Berkeley Law Recent Faculty Scholarship 2019

RECENT FACULTY SCHOLARSHIP

2019

LETTER FROM DEAN ERWIN CHEMERINSKY

I hope that this booklet illustrates why this is such an exciting, wonderful time for Berkeley Law. Over the last three years, we have added 17 new faculty members, including nine who joined us this summer.

Four of these new colleagues are lateral hires from other law schools: Khiara M. Bridges from Boston University School of Law, Jonah Gelbach from University of Pennsylvania Law School, David Singh Grewal from Yale Law School, and Orin Kerr from University of Southern California Gould School of Law. Five of our new colleagues are beginning their law teaching careers at Berkeley: Abhay Aneja, Rebecca Goldstein, Jonathan Gould, Manisha Padi, and Rebecca Wexler. Each has superb credentials.

As reflected in these pages, they join a faculty that is enormously prolific. A study of faculty scholarly impact, released in August 2018 by University of St. Thomas Professor Gregory Sisk, ranked Berkeley Law seventh in the country. This faculty is strong in a wide array of fields and disciplines. Once more, U.S. News & World Report ranked Berkeley Law’s intellectual property program first in the country. Our environmental law program was ranked third nationally. Our clinical program was ranked seventh and our international law program was tenth. Scholarship by three of our business law faculty members was featured in the most recent Top 10 list of Corporate & Securities Law Articles. And the 2019 Quacquarelli Symonds World University Rankings of law schools, which bases its findings on academic reputation, employer reputation, research citations per paper, and scholarly impact, placed Berkeley Law fourth in the United States and eighth in the world.

Berkeley Law is a very special place. This is the most intellectually vibrant law school that I have ever seen, and no law school in the nation has a greater commitment to public service.

I am tremendously proud to be part of Berkeley Law and to lead it into this exciting new era. I hope you will enjoy this booklet, which provides just a glimpse of our extraordinary community.

Warm regards,

Erwin Chemerinsky RECENT FACULTY SCHOLARSHIP | 1

NEW FACULTY Berkeley Law Welcomes Stellar Group of New Faculty Members

BY ANDREW COHEN

Berkeley Law has hired an impressive roster of nine new faculty members. While they span a huge range of practice-area and doctrinal expertise, a unifying thread is their passion for teaching—and for their new home this year.

“It’s really exciting to have so many terrific new faculty members choosing Berkeley Law,” Dean Erwin Chemerinsky says.

Professor and former dean Christopher Edley, Jr. calls the number and stature of the appointments “a singular accomplishment in the recent history of American law schools. It’s a thrilling time to be teaching at Berkeley Law. Apparently, others know that, too.”

Khiara M. Bridges Khiara M. Bridges spent nine years as a professor at Boston University School of Law, where she was also the school’s associate dean for equity, justice, and engagement. The author of three books and numerous law review articles, she is a prolific scholar of race, class, and reproductive rights and justice.

Bridges graduated valedictorian from Spelman College— earning her degree in three years—before getting her law degree and a Ph.D. in Anthropology from Columbia. A classically trained ballet dancer, she sits on the board of the National Advocates for Pregnant Women and co-edits a reproductive justice book series published by UC Press.

“I’ve admired Berkeley Law’s faculty from afar since I joined the legal academy,” says Bridges, who will teach Family Law, Criminal Law, and a Reproductive Rights and Justice seminar. “I jumped at the chance to make these folks my colleagues.”

Jonah Gelbach Jonah Gelbach comes from a professorship at the University of Pennsylvania Law School, and has taught students in law, economics, business, and public policy programs at the J.D., Ph.D., M.B.A., and undergraduate levels.

2 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

A director of the American Law and Economics Association and co-editor of the Journal of Law, Economics, & Organization, Gelbach enrolled in law school at age 38 after 12 years as an economics professor. He has published in many top law and economic journals, with academic interests including civil procedure, evidence, statutory interpretation, and applied microeconomics.

“There are so many areas in which Berkeley Law excels … and the university-wide community of economists is among the very best in the world,” says Gelbach, who will teach Civil Procedure and Legislation next school year. “As an economist myself, I’m delighted to be able to be part of that community.

Plus, the weather and views are pretty good.”

David Singh Grewal David Singh Grewal was a professor at Yale Law School and held a crossappointment in the Yale political science department. A Bay Area native “delighted to be returning home,” his interests include legal and political theory, international trade law, intellectual property law, and law and economics.

Grewal has published articles in leading law journals and major newspapers, and will publish his second book next year.

The winner of three teaching excellence awards, he earned his undergraduate and Ph.D. degrees from Harvard and his J.D. from Yale.

“The decision to come to Berkeley was made all the easier thanks to Erwin Chemerinsky, an extraordinary lawyer, academic, and administrator,” Grewal says. “It’s wonderful to see the Berkeley Law faculty being renewed under Erwin’s leadership. The chance to be part of that was simply too good to pass up.”

Orin Kerr Orin Kerr, a renowned criminal procedure and computer crime law scholar, says Berkeley is “probably the best law school in the country for the study of law and technology.

Most of my research and teaching is about technology law, so it was a natural fit. I’m excited to learn from Berkeley’s outstanding faculty, and to meet its legendary students.”

Arriving from a professorship at the University of Southern California Gould School of Law, Kerr previously taught at George Washington Law School. More than 3,000 academic papers and 350 judicial opinions have cited his articles, including seven U.S. Supreme Court opinions. Chief Justice John Roberts

appointed him to serve on the Advisory Committee for the Federal Rules of Criminal Procedure in 2013, and on the Judicial Conference’s committee to review the Criminal Justice Act in 2015.

With degrees from Princeton, Stanford, and Harvard, Kerr clerked for Supreme Court Justice Anthony Kennedy. Before teaching Computer Crime Law in the spring, he will lead a fall seminar entitled Encryption Workarounds, exploring how the government tries to bypass encryption in criminal investigations.

“Imagine the government seizes a person’s cell phone, but it’s locked,” says Kerr, who has testified six times before Congressional committees. “The government has a warrant to search the phone, but they can’t get in because the device is encrypted. What can the government do to unlock the phone?…There are a lot of hard legal issues and tough technological questions raised by this problem, and we’ll delve into all of them.”

The law school has also hired five junior faculty members with stellar credentials:

Abhay Aneja Abhay Aneja completed his J.D. at Stanford and is finishing his Ph.D. at UC Berkeley’s Haas School of Business. He uses quantitative social science tools to study how political rights and criminal justice institutions shape inequality. A former Fulbright fellow who will join Berkeley Law in 2020, his research was presented at this year’s American Economics Association Annual Meeting.

Rebecca Goldstein Rebecca Goldstein recently received her Ph.D. from Harvard’s Department of Government. Her main research aims to understand the politics of criminal justice policy, and she has taken on projects relating to racial and ethnic politics, bureaucratic politics, and policy evaluation.

Goldstein’s work has appeared in the past or is forthcoming in the American Journal of Political Science, Urban Affairs Review, and the Yale Law Journal.

Jonathan Gould Jonathan Gould is completing his Ph.D. in Harvard’s Department of Government and graduated from Harvard Law School, where he was president of the Harvard Law Review.

He writes and teaches in public law, with a focus on the legislative process. Gould has worked as a law clerk on the Federal Court of Appeals, at the Department of Justice’s Civil Rights Division, and at the Public Citizen Litigation Group.

Manisha Padi Manisha Padi, a recent fellow and lecturer at the University of Chicago Law School, studies consumer financial contracts with a focus on household debt and retirement income. She has a J.D. from Yale Law School and a Ph.D. in economics from M.I.T. Padi’s work has been widely presented at law and economics conferences and has been cited by Bloomberg and by the Securities and Exchange Commission.

Rebecca Wexler Rebecca Wexler, who clerked for federal judges Pierre Leval (Second Circuit Court of Appeals) and Katherine Polk Failla (Southern District of New York), is a rising authority on digital evidence, information law, privacy, and criminal justice. She has degrees from Harvard, Cambridge, and Yale, where she won three law school best paper awards. Her work has appeared in The New York Times, The Los Angeles Times, Washington Monthly, Slate, and on National Public Radio.

“All of these new faculty members promise to be great teachers and great scholars. I am very grateful to Professor Bertrall Ross, who chaired our Faculty Appointments Committee, and to all of our faculty who worked so hard to recruit our new colleagues to Berkeley Law.” — DEAN CHEMERINSKY

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RECENTLY PUBLISHED Berkeley Law faculty and emeriti are prolific authors and editors.

Here is a sampling of their many recent books.

LETI VOLPP [CO-EDITOR WITH MARIANNE CONSTABLE AND BRYAN WAGNER]

Looking for Law in All the Wrong Places: Justice Beyond and Between BERKELEY FORUM IN THE HUMANITIES, 2019

This book brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.

CHRISTOPHER TOMLINS [CO-EDITOR WITH MARKUS DUBBER]

Oxford Handbook of Legal History OXFORD UNIVERSITY PRESS, 2018

Some of the most exciting and innovative legal scholarship over the past few decades has been driven by historical curiosity. This handbook offers a fascinating compendium of methodological studies from the field of legal history. It draws on scholarship from around the world, representing a variety of methodological approaches, areas of expertise, and research agendas.

SARAH SONG

Immigration and Democracy OXFORD UNIVERSITY PRESS, 2018

Some contend that borders should generally be open and people should be free to migrate in search of better lives. Others insist that governments have the right to unilaterally close their borders and should do so. Song develops an intermediate ethical position that takes seriously both the claims of receiving countries and the claims of prospective migrants.

