February International Events at UC Hastings

Gordon Mathis Riley Lecture Series

February 1: 3:30pm-5:0pm

Location: Mary Kay Kane Hall

Please join us for the Gordon Mathis Riley Memorial Lecture on February 1st at 3:30 pm in the Alumni Reception Center.  This year’s lecture will be presented by Professor John H. Knox.

Professor Knox is the Henry C. Lauerman Professor of International Law at Wake Forest University, where he teaches courses on human rights law, international environmental law, and international trade law.  In 2012, the UN Human Rights Council appointed him to be the first UN Independent Expert on human rights and the environment, and in 2015, it renewed his mandate for three years and changed his title to Special Rapporteur.  In the course of his work for the United Nations, he has conducted consultations around the world and issued a series of public reports on the relationship between human rights and environmental protection.  Information about the mandate is available at his website, www.srenvironment.org.

He has recently participated in the historic United Nations climate change negotiations in Paris.

The Gordon Mathis Riley Memorial Lecture is funded by a generous gift to UC Hastings from the family of Gordon Mathis Riley, a first-year law student at UC Hastings who died suddenly on December 14, 2012, at the age of 30. Riley, of Park City, Utah, was a graduate of UC Santa Barbara, where he studied philosophy. He previously attended the Peak and Island Schools in Hong Kong, Scotch College in Australia, The Hong Kong International School and Park City High School. Riley loved the study of law, philosophy, big-wave surfing, skiing, yoga, and writing.  He had a passion for preserving the world’s coastal and mountain environments. His favorite times were on the waves in Hong Kong, Australia, Indonesia and California, and he adored the mountains of Utah. He is survived by his parents, Robert and Shardel, his sister, Meredith, and his brother, Mitchell.

Gordon’s family established this lecture series “…. as a fitting tribute to the life and interests of our son and brother, Gordon Mathis Riley, and as a legacy for his classmates at UC Hastings. His passion for the environment, his dedication to yoga and to spiritual thinking, and his abiding interest in outdoor activities resonate strongly with the intention of this lecture series.”

Please click here to register.   The lecture will be immediately followed by a reception.

Startups in Japan: A Business and Legal Perspective

February 2: 5:30pm-8:00pm

Location: Mary Kay Kane Hall

The UC Hastings East Asian Legal Studies Program, the Japan External Trade Organization, and the Japan Society are pleased to co-sponsor an evening symposium on legal issues related to American investment in Japanese start-ups.  The symposium will take place in the Alumni Reception Center from 5:00 to 8:00pm on February 2.  For registration and conference details, please click here.

East Asia Speaker Series Event: Exclusion of Illegally Obtained Confessions in China: Implementation and Challenges

1:10 PM-2:10 PM, Room TBD, Professor Guo Zhiyuan of the Chinese University of Politics and Law will discuss her empirical research on the application of China’s new exclusionary rule.

Faculty Achievements – International Law – Spring and Summer 2015

HADAR AVIRAM

Completed a book review of Ozgur Heval Cinar’s The Right to Conscientious Objection to Military Service and Turkey’s Obligations under International Human Rights Law (Palgrave Macmillan, 2014) has been accepted for publication by the Editorial Committee of Reviews & Critical Commentary, or CritCom, a new online publication of the Council for European Studies at Columbia University.

RICHARD A. BOSWELL

Professor Boswell gave three lectures in the Spring of 2015 on the situation at the border between the Dominican Republic and Haiti faced by persons of Haitian ancestry who were born in the Dominican Republic.  The lectures compared the situation with that of citizenship issues at the U.S. – Mexico border. These lectures were held at Ecole Superiuere Catolique de Droit de Jeremie (Jeremie, Haiti), the Bureau des Avocat Internationaux (Port au Prince) and the law school at University of the Aristide Foundation (Port au Prince). He also presented on a panel at the Federal Bar Association’s Annual Immigration Conference in Memphis, TN in May 2015 titled Due Process, the Constitution and Procedures to be Afforded to Child Migrants.  Professor Boswell also published a chapter titled Key Definitions and Concepts, in Navigating the Fundamentals of Immigration Law (2015-16).

BEN DEPOORTER

Presented “Unenforced Laws: A Field Experiment” at the International Society for New Insitutional Economics (ISNIE), at Harvard Law School, Boston, MA, June 11-12, 2015, “Unenforced Laws: A Field Experiment”.

JOHN DIAMOND

Professor John Diamond visited Leiden University this past spring semester as part of the UC Hastings faculty exchange program where he taught a course on “Current Controversies in American Criminal Law.”   He also presented a lecture on “Comparative Insights on the Crisis in American Criminal Law” to the criminal law and criminology faculty which is scheduled to appear in Ars Aequi (Leiden Law School Criminal Law and Criminology faculty publication) November 2015 and another lecture on “The American System and Comparative Perspectives on American Tort Law” for the Leiden Law School Grotius Society.

