Transcript Spring 2012 Lowres2.Pdf

TRANSCRIPT

EDITOR & DIRECTOR, COMMUNICATIONS Michael Bazeley MANAGING EDITOR & SENIOR WRITER, COMMUNICATIONS Andrew Cohen CONTRIBUTING EDITOR & PROJECT MANAGER Bob Rucker ASSISTANT EDITOR Nikita Koraddi

DESIGN & CREATIVE DIRECTION Arno Ghel , l’atelier starno

CONTRIBUTORS Diane Fraser Jon Je erson Ben Peterson Ken Peterson Linda Peterson Samorn Selim ’09

CONTRIBUTING ARTISTS Jim Block Kenn Brown, mondoart.net Michael Layefsky Fred Mertz Lloyd Miller James Yang

UPDATE YOUR ADDRESS Email: [email protected] Web: www.law.berkeley.edu/alumni/updates Phone: 510.642.1832 U.S. Mail: University of California, Berkeley School of Law 2850 Telegraph Avenue, Suite 500 Berkeley, CA 94705-7220 VISIT WWW.LAW.BERKELEY.EDU Transcript is published by the University of California, Berkeley, School of Law, Communications Department.

SPECIAL: CAMPAIGN FORGES AHEAD

Four-part Harmony ...... 20 By strengthening financial aid, adding new faculty, fueling research centers, and transforming physical space, Boalt caps its first 100 years with a flourish . By Andrew Cohen FEATURES alumni

Trouble on Oiled Waters...... 22 Elizabeth Cabraser ’78 started her legal career as a $5-an-hour researcher . Today, she’s a powerful voice for plaintiffs who challenge multibillion-dollar corporations . By Jon Jefferson

Cover story

Great Expectations...... 28 On the cusp of its second century, Boalt looks boldly—and strategically—toward the future, and to redefine the meaning of the “Great Public Law School ”. By Jon Jefferson

Q&A

Privacy, Policy, and the Public Interest...... 34 In an era of roaming cameras, automated data capture, and social networking, Boalt tech-law expert Jason Schultz ’00 tracks the law’s role and limits in protecting privacy . By Andrew Cohen

Columns SECTIONS

From the Dean ...... 2 In Brief ...... 3 Forefront ...... 11 Advancement ...... 46 Military Vets Get Comfortable on Finding the Right Fit for Retrofits; News and Notes from the Alumni Insight ...... 45. Campus; With Highest Honors: Meet Power’s Next Generation; Center Demystifying Boutique, Small, John Doar ’49; Hollywood, Olson Forensic Files; Reflecting on a and Mid-size Firms Take 8 to the Bar; A Vision for Legacy of Leadership; From High By Samorn Selim ’09 Egypt’s Law Schools; Still Current Tech to Holy Text; Soft Spot in a After All These Years; Trading Real Hard World; Safe Haven for Class Notes ...... 54 Tradition for Tech Ventures; Solutions; New Faculty Find Boalt All in the Boalt Family Journal Finds Audience for Sports, a Good Fit Entertainment Law; Students’ Life-or-Death Fight for Fairness Creative Works . . . . .40 abraser) c Continues; Seeking Justice, Notable Contributions from the

hultz, hultz, Against All Odds; Stanley Boalt Community c Lubman and the 150 Raincoats ok (s ok c Fast Forward ...... 42 bl m ji Boalt Student Action Figures Cover: Photography by Michael Layefsky illustration by Kenn brown, mondoart.net spring 2012 | Transcript | 1 FROM THE DEAN

irthdays are a natural time for introspection, as is the final leg of a historic capital campaign. Many of us here on campus have been reflecting on goals accomplished and the unfinished work ahead. As we take a deep breath to blow out 100 candles during this Centennial year, we are honored and humbled by association with the accomplishments of Boalt Hall’s family. For tomorrow, everyone reading this expects us to heap glory upon glory—which is precisely our intent. BirthdayB or not, we’d be asking ourselves tough questions about our mission going forward. The legal marketplace is evolving, and demand is exploding worldwide for those who can think like lawyers. Fortunately for us, we can also think outside the box. Boalt was the first law school to grant tenure to a woman and an Asian-American; award M.A. “While we and Ph.D. degrees in Jurisprudence and Social Policy; house a law and technology clinic, which has helped make us the national leader on privacy (see page 34) and other IP and have much tech issues; offer a summer LL.M. program to international lawyers—and on and on. The next generation’s great American law school will embrace three main goals: build- to be proud ing a curriculum that prepares students for careers both inside and outside traditional, licensed law practice, especially as leaders in business and government; training cross- of as we look disciplinary problem-solvers in private and public settings; and contributing to an emerging global legal culture that will promote prosperity, security, and human dignity. back over the As the best public law school in the solar system, we have an obligation to confront the past 100 most vital problems in our research, and to position our students to do likewise in their careers. That means leveraging every possible benefit from Boalt’s key position within the years, accom- world’s finest research university. From countless collaborations with other UC Berkeley departments to a fast-growing number of global partnerships, we’re constantly pushing to plishments identify challenges, create alliances, and focus great research and teaching on solutions. I love that we’re a tough school to label, as the pages ahead powerfully demonstrate. are to build Boalt is becoming a go-to destination for military veterans. John Doar ’49 and Theodore Olson ’65 are both Republican icons and civil rights heroes. In the wake of a on—not revolution, Boalt lecturer Stephen Rosenbaum ’80 helped launch Egypt’s first environmental justice clinic and national moot court competition. More and more alums are to rest on.” blazing trails in the Bay Area’s fertile tech terrain. And that’s all before you reach page 8. While we have much to be proud of as we look back over the past 100 years, accom- –Christopher Edley, Jr. plishments are to build on—not to rest on. State funding of higher education is at an all- William H. Orrick, Jr. Distinguished Professor time low; tuition is at an all-time high. But as this Transcript issue illustrates, we’re and Dean entering our second century with ambition and passion aplenty. Tomorrow, more than ever before, your law school will be leading in a rapidly changing legal world. JIM BLOCK JIM

2 | Transcript | SPRING 2012 NEWS FROM THE BOALT IN BRIEF COMMUNITY Military Vets Get Comfortable on Campus or the second year in a row, UC Berkeley qualitatively different. They’re more mature and has been voted one of the best schools they have a bigger world view.” for military veterans by G.I. Jobs maga- Boalt participates in the Yellow Ribbon pro- G.I. JOBS’ zine. What makes a school “military- gram, enabling the U.S. Department of Veterans CRITERIA FOR friendly”?F Resources for veterans, and an envi- Affairs to match funds that UC Berkeley awards VET-FRIENDLY ronment that welcomes conversations about veterans. These funds support financial aid and SCHOOLS different points of view. provide extra help for re-entry and academic There are three veterans’ organizations on support, as needed. Discounted tuition campus, including the Boalt Association of Professor David Caron ’83, a former U.S. for military and Military Veterans. That group has been led by Coast Guard officer, is the faculty sponsor of the dependents Dena Acevedo ’12, a former Army translator and Boalt veterans’ group. Generous transfer interrogator with service in Iraq, and Chad Dorr He says that before it credit policies ’12, a 21-year Navy helicopter pilot. was formed, vets Says Boalt Dean of Admissions would just “… Yellow Ribbon Edward Tom, “Recently, we’ve come find me, program schools been receiving more applica- because there In-state tuition tions from veterans and we’ve weren’t that many waivers admitted many, including veterans on the those returning from Iraq faculty. Dedicated veteran and Afghanistan.” According counselors, staff to Tom, the law school val- Special policies ues these candidates for deployments because “they’ve had training and Accreditation experiences Student veteran that make them groups Flexible attendance and scheduling options BOOTS TO BOALT: Veterans Dena Understanding that Acevedo and Chad Dorr have not all students are led the Boalt young and single Association of Military Veterans.

