Faculty Scholarship 2015-2016

We are delighted to share our faculty’s scholarly goals and recent activities, including publications, presentations, awards, and leadership positions. The Whittier faculty research and write on a wide range of topics that explore the meaning and role of law in contemporary society. We continue to strive to add value and richness to the national and international dialogues that touch on our many areas of expertise.

Erez Aloni

Professor Erez Aloni“The twenty-first century presents unique and fundamental challenges to the architecture of family law. Family structures have changed dramatically. And family law, more than ever, intersects with contracts, property, and taxation—to name just a few areas. Responding to these changes, my work explores intersections of family law and private law, and rethinks the way the law treats nonmarital households.”


Pluralizing the Sharing Economy 91 Wash. L. Rev. (forthcoming 2016).

The Puzzle of Family Law Pluralism 39 Harv. J. L & Gender 101 (2016).

Commentary on Obergefell v. Hodges, in Feminist Judgements: Rewritten Opinions of the United States Supreme Court (K. Stanchi, L. Berger, B. Crawford eds., Cambridge University Press, 2016).


Presented a work-in-progress, entitled “Marriage as a Wealth Redistributor” in the following events:

  • Wills, Trusts and Estates Meets Gender, Race and Class, Oklahoma City University School of Law (September 2016) (anticipated)
  • Family Law Scholars and Teachers Conference (May 2016)
  • Law and Society Association Annual Meeting, New Orleans (June 2016)

Presented “The Puzzle of Family Law Pluralism” at Harvard Law School (March 2016).

Op-ed in The Guardian that encouraged discontinuing the benefits now awarded to relatively-privileged married couples, since those funds might be better directed to those who are less privileged.

“Pluralistic Theory Through the Lens of the Sharing Economy,” at the SoCal Junior Faculty Workshop, Chapman University Dale E. Fowler School of Law in October.

Stewart Chang

Professor Stewart Chang“Using the lens of critical race, primarily through the perspectives of Asians and Asian Americans, my scholarship critiques how laws pertaining to immigration, citizenship, sexuality, and family produce and sustain conventions of normative sexuality. The constitutional right to privacy in marital and reproductive choice has become a defining standard of American cultural identity. Specifically, rights to sexual autonomy participate in a discourse of American exceptionalism that is often juxtaposed against practices in Asia that are stereotyped as repressive and primitive; that is, American exceptionalism casts the United States as a haven for progressive rights in contrast to Asia, which is “Othered” as backwardly conservative in its family values. Throughout the body of my scholarship, I propose that the use of this exceptionalism in law legitimizes, masks, and perpetuates traditional ideals of family that are rooted in sexism and patriarchy.”


Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority, 23 UC Berkeley Asian Am. L. J. 5 (2016)

Legacies of Exceptionalism and the Future of Gay Rights in Singapore, 46 Hong Kong L. J. 71 (2016)


Overcoming the Oedipal Angst of the State Father. Paper presented at Center for Asian Studies Conference, “The Life and Future of British Colonial Sexual Regulation in Asia.” October 2015. National University of Singapore, Singapore.

Scholarship for Social Justice. Organizer and Moderator for Panel at LatCrit/SALT Faculty Development Workshop. October 2015. Anaheim, California.


Professor Chang gave a talk on Singapore’s anti-sodomy statute at a conference hosted by the Centre for Asian Legal Studies at the National University of Singapore in early October. His talk was entitled “The Life and Future of British Colonial Sexual Regulation in Asia.”

Both Chang and Professor Kristen Martin participated on a panel about environmental issues in China in collaboration with Luce Grant with the College.

Judith Daar

Dean Judith Daar“My scholarship explores the intersection of law and medicine, with special emphasis on assisted reproductive technologies. The myriad opportunities for family formation through assisted conception raise fascinating questions about the role of law, policy, and science in the intimate lives of prospective parents, enlivening this field of study for all who are touched by its reach.”


