Robert Molko Participates in Law Enforcement Use of Force and Liability Conference

Professor Robert Molko was a panelist at the California State Bar’s Law Enforcement Use of Force & Liability Conference at the USC Gould School of Law on June 2.  His panel addressed the criminal and civil liability of officers for the use of excessive force and the most recent 2017 U.S. Supreme Court decisions on the subject, including discussions of qualified immunity and the recent rejection of the Ninth Circuit’s provocation rule.

 

Neil Gotanda Presents at American Bar Foundation Research Seminar

Professor Neil Gotanda presented at the American Bar Foundation Research Seminar Series in Chicago, Illinois, on May 17.  His work in progress is titled Mapping the Muslim Category: an Examination of Race, Identity, Religion and the Black-White Paradigm.  The paper surveys the use of the Muslim Category in the current litigation challenging the Executive Order Muslim Travel Ban and through use of the Muslim Category in constitutional doctrine.  The paper then interrogates the Muslim category in two prevalent framings – race and religion – using Critical Race Theory and Asian American Jurisprudence.  The draft paper is available at the ABF website.

Jennifer Koh Speaks on Scholarship Panel; Presents Article Abstract at Emerging Immigration Law Professors Conference

On May 19, 2017, Professor Jennifer Koh participated in the Emerging Immigration Law Professors Conference at Texas A&M School of Law.  She spoke on a panel addressing Immigration Scholarship in the Trump Era, during which she shared advice on research and writing.  She also presented an early version of a work-in-progress, entitled, “Constitutional Black Holes in Immigration Law:  When Shadow Removals Collide,” and served as a discussant for several colleagues’ works-in-progress.   Her participation in the conference, along with the contributions of numerous attendees, was highlighted on the Immigration Law Professors Blog.

 

Jennifer Koh Publishes in USC Law Review

Professor Jennifer Koh has published, “Removal in the Shadows of Immigration Court” in the Southern California Law Review.  The Article contends that critiques of immigration adjudication are incomplete and understated, because they have failed to account for the following reality: the vast majority of persons ordered removed never step foot inside a courtroom. Even when cases commence before the immigration courts, a substantial number result in removal orders without adjudication of the merits of the case. Removal in what this Article calls the “shadows of immigration court” has far eclipsed standard removal proceedings. The Article provides a descriptive account of five types of removal orders that comprise immigration court’s shadows: (1) expedited removal at the border, (2) reinstatement of prior removal orders, (3) administrative removal of non-lawful permanent residents with aggravated felony convictions, (4) stipulated removal orders following waivers of the right to a court hearing, and (5) in absentia orders for failure to appear in immigration court. The Article identifies several concerns that apply to mainstream immigration court proceedings, and asserts that those critiques are amplified in such shadow proceedings. It concludes by arguing for more sustained inclusion of shadow proceedings in reform proposals directed at improving immigration adjudication.  The citation for the article is Jennifer Lee Koh, Removal in the Shadows of Immigration Court, 90 S. Cal. L. Rev. 181 (2017).

 

 

Monica Todd Presents at Empire State Legal Writing Conference

Professor Monica Todd presented at the Empire State Legal Writing Conference at New York Law School on May 19.  Her presentation, “From Elegy to Euphony:  Helping Students Develop Social Capital to Foster Academic and Personal Success,” prepared in conjunction with Professor Lori Roberts, addressed the opportunity for legal writing professors to help disadvantaged 1L students develop social capital to facilitate academic and professional success.  This presentation acknowledged the existence of social capital as an asset with economic consequences and presented strategies used at Western State to help students develop it.

Neil Pedersen Presents on Running Law Practice, Tips for New Lawyers

On April 22, Adjunct Professor Neil Pedersen participated as a panelist at a workshop at UCLA Law School entitled “The Nuts and Bolts of Opening and Maintaining a Law Office.” Professor Pedersen spoke about a variety of subjects including the decision to open a firm, impediments to expect in the process, business development, and maintaining work-life balance when running a law practice.

On March 4, Professor Pedersen presented “Hit the Floor Running: Practical Tips for the New Lawyer” to attorneys and students attending the event held on the Western State campus. Organized by Assistant Dean of Career Resources Pamela Davidson, the program presented 75 “nuggets of wisdom” for the beginning attorney on a wide range of topics including time management techniques, tips on how to improve oral and written communications, and how to survive and thrive in the practice of law.

Eunice Park Publishes in Hastings Constitutional Law Quarterly

Professor Eunice Park published “The Elephant in the Room: What is a ‘Nonroutine’ Border Search, Anyway? Digital Device Searches Post-Rileyin the Hastings Constitutional Law Quarterly, 44:3 Hastings Const. L.Q. 277 (2017). The article proposes an approach that obviates distinguishing between routine and nonroutine electronic device border searches, and rethinks the applicability in the digital era of notions of ingress versus egress, and imminent versus ongoing crime, in balancing the tension between law enforcement interests and individual privacy rights.