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Kevin Marshall

Kevin Marshall

Main: (909) 460-2030

Professor Kevin S. Marshall teaches Contracts, Sales, Remedies, Corporate Finance, Nonprofit Law and Governance, and Law & Economics. Dr. Marshall also serves as a Lecturer at the University of La Verne College of Business and Public Management where he teaches courses in economics, finance, public policy, and quantitative and qualitative research techniques.

He received the degree of Bachelor of Arts, cum laude, Phi Beta Kappa, with a major in Economics from Knox College in May 1982, and was conferred the degree of Juris Doctorate from Emory University in May 1985. Dr. Marshall practiced law in Dallas, Texas for approximately twenty years in the areas of state/federal civil procedure and commercial litigation, as well as domestic and international competition law. In May 1991, he received the degree of Master of Public Affairs from the University of Texas at Dallas. Upon completion of his doctoral dissertation titled Administered Protection: The Political Economy of U.S. Countervailing and Antidumping Laws, Professor Marshall was awarded a Ph.D. in Political Economy from the University of Texas, Dallas in December of 1993.

Dr. Marshall is certified in Quantitative Methods and Economic Analysis by the University of Texas at Dallas’ School of Social Sciences for his academic achievement and coursework in Descriptive and Inferential Statistics, Costs-Benefits Analysis, Social Science Research Methods, Regression Analysis, Advanced Regression Analysis, and Econometrics. Dr. Marshall is also a practicing economist and has served throughout the past 20 years as a consulting and testifying economic expert in state and federal courts throughout the United States with respect to cases involving economic issues in Robinson-Patman, antitrust, misappropriation of trade secrets, commercial, breach of contract, class-action fairness hearings, wrongful termination, employment discrimination, personal injury, and wrongful death.

Dr. Marshall has published and presented numerous books and articles involving the interdisciplinary workings of law and economics. Dr. Marshall’s published work has been cited by both state and federal appellate courts, as well as by numerous other published works and secondary sources.

Educational Background

  • University of Texas, Dallas, TX
    PH.D., Doctor of Philosophy in Political Economy, December, 1993. (4.0 GPA)
    Dissertation Topic: Administered Protection: The Political Economy of U.S. Countervailing Duty and Antidumping Regulation.
  • Certified in Quantitative Methods and Economic Analysis by the University of Texas at Dallas for academic achievement in the graduate study and application of descriptive and inferential statistics, research design and methods, regression analysis, advanced regression analysis, econometrics and cost-benefits analysis.
  • Graduate Level Econometrics–Graduate Assistant, Fall 1991.
  • M.P.A., Masters Degree in Public Affairs, May 1991 (4.0 GPA)
  • Emory University School of Law, Atlanta, GA
    J.D. 1985
  • Knox College, Galesburg, IL
    B.A. Economics, 1982
    Cum Laude
    Phi Beta Kappa
    Mortarboard – President
  • London School of Economics, London, England Selected to participate in a program of study sponsored by the Institute for the International Education of Students focusing on the various economic and political structures of Western Europe, 1980.

Publications

Books

  • Principles of Contract Law, with Juanda Lowder Daniel, 3rd Edition (2013)
  • Principles of Contract Law, with Juanda Lowder Daniel, 2nd Edition (2012)
  • Principles of Contract Law: Supplemental Readings and Exercises, with Juanda Lowder Daniel, Vandelplas Publishing (2010).
  • Principles of Contract Law, with Juanda Lowder Daniel, Vandeplas Publishing (2010).
  • The Economics of Antitrust Injury and Firm-Specific Damages, (Kevin S. Marshall, ed.) Lawyers & Judges Publishing Company, Inc., 2007.
  • Administered Protection—The Political Economy of U.S. Countervailing Duty and Antidumping Legislation, Vandeplaus Publishing, 2006.
  • Measuring Loss in Catastrophic Injury Cases, (Kevin S. Marshall & Thomas R. Ireland, eds), Lawyers & Judges Publishing Company, Inc. 2006.
  • The Economics of Innovation: A Survey July 2002, (with P. Nelson, S. Gurrea, G. Hurdle, D. Smith, R. Stoner, and D. Williams), ABA Publishing, 2002.

    Chapters in Books

  • “The Tension Between Jurisprudential Economics and Microeconomics,” The Economics of Antitrust Injury and Firm-Specific Damages, Chapter 7, (Kevin S. Marshall, ed.) Lawyers & Judges Publishing Company, Inc., (2007).
  • “The Economics of Competitive Injury,” The Economics of Antitrust Injury and Firm-Specific Damages, Chapter 1, (Kevin S. Marshall, ed.) Lawyers & Judges Publishing Company, Inc., (2007).
  • “Teaching Antitrust: In Search of an Optimal Interdisciplinary Approach,” The Economics of Antitrust Injury and Firm-Specific Damages, Preface (Kevin S. Marshall, ed.) Lawyers & Judges Publishing Company, Inc., (2007).
  • “Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence,” (with Patrick Fitzgerald), Civil Rights Litigation and Attorneys Fees Annual Handbook, Chapter 15, (Steven Saltzman, ed.) Thomson-West (2006).
  • “Preface,” Measuring Loss in Catastrophic Injury Cases, (K. Marshall & T. Ireland, eds.) Lawyers and Judges Publishing Company, Inc. (2006).
  • “The Interdisciplinary Nature of Measuring Loss in Catastrophic Injury Cases,” Measuring Loss in Catastrophic Injury Cases, Chapter 1 (K. Marshall & T. Ireland, eds.) Lawyers and Judges Publishing Company, Inc. (2006).
  • “Structured Settlements: Advantages, Disadvantages and Developments,” with Patrick W. Fitzgerald, Measuring Loss in Catastrophic Injury Cases, Chapter 8 (K. Marshall & T. Ireland, eds.) Lawyers and Judges Publishing Company, Inc. (2006).

