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Roundup of Recent Faculty Research News

Eric Goldman

Prof. Michael Asimow published an essay, "ACUS Adopts Recommendations For Best Practices in Informal Adjudication." 

Prof. Michael Asimow published "Teaching Skidmore in the post-Loper Bright World." 

Profs. Pat Cain & Jean Love published a book chapter, “Ruth Bader Ginsburg: Taxation: The Litigator, the Judge, the Justice.” 

Prof. Stephen Diamond published a paper, “The market for carbon offsets: insights from US stock exchanges.”

Prof. Eric Goldman posted a paper, “Generative AI is doomed.”  

Prof. Eric Goldman wrote a chapter in the newly released ebook entitled “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Regulation and Copyright.” 

Prof. Sue Guan posted "Fraud on the Social Media Market.”

Prof. Brad Joondeph posted an essay, "The Bridge Builder," regarding Justice O'Connor's legacy.

Prof. Ed Lee wrote a preview of his article on cryptocurrencies and securities law regulation. 

Prof. Brian Love posted a paper, "Patent Law Reform and Innovation An Empirical Assessment of the Last 20 Years *."

Prof. Kerry Macintosh published "Human Reproductive Cloning, Heritable Genome Editing, and the Future of Novel Reproductive Technologies." 

Emerita Prof. Stephanie Wildman discusses her journey from law professor to children’s book author. 

Jan 1, 2025
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Eric Goldman

Prof. Margalynne Armstrong received Berkeley Law’s LSAD 2024 Distinguished Alumni Award

Prof. Michael Asimow posted a paper, “The Last Frontier: Fair Procedure in Informal Administrative Adjudication.”  

Prof. Eric Goldman delivered the 2024 Nies Lecture at Marquette Law School on the topic of "Generative AI is Doomed." The Register reported on the talk, and it was the subject of a Techdirt podcast.

Prof. Eric Goldman published an essay, “Assuming Good Faith Online."

Prof. Eric Goldman published an essay, "How the DMCA Anticipated the DSA’s Due Process Obligations."

Prof. Lisa Kloppenberg published a book review regarding the challenges facing higher education. 

Prof. Linsey Krolik was named to the Silicon Valley Business Journal's list of 100 Top Women of Influence for 2024.

Prof. Ed Lee (incoming Fall 2024) posted an essay, "The Code Red for Copyright Law," criticizing the Copyright Office's position on registrations for AI-created works.

Prof. Ed Lee (incoming Fall 2024) submitted comments to the Copyright Office regarding artificial intelligence and authorship

The Northern California Innocence Project published a report, "Blind Acceptance: A Closer Look at Eyewitness Identification Policies in California."

Prof. Tyler Ochoa published an article, “Non-Fungible Tokens (NFTs) and Copyright Law." 

Prof. Catherine Sandoval (on leave) published an article, "Fighting Utility Wildfire With Knowledge Management" and a book chapter, "Leadership Gaps Drive the Digital Divide & Fuel Disaster & Social Vulnerabilities."

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Eric Goldman

Prof. Sue Guan made a video explaining her paper how "finfluencers" are impacting stock prices in ways not anticipated by existing law or finance theory. The law school also covered her research into how finfluencers affect stock price movements.

Prof. Ed Lee, who is joining our faculty in Fall, posted an article, "Prompting Progress: Authorship in the Age of AI."

Prof. Brian Love posted an article, "Do Judicial Assignments Matter? Evidence from Random Case Allocation."

Profs. Brian Love and Christian Helmers published an article, “Do Standard - Essential Patent Owners Behave Opportunistically? Evidence from the U.S. District Court Dockets.”

Prof. Michelle Oberman published an essay, “The Least Understood Impact of Abortion Bans.” KCBS In Depth also featured her work on abortion issues.

Prof. Don Polden published an article, "No-Poach Agreements: An overview of US, EU, and national case law.”

Prof. Francisco Rivera published a book chapter, "Article 1 of the UDHR - Dignity and Equality", in "The Universal Declaration of Human Rights - A Commentary.”

Profs. Francisco Rivera and Britton Schwartz co-authored a white paper, "Before the Inter-American Court of Human Rights - Written Opinion Regarding the Request for an Advisory Opinion on the Climate Emergency and Human Rights."

Prof. Gary Spitko published an article, "Arbitration Secrecy.”

Prof. David Sloss filed an amicus brief (on behalf of himself and 7 other Constitutional law experts) with the US Supreme Court in Trump v. Anderson, urging the court to definitively resolve Trump's eligibility to be on the ballot. 

