Legally Speaking

          In conversation with UC Hastings Professor Joan C. Williams.

          UC Hastings Professor Joan Williams welcomes U.S. Supreme Court Associate Justice Ruth Bader Ginsburg for a conversation that touches on a broad range of subjects, from opera to marriage to work/life balance, doctrinal questions, and cases from the 1970's to present, including the court's role in establishing individual rights and equal protection. 

          School Spirit

          Funky Chicken

          After 138 years of teaching law and producing first-class legal scholarship, we began to wonder if perhaps we are just a little too focused. Maybe we should look a little more like other institutions...

          Fiat Justitia

          Justice is what you do.

          Why We Work For Justice
          The UC Hastings seal carries the words fiat justitia -- Let Justice Be Done. This motto is not a hollow promise; it is who we are and what we do.
          Wednesday, July 05, 2017

          Thinkers & Doers: June 2017

          Sherlock Holmes Syndrome -- Clara Foltz lounge is the new (temporary) KQED TV studio -- Professor Joan C. Williams on a talk radio tour -- Why Do We Work for Justice? -- Politico says Trump Hearings Launch Kamala Harris -- #SummerOfLaw -- Was alum a potential running mate for President John F. Kennedy? -- and much more
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          The Clara Foltz lounge was transformed into a television studio to film an episode of KQED Newsroom featuring Professor Rory Little.


          “They fall for Sherlock Holmes syndrome. They don’t need to provide a wall of proof, just bricks in a reliable fashion,” said Chancellor and Dean David L. Faigman in an article for Undark discussing the reliability of certain forensic science practices in criminal prosecution. 

          “If Trump doesn’t deliver for them by toppling that system, you know what that would remind them of? Every other president in recent history,” states Professor Joan C. Williams (@JoanCWilliams) in an article for the Columbia Journalism Review about “Drive-by journalism in Trumplandia.” 
          -- Did we mention that Professor Williams has published a new book with Harvard Business Review Press called "White Working Class: Overcoming Class Cluelessness in America," as an expansion of her widely shared essay (we mean more than 3.5 million shares!) on the working class and the 2016 presidential election. 
          -- Professor Williams will be promoting her book at a Book Passage event to be held at the Ferry Building on Thursday, July 6 at 6:00 p.m. 
          -- Professor Williams’s book “The White Working Class” was referenced and applied to Canadian politicians in an article for the Toronto Star. 
          -- Slate extensively references Professor Williams’s book in their article entitled “I’m Hearing You’re Really Angry,” which gives advice on how to talk to the white working class without insulting them. 
          -- Professor Williams made a guest appearance on NPR’s On Point with Tom Ashbrook to converse with liberal activist writer Naomi Klein and the host about Klein’s “Call For An Unapologetic Trump Resistance.” 
          -- Professor Williams continued her talk radio tour with a live discussion on the “Misconceptions About the White Working Class” for KQED Radio’s Forum. 

          Professor James M. Wagstaffe released a new 3-volume Practice Guide on Federal Civil Procedure Before Trial, which was published by Lexis Nexis in conjunction with The Wagstaffe Group. 

          Professor Robin Feldman (@RobinCFeldman) comments on the Department of Justice declining to request certiorari in the AmEx antitrust case for Bloomberg Law. 
          -- Professor Feldman’s startup study was cited in an editorial in the Mercury News on the Supreme Court ruling in TC Heartland vs. Kraft Foods. 
          -- Professor Feldman was interviewed by Russ Roberts on the EconTalk podcast to discuss her forthcoming book “Drug Wars: How Big Pharma Raises Prices and Keeps Generics Off the Market.” 
          -- “If you can’t beat them, then join them or at least buy a piece of the action. That is what Comcast is doing,” said Robin Feldman for after it was announced that Comcast ranked No. 4 in the U.S. as corporate backer of start-ups. 
          -- Professor Feldman gave an interview to NBC’s Brenda Breslauer on the Chinese State IP Organization decision on CRISPR gene-editing patents.
          -- Professor Feldman also gave an interview to Roger Parloff, freelance writer for Yahoo, on the Apple/Qualcomm antitrust and patent worldwide disputes.

