Mediation Ethics: Cases and Commentaries (Jossey Bass, March 2011)
Articles, Book Chapters, And Article-Length Works
Forgiveness & Reconciliation: Processes and Outcomes, in The Negotiators Desk Reference (with Loren Toussaint) (Chris Honeyman and Andrea Kupfer Schneider ed., American Bar Association Section of Dispute Resolution Press, forthcoming 2017)
Inequality in America and Spillover Effects on Mediation Practice: Disputing for the 1 Per Cent and the 99 Per Cent, 35 Law In Context 24 (2017)
Palliative Care and End-of-Life Options, 34 Quinnipiac L. Rev. 627 (with Lynette Cederquist) (2016)
Mediators and Substantive Justice: A View from Rawls' Original Position, 30 Ohio St. J. on Disp. Resol. 391 (with Lola Akin Ojelabi) (2016)
The Hopes and Fears of All the Years: 30 Years behind and the Road Ahead for the Widespread Use of Mediation, 31 Ohio St. J. on Disp. Resol. 123 (with Lela P. Love) (2016)
Bioethics Mediation at the End of Life: Opportunities and Limitations, 15 Cardozo J. Conflict Resol. 449 (2014), available athttp://ssrn.com/abstract=2446758
Elegy for Mrs. G: Mediating Losses at the End of Life, 23 Quinnipiac Prob. L. J. 411 (2010)
Mindfulness, Emotions and Ethics: The Right Stuff?, 10 Nev. L.J. 513 (2010)
Baby Doe Regulations and Tragic Choices at the Bedside: Accepting the Limits of “Good Process”, 25 Ga. St. U. L. Rev. 1019 (2009)
Therapeutic Jurisprudence: Growing Up and Looking Forward, 30 T. Jefferson L. Rev. 345 (2008)
Mediation at the End of Life: Getting Beyond the Limits of the Talking Cure, 23 Ohio St. J. on Disp. Resol. 143 (2007)
Restorative Justice and the Pre-conditions for Grace: Taking Victim’s Needs Seriously, 9 Cardozo J. Conflict Resol. 91 (2007)
Proactive Ethics Consultation in the ICU: A Comparison of Value Perceived by Healthcare Professionals and Recipients, 18 J. Clinical Ethics 140 (2007) (with Felicia Cohn, Paula Goodman-Crews, William Rudman, and Lawrence J. Schneiderman)
Reconciliation and Forgiveness in Negotiation, in The Negotiator's Field Book (Honeyinan and Schneider)(2006)
Cultural Priorities Revealed: The Development and Regulation of Assisted Reproduction in the United States and Israel, 16 Health Matrix 65 (2006)
What Do We Tell the Children? 35 Cap. U. L. Rev. 517 (2006)
The Concept of Justice in Mediation: A Psychobiography, 6 Cardozo J. Conflict Resol. 247 (2005)
Eyes Wide Shut: Erasing Women’s Experience from the Clinic to the Courtroom, 28 Harv J.L. & Gender (2005) (with Marybeth Herald)
Book Review, Peter, D. Jacobson, Strangers in the Night: Law and Medicine in the Managed Care Era (2002) 29 J. Health Pol. Pol'y & L. 1241 (2004)
The Parent Trap: Uncovering the Myth of "Coerced Parenthood" in Frozen Embryo Disputes, 53 Am. U. L. Rev. 102 (2004)
Healing Hearts or Righting Wrongs? A Meditation on the Goals of "Restorative Justice," 25 Hamline J. Pub. L. and Pol'y 355 (2004)
San Diego Moveable Feast: Competition in Cooperation-Building (With Chris Honeyman, et al), 5 Cardozo J. of Conflict Resol. 173 (2004)
Disputing Over Embryos: Of Contracts and Consents, 32 Ariz St. L.J. 897 (2000), reprinted inRights and Resources 123 (Frances H. Miller, ed., Ashgate, 2003)
King Solomon in the Age of Assisted Reproduction, 24 T.Jefferson L. Rev. 217 (2002)
Credentialing Approaches: The Slow Movement Toward Skills-Based Testing Continues, Disp. Resol. Mag., Fall 2001, at 14-16, 21
Substituting Needs For Rights in Mediation: Therapeutic or Disabling?, 5 Psychol. Pub. Pol'y & L. 1103 (1999)
Therapeutic Jurisprudence/Preventive Law and Alternative Dispute Resolution: Substituting Needs for Rights in Mediation: Therapeutic or Disabling?, 5 Psych. Pub. Pol'y & L. 1103,1111-13 (1999)
Family Law Conundrums in Assisted Reproduction, 21 Whitter L. Rev. 451 (1999)
