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Dan Farber Deciphers Elena Kagan’s Environmental Views

Environment & Energy Daily, June 28, 2010 by Jennifer Koons
http://www.eenews.net/EEDaily/print/2010/06/28/3

“Since she served in the Clinton administration, she’s somewhere between Bill Clinton and Al Gore on environmental issues, and I would probably guess closer to Clinton,” said Daniel Farber, an environmental law professor at the University of California, Berkeley.

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Dan Farber Discusses BP Oil Escrow Account

-PBS NewsHour, June 14, 2010 by Ray Suarez
http://www.pbs.org/newshour/bb/environment/jan-june10/oil2_06-14.html

I think BP is facing a situation where there is enormous distrust about its capability for dealing with this, about its good faith, on the part of a lot of people inside the U.S. government and among the public. I think setting up a fund like this would be very helpful for them, in terms of showing good faith, of assuring people that they are going to take responsibility for what happened. So, I see a lot of reasons for them to do it. Whether they have to do it, though, is something that’s less clear.

-WorkersCompensation.com, June 14, 2010 by Jon L. Gelman
http://www.workerscompensation.com/compnewsnetwork/blogwire/designing_a_bp_oil_spill.html

Daniel Farber, director of the environmental law program at the University of California, Berkeley’s Law School highlighted some of the design failures of the past in Federal programs when he stated, “Well, I don’t know if we need a custom-built scheme for BP, but I think that this has shown a genuine problem, both here, but also with other kinds of environmental disasters, with public health disasters, which is that we have a very long litigation process, and people may need help right away.”

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Dan Farber Shares Facebook Anecdote

The New York Times, May 28, 2010 by Aimee Lee Ball
http://www.nytimes.com/2010/05/30/fashion/30FACEBOOK.html?pagewanted=2&sq=Berkeley&st=nyt&scp=6

“I’m a Facebook friend of Bob Dylan, which probably means I have a deeply meaningful relationship with his publicist,” said Daniel A. Farber (1,762), a law professor at the University of California, Berkeley. “I was hoping to impress my wife. And on the scale of things I’ve done to impress her, it’s pretty good.”

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Dan Farber Questions Harvard-Yale Hegemony on High Court

NPR, Weekend Edition May 16, 2010 by Larry Abramson
http://www.npr.org/templates/story/story.php?storyId=126802460

Dan Farber, who teaches at the University of California, Berkeley, School of Law, which ranks seventh, says, “It does seem kind of weird that Stanford—which is ranked right up there with Yale—doesn’t have that kind of representation.”

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Dan Farber Comments on Elena Kagan’s Nomination to Supreme Court

-TMC Net, May 10, 2010 by Ed Silverstein
http://it.tmcnet.com/topics/it/articles/84663-kagan-earns-praise-as-supreme-court-nominee-little.htm

“One of the reasons that Kagan was probably an appealing choice for the President is that she has very little paper trail,” said Dan Farber, a professor at the University of California-Berkeley Law School.  “So far as I know, she’s never taken a public position about an IP issue.”

-The New York Times, May 10, 2010 by Gabriel Nelson
bit.ly/cw9o9N

“The moral is simple. To protect the environment, we don’t need environmental crusaders on the Court. We just need judges who understand that the paramount role in environmental law is played by Congress (with an assist from administrative agencies), not by the courts.”

-The Boston Globe, May 11, 2010 by Susan Milligan and Alan Wirzbicki
http://www.boston.com/news/nation/washington/articles/2010/05/11/for_the_court_a_brokers_skills/

“I think that she’s not going to have any trouble working with people like [Samuel] Alito and [John] Roberts, and maybe even [Clarence] Thomas,” Farber said, ticking off three of the high court’s most conservative members.

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Daniel Farber Lauds Justice Stevens’ Commitment to Rule of Law

SCOTUS Blog, April 19, 2010 by Daniel A. Farber
http://www.scotusblog.com/2010/04/justice-stevens-guantanamo-and-the-rule-of-law/

This historic confrontation between the Supreme Court and the executive branch illustrates Justice Stevens’ commitment to due process, his ability to create coalitions, and his judicial craftsmanship…. his opinions feature careful attention to the nuances of statutory language and precedent, analytic power.