The New Eugenics: Selective Breeding in an Era of Reproductive Technologies (Yale University Press 2017)

Refocusing the Ethical Choices in Womb Transplantation, (with Sigal Klipstein) 3 J. Law & Biosciences 383 (2016)

Whose Embryo Is It Anyway? California Finally Takes A Stand, OC Lawyer (May 2016)

Tending to Veterans’ Fertility Needs, L.A. Daily Journal (Feb. 18, 2016)

Interest Groups Add New Element to Embryo Custody Battles, Law360 Expert Analysis (Feb. 3, 2016)


In June 2015, Dean Daar was awarded the Jay Healey Distinguished Health Law Teacher of the Year Award by the American Society of Law, Medicine & Ethics. The award was presented at the ASLME annual Health Law Professors Conference, hosted that year by St. Louis University School of Law.


October 2016
The Williams Institute
UCLA School of Law
“Social Infertility and the Quest for Parenthood”

June 2016
Rutgers Law School
Symposium on Fetal Bodies
“The Bright Line Between Embryos and Fetuses: Wither the Distinction in Biology, Medicine and Law?”

June 2016
Boston University Law School
Health Law Professors Conference
“Embryonic Selection in IVF: Patient Choice v. Physician Autonomy”

April 2016
New England Fertility Society
Annual Symposium
“Ethical Considerations in Oocyte Cryopreservation”

February 2016
Society for Ethics in Egg Donation and Surrogacy
Annual conference
“Whose Embryo Is It Anyway?”

February 2016
Stanford Law School
Law & The Biosciences Program
“Social Infertility and the Quest for Parenthood”

October 2015
American Society for Reproductive Medicine
Kenneth J. Ryan Ethics Symposium
“Disparities in Access to Fertility Care”


Professor Daar was interviewed on KPCC radio, NPR’s local station, about a recent ruling in California case regarding frozen embryos.

Andrea Funk

Professor Andrea Funk“My work focuses on making assessment accessible, sustainable, and meaningful by fostering a culture of assessment throughout the law school community. The ultimate goal is to encourage the academic discourse surrounding assessment to center on that which matters most: student learning.”


The Art of Assessment (Carolina Academic Press, forthcoming 2016)


Building an Assessment Plan from the Ground Up, Whittier Law School, November 2015


Invited Panelist (Plenary), Art, Assessment, and the Academy ~ Building a Culture of Assessment, ABA Associate Deans Conference, June 2016

Invited Workshop Leader, Building an Assessment Plan, ABA Associate Deans Conference, June 2016

Invited Presenter, Assessment: Next Steps (“We have our learning outcomes…what do we do now?”), Albany Law School, April 2016

Invited Presenter, Lawyers – Who Are They? What Do They Do? How Do You Become One? Should You Become One?, Warren High School, April 2016

Invited Presenter, Reframing the Assessment Issue: What Assessment Is – and What It Is Not, University of La Verne College of Law, March 2016

Presenter, Legal Education Is Evolving: Are You?, Rocky Mountain Legal Writing Conference, University of Arizona, James E. Rogers College of Law, March 2016 (with Kristen Martin and Kelley Poleynard)

Invited Panelist, Legal Writing Directors Discuss the Future of Director-Led Programs, Western Regional Legal Writing Conference, Loyola Law School, August 2015

Invited Presenter, Embracing the Future with Assessment: The New ABA Assessment Standards Have Arrived – What Should You Do Now?, Western Regional Legal Writing Conference, Loyola Law School, August 2015

Invited Panelist, The Future of Legal Education in an ABA World: Creating Learning Objectives Under the New ABA Standards, Southeastern Association of Law Schools Conference, Boca Raton, Florida, July 2015

Presenter, Fifty Shades of Pink: Is Gender Discrimination in Legal Education Obsolete, or Is It Just a Lighter Shade of Pink?, ALWD Conference, University of Memphis Cecil C. Humphreys School of Law, June 2015 (with Richard Neumann and J. Lyn Entrikin)

Thomas G. Kelch

Professor Thomas KelchWhile I have published and given presentations on corporate bankruptcy and related commercial and corporate law issues throughout most of my career, in the early 1990s I developed an interest in animal law. When I first began teaching and scholarship on animal law, there were fewer than 10 law schools that had offered animal law courses. Now more than 150 law schools have offered such courses and the area of animal law is a quickly growing one. My recent scholarship has focused primarily on animal law issues and most recently on international and comparative animal law problems. The area of international and comparative animal law is a relatively new focus for animal law scholars and my book GLOBALIZATION AND ANIMAL LAW was one of the first books to address this area of the law, and has resulted in a number of speaking engagements, primarily in Europe. I am continuing to concentrate on international and comparative animal law and am at work on the second edition of my book.


