Joshua P. Davis

Joshua P. Davis

Professor, Director of the Center for Law and Ethics, and Dean's Circle Scholar

Full-Time Faculty

(415) 422-6223

Biography

Professor Joshua Paul Davis was the School of Law's associate dean for academic affairs from 2013-2017, during which he oversaw the law school's academic programs and was responsible for curricular and program developments and implementation. Davis focuses his scholarly research on complex litigation, ethics, and the interplay between the two. As director of the Center for Law and Ethics, he leads panels, organizes symposia, and undertakes research exploring these topics. Davis is active in law reform, serving from 2001 to 2004 as the reporter for the committee that drafted California Supreme Court Rules 964 to 967 on multi–jurisdictional practice and testifying before United States Congress regarding the pleading standard in federal court. Davis also writes extensively about antitrust and free speech law, and is on the board of the American Antitrust Institute.

Education
AB, Brown University
JD, New York University
LLM, Georgetown University
Experience
Law Clerk, Hon. Patrick E. Higginbotham, U.S. Court of Appeals for the Fifth Circuit
Fellow, Center for Applied Legal Studies, Georgetown University Law Center
Visiting Professor, Willamette College of Law
Partner, Lieff, Cabraser, Heimann & Bernstein, LLP
Expertise
Alternative Dispute Resolution
Antitrust
Business - Antitrust
Civil Procedure
Class Actions
Complex Litigation
Constitutional Law
Ethics
Free Speech
Trial Advocacy
Awards & Distinctions

2016 CLAY Attorney of the Year Award in Antitrust

Antitrust Writing Award for article “Defying Conventional Wisdom: The Case for Private Antitrust Enforcement” as the winner of the Academic category, Private Enforcement section, George Washington University Law School (2014)

Jerry S. Cohen Award for Antitrust Writing Finalist, American Antitrust Institute (2008)

Teaching Fellowship, Georgetown University Law Center (1994–96)

Frank H. Sommer Memorial Award, New York University School of Law (1993)

Law Review and Journal Articles
“ Restoring the Legitimacy of Private Antitrust Enforcement,” A Report to the 45th President (2017). SSRN
“Legal Dualism, Legal Ethics, and Fidelity to Law,” Journal of the Professional Lawyer (2017). SSRN
“Writing Better Jury Instructions: Antitrust as an Example ,” 119 West Virginia Law Review (2016). (Co-authored with Shannon Wheatman and Cristen Stephansky) SSRN
“Class-Wide Recoveries,” 82 George Washington Law Review 890 (2014). SSRN
“The Puzzle of Class Actions with Uninjured Members,” 82 George Washington Law Review 858 (2014). (Co-authored with Eric L. Cramer and Caitlin V. May.) SSRN
“Defying Conventional Wisdom: The Case for Private Antitrust Enforcement,” 48 Georgia Law Review (2013). SSRN
“From Four Part Tests to First Principles: Putting Free Speech Law into Perspective,” St. John's Law Review (2012).
“Legality, Morality, Duality,” 2014 Utah Law Review 55 (2014). (Co-authored with Robert Lande.) SSRN
“The Extraordinary Deterrence of Private Antitrust Enforcement: A Reply to Werden, Hammond, and Barnett,” The Antitrust Bulletin (2013). (Co-authored with Robert Lande.) SSRN
“Towards an Empirical and Theoretical Assessment of Private Antitrust Enforcement,” 36 Seattle University Law Review (Spring 2013). (Co-authored with Robert Lande.) SSRN
“A Questionable New Standard for Class Certification in Antitrust Cases,” 26 Antitrust 31 (2011). (Co-authored with Eric L. Cramer.)
“Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws,” 2011 BYU Law Review 315 (2011). (Co-authored with Robert Lande.) SSRN
“Applying Litigation Economics to Patent Settlements: Why Reverse Payments Should Be Per Se Illegal,” 41 Rutgers Law Journal 255 (2010). SSRN
“Antitrust, Class Certification, and the Politics of Procedure,” 17 George Mason Law Review 969 (2010). (Co-authored with Eric L. Cramer.) SSRN
“Government as Patron or Regulator in the Student Speech Cases,” 83 St. John's Law Review 1047 (2010). SSRN
“The Inherent Structure of Free Speech Law,” 19 William and Mary Bill of Rights Journal 131 (2010). (Co-authored with Professor Joshua Davis.) SSRN
“Of Vulnerable Monopolists: Questionable Innovation in the Standard for Class Certification in Antitrust Cases,” 41 Rutgers Law Journal 355 (2009). (Co-authored with Eric L. Cramer.) SSRN
“Of Myths and Evidence: An Analysis of 40 Cases for Countries Considering a Private Right of Action for Competition Law Violations,” (2009). (With Robert Lande.) SSRN
“Benefits from Private Antitrust Enforcement: An Analysis of Forty Cases,” 42 University of San Francisco Law Review 879 (2008). (Co-authored with Robert H. Lande.) SSRN
“Some Scholarly Consensus: Modernization of the Antitrust Laws is Best Left to the Judiciary,” 40 University of San Francisco Law Review 561 (2006). Read More
“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) Read More
“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) Read More
“Expected Value Arbitration,” 57 Oklahoma Law Review 47 (2004). SSRN
“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).
“Arbitration: Trial by Other Means or Settlement by Other Means?,” 38 University of San Francisco Law Review 7 (2003). (Essay | Symposium Issue) Read More
“Taking Uncertainty Seriously: Revising Injunction Doctrine,” 34 Rutgers Law Journal 363 (2003). SSRN
“Virginia v. Black: Toward Neutral Principles?,” 25 Dublin University Law Journal 210 (2003). (Essay)
“Teaching Values – The Center for Applied Legal Ethics,” 36 University of San Francisco Law Review 593 (2002). (Symposium Issue) Read More
“How Democratic is the United States Supreme Court?,” 37 University of San Francisco Law Review 1 (2002). (Symposium Issue) Read More
“Allison v. Citgo Petroleum Corp.: A Noble Retreat,” 9 Class Actions and Derivative Suits 24 (1999). (Co-authored with James M. Finberg.)
“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).
“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). (Co-authored with Adam Winkler.)