Tuesday, March 20, 2012

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."

Monday, March 19, 2012

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."

Saturday, March 17, 2012

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.

Friday, March 16, 2012

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.

Thursday, March 8, 2012

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.

Tuesday, March 6, 2012

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.

Sunday, March 4, 2012

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.

Saturday, March 3, 2012

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: