Thinkers & Doers: January 2018

Inaugural Exhibition of the McEvoy Foundation for the Arts – Professor Viswanathan co-authors SSRN’s "Top Paper of 2017" – When Deportation is a Death Sentence – A project to “restate” copyright law – Alum named 2018 Antitrust Lawyer of the Year – Posh Hotels & Swanky Cocktails in the Tenderloin – Calling out racists actually good for health – Bay Area Corporate Counsel Winners – and much more

Professor Manoj Viswanathan’s co-authored paper “The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the New Legislation” was ranked as number 1 on SSRN’s “Top Papers of 2017.”
— Professor Viswanathan’s University of Pennsylvania Law Review article “Form 1023-EZ and the Streamlined Process for the Federal Income Tax Exemption: Is the IRS Slashing Red Tape or Opening Pandora’s Box?” was featured in TaxProf Blog.

“Any time anyone in the intellectual property world says the world is coming to an end — on either side — they may be a bit overwrought,” said Professor Robin Feldman (@RobinCFeldman) in an article for Billboard Magazine on the concern among lawyers in the media business over a project to “restate” copyright law.
— “With the new Chinese research, the strongest within one group of cloned primates lived only a few hours; the strongest within another group have been alive for roughly seven weeks,” said Professor Feldman in an article for MultiBriefs on whether humans are next after the cloning of monkeys.

Professor David Levine discusses Northern California’s new federal top prosecutor, Alex G. Tse ’90, on KQED’s The California Report.
— “It appears the association is making a reasonable argument that may force the Department of Food and Agriculture to offer some rationale for the apparent departure from Proposition 64,” said Professor Levine in an article for the North Coast Journal on apparent loopholes in California cannabis legislation.
— “What they are trying to do is scare a lot of people,” said Professor Levine in an appearance on KPIX-5 on how ICE is targeting undocumented immigrants at local courthouses in the Bay Area and across the country.

Both Professor John Leshy and Professor Dave Owen were quoted in an article for the San Francisco Chronicle on the President’s decision to exempt only Florida in an order to allow offshore oil and gas drilling nationwide.

Professor Naomi Roht-Arriaza summarizes Professor Chimène Keitner’s (@KeitnerLaw) forthcoming book chapter entitled “Immunities of Foreign Officials from Civil Jurisdiction” for the Scholarship Blog.

Professor Joel Paul will hit the book tour circuit to promote the release of his work “Without Precedent: Chief Justice John Marshall and His Times.”

Professor Leo Martinez’s paper in the Harvard Latinx Law Review entitled “Latinos and the Internal Revenue Code: A Tax Policy Primer for the New Administration” was featured in TaxProf Blog.

“It’s up to individuals to honor a civil society and not reinforce the stigmatization of those words,” said Professor Joan C. Williams (@joancwilliams) in an article for The Washington Post on how calling out racists is actually good for your health.”
— Social media has created a remarkable moment for women, but is this really the end of the harassment culture? Professor Williams collaborates with Suzanne Lebsock to discuss this issue in an article for the Harvard Business Review.
— Lifehacker posted an article on how to respond to a racist comment and Professor Williams notes that generally people who are not in the disparaged group have more power to change attitudes.
— “It’s amazing what people are still doing, despite the fact that pregnancy discrimination has been illegal for decades,” said Professor Williams in an interview with CNN on the many unfair challenges pregnant women still face in the workplace.

Professor Zachary Price discusses why enjoining DACA’s cancellation is wrong, in commentary for TakeCareBlog.

Professor Shanin Specter was invited as a guest debater at the prestigious Cambridge Union to argue the opposition on “This House Fears the Mass Adoption of Driverless Cars” with Cambridge University students.

“The [immigration court] backlog is directly attributable to the Trump administration’s broad enforcement priorities, which do not distinguish between immigrants with longstanding ties in the U.S. and strong legal defenses to being deported,” said Professor Richard Boswell in an article for Pacific Standard.

“My first reaction was that one should not count one’s chickens before they’re hatched,” said Chancellor & Dean David Faigman in an article for in response to the news that UC’s five law schools will receive just a fraction of a settlement between Bank of America and a California couple it put through the wringer as they sought a mortgage modification.

“It could be harder for the state to control Medicaid costs if the managed care players can’t negotiate with a dominant hospital system in the market,” said Professor Tim Greaney in an article in the Carolina Journal on BlueCross BlueShield of North Carolina opposing the proposed partnership between UNC Health Care and Carolinas HealthCare System.
— “The fact that well-performing, larger systems are being bought shows the shifting rationale for why deals take place,” said Professor Greaney in an article for Modern Healthcare on the uptick in the mergers and acquisitions of health systems.

An excerpt from the forthcoming book from Professor Hadar Aviram (@aviramh), entitled “Yesterday’s Monsters,” has been released.

