Scholarship | Biographical Note

Biographical Note

Professor Rosenberg has been an alternative dispute resolution advisor to both the Judicial Council of California and the United States District Court for the Northern District of California, as well as a faculty member for the California Judicial Education and Research Institute. He is a member of the mediation and arbitration panels of the American Arbitration Association, a member of the mediation and early neutral evaluation panels of the United States District Court for the Northern District of California, and a psychology fellow at California Pacifica Medical Center. Rosenberg has been a visiting professor at the law schools of New York University, UC Berkeley, and Stanford University.

Education

BA, Case Western Reserve University
EdD, University of San Francisco

Scholarship

Josh Rosenberg's SSRN Page

Books

The Law of Federal Income Taxation (West Publishing Hornbook Series) (2008) (with Dominic Daher).

Fundamentals of Business Enterprise Taxation (Westbury, N.Y.: Foundation Press, 1997, 3d ed. 2005, 4th ed. 2008) (with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope).

Fundamentals of Corporate Taxation: Cases and Materials, (Westbury, N.Y.: Foundation Press, 1984, 6th ed. 2005, 7th ed. 2008) (with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope).

Fundamentals of Partnership Taxation, (Westbury, N.Y.: Foundation Press, 1983, 7th ed. 2005, 8th ed. 2008) (with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope).

Articles

"The Inherent Structure of Free Speech Law: Government as Patron or Regulator in the Student Speech Cases," (forthcoming 2009) (co-authored with Joshua Paul Davis). [SSRN]

"The Immanent Structure of Free Speech Doctrine: Bong Hits, Jesus, and the Role of the Public Schools in Controlling Student Speech," (co-authored with Joshua Paul Davis). [SSRN]

"Narrowing the Tax Gap: Behavioral Options," 117 Tax Notes 517 (2007).

"There Are No 'Straightforward' Conversations," The Complete Lawyer (2007) (online publication).

"One Law School Course You Should Not Miss," The Complete Lawyer (2007) (online publication).

"A Reply to Professor White," 32 Ohio Northern University Law Review 311 (2006). [SSRN]

"Tax Aspects of Incentive Compensation Disgorgement: Good Motives Raise Serious Questions About Deductibility," Daily Tax Report, Issue No. 166 (BNA, August 29, 2005) (with Dominic L. Daher).

"Interpersonal Dynamics: Helping Lawyers Learn the Skills, and the Importance of Human Relationships in the Practice of Law," 58 Miami Law Review 1225 (2004). [SSRN]

"Teaching Empathy in Law School," 36 University of San Francisco Law Review 621 (2002). [SSRN]

"A Helpful and Efficient IRS: Some Simple and Powerful Suggestions," 88 Kentucky Law Journal 33 (1999-2000). [SSRN]

"The Psychology of Taxes: Why They Drive Us Crazy and How We Can Make Them Sane," 16 Virginia Tax Review 155 (1996). [SSRN]

"Alternative Dispute Resolution: an Empirical Analysis," 46 Stanford Law Review 1487 (1994) (with Jay Folberg). [SSRN]

“Fear and Loathing on the Road to Settlement," Legal Times, p. 59, col. 1 (September 26, 1994) (with Sara Goren).

"Mandatory Mediation," National Law Journal, Special ADR Issue (1994).

"The Psychology of Mediation," The Recorder, Special Supplement on ADR (1994).

"The Use of Mediation in Small Claims Courts," 9 Ohio State Journal on Dispute Resolution 55 (1993) (with Susan Raitt, Robert Barrett, and Jay Folberg). [SSRN]

"Use of ADR in California Courts: Findings & Proposals," 26 University of San Francisco Law Review 343 (1992) (with Robert Barrett and Jay Folberg). [SSRN]

"In Defense of Mediation," 33 Arizona Law Review 467 (1991). Reprinted in Riskin, Westbrook, et al., Dispute Resolution and Lawyers (West 2005), 30 Family & Conciliation Courts Review 422 (1992); Tracht-Huber & Haker, Alternative Dispute Resolution: Strategies for Law and Business (Bender 1997). [SSRN]

"Tax Avoidance and Income Measurement," 87 Michigan Law Review 365 (1988). [SSRN]

"Better to Burn Out Than to Fade Away? Tax Consequences on the Disposition of a Tax Shelter," 71 California Law Review 87 (1983). [SSRN]

Presentations and Lectures

Presenter, "Interpersonal Dynamics," at the Institute for Law Teaching and Learning Conference, "Implementing Best Practices and Educating Lawyers: Teaching Skills and Professionalism across the Curriculum" (2009).

Psychology and Tax, Harvard Tax Policy Seminar (1994).

Noninterest Analogues, Eagle Lodge Seminar for Government (1988) (with Daniel Halperin).

New Financial Instruments, New York University Corporate Tax Planning Workshop (1988).

Taxation of Financial Instruments, New York University Graduate Tax Workshop XIX (1988).

“The Step Transaction Doctrine in Corporate Tax," New York University Institute on Corporate Taxation (1986).

Numerous lectures and panels before national, state and local Bar groups, US Congressional Committees, and California state agencies.

Television and radio appearances on issues including dispute resolution and taxation.

Host of “Psychtalk,” weekly radio show.

Media