Thursday, October 09, 2014

          A Very Scholarly Summer: UC Hastings Engaged Scholarship Roundup

          Professors at UC Hastings spent their summers engaged in a variety of scholarly activities, both at home and abroad.
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          Faculty Achievements – Summer 2014

          Writings and Publications

          Hadar Aviram

          The Future of Polyamorous Marriage: Lessons from the Marriage Equality Struggle, forthcoming: Harvard Journal of Law and Gender.

          Troubled Waters: Diana Nyad and the Birth of the Global Rules of Marathon Swimming, forthcoming: Mississippi Sports Law Review.

          Are Private Prisons to Blame for Mass Incarceration and Its Evils? Prison Conditions, Neoliberalism, and Public Choice, forthcoming: Fordham Urban Law Journal.

          Ben DePoorter

          “Decentralized Piracy: The Case of 3D Printing,” 65 HASTINGS LAW REVIEW 1483 (2014).

          "The Dangerous Undertaking: How Courts Should Approach Aesthetic Judgments in Copyright Law” forthcoming in NORTHWESTERN UNIVERSITY LAW REVIEW (2014).

           Ben submitted for review a new paper titled "Unenforced Laws: A Field Study"

          William S. Dodge

          Bill published the fifth edition of his casebook Transnational Business Problems.

          His article “Defining and Punishing Offenses Under Treaties” has been accepted for publication by the Yale Law Journal.

          Scott Dodson

          The Legacy of Ruth Bader Ginsburg (Scott Dodson ed. Cambridge University Press, expected 2014)

          Atlantic Marine and the Future of Party Preference, 66 Hastings L.J. (forthcoming 2015) (symposium)

          The Tolling Effect of the Federal Supplemental-Jurisdiction Statute, HLJ L. Report (forthcoming 2014) (casenote)

          Chimene Keitner

          "From Conquest to Consent: Puerto Rico and the Prospect of Genuine Free Association," to be published in a volume on Reconsidering the Insular Cases, Gerald Neuman, ed., Harvard UP.

          Chimene published Introductory Note to Jones v. United Kingdom (Eur. Ct. Hum. Rts., 2014), 53 I.L.M. 538 (2014).

          Jeff Lefstin

          Jeff published a short article on the Federal Circuit's decision to deny a patent directed to a cloned animal, Products of Nature and Source Limitations, appeared in the NTUT J. of Intellectual Property Law and Management

          His article re-examining the famous 19th-century English iron smelting patent cases, and how they relate to the current debate over patent-eligible subject matter, The Hot-Blast Cases Revisited, appeared in the CIPA (Chartered Institute of Patent Attorneys, London) Journal.

          John Leshy

          John’s article “Legal Wilderness: Its Past and Some Speculations on Its Future,” was published in a Symposium issue of the journal Environmental Law, marking the 50th anniversary of the Wilderness Act of 1964.  44 Envt’l L. 549-622 (2014).

          Rory Little

          Hastings Law Journal, 65 HLJ 1505 (2014), an essay entitled “Guns Don’t Kill People, 3D Printing Does?  Why the Technology is a Distraction from Effective Gun Controls.”

          65 HLJ 1145 (2014), “Perspectives on Criminal Litigation Ethics.”

          Rick Marcus

          This summer Rick completed and sent out three articles, worked on the 2014 Teachers' Updates for the Civil Procedure and Complex Litigation casebooks, and the 2014 Supplement for Gilbert Civil Procedure, and completed work on the new edition of vol. 12 of the Federal Practice & Procedure treatise.  He also published “’Looking Backward’ to 1938,” 162 Penn. L.Rev.  1691 (2014).

          Leo Martinez

          A Unified Theory of Insurance Risk, 74 PITT. L. REV. 713 (2013),

          Dorit Reiss

          Compensating the Victims of Failure to Vaccinate: What Are the Options?” 32 Cornell J of L and Public Policy 595 (2014)

          Lois Weithorn

          FAMILY LAW: CASES, TEXT, PROBLEMS (Abridged 5th ed. 2014) (with Ira Ellman et al.)


          Ben DePoorter

          "Hypothetical Damages in Copyright Law: Theory and Evidence” at the Intellectual Property Scholars Conference (IPSC), held at U.C. Berkeley, August 4, 2014.