HARRY N. SCHEIBER [CO-EDITOR WITH NILUFER ORAL AND MOON-SANG KWON]

Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead BRILL NIJHOFF, 2018

The book offers historical perspectives on the ocean law debates of the 1960s and after, leading to the signing of the United Nations Convention on the Law of the Sea in 1982, along with analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

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CATHERINE L. FISK [CO-AUTHOR WITH ANN SOUTHWORTH]

Legal Profession: Ethics in Contemporary Practice, 2nd Edition WEST ACADEMIC PUBLISHING, 2018

With clear and concise explanations of all basic concepts in the law of lawyering and all topics tested on the MPRE, this accessible book allows professors to satisfy the ABA professional responsibility requirement with a course that students find highly engaging and useful. Unlike most professional responsibility textbooks on the market, however, it links ethics issues to portraits of the practice contexts in which they typically arise for real lawyers, helping students appreciate their relevance in contemporary practice.

CATHERINE L. FISK [CO-AUTHOR WITH KENNETH DAU-SCHMIDT, MARTIN MALIN, ROBERTO CORRADA, AND CHRISTOPHER DAVID RUIZ CAMERON]

Labor Law in the Contemporary Workplace, 3rd Edition WEST ACADEMIC PUBLISHING, 2018

This book prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face.

Although the primary focus is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws, because of their growing importance in contemporary practice.

DAVID B. OPPENHEIMER [CO-AUTHOR WITH MOLLY LEIWANT AND SAM WHEELER]

Patt v. Donner: A Simulated Casefile for Learning Civil Procedure, 2nd Edition FOUNDATION PRESS, 2019

Litigators who are former students always tell us that now they see why civil procedure is so important.

Our challenge is to make the course accessible to our students while they are enrolled, not just after they start practicing. This case file helps students put the course in context by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last.

DANIEL A. FARBER [CO-AUTHOR WITH NEIL SIEGEL]

United States Constitutional Law FOUNDATION PRESS, 2019

The authors guide law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine—and its relationship to constitutional politics—in areas ranging from federalism and presidential power to equal protection and substantive due process.

The book provides a deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.

DANIEL A. FARBER [CO-AUTHOR WITH WILLIAM ESKRIDGE, PHILIP P. FRICKEY, AND JANE SCHACTER]

Cases and Materials on Constitutional Law: Themes for the Constitution’s Third Century, 6th Edition WEST ACADEMIC PUBLISHING, 2019

This new edition explores two exciting developments in Constitutional Law teaching: the judiciary’s dramatic engagement with social movements and key political debates, and academic and judicial deployment of original meaning as a central methodology. It presents in-depth examinations of what original meaning teaches us about the Fourteenth Amendment, the First and Second Amendments, the Commerce Clause and other authorizations for congressional regulation, as well as the separation of powers.

DANIEL A. FARBER [CO-AUTHOR WITH ANN CARLSON AND WILLIAM BOYD]

Environmental Law: Cases and Materials, 10th Edition WEST ACADEMIC PUBLISHING , 2019

This updated casebook provides a thorough understanding of major environmental regulatory schemes as well as insight into current policy controversies. It examines the dynamics involved in the creation and implementation of environmental law, focusing on interest group challenges, the role of agencies in implementing complex statutes, and the involvement of courts in determining how deferential to be to agency implementation. It covers the latest appellate and U.S. Supreme Court cases involving interstate air pollution, climate change, wetlands and takings, as well as major recent regulatory changes.

JONATHAN SIMON [CO-EDITOR WITH ROSANN GREENSPAN AND HADAR AVIRAM]

The Legal Process and the Promise of Justice: Studies Inspired by the Work of Malcolm Feeley CAMBRIDGE UNIVERSITY PRESS, 2019

In this collection of essays, an eminent group of law and society scholars asses the legacy of Professor Feeley’s theoretical innovations and provide historical and international perspectives for his insights. The book not only draws attention to Feeley’s seminal writings, but also to the theories and ideas of others who have explored how courts and the legal process work to provide a promise of justice.

FRANK PARTNOY [CO-AUTHOR WITH ALAN PALMITER AND ELIZABETH POLLMAN]

Business Organizations: A Contemporary Approach, 3rd Edition WEST ACADEMIC PUBLISHING, 2019

This book is an engaging and accessible text for a Business Associations or Corporations law course.

The clear narrative now includes full chapters on agency and partnership, as well as updated materials on environmental, social, and governance issues; and shareholder activism. The book uses explanatory and thought-provoking breakout boxes, as well as points for discussion, to prepare students for lively classroom conversation.

ERWIN CHEMERINSKY

We the People: A Progressive Reading of the Constitution for the Twenty-First Century PICADOR, 2018

A conservative U.S. Supreme Court will reshape the lives of all Americans for decades to come, from gun control to reproductive health. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. The Preamble—liberty and justice for all—can lead us forward in our fight to ensure democratic rule, effective government, justice, liberty, and equality.

ROBERT A. KAGAN

Adversarial Legalism: The American Way of Law, 2nd Edition HARVARD UNIVERSITY PRESS, 2019

In the first edition, Kagan explained why America relies more on legal threats and lawsuits than other advanced countries, with more prescriptive laws, costly adjudications, and severe penalties. This updated edition addresses the rise of the conservative legal movement and anti-statism in the Republican party, which underscore the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to challenge arbitrary or unlawful exercise of government authority.

IAN F. HANEY LÓPEZ

Merge Left: Fusing Race and Class, Winning Elections, and Saving America THE NEW PRESS, 2019

Merge Left offers an evidence-backed approach to defeating political appeals rooted in racism. Building on his previous book, Dog Whistle Politics, and drawing on a two-year research project, Haney López shows how to inoculate the public against manufactured racial divisions and to build support for class-conscious, cross-racial alliances.

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RECENTLY PUBLISHED PETER S. MENELL [CO-AUTHOR WITH MARK A. LEMLEY AND ROBERT P. MERGES]

Intellectual Property in the New Technological Age: Volume I–Perspectives, Trade Secrets, and Patents, and Volume II–Copyrights, Trademarks, and State IP Protections CLAUSE 8 PUBLISHING, 2019

Intellectual Property in the New Technological Age provides an in-depth survey of the rapidly evolving field of intellectual property law. Volume I covers philosophical perspectives, trade secret law, and patent law. Volume II covers copyright law, trademark law, and state intellectual property law protections.

PETER S. MENELL [CO-AUTHOR WITH MARK A. LEMLEY AND ROBERT P. MERGES]

Intellectual Property Statutes CLAUSE 8 PUBLISHING, 2019

IP Statutes: 2019 provides the principal U.S. intellectual property statutes and treaties.

The volume is organized to provide easy navigation with tables and headers. It is a useful resource to be used in conjunction with intellectual property casebooks. It is also a useful resource for IP practitioners.

PETER S. MENELL [VOLUME I, CO-EDITOR WITH BEN DEPOORTER] [VOLUME II, CO-EDITOR WITH DAVID L. SCHWARTZ]

Research Handbook on the Economics of Intellectual Property Law: Volume I Theory and Volume II Analytical Methods EDWARD ELGAR PUBLISHING, FORTHCOMING 2019

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.

CALVIN MORRILL [CO-AUTHOR WITH MICHAEL MUSHENO]

Navigating Conflict: How Youth Handle Trouble in a High-Poverty School UNIVERSITY OF CHICAGO PRESS, 2018

This book challenges the violence-centered conventional wisdom of urban youth studies, revealing instead the social ingenuity with which teens informally and peacefully navigate strife-ridden peer trouble. Taking as their focus a multi-ethnic, high-poverty school in the American southwest, the authors complicate our vision of urban youth, along the way revealing the resilience of students in the face of carceral disciplinary tactics.

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LAURENT MAYALI [CO-EDITOR WITH EMANUELE CONTE]

A Cultural History of Law in the Middle Ages, The Cultural History Series, Volume II BLOOMSBURY ACADEMIC, 2019

How have legal ideas and institutions affected Western culture? And how has the law itself been shaped by its cultural context? In a work spanning 4,500 years, these questions are addressed by 57 experts, each contributing an authoritative study of a theme applied to a period in history. Supported by case material and illustrations, the volumes examine trends and nuances of legal culture in Western societies from antiquity to the present.

SETH DAVIS [CO-EXECUTIVE EDITOR WITH ROBERT T. ANDERSON, BETHANY R. BERGER, KRISTEN A. CARPENTER, SARAH KRAKOFF, ANGELA R. RILEY, JUDITH V. ROYSTER, JOSEPH WILLIAM SINGER, AND KEVIN W. WASHBURN]

Cohen’s Handbook of Federal Indian Law 2019 Supplement LEXISNEXIS, 2019

This encyclopedic treatise is an updated and revised edition of what has been referred to as the “bible” of federal Indian law. This publication focuses on the relationship between tribes, the states, and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.

KHIARA M. BRIDGES

Critical Race Theory: A Primer FOUNDATION PRESS, 2019

This highly readable primer on Critical Race Theory examines the theory’s basic commitments, strengths, and weaknesses. In addition to serving as a primary text for graduate and undergraduate Critical Race Theory seminars or courses on Race and the Law, it can also be assigned in courses on Antidiscrimination Law, Civil Rights, and Law and Society. The book can be used by any reader seeking to understand the relationship between constructions of race and the law.

ORIN KERR [CO-AUTHOR WITH YALE KAMISAR, WAYNE R. LAFAVE, JEROLD H. ISRAEL, NANCY J. KING, AND EVE BRENSIKE PRIMUS]

Modern Criminal Procedure, 15th Edition WEST ACADEMIC PUBLISHING, 2019

The 15th Edition continues to include all the material required to master the essential issues that arise in both state and federal criminal cases. The book’s comprehensive coverage of constitutional, statutory, and ethical rules regulating the criminal process has made it one of the few textbooks that students over the years have opted to keep as a reference for their work as prosecutors, defense attorneys, and judicial clerks.

ORIN KERR

DANIEL RUBINFELD [CO-AUTHOR WITH ROBERT PINDYCK]

WEST ACADEMIC PUBLISHING, 2018

PEARSON, 2018

The fourth edition of Kerr’s popular computer crime law text includes many updates since the third edition in 2012. New cases and materials address topics such as encryption, computer hacking laws, Internet surveillance, the Cybersecurity Act of 2015, hacking back, drafting computer warrants, the All Writs Act, the law of accessing foreign-stored e-mail, and the international application of the Fourth Amendment.

Microeconomics exposes students to topics that play a central role in the field. From game theory and competitive strategy to the roles of uncertainty and information, and the analysis of pricing by firms with market power, the text helps students understand what’s going on in the world of business. It also illustrates how microeconomics can be used as a practical tool for decision-making and for designing and understanding public policy.

Computer Crime Law, 4th Edition

FRANKLIN E. ZIMRING

American Juvenile Justice OXFORD UNIVERSITY PRESS, 2018

American Juvenile Justice is a definitive volume on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption.

ROBERT P. MERGES [CO-AUTHOR WITH SEAGULL (HAIYAN) SONG]

Transnational Intellectual Property Law EDWARD ELGAR PUBLISHING, 2018

This book introduces contemporary intellectual property as it is practiced in today’s global context.

Focusing on three major IP regimes—the United States, Europe, and China—the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.l

PAUL M. SCHWARTZ [CO-AUTHOR WITH DANIEL J. SOLOVE]

Information Privacy Law, 6th Edition WOLTERS KLUWER, 2018

This text offers a clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology and information privacy. Extensive background information and authorial guidance offer clear and concise introductions to various areas of law.

Microeconomics, 9th Edition

MELVIN A. EISENBERG

Foundational Principles of Contract Law OXFORD UNIVERSITY PRESS, 2018

Foundational Principles of Contract Law not only sets out the principles and rules of contract law, but it also places more emphasis on what the principles and rules should be based on policy, morality, and experience.

A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject.

MELVIN A. EISENBERG [CO-AUTHOR WITH JAMES D. COX]

Business Organizations: Cases and Materials, 12th Edition FOUNDATION PRESS, 2018

The edition offers detailed information on corporate law and covers new principal cases, text, and explanatory materials designed to illustrate the development of corporate law. The authors reviewed all the principal cases and, where appropriate, re-edited them to tighten the writing while preserving a full-bodied presentation of the facts and discussion.

MELVIN A. EISENBERG [CO-AUTHOR WITH LON L. FULLER AND MARK P. GERGEN]

Basic Contract Law, 10th Edition WEST ACADEMIC PUBLISHING, 2018

This edition is a streamlined version for a four-unit course. It continues the approach of earlier editions in emphasizing full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. It includes new principal cases and new materials on consideration, duress, remedies, interpretation, indefiniteness, the statute of frauds, electronic contracting, “browse wrap agreements,” and unilateral mistake.

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FACULTY SCHOLARSHIP KATHRYN ABRAMS

Herma Hill Kay Distinguished Professor of Law B.A., Harvard University (1980) J.D., Yale University (1984)

Kathryn Abrams, A Vigil at the End of the World, in Looking for Law in All the Wrong Places: Justice Beyond and Between (Marianne Constable, Leti Volpp, and Bryan Wagner, eds., 2019).

Kathryn Abrams, When the State Hates, in Hate, Politics, Law (2018).

Kathryn Abrams, Emotional Transitions in Social Movements: The Case of Immigrant Rights Activism in Arizona, in The Emotional Dynamics of Law and Legal Discourse (2016).

CATHERINE ALBISTON

Jackson H. Ralston Professor of Law Faculty Director, Center for the Study of Law and Society B.A., Stanford University (1987) M.A., Stanford University (1989) J.D., UC Berkeley School of Law (1993) Ph.D., UC Berkeley (2001)

Catherine Albiston and Tristin Green, Social Closure Discrimination, 39 Berkeley J. Emp. & Lab. L. 1 (2018).

Catherine Albiston, Democracy, Civil Society, and Public Interest Law, 2018 Wis. L. Rev. 187 (2018).

Catherine Albiston, Laura Beth Nielsen, and Su Li, Public Interest Law Organizations and the Two-Tier System of Access to Justice in the United States, 42 Law & Soc. Inquiry 990 (2017).

TY ALPER

Clinical Professor of Law B.A., Brown University (1995) J.D., New York University School of Law (1998) LL.M., Georgetown University (2004)

Ty Alper, We Must Protect Attorney-Client Confidences, Slate.com (April 18, 2018).

Ty Alper, Confidentiality in the Age of Social Media, GPSolo (March/April 2017).

Ty Alper, The United States Execution Drug Shortage: A Consequence of Our Values, XXI Brown J. World Aff. 27 (Fall/Winter 2014).

ROXANNA ALTHOLZ Clinical Professor of Law

B.A., Brown University (1995) J.D., UC Berkeley School of Law (1999)

Roxanna Altholz et al., Dam Violence: The Plan that Killed Berta Cáceres (2017).

Roxanna Altholz, Elusive Justice: Legal Redress for Killings by U.S. Border Agents, 27 Berkeley La Raza L.J. 1(2017).

Roxanna Altholz, Accountability & International Financial Institutions: Community Perspectives on the World Bank’s Office of the Compliance Advisor Ombudsman (2017).

8 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

ABHAY ANEJA

Assistant Professor of Law B.S., Wake Forest University (2006) J.D., Stanford Law School (2018) Ph.D., UC Berkeley (2019)

Abhay Aneja and Carlos Avenancio-Leon, Disenfranchisement and Economic Inequality: Downstream Effects of Shelby County v. Holder, 109 AEA Papers and Proceedings 161 (2019).

Abhay Aneja, John J. Donohue, and Kyle D. Weber, Right-to-Carry Laws and Violent Crime: A Comprehensive Assessment Using Panel Data and a State-Level Synthetic Control Analysis, 16 J. Empir. Leg. Stud. 198 (2019).

Abhay Aneja, John J. Donohue, and Kyle D. Weber, RTC Laws Increase Violent Crime: Moody and Marvell Have Missed the Target, 16 Econ. J. Watch 97 (2019).

ABBYE ATKINSON

Assistant Professor of Law B.A., UC Berkekey (1997) J.D., Harvard Law School (2009)

Abbye Atkinson, Rethinking Credit as Social Provision, 71 Stan. L. Rev. 1093 (2019).

Abbye Atkinson, Consumer Bankruptcy, Nondischargeability, and Penal Debt, 70 Vand. L. Rev. 917 (2017).

ALAN AUERBACH

Robert D. Burch Professor of Law in Tax Policy and Public Finance | Professor of Economics B.A., Yale University (1974) Ph.D., Harvard University (1978)

Alan Auerbach and Kent Smetters, eds., The Economics of Tax Policy (2017).

Alan Auerbach and Yuriy Gorodnichenko, Fiscal Stimulus and Fiscal Sustainability, in Fostering a Dynamic Global Economy (2017).

Alan Auerbach, Demystifying the Destination-Based Cash-Flow Tax, Brookings Papers on Economic Activity (2017).

KENNETH AYOTTE

Robert L. Bridges Professor of Law B.A., University of Virginia (1997) Ph.D., Princeton University (2002)

Kenneth Ayotte and Edward R. Morrison, Valuation Disputes in Corporate Bankruptcy, 166 U. Pa. L. Rev. 1819 (2018).

Kenneth Ayotte, Anthony J. Casey, and David A. Skeel, Bankruptcy on the Side, 112 Nw. U. L. Rev. 255 (2017).

Kenneth Ayotte, Subsidiary Legal Entities and Innovation, 6 Rev. Corp. Fin. Stud. 39 (2017).

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FACULTY SCHOLARSHIP ADAM B. BADAWI Professor of Law B.A., UC Berkeley (1996) J.D., UC Berkeley School of Law (2003) Ph.D., UC Berkeley (2004)

Adam B. Badawi, Debt Contract Terms and Creditor Control, J. L. Fin. & Acct. (forthcoming, 2019).

Adam B. Badawi and Elisabeth de Fontenay, Is There a First-Drafter Advantage in M & A Agreements?, Cal. L. Rev. (forthcoming, 2019).

Adam B. Badawi and Giuseppe Dari-Mattiacci, Reference Networks and Civil Codes, in Law as Data: Computation, Text, and the Future of Legal Analysis (Michael Livermore and Daniel Rockmore, eds., 2019).

KENNETH A. BAMBERGER

The Rosalinde and Arthur Gilbert Foundation Professor of Law B.A., Harvard University (1990) Henry Fellow, Cambridge University (1991) J.D., Harvard Law School (1998)

Kenneth A. Bamberger et al, Can You Pay for Privacy? Consumer Expectations and Mobile App Behavior, Berkeley Tech. L. J. (forthcoming, 2020).

Kenneth A. Bamberger and Deirdre K. Mulligan, Procurement as Policy: Administrative Process for Machine Learning, Berkeley Tech. L. J. (forthcoming, 2019).

Kenneth A. Bamberger et al., Do You Get What You Pay For? Comparing The Privacy Behaviors of Free vs. Paid Apps, The Workshop on Technology and Consumer Protection (ConPro ’19) (2019).

ROBERT BARTLETT

I. Michael Heyman Professor of Law B.A., Harvard University (1996) J.D., Harvard Law School (2000)

Robert Bartlett and Justin McCrary, How Rigged Are Stock Markets? Evidence From Microsecond Timestamps, J. Fin. Mkt. (forthcoming, 2019).

Robert Bartlett and Frank Partnoy, The Misuse of Tobin’s Q, Vand. L. Rev. (forthcoming).

Robert Bartlett, William Carney, and George Geis, Corporate Finance: Principles and Practice, 4th ed. (forthcoming).

ROBERT BERRING

Walter Perry Johnson Professor, Emeritus B.A., Harvard University (1971) J.D., UC Berkeley School of Law (1974) M.L.S., UC Berkeley (1974)

Robert C. Berring and Michael Levy, The Legal Research Survival Manual (2017).

Robert C. Berring, Seattle, Berkeley, and the Fighting Librarians, 35 Legal Ref. Serv. Q. 1 (2016).

Robert C. Berring, The Home Stretch to the Next Deanship: Part V of the Education of a Law Librarian, 35 Legal Ref. Serv. Q. 215 (2016).

