Vol. 21, No. 3, 2010); the “Human Rights and the Garment Industry in Contemporary Cambodia” in the Stanford Journal of International Law (Vol. 36, No. 1, pp. 119, 2000); and “In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia” in the Columbia Journal of Asian Law (Vol. 20, No. 1, Fall 2006). He was also very involved in the creation of the interdisciplinary human rights documentary film program, Destination: Documentary at Chapman University.

Four Chapman University Dale E. Fowler School of Law students have been selected to intern this summer at human rights and legal non-governmental organizations (NGO) in Cambodia. The students are Anna Caludac (JD ’16), Elaine Pearl Ponce Dick (JD ’16), Chanel Kim (JD ’16) and Hamza Siddiqui (JD ’15). They are all dedicated to legal careers in human rights and social justice.

The internships are a direct result of Fowler Professor John Hall’s efforts to travel to Cambodia and meet with leaders of numerous NGOs, solidifying the positions for Fowler School of Law students. The opportunities include the Cambodian Bar Association, Legal Aid of Cambodia, Cambodian Human Rights Action Committee, Legal Support for Children and Women, Equitable Cambodia and Cambodian Human Rights and Development Association (ADHOC). The legal projects cover land rights, forced evictions, sex and labor trafficking, as well as a wide variety of human rights and social justice issues.

Anna Caludac is a Fowler first year student on a merit-based scholarship. She has a B.A. in French from the University of Southern California. Anna is a member of the Asian Pacific American Law Students Association at Fowler. She has worked as a Program Leader at THINK Together in Santa Ana, where she served at-risk middle-school students in a low-income, high-crime community.

“I am interested in interning in Cambodia because I want to gain more exposure in the field of international human rights, as well as gain work experience with an NGO overseas. I am passionate about advocacy for marginalized communities, most especially in developing countries. I am thrilled and honored to have been chosen for the program, and looking forward to a challenging and exciting summer.” – Anna Caludac

Elaine Pearl Ponce Dick is also a first year law student at Fowler. She has a B.A. in politics and environmental studies from the University of California, Santa Cruz. She is a member of Phi Alpha Si and co-secretary of the Family Law Society at Fowler. She interned at the Environmental Protection Agency and Gabriel’s Promise, which included serving as a camp counselor for Haitian youth. Elaine was the Director of the UC Haiti Initiative. Elaine has also volunteered with several organizations.

“I am honored to have been chosen for this opportunity to work in Cambodia for the summer. International humanitarian work is my passion and I cannot thank Dr. Hall enough for the opportunity to be a legal intern for an NGO abroad working in this area. I am excited to explore a new continent while helping out.” – Elaine Pearl Ponce Dick

Chanel Kim is also a first year student at Fowler on a merit-based scholarship. She has a B.A. in English literature from University of California, Los Angeles. She has worked as vice president of the Ezekiel House of Prayer in Los Angeles and treasurer of the Korea Campus Crusade for Christ. She has volunteer experience with several organizations and has dedicated herself to a career of service to victims of trafficking.

“When I heard about this opportunity to serve overseas in a social justice setting, I immediately jumped on board. Fighting human trafficking in Southeast Asia is a deep passion for me, so to have the chance to learn and apply my legal education in such a way is really exciting. I feel very blessed and honored to have been given this opportunity, and will work hard to serve to my fullest capacity.” – Chanel Kim

Hamza Siddiqui is the only second year law student that will intern in Cambodia this summer and he also has a merit-based scholarship. He has a B.A. in political science from University of California, Irvine. He has served as teaching assistant in Civil Procedure and currently works as a national security and immigrant rights clerk at the American Civil Liberties Union in Los Angeles. He was a judicial intern with the Federal District Court in Riverside and a student attorney with the Immigration and Domestic Violence Clinic in Anaheim. He has also served as a civil rights intern at the Council on American Islamic Relations in Anaheim.

