Thinkers & Doers: March 2018

Steady Hours Can Help Workers and Profits – UC Hastings a Go-To Law School – Alum Discusses Protecting Employee Mobility and Negative Trade Secrets – The Fallout from Facebook’s Data-Sharing Scandal – UC Hastings Trial Teams Win the Triple Crown of Regional Competitions – The State Department Before and After #Rexit – Student article: I didn’t think I could be a lawyer until I saw one who looked like me – and much more

Professor Chimène Keitner (@KeitnerLaw) appeared on the Lawfare Podcast to speak about her experience as international law counselor at the State Department and the future of the department after Secretary Rex Tillerson’s departure.

Professor David Levine was featured on KQED’s Forum to discuss Attorney General Jeff Sessions’ suit against California over sanctuary laws.
— Professor Levine also appeared on KTVU to weigh in on the lawsuit against California.
— “It’s game over for the plaintiffs if they can’t get over this hurdle,” said Professor Levine in an interview with the Associated Press (and later picked up by CBS BayArea) on whether a federal judge will allow a jury to hear from doctors who link Roundup weed killer to non-Hodgkin’s lymphoma.
— Professor Levine appeared on KCBS Radio to discuss Governor Brown’s planned appeal of a judge’s ruling ordering the state to consider earlier parole for potentially thousands of sex offenders.
— Professor Levine appeared on KTVU to discuss a suit against the administration by immigrants and children to challenge termination of temporary protected status.
— “It’s a ‘textbook’ clash between the constitutional principles of federal ‘supremacy’ and states’ rights,” notes Professor Levine in an article for Bloomberg Politics on the Trump Administration’s fight with California over its protections for undocumented immigrants.
— Professor Levine appeared on KPIX to discuss the Persky recall election.
— “The fuel companies are going to say, ‘Who, me?’” predicts Professor Levine in an article for San Francisco Magazine on how two city attorneys are trying to stick Big Oil with the bill for a changing climate.

Professor Ben Depoorter contributed an article to the Los Angeles Daily Journal on the flawed copyright small claims court.

Read the San Francisco Chronicle’s review of Professor Joel Paul’s book “Without Precedent.”
— Professor Paul appeared on KQED’s Forum to discuss his book.
— Professor Paul also continued his book tour with numerous stops including the Boston Athenaeum, Fraunces Tavern, the Harvard club of Boston, and the David library at the American Revolution.
— If Trump causes a constitutional crisis, will Roberts court show the courage of John Marshall? Professor Paul discusses this topic in an opinion piece for the Los Angeles Times.

“The sort of dignity that people got from their work when they were full-time professional drivers is just not possible with Uber and Lyft,” said Professor Veena Dubal in an interview for KPCC’s Take Two that references her recent ethnographic study comparing taxi drivers with drivers for Uber and Lyft.
— Professor Dubal appeared on CBS BayArea to discuss a San Francisco credit union’s suit against the City for $28 million for loans they made to cab drivers to buy medallions made nearly worthless by the rise of Uber and Lyft.

Professor John Leshy was the keynote speaker at the Wallace Stegner Center 23rd Annual Symposium addressing “Public Lands in a Changing West” and hosted at the University of Utah, S.J. Quinney College of Law.
— Professor Leshy discussed whether the President can unprotect national monuments in an article for Greenwire.

“From an antitrust perspective, Cigna and Express Scripts may get a particularly close look because their deal comes on the heels of the CVS announcement, ensuring that the two will likely be reviewed in tandem,” said Professor Tim Greaney in the Wall Street Journal on Cigna Corp.’s $54 billion deal for Express Scripts Holding Co.
— Professor Greaney also suggested that “at the end of the day if both go through, you’ll have essentially three large insurance companies controlling the vast amount of PBM services,” in a follow up article for the St. Louis Post-Dispatch discussing the proposed mergers of insurers with PBMs.
— Professor Greaney’s contributed commentary on pharmacy benefits managers to Event Driven.

