FACULTY NEWS University of , Davis School of Law Martin Luther King, Jr. Hall Editorial Assistant: Brigid Jimenez May 2009

AFRA AFSHARIPOUR was a panelist on the “Corporate Governance and Securities Law Responses to the Financial Crisis" roundtable event at the University of Maryland School of Law in April. She also presented her work-in-progress, “Paying to Break Up: The Rise of Review symposium for which she Reverse Termination Fee Provisions,” was faculty advisor. Diane was at our own faculty workshop in April. elected to a 2-year term as Vice She will be serving as the newsletter President of the American Society of editor for the AALS Comparative Law International Law, at Society‟s section. annual meeting in March in Washington, D.C. She was DIANE AMANN served as interviewed about the Somali pirate discussant on a paper respecting case now before a federal court in “The Responsibility to Protect,” New York, on “The Osgood File,” prepared by former U.S. Ambassador national broadcast on CBS News David Scheffer, at an experts radio in April and was quoted in meeting of the Crimes Against Daphne Eviatar, “Can U.S. Courts Humanity Initiative in April at Free Innocent Gitmo Prisoners?,” Washington University School of Law, Washington Independent, April 7, in St. Louis, Missouri and presented 2009 and in Irv Leavitt, “Museum “John Paul Stevens and Equally also reminds visitors genocides didn‟t Impartial Government,” for the end with Holocaust,” Skokie Equality panel at the UC Davis Law Review, April 6, 2009 and in Tony

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Mauro, “Coming of Age: Slowing appeared on National Public Radio Down? Hardly. Justice John Paul (NPR), various local NPR affiliate Stevens Is Playing a Lead Role This programs such as KQED's "Forum," Term,” Legal Times, March 9, 2009. and KPPC's "AirTalk," as well as in various newspapers, including the ASSOCIATE DEAN FOR Wall Street Journal, the Los ACADEMIC AFFAIRS VIKRAM Angeles Times, the San Jose AMAR published a First Mercury News, the Baltimore Amendment/Free Speech Sun, the San Francisco Chronicle Anthology volume for the Bill of and others. He is currently serving Rights series by Prometheus (along with DEAN KEVIN Press, and also a law review article JOHNSON) on U.S. Senator Barbara on "The Constitution and the Boxer's Advisory Committee for the Roberts Court in Business Cases," Eastern District of California. for a symposium issue of the Santa Clara Law Review. He also KEITH AOKI published (1) “Latinos published numerous on-line essays and the Law: Cases and Materials: for Findlaw.com, and he co- The Need for Focus in Critical authored an op-ed with Analysis,” in the Harvard Latino PROFESSOR ALAN BROWNSTEIN Law Review (with Dean KEVIN that came out in the San Francisco JOHNSON); (2) “Seeds of Dispute: Chronicle. He delivered the Intellectual Property Rights and endowed Annual Lecture on Agricultural Biodiversity,” in the State Constitutional Law at Golden Gate University Rutgers Law School, Camden, and Environmental Law Journal; (3) served on two panels at the annual “Free Seeds, Not Free Beer”: conference of the United States Participatory Plant Breeding, Open District Court for the Northern Source Seeds and Acknowledging District of California in Napa. He User-Innovation in Agriculture,” in testified before a joint subcommittee the Fordham Law Review; (4) of the United States Senate and the “Half-Full, Half-Empty? Asian United States House of American Electoral „Presence‟ in Representatives in Washington, DC, 2008,” in the Denver University on various constitutional Law Review; and (5) “(In)visible amendment and statutory proposals Cities: Three Local Government concerning the means of filling Models, Immigration, Non-Citizen vacancies in the United States Voting and Language Regulations,” in Senate. He was the luncheon the Oregon Review of speaker for the annual "Operation International Law. Keith also gave Protect and Defend" Luncheon in presentations at Indiana School of Sacramento. He conducted Law-Bloomington, Southwestern Law numerous media interviews, and School, University of Tulsa Law

