Wednesday, October 05, 2016

          Thinkers & Doers: September 2016

          FACULTY comment on the Supreme Court, surveillance and privacy, global supply chains, vaccinations, the Dakota Access Pipeline, forensics, the opioid epidemic – ALUMNI run for office, make moves, and use universal appeal of dessert to challenge Islamophobia -- A round-up of new shops, museums, restaurants and bars in the TENDERLOIN, and MORE.

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          Thinkers & Doers for September, 2016

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          Professor Ahmed Ghappour (@ghappour) discussed surveillance and privacy issues with several news outlets.

          • "Every person you’re touching, you’re potentially poisoning,” he remarked in a Human Rights Watch report about the impact of large-scale surveillance on journalism, law and democracy. 
          • His comments in a January 2016 Washington Post article were picked up by the Daily Caller for a story about privacy activists’ calls for the disclosure of court documents to ensure the legality of the FBI’s hacking into child pornographers’ electronic devices. 
          • In a story on, he commented on Rep. Mike Honda’s lawsuit against his opponent, Ro Khanna, which accuses one of Honda’s former staffers, who subsequently worked for Khanna, of stealing data that benefited the Khanna campaign. 

          A 2014 study co-authored by Professor Jodi Short, “Codes in context: How states, markets, and civil society shape adherence to global labor standards,” was cited in a Forbes article about how big companies should monitor factory conditions in their global supply chains. 

          “We’re not just going to stand by and let you give unjustified exemptions and prevent children from being protected from these diseases,” commented Professor Dorit Rubinstein Reiss (@doritmi) on the implications of the effort to pull the medical license of California-based pediatrician Dr. Robert Sears, a leading anti-vaccination voice. 

          "They have to be able to prove their case with evidence that the administration doesn't object to on the grounds of national security….That could be a problem. They also so have to prove affirmative acts on the part of people in the Saudi government acting in their official capacity, not rogue officials, not people acting in their spare time," said Professor Naomi Roht-Arriaza (@roht_naomi) in a Bloomberg interview that appeared in the Chicago Tribune about the new legislation that allows 9/11 families to sue Saudi Arabia. 

          Acting Chancellor & Dean David Faigman (@davidfaigman) spoke to KCBS about forensics and taught a class about scientific evidence and expert testimony at the National Judicial College in Florida. 

          Professor Morris Ratner (@ratner_morris) has provided commentary for a couple of recent stories.

          • “More law enforcement via private litigation is not a bad thing,” he said, in a Legal NewsLine story about the growth in third-party litigation and the launch of Legalist, a litigation funder established with a grant from Peter Thiel. 
          • He was quoted in a San Francisco Chronicle story of a Bay Area shareholder who is suing Wells Fargo over the unauthorized accounts scandal.   
          • He spoke to Bloomberg Law about a gender discrimination case involving Chadbourne & Parke and whether the plaintiff’s lawyer should have contacted other women lawyers at the firm before filing suit. 

          Professor Hadar Aviram (@aviramh) talked to a couple of news outlets:

          • She spoke to the Santa Cruz Sentinel about recent California polling showing the prospects of various state ballot initiatives in November.   
          • She was quoted in a article about a man charged with resisting arrest who is accusing the police of using excessive force. 

          Professor Rory Little (@rorylittle) was quoted in an AP story about the mayor of Sacramento, who’s facing assault charges after tackling a protester. "Whether you're hit in the face with a pie or a fist, you've been assaulted and you're generally allowed to respond with similar force….[the mayor’s] response probably is not a disproportionate reaction, though it might not be the reaction we want our public officials to have," Little said.    

          Little is also back on with a few columns:

          • He discusses the Supreme Court in the post-Scalia era. 
          • In a preview of upcoming arguments in Manuel v. City of Joliet, he asks whether the Fourth Amendment governs a “malicious prosecution” claim, and if so, how?
          • He previews the Court’s upcoming term, which will initially focus on criminal cases. 

          The Journal of American History has taken note of Professor Reuel Schiller’s book Forging Rivals. An excerpt from the review: “Schiller has written an important book about the decline of liberalism over the late twentieth century….This powerful story helps us understand the inherent tensions within liberalism when it comes to social justice . . . . [T]his is a crucial story – and a big one – that deserves telling in a time of the Black Lives Matter movement and debates about economic equality.”

          Professor Manoj Viswanathan provided analysis to on the publication’s tax fairness survey. 

          The Center for Worklife Law (@WorkLifeLawCtr) is back in the news.

          • Liz Morris, deputy director of the Center, talks to about how firms can retain committed and diverse lawyers with breastfeeding policies that go above and beyond what the letter of the law requires.
          • The Center’s Pregnant Scholar initiative was mentioned in an story about a student who fought to change her college’s policy after being kicked out for being pregnant. 
          • Its 2016 report, “Caregivers in the Workplace,” was cited in an article on about the negative impact of family caregiving on worker productivity. 
          • Steven Eckhaus, who sits on the Center’s advisory board, recently joined McDermott Will & Emery as head of the firm’s Employee Benefits, Compensation, Labor and Employment Group. 

