International Law Faculty Updates
Fall 2018
Steve Diamond has been working on the following:
1) His paper (with economist Jennifer Kuan) “Are the stock markets ‘rigged’? An empirical analysis of regulatory change” will appear in the September issue of International Review of Law and Economics.
He presented the paper at the Law and Economics section of the AALS in January.
2) His paper “Exercising the ‘governance option’: Labor’s new push to reshape financial capitalism” is under “R&R” at the Cambridge Journal of Economics.
He presented the paper at the Labour Law Research Network 3 conference at the University of Toronto Faculty of Law last year and at the Law in Global Political Economy: Heterodoxy Now conference organized by the Institute for Global Law & Policy at Harvard Law School earlier this summer.
3) His paper “Insider Trading” is under “R&R” at the Oxford Research Encyclopedia of Economics and Finance.
4) Working with the Business School he helped organize the Third Annual Conference on Business and Human Rights which took place last summer at the Leavey School of Business. The conference was co-sponsored by the University of Washington, Rutgers, the Center for Business and Human Rights at NYU’s Stern Business School and the Business & Human Rights Journal published by Cambridge University Press.
5) He will be on sabbatical in the spring working on a paper (or two) on corporate governance and shareholder activism.
In addition to his duties as Director of the Vienna Program, Philip Jimenez did the following:
1) He coordinated an exercise in negotiation between SCU students, and teams from Seoul National University in South Korea, and a group of young Japanese lawyers in Tokyo. The subject was a license agreement for the transfer of technology. In addition to weekly Skype negotiation sessions, some of our students traveled to Seoul, or to Tokyo, for the final negotiation sessions. A fairly good comparative look at law, procedure, negotiation techniques, business ethics and culture.
2) He presented a lecture at the Faculty of Law, Seoul National University, on “Negotiating with Americans”.
3) Assisted his son in organizing a major Symposium on Freedom of Speech, at the Philharmonic Hall in Ulaan Baatar, Mongolia. Other sponsors included the National Judicial Council, the Bar Association of Ulaan Baatar, and the National Graduate University.
4) Assisted his son in arranging a benefit concert , furthering the Rule of Law and Human Rights, at the Philharmonic Hall in Ulaan Baatar. Three operatic Tenors, one from Japan, one from Brazil and the other from Mongolia, dazzled the audience with songs and arias, accompanied by the National Philharmonic Orchestra.
5) At the commencement exercises at the Graduate University of Mongolia, received Honorary Doctorate, for work furthering the Rule of Law and Human Rights.
Once more, this Spring, Claudia Josi led our students’ team to success in the renowned Clara Barton competition on international humanitarian law. 2018, SCU’s team made it to the finals, building upon last year’s success where our team already reached the semi-finals.
In February, she participated in the Transpacific Workshop on International Law and Armed Conflict, co-sponsored by The International Committee of the Red Cross and the United States Pacific Command in Hawaii. The workshop brought together experts from the ICRC, governments, military legal advisers and academia / think tanks to discuss current challenges in international humanitarian law. Josi was part of a panel on Investigations Related to Potential IHL Violations.
As in past years, she was also invited to Colombia by the ICRC to participate in an expert workshop on the application of International Humanitarian Law in that country’s historical peace process.
In July, she again gave a lecture in the framework of the International Security Studies Program (ISSP) of the University of Fribourg, Switzerland, this year on “Transitional Justice in today’s world”. She discussed the different mechanisms available for states to deal with past crimes, as well as to move forward in the construction of a more just and reconciled society after a period of dictatorship, conflict or civil war.
Finally, in December 2017, Claudia Josi was selected as one of only 14 international experts “amicus curiae” to the Special Jurisdiction for Peace in Colombia. These 14 foreign experts are to serve as international legal advisors to the Special Jurisdiction for Peace, created in the framework of the Peace Agreement signed last year in Colombia. The JEP will have exclusive competence over the crimes committed in the context and by reason of the armed conflict, in particular the most serious and representative, and in regard to all individuals, who have directly or indirectly participated in the armed conflict, including the members of the FARC, the State agents, and third parties who have financed or collaborated with armed groups, among others. On a bigger scale, the JEP will have the purposes to satisfy the victims’ right to justice, obtain truth for the Colombian society, contribute to the reparation of the victims, contribute to fight against impunity, and contribute to the achievement of a stable and long-lasting peace, among others.