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School and Fordham Law School. Angeles Times arguing that states that recognize same-sex marriage ANDREA BJORKLUND’s article, should try to protect both the “Economic Security Defenses in autonomy of religious individuals and International Investment Law,” was institutions and the rights of gay and published in the inaugural volume of lesbian couples and co-authored with the Yearbook of International ASSOCIATE DEAN VIKRAM AMAR Investment Law and Policy. In an op-ed on gay marriage and March, she addressed “Recent religious liberty that appeared in the Developments in NAFTA” on a panel San Francisco Chronicle. at International Law Weekend–West in Salem, Oregon and later HOLLY COOPER recently argued participated on a panel “The New before the Ninth Circuit Court of Face of Arbitration” at the UC Davis Appeals on whether to afford Journal of International Law and Chevron deference to an agency Policy Symposium, an event that she decision in Robles v. Holder. She co-chaired. The following week she taught a nationwide webinar for the participated in the International Law Immigrant Legal Resource Center on Colloquium at the University of Challenging Immigration Detention Georgia, where she gave a paper on and is set to speak on the issue in “State Immunity in International June for the American Immigration Investment Law.” At the end of Lawyers‟ Association national March, she attended the American conference. Holly‟s article for the Society of International Law‟s annual AILA conference will be published in meeting, where she was elected to June. Holly and her students won an the Society‟s Executive Council. In immigration hearing for a detained April Professor Bjorklund gave a talk mentally ill refugee from East Africa on “Regulatory Expropriation in who was also a former UC Davis International Law” at the spring student. Her students filed three meeting of the ABA‟s Section on briefs to the Ninth Circuit Court of International Law and Practice. She Appeals this semester on criminal attended a festschrift for Professor immigration issues and international Michael Reisman at Yale Law School law issues. on April 24. On May 13, she gave a talk at Columbia University at a JOEL DOBRIS published an article symposium entitled “Preventing and on investing private foundation Managing Conflict in Energy and endowments in the American Other Natural Resource Investment College of Trusts and Estates Relations.” Counsel Journal and attended a meeting of the American Law ALAN BROWNSTEIN published an Institute Advisers on the Principles of Op-Ed article in the May 11 Los the Law of Nonprofit Organizations.

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disabled and in great pain to commit HOLLY DOREMUS published “Of suicide. Babies and Bathwater: Why the Clean Air Act‟s Cooperative BOB HILLMAN completed the sixth Federalism Framework Is Useful for edition of Securities Regulation: Addressing Global Warming,” in the Cases and Materials (co-authored Arizona Law Review (with W. with Jim Cox and Don Langevoort). Michael Hanemann); “A Challenge for He gave a talk on lawyer mobility the Obama Team: Put Science and issues at the annual South Carolina Federal Scientists to Better Use,” in Bar Association convention. Bob the Ecology Law Currents; and a provided support to the Liberian commentary for Slate.com on the government on mining issues, and Supreme Court's ruling on Navy was quoted in the Wall Street sonar use. She is a contributor to the Journal on SEC attempts to regulate new Environment & Law blog, a indexed annuities; Reuters on the collaborative venture of UC Berkeley stress tests for banks; the New York and UCLA. She was a keynote Law Journal on vicarious liability on speaker at a Stanford takings law law partners, and the ABA Journal conference and at the Shasta-Lassen and Bloomberg News on the SEC‟s Winter Ag Meeting. She also gave investigation of Allen Stanford. presentations at Chicago-Kent College of Law, UC Berkeley's Energy BILL HING was invited to present and Resources Group, the Center for at the University of Chicago's Progressive Reform winter meeting, Workshop on the Reproduction of and the California Native Plant Race and Racial Ideologies, the topic Society Conservation Conference. was Institutional Racism and ICE Raids. He was keynote speaker at FLOYD FEENEY was quoted on the the Korean need to revise the California Annual Awards Dinner, Los Angeles. Constitution in a special section of Bill presented a series of lectures on the San Francisco Chronicle, and Asian Americans and Civil Rights at was interviewed concerning the May the East China University of Political ballot propositions by Capitol Public Science and Law, in Shanghai, China. Radio. He appeared on KCRA News Bill was did a panel presentation at (Sacramento) discussing the arrest University of San Francisco School of of a suspect in a highly publicized Law, Law Review Symposium on child sex abuse and murder case. He Immigration Law. Topic: The Effect also commented on this case for the of ICE Raids on Immigrant Families. Sacramento Bee. The Stockton Record quoted him in its discussion LISA IKEMOTO gave a faculty of a case in which a woman had workshop and a law school assisted her brother who was presentation on the use of human