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Dan Farber Opines on Supreme Court Justice Stevens’ Career and Possible Retirement

-Talking Points Memo, April 7, 2010 by Christina Bellantoni
http://bit.ly/9rW6le

“It would be hard for Republicans to explain how they voted to confirm [Kagan] for solicitor general without hesitation but she is now unacceptable,” UC Berkeley law professor Daniel Farber, who clerked for Stevens early in his career, told me in an interview…. Farber would like Pamela Karlan of Stanford, whose name arose on a long list last year. She is “outspokenly liberal” and because she is outspoken, “she would clearly get a big fight,” Farber said.

-San Francisco Daily Journal, April 12, 2010 by Daniel A. Farber
http://www.dailyjournal.com/ (requires registration; go to G:\Law School in the News\News Clips for article)

Most of what you’ve heard about Justice Stevens is true. He’s brilliant and unassuming, yet self-confident. What’s less clear is whether he’s a “liberal,” as he is often called. He spent many years as an antitrust lawyer, and antitrust lawyers are great believers in the virtues of competition in the free market. Instead of searching for the politically comfortable outcome, he has always approached cases as fascinating legal puzzles.

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Dan Farber Calls SCOTUS Ruling on Campaign Finance Judicial Activism

California Progress Report, January 25, 2010 by Dan Farber
http://www.californiaprogressreport.com/site/?q=node/7375

In the end, the Court just doesn’t see any real reason for campaign finance restrictions. It may be willing to tolerate some token restrictions in the name of precedent, but basically, it views economic influence over the political process as altogether natural and appropriate.

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Daniel Farber Critiques Congressional Budget Office Report on Emissions Bill

Grist.org, June 17, 2009 by Daniel Farber
http://www.grist.org/article/2009-06-18-cbo-report-waxman-tell-us/

Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers will lose out of pocket. In fact, the way most people understand the idea of a budget deficit, it doesn’t really say much about that either. CBO’s analysis is based on some very technical accounting that can easily be misinterpreted. In particular, CBO treats the issuance of free carbon allowances quite differently than most people would expect.

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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.’”

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Dan Farber Describes CLEE’s New Blog, Legal Planet

AWRA Water Resources Blog, March 12, 2009 by Michael Campana
http://awramedia.org/mainblog/2009/03/12/environmental-law-and-policy-blog-from-ucb-and-ucla-law-schools/

“Legal Planet focuses on significant developments in law and policy for a general audience,” said Dan Farber, director of Berkeley Law’s environmental law program…. “We highlight the latest legal and policy initiatives, and examine the impact they might have on our planet. Do they protect our natural resources, or impair our legacy for future generations? Do they reduce our carbon footprint, or worsen climate change? Are they real steps forward, or merely political posturing?”

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Chris Edley and Dan Farber Bemoan State Cuts to Education

Daily Californian, Dec. 3, 2008 by Stephanie Lee
http://www.dailycal.org/article/103778/top_uc_campus_officials_gather_to_discuss_budget_w

Looking beyond the UC system, Edley said he perceives public education throughout the state as “broken” overall. “The vast majority of students leave without having achieved a certificate, much less a degree,” he said.

Dan Farber, a professor at Boalt Hall School of Law, said that he left last night’s panel discussion impressed—but worried for the future of higher education in California. “It’s remarkable that the campus and UC have managed to maintain their quality while being starved to death,” he said

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Jesse Choper and Dan Farber Scoff at Lawsuit Citing Ineligibility Clause to Block Clinton Appointment

The Washington Times, Dec. 3, 2008 by Christina Bellantoni
http://washingtontimes.com/news/2008/dec/03/clinton-challenged-in-key-cabinet-role/print/

“The courts would decline to hear that lawsuit on the grounds that this is a matter to be resolved in a political process,” Mr. Choper said.

Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year. “The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.

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Dan Farber Expects Growth in Clean-Energy Technology under Obama Presidency

CNET, Green Tech Blog, Nov. 5, 2008 by Martin LaMonica
http://news.cnet.com/8301-11128_3-10082064-54.html

“The election is over. Now the hard work begins,” wrote Dan Farber, a professor of law at the University of California at Berkeley and a member of the lobbying group Cleantech & Green Business for Obama. “Change is on the way.”

