Mattei on Comparative International Law

Ugo Mattei has written a paper (co-authored by Hastings alum Boris Mamyluk) called, "Comparative International Law." The paper has been selected as one of the six out of a pool of more than sixty to be presented at the Annual Comparative Law Workshop at Yale Law School.

Robin Feldman Speaking Appearances

Robin Feldman has made the following recent speaking appearances:

In February, Robin presented her book Rethinking Patent Law (forthcoming Harvard University Press) to Yale Law School faculty members and fellows at the Yale Information Society Project.

In February, Robin was a moderator and discussant for prize-winning papers at a conference on patent remedies at Stanford Law School.

In January, Robin presented her article titled, "Whose Body Is It Anyway? Human Cells and the Strange Effects of Property & Intellectual Property," at a symposium at Stanford Law School. The piece will be published in the Stanford Law Review.

In January, Robin spoke at Stanford Law School’s Program in Law, Science & Technology. That same month, she spoke at Stanford Medical School’s Interdisciplinary Program on Access & Delivery of Essential Medicines on “Patent Principles for Life Science Inventions.”

Also in January, as the Chair of the AALS Section on Antitrust & Economic Regulation, Robin organized and moderated a panel at the annual meeting in San Francisco on the topic of “Drug Wars: The Battle Over Generic Pharmaceuticals.” Selected papers from the panel will be published in the Hastings Science & Technology Law Journal.

In February, Robin spoke at a women’s conference in Palo Alto on balancing work and family life.

Massey on Property

Calvin Massey is the sole author of a forthcoming casebook to be published by West in 2012: Property: Principles, Problems, and Cases.

The New Republic on Leib's New Book

The New Republic has published a review of Ethan Leib's new Oxford University Press book, Friend v. Friend. Here's an excerpt from the review:

"Leib's book ... [is] successful as a reflection on the complex relationship between law and friendship, and it will offer rewards to people interested in the sociology of friendship. A particularly fine chapter discusses the relationship between friendship and contract law, and the surprising degree of overlap between the two."

The entire review is available here: http://www.tnr.com/book/review/friendship-and-the-law-response

Leib on Letting Voters Decide the California Budget

Ethan Leib and Chris Elmendorf have published an op-ed in the February 11 issue of the San Francisco Chronicle, called "Let Californians Vote on 2 Budgets -- 1 Red, 1 Blue." Here's the link: http://www.sfgate.com/cgi-bin/article/article?f=/c/a/2011/02/10/EDRR1HKUNU.DTL

Seelinger on the Complexities of HIV Control in Uganda

Kim Thuy Seelinger of the Center for Gender and Refugee Studies has published an article titled, "Violence Against Women and HIV Control in Uganda: A Paradox of Protection?," 33 Hastings Int'l and Comp. L. Rev. 345 (Summer 2010). Her prescriptions are mixed, and somewhat surprising. She concludes that, "if enforced meaningfully," legislation aimed at gender-based violence may serve to prevent HIV infection. On the other hand, the HIV/AIDS Prevention and Control Bill, "in its current form," may actually be counter-productive.

Seelinger on Forced Marriage and Asylum

Kim Thuy Seelinger of the Center for Gender and Refugee Studies has published an article called, "Forced Marriage and Asylum: Perceiving the Invisible Harm," 42 Colum. Human Rts. L. Rev. 55 (Fall 2010). In it, Kim notes that forced marriage as persecution has largely gone unaddressed. In reality, however, she says "such marriages deprive countless women of the fundamental right to freely consent to marriage, and are frequently accompanied by myriad forms of physical and non-physical abuse. As such, forced marriage should be considered a form of persecution under international and domestic refugee law."

Bryant on Faigman's "Constitutional Fictions"

A. Christopher Bryant has written a review of David Faigman's book, Constitutional Fictions: A Unified Theory of Constitutional Facts, at 25 Constitutional Commentary 467 (2009).

Faigman on Apples and Oranges in Scientific Evidence

David Faigman has published "Evidentiary Incommensurability: A Preliminary Exploration of the Problem of Reasoning from General Scientific Data to Individualized Legal Decision Making," 75 Brooklyn L. Rev. 1115 (2010). The article may be viewed within a downloadable PDF of the law review.

Bloch on Learning Pathways and Legal Education

Kate Bloch has published an article, "Cognition and Star Trek: Learning and Legal Education," 42 John Marshall L. Rev. 959 (2009), in which she applies insights from cognitive science research to legal education. The four cognitive science insights she uses are: (1) "active learning"; (2) the value of stories; (3) the pivotal role of the visual pathway; and (4) personalizing presentation style to increase learning. The article is available from HeinOnline.

Bloch on the Models of Restorative Justice

Kate Bloch has published an article titled, "Reconceptualizing Restorative Justice," 7 Hastings Race & Poverty L. J. 201 (Winter 2010)(available from HeinOnline). This article sets forth two models of restorative justice, a "classic" version and a "hybrid" version. The "classic" version serves as a substitute for or part of an offender's court sentence, whereas that is not true of the "hybrid" version. The "hybrid" version contains a heavy dose of educational and rehabilitative programming, which may not be required in a "classic" version of restorative justice. Kate ultimately concludes that some combination of these approaches can, at least in some circumstances, "reduce recidivism and leave those involved with a greater sense of satisfaction with the justice process."

Bloch on Neuroscience and Sentencing

Kate Bloch has published an article titled, "Changing the Topography of Sentencing," 7 Hastings Race & Poverty L. J. 185 (Winter 2010)(available from HeinOnline). Kate argues that "neuroscientific approaches to addressing the underlying motivating factors that incline offenders to commit crime, and return them again and again into the correctional system, merit our sustained attention."

Lee on Judicial Restraint

Evan Lee has published a book titled, Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts Was Invented (Oxford University Press). Here is the blurb written by the noted legal historian, Edward A. Purcell, Jr.:

Highlighting the importance of changing social contexts and judicial values, this thoughtful and illuminating study traces the complex shifts that marked the evolutino of standing doctrines in the Supreme Court's jurisprudence and identifies some of the unexpected consequences that those new formulations brought. Demonstrating that modern Article III standing doctrine was a product not of the Constitution or the Marshall Court but of Justice Louis D. Brandeis and the early twentieth-century, it demonstrates the essential irrelevance of originalist theories to a clear understanding of this important area of American constitutional law.

Dodge on Withdrawing from Customary International Law

Bill Dodge has published an article called "Withdrawing from Customary International Law: Some Lessons From History," 120 Yale L. J. Online 169 (2010), http://yalelawjournal.org/2010/12/17/dodge.html. In this article, Bill argues that the "default view" of customary international law -- which permitted nations to withdraw unilaterally from some international law rules upon proper notice -- was never the dominant understanding, and furthermore, it ought to have no part in the future of international law.

Bonorris on Cap and Trade

Steven Bonorris has published an op-ed in the December 2, 2010, issue of The Recorder, making the case for cap-and-trade.