4 eggs in the fertility industry and in University. Ed appeared on a stem cell research at the Georgia television broadcast on Channel 13 State College of Law. She ran a about the use of forensic evidence in works-in-progress session at the the pending Cantu investigation. He Conference of Asian Pacific American lectured on scientific evidence at a Law Faculty, which was hosted by criminal defense seminar sponsored King Hall, and participated in the 20th by the Solano County Public anniversary conference of Critical Defender's Office in Fairfield. Ed's Race Theory at the University of recent publications include: (1) Iowa College of Law. Lisa presented "Rethinking the Limits of the a paper on reproductive tourism at a Interpretive Maxim of Constitutional symposium hosted by the Avoidance: The Case Study of the University of Minnesota Journal Corroboration Requirement for of Law and Inequality. She co- Inculpatory Declarations Against taught (with Professor Ben Rich) a Penal Interest (Federal Rule of bioethics course for the U.C. Davis Evidence 804(b)(3)),” in the Stem Cell Research Training Gonzaga Law Review; (2) "The Program. Lisa also taught the Need to Resurrect the Present Sense bioethics component of the U.C. Impression Hearsay Exception: A Davis Howard Hughes Medical Relapse in Hearsay Policy," in Institute training program in Howard Law Journal; (3) „“This is translational research. Lisa recently Like Deja Vu All Over Again': The was interviewed by the Fort Worth Third, Constitutional Attack on the Star Telegram about regulation of Admissibility of Police Laboratory the fertility industry and by KDVS Reports in Criminal Cases," in New about ethical and legal issues arising Mexico Law Review; (4) “The Use from the HINI flu outbreak. of Forensic Entomology in Determining the Time of Death” in In March, ED IMWINKELRIED the Criminal Law Bulletin; (5) appeared on the program, Great “Redress for Loss of Private e-data” Minds, a television broadcast to the in Trial; and (6) “Poetic a National California judiciary. During the Law Journal column discussing the program, Ed was interviewed about February 2009 report of the National expert testimony and uncharged Research Council on forensic science. misconduct evidence. Ed taught a Scientific Evidence course at the ELIZABETH JOH presented Chinese University of Political Science papers at Stanford's Center for and Law (CUPL) in Beijing. At the Internet and Society, and the conclusion of the course, Ed was Stanford Faculty Workshop. She appointed to CUPL's board of foreign provided guest commentary on the advisors. While in Beijing, he also ethics of DNA databasing for the spoke at the law school of Renmin Economist.com. Elizabeth‟s article,

