Thinkers & Doers Roundup: August 2018

Prof Evan Lee Cited in Ninth Circuit Habeas Corpus Opinion – CGRS releases “Congressional advocacy toolkit” – Prof Little weighs in on SCOTUS nominee Brett Kavanaugh’s jurisprudence – Alumna inducted into Trial Lawyer Hall of Fame – Prof Dubal discusses everything Gig Economy – What does death with dignity mean to patients and loved ones? – and much more


Professor Veena Dubal (@veenadubal) discussed “Gig Economy 101,” everything from the May 2018 California Supreme Court ruling in Dynamex v. Superior Court of Los Angeles County to the astounding fact that she has never used an Uber or Lyft, in a live interview with ARS Technica.

— “I have a lot of ambivalence about background checks,” said Professor Dubal in an article for the San Francisco Chronicle on Checkr adding ongoing screening for gig economy workers.

— “It seems like a public-shaming exercise, which is not the role of the police department … They are making it really accessible for folks who might wish these people harm to locate them,” said Professor Dubal in a comment for the Guardian’s article on Berkeley police under fire for publishing anti-fascist activists’ names and photos.

— Professor Dubal contributed an opinion to the Los Angeles Times entitled “The courts decided gig workers are covered by wage and overtime protections. Now their bosses are trying to evade the law.”

“The partisan nature of the inquiry attracted people with a partisan view. And you knew you were going to be well connected on the Republican side of the political aisle afterward,” said Professor Rory Little (@rorylittle) in an article for the New York Times on Supreme Court nominee Brett Kavanaugh’s involvement with Ken Starr early in his career.

— “[I]t would be double jeopardy if [a mistrial] were granted over a defendant’s objection, unless an appellate court found there was ‘manifest necessity’ for the mistrial. Judicial error is usually NOT ‘manifest necessity,’ unless the defendant requests the mistrial (in which case the double jeopardy problem is ‘waived’ or consented to,” said Professor Little in commentary for Above the Law on whether Manafort prosecutors should request a mistrial.

— Professor Little provides analysis on Supreme Court nominee Brett Kavanaugh’s criminal jurisprudence for SCOTUSblog.

Professor Emily Murphy co-authored an Op-Ed for the New York Times on the failure of a judicial panel to pursue claims of sexual harassment against Judge Alex Kozinski after his retirement and his “disappointingly easy” return to the public stage without being investigated.

Professor Jodi L. Short’s article, “The Trouble with Counting: Cutting through the Rhetoric of Red Tape Cutting” (forthcoming in the Minnesota Law Review), was mentioned by OMNIVORE in its post on the new Republican plan to deregulate America.

Professor Evan Lee’s scholarly article for the Hastings Constitutional Law Quarterly, entitled “Why California’s Second-Degree Felony-Murder Rule is Now Void for Vagueness,” was cited by Ninth Circuit Judge Ronald M. Gould in his opinion in the case of Henry v. Spearman.

“It’s important to remember that judges are incredibly reticent to move trials for a variety of reasons, meaning the defense generally has to go to extraordinary lengths to show that the particular circumstances of a case, news coverage of it and community sentiment, necessitate the move,” said Professor David Levine in an article for the North Coast Journal on whether the Marci Kitchen case should be moved for potential juror bias.

— “I would say more than 99 percent of the time the judges accept the plea agreement, so this one was a very big surprise,” said Professor Levine in an interview with ABC7 News on a judge’s rejection of a plea deal in the case of the Ghost Ship Fire.

— Professor Levine provided analysis on the jury’s award of a $289 million verdict in the Monsanto case for the San Francisco Chronicle.

— “To have made these cuts without considering the districts obligation under Title IX seems like an elementary mistake,” said Professor Levine in an interview with KTVU on Oakland school officials deciding to eliminate 10 sports at city high schools.

— Professor Levine appeared on KTVU to discuss what he expects the prosecutors’ strategy will be in the “Golden State Killer” case.

— Professor Levine was interviewed by Berkeleyside to discuss the legal regulations in operating a pop-up restaurant in Oakland.

— “When the attorney says, ‘This is protected; this is confidential’ … if the client can’t trust that, then the client won’t be as forthcoming,” said Professor Levine in an article for the San Francisco Chronicle revealing that Alameda County Sheriff’s Office secretly recorded juvenile and attorney.

