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          Friday, January 25, 2013

          Highlights of Recent Scholarship

          Books in Print

          John Leshy has published the fifth edition of his casebook “Legal Control of Water Resources.”

          Articles in Print

          Professor Scott Dodson has published two pieces: (1) “When Does a Legal Malpractice Action ‘Arise Under’ Federal Patent Law?” in the Supreme Court Preview; and (2) “A New Look at Dismissal Rates in Federal Civil Cases” in Judicature. The latter finds, based on an original dataset of civil claims subject to a motion to dismiss in federal court, that factual-insufficiency dismissals have increased significantly after Twiqbal.

          Robin Feldman’s article “Understanding and Incentivizing Biosimilars” has just appeared in the Hastings Law Journal. It analyzes the Biosimilars Act and the draft guidances recently released by the FDA.

          Professor Beth Hillman has published a review of two books on U.S. bombing, including Mark Clodfelter’s “Beneficial Bombing: The Progressive Foundations of American Air Power, 1917–1945” and Robert S. Ehlers Jr’s “Targeting the Third Reich: Air Intelligence and the Allied Bombing Campaigns,” in the American Historical Review.

          Professor Christian Mammen’s article “Patent Claim Construction as a Form of Legal Interpretation” was published in the John Marshall Review of Intellectual Property Law. The article argues that patent claims are a unique type of legal text, and cannot simply be analogized to statutes or contracts.

          Professor Susan Morse has published “Ask for Help, Uncle Sam: The Future of Global Tax Reporting” in the Villanova Law Review. The article suggests several tactics that U.S. administrators of the Foreign Account Tax Compliance Act can use to persuade non-U.S. governments to cooperate with the global information reporting project of FATCA.

          Professor Morris Ratner has published “A New Model of Plaintiffs’ Class Action Attorneys” in The Review of Litigation. The article surveys the varieties of lawyers and law firms working on different types of class-action cases, each combination of which produces a distinct array of incentives and calls for tailored responses to the principal-agent problem in class actions.

          Professor Ratner has also published “Achieving Procedural Goals Through Indirection: The Use of Ethics Doctrine to Justify Contingency Fee Caps in MDL Aggregate Settlements” in the Georgetown Journal of Legal Ethics. The article argues that by imposing across-the-board limits on contingency fees recoverable by individually-retained counsel, MDL trial courts have effectively re-written fee contracts between lawyers and clients in tens of thousands of cases.

          Professor Kelly Weisberg published “Lindsay’s Legacy: The Tragedy That Triggered Law Reform to Prevent Teen Dating Violence” in the Hastings Women’s Law Journal. The article explores the impetus for law reform to prevent teen dating violence (TDV), movement, provides an analysis of state laws on TDV prevention, and examines pending federal legislation that overcomes a fundamental obstacle to the enactment of these state laws.

          Accepted for Publication

          Professor Hadar Aviram’s piece “From Ideals to Money on Death Row” has been accepted for publication by the ABA Journal.

          Professors Blaine Bookey and Karen Musalo have co-authored an article “Crimes without Punishment: An Update on Violence against Women and Impunity in Guatemala,” which will appear in the Hastings Race and Poverty Law Journal.

          Professor John Crawford’s article “Predicting Failure” will appear in the Virginia Law & Business Review.

          Professor Chimène Keitner’s article “Adjudicating Acts of State” is forthcoming in Foreign Relations Litigation in U.S. Courts: The 25th Sokol Colloquium.

          Professor Susan Morse’s article “Tax-Haven Incorporation for U.S.-Headquartered Firms: No Exodus Yet” will be published in the National Tax Journal.

          Professor Radhika Rao’s essay on "How (Not) to Regulate ARTs: Lessons from Octomom," will be published as a chapter in the book Sex, Genes, and Race: the New Biopolitics (2013).

          Professor Jodi Short  has a book review forthcoming in Law & Social Inquiry that explores how the deterrent effect of securities law is undermined by the norms embodied in the shareholder value conception of the corporation— “Competing Normative Frameworks and the Limits of Deterrence Theory: Comments on Baker and Griffith’s Ensuring Corporate Misconduct.”

          Speaking

          On November 13, Professor Chimène Keitner participated in a panel “Nationalism Within and Without States: Can the Decentering Hold?” at USC where she and UCLA History Professor David Myers discussed her book “The Paradoxes of Nationalism: The French Revolution and Its Meaning for Contemporary Nation-Building.”

          On November 27, Professor Rory Little gave a talk on “Our Framers as Trial Lawyers” at the Association of Business Trial Lawyers in San Diego.

          On December 7, Professor Jodi Short spoke at MIT on “Organizational Challenges to Regulatory Enforcement and Compliance.”

          On December 10, Professor Robin Feldman spoke at the FTC/DOJ workshop on Patent Assertion Entities in Washington, DC.

          On January 3, Professor Scott Dodson discussed “The Short Paper” at the AALS Annual Meeting in New Orleans.

          On January 9, Dean Frank Wu spoke about “The Ethics of Marketing Legal Education in a Shrinking Job Market” at the Ingram Memorial Symposium at Santa Clara Law.

          On January 10, Professor Robin Feldman spoke to the Patent & Trademark Office in Washington, DC regarding proposed sunshine rules requiring reporting of real-parties-in-interest for patents.

          On January 11, Professor Beth Hillman spoke on sexual assault in the military before the U.S. Commission on Civil Rights in Washington, DC.

          On January 14, Professor Susan Morse presented her paper “A Corporate Offshore Profits Transition Tax” at University of Texas. 

          On January 18, Professor Morse explained why “The Transfer Pricing Regs Need a Good Edit” at a symposium on Tax Advice for the Second Obama Administration at Pepperdine Law School.

          Other Evidence of Engaged Scholarship

          Professor Chimène Keitner has been elected to the American Law Institute.

          Professor Radhika Rao was invited to serve on the Board of Governors of the new Fulbright Academy of Law, Peace, and Public Health.
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