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 →
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 →
As all lawyers remember fondly from civil procedure, personal jurisdiction under the modern “minimum contacts” approach protects defendants from being haled into remote forums with which they have no substantial connection. It normally has no significance for plaintiffs. Plaintiffs, after all, consent to litigation in the forum by bringing suit there. But is that always… Continue reading →
What duty do healthcare employers have to accommodate employees with religious objections to influenza vaccines? My colleagues Dorit Reiss and Veena Dubal, recognized experts (respectively) in vaccine law and employment discrimination, have teamed up to provide an invaluable primer on the law governing this question. Their bottom-line answer is, “not much.” Professor Reiss and Professor… Continue reading →
My colleague Scott Dodson has established himself as one of the country’s leading civil procedure scholars by tackling some of the subject’s trickiest puzzles. In a recent article in the Georgetown Law Journal called “Jurisdiction and Its Effects,” Professor Dodson has done it again, training his sights on the vexed subject of jurisdiction. Professor Dodson… Continue reading →
My colleague Scott Dodson, one of the country’s leading civil procedure scholars, has written a fascinating new article urging a litigation role for the rules committees that draft federal procedural rules. Professor Dodson’s article, “Should the Rules Committees Have an Amicus Role?,” appears in the Virginia Law Review. The article argues that the rules committees… Continue reading →
