Joseph Dellapenna
Encyclopedia
Joseph W. Dellapenna is a Professor of Law at Villanova University School of Law
Villanova University School of Law
Villanova University School of Law is the law school of Villanova University, the oldest and largest Catholic University in Pennsylvania. Villanova was founded 150 years ago by the Augustinians, a prominent Roman Catholic teaching order...

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Academic Background

Professor Dellapenna holds a B.B.A. with distinction earned at the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...

 in 1965, a J.D. cum laude from the Detroit College of Law earned in 1968, an LL.M. in Public International & Comparative Law from George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...

 completed in 1969 and an LL.M. in environmental law from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...

 completed in 1974. Dellapenna has been admitted to practice as an attorney in Michigan and also for cases before the United States Supreme Court.

Before joining the Villanova faculty in 1976, he was an Assistant Professor of Law at Willamette University College of Law
Willamette University College of Law
Willamette University College of Law is a private law school located in Salem, Oregon, United States. Founded in 1842, Willamette University is the oldest university in the Western United States...

 and an Associate Professor of Law at the University of Cincinnati
University of Cincinnati
The University of Cincinnati is a comprehensive public research university in Cincinnati, Ohio, and a part of the University System of Ohio....

. He has also held senior Fulbright lectureships at National Chengchi University
National Chengchi University
National Chengchi University is a prestigious public university at Muzha in Wenshan District, Taipei City, Taiwan. It is well-known for its concentration on the social sciences, law, commerce, communication, liberal arts and for its MBA programs....

 in the Republic of China (Taiwan) (1978-79) and at Jilin University
Jilin University
Jilin University is a leading national university under the direct jurisdiction of China's Ministry of Education.-History:Founded in 1946 as the Northeast College of Administration in Harbin, Heilongjiang, Jilin University merged with many Universities and colleges and changed its name many times...

 in the People’s Republic of China (1987-88), and was a Fulbright senior researcher with the Directory General of Natural Resources of the Republic of Portugal (1990), as well as visiting professor at Detroit College of Law, Widener University
Widener University
Widener University is a private, coeducational university located in Chester, Pennsylvania.Its main campus sits on 108 acres , just southwest of Philadelphia...

, and the Ohio State University
Ohio State University
The Ohio State University, commonly referred to as Ohio State, is a public research university located in Columbus, Ohio. It was originally founded in 1870 as a land-grant university and is currently the third largest university campus in the United States...

. He is a regular visiting lecturer at the University of Macau
University of Macau
The University of Macau, ;, established in 1981, was the first and currently the largest university in Macau, a former Portuguese colony. It was formerly known as University of East Asia , and was renamed the University of Macau in 1991. The university offers about 100 Doctoral, Master's and...

 and holds a three-year appointment as an Adjunct Professor of Law at the University of South Australia
University of South Australia
The University of South Australia is a public university in the Australian state of South Australia. It was formed in 1991 with the merger of the South Australian Institute of Technology and Colleges of Advanced Education. It is the largest university in South Australia, with more than 36,000...

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Water Law

Dellapenna is best known for his work on water law, ranging from the local to the national to the international levels. In addition to teaching a course of his own design on Managing the Water Environment, he has served as a consultant to governments on three continents regarding water law reform and on transboundary water disputes. He has also taught related courses on Environmental Law, International Trade and the Environment, Natural Resources Law, and Ocean and Coastal Law. He represented the Connecticut Water Works Association in City of Waterbury v. Town of Washington, 260 Conn. 506, 802 A.2d 1102 (2002), persuading the Connecticut Supreme Court to adopt a significant reinterpretation of Connecticut water law. He is also a major contributor to Waters and Water Rights (LexisNexis: Newark, NJ, multiple ed., various dates) the standard treatise of the topic, being responsible nearly the whole of volumes 1 and 3 and parts of volumes 2, 5, and 6, of the eight volume treatise. He has also written articles and books on water law, most notably “The Importance of Getting Names Right: The Myth of Markets for Water,” William & Mary Environmental Law and Policy Review, vol. 2:317-77 (2000).

