University of California UC HastingsSan Francisco law LEOP CELEBRATES 50 YEARS PROFESSOR PROFESSOR IZUMI RECEIVES KEITNER AALS PINcuS BRINGS FRESH AWARD FOR PERSPECTIVES CLINICAL LEGAL FROM FoGGY EDucATION BoTTOM AALS HoNORS CALIFORNIA PROFESSOR BAll INVESTS WITH SHANARA $4.5 MIllION IN GILBERT AWARD UC HASTINGS DIVERSITY 3Ls LAND PIPELINE NINTH CIRcuIT CLERKSHIPS YMCA SF JOINS GRADUATE ScHolARSHIP CAMpuS FOR THE BENCH TRIAL TEAM FAculT Y WINS 2018 AAJ PUBLICATIONS NATIONALS AND CITATIONS SEVEN-FIGURE GIFTS FOR BuILDING UC HASTINGS AluMNI IN TECH FoRM THE NEXT WAVE ADVISORY Asking bold questions and driving innovation, the UC Hastings. BoARD FOR community leads law into the future. LEXLAB Professor Alina Ball, director of the Social Enterprise & Economic Empowerment Clinic FALL 2018 THE WORLD CHANGES HERE → UC Hastings was founded 140 years ago, when the Barbary Coast was in full swing. Over the years, students, faculty, and alumni have witnessed and participated in some of the most profound changes the world has ever seen—and that continues to be the case. Because in this city that never looks backward, UC Hastings is the law school that always looks forward. ( Contents ) Upfront 04 | From the Dean 06 | In Brief Social justice advocate Jordyn Bishop ’17; trial team wins AAJ Nationals; faculty newsmakers; Tina Combs named UC Hastings board chair; AALS honors Professor Carol Izumi; students selected for prized federal clerkships; and more. 06 24 | Engaged Scholarship Professor Joel Paul’s critically acclaimed book on 24 the life and times of Chief Justice John Marshall; the second edition of The Judges’ Book; and highlights of the faculty’s recent scholarly publications. Departments 73 | For the Record UC Hastings celebrates its 137th Commencement. 74 | Advancement California invests $4.5 million in encouraging diversity at UC Hastings; seven-figure gifts from Joseph W. Cotchett ’64 and Professor Shanin Specter; the College’s Spring Soirée; the class of ’92 establishes an endowed scholarship fund; and more. 80 | Then and Now The Legal Education Opportunity Program celebrates 50 years of opening doors for students of promise. 80 84 | Student Organizations Co-founded by 2Ls Xia Hwang and Edgar Vargas, Tech x UCH aims to bridge the gap between students and tech start-ups. 2 FALL 2018 THE Next Wave Pioneering New Frontiers In this special section, UC Hastings looks at how the legal profession is undergoing radical changes, from the dramatic impact of technology on the practice of the law to exciting new tools for educating tomorrow’s 30 lawyers. The College remains firmly in the vanguard of legal innovation, making invaluable contributions to the fields of health law, social justice, start-up law, and litigation, among many others. Read on to learn how faculty thought leaders such as Alice Armitage, Alina Ball, Abe Cable, Richard Marcus, Sheila Purcell, Radhika Rao, Morris Ratner, and Glen Van Ligten continue to break new ground. Point of View Professor Chimène Keitner, who recently held the prestigious position of counselor on international law at the U.S. Department of State, discusses her experience 54 spanning two administrations. 56 | Your Class Notes WHAT’S NEW WITH YOUR UC HASTINGS COLLEAGUES AND CLASSMATES. → [email protected] UC HASTINGS 3 ( From the Dean ) UC Hastings Magazine Fall 2018 Volume 11 Chancellor & Dean welcome David Faigman Academic Dean | Morris Ratner Dear Alumni and Friends, Chief Communications Officer The only thing certain about the future of the law is uncertainty. I graduated Alex A.G. Shapiro from law school in 1986. The most popular computer at that time was the [email protected] Macintosh 128. It was a marvel. My iPhone, however, is more than 100 times Chief Development Officer faster, has over 1,000 times the memory, and is one-fiftieth Eric Dumbleton the size. Around 1970, an idea called Moore’s Law gained [email protected] traction—based on a paper by Gordon Moore, the co- Photography | Jim Block founder of Fairchild Semiconductor and Intel. Moore’s Produced by | DCP Law predicts that processor speeds, or overall processing Board of Directors power for computers, will double every two years. I don’t Tina Combs ’88, Chair Carl W. “Chip” Robertson ’98, Vice Chair know whether there is a corresponding notion for societal Simona Agnolucci ’06 change, but there ought to be. Email, the internet, Google, Donald Bradley ’68 social media, the app-based sharing economy, and much Thomas Gede ’81 Adrienne Go more have fundamentally transformed society, including Claes H. Lewenhaupt ’89 in ways we have yet to understand. And the speed of this transformation Christian Osmeña largely parallels, and is likely a consequence of, increasing processing power. Mary Noel Pepys ’78 Yet it might seem that the fundamentals of law practice have yet to Courtney Power ’01 change all that much. Lawyers write contracts, file briefs, cross-examine