In the News



David Kirp Argues for Race-Conscious Admissions

San Francisco Chronicle, May 31, 2009 by David L. Kirp
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/31/ING317S58S.DTL&type=printable

All the research tells the same story: Expectations are crucial. Advise minority students with comparatively weak paper records that they have a decent shot at succeeding, enroll them in highly demanding schools, and they’re more likely to thrive than if they’re fed an intellectual diet of pabulum.


Melissa Murray and Jesse Choper Deflect Criticisms of Sotomayor

San Francisco Chronicle, May 29, 2009 by Carolyn Lochhead
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/29/MNGF17SNET.DTL&type=printable

“She has sterling credentials,” Murray said. “She’s incredibly smart, she’s incredibly fair. I think she takes every case on its merits. She’s very rigorous in researching cases and she applies the law. The idea of her as an activist is absolutely ludicrous. In my time with her, I’ve never seen anyone more sensitive to what the law in our circuit actually required.”

Jesse Choper, a UC Berkeley constitutional law professor, said Sotomayor might take back her Berkeley words if she could, saying they were inelegantly put. “But having said that,” Choper said, “every Supreme Court justice, every human being, is the product of their own experience, their own education, their own background, their own values.”


Rick Frank Takes a Sober View of Sotomayor’s Environmental Record

Daily Journal, May 29, 2009 by Lawrence Hurley
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

Taken with the other cases she either wrote or voted on, Frank added, the decision indicates she is “a moderate judge who takes each of these environmental cases as she finds them.”


Chris Hoofnagle Criticizes Ruling against LifeLock’s Fraud Alert Service

Wired, May 27, 2009 by Kim Zetter
http://www.wired.com/threatlevel/2009/05/lifelock/

Chris Hoofnagle, director of information privacy programs for the Berkeley Center for Law and Technology, says the ruling is a disappointment. “The idea that we could some day see a market where we pay $10 a month to a company to opt us out of junk mail, to monitor our credit, to do all sorts of privacy-enhancing steps that we don’t have time to take … for that market to emerge, LifeLock’s business model and similar ones have to be legal,” Hoofnagle says.


Jesse Fried Thinks Psystar’s Bankruptcy Foils Apple’s Lawsuit

CNET News.com, May 27, 2009 by Erica Ogg
http://www.zdnetasia.com/news/business/0,39044229,62054386,00.htm?scid=rss_z_nw

“The bankruptcy court may say this company (owes) Apple US$10 million. But that doesn’t mean Apple will get that money,” said Fried. “They’ll be treated like an unsecured creditor.… They (probably) hope to have Apple’s suit quickly resolved, have the dollar amount figured out, and pay Apple only a fraction of the dollar amount determined by court.”


Maria Echaveste Offers Her Impression of Sonia Sotomayor

The Washington Post, May 27, 2009 by Maria Echaveste
http://www.washingtonpost.com/wp-dyn/content/article/2009/05/26/AR2009052601170_pf.html

Even if she is not a governor or an elected official, she is someone who has a breadth of life experience that can only inform her interpretation of the Constitution. Her story is the quintessential American success story, built on hard work, and exemplifying values that conservatives have at times tried to claim as their own—which, of course, they are not.


Dan Farber Says Sotomayor’s Cost-Benefit Ruling Bodes Well for Environmentalists

The New York Times, May 27, 2009 by Alex Kaplun
http://www.nytimes.com/gwire/2009/05/27/27greenwire-enviro-groups-like-what-they-see-in-obamas-just-6076.html?pagewanted=print

“This was considered a defeat for environmentalists and a victory for advocates of cost-benefit analysis,” Dan Farber, an environmental law expert at the University of California, Berkeley, wrote yesterday on his blog, Legal Planet. “Although Scalia claims to believe in following statutory language to the letter, Sotomayor’s interpretation clearly was more faithful to the statute’s demand that EPA’s standards ‘reflect the best technology available for minimizing adverse environmental impact.’”


Joan Hollinger Believes California’s Gay Marriages Can Set Positive Examples

Los Angeles Times, May 27, 2009 by Carol J. Williams
http://www.latimes.com/news/local/la-me-prop8-island27-2009may27,0,1635113,print.story

“One role that the 18,000 couples will play, whether they want to play it or not, is exemplars of how the world won’t come to an end,” said UC Berkeley law professor Joan Hollinger. Now that the state’s legal issues have been addressed on Proposition 8, the proponents of equal marriage rights for gays can take up the issue at the federal level, where the constitutional guarantee of equal protection under the law can be addressed, Hollinger said.


Jesse Choper Explains Impact of Prop 8

-KRON-TV, May 27, 2009 by Mark Jones
http://serve.castfire.com/video/101413/101413_2009-05-27-004144.mp4

“The pro-gay rights people are going to have a constitutional amendment to be put on the ballot, a ballot proposition amending the constitution and changing what Proposition 8 did.” Professor Choper says opponents could back to polls, too, and try to throw out the 18-thousand gay marriages. “They could do what they failed to do with this initiative and that was to make perfectly clear that there shall be no gay marriage recognized in the state of California, whether it was consummated before or after.”