The Evaluative-Facilitative Debate in Mediation: Applying the Lens of Therapeutic Jurisprudence, 82 Marq. L. Rev. 155 (1998)
Identifying the Role of Social Norms in Mediation: A Multiple Model Approach, 48 Hastings L.J. 703 (1997)
The Challenge of Certification: How to Ensure Mediator Competence While Preserving Diversity, 30 U.S.F. L. Rev. 723 (1996)
Role of Legal Norms in Divorce Mediation: An Arguent for Inclusion, 1 Va. J. Soc. Pol'y & L. 87 (1993)
ADR in the Private and Public Sector, Cardozo Journal of Conflict Resolution Eleventh Annual Symposium, New York, NY, Nov. 2009
The Challenge of Mediation Ethics, Faculty Colloquium Touro College Jacob D. Fuchsberg Law Center, Central Islip, NY, Nov. 2009
Elegy for Mrs. G: Dispute Resolution in the Wake of Loss, Connecticut Bar Foundation Symposium on Bioethics and the Law, Hamden, CT, Oct. 2009
Negotiating Tragic Choices, XXXIst International Congress on Law and Mental Health, New York, NY, June 2009
A Health Care Primer for Dispute Resolution Professionals, American Bar Association Dispute Resolution Section Annual Meeting, New York, NY, Apr. 2009
What Mediation Can and Can’t Do at the End of Life, Faculty Colloquia Quinnipiac University School of Law, Hamden, CT, Mar. 2009
Mediating End of Life Conflict, The Willis Cunningham Memorial Lecture at Queens University Law School, Kingston Ontario, Canada, Mar. 2009
Mediating Futility Disputes, Georgia State Symposium on The 25th Anniversary of the Baby Doe Regulations, Atlanta, GA, Feb. 2009
A Whole New Mind: Our Right Brain Future and Mediation, American Association of Law Schools Annual Meeting, San Diego, CA, Jan. 2009
A Therapeutic Jurisprudence Approach to Training Attorneys, International Conference on Justice and Policing in Diverse Societies, San Juan, Puerto Rico, June 2008
Mediation Orientation and Its Impact on Interpreting the Model Standards, The American Bar Association Section of Dispute Resolution Annual Conference, Seattle, WA, Apr. 2008
Commercial Mediators and Ethical Codes, American Association of Law Schools Annual Meeting, New York, NY, Jan. 2008
Risk and Uncertainty in End-of-Life Disputes, 2007 Hamline University School of Law’s Symposium on Conflict Resolution in Health Care, St. Paul, MN, Nov. 2007
Ethical Intuitionism and Casuistry Toward a Method for Ethical Decision Making, South Texas Annual Ethics Symposium: Ethics in the Expanding World of ADR, Houston , TX, Nov. 2007
Challenges and Opportunities in the Mediation Clinic, 2007 Mountain West Regional Clinical Conference, San Diego, CA Oct. 2007
Mediation at the End of Life: The Limits of the Talking Care, American Association of Law Schools Annual Meeting, Washington, DC, Jan. 2007
The Right to Refuse Medical Care - Whose Choice Is It?, Kaiser Permanente Bioethics Symposium, Long Beach, CA, Dec. 9, 2006
Ethical Issues in Donor Insemination: What Should We Tell the Children?, University of California, San Diego Biomedical Ethics Seminar, San Diego, CA, Nov. 15, 2006
Restorative vs. Retributive Justice: Exploring the Psychology of Victim Need, Cardozo Journal of Conflict Resolution, New York, New York, Nov. 10, 2006
Selected Topics in Mediation, Cardozo Law School, New York, NY, Sept. 2005
Conflict Resolution at the End of Life, Santa Clara Law School, Santa Clara, CA, Aug. 2005
Personality Disorders in Family Court, International Academy on Law and Mental Health, 29th Annual Conference, Paris, France, July 2005
Conflict Resolution in Ethics Consultation, University of California San Diego Ethics Committee, San Diego, CA, July 2005
Don’t Ask, Don’t Tell: Balancing Medical Training and Patient Privacy, UCSD Medical School, La Jolla, CA, June 2005