Professor Rory Little (@RoryLittle) suggested that a long U.S. attorney vacancy can cause “the office to drift,” in an article for the Recorder on the appointment of McGregor Scott ’89 for U.S. attorney in California’s Eastern District.

Professor Scott Dodson (@ProfDodson) was quoted in a Yahoo Finance article about Supreme Court Justice Ruth Bader Ginsburg.

Five Senate Democrats, including Elizabeth Warren (Massachusetts) and Ranking Member of the HELP Committee Patty Murray (Washington) sent a letter to NACIQI Chair Arthur Keiser and Distinguished Professor Frank H. Wu (@frankhwu) asking NACIQI to review how accreditors consider changes in ownership and conversions from for-profit to non-profit status for institutions.
— Professor Wu spoke on the topic of “Asian Americans and the Future of Civil Rights” for the Alliance of Chinese Americans San Diego.
— The Fair Housing Act 50th Anniversary Inaugural Event in Washington, D.C. included a speech from Professor Wu.
— Professor Wu contributed the article “Food Writing is the End of Food Writers” to LinkedIn.
— Professor Wu will be making an appearance at the “Wine with Wonks: Demystifying Accreditation” event in Washington, D.C. in February.

Professor Dorit Rubinstein Reiss (@doritmi) contributed a chapter on the anti-vaccine movement in the recently released “Pseudoscience: The Conspiracy Against Science.”
— Professor Reiss published a short piece in the Journal of Travel Medicine entitled “CDC’s new rule to track and quarantine travelers.”

“I think that Lyft and Uber are substantially the same,” said Professor Veena Dubal (@veenadubal) as she analyzes the relationship each company has to their drivers in an article for KQED News.
— “It is incredibly hard, particularly for low-wage workers, to assert their rights in the workplace,” said Professor Dubal in an interview with Bloomberg Law.

“Crime and Justice in Contemporary Japan (Springer Series on Asian Criminology and Criminal Justice Research),” a book co-edited by Professor Setsuo Miyazawa, has been released.

The Atlantic published an article on the stereotypes of Asian American women in the workplace entitled “The Problem With ‘Asians Are Good at Science,’” which was co-authored by the Center for WorkLife Law’s (@WorkLifeLawCtr) Professor Joan C. Williams, Marina Multhaup, and Rachel Korn.

“Whether a woman fleeing domestic violence will receive protection in the United States seems to depend not on the consistent application of objective principles, but rather on the view of her individual judge, often untethered to any legal principles at all,” noted Blaine Bookey, Co-Legal Director of the Center for Gender & Refugee Studies (CGRS), in an article for the New Yorker on when deportation is a death sentence.

Professor Dave Owen discusses the implications of the Supreme Court’s Clean Water Rule/WOTUS Ruling for the Environmental Law Prof Blog.

A joint article from Professor Lois A. Weithorn and Professor Dorit Rubinstein Reiss, entitled “Legal Approaches to Promoting Parental Compliance with Childhood Immunization Recommendations,” is now available online through the National Center for Biotechnology Information database.

“The 1978 initiative was designed to reach virtually every first-degree murder so no one would escape a potential death sentence,” said Professor John Mills in an article for the San Francisco Chronicle on how California’s death penalty law may soon be in jeopardy from a potential SCOTUS ruling on a similar Arizona law.

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— 1Ls Brent Coulter, Christian Park, and Vishaal Lalchand were treated to Northern Thai cuisine from Esan Classic in the latest edition of Restaurant of the Month.

— 7×7 published a “Modern Guide to the Tenderloin” with posh hotels, swanky cocktails, and all the eats.

— Dinh Tran, a teenager from San Francisco’s Tenderloin District, glided his way to a silver medal in the 2018 U.S. Figure Skating Championships in San Jose.

— After ten years, Eddy Street is now a two-way street in the Tenderloin.

— An “unusual” art installation consisting of 40 identical statues is making its way to the Civic Center.

— The 2018 Association of American Law Schools (AALS) Annual Meeting featured Chancellor & Dean David Faigman delivering a speech on the “Next Great Challenges in Expert Reliability,” Distinguished Professor Roger C. Park accepting the John Henry Wigmore Award from the AALS Section on Evidence for contributions to the field of evidence, and Professor Carol Izumi accepting the Pincus Award for lifetime achievement from the AALS Clinical Law Section.

— Our esteemed tax law professors hosted “(Almost) Everything You Want to Know about Our New Tax Laws” with key tax law insights from Professors Manoj Viswanathan, Leo Martinez, Steve Schwarz, and Heather Field.

— Leading end of life litigator Kathryn Tucker and End of Life Liberty Project find a new academic base at UC Hastings.