Contact Us Advancement & Communications witnesses, hire experts, and make appellate arguments, all much as they University of California did 30 years ago. To be sure, tech has changed the workflow of practice, Hastings College of the Law with word processors replacing typewriters; Westlaw replacing reporters; 200 McAllister St. San Francisco, CA 94102 and e-discovery making review of documents faster, cheaper, and more 415.565.4615 accurate. [email protected] But, in fact, we are on the cusp of a revolution that will change not uchastings.edu only the way lawyers practice law, but also what it means to be a lawyer. Send changes of address to Increasingly, natural language processing, big data analytics, machine [email protected]. learning, and artificial intelligence are making inroads in legal research, Please submit your class notes at contract formation and function, and decisions whether to settle a case or [email protected]. what jurors to select if the case does not settle. The law graduate of tomor- UC Hastings is published by the row will need to be fully prepared to stand on the shoulders of a technology University of California Hastings College of the Law. ©2018 that, in some respects, will have the processing power to “practice law.” All rights reserved. For law schools, however, the digital revolution is not just about how law is practiced, or even what it means to be a lawyer. It is also about how that If you prefer to opt out of receiving UC Hastings magazine by mail, email revolution impacts the law itself. [email protected] or visit One of the common denominators of “disruptive technologies”—a uchastings.edu/alumni-contact. term coined originally by Harvard Business School Professor Clayton Any reference or depiction of a commercial M. Christensen in his 1997 book The Innovator’s Dilemma—is that they product does not constitute or imply an endorsement by UC Hastings of the prod- don’t simply disrupt existing technologies; they disrupt existing legal uct or its provider or producer. frameworks. Smartphones did not just disrupt the telecom industry; 4 FALL 2018 Airbnb, Google, YouTube, and so on. This suggests that current and future technol- ogies ought to be, and will be, designed in WE ARE ON THE CUSP OF A REVOLUTION anticipation of the substantive law as it is THAT WILL CHANGE NOT ONLY THE today and how it might be tomorrow. WAY“ LAWYERS PRACTICE LAW, BUT ALSO Increasingly, then, the law degree will be WHAT IT MEANS TO BE A LAWYER. ... AT a platform degree, much like what the MBA UC HASTINGS, WE ARE PREPARED FOR was in the past. It permits holders to not THIS REVOLUTION.” only practice law but also be involved in the —CHANCELLOR & DEAN DAVID FAIGMAN cutting-edge technology businesses that sometimes run roughshod over existing rules and regulations. Major tech companies today they disrupted basic notions of privacy in settled Fourth need to make design decisions with a sophis- Amendment law. This past term, the United States Supreme ticated knowledge of the law, both as it is and Court confronted this disruption when deciding in Carpenter how it might change. That is why major tech v. United States that a warrant is required to access historical companies, like Microsoft and Google, now records containing the physical locations of cellphones. More have policy divisions to help them negotiate specifically, the court held that the long-settled “third-party this terrain. doctrine,” which holds that there is no expectation of privacy At UC Hastings, we are prepared for this in data voluntarily handed over to a third party, does not apply revolution. As with all law schools, our primary to cellphone data that reveals the historical movement patterns obligation is to ensure that our graduates are of the person carrying the phone. Chief Justice Roberts noted fully prepared to practice law in the tradi- the “seismic shifts in digital technology that made possible tional manner, which includes ensuring their the tracking of not only Carpenter’s location but also everyone success on the bar exam. But we also need to else’s, not for a short period but for years and years.” empower our students to be prepared to work Just about every technological advance being touted today in a digital world that generates legal chal- has substantive law implications. Should Uber and Lyft drivers lenges exponentially. We have the advantage be considered employees or contractors? Should Airbnb be of being located in San Francisco, and we subject to residential zoning requirements, or can any neighbor, are increasingly building partnerships with even in the quietest of suburban neighborhoods, essentially business and tech leaders to create additional open up a bed-and-breakfast business? Who is liable when opportunities—from externships to post- a self-driving car kills a pedestrian? And is someone who is graduate employment—for our students.