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Hastings Alumni Mag-Fall 2013

Civil Procedure Giants Of all the stars on the faculty, three of the most illustrious are Professor Richard Marcus, Professor Emeritus Geoffrey Hazard, and Chancellor & Dean Emeritus Mary Kay Kane. Together, they dominate the field of civil procedure and are nationally recognized experts. Professor Hazard’s work has been cited hundreds of times, including 22 times by the U.S. Supreme Court for his writings on civil procedure, federal jurisdiction, and legal ethics. As far back as 1977, the Supreme Court looked to his 1965 Supreme Court Review article, “A General Theory of State-Court Jurisdiction,” in deciding Shaffer v. Heitner, which created a framework for determining when a civil defendant has sufficient minimum contacts with a state for its courts to exercise jurisdiction over the defendant. Similarly, Professor Marcus, an expert on civil procedure and evidence, was cited in a 1987 decision penned by then Circuit Judge Ruth Bader Ginsburg. The case, In re Korean Airlines Disaster, arose out of a 1983 incident in which a Russian jet fighter shot down an airliner over the Sea of Japan for allegedly violating Soviet airspace, killing all 269 passengers and crew, including a U.S. congressman. In her opinion, Ginsburg, herself a former professor of civil procedure, cited Marcus’s 1984 Yale Law Journal article, “Conflict Among Circuits and Transfers Within the Federal Judicial System,” several times with approval. “I’m very proud of that,” says Marcus, whose scholarship has also been cited eight times by the U.S. Supreme Court. { engaged scholarship } Another prominent member of the faculty who has been cited innumerable times is Chancellor & Dean Emeritus Kane. The Supreme Court cited articles of hers in J. McIntyre Machinery Ltd. v. Nicastro (2011) and Verlinden B.V. v. Central Bank of Nigeria (1983), and has cited her treatise, Federal Practice and Procedure, now in its third edition, a remarkable 55 times. “I’m proud that I’m contributing to the development of the law,” Kane says. “We are members of the legal profession, but we have the luxury of time to think. So we have an obligation to improve the law.” “I’m proud that I’m contributing to the development of the law. We are members of the legal profession, but we have the luxury of time to think. So we have an obligation to improve the law.” — Chancellor & Dean Emeritus Mary Kay Kane UC HASTIN GS 17


Hastings Alumni Mag-Fall 2013
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