10 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

ERIC BIBER

Edward C. Halbach Jr. Professor of Trust and Estate Law A.B, Harvard College (1995) J.D., Yale Law School (2001) M.S., Yale School of Forestry & Environmental Studies (2001)

Eric Biber, Law in the Anthropocene Epoch, 106 Geo. L.J. 1 (2017).

Eric Biber et al., Regulating Business Innovation As Policy Disruption: From the Model T to Airbnb, 70 Vand. L. Rev. 1561 (2017).

Eric Biber, Nina Kelsey, and Jonas Meckling, The Political Economy of Decarbonization: A Research Agenda, 82 Brook. L. Rev. 605 (2017).

ANDREW BRADT Professor of Law

B.A., Harvard College (2002) J.D., Harvard Law School (2005)

Andrew D. Bradt and Zachary D. Clopton, Party Preferences in Multidistrict Litigation, Cal. L. Rev. (forthcoming).

Andrew D. Bradt and D. Theodore Rave, Why it’s Good to Have the “Haves” on Your Side: A Defense of Repeat Players in Multidistrict Litigation, Geo. L.J. (forthcoming).

Andrew D. Bradt, The Long Arm of Multidistrict Litigation, 59 Wm. & Mary L. Rev. 1165 (2018).

KHIARA M. BRIDGES Professor of Law

B.A., Spelman College (1999) J.D., Columbia Law School (2002) Ph.D., Columbia University (2008)

Khiara M. Bridges, Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy, Harv. L. Rev. (forthcoming).

Khiara M. Bridges, White Privilege and White Disadvantage, 105 Va. L. Rev. 449 (2019).

Khiara M. Bridges, Excavating Race-Based Disadvantage Among Class-Privileged People of Color, 53 Harv. C.R.-C.L. L. Rev. 65 (2018).

RICHARD M. BUXBAUM

Jackson H. Ralston Professor of International Law (Emeritus) A.B., Cornell University (1950) LL.B., Cornell University (1952) LL.M., UC Berkeley School of Law (1953)

Richard M. Buxbaum, From TGS Conservatorships to Sarbanes-Oxley Fair Funds, 71 SMU L. Rev. 653 (2018).

Richard M. Buxbaum, Could U.S. Corporations Readily Comply with the German Corporate Governance Code?, in I Festschrift für Theodor Baums 141 (2017).

Richard M. Buxbaum, Sovereign Debtors Before Greece: The Case of Germany, 65 U. Kan. L. Rev. 59 (2016).

RECENT FACULTY SCHOLARSHIP | 11

FACULTY SCHOLARSHIP ERWIN CHEMERINSKY

Dean | Jesse H. Choper Distinguished Professor of Law B.S., Northwestern University (1975) J.D., Harvard Law School (1978)

Erwin Chemerinsky and Michele Goodwin, Constitutional Gerrymandering Against Abortion Rights: NIFLA v. Becerra, 94 N.Y.U. L. Rev. 61 (2019).

Erwin Chemerinsky, Constitutional Law: Principles and Policies, 6th ed. (2019).

Erwin Chemerinsky, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (2018).

JESSE H. CHOPER

Earl Warren Professor of Public Law (Emeritus) B.S., Wilkes University (1957) LL.B., University of Pennsylvania (1960) D.Hu. Litt., Wilkes University (1967)

Jesse H. Choper and Stephen F. Ross, The Political Process, Equal Protection and Substantive Due Process, 20 U. Pa. J. Const. L. 983 ( 2018).

Jesse H. Choper et al., Leading Cases in Constitutional Law (2017).

Jesse H. Choper et al., Supplement to Constitutional Law: Cases, Comments and Questions, 12th ed. (2018).

ROBERT COOTER

Herman F. Selvin Professor of Law B.A., Swarthmore College (1967) M.A., Oxford University (1969) Ph.D., Harvard University (1975)

Robert Cooter, Community Versus Market Values of Life, 57 Wm. & Mary L. Rev. 713 (2016).

Robert Cooter, Disgorgement Damages for Accidents, 44 J. Legal Stud. 249 (2015).

CATHERINE CRUMP

Assistant Clinical Professor of Law B.A., Stanford University (2000) J.D., Stanford Law School (2004)

Catherine Crump, Tracking the Trackers: An Examination of Electronic Monitoring of Youth in Practice, 53 UC Davis L. Rev. (forthcoming, 2019) Catherine Crump, Electronic Monitoring of Youth in the California Juvenile Justice System (Samuelson Law Technology & Public Policy Clinic and East Bay Community Law Center, co-authored report) (2017).

Catherine Crump, Surveillance Policy Making by Procurement, 90 Wash. L. Rev. 1595 (2016).

12 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

MEIR DAN-COHEN

Milo Reese Robbins Professor of Law LL.B., Hebrew University (1974) LL.M., Yale Law School (1976) J.S.D., Yale Law School (1981)

Meir Dan-Cohen, On the (Im)morality of the Death Penalty, 23 Berkeley J. Crim. L. 194 (2018).

Meir Dan-Cohen, Rights, Persons, and Organizations: A Legal Theory for Bureaucratic Society, 2nd ed. (2016).

Meir Dan-Cohen, Normative Subjects: Self and Collectivity in Morality and Law (2016).

SETH DAVIS

Professor of Law B.A., Davidson College [2002] MSc, The London School of Economics and Political Science [2003] J.D., Columbia University [2008]

Seth Davis, The New Public Standing, 71 Stan. L. Rev. 1229 (2019).

Seth Davis, The Private Rights of Public Governments, 94 Notre Dame L. Rev. 2089 (2019).

Seth Davis, The Constitution of Our Tribal Republic, 65 UCLA L. Rev. 1460 (2018).

HOLLY DOREMUS

James H. House and Hiram H. Hurd Professor of Environmental Regulation B.S., Trinity College (1981) Ph.D., Cornell University (1986) J.D., UC Berkeley School of Law (1991)

Holly Doremus and Melinda Taylor, Habitat Conservation Plans and Climate Change: Recommendations for Policy, 45 Envtl. L. Rep. 10863 (2015).

Holly Doremus, In Honor of Joe Sax: A Grateful Appreciation, 39 Vt. L. Rev. 799 (2015).

LAUREN EDELMAN

Agnes Roddy Robb Professor of Law and Professor of Sociology B.A., University of Wisconsin (1977) M.A., Stanford University (1980) J.D., UC Berkeley School of Law (1986) Ph.D., Stanford University (1986)

Brent K. Nakamura and Lauren B. Edelman, Bakke at 40: How Diversity Matters in the Employment Context, 52 UC Davis L. Rev. 2627 (2019).

Lauren B. Edelman, How HR and Judges Made it Almost Impossible for Victims of Sexual Harassment to Win in Court, Harv. Bus. Rev. (August 22, 2018).

Lauren B. Edelman, Working Law: Courts, Corporations, and Symbolic Civil Rights (2016).

RECENT FACULTY SCHOLARSHIP | 13

FACULTY SCHOLARSHIP CHRISTOPHER EDLEY, JR.

Honorable William H. Orrick, Jr. Distinguished Professor of Legal Ethics and the Legal Profession B.A., Swarthmore College (1973) M.P.P., Harvard Kennedy School (1978) J.D., Harvard Law School (1978)

Christopher Edley, Jr., The National Commission on Education Excellence and Equity: Hypotheses about Movement Building, 26 New England J. Pub. Pol’y. 1 (2014).

Christopher Edley, Jr., Fiat Flux: Evolving Purposes and Ideals of the Great American Public Law School, 100 Cal. L. Rev. 313 (2012).

AARON EDLIN

Richard W. Jennings Professor of Law | Professor of Economics A.B., Princeton University (1988) J.D., Stanford Law School (1993) Ph.D., Stanford University (1993)

Aaron Edlin et al., Hunting Unicorns? Experimental Evidence on Exclusionary Pricing Policies, J. L. Econ. (forthcoming).

Aaron Edlin, Predatory Pricing: Limiting Brooke Group to Monopolies and Sound Implementation of Price-Cost Comparisons, 127 Yale L.J. F. 996 (2018).

Aaron Edlin, Conservatism and Switcher’s Curse, 19 Am. L. & Econ. Rev. 49 (2017).

MELVIN EISENBERG

Jesse H. Choper Professor of Law (Emeritus) A.B., Columbia University (1956) LL.B., Harvard Law School (1959)

Melvin A. Eisenberg and James D. Cox, Business Organizations: Cases and Materials, 12th ed. (2019).

Melvin A. Eisenberg, Foundational Principles of Contract Law (2018).

Melvin A. Eisenberg, Lon L. Fuller, and Mark P. Gergen, Basic Contract Law, 10th ed. (2018).

DANIEL A. FARBER

Sho Sato Professor of Law B.A., University of Illinois (1971) M.A., University of Illinois (1972) J.D., University of Illinois College of Law (1975)

Daniel Farber and Neil Siegel, United States Constitutional Law (2019).

Daniel Farber, Murr v. Wisconsin and the Future of Takings Law, 2017 Sup. Ct. Rev. 115 (2018).

Daniel Farber and Anne Joseph O’Connell, Agencies as Adversaries, 105 Cal. L. Rev. 1375 (2017).

14 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

SEAN FARHANG

Elizabeth Josselyn Boalt Professor of Law B.A., UC Berkeley (1990) J.D., New York University School of Law (1993) Ph.D., Columbia University (2006)

Sean Farhang, Legislating for Litigation in the Age of Statute, 106 Cal. L. Rev. 1529 (2018).

Sean Farhang and Stephen Burbank, Rights and Retrenchment: The Counterrevolution Against Federal Litigation (2017).

Sean Farhang and Miranda Yaver, Divided Government and the Fragmentation of American Law, 60 Am. J. Pol. Sci. 401 (2016).

MALCOLM FEELEY

Claire Sanders Clements Dean’s Professor of Law (Emeritus) B.A., Austin College (1964) M.A., University of Minnesota (1966) Ph.D., University of Minnesota (1969)

Malcolm M. Feeley, Private Alternatives to Criminal Courts: The Future is all Around Us, 119 Colum. L. Rev. F. 38 (2019).