Forthcoming: Globalization And Animal Law (2d edition 2017)

Toward Universal Principles for Global Animal Advocacy, 5 Transnational Environmental Law 81 (2016)


Crimes Involving Animals: An International and Comparative Law Perspective, UCI Law School, Irvine, California, September 2016

Not Just in the U.S.: The International Puppy Mill Problem and Efforts to Address It, Animal Law Guild of Los Angeles, Loyola Law School, Los Angeles, California, September 2015

Sheldon Lyke

Professor Sheldon Lyke“The central underlying question driving my work is: How does the law function in the maintenance or amelioration of social inequality? I study specifically the social inequality of oppressed racial and sexual minorities. Social inequality is the result of disparate access to resources. Property law provides an excellent lens to analyze my broad question, because it comprises the rules surrounding ownership and the distribution of resources. To answer my central question, I utilize a perspective that relies on both sociology and a legal understanding of commons property and public goods. A commons, from a legal perspective, is a shared resource. My work uncovers how issues of race and sexual inequality are often “commons” problems. In short, I am a commons property scholar—with interests in areas of affirmative action, educational access, foreign law and the elimination of social inequality.”


Trusts And Estates (casebook) (Chartacourse, 2016)


Why Malia and Sasha Obama Need Affirmative Action, presented at the 2016 Annual Meeting of the Law and Society Association, New Orleans, Massachusetts, June 2016.

Affirmative Action as Cure, Justice Scalia as Savior?, presented at the SoCal Junior Faculty Workshop. Chapman University Dale E. Fowler School of Law, October, 2015.

Manoj Mate

Professor Manoj MateMy scholarship focuses on comparative constitutional law, public law in South Asia, and comparative election law from an interdisciplinary perspective. Across the globe, courts and other legal institutions play a key role as guardians of constitutional frameworks, and as institutions that adjudicate disputes in key areas including economic, development, and national security policy. In addition, courts globally have significantly expanded their role in regulating the political process, and in asserting new governance and policy-making functions in the areas of human rights, corruption, and environmental policy. Exploring the expanded and varied role courts play, especially in new democracies, provides an important lens into understanding how courts, lawyers, and other elites shape constitutionalism and redefine the terrains of fundamental rights and governance.


Visiting Professor of Law, University of California, Berkeley School of Law (Spring 2017) (teaching Constitutional Law I, and The Supreme Court and Public Policy).


Globalization, Rights and Judicial Review in India, 25 Wash. Int’l. L. J. 643 (2016) (invited).

India’s Participatory Model: The Right to Information in Election Law, 48 Geo. Wash. Int’l L. Rev. 377 (2016).

The Rise of Judicial Governance in India, 33 B.U. Int’l L.J. 169 (2015).

State Constitutions and the Basic Structure Doctrine, 44 Colum. Hum. Rts. L. Rev. (2014).

Elite Institutionalism and Judicial Assertiveness in the Supreme Court of India, 28 Temp. Int’l. & Comp. L.J. 361 (2014) (invited, symposium).


Panelist on Panel “Voter Fraud v. Voter Suppression: Changes in the Voting Rights Act and Voter ID Laws,” 2nd Annual Diversity and Social Justice Forum at the Dale E. Fowler School of Law, Chapman University, November 4, 2016

Globalization, Human Rights, and Judicial Review, to be presented at symposium, “Asian Courts and Constitutional Politics in the 21st Century,” University of Washington School of Law, October 1, 2016.

The Elite Intellectual Origins of Judicial Empowerment, to be presented at panel, “Comparative Constitutionalism,” 2016 Annual Meeting of the American Political Science Association, Philadelphia, PA, September 2016.

Discussant, Contesting Legitimacy: Legal Mobilization, Political Power, and Moral Order in Comparative Contexts, 2016 Annual Meeting of the Law and Society Association, New Orleans, Louisiana, June 2, 2016.

Fundamental Rights and Obergefell, presented at Roundtable: LGBTQ Politics Post-Obergefell at 2016 Annual Meeting of the Western Political Science Association, San Diego, California, March 25, 2016.