“As a law student wanting to practice refugee law upon graduation, it is a dream opportunity to work abroad and help individuals secure their most basic human rights. The law school’s initiative to find these opportunities and to support participating students with scholarships demonstrates the school’s commitment to these basic human rights and to its own students. I am deeply appreciative of this opportunity and honored to represent Fowler School of Law in Cambodia. Our work there will hopefully speak to the high quality of students that come out of our law school.” – Hamza Siddiqui

The students look forward to a challenging and rewarding summer of legal work in the field.

Professor Donald J. Kochan’s article “The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective” was published in the Saint Louis University Law Journal (Volume 58, No. 2, Winter 2014).

Excerpt from the abstract:

“This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation.

As noble as virtuous behavior, virtuous laws, virtuous judging, or virtuous legislation may be, there is no reason to believe that any such theories if employed and adopted as decision rules would be any less susceptible to the debilitating realities of public choice and interest group behavior than other principles or metrics intended to guide lawmaking. We cannot expect interest groups to be virtuous in the ends sought nor lawmaking to be virtuous in the commodities offered and produced. Legislators remain subject to interest group bargaining and will manipulate a virtue-based rule for private gains through masking techniques rather than advance the concept of virtue itself. While some legislation will be drafted to seem virtuous to the public on its outside, its interior will be filled with rent seeking bounties.”

Donald J. Kochan is a professor of law at Chapman University Dale E. Fowler School of Law. He teaches property, administrative law, natural resources law and policy, law and economics, corporations, agency and partnership as well as federal courts.

The 2014 Chapman Law Review Symposium occurred on Friday, March 14, 2014, entitled “Business Tax Reform: Emerging Issues in the Taxation of U.S. Entities.” The symposium submissions will be part of the next issue of the Chapman Law Review.

During the 112th Congress, the House Ways and Means Committee held 20 separate hearings on comprehensive tax reform. As a result of these hearings, the Committee Chairman Dave Camp started releasing discussion drafts for comprehensive tax reform, with a focus on reforming provisions related to various business entities to strengthen the economy. Representative Camp primarily focused on small business tax reform. Due to the proposals, the rumblings of comprehensive tax reform have been growing louder each year. For this reason, the Chapman Law Review hosted this years’ legal symposium on business tax reform, focusing on hot issues in comprehensive tax reform.

After opening remarks from Dean Tom Campbell and Frank Doti, professor and William P. Foley II Chair in Corporate Law and Taxation, the first panel began. Panel I addressed ‘Specific Tax Issues Affecting the Business World: The Policies and Reasons behind Certain Laws.’ This panel included Steven A. Bank, Paul Hastings Professor of Business Law, University of California Los Angeles School of Law; Jordan M. Barry, Associate Professor of Law, University of San Diego School of Law; Jonathan B. Forman, Alfred P. Murrah Professor of Law, University of Oklahoma College of Law; David Hasen, Associate Professor of Law, Santa Clara University School of Law; with moderator Bobby Dexter, Professor of Law, Chapman University Dale E. Fowler School of Law.

(from left to right) Bobby Dexter, David Hasen, Jonathan B. Forman, Jordan M. Barry, and Steven A. Bank.

Participants in Panel II discussed ‘Pass-Through Entity Reform: Is a Major Overhaul Necessary?’ This panel included Kelly Phillips Erb, Taxgirl blog of Forbes Magazine and Attorney and Shareholder, Erb Law Firm, PC; Roberta Mann, Loran L. Stewart Professor of Business Law, University of Oregon School of Law; Robert K. Morrow, Associate Professor, Visiting Faculty, Chapman University Dale E. Fowler School of Law; Walter D. Schwidetzky, Professor of Law, University of Baltimore School of Law; with moderator Bahar A. Schippel, Partner, Snell & Wilmer and Certified Specialist in Tax Law.

(from left to right) Roberta Mann, Kelly Phillips Erb, Bahar A. Schippel, Robert K. Morrow, and Walter D. Schwidetzky.

