UCLA Law is excited to welcome three new faculty members, all of whom are jumping into leadership roles and will be teaching this fall. With expertise in areas as varied as torts, civil rights, election law, intellectual property, political economy, technology, and constitutional law, these new community members will be play a big role in the year ahead. Please welcome Joseph Fishkin, Cary Franklin, and Mark McKenna, and get to know each below.
Joseph Fishkin, an expert in election law, constitutional law, and employment discrimination law, has joined the faculty of UCLA Law. Fishkin, author of the award-winning book Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press), will be teaching four courses in the coming year: Election Law, Employment Discrimination Law, a seminar on Direct Democracy, and a Law Through Scholarship course on Law and Economic Inequality.
Fishkin joins UCLA after a decade at The University of Texas School of Law, where he served as the Marrs McLean Professor in Law. He has also been a visiting professor at Yale Law School. Fishkin is a political theorist as well as a legal scholar and often works on questions at the intersection of law, distributive justice, and political economy.
He is the co-author, with Texas Law faculty member (and former UCLA Law professor) William Forbath, of the forthcoming book The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy. The book argues for recovering a tradition of American constitutional arguments against concentrations of economic and political power; it will be published in 2022 by Harvard University Press.
Fishkin’s other writing has appeared in publications such as the Columbia Law Review, the Supreme Court Review, and the Yale Law Journal. He blogs at Balkinization.
Fishkin received his B.A. in Ethics, Politics, and Economics, summa cum laude, at Yale, his J.D. at Yale Law School, and his D. Phil. In Politics at Oxford, where he was a Fulbright Scholar. After law school he clerked for Chief Justice Margaret H. Marshall of the Supreme Judicial Court of Massachusetts and then was a Ruebhausen Fellow at Yale Law School.
Cary Franklin has joined UCLA Law as a Professor in Law and Faculty Director for The Williams Institute. She will be teaching two courses this fall, Reproductive Rights and Justice and Law, Gender, and Sexuality.
Franklin, a leading Constitutional Law scholar, is an expert on civil rights and contemporary legal protections in the contexts of sex, sexual orientation, gender identity, and race. Her 2012 Harvard Law Review article, “Inventing the ‘Traditional Concept’ of Sex Discrimination,” was cited by the Supreme Court in last year’s Bostock decision, which held that Title VII of the 1964 Civil Rights Act protects gay and transgender people.
She joins UCLA after a decade at The University of Texas School of Law, where she was the W.H. Francis, Jr. Professor of Law. She also spent a year as the Florence Rogatz Visiting Professor of Law at Yale Law School.
Franklin’s scholarship has been widely published. In addition to Harvard Law Review, her work has appeared in the Michigan Law Review, the Supreme Court Review, the Virginia Law Review, and the Yale Law Journal, and she was awarded the Kathryn T. Preyer Prize by the American Society for Legal History for 2010’s The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law, in the NYU Law Review.
Her newest article, “Living Textualism,” an analysis of the Bostock decision, will be published in the Supreme Court Review later this year.
Franklin is a summa cum laude graduate of Yale University, from which she received a B.A. in English and History, has a D.Phil. in English from the University of Oxford, where she was a Rhodes Scholar, and earned her J.D. from Yale Law School, where she served as an Articles Editor on the Yale Law Journal. She clerked for Sonia Sotomayor, then of the United States Court of Appeals for the Second Circuit, and was a Junior Fellow at the Harvard Society of Fellows and a Ribicoff Fellow at Yale Law School.
Mark McKenna, an intellectual property and technology law expert who will serve as a faculty co-director of the Ziffren Institute for Media, Entertainment, Technology and Sport Law, will be joining UCLA Law and teaching Torts this Fall.
McKenna, whose core work has been on the subject of trademark law, has focused much of his recent work on design and on questions relating to the boundaries of various forms of intellectual property. He is also working on projects relating to governance of technology, including one that focuses “on the meaning of autonomy in a world of predictive algorithms.”
Professor McKenna comes to UCLA from Notre Dame, where he taught beginning in 2008, most recently holding the title of John P. Murphy Foundation Professor of Law, and where he was the founding director of the Notre Dame Technology Ethics Center, a university-wide multi-disciplinary program. A prolific writer, he is the author of more than 40 articles and book chapters and the textbooks The Law of Design: Design Patent, Trademark & Copyright, and the third, fourth, and fifth editions of The Law of Intellectual Property.
McKenna, once an intellectual property practitioner with the Chicago firm Pattishall, McAulliffe, Newbury, Hilliard & Geraldson, graduated magna cum laude from Notre Dame with B.A. in Economics and received his J.D. from the University of Virginia, where Dean Jennifer Mnookin was his Evidence professor.