Neoliberalism and Development in India, presented at “Imagining Alternatives: Progressive Economics & Social Movements”, Occidental College, February 6, 2016.

Commentator, Fragile Democracies: Contested Power in the Era of Constitutional Courts (by Samuel Issacharoff, NYU Law) at Center for Democracy Development and the Rule of Law (CDDRL) Workshop (with panelists Bruce Cain, Nathaniel Persily, and Samuel Issacharoff), Stanford University, November 5, 2015.

India’s Participatory Model, presented at the 2015 Annual Meeting of the American Association of Law Schools, Comparative Law Session: “Comparative Law Expanded: Methodology and Public Law in Nontraditional Comparative Legal Systems” (one of two papers selected from call for papers), January 2015.


Challenging Voter ID Laws: The Need for Reform, Orange County Lawyer Magazine (forthcoming, September 2016).

A Challenge to Judicial Independence in India: The National Judicial Appointments Council (NJAC), Jurist – Academic Commentary, July 23, 2015.


  • Chair, Section on Law and South Asian Studies, American Association of Law Schools (AALS) (2016-2017);
  • Secretary and Executive Board Member, Section on Comparative Law, American Association of Law Schools (2015-present);
  • Member, American Political Science Association;
  • Member, Law and Society Association;
  • Member, Western Political Science Association
  • Peer-reviewer for Law and Social Inquiry, Transnational Environmental Law.
  • Peer-reviewer, Duke University Press.
  • Member, Pi Sigma Alpha Award Committee (2016), Western Political Science Association.

Kelley Mauerman

Professor Kelley MauermanMy recent scholarship has focused on assessment in legal education and I have contributed to creation of the law school’s assessment plan on both the program and institutional levels. My passion for teaching is reflected in my interest in assessment because assessment inspires us to ask the hard questions, such as whether we are teaching what we think we are teaching, whether students are learning what they are supposed to be learning, and whether there is a way to teach a subject better, thereby promoting better learning.


Presenter, Teaching Workshop: Challenges and Strategies for Changing Times, Biennial Conference of the Legal Writing Institute, Portland, Oregon, July 2016 (with Heather Baxter, Jacqueline Kutnik-Bauder, and Karen Sneddon).

Presenter, The Language, Process, and Cycle of Assessment, Law School Assessment Conference, Whittier Law School, November 2015 (with Vicki VanZandt).

Jennifer Mertus

Professor Jennifer Mertus“My research interest is in the field of adoption law, specifically intercountry adoption. In addition, my work focuses on the intersection of adoption law (both domestic and international) and the rights of same-sex couples to form families through adoption and be recognized as legal parents. Although there are many professors and scholars in the field of adoption law, few (if any) focus on the dynamic and ever-changing body of adoption law as it affects members of the LGBT community, particularly in light of recent decisions regarding same-sex marriage. I was also asked to be a founding member (and board member) of a new NGO that will be registered in China – Child Protection International. The organization is in the final approval stages with the Chinese government.”


Educational Considerations And Strategies For Foster Youth, Panel (peer-reviewed Selection Process), Hawaii International Education Conference, January 3-7, 2017. Other panelists are WLS alumni Roxanna Alavi (2007), Clinic Faculty Craig Liu (2004) and Omar Naime (2004).

Radha Pathak

Dean Radha Pathak“My scholarship primarily addresses questions of procedure and federalism within the substantive areas of health insurance and employee benefits law. I have long interspersed scholarly publications and presentations with high-level appellate practice (mostly on a pro bono basis) – I handled my first case in the United States Supreme Court in 2005 – and I have found that my scholarship and appellate advocacy enrich each other immeasurably.”


Key member of team representing respondent in Microsoft v. Baker, No. 15-457, to be argued in October 2016 term.

Key member of team representing respondent in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning, 136 S.Ct. 1562 (2016).

Counsel of record for petitioner in Montanile v. Bd. of Trustees of Nat. Elevator Indus. Health Benefit Plan, 136 S. Ct. 651 (2016). Press coverage includes Ashley Cullins, Whittier Law Professor Wins Big in High Court, L.A. Daily Journal, Feb. 1, 2016, at 1, and Michelle Andrews, Ruling May Help Patients Keep More Of The Winnings When They Sue, NPR, Apr. 27, 2016.

