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February 17, 2017

Op-Eds on the Trump Administration by King Hall's Constitutional Law Faculty

King Hall faculty continue to make many media appearances and write opinion articles following the election of Donald Trump as President. Hot topics range from immigration and the environment to human rights and treason.

Here are recent op-eds by two of our Constitutional Law faculty.

"Congressional Caution Is Needed" by Alan Brownstein in U.S. News & World Report

Brownstein writes about President Trump's call to repeal the Johnson Amendment, a tax code provision prohibiting tax exempt nonprofit organizations from engaging in political campaigns for electoral candidates: ""Americans are more than political antagonists. We can see each other as people and families with far more in common with each other than the political disagreements that divide us.  To do that, we heed to have neutral spaces where we can leave partisan divisions behind us.  Charities should be places where our common humanity and the American virtues we share of generosity and service come to the fore. Houses of worship should be places where we are neither Democrats nor Republicans, but rather people joined in humanity and humility in spiritual fellowship and worship."

"Five Myths about Treason" by Carlton Larson in The Washington Post (This piece was posted online today and will appear in Sunday's print edition.)

An excerpt: "The Trump administration promised to do things differently, but the resignation of a national security adviser under a cloud of suspicion of treason was novel even by Trump standards. The political landscape is now littered with accusations of treason, not just against Trump officials but against all kinds of other political actors as well -- Hillary Clinton, Mitch McConnell, even the state of California. Treason is an ancient concept shrouded in misconceptions. Here are a few."

February 10, 2017

Habeas Petitions for Detained Immigrants

Immigration Law Clinic co-director Holly Cooper is teaching educational programs organized by the Practising Law Institute (PLI). They are "Challenging Immigration Detention with Habeas Petitions - A Basic Overview" and "Habeas Petitions for Detained Immigrants."

Here is information about the sessions:

Why You Should Attend
The U.S. Department of Homeland Security detains more than 400,000 noncitizens in civil immigration detention every year. A congressional quota mandates that Immigration and Customs Enforcement (ICE) maintain 34,000 beds daily for immigrants in detention, many in privately run detention facilities. Tens of thousands more are subject to onerous conditions of release, including high bonds and GPS tracking devices. Immigrants who are detained include asylum seekers, victims of trafficking or crimes in the United States, longtime lawful permanent residents, and others with avenues to immigration relief. Research shows that in Northern California, represented noncitizens who are released from detention are nearly three times more likely to win their immigration case as represented noncitizens who remain detained.

The writ of habeas corpus is a constitutionally-protected device by which individuals can petition a federal district court judge to remedy unlawful deprivation of liberty by government officials. Yet many immigration advocates---whose day-to-day practice is largely before administrative agencies---feel ill-equipped to enter federal court to challenge ICE and immigration court custody decisions. This training is designed to provide immigration attorneys the knowledge and tools necessary to litigate habeas petitions on behalf of detained immigrant clients.

What You Will Learn

  • When Can I File a Habeas Petition? - Overview of Immigration Custody Regimes and Corresponding Habeas Opportunities
  • What Are My Arguments? - Common Challenges to Detention Through Habeas and Possible Hurdles
  • How Do I Get into Federal Court? -Nuts and Bolts of Filing a Habeas Petition

Who Should Attend
All attorneys interested in or currently assisting immigrant clients who are detained or subject to conditions of custody, including private and pro bono attorneys, law clinic students and faculty, and public interest and non-profit organization attorneys, would benefit from attending this program. Participants are expected to have a basic knowledge of immigration law but need not have prior experience with habeas petitions.