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"Breaking the Law to Enforce It," will senator regarding positions of U.S. be published in the Stanford Law District Court Judge and U.S. Marshal Review. for the Eastern District of California. Kevin has continued to visit with King Hall alums and In March, MARGARET JOHNS and prospective students, including UC Davis School of Law were recent events in San Francisco, Los recognized for providing pro bono Angeles, Sacramento, and Orange representation for appellants before County. the United States Court of Appeals for the Ninth Circuit. TOM JOO presented a paper on corporate governance and global In May, DEAN KEVIN JOHNSON warming at a symposium at Wake published a book review in the Law Forest University in March. He & Politics Book Review and commented on papers at the recently presented his research at Conference of Asian Pacific American conferences at Yale Law School (as Law Faculty (CAPALF) here at King well as presenting his latest book at Hall in March and at the Critical Race a lunchtime presentation), the Theory conference at University of University of Iowa College of Law, Iowa in April. and San Jose State University. In March, he presented a paper on “The RAHA JORJANI was chosen as Intersection of Race and Class in U.S. Non-Profit Scholarship Recipient for Immigration Law and Enforcement” AILA NorCal for AILA‟s Lobby Day in at the Center for the Study of Race, Washington, D.C. and spent a day Ethnicity and Politics at UCLA. In Lobbying Congress on detention recent months he has presented issues. She was chosen as the Public research as part of the Western Service Graduation 2009 faculty Center for Agricultural Health & speaker. Raha did training at the Safety seminar series at UC Davis, a Yuba County Public Defender- USF Law Review Symposium, and a Training in Immigration conference on diversity at Consequences of Criminal Sacramento City College. Kevin has Convictions and also the Solano been quoted recently in the U.S. County Public Defender-Training in News & World Report, USA Immigration Consequences of Today, Los Angeles Daily Journal, Criminal Convictions. National Jurist, Sacramento Bee, and National Review. U.S. Senator COURTNEY JOSLIN authored a Barbara Boxer named Kevin and short article entitled "Further Associate Dean VIKRAM AMAR to Thoughts on Proposition 8 and the judicial advisory committee that Retroactivity: A Response to will make recommendations to the Choper," which has been published in

6 the Berkeley Journal of Politics School and the Conference of the and Policy. The second edition of Asian Pacific American Law Faculty Lesbian, Gay, Bisexual, and at UC Davis School of Law. This Transgender Family Law was paper will appear in the Wisconsin released mid-April. She is a co- Law Review later this year. Peter author of the book. Courtney joined published “Contracting to Preserve an amicus brief, filed by Family Law Open Science: Consideration-Based Professors from around the country, Regulation in Patent Law” in the in Maniaci v. Kulstad, which is Emory Law Journal as well as currently pending before the “Interface: The Push and Pull of Montana Supreme Court. She was Patents” in the Fordham Law instrumental in getting the ABA to Review. Peter also coached a approve a policy recommendation student team participating in the supporting legislation that would Giles S. Rich Intellectual Property permit a person to sponsor his or her Moot Court Competition. same-sex partner for permanent residence in the U.S.). Courtney was ALBERT LIN participated in the interviewed by KCRA, Capital Searle Center Research Roundtable Radio's Insight program, KOVR 13 on Environmental, Health, and Safety (CBS), and Vanguard Radio Risks of Emerging Technologies at (5/13/09). She participated in a Northwestern University School of panel at King Hall on the Proposition Law and was quoted in the Daily 8 oral arguments and gave a talk on Journal regarding Burlington marriage and Proposition 8 to the UC Northern, a recent Supreme Court Davis Alumni Board. decision regarding CERCLA liability for chemical manufacturers. In February, CARLTON LARSON spoke at UC Hastings College of Law SHANNON McCORMACK at the Hastings Law Journal‟s moderated panel at ABA Tax symposium, “The Second Section's May 2009 meeting in Amendment After Heller.” His paper, Washington D.C. The panel was “Four Exceptions in Search of a entitled: "Gimme Shelter": A Primer Theory: District of Columbia v. Heller on Complex Tax-Motivated and Judicial Ipse Dixit,” will be Transactions." Her article, “Tax published in the June issue of the Shelters and Statutory Hastings Law Journal. Interpretation: A Much Needed Purposive Approach” will be PETER LEE presented a paper published this month in Illinois Law entitled “Toward a Distributive Review. Commons in Patent Law” at the Intellectual Property Scholars JOHN OAKLEY published the 12th Roundtable at Drake University Law edition of his Foundation Press