          Professor Richard Boswell discusses how Trump’s tweets may hurt his travel ban case for the San Francisco Chronicle. 
          -- Professor Boswell appeared on KPIX TV to discuss the Supreme Court’s decision to allow a limited version of President Trump’s “Travel Ban” to take effect. 
          -- “The Travel Ban – a Glass Half Empty or Half Full?” Professor Boswell discusses for his immigration blog All Things Immigration. 

          Distinguished Professor Frank H. Wu (@frankhwu) was elected Vice Chair of National Advisory Committee on Institutional Quality and Integrity (NACIQI). 
          -- Professor Wu spoke at the 2017 Minnesota State Bar Association Convention. 
          -- Professor Wu appeared for an interview with the Chinese-speaking media. 
          -- Professor Wu wrote a piece for the National Law Journal that applauds law school leaders who make the toughest decisions to address the problems of legal education. 
          -- Professor Wu’s open letters on the Chinese America divide were referenced in an article for SupChina. 
          -- Professor Wu provided analysis for Asia Society on how has America changed 35 years after the Vincent Chen murder. 
          -- Professor Wu contributed his opinion on everything from the Supreme Court case involving the music group the Slants, to the Redskins, to how you cannot tell the age of Asians for the Huffington Post. 
          -- “Diversity is a process like democracy. It’s a process, not an outcome. We march, we rest our weary feet, we march again,” said Professor Wu at a convention for the Minnesota State Bar Association. 
          -- Professor Wu was featured in an article for the World Journal epaper. 
          -- Professor Wu contributes a Thought Experiment on Family Photos Versus Ethnic Exclusion for the Huffington Post. 

          “The fact that professional employees are excluded from the FLSA’s benefits made complete sense in 1938 because no one expected professionals would be doing repetitive tasks,” says Professor Reuel E. Schiller in an ABA Journal pushing for better pay for contract lawyers. 
          -- The New Rambler was the latest publication to review Professor Reuel Schiller’s Forging Rivals: Race, Class, Law, and the Collapse of Postwar Liberalism. 

          Professor Hadar Aviram (@aviramh) was live in studio with KTVU to provide analysis and commentary on the James Comey testimony.
          -- Professor Aviram also appeared on KQED to comment on a recently settled claim from a San Francisco firefighter that was allegedly sexually harassed on the job.

          Professor Rory Little (@RoryLittle) was on KCBS discussing the potential criminality of some of President Trump's comments: "When a mafia boss says, boy I sure hope nothing happens to that can charge" as crime. “But let me be clear,” clarifies Professor Little, “I don't think any prosecutor should charge a crime solely on an uncorroborated one-witness account of a crime. And moreover I don't think criminality is required or really even relevant to the political question of Presidential misconduct.” 
          -- Professor Little appeared again on KCBS with Phil Matier.
          -- "You know, you don't just walk away from a job because it's hard. You don't walk away from a job because it's not necessarily going the way you thought," said Professor Little when discussing the challenges faced by his friend Deputy Attorney General Rod Rosenstein in an article for NPR. 
          -- Professor Little was a special guest at a luncheon for the Marin County Bar Association to speak on high profile SCOTUS cases. 
          -- The Bay Area Lawyer Chapter of the American Constitution Society presented a Supreme Court Term Review that featured a distinguished panel of U.S. Supreme Court experts, which included Professor Little, Supreme Court of California Justice Goodwin Liu, and UC Berkeley Law Interim Dean Melissa Murray. 

          KQED Newsroom was on the road and filmed live from the UC Hastings Clara Foltz Lounge with guest panelists KQED politics & government reporter Marisa Lagos, University of San Francisco political science professor James Taylor, and our very own Professor Rory Little. 
          -- KQED Newsroom was on the road again at UC Hastings, this time with KQED politics and government senior editor Scott Shafer, Politico senior writer Carla Marinucci, and Professor Little. 

          UC Hastings hosted Above the Law for its inaugural “Better Know A Circuit” podcast featuring Ben Feuer, Professor Rory Little, Julie Yap, and Elie Mystal discussing the past, present, and future of the Ninth Circuit. 

          Professor Chimene I. Keitner’s (@KeitnerLaw) scholarship provided essential background and context for the Puerto Rico status referendum. 

