USC Gould Search

Faculty in the News

2017-2018 Academic Year


  • Andrew T. Guzman

    U.S. News & World Report

    August 14, 2017

    Re: Andrew T. Guzman

    Dean Andrew Guzman was mentioned for joining deans of other law schools in a statement to the American Bar Association asserting that the GRE serves as a valid and reliable alternative assessment to the LSAT.

  • Jody David Armour

    Fox News Los Angeles affiliate KTTV-TV

    August 14, 2017

    Re: Jody David Armour

    Jody Armour was interviewed about the difference between freedom of speech and expression and advocating for hate. "How do we vindicate the value of freedom of expression that we hold dear?" Armour questioned. "At the same time we try to minimize words that wound or symbolic expression that wound."

  • Susan Estrich

    The Columbian

    August 13, 2017

    Re: Susan Estrich

    Susan Estrich wrote an op-ed about the importance of free speech on college campuses for both students and faculty. "[Our Founding Fathers] knew the danger of punishing speech because you disagree with it. They understood that the answer to speech that is wrong, wrongheaded, hateful or unpatriotic (not to mention unscientific) is not less speech but more speech; not censorship but an open market of ideas; not dictatorship but democracy," Estrich wrote.

  • Robert K. Rasmussen

    Slate

    August 11, 2017

    Re: Robert K. Rasmussen

    Robert Rasmussen was quoted on how the bankruptcy filing by air bag manufacturer Takata could put future victims at risk because the company and car manufacturers will no longer be liable for injuries. The carmakers have positioned themselves to control Takata’s bankruptcy by persuading the disgraced supplier to let them finance the process with money they already owe Takata for air bags Takata gave them on credit. Rasmussen said it’s a novel approach to funding a recall that will last several years at the least. “It’s good if you believe what Takata says,” he said, “and I have no reason not to.”

  • Edward Kleinbard

    Bloomberg

    August 10, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was quoted about an existing tax loophole that allows companies with certain ownership structures - like those managed by President Donald Trump's personal business - to choose to be taxed as an "s corporation," or pass-through structure to avoid paying personal taxes on profits. “The S corporation loophole survives because there are successful car dealers, insurance agencies, and other pillars of the local establishment in every congressional district whose owners employ it,” said Kleinbard.

  • Lisa Klerman

    NBC News

    August 9, 2017

    Re: Lisa Klerman

    Lisa Klerman was quoted on what critiques employees can make about their employer without putting his or her job in jeopardy. “But employees are allowed to talk about working conditions, employment terms, and criticize their employers' practices,” said Lisa Klerman. “That's, of course, as long as they're not airing those grievances in a damaging way, such as graffiti on company property.”

  • Rebecca Lonergan

    Talking Points Memo

    August 9, 2017

    Re: Rebecca Lonergan

    Rebecca Lonergan was quoted on special counsel Robert Mueller's probe into President Donald Trump's finances and how charges related to them could be easier to present and prove in court than those having to do with classified information. “I’ve done this in espionage cases where there were sources and methods I couldn’t reveal,” said Lonergan. “What I did is I charged financial crimes and showed that somebody who I knew was a spy for another country had $5 million in unexplained income and never paid taxes on it, and that income came from China. Do I reveal what they did for China and our sources and methods and how we know that? No. And I avoid that by the money. You got money, you didn’t pay taxes on it.”

  • Susan Estrich

    Odessa American

    August 9, 2017

    Re: Susan Estrich

    Susan Estrich published a commentary about the recent director of communications for the White House. “He lost his job before he even started, which comes as no surprise to anyone who has spent any time working in Washington,” Estrich said. “Which, of course, the president’s choice for communications director had not.”

  • Elyn Saks

    Politico

    August 9, 2017

    Re: Elyn Saks

    Elyn Saks published an op-ed about the debate around patient consent for medication and treatment of mental illness. Saks argues that by giving patients the option to refuse treatment or medication, or have input on the strategy, they are more likely to adhere to the prescribed regimen. Saks and her colleagues are developing a new test to determine if a patient is competent enough to refuse care. "The bottom line is that instead of designing new ways to force medication on patients, we need to put our efforts into finding new ways to help people want treatment so we don’t have to use force," Saks wrote.

