A Phi Beta Kappa graduate of the University of Michigan in psychology and history, Professor David Levine also studied at University College, University of London on the London Exchange Fellowship, researching in the area of developmental psychology. He graduated from the University of Pennsylvania Law School, where he was an editor of the law review and a legal writing instructor.
Before joining the UC Hastings faculty in 1982, Professor Levine lived in New Orleans while serving as a law clerk to Judge Alvin B. Rubin of the US Court of Appeals for the Fifth Circuit and was also an associate in the litigation department of Morrison and Foerster in San Francisco. He served as Associate Academic Dean from 1989-1991 and, for several years, was the advisor for the Civil Litigation Concentration.
He is coauthor or coeditor of seven books, including Remedies: Public and Private and California Civil Procedure, as well as the author of articles on civil procedure, torts and institutional reform litigation. He has served as the Reporter for the District of Nevada's Committee on the Implementation of the Civil Justice Reform Act and as a research analyst for the Northern District of California's Early Neutral Evaluation Program.
Professor Levine has spent semesters as a visiting professor at Leiden University in the Netherlands, St. John's University and New York Law School. He has also taught short courses six times in Italy and England.
Areas of Expertise (4)
Federal Civil Procedure
California Civil Procedure
Institutional Reform Litigation
University of Pennsylvania Law School: J.D., Law 1978
University College: London Exchange Scholarship, Developmental Psychology 1975
University of Michigan, Ann Arbor: A.B., Psychology and History 1974
- State Bar of California : Member
- U.S. Court of Appeals for the Fifth Circuit : Member
- U.S. Court of Appeals for the Ninth Circuit : Member
- U.S. District Court for the Northern District of California : Member
- American Law Institute : Member
- Law and Society Association : Member
Media Appearances (8)
Police pursuits with fatal consequences point up differing policies
Fox KTVU online
UC Hastings Law Professor David Levine said in the past decade, many police departments have made their pursuit policies more strict. Levine said chases are risky and can also be expensive if innocent bystanders are hurt or killed. “There is a risk of liability. There is a risk that the victims will come around and sue the department and say the officers acted recklessly or negligently and put the public in danger,” Levine said...
Uber fined $7M for keeping info from California regulators
Fox KTVU online
"The requirement of reporting information is well within the discretion of the Commission," said David Levine, a UC Hastings law professor, who tells KTVU that the CPUC is collecting data necessary to determine whether there is any discrimination in ride-sharing services based on customer disabilities or neighborhood. "Apparently the other companies, Lyft and other competitors have complied," Levin [sic] said, adding that the $7.3 million dollar fine and the judge's order that Uber suspend operations are efforts to get the ride-sharing company to procure the requested data...
U.S. Supreme Court Strikes Down Bans on Same-Sex Marriage
On Friday, the U.S. Supreme Court made history by ruling that the Constitution guarantees the right to same-sex marriage nationwide. Gay men and women "ask for equal dignity in the eyes of the law," wrote Justice Anthony Kennedy in the majority opinion. "The Constitution grants them that right." San Franciscans waving rainbow flags outside City Hall tearfully hugged each other after hearing the news, which came right before the San Francisco Pride Celebration and Parade weekend. We discuss the 5-4 decision and what this means for the country.
Supreme Court Clears the Way for Same-Sex Marriage in California
On Thursday, the U.S. Supreme Court upheld a contentious portion of the Affordable Care Act dealing with subsidies. The 6-3 vote was a key win for the Obama administration, thus allowing it to continue offering tax subsidies not just in states with their own health insurance exchanges, but also in states where the insured rely on the federal government exchange.
Health-Law Challenger’s Standing in Supreme Court Case Is Questioned
The Wall Street Journal online
David Levine, a professor at the University of California Hastings College of the Law, said new questions about the plaintiffs’ legal standing wouldn’t prevent the Supreme Court from reaching the merits of the case, so long as one of the four challengers has a valid legal claim for it to proceed. He added, “If you can’t find better plaintiffs than these people, it does show you how hard it is to find someone who is genuinely hurt.”...
