Joshua P. Davis

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

Associate Dean • Full-Time Faculty

(415) 422-6223

Biography

Professor Joshua Paul Davis is the associate dean for academic affairs; in this role he oversees the law school's academic programs and is 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
Prior 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

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
“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.)
Book Contributions
“American Legal Realism and Practical Guidance” in Practical Normativity: Essays on Reasons and Intentions in Law and Practical Reason (Cambridge University Press , forthcoming) (Co-authored with Manuel Vargas.)
“Chapter 11: Indirect-Purchaser Actions” in California Antitrust Law (State Bar of California, Antitrust and Unfair Competition Law Section , Second editionEdition , 2001) (Co-authored with Joseph R. Saveri, Charles Kagay, and Francis O. Scarpulla.)
“Chapter 23: Public Enforcement of California Antitrust Laws” in California State Antitrust and Unfair Competition Law (State Bar of California/Matthew Bender , 2009) (Co-authored with Professor Joshua Davis.)
“Chapter 6: Indirect-Purchaser Actions” in California Antitrust & Unfair Competition Law (State Bar of California, Antitrust and Unfair Competition Law Section , Third edition: 2003, Fourth edition: 2005Edition ) (Co-authored with Joseph R. Saveri and Francis O. Scarpulla.)
Other Publications
Final Report and Recommendations, California Supreme Court Advisory Task Force on Multijurisdictional Practice (Reporter) (January 2002) (The recommendations were adopted by California Supreme Court 2002.)
"An Imbalance of Representation: A Critique of the Antitrust Modernization Commission Recommendations Regarding Civil Remedies in Antitrust Cases," proceedings of the American Antitrust Institute’s First Annual Invitational Symposium on the Future of Private Antitrust Enforcement, Washington, D.C. (December 2007)
"Dagher: An Admirable Exercise in Restraint," 15 Competition 27 (2006). Journal of the State Bar of California Antitrust and Unfair Competition Law Section (Co-authored with Joseph R. Saveri and Peter Leckman.)
Report, "An Evaluation of Private Antitrust Enforcement: 29 Case Studies" (2006) (Report provided to members of the Antitrust Modernization Commission on successful private antitrust class actions. Co-authored with Robert Lande.)
"Proposal: Expected Value Arbitration," Dispute Resolution Alert (JAMS, Spring 2005)
Report of the California Supreme Court Multijurisdictional Practice Implementation Committee: Final Report and Proposed Rule (March 2004) (The report was adopted by the California Supreme Court and the proposed rules became effective November 2004.)
"Statistical Proof," Employment Discrimination Law (BNA, Fourth Edition 2004) (Contributor | Cumulative Supplement)
California Class Action Practice and Procedure edited by Elizabeth J. Cabraser (Lexis, 2003) (Contributing Author)
"Decisions Interpreting California’s Rules of Class Action Procedure," Survey of State Class Action Law (ABA, 2000-2003) (Co-authored with Elizabeth J. Cabraser, William B. Hirsch, Fabrice Vincent, Barry R. Himmelstein and Stephen H. Cassidy. The article was republished in the State Supplement Section in Newberg on Class Actions.)
"Thoughts on Finding the 'Truth,'" The Lawyer (2001)
"Statistical Proof," Employment Discrimination Law (BNA, Third Edition 2000) (Contributor | Cumulative Supplement)
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)" (1998 and 1999). (Co-authored with Elizabeth J. Cabraser.)
Briefs
U.S. Supreme Court , Comcast v. Behrend , brief filed on behalf of the American Antitrust Institute in support of respondents ( October 2012) Read More
California Supreme Court , In re Cipro Cases I & II, brief on the legality under antitrust laws of reverse payments ( 2011) (No. S198616) (Co-authored by Richard Brunell, Albert Foer, and the American Antitrust Institute.)
U.S. Supreme Court , Wal-Mart Stores, Inc. v. Betty Dukes, et al. ( 2011) (No. 10-277) (Co-authored with law and economic professors in support of respondents.) Read More
U.S. Court of Appeals for the Second Circuit , Balintulo v. Daimler , 831 F.2d 196, 60 (2d Cir. 2009) (No. 09-2778-CV) (Co-signer with other civil procedure scholars on brief addressing, inter alia, and collateral order doctrine.)
