faculty scholarship driving changesarah adams-schoen assistant professor books and book chapters...

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Faculty ScholarshipDriving Change

Educating the next generation of lawyers, developing path-breaking scholarship, and driving change in our society.

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IMPACT “I’m honored to present Oregon

Law’s most recent faculty

scholarship. Our professors’

body of work reflects many

facets of the law’s impact on the

world. On topics ranging from

climate change, prison reform,

constitutional conflicts, and

dispute resolution to international

law, employment law, and the

commercial code, our work affects

lives today and into the future.”

MARCILYNN A. BURKE Dean, Dave Frohnmayer Chair in Leadership and Law

SARAH ADAMS-SCHOENAssistant Professor

BOOKS AND BOOK CHAPTERS

“Planning and Zoning Within the Coastal

Zone,” in American Law of Zoning (Patricia

Salkin ed., West, sixth edition, 2017).

ARTICLES AND POLICY PAPERS

“Beyond Localism: Harnessing State

Adaptation Lawmaking to Facilitate Local

Climate Resilience,” 8 Michigan Journal of

Environmental and Administrative Law 185

(2018).

“The WUI, the Waterfront, and the Wicked

Problem of Planning and Zoning for

Climate Resilience,” 41 Zoning and Planning

Law Reports 1 (2018).

“Zoning for Small- and Medium-Scale

Wind Energy: Model Ordinance and

Resource Guide” (with Evan Zablow), for

the New York State Energy Research and

Development Authority (2017).

ANGELA ADDAEAssistant Professor


“Challenging the Constitutionality of

Private Prisons: Insights from Israel,” 25

William and Mary Journal of Women and the

Law 527 (2019).

“Pathways to Sector Selection: A

Theoretical Framework for Social

Entrepreneurs,” 28 Nonprofit Management

and Leadership 349 (2018) (peer reviewed).

ADELL AMOSAssociate Dean for Academic AffairsClayton R. Hess Professor of Law


“Scope and Limitations of Drought

Management within Complex Human-

Natural Systems” (with William K. Jaeger,

David Conklin, Christian Langpap, Kathleen

Moore, and Andrew Plantinga), 2 Nature

Sustainability 710 (2019) (peer reviewed).

“Mechanisms for Protecting Groundwater-

Dependent Ecosystems” (with Clinton

Donegan Burke), for The Nature

Conservancy, August 2018.

“Scarcity Amid Abundance: Water, Climate

Change, and the Policy Role of Regional

System Models” (with William K. Jaeger,

Daniel P. Bigelow, Heejun Chang, David R.

Conklin, Roy Haggerty, Christian Langpap,

Kathleen Moore, Philip W. Mote, Anne

Nolin, Andrew J. Plantinga, Cynthia

Schwartz, Desiree Tullos, and David T.

Turner), 114 Proceedings of the National

Academy of Sciences 11884 (2017) (peer

reviewed).

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KRISTEN BELLAssistant Professor


“A Reparative Approach to Parole Release

Decisions,” in Rethinking Punishment in

the Era of Mass Incarceration (Chris W.

Surprenant ed., Routledge, 2017).


“A Stone of Hope: Legal and Empirical

Analysis of California Juvenile Lifer Parole

Decisions,” 54 Harvard Civil Rights-Civil

Liberties Law Review 455 (2019).

“Prisoners as Patients: The Opioid

Epidemic, Medication-Assisted

Treatment, and the Eighth Amendment”

(with Michael Linden, Sam Marullo, Curtis

Bone, and Declan T. Barry), 46 Journal

of Law, Medicine, and Ethics 252 (2018)

(symposium).

“Sentencing Inside Prisons: Efforts to

Reduce Isolating Conditions” (with Judith

Resnik), 87 University of Missouri–Kansas

City Law Review 133 (2018) (symposium).

CARL BJERREWallace L. and Ellen A. Kaapcke Professor of Business Law


“LLC and Partnership Transfer

Restrictions Excluded From UCC

Article 9 Overrides” (with Daniel S.

Kleinberger, Edwin E. Smith, and Steven O.

Weise), Business Law Today (February 7,

2019).