(from left to right) Nancy Sandoval, Edward D. Kleinbard, Blake Corry

The keynote speaker, Edward D. Kleinbard, Professor of Law, University of Southern California Gould School of Law, delivered to a full house of students, attorneys and certified public accountants. He discussed ‘Corporate Tax Reform, Business Tax Reform, or Capital Income Tax Reform?’ Kleinbard said, “The reason that tax reform, in the broad sense, cannot happen is because there is no agreement on the fundamental question ‘how large should government be and how much should we finance.’” He furthered explained that “Those of us who think about tax tend to think about questions in the wrong order… The ultimate question is: what should we be spending our money on? And how to finance it is much easier.” Kleinbard added that public debates about tax reform are unproductive because people are arguing about the wrong question, noting that we should focus more on where to spend the money before we discuss how much to spend.

The day continued with Panel III, which focused on ‘How Federal Business Tax Reform Affects State and Local Tax?’ The panel consisted of Todd A. Carper, Principal, Ernst & Young and Adjunct Faculty, Chapman University Dale E. Fowler School of Law; Oksana Jaffe, Chief Consultant to the Assembly Committee on Revenue and Taxation, California State Assembly; Darien Shanske, Professor of Law, University of California Davis School of Law; John A. Swain, Chester H. Smith Professor of Law, the University of Arizona James E. Rogers College of Law; with moderator Michael B. Lang, Professor of Law, Chapman University Dale E. Fowler School of Law.

(from left to right) Darien Shanske, John A. Swain, Michael B. Lang, Oksana Jaffe, and Todd A. Carper

The final panel of the day provided insights on ‘Corporate Tax Reform: How to Tax Multinational Corporations?’ This panel included J. Clifton Fleming, Ernest L. Wilkinson Chair and Professor of Law, Brigham Young University J. Reuben Clark Law School; Tracy A. Kaye, Professor of Law, Seton Hall University School of Law; Omri Y. Marian, Assistant Professor of Law, University of Florida Levin College of Law; Robert J. Peroni, the Fondren Foundation Centennial Chair for Faculty Excellence, University of Texas at Austin School of Law; with moderator Douglas A. Schaaf, Partner, Tax Department, Paul Hastings.

(from left to right) J. Clifton Fleming, Tracy A. Kaye, Douglas A. Schaaf, Omri Y. Marian, and Robert J. Peroni.

The 2013-2014 Chapman Law Review Executive Board and Board of Editors organized and hosted this symposium. The Executive Board is pictured below with Editor-in-Chief – Nancy Sandoval; Managing Editor – Dallis Nicole Warshaw; Senior Articles Editor – Ericka A. Evans; Senior Articles Editor – Andrew S. Gahan; Senior Articles Editor – Christopher K. Wong; Senior Symposium Editor – Blake J. Corry; Senior Notes Editor – Lauren E. Vanga; Production Editor – Stephan M. Brown; and Senior Online Editor – Adam J. Weidner.

(from left to right) Ericka A. Evans, Andrew S. Gahan, Lauren E. Vanga, Stephan M. Brown, Christopher K. Wong, Blake J. Corry, Dallis Nicole Warshaw, Adam J. Weidner and Nancy Sandoval.

On Tuesday, April 1, 2014 the Fowler School of Law’s Muslim Law Students Association (MuLSA) hosted the “Origins of Islamic Law and its Modern Day Implications” panel. The speakers included Shaykh Jamaal Diwan and Muslema Purmul, two young Muslim scholars raised in America who studied Arabic and Islamic Studies in Egypt for seven years. This is where they learned more about the Shari’ah, Islamic law. Purmul earned her law degree in Sharia from al-Azhar University in Cairo. A regular speaker at local universities on issues pertaining to Islam and Muslims in America, Diwan completed his law degree in Sharia from al-Azhar University in Cairo.

The panelists were a married couple joined in the audience by their toddler son (pictured above)

The panel began with some initial background on the Shari’ah, framing the discussion around questions posed by MuLSA. Diwan said there is a common misapprehension that the Shari’ah is against human rights. But both speakers disagreed with this misapprehension and think there needs to be more thought used when interpreting Shari’ah law. “The best way to overcome these misconceptions is to learn the origins and daily practice of Islamic law,” he noted.

