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Jessica Vapnek on Gender-Silent Legislative Drafting

Published on: Author: Jessica Vapnek

Thirty years ago, a property student accused me of ruining the English language by using the word remainderperson.  Never mind that very few people use the language of future interests in their daily lives, the student’s point was that a man word (remainderman) is more correct than a gender-neutral word (remainderperson).  The student’s authority was… Continue reading

Robin Feldman on the Role of Trade Secrets in Shielding Pharmaceutical Pricing

Published on: Author: Jaime King

In “Naked Price and Trade Secret Overreach,” 22 Yale Journal of Law & Technology 61 (2020), Professor Robin Feldman and her co-author, Charles Tait Graves, draw critical attention to the ever-broadening assertion of trade secret protection as a device to obscure the price of healthcare goods and services. The article explores the danger of trade… Continue reading

Jaime King on Challenges to State Attempts at Controlling Prescription Drug Costs

Published on: Author: Robin Feldman

 Professor Jaime King’s article, “The Burden of Federalism: Challenges to State Attempts at Controlling Prescription Drug Costs,” coauthored with Katherine Gudiksen and published in Journal of Legal Medicine, is a clear and cogent piece that adds to her distinguished scholarship on some of the most complex challenges facing the U.S. healthcare system. In the process,… Continue reading

David Levine and Budd Shenkin on Presidential Pardons

Published on: Author: Zach Price

The President’s pardon power has received renewed attention and controversy during the Trump Administration. Those interested in a useful survey of controversial presidential pardons from this administration and others, as well as an interesting proposal for reform, should check out a new article in the Hastings Constitutional Law Quarterly, “Should the Power of Presidential Pardon… Continue reading

Mark Aaronson on Judgment Based Lawyering

Published on: Author: Richard Boswell

Accessibility, responsiveness and judgment are critical attributes of good lawyering. These are topics which Professor Mark Aaronson explores in a recent article titled Judgment Based Lawyering: Working in Coalition appearing in the peer-edited Journal of Affordable Housing. More than just a discussion of these critical attributes, Professor Aaronson describes how the teaching of these valuable… Continue reading

Dave Owen on Consultants, the Environment, and the Law

Published on: Author: David Takacs

The first three words of the abstract of Professor Dave Owen’s new article read, “Conventional wisdom assumes…” Professor Owen specializes in analyzing to what extent what everyone knows about a given subject in Environmental Law finds any basis in reality. In the article, titled “Consultants, the Environment, and the Law” and recently published in Arizona… Continue reading

Scott Dodson on Personal Jurisdiction in Comparative Context

Published on: Author: Rick Marcus

My colleague Scott Dodson has built himself a prominent place in American jurisdiction law, in a series of articles on personal jurisdiction and subject–matter jurisdiction. He’s also been carving out a niche in comparative civil procedure. In “Personal Jurisdiction in Comparative Context,” forthcoming in the refereed American Journal of Comparative Law, Professor Dodson combines his… Continue reading

Richard Boswell on Advancing a Broader View of Clinical Scholarship

Published on: Author: Mark Aaronson

Richard Boswell’s thoughtful insights regarding clinical scholarship reflect the pivotal position he has had in the development of such scholarship institutionally and as a role model. In “Advancing a Broader View of Clinical Scholarship,” 26 Clinical Law Review 117 (2019), Professor Boswell begins with a quotation that appeared in the CLR’s first edition: “The heart… Continue reading

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