Prof. David Sloss made his a video explaining his paper "Guns, Abortion, and Courts.”  

Prof. David Yosifon published an article, "Wandering Mind as Fiduciary Breach: Cognitive Duties of Corporate Directors.”

Prof. David Yosifon is running a podcast series covering his recent law review articles.

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Eric Goldman

Prof. Vangie Abriel published an article, "The California Way: An Analysis of California’s Immigrant-Friendly Changes to its Criminal Laws.”

Prof. Michael Asimow wrote a report, "Fair Procedure in Informal Adjudication," for the Administrative Conference of the US. 

Prof. W. David Ball helped author an amicus brief to the California Supreme Court regarding pretrial detention.

Profs. W. David Ball and Michelle Oberman published an article, “The Case Against Commercial Casebooks.”

Prof. Pat Cain received the AALS Tax Section’s Inaugural Lifetime Achievement Award at the AALS annual meeting. 

Prof. Taylor Dalton co-authored an article, "On Second Thought: An Empirical Analysis of When the Supreme Court Decides Not to Decide."

Prof. Eric Goldman published an article, “A SAD Scheme of Abusive Intellectual Property Litigation.” The paper was covered extensively in an Emma in the Moment video

Prof. Eric Goldman submitted an amicus brief to the U.S. Supreme Court on Internet Law issues. 

Prof. Sue Guan’s work was highlighted in the Santa Clara University 2023 campus-wide Highlights video

Prof. Tyler Ochoa explains the value of copyright's public domain to creative production. Check out the related video!

Prof. Nicholas Serafin previewed his next academic article in this Slate essay, "What’s Really Going On With the GOP’s Current School Obsession." 

Prof. Stephen Smith published an article, "The Right to a Public Trial, Conditional Courtroom Entry and Tiers of Constitutional Scrutiny.”

Visiting Prof. Allison Brownell Tirres published an article, "The Unfinished Revolution for Immigrant Civil Rights."

Visiting Prof. Allison Brownell Tirres published an article, "Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws."

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Eric Goldman

Prof. Patricia Cain posted an article, “Marvin Claims at Death.

Prof. Taylor Dalton posted a paper, “On Second Thought: An Empirical Analysis of When the Supreme Court Decides Not to Decide.

Check out Prof. Taylor Dalton's research spotlight.  

Prof. Stephen F. Diamond posted an article, "The spot market for carbon offsets: Insights from US stock exchanges.”

Prof. Sue S. Guan posted an article, “Finfluencers & the Reasonable Retail Investor.”

Prof. Brad Joondeph posted an article, “The Horizontal Separation of Powers’ after National Pork Producers Council v. Ross.”

Prof. Brian J. Love published an article, Welcome to Waco! The impact of judge shopping on litigation,” with Prof. Christian Helmers.

Prof. Michelle Oberman published an article, "Abortion Counseling, Liability, & the First Amendment."  

Prof. Michelle Oberman published an article, “Doctors in states that ban abortion can still refer patients elsewhere. Why are so few doing that?

Santa Clara Law celebrated the memory of Prof. Alan Scheflin, who recently passed away at age 81.

Prof. David Sloss’ book, Tyrants on Twitter, was reviewed in the Political Science Quarterly

Prof. David Yosifon published an article, "Agent Correction: Chastisement, Wellness, and Personal Ethics.”

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Eric Goldman

Coverage of new faculty members recently hired, including Profs. Sue S. Guan, Mary Procaccio-Flowers, Nicholas Serafin, Taylor Dalton, Sean Bland, Linsey Krolik, Fiona McKenna, Britton Schwartz, and Melody Sequoia.

Prof. Michael Asimow published an article, “Greenlighting Administrative Prosecution.”

Prof. Eric Goldman published a new edition of his Internet Law casebook

Profs. Brian J. Love and Christian Helmers published two articles: “Patent Validity & Litigation: Evidence from IPR” and “Patent Hold-out and Licensing Frictions: Evidence from Litigation of SEPs’.”

Prof. Michelle Oberman published an article, "Against Silence: Why Doctors are Obligated to Provide Abortion Information.

Prof. Don Polden did an interview about his book, “Leading in Law.”

Prof. Margaret Russell posted an article, "Bringing to Light: Reflections on Professor Yamamoto's 'Social Healing through Justice' & the Potential of the California Truth & Healing Council."

