Recent Publications by Chuck Knapp

Chuck Knapp has published (or is about to publish) the following:

"Contract Law Walks the Plank: Carnival Cruise Lines v. Shute," 12 Nev. L. Rev. 553 (2012) (symposium issue).

"Unconscionability in American Contract Law: A Twenty First Century Survey," chapter in Commercial Contract Law: A Transatlantic Perspective (L. DiMatteo et al., eds.) (Cambridge Univ. Press 2012).

"Is There a 'Duty to Read'?," Chapter 11, Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical (Jean Braucher, John Kidwell and William Whitford, eds.) (Hart Pub. forthcoming 2012).

Recent Publications by Darien Shanske

Darien Shanske has published, or is about to publish, the following:

"A New Theory of the State Corporate Income Tax: The State Corporate Income Tax as Retail Sales Tax Complement," Tax Law Review (forthcoming 2013).

"The Trouble with Tax Increase Limitations," Albany Government Law Review,
(forthcoming 2012) (invited symposium piece) (with David
Gamage).

"The Saga of State ‘Amazon’ Laws: Reflections on the Colorado Decision," State
Tax Notes, (forthcoming 2012).

"On Tax Increase Limitations: Part II – Evasion and Transcendence," 63 State
Tax Notes 245 (2012) (with David Gamage).

"Three Essays On Tax Salience: Market Salience and Political Salience," 65 Tax
Law Review 19 (2012) (with David Gamage).

"How Less Can Be More: Using the Federal Income Tax to Stabilize State and Local Finance, 31 Virginia Tax Review 413 (2012).

Williams on Gender Issues

Joan Williams has authored or co-authored the following pieces:

Joan C. Williams & Amy Cuddy, "Will Working Mothers Take You to Court?," Harvard Business Review (September 2012) at 1900.

Stephanie Bornstein, Joan C. Williams & Genevieve Painter, Discrimination
against Mothers is the Strongest Form of Workplace Gender Discrimination:
Lessons from U.S. Caregiver Discrimination Law, 28(1) International Journal of
Comparative Labour Law and Industrial Relations 45 (2012).

Joan C. Williams, Jumpstarting the Stalled Gender Revolution: Justice Ginsburg and
Reconstructive Feminism, 63 Hastings Law Journal 1267 (2012).

Wu on Vincent Chin

Frank Wu has published an op-ed in the June 23 New York Times titled, "Why Vincent Chin Matters." In it, he says: "“Everyone who cares about the promise of our increasingly diverse nation ought to see in this tragedy the possibility of social change arising from tragic
violence.” Here's the link: http://www.nytimes.com/2012/06/23/opinion/why-vincent-chin-matters.html

Hazard on Facebook and Privacy

Geoff Hazard has published an article called "Facebook Fallicies," 65 Arkansas L. Rev. 1 (2012). Geoff concludes that social networking posts may be used as evidence by prosecuting authorities because such use neither constitutes a compulsory interrogation within the meaning of the Fifth Amendment nor violates any "reasonable expectation of privacy" within the meaning of the Fourth Amendment.

Roht-Arriaza on Amnesty in Central America

Naomi Roht-Arriaza has published a book chapter (with Emily Braid) called "De Facto and De Jure Amnesty Laws: The Central American Case," in Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives (Francesca Lessa and Leigh A. Payne, eds., Cambridge Univ. Press, 2012).

Roht-Arriaza on International Aid for Prosecutions in Guatemala

Naomi Roht-Arriaza has published a book chapter (with Almudena Bernabeu) titled, "Many Roads to Justice: Transnational Prosecutions and International Support for Criminal Investigations in Post-Conflict Guatemala." The book is The Role of Courts in Transitional Justice: Voices from Latin America and Spain (Jessica Almqvist and Carlos Esposito, eds., Routledge, 2011).