“The question is what users will think,” noted Professor Robin Feldman (@RobinCFeldman) in an interview with CBS on the fallout from Facebook’s data-sharing scandal.
— The Minnesota Law Review published Professor Feldman and Mark Lemley’s article entitled “The Sound & Fury of Patent Activity.”
— “It can be difficult to connect the dots and find such behavior in real time,” said Professor Feldman in an article for Law360 on the FTC case against Shire Pharmaceuticals for sham citizen petitions.
— Professor Feldman was interviewed by Sky News to discuss the FTC’s announcement that it initiated an investigation against Facebook regarding data privacy.

Professor Feldman discusses Professor Jaime King’s contribution to the St. Louis University Annual Health Law Symposium, “The Anti-Competitive Potential of Cross-Market Mergers in Health Care,” for the Scholarship Blog.

Professor Hadar Aviram (@aviramh) appeared on KTVU for a special on the Parkland shooting.
— “The key question is likely to be whether a citizenship question intrudes on the right of privacy, particularly in immigrant households,” said Professor Aviram in a San Francisco Chronicle article on what courts will be looking at in judging the new census question on citizenship.
— Professor Aviram will join community leaders and experts to educate, inform, and promote collaboration on the cycle of gang violence for the Sacramento Gang Prevention & Intervention Summit.

Professor Frank H. Wu (@frankhwu) Frank Wu discusses China’s export of culture products on CGTN America.
— “What is it that the (US) mayors and governors want? They want Chinese students, they want Chinese tourists, they want Chinese investment, they want a Chinese company to come and rescue the steel mill that’s in town that might otherwise close,” said Professor Wu in an article for China Daily.
— “We need to be able to look at, even feel, the tangible evidence of human lives affected by policy decisions,” said Professor Wu in an article for Japan Forward on Congress’ decision whether to continue to fund the Japanese American Confinement Sites (JACS) program.

Professor Jennifer Dunn spoke at the Preterm Birth Initiative Collaboratory hosted by UCSF.

“The celebrity chef syndrome, where you have the overvaluation of certain people’s skills and they become stars, is often to blame,” said Professor Joan C. Williams (@joancwilliams) in an article for the San Francisco Chronicle on harassment allegations against Oakland chef Charlie Hallowell.
— “Bottom line is it’s typically better not to cry because you’re not negotiating from a position of power when you cry,” said Professor Williams in an article for Two Cents, but also suggests to not apologize and instead reframe the conversation if it does happen.
— Professor Williams suggests that volunteering for opportunities at work may be critical for women in an article for Poynter.
— “As a Democrat, to me, it’s really painful when millions of Americans see Donald Trump as the person who is articulating their sense that they’re losing hold of the American dream,” said Professor Williams in an article for on how Joe Biden can win back working-class voters.
— “Dr.” Professor Williams accepted an honorary doctorate from Utrecht University.
— “We basically held up a mirror to capitalism’s self-image of efficiency and showed the misaligned incentives that are disserving both workers and the company,” said Professor Williams in a New York Times article on stable scheduling.
— “They were not operating in the stability sweet spot,” continued Professor Williams as the results of the Stable Schedule Study were discussed in the Daily Kos.
— How should brick-and-mortar retailers combat the threat of online retailers? “Improve customer service by shifting associates to more stable schedules,” says Professor Williams in an article for the Harvard Business Review she co-authored with Saravanan Kesavan and Lisa McCorkell.

Professor Scott Dodson (@ProfDodson) comments on Professor Zach Price’s William & Mary Law Review article entitled “Reliance on Nonenforcement,” which continues his leading work on executive–branch nonenforcement, for the Scholarship Blog.
— Professor Dodson discusses Professor Rick Marcus’ chapter titled “Misgivings About American Exceptionalism: Court Access as a Zero-Sum Game,” in the book Revisiting Procedural Human Rights: Fundamentals of Civil Procedure and the Changing Face of Civil Justice, which chronicles the evolving conception of federal court-access rules as a zero-sum game between plaintiffs and defendants, for the Scholarship Blog.

Professor Zach Price writes for the Scholarship Blog and says Professor Scott Dodson “has done it again, training his sights on the vexed subject of jurisdiction” with his recent article in the Georgetown Law Journal called “Jurisdiction and Its Effects.”