“A Guide to the Hague Securities

Convention for US Lawyers” (with Sandra

M. Rocks, Edwin E. Smith, and Steven O.

Weise), 47 Uniform Commercial Code Law

Journal 389 (2018).

“Investment Securities (The Uniform

Commercial Code Survey),” 73 Business

Lawyer 1209 (2018).

“Investment Securities (The Uniform

Commercial Code Survey),” 72 Business

Lawyer 1133 (2017).

OTHER WRITINGS

“Security Interest Opinions under the

Hague Securities Convention” (with

Sandra M. Rocks, Edwin E. Smith, and

Steven O. Weise), 16 In Our Opinion:

The Newsletter of the Legal Opinions

Committee, American Bar Association

Business Law Section 11 (Spring 2017).

MARCILYNN A. BURKEDean Dave Frohnmayer Chair in Leadership and Law


“Anything New Under the Sun? When

Voters Directly Regulate Energy and

Mineral Development,” 65 Rocky Mountain

Mineral Law Institute 2-1 (forthcoming

2019).

“Streamlining or Steamrolling: Oil and Gas

Leasing Reform on Federal Public Lands

in the Trump Administration,” 91 Colorado

Law Review (forthcoming 2019).

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ANDREA COLES-BJERREAssociate Professor


“A Linguistic Critique of Tag Jurisdiction:

Justice Scalia and the Zombie

Metonymy,” 68 American University Law

Review 1 (2018).

Oregon Law Commission Work Group

Report on the Oregon Receivership

Code (2017).

GREG DOTSONAssistant Professor


“State Authority to Regulate Mobile

Source Greenhouse Gas Emissions,

Part 2: A Legislative and Statutory

History Assessment,” 32 Georgetown

Environmental Law Review (forthcoming

2020).

“State Authority to Regulate Mobile

Source Greenhouse Gas Emissions, Part

1: History and Current Challenge,” 49

Environmental Law Reporter (forthcoming

2019).

“The Carbon Tax Vote You’ve Never Heard

of and What It Portends,” 36 University

of California at Los Angeles Journal of

Environmental Law and Policy 167 (2018).

OTHER WRITINGS

“How Congressional Oversight Can Help

Address Climate Change” (with Philip S.

Barnett), Climate Law Blog, Sabin Center for

Climate Change Law (November 8, 2018).

“Why EPA’s U-Turn on Auto Efficiency

Rules Gives China the Upper Hand,” The

Conversation (March 29, 2018).

“Now Under Attack, EPA’s Work on Climate

Change Has Been Going On for Decades,”

The Conversation (March 9, 2017).

STUART CHINNAssociate Dean for Programs and ResearchJames D. and Alfred T. Goodwin Senior Fellow, Associate Professor


“The Meaning of Judicial Impartiality:

An Examination of Supreme Court

Confirmation Debates and Supreme Court

Rulings on Racial Equality,” 2019 Utah Law

Review (forthcoming).

“Free Speech Controversies and

Consequences on Campus,” 54 Tulsa Law

Review 225 (2019) (book review essay).

“Political Parties and Constitutional

Fidelity,” 102 Marquette Law Review 387

(2018).

“Finding Common Ground Across Race

and Religion: Judicial Conceptions of

Political Community in Public Schools,”

2017 Utah Law Review 531.

“Threats to Democratic Stability:

Comparing the Elections of 2016 and

1860,” 77 Maryland Law Review 291 (2017)

(symposium).

“Trump and Chinese Exclusion:

Contemporary Parallels with Legislative

Debates over the Chinese Exclusion Act

of 1882,” 84 Tennessee Law Review 681

(2017) (symposium).

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MICHAEL FAKHRIAssociate Professor


“Sugar,” in International Law’s Objects

(Jessie Hohmann and Daniel Joyce eds.,

Oxford University Press, 2019).

Bandung, Global

History, and

International Law:

Critical Pasts and

Pending Futures

(with Vasuki Nesiah

and Luis Eslava

eds., Cambridge

University Press,

2017; paperback,

2018).

“The Bandung Conference” (with Kelly

Reynolds), in Oxford Bibliographies in

International Law (Tony Carty ed., Oxford

University Press, 2017).