Malcolm M. Feeley, Opening Keynote Address: How to Think about Criminal Court Reform, 98 B.U. L. Rev. 673 (2018).

Malcolm M. Feeley and Aniket Kesari, Federalism as Compared to What?: Sorting out the Effects of Federalism, Unitary Systems, and Decentralization, Jus Politicum, No. 17 (2017).

CATHERINE FISK

Barbara Nachtrieb Armstrong Professor of Law A.B., Princeton University (1983) J.D., UC Berkeley School of Law (1986) LL.M., University of Wisconsin (1995)

Catherine L. Fisk and Erwin Chemerinsky, Exaggerating the Effects of Janus: A Reply to Professors Baude and Volokh, 132 Harv. L. Rev. F. 42 (2018).

Catherine L. Fisk, A Progressive Labor Vision of the First Amendment: Past as Prologue, 118 Colum. L. Rev. 2057(2018).

Catherine L. Fisk, Law & Society in Historical Legal Research , in The Oxford Handbook of Legal History (Markus D. Dubber and Christopher Tomlins, eds., 2018).

RECENT FACULTY SCHOLARSHIP | 15

FACULTY SCHOLARSHIP LAUREL E. FLETCHER Clinical Professor of Law

B.A., Brandeis University (1986) J.D., Harvard Law School (1990)

Laurel E. Fletcher and Harvey M. Weinstein, How Power Dynamics Influence the “North-South” Gap in Transitional Justice, 36 Berkeley J. Int’l L. 190 (2018).

Laurel E. Fletcher and Harvey M. Weinstein, Transitional Justice and the “Plight” of Victimhood, in Research Handbook on Transitional Justice (2017).

Laurel E. Fletcher, A Wolf in Sheep’s Clothing? Transitional Justice and the Effacement of State Accountability for International Crimes, 39 Fordham Int’l L.J. 447 (2016).

STAVROS GADINIS Professor of Law

LL.M., University of Cambridge (2000) LL.M., Harvard Law School (2005) S.J.D., Harvard Law School (2010)

Stavros Gadinis and Amelia Miazad, The Hidden Power of Compliance, 103 Minn. L. Rev. 2135 (2019).

Stavros Gadinis, International Compliance Regimes, in The Corporate Contract in Changing Times: Is the Law Keeping Up? (Randall Stuart Thomas and Steven Davidoff Solomon, eds., 2019).

Stavros Gadinis, Anu Bradford, and Katerina Linos, Unintended Agency Problems: How International Bureaucracies are Built and Empowered, 57 Va. J. Int’l Law 159 (2018).

JONAH GELBACH Professor of Law

B.A., University of Massachusetts at Amherst (1993) J.D., Yale Law School (2013) Ph.D., Massachusetts Institute of Technology (1998)

Jonah Gelbach, Estimation Evidence, U. Pa.. L. Rev. (forthcoming).

Jonah Gelbach, Jill Fisch, and Jon Klick, The Logic and Limits of Event Studies in Securities Fraud Litigation, 96 Tex. L. Rev. 553 (2018).

Jonah Gelbach, The Reduced Form of Litigation Models and the Plaintiff’s Win Rate, 61 J.L. & Econ. 125 (2018).

MARK P. GERGEN

Robert and Joann Burch Distinguished Professor of Tax Law and Policy Associate Dean, Faculty Development and Research B.A., Yale University (1979) J.D., University of Chicago Law School (1982)

Mark P. Gergen and Pamela Samuelson, The Disgorgement Remedy of Design Patent Law, Cal. L. Rev. (forthcoming, 2020).

Mark P. Gergen, A Wrong Turn in the Law of Deceit, 106 Geo. L.J. 555 (2018).

Mark P. Gergen, How to Tax Capital, 70 Tax L. Rev. 1 (2016).

16 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

REBECCA GOLDSTEIN Assistant Professor of Law

B.A., Harvard College (2013) Ph.D., Harvard Graduate School of Arts and Sciences (2019)

Rebecca Goldstein, Democracy and Decarceration, Yale L.J. (forthcoming, 2019).

Rebecca Goldstein, Michael W. Sances, and Hye Young You, Exploitative Revenues, Law Enforcement, and the Quality of Government Service, Urb. Aff. Rev. (2018).

Rebecca Goldstein and Hye Young You, Cities as Lobbyists, 61 Am. J. Pol. Sci. 864 (2017).

JONATHAN GOULD

Assistant Professor of Law A.B., Harvard College (2010) A.M., Harvard University (2014) J.D., Harvard Law School (2016)

Jonathan Gould, Law within Congress, Yale L.J. (forthcoming, 2020).

DAVID SINGH GREWAL Professor of Law

A.B., Harvard College (1998) J.D., Yale Law School (2002) Ph.D., Harvard University (2010)

David Singh Grewal, Three Theses on the Current Crisis of International Liberalism, 25 Ind. J. Global Legal Stud. 595 (2018).

David Singh Grewal and Jedediah Purdy, The Original Theory of Constitutionalism, 127 Yale L.J. 664 (2017).

David Singh Grewal, Before Peer Production: Infrastructure Gaps and the Architecture of Openness in Synthetic Biology, 20 Stan. Tech. L. Rev. 143 (2017).

IAN HANEY Lร PEZ

Earl Warren Professor of Public Law Director, Racial Politics Project, Haas Institute for a Fair and Inclusive Society Senior Fellow, Demos B.A., Washington University (1986) M.A., Washington University (1986) M.P.A, Princeton University (1990) J.D., Harvard Law School (1991)

Ian Haney Lรณpez, Merge Left: Fusing Race and Class, Winning Elections, and Saving America (forthcoming, 2019).

Ian Haney Lรณpez, Race and Economic Jeopardy for All: A Framing Paper for Defeating Dog Whistle Politics, AFL-CIO (2016).

Ian Haney Lรณpez, Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class (2014).

RECENT FACULTY SCHOLARSHIP | 17

FACULTY SCHOLARSHIP KINCH HOEKSTRA

Chancellor’s Professor of Law | Associate Professor of Political Science B.A., Brown University (1987) D.Phil., Oxford University (1998)

Kinch Hoekstra and Quentin Skinner, The Liberties of the Ancients, 44 J. Hist. Eur. Ideas 812 (2018).

Kinch Hoekstra and A. P. Martinich, eds., The Oxford Handbook of Hobbes (2016).

Kinch Hoekstra, Athenian Democracy and Popular Tyranny, in Popular Sovereignty in Historical Perspective (2016).

CHRIS JAY HOOFNAGLE

Adjunct Professor of Law Faculty Director, Berkeley Center for Law & Technology B.A., University of Georgia (1996) J.D., University of Georgia School of Law (2000)

Chris Jay Hoofnagle, Aniket Kesari, and Aaron Perzanowski, The Tethered Economy, Geo. Wash. L. Rev. (forthcoming, 2019).

Chris Jay Hoofnagle, Bart van der Sloot, and Frederik Zuiderveen Borgesius, The European Union General Data Protection Regulation: What It Is And What It Means, 28 J. Info. & Comm.

Tech. L. 65 (2019).

Chris Jay Hoofnagle and Aaron Perzanowski, What We Buy When We “Buy Now,” 165 U. Pa. L. Rev. 315 (2017).

ROBERT KAGAN

Emanuel S. Heller Professor of Law | Emeritus, Professor of Political Science | Emeritus, Professor in the Graduate School A.B., Harvard University (1959) LL.B., Columbia Law School (1962) Ph.D., Yale University (1974)

Robert A. Kagan, Adversarial Legalism and American Government: The American Way of Law, 2nd ed. (2019).

Robert A. Kagan, Diana Kapiszewski, and Gordon Silverstein, New Judicial Roles in Governance, in Comparative Judicial Review (Erin F. Delaney and Rosalind Dixon, eds., 2018).

Robert A. Kagan, Varieties of Bureaucratic Justice: Building on Mashaw’s Typology, in Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw (2017).

SONIA KATYAL

Haas Distinguished Professor of Law Co-Director, Berkeley Center for Law & Technology A.B., Brown University (1993) J.D., University of Chicago Law School (1998)

Sonia Katyal, The Paradox of Source Code Secrecy, Cornell L. Rev. (forthcoming, 2019).

Sonia Katyal and Ilona M. Turner, Transparenthood, 117 Mich L. Rev. 1503 (2019).

Sonia Katyal, Private Accountability in the Age of Artificial Intelligence, 66 UCLA L. Rev. 54 (2018).

18 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

ORIN KERR

Professor of Law B.S.E., Princeton University (1993) M.S., Stanford University (1994) J.D., Harvard Law School (1997)

Orin Kerr, Compelled Decryption and the Privilege Against Self-Incrimination, 97 Tex. L. Rev. 767 (2019).

Orin Kerr, Cross-Enforcement of the Fourth Amendment, 132 Harv. L. Rev. 473 (2018).

Orin Kerr and Bruce Schneier, Encryption Workarounds, 106 Geo. L.J. 989 (2018).

PRASAD KRISHNAMURTHY Professor of Law

B.A./M.A., University of Chicago (1999) J.D., Yale Law School (2004) M.A., Ph.D., UC Berkeley (2011)

Prasad Krishnamurthy, George Stigler on His Head: The Consequences of Restrictions on Competition in (Bank) Regulation, 35 Yale J. on Reg. 824 (2018).

Prasad Krishnamurthy and Aaron Edlin, Affirmative Action and Rational Discrimination in Higher Education Admissions (2018).

Prasad Krishnamurthy, Vikram Pathania, and Sharad Tandon, Food Price Subsidies and Nutrition: Evidence from State Reforms to India’s Public Distribution System, 66 Econ. Dev. & Cultural Change 55 (2017).

CHRISTOPHER KUTZ

C. William Maxeiner Distinguished Professor of International Law B.A., Yale University (1989) Ph.D., UC Berkeley (1996) J.D., Yale Law School (1997)

Christopher Kutz, Collective Resource Control and the Power of Complicity , in Beyond Blood Oil: Philosophy, Policy, and the Future (Leif Wenar et al., eds., 2018).