KTVU interviewed Professor Levine for his legal analysis on Bay Area safe sites for needle injections and new bail reform legislation.

“We are essentially taking 1,000 students off of that market and that should open it up for others,” said Chancellor & Dean David Faigman in an article for the San Francisco Examiner that highlight the UC Hastings Long Range Campus Plan among other proposals to provide housing for San Francisco’s college students.

Professor Jaime King and Katie Gudiksen, senior research fellow at the Source on Healthcare Price and Competition, co-authored Commentary on California’s Drug Transparency Law (SB-17) for the September edition of Health Affairs.

— Professor King addressed the challenges of accessing robust data to inform cost containment, barriers facing building robust all payer claims databases at the National Academy for State Health Policy’s 31st Annual Health Policy Conference.

“The Poletts are glad that this 10-year legal odyssey is over, unless, of course, Zimmer appeals to the U.S. Supreme Court and then the International Court of Justice in The Hague,” said Professor Shanin Specter in the Legal Intelligencer on the Pennsylvania Supreme Court denying to reduce a $27 million verdict awarded to his client who needed four knee surgeries after her participation in a promotional video showing the success of her initial knee replacement.

— “By definition they are vulnerable to serious injury or death from getting an infection, and then you don’t wear gloves when you do an eye exam, and you don’t clean the ophthalmoscope?” questioned Professor Specter in an interview with The Inquirer about claims from twenty-three infants who contracted infections after eye exams in the intensive-care unit at Children’s Hospital of Philadelphia.

Professor Joel Paul (@JoelRichardPaul) appeared on WNYC to discuss Chief Justice John Marshall’s impact on America.

“NEDBELS is fostering debate around the importance of pushing legislation forward in order to design more efficient provisions for fighting stigmatization, rejection, and discrimination of neurodiverse people,” said Professor Andrea Lollini in an article for News Medical Life Sciences featuring his research on the impact of neurodiversity concept on legal systems.

“It really is high prices that drive high costs, and high prices correlate very strongly with high concentration, and concentration is just another way of saying leverage — the ability to demand more for your goods and services,” said Professor Tim Greaney in an article for Gatehouse News on the ongoing investigation into the rising costs of prescription drugs.

Kathryn Tucker, Executive Director of End of Life Liberty Project, appeared on Dr. Bob Uslander’s podcast “A Life and Death Conversation” to discuss what death with dignity means to patients and their loved ones.

“I think value-based pricing is on the horizon – I believe we are headed in that direction,” said Professor Robin Feldman (@RobinCFeldman) in an article for MedCity News on the growing interest in value-based drug pricing.

— “Everybody may be pointing fingers, but it’s tough to get a handle on the details because the information is so deeply hidden,” remarked Professor Feldman for MedCity News in its reporting on the Administration’s limited power to curb PBM rebates despite role in drug costs.

Professors Hadar Aviram (@aviramh) and Joel Paul appeared on UCTV to discuss “The Mueller Investigation: The Ins, The Outs, and Future Directions.”

— “This is the first direct answer we have received in a court of law to the classic Watergate question, ‘What did the President know and when did he know it?’” commented Professor Aviram in an interview with KPIX5 that breaks down the Michael Cohen plea deal.

Professor Alice Armitage, CEP (Chief Executive Professor) of LexLab, shared some of her thoughts on what clients want from their firms, products, and lawyers, in her first posting for LexLab Blog.

“It’s going to cause people to think twice about some of the stereotypes that are being propagated about women in the Middle East, Muslim women in particular,” said Professor George Bisharat in an article for Middle East Eye on the possibility of two Muslim women being elected to Congress this year.

Professor Frank H. Wu (@frankhwu) contributed an article on “Doubts About Diversity” for Diverse.

— Professor Wu continues his regular column for the Daily Journal.

— Professor Wu was honored with the NAAAP100 Award at the annual Leadership Convention.

— Read Professor Wu’s review of the film “Crazy Rich Asians” for Film Inquiry.

— Professor Wu was a keynote speaker for the Cupertino Rotary on the subject of Chinese immigrants and their American children.

— Professor Wu contributed a piece to the Daily Journal entitled “Edited Out of the Law.”

The Center for Gender & Refugee Studies (CGRS) joined groups challenging the Trump Administration’s attacks on asylum protections.