Represented petitioner in Elem, et al. v. AirTran Airways, Inc., No. 14-1061, which was vacated in light of Montanile.

Member of team supporting State of Vermont in Gobeille v. Liberty Mutual Ins. Co., 136 S. Ct. 936 (2016).


Panelist, New Civil Procedure Rules and ERISA Litigation, ABA Joint Committee on Employee Benefits, Webinar, September 8, 2016.

Pension Rights Center, teleconference training regarding the effect of Montanile v. Bd. of Trustees of NEI Health Benefit Plan on pension recoupment claims, April 26, 2016.

Robust Enforcement at Last? Medical Providers as the New ERISA Enforcers, University of Connecticut School of Law Insurance Law Center, Fifth Annual National Benefits & Social Insurance Conference, Hartford, CT, April 15, 2016.

Plenary panelist, Fiduciary Update, 2016 Midwinter Meeting of the Employee Benefits Committee, ABA Section of Labor and Employment Law, Las Vegas, NV, February 11, 2016.

Panelist, Equitable Remedies After Rochow: Has Anything Really Changed?, ABA Joint Committee of Employee Benefits, Webinar, June 16, 2015.

Panelist, The Gathering Storm: How Should Plan Fiduciaries Address Health Care Provider Overbilling?, ABA Joint Committee of Employee Benefits, Webinar, June 9, 2015.

Moderator, Views of the Cathedral, University of Connecticut School of Law, Annual Conference of the Insurance Law Center: The Affordable Care Act Turns Five, Hartford, CT, April 17, 2015.

Equitable Lien by Agreement, Drexel University Thomas R. Kline School of Law, 4th Annual Conference on Employee Benefits, Social Security and Executive Compensation, Philadelphia, PA, March 27, 2015.

Plenary Panelist, Remedies After Amara, 2015 Midwinter Meeting of the Employee Benefits Committee, ABA Section of Labor and Employment Law, San Diego, CA, February 17, 2015.

Kelley Poleynard

Professor Kelley Poleynard“My recent presentations have focused on how to effectively teach professionalism and practical skills across the curriculum. Presenting in this area has helped me to envision and create new pathways for students to gain the professional skills they will need to practice law as they learn about the law itself. My goal is for students to leave my classes – from first year lawyering skills to professional responsibility – with a sense of their professional selves and the confidence that they have the skills and legal knowledge to “hit the ground running.”


Legal Education Is Evolving: Are You?, Rocky Mountain Legal Writing Conference, University of Arizona, James E. Rogers College of Law, March 18-19, 2016 (with Andrea Funk and Kristen Martin).

To Link or Not to Link? That is the Question, Seventeenth Biennial Legal Writing Institute Conference, Portland, Oregon, July 10-13, 2016.

Peter Reich

Dean Peter Reich“For me, scholarship is an endless chain that links what I have learned from my own teachers to what I exchange with my current colleagues, students, and broader constituencies. These connections also cross national boundaries, as exemplified by my work on environmental law on the Mexico-US border. While the legal system in this country appears distinct from those in Latin America, there are structures of common understanding, such as similar ways of resolving water disputes, that make inter-cultural communication possible. It is truly a privilege to have an academic career in which I can promote these connections, help resolve disputes, and inspire others to do the same.”


December 2015: Article, “Regime Change and Legal Change: The Legacy of Mexico’s Second Empire,” was published by the Oxford University Comparative Law Forum, a peer-reviewed journal.

April 2016: Lawbook Exchange published “A New Introduction” to a reprint edition of Frederic Hall’s work The Laws of Mexico: A Compilation and Treatise Relating to Real Property, Mines, Water Rights, Personal Rights, Contracts, and Inheritances, originally issued in 1885.

In July 2016 the Supreme Court of Mexico invited me to write a chapter for its forthcoming volume of studies of the Court, on the topic of water law in the twentieth century.


January 10, 2016: At the Annual Meeting of the American Historical Association in Atlanta, was the chair and commentator for the panel “The Mexican Revolution and the Administration of Justice,” which was particularly timely due to the recapture of drug lord “El Chapo.”

