In the News



Arctic cooperation is topic in New London

David Caron quoted in The Day, Military News, April 15, 2012

Berkeley Law Professor David Caron, an expert in international law, said the fact that it’s an election year is a “tremendous obstacle” since senators who privately support it may not want to do so publicly.


Stand-your-ground the rule in state, courts affirm

Andrea Roth quoted in San Francisco Chronicle, April 15, 2012

Most states had similar rules until 30 or 40 years ago, when some passed laws barring a claim of self-defense outside the home if the person could have fled safely, said Andrea Roth, a UC Berkeley law professor…. “California’s law perpetuates the old frontier rule,” she said. “This is not some new brainchild of the NRA.”


Serving a public that knows how to copy: orphan works and mass digitization

Pamela Samuelson, Jennifer Urban, Molly van Houweling, Jason Schultz cited in Publishers Weekly, April 14, 2012

-The UC Berkeley Center for Law and Technology (BCLT) is among the most eminent study centers for intellectual property (IP) law. Coordinated by Professor Pamela Samuelson, this last week it pulled together approximately 200 highly accomplished and well-spoken legal scholars, practitioners and librarians in a small conference on orphan works, “Orphan Works and Mass Digitization.”

-Jennifer Urban of BCLT cautioned that we need to evaluate the benefits and costs of diligent search requirements, a likely component of orphan works legislation, against the costs of collective licensing, which is more of a blunt end of the rights hammer, but would obviate the need for individualized search.

-Molly van Houweling observed that we need systems … that actively reward instead of punish efforts that produce information helping to re-unite rightsholders with their works.

-Jason Schultz noted in twitter that the key question was how people and their institutions can be part of this world, and learn to serve publics who know how to copy.


Critics of California stem-cell agency address Institute of Medicine panel

Ken Taymor quoted in Nature News Blog, April 13, 2012

“Even to the extent that there is an opportunity for some real questioning that might occur about the validity of a grant or pursuing a certain program, that just isn’t done,” Taymor said. “There’s too much incentive to [say], ‘Well, I should support this so my disease or pet project will be supported.’”


Shining light into black boxes

Jennifer Urban writes for Science, April 13, 2012

Despite increasing reliance on computing in every domain of scientific endeavor, the computer source code critical to understanding and evaluating computer programs is commonly withheld, effectively rendering these programs “black boxes” in the research work flow.

Shining light into black boxes

Jennifer Urban writes for Science, April 13, 2012

Despite increasing reliance on computing in every domain of scientific endeavor, the computer source code critical to understanding and evaluating computer programs is commonly withheld, effectively rendering these programs “black boxes” in the research work flow.


Jindal Global Law School signs MoUs with the University of California

Christopher Edley quoted in Bar & Bench, April 12, 2012

“This partnership strengthens Berkeley Law’s commitment to tackling complex legal and policy issues across the world. Our public mission demands that we take a global approach in our work, and collaborating with an Indian law school of Jindal’s caliber serves that effort.”

Jindal Global Law School signs MoUs with the University of California
Christopher Edley
quoted in Bar & Bench, April 12, 2012
“This partnership strengthens Berkeley Law’s commitment to tackling complex legal and policy issues across the world. Our public mission demands that we take a global approach in our work, and collaborating with an Indian law school of Jindal’s caliber serves that effort.”

Bo Xilai’s gift to Chongqing: a legal mess

Stanley Lubman writes for The Wall Street Journal, China Realtime Report, April 12, 2012

The problems largely stem from Bo’s “smash the black” campaign, a furious effort to crackdown on corruption and organized crime carried about by former Chongqing police chief Wang Lijun that, by all accounts, involved misuse of both the courts and the police.


How California’s prison population exploded

Barry Krisberg quoted in East Bay Express, April 11, 2012

In the 1990s, the legislature went so far as to officially change the penal code to say that the purpose of prison was punishment — period. “They took rehabilitation out of it entirely,” noted UC Berkeley law professor Barry Krisberg. “So for the past three decades the system has been guided entirely by retribution.”


Uncompromising photos expose juvenile detention in America

Barry Krisberg quoted in Wired, April 11, 2012

“In 2004, it was reported that over one thousand youth had been sexually assaulted by staff in the Texas juvenile justice system,” says Krisberg. “It was the emergence of legislation and scandals simultaneously that had people realizing these systems were unfixable.”


Mr. Speaker, you can save our jobs

Jennifer Granholm writes for POLITICO, April 10, 2012

Boehner has repeatedly hounded the president about an all-of-the-above energy strategy. So it seems weird for Republicans to be picking energy “winners and losers.” How is it that they can vote to extend tax credits for oil but not for wind?


