November 23, 2020

Media Highlights

Federal Water Rule Expected to Stay Murky Through Biden Term
Bloomberg Law—November 20, 2020
Dave Owen: “I think it’s going to be a mess for a pretty long time.”

What Trump Showed Us About America
Politico—November 19, 2020
Joan Williams: “Americans feel ripped off, and they’re looking for someone to blame.”

Data Concerns Bedevil Vaccine Rollout
Politico—November 18, 2020
Robin Feldman: “The pharmaceutical industry is ripe for disruption, and Amazon is perfectly poised to do that.”

Will the COVID-19 Vaccine Be Mandatory?
Today—November 16, 2020
Dorit Reiss: “Nobody’s talking about coming to your house, holding you down and vaccinating you.”

Anti-Vaxxers Could Be Banned from Work if They Refuse to Get the COVID-19 Vaccine
Distractify—November 16, 2020
Dorit Reiss: “It’s perfectly legitimate for an employer to regulate to make the workplace safer. They can certainly fire you if you don’t want to follow health and safety rules.”

Day 1,397: Biden Warns Trump’s Transition Delays May Cause Deaths as COVID Crisis Worsens
The 11th Hour with Brian Williams/MSNBC—November 16, 2020
Dorit Reiss: “So employment in the United States is usually at will, that means your employer can set conditions, including health and safety conditions. The question is will the employer want to?”

Bay Area Trump Voters, Like the President, Cling to Claims of Voter Fraud as Hope Dwindles
San Francisco Chronicle—November 14, 2020
Joel Paul: “I fear it may have that effect, and give the representatives in Congress a way of denying the legitimacy of Biden’s mandate.”

Jones Day Law Firm Under Scrutiny for Helping Trump—Played Critical Role in Outcome of PG&E Bankruptcy
KQED—November 13, 2020
David Levine: “In the long run, that’s bad for the legal system. That’s bad for much less powerful lawyers. It’s much less powerful clients that will be hurt down the line.”

Lawyers Press Pennsylvania Supreme Court to Set in Motion COVID-Delayed Med Mal Case
The Legal Intelligencer—November 11, 2020
Shanin Specter: “We feel strongly that neither side to a lawsuit should be able to veto the right to a trial. We hope the Allegheny County procedure is amended to reflect that fundamental concept.”

A Look at Trump Post-Presidency
Channel Q—November 10, 2020
Shanin Specter: “No president has ever pardoned himself. It’s an open question. But I don’t think the founders envisioned that.”

US Elections 2020: What Happens if Donald Trump Refuses to Concede Defeat?
Middle East Eye—November 6, 2020
George Bisharat: “My expectation is that after a lot of litigation and false claims from President Trump, in the end a normal transition will occur.”

College and Community Stories

UC Hastings Moot Court Clinches National Title Once Again
The UC Hastings Moot Court is once again the highest ranked moot court team in the nation. It is not unfamiliar territory.

UC Hastings Celebrates Second Phase of Academic Village
UC Hastings Law held a groundbreaking ceremony for its new building at 198 McAllister Street, which will provide 650 units of below-market housing to students of UC Hastings and UCSF, and said goodbye to Snodgrass Hall, home to lecture halls and the college’s celebrated Moot Court courtroom, now coming down in controlled chunks.

Scholarly Leadership

Chimène Keitner: “Travaux: Episode 1—Part 2,” Berkeley Journal of International Law podcast

Manoj Viswanathan: “The Unintended Consequences of California’s Proposition 15,” State Tax Notes

Upcoming Events
TEDxMileHigh: Dec. 5, Vision 2020
Joan Williams will speak at TEDxMileHigh.

October 26, 2020

Media Highlights

How Should We Use Public Lands? Voters Will Help Decide
Aspen Public Radio—October 23, 2020
John Leshy: “I think it’s fair to say the Trump administration’s policies aim at nothing less than a complete upending of many decades of bipartisan policy making concerning public lands.”

Why the U.S. President Can’t Mandate a COVID-19 Vaccine
Quartz—October 22, 2020
Dorit Reiss: The Tenth Amendment of the constitution says that any law the constitution doesn’t cover goes to the states—and “the constitution doesn’t mention the words ‘public health.’”

Stressing Freedom, Vaccine Opponents Rebranding in Virus Era
Washington Post—October 22, 2020
Dorit Reiss: “I do think we are seeing an increase in people in support of them just because more people are vulnerable, upset and distrustful. And the anti-vaccine movement knows exactly what to say.”

Google Has Monopoly Over Android App Market, Suit Says
The Daily Journal—October 22, 2020
Samuel Miller: “Courts say, ‘Well, every company has control over its brand. But you have to look at what other alternatives consumers can turn to to consider whether there are competitive restraints on a dominant company.” (paywall/subscription req.)

Conservatives Accuse Facebook, Twitter of Censoring Free Speech as Election Day Nears
ABC7 News—October 21, 2020
Drew Amerson: “What Section 230 really did at its core is open up the internet. It allowed free speech to flourish.”

D.C. Attorney General Sues Washington Hebrew Congregation Preschool, Contends It Failed to Protect Children from Alleged Sexual Abuse
Washington Post—October 21, 2020
Shanin Specter: “These civil charges are a necessary step in the right direction. But they are not sufficient to achieve justice for our clients or the other families who have suffered enormously these past two years.”

Coronavirus in Jails and Prisons
The Appeal—October 21, 2020
Hadar Aviram: Aviram notes that the decision leaves the method of population reduction to CDCR’s discretion.