    Journal Articles

  • “Creating and Maintaining Innovative Space–A Framework for Unraveling the Complexities of Entrepreneurial Systems”—JOURNAL OF COMPLEXITY, GOVERNANCE & NETWORKS (published by Baltzer Science Publishers—peer reviewed) forthcoming 2014.
  • “Free Enterprise and the Enterprising Power of Freedom (Fee Enterprise’s Freedom Principle”—Journal of Law Business & Ethics (published by the Pacific Southwest Academy of Legal Studies in Business—peer reviewed) forthcoming 2014.
  • “The Habit Evidence Rule and its Misguided Judicial Legacy: A Statistical and Psychological Analysis,” with Kathy Garcia and Irving Prager, 36 LAW & PSYCHOL REV. 1 (2012)
  • “Linear Systems: The Re-Invention of an Organization—The Digital Imaging Future,” with Issam Ghazzwi, THE JOURNAL OF THE INTERNATIONAL ACADEMY FOR CASE STUDIES, JIACS Vol 17(3), 2011 (Peer Reviewed)
  • Linear Systems: The Re-Invention of an Organization—The Digital Imaging Future,” with Issam Ghazzwi-Instructors’ Manual, THE JOURNAL OF THE INTERNATIONAL ACADEMY FOR CASE STUDIES, JIACS Vol 17(4) 2011) (Peer Reviewed).
  • “Free Enterprise and the Rule of Law—The Political Economy of Executive Discretion, 1 WILLIAM & MARY BUS. L. REV. 235 (April 2010)
  • “The Unfair Trade Practice of Hiring Illegal Alien Workers—Winner of the Pacific Southwest Academy of Legal Studies in Business 2008 Double-Blind-Peer-Reviewed Best Paper Award—11 U. PA. J. BUS. LAW 49 (Fall, 2008).
  • “Why Rates Vary Among Different Debt Securities, A Technical Note,” with Mariam Margaryan, THE EARNINGS ANALYST, Vol. X (Spring 2008) (Peer Reviewed).
  • “Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution–An Analysis from a Constitutional, Ethical and Economic Perspective,” with Professor Charles Doskow, 24 T. M. COOLEY L. REV. 195 (Trinity Term 2007).
  • “Calculating the Present Value of an Ordinary Annuity, A Technical Note,” with Mariam Margaryan, THE EARNINGS ANALYST, Vol. IX (Spring 2007) (Peer Reviewed).
  • “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” with Professor Juanda Daniel – Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007).
  • “The Economics of Competitive Injury,”45 BRANDEIS L. J. 345 (Winter 2007).
  • “Tort Reform and Class Action Litigation In the States: A Review of State Law Modifications and the Recent Avery v. State Farm. Mut. Auto. Ins. Co.: Implications for Determining Damages and Public Policy,” (with Patrick Fitzgerald and Ashley Lipson), CONFLICT RESOLUTION & NEGOTIATION JOURNAL, Volume 2007, Issue 1, Franklin Publishing (Peer Reviewed).
  • “Product Disparagement under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics,” 46 SANTA CLARA L. REV 231 (Spring 2006).
  • “Geographic Competition and Collusion in Duopoly,” (with Charles H. Steen), HASTINGS BUS. L. J. 203 (Winter 2006).
  • “The Collateral Source Rule and Its Abolition—An Economic Perspective,” (with Patrick Fitzgerald), 15 KAN. J. L. & PUB. POL’Y 57 (Fall 2005).
  • “Teaching Antitrust—In Search of an Optimal Interdisciplinary Approach,” The Law Teacher, Gonzaga University, Spring 2005.
  • “Advantages and Disadvantages of Structured Settlements, From the Claimant’s Perspective, and Recent Legislative Developments,” (with Patrick Fitzgerald), The Earnings Analyst, Journal of the American Rehabilitation Economics Association, Volume VII, Spring 2005 (Peer Reviewed).
  • “Examination of Prior Expert Qualification and/or Disqualification—(Questionable Questions Under the Rules of Evidence),” (with Irving Prager) 24 REV. LITIG. 559 (Summer 2005).
  • “Punitive Damages and the Supreme Court’s Reasonable Relationship Test—Ignoring the Economics of Deterrence,” (with Patrick Fitzgerald), 19 ST. JOHN’S J. LEGAL COMMENT. 237 (Winter/Spring 2005.
  • “What’s New For Mutual Funds Managers After The Ethical Fiascos Of 2003? A Look At Likely Legislation And Industry Changes,” Patrick W. Fitzgerald, Kevin Marshall, Jacque Bergman, Michele Teeple, Zoljargal Dashnyamm, Zephanie Zimpleman, and Syarifuddin Kisanaga, Proceedings of Southern Academy of Legal Studies in Business, Fall 2004.
  • “Law, Economics and Science: The Interdisciplinary Nature of Measuring Loss in Catastrophic Injury Cases”, The Earnings Analyst, Journal of the American Rehabilitation Economics Association, Volume VI, Summer 2004 (Peer Reviewed).
  • “Discounting Practices in the Forensic Sciences—Untangling the Methodological Distinctions”, The Earnings Analyst, Journal of the American Rehabilitation Economics Association, Volume V, Spring 2003 (Peer Reviewed).
  • “Statistics and the Law, Proving A Case for Lost Profits”, (with Kurt J. Beron), 2 TEX.WESLEYAN L. REV. 467 (Spring 1996).

    Editorials/Commentary/Book Reviews

  • “For a real recovery, end government intervention,” Inland Valley Daily Bulletin, Sunday, September 20, 2009 (Op-ed) B1.
  • “For a real recovery, end government intervention,” dailybulletin.com, (http://www.dailybulletin.com/search/ci_133379642?IADDID=Search–www.dailybulletin.com.)
  • “Let the Market Self-Correct, Government bailouts only interfere with free enterprise,” The Press Enterprise, Sunday, October 19, 2008 (Op-ed).
  • “Let the Market Self-Correct,” PE.Com, Saturday, October 18, 2008 (http://www.pe.com/localnews/opinion/localviews/storeis/PE_OpEd_Opinion_S_op_1019…10/23/2008.)
    Book Review: Armies of the Young: Child Soldiers in War and Terrorism, David M. Rosen (New Brunswick: Rutgers University Press, 2005), 29 U. LA VERNE L. REV. 173 (2008).
  • “Take Hold, And Just Try, Try Real Hard,” ABA Journal E-Report, 4 No. 25 ABAJEREP 8 (June 24, 2005).
  • “Tort Reform Restricts Free-market Forces,” Inland Valley Daily Bulletin, Sunday, February 6, 2005, A13 (Op-ed).

    Editor-in Chief Peer-Reviewed Journals

  • The Journal of Law, Business and Ethics, Vol. 19, Winter 2012 (Kevin S. Marshall Editor-in-Chief); Journal of the Pacific Southwest Academy of Legal Studies in Business, a regional section of the Academy of Legal Studies in Business.
  • The Journal of Law, Business and Ethics, Vol. 18, Winter 2012 (Kevin S. Marshall Editor-in-Chief); Journal of the Pacific Southwest Academy of Legal Studies in Business, a regional section of the Academy of Legal Studies in Business.
  • The Journal of Law, Business and Ethics, Vol. 17, Winter 2011 (Kevin S. Marshall Editor-in-Chief); Journal of the Pacific Southwest Academy of Legal Studies in Business, a regional section of the Academy of Legal Studies in Business.
  • The Earnings Analyst, Vol. X. (Kevin S. Marshall ed., Spring 2008); Journal of the American Rehabilitation Economics Association.
  • The Earnings Analyst, Vol. IX, (Kevin S. Marshall ed., Spring 2007); Journal of the American Rehabilitation Economics Association.
  • The Earnings Analyst, Vol. VIII, (Kevin S. Marshall ed., Spring 2006); Journal of the American Rehabilitation Economics Association.
  • The Earnings Analyst, Vol. VII, (Kevin S. Marshall ed., Spring 2005); Journal of the American Rehabilitation Economics Association.
  • The Earnings Analyst, Vol. VI, (Kevin S. Marshall & Thomas R. Ireland eds., Spring 2004); Journal of the American Rehabilitation Economics Association.
  • Citations in Judicial Decisions & Court Documents:
  • Judicial Decisions:
  • Melo v. Allstate Insurance Company, –F. Supp. 2d.—(2011), 2011 WL3433020 (Citing generally Kevin S. Marshall & Patrick W. Fitzgerald, “The Collateral Source Rule and Its Abolition: and Economic Perspective,” 15 KAN J. L. PUB. POL’Y 57, 58-60 (2005).
  • Mary Lou Smith v. Pneumo Abex, LLC, (–Cal. App.—2nd Dist, Jul. 07, 2010), 2010 WL 321758, Appellate Brief, Amicus Curiae Brief of Consumer Attorneys of (No. B217063) (Citing generally Kevin S. Marshall & Patrick W. Fitzgerald, “The Collateral Source Rule and Its Abolition: and Economic Perspective,” 15 KAN J. L. PUB. POL’Y 57, 58-60 (2005)).
  • Employees Retirement System of Texas v. Putnam, LLC, 294 S.W. 3d 309, 317 (Tex. App.—Austin Jul. 30, 2009—On Rehearing) (No. 03-08-00473-CV) (Citing Kevin S. Marshall & Kurt J. Beron, “Statistics & the Law: Proving Lost Profits, 2 TEX. WESLEYAN L. REV. 467 (1996)).
  • Employees Retirement System of Texas v. Putnam, LLC, 2009 WL 2341873 at 6 (Tex. App.—Austin Jul. 30, 2009—On Rehearing) (No. 03-08-00473-CV) (Citing Kevin S. Marshall & Kurt J. Beron, “Statistics & the Law: Proving Lost Profits, 2 TEX. WESLEYAN L. REV. 467 (1996)).
  • Employees Retirement System of Texas v. Putnam, LLC, 2009 WL 2059425 at 6 (Tex. App.—Austin Jul. 15, 2009) (No. 03-08-00473-CV) (Citing Kevin S. Marshall & Kurt J. Beron, “Statistics & the Law: Proving Lost Profits, 2 TEX. WESLEYAN L. REV. 467 (1996).
  • Eleven Line, Inc., d/b/a Permian Basin Sports Center v. North Texas State Soccer Association, Inc., 213 F. 3d. 198, 207-208, fns 18 & 20 (5th Cir. 2000) (Citing Kevin S. Marshall & Kurt J. Beron, “Statistics & the Law: Proving Lost Profits, 2 TEX. WESLEYAN L. R. 467(1996)).
  • Pleadings, Motions& Briefs:
  • Gilbert Wheeler, Inc. Petitioner, v. Enbridge Pipelines (East Texas) L.P. Respondent, 2013 WL 5785857, *1, Tex. (Oct. 21, 2013), Gilbert Wheeler’s Brief on the Merits—Supreme Court of Texas, citing “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” with Professor Juanda Daniel – Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007).
  • Gilbert Wheller, Inc. v. Enbridge Pipelines (East Texas) L.P., 2013 WL 1410468, 1+ (Appellate Petition, Motion and Filing) Tex. (Mar. 28, 2013), Gilbert Wheeler, Inc.’s Petition for Review (No. 13-0234) citing “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” with Professor Juanda Daniel – Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007).
  • Gregory L. Williams, Appellant v. Thomas Osking, Appellee, 2012 WL 2579429, *1+(Appellate Brief) (Fla. App. 4 Dist. Apr. 13, 2012) Initial Brief of Appellant (No. 4D11-4818) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • Richard DUROST, Plaintiff, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant., 2007 WL 4665926 (Trial Motion, Memorandum and Affidavit) (S.D.Miss. July 16, 2007), Brief in Support of Defendant’s Motion to Exclude Testimony of Plaintiff’s Expert, Neil B. Hall, (No. 1:06cv546.)(Citing Irving Prager & Kevin S. Marshall, Examination of Prior Expert Qualifications and or Disqualification–(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559 (2005)).
  • Steven PLOTKIN and Lynn Plotkin, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, An Illinois Corporation, Defendant., 2007 WL 4679460 (Trial Motion, Memorandum and Affidavit) (S.D.Miss. May 30, 2007), Memorandum Brief in Support of Defendant’s Motion to Exclude the Testimony and Report of Plaintiff’s Expert, Neil B. Hall and for Evidentiary Hearing on the Motion, (No. 1:06cv421.) (Citing Irving Prager & Kevin S. Marshall, Examination of Prior Expert Qualifications and or Disqualification–(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559 (2005)).
  • Steven PLOTKIN and Lynn Plotkin, Plaintiffs, v. STATE FARM FIRE AND CASUALTY COMPANY, An Illinois Corporation, Defendant., 2007 WL 4679456 (Trial Motion, Memorandum and Affidavit) (S.D.Miss. May 29, 2007), Memorandum Brief in Support of Defendant’s Motion to Exclude the Testimony and Report of Plaintiff’s Expert, Neil B. Hall, (No. 1:06cv421.) (Citing Irving Prager & Kevin S. Marshall, Examination of Prior Expert Qualifications and or Disqualification–(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559 (2005)).
  • Norman J. BROUSSARD and Genevieve Broussard, PLAINTIFFS, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant., 2007 WL 98310 (Trial Motion, Memorandum and Affidavit) (S.D.Miss. January 07, 2007), Brief in Support of Defendant’s Motion to Reconsider, (No. 1:06cv6LTS-JR.) (Citing Irving Prager & Kevin S. Marshall, Examination of Prior Expert Qualifications and or Disqualification–(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559 (2005)).
  • Gross Intern Corp. v. Tokoyo Kikai Seisakusho, Ltd.,2007 WL 4377583, 4377583+ (Appellate Petition, Motion and Filing) (U.S. Dec. 10 2007) Brief for the States of New Hampshire and Oregon as Amici Curiae in Support of Petition for Writ of Certiorari (No. 07-6518) (Citing Kevin S. Marshall, “The Economics of Competitive Injury, 45 BRANDEIS L.J. 345 (2007)).