photography by JIM BLOCK 3 IN BRIEF One of my very first research assistants on cam- Acevedo, who is married to a fellow vet, says pus was a former Navy SEAL.” that Boalt faculty and students “are very able to Much of the group’s work helps fellow members separate the soldier from the war. Last year, we navigate the new version of the Post-Sept. 11 GI co-sponsored a forum against torture, and Bill, which includes the Yellow Ribbon program. brought people together from the far left and Says Dorr, “We’ve moved from a social group to right. We all contributed something to the pro- an advocacy and mentoring organization.” gram.” —Linda Peterson

With Highest Honors: John Doar ’49

hen John Doar ’49 learned he now a U.S. District Court judge; Kathryn Mickle would receive the Presidential Werdegar, a California Supreme Court judge; Medal of Freedom—America’s and Brian Landsberg, a University of the Pacific “No one in the highest honor given to civil- law professor. “John provided extraordinary ians—theW normally eloquent esquire went blank. leadership in the Civil Rights Division of the country was “Speechless is an understatement,” says Doar, Justice Department at a most critical time in its more trusted whose 12 fellow honorees include John Glenn, history,” Werdegar says. Bob Dylan, and Madeline Albright. “To be Doar’s approach to dismantling the South’s by the leaders included with the group being recognized—it’s racial caste system required meticulous case of the civil an honor that will stay with me always.” development. “John taught us to immerse our- As U.S. Assistant Attorney General from 1960- selves in both the paper records and human rights move- 1967, Doar led the federal effort to protect civil stories,” Landsberg says. “He expected much ment than rights in the South. He relentlessly pushed to from his staff, and he led by example. Weekends John Doar, enforce the constitutional ban on racial discrimi- were for interviewing potential witnesses; nights nation in voter registration, filing lawsuits in were for writing up one’s notes.” and no one is every county of Mississippi, Alabama, and In 1962, Doar escorted James Meredith when more deserv- Louisiana. he registered as the University of Mississippi’s first Eight Boalt graduates worked under Doar, black student. In 1963, Doar defused a potential ing of this including 1962 classmates Thelton Henderson, riot in Jackson after the funeral for slain civil rights honor.” —-- Judge Thelton E. Henderson ’62

HEAVY MEDAL: Presidential Medal of Freedom winner John Doar played a central role in the civil rights artford Courant artford movement. H he he T e, e, ik John Wo John

4 | Transcript | SPRING 2012 leader Medgar Evers—as police stood In 1964, Doar prosecuted the Mississippi guard to prevent a march downtown. Burning killings of three civil rights work- “I can see the black marchers, full of ers, leading to the conviction of seven Ku grief and anger, and the line of white Klux Klan members. His work was also policemen just 20 yards away,” Henderson widely credited for helping push through recalls. “Some marchers began to shout the Voting Rights Act of 1965. and throw bottles as the angry police “In 1960, the United States lived captain yelled increasingly dire warn- under a dishonest system of self- ings. The situation was escalating government,” says Doar, who lives in toward certain massacre when John New York City and still spends time at stepped between the groups and pre- Doar Rieck Kaley & Mack. “In several vented what would otherwise have been a southern states, citizens, because of their race, slaughter. He had the courage to stand in the line could not even vote. The problem had existed of fire, where no one else would dare to tread. for almost 100 years. With the Voting Rights Only God knows how many lives were saved.” Act, the problem was solved.” —Andrew Cohen

Hollywood, Olson Take 8 to the Bar

t’s a visual few could have foreseen during the first 45 years of his legal career: Conservative icon Theodore Olson ’65, U.S. Solicitor General under George W. Bush,I at the heart of a star-studded play about protecting gay marriage rights. On March 3 in Los Angeles, the show 8 presented a dramatized look at Perry v. In February, after the circuit court upheld COURTROOM DRAMA: Actors George Clooney, Schwarzenegger—the 2010 case that overturned Walker’s ruling, Olson appeared on MSNBC’s Martin Sheen, Brad Pitt, Proposition 8, which had banned same-sex mar- Rachel Maddow Show, where he called marriage John C. Reilly, and Kevin riage in California two years earlier. Martin “a conservative value.” He said his clients “aren’t Bacon onstage during rehearsals for 8 in Los Sheen played Olson, the plaintiffs’ lead counsel; asking for anything special, just the right to be Angeles. Brad Pitt played Boalt adjunct professor Vaughn treated with decency, respect, and dignity and Walker, the district court judge whose opinion afforded the same rights we afford other citizens invalidated Prop. 8 as unconstitutional. in this country.” ghts Ri

l George Clooney played David Boies—Olson’s According to Olson, the 9th Circuit articulated qua E co-counsel and former adversary in Bush v. Gore, that “no rational basis existed to single out gay the 2000 case that secured Bush’s election vic- and lesbian individuals and take away or deny on for for on i tory. Directed by Rob Reiner, 8 also included their rights,” describing the principles behind oundat

F Hollywood A-listers John C. Reilly, Kevin Bacon, the ruling as “quite broad and very compelling.” an an ic Jamie Lee Curtis, and Jane Lynch. The perfor- Olson hopes that will push Perry to the U.S. er

Am mance drew a booming ovation when Sheen Supreme Court—where he has argued 58 cases delivered Olson’s closing statement. and won more than 75 percent of them. ages for for ages m Written by Oscar-winner Dustin Lance Black, “The Supreme Court 40-some years ago struck etty I

G 8 was inspired by the 9th U.S. Circuit Court of down a similar measure in 16 states that prohib- tt/ i Appeals’ decision not to release tapes of the dis- ited people of different races from getting mar- trict court case. The event raised funds for the ried,” Olson said. “This decision is very much

Jason Merr Jason American Foundation for Equal Rights. like that one.” —Andrew Cohen

SPRING 2012 | Transcript | 5 IN BRIEF 6 memo forjudges. The competition’s theme— to make their legal arguments, and wrote abench finals wereApril. held in regional tournaments. mootcourt The national group inCairo, Rosenbaum helped organize four semesterspent fall working forahuman rights a pretty steep forthem.” learningcurve made an argument so it’s before amockcourt, have never spoken before an audience, let alone research and analysis,” Rosenbaum says. “Many havedents almost in no Egypt background in posed oneofthebiggest challenges. “Law stu contest inArabic. and competition, first legalwriting moot court first environmental justice first clinic, national included playing akey role inlaunching Egypt’s more than 40 countries. His packed agenda that implementseffort legal programsreform in Law Initiative, Bar an American Association traveled to of asan theRule adviser to Egypt able to do just that. In July 2011, Rosenbaum H A Vision forEgypt’s

