Joshua Paul Davis

Josh Davis's SSRN Page

Scholarship-in-Progress:

"An Imbalance of Representation: A Critique of the Antitrust Modernization Commission Recommendations Regarding Civil Remedies in Private Antitrust Cases" (article forthcoming 2008).

"Of Social Facts and Value Judgments: Inconsistency in the Supreme Court’s Approach to Judicial Restraint."

"Of Gaps and Overlaps: Gasoline Products, the Seventh Amendment and Class Certification."

Articles:

"Chimerical Class Conflicts in Federal Antitrust Litigation: The Fox Guarding the Chicken House in Valley Drug," 39 University of San Francisco Law Review 141 (2004) (co-author) (symposium issue).

"Expected Value Arbitration," 57 Oklahoma Law Review 47 (2004).

"Supreme Court Review of the Foreign Trade Antitrust Improvements Act: A Case of a Misleading Question?," 38 University of San Francisco Law Review 431 (2004).

"Efforts to Delay Competition from Generic Drugs: Litigation Along a Seismic Fault Between Antitrust and Intellectual Property Law," 39 University of San Francisco Law Review 1 (2004) (co-author) (symposium issue).

Essay, "Virginia v. Black: Toward Neutral Principles?," 25 Dublin University Law Journal 210 (2003).

Essay, "Arbitration: Trial by Other Means or Settlement by Other Means?," 38 University of San Francisco Law Review 7 (2003) (symposium issue).

"Taking Uncertainty Seriously: Revising Injunction Doctrine," 34 Rutgers Law Journal 363 (2003).

"How Democratic is the United States Supreme Court?," 37 University of San Francisco Law Review 1 (2002) (symposium issue).

"Teaching Values –The Center for Applied Legal Ethics," 36 University of San Francisco Law Review 593 (2002) (symposium issue).

"Toward a Jurisprudence of Trial and Settlement: Allocating Attorney’s Fees by Amending Federal Rule of Civil Procedure 68," 48 Alabama Law Review 65 (1996).

Note, "Cardozo's Judicial Craft and What Cases Come to Mean," 68 New York University Law Review 777 (1993).

"The View from Half-Court," 17 Nova Law Review 799 (1993) (with Adam Winkler).

Amicus Briefs:

Ketchum v. Moses, 24 Cal. 4th 1122 (2001) (with Charles B. Renfrew, Robert J. Nelson, and Caryn Becker) (represented The Bar Association of San Francisco).

Kolstad v. American Dental Association, 527 U.S. 526 (1999) (with James M. Finberg, Jonathan D. Selbin, and Paulina do Amaral) (represented the Lawyers' Committee for Civil Rights Under Law, the National Association for the Advancement of Colored People, the Mexican American Legal Defense and Education Fund, the National Partnership for Women & Families, the National Women's Law Center, the National Organization for Women Legal Defense and Education Fund, and the American Civil Liberties Union).

Carter v. West Publishing Co., No. 99-11959-E (11th Cir. 1999) (with James M. Finberg) (represented the National Employment Lawyers Association, the National Association for the Advancement of Colored People, the Florida State Conference of NAACP Branches, the National Women’s Law Center, the American Jewish Congress, and the Rainbow/PUSH Coalition, Inc.).

Allison v. Citgo Petroleum Corp., 151 F.3d 402 (5th Cir. 1998) (request for rehearing en banc) (with James M. Finberg) (represented the National Employment Lawyers Association).

Symposia Organized:

Symposium: The Uncertain Future of Antitrust: Responding to the Antitrust Modernization Commission, 40 University of San Francisco Law Review 561 (Fall 2005) (participants included Commissioner W. Stephen Cannon, Professors Stephen Calkins, Herbert Hovenkamp, and Robert Lande, and assistant attorneys general Kathleen Foote (California) and J. Thomas Prud’homme (Texas)).

Symposium: Soaring Prices for Prescription Drugs – Incentive for Innovations or Antitrust Violations?, 39 University of San Francisco School of Law 1 (Fall 2004) (participants included Professors Herbert Hovenkamp, Mark Lemley, James Langenfeld, and Cris Leffler).

Symposium: Mandatory Arbitration Clauses, 38 University of San Francisco Law Review 1 (Fall 2003) (participants included Professors Jay Folberg, Jean Sternlight, Stephen Ware, and David Schwartz).

Symposium: Christopher L. Eisgruber's Constitutional Self-Government, 37 University of San Francisco Law Review 1 (Fall 2002) (participants included Professors Rebecca Brown, John Denvir, Roderick Hills, Mark Tushnet, Jeremy Waldron, and Christopher Eisgruber).

Symposium: Teaching Values in Law School, 36 University of San Francisco Law Review 591 (Spring 2002) (participants included Professors Christopher Eisgruber, Joshua Rosenberg, Paul Tremblay, and W. Bradley Wendel).

Other Publications:

"Proposal: Expected Value Arbitration," in Dispute Resolution Alert (JAMS Spring 2005).

Report of the California Supreme Court Multijurisdictional Practice Implementation Committee: Final Report and Proposed Rule (March 2004) (adopted by the California Supreme Court – the proposed rules became effective November 2004).

"Statistical Proof," in Employment Discrimination Law (4th ed. BNA, 2004) (contributor).

Final Report and Recommendations, California Supreme Court Advisory Task Force on Multijurisdictional Practice (Reporter) (Jan. 7, 2002) (adopted by California Supreme Court 2002).

2 California Antitrust Law (2d ed. 2001), State Bar of California, Antitrust and Unfair Competition Law Section (Chapter 11 Indirect-Purchaser Actions) (with Joseph R. Saveri, Charles Kagay, and Francis O. Scarpulla).

1 California Antitrust & Unfair Competition Law (3d ed. 2003), State Bar of California, Antitrust and Unfair Competition Law Section (Chapter 6 Indirect-Purchaser Actions) (with Joseph R. Saveri and Francis O. Scarpulla) and (4th ed. 2005) (Chapter 6 Indirect-Purchaser Actions) (with Joseph R. Saveri).

California Class Action Practice and Procedure (Lexis 2003) (ed. Elizabeth J. Cabraser) (contributing author).

“Decisions Interpreting California’s Rules of Class Action Procedure,” in Survey of State Class Action Law (ABA 2000), republished in Newberg on Class Actions, State Supplement Section (California) (with Elizabeth J. Cabraser, William B. Hirsch, Fabrice Vincent, Barry R. Himmelstein and Stephen H. Cassidy) (2001-02, 2003).

“Thoughts on Finding the ‘Truth,’” The Lawyer (2001).

2000 Cumulative Supplement to Employment Discrimination Law (3d ed. BNA) (Chapter 39, Statistical Proof) (contributor).

“Allison v. Citgo Petroleum Corp.: A Noble Retreat,” 9 Class Actions and Derivative Suits 24 (Winter 1999) (with James M. Finberg).

Semiannual Advanced ALI-ABA Course of Study, "Civil Practice and Litigation Techniques in Federal and State Courts: Current Issues Involving Rule 12(b)(6) and Rule 9(b)," (published in 1998 and 1999) (with Elizabeth J. Cabraser).