“Gauging US and EU Seal Regimes in the

Arctic Against Inuit Sovereignty,” in The

European Union and the Arctic (Nengye Liu

et al. eds., Brill Nijhoff, 2017).

Sugar and the Making of International

Trade Law (Cambridge University Press,

paperback, 2017).


“Third World Sovereignty, Indigenous

Sovereignty, and Food Sovereignty” 9

Transnational Legal Theory 218 (2018)

(peer reviewed).

SUSAN GARYOrlando John and Marian H. Hollis Professor of Law


§§ 511-550 in Bogert’s Law of Trusts and

Trustees (Thompson West, revised second

edition, 2019)..

Wills, Trusts, and Estates in Focus (with

Alyssa DiRusso and Naomi R. Cahn)

(Wolters Kluwer, 2019).

Understanding Trusts and Estates (with

Roger W. Andersen) (Carolina Academic

Press, sixth edition, 2018).


“The Oregon Stewardship Trust: A New

Type of Purpose Trust that Enables

Steward-Ownership of a Business,”

88 University of Cincinnati Law Review

(forthcoming 2019) (symposium).

“Best Interests in the Long Term:

Fiduciary Duties and ESG Integration,”

90 University of Colorado Law Review 731

(2019).

“Restricted Charitable Gifts: Public

Benefit, Public Voice,” 81 Albany Law

Review 565 (2018).

ELIZABETH FROSTSenior Legal Research and Writing Professor


“Failure Begets Failure,” 48 Stetson Law

Review 33 (2018).

“Feedback Distortion: The Shortcomings

of Model Answers as Formative

Feedback,” 65 Journal of Legal Education

938 (2016), reprinted in 7 The Monograph

Series, 2018.

OTHER WRITINGS

“The Worst Words,” Oregon State Bar

Bulletin (May 2019).

“Irregularity and Other Challenges:

Addressing Tricky Verbs,” Oregon State

Bar Bulletin (January 2019).

“Your Professional Bio is Legal Writing,

Too,” Oregon State Bar Bulletin (November

2018).

“Accepting Criticism with Grace,” Oregon

State Bar Bulletin (January 2018).

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LESLIE HARRISProfessor Emerita


Children, Parents and the Law: Public and

Private Authority in the Home, Schools,

and Juvenile Courts (Wolters Kluwer, fourth

edition, 2019).

Family Law (with

June Carbone and

Rachel Rebouche)

(Wolters Kluwer,

sixth edition,

2018).

“Teen Health-

Care Decisions:

How Maturity

and Social Policy

Affect Four Hard Cases,” in Studies in Law,

Politics and Society, Vol. 72 (Austin Sarat

ed., Emerald Publishing Limited, 2017).


“Child Support for Postsecondary

Education: Empirical and Historical

Perspectives,” 29 Journal of the American

Academy of Matrimonial Lawyers 299

(2017).

“Family Policy after the Fragile Families

and Relationship Dynamics Studies,” 35

Journal of Law and Inequality 223 (2017).

“Obergefell’s Ambiguous Impact on Legal

Parentage,” 92 Chicago-Kent Law Review

55 (2017).

TOM LININGEROrlando John and Marian H. Hollis Professor of Law


Supplement to The New Wigmore: Volume

on Impeachment and Rehabilitation

(Wolters Kluwer, 2018).


“Reforming Judicial Ethics to Promote

Environmental Protection,” 49

Environmental Law Reporter 10789 (2019)

(symposium).

“Exploring Strategies to Promote Access

to Justice,” 31 Georgetown Journal of Legal

Ethics 357 (2018) (symposium).

“Green Ethics for Judges,” 86 George

Washington Law Review 711 (2018).

“Unlocking the ‘Virtual Cage’ of Wildlife

Surveillance” (with Henry Lininger), 27

Duke Environmental Law and Policy Forum

207 (2017).

ERIK GIRVANAssociate Professor


“The Law and Social Psychology of

Racial Disparities in School Discipline,”

in Advances in Psychology & Law, Vol. 4

(Brian H. Bornstein and Monica K. Miller

eds., Springer International, 2019).