Christopher Kutz, Democratic Values and the Limits of War, in The Routledge Handbook of Ethics and Public Policy (Andrei Poama and Annabelle Lever, eds., 2018).

Christopher Kutz, On War and Democracy (2016).

TAEKU LEE

George R. Johnson Professor of Law | Professor of Political Science Associate Dean, Jurisprudence and Social Policy / Legal Studies A.B., University of Michigan (1987) M.P.P., Harvard University (1990) Ph.D., University of Chicago (1997)

Taeku Lee and Christian Dyogi Phillips, Superficial Equality: Gender and Immigration in Asian American Political Participation, 6 Pol., Groups, and Identities 373 (2018).

Taeku Lee and Sunmin Kim, The Mechanics of Immigration Polls, 82 Pub. Op. Q. 148 (2018).

Taeku Lee, Kevin M. Esterling, and Archon Fung, How Much Disagreement is Good for Democratic Deliberation?, 32 Pol. Comm. 529 (2015).

RECENT FACULTY SCHOLARSHIP | 19

FACULTY SCHOLARSHIP DAVID LIEBERMAN

James W. and Isabel Coffroth Professor of Jurisprudence B.A., Cambridge University (1974) M.A., Cambridge University (1978) Ph.D., London University (1980)

David Lieberman, Professing Law in the Shadow of the Commentaries, in Blackstone and his Critics (2018).

David Lieberman, Declaring Rights: Bentham and the Rights of Man, in Natural Law and Politics (2018).

KATERINA LINOS Professor of Law

B.A., Harvard College (2000) Diploma, European University Institute (2002) J.D., Harvard Law School (2006) Ph.D., Harvard University (2007)

Katerina Linos, Melissa Carlson, and Laura Jakli, Rumors and Refugees: How GovernmentCreated Information Vacuums Undermine Effective Crisis Management, 62 Int’l Stud. Q. 671 (2018).

Katerina Linos and Tom Pegram, What Works in Human Rights Institutions?, 112 Am. J Int’l L. 1 (2017).

Katerina Linos and Tom Pegram, The Language of Compromise in International Agreements, 70 Int’l Org. 587 (2016).

LAURENT MAYALI

Lloyd M. Robbins Professor of Law Faculty Director, Comparative Legal Studies Program Faculty Director, Robbins Religious and Civil Law Collection Co-Faculty Director, Korea Law Center Licence en Droit, University of Montpellier, France (1976) Maitrise en Droit, University of Montpellier, France (1977) D.E.A., University of Montpellier, France (1978) Habilitation in Legal History, University of Montpellier, France (1985) Docteur d’Etat en Droit, University of Montpellier, France (1985)

Laurent Mayali and E. Conte, A Cultural History of Law in the Middle Ages (2019).

Laurent Mayali and Pierre Mousseron, eds., Customary Law Today (2018).

Laurent Mayali and John Yoo, Resolution of Territorial Disputes in East Asia: The Case of Dokdo, 36 Berkeley J. Int’l L. 504 (2018).

20 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

PETER S. MENELL

Koret Professor of Business Law Co-Director, Berkeley Center for Law & Technology Faculty Director, Berkeley Judicial Institute S.B., Massachusetts Institute of Technology (1980) M.A., Stanford University (1982) J.D., Harvard Law School (1986) Ph.D., Stanford University (1986)

Peter S. Menell, Rise of the API Copyright Dead?: An Updated Epitaph for Copyright Protection of Network and Functional Features of Computer Software, 31 Harv. J. L. & Tech. 305 (2017-2018).

Peter S. Menell, Tailoring a Public Policy Exception to Trade Secret Protection, 105 Cal. L. Rev. 1 (2017).

Peter S. Menell, Adapting Copyright Law for the Mashup Generation, 164 U. Pa. L. Rev. 441 (2016).

ROBERT MERGES

Wilson, Sonsini, Goodrich & Rosati Distinguished Professor of Law and Technology Co-Director, Berkeley Center for Law & Technology B.S., Carnegie-Mellon University (1981) J.D., Yale Law School (1985) LL.M., Columbia Law School (1988) J.S.D., Columbia Law School (1988)

Robert Merges, What Kind of Rights Are IP Rights?, in The Oxford Handbook of Intellectual Property Law (2017).

Robert Merges, Measuring the Costs and Benefits of Patent Pools, 78 Ohio St. L.J. 281 (2017).

Robert Merges, Copyright and Distributive Justice, 92 Notre Dame L. Rev. 513 (2016).

JOY MILLIGAN

Assistant Professor of Law A.B., Harvard-Radcliffe College (1998) M.P.A., Princeton University (2003) J.D., New York University School of Law (2006) Ph.D., UC Berkeley (2018)

Joy Milligan, Plessy Preserved: Agencies and the Effective Constitution, Yale L.J. (forthcoming, 2020).

Joy Milligan, Subsidizing Segregation, 104 Va. L. Rev. 847 (2018).

Joy Milligan, Protecting Disfavored Minorities: Toward Institutional Realism, 63 UCLA L. Rev. 894 (2016).

RECENT FACULTY SCHOLARSHIP | 21

FACULTY SCHOLARSHIP SAIRA MOHAMED Professor of Law

B.A., Yale University (2000) J.D., Columbia Law School (2005) Master of International Affairs, Columbia School of International and Public Affairs (2005)

Saira Mohamed, From Machinery to Motivation: The Lost Legacy of Criminal Organizations Liability, in The Oxford Handbook of International Criminal Law (forthcoming, 2019).

Saira Mohamed, The Contours and Controversies of Perpetrator Trauma, in The Routledge International Handbook of Perpetrator Studies (forthcoming, 2019).

Saira Mohamed, Leadership Crimes, 105 Cal. L. Rev. 777 (2017).

CALVIN MORRILL

Stefan A. Riesenfeld Professor of Law | Professor of Sociology B.A., UC Santa Barbara (1980) M.A., Harvard University (1983) Ph.D., Harvard University (1987)

Calvin Morrill and Michael Musheno, Navigating Conflict: How Youth Handle Trouble in a High-Poverty School (2018).

Calvin Morrill, Unsettled Times for American Families, 43 L. Soc. Inq. 249 (2018).

Calvin Morrill, Change Disguised as Continuity in Studying Law and Society? Evidence from the Law & Society Review, 1966-2015, 50 L. Soc. Rev. 1019 (2016).

TEJAS NARECHANIA

Robert and Nanci Corson Assistant Professor of Law Faculty Director, Berkeley Center for Law & Technology B.S., B.A., UC Berkeley (2005) J.D., Columbia Law School (2011)

Tejas N. Narechania, State Immunity and the Patent Trial and Appeal Board, 18 Chi.-Kent J. Intell.

Prop. 537 (2019).

Tejas N. Narechania, Certiorari, Universality, and a Patent Puzzle, 116 Mich. L. Rev. 1345 (2018).

Tejas N. Narechania, Patent Conflicts, 103 Geo. L.J. 1483 (2015).

DAVID B. OPPENHEIMER

Clinical Professor of Law Director, Berkeley Center on Comparative Equality & Anti-Discrimination Law B.A., University without Walls (Berkeley) (1972) J.D., Harvard Law School (1978)

David B. Oppenheimer, Molly Leiwant, and Sam Wheeler, Patt v. Donner: A Simulated Casefile for Learning Civil Procedure, 2nd ed. (2019).

David B. Oppenheimer, Dr. King’s Dream of Affirmative Action, 21 Harv. Latinx L. Rev. 55 (2018).

David B. Oppenheimer, Archibald Cox and the Diversity Justification for Affirmative Action, 25 Va. J. Soc. Pol’y & L. 158 (2018).

22 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

MANISHA PADI

Assistant Professor of Law B.S., Massachusetts Institute of Technology (2010) J.D., Yale Law School (2017) Ph.D., Massachusetts Institute of Technology (2017)

Manisha Padi, Vivek Bhattacharya, and Gaston Illanes, Fiduciary Duty and the Market for Financial Advice, NBER Working Paper Series 25861 (2019).

Manisha Padi, Consumer Protection Laws and the Mortgage Market: Evidence from Ohio, Working Paper (2018).

Manisha Padi and Abigail R. Moncrieff, Measuring the Welfare Effects of a Nudge: A Different Approach to Evaluating the Individual Mandate, in Nudging Health: Health Law and Behavioral Economics (I. Glenn Cohen, Holly Fernandez Lynch, and Christopher T. Robertson, eds., 2016).

FRANK PARTNOY

Adrian A. Kragen Professor of Law B.A., B.S., University of Kansas (1989) J.D., Yale Law School (1992)

Frank Partnoy, Barbara Bliss, and Peter Molk, Negative Activism, Wash. U. L. Rev. (forthcoming, 2020).

Frank Partnoy, The Law of Two Prices: Regulatory Arbitrage, Revisited, 107 Geo. L.J. 1017 (2019).

Frank Partnoy, Alan Palmiter, and Elizabeth Pollman, Business Organizations: A Contemporary Approach, 3rd ed. (2019).

DYLAN PENNINGROTH Professor of Law and History

B.A., Yale University (1993) Ph.D., Johns Hopkins University (2000)

Dylan C. Penningroth, Law as Redemption: A Historical Comparison of the Ways Marginalized People Use Courts, 40 L. & Soc. Inquiry 793 (2015) (book review).

Dylan C. Penningroth, More than Freedom: Fighting for Black Citizenship in a White Republic, 1829–1889 by Stephen Kantrowitz, 60 Civil War History 338 (2014) (book review).

Dylan C. Penningroth, A Nation within a Nation: Organizing African-American Communities before the Civil War, 99 J. Am. Hist. 591 (2012) (book review).