For more information, visit the links for the two programs:

http://www.pli.edu/Content/Seminar/Challenging_Immigration_Detention_with_Habeas/_/N-4kZ1z10c7n?Ns=sort_date%7C0&ID=311402

http://www.pli.edu/Content/Seminar/Habeas_Petitions_for_Detained_Immigrants/_/N-4kZ1z10gkx?fromsearch=false&ID=305795&MLW7_8HP

February 1, 2017

King Hall Faculty Members Join CAPALF Statement Condemning Trump Executive Order

The Conference of Asian Pacific American Law Faculty, or CAPALF, has issued a statement on President Trump's recent executive order. The statement is signed by several of King Hall's own Asian-American law faculty, including Afra Afsharipour, Anupam Chander, Gabriel "Jack" Chin, Thomas W. Joo, Rose Cuison Villazor, Lisa Ikemoto, Madhavi Sunder, and Yoshinori "Toso" Himel '75.

An excerpt:

We, members of the Conference of Asian Pacific American Law Faculty, condemn President Trump's executive order, issued on January 27, 2017, which suspends U.S. refugee admission for "nationals of countries of particular concern," and applies to citizens of seven Muslim-majority countries, including persons already legally authorized to enter the United States and, at least initially, lawful permanent residents.

The United States has made the grave mistake of discriminatory exclusion before.  The Chinese Exclusion Act of 1882 was the first federal law to enact a wholesale ban on immigration on the basis of race, ethnicity, or nationality.  It remained in effect until 1943, and was not fully dismantled until 1965.  Congress banned other immigration from Asia from 1917 to 1952.

Asian American history teaches us that wholesale exclusions and bans of an entire people on the basis of race, ethnicity, or national origin are not only morally and constitutionally problematic, but also counterproductive to actual national security objectives.

Visit the CAPALF website to view the full statement.

January 31, 2017

A Teach-In About the Immigration Executive Orders

Please join School of Law faculty for a discussion of President Trump's Executive Orders regarding immigration law, immigrants' rights, and human rights.

Monday, February 6, 2017, 12:00 PM
King Hall Room 1001

 

Sponsored by

Aoki Center for Critical Race and Nation Studies

Immigration Law Association

La Raza Student Association

Middle Eastern South Asian Law Students Association (MESALSA)

Lunch will be served.

January 27, 2017

Law Review Online Launches

The UC Davis Law Review is celebrating its fiftieth volume by launching an online companion edition: the UC Davis Law Review Online. The online journal will print short, timely pieces—including essays, responses, replies, and book reviews—at lawreview.law.ucdavis.edu/online.

Dean Kevin R. Johnson welcomed the online journal, remarking, “The UC Davis Law Review has a proud history of excellent scholarship and has always evolved with the times.” Dean Johnson detailed that history in the online edition’s very first piece, “Foreword: 50 Volumes of the UC Davis Law Review.”

"We are hoping that the UC Davis Law Review Online will be able to grow into a robust and active forum for engaging legal scholarship above and beyond the articles in our traditional print edition,” says Volume 50 Editor in Chief Lars Torleif Reed. For example, Dean Steven W. Bender from Seattle University School of Law spoke at the Law Review’s 2016 Symposium, Disjointed Regulation: State Efforts to Legalize Marijuana, and published his article “The Colors of Cannabis: Race and Marijuana” in the December 2016 print issue. The new online edition allowed him to reflect on the implications of the 2016 elections in a follow-up piece. It will also allow scholars to respond to pieces in both the print and online journals without the time delay of print publishing.

The Law Review launched its online edition along with its completely redesigned website, lawreview.law.ucdavis.edu. Reed, Projects Editors Parnian Vafaeenia and Andrew Aaronian, and Managing Editor Markie Jorgensen developed the online journal and website along with the School of Law’s Senior Graphic Designer Sam Sellers and Web Application Developer Jason Aller. The editors and members of the UC Davis Law Review will staff both the print and online editions.

Authors who wish to publish in the UC Davis Law Review Online should submit through Scholastica or by emailing lawreview@law.ucdavis.edu. (Scholastica is strongly preferred.)

 

January 19, 2017

Professor Saucedo to Deliver Alice Cook Distinguished Lecture at Cornell

Professor Leticia Saucedo will deliver the Alice Cook Distinguished Lecture at Cornell University on April 13, 2017.