    Citations in Other Works

  • The Collateral Source Rule After Martinez v. Milburn, 82-Feb., J. Kan. B.A. 30, 30+ (2013) Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • The Fate of the Collateral Source Rule after Health Care Reform, 60 UCLA L. REV. 736, 776 (2013) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • The Judicial Contraction of Section 2 Doctrine, 45 Loy. L. A. L. Rev. 1105, 1172 (2012) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • Toward a Theory of Medical Malpractice, 97 Iowa L. Rev. 1201, 1257 (2012) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • Judge, Jury, and the GateKeeper: Admitting and Weighing Expert Testimony in Veterans’ Claims Adjudication and the Federal Courts, 4 VETERANS L. REV. 41, 84 (2012) (Citing Prager, Irving and Kevin S. Marshall, Examination of Prior Expert Qualification and/or Disqualification—(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559–580 (2005)).
  • Expanded Standing Under the Louisiana Unfair Trade Practices Act and Possible Employee Actions under the Act, 72 LA. L. REV. 519, 553 (2012) (Kevin S. Marshall, The Unfair Trade Practice of Hiring Illegal Alien Workers, 11 U.PA. J. BUS. & EMP. L. 49 (Fall 2008)).
  • UNCHARGED MISCONDUCT EVIDENCE §1:15, Distinguishing Uncharged Misconduct from other Types of Evidence—Character and Habit Evidence (2012) (Citing “The Habit Evidence Rule and its Misguided Judicial Legacy: A Statistical and Psychological Analysis,” with Kathy Garcia and Irving Prager, 36 LAW & PSYCHOL REV. 1 (2012))
  • WIKIPEDIA, “Conscious Parallelism” (May 9, 2012) (Citing Kevin Scott Marshall, Stephen Kalos, The Economics of Antitrust Injury and Firm Specific Damages (2008)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 6;7, Conspiracies to Monopolize (2012) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 6:6, Joint Monopolization (2012) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • Christopher M. Rymes, Expanded Standing Under the Louisiana Unfair Trade Practices Act and Possible Employee Actions Under the Act, 72 La. L. Rev. 519, 553 (Citing Kevin S. Marshall, The Unfair Trade Practice of Hiring Illegal Alien Workers, 11 U. Pa. Journal of Business Law (Fall, 2008)).
  • Jonathan Krisch, Judge Jury, and the Gatekeeper: Admitting and Weighing Expert Testimony in Veterans’ Claims Adjudication and the Federal Courts, 4 Veterans L. Rev. 41, 84 (2012) (Citing Prager, Irving and Kevin S. Marshall, Examination of Prior Expert Qualification and/or Disqualification—(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559–580 (2005)).
  • Alex Stein, Toward a Theory of Medical Malpractice, 97 Iowa L. Rev. 1201, 1257, (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • 1 Witkin Cal. Summ. 10th Contracts § 555. In General. Citing Kevin S. Marshall “Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics,” 46 SANTA CLARA L. REV. 231 (2006).
  • Andrew F. Popper, Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill and Arbitrary Limits on Civil Liability, 60 DEPAUL L. REV. 975 (2011) (Citing Kevin S. Marshall and Patrick Fitzgerald, Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237, 238 (2005)).
  • Ty A. Patton, Common Sense and The Common La, They’re not as Common as They Used to Be: A Critique of The Kansa Supreme Court’s New Application of The Collateral Source Rule [Martinez v. Milburn Enterprises, Inc., 233 P.3D 205 (KAN. 2010)] 50 WASHBURN L.J. 537 (2011) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • 5B Wash. Prac., Evidence Law and Practice § 705.10 (5th ed.) Washington Practice Series TM Current through the 2011 Pocket Parts Karl B. Tegland[FNa0] Evidence Law and Practice Chapter 7. Opinions and Expert Testimony Rule 705. Disclosure of Facts or Data Underlying Expert Opinion Author’s Commentary § 705.10 Law review articles and other commentary on Rule 705 (Citing Prager, Irving and Kevin S. Marshall, Examination of Prior Expert Qualification and/or Disqualification—(Questionable Questions Under the Rules of Evidence), 24 REV. LITIG. 559–580 (2005)).
  • 22 Tenn. Prac. Contract Law and Practice § 12:14 (2011) Tennessee Practice Series Contract Law and Practice Current through the 2011 Pocket Parts Steven W. Feldman Chapter 12. Actions for Breach Part I. Text § 12:14. Damages—Compensatory damages—Standards for calculation—Applications (Citing Juanda Lower Daniel & Kevin Scott Marshall, Avoiding Economic Waste in Contract Damages: Myths, Misunderstanding, and Malcontent, 85 NEB. L. REV. 875 (2007)).
  • 48 Am. Jur. Proof of Facts 2d 525, Existence of Attorney-Client Relationship (2011), Handling the Defense in Conspiracy Prosecution (2011) (citing Kevin S. Marshall and Charles Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis From a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY L. REV. 195 (2007).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 1:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 10:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 2:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 4:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 5:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 6:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 7:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 8:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • EXPERT WITNESSES: BUSINESS AND ECONOMY CASES § 9:10, Cross examination (2011) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • 42 Am. Jur. Trials 1, The Appeal of a Federal Mail Fraud Conviction (2011) (citing Kevin S. Marshall and Charles Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis From a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY L. REV. 195 (2007).
  • 20 Am. Jur. Trials 351, Handling the Defense in Conspiracy Prosecution (2011) (citing Kevin S. Marshall and Charles Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis From a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY L. REV. 195 (2007).
  • 5 Am. Jur. Trials, Pretrial Procedures and Motions in Criminal Cases (2011) (Citing Kevin S. Marshall and Charles Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis From a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY L. REV. 195 (2007).)
  • 48A Tex. Prac., Tex. Lawyer & Jud. Ethics § 8:9 (2009-2010 ed.) Texas Practice Series TM Current through the 2010-2011 Update Robert P. Schuwerk[FNa0], Lillian B. Hardwick[FNa1] Handbook Of Texas Lawyer And Judicial Ethics: Attorney Tort Standards, Attorney Ethics Standards, Judicial Ethics Standards, Recusal and Disqualification of Judges Part II. The Texas Disciplinary Rules Of Professional Conduct Chapter 8. Article III. Advocate § 8:9. Rule 3.09 Special responsibilities of a prosecutor (Citing Kevin S. Marshall and Charles Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis From a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY L. REV. 195 (2007)).
  • John J. Dvorske, Construction and Application of the Sherman Act, 15 U.S.C.A., § 1 et seq.—Supreme Court Cases, 35 A.L.R. Fed. 2d (2009) (citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 SANTA CLARA L. REV. 231 (2006)).
  • JEFF FERRIELL, UNDERSTANDING CONTRACTS 784, fn 610, (2nd ed., 2009) (citing Juanda Lowder Daniel and Kevin S. Marshall, Avoiding Economic Waste in Contract Damages, Myths, Misunderstanding, and Malcontent, 85 NEB. L. REV. 875 (2007)).
  • “Rule 3.09 Special Responsibilities of a Prosecutor,” 48 TEX. PRAC. SERIES §8:9 (2009) (citing Kevin S. Marshall and Charles S. Doskow, Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis from a Constitutional, Ethical and Economic Perspective, 24 T. M. COOLEY, L. REV. 195 (2007)).
  • JOSEPH M. PERILLO, CALAMARI AND PERILLO ON CONTRACTS § 14.29, at 526 n. 3 (6th 2009) (citing Daniel & Marshall, “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” 84 NEB. L. REV. 875 (Spring 2007)).
  • Sungjoon Cho, Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, 87 N.C. L. REV. 357, 390, fn 226 (2009) (citing KEVIN SCOTT MARSHALL, ADMINISTERED PROTECTION: THE POLITICAL ECONOMY OF U..S. COUNTERVAILING DUTY AND ANTIDUMPING REGULATION 174 (2006) (1993)).
  • LEVINE, JUNG, SCHOENBROD & MACBETH, REMEDIES: PUBLIC AND PRIVATE 4TH Ed at 71 (spring 2009 supplement) (citing Daniel & Marshall, “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” 84 NEB. L. REV. 875 (Spring 2007)).
  • KARL B. TEGLAND, “Opinions and Expert Testimony, Rule 705, Disclosure of Facts or Data Underlying Expert Opinion, Chapter 7, EVIDENCE LAW AND PRACTICE, WASHINGTON PRACTICE SERIES, 5B WASH. PRAC., EVIDENCE LAW AND PRACTICE § 705.10 (5th ed. 2009) (Citing Prager & Marshall, ‘Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559-580 (2005)).
  • “Construction and Application of Sherman Act, 15 U.S.C.A. §§ 1 et. seq.—Supreme Court Cases, 35 A.L.R. Fed. 2d 1 (2009) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • 1 Witkin Cal. Summ. 10th Contracts § 555, 65 In General (Supplement 2009) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • CALLMAN ON UNFAIR COMPETITION, TMS, & MONOPOLIES § 4:21, Violation of the Antitrust Laws—Section 2 of the Sherman Act (2009), fn 60, (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 5:7, The Rule of Reason (2009) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 6:5 Single Firm Monopolization—Monopolizing Conduct (2009) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 6:5, Single Firm Monopolization—Monopolizing Conduct (2009) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 5:7, The Rule of Reason (2009) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • HOLMES, INTELLECTUAL PROPERTY AND ANTITRUST LAW § 5:1, Introduction (2009) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • ANTITRUST LAW HANDBOOK § 3:5, Actual Monopolization—Monopolizing Conduct (2008) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • ANTITRUST LAW HANDBOOK § 2:10, Per se versus Rule of Reason Analysis—Rule of Reason; “Quick-Look” Rule of Reason (2008) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • ANTITRUST LAW HANDBOOK, Chapter 9, References (2008) (Citing Kevin S. Marshall, The Economics of Competitive Injury, 45 BRANDEIS L. J. 345 (2007)).