RECENT FACULTY SCHOLARSHIP | 23

FACULTY SCHOLARSHIP VICTORIA PLAUT

Claire Sanders Clements Dean’s Professor of Law Director, Culture, Diversity & Intergroup Relations Lab Affiliate Faculty, Psychology B.A., Harvard University (1996) M.Sc., London School of Economics and Political Science (1997) Ph.D., Stanford University (2003)

Victoria C. Plaut et al., Do Color Blindness and Multiculturalism Remedy or Foster Discrimination and Racism?, 27 Current Directions in Psychological Science, 200 (2018).

Victoria C. Plaut and Kyneshawau Hurd, Diversity Entitlement: Does Diversity-Benefits Ideology Undermine Inclusion?, 112 Nw. U. L. Rev. 1605 (2018).

Victoria C. Plaut and Mark W. Bennett, Looking Criminal and the Presumption of Dangerousness: Afrocentric Facial Features, Skin Tone, and Criminal Justice, 51 U.C. Davis L. Rev. 745 (2018).

CLAUDIA POLSKY

Assistant Clinical Professor of Law Director, Environmental Law Clinic B.A., Harvard University (1987) M. Appl. Sci., Lincoln University, New Zealand (1989) J.D., UC Berkeley School of Law (1996)

Claudia Polsky, Open Records, Shuttered Labs: Ending Political Harassment of Public University Researchers, 66 UCLA L. Rev. 208 (2019).

Claudia Polsky, California Chemicals Regulation After TSCA Reform, 25 Envt’l. L. News 22 (Fall 2016).

Claudia Polsky et al., The Health in All Policies (HiAP) Approach and the Law: Preliminary Lessons from California and Chicago, 43 J.L. Med. & Ethics 52 (2015).

JOHN A. POWELL

Professor of Law | Professor of African American Studies and Ethnic Studies Robert D. Haas Chancellor’s Chair in Equity and Inclusion Director, Haas Institute for a Fair and Inclusive Society B.A., Stanford University (1969) J.D., UC Berkeley School of Law (1973)

john a. powell and Stephen Menendian, Fisher v. Texas: The Limits of Exhaustion and the Future of Race-Conscious University Admissions, 47 U. Mich. J.L. Reform 899 (2014). john a. powell et al., Teaching and Learning Law and Social Justice, Center for Social Justice and Public Service Conference (2014). john a. powell et al., Amicus Brief on behalf of the Leo T. McCarthy Center for Public Service and the Common Good and 44 Housing Scholars to California Supreme Court in California Building Industry Association v. City of San Jose (S212072) (2014).

24 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

ERIC RAKOWSKI Professor of Law

A.B., Harvard University (1980) B.Phil., Oxford University (1983) D.Phil., Oxford University (1984) J.D., Harvard Law School (1987)

Eric Rakowski, Custom as Public Policy: Tying the Hands of the Dead, in Customary Law Today (Laurent Mayali and Pierre Mousseron, eds., 2018).

Eric Rakowski, Free Time, Notre Dame Phil. Rev. (2017) (book review).

Eric Rakowski, ed., The Trolley Problem Mysteries (2016).

RUSSELL K. ROBINSON

Walter Perry Johnson Professor of Law Faculty Director, Center on Race, Sexuality & Culture B.A., Hampton University (1995) J.D., Harvard Law School (1998)

Russell K. Robinson and David M. Frost, The Afterlife of Homophobia, 60 Ariz. L. Rev. 213 (2018).

Russell K. Robinson and David M. Frost, “Playing It Safe” with Empirical Evidence: Selective Use of Social Science in Supreme Court Cases about Racial Justice and Marriage Equality, 112 Nw. U. L. Rev. 1565 (2018).

Russell K. Robinson, Unequal Protection, 67 Stan. L. Rev. 151 (2016).

BERTRALL ROSS

Chancellor’s Professor of Law B.A., University of Colorado, Boulder (1998) M.Sc., London School of Economics and Political Science (2001) M.P.A., Princeton University (2003) J.D., Yale Law School (2006)

Bertrall L. Ross II and Douglas Spencer, Passive Voter Suppression, Nw. U. L. Rev. (forthcoming, 2019).

Bertrall L. Ross II, Administrative Constitutionalism as Popular Constitutionalism, U. Pa. L. Rev. (forthcoming, 2019) Bertrall L. Ross II, Addressing Inequality in the Age of Citizens United, 93 N.Y.U. L. Rev. 1120 (2018).

ANDREA L. ROTH Professor of Law

B.S., B.A., University of New Mexico (1995) J.D., Yale Law School (1998)

Andrea Roth, Beyond Cross Examination: A Response to Cheng and Nunn, 97 Tex. L. Rev. Online 193 (2019).

Andrea Roth, “Spit and Acquit”: Prosecutors as Surveillance Entrepreneurs, 107 Cal. L. Rev. 405 (2019).

Andrea Roth, Machine Testimony, 126 Yale L.J. 1972 (2017).

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FACULTY SCHOLARSHIP DANIEL L. RUBINFELD

Robert L. Bridges Professor of Law (Emeritus) Professor of Economics (Emeritus) B.A., Princeton University (1967) M.S., Massachusetts Institute of Technology (1968) Ph.D., Massachusetts Institute of Technology (1972)

Daniel L. Rubinfeld and Edward B. Rock, Antitrust for Institutional Investors, 82 Antitrust L.J. 221 (2018-2019).

Daniel L. Rubinfeld, IP Privateering in the Markets for Smartphone and Desktop and Mobile Operating Systems, 33 Berkeley Tech. L. R. 85 (2018).

Daniel L. Rubinfeld and Michal Gal, Access Barriers to Big Data, 59 Ariz. L. Rev. 339 (2017).

PAMELA SAMUELSON

Richard M. Sherman Distinguished Professor of Law Co-Director, Berkeley Center for Law & Technology B.A., University of Hawaii (1971) M.A., University of Hawaii (1972) J.D., Yale Law School (1976)

Pamela Samuelson and Mark P. Gergen, The Disgorgement Remedy of Design Patent Law, Cal. L. Rev. (forthcoming, 2020).

Pamela Samuelson, Staking the Boundaries of Software Copyrights in the Shadow of Patents, 71 Fla. L. Rev. 243 (2019).

Pamela Samuelson, Strategies for Discerning the Boundaries of Copyrights and Utility Patents, 92 Notre Dame L. Rev. 1493 (2017).

HARRY N. SCHEIBER

Stefan A. Riesenfeld Professor of Law and History (Emeritus) Chancellor’s Emeritus Professor Faculty Director, Institute for Legal Research A.B., Columbia University (1955) M.A., Cornell University (1957) Ph.D., Cornell University (1961) D. Jur. Hon., Uppsala University, Sweden (1998)

Harry N. Scheiber, The “Commons” Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s “Tragedy”, 19 Theoretical Inquiries in Law 489 (2018).

Harry N. Scheiber, ed. and contr. author, Constitutional Governance and Judicial Power: The History of the California Supreme Court (2016).

Harry N. Scheiber and Jane L. Scheiber, Bayonets in Paradise: Martial Law in Hawaii during World War II (2016).

26 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

PAUL M. SCHWARTZ

Jefferson E. Peyser Professor of Law in Trial and Appellate Practice Co-Director, Berkeley Center for Law & Technology B.A., Brown University (1981) J.D., Yale Law School (1985)

Paul M. Schwartz, Global Data Privacy: the EU Way, N.Y.U. L. Rev. (forthcoming, 2019).

Paul M. Schwartz and Daniel J. Solove, Privacy Law Fundamentals (2019).

Paul M. Schwartz, Legal Access to the Global Cloud, 118 Colum. L. Rev. 1681 (2018).

JEFFREY SELBIN

Clinical Professor of Law Faculty Director, Policy Advocacy Clinic B.A., University of Michigan (1983) C.E.P., L’Institut d’Etudes Politiques (1986) J.D., Harvard Law School (1989)

Jeffrey Selbin et al., Ability to Pay, 22nd Annual Liman Center Colloquium, Yale Law School (2019).

Jeffrey Selbin, Justin McCrary, and Joshua Epstein, Unmarked? Criminal Record Clearing and Employment Outcomes, 108 J. Crim. L. & Criminology 1 (2018).

Jeffrey Selbin et al., Measuring Law School Clinics, 92 Tul. L. Rev. 547 (2018).

ELISABETH SEMEL

Clinical Professor of Law Director, Death Penalty Clinic Director of Clinical Programs B.A., Bard College (1972) J.D., UC Davis School of Law (1975)

Elisabeth Semel, Batson and the Discriminatory Use of Peremptory Challenges in the 21st Century, in Jurywork: Systematic Techniques (2018-19).

Elisabeth Semel, Why Oklahoma Matters in California, L.A. Daily J. (May 9, 2014).

Elisabeth Semel, Gov. Newsom Showed Leadership on Capital Punishment, S.F. Chronicle (March 14, 2019).

RECENT FACULTY SCHOLARSHIP | 27

FACULTY SCHOLARSHIP JONATHAN SIMON

Lance Robbins Professor of Criminal Justice Law Affiliated Faculty, Center for the Study of Law and Society A.B., UC Berkeley (1981) J.D., UC Berkeley School of Law (1987) Ph.D., UC Berkeley (1990)

Jonathan Simon, Can Courts End Mass Incarceration?, in The Legal Process and the Promise of Justice: Studies Inspired by the Work of Malcolm Feeley (Rosann Greenspan, Hadar Aviram, and Jonathan Simon, eds., 2019).

Jonathan Simon, Explicit Bias: Why Criminal Justice Reform Requires Us to Challenge Crime Control Strategies that are Anything but Race Blind, 54 Tulsa L. Rev. 331 (2019).

Jonathan Simon, Penal Monitoring in the United States: Lessons from the American Experience and Prospects for Change, 70 Crime, Law & Soc. Change 161 (2018).

STEVEN DAVIDOFF SOLOMON Professor of Law

B.A., University of Pennsylvania (1992) J. D., Columbia Law School (1995) Masters in Finance, London Business School (2005)

Steven Davidoff Solomon, Claire Hill, and Brian Quinn, Mergers and Acquisitions: Law, Theory and Practice, 2nd ed. (2019).