Supreme Court of California , Ketchum v. Moses , 24 Cal. 4th 1122 ( 2001) (Co-authored with Charles B. Renfrew, Robert J. Nelson, and Caryn Becker. Represented The Bar Association of San Francisco.)
U.S. Court of Appeals for the Eleventh Circuit , Carter v. West Publishing Co. , No. 99-11959-E (11th Cir. 1999) (Co-authored 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.)
U.S. Court of Appeals for the District of Columbia Circuit , Kolstad v. American Dental Association , 527 U.S. 526 ( 1999) (Co-authored with James M. Finberg, Jonathan D. Selbin, and Paulina do Amarai. 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.)
U.S. Court of Appeals for the Fifth Circuit , Allison v. Citgo Petroleum Corp. , 151 F.3d 402 (5th Cir. 1998) (Request for rehearing en banc. Co-authored with James M. Finberg. Represented the National Employment Lawyers Association.)
Court Citation of Research
U.S. Court of Appeals for the First Circuit , AstraZeneca AB, et al., v. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. , U.S. 1st Cir. (2015) (No. 14-1521) (Decision holding that class may be certified even if it contains uninjured members.)
U.S. Court of Appeals for the Third Circuit , Caroline Behren v. Comcast Corporation (2011) (Decision affirmed class certification for antitrust case.)
U.S. Court of Appeals for the Third Circuit , Sullivan, et al. v. De Beers (2010) (Amicus brief on certification of settlement class and approval of class action settlement on behalf of the American Antitrust Institute.)
U.S. District Court, Eastern District of Wisconsin , In Re: Lawnmower Engine Horsepower Marketing & Sales Practices Litigation MDL. (2010) (No. 08–1999)
Presentations
Presenter, “Legal Dualism and Legal Ethics, San Francisco,” Bay Area Legal Ethics Forum, San Francisco, CA (February, 2016)
Panelist, “Settlement Ethics: Negotiating Class Action Settlements the Right Way,” Impact Fund's 14th Annual Class Action Conference, San Francisco, CA (February, 2016)
Moderator, American Antitrust Institute: Private Antitrust Enforcement Conference, National Press Club, Washington, D.C. (November, 2015)
Panelist, “U.S. Supreme Court Preview 2014-15,” Appellate Section of the Bar Association of San Francisco’s Barrister Club, San Francisco, Calif. (October 2014)
Presenter, “Legal Dualism and Legal Ethics, Kansas,” University of Kansas Law, Lawrence, Kan. (September 2014)
Presenter, “Can Competition Concepts Be Made Comprehensible to Juries (and Judges)?,” Stanford University, “Business Behavior and Competition Policy in the Courtroom: Current Challenges for Judges,” Palo Alto, Calif. (August 2014)
Presenter, “Ascertainability and Uninjured Class Members as Growing Threats to Class Certification,” Impact Fund’s 12th Annual Class Action Conference, Oakland, Calif. (February 2014)
Presenter, “Antitrust Implications of a Supreme Court Class Action Trifecta - Amgen, Comcast and Standard Fire,” Bar Association of San Francisco,, “Antitrust & Business Regulation,” San Francisco, Calif. (June 2013)
Panelist, “The Conundrum of Class Settlement Approval: How a Judge Figures Out What’s Really in the Best Interests of the Class,” Northern District of California,, “2013 Judicial Conference,” Napa, Calif. (April 2013)
Panelist, “Class Action and Remedies,” George Washington University Law School Law Review,, “Class Action Symposium,” Washington, D.C. (March 2013)
Presenter, “Class Wide Recoveries,” George Washington University Law School Law Review,, “Class Action Symposium,” Washington, D.C. (March 2013)
Presenter, “The Puzzle of Uninjured Class Members,” George Washington University Law School Law Review,, “Class Action Symposium,” Washington, D.C. (March 2013)
Presenter, “Report on Jury Instructions in Civil Antitrust Cases,” American Antitrust Institute’s Sixth Annual Private Antitrust Enforcement Conference at the National Press Club, Washington, D.C. (December 2012)
