In the News



Jason Schultz Joins Brief Against Righthaven

VEGAS INC, January 13, 2012 by Steve Green
http://www.vegasinc.com/news/2012/jan/13/google-sides-against-righthaven-appeal-copyright-c/

It was joined by the Digital Media Law Project … and several professors who have been critical of Righthaven, including Eric Goldman of the Santa Clara University School of Law and Jason Schultz at the University of California’s School of Law in Berkeley. That friend of the court brief covered longstanding criticisms of Righthaven and its no-warning, mass lawsuit initiative.


Barry Krisberg Laments Dilution of Gun Laws

The Telegraph, January 12, 2012 by Amy Willis
http://tgr.ph/AyGDKA

“There is a pretty strange social movement that basically argues that the more guns carried by the more citizens the better,” Mr. Krisberg said. “I know of no civilized country that would put up with the kind of unregulated gun licensing that is currently in the U.S.”


Eric Stover Faults US Guantanamo Policy

Swiss Public Radio, January 10, by Max Akermann
http://www.drs.ch/www/de/drs/sendungen/echo-der-zeit/2646.bt10207958.html

“Guantanamo is not an election issue at all as most Americans are too worried about jobs and the economy” (paraphrased).


Elisabeth Semel Praises State Public Defender

The Recorder, January 10, 2012 by Cheryl Miller
http://www.law.com/jsp/ca/index.jsp (registration required)

Elisabeth Semel, director of the Death Penalty Clinic at UC-Berkeley School of Law, said Hersek was “very well-respected and well-liked,” and has “brought a certain sense of coherence and consistency and collegiality to that office.”


Nancy Lemon Explains Modern Domestic Violence Laws

SF Weekly, January 10, 2012 by Joe Eskenazi
http://blogs.sfweekly.com/thesnitch/2012/01/ross_mirkarimi_family_matter.php

Lemon says. “A century ago we thought it was a private, family matter. We found a lot of people were hurt―or killed.” Rather than treat domestic violence as a domestic problem, Lemon notes, it is now seen as a crime against the state. That’s why prosecutors can move ahead with charges, even if the alleged victim refuses to cooperate, or even actively opposes the process.


Jesse Choper Scrutinizes New Defense Bill

KSRO-FM, January 10, 2012 Host Tony Landucci
http://www.ksro.com/Programs/KSROAMNews/Interviews/blogentry.aspx?BlogEntryID=10333939

“I think, at a certain point, the Court’s going to have to reconsider whether someone can be held without trial and detained for the duration of the hostilities, no matter how long they last.”


Christopher Edley Examines UC Police Regs

Daily Nexus, January 10, 2012 by Patrick Kulp
http://www.dailynexus.com/2012-01-10/hearing-inspects-systemwide-uc-police-protocol/

UC General Counsel Charles Robinson, UC Berkeley School of Law Dean Christopher Edley, Jr., and a team of law enforcement experts are reviewing UC police regulations relating to demonstrations and will submit recommendations to unify the policies. The results are expected to be released in March.


John Yoo Reviews Books on Justice in War

The Wall Street Journal, January 6, 2012 by John Yoo
http://online.wsj.com/article/SB10001424052970204720204577128610335846568.html?KEYWORDS=Berkeley

War is either such an evil in itself that the United States should withdraw from its dominant world position or greater causes—such as advancing human freedom—can make war necessary.


Alan Auerbach Studies Impact of Fiscal Policy on US Economy

-The New York Times, January 6, 2012 by Binyamin Appelbaum
http://nyti.ms/wQaAQr

A recent study of federal spending since World War II by Alan Auerbach and Yuriy Gorodnichenko, both economists at the University of California, Berkeley, found that the economic benefits from nonmilitary spending were at least 50 percent larger than those from defense spending during periods of normal growth.

-Bloomberg, January 6, 2012 by the Editors
http://wapo.st/wvzhqo

Ultimately, everyone will have to contribute―in the form of increased taxes, curtailed services or both. The longer we wait, the worse the problem will get: Auerbach estimates that another five years of current policy would bring the structural budget deficit to 5.8 percent of GDP a year.


Barry Krisberg Opines on Juvenile Justice System

-San Jose Mercury News, January 6, 2012 by Karen de Sá
http://www.mercurynews.com/california/ci_19690874

“I am happy that we’re going to get rid of these terrible, old facilities,” said Barry Krisberg, a longtime state consultant now with UC Berkeley’s law school. “Having said that, though, there’s no objective information on how bad it is in counties, and how bad it’s going to be when counties take on these very challenging kids.”

-California Health Report, January 9, 2012 by Callie Shanafelt
http://www.healthycal.org/archives/6863

The youth in the system were the largest beneficiaries of realignment, Krisberg said. “It took them out of a terribly toxic environment and got them out of cages, got them out of prison cells. Got them back home into the community,” he said.


John Yoo Explains Limits of Executive, Judicial Power

-National Review Online, January 5, by John Yoo
http://www.nationalreview.com/corner/287264/richard-cordray-use-and-abuse-executive-power-john-yoo

It is up to the Senate to decide when it is in session or not, and whether it feels like conducting any real business or just having senators sitting around on the floor reading the papers. The president cannot decide the legitimacy of the activities of the Senate any more than he could for the other branches, and vice versa.