AHMED GHAPPOUR

Over the summer, Ahmed Ghappour was invited to present a paper entitled Searching Places Unknown: Law Enforcement Hacking on the Dark Web at a symposium at NYU Law.  He also moderated a keynote panel for Point-to-Point Camp (technology policy conference) at MIT Media Lab.  This fall, Ahmed was invited to present Searching Places Unknown at West Point Academy (September), the Privacy Law Scholars Conference – Amsterdam (October), UC Davis Law (October) and University of Hawaii Law (October).  He was also invited to present a paper entitled Machine Generated Culpability at the Research Conference on Communications, Information and Internet Policy hosted by George Mason Law School (September).  He will also be presenting the paper at UC Berkeley (November) and Yale Law School (April).  Ahmed’s commentary and cases have been featured prominently in media outlets such as CSPAN, Washington Post, US News and World Report, UK Guardian, SF Chronicle, Wired and Ars Technica.

KEITH HAND

Keith Hand provided commentary on the recent wave of lawyer detentions in China for ChinaFIle and Foreign Policy in “China’s ‘Rule by Law’ Takes an Ugly Turn“, an updated version of which appears in Foreign Policy magazine here.

ELIZABETH HILLMAN

Panel, “Jaloud v. the Netherlands,” Current International Crises and the Rule of Law, International Society for Military Law and the Law of War, Prague, Czech Republic, April 2015.

Lecture, “Gender and Sexual Violence in the U.S. Armed Forces,” Cambridge Review of International Affairs Lecture, University of Cambridge, United Kingdom, April 2015.

CHIMÈNE KEITNER

Chimène Keitner spent three weeks as a Scholar-in-Residence with WilmerHale‘s international arbitration group in London, where she lectured on sovereign immunity and worked on the fourth edition of International Law Frameworks, a book in West’s Concepts & Insights series. While in the UK, she presented a paper at an International Law Association meeting in Essex and convened the first meeting of the ILA’s Study Group on Individual Responsibility (which she co-chairs) at King’s College, London. Later in the summer, Chimène co-chaired a discussion group on International Responses to Cross-Border Crises at the SEALS annual meeting in Florida. She published a number of shorter works in online journals and a book chapter in an edited volume with Harvard UP, and authored a chapter in another forthcoming edited volume. She continued her work on the Executive Committee of the American Society of International Law, including as part of this year’s Nominating Committee. She also contributed an invited essay on work-life integration to the Rhodes Project Blog.

RICHARD MARCUS

The Big Bad Wolf: American Class Actions, in Multiparty Redress Mechanisms in Europe: Squeaking Mice? (V. Harsagi & C.H. van. Rhee, eds., Intersentia 2014), at 35.

Appellate Review in the Reactive Model: The Example of the American Federal Courts, in Nobody’s Perfect: Comparative Essays on Appeals and Other Means of Recourse Against Judicial Decisions in Civil Matters (A. Uzelac & C.H. van Rhee, eds., Intersentia 2014), at 105-26.

Procedural Polarization in America?, in Zeitschrift für Zivilprozess International (D. Leipold & R. Stürner), Vol. 18, p. 303 (2014).

Panelist, “Possible Changes to Class-Action Rule,” American Assoc. for Justice Convention, Montreal, Canada, July 12, 2015.

Keynote Introductory Speaker, “Reassessing the Essential Role of Public Courts: Learning from the American Experience,” during the Public & Private Justice Conference, University of Zagreb, June 8, 2015, Dubrovnik, Croatia.

Keynote Speaker, “A Genuine Civil Justice Crisis?”, 15th Congress, International Association of Procedural Law, May 25, 2015, Istanbul, Turkey.

Principal Presenter as National Reporter for the U.S. during the Seoul Conference of the International Association on Procedural Law on “Effective Access to Justice,” Yonsei University, Seoul, South Korea, Oct. 3, 2014.

Keynote Speaker, on “The Role of A Supreme Court in a Common Law System,” during the Conference on the Role of Supreme Courts, University of Warsaw, Warsaw, Poland, June 12, 2014.

The International Association of Civil Procedure holds a Congress once every four years.  At the end of May, 2015, it held one in Istanbul. Richard was elected Vice President of the Association and the Presidium of the Association. He was one of four members of the jury that selected the first winner of the Cappelletti Prize.

LEO P. MARTINEZ

Invited to present Legal Education in a Modern World: Evolution at Work, 9 Charleston L. Rev. 267 (2015) at LatCrit South-North Exchange on Legal Education, Universidad de los Andes, Bogota).

UGO MATTEI

Received a grant of $35,000 from the Institute for New Economic Thinking (New York) for research and writing on the political economy of commons sharing.

ROGER PARK

Published The Jury Dependence of the Hearsay Rule: The Federal Rules of Evidence as a Model for Nonjury Systems (Boston University International Law Journal 2015)

JOEL R. PAUL

Professor Paul co-authored the Level Playing Field in Trade Agreements Act sponsored by U.S. Senators Jeff Merkley (Oregon) and Tammy Baldwin (Wisconsin) as an amendment to the Trade Promotion Authority. The legislation would set labor and environmental standards for imports from countries that are members in the two pending free trade agreements – the Transatlantic Trade and Investment Partnership with the European Union and the Trans-Pacific Trade Pact with the Pacific rim countries.