“A judge might be unwilling to nullify a nondisclosure agreement simply to satisfy public curiosity if no broader health or safety issue were involved. But the power of such agreements to compel silence is limited,” said Professor Jodi Short in a NPR article about the Trump Organization’s routine use of confidentiality agreements.

“Will Congress get involved? Or will this make California rethink its permitting process? I think it might. I think it might,” said Professor Alice Armitage in a discussion on NPR Radio on Uber’s suspension of self-driving tests after a pedestrian is killed.

“Trump would have to testify under oath if he has to defend himself,” said Professor John Diamond in an article for Reuters on the two lawsuits from women who claimed to have an affair with the President.

Professor Radhika Rao discusses the Supreme Court hearing a challenge to the California disclosure law for anti-abortion centers on a panel for KQED Forum.

Professor David Takacs appeared on KQED’s California Report to discuss San Francisco and Oakland’s suit against oil companies for money to protect against sea level rise.

Professor Rick Marcus dubs Professor Scott Dodson “Mr. Jurisdiction” among American legal academics when reviewing his Fordham Law Review contribution “Jurisdiction in the Trump Era” for the Scholarship Blog.

Professor Dave Owen helped contribute to a multi-institution UC Water collaboration report on “Navigating Groundwater-Surface Water Interactions under the Sustainable Groundwater Management Act.”

“They’re not likely to drop dead tomorrow because of the coffee they drank today,” said Professor Marsha Cohen (@msprof) on ABC7News when discussing a California judges ruling that coffee should carry cancer warnings.
— “They create in some people concern that there’s something lurking in places and they don’t know what it is,” continued Professor Cohen in a CBS interview on the same subject.

“These are life or death matters. … Whether you win or whether you lose shouldn’t depend on the roll of the dice of which judge gets your case,” said Professor Karen Musalo in a Reuters Investigates piece determining that the difference between residency and deportation depends largely on who hears the case, and where.

Professor Rory Little (@rorylittle) made the SSRN’s top ten list (which he points out apparently only takes 37 downloads) for his paper “Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn a Careful Ban.”

Professor Jared A. Ellias presented his paper, “What Drives Bankruptcy Forum Shopping? Evidence from Market Data,” at the 2018 Weil, Gotshal & Manges Roundtable at Yale Law School.
— Professor Ellias comments on Professor Ben Depoorter’s new paper in the Journal of Institutional & Theoretical Economics titled “The Moral-Hazard Effect of Liquidated Damages” for the Scholarship Blog.

Professor Reuel Schiller remarks on Professor Binyamin Blum’s prize-winning article “The Hounds of Empire: Forensic Dog Tracking in Britain and its Colonies, 1888-1953” for the Scholarship Blog.

Professor George Bisharat appeared on Al Jazeera to discuss the recent violence against Palestinian protestors.

Marina Multhaup, Research and Policy Fellow at the Center for WorkLife Law (@WorkLifeLawCtr) and Professor Joan C. Williams co-wrote an article for the Harvard Business Review entitled “For Women and Minorities to Get Ahead, Managers Must Assign Work Fairly.”
— The Center for WorkLife Law served as legal experts in the formation and drafting of a practical guidance for healthcare providers on workplace issues for pregnant and postpartum women issued by the American College of Obstetricians and Gynecologists.
— The Center for WorkLife Law releases its Stable Scheduling Study and reveals the benefits & feasibility in retail for families and businesses.
— Slate mentioned The Center for WorkLife Law in a recent article stating that it has developed an online doctors’ note writing tool, which will generate specific language that they’ve found leads to better outcomes. “Terms like no stress or no physical activity can be overly broad. If an employer says, ‘We can’t provide them,’ then the employee needs to go home,” said Deputy Director Liz Morris.

The Center for Gender & Refugee Studies (CGRS) expressed support for the Fair Day in Court for Kids Act.
— CGRS and other groups challenge the Trump Administration’s arbitrary detention of asylum seekers.
— The lawsuit filed by CGRS was mentioned in a Just Security article on why holding asylum seekers without parole is unlawful.