Steven Davidoff Solomon, Jill Fisch, and Assaf Hamdani, The New Titans of Wall Street: A Theoretical Framework for Passive Investors, U. Pa. L. Rev. (forthcoming, 2019).

Steven Davidoff Solomon, Yakov Amihud, and Markus Schmid, Settling the Staggered Board Debate, 166 U. Pa. L. Rev. 1475 (2018).

SARAH SONG

Professor of Law | Professor of Political Science Faculty Director, Kadish Center for Morality, Law and Public Affairs B.A., Harvard University (1996) M. Phil., Oxford University (1998) Ph.D., Yale University (2003)

Sarah Song, After Obergefell: On Marriage and Belonging in Carson McCullers’ Member of the Wedding, in Looking for Law in All the Wrong Places: Justice Beyond and Between (Marianne Constable, Leti Volpp, and Bryan Wagner, eds., 2019).

Sarah Song, Immigration and Democracy (2018).

Sarah Song, Political Theories of Migration, 21 Ann. Rev. Pol. Sci. 385 (2018).

28 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

AVANI MEHTA SOOD Professor of Law

A.B., Princeton University (1999) J.D., Yale Law School (2003) M.A., Princeton University (2011) Ph.D., Princeton University (2013)

Avani Mehta Sood, Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt, 71 Stan. L. Rev. 593 (2019).

Jeffrey A. Segal, Avani Mehta Sood, and Benjamin Woodson, The “Murder Scene Exception” —Myth or Reality? Empirically Testing the Influence of Crime Severity in Federal Search-andSeizure Cases, 105 Va. L. Rev. 543 (2019).

Avani Mehta Sood, Applying Empirical Psychology to Inform Courtroom Adjudication—Potential Contributions and Challenges, 130 Harv. L. Rev. F. 301 (2017).

RACHEL STERN

Pamela P. Fong Family Professor of Law B.A., Wellesley College (2001) Ph.D., UC Berkeley (2009)

Rachel Stern and Lawrence J. Liu. The Good Lawyer: State-Led Professional Socialization in Contemporary China, Law & Soc. Inquiry (forthcoming).

Rachel Stern, Activist Lawyers in Post-Tiananmen China, 42 Law & Soc. Inquiry 234 (2017).

Rachel Stern, Political Reliability and the Chinese Bar Exam, 43 J.L. & Soc’y 506 (2016).

ERIC STOVER

Adjunct Professor of Law Faculty Director, Human Rights Center B.A., Colorado College (1974)

Eric Stover, Henry Erlich, and Thomas J. White, eds., Silent Witness: Forensic DNA Analysis in Criminal Investigations and Humanitarian Disasters (forthcoming, 2020).

Eric Stover et al., My Child’s Journey Home: Perspectives of Adult Family Members on the Separation and Reunification of the “Disappeared” Children of El Salvador, 41 Hum. Rts. Q. 91 (2019).

Eric Stover, Victor Peskin, and Alexa Koenig, Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on Terror (2016).

STEPHEN D. SUGARMAN

Roger J. Traynor Professor of Law B.S., Northwestern University (1964) J.D., Northwestern University School of Law (1967)

Stephen D. Sugarman and Ariel Porat, Limited Inalienability Rules, 107 Geo. L.J. 701 (2019).

Stephen D. Sugarman, Is it Unconstitutional to Prohibit Faith-Based Schools from Becoming Charter Schools?, 32 J. L. & Religion 227 (2017).

Stephen D. Sugarman, Restating the Tort of Battery, 10 J. Tort L. 1 (2017).

RECENT FACULTY SCHOLARSHIP | 29

FACULTY SCHOLARSHIP KAREN M. TANI Professor of Law

B.A., Dartmouth College (2002) J.D., University of Pennsylvania Law School (2007) Ph.D., University of Pennsylvania (2011)

Karen M. Tani, Administrative Constitutionalism at the “Borders of Belonging”: Drawing on History to Expand the Archive and Change the Lens, U. Pa. L. Rev. (forthcoming, 2019).

Karen M. Tani, An Administrative Right to Be Free from Sexual Violence? Title IX Enforcement in Historical and Institutional Perspective, 66 Duke L. J. 1847 (2017).

Karen M. Tani, States of Dependency: Welfare, Rights, and American Governance, 1935-1972 (2016).

CHRISTOPHER TOMLINS

Elizabeth Josselyn Boalt Professor of Law B.A., Oxford University (1973) M.A., University of Sussex (1974) M.A., Oxford University (1977) M.A., The Johns Hopkins University (1977) Ph.D., The Johns Hopkins University (1981)

Christopher Tomlins, Materialism and Legal Historiography, from Bachelard to Benjamin, in The Oxford Handbook of Law and the Humanities (Maksymilian Del Mar, Bernadette Meyler, and Simon Stern, eds., 2019).

Christopher Tomlins and Markus D. Dubber, eds., Oxford Handbook of Legal History (2018).

Christopher Tomlins, Law As … IV: Minor Jurisprudence in Historical Key. An Introduction, 21 Law Text Culture 1 (2017).

AMANDA L. TYLER

Shannon C. Turner Professor of Jurisprudence B.A., Stanford University (1995) J.D., Harvard Law School (1998)

Amanda L. Tyler, Courts and the Executive in Wartime: A Comparative Study of the American and British Approaches to the Internment of Citizens During World War II and Their Lessons for Today, 107 Cal. L. Rev. 789 (2019).

Amanda L. Tyler, Habeas Corpus, in The Cambridge Companion to the United States Constitution (2018).

Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (2017).

30 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

JENNIFER M. URBAN Clinical Professor of Law

B.A., Cornell University (1997) J.D., UC Berkeley School of Law (2000)

Jennifer Urban, Joe Karaganis, and Brianna L. Schofield, Takedown in Two Worlds: An Empirical Analysis, 64 J. Copyright Soc’y U.S.A. 483 (2017).

Jennifer Urban, Joe Karaganis, and Brianna L. Schofield, Notice and Takedown: Online Service Provider and Rightsholder Accounts of Everyday Practice, 64 J. Copyright Soc’y U.S.A. 371 (2017).

Jennifer Urban, Joe Karaganis, and Brianna L. Schofield, Notice and Takedown in Everyday Practice, UC Berkeley Public Law Research Paper 2755628 (2017).

MOLLY SHAFFER VAN HOUWELING

Harold C. Hohbach Distinguished Professor of Patent Law and Intellectual Property Associate Dean, J.D. Curriculum and Teaching Co-Director, Berkeley Center for Law & Technology B.A., University of Michigan (1994) J.D., Harvard Law School (1998)

Molly Shaffer Van Houweling, The New Private Law and Intellectual Property, in The Oxford Handbook of the New Private Law (Andrew Gold et al., eds., forthcoming, 2019).

Molly Shaffer Van Houweling, Intellectual Property as Property, in Research Handbook on the Economics of Intellectual Property Law (Ben Depoorter and Peter Menell, eds., forthcoming, 2019).

Molly Shaffer Van Houweling, Equitable Estoppel and Information Costs in Contemporary Copyright, 23 Lewis & Clark L. Rev. 553 (2019).

LETI VOLPP

Robert D. and Leslie Kay Raven Professor of Law in Access to Justice A.B, Princeton University (1986) M.S.P.H., Harvard University (1988) M.S., University of Edinburgh (1989) J.D., Columbia University School of Law (1993)

Leti Volpp, Marianne Constable, and Bryan Wagner, eds., Looking for Law in All the Wrong Places: Justice Beyond and Between (2019).

Leti Volpp, Signs of Law, in Looking for Law in All the Wrong Places (Leti Volpp, Marianne Constable, and Bryan Wagner, eds., 2019).

Leti Volpp, Protecting the Nation from “Honor Killings”: The Construction of a Problem, 34 Const.

Comment. 133 (2019).

RECENT FACULTY SCHOLARSHIP | 31

FACULTY SCHOLARSHIP FACULTY SCHOLARSHIP

continued

CHARLES D. WEISSELBERG

Yosef Osheawich Professor of Law in Advocacy and Dispute Resolution B.A., Johns Hopkins University (1979) J.D., University of Chicago Law School (1982)

Charles Weisselberg, On Both Sides of the Atlantic Ocean: Judicial Dialogue Between US and European Courts, in EU Fair Trial Rights (Silvia Allegrezza et al., eds., forthcoming, 2019).

Charles Weisselberg, Exporting and Importing Miranda, 97 B.U. L. Rev. 1235 (2017).

Charles Weisselberg, Against Innocence, in The Integrity of Criminal Process—From Theory to Practice (Jill Hunter et al., eds, 2016).

REBECCA WEXLER

Assistant Professor of Law B.A., Harvard College (2005) M.Phil., Cambridge University (2006) J.D., Yale Law School (2016)

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System, 70 Stan. L. Rev. 1343 (2018).

Rebecca Wexler, Technology’s Continuum: Body Cameras, Data Collection and Constitutional Searches, in Visual Imagery and Human Rights Practice (Monroe Price and Sandra Ristovksa, eds., 2018).

Rebecca Wexler, Gags as Guidance: Expanding Notice of National Security Letter Investigations to Targets and the Public, 31 Berkeley Tech. L.J. 325 (2016).

JOHN YOO

Emanuel S. Heller Professor of Law A.B., Harvard University (1989) J.D., Yale Law School (1992)

John Yoo, A Defense of the Electoral College in the Age of Trump, 46 Pepp. L. Rev. 835 (2019).

John Yoo and Todd Gaziano, Presidential Authority to Revoke or Reduce National Monument Designations, 35 Yale J. on Reg. 618 (2018).

John Yoo and Jeremy Rabkin, Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War (2017).

FRANKLIN ZIMRING

William G. Simon Professor of Law Faculty Director, Criminal Justice Studies B.A., Wayne State University (1963) J.D., University of Chicago Law School (1967)

Franklin E. Zimring, American Juvenile Justice, 2nd ed. (2019).

Franklin E. Zimring, When Police Kill (2017).

32 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

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