Musing on the Justice in Restorative Justice, Marquette Law School Faculty Colloquia, Milwaukee, WI, Feb. 2005
The Limits of Narrative: Story-telling and “Magical Thinking” in Restorative Justice Schemes, Law and Humanities Conference, San Diego, CA, Jan. 2005
Conflict Resolution Procedures and Skills in the Health Care Setting for Hospital Bioethics Committee, Sharp Hospital, San Diego, CA, Oct. 2004
Negotiating Social Divisions: Lessons from ADR for Responding to Structural Injustices, Law and Society Association Annual Meeting, Chicago, IL, June 2004
The Parent Trap: Uncovering Bias in Judicial Treatment of Frozen Embryo Disputes, Biomedical Ethics Seminar Series, University of California at San Diego, San Diego, CA, June 2004
Is There a Place for Justice in Mediation? The American Bar Association Section of Dispute Resolution, Sixth Annual Conference, New York, NY, Apr. 2004
Competing Visions of the Lawyer's Role - Gladiator or Problem-Solver, Dialogue on Doing Justice in a Conflict-Ridden World, Thomas Jefferson School of Law, San Diego, CA, Apr. 2004
The Dialectic of Justice in Mediation, Cardozo Symposium on Justice in Mediation, New York, NY, Mar. 2004
The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce and Navigation Treaties (Oxford University Press 2017)
A History of the Thomas Jefferson School of Law (The California Press 2013)
The First Bilateral Investment Treaties: Friendship, Commerce and Navigation Treaties in the Truman Administration (Proquest 2012)
Thinking Like a Lawyer: An Introduction to Legal Reasoning (Westview Press, 2nd ed., 2011)
Bilateral Investment Treaties: History, Policy and Interpretation (Oxford University Press, 2010)
U.S. International Investment Agreements (Oxford University Press, 2009)
Investment Provisions in Economic Integration Agreements (Principal Author) (Geneva: United Nations, 2006)
International Investment Arrangements: Trends and Emerging Issues (with Roberto Echandi)(Geneva: United Nations, 2006)
Bilateral Investment Treaties in the Mid-1990s (Geneva: United Nations, 2000)
Scope and Definition, UNCTAD Series on Issues in International Investment Agreements (New York : United Nations, 1999)
Thinking Like a Lawyer: An Introduction to Legal Reasoning (Boulder, CO: Westview Press, 1996)
United States Investment Treaties: Policy and Practice (Deventer [Netherlands] ; Boston : Kluwer Law and Taxation, 1992)
Articles, Book Chapters, And Article-Length Works
Book Review: Jean E. Kalicki and Anna Joubrin-Bret, "Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century", 23 Transnational Corps. 103 (2016)
The Liberal Vision of the International Law on Foreign Investment, in Alternative Visions of the International Law on Foreign Investment: Essays in Honour of Muthucumaraswamy Sornarajah 43 (Chin Leng Lim ed., Cambridge University Press 2016)
A Unified Theory of Fair and Equitable Treatment, 43 N.Y.U.J. Int'l L. & Pol. 43 (2011)
A Comparison of the 2004 and 1994 U.S. Model BITs: Rebalancing Investor and Host State Interests, in Yearbook on International Investment Law and Policy (Karl P. Sauvant, ed. 2008/2009)
A Brief History of International Investment Agreements, 12 U.C. Davis J. Int'l L. & Pol'y 157 (2005), reprinted inThe Effect of Bilateral Investment Treaties and Double Taxation Treaties on Foreign Direct Investment Flows 2 (Karl P. Sauvant and Lisa E. Sachs, eds., New York: Oxford University Press, 2009)
Leadership in Times of Institutional Change, 37 U. Tol. L. Rev. 163 (2005)
A New Generation of International Investment Agreements: The Asia and Pacific Perspective, UNCTAD Occasional Paper (2005)
International Investment Agreements in Historical Perspective, 12 UC Davis J. L. & Pol'y 157 (2005)
The Economics of Bilateral Investment Treaties, 41 Harv. Int'l L.J. 469 (2000)