-San Francisco Chronicle, January 8, 2012 by Debra J. Saunders
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2012/01/06/INU21MK95E.DTL

The Constitution, of course, gives the president the power to make appointments during Senate recesses. Technically, however, the Senate was in session…. “He’s poisoning the well,” observed John Yoo, UC Berkeley law school professor and former Bush administration attorney. Worse: “This is going on when his party is in charge.”

-National Review, January 9, 2012 by John Yoo
http://aei.org/article/politics-and-public-opinion/judicial/how-to-end-judicial-supremacy/

Conservatives should agree that the power of judicial review does not confer a bonus of judicial supremacy.


Paul Schwartz Calls for Privacy Standards

Washington Internet Daily, January 5, 2012 by Kamala Lane
http://www.warren-news.com/widtrial.htm (registration required)

There should be incentives for companies “to keep information in the least identifiable form possible,” Schwartz said. Companies also should have an obligation “to track what happens to records after they’re released” and risk assessments are needed to figure out when that identifiable information is likely to become identified “and allow people to assess the levels of risk that follow.”


Alan Auerbach Evaluates Romney’s Tax Plan

National Journal, January 5, 2012 by Nancy Cook
http://www.nationaljournal.com/magazine/romney-s-red-blooded-fiscal-policy-20120105

“It’s hard to see how you would benefit under Romney if you’re making under $75,000 a year,” says Alan Auerbach, the Robert D. Burch professor of economics and law at the University of California (Berkeley).


Omer Tene Expects Stricter EU Privacy Laws

National Journal, January 5, 2012 by Juliana Gruenwald
http://www.nationaljournal.com/tech/even-without-legislation-privacy-will-be-a-hot-issue-in-2012-20120105

“It’s evident it’s taking a rather heavy-handed strict regulatory approach,” said Omer Tene, a senior fellow with the Future of Privacy Forum and a visiting fellow at the Berkeley Center for Law & Technology.


Eric Biber Offers Environmentalists an Election-Year Strategy

Defense Environmental Alert, January 4, 2012 by Curt Barry
http://cleanenergyreport.com/ (registration required)

While Biber doubts whether the initiative’s proposal will get the requisite signatures to make it onto the ballot, he says that environmental groups might want to use it as a rallying call to “get out the vote for the election (and perhaps push for success on other initiatives they might have for the ballot that they care about, too).”


David Gamage Underscores Voters Dislike of Property Taxes

SF Weekly, January 4, 2012 by Joe Eskenazi
http://bit.ly/yd8DKt

“A bumper sticker popular when Prop. 13 was enacted said ‘Bring Back the Corrupt Assessors,’” says U.C. Berkeley law professor David Gamage. Assessors had attempted to “modernize, rationalize, and make effective assessment laws. But, on an individual basis, voters don’t like having property taxes enforced in a rational, effective manner.”


Christopher Hoofnagle Helps Launch Privacy Complaint Website

San Jose Mercury News, January 3, 2012 by Mike Swift
http://www.mercurynews.com/business/ci_19667554

“We found that consumers did not know where to file complaints, and when they did, many filed with industry-run groups,” Chris Hoofnagle, a lecturer at the Berkeley law school and an expert in information privacy law, said in an email. “Those groups almost never refer complaints to public authorities.”


Marjorie Shultz, Sheldon Zedeck Study LSAT Alternatives

U.S. News & World Report, January 2, 2012 by Shawn P. O’Connor
http://bit.ly/ur8gQa

The most outspoken challengers of the LSAT are University of California—Berkeley Law School professors Marjorie Shultz and Sheldon Zedeck, who advocate replacing the LSAT with a new test that better measures an applicant’s potential for success in the practice of law.


Franklin Zimring Analyzes Drop in US Crime

-New York Post, January 1, 2012 by Brad Hamilton
http://www.nypost.com/p/news/local/crime_stats_tick_up_dx06UsXLSc7nmyfcvisQDP

“It’s stable at a modern low, and that’s the important thing,” said Franklin Zimring…. “Over the last few years, New York is losing its unique position as a Guinness Book record holder. Other cities are getting closer, and LA is catching up faster than anyone else.”

-MSNBC, January 3, 2012 by James Eng
http://on.msnbc.com/yscDvd

“By both the left- and right-wing leading indicators we should be in a lot of trouble – except (we’re) not,” Zimring says. “Everything we thought we knew are deeply challenged by events by the last three years.”

-San Francisco Chronicle, January 5, 2012 by Demian Bulwa
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/05/MNBB1MKFDI.DTL&type=printable

Franklin Zimring, a criminologist and law professor at UC Berkeley, said the trend in San Francisco was similar to cities across the country but was difficult to explain, defying not only fears about the economy but also about decreasing incarceration rates. “If you can’t explain it,” Zimring cautioned, “you can’t predict it’s going to continue.”

-The New York Times, January 13, 2012 by Sam Roberts
http://nyti.ms/w3eEnZ

The city’s experience, Professor Zimring writes, “shows that huge increases in incarceration are unnecessary and inefficient. It proves that targeted violence-prevention policies can reduce drug violence and reclaim public areas from drug anarchy without all-out drug wars.”


Daniel Farber Applauds NEPA Survey

Greenwire, December 19, 2011 by Lawrence Hurley
http://rlch.org/news/survey-finds-nepa-studies-consider-climate-impacts-inconsistently

Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, welcomed the survey, noting that, in general, “NEPA implementation in the federal government suffers from fragmentation,” making it difficult to track what different agencies are doing.