Joshua D. Rosenberg

Professor Joshua D. Rosenberg has two main areas of expertise: (1) tax law, and (2) psychology of lawyers and laws.

Professor Rosenberg is the co–author of leading treatises in federal income tax and in corporate tax, as well as co-author of the nation’s leading casebooks in corporate tax, partnership tax, and taxation of business enterprises. His many scholarly tax articles have been published in journals including the California Law Review, Michigan Law Review, Stanford Law Review, and Virginia Law Review. In addition, Rosenberg has consulted with U.S. senators, the Senate Finance Committee, and the California Franchise Tax Board to devise, enact, and implement tax legislation and regulations.

Rosenberg has long been at the forefront of bringing an understanding of human behavior and psychology to law schools, courts, and congress. He was among the first in the nation to create and develop law school courses (and live-client clinics) in negotiation, mediation, and client counseling. More recently, he has been among the first in the nation to develop courses in communication skills and emotional intelligence for lawyers. Rosenberg has also served as alternative dispute resolution advisor and consultant to both the Judicial Council of California and the U.S. District Court for the Northern District of California. In that role he worked with the federal and state courts to establish leading programs in court-related mediation and other forms of alternative dispute resolution. He has also been a faculty member for the California Judicial Education and Research Institute, where he taught alternative dispute resolution to judges. His articles on mediation and on interpersonal dynamics have been published in the Stanford Law Review, the Arizona Law Review, Miami Law Review, and many other journals, and have been reprinted in numerous books on ADR. He is also a member of the mediation and arbitration panels of the American Arbitration Association and a member of the mediation and early neutral evaluation panels of the U.S. District Court for the Northern District of California.

Rosenberg has been a visiting professor at the law schools of New York University, UC Berkeley, and Stanford University.

• Alternative Dispute Resolution
• Humanizing Legal Education
• Mediation
• Negotiation
• Taxation
• Trial Advocacy

• BA, Case Western Reserve University
• Ed. D, University of San Francisco
• JD, New York University
• LLM, New York University

• Director, Civil Rights Project, Neighborhood Legal Aid Society, in Richmond, Va
• Trial Attorney, U.S. Dept. of Justice
• Law Clerk, United States Court of Appeals for the Fourth Circuit

• Distinguished Professor Award, USF School of Law (1983, 1984, 1986)

• Practical Guide to Corporate Taxation (CCH/Wolters Kluwer, 2012) (Co-authored with Adjunct Professor Dominic Daher and Steve Johnson.)
• Fundamentals Of Corporate Taxation (Westbury, NY: Foundation Press, July, 1985, Seventh Edition 2008) (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
• Fundamentals of Business Enterprise Taxation (Westbury, N.Y.: Foundation Press, 1997, Third Edition 2005, Fourth Edition 2008) (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
• Fundamentals of Partnership Taxation (Westbury, N.Y.: Foundation Press, 1983, Seventh Edition 2005, Eighth Edition 2008) (Co-authored with Stephen A. Lind, Stephen Schwarz, and Daniel J. Lathrope.)
• The Law of Federal Income Taxation (West Publishing Hornbook Series, 2008) (Co-authored with Dominic Daher.)

• “From Four Part Tests to First Principles: Putting Free Speech Law into Perspective,” St. John's Law Review (2012).
• “Government as Patron or Regulator in the Student Speech Cases,” 83 St. John’s Law Review 1047 (2010). (Co-authored with Professor Joshua Davis.) SSRN
• “The Inherent Structure of Free Speech Law,” 19 William and Mary Bill of Rights Journal 131 (2010). (Co-authored with Professor Joshua Davis.) SSRN
• “Narrowing the Tax Gap: Behavioral Options,” 117 Tax Notes 517 (2007).
• “A Reply to Professor White,” 32 Ohio Northern University Law Review 311 (2006). SSRN
• “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 (1996). (With Jay Folberg) SSRN
• “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