Fixing International Law of Fixing Castro, 48 Cath. U. L. Rev. 1035 (1999)
The Political Economy of a Bilateral Investment Treaty, 92 Am. J. Int'l L. 621 (1998)
Investment Liberalization and Economic Development: The Role of Bilateral Investment Treaties, 36 Colum. J. Transnat'l L. 501 (1998)
Sustainable Liberalism and the International Investment Regime, 19 Mich. J. Int'l L. 373 (1998)
Toward an Effective International Investment Regime, 91 Am. Soc'y Int'l Law Proc. 485 (1997)
Investment Arbitration in the BITs and ECT, in The Energy Charter Treaty (Cambridge: Kluwer Law International, 1996)
Arbitration Provisions in the BITs and the Energy Charter Treaty, in The Energy Charter Treaty 409 (Cambridge: Kluwer Law International, 1996)
Book Review, Rudolf Dolzer and Margrete Stevens, Bilateral Investment Treaties, 90 Am. J. of Int'l L. 545 (1996)
Book Review, Claire Cushman, The Supreme Court Justices: Illustrated Biographies, 1789-1993, 3 San Diego Just. J. 317 (1995)
U.S. Bilateral Investment Treaties: The Second Wave, 14 Mich. J. Int’l L. 621 (1993)
Of Politics and Markets: The Shifting Ideology of the Bits, 11 Int’l Tax & Bus. Law 159 (1993) (now Berkeley J. Int’l L.)
Ideology, Due Process, and Civil Procedure, 67 St. John’s L. Rev. 265 (1993)
The BIT Program: A Fifteen Year Appraisal, 1992 Am. Soc'y of Int'l L. Proc. 532 (1992)
The Modern Doctrine of Prima Facie Tort, 79 Ky L. J. 519 (1991)
A History of Prima Facie Tort: The Origins of a General Theory of Intentional Tort, 19 Hofstra L. Rev. 447 (1990)
Reassessing the Hickenlooper Amendment, 29 Va. J. of Int'l L. 115 (1988)
Treaty Interpretation from a Negotiator's Perspective, 21 Vand. J. of Transnat'l L. 281 (1988)
The Bilateral Investment Treaty Program of the United States, 21 Cornell Int'l L.J. 201 (1988)
Organization and Administration: PAC Legal Considerations, in The PAC Handbook 192 (with William E. Sudow, Esq.) (K. Clair ed., Fraser/Associates, 1981)
The New Property of the Nineteenth Century: the Development of the Modern Concept of Property, 29 Buff. L. Rev. 325 (1980)
International Regulation of Fluorocarbons, 2 Harv. Envtl L. Rev. 474 (1978)
Rebalancing through Exceptions, Seventeenth Annual Business Law Fall Forum, Lewis & Clark Law School, Portland, OR (October 12, 2012)
Economic Crises and the National Security Exception, Conference on Global Governance, Oxford University, Oxford, England (June 28, 2012)
Model Bilateral Investment Treaties: The Way Forward, International Law Weekend West, International Law Association (American Branch), Southwestern University Law School, Los Angeles, CA (February 14, 2011)
Major Issues in International Investment Agreements, ASEAN Conference on Regional Economic Integration, Hotel Bali, Bali, Indonesia (November 14, 2007)
Current Issues in International Investment Agreements, UNCTAD International Experts Group Meeting, Palais des Nations, Geneva, Switzerland (June 14, 2007)
The Fair and Equitable Treatment Standard in International Law, OAS-UNCTAD Advanced Training Course on Managing Investment Disputes, Puebla, Mexico, Oct. 2006
The Impact of Investor-State Dispute Settlement on the APEC Region, APEC-UNCTAD Regional Seminar on Investor State Dispute Settlement, Mexico City, Mexico, Oct. 2006
Policy Coherence in International Investment Agreements, Presentation to UNCTAD Commission on Investment, Geneva, Switzerland, Mar. 2006
Policy Cohearnce in International Investment Agreements, Asian-Pacific Economic Cooperation (APEC) Conference, Tokyo, Japan, Sept. 2005
Keynote Speaker, Romancing the Foreign Investor: Bit-by-Bit, UC Davis, Mar. 2005
Expensing Isn’t the Only Option: Alternatives to the FASB’s Stock Option Expensing Proposal, 30 J. Corp. L 357 (2005) Download a PDF of the article.