          Emeritus Professor George Bisharat opines in the Sacramento Bee that denouncing a peaceful group, like the Muslim Brotherhood, will set back the war on terror. 

          Professor Mai Linh Spencer discusses the California Supreme Court’s ruling in People v. Gutierrez and putting the reason back in "sincere and reasoned" review in a piece she co-authored with Laura Kelly for the Daily Journal. 

          “I am disappointed that it had to get to this point for there to need to be a change, and for there to be enough consumer pressure for them to need to make a change,” says Professor Veenal Dubal (@veenadubal) in an article for SFGATE on the Uber board of directors calling an emergency meeting to make major decisions on the future of the ride-hailing company. 
          -- Professor Dubal weighs in and notes that families of Uber drivers sometimes “end up homeless, because they literally cannot make enough money to pay for their vehicles and to fulfill any of their basic living needs” in an article for the Guardian. 

          "You have to remember, we elected a President of the United States. We did not elect a king. We did not elect an emperor," exclaims Professor David Levine in an interview on the “Travel Ban” with the Associated Press. 
          -- Professor Levine was also on the set live at KTVU at least six times in June talking about the travel ban case. 

          Professor Heather Field’s scholarly article entitled, A Taxonomy for Tax Loopholes, “yields compelling insights into the different perceptions of the tax system—and its problems—among different groups,” according to a glowing review in TaxProfBlog. 

          Listen to Professor Jaime King on the This Week in Health Law podcast discussing competition and consolidation in healthcare delivery. 

          Professor Zachary Price has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. 

          “Rather than dealing a blow against science or vaccines, the court sought to balance individuals’ rights against society’s interest in preventing disease,” states Professor Dorit Rubinstein Reiss (@doritmi) in an article for Science Magazine on a recent ruling by the European Court of Justice which could open the door for vaccines potentially being blamed for disease without scientific proof. 

          “I wouldn’t say it means a lot for the majority of technology companies. This is a story about dominant positions and the abuse of dominance,” said Professor Ben Depoorter in the Corporate Counsel on the recent and massive antitrust penalty imposed on Google by the European Union. 

          Professor David Takacs discussed environmental law and the Paris Climate Accord on the latest episode of The Law is My Ass podcast hosted by rising 3L Sid Singh and Joe Creitz ‘92. 

          The Stanford-Yale-Harvard Junior Faculty Forum selected UC Hastings Professor Jared Ellias's new paper “What Drives Bankruptcy Forum Shopping? Evidence from Market Data” to discuss at its annual conference. 

          “Dads too often face discrimination at work when they request time off to care for their newborn and newly adopted babies,” writes Jessica Lee, staff attorney for the Center for WorkLife Law (@WorkLifeLawCtr), in a piece for the Huffington Post. 
          -- Jessica Lee, staff attorney at the Center for WorkLife Law, is quoted in while discussing the challenges faced by U.S. postdoctoral researchers when trying to start families. 

          The Bay Area’s affordability crisis is hitting local college students, but “building student housing takes students off Craigslist and helps stabilize the rent market,” says UC Hastings Chief Financial Officer David Seward in an article for BISNOW. 

          With the United States issuing new visa criteria for 6 Muslim nations, Eunice Lee, co-legal director of the Center for Gender and Refugee Studies, discusses what would satisfy some of these new standards for the Mercury News. 

          IT'S JULY -- Got a tip? Feedback? News to share? Let us know. By email: 


          Heather Field – Reuel Schiller – Debra Gerardi – Lois Schwartz – Fabiola Tavui – Lesley King – Katharine Mason – Jeffrey Herrera – Jordan Ketring – Lisa Mccorkell – Christine Natoli – Wesley Walker – Teresa London – Jenifer Reeve – Michael Martzke – Anne Marie Helm – Hilary Low – Sandy Plenski


          -- “The Tenderloin Awakens,” according to the San Francisco Business Times. Their feature notes that after years with no new development, the neighborhood is about to see shovels for new construction. 

          -- A half dozen federal judges, over 100 judges and lawyers from around the world, and many local luminaries will be in San Francisco on the week of July 9 to host free programs for young justice professionals. 


          -- The Peggy Browning Fund has awarded a 10-week summer fellowship to rising 2L Jeremy Chan. 