Creating anational competition mootcourt Neal documents compiled that students used theaidofCandaceBut with Neal ’12,who Boalt lecturer Stephen Rosenbaum ’80was | Still Current After Still Current After

T ranscri All TheseYears legal education system? ofarevolutionmidst transform its opportunity to inthe help asociety ow often does someone have an p Law Schools Law t

SPRING 2012 “ to generation, theyhave been slow to inquire into most institutions coming from down generation faced theirproblems.”piece The jabs on,“Like T schools of this country have country ofthis schools never provocative: equally is line law “The article’s gadflytitle, and theopening he Problem oftheLaw School” the is - where law classes are mostly large lectures that fledgling inthe country,law-school exist clinics legal practice with experience. Justulty other two had program no professional and no fac skills University challenging. was equally The school mental Law &Justice Clinic at Egypt’s Helwan revolution. played inEgypt’s 2011 Facebook and Twitter social media such as timely, given therole that of websites and blogs—was the internet and licensure government regulation of —Andrew Cohen drafting Qatar’sviolence law. domestic on theregular faculty, play aleading will in part classes segregatedwith by gender and nowomen at Qatar University College ofLaw. The school, new women legislative and family advocacy clinic in Qatar acolleague oncourses advising fora system.” had to adapt to thelocaltraditions and legal to administrators,” Rosenbaum says. “Still, we legal education culture, from to faculty students involve minimal student interaction. While overseas, Rosenbaum spent also time While Launching theEnviron- “This meant “This working to help grow Egypt’s William CareyWilliam Jones, reprinted the speech Jones year.100 this The essay, by the new school’s dean, Review opening first salvo ofthevery sion-rocked law market? Hardly. That was the to remain relevant intoday’s tumultuous, reces also, asoneoftheoffenders.” cause tolaw criticism onturn the law will school, the practice,making, and the administration of reference with thatdissatisfaction to exists the retainedjustified its still reason forbeing. The grams, or to seek to learn what whether was once justification oftheir plansthe original and pro Hard-hitting indictment oflegal ed’s struggle ( CLR ), which—like Boalt itself—turns ), which—like - EVOLUTIONARY IDEAS: receives atokenof Rosenbaum ’80(left) petition. Bottom:Stephen com national mootcourt inEgypt’spart first Students prepare totake Law &JusticeClinic. school’s Environmental helping tocreate the Hossam ElSaghirfor University Professor appreciation from Helwan California Law California Top: - - -

tk gave at the dedication ceremony University study ranking for the brand-new Boalt Memorial the journal tenth in the Hall of Law. nation among general law RAVE REVIEWS: Now One hundred years after it pub- journals in 2011, and sixth entering its second lished Jones’ challenge, CLR prints among student-edited gen- century, Boalt’s a modest number of copies per eral law journals. In “currency California Law Review has been ranked among issue—just 854—most of which go factor”—the speed with the nation’s Top 10 to law libraries, says Editor-in-Chief which its articles were cited journals. Philip Tassin ’12. But its online read- by scholars—it ranked No. 2. ership and influence are broad. So in its second century, CLR has room— Tassin points to a Washington and Lee barely—for improvement. —Jon Jefferson

Trading Tradition for Tech Ventures ason Lemkin ’96 and Matthew Wise ’07 Wise’s newest have both found challenges and success endeavor, Tableslice, is in the Bay Area’s startup culture. still in development. It Wise says he “jumped out of the legal will apply social net- Jcareer funnel” early. While in law school, working principles to he also took courses at UC Berkeley’s Haas connect users through School of Business and School of Information. food experiences—in “I used my time at Berkeley to acquire as many real life. “Food is the intellectual and social assets as I could,” he recalls. perfect medium for He is leveraging those assets as a co-founder meeting people. We of FounderLY (http://www.founderly.com), a are creating a commu- media startup that showcases stories of the tech nity of trust among the visionaries behind what could be the next Apple millions who love to cook and eat,” he explains. DIPLOMA TO SOMA: or Google. “So much of the law is about analyz- “How great would it be to fly into any city and Matthew Wise ’07 is one of a growing number of ing things retrospectively. FounderLY focuses on know you can enjoy a home-cooked meal with Boalt grads blazing trails capturing ‘thought experiments’ in their infancy.” someone you met on Tableslice?” in the tech world. Lemkin describes his two years as an associate at the Venture Law Group—a law firm that focused exclusively on corporate startup work— as “the best education possible for an entrepre- “How great neur. You see the startup life cycle up close and, would it be to most important, you learn how the ‘people side’ of business works.” fly into any Lemkin put those lessons to use at startups city and know Babycenter.com and NeoPhotonics, and in 2002 he co-founded NanoGram Devices Corp. Three you can enjoy years later, he co-founded and was named CEO a home- of EchoSign, Inc., which fast became the internet’s leading electronic signature tool, used by cooked meal se) i

W companies like Facebook, Google, Groupon, w with someone and LivingSocial. you met on Adobe bought EchoSign in July 2011, and n and Matthe and n Lemkin is now a vice president there, focusing Tableslice?” mki on strategy. Although he doubts another startup —Matthew Wise ’07

(Jason Le (Jason is in him, he’ll always “remember the journey ck o l NET IMPACT: Jason Lemkin ’96 was involved with three and the people who shared it with me.” b im J internet startups and is now a Silicon Valley executive. —Diane Fraser

SPRING 2012 | Transcript | 7 “ IN BRIEF format.” format.” for anonline well-suited our publication law makes and sports entertainment nature of changing fast- ...the — 8

Marcus Allen’12 for Sports,EntertainmentLaw |

T ranscri p t Journal Finds Audience FindsAudience Journal

SPRING 2012 and Law Sports leaders ofthe industries. developments in the music and movie and trademark,copyright piracy, and other legal contract, andtrust, labor concerns, as as well anti sports-law exploring debut issue inApril, together.” mon interest and wanted to something build journal’s“We first editor-in-chief. shared a com towardthis theend of2009,” says the Allen, Y The exclusively its online journalpublished “About 10 first-year students started pursuing Mabrie ’12have earned that label as Marcus ’12and Cameron Allen to theirnames onthemasthead, but ou won’t see Persistent Pioneers next Berkeley Journal ofEntertainment ( BJESL ). ). Entertainment and Sports Law andSports Entertainment first issueofthe and Marcus Allen’12helpedlaunchthe PRESSING PLAY: Cameron Mabrie’12 Berkeley Journal of Berkeley Journalof - - the administration about creating Boalt ajournal, itspublicationssition to from print online.” tran be amodel forhow Boalt will journal will external relations editor. “In some ways, the students weigh in,” says Mabrie, pieces and to offer a wherecomments section ments, and relevant campus events. a steady com dietoftopical cases, news, article submissions from practitioners and op-ed–style length foundinmost journals. It includes also pages long—notably than shorter the50-page the Law Journal Committee,which established requests. In response, the administration formed lacked aformalprocess such forreviewing inApril. Back in 2009, when “We wanted to letshorter practitioners write BJESL

features scholarlyabout 30 articles berkeley.edu/bjesl/ read itat and Sports Law Berkeley Journal ofEntertainment format.” well-suitedtion foran online lawand sports makes ourpublica changing nature ofentertainment ble,” says. Allen “Plus, thefast- pace and thetimes stay with via itscontentoffers free. Hall Student Association, eventsfundraising and the Boalt revenueand with from itsown With ormailingcosts, noprinting nal’s stable. financially and is work, membership to sustain the jour schedule, student has sufficient ing regularly onitsestablished involved adviser, faculty publish is has an actively it still mine whether Law Journal Committee deter will bere-evaluatedwill in2014.The for adviser faculty journals. concrete criteria for creating new You can learn more about the “Journals are to moving keep Professor Peter Menell the is BJESL’s http://scholarship.law. at at . www.bjesl.org founders asked —Andrew Cohen BJESL’s BJESL