— Professor Dave Owen and 2L Kimberly Willis discussed the latest environmental law stories, including offshore drilling and FERC’s rejection of DOE’s pricing proposal.

— UC Hastings alumni Norene Lew ’96 and Todd Machtmes ’95 facilitated a “Lunch & Learn” series at the Salesforce Building with a panel of alumni including Jorja Jackson ’03, and Chris Lockard ’06 moderated by Professor Alice Armitage.

— UC Hastings hosted the 3rd Annual Roe v. Wade Anniversary Event in the SkyRoom featuring lawyer and advocate Lynn Paltrow, fierce advocate for the rights of pregnant women and attorney on Ferguson v. City of Charleston, which challenged the hospital policy of searching pregnant women for evidence of drug use and turning the information over to the police.

— Center for WorkLife Law Founding Director Professor Joan C. Williams and 2L Melina Hettiaratchi discussed #MeToo, #TimesUp, Aziz Ansari, and more in a Facebook Live conversation.

— The UC Hastings Annual Report 2017 is available online.

— The UC Hastings street pole banner campaign is still going strong on social media and was recently featured by the Huffington Post’s Brazen Asians.

— 1L Cindy Muro receives scholarship for domestic violence advocacy.

— The first Student Chapter of the California Supreme Court Historical Society was established by UC Hastings students.

— 2L Caroline Lavenue moderated the UC Hastings-organized “Environmental Justice and Safe Drinking Water” panel at the California Water Law Symposium.

— 3L Andrea Pearce appeared on the National Latino Public Radio program “Comunidad Alerta” to discuss the issues of sexual harassment and worker’s rights.

— Bruce L. Simon ‘80, one of the nation’s leading antitrust lawyers, was named as the 2018 “Antitrust Lawyer of the Year” by the Executive Committee of the Antitrust, UCL & Privacy Section of the California Lawyers Association.

— The A-list, but low-key Nion McEvoy ‘79 was featured in Cultured to discuss the launch of the inaugural exhibition of the McEvoy Foundation for the Arts in San Francisco.

— These are the Bay Area Corporate Counsel winners 2018 as selected by the Silicon Valley Business Journal and the San Francisco Business Times, which include Mark J. Meltzer ’75 (Intuitive Surgical), Chrysty Esperanza ’03 (Square, Inc.), Paul E. Davis ’05 (Xperi Corporation), and Mitch Gaynor ’84 (Marvell).

— Santa Clara County Superior Court Judge Mary J. Greenwood ’81 has been appointed by Gov. Jerry Brown as an associate justice on the state’s 6th District Court of Appeal.

— The Montana Standard published an op-ed from Jon Ellingson ’74 on taking back our democracy.

— McGregor Scott ‘89, President Donald Trump’s nominee for U.S. attorney in California’s Eastern District, was sworn into office.

— U.S. Chief District Judge Lawrence O’Neill ’79 said that McGregor Scott was the “logical” choice for U.S. Attorney given his pending nomination and it would be “an appropriate inference to draw” that Talbert stepped down so Scott could effectively begin his term in office.

— Alex G. Tse ‘90, a longtime federal prosecutor who once worked in the San Francisco City Attorney’s Office, has been named acting U.S. Attorney for the Northern District of California.

— Mother Jones highlighted the secret to understanding Senator Kamala Harris ’89 and why it’s making her a flash point in the Democratic Party.

— Ryan Harrison, Sr. ’14 was selected as one of Sacramento Business Journal’s “40 under 40.”

— Carlos Becerra ‘10 has joined national labor and employment and health care law firm Epstein Becker Green as a Senior Attorney in the Employment, Labor & Workforce Management practice in Los Angeles.

— Vera Golosker ‘12 joined MGM Television in Beverly Hills as a production attorney in the unscripted department for the company’s dynamic unscripted content, which includes television shows such as “The Voice” and “Shark Tank.”

— Meaghan H. Kent ‘05, a registered patent attorney and counsels and litigates copyright, trademark, patent, false advertising, trade secret, right of publicity, and domain name matters, was promoted to partner at Venable LLP.

— Behnam (Ben) Gharagozli ’10 wrote an article entitled “The ghosts of 1979: Why Iran protests won’t bring regime change” for The New Arab.

—, the leading provider of instant discovery, announces Patrick Barry ’95 as Chief Operating Officer.

— “We’re hoping that those who manage to apply in time, even if there is an injunction [of the federal government from ending the DACA program], if you get your foot in the door, then they will honor that,” said Hasan Shafiqullah ‘97, the director of the immigration unit at the Legal Aid Society of New York, in an article for The New York Times.

— Brianna Howard ’16 talks about how to level up in the growing practice of video game law.

— Karen Carrera ‘92, a partner at Villegas Carrera focusing on employment discrimination, wage-and-hour class action, and some civil rights cases, was profiled in an issue of Plaintiff Magazine.