Prof. David Sloss did an interview about his book, “Tyrants on Twitter.”

Prof. Tseming Yang published an article, “NEPA’s Conquest of the World.

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Eric Goldman

Prof. Colleen Chien wrote a Patently-O post about the launch of the Innovator Diversity Pilots Initiative. 

Prof. Colleen Chien's Paper Prisons Initiative launched a "diary" that shares the stories of people impacted by their criminal records. 

Prof. Taylor Dalton participated in the Richmond Law Junior Faculty Forum

Prof. Eric Goldman posted an article, “The United States’ Approach to ‘Platform’ Regulation.”

Santa Clara Magazine profiled Prof. Eric Goldman's Internet Law work in an article entitled “The Internet’s Last True Believer.” 

Prof. Sue Guan appeared in the CNBC documentary, “Making of the Meme King.”

Prof. Sue Guan’s article, “The Rise of the Finfluencer,” was featured in Patrick Boyle’s YouTube video and the Oxford Business Law Blog

Prof. Sue Guan’s “Spoofing and its Regulation” paper was listed in the Regulatory Review's "What We're Reading This Week" feature

Dean Michael Kaufman spoke about “Reconciling Freedom of Expression with Trauma-Informed Practices & Relationship Building” at the Widener Law Commonwealth 2023 Law Review Symposium

Profs. Brian Love and Christian Helmers published an article, “Patent Hold-Out and Licensing Frictions: Evidence from Litigation of Standard Essential Patents.

Prof. Michelle Oberman co-authored an article, “Doctors’ Duty to Provide Abortion Information.”

Prof. Catherine Sandoval, currently on leave, discussed her work as chair of the AALS Section on Communications, Media, and Information Law. 

Prof. David Sloss published an article, “The New ALI Restatement & the Doctrine of Non-Self-Executing Treaties.”

Prof. David Sloss posted an article, “Guns, Abortion, and Courts.” 

Prof. David Sloss contributed to an amicus brief explaining when malware attacks should be classified as "warlike."

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Eric Goldman

Profs. Patricia Cain and Jean Love contributed a chapter on tax law to a book, The Jurisprudential Legacy of Justice Ruth Bader Ginsburg.

Prof. Colleen Chien published a report, “The Financial Impact of Lost Licenses in Texas.”  

Prof. Colleen Chien and graduating 3L Alyssa Aguilar did an interview about the Paper Prisons project.

Prof. Eric Goldman posted an article, “The United States’ Approach to ‘Platform’ Regulation.” 

Prof. Sue Guan posted an article, “The Rise of the Finfluencer.” 

Prof. Caitlin Robinett Jachimowicz published a chapter titled “A Holistic Look at Counseling as a Lawyer, an American (U.S) Perspective” as part of this book.

Prof. Bradley Joondeph posted an article, “State Taxes and ‘Pike Balancing’.”

Prof. Lisa Kloppenberg did an interview about her biography of Judge Dorothy Nelson. 

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Eric Goldman

Prof. Colleen Chien and W. David Ball co-authored a paper, “Proving Actionable Racial Disparity Under the California Racial Justice Act.”

Prof. Colleen Chien published an article, “Distinguishing & Predicting Drug Patents.” 

Prof. Colleen Chien contributed a comment, “In Praise of Inequality,” to a symposium on Orly Lobel’s book, “The Equality Machine.”

Prof. Colleen Chien’s scholarly efforts were cited multiple times in a letter from Sen. Elizabeth Warren and Rep. Sheila Jackson Lee to the USPTO expressing concerns about low patenting rates by women, people of color, and others.

Prof. Colleen Chien testified before the Committee on Revision of the Penal Code about the California Racial Justice Act based on her work with Paper Prisons. 

Prof. Stephen Diamond published an article, “The ‘Corporate Governance’ Myth.”

Prof. Eric Goldman posted an article, “A SAD New Category of Abusive Intellectual Property Litigation.” 

Prof. Sue Guan posted an article, “The Rise of the Finfluencer.”  

Prof. Pratheepan Gulasekaram posted an article, “The Second Amendment's 'People' Problem.” The article was reviewed by the Originalism Blog.

The International Human Rights Clinic published a “toolkit” to "defend environmental human rights in the Americas through existing norms and jurisprudence from the Inter-American System & … the Escazú Agreement.” 

Prof. Lisa Kloppenberg did a Portia Project interview discussing her relationship with, & biography of, Judge Dorothy Nelson. 