“The School-to-Prison Pipeline: How

Federal Anti-Discrimination Law Fails to

Protect Equal Educational Opportunity,”

in The Oxford Handbook of U.S. Education

Law (Kristine L. Bowman ed., Oxford



“Tail, Tusk, and Trunk: What Different

Metrics Reveal About Racial

Disproportionality in School Discipline”

(with Kent McIntosh and Keith

Smolkowski), 54 Educational Psychologist

40 (2019) (peer reviewed).

“Using Discipline Data to Enhance Equity

in School Discipline” (with Kent McIntosh,

Kathleen Elwood, and Lisa McCall), 53

Intervention in School and Clinic 146 (2018)

(peer reviewed).

“The Relative Contribution of

Subjective Office Referrals to Racial

Disproportionality in School Discipline”

(with Cody Gion, Kent McIntosh, and

Keith Smolkowski), 32 School Psychology

Quarterly 392 (2017) (peer reviewed).

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ROBERTA MANNMr. and Mrs. L. L. Stewart Professor of Business Law


“Oregon: Constitutional Barriers to a

Carbon Tax,” in El Marco Constitucional

de la Tributacion Ambiental/

The Constitutional Framework of

Environmental Taxation (Rodolfo

Salassa-Boix ed., Ciencia, Derecho y

Sociedad, 2018).

Tax Law and the Environment: A

Multidisciplinary Approach (with Tracey M.

Roberts eds., Lexington Books, 2018).


“I Robot, U Tax?” 64 McGill Law Journal

(forthcoming 2019).

“Controlling the Environmental Costs of

Obesity,” 47 Environmental Law 697 (2017).

OTHER WRITINGS

“Why American Infrastructure Gets a ‘D+’

and What Can Be Done,” Tax and Transfer

Policy Institute (April 28, 2017).

“Mind the Gap: Effect of IRS Budget Cuts

on the Tax Gap and Potential Solutions,”

The Surly Subgroup (January 23, 2017).

MICHELLE MCKINLEYBernard B. Kliks Professor


“Juana de Godinez,” in Freedom in

Degrees: A Collective Biography of Black

Women and Emancipation in the Americas

(Tatiana Seijas, Terri Snyder, and Erica

Ball eds., Cambridge University Press,

forthcoming).

Fractional Freedoms: Slavery, Intimacy,

and Legal Mobilization in Colonial Lima,

1600–1700 (Cambridge University Press,

paperback, 2018).

OTHER WRITINGS

“Pablo Miguel Sierra Silva. Urban Slavery

in Colonial Mexico: Puebla de Los

Angeles, 1531–1706,” 134 English Historical

Review (forthcoming 2019) (book review).

“Bianca Premo. The Enlightenment on

Trial: Ordinary Litigants and Colonialism

in the Spanish Empire,” 123 The American

Historical Review 984 (2018) (book review).

“Tamara Walker. Exquisite Slaves: Race,

Clothing, and Status in Colonial Lima,” 75

The Americas: A Quarterly Review of Latin

American History 766 (2018) (book review).

MOHSEN MANESHAssociate Professor


“Fiduciary Principles in Unincorporated

Entity Law,” in The Oxford Handbook of

Fiduciary Law (Evan J. Criddle, Paul B.

Miller, and Robert H. Sitkoff eds., Oxford



“Introducing the Totally Unnecessary

Benefit LLC,” 97 North Carolina Law Review

603 (2019).

“Creatures of Contract: A Half-Truth about

LLCs,” 42 Delaware Journal of Corporate

Law 391 (2018).

“The Case Against Fiduciary Entity Veil

Piercing,” 72 Business Lawyer 61 (2017).

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MICHAEL MUSHENOProfessor


Navigating Conflict: How Youth Handle

Trouble in a High-Poverty School (with

Calvin Morrill) (University of Chicago Press,

2018).


“Exploring Frontline Work in China” (with

Xiaowei Zang), 95 Public Administration 842

(2017) (peer reviewed).

OTHER WRITINGS

“Culture of Trust is Key for School Safety”

(with Calvin Morrill), The Conversation

(March 27, 2018).

ERIC PRIESTAssociate Professor


“Redeeming Globalization through Unfair

Competition Law” (with Sean A. Pager), 41

Cardozo Law Review (forthcoming 2020).

“Why Don’t We Think about Authors the

Way We Think about Entrepreneurs?” 53

Akron Law Review (forthcoming 2020).