  • David B. Cruz

    Vice

    August 9, 2017

    Re: David B. Cruz

    David Cruz was quoted about whether a recent case filed challenging President Donald Trump’s ban on transgender service members can be successfully litigated without an official military policy in place. “The Department of Defense has not converted Trump’s tweets into even a proposed regulation so far as I know,” Cruz explained, “so courts might find it premature to opine on what the Department may legally do with respect to transgender service members.”

  • Andrew T. Guzman

    Insider Higher Ed

    August 8, 2017

    Re: Andrew T. Guzman

    A letter signed by Dean Andrew Guzman and other law school deans around the country questioning the importance of standardized tests in law school admissions requirements was cited. "The requirement of a standardized admissions test negatively impacts efforts to diversify the profession," the letter states. "The many law schools attentive to rankings by U.S. News routinely wait-list or deny admission to students who the school believes can succeed in the educational program and pass the bar exam. In fact, many of these students’ admission test scores are -- in predictive terms -- indistinguishable from applicants who are admitted. And many of these students are diverse along any measurement of diversity. But the heavy weight put on these test scores by U.S. News inhibits the ability to admit these students for fear of harming the law school’s rankings."

  • Edward Kleinbard

    Los Angeles Times

    August 8, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was interviewed about how the American government could completely avoid its debt ceiling crisis. “It would be great to use the debt ceiling to obtain leverage on cutting spending to the poor, principally Medicaid,” Kleinbard said, “there’s every reason to believe that he continues internally to lobby for that. His sympathies are widely known.”

  • Edward Kleinbard

    The Washington Post

    August 8, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was cited for his New York Times op-ed on why the upcoming debt ceiling debate may result in the United States defaulting on its financial obligations.

  • Edward Kleinbard

    Bloomberg

    August 8, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was cited for his New York Times op-ed on why the upcoming debt ceiling debate may result in the United States defaulting on its financial obligations.

  • Edward Kleinbard

    Washington Monthly

    August 7, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was cited for his New York Times op-ed on why the upcoming debt ceiling debate may result in the United States defaulting on its financial obligations.

  • Lisa Klerman

    The New York Times

    August 7, 2017

    Re: Lisa Klerman

    Lisa Klerman was quoted about the wide margin employers are afforded when assigning layoffs and whether age discrimination suits are successful in court. “Employers have a great deal of freedom to decide how layoffs occur,” said Klerman. “Mediators or judges can look at a list of criteria, including safety records, attendance, leadership, communication and interpersonal skills, that the company lists as factors it uses to evaluate workers.”

  • Edward Kleinbard

    The New York Times

    August 7, 2017

    Re: Edward Kleinbard

    Edward Kleinbard published an op-ed on why the upcoming debt ceiling debate may result in the United States defaulting on its financial obligations. “The differing views in the president's administration, the Freedom Caucus and changing perspectives on the gravity of default are factors in this year's debate,” said Kleinbard. "Like an impending execution, [the debt ceiling crisis] should concentrate our minds — now, while something can still be done.” The op-ed was cited by numerous media, including The Washington Post, Bloomberg, and Washington Monthly.

  • Martin Levine

    The Independent (UK)

    August 4, 2017

    Re: Martin Levine

    Martin Levine was quoted on why lie detector tests are unreliable. "Someone who lies without any sense of guilt can pass a lie detector with flying colours. And someone who takes simple countermeasures may defeat the test," said Levine. "On the other hand, someone who fears he has been falsely accused of a specific action may flunk a lie detector test even though he is actually innocent."

  • Daria Roithmayr

    Refinery29

    August 3, 2017

    Re: Daria Roithmayr

    Daria Roithmayr was quoted on U.S. Supreme Court decisions regarding race and affirmative action. "The Supreme Court’s decisions have limited the use of race in certain ways," said Roithmayr. "For example, an applicant cannot be automatically awarded a certain number of admissions 'points' because she is a person of color."

  • Edward Kleinbard

    PolitiFact

    August 3, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was quoted on the effectiveness of a tax holiday on increasing corporate spending within the United States. “It’s plausible that people have accelerated their gamesmanship in the anticipation that in tax reform there will be another tax holiday, Kleinbard said. “But it’s not plausible to think the number could be as high as the 2 trillion-dollar difference between the data and what the president said.”

