Rick Marcus on Procedure and Courts in America

Published on: Author: Scott Dodson

My colleague Rick Marcus, a longtime leader in both domestic and comparative civil procedure, has published two articles. The first, “Treading Water? Current Procedural Issues in America,” 23 ZZPInt 183 (2018), reports on U.S. procedural developments of some interest to scholars in other countries, including class-action rule reform, personal jurisdiction, discovery, arbitration, and third-party litigation… Continue reading

Zach Price on Symmetric Constitutionalism

Published on: Author: Rory Little

Professor Zach Price, my UC Hastings Law colleague and a recognized star of U.S. constitutional theory, has recently published an essay entitled “Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the post-Kennedy Supreme Court.” This essay proposes “symmetric constitutionalism” as a method for judges to use when deciding hard cases. His idea has drawn attention,… Continue reading

Abe Cable on the Effects of Trados in Silicon Valley

Published on: Author: Jared Ellias

In recent times, corporate-finance scholars have embraced a methodological approach that looks for “shocks” to evaluate a policy change. These “shocks” are often new laws or court rulings that change some existing rule on a certain day. The researcher then makes predictions about how the world will change with the new rule and examines evidence… Continue reading

Dorit Reiss and John Diamond on Liability for Anti-Vaccine Misinformation

Published on: Author: Scott Dodson

Vaccine laws and debates are spreading like a contagion. Measles, once thought nearly eradicated in the United States, has experienced outbreaks in Minnesota, New York, California, and other states. These outbreaks have been caused primarily by undervaccinated communities. The resurgency of measles and other vaccinable diseases has flamed the already virulent vaccination debates between public-health… Continue reading

Rory Little on Justice Kennedy’s Criminal Jurisprudence

Published on: Author: Zach Price

Last February, UC Hastings Law hosted the first post-retirement symposium on Justice Kennedy’s jurisprudence, with the justice himself attending. In the Hastings Law Journal’s symposium following the event, my colleague Rory Little has published a valuable survey of Justice Kennedy’s criminal cases during his thirteen years as a federal appellate judge and three decades on… Continue reading

David Takacs on Saving Species: Whose Voices Count?

Published on: Author: Naomi Roht-Arriaza

What do wolves in Yellowstone, Bay Area marshlands, and forests in Borneo have in common? They are all the subject of tugs of war between those who are trying new ways to save biodiversity and those who fear that those conservation programs will hurt them. In these cases, the norms that favor preserving and enhancing… Continue reading

Jared Ellias on How Chapter 11 Really Works

Published on: Author: Abe Cable

In Bankruptcy Hardball, Professor Jared Ellias teams up with attorney Robert Stark to expose increasingly aggressive tactics by corporate managers in bankruptcy proceedings. The article, which draws on detailed case studies, is a methodological departure from Professor Ellias’s usual empirical quantitative work. But the insights are incisive as usual. The article details maneuvers by corporate… Continue reading

Kate Bloch on Using Virtual Reality to Prevent Brady Errors

Published on: Author: Hadar Aviram

Kate Bloch‘s article “Harnessing Virtual Reality to Prevent Prosecutorial Misconduct,” just published in the Georgetown Journal of Legal Ethics, seeks to provide a technological solution to reduce the serious problem of Brady errors (prosecutorial failure to disclose materially exculpatory evidence). Bloch’s point of departure is that prosecutorial mishandling of exculpatory evidence often stems from cognitive… Continue reading

Hadar Aviram on Reformer Intent in Criminal Justice

Published on: Author: Kate Bloch

In a thoughtful, recent article, “What were ‘They’ Thinking, and Does it Matter? Structural Inequality and Individual Intent in Criminal Justice Reform,” published in July, 2019, in Law & Social Inquiry, my colleague Professor Hadar Aviram turns a critical eye toward narratives that investigate the motivations of reformers in the carceral domain. To evaluate these… Continue reading

Zach Price on Reliance Defenses for Executive Officials

Published on: Author: Scott Dodson

All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading