It has been a busy and productive fall semester for professors at UC Hastings. Here’s the latest on engaged scholarship at UC Hastings.
Books in Print
Professor Evan Lee has published a new edition of the casebook Federal Courts: A Contemporary Approach.
Articles and Chapters in Print
Professor David Faigman has published Wading into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California in the Hastings Law Journal. The article reviews a recent California Supreme Court decision on expert testimony, noting that it moved California law closer to the federal approach but that differences remain.
Professor Faigman has also published Neuroscientists in Court in Nature Reviews Neuroscience, cautioning that scientific facts can be easily misunderstood by non-scientists, including judges and jurors.
Professor Richard Marcus has published Procedural Postcard from America in the Russian Law Journal. The article reports on the most recent reform package for the U.S. federal courts.
Professor Marcus has also published "America's Dynamic and Extensive Experience with Collective Litigation" in the book Resolving Mass Disputes: ADR and Settlement of Mass Claims.
Professor Leo Martinez has published Curriculum Developments in American Law Schools in the Twenty-First Century in the China-EU Law Journal.
Professor Naomi Roht-Arriaza has published a chapter entitled Reparations and Economic, Social and Cultural Rights in Justice and Economic Violence in Transition (2013).
Professor Roht-Arriaza has also published the Editorial for a Special Issue of the International Journal of Transitional Justice, which she edited, entitled "Transitional Justice and International Criminal Justice."
Professor Jodi Short has published Self-Regulation in the Regulatory Void: ‘Blue Moon’ or ‘Bad Moon’? in the Annals of the American Academy of Political and Social Science. The article explores the consequences of adopting self-regulation under conditions of failed or deficient government regulation.
Professor Short has also published Competing Normative Frameworks and the Limits of Deterrence Theory: Comments on Baker and Griffith’s Ensuring Corporate Misconduct in Law & Social Inquiry, which discusses the failure of deterrence theory to address adequately noncompliant behavior that springs not solely from material self-interest, but from adherence to an alternative set of norms (like shareholder-value maximization), and explores the possibility of viewing corporate compliance as a norm-change project.
Professor Joan Williams has published The End of Men?: Gender Flux in the Face of Precarious Masculinity in the Boston University Law Review.
Professor Hadar Aviram has three articles forthcoming: Reintegrating Citizens: Felon Enfranchisement, Realignment, and the California Constitution in the Journal of Civil Rights and Economic Development; "The Inmate Export Business and Other Financial Adventures: Correctional Policies for Times of Austerity" in the Hastings Race & Poverty Law Journal; and "Check, Pleas...: Toward a Jurisprudence of Defense Ethics in Plea-Bargaining" in the Hastings Constitutional Law Quarterly.
Professor Evan Lee's article Which Felonies Pose a 'Serious Potential Risk of Injury' for Federal Sentencing Purposes? will appear in the Federal Sentencing Reporter.
Professor Joan Williams has five articles forthcoming: "A Cool Drink of Water: Pregnancy Accommodation under the ADAAA" in the Yale Law & Policy Review; "Double Jeopardy? An Empirical Study with Implications for the Debates over Implicit Bias and Intersectionality" in the Harvard Journal of Gender & Law; "Pluralistic Ignorance and the Flexibility Bias: Understanding and Mitigating Flextime and Flexplace Bias at Work" in Work & Occupations; "Toward a Model for Redesigning Work for Better Work and Better Life" in Work & Occupations; and "Matching Today’s Workplace to Today’s Workforce: The Psychodynamics of Stall" in the Annual Review of Psychology.
On September 20, Professor Hadar Aviram chaired a roundtable on “Evaluating the California Criminal Justice Realignment” at the West Coast Law & Society Retreat hosted by the University of Washington.
