In the News



David Caron Recaps Lessons Learned from Persian Gulf War Claims

The Huffington Post, July 14, 2010 by David D. Caron
http://www.huffingtonpost.com/david-d-caron/the-claims-of-two-gulfs_b_645836.html

In the wake of that disaster, then the largest oil spill in history, a claims commission processed claims from individuals and corporations and also public authorities regarding the environment and health. Nineteen years later, the experience offers at least four lessons as we confront our current disaster.


Jerome Skolnick Studies Roots of Police Violence

Mother Jones, July 14, 2010 by Titania Kumeh
http://bit.ly/aCIM1N

UC Berkeley law professor Jerome Skolnick and former New York City police officer/Temple University criminal justice professor James Fyfe say that police work is often viewed by those in the force as an us-versus-them war rather than a chance for community-oriented engagement and problem solving. The authors also point to a lack of accountability as one of the reasons why police violence persists.


Barry Krisberg Discusses Oakland Police Layoffs

KGO-AM, July 12, 2010 Hosts Chris Brecher and Bret Burkhart
http://kgoradio.com/ (link no longer archived; go to G:\Law School in the News\News Clips for soundbites)

“We’re in a tough financial bind, we’re losing lots of municipal services and the question is: what else are we giving up here? Are we giving up counselors for kids in school? Are we closing shelters for victims of domestic violence? I think we have to look at the whole picture. You can’t keep a society together just with police officers. Obviously police are important and they can do important things, but it’s not the only thing that government is supposed to do.”


Chris Edley Promotes Online Education

-San Francisco Chronicle, July 12, 2010 by Nanette Asimov
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/11/MN581EAQR0.DTL

“We want to do a highly selective, fully online, credit-bearing program on a large scale—and that has not been done,” said UC Berkeley law school Dean Christopher Edley, who is leading the effort.

-The Bay Citizen, July 14, 2010 by Gerry Shih
http://www.baycitizen.org/education/story/dean-pushes-virtual-uc-berkeley/

There is breadth, Edley said: The nine undergraduate campuses offer 1,250 different courses. But there is also depth—if the cyber program’s administrators wanted to find “the most fabulous instructor for an introductory Chinese history course,” he said as an example, they would have nine campuses to choose from. “We will have the world’s largest intellectual smorgasbord from which to feast,” Edley declared.

-Los Angeles Times, July 15, 2010 by Larry Gordon
http://www.latimes.com/news/local/la-me-uc-enroll-20100715,0,2160250.story

UC Berkeley law school Dean Christopher Edley, a leading advocate of online education at UC, said the proposal would help the university cut costs, gain revenue and expand access to students whose family or job responsibilities keep them from attending traditional classes. Edley promised that faculty would have control over the proposal but emphasized the importance of moving quickly. He called it “a question of how well we perform as an engine of opportunity in California and for the country.”

-San Francisco Chronicle, July 15, 2010 by Nanette Asimov
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/14/BAC61EEDI4.DTL

“It’s not where you stick a couple of camcorders in the lecture hall,” Edley said. “We’re talking about high production values. Discussions in desktop video conferencing. Chat rooms and discussion boards. We’d use social-networking software that I’d say our students are already addicted to.”


Stanley Lubman Says Labor Strikes Challenge Chinese Communist Party

The Wall Street Journal, China Real Time Report, July 11, 2010 by Stanley Lubman
http://bit.ly/8ZWS4X

Workers have been angered when local governments attempt to close down inefficient factories. If changes in the location of factories, increased automation or other developments cause increased labor protest, the ACFTU and the Chinese government will encounter new challenges.


David Sklansky Commends Oakland Cops for Mehserle Protest Prep

The New York Times, The Bay Citizen, July 10, 2010 by Shoshana Walter and Richard Parks
http://nyti.ms/cpc9s0

“One advantage that Oakland had is the ability to learn from past mistakes.”