OTHER WRITINGS

“Tariffs Are the Wrong Weapon in

Fight against China’s ‘Pirates’ – Here’s

the Right One” (with Sean Pager), The

Conversation (April 30, 2018).

MICHAEL MOFFITTPhilip H. Knight Chair, Professor


Dispute Resolution: Examples &

Explanations (with Andrea Kupfer

Schneider) (Aspen, fourth edition,

forthcoming 2019).

Dispute Resolution: Beyond the Adversarial

Model (with Carrie J. Menkel-Meadow, Lela

Porter Love, and Andrea Kupfer Schneider)

(Aspen, third edition, 2018).


“Settlement Malpractice,” 86 University of

Chicago Law Review (forthcoming 2019).

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OFER RABANElmer Sahlstrom Senior Faculty Fellow, Professor


“Some Observations on the First

Amendment and the War on Terror,” 53

Tulsa Law Review 141 (2018).

“Constitutional but Legally Invalid,” 5

The Theory and Practice of Legislation 101

(2017) (peer reviewed).

OTHER WRITINGS

“Assange’s New Indictment: Espionage

and the First Amendment,” The

Conversation (May 25, 2019).

“Is the Assange Indictment a Threat to

the First Amendment?” The Conversation

and Salon.com (May 1, 2019).

“There’s a Wider Scandal Suggested

by the Trump Investigations,” The

Conversation and Salon.com (January 24,

2019).

“Kavanaugh’s Impact on the Supreme

Court and the Country May Not Be as

Profound as Predicted,” The Conversation

and Salon.com (November 20, 2018).

JENNIFER REYNOLDSAssociate Professor


“Oversimplifying, Overselling,

Overreaching,” in Discussions on Dispute

Resolution (Andrea Kupfer Schneider and

Art Hinshaw eds., forthcoming).

“Thinking of Activism as ADR,” in The

Negotiator’s Fieldbook (Chris Honeyman

and Andrea Kupfer Schneider eds.,

forthcoming).

“The A is for Activism,” in Negotiator’s

Desk Reference (Chris Honeyman and

Andrea Kupfer Schneider eds., DRI Press,

second edition, 2018).


“In a Very, Very Short Story Called

‘Equivalent,’ Amy Hempel Explores

Connection and Interaction,” Dispute

Resolution Magazine (forthcoming 2019).

“The Activist Plus: Dispute Systems

Design and Social Activism,” 13 University

of St. Thomas Law Journal 334 (2017)

(symposium).

OTHER WRITINGS

“Annihilation Is a Futuristic Exercise in

Empathy,” Dispute Resolution Magazine

(Summer 2018).

JOAN ROCKLINSenior Legal Research and Writing Professor


A Lawyer Writes: A Practical Guide to Legal

Analysis (with Chris Coughlin and Sandy

Patrick) (Carolina Academic Press, third

edition, 2018).


“Exam-Writing Instruction in a Classroom

Near You: Why It Should Be Done and How

to Do It,” 22 Journal of the Legal Writing

Institute 189 (2018).

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NANCY SHURTZB.A. Kliks Professor


“Chapter 9: Nontax Considerations in

Testamentary Transfers to Minors” (with

Susan N. Gary), in Tax, Estate, and Lifetime

Planning for

Minors (Carmina

Y. D’Aversa ed.,

American Bar

Association Book

Publishing, second

edition, 2019).

Sustainability and

Business Law (with

Judd F. Sneirson)

(Carolina Academic

Press, 2017).


“Tax, Class, Women, and Elder

Care,” 43 Seattle University Law

Review (forthcoming 2019).

“Long-Term Care and the Tax Code: A

Feminist Perspective on Elder Care,”

20 Georgetown Journal of Gender and the

Law 107 (2018).

“Seeking Citizenship in the Shadow of

Domestic Violence: The Double Bind of

Proving ‘Good Moral Character,’” 62 Saint

Louis University Law Journal 237

(2017).

OTHER WRITINGS

“Setting the Record Straight

on ‘Investigative Report,’” The

Register-Guard (April 25, 2018).