  • Gillian Hadfield

    Reputation Magazine

    July 31, 2017

    Re: Gillian Hadfield

    Gillian Hadfield was quoted in a conference discussing the ramifications of the outsourcing revolution, and the implications for contracting and relationships between firms. Contributions from the banking, automotive, retail and IT sectors made clear that cultures and concern for reputation sit at the heart of these relationships. "I was very interested in hearing from the people talking about global supply chains and the comparison between the rule of law and the rule of values and the ways in which cultures and values helped to coordinate the willingness to move forward in an uncertain, complex environment," Hadfield explained.

  • USC Gould School of Law

    Politico

    July 28, 2017

    Re: Seth Stodder

    Seth Stodder was quoted about the void left in the Department of Homeland Security’s staff after John Kelly’s move to White House chief of staff. “It would be one hell of a confirmation hearing [Kris Kobach is selected],” Stodder said, adding that he would be a “radioactive pick. He further stated he would probably oppose the nomination himself, “I just can’t imagine that happening.”

  • Susan Estrich

    The Laconia Daily Sun

    July 28, 2017

    Re: Susan Estrich

    Susan Estrich published an op-ed about President Donald Trump's leadership style. “The luckiest man on the globe is a pathological narcissist,” Estrich said. “He just can't stop himself. Whine, whine, whine: If one of your kids behaved that way, you'd tell them to contain it, that not every thought that came into his or her head was worth sharing with the whole carpool, much less with the whole world.”

  • David B. Cruz

    Vice

    July 27, 2017

    Re: David B. Cruz

    David Cruz was quoted on how President Donald Trump's Dept. of Justice is contradicting the Equal Employment Opportunity Commission under Title VII by claiming LGBTQ workers are not protected by civil rights law. “Ordinarily, one might think that a filing on behalf of the United States might be viewed more seriously due to the moral authority of the federal government. Here, however, it’s unclear whether or not that will be the case,” Cruz said. “This administration is unprecedented in its efforts to curtail rights and the scandals it’s been confronting from the outset. It is not clear that the U.S. government can lay claim to much moral authority these days.”

  • Susan Estrich

    Odessa American

    July 27, 2017

    Re: Susan Estrich

    Susan Estrich published a commentary on current dynamics between the president and his attorney general. “If there is one thing that has been consistent about Donald Trump, it’s his determination to shut down the investigation of his, his campaign’s and now his family’s connections with all things Russia, including its government’s assistance in subverting this nation’s democracy,” Estrich said. “How could Jeff Sessions not have understood that he was being put into place to shut down an investigation that had already taken on a life of its own?”

  • Niels W. Frenzen

    LA Weekly

    July 26, 2017

    Re: Niels W. Frenzen

    Niels W. Frenzen was quoted on the legal repercussions if someone refuses to cooperate with border control check points. "You can be briefly seized," said Frenzen. "The question is, is it unreasonable? The longer you're held, the more likely it will be determined by a judge to be unreasonable."

  • Michael Chasalow

    Ars Technica

    July 26, 2017

    Re: Michael Chasalow

    Michael Chasalow was quoted about a legal dispute over the ownership of fact-checking site Snopes.com. "Of course the underlying issue is whether the sale resulted in five individual owners or ownership by Proper Media," he e-mailed. “It seems most likely that Proper Media assumed that the individual owners would act in Proper Media’s interest, but it is not clear whether the five individuals had contractual obligations to do so. If the sale resulted in five owners who were not bound by contract to act in a certain way, then any one of the owners would, in theory, be free to act individually, with Mikkelson. On the other hand, the five individual owners could have contractually agreed to vote for a certain director or directors (for example the president of Proper Media), but such a provision would need to be clearly articulated along with consequences for not following such a provision."

  • Edward Kleinbard

    The Washington Post

    July 26, 2017

    Re: Edward Kleinbard

    Edward Kleinbard was quoted on an alternate proposal to tax capital gains. “The economic argument against taxing capital is less and less persuasive,” Kleinbard said, “as the economy becomes more unequal and more rich Americans drawn on inherited wealth rather than the fruits of their own thrift and labor.”

  • Brian Peck

    KFI-AM

    July 24, 2017

    Re: Brian Peck

    Brian Peck was interviewed about international trade and the availability of American-made products to provide context during President Donald Trump's "Made in America"-themed week.