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— Papi’s restaurant brings organic Mexican cuisine to the Tenderloin.

— 2Ls Simona Bandong, Stephanie Chu, Jiae Kang, and Keeon Jung enjoyed great Japanese cuisine at the community table of Elephant Sushi in the latest edition of TL Restaurant of the Month.

— The Tilted Brim for UC Hastings capsule collection of merchandise has officially launched.

— Himalayan Pizza Momo, located at 288 Golden Gate Avenue, is now open for business.

— The Asian Art Museum presents Testimony, an exhibition that asks, “What does it mean to belong?”

— The Row, an art collective and retail space, is now open at 276 Golden Gate Avenue with an opening party on Saturday, April 7 at 7 pm.

— PreLaw Magazine grades UC Hastings among the top schools in the nation for Environmental Law (A), Technology Law (A) and Intellectual Property Law (A+).

— UC Hastings was ranked in’s annual “Go-To Law Schools” report, which recognizes the 50 law schools with the highest percentage of recent graduates to snag associate jobs at the nation’s largest 100 law firms.

— UC Hastings hosted the UCLA Anderson Forecast, which focused on the economic forecast for the nation, California, and the Bay Area, and featured Lt. Governor Gavin Newsom and Professor Robin Feldman.

— HAYA and TCOB hosted the 2nd Annual UC Hastings Day at Courts event where a class of 5th graders from De Marillac Academy had the opportunity to tour the campus and meet with judges at nearby courtrooms.

— UC Hastings announces Congressman Adam Schiff as the 2018 Commencement Speaker.

— Haiti’s first law school clinic launches in collaboration with UC Hastings.

— The Demonstration Gardens hosted a screening of short films highlighting ongoing work to help activate the public spaces in District 6.

— Eighteen tech companies join the Startup Legal Garage for the spring semester.

— The Hastings Constitutional Law Quarterly Issue 3 of Volume 45, A New Era for Federalism, is now available.


— UC Hastings Trial Teams win the Triple Crown of regional competitions.

— 1Ls Ashley Lee and Kristina Krasnikova have been selected as PracticePro Diversity Scholars.

— 3L Samantha Ricci is headed to DC after graduation as part of the Department of Justice Honors Program.

— 3L John So was awarded the Garrick S. Lew Scholarship for his commitment to criminal defense practice after graduation.

— 2L Kristine Avena was awarded the Raymond L. Ocampo Jr. Family Scholarship, which was presented the Asian American Bar Association’s 42nd Annual Gala.

— UC Hastings students continued their legal studies throughout spring break from touring the courts in New Orleans to contributing pro bono work for the California Rural Legal Assistance.

— 3L David Casarrubias (with help from co-counsel 3L Mitchell Vanlandingham) made his first court appearance before the Ninth Circuit Court of Appeals through the Hastings Appellate Project (HAP).

— 3L Jack Budish helped coach the Tamalpais High School Mock Trial Team (“THMT”) to victory at the California State High School Mock Trial Championship. The team will now go on to Nationals as “Team California.”

— 3Ls Noor Kalkat, Cheryl Carolino, and 2L Elysia Buckley represented UC Hastings at the school’s first appearance at the L. Edward Bryant, Jr. National Health Law Transactional Moot Court Competition hosted by Loyola University Chicago School of Law.

— 2L Alisha Patton won second place (and $500) after submitting her seminar paper to the Sarah Weddington Writing Competition.

— 3Ls Allyson Wengert Pierce, “The Financial CHOICE Act: A Poor Choice for SIFIs,” and Danielle Santucci, “How the Fiduciary Rule Does Not Fully Protect the Average American from Conflicted Investment Advice,” were awarded this year’s Albert G. Evans Scholarship in Private Enterprise.

— Read the article from 1L Karlens Direny entitled “I didn’t think I could be a lawyer until I saw one who looked like me.”

— UC Hastings collaborates with Nate Torres ‘07 for a capsule collection of merchandise at his local Tenderloin boutique with a portion of the profits being donated to LEOP.