Deans Laura Lee Norris and Eric Goldman evaluated Santa Clara Law’s Tech Edge JD Program after 4 years, including what worked, what did not, and why. 

Prof. Kerry Macintosh published “Dobbs, Abortion Laws, & In Vitro Fertilization.” 

Prof. Michelle Oberman published an essay, “One Florida Case Shows How the U.S. Became a Rogue State on Abortion.” 

Prof. Tyler Ochoa published a preliminary analysis of Trump’s copyright lawsuit against Bob Woodward and Simon & Schuster. 

Prof. David Sloss’ book, Tyrants on Twitter, was named one of 8 finalists for the American Bar Association’s 2023 Silver Gavel Awards for Media and the Arts.

Prof. Gary Spitko posted an article, “Arbitration Secrecy.” 

Prof. Tseming Yang posted an article, “Old and New Environmental Racism.” 

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Eric Goldman

Prof. Colleen Chien posted a paper, “Distinguishing and Predicting Drug Patents.”

Prof. Eric Goldman was ranked #28 on SSRN’s list of “The 50 Most Downloaded U.S. Law Professors of 2022.”

Profs. Brian J. Love and Christian Helmers published an article, “Are Market Prices for Patent Licenses Observable? Evidence from 4G and 5G Licensing,” which collected and analyzed publicly available data on 4G/5G SEP licenses. 

Prof. Michelle Oberman was cited by two different courts: one for her work “Mothers Who Kill” from the Ohio Supreme Court, and the other for her work “Turning Girls into Women” in the United States District Court for the Northern District of Texas

Prof. Michelle Oberman provided an overview of her research on “baby boxes” and the laws governing “safe haven” surrenders of infants for the Chicago Tribune

Prof. Cathy Sandoval posted an article, “Fight Utility Wildfire with Knowledge Management.”

Prof. Cathy Sandoval joined the Chemical Safety Board as a board member. 

Prof. David Sloss, along with 3L student, Swathi Rajan, previewed Supreme Court oral arguments in Gonzalez v. Google and Twitter v. Taamneh. 

Prof. David Sloss spoke about his Tyrants on Twitter book on the “Inside the War Room” podcast.

Prof. Stephen Smith’s article, “The Online Criminal Trial as a Public Trial,” was cited by the Iowa Supreme Court.

The SCU Law Research Dean social media presence has expanded to Mastodon and Post. Follow us there, or at Twitter, LinkedIn, or Facebook!

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Eric Goldman

Prof. Colleen Chien published an article, “The Inequalities of Innovation.” The article was covered by the Technology, Academics, and Policy blog

Prof. Eric Goldman posted an essay, “Assuming Good Faith Online.” WikiResearch highlighted the essay. 

Prof. Eric Goldman testified before the Colombian Constitutional Court regarding his research into online account terminations and content removals.

Profs. Sue Guan and Nicholas Serafin were appointed as the Inaugural Albert J. Ruffo Assistant Professors of Law

Prof. Bradley Joondeph posted an article, “Remote Work & the State Taxation of Nonresident Employees.” 

Prof. Catherine Sandoval published an article, “Technology Law as a Vehicle for Technology Justice: Stop ISP Throttling to Promote Digital Equity.” 

Prof. Nicholas Serafin previewed his in-progress scholarship in a Slate article, “The ‘Parental Rights’ Lie at the Heart of GOP Efforts to Target LGBTQ Youth.” 

Prof. David Sloss virtually launched a new book, “Is the International Legal Order Unraveling?

Prof. David Sloss’ book Tyrants on Twitter was reviewed on LawFare.

Emerita Prof. Stephanie Wildman's transition from legal literature to children’s books was covered by ALI.

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Eric Goldman

Prof. Colleen Chien’s article, “Estimating the Earnings Loss Associated with a Criminal Record & Suspended Driver’s License,” is in print.

Prof. Eric Goldman posted an article, “Zauderer and Compelled Editorial Transparency.”

Prof. Eric Goldman previewed his forthcoming book project at the IEEE Global Humanitarian Technology Conference (GHTC).

Prof. Sue Guan co-authored an article, "Manipulating Citadel: Strategies to Profit at the Expense of Retail Stock Traders’ Market Makers."

Profs. Brian J. Love and Christian Helmers co-authored a paper, “The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs.”

Prof. Brian J. Love signed onto a statement titled “Preserving the Royalty-Free Standards Ecosystem.”