May 17, 2016: Presented “James Wilkie’s Historical Structuralism: Religion, Politics, and Society in Modern Mexico,” at a conference convened in Ciudad Juárez, Chihuahua, on May 17, 2016, in honor of dissertation advisor, James W. Wilkie, upon his retirement from the UCLA History Department. The papers will be published in a book by the Colegio de Chihuahua, a public graduate school and policy think tank.


June 2015: Served as Visiting Professor of Law at the Universidad Iberoamericana in Mexico City, teaching a course, “Introduction to the American Legal System” to Mexican law students, lawyers, and a federal judge.

March 2016: Guest Editor of the journal Western Legal History’s special issue, “Southern California Water—Essays in Honor of Norris C. Hundley, Jr.” to which I contributed the introduction, “New Studies in Western Water Law: From Regional to Local Focus,” and an article, “The All-American Canal and the Civil-Common Law Divide.”

I. Nelson Rose

Professor I. Nelson Rose“The explosion of legal gaming around the world has created a rare opportunity to explore how the law deals with changes in technology and society. Sixty years ago there were no state lotteries; today they are in all but a half-dozen states. Change is accelerating. In the first nine months of 2016 seven state legislatures legalized fantasy sports; contests of skill and “freemium” online games are multi-billion-dollar businesses; and new forms of gaming, like eSports, are attracting millions of fans. My scholarship has allowed me to not only closely follow these developments, but also to predict where we will be going. For example, I believe I am the only expert who is writing and speaking about why Millennials are going to be the next generation of compulsive gamblers.”


Glücksspiel: Ökonomie, Recht, Sucht (gambling: Economics, Law, Addiction) (translated into German), Ihno Gebhardt, Editor (Series: De Gruyter Handbooks); chapter Gambling in the United States (2016).

Regulating Daily Fantasy: DFS is like Rocky — On the Ropes,” Law360 Expert Analysis series, (May 16, 2016).

Law, Politics, and Daily Fantasy Sports,” Orange County Lawyer, vol. 58, no. 38 (March, 2016).

Casinos at the End of the World,” Northern Kentucky (Chase College of Law) Law Review, vol. 42, No. 3, pp. 475-492 (2015) (published 2016).


Louisiana Association of Substance Abuse Counselors and Trainers, August 1, 2016, Baton Rouge, Louisiana – Keynote: From Daily Fantasy Sports to Candy Crush for Cash: The Next Generation of Problem Gamblers.

Indiana University Law School, International and Comparative Law Review Symposium, Fair or Foul Play: Contemporary Issues in Sports Wagering and Electronic Gambling, March 11, 2016, Indianapolis, Indiana. The Future of Legal Gambling.

National Council on Problem Gambling, California Office of Problem Gambling, Problem Gambling Training Summit, March 8, 2016, Culver City, California.

2016 ABA Gaming Law Minefield, February 12, 2016, Las Vegas, Nevada – The Future of Legal Gaming.

International Association of Gaming Regulators and International Masters of Gaming Law Joint Conference, October 16, 2015, Lima, Peru – Moderator and Panelist An Inconvenient Tax.

5th Annual Review of Developments in Gaming Law in Macau – May 18, 2015.

Northern Kentucky Law Review Gaming Symposium, March 20, 2015, Chase College of Law – Casinos at the End of the World.


Co-Editor-in-Chief, Gaming Law Review and Economics, 2005 to present;

Editorial Board, Journal of Gambling Studies, Harvard University, 1988 to present;

Editorial Board, BASIS (Brief Addiction Science Information Source) Division on Addictions, Harvard Medical School, 1999 to present;

Board of Advisors, SC Digest/Gambling Issues Section, Strom Thurmond Institute, Clemson University, 1999 to present;

Board of Advisors, Centre International d’étude sur le jeu et les comportements à risque chez les jeunes (International Centre for Youth Gambling Problems and High Risk Behaviors), McGill University, 2000 to present;

Affiliate, Centre for Research into the Social Impact of Gambling, Plymouth University, United Kingdom, 2001 to present;

Academic Member, Asia Pacific Association for Gambling Studies, Macau, 2013 to present.


Visiting Professor University of Melbourne Law School in Australia, Melbourne Law Masters (post-graduate) “Gambling, Policy and the Law,” May 18-22, 2015.