Erin Murphy Analyzes Mehserle Verdict

The New York Times, July 9, 2010 by AP Terry Collins and Greg Risling
http://www.theoaklandpress.com/articles/2010/07/09/news/cops_and_courts/doc4c374625aaa12710003346.txt

”It is legally as low as they could go without acquitting him,” University of California, Berkeley, law school professor Erin Murphy said. Prosecutors had a ”huge hurdle” to overcome in convincing a jury that an officer with a spotless record meant to kill, even with video of the killing, she said.


David Kirp Finds College Students Get More Free Time

The Washington Post, July 9, 2010 by Valerie Strauss
http://bit.ly/c01Iu9

For example, they cite University of California at Berkeley Professor David L. Kirp’s argument that market pressures have prompted colleges to give students more leisure time, and the contention by Murray Sperber of Indiana University that professors eased up on students for various reasons, including a desire to spend more time doing research.


Ethan Elkind Criticizes Federal Housing Agency Opposition to PACE Program

Greentech Enterprise, July 9, 2010 by Mark Boslet
http://www.greentechmedia.com/articles/read/pace-on-life-support/

“I think it is going to keep things on hold,” agrees Ethan Elkind, a climate change research fellow at the University of California, Berkeley and UCLA schools of law. “It makes everything a lot more expensive,” including Fannie Mae loans and the bonds that municipalities sell to raise PACE money.


Erin Murphy Discusses Ethics of Familial DNA Testing

KQED Forum, July 9, 2010 Host Dave Iverson
http://www.kqed.org/epArchive/R201007091000

“Some studies have indicated that in fact strangers could match at nine places commonly. And I think research shows that between siblings you’d see something like 16.7 on average matching…. So, it is actually quite common for people who are unrelated to share these genetic characteristics, which is one of the reasons familial searching isn’t all it might seem on the surface.”


Robert Merges Notes Influence of NTP Patent Suit Against R.I.M.

The New York Times, July 8, 2010 by Steve Lohr
http://www.nytimes.com/2010/07/09/technology/09patent.html?_r=2

The R.I.M. case, said Robert P. Merges, a law professor at the University of California, Berkeley, proved to be “a major milestone in the evolution of the patent ecosystem,” spurring the adoption of tactics to reduce the risk of huge payouts.


Robert MacCoun Studies Tax Impact of Legalized Pot

San Francisco Chronicle, July 8, 2010 by Kevin Fagan
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/08/BA561EB21Q.DTL

Pacula and her four fellow researchers, who included UC Berkeley law Professor Robert MacCoun, wrote that it is entirely possible that the state Board of Equalization was right when it estimated the state could reap $1.4 billion in taxes if a now-stalled bill in the Legislature to legalize pot is passed.


Chris Edley Wants U.S. Treasury to Rescue States

-The New York Times, July 7, 2010 by Christopher Edley Jr.
http://www.nytimes.com/2010/07/08/opinion/08edley.html?_r=2

The best booster shot for this recovery and the next would be to allow states to borrow from the Treasury during recessions. We did this for Wall Street and Detroit, fending off disaster. It’s even more important for states.

-CNBC, The Kudlow Report, July 9, 2010 Host Larry Kudlow
http://www.cnbc.com/id/15840232/?video=1541175369&play=1

States are undermining every federal attempt at stimulus because of the budget cuts they are making right now. If, instead of bailouts from the federal government, what we do is smooth the flow of federal funds to the state over time so that they can get today what they need to close their budget deficits—but then pay it back when the recovery continues—I think that’s a win-win for everybody. It’s not a bailout from federal taxpayers. It’s more like an advance on your paycheck.


Barry Krisberg Discounts Kamala Harris’ Lack of Police Endorsement

California Watch, July 6, 2010 by Timothy Sandoval
http://www.californiawatch.org/watchblog/what-do-police-think-about-kamala-harris

“We want an attorney general who is respected by law enforcement,” he said, “but I don’t think it is as critical (to) the groups that represent district attorneys.”