Another misinterpretation Purmul addressed is the treatment of women. When introduced centuries ago, “the Shari’ah was actually a form of liberation for women,” Purmul said. She explained that it gives women the right to choose many things such as who to marry, to divorce, to pick her dowry, voting, etc. Examples of the exclusion and discrimination of women in modern Muslim societies is not religious based, she noted, but is instead a cultural issue.

MuLSA is a student organization at Chapman University Dale E. Fowler School of Law that offers support, education and networking for Muslim students.

The Chapman Dialogue held on Thursday, April 3, 2014 at the Chapman University Dale E. Fowler School of Law featured Gillian Lester, acting dean of University of California Berkeley Law. The dialogue focused on “Paradoxical Preferences on Social Spending and Taxes: Implications for Regulatory Design.”

Dean Lester described the self-contradictory view held by some members of the American public on social spending and taxes. Her reasons for why this problem exists included the sheer complexity of some taxes and tax programs, how the difference in the collection of information can change an opinion and the symbolic association towards taxes.

Dean Lester’s principal research areas include contracts, employment law and policy. Her career began with a concentrated interest in employment contracts. However, as she progressed she gained a broad interest in the additional areas of employment law. The ideas behind her scholarship include how individual choices affect government regulations and does the law construct our attitudes of work preferences?

Moderator – Bobby Dexter, Professor of Law Chapman University Dale E. Fowler School of Law; Dean Gillian Lester of University of California Berkeley Law

Gillian Lester is the acting dean of Berkeley Law as well as the Alexander F. and May T. Morrison Professor of Law and Werner and Mimi Wolfen Research Professor. She has been a faculty member of Berkley Law since 2006. She holds her JSD from Stanford Law School and her LL.B. from the University of Toronto Faculty of Law, where she served as Editor-in-Chief of the University of Toronto Faculty of Law Review.

Two students, Jacqueline Gonzalez Valle (JD ’14) and Madiha Shahabuddin (JD ’15), in the Bette and Wylie Aitken Family Violence Clinic successfully obtained immigration status for a survivor of domestic violence. The client was brought to this country as a small child and suffered years of physical and emotional abuse by her United States Citizen husband. Supervising Professor Julie Marzouk noted, “The students represented their client with excellence, persuading United States Citizenship and Immigration Services (USCIS) to approve the case in an unusually quick period of time. Jackie and Madiha’s commitment to their client, and skill in presenting a case involving an unsettled area of law, have made a positive impact on the client’s life, and that of her young child.”

“Being a part of the Bette and Wylie Aitken Family Violence Clinic team has been an extremely rewarding experience. This case gave me the opportunity to work closely with a client, gather evidence, write legal documents and tackle complicated legal issues. Most importantly, I was able to see firsthand the positive impact the law can have on people’s lives, particularly on the lives of the many women and children who are being abused and are in desperate need of the law’s protection. As a lawyer, to be a part of that is amazing.” – Jacqueline Gonzalez Valle

“Representing our client gave me a strong sense of purpose in law school and the degree I am pursuing. I was exposed to the struggles of low income, undocumented victims of abuse and witnessed how society and the law can limit some individuals from having full rights. With the superb guidance of Professor Marzouk, I learned how to confidently assert our client’s case to the USCIS reviewer, despite the complex legal issues involved. I felt honored that our client had such confidence in us as her attorneys and of our decisions regarding her case. Additionally, I found the clinic’s collaborative experience to be extremely valuable, as we all learned from each other’s cases. We felt similar stresses, challenges and joys in the process, and I think that truly brought us together.” – Madiha Shahabuddin

In 2007, Chapman University Dale E. Fowler School of Law created the Bette and Wylie Aitken Family Violence Clinic to address the unique challenges faced by survivors of domestic violence. The clinic offers free assistance in immigration, human trafficking and protection order matters for clients who meet income eligibility requirements. It gives students primary responsibility for cases and direct interaction with clients. This model is facilitated by special rules that allow students enrolled in clinical courses to do anything a lawyer can do, so long as there is supervision by a licensed attorney. Learn more about the Bette and Wylie Aitken Family Violence Clinic.