  • ANTITRUST LAW HANDBOOK, §2:10 Per Se versus Rule of Reason Analysis—Rule of Reason; “Quick Look” Rule of Reason , References (2008) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 SANTA CLARA L. REV. 231 (2006)).
  • ANTITRUST LAW HANDBOOK, § 3:5, Actual Monopolization—Monopolizing Conduct, References (2008) (Citing Kevin S. Marshall, Product Disparagement Under the Sherman Act, Its Nurturing and Injurious Effects to Competition, and the Tension Between Jurisprudential Economics and Microeconomics, 46 Santa Clara L. Rev. 231 (2006)).
  • Jamie L. Wershabale, 75 DEFENSE COUNSEL JOURNAL 4: 346, 2-3. fn. 21 (Oct. 2008) (citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J.L. & PUB. POL’Y 57, 58 (2005)).
  • CLIFTON T. HUTCHINSON, “Marketing: Advertising, Branding, Consumer Behavior & Communications”, Chapter 10, IN EXPERT WITNESSES BUSINESS & ECONOMY § 10:11, fn. 9 (2009 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, TAX, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 5:11, fn. 10 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, BANKRUPTCY EXPERT, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 7:11, fn. 8 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, MARKETING, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 9:12, fn. 9 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, ECONOMETRICS, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 3:11, fn. 9 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, ACTUARY, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 2:11, fn. 6 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, BANKING, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 4:11, fn. 6 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, CORPORATE OFFICERS AND DIRECTORS, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 8:11, fn. 10 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, VALUATION AND APPRAISAL, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 6:11, fn. 6 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • CLIFTON T. HUTCHINSON, ACCOUNTANTS, TRIAL, CROSS EXAMINATION IN EXPERT WITNESSES BUSINESS & ECONOMY § 1:11, fn. 6 (2008 ed.) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559 (2005)).
  • Steven W. Feldman, Damages—Compensatory Damages—Standards for Calculations–Applications, 22 TENNESSEE PRACTICE SERIES CONTRACT LAW AND PRACTICE, §12:14, fn. 48 (2008) (Citing Juanda Daniel and Kevin S. Marshall “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,”– Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007)).
  • Alan Schwartz and Robert E. Scott, Market Damages, Efficient Contracting and The Economic Waste Fallacy, 108 COLUM. L. REV. fn. 107 (Nov. 2008) (citing Juanda Daniel and Kevin S. Marshall “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,”– Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007)).
  • David C. Landin, Victor E. Schwartz, Phil Goldberg, Lessons Learned from the Front Lines: A Trial Court Checklist for Promoting Order and Sound Policy in Asbestos Litigation, 16 J.L. & POL’Y 589, fn. 249 (2008) (Citing Kevin S. Marshall and Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 59 (2005).)
  • Christopher J. Rodederer, Democracy and Tort Law in America: the Counter-Revolution, 110 W. VA. L. REV., 687, fn. 242 (Winter 2008) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J.L. & PUB. POL’Y 57, 61 (2005)).
  • Juanda Lowder Daniel, Virtually Mature: Examining the Policy of Minors’ Incapacity to Contract through the Cyberscope, 43 Gonz. L. Rev. 239, 250, fn. 83 (2007-2008) (citing Juanda Daniel and Kevin S. Marshall “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,”– Winner of Academy of Legal Studies in Business’ Double-Blind-Peer Reviewed 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 (Spring 2007)).
  • Rebecca F. Anderson, The Collateral Source Rule and Medicaid Plaintiffs: Eliminating Windfalls and Double Recovery, 30 T. JEFFERSON L. REV. 223, fn, 6 (Fall 2007) (Citing Kevin S. Marshall & Patrick Fitzgerald, The Collateral Source Rule and Its Abolition: An Economic Perspective, 15 KAN. J. L. & PUB. POL’Y 57, 58 (2005)).
  • Tracy A. Thomas, Proportionality and the Supreme Court’s Jurisprudence of Remedies, 59 HASTINGS L. J. 73 fn 128 (2007) (Citing Kevin S. Marshall and Patrick Fitzgerald, Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237, 256-258 (2005)).
  • Current Literature, 40 UCCL.J. 2 Art. 7, Miscellaneous (Fall 2007) (Citing Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent, (co-authored with Professor Juanda Daniel) – Winner of Academy of Legal Studies in Businesses 2006 Holmes-Cardozo Distinguished Submitted Conference Paper—84 NEB. L. REV. 875 Spring 2007)).
  • Anthony J. Sebok, Punitive Damages: From Myth to Theory, 92 IOWA L. REV. 957, 1001, fn. 195 (March 2007) (Citing Kevin S. Marshall and Patrick Fitzgerald, Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237, 256-258 (2005)).
  • Matt J. Farley and Alona R. Croteau, “Why the Constitution Matters to Fidelity Insurers: State Farm Insurance Company v. Campbell, 12 Fidelity L.J. 89 (October 2006) (Citing Kevin S. Marshall and Patrick Fitzgerald, Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237, 238 (2005)).
  • Victor E. Schwartz, Paul W. Kalish and Phil Goldberg, “A Letter to the Nation’s Trial Judges: Serious Asbestos Cases—How to Protect Cancer Claimants and Wisely Manage Assets,” 30 AM. J. TRIAL ADVOC. 295, 321, fn. 141 (Fall 2006) (Citing Kevin S. Marshall & Patrick Fitzgerald, “The Collateral Source Rule and Its Abolition: An Economic Perspective,” 15 KAN. J. L. & PUB. POL’Y, 57, 59 (2005)).
  • Victor E. Schwartz, Cary Silverman and Phil Goldberg, “Toward Neutral Principles of Stare Decisis in Tort Law,” 58 S. C. L. REV. 317, 336, fn. 104 (Winter 2006) (Citing Kevin S. Marshall & Patrick Fitzgerald, “The Collateral Source Rule and Its Abolition: An Economic Perspective,” 15 KAN. J. L. & PUB. POL’Y, 61 & 82-83 fn. 39 (2005)).
  • Benjamin Spencer, “Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence,” 79 S. CAL. L. REV. 1085 (Summer 2006) (Citing Kevin S. Marshall & Patrick Fitzgerald, “Punitive Damages and the Supreme Court’s Reasonable Relationship Test: Ignoring the Economics of Deterrence,” 19 ST. JOHN’S J. LEGAL COMMENT. 237, (2005)).
  • Ronald L. Carlson, “Navigating the Nuances of Modern Expert Witness Law: How to Teach About Experts,” 50 ST. LOUIS U. L.J. 1115 (Summer 2006) (Citing Prager & Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559-580 (2005)).
  • Karl B. Tegland, “Opinions and Expert Testimony, Rule 705, Disclosure of Facts or Data Underlying Expert Opinion, Chapter 7, Evidence Law and Practice, Washington Practice Series, 5B WASH. PRAC., EVIDENCE LAW AND PRACTICE § 705.10 (4th ed. 2006) (Citing Prager & Marshall, ‘Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence,” 24 REV. LITIG. 559-580 (2005)).
  • Mary Kreiner Ramirez, “The Science Fiction of Corporate Criminal Liability: Containing the Machine Through the Corporate Death Penalty,” 47 ARIZ. L. REV. 933 (Winter 2005) (Citing Marshall & Fitzgerald, “Punitive Damages and the Supreme Court’s Reasonable Relationship Test—Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237 (Winter/Spring 2005)).
  • Joseph Rice, Anne McGinness Kearse and James Ledlie, “Emerging Trends in Toxic Tort Litigation in the United States and Canada,” ATLA Annual Convention Reference Materials, Vol 1, Canadian Legal Track, 1 Ann.2005 ATLA-CLE 489 (July 2005) (Citing Marshall & Fitzgerald, “Punitive Damages and the Supreme Court’s Reasonable Relationship Test—Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237 (Winter/Spring 2005)).
  • Elizabeth M. Youngdale, “Reviewing the Law Reviews,” 72 Def. Couns. J. 407 (October, 2005) (Citing Prager and Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence”, 24 REV. LITIG. 559 (Summer 2005)).
  • Thomas C. Galligan, Jr., “The Risks of and Reactions to Underdeterrence in Torts,” MISSOURI LAW REVIEW, Vol. 70, No. 3, note 4 (Summer 2005) (citing Marshall & Fitzgerald, “Punitive Damages and the Supreme Court’s Reasonable Relationship Test—Ignoring the Economics of Deterrence, 19 ST. JOHN’S J. LEGAL COMMENT. 237 (Winter/Spring 2005)).
  • Edward J. Imwinkelreid, “Expert Witness, Qualification Testimony,” The National Law Journal, Monday, October 31, 2005 at 16 (citing Prager and Marshall, “Examination of Prior Expert Qualification and/or Disqualification—Questionable Questions Under the Rules of Evidence”, 24 REV. LITIG. 559 (Summer 2005)).
  • John Kidwell, “Extending the Lessons of Hadley v. Baxendale,” 11 Tex. Wesleyan L. Rev. 421 (Spring 2005) (Citing Marshall and Beron, “Statistics and the Law, Proving A Case for Lost Profits”, Texas Wesleyan Law Review, Texas Wesleyan University’s School of Law, Vol. 2, No. 3, Spring 1996)).
  • Elizabeth M Youngdale, “Reviewing the Law Reviews,” 72 Def. Couns. J. 207 (April 2005) (Marshall & Fitzgerald, “Punitive Damages and the Supreme Court’s Reasonable Relationship Test—Ignoring the Economics of Deterrence, St19 ST. JOHN’S J. LEGAL COMMENT. 237 (Winter/Spring 2005)).

