Welcome to Engaged Scholarship at UC Hastings, a blog that reports on the scholarly activities of the UC Hastings Faculty. This blog replaces The World According to UC Hastings blog maintained by my predecessor, Evan Lee. Evan last posted in July, just before he left this position, so I have some catching up to do over the next few weeks!
Professor Robin Feldman’s book “Rethinking Patent Law” was published by Harvard University Press. Professor Feldman argues that patents cannot set clear boundaries for rights to an invention and that lawmakers should instead craft rules that anticipate the bargaining that will occur as rights unfold. Professor Sonia Katyal calls the book “a pathbreaking work that is required reading for anyone wishing to understand how our patent system operates—and how it should change for the future.”
In July, Professor Richard Zitrin’s book “The Moral Compass of the American Lawyer” was published in Japanese translation by Keiichi Muraoka, until recently Dean of the Hitotsubashi School of Law, Tokyo. It is the book’s third translation.
Professor William S. Dodge’s co-edited book International Law in the U.S. Supreme Court: Continuity and Change was published in a paperback edition by Cambridge University Press in August. The book, which covers more than 200 years of Supreme Court doctrine, won the American Society of International Law’s 2012 Certificate of Merit for high technical craftsmanship and utility to practicing lawyers and scholars. The awards committee said the book “promises to be the preeminent reference source in its field.”
Professor Kate E. Bloch published “Creating a Clearinghouse to Evaluate Environmental Risks to Fetal Development,” in the Hastings Law Journal. The article proposes an independent organization to collect, distill, interpret, and make accessible the research on environmental threats to fetal development and to apply that research to evaluating relevant U.S. policy.
Professor Heather M. Field published “The Return-Reducing Ripple Effect of the ‘Carried Interest’ Tax Proposals,” in the Florida Tax Review, a peer-reviewed journal. The article argues that tax proposals aimed at private equity and hedge fund managers pose risks to investors by upsetting the allocation of risks negotiated in fund agreements and incentivizing managers to take more risks.
Professor Chimene I. Keitner published “Optimizing Liability for Extraterritorial Torts: A Response to Professor Sykes,” in the Georgetown Law Journal. The piece responds to Professor Alan Sykes’s economic analysis of corporate liability under the Alien Tort Statute.
Professor Jaime S. King published “And Genetic Testing for All. . . The Coming Revolution in Non-Invasive Prenatal Genetic Testing” in the Rutgers Law Journal. The article examines a range of ethical, legal and social implications associated with introducing non-invasive prenatal genetic diagnosis into prenatal practice, and offers a novel solution to assist physicians and patients in making informed choices regarding reproductive genetic testing.
Professor Jaime S. King and her co-authors published “Cell-free fetal DNA testing for fetal aneuploidy and beyond: clinical integration challenges in the U.S. context,” in the journal Human Reproduction. They argue that there is an urgent need for policy-makers, regulators and professional societies to provide guidance on the most efficient and ethical manner for these tests to be introduced into clinical practice in the United States.
Professor Lois A. Weithorn published “Developmental Neuroscience and Child Protection Policy Reform,” in the Hastings Law Journal. The article addresses potential policy applications of research on the neurobiology of attachment, maltreatment, and trauma, with particular attention to the government’s articulated mission of safeguarding children’s welfare.
Chancellor and Dean Frank H. Wu published “Becoming Asian American: An Interview with Keith Aoki” In the U.C. Davis Law Review, as part of a memorial issue for the late U.C. Davis professor.
A number of UC Hastings faculty have publications forthcoming. Ben Depoorter has placed his article “Judicial Deference as a Litigation Opportunity” in the Columbia Law Review. William Dodge’s piece on “Corporate Liability Under International Law” will appear in the Georgetown Journal of International Law. Scott Dodson’s article “Presuit Discovery in a Comparative Context” will be published in the peer-reviewed Journal of Comparative Law. Robin Feldman’s study “The GAO 500: Effects of Non-Practicing Entities on Patent Litigation” was accepted for publication by the Duke Law & Technology Review. Keith Hand’s article “Understanding China’s Multilayered Legislative Supervision System: Congresses, Courts, Citizens, and Capacity Challenges” will appear in the Columbia Journal of East Asian Law. Chimene Keitner has five pieces in process: “State Courts and Transitory Torts in Transnational Human Rights Cases” in the U.C. Irvine Law Review; “Germany v. Italy and the Limits of Horizontal Enforcement: Some Reflections from a U.S. Perspective” in the Journal of International Criminal Justice; “Some Functions of Alien Tort Statute Litigation” in the Georgetown Journal of International Law; “Transnational Litigation: Jurisdiction and Immunities” in The Oxford Handbook of International Human Rights Law; and “The Future of Alien Tort Litigation: Kiobel and Beyond” in the Proceedings of the American Society of International Law. David Takacs accepted an offer from the Vermont Law Review for his article "Forest Carbon (REDD+), Repairing International Trust, and Reciprocal Contractual Sovereignty.” Richard Zitrin’s article “Mass Plaintiffs Bring Massive Problems” will be published in the St. Mary’s Law Journal.
Two of Professor Scott Dodson’s articles were cited and quoted extensively by Justice Lehrmann of the Texas Supreme Court on the jurisdictional character of state sovereign immunity. See Rusk State Hosp. v. Black, -- S.W.3d --, -- (Tex. 2012) (Lehrmann, J., concurring & dissenting).
In August, Professor Robin Feldman presented her recently published article “The Giants Among Us,” which looks at mass aggregators of patents, to the annual Intellectual Property Scholars Conference at Stanford Law School.
On September 13, Professor Darien Shanske spoke at the 32nd Annual National Conference of State Tax Judges.
On September 14, Professor Darien Shanske addressed the tax platforms of the presidential candidates at a panel on Tax Policy and Simplification at the Fall Meeting of the ABA’s Tax Section.
Professor Scott Dodson filed an amicus brief in support of neither party at the U.S. Supreme Court in Sebelius v. Auburn Regional Medical Center. The question in the case is whether the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by a fiscal intermediary is subject to equitable tolling. Professor Dodson does not take a position on that question but, drawing on his articles the Stanford Law Review and the California Law Review, argues that the Court can and should answer that question without resolving the “jurisdictionality” of the provision.
Professor David Takacs has been appointed a Legal Advisor for the Programme for Forest Carbon Law and Policy at University of Cambridge. Approximately 18% of carbon emissions are released from deforestation and forest degradation, and Professor Takacs is one of the leading legal scholars addressing this issue.