-CHQR-AM, The Rutherford Show, May 27, 2009 Host Dave Rutherford
http://radiotime.com/program/p_1403/Dave_Rutherford_Show.aspx

The California Supreme Court held that sexual preference is a specially-protected class under the California constitution. Proposition 8 didn’t change that. It simply said … that the special protection does not include the M word, marriage. They still have rights under California Domestic Partnership law, which gives them a substantial number of rights of married couples…. So, this doesn’t mean that all of a sudden California could turn around and say that gays have no special rights under the constitution. That’s not what they did. This was a very narrow and limited denial of a certain aspect of the right.


Goodwin Liu and Jesse Choper Analyze Prop 8 Ruling

Los Angeles Times, May 27, 2009 by Maura Dolan
http://www.latimes.com/news/local/la-me-gay-marriage27-2009may27,0,1949011,print.story

UC Berkeley constitutional law professor Goodwin Liu said the ruling shows “the court continues to be very deferential to the processes of direct democracy in California.”

Jesse Choper, a professor of constitutional law at UC Berkeley, said the court’s ruling means that voters may take away individual rights “in a limited fashion” and that the scope of the measure will determine whether it is permissible. “The court wasn’t happy about this. Proposition 8 changed their opinion” last year that gave gays and lesbians marriage rights, he said. “The justices stood up and said, ‘OK, people have the right to do so, and it is not a revision because it is limited in scope.’ “


Melissa Murray Recounts Clerkship with Sotomayor

-The New York Times, May 26, 2009 by Sheryl Gay Stolberg
http://www.nytimes.com/2009/05/27/us/politics/27websotomayor.html?pagewanted=all

Melissa Murray, who worked for the judge from 2003-4 … recalled going to a Yankees game with Judge Sotomayor. The judge, a Yankees fan, bought tickets in the bleachers, which Ms. Murray said the judge preferred as a more “authentic experience,” and she appeared to be known to several in the crowd. “We were on the way to the bleachers and people were, like, ‘Judge! Judge!’ ” Ms. Murray recalled. “She is really well known in the South Bronx and kind of a role model in the community.”

-Daily Journal, May 27, 2009 by Lawrence Hurley
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

Melissa Murray … who clerked for Sotomayor from 2003 to 2004, described the nominee as “incredibly smart and unfailingly rigorous in her research.” Murray said Sotomayor’s five years as a federal trial judge in the Southern District of New York following her appointment by Republican President George H.W. Bush helped shape her approach to cases, as did her five years as an assistant district attorney in Manhattan from 1979 to 1984. “As a former trial court judge, she felt it was important to understand what had happened in the trial court below,” Murray said.


Eric Rakowski Criticizes Daily Cal Editorial on Professor Yoo

The Daily Californian, May 26, 2009 by Eric Rakowski
http://www.dailycal.org/article/105774/editorial_regarding_yoo_is_problematic_and_uninfor

The Daily Cal’s editors seem to be recommending a prolonged leave with pay for Professor Yoo…. But how could the campus justify spending hundreds of thousands of dollars in this way, especially in lean times? Professor Yoo’s teaching and service have always been above reproach. His advanced civil procedure course for fall 2009 is currently oversubscribed, with 123 students enrolled and more on the wait list. It is doubtful that the Law School could find an equally able instructor to replace him this late in the planning cycle, and hiring a visitor, even if possible, would be quite costly.


Jesse Choper, Goodwin Liu, and Herma Hill Kay Affirm Legality of State’s Same-Sex Marriages

-Legal Pad Blog, May 26, 2009 by Petra Pasternak
http://legalpad.typepad.com/my_weblog/2009/05/prop-8-stands-but-what-about-the-18k-marriages.html

“There is absolutely no distinction in the law’s eyes between those gay married couples and heterosexual married couples,” constitutional law scholar Jesse Choper said. “They have exactly the same rights,” he said, at least under California law.

It’s probably a bittersweet outcome for those lucky 36,000 people, says Goodwin Liu, a constitutional and civil rights professor. “The upholding of Prop 8 means they are viewed as an exception rather than the rule, and that’s often an uncomfortable position to be in.”

Those who didn’t marry in that window continue to have the same legal rights and obligations they’ve always had under the domestic partnership laws, said Herma Hill Kay, who teaches family law. Those include rights to property, inheritance, and all “the tangible aspects of married life.”


María Blanco Discounts Criticism of Judge Sotomayor

-KQED-FM, Forum with Michael Krasny May 26, 2009 Host Michael Krasny
http://www.kqed.org/epArchive/R905260900

“Nobody has pointed to any opinion where she has been activist. I think the one thing that everybody points to is one line and one speech…. She was under consideration by President Bush, she sided often with Republican appointees in the Second Circuit … so I would not at all jump to that conclusion.”