    OTHER WORKS IN PROGRESS

  • The Law and Economics of Extortion—the David Letterman and Tiger Woods case for secrecy and confidentiality—when can silence be purchased, and when can secrets be sold? A an economic inquiry into contractual confidentiality provisions and their third party effects.
  • Managing Risk at the Expense of Return—a study of the risk/return relationship and its impact on firm and institutional expectations and sustainability. Managing risk without regard to return compounds risk, nurtures a regression to the mean, and exposes institutions to catastrophic outliers.
  • Creating and Maintaining Innovative Space–Entrepreneurship and the Rule of Law (Quantapreneurialism and its Revelations)—an analysis of how rules nurture or constrain the creation and maintenance of innovative spaces.
  • Advance Remedies and Forensic Economics Textbook—An interdisciplinary experiential course text exploring the law, economics and methodological foundations for seeking and proving compensatory damages in cases involving catastrophic injury or death. The textbook reviews the relevant legal doctrine providing for compensatory damages, instructs on the forensic economics and methods for measuring such damages, explores the evidentiary issues and mechanics of offering such evidence for admission, and instructs on the preparation of relevant jury instructions with respect to the recovery of damages.
  • Hedonic Damage, Forensic Economics and its Methodological Failings—a meta-analysis of the literature professing to measure the loss of enjoyment of life upon death.
  • The Economics of Hedonic Damages—an economic analysis of the jurisprudential remedial provision of hedonic damages.
  • The Law and Theatre Project—a study of theatrical direction and its relevance and influence with respect to fact-finding outcomes in the courtroom (with La Verne Theatre Professor Sean Dillon and Pomona District Attorney Lisa Rogan)
  • Lens Analysis and the Public Administration of Economic Externalities–Determining Optimal Jurisdictional Regulatory Responses– This paper introduces and explores the utility of spatial lens analysis as an instrument for assessing and determining the optimal (multi)jurisdictional regulatory response to economic externalities with (multi)directional implications.
  • Research Methods in Public Administration: Terminology and Six Areas of Methodological Concerns—a manual addressing the methodological challenges of assessment and analysis while engaged in the study and practice of public administration (with Dr. Jack Meek).