          -- Pastry chef turned law student, rising 3L Ally Pierce, takes the cake by receiving the American Bankruptcy Institute’s 2017 Medal of Excellence. 

          -- UC Hastings students had a strong presence at the Asian American Bar Association’s Summer Diversity Reception. 

          -- What’s your #SummerOfLaw? 

          -- Rising 3L Liz Medrano is working at a workers' rights firm in NYC and gives her regards to Broadway. 

          -- "The War on Drugs is soooo 1971," says rising 3L Jeremy Schwartz, who is working this summer at Vicente Sederberg in Denver. 



          -- Abby Ginzberg ’75 directed a documentary entitled “And Then They Came for Us” about the forced internment of Japanese Americans during World War II. 

          -- In an article for the Los Angeles TimesKamala Harris ’89 says she hasn't considered running for president. 

          -- According to CNN, Senators try to quiet Kamala Harris, but she doesn't back down. 

          -- Trump hearings launch Kamala Harris says Politico. 

          -- We’ll take "Things Have Changed" for $2,000, Alex! See Kamala Harris’s debut as an answer on Jeopardy. 

          -- Defense attorney Michael Lasher ’94 wrote a tell-all memoir on his experiences representing death row inmates. 

          -- The National Council of Juvenile and Family Court Judges’ (NCJFCJ) has named District of Columbia Superior Court Judge Karen Aileen Howze ‘77 as Judge-in-Residence. 

          -- Dr. Alan Ray ’90 was named 9th President of Fisher College. 

          -- Universal Music Group announced Thursday that digital entrepreneur Tuhin Roy ‘99 has been appointed to the newly created position of Vice President of New Digital Business. 

          -- Learn a little more about Ilya Gelman, the long-time security officer at McAllister Tower who retired after 23 years of service. 

          -- Behind the success of every hit maker are the lawyers, like Larry Iser ‘80, who field the deliberations, deals, and disputes that are a constant part of today’s entertainment business, says Billboard

          -- Former Bureau of Marijuana Control and California Department of Public Health Attorney Alexandra Stupple ‘13 is joining as a partner in the Sacramento office of D|R Welch Attorneys at Law. 

          -- “Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?” This Op-Ed in the Recorder discusses Juliana v. United States, which was instituted by Julia Olson ’97 and Our Children’s Trust. 

          -- Immigration attorney Nancy Arevalo ’16 appeared on Univision television in a story about immigration issues in San Francisco. 



          The UC Hastings community extends its heartfelt condolences to the families of John Allan Sproul, Richard H. Chasen ‘72, William Lee Hoisington ‘60, Allen Klingensmith ‘51, Ronald G. Skipper ‘65, and Zeppelin Wai Wong ‘54.

          -- John Allan Sproul was a long time member of the UC Hastings Board of Directors and made many positive contributions to the law school and the community at large. 

          -- Richard H. Chasen ’72 practiced law at the California Department of Real Estate, traveled the world, and was a patron of the arts, spending several years as COO of Hanson Galleries. 

          -- Bill Hoisington ’60 was the law journal editor at UC Hastings before admission to the California bar and practicing in the Consumer Fraud Section of the California Attorney General's Office, eventually leading to a prominent career in the private sector with the renowned firm Orrick, Herrington & Sutcliffe LLP. 

          -- Allen "Big Al" Klingensmith ’51 worked with the Los Angeles City Attorney's office and later contributed his time and leadership to service organizations including the Huntington Beach Chamber of Commerce, the Jonathan Club, Rotary, Elks, Shriners International, the Boys Club, Boy Scouts of America (he was an Eagle Scout) and California Elwyn. 

          -- Ronald G. Skipper ’65 represented the California Teachers' Association, Inland Empire Auto Center, and the National Orange Show. He was the President of both the California Trial Lawyers and the San Bernardino County Bar Association, and was the recipient of the prestigious John B. Surr Award in 2005. 

          -- Zeppelin Wai Wong ’54 was born just a week after the Graf Zeppelin flew over San Francisco and his illustrious career included becoming the first Chinese-American to be appointed to the Federal Attorney's office and even being tapped by Senator Edward Kennedy, a classmate from Denmark, to be placed on the short list for the Vice President position during John F. Kennedy’s presidential campaign. 

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          In Defense of Government Designation of Protected Areas

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