EDUCATION:

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.

EMPLOYMENT:

Academic:

University of La Verne College of Law, Ontario, California Summer 2004
Professor of Law, responsible for the presentation of course materials to graduate law students examining contract law, sales, remedies available aggrieved litigants, the interdisciplinary nature and application of law and economics, corporate finance and governance and the economic and legal principles of antitrust law and trade regulation including the antitrust system of remedies, the economic basis for antitrust and trade regulation, market power and market definition, monopolization, exclusionary practices, power and power-conduct relationships in monopolization and attempt, horizontal and vertical mergers, horizontal and vertical restraints of trade, distribution practices, vertical distribution restraints, tying arrangements, exclusive dealing and related practices, and the Robinson-Patman Act.

Full Professor (2010)
Associate Professor (2006)
Assistant Professor (2004)

Dual JD/MBA Degree Program Coordinator: 2004 to present.

Courses:

Contracts: 2005 to present.
Sales 2008 to present.
Corporate Finance 2010 to present
Law & Economics: 2004 to present.
Antitrust Regulation and Economics: 2004 to present.
Advanced Remedies and Forensic Economics 2011
Remedies: 2004 to 2006.

Committee Assignments:

Guiding Coalition Committee 2013-2014.
Strategic Planning Committee 2013-2014.
Curriculum Committee (Chair) 2013-2014.
Academic Standards Committee (Chair) 2013.
Admissions and Scholarship Committee: 2006 to 2013.
University of La Verne Space & Planning Committee 2010-2011.
Promotion & Tenure Task Force 2008-2010.
Personnel Committee: 2006-2009.
University of La Verne’s Search Committee for Dean of College of Business and Public Administration: Spring 2008.
Bar Passage and Graduate Success Committee: 2007-2008.
Curriculum Committee: 2005-2006.
Academic Standards and Exams & Grading Committee: 2004-2005.
Technology and Library Committee: 2004-2005.

Academic Awards and 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.

20012-2013 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:

Econrus, Inc., Los Angeles, California

Economic consultant responsible for coordinating, directing and testifying as to social science research and the utilization of social science methodology (i.e., economics, statistics, econometrics, cost benefit analysis, survey techniques, etc.) in state and federal court, as well as in other policy forums.

2009 –Present.

Institute for Policy Studies and Information Services, Dallas, Texas

Executive Director; responsible for coordinating and directing social science research regarding the utilization of social science/economic methodology (i.e., statistics, econometrics, public opinion polling, etc.) in the courtroom and other policy forums; assist in analyzing the qualifications of social science experts and the probative value of their offered opinions.
1994-2004

Law Offices of Kevin S. Marshall, P.C., Dallas, Texas 1994 –1996, 2000–2004

President and shareholder; concentration of practice is in state/federal civil procedure and commercial litigation; tried numerous state and federal court cases; knowledgeable in domestic and international trade regulatory framework, including state and federal antitrust and unfair competition laws, state and federal trademark laws, import and export regulations, customs, antidumping, countervailing duty and other import relief laws, contract law, general business law, environmental law, and healthcare antitrust.

Bickerstaff & Marshall, Dallas, Texas 1996 — 2000

Partner; concentration of practice is in state/federal civil procedure and commercial litigation; tried numerous state and federal court cases; knowledgeable in domestic and international trade regulatory framework, including state and federal antitrust and unfair competition laws, state and federal trademark laws, import and export regulations, customs, antidumping, countervailing duty and other import relief laws, contract law, general business law, environmental law, and healthcare antitrust.

Storey Armstrong Steger & Martin, P.C., Dallas, Texas 1985 — 1994

Associate; concentration of practice is in state/federal civil procedure and commercial litigation; tried numerous state and federal court cases; knowledgeable in domestic and international trade regulatory framework, including state and federal antitrust and unfair competition laws, state and federal trademark laws, import and export regulations, customs, antidumping, countervailing duty and other import relief laws, contract law, general business law, environmental law, and healthcare antitrust.

PROFESSIONAL AND ACADEMIC INTERESTS:

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.

PROFESSIONAL ORGANIZATIONS, ACTIVITIES AND HONORS (Includes Past and Present Affiliations):

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

LICENSURE:

Supreme Court for the State of Texas
Federal District Court for the Northern District of Texas
Federal District Court for the Eastern District of Texas
United States Court of International Trade
United States Court of Appeals for the Federal Circuit
Supreme Court for the United States of America

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).