    Presentation and Other Completed Works

     

  • “Free Enterprise and the Enterprising Power of Freedom,” Pacific Southwest Academy of Legal Studies in Business Annual Conference, Palm Springs, California, February 14-15, 2014.
  • “Creating and Maintaining Innovative Space in the Age of Globalization—Unraveling the Complexities of Entrepreneurial Systems,” INSEEC Business School International Seminars, Paris-Bordeaux: January 20-24, 2014.
  • “Globalization and the Regulation of Competitive Markets,” INSEEC Business School International Seminars, Paris-Bordeaux: January 20-24, 2014.
  • “Globalization and the Regulation of Competitive Markets,” INSEEC Business School International Seminars, Paris-Bordeaux: January 21-25, 2013.
  • “Emerging Economic Damage Models in Business Tort Litigation,” The 3rd Annual Business Torts Institute 2011—Houston (Video Dallas, January 5-6, 2012), TexasBarCLE, cosponsored by the Litigation Section of the State Bar of Texas, MCLE Course No: 901223731 (14 Hours, 4 Ethics).
  • Constitutional Protections and the Bill of Rights, Guest Lecturer, The Supreme Court and Criminal Procedure, Government 185, Claremont McKenna College, Fall Semester 2010.
  • Constitutional Liberties and the Bill of Rights, Guest Lecturer, Constitutional Law: Civil Liberties, Government 91, Claremont McKenna College, Fall Semester 2010.
  • “Creating and Maintaining Innovative Space—Entrepreneurship and the Rule of Law (An Introductory to Quantapreneurialism and its Revelations), ICN Business School, Nancy, France (Fall 2010).
  • “Free Enterprise and the Rule of Law—The Economics of Executive Discretion,” presented at the Academy of Legal Studies in Business, 2009 Annual Conference, August 5-8, 2009, Denver, Colorado.
  • “The Historical and Economic Origins of Hedonic Damages,” American Rehabilitation Economic Association’s Annual Spring Conference, June 14, 2006, Reno, Nevada.
  • “Linear Systems: The Re-Invention of an Organization—The Digital Imaging Future,” (with Dr. Issam Ghazzawi) to be presented at the Western Case Writers Association (WCA) 2009 Annual Conference and for publication in the Conference Proceedings (March 19, 2009).
  • “The Political Economy of Ceteris Paribus Laws and the Law and Economics of Regulatory Enforcement Policies,” presented at the Pacific Southwest Academy of Legal Studies in Business 2009 Annual Conference, February 19-21, 2009, Palm Springs, California.
  • “Developing your Research Agenda & Successfully Responding to a Call for Papers (with Mehdi Behstian, Ph.D., Al Clark, Ph.D., Jonathan Reed, Ph.D., and Barbara Poling, Ph.D.), University of La Verne Faculty Retreat—Promoting Excellence in Faculty Research, January 15-16, 2009.
  • “Forensic Economics 101,” (with Shannon Shipp, Ph.D. and Allyn Needham, Ph.D.), 2008 American Rehabilitation of Economics Association Spring Conference, May 15—18, 2009.
  • “The Unfair Trade Practice of Hiring Illegal Alien Workers,” recipient of the 2008 Pacific Southwest Academy of Legal Studies Double-Blind-Peer-Reviewed Best Paper Award, presented at that Pacific Southwest Academy of Legal Studies in Business’ Annual Conference, Palm Springs, California, February 23, 2008.
  • “Cross-Examination of Expert Witnesses,” sponsored by the University of La Verne College of Law’s Center for Excellence in Advocacy, Imperial Palace, Las Vegas, Nevada, February 9, 2007.
  • “Measuring Damages in Personal Injury Claims: Using, Offering, and Cross-Examining Damage Experts,” sponsored by the University of La Verne College of Law’s Center for Excellence in Advocacy, La Verne, California, November 10, 2006.
  • “Avoiding Economic Waste In Contract Damages: Myths, Misunderstanding and Malcontent,” submitted for publication in May 2006 (co-authored with Professor Juanda Daniel) – Winner of Academy of Legal Studies in Businesses 2006 Holmes-Cardozo Distinguished Submitted Conference Paper, presented at the Academy of Legal Studies in Business Annual Conference, August 2006, Tampa Bay, Florida.
  • “Technology in Practice,” American Rehabilitation Economic Association’s Annual Spring Pre-Conference, May 18, 2006, Reno, Nevada.
  • “The Economics of Competitive Injury,” National Conference on Competition/Antitrust Law, Pan-African University Conference Centre, Km 49 Lekki-Epe Expressway, Ajah, Lagos, sponsored by the Nigerian Federal Ministry of Justice and the Lagos Business School, Lagos, Nigeria, March 9-10, 2006.
  • “What’s Happening to Prejudgment Interest as a Result of Tort Reform?” David R. Gilchrist, Patrick Fitzgerald and Kevin S. Marshall, Eastern Economics Association Annual Meeting, Philadelphia, Pennsylvania, February 24-26, 2006.
  • “Tort reform and Class Action Litigation in the States: A Review of State Law Modifications in Light of Avery v. State Farm Mut. Auto. Ins. Co.,” Patrick W. Fitzgerald and Kevin S. Marshall, Missouri Valley Economics Association Annual Meeting, October 29, 2005.
  • “The Collateral Source Rule and its Abolition—An Economic Perspective,” Academy of Legal Studies in Business Annual Meeting, San Francisco, California, August 2005.
  • “Punitive Damages After State Farm v. Campbell,” with Professor Patrick Fitzgerald, Academy of Legal Studies in Business Annual Meeting, San Francisco, California, August 2005.
  • “Punitive Damages and Tort Reform: A Review of Important Recent Cases and the Impact on Economic Incentives for Risk Management,” Allied Social Sciences Meeting. American Economic Association Annual Meeting, Patrick Fitzgerald and Kevin Marshall, January 2005.
  • “The Collateral Source Rule: Variations Among the States and Implications for Damages Assessment,” Patrick Fitzgerald and Kevin Marshall, American Association of Finance and Economics Experts, Nashville, Tennessee, October 16, 2004.
  • “What’s New for Punitive Damages: Implications for Tort Reform and Damages Assessment,” Patrick Fitzgerald and Kevin Marshall, Missouri Valley Economics Association in Nashville, Tennessee, October 15, 2004.
  • “Tort Reform and The Issue of Whether The Jury Really Ought To Know All The Facts Concerning Attorney’s Fees, Tax Consequences and Liability and Other Applicable Insurance Coverage: Should We Keep The Collateral Source Rule?” Patrick Fitzgerald, Kevin Marshall, M. Teeple and J. Pierce, Western Economics Association International Annual Meeting, Vancouver, Canada, July 1, 2004.
  • “Calculating Economic Loss: From Theory to Practice”, with Dr. J. Herbert Burkman, presented at the American Rehabilitation Economics Association’s Annual Meeting, Reno, Nevada, May 13-16, 2004.
  • “Tort Reform and a Jury’s Need to Know About the Facts: The Debate over Admissibility of Crucial Information Regarding Business Damages”, co-authored with Patrick W. Fitzgerald, Ph.D. and M. Teeple and presented at The Southern Academy of Legal Studies in Business, San Antonio, Texas, March 20, 2004.
  • “Update on Punitive Damages: Recent Cases and Likely Impact on Damages and Business Risk Management: Implications for Public Policy Including Tort Reform”, co-authored with Patrick W. Fitzgerald, Ph.D. and presented at the Southern Academy of Legal Studies in Business, San Antonio, Texas March 20, 2004.
  • “What’s New for Mutual Funds Managers After the Ethical Fiascos of 2003? A Look at Likely Legislation and Industry Changes”, co-authored with Patrick W. Fitzgerald, Ph.D., Jacque Bergman, Michele Teeple, Zoligargal Dashyamm, Zephanie Zimpleman and Syarifuddin Kisanaga and presented at The Southern Academy of Legal Studies in Business, San Antonio, Texas, March 18, 2004.