The selection of these experts was covered by main international and national newspapers in Colombia, such as El Tiempo, El Pilón, Vanguardia, El Heraldo, Gerente, radio stations RTW24, wradio, caracol radio, and TV stations CablenoticiasTV, among others.
Francisco Rivera Juaristi co-authored an amicus curiae brief before the Inter-American Commission on Human Rights (IACHR) addressing the environmental and human rights violations associated with the construction of a dam in Belize; co-authored a brief on the merits in a case involving discrimination of Dominicans of Haitian descent; provided material support to the City of Mountain View in its adoption of a pilot program that will conduct a human rights impact assessment of city-wide projects; participated in a hearing before the IACHR (along with partners and clients, including the ACLU, RFK Human Rights, Shaun King and Justin Hansford) to denounce human rights violations stemming from the lack of accountability and impunity of police killings in the U.S.; partnered with the Office of Women’s Policy of the County of Santa Clara to conduct a study of homelessness with a specific gender and human rights perspective; submitted a chapter on “human dignity” for a book commemorating the 70th anniversary of the Universal Declaration on Human Rights; submitted a chapter on “State Responsibility for Corporate Human Rights Violations” for a book on the U.N. draft treaty on Business and Human Rights; provided technical assistance and legal expertise to the County of Santa Clara in drafting an ordinance to implement locally the principles of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and develop a methodology that would institutionalize a gender lens in County budgeting and decision-making processes; and submitted a paper and participated in a conference at SCU on “Business and Human Rights”.
Prof. Rivera moderated several events on-campus and spoke at a national Human Rights Clinician’s conference in UCLA. He continues to serve as a member of the National Human Rights Cities Steering Committee; was appointed to serve in the Human Rights Task Force of the Human Relations Commission of the County of Santa Clara, and serves as a member of the Drafting and Implementing Committees for a civil society coalition that is drafting a new UN treaty on violence against women.
During the summer, Prof. Rivera co-directed and taught in the law school’s summer abroad programs in Costa Rica and Geneva.
Michelle Oberman will be attending the first International Conference on Abortion Law, at the Sorbonne in Paris, this November. Her talk is entitled, “Interrogating the Purpose and Function of Abortion Laws in the 21st Century.”
She made scholarly presentations on:
“Her Body, Our Laws: On the Front Lines of the Abortion War from El Salvador to Oklahoma,” Haifa University Faculty Workshop (December, 2017)
“The Limits of Choice: On the Connection Between Abortion and Assistance in Dying” International Academy of Law and Mental Health Bi-Annual Convention (Prague, July, 2017)
In addition, she is continuing research on two international projects:
1.) Working in El Salvador on abortion-related prosecutions and the phenomena of wrongful convictions
2.) Studying the nature and function of Israel’s pregnancy termination committees
Professor Donald J. Polden, teaches courses in Antitrust Law, Sports Law and Leadership for Lawyers. He also serves as the Director of the law school’s Center for Global Law and Policy, Heafey Center for Trial and Appellate Advocacy and the Institute for Lawyer Leadership Education. Most recently, he assisted the Santa Clara Law Review in offering a symposium on Advancing Leadership In the Legal Profession (held on March 23, 2018, in Charney Hall). The President of the American Bar Association, Hilarie Bass, was a keynote speaker as well as leadership experts Barry Posner from Santa Clara’s Business School and Deborah Rhode from Sanford Law School. Polden prepared a law review article on lawyers, leadership and innovation for presentation at the Symposium and it will be published by the Santa Clara Law Review. He recently joined the Consultative Group for the American Law Institute’s new project, Principles of the Law of Compliance, Enforcement, Risk Management for Corporations, Nonprofits and Other Organizations.