Prof. Tyler Ochoa published an article, "Reconciling Copyright 'Restoration' for Pre-1972 Foreign Sound Recordings with the Classics Protection & Access Act." 

Profs. Michelle Oberman and W. David Ball posted an article, “The Case Against Commercial Casebooks.”

Prof. David Sloss posted his article, “The Russia-Ukraine War & the Seeds of a New Liberal Plurilateral Order.” 

Prof. Stephen Smith published an article, “The Rule’ and the Constitution: Witness Exclusion and the Right to a Public Trial.”

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Eric Goldman

Janelle Barbier, a Santa Clara 3L student and Tech Edge JD certificate candidate, posted an article “Federal Circuit Declines to Find Patent Claims Indefinite for Broad Descriptive Words (& An Ode to 1L Civil Procedure).”

Prof. Colleen Chien received Santa Clara University’s Award for Recent Achievement in Scholarship

Prof. Colleen Chien posted her article “Redefining Progress & The Case for Diversity in Innovation,” which documents systematic gaps in participation in innovation and makes the empirical and legal case for narrowing them as a priority of the patent system. This study was discussed on LAW360.  

Prof. Eric Goldman summarized his publications from 2022 on his Technology and Marketing Law Blog

Profs. Laura L. Norris and Eric Goldman enumerated the successes of Santa Clara’s Tech Edge Program in their article, “How Santa Clara Law’s ‘Tech Edge JD’ Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes.” 

Prof. Thiadora A. Pina explains in a blog post how her book, “Essential Lawyering Skills: A Companion Guide to Neil W. Hamilton’s ROADMAP (ELS),” helps students with their professional identity formation. 

Prof. David Sloss posted a blog post, “Is the Treaty Supremacy Rule Really Dead?

Prof. David Sloss posted his article, “The Russia-Ukraine War & the Seeds of a New Liberal Plurilateral Order.” 

Prof. David Sloss posted his article, “China’s Growing Discourse Power and Resurgent Authoritarianism.” 

Prof. David Sloss discussed global disinformation during a zoom panel with the Cambridge Forum

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Eric Goldman

Prof. Michael Asimow posted his article, “Jewish Lawyers in American Popular Culture.”

Prof. Eric Goldman published the Sixth Edition of “Advertising & Marketing Law: Cases and Materials,” with Prof. Rebecca Tushnet from Harvard Law. They also posted an updated chapter on publicity rights and advertising law titled “Featuring People in Ads.” 

Profs. Brian Love and Christian Helmers posted their article, “Welcome to Waco! The Impact of Judge Shopping on Litigation,” which discusses patent filings in Judge Albright’s court.

Prof. Fiona McKenna received a 2022 Association of Legal Writing Directors Distinguished Service Award.

Profs. Don Polden and Barry Posner published their book, “Leading in Law: Leadership Development for Law Students.”

Prof. David Sloss discussed his book, “Tyrants on Twitter: Protecting Democracies from Information Warfare,” in a podcast, “International Law Behind the Headlines.”

Prof. David Sloss edited a book, “Is the International Legal Order Unraveling?,” which is coming out later this year. 

 

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Eric Goldman

Prof. W. David Ball discussed his research on the Everyday Injustice podcast

Prof. Colleen Chien posted her paper, “Estimating the Earnings Loss Associated with a Criminal Record and Suspended Driver’s License.”

Prof. Colleen Chien launched a speaker series on AI, Equity, and Law. 

Prof. Colleen Chien presented the 2022 Stanley H. Mervis Lecture in Intellectual Property at William & Mary Law School, titled “Inequalities of Innovation.”

Lecturer Nicolas Emanuel published a casebook, “Remedies: Basic Principles, Authorities, and Problems.”

Prof. Eric Goldman published his article, “Content Moderation Remedies.” The paper was featured in Tech Policy Press

Prof. Eric Goldman discussed his paper, “The Constitutionality of Mandating Editorial Transparency,” on the Tech Policy Podcast.  The paper was also featured on the ContractsProf Blog

Prof. Pratheepan Gulasekaram posted his article, “Immigration Enforcement Preemption.”

Dean Michael Kaufman published the 4th edition of his “Learning Civil Procedure” casebook. 

Acting President Lisa Kloppenberg published a book, “The Best Beloved Thing is Justice: The Life of Dorothy Wright Nelson”. 