, which senior BJESL , and ------

Jim Block drafted by the Office of the Attorney General that deny relief for death row inmates. Under the supervision of Associate Director Ty Alper, one clinic student drafted the certiorari petition that persuaded the Court to take the case, as well as the subsequent briefing. Led by staff attorney Kate Weisburd, the clinic was co-counsel on a team of lawyers represent- ing an indigent Georgia woman accused of setting a hotel fire that resulted in five deaths. Six students played a key role in the prosecution’s decision to drop the death penalty—the fourth LIFE PRESERVERS: Jolene Forman ’12 and Nicki Gutierrez ’13 helped con- time Weisburd and her students have helped duct extensive field investigations in convince prosecutors to dismiss capital charges. separate capital cases. In December, a student group including Jolene Forman ’12 participated in the murder trial. “The hroughout the past range of our work was astounding,” Forman says. Students’ school year, students in “Investigations before and during trial, extensive Boalt’s Death Penalty legal research and writing, expert witness prepa- Clinic busily upheld ration, lay witness interviews, and a crash course Life-or- itsT longstanding fight for fair in fire science.” proceedings in capital cases—a Also in Georgia, the clinic took on representa- fitting tribute for the clinic’s 10th tion of two clients recently sentenced to death. Death anniversary celebration in April. During the year, 10 students worked up every aspect In February 2012, clinic of these cases: investigating juror misconduct, fil- Director Elisabeth Semel con- ing a motion for new trial, consulting with forensic Fight for ducted an oral argument in the mental health experts, and drafting appellate briefs. California Supreme Court on On behalf of a Texas death row inmate facing a behalf of a clinic client. “Several capital retrial, three students working under Semel’s Fairness classes of clinic students wrote the supervision conducted an extensive field investiga- appellate briefs in this case,” says tion—interviewing witnesses and gathering Professor Semel. “A student helped records—and drafted a motion to dismiss the death Continues prepare the case for oral argument, penalty, based on destruction of evidence. and students worked throughout “Sometimes you get a door shut in your face the year on post-conviction litigation to ensure and sometimes you find a crucial witness,” says that the prosecution turns over critical docu- Nicki Gutierrez ’13, who made trips to Texas

oun Chea) oun ments to which our client is entitled.” and Minnesota. “To see your work product put N a ( a i The clinic also persuaded Alabama’s Supreme toward saving someone’s life, what more reward- bod m Court to hear a case that challenges a common ing experience could you ask for as a law stu- practice: state judges signing, verbatim, orders dent?” —Andrew Cohen n the Courts of Ca of Courts the n i bers bers m nary Cha nary i Seeking Justice, xtraord E hoto/ P

AP Against All Odds errez); errez); i ut

G ar crimes committed almost four her team of students

Nicki decades ago. Aged, infirm defen- stepped up to the task. dants. Thousands of elderly wit- Former leaders of Cambodia’s Khmer Rouge FRONT AND CENTER: Noun an and and an Chea (middle), No. 2 m nesses. And venues with neither regime are on trial before the Extraordinary or

F leader of Cambodia’s brutal history nor precedents upon which to rely. Chambers in the Courts of Cambodia (ECCC)

ene ene Khmer Rouge regime, in l W court at the U.N.-backed (Jo Finding justice under such circumstances was for crimes that claimed an estimated 2 million ck war crimes tribunal in o no small challenge, but International Human lives from 1975 to 1979. Their second trial is Bl December 2011. im J Rights Law Clinic Director Laurel Fletcher and under way, following a first proceeding widely

SPRING 2012 | Transcript | 9 IN BRIEF criticized for not providing meaningful repara- suffered during the 1971 War of Liberation from tions to the “civil parties” whose suffering formed Pakistan. Since Bangladesh has no jurisdiction the basis of the initial prosecution. over Pakistanis, these proceedings focus on “The court rejected virtually all remedies Bangladeshi collaborators. Unlike Cambodia’s, sought,” says Fletcher. “In response, we arranged the Bangladesh tribunal is entirely domestic, Students to work with the Centre for Justice & with no international presence. Accountability and Access to Justice Asia, and In their work for this case, clinic students tread fine co-authored a report.” Briana Abrams ’12, Sophie Kaiser ’13, and Maya lines of law That report, titled “Victims’ Right to Remedy: Karwande ’13 confronted difficult questions, Awarding Meaningful Reparations at the ECCC,” such as how to resolve tensions between domes- and politics in urges the court to adopt a more flexible view of tic and international law in a highly politicized seeking reparations—including new cultural institutions climate. Karwande explains, “We co-wrote a to preserve survivors’ stories, along with medi- brief about non-retroactivity and the accountability cal and educational assistance for survivors. International Crimes Tribunal of Bangladesh, for Khmer During spring break, Fletcher returned to and presented it to members of civil society, Rouge Cambodia with Saira Hussain ’13, Nick Schrank tribunal staff, and legal scholars in Bangladesh.” ’13, and Arusha Gordon ’13 to monitor the sec- In January, Abrams, Kaiser, and Karwande crimes. ond trial and meet with victims to update them traveled with Fletcher to Bangladesh on behalf on the proceedings. of the Liberation War Museum. Says Fletcher, Meanwhile, in Bangladesh, a trial is under way “These students are making real-time legal his- seeking redress for thousands who perished or tory.” —Ken Peterson

ing.” That interest translated into intensive training in Chinese, and Stanley Lubman and research funded by Columbia Law School and foundations. Lubman taught at Boalt from the 150 Raincoats 1967 to 1974, returned in 2002, and is now a senior fellow at the f you want to understand the career of one school’s Miller Institute for Global Challenges and of the world’s leading experts on China and the Law. For almost 50 years, he has specialized CLOAK AND BLOGGER: A the law, you’ve got to start with France. in China as a scholar and a practicing attorney. His chance encounter in Vienna led Stanley When Stanley Lubman was a student at column, on The Wall Street Journal’s “China Real Lubman to a career spe- Columbia, his interest in comparative law led Time Report” website, provides an insider’s view cializing in China as a I him to study French law in Paris. “I came to real- of emerging issues in law, business, and culture. scholar, attorney, and Wall Street Journal ize that the underlying assumptions beneath the Berkeley is a good perch for China-watching. columnist. two traditions weren’t very different at all.” Lubman highlights Dean Christopher Edley, Jr.’s During that period, he trip to China for the first Sino-U.S. Deans visited Vienna and hap- Summit and an infusion of new faculty talent pened across the first —including Alex Wang, former senior attorney Communist youth festival for the Natural Resources Defense Council in held outside the Eastern Beijing, and Rachel Stern, returning from Bloc—of deep interest to Harvard to work for Boalt’s Jurisprudence and him because he had also Social Policy Program. “They’re joining other studied the Soviet legal first-rate China experts on campus,” he says. system during law school. It’s been 12 years since Lubman published the “I saw 150 Chinese book Bird in a Cage: Legal Reform in China After marching toward me, all Mao. How has the landscape changed? “I’ve been wearing the same rain- in China every year but one since 1972,” he says, coats,” Lubman says. “and I marvel at the pace of change. Today, it’s “Their identical attire a capitalist economy, but it’s state-led, and legal sparked my interest in institutions are enveloped by a political system. studying a society and There have been some advances, particularly in legal institutions that were the competence of the Chinese judiciary and ck o very different from the progress in Chinese administrative law, but there l b im ones I had been compar- remains a long way to go.” —Linda Peterson J