Presenter, Intellectual Property Infringement in China: Recent Case Studies, Waseda University, Tokyo, Japan (July 17, 2012)
Presenter, Social Security Reform, UC San Diego’s Osher Institute, San Diego, CA (April 17, 2012)
Comparative Corporate Disclosure Standards for International Stock, Law & Economics Workshop, Waseda University Organization of Asian Studies, Tokyo, Japan (November 24, 2011)
U.S. Capital Market Response to Rule of Law Problems in China’s Accounting Regime, 10th International Conference of the Japan Economic Policy Association, Kwansei Gakuin University, Nishinomiya, Japan (November 20, 2011)
Sovereign Wealth Funds, Government Investment & Financing Social Welfare Programs, Special Conference of the Brazilian Control Bank, Thomas Jefferson School of Law, San Diego, CA (November 8, 2011)
Political Economy and the Rule of Law, 2011 International Conference on Chinese Rule of Law, Zhejiang University Guanghua Law School/Thomas Jefferson School of Law, Hangzhou, China (May 27, 2011)
Social Security Reform, 9th International Conference of the Japan Economic Policy Association, Waseda University, Tokyo, Japan (November 28, 2010)
The Political Economy of Government Investment, colloquium talk, National Graduate Institute for Policy Studies, Tokyo, Japan (December 2, 2009)
Government Investment & State Entrepreneurism, 8th International Conference of the Japan Economic Policy Association, Tokyo, Japan (November 28, 2009)
State Entrepreneurism, Canadian Law & Economics Association Meeting, University of Toronto, Toronto, Ontario, Canada (October 3, 2009)
The Marriage Contract in Fine Art, Twelfth Annual Conference for the Association of the Study of Law, Culture and the Humanities, Suffolk University Law School, Boston, MA, Apr. 3, 2009
Session Chair (moderator), Creating a United Sates Sovereign Wealth Fund, 7th International Conference of the Japan Economic Policy Association, Doshisha University, Kyoto, Japan (December 6, 2008)
Legal Writing Institute Writer’s Workshop, participant, July 2008
The Marriage Contract in Fine Art, Fourth International Contracts Conference, McGeorge School of Law, Sacramento, CA (February 8, 2008)
The Public Trust in Private Hands: Social Security and the Politics of Government Investment, 6th International Conference of the Japan Economic Policy Association, Hosei University, Tokyo, Japan (December 9, 2007)
Session Chair (Moderator): Law & Economics Session. 6th International Conference of the Japan Economic Policy Association, Hosei University, Tokyo, Japan, Dec. 2007
Technology in the Contracts Classroom: Ideas, Tools, and Questions, Third International Contracts Conference, South Texas College of Law, Houston, TX (February 24, 2007)
Teaching Contracts: Pedagogy of PowerPoint, Association of American Law Schools Poster Presentation, AALS Annual Meeting, Washington, D.C. (January 3, 2007)
Legal Research and the Google Generation (joint presentation with Professor Linda Keller), Legal Writing Institute, Georgia State University College of Law, Atlanta, GA (June 9, 2006)
PowerPoint Pedagogy, Spring Contracts Conference, Texas Wesleyan School of Law, Fort Worth, TX (February 24, 2006)
Moderator, Innovative Methods for Teaching Research, Writing, and Effective Communication Skills to ESL and EFL Students, John Marshall Law School’s Global Legal Studies Conference, Chicago, IL, May 2005
The Amistad Case, Law & Opera Salon, (March 15, 2004)
An Introduction to Property Law in the U.S. (2d ed. Semaphore Press 2018)
Antitrust Law: A Context and Practice Casebook (Carolina Academic Press 2015)
Articles, Book Chapters, And Article-Length Works
Assessing the Competitive Effects of Surcharging Payment Mechanisms, 26 U. Miami Bus. L. Rev. 29 (2018)
Partisan Gerrymandering: Is There No Shame in It or Have Politicians Become Shameless, 48 Memphis L. Rev. (forthcoming 2017)
