In the News

Christopher Kutz in the news:

Democrats voice concerns over Trump’s attorney general selection

Christopher Kutz quoted by Fox 2 KTVU, Nov. 18, 2016

U.C. Berkeley School of Law Professor Christopher Kutz says if Sessions is confirmed, there could be a 180-degree change in the Justice Department’s position on many key issues. “The Attorney General’s views on what the law permits the President to do by way of policy and what the law requires the President to do by way of policy are crucial to policy-making across a whole range of areas,” Kutz said.

Phone makers could cut off drivers. So why don’t they?

Christopher Kutz quoted by The New York Times, Sept. 24, 2016

By not putting the technology in place, Apple has “failed in their social responsibility,” said Christopher Kutz … who specializes in the moral and legal principles of liability. “They should’ve done it, and even done it at a market risk.”

Phone makers could cut off drivers. So why don’t they?

Christopher Kutz quoted by The New York Times, Sept. 24, 2016

By not putting the technology in place, Apple has “failed in their social responsibility,” said Christopher Kutz … who specializes in the moral and legal principles of liability. “They should’ve done it, and even done it at a market risk.”

San Bernardino, Paris attacks revive post-9/11 fears

Christopher Kutz interviewed by San Francisco Chronicle, Dec. 5, 2015

If the San Bernardino shooters are found to have terrorist ties, their possible local links should be investigated, too, said UC Berkeley Professor of Law Chris Kutz. … “But it should be done extremely carefully and with sensitivity with respect to the rights of the American Muslim community,” Kutz said.

The Stop

Christopher Kutz op-ed cited in Life of the Law, Oct. 6, 2015

Kutz took data from the U.S. Justice Department and crunched the numbers. He says police in the U.S. make about three times more stops than officers in Spain, France, or England. And yet, the United States has almost double the number of fatal car crashes, meaning the roads in the U.S. aren’t any safer.

For a safer America, curtail traffic stops

Christopher Kutz writes for Los Angeles Times, August 13, 2015

“Curtailing traffic stops wouldn’t solve the problem of police violence against blacks and Latinos, but it would reduce exposure to ‘driving while black’ harassment and the collateral harms of the legal process. … And all citizens could enjoy more freedom from overzealous and unproductive policing.”

The ‘pay-to-play’ law that snagged California State Senator Leland Yee

Christopher Kutz quoted in The San Francisco Chronicle, March 28, 2014

The law draws a distinction, Kutz said, between the typical politician-contributor relationship—donors give money to office-seekers who generally share their views—and a promise of specific favors in exchange for funds. “The test is whether the relationship between the contributor and the server (in office) becomes too much of an explicit transaction,” he said.

Three state Supreme Court justices recuse themselves from oil, gas case

Christopher Kutz quoted in Daily Journal, April 10, 2013 (registration required)

Christopher Kutz, a legal ethics expert who teaches at UC Berkeley School of Law, said it’s not ideal for state Supreme Court justices to recuse themselves. But it’s better than the alternative, he said.  “The alternative is justices voting in cases in which they have a financial interest.”

Christopher Kutz Reacts to Strauss-Kahn Case

PBS Newshour, August 23, 2011 Host Ray Suarez

I remember the thunderclap of the announcement in—early in the morning in France in May when he was arrested. This was the man who was likely to be the next president. And, suddenly, the political system was upended, followed by the next great shock at the end of June, when the DA announced that the case was essentially collapsing.

Christopher Kutz Examines Strauss-Kahn Case

Los Angeles Times, May 20, 2011 by Christopher Kutz,0,1568348.story

The trivialization of his past thuggish behavior as “seduction” and “loving women” marks the dirty if open secret of French politics: an elite tolerance for corruption and misbehavior that is nearly as much an outlier among developed nations as the American taste for prison farms as social policy.

Chris Kutz Comments on BP Investigation and UC Contract

Los Angeles Times, July 30, 2010 by Michael Hiltzik,0,1032270.column

“I’m waiting to see that happens with the investigation,” he says. “The oil spill is tragic and clearly negligent, but that alone shouldn’t be enough to cause us to revoke the partnership. But if we’re getting into serious criminal negligence, deliberate indifference to environmental or health risks, then the university needs to think about who it’s working with.”

Chris Kutz Questions Expansion of College Athletic Conferences

Inside Higher Ed, June 9, 2010 by David Moltz

“In general, of course, more revenue (assuming it is applied towards existing program costs) would be a good thing, though all the predictions are very speculative, of course,” wrote Kutz in an e-mail. “On the other hand, the faculty would certainly be concerned if the change in the league led to a lessening of the commitment of academic excellence of the member schools (or a greater tolerance for pressure on athletes at students). And there is worry that a bigger division will increase the pace of the spending arms race that has proven so costly to college sports.”