Net metering battle heats up as utilities fear “silent subsidy”

Steven Weissman quoted in PV-Tech, April 10, 2012

“Overall incentives are being reduced,” said Weissman. “I think about a patient in intensive care with tubes, wires, everything is hooked up and the doctor comes in and says I think the patient is doing better, let’s yank them all out! That’s not what they’re going to do, they’re going to pull one plug, ramp down one medicine and see what the impacts are.”


The American nightmare

Aarti Kohli report cited in The News, April 6, 2012

A new report points out that large numbers of US citizens are also getting caught in the dragnet. A study released by the Chief Justice Earl Warren Institute on Law and Social Policy at UC Berkeley School of Law found evidence of wrongful arrests, detentions and strong indications of racial profiling.


Clean up of New York’s bad apples an inspiration to free-thinkers

Franklin Zimring cited in The Sydney Morning Herald, April 5, 2012

Professor Zimring concludes that the police, by inhibiting street crime, inhibited crime generally. They took away a milieu. This had the greatest impact on the greatest source of crimes—criminals coming out of prison—who found their old comfort zones were gone.

Clean up of New York’s bad apples an inspiration to free-thinkers
Franklin Zimring
cited in The Sydney Morning Herald, April 5, 2012
Professor Zimring concludes that the police, by inhibiting street crime, inhibited crime generally. They took away a milieu. This had the greatest impact on the greatest source of crimes—criminals coming out of prison—who found their old comfort zones were gone.

Community profile: Berkeley Law’s student run pro bono program

Susan Schechter quoted in:
-ABA Center for Pro Bono Exchange, Part I, April 4, 2012

The students determine what they want to work on, who they want to partner with and what they want their individual pro bono experience to look like. The more ownership the students have the more they commit to and invest in the outcome of their work.

-ABA Center for Pro Bono Exchange, Part II, April 6, 2012

You have a three year window to work with them, train them and help them find their path. They are eager, hungry and really intelligent. Being able to be a part of their journey, particularly as it relates to providing assistance to those most in need, is really incredible, it is really a gift and an honor.


Pregnancy and science careers

Mary Ann Mason cited in Inside Higher Ed, April 4, 2012

A study conducted by Mary Ann Mason of the University of California at Berkeley documented that of the 61 members of the Association of American Universities (the top elite research institutions), only 23 percent guaranteed a minimum of six weeks paid leave for postdocs and only 13 percent promised the same to graduate students.


Latest round of Yahoo layoffs the most severe

Jason Schultz interviewed on NPR, All Things Considered, April 4, 2012

“Once you start entering into the patent wars, I think it can, in fact, overwhelm your company—even a company like Yahoo.”

Latest round of Yahoo layoffs the most severe

Jason Schultz interviewed on NPR, All Things Considered, April 4, 2012

“Once you start entering into the patent wars, I think it can, in fact, overwhelm your company—even a company like Yahoo.”


Being uninsured is a mandate, too

Jennifer Granholm writes for POLITICO, April 3, 2012

A person without insurance is arguably a disproportionately oversized player in the marketplace of health care, most likely having more impact on commerce — uncompensated care, debt, bankruptcies, collections, cost shifting — than the person with an insurance policy.


Perils of pay for play

Pamela Samuelson quoted in The Deal Magazine, March 30, 2012

“As enthusiastic as I am about copyright reform, I am not so naïve as to think that there is any realistic chance that a copyright reform effort will be undertaken in the next decade by the Copyright Office, the U.S. Congress, or any other organized group,” wrote Pamela Samuelson, a professor at University of California, Berkeley’s Boalt Hall School of Law and a pioneer in digital-copyright law.


Safety nets unprepared for ACO legal barriers

Matt Chayt collaborates on report cited in FierceHealthcare, March 30, 2012

Safety-net providers aren’t prepared for the legal and regulatory barriers that come with accountable care organizations, rating their level of readiness as 4.23 on a scale from 1 to 9 (the most ready), according to a survey by the University of California, Berkeley, School of Public Health and Berkeley Law released this month. Twenty-six providers in Alameda and Orange counties reported challenges with protecting tax-exempt status of participating organizations as a key legal barrier.


What Conservative Legal Revolution?

John Yoo writes for The Wall Street Journal, March 29, 2012

Winning a Senate majority could give Republicans the leverage to moderate Obama’s Supreme Court nominees in a second term. But it cannot override a presidential veto, one sure to greet any bills repealing ObamaCare.