ELIZABETH “LIZ” TIPPETTAssociate Professor


Arbitration and Mediation of Employment

and Consumer Disputes: Proceedings

of the New York University 69th Annual

Conference on Labor (with Samuel

Estreicher eds., Carolina Academic Press,

2018).


“Drug Injury Advertising” (with Jesse

King), 18 Yale Journal of Health Policy,

Law, and Ethics (forthcoming 2019) (peer

reviewed).

“Little Opportunities,” 23 Employee

Rights and Employment Policy Journal

(forthcoming 2019).

“Harassment Trainings: A Content

Analysis,” 39 Berkeley Journal of

Employment and Labor Law 481 (2018).

“How Employers Profit from Digital Wage

Theft Under the Fair Labor Standards Act

(FLSA),” 55 American Business Law Journal


“The Legal Implications of the MeToo

Movement,” 103 Minnesota Law Review

228 (2018).

SUZANNE ROWEJames L. and Ilene R. Hershner Professor


“Faculty” (with Kristen Tiscione and

Melissa Weresh) in ABA Sourcebook on

Legal Writing Programs and Instruction:

Best Practice, Outcomes Assessment,

and Innovation (ABA, third edition,

forthcoming 2019).

California Legal

Research (with

Aimee Dudovitz

and Sarah

Laubach)

(Carolina

Academic Press,

fourth edition,

2019).

Oregon Legal Research (with Megan

Austin) (Carolina Academic Press, fourth

edition, 2018).


“The Elephant in the Room: Responding

to Racially Charged Words,” 15 Legal

Communication and Rhetoric: Journal of

the Association of Legal Writing Directors


OTHER WRITINGS

“Bar Talk: A Grammarian Walks Into . . . ,”

Oregon State Bar Bulletin (December 2018).

“The Error of Extendification,” Oregon

State Bar Bulletin (June 2018).

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MERLE WEINERPhilip H. Knight Professor


“Regulating the

Relationship

Between Parents:

Moving Beyond the

Law of Marriage

and Custody,” in The

Contested Place of

Religion in Family

Law (Robin Fretwell

Wilson ed., Cambridge

University Press,

2018).

“Roe v. Wade,” in Max Planck Encyclopedia

of Comparative Constitutional Law (Oxford



“When A Parent is Not Apparent,” 80

University of Pittsburgh Law Review 1

(2019).

“Legal Counsel for Survivors of Campus

Sexual Violence,” 29 Yale Journal of Law

and Feminism 123 (2017).

“A Principled and Legal Approach to Title

IX Reporting,” 85 Tennessee Law Review 71

(2017).

OTHER WRITINGS

“Senators Botched the Brett Kavanaugh

Investigation. Now the FBI Must Clean Up

the Mess,” USA Today (October 1, 2018).

MARY CHRISTINA WOODPhilip H. Knight Professor


“Restoring Democracy: Nature’s Trust,

Human Survival, and Constitutional

Fiduciary Governance,” in Democracy

Unchained: How to Rebuild Government for

the People (David Orr et al. eds., The New

Press, forthcoming 2020).


“Atmospheric Trust Litigation: Securing a

Constitutional Right to a Stable Climate

System,” 29 Colorado Natural Resources

Energy and Environmental Law Review 321

(2018).

“Juliana v. United States: Debating the

Fundamentals of the Fundamental Right

to a Sustainable Climate” (with Erin Ryan,

Jim Huffman, Irma Russell, and Richard

Frank), 46 Florida State University Law

Review Online 1 (2018) (symposium).

“Tribal Tools & Legal Levers for Halting

Fossil Fuel Transports & Exports Through

the Pacific Northwest” (with Anna Elza

Brady and Brendan Keenan Jr.), 7 American

Indian Law Journal Issue 1, at Article 5

(2018).

“‘No Ordinary Lawsuit’: Climate Change,

Due Process, and the Public Trust

Doctrine” (with Michael C. Blumm), 67

American University Law Review 1 (2017).

OTHER WRITINGS

“These Kids and Young Adults Want

Their Day in Court on Climate Change”

(with Michael C. Blumm), The Conversation

(October 23, 2018).

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Follow UO Law ResearchStuart Chinn@UOLawResearch

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faculty scholarship driving changesarah adams-schoen assistant professor books and book chapters...

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