Interpreting the Constitution's Elegant Specificities, 65 Buff. L. Rev. 547 (2017)
Settlement Without Consent: Assessing the Credit Card Merchant Fee Class Action, 2015 Colum. Bus. L. Rev. 186 (2015)
Worse Than the Tower of Babel?: Remedying Antitrust’s False Dichotomy Through De Novo Appellate Review, 5 Wm. & Mary Bus. L. Rev. 413 (2014)
Should the eBooks Case Presage the Decline of the Per Se and Market Share Doctrines , 35 T. Jefferson L. Rev. 15 (2013) (previously published in a slightly different form at CPI Antitrust Chronicle 1 (June 2012))
Assessing the Costs & Benefits of Credit Card Rewards: A Response to Who Gains and Who Loses from Credit Card Payments? Theory and Calibrations, 25 Consumer L. Rev. (2013)
Property’s End: Does Competition Policy Limit the Right of Publicity?, 43 Conn. L. Rev. 753 (2011)
Should Antitrust Condemn Tying Arrangements that Increase Price Without Restraining Competition: Responding to Einer Elhauge Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory, 123 Harv. L. Rev. F. 30 (2009)
Is the National Football League a ‘Single Entity’ Incapable of Conspiring Under the Sherman Act?: The Supreme Court Will Decide, 32 Th. Jefferson L. Rev. 1 (2009)
Credit Card Interchange Fees: Debunking Six Myths, 7 The ICFAI U. J. of Banking Law 8 (2009)
Are Professional Sports Leagues Single Entities Incapable of Conspiring in Violation of the Sherman Act?: The Supreme Court Ponders Whether to Decide the Issue in American Needle v. NFL, 5 GPC at http://www.globalcompetitionpolicy.org/index.php?&id=1704 &action=907 (May 2009)
The Economic Benefits of Credit Card Merchant Restraints: A Response to Adam Levitin, 56 U.C.L.A. L. Rev. Discourse 25 (2009)
The Antitrust Economics (and Law) of Surcharging Credit Card Transactions, 14 Stan. J.L. Bus. & Fin. 343 (2009)
The Reverse-Robin-Hood-Cross-Subsidy Hypothesis: Do Credit Card Systems Effectively Tax the Poor to Reward the Rich?, 40 Rutgers L.J. 419 (2009)
Sweet Land of Property?: The History, Symbols, Rhetoric, and Theory Behind the Ordering of the Rights to Liberty and Property in the Constitutional Lexicon, 60 S.C. L. Rev. 1 (2008)
Credit Card Interchange Fees: Debunking Six Myths,Banking and Financial Services Pol’y Rep. (2008)
Credit Card Interchange Fees: Three Decades of Antitrust Uncertainty, 14 Geo. Mason L Rev. 941 (2007)
Enforcing Fourth Amendment Rights Through Federal Habeas Corpus, 58 Rutgers L. Rev. 983 (2006) reprinted in Habeas Corpus Theory & Practice (ed. G. Chandana 2008) and reprinted in abridged form 34 Search & Seizure L. Rep. 49 (2007)
Two Theories of Habeas Corpus, 71 Brooklyn L. Rev. 1233 (2006)
Reconfirming Habeas Corpus (Published online on H-Law (January, 2004), http://www.h-net.org/reviews/showrev.php?id=8755), (reviewing Eric M Freedman, Habeas Corpus: Rethinking the Great Writ of Liberty (2001)), reprinted in 27 T. Jefferson L. Rev. 317 (2005)
A Reasoning Process Review Model for Federal Habeas Corpus, 94 J. Crim. L. & Criminology 897 (2004)
Forced Sharing, Efficiency, and Fairness: An Examination of the Essence of Antitrust, 52 Kan. L. Rev. 57 (2003)
Speta on Antitrust and Local Competition Under the Telecommunications Act: A Comment Respecting the Accommodation of Antitrust and Telecom Regulation, 71 Antitrust L.J. (2003)
An Essay on Property Rights in Milestone Homerun Baseballs, 56 So. Meth. U.L. Rev. 2281 (2003)
The Antitrust-Telecom Connection, 40 San Diego L. Rev. A. 555 (2003)
Regulating Information Platforms: The Convergence to Antitrust, 1 J. On Telecomm. & High Tech. L. 143 (2002)
Responsibility in Capital Sentencing, 39 San Diego L. Rev. 79 (2002)
From Blueprints to Baseball: A Survey of Current Baseball Stadium Financing Projects – San Diego, 34 Urban Lawyer 389 (2002)
