Spring 2016

Philip Jimenez continues to work with the National Legal Institute of Mongolia, The Faculty of Law of the National University of Mongolia, and the University of Humanities in establishing the Mongolian Center for Global Rule of Law. He is Special Consultant for developing the Research Center and Graduate Legal Studies Program at the University of Humanities in Ulaan Baatar, which will be initiated September, 2016.

 

 


Claudia Josi was recently invited as expert on International Humanitarian Law at a panel discussion at Stanford Law School on “Medical Care Under Fire: International Law in Times of Conflict,” together with Doctors without Borders. She has also published an article in the Law Review N° 75, 2015 of the Catholic University in Lima, Peru on direct democracy. “Direct democracy: What if there is a conflict between the will of the people and fundamental rights?” is a comparative analysis of the legal restrictions of ballot initiatives in Switzerland and California.

 


Brian Love coauthored a forthcoming book chapter on patent litigation in Germany and the UK, and a forthcoming article on patent litigation in China.

 

 

 


Francisco Rivera Juaristi published a book chapter entitled The Amicus Curiae in the Inter-American Court of Human Rights (1982-2013), in The Inter-American Court of Human Rights: Theory and Practice, Present and Future. He also co-authored an amicus curiae brief filed by the International Human Rights Clinic in the Ángel Alberto Duque v. Colombia case before the Inter-American Court of Human Rights on the issue of discrimination on the basis of sexual orientation.

Professor Juaristi serves as Chair of the Governing Bodies Committee and is a member of the Drafting and Implementing Committees for a civil society coalition that is drafting a new UN treaty on violence against women. He also served as Chair of Santa Clara Law’s 2016 Alexander Prize Committee and Chair of the 2015 U.C. Berkeley Law Brian M. Sax Prize for Excellence in Clinical Advocacy. He spoke at a conference at Stanford Law School about the development of human rights clinics in Europe.


David Sloss has a new book that will be published in 2016 by Oxford University Press. The title is “The Death of Treaty Supremacy: An Invisible Constitutional Change.” He has two law review articles that will be published within the next few weeks: Taming Madison’s Monster: How to Fix Self-Execution Doctrine, 2015 Brigham Young Univ. L. Rev. (forthcoming 2016) and How International Human Rights Transformed the U.S. Constitution, 38 Human Rights Quarterly (forthcoming 2016).

He also co-authored a book chapter that will be published later this year. International Law in Domestic Courts, in The Politics of International Law (Sandholtz and Whytock eds., forthcoming 2016) (co-authored with Michael Van Alstine). He was recently elected to serve on the Executive Council for the American Society of International Law and is participating as a member of the International Law Association’s Study Group on the Domestic Application of International Law. The group met in Heidelberg, Germany in November 2015 where he contributed a paper for the conference.


William Woodward
The Business Law Section of the ABA has embarked on a project that will create contract provisions to prohibit human trafficking and other human rights abuses in international supply contracts, where the governing law will be the UCC or the Convention on the International Sale of Goods. The project is potentially enormous. The first steps will be to narrow the work to one or two industries (e.g., textiles or electronics), learn what kinds of contract provisions are currently in place in the selected industry, cull the best of them, draft (or redraft) provisions that can be used in the contracts of those in that economic segment (with commentary about how to use them), and offer them for use within the industry. Professor Woodward’s job will be “reporter” for the project. This entails capturing the sense of the group and attempting to draft contract provisions and instructions that will implement the group’s views.


Fall 2015

Philip JimenezPhilip Jimenez attended and gave a short talk at the 80th Anniversary Celebration of the Roerich Peace Pact, hosted by the Roerich-Bira Foundation in Ulaan Baatar, Mongolia. Diplomats from Russia, Belarus, People’s’ Republic of China, South Korea, and India were in attendance.

 

 


David SlossDavid Sloss gave a lecture at Victoria University of Wellington (in Wellington, New Zealand) in June. He also taught a one-week intensive course in the LLM program at the University of Melbourne (in Melbourne, Australia). He co-authored a book chapter on International Law in Domestic Courts with Professor Michael Van Alstine (University of Maryland) that will be published in a forthcoming volume entitled Handbook on the Politics of International Law. He wrote an article entitled “Taming Madison’s Monster: How to Fix Self-Execution Doctrine’, which will be published later this year in Brigham Young University Law Review. Finally, he continues to work on his forthcoming book entitled Invisible Constitutional Transformation: The Silent Death of the Constitution’s Treaty Supremacy Rule. The book is slated for publication by Oxford University Press in 2016.