Every year the Orange County Lawyer magazine publishes a list of the Orange County Bar Association (OCBA) leadership entitled the “Who’s Who in the OCBA.” This year’s list includes many respected lawyers throughout Orange County, including 5 Chapman University Dale E. Fowler School of Law alumni.

On the cover of the April issue (top row, third from left), we are proud to recognize the OCBA Young Lawyer Division Chair, Sarah J. Nowels (JD, MBA ’10). Nowels is a partner at Amezcua-Moll & Associates, P.C. She was the recipient of the 2010 Dean’s Award, Chapman Award and Provost’s Law Scholarship at Fowler School of Law. She was also a scholarship recipient at Chapman University’s Argyros School of Business and Economics.

The 2014 Health Care Law Section Chair is Maryalice E. Khan (JD ’98). Khan also serves as OCBA Legislative Resolutions Committee Whip, director of Maryalice Khan Consulting Services, regulatory compliance auditor of Wellpoint Health Networks, a case manager at Kindred Hospital and a registered nurse at Visiting Nurse Association Home Health Care. As a registered nurse and public health nurse, her background concentrates on health care regulations and compliance.

The 2014 Immigration Law Section Chair is Richard M. Green (JD ’98). Since graduating from Fowler, Green has been helping immigration clients in Huntington Beach resolve their immigration law matters. Green is admitted to practice law in California, Massachusetts and in the United States District Court, Central District of California. Green was Fowler School of Law Alumnus of the Year in 2013.

Teresa A. McQueen (JD ’02) is the 2014 Co-Chair of the Bridging the Gap and Mentor on Demand Committees. Since graduating from the School of Law, McQueen has been an active member of the State Bar of California and the Orange County Bar Association. Some of her appointments with the State Bar of California include: (2006-2011) Solo and Small Firm Executive Committee Member; (2010) Chair-Elect Solo/Small Firm Executive Committee; (2010-2011) Chair Solo/Small Firm Executive Committee; and Conference of Delegates of California Bar Associations: OCBA Delegate. A few of her many appointments with the Orange County Bar Association include: (2003-2010) OCBA Solo/Small Firm Section Executive Committee; (2005)Young Lawyers Division (YLD) Education Chair; (2006) OCBA Solo/Small Firm Section Chair; (2006-Present) Bridging the Gap Committee Member; (2006) Young Lawyers Division (YLD) Chair-Elect; (2006-2007)Law Day Committee Chair; (2007) Chair of the Young Lawyers Division (YLD); (2007-2013) Member of the OCBA Board of Directors – YLD Appointee 2007; Elected Terms 2008 – 2011; 2011-2013; (2008-2011) Co-Chair of the Mentor on Demand Committee; (2009-2013) Co-Chair of the Bridging the Gap Committee; (2011) Chair of the Resolutions Committee; Chair-Elect in 2010; and (2006-2011) Chair of the State Bar’s Solo Small Firm Section and served on its Executive Committee. She was featured in the 2007, 2012 and then with fellow Fowler School of Law alumni in the 2013 edition of Super Lawyers magazine as a “Rising Star.” McQueen was also recognized as a 2013 Top Women Attorney – Southern California Outstanding Young Women Lawyers by Law & Politics as seen in the Los Angeles Magazine. McQueen focuses on employment law at Pedersen McQueen APLC.

Serving as the other 2014 Co-Chair of the Mentor on Demand Committee is Evan M. Rothman (JD ’10). Rothman was a senior editor of the Nexus Journal and president of the Tax Law Society before graduating cum laude from Chapman University [Fowler] School of Law. He is admitted to practice in California, the United States District Court, Central District of California and the Ninth Circuit Court of Appeals. Rothman is an associate at Stephens Friedland LLP.

Chapman University Fowler School of Law is proud of all our alumni.

Are you an alumni of Fowler School of Law? Learn more about the opportunities available to you with the Chapman Law Alumni Association.