7 casebook, “Federal Courts” and proposal for a mid-year meeting “American Civil Procedure: A Guide program. to Civil Adjudication in US Courts,” co-authored with Associate Dean went to Ireland VIKRAM AMAR. He spoke at a pursuant to the relationship with the conference on teaching civility to law University College of Dublin (UCD) students sponsored by the University where he met with students and of Pacific, McGeorge School of Law, delivered a lecture. He spoke at the and presented a paper to the Bay 80th anniversary of the League of Area Civil Procedure Forum at UC United Latin American Citizens in Berkeley, UC Davis, Hastings, and Orange County; Hamline University Stanford. He was elected to School of Law. He was the represent UC Davis in the Assembly Distinguished Visiting Professor for a of the system-wide Academic Senate week at John Marshall School of Law of UC, and was appointed by the where he met with students, lectured Academic Senate to represent it on in classes and delivered a major talk the Advisory Board of the University on “Latinos in a Changing America.” of California Retirement System. He spoke at Stanford on “Civil and Human Rights in the United States LISA PRUITT published “Latina/os, and the Obama Promises;” at the UC Locality and Law in the Rural South” Davis La Raza Culture Days on in the Harvard Latino Law Review “Chicano Culture as it is Changing and “The Forgotten Fifth: Rural America Culture“; Fullerton State Youth and Substance Abuse” in the College, the Orange County Hispanic Stanford Law and Policy Review. Bar, two local radio stations, lectured She was a keynote speaker for the at the Sacramento Presbyterian Montana Law Review‟s symposium Church. Cruz commented in the on Rural Law in April and the journal Daily Journal on a new bill before will be publishing her article. Lisa Congress that could end certain delivered two talks at Northern restrictions on federally funded legal Kentucky University and Salmon P. aid attorneys. Chase College of Law, “Rurality as Identity” as part of their spring DONNA SHESTOWSKY coached a speaker series and “Blogging as a team of students representing the Tool for Teaching Critical Thinking King Hall Negotiations Team at the and Writing” as part of their series national ABA Law Students about pedagogy. She was elected co- Negotiations Competition in Boston, chair of the Rural Studies Interest where the team placed second in the Group of the Rural Sociological country. In late February, she was an Society and will be serving on an ad invited speaker at Practicing Law hoc sub-committee of the Section on Institute‟s Advanced Licensing Women in Legal Education to draft a Agreements conference in San

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Francisco. In April, she was an Minister of Labor discussing the invited speaker at the ABA‟s annual progress in Taiwan of enacting ADR conference in New York City. parental leave laws. Marty has been serving as an advisor on the law review published by National Taipei DAN SIMMONS received the University. She continues to teach Charles P. Nash prize for his work as Gender and Law for the Women‟s an advocate for faculty. The Studies program. In April she University Assembly recently participated in a 2-hour “webinar” confirmed his nomination by the for the magazine Diverse Issues in Academic Council to serve in 2009- Higher Education focusing on 10 as the vice-chair of the University women faculty in higher education. of California Academic Senate and as faculty representative to the UC * * * * Board of Regents, he will become the Click chair of the Senate in 2010. http://www.law.ucdavis.edu/faculty/fac ulty-research.html to see the latest DENNIS VENTRY published an issue of the UC Davis School of Law, article in Tax Notes that the Legal Studies Research Series (Social Department of Justice Tax Division Research Network). forwarded to a federal appeals court * * * * as important authority for Copies of this newsletter are provided to consideration in its en banc rehearing the law school faculty and senior staff, of a seminal tax work product case. as well as Joe Martin (King Hall In addition, he presented papers at Counselor), and Claudia Morain the USD School of Law Tax Law (Campus News Service). A copy and Speaker Series, the Indiana previous issues are also posted at University School of Law Tax Policy http://www.law.ucdavis.edu/faculty/fac Colloquium, the annual meeting for ulty-research.html. For more King Hall the Law and Society Association, and news, please be sure to visit the Jr. Tax Scholars Workshop. http://www.law.ucdavis.edu/. Dennis also provided commentary to the press on various subjects, including tax tea parties, tax protests, the IRS whistleblower program, and privilege issues in the tax context.

MARTY WEST presented a paper at National Taipei University‟s international conference on Gender Equity. She met with Taiwan‟s

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