Betsy Rosenblatt

Professor Betsy Rosenblatt“My scholarship considers what motivates creators and innovators to do what they do. I blend theory with empirical social science research to explore how informal or emotional motivators such as shame, uncertainty aversion, pride, and a sense of belonging interact with formal intellectual property law to shape the behaviors of creative communities and individual creators, often defying conventional expectations about how intellectual property protection provides an incentive to creative and inventive progress. I hope to build a vision of intellectual property law informed not only by money, but also by notions of social justice and human flourishing.”


Belonging as Intellectual Creation, 81 Missouri L. Rev. _(forthcoming, 2017).

The Great Game and the Copyright Villain, 27 Transformative Works & Cultures (forthcoming, 2017) (peer reviewed).

A Good Practical Knowledge of British Law: Intellectual Property and Copyright Issues (with Jonathan Kirsch), in Sherlock Holmes: Behind the Canonical Screen (BSI Publications, 2016).

Transformative Works: Young Women’s Voices on Fandom and Fair Use (with Rebecca Tushnet), in Egirls, Ecitizens: Girls’ Experiences Of Gender, Privacy And Equality Online (U. Ottowa Press, 2015).

The Adventure of the Shrinking Public Domain, 86 Colo. L. R. 561 (2015).

  • Reprinted in 2016 Intellectual Property Law Review (forthcoming) (based on peer selection of best intellectual property articles of 2015).


Co-Editor, Transformative Works and Cultures, Issue 27: Sherlock Holmes Fandom, Sherlockiana, and the Great Game (with Roberta Pearson) (forthcoming, 2017).


Uncertainty Aversion and Intellectual Property, Intellectual Property Scholars’ Conference, Stanford Law School, August 11-12, 2016.

Comic Book Law School 303: New Revelations, San Diego Comic Con, July 23, 2016.

Fair Use as Resistance, International Society for the Theory and History of Intellectual Property Law Workshop, CREATe, Glasgow University, Scotland, July 7, 2016.

How It Works: Understanding Copyright Law in the New Creative Economy, Capitol Hill, Washington, D.C., June 20, 2016.

Misadventures of Ownership, The Misadventures of Sherlock Holmes, Minneapolis, Minnesota, June 18, 2016.

Commentary on Uber Inequality: Towards a Feminist Critique of the Sharing Economy by Arianne Renan Barzilay, Law & Society Association Annual Conference, New Orleans, June 4, 2016.

Belonging as Intellectual Creation, Law & Society Association Annual Conference, New Orleans, June 3, 2016.

Fandom and Law, Whedonopolis, Van Nuys, California, May 14, 2016.

Progressive Teaching: Infusing Difficult Conversations in Intellectual Property Classes, MOSAIC IP Conference, Marquette Law School, March 19, 2016.

Copyright and Creators: 2026 (On the Future of Copyright Law), South By Southwest Interactive Festival, Austin, Texas, March 11, 2016.

2015 Copyright Year in Review: New Cases and Future Predictions in an Ever-Changing Legal Landscape, Beverly Hills Bar Association, February 25, 2016.

Belonging as Intellectual Creation, UCLA Entertainment, Media & IP Colloquium Workshop, UCLA Law School, Nov. 8, 2015.

Legal Uncertainty and Eternal Life, How Long, Copyright Duration in the 21st Century, University of Tulsa Law School, October 30, 2015.

David Welkowitz

Professor David Welkowitz“In my research, I have attempted to combine an interest in the theory of trademark protection with discussions of issues of interest not only to the academy but to practicing lawyers as well. Thus, I have written a treatise on Trademark Dilution law (updated yearly) that is used by academics and practitioners alike. Some of my other recent articles have examined the many meanings of “willful” in trademark law, the intersection of intellectual property and human rights conventions, and issues surrounding jury trials in trademark dilution cases. In the latter article, I drafted a model jury instruction as part of the discussion of the proper role of juries vs. judges in such cases.”


Trademark Trial and Appeal Board Meet the Constitution, Fordham Intellectual Property, Media and Entertainment Law Journal (Forthcoming).