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Dan Farber Supports Cities Rights to Regulate Street Shrines

San Francisco Chronicle, Nov. 4, 2008 by Chip Johnson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/04/BAF013TFRH.DTL

“Cities are well within their legal rights to regulate speech—and in this case, the right to assembly—when it can show a compelling government interest, such as curbing retaliatory violence,” said Dan Farber, constitutional law professor at UC Berkeley.

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Dan Farber Notes Stark Difference between Obama and McCain’s Energy Plans

San Francisco Chronicle, Oct. 24, 2008 by Dan Farber
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/24/EDHR13M9OL.DTL&hw=apples+oranges+farber&sn=001&sc=1000

“Obama has proposed specific incentives and regulatory mandates, where McCain expresses only a vague hope that tax credits and prizes will stimulate change. If we have learned nothing else from 30 years of U.S. environmental law, it is that goals count for little without concrete legal strategies for accomplishing them.”

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Dan Farber Says No-Fly Ruling by Ninth Circuit Will Have Wide Impact

KQED, August 20, by Peter Schuller
http://www.kqed.org (news story not online)

UC Berkeley School of Law Professor Dan Farber said the ruling won’t have a direct impact outside the Ninth Circuit, but it might have an indirect influence…. “If there are appellate circuits that haven’t considered this issue, it could be influential partly because of the author of the opinion.”

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Dan Farber Supports California’s Move to Regulate Out-Of-State Energy Suppliers

Climatewire, March 25, by Colin Sullivan
http://www.investorvillage.com/smbd.asp?mb=4632&mn=6612&pt=msg&mid=4416500

“I think the PUC [Public Utility Commission] has done about the best job it could in trying to set it up in a way that would hold up in court,” Farber said. “They’ve certainly thought hard about it.”

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Daniel Farber on the Commutation of Scooter Libby

Time Online, July 2, by Reynolds Holding
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#farber0702

“In a sense, then, the President is freezing something that was previously fluid.”

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Daniel Farber on the Bay Guardian’s Lawsuit against SF Weekly

SF Weekly, July 4, by Will Harper
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#farber0704
After the Weekly described the argument and the case cited to him, Farber said, ‘It seems like a stretch to me.’”

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In the News



Dan Farber Deciphers Elena Kagan’s Environmental Views

Environment & Energy Daily, June 28, 2010 by Jennifer Koons
http://www.eenews.net/EEDaily/print/2010/06/28/3

“Since she served in the Clinton administration, she’s somewhere between Bill Clinton and Al Gore on environmental issues, and I would probably guess closer to Clinton,” said Daniel Farber, an environmental law professor at the University of California, Berkeley.


Dan Farber Discusses BP Oil Escrow Account

-PBS NewsHour, June 14, 2010 by Ray Suarez
http://www.pbs.org/newshour/bb/environment/jan-june10/oil2_06-14.html

I think BP is facing a situation where there is enormous distrust about its capability for dealing with this, about its good faith, on the part of a lot of people inside the U.S. government and among the public. I think setting up a fund like this would be very helpful for them, in terms of showing good faith, of assuring people that they are going to take responsibility for what happened. So, I see a lot of reasons for them to do it. Whether they have to do it, though, is something that’s less clear.

-WorkersCompensation.com, June 14, 2010 by Jon L. Gelman
http://www.workerscompensation.com/compnewsnetwork/blogwire/designing_a_bp_oil_spill.html

Daniel Farber, director of the environmental law program at the University of California, Berkeley’s Law School highlighted some of the design failures of the past in Federal programs when he stated, “Well, I don’t know if we need a custom-built scheme for BP, but I think that this has shown a genuine problem, both here, but also with other kinds of environmental disasters, with public health disasters, which is that we have a very long litigation process, and people may need help right away.”


Dan Farber Shares Facebook Anecdote

The New York Times, May 28, 2010 by Aimee Lee Ball
http://www.nytimes.com/2010/05/30/fashion/30FACEBOOK.html?pagewanted=2&sq=Berkeley&st=nyt&scp=6

“I’m a Facebook friend of Bob Dylan, which probably means I have a deeply meaningful relationship with his publicist,” said Daniel A. Farber (1,762), a law professor at the University of California, Berkeley. “I was hoping to impress my wife. And on the scale of things I’ve done to impress her, it’s pretty good.”