Feldman on Rethinking Patent Law

Robin Feldman has published her second university press book, this one titled Rethinking Patent Law (Harvard Univ. Press). It has just been released. Here is the book description:

Scientific and technological innovations are forcing the inadequacies of
patent law into the spotlight. Robin Feldman explains why patents are causing so
much trouble. She urges lawmakers to focus on crafting rules that anticipate
future bargaining, not on the impossible task of assigning precise boundaries to
rights when an invention is new.

Here is a review of the book by Sonia Katyal, a leading mind in intellectual property law:

A beautifully written, engaging account of the bargain aspect of patent
entitlements. Feldman's influential theory transforms the way we look at
inventions and the laws protecting them. 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.

Here is the link to it on Amazon.com: http://www.amazon.com/Rethinking-Patent-Law-Robin-Feldman/dp/0674064682/ref=sr_1_fkmr2_1?ie=UTF8&qid=1339391913&sr=8-1-fkmr2&keywords=rethinking+patent+rights

Zitrin on Reducing Class Size

Richard Zitrin is publishing an article in Monday, June 9's issue of The Recorder, titled "Reducing Class Size is the Right Thing to Do." Here is the link: http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202557461851&Viewpoint_Reducing_Class_Size_Is_the_Right_Thing_to_Do

Hand on Lessons from the Bo Xilai Affair

Keith Hand has published an article called "Exploring Constitutional Reform in the Wake of the Bo Xilai Affair," in Vol. 12, Issue 10 of the Jamestown Foundation China Brief (May 11, 2012). Here's the link: http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=39360&tx_ttnews%5BbackPid%5D=25&cHash=5c028847c3e9afecab6e48bfdad55e16

Levine on California Procedure

David Levine has three new publications on California procedure:

Civil Procedure in California (2012 ed. of rulebook)

Quick Review, California Civil Procedure (2d ed.) (co-author)

O'Connor's California Practice: Civil Pretrial (2012 ed.) (co-editor)

Feldman on Incentivizing Biosimilars

Robin Feldman and her co-author, Hastings 3L Jason Kantor, have accepted an offer to publish their article titled, "Incentivizing Biosimilars," in the next volume of the Hastings Law Journal.

Williams on Reshaping the Work-Family Debate

Joan Williams' book, Reshaping the Work Family Debate, has gone paperback.

Williams on the Class Culture Gap

Joan Williams has published a chapter called "The Class Culture Gap" in the book, Facing Social Class: How Societal Rank Influences Interaction (Susan T. Fiske & Hazel Rose Marcus, eds. 2010).

Williams on "Tough Guise"

Joan Williams has published an article called "Tough Guise," 9 Issues in Legal Scholarship 1 (2011). You'll just have to look it up and read it yourself!

Depoorter on How Law Frames Moral Intuitions

Ben Depoorter has accepted an offer to publish his article titled, "How Law Frames Moral Intuitions," in Volume 54 of the Arizona Law Review.

Keitner on Germany v. Italy

Chimene Keitner was invited to publish an analysis of the International Court of Justice's decision in Germany v. Italy to the American Society of International Law's insight series, which appears here: http://www.asil.org/insights120214.cfm.

Williams on Teaching Gender and Property

Joan Williams has published an article titled, "Gender as a Core Value: Teaching Property," 36 Oklahoma City L. Rev. 551 (2011).

Obasogie on "Biological Race"

Osagie Obasogie has accepted an offer to publish his article titled, "The Return of Biological Race? Regulating Innovations in Race and Genetics Through Administrative Agency Race Impact Assessments," in Volume 21 of the Southern California Interdisciplinary Law Journal.

Obasogie on Development of Induced Pluripotent Stem Cells and its Effect on Property Law

Osagie Obasogie has accepted an offer to publish his article, "Moore is Less: Why the Development of Induced Pluripotent Stem Cells Might Radically Upend Property Law Concerning Human Tissues As We Know It," in the next volume of the Stanford Technology Law Journal along with his co-author, Helen Theung.

Obasogie on Blindness, Race, and Equal Protection

Osagie Obasogie has accepted an offer to publish his article titled, "'Race' Ipsa Loquitur: How Blind People Understand Race and its Implications for Equal Protection" in Volume 15 of the University of Pennsylvania Journal of Constitutional Law.