PRESENTATIONS 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.

CONTINUING EDUCATION:

“Fourth Annual Conference on Entrepreneurship and Innovation,” Northwestern Law, Searle Center, Legal and Regulator Studies, June 16-17, 2011, Chicago, Illinois.

“Federalism and Separation of Powers: Safeguards of Liberty,” Liberty Fund Colloquium, February 26- March 1, 2009, New Orleans, Louisiana.

“Vocational Approaches 101,” William Houston Reed, Ph.D., 2008 American Rehabilitation Economics Association, May 15, 2008.

“Valuation for Lawyers,” Telestrat Education, www.onedaymba.org, September 12, 2007.

“Childhood Death Evaluations—New Jersey Law: Methodology for Estimating Loss of Advice, Counsel, Support and Companionship Along with Costs of Personal Maintenance,” Robert P. Wolf, Ed.D., MBA, at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“Determining Diminished Future Earning Capacity (DFEC); the California Model,” Enrique N. Vega, M.S., CRC, at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“LPE Approaches to Worklife,” Gary R. Skoog, Ph.D., , at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“Cultural Shock: Vocational Meets Economic,” Everett G. Dillman, Ph.D., at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“Arizona Industrial Case Law on the Earning Capacity of the Self-Employed,” J. Matthew Sims, M.C., M.S., at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“Infusing Ethics Throughout Your Company,” Shannon H. Shipp, Ph.D., CEA ’00, at the American Rehabilitation Economic Association Annual Spring Conference, May 2007.

“The Self-Employed and Damages: Legal, Vocational & Economic Perspectives, Derrick S. Boyd, Esq., Allyn Needham, Ph.D., R.F.E. ’99, CEA’00, William Houston Reed, Ph.D., CRE ’89, at the American Rehabilitation Economics Association Annual Spring Pre-Conference, May 2007.

“Estimating Damages in Antitrust/Business Litigation: Valuing a Lost Opportunity,” National Constitution Center, Legal Education, Web-Broadcast, Tuesday, July 18, 2006.

“Current Forensic Economic Issues in the Projection of Household Services,” Thomas R. Ireland, Ph.D., RFE ’00, American Rehabilitation Economics Association 2006 Annual Spring Conference, Reno, Nevada.

“Mistakes Experts Make—A Lawyer’s Point of View,” Lawrence J. Deneen, Ph.D., CRC, CEA ’00, and James M. Treppa, Attorney at Law, American Rehabilitation Economics Association 2006 Annual Spring Conference, Reno, Nevada.

“Small Business Owners—Special Considerations in Valuing their Economic Losses,” Nora C. Ostrofe, MBA, CEA ’05, AVA and Thomas B. Stephenson, MBA, AVA, American Rehabilitation Economics Association 2006 Annual Spring Conference, Reno, Nevada.

“Some Key Issues in Employment Termination Cases,” Edward Foster, Ph.D., Allyn Needham, Ph.d., Stephanie Rizzardi Pearson, MBA, James D. Rodgers, Ph.D., The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“Estimating Economic Damages in FELA Cases,” Christopher C. Pflaum, Ph.D., The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“Ethics in the Business World,” Shannon H. Shipp, Ph.D., The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“Life Expectancy: Statistical vs. Clinical Foundation Relevance for Life Care Plans: Median Survival Time vs. Life Expectancy—Probability of Living to Any Given Specific Age,” The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“Historical, Current and Future Interest Rates,” Gerald D. Martin, Ph.D., The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“The Sources and Uses of Growth and Discount Rate Data,” Allyn Needham, Ph.D. and Gene Trevino, Ph.D., The American Rehabilitation Economics Association 2005 Annual Spring Conference, Reno, Nevada.

“Assessing an Unfair Competition Case Under California Section 17200”, presented by Scott Martin (Weil, Gotshal & Manges LLP, Washington, D.C.), Craig Miller (President, The Miller Group, PLLC, Washington, D.C.), Michele C. Jackson (Member, Lieff, Cabraser, Heimann & Bernstein, LLP, San Francisco, CA), Dennis Stewart (Member, Hulett Harper Stewart, San Diego, CA), Gail Ellen Lees (Member, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA), and Gary L. Halling (Member, Sheppard, Mullin, Richter & Hampton, Los Angeles, CA), sponsored by the American Bar Association, Live Audio Webcast, January 26, 2005.