Dan Farber Questions Harvard-Yale Hegemony on High Court

NPR, Weekend Edition May 16, 2010 by Larry Abramson
http://www.npr.org/templates/story/story.php?storyId=126802460

Dan Farber, who teaches at the University of California, Berkeley, School of Law, which ranks seventh, says, “It does seem kind of weird that Stanford—which is ranked right up there with Yale—doesn’t have that kind of representation.”


Dan Farber Comments on Elena Kagan’s Nomination to Supreme Court

-TMC Net, May 10, 2010 by Ed Silverstein
http://it.tmcnet.com/topics/it/articles/84663-kagan-earns-praise-as-supreme-court-nominee-little.htm

“One of the reasons that Kagan was probably an appealing choice for the President is that she has very little paper trail,” said Dan Farber, a professor at the University of California-Berkeley Law School.  “So far as I know, she’s never taken a public position about an IP issue.”

-The New York Times, May 10, 2010 by Gabriel Nelson
bit.ly/cw9o9N

“The moral is simple. To protect the environment, we don’t need environmental crusaders on the Court. We just need judges who understand that the paramount role in environmental law is played by Congress (with an assist from administrative agencies), not by the courts.”

-The Boston Globe, May 11, 2010 by Susan Milligan and Alan Wirzbicki
http://www.boston.com/news/nation/washington/articles/2010/05/11/for_the_court_a_brokers_skills/

“I think that she’s not going to have any trouble working with people like [Samuel] Alito and [John] Roberts, and maybe even [Clarence] Thomas,” Farber said, ticking off three of the high court’s most conservative members.


Daniel Farber Lauds Justice Stevens’ Commitment to Rule of Law

SCOTUS Blog, April 19, 2010 by Daniel A. Farber
http://www.scotusblog.com/2010/04/justice-stevens-guantanamo-and-the-rule-of-law/

This historic confrontation between the Supreme Court and the executive branch illustrates Justice Stevens’ commitment to due process, his ability to create coalitions, and his judicial craftsmanship…. his opinions feature careful attention to the nuances of statutory language and precedent, analytic power.


Dan Farber Opines on Supreme Court Justice Stevens’ Career and Possible Retirement

-Talking Points Memo, April 7, 2010 by Christina Bellantoni
http://bit.ly/9rW6le

“It would be hard for Republicans to explain how they voted to confirm [Kagan] for solicitor general without hesitation but she is now unacceptable,” UC Berkeley law professor Daniel Farber, who clerked for Stevens early in his career, told me in an interview…. Farber would like Pamela Karlan of Stanford, whose name arose on a long list last year. She is “outspokenly liberal” and because she is outspoken, “she would clearly get a big fight,” Farber said.

-San Francisco Daily Journal, April 12, 2010 by Daniel A. Farber
http://www.dailyjournal.com/ (requires registration; go to G:\Law School in the News\News Clips for article)

Most of what you’ve heard about Justice Stevens is true. He’s brilliant and unassuming, yet self-confident. What’s less clear is whether he’s a “liberal,” as he is often called. He spent many years as an antitrust lawyer, and antitrust lawyers are great believers in the virtues of competition in the free market. Instead of searching for the politically comfortable outcome, he has always approached cases as fascinating legal puzzles.


Dan Farber Calls SCOTUS Ruling on Campaign Finance Judicial Activism

California Progress Report, January 25, 2010 by Dan Farber
http://www.californiaprogressreport.com/site/?q=node/7375

In the end, the Court just doesn’t see any real reason for campaign finance restrictions. It may be willing to tolerate some token restrictions in the name of precedent, but basically, it views economic influence over the political process as altogether natural and appropriate.


Daniel Farber Critiques Congressional Budget Office Report on Emissions Bill

Grist.org, June 17, 2009 by Daniel Farber
http://www.grist.org/article/2009-06-18-cbo-report-waxman-tell-us/

Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers will lose out of pocket. In fact, the way most people understand the idea of a budget deficit, it doesn’t really say much about that either. CBO’s analysis is based on some very technical accounting that can easily be misinterpreted. In particular, CBO treats the issuance of free carbon allowances quite differently than most people would expect.


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.’”