Francisco Rivera JuaristiFrancisco Rivera Juaristi published an article on international litigation and advocacy options to address the right to inclusive education of children with disabilities. He submitted a brief in view of the preparation by the U.N. Human Rights Committee of the General Comment on Article 6 (Right to life) of the International Covenant on Civil and Political Rights. He was appointed Advisory Board member of Everywoman Everywhere, a coalition that supports a new binding UN treaty on violence against women. He moderated a workshop on human rights clinics at the 2015 AALS Conference on Clinical Education. He spoke at a panel at the Bringing Human Rights Home Lawyers’ Network’s Annual Human Rights in the U.S. Symposium/CLE at Columbia Law School on effective engagement with the Inter-American Human Rights System.

He co-authored and released the International Human Rights Clinic’s report “The Inter-American Human Rights System and Violence Against Women; Norms, Compliance Mechanisms, Jurisprudence, Implementation, Lessons Learned, and Recommendations”.


Eric GoldmanEric Goldman spoke at the Open Net – Harvard Berkman Center Seminar on Intermediary Liability. Photos available here.

 

 

 


Art GemmelArt Gemmell published an article titled “Culture: The Oft Forgotten Ingredient For A Successful International M&A Transaction” was published in Corporate Disputes, Jul-Sep 2015.

 

 


Fall 2014

Sandee Magliozzi:
In July 2014, Sandee Magliozzi was invited to participate in a Plenary at the Australian Law Teachers Association (ALTA) Conference, Thriving in Turbulent Times: Re-imagining the Roles of Law, Law Schools and Lawyers – Creating a Better Future for Legal Education. Gold Coast, Australia. The thrust of the Conference was how the global drivers of change in the legal industry: technology, liberalization or deregulation (legal work being done by lawyers and non-lawyers), globalization, and the demand for increased efficiency in delivery of legal services have implications for all of us in legal education.


Laura Norris
In July 2014, Laura Norris taught at a program in Italy called “We Have the Future” (http://www.wehavethefuture.com/). WHTF is a summer camp with 30 law and business students from 14 different nations, designed to provide experiential learning for students who otherwise don’t have the opportunity in their traditional college educations.  The students come to H-Farm, an incubator in Treviso, Italy, for a month.  They are assigned to a team, and the team completes a legal / business project for an Italian company.  Laura was one of the faculty members (who also came from around the world), who lectured on substantive issues relating to the projects and assisted the student teams in their work.

Laura also taught Legal Issues of Start-Up Companies in the Seoul LLM in IP program that was resident here at SCU.


Francisco Rivera Juaristi:
In addition to teaching in the Costa Rica summer abroad program and overseeing the work of the International Human Rights Clinic, Francisco Rivera Juaristi participated in an immersion program in El Salvador with Profs. Lynette Parker and Evangeline Abriel, and three colleagues from the School of Engineering. They were able to hear different perspectives on El Salvador’s civil war and current situation from journalists, former guerrilla members and soldiers, priests, NGOs, a judge of the Constitutional Court, and many others. They also established a strong personal and institutional relationship with the main local law school and hope to partner up with them to provide opportunities for Santa Clara Law students in the area of human rights and immigration law.


David Sloss
Book publications:
How to Amend the Constitution Without Anyone Noticing: Treaty Supremacy, Human Rights and Constitutional Transformation (book contract with Oxford University Press) (publication expected 2015)

Article — Polymorphous Public Law Litigation: The Forgotten History of Nineteenth Century Public Law Litigation 71 Wash. & Lee L. Rev. xxx (forthcoming 2014).

Book Review, 108 Am. J. Int’l L. xxx (forthcoming 2014), reviewing Socializing States: Promoting Human Rights Through International Law (by Ryan Goodman & Derek Jinks)

Speaking Engagements:

AALS Workshop on Transnational Perspectives on Equality Law, Washington, D.C., June 24, 2014 – Presentation on “The Forgotten Transnational Origins of U.S. Antidiscrimination Law”

University of Sydney, Faculty of Law, April 3, 2014 – Presentation on “How to Amend the Constitution without Anyone Noticing: Treaty Supremacy, Human Rights and Constitutional Transformation”

Australian National University, Centre for International and Public Law, March 26, 2014 – Presentation on “How Human Rights Norms Transformed the U.S. Constitution”

University of Melbourne, Centre for Comparative Constitutional Studies, March 13, 2014 – Presentation on “How Human Rights Norms Transformed the U.S. Constitution”