Thursday, June 26, 2008

Leshy on Interstate Groundwater Resources

John Leshy has published an article titled, "Interstate Groundwater Resources: The Federal Role," 14 Hastings W-Nw J. Envtl. L. & Pol'y 1475 (2008), in which he tackles the hot topic of groundwater that crosses state lines. John cites the example of Las Vegas, which has maxed out its allotment of the Colorado River and is now planning to tap an aquifer that Nevada shares with Utah. Utah is not amused. Several other states are in similar fights over interstate groundwater. John also provides a grammar lesson: with respect to whether it's "groundwater" or "ground water," John agrees with the engineers that "ground water" is what you get when you put ice in a blender.

Wednesday, June 18, 2008

Bisharat on Obama's Jerusalem Promise

George Bisharat published an op-ed in the June 17, 2008, San Francisco Chronicle titled, "Obama's Missteps." George criticizes Obama for his promise, made before the American Israeli Public Affairs Committee, that Jerusalem must remain the "capital of Israel" and must "remain undivided."

Monday, June 16, 2008

Keitner on Boumediene

Chimene Keitner has been invited to participate in an online symposium on the Supreme Court's recent decision in Boumediene v. Bush. Here's the link: Chimene's first post observes that Justice Kennedy's opinion favors function over form and is limited to territories over which the United States has "de facto sovereignty."

Marcus on Procedural Reform

Rick Marcus has published two pieces on procedural reform. The most recent is called "Modes of Procedural Reform," 31 Hastings Int. & Comp. Law Rev. 157 (2008)(available from HeinOnline). Rick offers a typology of reform modes (e.g., judicially-driven, legislative, expert-driven, borrwed from abroad, top-down vs. bottom-up). He then examines the actual history of American procedural reform and concludes that the particular mode of reform employed has had less than a profound effect on success. In the end, after looking at other countries' experiences with procedural reform as well, Rick suggests we may be left with a "grab bag" of factors determining prospects for success.

The other piece is called "Confessions of a Federal 'Bureaucrat': The Possibilities of Perfecting Procedural Reform," 35 Western State Univ. L. Rev. 103 (2007)(available from HeinOnline). This piece comments on a paper by Glenn Koppel in which Koppel argues that the "Golden Age" of federal procedural rulemaking is over, and that a multistate apparatus ought to be created to develop new procedures in state courts. Rick doubts the plausibility of this proposal and further suggests that federal rulemaking may still have some utility -- as is illustrated by the states having largely followed the federal lead on E-discovery.

Friday, June 13, 2008

Bisharat on Presidential Politics and Israel

George Bisharat has published an op-ed in the June 12 Houston Chronicle titled, "Where's Healthy Debate on U.S. Policy Toward Israel?" in which he criticizes both John McCain and Barack Obama for what he sees as "pandering" to the pro-Israel lobby.

Bisharat on the "Fallacy of Islamic National Suicide"

George Bisharat published an op-ed piece in the June 9 Los Angeles Times called, "The Fallacy of Islamic 'National Suicide.'" He argues that this type of thinking could be used to justify more preemptive military action.

Hastings Shines at Law & Society Conference

Dorit Rubenstein Reiss, Chimene Keitner, Karen Musalo, and Joanna Weinberg all presented papers at the recent Law & Society Conference. Dorit presented a paper titled, "Participation and Administrative Law: Getting the Benefits on the Cheap," in a panel on "Voice in the Law: Talking About and Responding to Laws and Regulations." Here's the link: <>
Dorit also presented a paper titled, "Litigating as Delay Tactic: Universal Service in France," in a panel called "Regulatory Governance -- Regulation and Markets: Untangling Relationships." Here's the link: <>
Karen Musalo presented a paper on U.S.-Canada Refugee Policy in a panel called, "Refugee Law and Policy in the United States and Canada in Historical and Comparative Perspective." Here's the link: <>
Chimene Keitner presented her article "Conceptualizing Complicity in Alien Tort Litigation" (forthcoming in the Hastings Law Journal) in a panel called, "Challenging the National/International Distinction."

Joanna Weinberg presented a paper titled, "Democratic Science and Stem Cell Politics: Creative Tensions in Pursuit of a Moving Target." Joanna also chaired two panels, "Managing Health As A Public Good: Risks, Panics, and Accountabilities" and "The Politics of Regulation."

Radhika Rao participated in a roundtable called, "Reproducing Inequality: Law, Procreation, and Parenting in the 21st Century."

One of Ethan Leib's co-authored papers was presented (although he was not there himself): "Criminal Justice and the Challenge of Family Ties."

My source tells me that Dorit's work "got rave reviews"!