  • Michael Chasalow

    Los Angeles Time

    July 24, 2017

    Re: Michael Chasalow

    Michael Chasalow was quoted about a legal dispute over the ownership of the fact-checking site Snopes.com. “The question is going to turn on the sale documents between the (ex)-wife and the individuals,” said Chasalow. “Did (Barbara) sell or attempt to sell five pieces of the one share or did she sell one piece to five people?”

  • Gregory Keating

    The San Diego Union-Tribune

    July 23, 2017

    Re: Gregory Keating

    Gregory Keating was quoted on the likely success of a group of lawsuits that alleges the world's largest oil companies should pay for damages caused by rising sea levels. “The defendants can say, ‘Look, we may have emitted a bunch of (carbon dioxide), but if the only CO2 in the world were ours, there’d be no global climate change, so we’re not a substantial factor,’” said Keating.

  • Sam Erman

    ABC News Los Angeles affiliate KABC-TV

    July 21, 2017

    Re: Sam Erman

    Sam Erman was interviewed about the pardon power of the American president and its relation to the U.S. constitution. Sam Erman was interviewed about the pardon power of the American president and its relation to the U.S. constitution. " A pardon is essentially an act the president does, that says you won't be prosecuted for a certain set of crimes. Or, you've already been convicted and will be as if that conviction never happened," said Erman.

  • USC Gould School of Law

    Hyperallergic

    July 20, 2017

    Re: USC Gould School of Law

    Charles Cronin was quoted about the implications of a court case arguing for artifacts to be turned over as payment for damages from terror attacks. “It’s a very slippery and dangerous slope,” said Cronin. If the case is decided for the plaintiffs, he said, anybody claiming to be harmed or terrorized by a terrorist group or regime could go after artifacts in other US museums. “You can extrapolate from this case and say, ‘My goodness! This could become quite widespread!’”

  • John Matsusaka

    Bloomberg BNA

    July 19, 2017

    Re: John Matsusaka

    John Matsusaka, director of the Initiative and Referendum Institute, was quoted on the effectiveness of ballot measures for enacting conceptual issues compared to regulatory issues. “In my mind, ballot propositions are good for conceptual issues—do you want to limit your property taxes, or do you want to have the death penalty or not,” Matsusaka said. “I don’t think it’s good for detailed regulatory structures.”

  • Gregory Keating

    San Diego Tribune

    July 17, 2017

    Re: Gregory Keating

    Gregory Keating was quoted about a lawsuit alleging 37 oil and gas companies are responsible for the sea level rise in certain California coastal counties. “I don’t think this is crazy, but it’s a long shot,” said Keating. “The hard thing is these defendants don’t just directly emit the fossil fuel into the atmosphere. They do things like sell gasoline to people who drive automobiles and put emissions into the air that way.”

  • USC Gould School of Law

    Billboard

    July 17, 2017

    Re: USC Gould School of Law

    USC Gould School of law was highlighted as one of the top schools in the country to study music law. The list noted Gould's Media, Entertainment & Technology Law program added a music law course to its curriculum this past year. The story also noted USC's law school hosts the annual USC Institute on Entertainment Law & Business.

  • Michael Chasalow

    San Francisco Chronicle

    July 13, 2017

    Re: Michael Chasalow

    Michael Chasalow was interviewed about the likelihood of creditors filing claims to the U.S. assets of struggling Chinese technology company LeEco. “It’s not going to be clear who is first in line and who might get paid first. It might not even be Vizio,” Chasalow said. “What is clear is that LeEco is really struggling right now.”

  • Rebecca Brown

    LA Weekly

    July 13, 2017

    Re: Rebecca Brown

    Rebecca Brown was quoted on the chances that a recently filed article of impeachment will move forward against President Trump. "It takes a majority of the House to approve articles of impeachment, and two-thirds of the Senate," Brown said. "You can see from those numbers it's unlikely. We haven't seen any indication of Republican support for this yet."

  • Jean Reisz

    Voice of America

    July 13, 2017

    Re: Jean Reisz

    Jean Reisz was quoted on legal challenges to several of President Trump's executive orders regarding sanctuary cities. "The Trump order to bar funding to sanctuary cities is one of three executive orders that have been temporarily blocked or rolled back by the courts. This may be a pattern," said Reisz

  • Sam Erman

    KNX-AM

    July 12, 2017

    Re: Sam Erman

    Sam Erman was interviewed on an effort to begin filing articles of impeachment against President Trump.

