On November 14, Professor Cheyanna Jaffke and her research assistant, Brandon Swinford, presented at the 22nd annual AB1058 child support training conference put on by the Judicial Council of California, at the Hyatt Regency Hotel of Orange County. Their presentation with WSCL Alum Diana Renteria was titled, “Where is the money? An exploration of the 2019 Federal Income Tax Laws and the Practical Application in Support Calculations.” Professor Jaffke and Brandon were responsible for providing the nearly 150 attendees with an update on the federal income tax laws.
Professor Jennifer Koh has published, When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement, 96 Wash. U. L. Rev. 337 (2018). The Article explores two of the most common forms of shadow removals (i.e., removals that bypass the immigration courts), expedited removal and reinstatement of removal, and the collision of the two. The Article traces the operation of the two removal processes, both independently and in combination with each other. It emphasizes the harsh statutory bars on judicial and habeas review, and the resulting inability of the federal judiciary to ameliorate the harshness of removal in this context. The Article then suggests that the use of reinstatement based on prior expedited removal orders fails the basic administrative law requirement that federal agencies demonstrate reasoned decision-making and avoid arbitrary or capricious action. Relying on the Supreme Court’s decision in Judulang v. Holder, which applied arbitrary and capricious review in the deportation context, the Article encourages courts to more closely scrutinize the use of reinstatement based on expedited removal.
Professor Kevin Mohr has participated or will participate in eight separate educational programs designed to update members of the California Bar on the extensive changes to the California Rules of Professional Conduct for lawyers that became effective on November 1, 2018. The programs’ sponsors include the State Bar of California, the Los Angeles County Bar Association, the Orange County Bar Association, the Consumer Attorneys of California, the American College of Trust and Estate Counsel, and The Rutter Group publishing house.
Professor Kevin Mohr has been appointed to the State Bar of California’s Task Force on Access Through Innovation of Legal Services. The Task Force is charged with identifying possible regulatory changes to enhance the delivery of, and access to, legal services through the use of technology, including artificial intelligence and the delivery of legal services online. Professor Mohr recently completed work on a multi-year State Bar project as a consultant to and member of the Rules Revision Commission, which resulted in the first comprehensive changes in nearly 30 years to California’s Rules of Professional Conduct for lawyers. The work of the Access to Justice Task Force is scheduled to last until December 2019.
On October 11, Professor Jennifer Koh spoke on a panel entitled, “Bias in and Outside the Courtroom,” which explored implicit bias in the legal profession. The panel was organized by the Orange County Hispanic Bar Association, and was attended by a number of Western State Law students. The other panelists were Judge Elizabeth Macias, Judge Andrew de la Cruz, and attorney Daniel Alexander.
On October 9, Professor Jennifer Koh was featured on the radio show, “Ask A Leader,” aired on KUCI FM and hosted by Claudia Shambaugh. She spoke about Irvine Mayor Don Wagner’s attempt to place discussion of the California Values Act (SB 54), a law that limits local and state law enforcement’s involvement in federal immigration enforcement, on the agenda of the Irvine City Council. The show is available at: http://askaleader.com/?p=1443. Although the Irvine City Council meeting later that day was subsequently cancelled due to lack of a quorum, SB 54 was listed on its agenda for discussion at the time the show was aired.