Saucedo will deliver a lecture titled, "The Legacy of the Immigrant Workplace: Lessons for the 21st Century Economy."

The Alice Cook Distinguished Lecture is organized by the ILR School of Cornell University. ILR is a leading college of the applied social sciences focusing on work, employment, and labor policy issues.

January 19, 2017

Professors Ikemoto and Lee to Speak at Stem Cell Research Policy and Ethics Symposium

January 3, 2017

UC Davis School of Law Faculty at AALS 2017

Faculty from UC Davis School of Law will have a prominent presence at the 2017 Association of American Law Schools (AALS) Annual Meeting in San Francisco this week.

Here is a list of King Hall-related faculty activities.

UC Davis School of Law Reception for Faculty, Staff, Alumni, and Friends

Thursday, January 5
6 pm - 8 pm
Powell Room, 6th Floor, Hilton

***

Programs with King Hall Speakers

**Wednesday, January 4**

Lisa Ikemoto
10:30 am - 12:15 pm
AALS ARC OF CAREER PROGRAM - Branching Out in Your Post-Tenure Career
Imperial B, Ballroom Level, Hilton

Lisa Pruitt
10:30 am - 12:15 pm
AALS DISCUSSION GROUP - Community Development Law and Economic Justice: Why Law Matters
Golden Gate 2, Lobby Level, Hilton

Chris Elmendorf
10:30 am - 12:15 pm
SECTION ON LAW AND THE SOCIAL SCIENCES - How Can Social Science Improve Judicial Decisionmaking?
Continental Parlor 2, Ballroom Level, Hilton

Alan Brownstein
1:30 pm  - 4:30pm
SECTION ON LAW AND RELIGION - Is Securalism a Non-Negotiable Aspect of Liberal Constitutionalism?
Continental Parlor 9, Ballroom Level, Hilton

Angela P. Harris
1:30 pm - 3:15 pm
POVERTY LAW, CO-SPONSORED BY SECTION ON LAW, MEDICINE AND HEALTH CARE - Food Justice as Interracial Justice
Continental Ballroom 5, Ballroom Level, Hilton

Aaron Tang
3:30 pm - 4:45 pm
SECTION ON LEGISLATION AND LAW OF THE POLITICAL PROCESS - New Voices in Legislation Works in Progress
Golden Gate 8, Lobby Level, Hilton

Kevin R. Johnson
6:30 pm               
Honored Guest at the Latino/a Law Professor's Dinner
Perry's Restaurant Embarcadero, 155 Steuart Street (between Mission and Howard)

**Thursday, January 5**

Leticia Saucedo
8:30 am - 10:15 am
SECTION ON LABOR RELATIONS AND EMPLOYMENT LAW, CO-SPONSORED BY IMMIGRATION LAW; BUSINESS ASSOCIATIONS; & CONTRACTS - Classifying Workers in the "Sharing" and "Gig" Economy
Golden Gate 4, Lobby Level, Hilton

Lisa Pruitt
8:30 am - 10:15 am
SECTION ON WOMEN IN LEGAL EDUCATION, CO-SPONSORED BY MINORITY GROUPS; & BALANCE IN LEGAL EDUCATION - Cultivating Empathy
Continental Ballroom 5, Ballroom Level, Hilton

Kevin R. Johnson
1:30 pm - 2:00 pm (Keynote address)
AALS COMMITTEE ON RECRUITMENT AND RETENTION OF MINORITY LAW TEACHERS AND STUDENTS - Making Room for More: Theorizing Educational Diversity and Identifying Best Practices in the Age of Fisher
Golden Gate 2, Lobby Level, Hilton

**Friday, January 6**

Madhavi Sunder
8:30 am - 10:15 am
SECTION ON INTELLECTUAL PROPERTY - Intellectual Property in Conflict or Concert with Community Values
Golden Gate 6, Lobby Level, Hilton