— “What we’ve been seeing are claims that should pass this credible fear interview or border screening are being denied” based on Sessions’ new order, said Eunice Lee, co-legal director at CGRS, in an interview with NBC News on the pushback against the Administration’s deportation policies.

— CGRS released its new “Congressional advocacy toolkit on Matter of A-B-,” developed in partnership with Futures Without Violence.

UC Hastings, led by the Center for Negotiation and Dispute Resolution, was honored with the Ninth Circuit 2018 ADR Education Award.


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Congratulations to George and Lennie’s Brett and Get High on Mountains’ artist Katie on the birth of their newest addition, Finn Alexandra.

The TLCBD Clean Team continues its impressive maintenance of the streets and sidewalks of the Tenderloin.

Interested in finding the “hidden treasures” that are San Francisco’s rooftop public spaces?




UC Hastings hosted the 2018 Convocation where students, alumni, faculty, staff, and friends welcomed the Class of 2021, and celebrated the College’s 140th Anniversary and the 50th Anniversary of LEOP

UC Hastings and World Affairs, with the support of Professor Chimène Keitner, are presenting a Democracy, Technology and Security Speaker Series.

Highlights from the UC Hastings Law Library Annual Report, 2017-2018.

UC Hastings published the second edition of The Judges’ Book: Scholarship for the Bench, a selection of relevant faculty writings geared toward a judicial readership.

Congratulations to the 2018 Tony Patiño Fellows, 2018 grads Kelsey Campbell, Samuel Francis, and Daniel Galindo, and 3Ls Ian Murphy, Leanna Marie Sac, and Belle Yan. The newest Fellow-Elects are 1Ls Shannon Gillespie McComb and Jessica Yu.

The UC Hastings Center for Business Law, led by Director Jared Ellias, is ready to launch.

UC Hastings was honored with the 2018 CLEO EDGE Award in Education.

UC Hastings and California ChangeLawyers are hosting Equity Summit 2018, an intimate panel discussion featuring Contra Costa District Attorney, Diane Becton and San Francisco Assistant District Attorney, Xochitl Carrion ’07.

UC Hastings is hosting a special event featuring Chief Justice Asher Grunis, former President of the Israeli Supreme Court.



2L Chelsea Sachau split time between working on asylum cases for detainees in Arizona and crossing the border to provide orientations to migrants in Mexico as a clerk for the Florence Immigrant & Refugee Rights Project this summer.

2L Erin Sclar spent her summer at the Harvard Law School’s Center for Health Law Policy and Innovation to assist their efforts to make systemic changes that help people get better health care.

3L Arturo Reyes contributes to the #summergig series with a Q&A about working at Earthjustice in New York City.


“Look out for how law will be shaped in the 21st century. Look out for the next wave of lawyers. Look out for UC Hastings.” The latest video produced by our friends at Corduroy Media features 3L Katie Beyer, 2L Myell Mergaert, and Jordyn Bishop ’17, with cameos from Senator Kamala Harris ’89 and Zahra Billoo ’09.


 Jennifer Keller ’78, whose accolades include trying over 150 cases to jury verdict, winning two CLAY Awards, and being named ten times to the Daily Journal’s California’s Top 100 Lawyers, will be inducted by the California Lawyers Association to the Trial Lawyers Hall of Fame.

Sammy Chang ’18 was recognized by the ABA Council of Legal Education for his outstanding service.

Mark Sundahl ’01 is one of the world’s leading Space Law experts.

Christina M. Marroquin ’03 was appointed by Nebraska Governor Pete Ricketts as a judge for the state’s Fifth Judicial District.

Judge A. Ashley Tabaddor ’97, the head of the immigration judges’ union, was featured in the Recorder for her filing of a grievance with the DOJ’s Executive Office of Immigration Review over the removal of a colleague in Philadelphia.

Kevin C. Sagara ’87 was named the chairman and CEO of San Diego Gas & Electric.

Tiffany Ku ‘17 contributed an article on “State-Sponsored Hash Searches & the Reasonable Expectation of Privacy” to the UC Hastings Law Journal.

Loeb & Loeb LLP announced that it has expanded its presence on the West Coast with a new office in San Francisco and added Alison Sundberg ’12 as an associate.

Jacob Erez ’18 published “Haikus for Lawyers,” a collection of 120 witty haikus about lawyers and the legal profession.