Criminal Law: Substantive Criminal Law and Criminal Procedure, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, § 6.31.2.4 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net) (with Marjorie Cohn & Ruth B. Philips)
Telecommunications Law: The United States Model for Economic Regulation of Telecommunications Providers, in Encyclopedia of Life Support Systems, Social Sciences and Humanities: Law, § 6.31.2.9 (UNESCO-Eolss, 2002) (published online, http://www.eolss.net)
The Economics and Regulation of Credit Card Interchange Fees, The Willard InterContinental, Washington, DC, June 9, 2010
Credit Card Interchange Fees: Three Decades of Antitrust Uncertainty, Institute for Consumer Antitrust Studies, Loyola University, Chicago, IL, Apr. 14, 2007
Towards a More Coherent Doctrine of Trade Mark Genericism and Functionality: Focusing on Fair Competition, 27 Fordham Intell. Prop. Media & Ent. L.J. 691 (2017)
The Myth and Reality of Dilution, Duke L. & Tech. Rev. (2012)
The Thirteenth Amendment as a Model for Revolution, 35 Vt. L. Rev. 765 (2011)
Pharmaceutical Counterfeiting and the Puzzle of Remedies, 8 Wake Forest Intell. Prop. L.J. 433 (2008)
IP Remedies after Ebay: Assessing the Impact on Trademark Law, 2 Akron Intell. Prop. J. 163 (2008)
Confronting the Genericism Conundrum, 28 Cardozo L. Rev. 1789 (with Deven R. Desai, 2007)
Comstock Act (1873), in 1 Major Acts of Congress 166 (Brian K. Landsberg, ed. Macmillan Reference USA: Thomson/Gale 2004)
Race and Gender Discrimination: A Historical Case For Equal Treatment Under the Fourteenth Amendment, 1 Duke J. Gender L. & Pol'y 89 (1994)
Justice for All?, (reviewing Judith Resnik & Dennis Curtis, Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (2011)), 65 Vand. L. Rev. En Banc (reviewing Judith Resnik & Dennis Curtis, Representing Justice: Invention, Controversy, and Rights in City 217 (2012), available athttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2191310
Beyond the Rhetoric: What It Means to Lead in a Diverse and Unequal World, Joint Meeting of the Western Law Professors of Color (WLPOC) and the Conference of Asian Pacific American Law Faculty (CAPALF), William S. Boyd School of Law, University of Nevada-Las Vegas, Las Vegas, NV (October 20, 2018)
Roundtable on Affirmative Action and Asian Pacific Americans, Joint Meeting of the Western Law Professors of Color (WLPOC) and the Conference of Asian Pacific American Law Faculty (CAPALF), William S. Boyd School of Law, University of Nevada-Las Vegas, Las Vegas, NV (October 19, 2018)
Beyond the Rhetoric: What It Means to Lead in a Diverse and Unequal World, Panel on Unleashing Equality: #MeToo and Sex Harassment Law , Stanford Law School, Palo Alto, CA (May 10, 2018)
Commentary on "What We Know about Equal Employment Opportunity Law after Fifty Years of Trying" by Susan Bisom-Rapp, Gender Sidelining Symposium, California Western School of Law, San Diego, CA (April 27, 2018)
Leadership and Emotions in Challenging Times, Symposium on Advancing Leadership Development in the Legal Profession: Addressing Challenges in Legal Education and the Practice of Law, Santa Clara University School of Law, Santa Clara, CA (March 23, 2018)
Furthering Workplace Diversity After Fisher I & II, Joint Meeting of the Conference of Asian Pacific American Law Faculty (CAPALF) and the Northeast People of Color (NEPOC), Brooklyn Law School , Brooklyn, NY (June 3, 2017)
Furthering Workplace Diversity After Fisher I and II, Symposium on Race of the Races: Privilege, Exclusion, and Inequality among People of Color in the Law, UC Irvine School of Law, Irvine, CA (February 10, 2017)
Furthering Workplace Diversity After Fisher I and II, 17th Annual Women and the Law Conference and 15th Annual Ruth Bader Ginsburg Lecture on Pursuing Inclusion: Diversity in the Workplace, Thomas Jefferson School of Law , San Diego, CA (February 3, 2017)
