Faculty Achievements: Summer 2020

Publications

Scott Dodson, “A Critique of Jurisdictionality,” 39 Review of Litigation 355 (2020).

Scott Dodson, Book Review (The Conservative Case for Class Actions, by Brian Fitzpatrick), 54 Law & Society Review 522 (June 2020).

Veena Dubal, “AB5 to Democracy:  Economic Security & the Regulation of Gig Work in California,” published in Futuro do Trabalho: Os Eefeitos da Revolução Digital na Sociedade (Future of Work: The Effects of the Digital Revolution on Society) (July 2020).

Veena Dubal, “The Time Politics of Home-Based Digital Piecework,” 2020 Center for Ethics Journal: Perspectives on Ethics 50, Symposium Issue “The Future of Work in the Age of Automation and AI” (July 12, 2020).

Robin Feldman, “Perverse Incentives: Why Everyone Prefers High Drug Prices—Except for Those Who Pay the Bills,”  57 Harvard Journal on Legislation 303.

Robin Feldman, “Pharmaceutical Pay-for-Delay Reexamined: A Dwindling Practice or a Persistent Problem?,” UC Law SF Journal 71:959 (May 12, 2020) (with Laura Karas and Gerard Anderson).

Heather Field, “Tax MACs: A Study of M&A Termination Rights Triggered by Material Adverse Changes in Tax Law,” 73 Tax Lawyer 823 (Summer 2020) (peer-reviewed), available here from the journal’s website, and here recently posted on SSRN.

Sarah Hooper, “Improving Medical-Legal Advance Care Planning,” Journal of Pain and Symptom Management 60(2): 487-494 (August 2020) (with Charles Sabatino and Rebecca Sudore).

Sarah Hooper, “The Medical-Legal Partnership Model: A Focus on Older Adults and Social Determinants of Health,” Journal of the American Society on Aging, 43(4), 99-102 (2020).

John Leshy, “Public Land Policy After the Trump Administration: Is This a Turning Point?” 31 Colorado Natural Resources, Energy & Environmental Law Review 471 (2020).

Rory Little, “Clerking for a Retired Supreme Court Justice—My Experience of Being “Shared” Among Five Justices in One Term,” 88 G.W.U. Law Review Arguendo 83 (2020).

Ugo Mattei, “The Chinese Advantage in Emergency Law,” Global Jurist (August 3, 2020) (with Liu Guanghua and Emanuele Ariano).

Dorit Reiss, “When Public Participation Is Public Theatre: Misuse of Public Comment Opportunities by Anti-Vaccine Activists,” Stanford Law Review Online (2020) (with Barbara Romzek).

Dorit Reiss, “Considerations in Mandating a New Covid-19 Vaccine  for Children and Adults in the USA,” (with Dr. Arthur Caplan), Journal of Law and the Biosciences.

Jodi Short, “Improving Working Conditions in Global Supply Chains: The Role of Institutional Environments and Monitoring Program Design,” 73 ILR Review 873 (2020) (with Mike Toffel and Andrea Hugill).

David Takacs, “An Aye Aye for an Aye Aye: Making Biodiversity Offsets Sustainable,” 45 Columbia Journal of Environmental Law 519 (2020).

David Takacs, Book Review (Human Dignity and the Adjudication of Environmental Rights by Dina L. Townsend), 16/0 Law, Environment and Development Journal 11 (2020).

Jessica Vapnek (with Donald L. Revell), “Gender-Silent Legislative Drafting in a Non-Binary World,” Capital Law Review (2020).

Manoj Viswanathan, “An Updated Analysis of Corporate Behavior and the Tax Cuts and Jobs Act,” University of Chicago Law Review Online (July 2020) (with Nicholas Cohen).

Lois Weithorn, “Psychological Distress, Mental Disorder, and Assessment of Decisionmaking Capacity Under U.S. Physician Aid in Dying Statutes,” 71 UC Law SF Journal 637 (2020).

 

Works Accepted

Hadar Aviram, Book Review of Sarah Beth Kaufman, American Roulette: The Social Logic of Death Penalty Sentencing Trials (Oakland: UC Press, 2020), Punishment and Society.

Hadar Aviram, “The COVID-19 Prison Disaster in California and the Trap of Palatable Reform” (forthcoming, BOOM California – peer-reviewed).

Chimène Keitner, “Foreign Election Interference and International Law,” in Election Interference: When Foreign Powers Target Democratic Institutions (Duncan Hollis & Jens Ohlin, eds., Oxford Univ. Press, forthcoming 2020).

Chimène Keitner, “Protecting Election Integrity by Prohibiting Deception and Disenfranchisement,” CNAS/CERL/APPC Election Integrity Project Paper (forthcoming 2020).

Chimène Keitner, “To Litigate a Pandemic: Cases in the United States Against China and the Chinese Communist Party and Foreign Sovereign Immunity,” Chinese J. Int’l L. (forthcoming 2020).

Emily Murphy, “Evidence of Memory from Brain Data,” Journal of Law and the Biosciences (forthcoming 2020) (with Jesse Rissman).

Emily Murphy, “Brain-Based Memory Detection and the New Science of Mind Reading,” Chapter 12.8 for: M. Kahane and A. Wagner (Eds.), Handbook of Human Memory — Vol. II: Applications (forthcoming) (with Jesse Rissman).

Dorit Reiss (co-authoring with UC Law SF student Maddie Thomas), “More Than a Mask:  Stay-at-Home Orders and Religious Freedom,” San Diego Law Review.