Anupam Chander
8:30 am - 10:15 am
SECTION ON INTERNATIONAL LAW - Implementing the Trans-Pacific Partnership: Challenges and Opportunities on the Road Ahead
Golden Gate 8, Lobby Level, Hilton

David Horton
10:30 am - 12:15 pm
SECTION ON COMMERCIAL AND RELATED CONSUMER LAW & CONTRACTS JOINT PROGRAM - Contracts, Commercial, and Consumer Law in Action
Continental Parlor 1, Ballroom Level, Hilton

Courtney Joslin
1:30 pm - 3:15 pm
SECTION ON SEXUAL ORIENTATION AND GENDER IDENTITY ISSUES - Setting the Post-Obergefell Agenda
Golden Gate 8, Lobby Level, Hilton

Darien Shanske
1:30 - 3:15pm
SECTION ON TAXATION - Fiscal Federalism: Balancing Tax Policies at the Federal, State, and Local Levels
Continental Parlor 1, Ballroom Level, Hilton

Kevin R. Johnson
1:45-3PM
Pre-tenured Law School Teachers of Color - Small Group Discussion about Scholarship
Golden Gate 4 & 5, Lobby Level, Hilton

Kevin R. Johnson
3:15 pm - 4:15 pm
PLENARY SESSION - Pre-tenured Law School Teachers of Color (Part I - Service: Challenge, Opportunity, and Passion; Part II - Teaching and Outsider Status)
Golden Gate 4 & 5, Lobby Level, Hilton

A TOAST TO LESLEY McALLISTER
5pm - 8pm
Location: UC Hastings
Details and RSVP info: http://facultyblog.law.ucdavis.edu/post/a-festschrift-for-lesley-mcallister.aspx

***

Other Faculty Roles in AALS

- Rose Cuison Villazor, Chair, Section on Minority Groups; Chair-Elect, Section on Immigration Law
- Afra Asharipour, Executive Committee Member, Section on Transactional Law & Skills; Executive Committee Member, Section on Law and South Asian Studies
- Jasmine Harris, Executive Committee Member, Section on Evidence; Executive Committee Member, Section on Law and Mental Disability
- Carlton Larson, Executive Committee Member, Section on Legal History

***

Additional Attendees from King Hall

Thomas W. Joo
Peter Lee
Evelyn Lewis
Brian Soucek
Carter "Cappy" White  

 

December 30, 2016

A Festschrift for Lesley McAllister

UC Davis School of Law is proud to co-sponsor a festschrift for King Hall's own Professor Lesley McAllister.

Here is the invitation and program information from the Center for Progressive Reform. The event will take place next week in San Francisco, where many legal scholars will be attending the Association of American Law Schools (AALS) Annual Meeting.

Tickets are not required, but RSVPs are strongly encouraged. You can RSVP here.

***

Friends,

Please join us from 5:00-8:00 pm on Friday, January 6, 2017 as we close out the holiday reception season with an event that will expand your thinking, rather than your waistline. 

UC Davis law professor Lesley McAllister has made an indelible mark on the field of environmental law. Unfortunately, she has been fighting a rare form of lung cancer for several years. On January 6, by the sidelines of the AALS annual meeting, we are convening a forum of influential scholars who contributed to her work, are inspired by her work, and benefit from her work. We hope you'll come be a part of it.

Lesley McAllister has been a volunteer Member Scholar of the Center for Progressive Reform (CPR), for the past 8 years. CPR, founded over 15 years ago by a few law profs who taught environmental and workplace health and safety law, is an advocacy organization through which law scholars work together to bring their voices out of academia into the policy arena in support of protective regulation.  

This event to honor Lesley McAllister will take place at the UC Hastings College of Law, 200 McAllister Street, San Francisco, just a few blocks from the AALS annual meeting. It is not an AALS event, so you do not need a ticket to attend. It starts at 5:00 pm, with a light reception from 5:00-6:00 pm. An hour-long program (see below) follows, and then there will be a bigger (i.e. more food & drink) reception from 7:00-8:00 pm. 