Bisharat on Palestine

George Bisharat has published three items regarding Palestine:

Introduction to "Litigating Palestine: Can Courts Secure Palestinian Rights," 35 Hastings International and Comparative Law Journal 91 (Winter 2011).

"Mobilizing Palestinians in Support of One State" (previously published in English in the journal Contemporary Arab Affairs) was published in Arabic as a chapter in a book entitled: "hall ad-dawla al-wahida li'siraa' al-arabi-al-isra-ili: ballad wahid likull muwatinihi" (The One State Solution to the Palestinian-Israeli Conflict: One country for all its citizens."

An op-ed in the March 7 Los Angeles Times headlined, "Israel Stacks the Legal Deck."

Feldman on "Coming to the Community"

Robin Feldman has just published a chapter called "Coming to the Community" in Imagining New Legalities: Privacy and its Possibilities in the 21st Century, which is part of the Amherst Series in Law, Jurisprudence and Social Thought (Stanford Univ. Press). Here's a partial description of the chapter:

"In this (chapter), Robin Feldman argues that technological advancements have blurred the boundary between individual and society and confused the relationship between sovereign and citizen. In her view, the conceptualization of public and private as separate spheres may no longer be adequate to address those challenges. As Feldman observes, 'It is the fluidity of our interactions in a modern society that makes us particularly vulnerable and requires special attention to the protection of the individual.' According to Feldman, this 'special attention' demands reconceptualizing the issues of control embedded in any discussion of privacy in the information age."

Morse on Corporate Offshore Excise Taxes

Susie Morse has accepted an offer to publish her article, "International Corporate Tax Reform and a Corporate Offshore Excise Tax," in Volume 91 of the North Carolina Law Review.

Feldman on "Prometheus"

Robin Feldman published an article in The Recorder as part of the UC Hastings regular op-ed series, "In Practice." The article is called "Shedding Light on 'Prometheus.'"

Hand on Builidng Chinese Constitutionalism Outside the Courtroom

Keith Hand has published two articles on the process of building constitutional norms through less formal means of disputation. One is called "Constitutionalizing Wukan: The Value of the Constitution Outside the Courtroom," which was published in the Jamestown Foundation China Brief (Feb. 2012). The other is called "Resolving Constitutional Disputes in Contemporary China" and appears in the University of Pennsylvania East Asia Law Review (Mar. 2012).

Grodin, Salerno, and Shanske on the California Constitution

Joe Grodin, Michael Salerno, and Darien Shanske will be doing a revision to the Oxford University Press book, The Reference Guide to the California Constitution. The original edition, which contains drafting histories and judicial gloss on the many provisions in the Constitution, was written by Dick Cunningham, Joe Grodin, and Calvin Massey.

Aviram on Brady and the Prosecutorial Culture

Hadar Aviram has accepted an offer to publish her article, "Legally Blind: Hyperadversarialism, Brady Violations, and the Prosecutorial Organizational Culture," in Vol. 87 of the St. John's Law Review.

Zitrin on Building Trust in Client-Lawyer Relationships

Richard Zitrin has published an article on building trust in lawyer-client relationships. It appeared on line at American Law Media on March 9, and then in print in The Recorder on March 12.

Field on Useful Tax Planning Advice

Heather Field has just published an article in the leading tax practitioner publication. The article is called "Giving Useful Tax Planning Advice" (134 Tax Notes 1299) (Monday, March 5). Here's the link to the document as posted on SSRN. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016435

Here's the abstract: "In an effort to ease the transition from school to practice, Field provides guidance to early-career tax lawyers about how to turn their growing knowledge of the tax law into useful client advice."

Massey on Property

Calvin Massey has published a brand new casebook: Property Law: Principles, Cases, and Problems (West 1st ed. 2012).