Prof. Michelle Oberman was named a Summer 2022 Visiting Scholar by the American Bar Foundation

The Lewis & Clark Law Review republished (in its print edition) Prof. Stephen Smith’s article, “Asking Too Much: The Ninth Circuit’s Erroneous Review of Social Security Disability Determinations.”

Prof. Gary Spitko published his article, “Integrated Nonmarital Property Rights.” 

Prof. David Sloss published his book, “Tyrants on Twitter: Protecting Democracies from Information Warfare.” It is also available as an audiobook

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Eric Goldman

Prof. Sue Guan posted a new article, “Spoofing and its Regulation.” 

Prof. Pratheepan Gulasekaram’s work on sanctuary cities was cited in an Indiana Court of Appeals ruling about the city of Gary’s “Welcoming City” initiative. 

Dean Michael Kaufman recently released 2022 editions of three books: Education Law, Policy, and Practice, Learning Civil Procedure, and Securities Litigation: Law, Policy, and Practice

Prof. Kerry Macintosh published “Heritage genome editing and cognitive biases: why broad societal consensus is the wrong standard for moving forward” in the Journal of Law and the Biosciences.

Prof. David Sloss gave a talk about his forthcoming book, Tyrants on Twitter: Protecting Democracies from Information Warfare

Prof. Stephen Smith published an article, “The Online Criminal Trial as a Public Trial.” 

The Washington and Lee Law Review published a response to Prof. Stephen Smith’s article, “The Right to a Public Trial in the Time of COVID-19.”

Prof. Gary Spitko's article, “How Should Non-Probate Transfers Matter in Intestacy?,” was reviewed in JOTWELL.

 

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Eric Goldman

Prof. Eric Goldman posted a new article, “The Constitutionality of Mandating Editorial Transparency,” forthcoming in the Hastings Law Journal.

Prof. Eric Goldman ranked #12 on TaxProf Blog’s Top 50 Most Downloaded U.S. Law Professors of 2021. 

Prof. Pratheepan Gulasekaram published an essay, “The People,’ Citizenship, and Firearms,” in the Duke Center for Firearms Law Second Thoughts Blog. 

Prof. Michelle Oberman posted a new article, How Abortion Laws Do and Don’t Work,that analyzes Israel’s abortion system to draw some lessons for U.S. abortion policy.

Prof. Nick Serafin received an honorable mention from the Association of American Law Schools for his article, “Redefining the Badges of Slavery.”

Prof. David Yosifon published an article, “Moby-Dick as Corporate Catastrophe: Law, Ethics, and Redemption,” in the University of Cincinnati Law Review. The article was reviewed in The Hitchhiker’s Guide to Corporate Governance

Several professors, including Profs. Michael Asimow, Eric Goldman, Don Polden, and Tseming Yang, presented at the 2022 AALS Annual Meeting; and Profs. Eric Goldman and David Sloss will serve on AALS section executive committees in 2022.

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Eric Goldman

Prof. Eric Goldman presented his forthcoming paper, “The Constitutionality of Mandating Editorial Transparency,” to Stanford’s Cyber Policy Center.  

Prof. Eric Goldman testified before the California Senate Judiciary Committee about how Section 230 limits state law. His testimony.

The Notre Dame Journal on Emerging Technologies published Prof. Eric Goldman’s essay, “The Crisis of Online Contracts (as Told in 10 Memes).” 

On December 7th, the USPTO is hosting a virtual workshop regarding best practices for diversity in innovation, based on the report prepared by Santa Clara Law’s High Tech Law Institute

Prof. Brian J. Love posted, “An Empirical Test of Patent Hold-Out Theory: Evidence from Litigation of Standard Essential Patents.”

Prof. Nicholas Serafin’s paper, “Redefining the Badges of Slavery,” is one of three publications to receive an “honorable mention” at The Association of American Law Schools annual meeting. 

Prof. David Sloss announced the forthcoming publication of his book, “Tyrants on Twitter: Protecting Democracies from Information Warfare.”

Prof. David Sloss released a webinar, “Confronting Disinformation,” on Other Voices TV. 

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Eric Goldman

Publications

Prof. Colleen Chien published “The AIA at Ten - How Much Do the Pre-AIA Prior Art Rules Still Matter?” in the Patently-O Patent Law Journal. 

Lecturer Nicholas Emanuel wrote a Remedies casebook, which is forthcoming in 2022. 

Prof. Brian J. Love published “The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting” in the American Law & Economics Review.

Prof. Tyler Ochoa published “Extraterritorial Application of U.S. Copyright Law in Multinational Litigation” in the Indian Journal of Intellectual Property Law.