10 | Transcript | SPRING 2012 AT THE LEADING EDGE OF RESEARCH FOREFRONT AND SERVICE

Finding the Right Fit for Retrofits Berkeley Center for Law, Business and the Economy sizes up the risks and rewards of financing upgrades oalt Hall’s Berkeley Center for Law, School of Business, BCLBE has been research- Business and the Economy (BCLBE) is ing ways to create such incentives. The two cen- on a mission to promote energy effi- ters are developing criteria for evaluating the ciency in commercial and residential real costs of energy use—and various alternative estate,B using the muscle of financial incentives. efficiency measures—that might influence -own Working with the Fisher Center for Real Estate ers’ decisions to reduce both their carbon foot- and Urban Economics at UC Berkeley’s Haas print and their energy expenses.

illustration by james yang SPRING 2012 | Transcript | 11 FOREFRONT “The Fisher Center brings great technical skill sium in San Francisco on Sept. 28 to share their for risk evaluation in the real estate market, findings and obtain feedback from the real estate unparalleled expertise in real estate financing industry. The event will draw together building and loan securitization, and tremendous con- owners and managers, commercial lenders, real- tacts within the finance, business, and real estate tors, labor market specialists, government offi- communities,” says BCLBE Executive Director cials, energy efficiency retrofit installers, and Ken Taymor. With expertise supplied by the law others. Participants will discuss underwriting firm Manatt, Phelps & Phillips, BCLBE tools, financing mechanisms, efficiency analyt- addresses the legal and policymaking elements ics, and public policies that could expand mort- involved in weighing incentives for achieving gage-lending opportunities for efficiency retro- efficiency. fits. Data collection and outreach meetings will “Choosing “To effectively capture the many factors be held before and after the symposium; model whether to involved, our interdisciplinary approach is an mortgage, lease, and other legal documents are absolute must,” Taymor explains. “Choosing being prepared as well. pursue energy whether to pursue energy efficiency retrofits is One tricky challenge: encouraging banks, ten- efficiency ret- not a purely energy market-driven financial deci- ants, and owners to think longer-term. “Lenders sion. Raising capital, mortgage agreements, and and tenants should know that a building with rofits is not a structure of loan documents are all issues that apparently competitive rent and operating cost purely energy need consideration.” projections may leave them exposed to future market–driven Next steps include raising awareness of their energy cost shocks that a more efficient building findings, demonstrating their relevance to cur- would help protect against,” says Taymor. “We financial deci- rent energy efficiency retrofit programs, and expect a step-by-step change, not an overnight sion.” looking for ways to apply the new information transformation.” —Ben Peterson to commercial mortgage underwriting and —Ken Taymor financing markets. More on this collaboration will be available on With support from the Philomathia BCLBE’s website starting this summer: Foundation, the two centers will host a sympo- www.law.berkeley.edu/bclbe.htm.

SUNNY-SIDE UP: Public buildings like San Francisco’s Moscone Center offer large surfaces for solar generation close to end users.

roduce responsibly. Consume locally. Think green. Sound like a formula for Meet Power’s organic gardening? Actually, it’s the genesis of a new energy policy for California.P During his 2010 campaign, Governor Jerry Next Generation Brown pledged to meet one-third of the state’s power generation needs from renewable A Boalt research center answers the call to resources by 2020. That goal includes 12,000 spark renewable energy policy megawatts of locally generated renewable energy. im block im Here’s some context: A megawatt is 1 million J

12 | Transcript | SPRING 2012

steps thepotential foracreative to maximize papersdiscussion and trained facilitators, taking representatives. operators; researchers; and environmental group county, energy and officials; municipal energy than 270stakeholders took including state, part, sponsorship by Bankwith More of America. Luskin Center forInnovation hosted theevent, statewide renewable needs. energy UCLA’s governor to convene aconference addressing apply.” soofficials, adequate protections forthem must challenges forfirefighters andother public safety the introduction ofnew technologies come new ables facilities,” ontheirown hesays. “And with needties to look forways to deploy localrenew appropriate financial incentives. public enti “All and permits, thestateconstruction has to offer mustcials provide timely and reasonably priced greatest help to other customers.” installations inplaces where the theyprovide nect localrenewables to and encourage thegrid anticipate want where developers to con will aslocalandwell state officials. mustUtilities these goals requires direct as action by utilities, Program Director Steve Weissman, “Reaching Environment (CLEE). Says CLEE Energy turned to theCenter forLaw, &the Energy and implementing these new Brown policies, toenergy thegame. For assistance indefining creative solutions, there are challenges aswell. most new like carbon-based But, and fuels. fossil enhance system security, and reduce theuse of impact, power shorten transmission lines, generated power can reduce theenvironmental panels.solar play amajor role by providing large surfaces for constructed maynewly publicbuildings also treatment and plants, evolving. Existing are still generatorsas bioenergy and sewage at landfills are turbines, others, such familiar; andels wind users. Some ofthese, such asrooftop solar pan renewable sources located close to electricity eration” come from a mosaic of power of will oftransmissionand miles lines, the“next gen ables. equal to five Diablo Canyonswith local renew In term, thestate theshort to seeks create power Onofre, generate about 2,200megawatts each. nuclear power plants, Diablo Canyon and San incandescent bulbs. California’s commercial watts—enough illuminateto 10,000100-watt CLEE oversaw thecreation ofpreconference In July 2011,CLEE collaborated the with According to Weissman, and offi county city That’swhere Boalt brings its brand own of There’s ofpotential plenty upside. Locally than dependingRather new upon power plants ------—Ken Peterson to consider. forpolicymakers tions Each chapter proposes solu specific detailed, procurement,and publicbuildings. permitting, interconnection, to and reliability financing, integration, planning, grid of theissues—from be finalized midyear,bigpicture itprovides the 12,000MegawattsEnergy: by 2020. called going forward.” United asamodel serve States, likely and will clean, localrenewable resources energy inthe result inthelargestbecause itwill creation of to California seeks unique dois to action: “What closed and acall theconference asummary with conversation among participants. Weissman science. and accountability through the use of forensic (HRC) of anto demandpart effort is answers Fortunately, Boalt’s Human RightsCenter homes, sometimes thousands of away. miles agencies seeking profitfrom placing children in ents were oftenfunneled adoption to corrupt escape danger. Those separatedfrom their par childrentorn kidnapped apart, orsent away to N adoptees separatedfrom familiesdecadesago Human RightsCenterseeksanswersfor Forensic Files The center’sReunification DNA Project has In late February, CLEE produced adraft report California’s Transition to Local Renewable from 1980to were 1992,families thearmedotic. During conflict Salvador was dangerous and cha ot so long ago, inEl life daily Expected to Expected SPRING 2012 - - - Reunification Project. help ofHRC’s DNA separation endedwiththe family aftera30-year greeted byhisextended Checco, centerrear, is GENE POOL: |