          The UC Hastings community extends a warm welcome to nationally renowned health law scholar Professor Tim Greaney, who will join the UC Hastings faculty in Fall 2017. 

          Professor Heather Field (@profhmfield) spoke to the San Jose Mercury News about the prospect of higher taxes leadings to fewer venture capitalists in the U.S. market. 

          “What contacts are considered when determining personal jurisdiction over a defendant is a question that has been left unanswered by the Supreme Court and thus has divided lower courts,” remarked Professor Scott Dodson (@ProfDodson) in a Northern California Record article about the high number of out-of-state plaintiffs clogging California courts. 

          Distinguished Professor Frank H. Wu (@frankhwu) continues to write and speak at various events around the country.

          • He has been tapped to moderate a panel on Asian Americans and the 2016 election at the Asia Society on October 18. 
          • He was the keynote speaker at the 16th annual Dallas Fort Worth Asian American Citizens Council Banquet. His remarks were summarized in a story in the Dallas Morning News. 
          • He spoke to the community of Hawai’i Pacific University about “Who Belongs? The Future Face of America,” which was followed by a faculty discussion at the University of Hawaii and an appearance on local TV.
          • As the guest luncheon speaker at the Mitchell Hamline School of Law Board of Trustees’ recent retreat addressing issues in the future of legal education, he spoke about his forthcoming article in the Journal of Legal Education, “The End(s) of Legal Education.”
          • He gave the keynote address at the installation of Roberta Cordano as president of Gallaudet University.

          His most recent essays for the Huffington Post:

          • Tackle the controversial subject of trigger warnings. 
          • Discuss what he learned about inclusion when he gave a talk to college students in honor of Constitution Day. 
          • Reflect on his recent return to Gallaudet University, where he once served as a trustee. 

          Professor Zachary Price in the news:

          • He wrote a post for SCOTUSblog about the Rule of Lenity on the Court post-Scalia. 
          • He contributed a column to the Daily Journal (paywall) about federal enforcement policy and due process.
          • He also recently spoke the San Francisco Bank Attorneys Association about the last U.S. Supreme Court term.

          “Perjury requires intentional awareness of what you said is false,” said Professor Geoffrey Hazard in a Daily Caller article about whether the president of MSNBC committed perjury in a 2014 deposition. 

          Professor John Leshy made the media rounds to discuss several environmental issues this month.

          • He spoke to KQED about the legal status of the Dakota Access Pipeline.
          • He was quoted in a story on about a push by environmental organizations to encourage President Obama to ban offshore drilling using an obscure provision in the Outer Continental Shelf Lands Act. 
          • He spoke to the Associated Press about a new report issued by the attorneys general of Western states that takes issue with the claims advanced by the state of Utah in its effort to gain control of huge swaths of federal land. 

          Congratulations to Professor Robin Feldman (@RobinCFeldman) who has been named (again!) to The Recorder’s “2016 Women Leaders in Tech Law” list. In other Feldman news:

          • She testified before the House Judiciary Subcommittee on Regulatory Reform, Commercial & Antitrust Law at a hearing about the opioid epidemic and the state of the markets for addiction medicine. 
          • She weighed in on the TPP as it affects the pharmaceutical industry for a story on about why President Obama continues to back the deal. 
          • “When there is a lot of money at stake, people fight over it….And in a battle over the keys to the kingdom, everything matters,” she said in a story about the battle over CRISPR patents. 
          • Her Stanford Technology Law Review article, “Patent Demands and Initial Public Offerings,” was cited in the White House’s “Patent Litigation Landscape: Recent Research and Developments, Council of Economic Advisors Issue Brief.”

          Professor Richard Zitrin penned a column for The Recorder (paywall) about the transfer of Judge Aaron Persky from criminal to civil court in the wake of the Brock Turner case. Zitrin also served as the lead in a letter from ethics professors to Second Commission for the Revision of the Rules of Professional Conduct offering comments on proposed rules of professional conduct:  

          "Even making an appointment to get a drivers license in some states requires internet access….People without such access are considered to be on the fringes of society,” remarked Professor Jill Bronfman (@privacytechlaw) in a article about the necessity of cell phones for refugees in the U.S. In other developments, Bronfman continues spread the word about cyber law - both at home and abroad:

          • She will be speaking on privacy and security at the California Public Utility Counsel Conference on October 18, moderating a panel with speakers from the Electronic Frontier Foundation (EFF), the National Renewable Energy Lab and Dentons law firm.
          • She will present her updated drone paper at the Cyberspace Conference in Brno, Czech Republic over the Thanksgiving holiday.
          • She will present her research on the “Internet of Things in the Home” at AALS on January 6th in San Francisco.
          • She has been invited to speak at the Gibbs Law Group’s conference on January 24th in San Francisco.
          • She will be teaching Mobile Communications at San Francisco State in Spring 2017.