— Joseph Azam ’08 co-authored the book “The Displaced” with seventeen other prominent refugee writers from around the world, which is set to be released in April 2018.

— Paul Jones ’17 helped host a workshop called “Know Your Rights” that gave information about rights afforded to everyone who encounters law enforcement at different stages for the Midtown Celebrity Club.

— “I think there is plenty of evidence to suggest that there has been money laundering going on in many of the real estate deals that were done by the Trump Organization,” said Rep. Jackie Speier ’76 in an interview on CNN’s “Cuomo Prime Time.”

— Justice Lidia Stiglich ’95 brings compassion to the bench and is taking a “people-centric” approach as the first openly gay justice to serve on the Nevada Supreme Court.

— Vien Truong ’06 spoke at the California Air Resources Board 50th Anniversary Symposium.

— Christopher Darden ’80 was a speaker at The Berkeley Forum.

— Massachusetts Governor Charlie Baker appointed Colleen Quinn ’78 to the newly-established Commission on the Future of Transportation in the Commonwealth to advise the Baker-Polito Administration on future transportation needs and challenges.

— Jesus A. Rodriguez ’04 was appointed by Governor Jerry Brown to serve as judge at the Butte County Superior Court.

— Kevin King ’15 is now a staff attorney at the Homelessness Prevention for Families Unit at Inner City Law Center in Los Angeles.

— Stephan Ferris ’17 was featured in an article for the South Florida Gay News.

— John M. Van Atta ’08 was named partner at Billings, Montana firm of Patten, Peterman, Bekkedahl & Green, PLLC.

— Garrett Colli ‘11, was promoted to counsel at law firm of Perkins Coie LLP.

— Jennifer Keller ‘78, a nationally prominent trial attorney at Keller/Anderle LLP in Irvine, has been named to the “Top 10 Southern California Super Lawyers” list for 2018.

The UC Hastings community extends its heartfelt condolences to the family of Professor Geoffrey Hazard, Stan Dunn ’51, Jack B. Burstein ‘55, Marcia J. Canning ’76, Matthew M. Fishgold ‘48, Honorable Leon P. Fox, Jr. ‘73, Paul Gaines Jr. ‘52, Niles “Jake” Garrett II ‘61, Keith Howard ‘69, Herbert M. Rosenthal ‘60, Jerrold C. Schaefer ‘66, Professor Peter E. Sitkin, and Lemuel Summey ‘51.

— Professor Geoffrey Hazard was one of the nation’s most respected authorities on legal ethics and his life’s work truly upgraded the integrity of the legal profession. A memorial service for Professor Hazard will be hosted at UC Hastings on March 2, 2018.

— Stan Dunn ’51 was a longtime member of Torrance, California schools and El Camino College boards, and was “one of the pillars of the community.”

— Jack B. Burstein ’55 formed the law firm Smith and Burstein in Vallejo, California and even continued practice after retirement for over 63 years of serving his clients full-time.

— Marcia J. Canning ’76 liked the way “she learned to think” from her legal education and gave back with service to the University of California in many roles, including serving as General Counsel at UC Hastings from 1998 to 2001.

— Matthew M. Fishgold ’48 lived in San Francisco his entire life and practiced law for over 40 years until his retirement.

— Honorable Leon P. Fox, Jr. ’73 was appointed as a Judge of the Municipal Court of Santa Clara County by Governor Jerry Brown in 1982 and served as a Judge of the Municipal and Superior Courts with distinction until his retirement in 2002.

— Paul Gaines Jr. ’52 served honorably in the United States Navy Construction Battalion during World War II and worked as a prosecutor for the County of San Bernardino after graduating law school. He later established a private law practice in Downey, California where he practiced law for 44 years.

— Niles “Jake” Garrett II ’61 supported a variety of social justice, veterans and youth causes.

— Keith Howard ’69 was a senior partner with Cooper White and Cooper, where he ultimately became one of the premier environmental attorneys in the Bay Area.

— Herbert M. Rosenthal ’60 served the State Bar of California for three decades and was its first Executive Director (1987-1998). During his tenure of public service, he steadfastly worked to expand legal services for the poor, improve the state’s attorney-client relations and promote greater diversity in the profession.

— Jerrold “Jerry” C. Schaefer ’66 practiced labor law, first with the National Labor Relations Board (1966-1975), and in 1975 was appointed by Governor Jerry Brown as Deputy General Counsel to the California Agricultural Labor Relations Board.

— Professor Peter E. Sitkin advocated zealously for the rights of welfare recipients and others living in poverty, and co-directed the Civil Justice Clinic at UC Hastings.

— Lemuel Summey ’51 served as an attorney in the San Mateo District Attorney’s office until his retirement.