— Loeb & Loeb LLP announced that David A. Barksdale ’88, with his more than 30 years of experience in real estate finance and development, has joined the firm’s Real Estate Department as a partner in the Los Angeles office.

— Maxwell Pritt ’07 wrote a short article for The Recorder on the “negative trade secret” issues in the Waymo v. Uber trial.

— “This prosecution seeks to demonstrate to any high-profile defendant, especially one that is an undocumented immigrant, that their successful exercise of due process rights will not be respected and will result in the heavy hammer of a federal prosecution,” said Maria Belyi ’09 in a federal filing in the high-profile Garcia Zarate case.

— Kiran Sidhu ’16 had an article published by the University of Maryland Law Journal of Race, Religion, Gender & Class titled “The Supreme Court and the American Civil Liberties Union’s Colorblind Protection of Cross Burning in First Amendment Jurisprudence Legitimates White Supremacy.”

— Fram Virjee ’85 to take over as the president of Cal State Fullerton.

— “There will now be a full trial on climate science and what our federal government did to create this dangerous situation,” said Julia Olson ’97 in an article for the SF Gate on the landmark case Juliana v. U.S.

— ClearSign Combustion Corporation appoints Susanne Meline ’93 to its Board of Directors for her “diverse background of capital markets experience and law.”

— “The law requires you to look at whether these workers are controlled or not controlled by these companies… one important consideration is that many gig economy workers do what’s called ‘multi-apping.’ They log in and out of various platforms during a single workday… [and e]mployees don’t work that way,” said Simona Agnolucci ’06 when weighing in on the federal court case Lawson v. Grubhub.

— Employment trial lawyer Lynne Hermle ’81 talked about what inspires her for the Hsu Untied podcast.

— Matt Edling ’07 is taking on big polluters by litigating a climate change case against the oil industry in California state court.

— “At the end of the day, that person never would have been able to kill someone if he hadn’t been given access to a lethal, loaded weapon,” said Alison Cordova ’12, who recently became Principal at Cotchett, Pitre & McCarthy, LLP, when discussing the case of a San Francisco man killed with a cop’s stolen gun.

— Emanuel Townsend ‘15 completed his first jury trial and received a $2.3M verdict on behalf of a former Major League Baseball pitcher injured after confronting a man high on LSD trying to break into his home.

— Rick Darwin ’92 was appointed by Governor Brown as a judge on the San Francisco Superior Court.

— “It could call into question the integrity and impartiality of the court if a judge’s decision is influenced by factors outside the facts of the case, or if motions are denied out of a judge’s concern about keeping his or her job,” said Judge A. Ashley Tabaddor ’97 in an article for The Washington Post on theTrump administration seeking to impose quotas on immigration judges.

— Sotivear Sim ’07 shares his attorney heart and powerful personal story of being born in a refugee camp on the border of Cambodia and Thailand to working as an attorney for the California Labor Commissioner in an episode of Attorney Heart.

The UC Hastings community extends its heartfelt condolences to the families of Allen Haim ’65, Judge John Lynch Henning ’64, Dorothy Morris, Merritt Sher ’66, Neal Snyder ’72, and the Honorable Donald Thomas ’54.

— Allen Haim ’65 had a military career that spanned more than 20 years as a member of the Judge Advocate Corps where he attained a rank of Lt Colonel and later served a position with Marin County Counsel.

— Judge John Lynch Henning ’64 served as a judge for the Los Angeles Superior Court.

— Dorothy Morris was certified in law library administration and was appointed Fresno County Law Librarian for which she served for 33 years.

— Merritt Sher ’66 went into real estate where he helped to collaborate on the design of Hotel Healdsburg in Sonoma.

— Neal Snyder ’72 specialized in protecting children from abuse—an area he helped make a legal specialty—and became a role model for many others in the field.

— The Honorable Donald Thomas ’54 served as Deputy District Attorney at the courthouses in Salinas and Monterey before being appointed to the bench as Monterey County Municipal Court Judge by Governor Ronald Reagan in 1973. He later went into private law practice with partners Joseph R. and Leon E. Panetta, and Ralph W. Thompson III.