Kevin S. Marshall
Professor of Law
Ph.D., University of Texas, Dallas
J.D., Emory University School of Law
M.P.A., University of Texas, Dallas
B.A., Knox College
Professor Marshall joined the faculty in 2004 after several years of private practice in the fields of law and economics.
Professor Marshall has extensive teaching experience and has written for legal and economics publications. He has also served as an expert witness with respect to economic issues addressed in both state and federal courts.
Professor Marshall is an active member of several professional organizations, including the American Bar Association, the American Economic Association, the National Association of Forensic Economists, the American Academy of Economic and Financial Experts, The Econometric Society, and the Association for Public Policy Analysis and Management. He is also co-editor of The Earnings Analyst, the annual publication of the American Rehabilitation Economics Association.
Professor Marshall, along with Professor Juanda Daniel, received the 2006 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."
Courses
Contracts
Remedies
Antitrust Law
Law and Economics
Publications
Books
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, forthcoming, Fall 2006.
Measuring Loss in Catastrophic Injury Cases, (Kevin S. Marshall & Thomas R. Ireland, eds), Lawyers & Judges Publishing, 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 in 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
"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. & Emp. L. (forthcoming).
"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," THOMAS M. COOLEY LAW REVIEW, forthcoming.
"Ordinary Annuities, A Technical Note," with Mariam Margaryan, THE EARNINGS ANALYST, Vol. IX (Spring 2007).
"Avoiding Economic Waste in Contract Damages: Myths, Misunderstanding and Malcontent," submitted for publication in May 2006 (co-authored with Professor Juanda L. Daniel) - Winner of Academy of Legal Studies in Businesses 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 Review: Armies of the Young: Child Soldiers in War and Terrorism, David M. Rosen (New Brunswick: Rutgers University Press, 2005), University of La Verne College of Law Journal of Juvenile Law, forthcoming.
"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).
Edited Journals
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
Eleven Lin, Inc. d/b/a Permian Basis 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 Texas Wesleyan L. R. 467, 1996).
Citations in Other Works
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," St. John's Journal of Legal Commentary, St. John's University School of Law, Volume 19, Issue 19, 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," St. John's Journal of Legal Commentary, St. John's University School of Law, Volume 19, Issue 19, 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," The Review of Litigation, University of Texas School of Law, Volume 24, Issue 3, 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," St. John's Journal of Legal Commentary, St. John's University School of Law, Volume 19, Issue 19, 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," The Review of Litigation, University of Texas School of Law, Volume 24, Issue 3, 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," St. John's Journal of Legal Commentary, St. John's University School of Law, Volume 19, Issue 19, Winter/Spring 2005.)
Academic Awards and Honors
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 University of La Verne College of Law Student Bar Association Professor of the Year.
Journals for which Served as Peer Reviewer and/or Consultant
The Yale Law Journal
The Journal of Legal Economics
The American Business Law Journal
The Earnings Analyst
Presentations
(Since 2004)
"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 Economics 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.
Contact Information
Kevin S. MarshallProfessor of Law
University of La Verne College of Law
320 East D Street
Ontario, California 91764
USA
Tel: (909) 460-2030
Fax: (909) 460-2081
E-mail: kmarshall@laverne.edu