Professor Donald J. Kochan’s work “Public Lands and the Federal Government’s Compact-Based ‘Duty to Dispose’: A Case Study of Utah’s H.B. 148 — The Transfer of Public Lands Act” was published as the lead article in the Brigham Young University Law Review (Volume 2013, No. 5, 2013).

Abstract:

“Recent legislation passed in March 2012 in the State of Utah — the ‘Transfer of Public Lands Act and Related Study,’ (‘TPLA’) also commonly referred to as House Bill 148 (‘H.B. 148′) — has demanded that the federal government, by December 31, 2014, ‘extinguish title’ to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah claims that the federal government made promises to it (at statehood when the federal government obtained the lands) that the federal ownership would be of limited duration and that the bulk of those lands would be timely disposed of by the federal government into private ownership or otherwise returned to the State.

Utah’s TPLA presents fascinating issues for the areas of public lands, natural resources, federalism, contracts, and constitutional law. It represents a new chapter in the long book of wrangling between states in the West and the federal government over natural resources and public lands ownership, control, and management. The impact is potentially considerable — thirty-one percent of our nation’s lands are owned by the federal government, and 63.9% of the lands in Utah are owned by the federal government.

This Article provides an overview of the legal arguments on both sides of the TPLA debate. In the end, there is a credible case that rules of construction support an interpretation of the Utah Enabling Act that includes some form of a duty to dispose on the part of the federal government. At a minimum, the legal arguments in favor of the TPLA are serious and, if taken seriously, the TPLA presents an opportunity for further clarification of public lands law and the relationship between the states and the federal government regarding those lands. Moreover, other states are exploring similar avenues to assert their claims vis-à-vis the federal government and are in various stages of developing land transfer strategies that will model or learn from the TPLA. That fact further underscores the need for a renewed serious and informed legal discussion on the issues related to disposal obligations of the federal government. This Article takes a first step into that discussion.”

Donald J. Kochan is a professor of law at Chapman University Dale E. Fowler School of Law. He teaches Property, Administrative Law, Natural Resources Law & Policy, and Law & Economics, among other courses.

Professor Kochan and his wife, Jennifer Kochan, at Zion National Park in Utah

Professor Henry S. Noyes’ book The Law of Direct Democracy was published by Carolina Academic Press.

As stated by the publisher, “The Law of Direct Democracy is the first casebook on direct democracy. This book uses state and federal judicial opinions, the text of ballot initiatives, statutes and constitutional provisions to compare and contrast the various state laws that govern the ballot initiative, the referendum and the recall. This book also contemplates the role of interest groups, voters, courts and elected officials and examines their ability to utilize, influence and limit the initiative process. It provides students and instructors both the information they need to learn the law of direct democracy and the tools to pursue further inquiry on discrete topics of interest.”

Henry S. Noyes is a professor of law at Chapman University Dale E. Fowler School of Law. Professor Noyes earned his B.A. from Northwestern University. After college, he worked for the Unites States Senate Judiciary Committee. He received his Juris Doctor, magna cum laude, from the Indiana University School of Law, where he was the Senior Managing Editor of the Indiana Law Journal. Professor Noyes’ research and writing focuses on rules of procedure, rules of evidence and contractual agreements governing dispute resolution.

On Thursday, March 27, 2014 a panel with members of the Association of Business Trial Lawyers (ABTL) spoke to students at Chapman University Dale E. Fowler School of Law to discuss “If I Knew in Law School What I Know Now: What “Business Litigation” Really Means.”

The panel included Justice Richard D. Fybel, California Court of Appeal; Sean P. O’Connor, Partner, Sheppard Mullin; and Maria Z. Stearns, Partner, Rutan & Tucker. The event was moderated by David Gibbs, Associate Professor of the Practice of Law, Chapman University Dale E. Fowler School of Law.

How a Young Lawyer Can Make a Good Impression on Partners and Associates
Justice Fybel suggested showing the value a young lawyer can add, sharing a list of possible reasons they were hired in the first place. Stearns wants the associate to care about the case as much as she does, while O’Connell noted that he is impressed when an associate stays on top of the case and makes things easier for the person they are working for.