Panelist, “Current and Future Trends in Class Actions,” Northern District of California 2011 Judicial Conference, Monterey, Calif. (April 2011)
Panelist, “Unintended Consequences: Are Indirect Purchaser Settlements Over?,” American Bar Association Section on Antitrust Law Spring Meeting, “59th Annual Antitrust Spring Meeting,” Washington, DC. (March 2011)
Presenter, “Market Power in Pharmaceutical and Medical Device Antitrust Cases,” National Association of Attorneys General Pharmaceutical Industry Working Group, Teleconference (January 2011)
Panelist, “Developments in Class Certification,” American Antitrust Institute Fourth Annual Conference at the National Press Club, “Future of Private Antitrust Enforcement,” Washington, D.C. (December 2010)
Presenter, “Class-Wide Recoveries,” Bay Area Civil Procedure Forum, San Francisco, Calif. (December 2010)
Presenter, “The Future of Treble Damages, Joint and Several Liability, Contribution, Claims Reduction, and Prejudgment Interest,” American Antitrust Institute’s First Annual Invitational Symposium on the Future of Private Antitrust Enforcement, Washington, D.C. (December 2007)
Presenter, “Antitrust, Class Certification, and the Politics of Procedure,” UC Hastings, Bay Area Civil Procedure Forum, San Francisco, Calif. (February 2010)
Presenter, “The Inherent Structure of Free Speech Law,” McGeorge School of Law Scholarly Presentation Series, Sacramento, Calif. (February 2010)
Moderator, “Mobilizing Movements: Exploring the Roles of Competing Social Movements in Shaping the Future of Marriage,” University of San Francisco Law Review Symposium, “The Future of Same-Sex Marriage,” (February 2010)
Presenter, “The Legality of Reverse Payments,” American Antitrust Institute's Third Annual Invitational Symposium on the Future of Private Antitrust Enforcement at the National Press Club, Washington D.C. (December 2009)
Presenter, “Ethics in Litigation: Witness Preparation,” University of San Francisco School of Law Intensive Advocacy Program, (June 2009)
Presenter, “Judicial Activism and Judicial Resolution of Contested Facts in Antitrust Cases,” Loyola University Chicago School of Law, Ninth Annual Antitrust Colloquium, Chicago, Ill. (May 2009)
Presenter, “Free Speech in Three Easy Steps: What's the Next Step?,” University of San Francisco School of Law Faculty Teaching and Scholarship Workshop, (February 2009)
Moderator, “Proposed Revisions to the California Rules of Professional Conduct,” University of San Francisco School of Law Center for Law and Ethics, (January 2009)
Presenter, “Judicial Resolution of Contested Facts in Antitrust Cases,” American Antitrust Institute Symposium, “Future of Private Antitrust Enforcement,” Washington D.C. (December 2008)
Presenter, “Ethics Discussion on Proper and Improper Coaching of Witness Testimony (as well as an exercise in the use of expected value analysis in negotiation and mediation),” University of San Francisco School of Law 17th Annual Intensive Advocacy Program, San Francisco, Calif. (May 2008)
Presenter, “Use of Expected Value Analysis in Dispute Resolution,” University of San Francisco School of Law Intensive Advocacy Program, (June 2008)
Presenter, “Expected Value Arbitration,” Annual CPR Meeting, Online, WestLegalEdcenter.com (January 2008)
Moderator, “Inadvertent Disclosure: An Attorney’s Ethical Obligations,” 80th Annual Meeting of the State Bar of California, Anaheim, Calif. (September 2007)
Presenter, “The ABCs of a Successful Plaintiffs’ Antitrust Practice,” Richardson, Patrick, Westbrook & Brickman Symposium on Private Litigation, Charleston, S.C. (April 2007)
Presenter, “No Chance at the Prized Hen: The U.S. Supreme Court Bars Foreign Antitrust Plaintiffs from Bringing Claim Under the Sherman Act and the FTAIA for Independent Adverse Foreign Effects,” Barristers International Practice Section of The Bar Association of San Francisco, San Francisco, Calif. (September 2004)