Transcrip Eduardo Giai t

13 FOREFRONT found compelling evidence that the Salvadoran we have documentation of 898 families sepa- government was responsible for abducting chil- rated. So far, 373 of those cases have been found dren from villages during the conflict. The same or resolved. There are still 525 left. We need evidence is aiding transnational adoptees in their every resource, every technological tool avail- quest to establish kinship with family members able, to continue this effort.” in El Salvador. Political obstacles have prevented Pro- “It’s rewarding to apply science to an impor- Búsqueda from examining all of the adoption tant social matter,” says Cristián Orrego, who records. “There is a lot of evidence,” says Orrego. joined HRC as Director of Forensic Projects in “But those records are going to be embarrassing. November 2011 and is a There were networks of fly-by-night adoption founding member of the vol- agencies shut down at the time of the 1992 unteer organization, Alliance Chapultepec Peace Accords because they weren’t of Forensic Scientists for operating properly. Judges and lawyers who Human Rights and should have been looking at those proceedings Humanitarian Investigations. more carefully don’t want that information “Bringing science to docu- revealed.” mentation of human rights HRC is working to help Pro-Búsqueda develop violations yields evidence its ability to use the DNA database to reach more that can be very persuasive transnational adoptees. “Cristián is Chilean by in court.” birth, and he has a close understanding of the HRC works closely with turmoil in Latin America,” says HRC Executive the Asociación Pro- Director Camille Crittenden. “Eric has experi- Búsqueda de Niñas y Niños ence examining mass crimes. They bring rigor- Desaparecidos (Association ous scientific methods and great dedication to for the Search for investigating these crimes.” Disappeared Children), a The end result, as Orrego knows well, warrants San Salvador nonprofit cre- the effort. “There was a young man adopted by ated to find the children— a family in Italy,” he says. “He took the initiative now young adults—who to contact Pro-Búsqueda, but they couldn’t pin- FEELS SO GOOD: Eduardo were forcibly separated from their families or point his biological family. Then, through a hit Giai Checco, left, was given up under duress during the civil war. An in the DNA database, a link was made. Last year, reunited with his brother after separation from his enormous challenge in the process is complet- the young man and his family of origin were family of origin in 1982. ing the DNA database of those families who lost reunited.” children, launched in 2006 under the leadership Sometimes, such happy endings are possible. of Father Jon Cortina, founder of Pro-Búsqueda, Using science, leadership, and commitment, and HRC Faculty Director Eric Stover. HRC hopes for many more. —Ben Peterson “Many family members are difficult to reach or have since passed away,” explains Orrego. For further information, visit “Since Pro-Búsqueda was established in 1994, www.law.berkeley.edu/HRCweb/el_salvador.html. Reflecting on a Legacy of Leadership

After 50 years, CSLS remains a trailblazer in its field

s Boalt’s Center for the Study of Law reflected on its legacy. and Society (CSLS) prepared to cel- “CSLS is without a doubt the world’s premier ebrate its 50th anniversary with a research center in our field and has been since major conference last fall, two for- its inception,” said Howard Erlanger, a professor merA Law and Society Association presidents at the University of Wisconsin. “No one else has 14 | Transcript | SPRING 2012 Jim bloCk (Morrill, Kagan, feeley); Bruce Cook (Volpp) Skolnick’s landmark 1970 book research in several and areas. policymaking scholars from aroundand visiting theworld. Berkeley departments interact oneanother with and graduateas faculty students from many UC researchduct empirical and theoretical analysis, major issues inourfield.” depth ofthat thenext work and to help identify toan reflect optimal forum onthe breadth and work,” says. conference Morrill “The provided of top have scholars who donegroundbreaking lenging conventional wisdom. legal and policy criminal justice, of law and sociology by chal have advanced fields such as studies,regulatory Collectively, theyhave overseen projects that ’86, and current Director Morrill. Calvin Scheiber, Kagan, Harry Robert Lauren Edelman conference: Jerome Malcolm Skolnick, Feeley, professor, attended thelate Selznick, Philip the center’s founding director Boalt and longtime and higher education. and inequality, global governance, socialchange, headedis and law’s role inareas such asculture studysions oflaw explored where theempirical Panelhundreds ofsocio-legal experts. discus national influence has been incalculable.” magnet over forscholars all theworld. Its inter CSLS “an and asset enormous “a to Berkeley” Stanford professor Lawrence Friedman called for asmuchsible research on socio-legal studies.” scholarsvisitors, asaffiliates or been and respon had such aconsistent parade ofoutstanding Thatyielded method newhas subfields of CSLS uses acollaborative approach to con “We’ve been mass fortunate to acritical build CSLS directors six succeededAll who the Held inNovember 2011,theconference drew The Politics of - - - - - Way ofLaw 2003 book law enforcement responds to protests. Kagan’s helped change how thepublicperceives and how Protest: Violent ofProtest Aspects &Confrontation something insociety.” notsomethingtion: apartfrom society, but law we started asasocialinstitu viewing ning, at thelaw,”looks says. Morrill “From thebegin between 2008and 2010. of Lawthe AwardSociology for work published among Youth” in itsOutstanding Article with Schools: The Paradoxes and ofRights Race and Edelman’sMorrill “Legal Mobilization in recognized Association Sociological American Prize. Article Association received the2012Law and Society tobends corporate influence. It on how decision-making judicial ’06—penned the definitive article Albiston ’93, and Virginia Mellema Krieger, Professor Catherine former Boalt professor Linda policy, incarceration. particularly lawmakers look at justice criminal changing theway researchers and citedits thearticle, more than for 1,000times, and toward groupassessment. risk cred Morrill justice—away from punishing the individual noted an emerging trend criminal inAmerican and fellow Boalt professor Jonathan Simon ’87, the courts. tant research onadministrative regulation and “CSLS has really changed theway oursociety past just this And year, the More recently, Edelman—with “The New Penology,” by a1992 article Feeley has become atouchstone forimpor Adversarial Legalism:American The —Andrew Cohen “ breaking work.” have doneground of topscholarswho to buildacriticalmass We’ve beenfortunate —Calvin Morrill SPRING 2012 - - - -

HIGH SOCIETY: former centerdirectors Boalt professors and professor LetiVolpp, Calvin Morrill,Boalt from left)CSLSDirector Malcolm Feeley. Kaganand Robert |

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(Clockwise - t

15 “ to HolyText From HighTech 16 explored.” relatively under remain legal opinions and minority sectarian legal studies, and Islamic In bothJewish —Noah Greenfield