Seval Yildirim

Professor Seval Yildirim“In my scholarship, I explore the complex relationship between state and religion in comparative perspective. My focus has been on the role of the state in regulating religious activity in liberal democracies, focusing on my home country of Turkey as well as the United States and India. My personal experience growing up in Turkey, and as a Muslim immigrant to the U.S., as well as my pro bono practice on behalf of religious minorities in the U.S. have informed my scholarship. Exposing false narratives about Muslims and Islam while protecting individual rights is more important than ever in the current climate of increasing hostility against Muslims, and with my scholarship, I hope to contribute to this important effort.”


Gender and Resistance in Turkey: On Myths of Liberty and Salvation. Transnat’l L. & Contemp. Probs. 353, 18(2) J. Gender, Race & Just. 399 (2015) (Invited).

Conceptions of Religion in the Secular State. 41 Pepp. L. Rev. 1049 (2014).


UC Berkeley School of Law, Visiting Professor of Law teaching Islamic Law Seminar

Islamic Legal Studies Program, Harvard Law School Regional Editor for Turkey, SHARIAsource

Elected to the 2016 Executive Committee of AALS Sections on Islamic Law and Comparative Law of AALS, and 2017 Chair Elect of the AALS Section on Comparative Law

Served as peer reviewer for Oxford University Press, Journal of Law and Religion, Journal of Law and Social Inquiry, and Comparative European Politics


Islamic Law Teaching in the 21st Century Global Law School. Joint Program of Sections on Islamic Law and Law and South Asian Studies. 2017 AALS Annual Meeting. January 2017, San Francisco, CA.

Panel on Civil Law in Asia. Invited Chair. Symposium on Asian Courts and Constitutional Politics in the 21st Century. University of Washington School of Law. October 2016.

Human Rights in Post-Coup Turkey. Invited Speaker. Michigan State University College of Law. September 22, 2016.

Islamic Law and Society Through the Ages. Chair. Annual Meeting of the Law and Society Association. June 2016.

Convening Conference of SHARIASource, a project of Harvard Law School’s Islamic Legal Studies Program. Invited Participant. Harvard Law School, September 2015.

Deborah Forman (Emeritus)

Professor Emeritus Deborah FormanProfessor Forman’s article Embryo Disposition and Divorce: Why Clinic Consent Forms are Not the Answer, was cited in the trial court opinion in the just-decided embryo disposition case, Findley v. Lee, acknowledging (though not adopting) my critique of using medical consent forms as contracts.

She has been invited to contribute a chapter on abortion and surrogacy to an edited collection entitled Contemporary Issues on Abortion Law and Practice.

Her article Exploring the Boundaries of Families Created with Known Sperm Providers: Who’s In and Who’s Out? will be published in the University of Pennsylvania Journal of Law and Social Change. Deb also presented this article at the AALS Mid-Year Family Law meeting in Orlando in June.

Her article Abortion Clauses in Surrogacy Contracts: Insights from a Case Study, was published in Family Law Quarterly.

She presented Exploring the Boundaries of Families Created with Known Gamete Providers: Who’s In and Who’s Out?, at the AALS Mid-Year Family Law Meeting, June 23, 2015.

J. Denny Haythorn (Emeritus)

Professor Emeritus Denny HaythornDenny Haythorn continues to work with the ABA on site visits and reports. Last fall he served on an inspection team as the Library representative on a sabbatical inspection team at Campbell University School of Law located in Raleigh, N.C. He has agreed to serve on another team this next March to Lincoln Memorial University in Knoxville, TN. The Lincoln visit will be his sixth site team visit.

Bill Patton (Emeritus)

Professor Emeritus Bill PattonProfessor Patton presented an ethics training session to child dependency attorneys, on Allegations of Ineffectiveness of Counsel: Client Confidentiality, Loyalty, and the Parameters of An Attorney’s Reputation Defense.

He wrote the first amicus curiae brief in the Compton Unified School District litigation which alleges that the District has failed to provide educational accommodations for students suffering from complex emotional trauma and polyvictimization.

He authored a new statutory analysis of the Child Abuse Prevention and Treatment Act’s confidentiality provisions and sent a request to the federal Department of Health and Human Services, Children’s Bureau, to correct its interpretation in the federal Child Policy Manual that defines states’ responsibilities to abused and neglected children.