“Evolving Antitrust Treatment of Dominant Firms,” presented by Robin C. Feldman (University of California Hastings College of the Law), David McGowan (University of Minnesota Law School), A. Douglas Melamed (Esquire, Wilmer Cutler Pickering Hale and Dorr, Washington, D.C.), Steven C. Salop (Georgetown University Law Center), Howard A. Shelanski (University of California Berkeley School of Law) and Barbara Ann White (University of Baltimore School of Law), sponsored by the Antitrust Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“From Warren To Rehnquist and Beyond: Federalism as Theory, Doctrine, Practice, and Instrument,” presented by Edward Purcell, Jr. (New York Law School), Lynn A. Baker (The University of Texas School of Law), Erwin Chemerinsky (Duke University School of Law), Jesse H. Choper (University of California Berkeley School of Law), Reva B. Siegel (Yale Law School), and John Choon Yoo (University of California Berkeley School of Law), sponsored by the Federal Courts Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“Biology, Law and Economics,” presented by Dr. Robert Cooter, University of California Berkley School of Law, sponsored by the Socio-Economic Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“The Future of Socio-Economics,” presented by Morris Altman (University of Saskatchewan, Department of Economics, Saskatchewan, Canada), Robert Ashford (Syracuse University College of Law), William Black (LBJ School of Public Affairs, University of Texas, Austin, Texas), Margaret Friedlander Brinig (University of Iowa College of Law), Robert Cooter (University of California, Berkeley, California), Lynne L. Dallas (University of San Diego School of Law), James R. Hackney, Jr. (Northeastern University Shool of Law), Philip L. Harvey (Rutgers School of Law) sponsored by the Socio-Economic Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“Other Paradigms of Economic Thought: Leakage: The Bleeding of the American Economy,” presented by Peter H. Huang (University of Minnesota Law School), Demetri Kantarelis (Economics and Global Studies Dept., Assumption College, Worcester, Mass.), L. Randall Wray (Dept. of Economics, University of Missouri-Kansas City, Kansas City, Missouri) sponsored by the Socio-Economic Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“Economics and Culture,” presented by Margaret Friedlander Brinig (University of Iowa College of Law), William Jankowiak (Professor of Anthropology, University of Nevada, Las Vegas), Robert Odawi Porter (Syracuse University College of Law), Adrien Katherine Wing (University of Iowa College of Law) sponsored by the Socio-Economic Section of the Association of American Law Schools, San Francisco, California, January 6, 2005.

“Understanding Juries: Jury Persuasion,” sponsored by the Texas State Bar Association, MCLE # 71524, December 12, 2004.

“The Art of Counseling,” sponsored by the Texas State Bar Association, MCLE # 000069867 (online class), December 12, 2004.

“Practice Makes Perfect—Except in the Law,” sponsored by the Western San Bernardino County Bar Association at the Royal Cut Restaurant, San Bernardino, California, October 26, 2004.

“State of the Courts,” sponsored by the Western San Bernardino County Bar Association, at the Magic Lamp Inn, 8189 Foothill Blvd., Rancho Cucamonga, California, September 30, 2004.

“Ethics & Sanctions in the Federal Courts and Agencies,” sponsored by the Federal Bar Association Chapter IE, in the United States District Court, Riverside, California, August 26, 2004.

“Medical Foundations of a Life Care Plan”, Richard Bonfiglio, M.D., American Rehabilitation Economics Association’s Annual Meeting, Reno, Nevada, May 15, 2004.

“Doing Legal Research in Forensic Economics”, Thomas R. Ireland, Ph.D., Paul C. Taylor, Ph.D., American Rehabilitation Economics Association’s Annual Meeting, Reno, Nevada, May 14, 2004.

“Recent Developments in Worklife Expectancy and Years to Final Separation”, James E. Ciecka, Ph.D. and Gary R. Skoog, Ph.D., American Rehabilitation Economics Association’s Annual Meeting, Reno, Nevada, May 14, 2004.

“Damages Analysis in Railroad Personal Injury Litigation”, Thomas R. Ireland, Ph.D., James E. Ciecka, Ph.D., B. Clyde Hutchinson, J.D., and Gary Skoog, Ph.D., American Rehabilitation Economics Association’s Annual Meeting, Reno, Nevada, May 14, 2004.