David Sloss has been working on the following:
Book Chapters:
The Engagement of U.S. Courts with International Law, in Engagement of Domestic Courts with International Law, Nollkaemper, Shany & Tzanakopoulos, eds. (forthcoming 2019)
United States, in Supremacy of International Law vs. National Fundamental Principles, Fulvio Palombino, ed. (forthcoming 2018-19)
Incorporation, Federalism, and International Human Rights, in Human Rights and Legal Judgments: The American Story, Austin Sarat, ed. (Cambridge University Press 2017)
International Law in Domestic Courts, in Research Handbook on the Politics of International Law, Sandholtz and Whytock, eds. (Edward Elgar 2017) (co-authored with Michael Van Alstine)
Law Review Articles:
Universal Human Rights and Constitutional Change (with Wayne Sandholtz) (forthcoming 2019)
The New ALI Restatement and the Doctrine of Non-Self-Executing Treaties, 64 Federal Lawyer 56 (Oct/Nov 2017)
Human Rights and Constitutional Democracy, reviewing The Promise of Human Rights (by Jamie Mayerfeld), 39 Human Rights Quarterly 971 (2017)
California’s Climate Diplomacy and Dormant Preemption, 56 Washburn L. J. 507 (2017)
Presentations
University of Melbourne, November 28, 2017 – Presentation on “Our Transnational Constitution”
American Society of Int’l Law, November 17, 2017 – Presentation to ASIL Judicial Advisory Board on “Treaty Interpretation in U.S. Courts”
Loyola University Chicago School of Law, November 3, 2017 – Presentation on “Our Transnational Constitution”
University of Leiden (Netherlands), October 10, 2017 – Presentation on “California’s Foreign Policy”
Amsterdam Center for International Law (Netherlands), October 9, 2017 – Presentation on “The United States and International Human Rights”
University of Naples (Italy), October 6, 2017 – Presentation on “The Universal Declaration and Constitutional Change”
European University Institute (Italy), October 5, 2017 – Presentation on “The Universal Declaration and Constitutional Change”
Gary Spitko published the following article: E. Gary Spitko, Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience, 103 Iowa L. Rev. 2175-2203 (2018).
In October 2017, Linda Starr was an invited speaker to a congress of many elected and law enforcement officials from throughout South America, in the country of Chile. She presented on the issue of wrongful conviction and the establishment and success of NCIP, and the movement generally in the US. She also met with several pro bono advocates and groups who are beginning to take on the issue of wrongful conviction in the country of Chile and on Easter Island. Here are links to press coverage of the event, as well as a link (that is long) to the event, teed up to the portion where she presented.
https://youtu.be/e1YvlyyCmzA?t=1h9m5s
Also in October, 2017, she attended the Innocence Network Board meeting in Mexico City and had the opportunity to facilitate a presentation of the National Public Defender of Chile at our meeting. She also met with a representative from one of Mexico’s Innocence Projects.
In November 2017, Tseming Yang led a workshop on Principles of American Administrative Law for a Study Tour Delegation of senior officials of the Legislative Affairs Office of the China’s State Council, organized by the US-China Exchange Council.
In April 2018, he moderated the Santa Clara Law Environmental Law Society’s 6th Annual Symposium on Global Climate Change.
In July 2018, he gave a presentation on ”The Emergence of the Environmental Impact Assessment Norm as a Global Environmental Law Principle” at the 2018 IUCN Academy of Environmental Law Colloquium at Strathclyde University in Glasgow, Scotland.
An article on the same topic, “The Emergence of the Environmental Impact Assessment Duty as a Global Legal Norm and General Principle of Law” is forthcoming the Hastings Law Journal in 2019.
In July 2018, he served as a Summer Distinguished International Environmental Law Scholar in Residence at Vermont Law School.
On June 16, 2017, he met with Taiwan’s Minister of Environmental Protection and staff in the Water Pollution Control Division to discuss environmental governance issues.
Over the summer, he also completed a chapter on “Cancer Villages in China,” forthcoming in the “The Cambridge Handbook on Environmental Justice and Sustainable Development,” edited by Sumudu Atapattu, Carmen G. Gonzalez and Sara Seck.
He participated in the Bannan Institute’s April Cross-Collaborative Summit completed, which completed his 2016-2018 term as Bannan Institute Scholar in the Environmental Justice Collaborative. However, together with other faculty members of the EJ Collaborative, he is continuing their work on the creation of an International Network of Jesuit Universities and Colleges on Environmental Justice as well as a conference on University-Community Partnerships on Environmental Justice in early May 2019.
He signed a contract with Edward Elgar Publishing to edit a “Research Handbook on Comparative Environmental Law,” part of Edward Elgar’s ‘Research Handbooks in Comparative Law’ series, forthcoming in 2021.
Fall 2017
Evangeline Abriel is the co-author, with Sally Kinoshita, of The VAWA Manual: Immigration Relief for Abused Immigrants. The seventh edition of the manual was published by the Immigrant Legal Resource Center in June 2017.