The evening is generously co-sponsored by UC Davis School of Law and the University of San Diego School of Law.

You can RSVP here. Thank you and Happy Holidays!

Robert R.M. Verchick
Board President, Center for Progressive Reform
Gauthier-St. Martin Chair in Environmental Law, Loyola University New Orleans
Senior Fellow in Disaster Resilience Leadership, Tulane University

PROGRAM

Welcome

  • Rob Verchick, CPR President, Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law, Loyola New Orleans University
  • Lesley McAllister, Professor of Law, UC Davis

Introductory Remarks   

  • Madhavi Sunder, Senior Associate Dean for Academic Affairs and Martin Luther King, Jr. Professor of Law, UC Davis
  • Orly Lobel, Professor of Law, University of San Diego

Panel

  • Climate Change & Cap and Trade: William Boyd, Professor of Law & John H. Schultz Energy Law Fellow, University of Colorado
  • Environmental Law in Developing Countries: Benjamin Van Rooij, Professor of Law, UC Irving
  • Private Regulation / 3rd party Auditing: Jodi Short, Professor of Law, UC Hastings

Concluding Remarks 

  • Daniel Rodriguez, Dean and Harold Washington Professor of Law, Northwestern University      
  • Robert Kagan, Prof. Emeritus of Political Science and Law, UC Berkeley.
  • Lesley McAllister

Please RSVP here.

November 29, 2016

New Op-Eds by King Hall Faculty

In recent weeks, King Hall faculty have written several opinion pieces for the press.

Kevin R. Johnson in The Sacramento Bee: Trump's Immigration Promises Fraught with Obstacles

The Obama administration used detention aggressively in 2014, when the nation experienced the migration of thousands of women and children fleeing violence in Central America. That detention has resulted in litigation. In addition, the Supreme Court will soon hear a constitutional challenge to detention without possibility for release and any review by a court. Increased use of detention by a Trump administration is likely to result in many lawsuits. Expect those lawsuits to last for years.

Brian Soucek in The Los Angeles Times: Stop Proposition 8, and Marriage Inequality in California, from Making a Comeback

A federal district court judge found Proposition 8 unconstitutional in 2010, but legal appeals kept it alive until 2013, when a U.S. Supreme Court ruling finally allowed same-sex weddings to resume in California. Laws that are found unconstitutional don't get erased; they just lose their legal force. So the text of the ban lies in wait, ready to spring back into action if given the chance. The election of Donald Trump might provide that chance.

Irene Oritseweyinmi Joe in The Los Angeles Times: Like Many Immigrants, I Owe a Debt to the Republican Party - of the 1980s

Imagine their surprise, however, when I let them know that, although I disagreed with some of Reagan's policies, there was one for which I would always be grateful. My family had been undocumented immigrants, and it was the Reagan amnesty program that allowed us to exit the shadows.

Jasmine E. Harris in the Tribune News Wire (providing content for news media around the world): The Right to Vote for People with Mental Disabilities

Beyond physical obstructions to poll sites, voters with mental disabilities -- including learning disabilities, autism, Down syndrome as well as dementia and Alzheimer's -- face an even greater challenge in casting their ballots: deeply entrenched stereotypes that shape election law and policy. The majority of states deny these citizens, either by law or common practice, the right to vote.

Elizabeth Joh in Slate: Five Lessons from the Rise of Bodycams

More than two years after Ferguson became a hashtag, spawned a movement, and drew national attention to problems about police accountability, the most tangible reform has been the spread of police body cameras. Their use seemed like a clear solution to problems of trust and oversight, but the reality hasn't been that simple. Body cameras have introduced new problems of their own. How can we do better when the next new police technology arrives? Here are five things to keep in mind.

Elizabeth Joh in NYTimes.com's Room for Debate: Should the President Be Able to Block You on Twitter?

Like granting the White House press pool access, the president’s social media obligations may ultimately be decided as a matter of custom. In a democratic society that values transparency and accountability, keeping the social media account of a president open to all ought to be part of these customs.