“Experts in Employment Law Litigation”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Business Valuation of a Partner’s Interest in a Law Firm: Discussion and Demonstration”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Difficult Issues Relating to Lost Profits (Including Start-Up Businesses): Discussion and Demonstration”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Luncheon Panel: House Bill 4 Provisions on Offer of Settlement, and New Offer of Settlement Rule”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Litigating Contracts: Rules of Construction, Typical Defenses, Ambiguity, Parol Evidence, Summary Judgment, Expert Testimony, Jury Questions”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Are There Ethical Standards for Experts?” 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Recent Case Law Developments Regarding Qualifications & Reliability of Experts”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Admissibility of Fact, Lay Opinion & Expert Witness Evidence”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Types of Damages in Business Litigation”, 4th Annual Advanced Expert Witness Course, sponsored by Texas Bar CLE, City Place, Dallas, Texas, February 11, 2004.

“Antitrust: A Perspective from an FTC Commissioner”, sponsored by the Dallas Bar Association’s Business Litigation and Antitrust & Trade Regulation Sections, Dallas, Texas, January 23, 2004.

“The Valuation of Employee Stock Options Issued by Closely Held Firms”, Matthew O’Conner—Quinnipiac University, Sean Reid –University of New Haven & Steven Shapiro—University of New Haven, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 4, 2003.

“The Economics of Punitive Damages”, Patrick Gaughan PH.D., Fairleigh Dickinson University College of Business, at the panel discussion hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 4, 2003.

“Valuation and Damages for Franchised Businesses”, Patrick Anderson, Anderson Economic Group, LLC, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 4, 2003.

“National Health Spending Projections”, Stephen Heffler, Office of the Actuary, Centers for Medicare and Medicaid Services, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 4, 2003.

“Time Series Modeling of Regression Residuals: Improving Model Fit and Forecast Accuracy”, Carroll Foster PH.D., University of California , San Diego, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 3, 2003.

“Reconsidering and Extending the Conventional/Demographic and LPE Models: The LPd and LPi Restricted Markov Models”, Jim Cieka PH.D and Gary Skoog PH.D., Department of Economics of DePaul University, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 3, 2003.

“Predicting Reduced Worklife for Disabilities”, George McCollister & Chris Plaum, Spectrum Economics, Inc, at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 3, 2003.

“Disability Status and Worklife Expectancies: Evidence from Department of Labor Research”, Thomas Hale, PH.D., at the panel discussions hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 3, 2003.

“Markov Increment Decrement Worklife Tables in Forensic Economics: A Change of View”, Kurt Krueger, PH.D, Jack Ward Economics, Prairie Village Kansas, at the panel discussion hosted by the National Association of Forensic Economics in conjunction with the ASSA Meetings in San Diego, January 3, 2003.

“Post Litigation Activities and the Development of Special Needs Trusts: When the Rubber Really Hits the Road”, Donald E. Weeks (Chairman of Structured Annuities, Inc., Ft. Worth Texas), Gregory S. Love, (Attorney at Law, Love & Norris, Ft. Worth, Texas), Ronald R. Cresswell (Attorney at Law, Locke Liddell & Sapp, Dallas, Texas) and Kathy A. Christoffe (Trust Officer, Wells Fargo Bank, Fr. Worth TX). American Rehabilitation Economic Association Spring Conference, May 17, 2003.

“Catching Evasions, Ploys and Subterfuge in Reports of Life Care Planners and Vocational Experts: Refining and Extending the Red Flags Concept to Vocational Plans”. Penelope Caragonne, Ph.D., Caragonne and Associates, LLC, Ajijie, MX and Dallas, Texas, David B. Stein, Ph.D., Las Vegas, NV, and Jan Lowe, MS, Minneapolis, MN. American Rehabilitation Economic Association Spring Conference, May 17, 2003.

“Issues in Calculating Work Life Expectancy: Quantitative v. Qualitative Data”, Allyn Needham, Ph.D. (Shipp, Needham & Durham, Ft. Worth, Texas), Shannon Shipp, Ph.D. (Shipp, Needham & Durham, Ft. Worth, Texas), Michael Nieswiadomy, Ph.D (Department of Economics, University of North Texas, Denton, Texas). American Rehabilitation Economic Association Spring Conference, 17, 2003.