Dellapenna has been Director of the Model Water Code Project of the American Society of Civil Engineers
American Society of Civil Engineers
The American Society of Civil Engineers is a professional body founded in 1852 to represent members of the civil engineering profession worldwide. It is the oldest national engineering society in the United States. ASCE's vision is to have engineers positioned as global leaders who strive toward...

 since 1996 and served as Rapporteur of the Water Resources Committee of the International Law Association from 1996 to 2004. As Director of the Model Water Code Project, he led in the drafting of the Appropriative Rights Model Water Code and the Regulated Riparian Model Water Code, and supervised the preparation of Model Agreements for Sharing and Use of Transboundary Waters and Model Water Regulations for Administration and Trading in Humid Areas. As Rapporteur, he led the revision of the Helsinki Rules, the generally recognized summary of the customary international law on water resources, a revision that resulted in the International Law Association’s approval in August 2004 of the Berlin Rules on Water Resources to replace the Helsinki Rules. He has served as chair of the Water Regulatory Standards Committee of the Environment and Water Resources Institute of the American Society of Civil Engineers since 1996 and as Vice-Chair of the Standards Development Council of the Institute since 2006. He also is co-chair of the Committee on International Environmental Law of the Section of International Law and Practice of the American Bar Association.

International and Comparative Law

Dellapenna has taught and practiced extensively in the area of international and comparative law. Among the courses he has taught in this area are: Admiralty, Chinese Law, Comparative Law, Conflicts of Law (Private International Law), Law of the Sea, Public International Law, and Transnational Litigation, as well as the already mentioned courses on International Trade and the Environment and on Ocean and Coastal Law. He has represented clients, consulted with attorneys and governments, and served as an expert witness in litigation in the United States and other countries. He is particularly well known as an expert on foreign state immunity and works frequently on such cases. His book, Suing Foreign Governments and Their Corporations (1st ed., The Bureau of National Affairs: Washington, DC 1988; 2nd ed., Transnational Publishers: Ardsley, NY 2003) was described by one book reviewer as the "bible" for liti¬gation under the Foreign Sovereign Immunities Act of 1976. The book was cited by both Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...

 (writing for the majority) and Justice John Paul Stevens (writing in dissent) in Saudi Arabia v. Nelson, 507 U.S. 349 (1993), as well as in numerous lower courts, as authoritative for the interpretation of the Act. He has also written numerous other articles on the above topics.

Perhaps Dellapenna’s most noteworthy litigation was as co-counsel for the family of Raoul Wallenberg in a case brought by Wallenberg’s half-brother, Guy von Dardel
Guy von Dardel
Guy von Dardel, born August 26, 1919 in Stockholm, died August 28, 2009 in Geneva, was a Swedish physicist who did research in particle physics and participated in the establishment of CERN....

. Von Dardel v. U.S.S.R., 623 F. Supp. 246 (D.D.C. 1985). Although the judgment subsequently was vacated, 736 F. Supp. 1 (D.D.C. 1990), the Soviet government then opened its records to the family regarding Wallenberg’s fate, resulting in a report jointly released by the Swedish and Russian governments in 2000 confirming Wallenberg’s murder in 1947. Dellapenna’s work on this case was recognized with his award of the Wallenberg medal by the Raoul Wallenberg Foundation in 2008. His work was also featured prominently in a book about Wallenberg and the efforts to secure his release: Alan Gersten, A Conspiracy of Indifference: The Raoul Wallenberg Story 200-82 (2001).

Dellapenna chaired the Committee on International Litigation of the Section of International Law and Practice of the American Bar Association from 1993-1995 and the Section’s Committee on Chinese Law from 1995-1999. He was a member of the Working Group of the Section of International Law and Practice of the American Bar Association that drafted a proposed set of amendments to the Foreign Sovereign Immunities Act that the Association’s House of Delegates approved in 2002.

Other Fields of Law: Dellapenna has also taught several courses on contracts and commercial law and occasionally serves as an attorney in such cases. This includes more than 20 years in teaching basic contracts. He has also developed a special interest in the history of abortion and abortion law in England and America. This led to his book, Dispelling the Myths of Abortion History (Carolina Academic Press: 2006), a book that several reviewers has described as "definitive". He has also presented amicus briefs on the history of abortion in three cases before the Supreme Court of the United States and several lower courts.

Honors

Dellapenna was awarded the Raoul Wallenberg Medal by the Raoul Wallenberg Foundation for his work on litigation seeking to determine what became of Wallenberg, a hero of the holocaust who disappeared after World War II. He has also been selected as a distinguished lecturer several times.
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