  • Jonathan Barnett

    Forbes

    July 12, 2017

    Re: Jonathan Barnett

    Jonathan Barnett and a colleague published an op-ed on a recent U.S. Supreme Court decision that favors older, more formal patent law over current innovation economy realities. "The Court’s formalistic reasoning stands far removed from the transactional intricacies of 21st-century technology markets," they wrote.

  • Susan Estrich

    Odesa American

    July 7, 2017

    Re: Susan Estrich

    Susan Estrich published a commentary about bringing civility back to politics. “Sen. Susan Collins is right,” Estrich affirmed. “After President Donald Trump’s vulgar tweet Thursday morning that TV and radio host Mika Brzezinski (‘ow I.Q. crazy Mika,’ according to Trump) was ‘bleeding badly from a face lift’ while staying at Mar-a-Lago, the Republican Senator from Maine said, ‘This has to stop. We don’t have to get along, but we must show respect and civility.’”

  • Susan Estrich

    Laconia Daily Sun

    July 7, 2017

    Re: Susan Estrich

    Susan Estrich published an op-ed on the American dream in California. “In the 27 years I've lived here, California has become more like the rest of America, or rather, the rest of America has become more like California: diverse, multicultural, entrepreneurial, environmentally conscious,” Estrich detailed.

  • Susan Seager

    The Wrap

    July 6, 2017

    Re: Susan Seager

    Susan Seager moderated a panel discussion on the First Amendment. Subjects explored include The White House assault on journalists, the prospect of changing our libel laws, as Trump has mentioned, the limits of free speech in the digital age, Peter Thiel and the Gawker case, fake news and the consequences it has wrought.

  • Omar Noureldin

    CNN

    July 5, 2017

    Re: Omar Noureldin

    CNN interviewed Omar Noureldin about Saudi Arabia's hegemonic goals in the region and how its blame on Qatar for supporting terrorist groups is a way to deflect from itself. "This is really a regional dispute," he said. "Saudi has never been happy with Qatar punching above its weight class so to speak. Saudi Arabia wants to be the regional hegemon."

  • Susan Estrich

    Odesa American

    July 5, 2017

    Re: Susan Estrich

    Susan Estrich published commentary about the impact of the Senate's proposed health care bill. “The message of the Republican health care bill is clear,” said Estrich. “You have nothing to worry about — as long as you can be sure that you will always be well. And you must be employed by a company large enough and successful enough to provide health insurance, just in case somebody in the family trips and falls, or needs their appendix out, or worse.”

  • Sam Erman

    The Hill

    July 2, 2017

    Re: Sam Erman

    Sam Erman was quoted in a story on why it is likely U.S. Supreme Court Chief Justice John Roberts likely developed the compromise the Supreme Court handed down in its decision to review President Donald Trump's travel ban. “It had a split the baby feel to it and when the court has wanted to project some amount of unity or consensus it’s done so by ruling in these small ball ways,” said Erman.“Roberts has said he wants more consensus on the court. We know he’s trying to move the court in that direction.”

  • Elyn Saks

    The Huffington Post

    July 1, 2017

    Re: Elyn Saks

    Elyn Saks was quoted about the importance of mental health considerations as civil rights issues. “As former Congressman Patrick Kennedy has said, mental health is today’s civil rights issue. A right to treatment will give consumers of mental health treatment the resources to thrive. And a right to have an active role in decision making will give consumers of mental health treatment a voice in their own care and will respect their dignity and autonomy. Both rights are extremely important," said Saks.

FACULTY IN THE NEWS

U.S. News & World Report
August 14, 2017
Re: Andrew T. Guzman

Dean Andrew Guzman was mentioned for joining deans of other law schools in a statement to the American Bar Association asserting that the GRE serves as a valid and reliable alternative assessment to the LSAT.

RECENT SCHOLARSHIP

Daniel Klerman
June, 2017

“Economics of Legal History.” In The Oxford Handbook of Law and Economics, Vol. 3: Public Law and Legal Institutions, edited by Francesco Parisi. New York: Oxford University Press, 2017.

Edward McCaffery
June, 2017

“Taxing Wealth Seriously.” Tax Law Review 70 (2017): 305.

Edward Kleinbard
June, 2017

“Reinventing Business Taxation: The Dual Business Enterprise Income Tax,” posted to SSRN.