Chris Kutz Says It’s Premature to Examine UC Contract with BP

The Fresno Bee, June 6, 2010 by Laurel Rosenhall

“If it turns out that BP is guilty of serious criminal misconduct in relation to its environmental obligations, that could raise a question under this clause” of the contract, Chris Kutz, a UC Berkeley law professor who chairs the academic Senate, wrote in an e-mail to The Bee. “But I believe it is premature to begin any serious discussion until more facts are known.”

Christopher Edley and Chris Kutz Debate Pros and Cons of Online Education

KQED Forum, May 20, 2010 Host Michael Krasny

Edley: It’s an idea, it’s a vision, it’s something that I think we should definitely move toward but carefully because we obviously don’t want to sacrifice quality in any way. My principal motivation is access; it’s the social justice component of it…. And I think we really need to explore online technology as a way to do it not just for UC eligible students within California, whom we might not otherwise be able to serve, but ultimately for similarly qualified, similarly prepared students in Kentucky, in Kuala Lumpur.

Kutz: I’m sure Chris Edley would agree with this. It’s not simply about certifying competence. It’s about leading somebody into the kind of education process that really takes place in two dimensions: one is the dimension between the student and the instructor, and involves quite a lot of back and forth between student and instructor; and the second, and I think equally important, is the interaction among the students…. The online courses … do miss that component to a certain degree.

Chris Kutz Thinks UC Athletic Subsidies Must Be Cut

The Sacramento Bee, April 30, 2010 by Laurel Rosenhall

“Just like the university as a whole should think about what its size and shape should be… the same follows for intercollegiate athletics,” said Christopher Kutz, a law professor who sits on the panel advising the chancellor. “Our resources are not up to our size.”

Chris Kutz Thinks UC Needs to Belt Tighten

San Francisco Chronicle, April 13, 2010 by Nanette Asimov

“We have to do this. I don’t think we have a choice,” said law Professor Chris Kutz, who chairs the Faculty Senate and served on the committee that analyzed the consultants’ findings. “We’ve been a very decentralized, sluggish bureaucracy for a long time.”

Chris Kutz Urges UC to Stop Subsidizing Athletics

San Francisco Chronicle, April 1, 2010 by Nanette Asimov

“This is meant to be a come-to-Jesus moment for athletics, in which (the department) realizes that it needs to make difficult choices to stay within a sustainable level of resources,” said law professor and panelist Christopher Kutz, chairman of UC Berkeley’s Academic Senate of tenured instructors.

Chris Kutz and Christopher Edley Fault UC Inaction on Budget Crisis

The Chronicle of Higher Education, March 23, 2010 by Josh Keller (requires registration; go to G:\Law School in the News\News Clips for article)

“There’s a political problem,” said Christopher L. Kutz, chair of the Berkeley campus’s Academic Senate. “In order to have credibility with the voters, we need to show that we’re thinking seriously, that we know it’s a problem.”

“We need some serious dental implants for this if we’re going to make any progress,” Mr. Edley said. “I don’t know any significant organization that defines or achieves budgetary priorities from the bottom up, so that poses a challenge for a university that very much believes that academics have to be focused on and delivered from the bottom up. We’re not there yet.”

Chris Kutz and Stephen Rosenbaum Expect University Policies to Comply with Law

Campus Progress, March 3, 2010 by Rebecca Green

“There’s a specialized set of case law regulating what a university can do,” explains Christopher Kutz, chair of the UC–Berkeley academic senate. “It’s not a criminal process.… It’s a different kind of entity.” Kutz says the academic senate has been following the student conduct cases and will be sitting down with the Center for Student Conduct to ensure that university policies comply with both the law and fairness.

Rosenbaum, who is taking on Bowin and other students’ cases pro bono, helped revise the code of student conduct 30 years ago when he was attending Berkeley’s law school…. “These students were guinea pigs,” Rosenbaum says. “It’s going to make them think twice before participating in any kind of lawful protest, and I think that’s part of the message the university was trying to send.”

Christopher Edley, Chris Kutz, Jesse Choper Discuss Academic Freedom and Prof Yoo

PBS, The NewsHour With Jim Lehrer, October 20, 2009 by Spencer Michels

Christopher Edley, dean, U.C. Berkeley Boalt Hall School of Law: While many students and faculty are critical of the Bush administration policies and even of some of John’s actions, they think that academic freedom means that his right to be here and to teach has to be protected, until or unless there’s some sort of a conviction.

Christopher Kutz, president, U.C. Berkeley Academic Senate: You need something more than simply incompetence to revoke a professor’s tenure, especially somebody who’s been hired, promoted, published in the top journals. John is one of the most prolific scholars on the Boalt faculty.

Jesse Choper, law professor: He gave them an approach that was wholly consistent with virtually everything he did as a scholar beforehand.