Presenter, “Legal Dualism and Legal Ethics, London,” International Legal Ethics Conference, London, United Kingdom (July 2014)
Media
"Uber Settlement Blasted by Plaintiffs Lawyers, Drivers", The Recorder, 05/13/2016
"NCAA licensing rights case to turn on short US Supreme Court bench — lawyers", PaRR, 03/16/2016
"Egg Mdl Judge Breaks New Ground In Expert Witness Ruling", PaRR, 02/03/2015
"Dr. Shannon Wheatman to Speak at Judicial Education Event", The Sacramento Bee, 08/25/2014
"The Case of the Moldy Washing Machines, Again", Slate, 02/24/2014
"Q&A: Joshua Davis on Writing Better Jury Instructions", Global Competition Review USA, 12/18/2013
"Mayer Brown Claims Conflict Sours Yogurt Labeling Case", The American Lawyer, The Recorder, The Legal Intelligencer, 06/02/2013
"In Food Fight, Mayer Brown Wants to Purge Plaintiffs Lawyers", The Recorder, 05/31/2013
"Scotus Nixes Class In Comcast Antitrust Case but Leaves Daubert Issue for Another Day", BNA Mergers & Acquisitions Law Report, 04/02/2013
"3-U.S. Supreme Court Rules for Comcast in Class Action", Reuters, CNBC Business News, 03/27/2013
"New Study Takes Aim at Critics of Private Antitrust Enforcement", Thomson Reuters News and Insight Legal, 02/15/2013
"A Touch of Class: Certification, Says One Brief, ‘Is the Ballgame’", ABA Journal, 11/01/2012
"'Pay-for-Delay' Pharma Deals", California Lawyer, 10/01/2012
"Attorney: Judge Going Too Far to Settle San Bruno Fire Case", San Jose Mercury News, San Mateo County Times, 09/07/2012
"Transportation Agency Might Ban Disputed Ads", San Francisco Chronicle, 09/06/2012
Broadcast on class action settlement for LCD products, CBS 5 Eyewitness News, 07/12/2012
"Court Documents Reveal PG&E Likely to Take Hard Line on Issue of Paying Punitive Damages", San Jose Mercury News, 04/23/2012
"CSU Whistle-Blower Loses Job; Accused Teaches On", San Francisco Chronicle, 04/01/2012
"PG&E Seeks to Clarify Legal Position in San Bruno Pipeline Case", San Jose Mercury News, Contra Costa Times, 07/12/2011
"San Francisco May Vote on Banning Male Circumcision", Reuters, 04/27/2011
"San Bruno Blast Lawsuits Headed into Courtroom", San Francisco Examiner, 02/18/2011
"AAI Pushes for Class Certification in Hospital Merger Suit", Law360, 08/13/2010
"Paper Trail: Working Papers and Recent Scholarship", The Antitrust Source, 08/01/2010
"California Cities Get Boost in Price-Fixing Claims Against Wall Street Banks", Daily Journal, 05/06/2010
"CPR News" , Alternatives to the High Cost of Litigation, 04/30/2008
Service
Organizer, University San Francisco School of Law Symposium, "Litigation, Settlement, and the Public Interest: Fluid Recovery and Cy Pres Relief" (2010)
Witness Testimony, "Open Access to Courts Act of 2009," H.R. 4115, House of Representatives, Committee on the Judiciary, Subcommittee on Courts and Competition Policy. (2009)
Organizer, University of San Francisco School of Law Center for Law and Ethics Symposium, "Lawyers, Drugs, and Money: A Prescription for Antitrust Enforcement in the Pharmaceutical Industry". (2009)
Organizer, University of San Francisco School of Law Panel "Civility Matters". (2009)
Organizer, University of San Francisco School of Law and State Bar of California Ethics Symposium "Notoriety - When the Spotlight is on Ethics". (2008)
Organizer, University of San Francisco School of Law Symposium, "The Uncertain Future of Antitrust: Responding to the Antitrust Modernization Commission" (2005)
Organizer, University of San Francisco School of Law Symposium "Soaring Prices for Prescription Drugs – Incentive for Innovations or Antitrust Violations?". (2004)
Organizer, University of San Francisco School of Law Symposium "Mandatory Arbitration Clauses". (2003)
Organizer, University of San Francisco School of Law Lecture "Teaching Values in Law School". (2002)
Organizer, University of San Francisco School of Law Symposium, "Christopher L. Eisgruber's Constitutional Self-Government". (2002)