-KGO-TV, May 26, 2009 by Mark Matthews
http://abclocal.go.com/kgo/story?section=news/politics&id=6833290&pt=print

“I think that she’s saying something that everybody knows, and she’s being candid,” said Maria Blanco from UC Berkeley Law School. “I think what she’s saying in that comment, is that it’s good to have somebody on the bench that knows that element.”

-KPIX-TV, May 28, 2009 by Joe Vasquez
http://cbs5.com/video/?id=50694@kpix.dayport.com

“The minute somebody mentions race, we all go a little crazy.” Maria Blanco is Director of the Institute of Race and Ethnicity at UC Berkeley’s Law School. She says you have to look at the context of the speech. Sotomayor was advocating for a more diverse judiciary because many of the issues that come before the courts have to do with women and people of color. “She’s really saying race matters. And ‘race matters’ is not the same as being a racist. Saying race matters is saying look at the reality of our world, still today, you know, in 2009, in spite of how far we’ve come.”


Rachel Moran Vouches for Sotomayor

-Contra Costa Times, May 26, 2009 by Matt O’ Brien
http://www.contracostatimes.com/search/ci_12453948?IADID=Search-www.contracostatimes.com-www.contracostatimes.com

“My recollection is she gave a very polished and elegant speech,” Moran said. “It was warmly received and well-regarded.” Moran said the remarks drew applause and were characteristic of a judge she knows to be funny, direct and smart. “She’s someone who really thinks deeply. She has that broader perspective and the longer view,” Moran said. “She’s not ponderous. She’s not going to be on a soapbox. But she’s very thoughtful.”

-The Huffington Post, May 26, 2009 by Bella DePaulo
http://www.huffingtonpost.com/bella-depaulo/more-about-sonia-sotomayo_b_207937.html

She has a keen intellect, an articulate voice, and a sense of humor (though this is not usually mentioned in the press coverage). I think she will be a formidable presence on the Court, who will be a lively, engaging, and challenging colleague for the other Justices.

-The New York Times, May 30, 2009 by Laurie Goodstein
http://www.nytimes.com/2009/05/31/us/politics/31catholics.html?sq=Berkeley&st=nyt&scp=7&pagewanted=print

“In law school, it was very clear she was committed to serving the community and using the law as an instrument of service to the greater good,” said Rachel Moran, a professor at the University of California Berkeley School of Law who is on leave to help establish a law school at the University of California, Irvine. “That’s a mark of religion, even if she didn’t say so.”


Jonathan Simon Says Life Sentence for Murder is a Powerful Deterrent

Oakland Tribune, May 26, 2009 by Paul T. Rosynsky
http://www.insidebayarea.com/oaklandtribune/localnews/oakland-homicides-2008/ci_12452840

“The good news is we have always known that murderers have a low rate of recidivism,” Simon said. “There is something that gets their attention after they are convicted to a life sentence.” These prisoners often mentor others while sharing a jail cell, Simon said…. “People have this extraordinary ability to be optimistic, while they are aware of the large amount of people that are denied parole, they believe that if they can get that college degree, or complete that one program, they are going to get lucky,” he said.


Ian Haney Lopez Believes Identity Matters in High Court Nominee

The Nation, May 25, 2009 by Ian Haney Lopez
http://www.thenation.com/doc/20090525/following_souter

The central point is not to provide diverse role models, and it’s certainly not to maximize differences of every stripe. The essential thrust of identity politics is to accord special consideration to race, gender and class (plus sexual orientation and disability)—because these constitute core, persistent, unjust hierarchies…. Judge Sotomayor deserves our support not because of who she is but because of what she thinks—especially about the most injurious forms of structural injustice in the United States: race, gender and class.


Pamela Samuelson Questions Proposed Google Book Deal

Computer World, May 24, 2009 by Nancy Gohring
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9133458

Pamela Samuelson … argues that the proposed settlement is in essence a way to monetize so-called orphan works, and that it is questionable whether the deal represents the best interests of the authors of such works.


Stephen Barnett Looks Beyond Supreme Court Nominations

The Recorder, May 22, 2009 by Mike McKee
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202430912508

“This may be a rehearsal for future appointments,” Stephen Barnett, the emeritus professor of law at UC-Berkeley School of Law, said Thursday.


Kathryn Baron Talks With Teach For America Founder Wendy Kopp

KQED-FM, Commonwealth Club May 22, 2009 by Kathryn Baron
http://audio.commonwealthclub.org/audio/podcast/cc_20090506_kopp.mp3

“Wendy Kopp was a newly released Princeton graduate. While her classmates were vying for jobs on Wall Street, Wendy was moving into a $500-dollar a month brownstone apartment … with a 26-thousand dollar grant from Mobile Corporation, donated space, and a determination to start a national teacher corps for the country’s most disadvantaged children. With that leap of faith, Teach for America was born.”