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SPRING 2012 - by theBerkeley Center forLaw &Technology, ions. erated—or nottolerated—dissimilar legal opin to how explore religious communities have tol the 4th century started with and Jewish History” “Legal Heterodoxygrowth. In April, inIslamic collaboration and East, intheMiddle clean-tech lenges forIsraeli entrepreneurs, cross-border Lens” tackled modern-day topics such as chal semester spring analysis intwo conferences. U of lawonbusiness,religion Conferences explore influence simple geography. “Most Arabs live inthenorth, limited accessopportunities, to capital,and hurdles theyface includeminimal networking cent ofIsrael’s high-tech professionals. The for Israeli now 0.5per comprise Arabs—who Faculty Director Kenneth Bamberger said. Silicon Valley,”collaboration with institute ofIsrael’sfuture high-tech sector and itsdeep issue fortheBay Area tech the community: and theUnited States. “We addressed acritical scholars, from Israel students, and policymakers drew about 350corporate leaders, entrepreneurs, The first conference, which wasco-sponsored In February, “Israel Through the High-Tech One panel discussed expandingopportunities Society spannedSociety 1,700years oflegal Law and Israeli Law, Economy and the Berkeley Institute forJewish nfazed by thescope ofitschallenge,

- - - - would be in their long-term interest to seek fund better investment incentives. in Israel alower corporate yields rate tax and mergers and acquisition process; incorporating advanced system ofcorporate law and adirect Incorporatingpoint: inDelaware an brings sions involving where to incorporate. Case in ations forIsraeli tech companies, including deci theyhaveif agreat idea.” budgets. That makes it hard to capitalraise even managing research and development, sales, and invest inArab companies, “Few have experience Jimmy Levy, manages who Israel’sfund to first companies to recruit Israeli Arabs. According to rent national initiative that encourages high-tech forArab graduates. university opportunities CEO ofanonprofit that promotes employment ness center,” deputy noted Razek, Abdel Kheir totwo three from hours Tel Aviv, Israel’s busi DIGITAL SEARCH: nities reconcile the notion of divine law reconcilenities with ofdivine thenotion said. ions remain relatively underexplored,” Greenfield legal studies, legal sectarian opin and minority nizing theevent. “In bothJewish and Islamic fellow in2012–2013,played key roles inorga CollectionRobbins Islamic Law postdoctoral law at theinstitute, and Lena Salaymeh, a and Life. of Jewish Art Jewish Studies Program, and Magnes Collection Muslim-Jewish Relations, Townsend Center, Program and UCBerkeley’s Initiative on sponsors included theinstitute’s Jewish Law ative legal and historicalstudies. Additional Collection, an international center forcompar and planned funded cipally by Boalt’s Robbins that’s aproblem.” companiesour subsidiary indifferent countries, added, “If we can’t share the know-how among Shenhav. Corporate executive Sharon Segev out ofIsrael,” said Israeli high-tech lawyer Ayal wants to move its technology and know-how complicatedthrough avery buyout system it if ments of3percent ofrevenues. programtechnology inreturn forroyalty pay office issues grants covering upfirm’s toofa half To keep promising companies Israel, within the ing from Israel’s Office ofthe ChiefScientist. Collection’s reading room. manuscript, withNoahGreenfield, intheRobbins Cisco Systems’ Abzuk acur described Zika Noah Greenfield, agraduate fellow in Jewish LegalThe Heterodoxy was prin symposium Innovators need also to it decidewhether panelAnother weighed strategic consider Scholars analyzed how commu monotheistic catch“The that is thecompany must go LenaSalaymehpointstoalinein ------

jim block the reality of multiple juristic opinions, and how doxy and heresy, and Bamberger chaired another jurists rationalize and defend the diversity of on minority and dissenting opinions. legal opinions in their communities. “Modern scholars of Jewish and Islamic law Each panel featured an Islamic law speaker, a tend to work in isolation from each other,” Jewish law speaker, and a nonlegal expert Greenfield said. “We wanted to remedy this involved in comparative research on Islam and oversight and change future scholarship by show- Judaism. Boalt professor and Robbins Collection ing just how productive and crucial such com- director Laurent Mayali chaired a panel on ortho- parative work can be.” —Andrew Cohen Soft Spot in a Real Hard World

Warren Institute report finds funding gaps impede state-supported victim/witness centers

t has been nearly 20 years since California tice system and the compas- funded a network of centers to serve the sionate and complex response rights of witnesses and victims of violent needed by victims.” Without this crime. In May, the Chief Justice Earl link, she says, many victims feel WarrenI Institute on Law and Social Policy invalidated or mistreated by the released the first comprehensive report on the criminal justice system—often effectiveness of those 59 Victim/Witness prompting them to disengage from the protec- Assistance Centers (VWACs)—one in each tions offered by both the criminal and civil legal county, one in the City of Los Angeles—address- systems. ing the needs of women harmed by sexual The report also found that stories and statis- assault, domestic violence, and stalking. tics are equally important. “We need more data- Among other findings, the report, A Complex driven research to support evidence-based prac- and Compassionate Response: The Role of Victim/ tices for state-supported victim services in the Witness Assistance Centers in Responding to Violence criminal justice system,” says Warnken. “But we Against Women in California, identified a lack of also must be informed by the victims themselves. adequate financial support to deliver even mini- We need to ensure that VWACs remain—as one mal rights and services mandated by law. manager described her center—‘the soft spot in “We heard repeatedly that funding has pla- a real hard world.’” teaued or diminished, while costs and the need Developed for the California Crime Victims for services have skyrocketed,” says report author Assistance Association and the California Heather Warnken ’09, a legal policy associate at District Attorneys Association (CDAA), the the Warren Institute. “Many advocates reported report was funded with a grant from the they had to ‘triage’ at the expense of quality case California Emergency Management Agency. It assessment, face-to-face contact, and continuity intersects with another Warren Institute–CDAA of care.” project: creating a standardized, statewide train- The report relied on online surveys, site visits, ing curriculum for victim-witness advocates. Read A Complex and focus groups, and interviews with service pro- “We bring to this project a wealth of expertise, Compassionate viders and experts to identify victims’ needs and from the VWAC report to research on Marsy’s Response: The Role of gather data. “In doing so, we outlined several Law [Victims’ Bill of Rights Act of 2008] and Victim/Witness best practices for government-based victims’ the realignment of inmates from the state to Assistance Centers in

MILLER services in responding to violence against women counties,” says Andrea Russi, the institute’s man- Responding to loyd loyd L and in facilitating both the prosecution and pre- aging director and director of criminal justice. Violence Against vention of these crimes,” Warnken adds. “This work epitomizes our role as a bridge Women in California She describes VWAC advocates as “the vital between academia and legal practice, and uses at www.law.berkeley. illustration by by illustration link between the hard edges of the criminal jus- research to influence policy.” —Diane Fraser edu/ewi.htm.