Prof. Thiadora Pina published a book “Essential Lawyering Skills: A Companion Guide for Neil W. Hamilton’s ROADMAP.”

Prof. Nicholas Serafin's article “Redefining the Badges of Slavery” is forthcoming in the University of Richmond Law Review. 

Prof. Stephen Smith published “What’s in a Name? Strict Scrutiny and the Right to a Public Trial” in the Idaho Law Review. 

Other News

The Daily Journal interviewed Prof. Michael Asimow regarding his book, Real to Reel

Prof. Eric Goldman’s article “Content Moderation Remedies” was reviewed by Prof. Robert Hillman in Jotwell

Prof. Michelle Oberman received the Faculty Senate Professor Award for outstanding professional achievement.

Prof. David Sloss launched a “Coalition for National Fact-Checking Institute” to advocate for a federal law to address electronic amplification of misinformation. 

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Eric Goldman

In a ranking of “Scholarly Impact of Law School Faculties in 2021,” Santa Clara Law placed #63 in the nation.

Prof. Pat Cain spoke on The Jabot podcast about the book she edited, Paving the Way: The First American Women Law Professors

Prof. Colleen Chien ranked as one of the “20 Most-Cited Intellectual Property Scholars in the U.S., 2016-2020.”

In June, Prof. Stephen F. Diamond presented his “The Myth of Corporate Governance” paper at the National Business Law Scholars Conference 2021. 

Prof. Eric Goldman ranked as one of the “10 Most-Cited Law and Technology Scholars in the U.S., 2016-2020.”

On September 30, Prof. Eric Goldman will discuss his Content Moderation Remedies paper as part of the Leibniz Institute for Media Research's Private Ordering Perspectives speaker series. 

Prof. Brian J. Love published “The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs.” 

Prof. Don Polden published an article titled “Learning Lawyer Leadership from the Military Profession.”

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Eric Goldman

Profs. W. David Ball and Michelle Oberman published the second edition of their Criminal Law Casebook.  

Prof. Eric Goldman was featured in Santa Clara Law’s Research Spotlight.

Prof. Eric Goldman published a primer on the California Privacy Rights Act.

Prof. Eric Goldman published a new edition of his Internet Law Casebook.

President Lisa Kloppenberg was featured in USC Law Magazine’s issue on its “Legacy of Leadership.” 

Prof. Brian Love presented his research on the behavior of standard-essential patent owners at the IP Days 2021 Conference by the Technology & Policy Research Initiative at Boston University.

Prof. Catherine Sandoval did an Energy Bar Association “Energy Exchange” podcast that dives deeply into her research. 

Prof. David Sloss published a book introduction titled “Preserving a Rules-Based International Order.” 

 

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Eric Goldman

Santa Clara Law Review published “Legal Education During the COVID-19 Pandemic: Put Health, Safety and Equity First,” by Profs. Sandoval, Cain, Diamond, Hammond, J. Love, and Smith, and Solmaz Nabipour

Prof. Eric Goldman posted a new essay, “Five Things to Know About Section 230.”

Prof. Kerry Macintosh published a letter in the Journal of Law, Medicine and Ethics regarding Gene Editing Sperm and Eggs for Use in Clinical Trials

Prof. Kerry Macintosh published “Does Mitochondrial Replacement Therapy Violate Laws Against Human Cloning?” in the Loyola of Los Angeles International and Comparative Law Review. 

Research spotlight on Prof. Nicholas Serafin.

Prof. David Sloss’ essay, “Stop Electronic Amplification of Lies,” is being published in the St. Louis University Law Journal. 

Research spotlight on Prof. David Sloss.

 

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Eric Goldman

Prof. Michael Asimow published his book “Real to Reel,” which analyzes over 200 courtroom films. ContractsProf Blog reviewed the book.

Research spotlight on Prof. David Ball.

Prof. Pat Cain did a Tax Notes podcast about “Taxes and the LGBTQ Community.”

Prof. Colleen Chien and her co-authors published a book chapter, “A Tool for Narrowing the Second Chance Gap.”

Prof. Eric Goldman and Jess Miers JD ‘21 posted an essay, “Regulating Internet Services by Size.” 

Research spotlight on Prof. Brad Joondeph.

The Comparative Patent Remedies blog highly recommended Prof. Brian J. Love’s paper, “The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting.”