Steven Weissman Notes Pitfalls of Solar Energy Bids

-Contra Costa Times, July 6, 2010 by Matt Krupnick
http://www.contracostatimes.com/top-stories/ci_15436613?nclick_check=1

Few public agencies have employees who know enough about solar power to make decisions on their own, said Steve Weissman, a UC Berkeley law professor and former administrative-law judge with the California Public Utilities Commission. The determination not to seek bids “requires a greater amount of trust in the officials reaching the decision,” Weissman said. “But going out to bid doesn’t really overcome a lack of in-house expertise.”

-Contra Costa Times, July 13, 2010 by Matt Krupnick
http://www.insidebayarea.com/top-stories/ci_15507443

“California law exempts energy projects from bidding requirements, allowing cities, counties and schools to sign multimillion-dollar contracts with companies without shopping for the best price. The California Solar Incentive reforms should prompt more agencies to seek bids, Weissman said. “It’s easy to imagine that there are a number of entities that will be disappointed,” he said. “But it will give them a chance to go back to the bargaining table and get a better deal.”


Chris Edley Calls on Obama to Issue Executive Order on Worker Wages

Los Angeles Times, July 6, 2010 by Christopher Edley, Jr.
http://bit.ly/aQQRSJ

With the stroke of a pen, President Obama could do more for the economy than the second stimulus measure that’s going nowhere fast. He can create the good jobs our economy needs by using the power of federal contracting to reward employers that improve job standards. An executive order to encourage federal contractors to provide their workers with, among other things, a living wage, would require no legislation, no battle in Congress.


Frank Zimring and Barry Krisberg Won’t Predict Trends from Crime Stats

San Francisco Chronicle, July 4, 2010 Editorial
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/04/EDBS1E6MO8.DTL

“There is no clear and highly predictable relationship between economic variations and the rates of life-threatening crime,” said Franklin Zimring, William G. Simon Professor of Law at UC Berkeley.

From demographics to drugs to incarceration policies, they’ve all proven to be inadequate to the task, said Barry Krisberg, Distinguished Senior Fellow at UC Berkeley School of Law. “Ultimately you’re trying to model individual decisions by millions of people,” Krisberg said. “It’s very, very difficult.”


Deirdre Mulligan Calls Internet a Powerful Platform for Democracy

San Francisco Chronicle, July 4, 2010 by Jim Dempsey and Deirdre K. Mulligan
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/04/INAP1E6UCI.DTL

In the early days of the Internet, policymakers, advocates, companies and coalitions built a policy architecture to steer the technology toward democratic ends. These policy choices embodied the principles of openness, innovation, interconnection, nondiscrimination, user control, freedom of expression, privacy and trust. It is this symbiosis of technology and policy that produced a platform on which individuals across the globe exercise their democratic muscles.


Peter Menell Debates Need for Copyright Law Reform

BroadbandBreakfast.com, July 2, 2010 by David Cup
http://broadbandbreakfast.com/2010/07/experts-debate-need-for-new-digital-copyright-law/

“We’re seeing an evolution in this sector,” said Menell. However, when innovators see “policy” or “legal” they immediately think “stifling innovation.” Menell said this sort of thing happens all the time, and is in fact good for the industry. “We chill innovation in automobiles all the time because we not only care about speed, but also about the safety,” countered Menell.


Nancy Lemon Fears High Court Ruling Will Put Guns in Hands of Batterers

YubaNet.com, July 2, 2010 by California Partnership to End Domestic Violence
http://bit.ly/8Yo8Gv

Nancy Lemon … said that abusers will frequently use the presence and threat of firearms as a means of coercing and controlling their victims. “Battered women are not only shot daily by batterers, they are terrorized by their batterers’ possession of guns,” she said. “They are often forced to submit to nonconsensual sex or other abuse because they are afraid the batterer might shoot them or the children. Victims and their children are much less safe in their homes once a firearm is present.”