Colleen Chien is publishing an article with the Ariz. S. Law. Journal – Comparative Patent Quality.
She and 1L Alexandra Koseva spoke at an SCU event sponsored by HTLI hosting the European Patent Office in September 2017. (law.scu.edu/event/the-epo-comes-to-silicon-valley/)
Colleen Chien and Brian Love are both participating in the International Patent Remedies for Complex Products (INPRECOMP) Project, organized through King’s College London and Arizona State. They are joined by about two dozen patent law professors from around the world. They both attended a conference in October 2016 at King’s College. The ultimate goal of the INPRECOMP Project is to produce a book that takes a comparative look at remedies for patent infringement and recommends best practices.
Stephen Diamond presented “Exercising the ‘Governance Option’: Labor’s Push to Reshape Capitalism” to the 2nd Business and Human Rights Scholars Conference at the University of Washington School of Law in September 2016.
He presented “Exercising the ‘Governance Option’: Labor’s Push to Reshape Capitalism” to the Labour Law Research Network 3 Conference at the University of Toronto Faculty of Law in June 2017.
He served as a member of the Organizing Committee for the 3rd Business and Human Rights Scholars Conference which took place at Santa Clara University in September 2017. The conference was co-sponsored by NYU, Rutgers and the University of Washington.
His paper “Are the Stock Markets ‘Rigged’? An Empirical Analysis of Regulatory Change” (co-authored with Jennifer Kuan) has been accepted for publication by the International Review of Law and Economics and he will be presenting the paper at the Law and Economics section of the AALS in January 2018 in San Diego.
He is teaching a seminar this term on “Business and International Human Rights.”
Anna Han wrote an article to be published in The Corporate Law and Corporate Crimes Journal of NALSAR University of Law in Hyderbad, India titled “Diversity on the Board of Directors: A Suggestion to Look Outside of Your “Board”ers”.
Philip Jimenez lectured at the National Judicial Council, Ulaanbaatar, Mongolia, on “Jurisdiction and Choice of Law in Transnational Litigation” in October 2016.
His collaboration continues with the National Graduate University for the establishment of an LLM in International Commercial Law, and a Research Center for Global Rule of Law.
He lectured in October 2016 at Faculty of Law, Seoul National University, Seoul, South Korea, on “Negotiating with Americans”; part of a continuing simulation course in which we collaborate with SNU in a trans-Pacific exercise negotiating a technology licensing agreement.
In January 2017, he supervised SCU students participating in trans-Pacific negotiation simulation exercise in Tokyo, Japan.
In June 2017, he presented at “Symposium on International Arbitration”, sponsored by Chamber of Commerce, Ulaan Baatar, and National Judicial Council, Mongolia.
In April 2017, Gary Neustadter received the Sixth Annual Judge Wes Steen Prize for the best article of the year in the American Bankruptcy Institute Law Review, for my article Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World, 24 ABI L. Rev. 351 (2016).
Donald J. Polden, Dean Emeritus and Professor of Law; Director of Center for Global Law and Policy. Professor Polden jointly authored a book titled, Sport, Ethics and Leadership, published by Routledge (2017), and the 2018 Supplement to his treatise on U.S employment law titled Employment Relationships: Law and Practice (Wolters Kluwers). He also prepared an article on the tenure and faculty tenure provisions of the Standards on Approval of US Law Schools which was published in the Journal of Legal Education. He is currently serving as Director of the Heafey Center for Advocacy at the law school and participates on the Executive Committee of the Ingram Inn of Court in San Jose. He also directed the law school’s summer program in Tokyo in summer of 2017.
Francisco Rivera Juaristi co-authored a written submission to the United Nations Special Rapporteur on Violence Against Women regarding the need for a separate legally binding treaty on violence against women and girls; presented a draft paper at the third annual Business and Human Rights Scholars conference on the duty of States to protect against business-related human rights violations, and is writing a chapter for a book to commemorate the 70th anniversary of the Universal Declaration on Human Rights.
Prof. Rivera taught two online sessions on issues of violence against women and business responsibility for human rights violations in the context of the Masters Program on Human Rights and Human Security of the Università degli Studi di Milano-Bicocca, in Italy; he taught an online lecture on human rights clinical legal education to students in the Universidade La Salle, in Brazil, and taught an online course on the Inter-American Human Rights System to students in the International Studies Program at Sacred Heart University, in Puerto Rico.