Little on Bill McGivern and Speaking to the Press

Rory Little published an op-ed in the Monday, March 5, issue of the Daily Journal, headlined, "Bill McGivern: A Complete Portrayal." Rory worked under McGivern in the U.S. Attorney's office.

King on Constitutional Issues in Regulating Pre-Natal Genetic Diagnosis

Jaime King has accepted an offer to publish her article, "Not this Child: Constitutional Questions in Regulating Non-Invasive Prenatal Genetic Diagnosis and Selective Abortion," which will appear in Vol. 60 of the U.C.L.A. L. Rev.

Feldman on Mass Aggregators in Patent Law

Robin Feldman and Tom Ewing have published an article in the Stanford Technology Law Review called "The Giants Among Us." Here is an excerpt:

The patent world is quietly undergoing a change of seismic proportions. In a few short years, a handful of entities have amassed vast treasuries of patents on an unprecedented scale. To give some sense of the magnitude of this change, our research shows that in a little more than five years, the most massive of these has accumulated 30,000-60,000 patents worldwide, which would make it the 5th largest patent portfolio of any domestic US company and the 15th largest of any company in the world.
Although size is important in understanding the nature of the shift, size alone is not the issue. It is also the method of organization and the types of activities that are causing a paradigm shift in the world of patents and innovation.
These entities, which we call mass aggregators, do not engage in the manufacturing of products nor do they conduct much research. Rather, they pursue other goals of interest to their founders and investors. Non-practicing entities have been around the patent world for some time, and in the past, they have fallen into two broad categories. The first category includes universities and research laboratories, which tend to have scholars engaged in basic research and license out inventions rather than manufacturing products on their own. The second category includes individuals or small groups who purchase patents to assert them against existing, successful products. Those in the second category have been described colloquially as “trolls,” which appears to be a reference to the children’s tale of the three billy goats who must pay a toll to the troll waiting under the bridge if they wish to pass. Troll activity is generally reviled by operating companies as falling somewhere between extortion and a drag on innovation. In particular, many believe that patent trolls often extract a disproportionate return, far beyond the value that their patented invention adds to the commercial product, if it adds at all.

Here is the link:


http://stlr.stanford.edu/pdf/feldman-giants-among-us.pdf

Bazelon on Legal Education and Prosecutorial Behavior

Lara Bazelon has just published an article called "Hard Lessons: The Role of Law Schools in Addressing Prosecutorial Misconduct," 16 J. Berkeley Crim. Law 388 (2011). (Although it is dated 2011, it just hit the stands, as it were.) Here is the link: http://www.bjcl.org/current/16_2/bazelon_formatted.pdf

Here is the abstract:

This article approaches prosecutorial misconduct from a pedagogical perspective by exploring the ways in which law school clinicians can teach their students how to confront the problem proactively and in-the-moment, with an eye toward reducing its rate of occurrence and blunting its corrosive effect. Prosecutorial misconduct is a serious problem that strikes at the heart of a criminal defendant’s constitutional right to a fair trial. More broadly, it has the potential to impact the integrity of the criminal justice system as a whole. Educating law school students in criminal clinics about this issue before they become prosecutors and criminal defense attorneys serves three important goals. First, such instruction can act as preventative medicine by
reducing the likelihood that future prosecutors will step over the line out of ignorance of the applicable case law and court rules or out of a misplaced desire to win at all costs. Second, it enables future defense counsel to develop litigation techniques designed to prevent the problem from occurring in the first instance. Third, it can prepare defense counsel to recognize prosecutorial misconduct that proves unpreventable so that she is able to respond effectively
in-the-moment rather than belatedly, after the harm has been done.
The blended learning approach that is the signature pedagogy of the clinical classroom is well-suited to addressing prosecutorial misconduct because it provides an opportunity for students to engage in a frank and thoughtful dissection of the legal and ethical issues that are inextricably bound up with it. The model I propose combines instruction in black letter law, ethics, and skills acquisition. It also seeks to have clinicians model the process of analyzing and responding to prosecutorial misconduct using examples from their real world experiences. The approach is geared toward enabling students to think critically about their roles and responsibilities as future prosecutors and defense attorneys as they develop a familiarity with the relevant legal and
ethical rules that will govern their conduct. This kind of training, with its emphasis on the real-world implications of doctrine and the importance of questioning, and reflecting upon, what it means to be a zealous advocate, is designed to foster the development of sound professional judgment before students enter the whirlwind of practice.