“The Victims Compensation Fund: Frameworks and Methods for Appraising Economic Loss”, Debroah E. Greenspan, Attorney at Law (Washington, D.C.), Deputy Special Master, 9/11 Victims Compensation Fund. American Rehabilitation Economic Association Spring Conference, May 16, 2003.

“The Best of Bad Testimony: Strategies and Techniques No Expert Should Ever Use—and Why”, Allyn Needham, Ph.D. and Gerald Martin, Ph.D., American Rehabilitation Economic Association Spring Conference, May 16, 2003.

“Calculating Vocational Loss, Economic Damages and Present Value”, Gerald Martin, Ph.D., and Mary Barros-Bailey, MA, American Rehabilitation Economic Association Spring Conference, May 15-16, 2003.

“Sports and Antitrust: How Much Has It Cost the Fans?”, Shepard Goldfein, Skadden Arps Slate Meagher & Flom, Sponsored by the Dallas Bar Associations’ Antitrust & Trade Regulation Section, November 19, 2002.

“An Introductory Look at the Chained Consumer Price Index”, Patrick Jackson and Steve Reed, U.S. Bureau of Labor Statistics, sponsored by the U.S. Bureau Labor Statistics and the U.S. Federal Reserve Bank, Dallas, introducing and discussing the Bureau of Labor Statistics’ methodological developments utilized in its calculation of its new CPI index called the Chained Consumer Price Index for All Urban Consumers supplementing its existing indexes already produced by the BLS: the CPI for All Urban Consumers (CPI-U) and the CPI for Urban Wage Earners (CPI-W), Federal Reserve Bank—Dallas, Texas, March 8, 2002.

“Developments in International Antitrust: Enforcement and Harmonization”, Ky Ewing, Vinson & Elkins, Washington, D.C., sponsored by the Dallas Bar Association’s Antitrust & Trade Regulation Section, January 15, 2002.

“Questions and Answers with Michael Katz, United States Department of Justice’s Chief Antitrust Economist,” sponsored by the Economics and Communications Industry Committee of the American Bar Associations Antitrust Section, IPSIS Center for Analysis, Dallas, Texas, December 5, 2001.

“Issues of Worklife Expectancy, Methodologies of Developing Useable Data and the U.S. Bureau of the Census”, Tony Gamboa, Jr., PhD, MBA, Gary Skoog, Ph.D., James Ciecka, PhD, Dave Gibson, MBA, CPA, Ronald Missun PhD, James Rodger, PhD, sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 19, 2001.

“The Economics of Annuities”, Anthony H. Riccardi, MA, MBA, sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 19, 2001.

“Determining Earning Capacity Mitigation”, William H. Reed, Ph.D., David C. Toppino, CRE, and Lindette L. Mayer, Ph.D., sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 19, 2001.

“Disability Data Panel, A Panel Discussion on Earnings and Work Experience of Disabled Workers: Data for Assessment, James D. Rogers, Ph.D., Dave Gibson, MBA, CPA, Robert Male, Ph.D., Lindette L. Mayer, Ph.D., and Gary Skoog, Ph.D., sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 18, 2001.

“Psychological Factors & Their Impact on Earning Capacity”, David Orlowski, M.S., sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 18, 2001.

“Medical Aspects of Life Care Planning”, Richard P. Bonfiglio, M.D., sponsored by the American Rehabilitation Economics Association, Annual Spring Conference 2001, Reno Nevada, May 18, 2001.

“Economic Analysis and the Federal Trade Commission, Dr. Jeremy Bulow, Head Economist at the Federal Trade Commission, sponsored by the Economics Committee of the American Bar Association’s Antitrust Section, March 15, 2001.

“Understanding and Analyzing Financial Statements”, Douglas Smith Seminars, Dallas, Texas, March 9, 2001.

“Antitrust Innovations or Missed Opportunities in U.S. v. Microsoft, Professor Tim Brennan, Professor, Policy Sciences and Economics, University of Maryland, Baltimore County, American Bar Association, Antitrust Section, Economics Committee, Washington, D.C., teleconferencing hosted by Gibson, Dunn & Crutcher, Dallas, Texas, February 21, 2001.

“Advanced Expert Witness Course”, State Bar of Texas Continuing Legal Education, Dallas, Texas February 1-2, 2001.