PA Supreme Court OKs Jurisdiction in $12.85M Pelvic Mesh Case, Limiting Impact of Defense-Friendly SCOTUS Ruling
The Legal Intelligencer—October 21, 2020
Shanin Specter: “Given that the defective mesh that brutally injured Patricia Hammons was made in Pennsylvania, this was never a close call. We do, however, expect [Johnson & Johnson] to seek relief in the U.S. Supreme Court. We expect to win there, too.”

Green Groups Plot Challenges to Land Plans Following Court Ruling
Bloomberg Law—October 20, 2020
John Leshy: To determine the vulnerability of other land bureau plans outside of Montana, “one would have to comb the decision-making record in each instance to see where Pendley’s fingerprints are.”

California Court of Appeals Orders 50% Population Reduction at San Quentin Prison
ABC7—October 20, 2020
Hadar Aviram: More than 1,000 inmates need to be released or transferred to another facility so they [California Department of Corrections and Rehabilitation] can provide measures to protect against COVID-19.

San Quentin Must Release or Transfer Half Its Prisoners Because of Lack of COVID Care, Court Rules
San Francisco Chronicle—October 20, 2020
Hadar Aviram: “I think we may have saved some lives.”

The Fate of Gig Workers Is in the Hands of California Voters
Wired—October 20, 2020
Veena Dubal: “The economics of ride-hailing is not likely to create a better scenario for employees.”

Gig Companies Are Making Their Workers Promote Prop. 22
KQED—October 20, 2020
David Levine: What these gig companies have made workers do “could be in violation of California labor code sections 1101 and 1102.”

California Will Review COVID-19 Vaccines Independently Amid Distrust of Trump Administration
USC Annenberg Media—October 20, 2020
Dorit Reiss: “It might be better for the states to highlight the three federal expert committees that exist and require transparency.”

Trump’s Other Wall: How the U.S. President Quietly Won his War on Migration
The Telegraph—October 15, 2020
Karen Musalo: “To pretend that Guatemala, Honduras and El Salvador are safe is divorced from reality and it is in violation of U.S. law, which stipulates third countries must have a full and fair asylum system for determining refugee status. These countries do not.” (paywall/subscription req.)

What Does Insulin Cost and What’s Behind the Skyrocketing Prices?
VeryWell Health—October 15, 2020
Robin Feldman: “Insulin is a very old drug. We’ve known about it for a long time. Patients shouldn’t be paying through the nose for it now a hundred years later.”

COVID-19: Your Job and Your Rights
Court Radio—October 11, 2020
Shanin Specter: Specter discusses tort issues related to COVID-19. Listen here.

Can the President Be Sued for COVID Transmission?
Radio.com—October 10, 2020
Shanin Specter: Specter was interviewed about whether President Trump may be civilly liable for COVID transmission. “The president, like all of us, has a duty to act reasonably.” Listen here.

College and Community Stories

SCOTUS to Hear CGRS’ Challenge to ‘Remain in Mexico’ Policy
The Supreme Court has agreed to review a Ninth Circuit decision that held illegal a Trump administration policy that forces asylum seekers to wait in Mexico in dangerous conditions as their claims for protection in the United States are considered.

Scholarly Leadership

Binyamin Blum: Published his chapter, “From Bedouin Trackers to Doberman Pinschers: The Rise of Dog Tracking as Forensic Evidence in Palestine,” in Global Forensic Cultures.

Robin Feldman: Received the Leon I. Goldberg Lecture Award from the University of Chicago Pritzker Medical School for her work on pharmaceutical innovation, pricing, and access. She was the first non-medical professional to receive the award in its nearly 30-year history. In conjunction with the award, Feldman delivered a “grand rounds” lecture on her research to medical faculty, staff, and students at the University of Chicago.

Upcoming Events

Faculty Colloquium: Oct. 27, Populist Prosecutorial Nullification
Join Kerrel Murray of UNC Law as he discusses his research on prosecutors who choose not to charge certain crimes. Open to students, staff and the public. 

CNDR: Oct. 28, Lunch and Learn Series
Professor John Lande will describe how practitioners can combine supposedly inconsistent negotiation models based on the framework his new book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions.

UCLA Anderson/UC Hastings: Nov. 10, 3rd Annual Regional Outlook
San Francisco Economic Outlook and Pension Policy. Join Jared Ellias and economic experts from UCLA as they unravel the many layers of events affecting the outlook for the State and Bay Area, provide insights about where the economy is headed, and where it might lose its footing.

Office of the Academic Dean: Nov. 10, Post-Election Consequences on the Domestic Front
Join Sarah Hooper, Shauna Marshall, Zachary Price, Jodi Short, and Rory Little as they explore domestic implications of the November 3rd election, including issues of health care, race, criminal justice, administrative law, and the U.S. Supreme Court.

Faculty Colloquium: Nov. 12, Corporate Community Lawyering
Join Alina Ball, founding director of the Social Enterprise & Economic Empowerment Clinic, as she discusses Corporate Community Lawyering. Open to students, staff and the public.

Office of the Academic Dean: Nov. 12, What’s Next? Foreign Policy and International Affairs in the Next Administration
Join Chimène Keitner, David Takacs, Karen Musalo, Joel Paul, and Naomi Roht-Arriaza as they discuss foreign policy, immigration policy, climate change, and the pandemic. Free and open to the public.