  • “How to Prepare for Trial—What Works and What Doesn’t Work: Perspectives from Inside and Outside the Tent”, authored and presented seminar materials regarding the presentation of economic evidence, the potential pitfalls, and the perceptions of jurors. American Rehabilitation Economics Association, Spring Conference, May 17, 2003 with The Honorable Judge Robert C. Jenevein (Dallas, TX), Michael Payma, Esq. (Dallas, TX) and Thomas E. Loraine, Esq. (Osage Beach, MO).
  • “Game Theory: Its Relevance and Applicability in the Antitrust Context”, authored and presented paper and seminar materials regarding the history, substance, and application of game theory in the analysis of antitrust injury pursuant to the Sherman and Clayton Acts, as well as in the review of horizontal mergers under the DOJ’s Merger Guidelines. Antitrust and Business Regulations Section of the Dallas Bar Association, Dallas, Texas, May21, 2002, accredited for MCLE and State Bar College for 1.00 participatory hours by the State Bar of Texas, Course No. 000032116.
  • “Report to the FTC of Economic Task Force–The Economics of Innovation”, Co-authored with a team of economists Philip Nelson, Darrell Williams, Robert Stone, Stuart Gurrea, Gloria Hurdle, and David Smith, presented on behalf of the ABA’s Economic Task Force and submitted as part of the record with respect to the U.S. Department of Justice Antitrust Division and Federal Trade Commission Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy, Spring 2002.
  • “Litigation Economics”, authored and presented seminar to licensed attorneys regarding issues involving the measurement of economic losses in both the personal injury and commercial context, Texas State Bar Building, Austin, Texas , April 16, 2002, accredited for MCLE and State Bar College for .75 participatory hours by the State Bar of Texas, Course No. 000031249.
  • “Economic Measurement Issues In Business Litigation Matters”, authored and presented seminar materials to licensed attorneys examining the myriad of economic issues involved in analyzing and assessing economic business loss, IPSIS Center for Analysis, Dallas, Texas, June 21, 2001, accredited for MCLE and State Bar College for 2.75 participatory hours by the State Bar of Texas, Course No. 000019747.
  • “Daubert and the Social Sciences–Validity, Reliability and Fit for the Particular Facts of the Case”, authored and presented seminar materials to the American Rehabilitation Economics Association examining the issues of relevancy and reliability for economists and vocational experts, the use of peer-reviewed information and government documents in the preparation and submission of expert reports. American Rehabilitation Economics Association Conference, Reno, Nevada, May 17-18, 2001.
  • “Report on the Federal Trade Commission Workshop On Slotting Allowances and Other Marketing Practices in the Grocery Industry”, co-hosted with the Section One Committee of the American Bar Association’s Antitrust Section, IPSIS Center for Analysis, Dallas, Texas, March 21, 2001, accredited for MCLE and State Bar College for 1.50 participatory hours by the State Bar of Texas, Course No 000019751.
  • “Communications Among Competitors, Signaling, Parallel Pricing, and Plus Factors”, presented with Ric Handler, Attorney at Law, before the Dallas Bar Association’s Antitrust and Trade Regulation Section, May 18, 1999.
  • Statistics and the Law, Proving a Case for Lost Profits in Texas,@ presented with Dr. Kurt Beron at a State Bar Approved CLE program before the Dallas County Bar Association’s Business Litigation Section, Dallas, Texas, January 13, 1998.
  • “Protecting Taxpayers and Sharing Benefits from the Cartel Structure of Professional Sport,@ presented with Dr. Mark S. Rosentraub of Indiana University at Indianapolis, at a State Bar Approved CLE program before the Dallas County Bar Association’s Antitrust and Business Regulation Section, Dallas, Texas, December 1997.
  • Statistics and the Law, Proving a Case for Lost Profits in Texas,@ presented with Dr. Kurt Beron at a State Bar Approved CLE program before the Grayson County Bar Association, Sherman, Texas, Summer 1997.
  • Statistics and the Law, Proving a Case for Lost Profits in Texas,@ presented with Dr. Kurt Beron at a State Bar Approved CLE program before the Grayson County Young Lawyers Association, Sherman, Texas, Spring 1997.
  • Statistics and the Law, Proving a Case for Lost Profits in Texas,@ presented with Dr. Kurt Beron at State Bar Approved CLE program given at the Institute for Policy Studies and Information Services Center for Analysis, June 7, 1996.
  • Should Technology Choice Be An Antitrust Concern? (Taking Action Against Microsoft)@, presented with Dr. Stan Liebowitz to the Antitrust & Trade Regulation and the Intellectual Property Sections of the Dallas Bar Association, Dallas, Texas, April 29, 1996.
  • Antidumping and Countervailing Duties–Compliance Issues under the Customs Modernization Act@–a descriptive analysis of the ministerial tasks of Customs with respect to the collection of antidumping and countervailing duties as well as the legal requirements imposed on importers confronted with the existence of such duties, all within the context of the Customs Modernization Act; presented at the American Association of Exporters and Importers Conference on Compliance under the Customs Modernization Act in Dallas, Texas, April 5, 1995.
  • “Relief From Import Competition”–a descriptive analysis of the relief available domestic industry from increased imports under the antidumping and countervailing duty laws, escape clause relief, relief from unfair methods of competition, relief from unreasonable or discriminatory acts by foreign countries, and relief from market disruptions by imports; presented to the Dallas Bar Association’s Antitrust and Trade Regulation and International Law Sections, Dallas, Texas, May 31, 1994.
  • “Legislative Guidelines and Standards–Reconsidering Lowi and the Rule of Law”–a descriptive and theoretical analysis of how narrowly circumscribed administrative power is contrary to the results promised by Low and his Juridical Democracy in that it too results in privilege and tight access; presented at the Southwestern Social Science Association, Seventy Second Annual Meeting, San Antonio, Texas, April, 1 1994.
  • “Other Agency Considerations and Standards”, a summary of NAFTA’s impact on agencies other than the U.S. Customs Service presented at the Importers Preparation for NAFTA Seminar sponsored by the American Association of Exporters and Importers, Southwest Chapter, Dallas World Trade Center, Dallas, Texas, March 1, 1994.
  • Administered Protection: The Political Economy of U.S. Antidumping and Countervailing Regulation–an evaluation of the U.S. process of administered protection utilizing three political-economic perspectives: 1) a Coasean economic theory of regulation, 2) a public interest theory of discretionary justice, and 3) an organizational theory of institutions. A Caisson theory of regulations suggests the process is inefficient. Public interest theory suggests that the process is unprincipled and unfair. And institutional theory suggests the process is biased toward protectionism. Book manuscript. December 1993.
  • “International Trade and Anti-Competition Regulation”–a summary of U.S. statutory framework providing domestic relief from foreign unfair trade practices, including antidumping and countervailing duty relief, Section 201 relief, Super 301 relief, investigations of infringements of patents, trademarks copyrights and other unfair practices in import trade, investigations of impact of imports on national security, and investigations of market disruptions by imports from communist countries; presented at the Texas Wesleyan School of Law, October 21, 1992.