Dan Farber Describes CLEE’s New Blog, Legal Planet

AWRA Water Resources Blog, March 12, 2009 by Michael Campana
http://awramedia.org/mainblog/2009/03/12/environmental-law-and-policy-blog-from-ucb-and-ucla-law-schools/

“Legal Planet focuses on significant developments in law and policy for a general audience,” said Dan Farber, director of Berkeley Law’s environmental law program…. “We highlight the latest legal and policy initiatives, and examine the impact they might have on our planet. Do they protect our natural resources, or impair our legacy for future generations? Do they reduce our carbon footprint, or worsen climate change? Are they real steps forward, or merely political posturing?”


Chris Edley and Dan Farber Bemoan State Cuts to Education

Daily Californian, Dec. 3, 2008 by Stephanie Lee
http://www.dailycal.org/article/103778/top_uc_campus_officials_gather_to_discuss_budget_w

Looking beyond the UC system, Edley said he perceives public education throughout the state as “broken” overall. “The vast majority of students leave without having achieved a certificate, much less a degree,” he said.

Dan Farber, a professor at Boalt Hall School of Law, said that he left last night’s panel discussion impressed—but worried for the future of higher education in California. “It’s remarkable that the campus and UC have managed to maintain their quality while being starved to death,” he said


Jesse Choper and Dan Farber Scoff at Lawsuit Citing Ineligibility Clause to Block Clinton Appointment

The Washington Times, Dec. 3, 2008 by Christina Bellantoni
http://washingtontimes.com/news/2008/dec/03/clinton-challenged-in-key-cabinet-role/print/

“The courts would decline to hear that lawsuit on the grounds that this is a matter to be resolved in a political process,” Mr. Choper said.

Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year. “The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.


Dan Farber Expects Growth in Clean-Energy Technology under Obama Presidency

CNET, Green Tech Blog, Nov. 5, 2008 by Martin LaMonica
http://news.cnet.com/8301-11128_3-10082064-54.html

“The election is over. Now the hard work begins,” wrote Dan Farber, a professor of law at the University of California at Berkeley and a member of the lobbying group Cleantech & Green Business for Obama. “Change is on the way.”


Dan Farber Supports Cities Rights to Regulate Street Shrines

San Francisco Chronicle, Nov. 4, 2008 by Chip Johnson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/04/BAF013TFRH.DTL

“Cities are well within their legal rights to regulate speech—and in this case, the right to assembly—when it can show a compelling government interest, such as curbing retaliatory violence,” said Dan Farber, constitutional law professor at UC Berkeley.


Dan Farber Notes Stark Difference between Obama and McCain’s Energy Plans

San Francisco Chronicle, Oct. 24, 2008 by Dan Farber
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/24/EDHR13M9OL.DTL&hw=apples+oranges+farber&sn=001&sc=1000

“Obama has proposed specific incentives and regulatory mandates, where McCain expresses only a vague hope that tax credits and prizes will stimulate change. If we have learned nothing else from 30 years of U.S. environmental law, it is that goals count for little without concrete legal strategies for accomplishing them.”


Dan Farber Says No-Fly Ruling by Ninth Circuit Will Have Wide Impact

KQED, August 20, by Peter Schuller
http://www.kqed.org (news story not online)

UC Berkeley School of Law Professor Dan Farber said the ruling won’t have a direct impact outside the Ninth Circuit, but it might have an indirect influence…. “If there are appellate circuits that haven’t considered this issue, it could be influential partly because of the author of the opinion.”


Dan Farber Supports California’s Move to Regulate Out-Of-State Energy Suppliers

Climatewire, March 25, by Colin Sullivan
http://www.investorvillage.com/smbd.asp?mb=4632&mn=6612&pt=msg&mid=4416500

“I think the PUC [Public Utility Commission] has done about the best job it could in trying to set it up in a way that would hold up in court,” Farber said. “They’ve certainly thought hard about it.”


Daniel Farber on the Commutation of Scooter Libby

Time Online, July 2, by Reynolds Holding
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#farber0702

“In a sense, then, the President is freezing something that was previously fluid.”


Daniel Farber on the Bay Guardian’s Lawsuit against SF Weekly

SF Weekly, July 4, by Will Harper
http://www.law.berkeley.edu/news/mediacoverage/inthenews/July1-13-07.pdf#farber0704
After the Weekly described the argument and the case cited to him, Farber said, ‘It seems like a stretch to me.’”



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