           "The Dangerous Undertaking: How Courts Should Approach Aesthetic Judgments in Copyright Law"” at IPSC, held at U.C. Berkeley, August 4, 2014.

          "Unenforced Laws: A Field Study” at the UC Berkeley Law, Faculty Workshop on April 15, 2014.

          Bill Dodge

          On August 20, Bill delivered the Traynor Lecture at UC Hastings, based on his article in the Notre Dame Law Review entitled “Alien Tort Litigation: The Road Not Taken.”

          On September 5, he hosted a meeting of Northern California International Law Scholars at UC Hastings, and commented on Professor Michael Vitiello’s paper “Limiting Access to US Courts: The Supreme Court’s New Personal Jurisdiction Case Law.”

          Scott Dodson

          Moderator, New Scholars in Civil Procedure Panel, SEALS Annual Conference

          Presenter, "Atlantic Marine and the Future of Party Preference," Civil Procedure Roundtable, SEALS Annual Conference

          Robin Feldman

          On August 8 at Berkeley Law, Robin presented her article, Patent Demands & Startup Companies (forthcoming Yale JL & Tech) at the Annual Intellectual Property Scholars Conference

          On June 17 in Washington DC, she spoke on a panel at the National Academy of Sciences Committee on Science, Technology & Law on the topic of patent assertion entities

          On June 26 at Stanford Law School, she gave a “fireside chat”-style talk with Google General Counsel Kent Walker on the topic of emerging issues in IP for a conference on Online Dispute Resolution in the Sharing Economy.

          On August 15-17 at AirBnB’s headquarters in San Francisco, The Institute for Innovation Law cosponsored “Reinventing the Legal Industry—the Nation’s 1st LegalTech Startup Weekend.”

          Chimene Keitner

          Chimene spoke on Southeastern Association of Law Schools panel on Cross-Jurisdictional Application of Criminal Law Norms (Aug. 4, 2014).

          Jaime King

          What Healthcare Costs: Price Transparency and the Market for Medical Care at the ASLME conference in June.

          Jeff Lefstin

          Jeff spoke on patent-eligible subject matter at a conference on Intellectual Property Issues in Personalized Medicine at Boston University

          Rory Little

          Boston Mass, I gave my annual “Review of The Supreme Court’s Term, Criminal Cases” panel and lecture at the ABA Annual Meeting.  The ABA published in connection with that my 42-page set of summaries and analysis.

          I also gave my Annual Review of the Supreme Court’s Term to the Marin County Bar Association in San Rafael CA on June 23, 2014.

          Leo Martinez

          I presented a paper at the LatCrit South-North Exchange on Legal Education in Bogota, titled Global Legal Education: Evolution at Work.

          Karen Musalo

          May 1 & 2:  "Addressing the Asylum Crisis: Religious Contributions to Rethinking Protection in Global Politics" sponsored by the University of Kent (UK), University of Groningen (Netherlands), and Georgetown University Institute for the Study of International Migration.  Meeting took place in Washington, D.C.  

          May 27, 2014, “Refugee Protection Outside of the International Legal Framework: Expanding Cross-National and Cross-Disciplinary Collaboration,” sponsored by the Centre for Forced Migration Studies, Buffett Center for International & Comparative Studies.  Meeting took place at Northwestern University, Evanston, IL.

          Sept. 8, 2014, “Child Migrants: A Journey of Desperation and Hope,” sponsored by the Center for Latin American Studies, University of California Berkeley, Berkeley, CA.

          Dorit Reiss

          “Vaccines and the Anti-Vaccine Movement,” American Society for Law, Ethics, and Medicine Annual Conference (June 2014).

          “Reecouping the Costs of Outbreaks Caused by Non-Vaccination,” American Law and Society Association Annual Meeting (May 2014).

          Naomi Roht-Ariaza

          I was the principal lecturer for a one week course on transitional justice at the Antonio Cassese summer school at the Geneva Academy of International Humanitarian Law and Human Rights in Geneva.  I also taught at the Grotius Center in the Hague, also on transitional justice.  I also spoke at a seminar on "Transitional Justice and Rule of Law:  synergies and tensions" , which I co-organized  as part of the American Society of International Law's Interest Group on Transitional Justice and Rule of Law, in London.

