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.



Faculty Coaches Lead Honors Moot Court Teams to Successful Year

Faculty coaches led students to success in five separate moot court competitions this year:

1. Appellate Lawyers Association Moot Court Competition, Chicago, IL (Fall 2016)

· Jesse Prieto, Brittany Rodriguez & Keith Gallarzo – Coach Robert Molko

2. National Juvenile Law Moot Court Competition, Costa Mesa, CA (2 teams) (Spring 2017)

· Andre Clarke & Melissa Padilla – Coach Monica Todd

· Laura Mergenthaler and Anahi Millot – Coach Elizabeth Jones

o 2nd Place Best Brief Award

3. Rendigs National Products Liability Moot Court Competition, Cincinnati, OH (Spring 2017)

· Kyle Case & Steve Kim – Coach Paula Manning

o Finalist – Runner Up (2nd place overall)

4. Asylum & Refugee Law Moot Court Competition, Davis, CA (Spring 2017)

· Jennifer Pyka & Luz Ayala – Coach Cheyanna Jaffke

o Best Brief Award

o Quarter Finalist

5. The Jerome Prince Evidence Moot Competition, Brooklyn, NY (Spring 2017)

· Keith Gallarzo & Ruby Becker – Coach Robert Molko

o Quarter Finalist

Robert Molko Participates as Panelist on Emerging Technology and Privacy Conference

Professor Robert Molko participated as a panelist on October 30 at a California State Bar Conference on Emerging Technology and Privacy Conference at the UCI Beckman Center of the National Academies of Sciences & Engineering. The program focuses on the intersection of law and technology, and specifically on the description, implementation and use of new and emerging surveillance technologies by government agencies and the applicable legal and technological restrictions. The conference featured experts on law, policy and technology, with the target audience consisting of lawyers, government officials, law enforcement personnel, engineers, technologists, and others. Professor Molko’s panel addressed “Drone Technology, Existing Law, and Privacy Concerns” and included UCI Dean Erwin Chemerinsky and Professor Gregory S. McNeal of Pepperdine University School of Law.

Robert Molko Publishes on Unintended Creation of Statute of Limitations for Murder

Professor Robert Molko’s article, “The Law of Unintended Consequences Strikes Again:  Does Murder Have a Statute of Limitations Now? The Sky Will Fall Unless the Supreme Court Changes Its Interpretation of the Right of Confrontation,” just published in the Drake Law Review, argues that The Supreme Court’s latest interpretation of the Sixth Amendment of the U.S. Constitution will lead to the creation of a statute of limitations tied to the life of the autopsy pathologist, because it will not be possible to prove the cause of death in murders once the pathologist dies, or is otherwise legally unavailable. 63 Drake L. Rev. 527 (2015).  The article further argues that the Court will have to significantly change its interpretation in order to avoid this unintended consequence that would be contrary to the long-held common law doctrine that no statute of limitations exists for murder.

Robert Molko Leads Team to Success at Chicago ALA Moot Court Competition

Professor Robert Molko led a team of students to a very successful run in the Chicago Appellate Lawyers Association (ALA) Competition the weekend of November 8. Kylie Starr, 2L, Lynet Shigg, 2L and Alex Shaaban, 2-3L, won numerous awards in the competition, including Second Place Team Overall in the competition; Alex Shaaban: Second Best Oralist Overall in the competition, First Best Oralist in the semifinals and First Best Oralist in the preliminary rounds; Kylie Starr: Second Best Oralist in the Semifinals. The competition took place at the federal courthouse in Chicago, Illinois, and each of the final and semifinal judging panels included two judges from the Illinois Court of Appeals. The fact pattern involved CIA employees leaking confidential information to foreign entities; and the issues involved the questioning of a CIA employee without giving him his Miranda rights, for the sake of national security interests, and the meaning of a code word used by the CIA co-conspirators. The team’s impressive performance led the president of the Illinois Appellate Lawyers Association to invite Western State back next year.