On October 2, Professor Robin Feldman spoke about "Patent Trolling: An Empirical Analysis of Patent Monetization Entities in U.S. Litigation" as a Distinguished Speaker in The Center for Intellectual Property Law and Innovation Lecture Series at the Center for Intellectual Property Law and Innovation of the Robert H. McKinney School of Law, Indiana University. She gave the same talk on October 11 at the 21st Annual SMU Corporate Counsel Symposium at the SMU Dedman School of Law in Dallas, Texas, and on October 25 at the 12th Annual Intellectual Property (IP) Law and Policy Conference, hosted by Golden Gate University School of Law in San Francisco.
From October 3-6, Professor Keith Hand participated in a National Committee on U.S.-China Relations Public Intellectuals Program (PIP) meeting in Washington, DC, where he spoke about constitutional law in China.
On October 24, Professor Karen Musalo spoke on "Forensic Psychiatry and Immigration: Cross Cultural Competency" at the annual conference of the American Academy of Psychiatry and the Law.
On October 25, Professor Jodi Short presented her paper What Shapes the Gatekeepers? Evidence from Supply Chain Auditors at the Fraud & Misconduct Conference sponsored by the UC Berkeley Haas School of Business. On October 29, she gave the same paper at the Institute for Work and Employment Research Workshop at MIT Sloan School of Business.
On October 30, Professor Robin Feldman testified about patent assertion entities before the California Assembly Select Committee on High Technology.
On November 2, Professor Morris Ratner spoke about Battling Goliath: The Impact of Plaintiff-Side Litigation Against Corporate Defendants at the West Coast Progressive Lawyering Conference at Stanford Law School.
On November 8, Professor Robin Feldman gave a presentation on Re-imagining Cultural Property Through the Lens of Human Cells at a Stanford Law School symposium, Thinking About Cultural Property: The Legal and Public Policy Legacies of John Henry Merryman.
On November 14, Professor Robin Feldman testified at a hearing on The Impact of Patent Assertion Entities on Innovation & the Economy before the House Committee on Energy and Commerce Subcommittee on Oversight and Investigations.
On November 15, Professor Hadar Aviram spoke on a panel about The Emerging Role of County Criminal Justice Systems: Opportunities and Challenges for Reform at a conference in Los Angeles on Making Use of Alternatives to Custody: Increasing Efficiency & Improving Public Safety Under Realignment, which was co-hosted by Loyola Law School and the ACLU of Southern California.
Also on November 15, Professor Keith Hand spoke on a panel entitled Elite Perspectives on the Rule of Law at a conference about Contending Perspectives on the Rule of Law in China at the University of Washington School of Law.
On November 18, Academic Dean Beth Hillman spoke about Legal Reform and Military Sexual Assault at the Bay Area Military Law Group of the National Lawyers Guild in San Francisco.
Also on November 18, Professor Setsuo Miyazawa spoke on Criminal Trials by Mixed Panels in Japan: First Four Years at the Center for the Study of Law & Society at U.C. Berkeley.
On November 20, Professor Keith Hand discussed Prospects for Constitutional Reform in China at the Bay Area China Law Discussion Group in Berkeley.
On November 21, Professor Scott Dodson delivered a lecture titled Pleading and the Litigation Marketplace to the faculty of law at the University of Genoa in Italy.
On November 21-23, Academic Dean Beth Hillman represented the National Institute of Military Justice at a conference of the International Society for Military Law & the Law of War in Santiago, Chile.
On November 23, Professor Karen Musalo participated in a roundtable on New Research in African Asylum and Refugee Claims at the African Studies Association’s 56th Annual Meeting in Baltimore.
Other Evidence of Engaged Scholarship
On November 13, in Gray v. Martin, the U.S. District Court for the Eastern District of Kentucky quoted Professor Scott Dodson’s article In Search of Removal Jurisdiction, 102 Nw. U. L. Rev. 55 (2008).
On November 21, Professor Robin Feldman filed an amicus brief in support of neither party with the U.S. Supreme Court in Petrella v. MGM.
On November 27, Professor Feldman filed public comments with the Federal Trade Commission in response to their proposed investigation of 25 Patent Assertion Entities.
Academic Dean Beth Hillman has attended a number of hearings this fall as a member of the congressionally chartered Response Systems Panel on Military Sexual Assault.