          David Takacs

          “Environmental Democracy, REDD+, and Future Climate Change Agreements,” Yale/Unitar Conference on “Human Right, Environmental Sustainability, Post-2015 Development Agenda, and the Future Climate Regime, Yale University (2014).

          “Legal Issues in REDD+,” Invited Lecture, Ecology & Evolutionary Biology Colloquium, Cornell University (2014).

          “Biodiversity Offsetting and the Law,” Sabin Colloquium on Innovative Environmental Law Scholarship, Columbia University (2014).

          Lois Weithorn

          Mandatory Vaccination of Children: Legal Justifications and Challenges, Health Law Professors Conference, American Society of Law, Medicine & Ethics, San Francisco, June 6, 2014.

          Evolution of Legal Policies Governing Vaccination of Children: Controversies and Challenges, Conference on Children’s Health, Mental Health & the Law, UC Hastings College of the Law, March 28, 2014.

          Children’s Mental Health and the Mental Health “Non-System,” Conference on Children’s Health, Mental Health & the Law, UC Hastings College of the Law, San Francisco, March 29, 2014.

          Other Evidence of Engaged Scholarship

          Ben DePoorter

          Ben’s article,  “Copyright False Positives,” 89 Notre Dame L. Rev. 319, 343-45 (2013) (co-authored with Robert Kirk Walker), was cited by the 7th Circuit by Judge Richard Posner in Klinger v. Conan Doyle Estate, AUGUST 4, NO. 14-1128, 7th Cir. (2014).

          Bill Dodge

          Bill’s article “Teaching the CISG in Contracts” was cited by the U.S. Bankruptcy Court for the Eastern District of Pennsylvania in In re World Imports Ltd.

          Bill has been reappointed to the State Department’s Advisory Committee on International Law.

          Scott Dodson

          Scott’s article, “In Search of Removal Jurisdiction, 102 Nw. U. L. Rev. 55 (2008), was cited in Flame v. Freight Bulk PTE, -- F.3d -- (4th Cir. 2014) (Wilkinson, J., concurring).

          Robin Feldman

          On August 1, Robin Feldman was named one of the 50 Women Leaders in Tech Law by the Recorder

          Beth Hillman

          UPR Submission on the United States Military Justice System's Noncompliance with the ICCPR.

          Chimene Keitner

          Chimene’s article, The Common Law of Foreign Official Immunity, 14 Green Bag 2d 61, (2010), was cited by DC District Court in Sikhs for Justice v. Singh (Aug. 19, 2014).

          Jaime King

          UC Hastings hosted the American Society of Law, Medicine, and Ethics Annual Health Law Professors Conference in June. Hastings had the largest registration in the event’s history and hosted nearly 200 professors of law, medicine and other related disciplines. Jaime led the coordination of 140 presentations, the keynote speaker, and two independent workshops.

          Jaime and Anne Marie Helm launched The Source for Competitive Healthcare  in June. The Source is a resource for information and analysis about healthcare cost and competition. The Source provides unbiased, up-to-date information about healthcare cost and competition by posting news articles, policy papers, academic articles, litigation documents, and legislative/regulatory materials, as well as by providing analysis of those materials and other relevant events by both the Source’s editors and outside contributors. Jaime worked to fill out the material on the source and provide content to the Source during the summer.

          Jeff Lefstin

          Along with Professor in Residence Dana Beldiman, Jeff ran and taught the first UC Hastings - Bucerius Summer Program in Transnational Intellectual Property Law and Licensing.  This intensive 3-week program, organized in collaboration with Bucerius Law School in Hamburg, Germany, drew students from 15 countries.  The course combined theoretical and practical instruction on intellectual property, licensing, and antitrust, and culminated in a series of simulations where students negotiated and drafted aspects of a complex transnational intellectual property license.

          Rory Little

          Rory revised “Criminal Justice Standards for the Prosecution and Defense Functions” to the ABA, in May and June.  God willing they will actually be voted on by the ABA’s national house of Delegates in February 2015.

          Leo Martinez

          Leo was elected a fellow of the American Bar Foundation in June.

          Leo was appointed Co-chair of an ABA/AALS/Access Group working group on student loans in July.

          Zach Price

          Zach’s article "Enforcement Discretion and Executive Duty," 67 Vand. L. Rev. 671 (2014), has been discussed in columns in the New England Journal of Medicine, Slate, the National Review, and the New Republic.

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