“Ethical Negotiation and Mediation”, Texas State Bar Continuing Legal Education, April 5, 2000.

Recent Developments@, Sherman Act Section 1 Committee Presentation at the Annual American Bar Association’s Section of Antitrust Law, Washington, D.C., April 3, 1998.

Jury Selection in Complex Antitrust Cases@, Annual Meeting for the American Bar Association’s Section of Antitrust Law, Washington, D.C., April 2, 1998.

Strategic Alliances, Ancillary Restraints and the rule of Reason: From Addyston Pipe to the Here and Now@, Chair’s Showcase Program at the Annual Meeting for the American Bar Association’s Section of Antitrust Law, Washington, D.C., April 2, 1998.

Practical Guide to Using Econometrics Experts@, Economics Committee Presentation at the Annual Meeting for the American Bar Association’s Section of Antitrust Law, Washington, D.C., April 2, 1998.

Proving Unilateral Effects and Efficiencies in Merger Cases: A Demonstration@, Annual Meeting for the American Bar Association’s Section of Antitrust Law, Washington, D.C., April 1, 1998.

Lies, Damned Lies and Statistics: Using Econometrics Against the Government in a Post-Staples World@, Government Antitrust Litigation Committee Presentation at the Annual Meeting for the American Bar Association’s Section of Antitrust Law, Washington, D.C., April 1, 1998.

Antitrust Fundamentals@, American Bar Association’s Section of Antitrust Law, Washington, D.C., April 1, 1998.

Antitrust Enforcement Initiatives: Current and Prior Administrations@, James F. Rill, Senior Partner in the Washington D.C. law firm of Collier, Shannon, Rill & Scott and former head of U.S. Department of Justice Antitrust Division, sponsored by the Dallas Bar Association’s Antitrust & Trade Regulation Section, June 30, 1997.

Roundtable Conference with Enforcement Officials@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 11, 1997.

Hot Topics in Antitrust and Consumer Protection@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 10, 1997.

Back to the Future: Antitrust in the 21st Century@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 10, 1997.

Leveraging: The Legality of a Monopolist’s Efforts to Increase Sales in Related Markets@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 9, 1997.

Current Issues in Market Definition and Market Power: Are Brown Shoe Submarkets Back?@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 9, 1997.

Antitrust Fundamentals@, American Bar Association’s Section of Antitrust Law, Washington, D. C., April 9, 1997.

Antitrust Law Developments–Current and Future@, Professor Lino A. Graglia, University of Texas School of Law, sponsored by the Dallas Bar Association’s Antitrust & Trade Regulation Section, December 16, 1996.

Federal Trade Commission Developments@, Robert Pitofsky, Federal Trade Commission Chairman, sponsored by the Dallas Bar Association’s Antitrust & Trade Regulation Section, Dallas, Texas, September 30, 1996..

Antitrust Developments Affecting the Health Care Industry@, Mark D. Whitner, Deputy Director, Federal Trade Commission, Bureau of Competition, sponsored by the Dallas Bar Association’s Antitrust & Trade Regulation Section, Dallas, Texas, July 29, 1996.

Recent Antitrust and Business Law Developments–Discussions of Several Recent Significant Antitrust Cases inn Texas@, Don D. Bush, Craddock & Reneker, Dallas, Texas; W.D. Masterson, Kilgore & Kilgore, Dallas, Texas; and Tim Evans, Fort Worth, Texas, jointly sponsored by the Dallas Bar Association’s Business Litigation and Antitrust & Trade Regulation Sections, Dallas, Texas, June 21, 1996.

Tying Arrangements@, Karen Brown Willcutts, Strasburger Price, Dallas, Texas, sponsored by the Dallas Bar Association’s Antitrust and Trade Regulation Section, Dallas, Texas, January 29, 1996.

A Practical Guide to Multi-State Antitrust Enforcement Actions@, Thomas Greene, Assistant Attorney General, Antitrust Division, California Department of Justice, sponsored by the Dallas Bar Association, Dallas, Texas, January 30, 1995.

Free Trade for the Americas: Issues in Economics, International Trade Policy and Law, a conference sponsored by the Baylor School of Law, the Hankamer School of Business and the Embassy of Canada, Waco Texas, November 11-12, 1994.

Healthcare–Important Issues and Trends, Ky P. Ewing, Jr., Vinson & Elkins, L.L.P., Washington, D.C., Dallas Bar Association, Dallas, Texas, November 7, 1994.