Panel on Pay Inequity: A Significant Barrier to Gender Equality in the Legal Profession, 2016 National Asian Pacific American Bar Association (NAPABA) Convention, San Diego , CA (November 5, 2016)
Workplace Affirmative Action and Fisher II, Professor Orly Lobel’s Seminar on Work, Welfare, and Justice, University of San Diego School of Law, San Diego, CA (April 5, 2016)
Emotions at Work: The Employment Relationship During an Age of Anxiety, Section on Labor Relations and Employment Law, 2015 Association of American Law Schools Annual Meeting, Washington, DC (January 5, 2015)
The Implications of Fisher v. University of Texas on Workplace Affirmative Action, Title VII at 50 Symposium, hosted by St. John’s University School of Law and the NYU Center for Labor and Employment Law , New York, NY (April 4, 2014)
Reconceptualizing the Judge as Public Leader, 8th Annual Labor and Employment Law Colloquium, William S. Boyd School of Law, University of Nevada-Las Vegas , Las Vegas, NV (September 27, 2013)
Judging Judges: Empathy as the Litmus Test for Impartiality, Prof. Orly Lobel’s Seminar on Work, Welfare, and Justice, University of San Diego School of Law , San Diego, CA (February 14, 2013)
Panelist, Q&A with The Honorable Ruth Bader Ginsburg, 13th Annual Women and the Law Conference, Thomas Jefferson School of Law, San Diego, CA (February 8, 2013)
Judging Judges: Empathy as the Litmus Test for Impartiality, Annual Meeting of the Conference of Asian Pacific American Law Faculty, UC Hastings College of Law, San Francisco, CA (February 2, 2013)
On Judicial Leadership, Seventh Annual Labor and Employment Law Colloquium, hosted by Northwestern University School of Law and Loyola University Chicago School of Law, Chicago, IL (September 15, 2012)
On Judicial Leadership, Law and Society Association's Annual Meeting, Honolulu, HI (June 8, 2012)
Employment Discrimination in a Diverse Population: An Important Exception to At-Will Employment, Legal Business Conference , San Diego French-American Chamber of Commerce and Thomas Jefferson School of Law, San Diego, CA (April 18, 2012)
Moderator, Panel on Good Faith, 7th International Contracts Conference, Thomas Jefferson School of Law, San Diego, CA (March 3, 2012)
Judging and Empathy: Sixth Annual Labor and Employment Law Colloquium, hosted by Loyola Law School, Southwestern Law School, and UCLA School of Law (September 16, 2011)
Judging and Empathy: Law and Society Association’s Annual Meeting, San Francisco, CA (June 4, 2011)
Implementing Grutter’s Diversity Rationale: Diversity and Empathy in Leadership: Prof. Orly Lobel’s Seminar on Work, Welfare, and Justice, University of San Diego School of Law (March 8, 2011)
Judging and Empathy: Conference of Asian Pacific American Law Faculty/Western Law Teachers of Color, University of Hawaii Richardson School of Law (December 12, 2010)
Diversity and Empathy in Leadership: Law and Society Association’s Annual Meeting, Chicago, IL (May 30, 2010)
Diversity and Empathy in Leadership: Fourth Annual Critical Race Studies Symposium, UCLA School of Law and co-sponsored by Thomas Jefferson School of Law’s Women and the Law Project (March 11, 2010)
Diversity and Empathy in Leadership: Conference of Asian Pacific American Law Faculty/Western Law Teachers of Color, University of Arizona James E. Rogers College of Law (March 5, 2010)
Diversity and Empathy in Leadership: Fourth Annual Labor and Employment Law Colloquium, Seton Hall University School of Law (September 25, 2009)
Core Diversity: Law and Society Association’s Annual Meeting, Denver, CO (May 28, 2009)
Core Diversity: Third Annual Labor and Employment Law Colloquium, hosted by Thomas Jefferson School of Law, California Western School of Law, and the University of San Diego School of Law (October 24, 2008)