Lee and Mason on Standing's "Dirty Little Secret"

Evan Lee and Josephine Mason ('11) have accepted an offer to publish their article called "The Standing Doctrine's Dirty Little Secret" in Vol. 107 of the Northwestern Law Review. The article points out that, despite the Supreme Court's repeated insistence that all plaintiffs must show "imminent injury-in-fact, causation, and redressability" to have Article III standing to sue in federal court, the Court has not insisted on those requirements in the cases where plaintiffs seek judicial review of federal agency action, such as in Freedom of Information Act cases, where anyone can sue out of sheer curiosity. But, because of the importance of Congress utilizing "private attorneys general," Evan and Josephine argue that the Court should not repudiate its agency review cases but instead recognize that the words "cases" and "controversies" in Article III have a flexible quality to them that accommodates this kind of litigation in a world of administrative agencies that could not be foreseen in 1787.

Morse on Efficient and Effective Lawyering

Susie Morse has just published an article in The Recorder titled, "Underlawyering vs. Overlawyering," (2/17). Susie argues that young lawyers and law students should learn the right balance between inattentiveness that produces sloppy mistakes (clients very angry) and using their judgment not to intervene unless it is truly necessary (a very common, if less angry, complaint among clients).

Hand on the Value of the Constitution Outside the Courtroom

Keith Hand has published an article called, "Constitutionalizing Wukan: The Value of the Constitution Outside the Courtroom," in 12 China Brief (issue 3, p. 1, Feb. 3, 2012). The article explores ways in which legal scholars are leveraging the recent protest in Wukan village, China to strengthen public understanding of China's Constitution. The Wukan protest has captured worldwide headlines in recent months.

Here's the link: <http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=38966&tx_ttnews%5BbackPid%5D=25&cHash=f36abb49170102cf24efa14a1265cd41> http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=38966&tx_ttnews%5BbackPid%5D=25&cHash=f36abb49170102cf24efa14a1265cd41

Field on Experiential Learning in a Lecture Class

Heather Field has posted an article to SSRN called, "Experiential Learning in a Lecture Class: Exposing Students to the Skill of Giving Useful Tax Advice." It will be published soon in the Pittsburgh Tax Review (a peer-reviewed journal). Here the SSRN link: http://papers.ssrn.com/sol3/paper.cfm?abstract_id=1985269

Cohen and Sedghani on Pharmacy Law

Marsha Cohen (Sullivan Professor) and Sami Sedghani (Hastings '11) have published the 7th edition of Marsha's book, Pharmacy Law for California Pharmacists, which is used primarily in pharmacy schools for their required law and ethics class. I am particularly pleased to announce this one because Sami is a former Criminal Law student of mine who put himself through Hastings while working as a hospital pharmacist (he has a degree from UCSF).

Feldman on Human Cells and the Strange Effects of Property Law

Robin Feldman has published an article titled, "Whose Body Is It Anyway? Human Cells and the Strange Effects of Property and Intellectual Property Law," 63 Stanford L. Rev. 1377 (2011). It was part of a symposium on the U.S. Supreme Court's 2010 patent law decision in Bilski v. Kappos.

Feldman on Open Access at the Bedside

Robin Feldman and Dr. John C. Newman have published an article in the New England Journal of Medicine titled, "Copyright and Open Access at Bedside," 365(26) New England Journal of Medicine 2449 (Dec. 29, 2011). The article is here: http://www.nejm.org/doi/full/10.1056/NEJMp1110652

The article has already been picked up by more than a dozen blogs, including those of the Washington Post, Forbes, Wall Street Journal, and FindLaw.