He spoke at a Continuing Legal Education (CLE) conference in San Francisco on The Human Rights of Migrants: Challenges and Opportunities in California, and at a conference held in Northeastern Law School in Boston on the issue of Human Rights Cities. Prof. Rivera also moderated a panel discussion with two members of the Inter-American Commission on Human Rights and Fr. Luis Arriaga on issues of human rights at home and abroad.
Prof. Rivera also provided technical expertise and testified in front of the Mountain View City Council in support of the adoption of a Human Rights City resolution. The resolution was approved on December 2016. He published a blog post about it, and was invited to become a member of the national Human Rights Cities Steering Committee. He continues to work with the County of Santa Clara to support the adoption of an ordinance that would incorporate locally the principles set out in the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Prof. Rivera continues to serve 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.
During the summer, Prof. Rivera co-directed and taught in the law school’s summer abroad programs in Costa Rica and Geneva.
David Sloss was awarded a Certificate of Merit in Spring 2017 by the American Society of International Law for a “preeminent contribution to creative scholarship” for his book entitled The Death of Treaty Supremacy: An Invisible Constitutional Change (Oxford University Press 2016).
In the first half of 2017, he gave a series of public talks about that book, including at Hastings College of Law (in January), Arizona State University (in February), and UCLA, Pepperdine, and U.C. Irvine (in March).
He authored or co-authored three different book chapters, as follows:
- United States, in Supremacy of International Law vs. National Fundamental Principles, Fulvio Palombino, ed. (forthcoming, Cambridge Univ. Press 2017-18)
- Incorporation, Federalism, and International Human Rights, in Human Rights and Legal Judgments: The American Story, Austin Sarat, ed. (Cambridge University Press 2017)
- International Law in Domestic Courts, in Research Handbook on the Politics of International Law, Sandholtz and Whytock, eds. (Edward Elgar 2017) (co-authored with Michael Van Alstine)
He also wrote three other pieces that will soon be published:
- The New ALI Restatement and the Doctrine of Non-Self-Executing Treaties, 64 Federal Lawyer xxx (forthcoming 2017)
- Human Rights and Constitutional Democracy, reviewing The Promise of Human Rights (by Jamie Mayerfeld), 39 Human Rights Quarterly xxx (forthcoming 2017)
- California’s Climate Diplomacy and Dormant Preemption, 56 Washburn L. J. xxx (forthcoming 2017)
In October, he will be giving a series of lectures at different universities in Europe, including the European University Institute (Italy), University of Naples (Italy), University of Amsterdam (Netherlands) and University of Leiden (Netherlands).
Gary Spitko presented a paper – “Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience,” at the Iowa Law Review/ACTEC Foundation Symposium on “Wealth Transfer Law in Comparative and International Perspective,” University of Iowa College of Law, Iowa City, IA, September 2017).
Tseming Yang published the following:
A commentary entitled “Professionals in China: An Update” on China’s new Foreign NGO Legislation and its effect on environmental NGOs in the July/August edition of the ENVIRONMENTAL FORUM.
An August 24, 2017 op-ed piece entitled “Rebates a prudent way to save world from climate change” as part of the Tribune News Service’s Pro-Con op-ed series, which appears in newspapers across the nation.
“THE CASE FOR U.S. RATIFICATION OF THE BASEL CONVENTION ON HAZARDOUS WASTES,” 25 NYU Environmental Law Journal 52 (2017) (with Scott Fulton).
On January 26, 2017, he gave a work-in-progress presentation on “The Global Rise of the EIA Duty: Best Practice, Global Norm, General Principle of Law” at the Environmental Law Colloquium of the UC Berkeley School of Law.
On June 16, 2017, he met with Taiwan’s Minister of Environmental Protection and staff in the Water Pollution Control Division to discuss environmental governance issues.
On June 17, 2017, he gave a lecture on “Water Pollution Regulation in the U.S. and Recent Developments” at “Sustainability and Green Technology Conference” at National University of Kaohsiung in Taiwan.
On June 17, he also led a workshop on Environmental Enforcement for agency staff at the Kaohsiung Municipal Environmental Protection Bureau and met with the Deputy Mayor of Kaohsiung City to discuss environmental enforcement issues.
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 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 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 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 Goldman spoke at the Open Net – Harvard Berkman Center Seminar on Intermediary Liability. Photos available here.
Art 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”