Prof. David Sloss posted an article, “Sovereignty and National Constitutions,” explaining why many nations’ constitutions contain similar, instead of divergent, provisions.

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Eric Goldman

Prof. Pat Cain published an essay, “The Unfairness of Marriage Tax Penalty.”

Prof. Pat Cain did a Good Law/Bad Law podcast regarding the book she edited, “Paving the Way: The First American Women Law Professors. 

Prof. Colleen Chien has taken on a part-time Senior Counselor role in the U.S. Department of Commerce. 

As part of  a University of Illinois Law Review symposium, Prof. Eric Goldman reviewed tech policy in the first 100 days of the Biden administration.

As part of  a University of Illinois Law Review symposium, Prof. Deep Gulasekaram reviewed immigration policy in the first 100 days of the Biden administration

Research Spotlight on Prof. Deep Gulasekaram.

President Lisa Kloppenberg’s research was cited by the Illinois Supreme Court. 

Prof. Brian Love and his co-authors published “The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting” in the American Law and Economics Review. 

Research Spotlight on Prof. Michelle Oberman.

Prof. Don Polden’s research was cited by the Pennsylvania Supreme Court

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Eric Goldman

The book, “Paving the Way: The First American Women Law Professors,” which Prof. Pat Cain edited, is now available for order. 

Prof. Colleen Chien talked about her "second chance gap" work on the Center for American Progress Action podcast. 

Prof. Eric Goldman has posted a new paper, “Content Moderation Remedies.” 

On the ContractsProf Blog, Prof. Jeremy Telman (Oklahoma City Law) reviewed Prof. Eric Goldman’s essay, “The Crisis of Online Contracts (as Told in 10 Memes)." 

Prof. Kerry Macintosh was featured in Santa Clara Law’s first Research Spotlight

Prof. Tyler Ochoa explained the recent Supreme Court ruling in Google v. Oracle

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Eric Goldman

Recent Works

Senior Fellow Michael Asimow and co-author Jessica Silbey released the 3rd edition of their “Law and Popular Culture” coursebook. 

Legal writing instructor Brit J. Benjamin published “Ectogenesis: Is There a Constitutional Right to Substrate-Independent Wombs?” in the University of Maryland Law Journal of Race, Religion, Gender & Class.

Prof. Eric Goldman published an essay, “The Crisis of Online Contracts (as Told in 10 Memes).”

Prof. David Sloss organized a symposium on “The Biden Administration and the International Legal Order.” 

 

Other News

On April 8, UC Berkeley School of Law is celebrating a new book, “Paving the Way: The First American Women Law Professors,” edited by Prof. Pat Cain

A review of Prof. Colleen Chien’s article, “America’s Paper Prisons: The Second Chance Gap,” says it “makes wide-ranging contributions to the field of criminal record relief.”

A TaxProf Blog review of Prof. Bradley Joondeph’s article, “The States’ Multiple Taxation of Personal Income,” says it provides "an excellent overview of the state of the law."

Coverage of the work by Profs. Michelle Oberman, W. David Ball, and Mike Flynn to develop their open, collaborative Criminal Law casebook

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Eric Goldman

 

Recent Law Review Articles/Book Chapters

Prof. Sue Guan published an article, "Benchmark Competition," in the Maryland Law Review.

Prof. Bradley Joondeph published an article, “The States’ Multiple Taxation of Personal Income,” in the Case Western Reserve Law Review. 

Prof. Catherine Sandoval has a forthcoming book chapter, “Connect the Whole Community: Leadership Gaps Drive the Digital Divide and Fuel Disaster and Social Vulnerabilities.”

 

Other Research Projects

Prof. Colleen Chien launched a new project, the Paper Prisons Initiative, to help Americans who have unfairly restricted access to employment, housing, voting, and more because of their prior involvement with the criminal justice system. 

Students from Prof. Colleen Chien's patent law course filed comments on the USPTO's “National Strategy for Expanding American Innovation.” 

 

Faculty Recognition

Prof. Eric Goldman was named a 2021 Knight Visiting Scholar. In that role, he will help organize a conversation about the Internet, democracy and society.

ADR Times named Provost Lisa Kloppenberg’s Resolving Disputes casebook as one of its “10 Best Mediation Books of All Time.” 

For the book’s 25th anniversary, NYU Press is re-releasing Privilege Revealed by emerita professor Stephanie Wildman and featuring a contribution from Prof. Margalynne Armstrong. The Women’s National Book Association's interview with them.

 

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