Paul gave a talk entitled, “Trading Up: How to Make Globalization Work for People,” at the University of California Santa Cruz, Department of Economics, Social Justice Speaker Series. He also spoke on “Leveling the Playing Field in Trade,” to at the Presidio Graduate School.

Paul also spoke on KPFA radio about the Supreme Court’s decision in June upholding the Affordable Care Act.

SHEILA PURCELL

This last Spring CNDR Director and Clinical Prof. Sheila Purcell keynoted on “Trends in ADR Education” at the Bay Area Mediation Summit where four of her students also presented their research findings on the “State of the Mediation Community in the Bay Area”. She spoke on “ADR in Asia” at the ABA Dispute Resolution Conference in Seattle and presented on “Cross Border Disputes and Mediation” at the ABA Asia Mediation Summit in Delhi, India. She served on the Planning Committee for this first ever event, which included high level participants (Chief Judges of Supreme Courts, Ministers of Justice, etc.) from 18 Asian countries. While in India she also conducted a “Court ADR Design” training in Bangalore, India for the Foundation for Sustainable Rule of Law Initiatives. This involved court ADR leaders and staff from four Indian States. She also co-organized and hosted both a Roundtable on Mediator Credentialing (with the Southern Calif. Mediation Association) and the Northern California ADR Faculty Conference (with Stanford Law) for faculty from law and business schools, looking at best teaching practices.  She hosted visitors from China and India and took one of the UC Hastings Visiting Scholars, a Judge from South Korea, on a site visit to her former court, San Mateo Superior, to observe the ADR program and to interview the lead ADR Judge.

RADHIKA RAO

Professor Radhika Rao recently returned from the Netherlands, where she was invited to present a paper, titled Egg-Freezing, Gametogenesis, and Uterine Transplants: Technologies of Liberation or Oppression?, at a conference on Me Medicine vs. We Medicine: Personalized Medicine, Individual Choice and the Common Good in the Age of Biocapitalism, which brought together international experts in the fields of law, bioethics, and philosophy at the Botanical Gardens in Amsterdam on September 9-10, 2015.

NAOMI ROHT-ARRIAZA

Professor Roht-Arriaza completed and published the 7th edition of her casebook, The International Legal System (with Mary Ellen O’Connell, Richard Scott and Daniel Bradlow).  She published an article entitled “After Amnesties:  Latin American National Courts and the New Contours of the Fight Against Impunity, in the May 2015 Human Rights Quarterly, and a book chapter entitled “Why Was the Economic Dimension Missing for So Long in Transitional Justice? An Exploratory Essay” in Horacio Verbitsky and Juan Pablo Bohoslavsky, The Economic Accomplices to the Argentine Dictatorship (Cambridge University Press, 2015).  A Spanish-language version of the chapter has already been published.  She also completed a book chapter for a Research Handbook on Transitional Justice edited by Dov Jacobs (E. Elgar, 2015).  The chapter is entitled:  “Guatemala:  Lessons for Transitional Justice.”  She gave presentations on a number of issues around transitional justice in the context of peace negotiations in Mindanao, Philippines and in Colombia.  She was a member of the Independent Panel on the Election of Judges and Commissioners for the Inter-American Human Rights System.  This initiative, convened by Open Society Justice Initiative and supported by over 70 NGOs in the Americas, aimed to create a more transparent, legitimate and merit-based system for elections to posts in the Inter-American system. She co-wrote the Panel’s report and presented it in Washington, D.C. in June 2015.

JODI L. SHORT

Jodi Short recently published Codes in Context: How States, Markets, and Civil Society
Shape Adherence to Global Labor Standards
with Michael W. Toffel and Melissa Ouellet in 9 Regulation and Governance 205-23 (2015) and Monitoring Global Supply Chains with Michael Toffel and Andrea Hugill in the Strategic Management Journal (2015)

DAVID TAKACS

David Takacs spent Spring Semester as a Fellow at the Stellenbosch Institute for Advanced Study in South Africa, researching and writing on “Deeply Equitable Development: Water Provision and Biodiversity Offsetting in South Africa.”

He published “Protecting Your Environment, Exacerbating Injustice: Avoiding ‘Mandate Havens,’” 24 Duke Envtl. Law & Policy Forum 315 (2015).

He also gave the following presentations:

“Section 27’s of the South African Constitution and the Human Right to Water: Where to Now?” Conference on The North-South Dimensions of Water Security, North-West University, Potchefstroom, South Africa;

“Deeply Equitable Development: Water Provision and Biodiversity Offsetting in South Africa,” Stellenbosch Institute for Advanced Study, South Africa;

“South Africa’s Implementation of the Human Right to Water,” Keynote Address, Water: Contemporary Aspects of National, Regional and International Law, Stellenbosch University;

“An International Perspective on Best Practices in Biodiversity Offsetting,” Conference on Legal and Institutional Dimensions of Biodiversity Offsetting, Canberra, Australian National University.