How to Make a Good Impression in Court
With his years of experience seeing new lawyers in the courtroom, Justice Fybel stressed the importance of the first impression – especially through writing. He also said to be prepared when you get to court and to be respectful. O’Connell urged counsel to be courteous to the court staff, especially the court clerks. He has found this to be very helpful when he is looking for information about a court start date and other general information.

If I Knew in Law School….
Justice Fybel shared the significance of having a mentor. “They happen organically; pay attention to those people that take an interest in you and take advantage of that opportunity,” he said. Each panelist has a mentor and favors students and new associates tapping into this valuable resource.

At the end of the event, Stearns pointed out the distractions of technology, specifically cell phones. She advised the audience to pay attention to people around them, instead of focusing on their cell phones, so they don’t miss out on a networking opportunity. “Make sure you network and build your network by going to events and building relationships,” she said.

ABTL was founded in 1972 to provide a collegial forum for the discussion of business litigation issues. From the very start, the organization has been committed to promoting and enhancing communications between the bar and the federal and state benches. ABTL is distinguished by its heavy focus on involvement with judges.

After being elected as governor of the American Bar Association (ABA) Law Student Division, 9th Circuit, my classmates asked me, “What exactly do you do in this position?” The 9th Circuit consists of 14 western schools, including 13 in Southern California. My main priority is to communicate with fellow law students among these schools to spread awareness about the benefits of the ABA and encourage them to join. More importantly, my goal is to encourage members to utilize the many resources that are readily available to them.

As governor, I have the distinct pleasure of planning and organizing events throughout the year that promote diversity, raise awareness for mental health, and inspire students to partake in public interest affairs. Fortunately, I am not alone in my efforts. I have excellent lieutenant governors to support me and ensure that we have a successful term. As I move forward in the coming year, they will be with me every step of the way as we bridge the gap between the ABA and the students. Every lieutenant holds a distinct position, equally important to creating an environment where students from different law schools can work together and network.

The ABA is a great resource for law students and my goal is to shed some light on what it has to offer. Of course, this position comes with a few perks. Just this past March, I had the opportunity to visit Charleston, South Carolina for my training where I met and learned from the previous circuit governors from around the country. I will continue to meet and work with the bright minds that dedicate their time and effort to make the ABA an important tool for law students and attorneys alike.

About Arthur Arutyunyants
Arthur Arutyunyants is in his second year as a law student at Chapman University Dale E. Fowler School of Law. He is a member of the Fowler School of Law Appellate Moot Court Competition Board, Student Bar Association and a writer for the Chapman Law Courier. Arthur received his B.S. in political science from the University of California, Irvine.

Ali Razavi and Brandon Howard

Brandon Howard (JD ’14) and Ali Razavi (JD ’15) of the Chapman University Dale E. Fowler School of Law Alternative Dispute Resolution Board competed against 17 other teams from law schools across California in the 15th Annual Student Environmental Negotiation Competition at the University of California, Los Angeles School of Law on March 21, 2014. The teams competed in two rounds of negotiations involving fictitious environmental law issues judged by attorney volunteers. The top four teams after two rounds advanced to a final round. The two students from the Fowler School of Law were among the Top 10 performing teams at the event.

According to Razavi, “It was an honor to be selected to represent Fowler School of Law in this negotiation competition, considering how talented the entire Alternative Dispute Resolution team is. This was my first competition and I am very fortunate for our results. After a solid first-round against Berkeley, I was confident we wouldn’t go home empty handed.”

“Ali and I were really excited to advance to the finals and it was definitely a testament to Professor Schultz’s guidance in helping us develop a collaborative strategy,” said Howard.

The Alternative Dispute Resolution (ADR) Board at Fowler School of Law consists of students who have participated in client counseling or negotiation competitions. These programs provide participating students with real-life experience in the practice of law in a controlled environment, a forum to develop important skills that they will use as practitioners and networking opportunities with fellow law students and attorneys.