Dorit Reiss, “The Covid-19 Dilemma,” Administrative Law Review Accord (forthcoming, November 2020).

 

Blog Posts, Op-Eds, and Magazine Columns

Jonathan Abel, “Police Misconduct Records Should Be Public”, Data for Progress, July 16, 2020.

Hadar Aviram, Triggers and Vulnerabilities: Why California Prisons Are So Vulnerable to COVID-19, and What to Do About It, Tropics of Meta.

Hadar Aviram, Gov. Newsom’s Release Plan Is Not Enough, San Francisco Chronicle.

Hadar Aviram, The Last Whiplash of the Balrog, L.A. Daily J., July 21, 2020.

Hadar Aviram, “A chance to loosen the past’s stronghold on our criminal justice system,” Daily Journal, May 6, 2020.

Veena Dubal, “A Brief History of the Gig,” Logic Magazine, Issue 10, May 4, 2020.

Robin Feldman, “Jaime King on Challenges to State Attempts at Controlling Prescription Drug Costs,” Scholarship at UC Law SF.

Nira Geevargis, “What employers should know about law school externship programs,” Daily Journal (May 1, 2020).

Sarah Hooper recorded Law and the Pandemic Podcasts on “How the Pandemic and Racism Collide. Law and the Pandemic Podcast” and “Clearing California’s Barriers to Creating Advance Care Directives Online.”

Jeff Lefstin, “American Axle Relies Upon Misreading of Old Precedent to Create New Law,Federal Circuit Blog (August 7, 2020).

Zach Price, Can Trump Defund the WHO?, ACS Blog (June 1, 2020).

Zach Price, DACA and the Need for Symmetrical Principles, SCOTUSblog (June 19, 2020).

Dorit Reiss, “Anti-vaccine protests hold lessons for journalists covering rallies against shelter-in-place orders,” Cal Matters (May 8, 2020).

Jodi Short, “Six Degrees of Delegation,” JOTWELL (June 24, 2020).

 

Speaking

Hadar Aviram spoke about Yesterday’s Monsters at:

  • Tattered Cover, Denver’s legendary bookstore, via YouTube (link here).
  • C-SPAN’s Book TV.

Hadar Aviram presented “Standing Trial for Lily: Criminal Legal Consciousness” and “Legal Mobilization Strategy Among Open Rescuers from Factory Farms” at the Law & Society Association Annual Meetings (May 2020).

Veena Dubal presented “Time Politics of Digital Piecework.” Future of Work Conference, Center for Ethics, University of Toronto (May 2020).

Veena Dubal presented “Surveillance is Not a Social Good: Technocapital, Public Health, and the Pandemic.” Ethics of Covid Speaker Series, Center for Ethics, University of Toronto (June 2020).

Veena Dubal presented “History of the Present of Labor and Employment Law” (with Kate Andrias) Mapping U.S. Law and Political Economy, Law and Political Economy Project Speaker Series (July 2020).

Robin Feldman presented on The Devil in the Tiers at:

  • The American Bar Association’s “Rising Drug Prices: Is Antitrust the Cure?”
  • The Coalition to Protect Patient Choice’s webinar, “Pharmaceutical Rebate Walls and Step Therapy”
  • The First International Summit on Interventional Pharmacoeconomics’ session on “Biosimilars and Patents Issues”

Robin Feldman gave a talk at Harvard Medical School regarding her recent research on pharmaceutical pricing and access.

Robin Feldman participated in a roundtable hosted in Washington DC to discuss her work related to pharmaceutical pricing and patent reform.

Heather Field presented “How States Undermine the Simplification Goals of the 2017 Federal Income Tax Reform” and commented on Leigh Osofsky and Kathleen Delaney Thomas’s paper, “De Minimis Tax Rules,” at the Association of Mid-Career Tax Professors Summer 2020 Zoomposium.

Sarah Hooper participated in a panel discussion hosted by Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School and the Coalition to Transform Advanced Care on “Advance care planning in the age of COVID: Lessons learned and policy implications” (July 2020).

Sarah Hooper participated in a panel presentation hosted by the National Center for Medical-Legal Partnership on “Advance Care Planning During COVID-19, An MLP Town Hall” (April 2020).

Chimène Keitner testified before the Senate Committee on the Judiciary at a hearing on “The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability” (June 23, 2020). Video; written testimony & appendices; responses to QFRs.

Chimène Keitner spoke on The Lawfare Podcast, “Taking China to Court Over the Coronavirus” (Jul. 1, 2020).

Chimène Keitner spoke on the Observer Research Foundation Video Series, “Can China Be Held Responsible Under International Law for the COVID-19 Pandemic?” (May 19, 2020).

Zach Price presented The Enforcement Mess: Federal Nonenforcement After UC Regents, Stanford University Hoover Institution, Working Group on Regulation and the Rule of Law  (July 20, 2020)

Dorit Reiss spoke about “COVID-19 and the Law” on the Accad & Koka Report Podcast (May 1, 2020).

Jodi Short presented “Monitoring: A Review of Research on Inspection and Compliance for Regulators” at a webinar for officials at the Environmental Protection Agency (May 2020).

Jodi Short presented “How Independence Shapes Business Partner Monitoring: Insights from Global Supply Chain Auditing,” at the Law & Society Association Annual Meetings (May 2020) and the Annual Meeting of the Labor & Employment Relations Association (June 2020).