Twist in Obamacare Supreme Court case: Weak plaintiffs
Yahoo! News online
But the justices read the newspapers and are most likely aware of the standing controversy even though it’s conspicuously absent from the briefs. “I would be surprised if somebody doesn’t raise it,” said David Levine, professor at UC Hastings College of Law. “Roberts has always been very strict on standing,” said Chemerinsky, referring to Chief Justice John Roberts. “The conservatives tend to be stricter on standing than the liberals.” If the justices decide the plaintiffs lacked standing, they would most likely dismiss the case as improvidently granted, which means King v. Burwell would be over for now, and opponents of the health care law would need to come up with a new challenge...
An Ode to Obamacare
The New York Times online
Comments by some of the plaintiffs did suggest that they experienced serious pain over the fact that Barack Obama is president. “... When he was elected, he got his Muslim people to vote for him, that’s how he won,” one told Facebook. “These are the best they can do?” asked David Levine, a professor at the University of California Hastings College of the Law. Wow. Obamacare must be the greatest law in the history of ... laws...
Analyst: Facebook Likely Pleased with Testimony
Associated Press online
David Levine, a University of California law professor, says Facebook headquarters will likely say "mission accomplished" following CEO Mark Zuckerberg's first day of testimony on Capitol Hill. (April 10)
Event Appearances (5)
Accessing Civil Justice
Chair and Discussant Honolulu, HI
Declaratory Relief After MedImmune
Lewis & Clark School of Law Portland, OR
Public School Assignments After Parents Involved
University of Akron School of Law Akron, OH
The Future of Public School Assignments: The San Francisco Experience
University of Florida School of Law Gainesville, FL.
Reparations for Slavery: U.S. Litigation Alternatives
University of Windsor School of Law Windsor, ON
Selected Articles (5)
Remedies: A Course Fit for Civil Procedure TeachersSt. Louis University Law Journal
This essay describes some examples of how those with a background in the course in Civil Procedure can use that experience in teaching at least portions of Remedies.
Public School Assignment Methods After Grutter and Gratz: The View from San FranciscoHastings Constitutional Law Quarterly
A few years ago, I chronicled my experiences and reflections as co-counsel in Ho v. San Francisco Unified School District. This suit, filed in 1994, challenged the constitutionality of a 1983 consent decree, which had been the basis for settling a race discrimination case the San Francisco Branch of the NAACP had brought in 1978 against the San Francisco Unified School District...
Reparations for Slavery: A Structure for Discussion and Consideration of U.S. Litigation AlternativesWindsor Yearbook of Access to Justice
This discussion paper begins with commentary on the ideas of Posner and Vermeule. These authors focus on possible theories justifying reparations. They then examine limitations that the US Constitution might impose on any reparations plan. Finally, Posner and Vermeule consider some design alternatives regarding reparations schemes. The discussion paper then analyzes various claims for reparations. The paper suggest that claims for reparations, if properly structured, may have a measure of success in state courts.
Thoughts on Teaching Remedies from a Public Law PerspectiveBrandeis Law Journal
I teach remedies from a public law perspective. Not surprisingly, this orientation is reflected in the book I helped to prepare. For the purposes of the first part of this short discussion-generating paper, I think I can best describe my orientation to teaching the course by illustrating how that philosophy plays out in the casebook and in the classroom. For the second part of this brief paper, I want to highlight a remedies-related case in which I have been deeply involved in San Francisco, and to discuss how I have tried to use the case in my teaching...
Compensation for the Fear of Contracting Asbestos - Related Diseases - Critical Reflections on an Important US Supreme Court Decision and Its Relevance for EuropeEuropean Review of Private Law
As exposure to asbestos has been recognised äs an important health problem, many potential viclims of asbestos-related diseases have commenced law suits. This article concentrates on the question of compensation for any alleged mental distress, i.e., damage to the psyche. The question of whether to compensate for this type of damage has long been controversial in the law; Claims for the fear of conlracting asbestos-related diseases are no exception. The article discusses the patterns which emerge from cases from courts in many countries, in particular a fairly recent (July 1997) decision from the Supreme Court of the United States, which handles the issue in an overly harsh manner. The article concludes that European courts can handle the legal problems which will arise under traditional concepts of tort law. For the Netherlands there is some evidence that such a claim will be considered favourably. Despite the apparent novelty of these Claims, there is no need for courts to develop artificial rules of liability to handle them.