Awards / Honors

  • 2013 California Bar Examiner’s Honorarium for its selection and use of submitted Contract/Remedies Bar Exam Essay Question (co-authored with Professor Juanda Lowder Daniel) for California 20013 July Bar Exam.
  • 2013 Inductee of the University of La Verne Academy–Dedicated Leadership in Research & Scholarship—
    The faculty of the University of La Verne established ULV Academy in spring 2006 to recognize the institution’s outstanding researchers and to become an advocate for scholarship and publication at the University. The ULV Academy includes the University’s recognized leaders in research, publication, and creative activity. Modeled loosely on national academies here and abroad, ULV Academy membership brings with it responsibilities to the faculty and to the entire University commensurate with the recognition and rewards that each member receives. The two distinguishing characteristics of members of the ULV Academy are demonstrated quality research (or creative work in art, music, photography, theatre, or other creative arts) and commitment to the University of La Verne.
  • 2012-2013 Professor of the Year– University of La Verne College of Law Student Bar Association–This is an award that is provided by the Student Bar Association to the professor whom they believe contributed the most to their success during their time at the law school.
  • Sam M. Walton Free Enterprise Fellow (2011-13).
    Named in honor of the late founder of Wal-Mart, those accepted as Sam M. Walton Free Enterprise Fellows have demonstrated a thorough understanding of the free enterprise system, and the ability to work with university students, community groups, local businesses, and entrepreneurs.
  • 2009 California Bar Examiner’s Honorarium for its selection and use of submitted Contract/Remedies Bar Exam Essay Question (co-authored with Professor Juanda Lowder Daniel) for California 2009 February Bar Exam.
  • 2008 Pacific Southwest Academy of Legal Studies in Business Best Paper Award. Professor Marshall received the 2008 Double-Blind-Peer-Reviewed PSALSB Best Paper Award at its annual conference held in Palm Springs, February 2008 for his pre-published work entitled “The Unfair Trade Practice of Hiring Illegal Workers.”
  • 2006 Holmes-Cardozo Award for Distinguished Submitted Conference Paper.
    Professor Marshall, along with Professor Juanda Daniel, received the 2006 Double-Blind-Peer Reviewed Holmes-Cardozo Award for Distinguished Submitted Conference Paper from the Academy of Legal Studies in Business for their work entitled “Avoiding Economic Waste in Contract Damages: Myths, Misunderstanding, and Malcontent.”
  • 2005-2006 Professor of the Year– University of La Verne College of Law Student Bar Association–This is an award that is provided by the Student Bar Association to the professor whom they believe contributed the most to their success during their time at the law school.
  • The Journal of Law, Business & Ethics—Editor-in-Chief 2010 to present
    The Journal of Law, Business & Ethics, formally known as the Journal of Law and Business published by the Pacific Southwest Academy of Legal Studies in Business is an interdisciplinary journal seeking to promote and publish research business law and ethics issues.
  • American Business Law Journal—Staff Editor, Volume 37:1 (Fall 2009)
    The American Business Law Journal is published four times a year in March, June, September and December on behalf of the Academy of Legal Studies in Business by Blackwell Publishing. Founded in 1924, the Academy of Legal Studies in Business (International) is an association of teachers and scholars in the fields of business law, legal environment, and law-related courses. Its nearly 1,000 members teach primarily in schools of business in colleges and universities, at both the undergraduate and graduate levels. Members come from all fifty states, Canada, Australia, New Zealand, Ireland, England, and a number of other nations. The Academy provides a forum for the exchange of ideas, and encourages support and cooperation among those who teach and conduct research in the field of legal studies.
  • Journals for which Served as Peer Reviewer and/or Consultant:
  • The Yale Journal of Law, Economics and Organization.
    The Yale Law Journal
    The Journal of Legal Economics
    The American Business Law Journal
    The Earnings Analyst
  • University of La Verne College of Business & Public Management, La Verne, California
  • Lecturer in Economics, responsible for the presentation of course materials to graduate students examining the fundamentals of managerial economics, market forces of supply and demand, quantitative demand analysis, the theory of individual behavior, the production process and costs, the organization of the firm, the nature of the industry, managing in competitive, monopolistic, and monopolistically competitive markets, basic oligopoly markets, game theory, pricing strategies for firms with market power, the economics of information, and other advanced topics in business strategy.
    2007 to Present
  • Lecturer in Finance, responsible for the presentation of course materials to graduate students examining and discussing various issues and topics relating to business finance, including financial management, relationships between risk and return, the time value of money, corporate bond valuation, stock valuation, stock option valuation, corporate/business valuation, cost of capital, capital budgeting, capital structure, and working capital policy.
    2006 to Present
  • Lecturer in Quantitative and Qualitative Analysis for Public Management, responsible for the presentation of course materials to graduate students examining and discussing various topics in statistics and econometrics, as well as issues in research methodology.
    2009 to Present
  • Lecturer in Public Policy and the Tools of Governance, responsible for the presentation of course materials on the tools of policy analysis and solving public policy problems, including the introduction of prominent public policy models and their implications, market failures, government failures, the design of public policies, the measurement of the cost and benefits of policy alternatives, and public finance issues associated with the adoption and implementation of policy programs.
    2010 to Present
  • Lecturer in Non-Profit Governance and Compliance, responsible for the presentation of course materials on the governance, management and compliance issues of non-profit organizations, as well as developing practice competencies in the administration and management of the non-profit entity.
    2008 to Present.
  • Lecturer in Organizational Theory, responsible for the presentation of course material to graduate students examining and discussing the existing theoretical domains extant in organization theory, as well as introducing students to a variety of organizational theory perspectives and engage in structural and contextual analysis of the domain, and for developing a conceptual capacity with respect to public administration practice.
    2014 to Present.
  • Southern Methodist University
    Dedman College, Department of Economics, Dallas, Texas. 2001 to 2004.
    Cost Benefits Analysis
    International Trade and Economics
    International Trade Policy and Economics
    Principles of Microeconomics.
    Managerial Economics
    Price Theory
  • University of Texas at Dallas, School of Social Sciences, Dallas, Texas.
    1993-2004
    Real Estate Economics and Finance
    Forensic Economics and the Social Sciences
    Law and Economics
    Law and Data Analysis
    Public Administration of International Trade Policy
    International Trade and Economics
  • Graduate Teaching Assistant in Econometrics
  • University of Texas at Dallas, School of Business, Dallas, Texas 1995-1998
    Social and Political Environment of Business
    Antitrust Economics and the Regulation of Public Enterprises
    International Law and Trade Regulation
    Legal Environment of Business
    Public and Private Law
  • Our Lady of the Lake, San Antonio, Dallas Campus, Texas. 2001 to 2003.
    Statistics and Quantitative Methods for Management and Economics
    Macroeconomics
    Microeconomics
    Economic Analysis
    Business Law and Ethics
  • Texas Wesleyan University School of Law, Irving, Texas 1993-1995
    Antitrust Law and Regulation
    International Trade and Practice
    International Business Transactions

Professional Organizations, Activities, and Honors (Past and Present)

  • Academy of Legal Studies in Business
    Staff Editor for the American Business Law Journal 2009 to 2011.
    Reviewer for the American Business Law Journal, 2006-2008.
    Holmes-Cardozo Award for Distinguished Submitted Paper, 2006.
  • Pacific Southwest Academy of Legal Studies in Business
    Editor-in-Chief 2010 -preesent: Journal of Law, Business & Ethics
    President 2010-2011
    Conference Chair 2010
    Treasurer, 2009-2010
    Best Paper Award, 2008
  • American Economic Association
  • Association for Public Policy Analysis and Management
  • American Rehabilitation Economics Association
    Registered Forensic Economist 2006– Present.
    Registered Members are required to have testified at least twice in a judicial proceeding related to disability matters in either Social Security, Worker’s Compensation, Municipal, Superior or Federal Court. They also are required to submit two letters of reference from attorneys or judges asserting competency of testimony; official transcripts of their related degree(s); two work products; and at least one vocational certification if they are not an economic or financial consultant.
    President 2006-2007
    President-Elect 2005-2006
    At-Large Board Member (Elected May 2003–2006)
    Editor of The Earnings Analyst,
    The annual publication of the Association dedicated to the publication of peer-reviewed, quality manuscripts dealing with substantive research and practice issues in the areas of forensic vocational and economic evaluation and testimony (2003-2008).
    Associate Editor of The Earnings Analyst (2008-Present).
  • American Academy of Economic and Financial Experts
  • Association of American Law Schools
    Antitrust Section
    Law & Economics Section
    Socio-economic Section
  • American Law & Economics Association
  • National Association of Forensic Economics
  • The Econometric Society
  • The Mathematical Association of America
  • American Political Science Association
    Law and Courts Section
    Public Administration Section
    Public Policy Section
    Political Economy Section
  • American Bar Association
    Litigation Section
    Antitrust Litigation Committee
    Expert Witness Committee
    Trial Evidence Committee
    Section of Science and Technology
    Antitrust Law Section
    Economics Committee
    Sherman Act Section 1 Committee
    Sherman Act Section 2 Committee
    Business Torts and Unfair Competition Committee
    Publications Committee
  • Texas Bar Association
    Administrative & Public Law Section
    Antitrust and Business Litigation Section
    Business Law
  • Texas Bar Foundation–Fellow
  • Pro Bono College of the State Bar of Texas—recognized as an attorney in Texas who exceeded the State Bar’s expectations in providing pro bono services to the poor (2003).
  • Dallas Bar Association
    Antitrust Law and Trade Regulation Section
    Vice-Chair 2004
    Treasurer 2003
    Council Member 1993 to Present
    Business Litigation
    Employment Law
    Franchise/Distribution Law
    Tort & Insurance Law
  • Dallas Inn of Court–Barrister (1994-1995)
  • National Registry of Who’s Who in Law–Life Member
  • National Register’s Who’s Who in Executives and Professionals—Public Policy
  • National Register’s Who’s Who in Executives and Professionals–Economics

Additional Information

Professional and Academic Interest

  • Law and economics, applied micro-economics and policy, free enterprise, markets, corporate finance, the regulation of economic externalities, competition law, international and domestic antitrust and trade regulation, industrial organization, analysis of competitive and anti-competitive activity, international law and organizations, domestic and international trade politics and policy, developments in international political economy, unfair trade subsidies, statistical analysis of regulatory causes and effects, evaluation and quantification of economic damages, organizational theory and decision-making, game theory, applied statistics and econometrics, forecasting, law and policy, the integration of legal theory and the social sciences, research methodology, quantitative analysis, public administration, the study of law and statistics, constitutional law.