          Watch out Mad Men. In addition to producing fabulous lawyers, UC Hastings also knows how to produce memorable commercials. Our new “mascot” ad caught the attention of Above the Law, which called it the “best law school commercial EVER.” 

          Alumni in the News

          A candidate for the Nevada Supreme Court, lawyers running for local office, the general counsel of the company behind Pokemon Go, a civil rights lawyer who also happens to be a baker, one of the Recorder’s “Women in Tech Law”…here are this month’s alumni in the news:

          Best of luck to Judge Lidia Stiglich ’95, a district court judge in Washoe, NV, who is one of nine candidates to fill a vacant Nevada Supreme Court seat.

          Good luck to all of our alumni running for local office:

          • Cristy Parker ’94 in her quest to win a seat on the Yorba Linda City Council.
          • Civil rights attorney Joshua Arce ‘00, who is running for a seat on the San Francisco Board of Supervisors.
          • Amy Harrington ’05, an elder law attorney, as she campaigns to win a seat on the Sonoma City Council.
          • Dean Preston ‘96 in his campaign to become the San Francisco District Five Supervisor.

          Congratulations to Kristin Sverchek ‘07, general counsel of Lyft, for making The Recorder’s annual list of “Women Leaders in Tech Law.” Alumna Recorder Women in Tech.

          Several alumni have made the move to new law firms:

          • Mieke Malmberg ’00 recently joined Skiermont Derby LLP as a patent litigation partner in the firm’s Los Angeles office.
          • Thomas Holden ’87 has joined Greenberg Traurig’s San Francisco office as of counsel in the firm’s litigation practice.
          • Delilah Vinzon ‘02 has joined Liner LLP’s Westwood office as a partner in the firm’s business litigation group.
          • Caitlin Connell ‘10 joins Gaw Van Male as an associate in the firm’s wine law, business and real estate group.
          • Adriana Cervantes ‘11 has joined Wilke Fleury Hoffelt Gould & Birney as an associate in the firm’s litigation practice.

          Kudos to Assemblyman Donald Wagner ’87, who was recently honored by University of California President Janet Napolitano for his commitment to higher education.

          Zahra Biloo ‘09, the executive director of the San Francisco-Bay Area chapter of the Council on American-Islamic Relations, happens to be a baker in her spare time. She uses the universal appeal of dessert to challenge Islamophobia and recently spoke at the California Institute of Integral Studies about her work.

          Corporate Counsel wrote about the efforts of UCHastings Board of Director member Courtney Power '01, who serves as the general counsel of Niantic, the company that created Pokemon Go, to placate lawmakers about the digital privacy practices of the company.

          The Chicago Tribune recently profiled Phil Wojdak ‘83, a rabid Dodgers fan who went blind at the age of 15 and who has relied on Vin Scully’s animated play-by-play for years.

          Judge Steven K. Austin ’81 has been named Contra Costa Alumnus of the Year. A reception in his honor will be held on November 1. To RSVP:

          The first LGBT person of color to sit on the San Francisco Superior Court, Judge Roger Chan '98, was recently sworn in a ceremony that marked the historic occasion of his induction.

          Congratulations to Rodney K. Nickens Jr. ‘16, who recently received the Emerging Leader Award from the East Bay Stonewall Democratic Club.

          Michael (Mick) Fleming ‘75, a lawyer with Ryan, Swanson & Cleveland, has been elected to Eastside Distilling’s Board of Directors.

          Barack Obama Mandela ’97 recently wrote a blog for the Huffington Post proposing the “Hastings Oath” (no connection to UC Hastings, other than he was inspired to write it while a student at the school), a new Hippocratic Oath for lawyers.

          Our Neighborhood in the News

          If you have some spare time to explore the streets around UC Hastings, check out this round-up of new shops, museums, restaurants and bars in the Tenderloin, courtesy of San Francisco Magazine. 

          Did you know the Tenderloin is a haven for artists? Check out this NY Times piece about the creative energy the district is trying to preserve as the area continues to gentrify. 


          The Faculty Executive Committee adopted this policy in 2011 after consultation with individual faculty members.

          UC Hastings is committed to the principle that the pursuit of knowledge and the free expression of ideas is at the heart of the academic mission, whether in the classroom, in the selection of clinical projects and clients, and in research, scholarship, public presentations, and contributions to public fora. This is especially true when the ideas or subjects are unpopular or controversial in society, as orthodox ideas need no protection. No person or organization outside the academic community should be permitted to determine which ideas or projects may be explored, expressed, supported or endorsed. Read the full policy here.

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