Pushing the Envelope–Information Exchanges, Benchmarking and Gathering Intelligence About Competitors, Mark D. Whitener, Acting Deputy Director, Bureau of Competition, Federal Trade Commission, Dallas Bar Association, Dallas, Texas, September 29, 1994.

Antitrust Policy In The Clinton Administration, Honorable Anne K. Bingaman, Assistant Attorney General, Antitrust Division, U.S. Department of Justice, Dallas Bar Association, Dallas, Texas, July 27, 1994.

Annual International Trade Update, Georgetown University Law Center Continuing Legal Education Division, Washington, D.C., June 23-24, 1994–scholarship recipient.

State Regulation of Predatory Pricing through Unfair Competition Actions, Peter G. Kumpe, William & Anderson, Dallas Bar Association, Dallas, Texas, March 31, 1994.

Importer Preparation For NAFTA Seminar, American Association of Exporters and Importers, Southwest Chapter, March 1, 1994.

Department of Justice Current Antitrust Enforcement Initiatives in International Transactions and Matters, Diane P. Wood, Deputy Assistant Attorney General, Dallas Bar Association, Dallas, Texas, January 31, 1994.

1994 North American Free Trade Agreement Symposium, Southern Methodist University School of Law, Dallas, Texas, January 27-28, 1994.

Health Care Antitrust Enforcement at the FTC, Roscoe Burton Starek, III, Commissioner, U.S. Federal Trade Commission, Dallas Bar Association, Dallas, Texas, 1993.

Competition and Collaboration: High-Technology Alliances, Richard Thursten, Ph.D., Vice President, Corporate Staff and Assistant General Counsel of Texas Instruments and T Yoshitami Arai, Chairman of Systems International Incorporated, Tokyo, Informart, Dallas, Texas, 1993.

Mexican Federal Law of Economic Competition, Jose Maria Abascal, Mexico’s delegate to the United Nations Commission on International Trade Law, Dallas Bar Association, Antitrust and Trade Regulation Section, Texas, 1993.

Antitrust and Consumer Fraud in the Health Care Industry, co-sponsored by the Section of Antitrust Law of the American Bar Association, the Health Law Section of the State Bar of Texas, the Antitrust and Business Litigation Section of the State Bar of Texas and the Texas Medical Association, Houston, Texas, 1993.

Expected Enforcement of the Antitrust Laws During the Clinton Administration, Janet L. McDavid, member of the FTC transition team, Dallas Bar Association, Antitrust and Trade Regulation Section, Dallas, Texas, 1993.

Protecting the Record, The Rutter Group of Texas, Dallas, Texas, 1993.

Export Licensing and Compliance Seminar, Bureau of Export Administration and the U.S. & Foreign Commercial Service, World Trade Center, Dallas, Texas, 1993.

New Trends in FTC Antitrust Enforcement, Commissioner Deborah K. Owen, Federal Trade Commission, Dallas Bar Association, Antitrust Section, 1992.

Privatization of a Nationalized Oil Industry, Example of Yacimientos Petroliferos Fiscales (YPF) in Argentina, Dallas Bar Association, International Law Section, Dallas, Texas, 1992.

The North American Free Trade Agreement: Examining The Agreement, The Texas Young Lawyers Association, Dallas, Texas, 1992.

U.S.A. Exports Promotion Program, U.S. Department of Commerce and the International Trade Resource Center of the Greater Dallas Chamber, Dallas, Texas, 1992.

Symposium on Private Investments Abroad, Southwest Legal Foundation International Comparative Law Center, Dallas, Texas, 1992.

Use of an Economist and an Accountant as Expert Witnesses, Dallas Bar Association, Antitrust Section, Dallas, Texas, 1992.

Advanced International Litigation and Arbitration Course, State Bar of Texas Professional Development Program, Dallas, Texas, 1991.

International Trade Workshop: Antidumping and Countervailing Duty Computations, Scholarship Recipient, Georgetown University Law Center, Washington, D.C., 1991.

Expanding Abroad: International Licensing, Franchising & Product Distribution, The University Of Texas School of Law Continuing Legal Education, Dallas, Texas, 1990.

International Law Conference, Texas Tech University School of Law and the Texas Young Lawyers Association, Dallas Texas, 1990.

REFERENCES:

Available upon request.