Justice Lidia Stiglich ’95 was featured in an article for the Nevada Appeal on urging more voters to participate in elections for judicial posts.

Rye Murphy ’12 recently published “Competing Ideologies at the Formation of the Federal Class Action Rule: Legal Process Versus Legal Liberalism,” in the Drexel Law Review, which draws from information he learned from Professors Reuel Schiller and Richard Marcus.

Judge Sarah Backus ’84 made national headlines and has received death threats for granting bail in a prolific New Mexico case.

Adante Pointer ’03 and Melissa Nold ’14 were awarded a jury verdict of $2.75 million for their client in their civil rights/wrongful death case.

Son, soldier, husband, father, widower, adman, inventor, CEO, woman: Jessica Schiller ’02’s long path to emancipation was featured by San Francisco Magazine.

Elizabeth Lincoln ’18 receives 2018-2020 Equal Justice Works Fellowship.

Congratulations to Jerome C. Pandell ’06 who is now engaged to his partner Emlyn Struthers.

John Betz ’96 was featured on NBC’s “Dateline” for his efforts to house the homeless in Venice, California.

Héctor Ruiz ’18 is working for justice at the border with the Immigrant Justice Corps.


 The UC Hastings community extends its heartfelt condolences to the families of Chris Lockard ’06, Francis Cornelius Buchter ’66, Jon Peter Dixon ’69, Jacqueline Tokos Lentz ’13, David Greenleaf Moore ’64, June Moroney ’75, Judge Peter Anthony Nowinski ’69, Stanley Lowell Smith ’67, Salle Seaman Soladay ’65, and George S. Youngling ’52.

 Chris Lockard ’06’s engaging personality and the high regard in which he was held by family, friends, and colleagues cannot be captured in a listing of his accomplishments. Instead, read Melissa Lockard’s touching tribute to her husband in the Athletic.

Francis Cornelius Buchter ’66 became Chief Legal Counsel for the California Department of Parks and Recreation only 8 months after law school and remained in service there for 30 years.

Jon Peter Dixon ’69 served in the JAG Corps in Vietnam and was awarded the Bronze Star Medal in 1969, later becoming a respected San Francisco attorney and a member of the American Board of Trial Advocates Foundation.

Jacqueline Tokos Lentz ’13 worked for several years as a U.S. Congressional aide in the Tenth Congressional District and practiced political law as an attorney with the law firm of Nielsen Merksamer in San Rafael.

David Greenleaf Moore ’64 had a successful 52-year long career as an attorney with Reid & Hellyer where he earned a reputation as a preeminent trial attorney, whose accolades include serving as lead counsel for over 20 jury trials, membership in the American College of Trial Lawyers and the American Board of Trial Advocates, and annual listings as both a “Super Lawyer” and one of “The Best Lawyers in America.”

June Moroney ’75 practiced law along with other trailblazing women attorneys in California and was involved in various organizations, including the Napa Valley Democrats, Planned Parenthood, and the Marine Mammal Center in Sausalito.

— Judge Peter Anthony Nowinski ’69 devoted his legal career largely to public service. As a young trial attorney, he joined the Civil Division of the United States Justice Department in Washington D.C. and managed the U.S. government’s response to the asbestos litigation crisis. He later served at the Office of the United States Attorney in Sacramento as First Assistant U.S. Attorney then U.S. Attorney. Judge Nowinski returned to the Justice Department in Washington as Chief Associate Deputy Attorney General, but left his position after being appointed U.S. Magistrate Judge for the Eastern District of California in 1990.

Stanley Lowell Smith ’67 seemed to collect higher education degrees just for fun and opened a private law practice in 1986 with his wife Lois, which they ran together until retiring in 2000.

Salle Seaman Soladay ’65 was inspired to start a legal career in political advocacy after being escorted out of a House Un-American Activities hearing in San Francisco by a federal marshal for applauding a rebuke of the McCarthy-era interrogation. She became an outspoken female attorney in a male dominated profession, representing individuals who were victims of discrimination and institutional racism, including an early transsexual medical malpractice case and a death penalty appeal for a man with intellectual disabilities.

George S. Youngling ’52 served with the United States Merchant Marines in the North Atlantic, Mediterranean, and Pacific during World War II and later practiced law for more than fifty years.