SPRING 2012 | Transcript | 17 FOREFRONT Safe Haven for Solutions Symposium combats violence against African-American women

hile the anecdotes are harrow- the audience not to view incidents against ing, it’s the data that compelled African-American women as standalone events. Boalt’s Thelton E. Henderson She said such an approach diverts attention from Center for Social Justice to con- another dimension of the problem: institution- frontW rising violence against African-American alized violence by police and staff in prisons, girls and women. According to a recent study, juvenile detention centers, and foster homes. 60 percent have been sexually assaulted by age Police misconduct attorney Andrea Ritchie 18, and they are 35 percent more likely to be echoed that concern while describing a “trou- victimized than white women. bling cycle” of aggressive policing. She said she On March 8-9, participants at the center’s often receives reports of African-American girls annual symposium shared research insights to being touched inappropriately as they pass better understand all aspects of the problem. through high-school metal detectors; incurring Scholars, attorneys, health care professionals, harsher penalties than white peers for identical social service leaders, and others gathered to infractions; and receiving dismissive treatment identify key issues and offer potential solutions. when reporting assaults. BREAKING THE SILENCE: In organizing the symposium, Henderson Scripps College assistant professor Damien Henderson Center Executive Director Wilda Center Executive Director Wilda White ’83 rec- Schnyder described how African-American girls White ’83 addresses the ognized “a disturbing correlation between sexual are discouraged by peers from “snitching” on center’s March sympo- victimization and incarceration of black girls male classmates who make unwanted advances, sium, which focused on rising violence against and young women.” Along with the rise in and how those who do report offenders are often African-American girls assaults against them, they are the fastest-grow- ostracized. Such an environment discourages and women. ing population imprisoned and suspended and African-American women from saying no, expelled from school, says White. “There’s silence according to Mills College Ethnic Studies Chair around this issue, which is why we want to bring Julia Oparah: “Even if they do report an incident attention to it.” of sexual violence, police routinely minimize Renowned political activist and author Angela what happened or blame these women for allow- Davis delivered the symposium’s keynote ing themselves to be victimized.” address. Davis, founder of Critical Resistance, Priscilla Ocen, a Critical Race Studies Law an organization working to reverse expansion Fellow at UCLA, gave a presentation focused of the U.S. prison inmate population and the on incidents of harassment against African- privatization of correctional facilities, cautioned American women in Section 8 housing in Antioch, California. When the housing market crash created a surge in the number of Antioch’s Section 8 homes—mostly occupied by African- American women—Ocen said, “…many white residents became part of a surveillance group that extended beyond the police.” In the name of community policing, they reportedly confronted Section 8 tenants and solicited complaints from neighbors in an attempt to have them evicted. “When Section 8 tenants complained to police, either about this type of harassment or about violence in the home, the officers would often look for unauthorized tenants in their units—a violation of the housing terms that could push them out—rather than deal with the complaints themselves,” Ocen said. In October 2011, Antioch’s City Council approved a $360,000 settlement for five residents who claimed they had been victimized by a pattern

of harassment. block jim

18 | Transcript | SPRING 2012 jim block a GoodFit Find Boalt New Faculty • • Karen Tani felt theycouldfrom benefit my mentorship.” young woman of color, it was great that many excited about theirwork,” shesays. “And asa ter. by how “Iwas struck many students were Legal History, taught Torts semes spring during Pennsylvania’s J.D./Ph.D. program inAmerican in2004. arrival hiresfaculty since Dean Christopher Edley, Jr.’s first school yearwhich has madeat Boalt, 44 tremendously invested intheirschool,” Tani says. ing there. students “The are and extraordinary members share acommon motivation forteach W students’ passionandtalent Alex Wang allwowedbytheir Karen Tani, Andrea Roth,and ment and to address theroots against ofviolence accountability strategies outsideoflaw enforce • fare law. Torts, U.S. legal history, socialwel Circuit. the U.S. forthe 2nd ofAppeals Court clerked forJudge Guido Calabresi of blogger fortheLegalBlog, History Historians,of American regular for Legal and the OrganizationHistory CollegeDartmouth (2002). of Pennsylvania (2007);B.A., Pennsylvania (2011);J.D., University FYI: FYI: T E Tani, thefirst graduate ofthe ofUniversity The three educators recently their finished Oparah urged communities to all develop ducation eaching Member Society oftheAmerican

and : grounds, Boalt’s newest faculty geographic and professional back Wangand Alex from varied hail Karen Tani,hile Andrea Roth, Ph.D., University of

research

focus

• Andrea Roth • •

mock trial presentation.mock trial Currier Gallagher Prize forbest won Yale Law School’s 1998John Fabe Supreme oftheAlaska Court, Group, clerked forJustice Dana Defender Service’s Forensic Practice ofColumbiaDistrict Public New Mexico (1995). University(1998); B.S./B.A., of FYI: FYI: sic science intrials. Criminal law, evidence, use offoren T E ducation eaching - - - - Founding member ofthe has lectured nationwide onforensic science three years and publicdefender aformer who —Andrew Cohen homelessness, and lack of access to education. women: racism,African-American poverty, ment really striking.” is students’“The level of commitment and engage Environmental Enforcement and Compliance. and Legal Institutions and Comparative for me,” says Wang, taught who Chinese Law environment and China makes agreat this place Project years. forsix “Boalt’s strong onthe focus its China Environmental Law & Governance Resources Defense Council inBeijing and ran larger is which than at any other top-tier school.” “greatis to amazing ofthis bepart juniorfaculty, sionate, energetic, taking,” and risk and says it year.this She Boalt finds students to be “pas taughtissues, Roth Criminal Law and Evidence A teaching fellow at Stanford Law School for Wang was asenior attorney forthe Natural

and : J.D., Yale Law School

research

focus —Andrew Cohen : : - • • Alex Wang • China (2004-05). York City, Fulbright Fellow to Simpson Thacher in & Bartlett New on U.S.-China Relations, worked at Board Society’s to theAsia Center (2008-11), member oftheAdvisory Committee on U.S.-ChinaRelations parative law. Environmental law, China law, com University (1993). University (2000); B.S., Duke FYI: FYI: T E ducation eaching Fellow at theNational SPRING 2012

- - and : J.D., New York TEACHING TRIO: Andrea Roth—Boalt’s Wang, Karen Tani, and futures. grounds andpromising —have diverseback newest facultymembers

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CAMPAIGN UPDATE: FORGING AHEAD “Four-part Harmony” Helps Offset Funding Cuts

hen Dean Christopher Edley, lion in fiscal 2012, an increase of $6 million Jr. launched the ambitious since fiscal 2005. Campaign for Boalt Hall in Boalt has also established one of the nation’s 2005, he had four steps in mind strongest loan forgiveness programs, eras- forW elevating the law school: bolster financial ing graduates’ student-loan obligation if they aid, grow the faculty ranks, fuel the research accept a public-interest law job at a salary of centers, and transform the physical space. less than $65,000, and stick with it for 10 years. Seven years later, those steps have enabled No other premier law school tops that $65,000 Boalt to stand tall. threshold for 100 percent debt relief. Graduates Even in the face of discordant economic earning up to $100,000 in qualifying jobs, and times, the $125-million Campaign—which those who work in public interest for less than passed $100 million at the end of 2011—has 10 years, receive partial relief. achieved successful four-part harmony. Dur- Meanwhile, Boalt’s summer fellowship pro- ing this year’s Centennial celebrations, faculty, gram has positively exploded. After awarding staff, alumni, and friends will see firsthand how $175,500 in funding to 41 recipients in 2004, the Campaign empowered Boalt to complete its the program paid more than $850,000 to 227 first century with a flourish. students last year. These grants—$4,000 to first-time recipients and $2,000 thereafter— Fortifying financial aid allow students to work in unpaid summer With continual cuts in state funding and the internships in public interest, nonprofit, or average student loan debt for 2011 graduates government-sector work. higher than $100,000, the dean has made financial aid his highest priority. Over the course of Faculty in bloom the Campaign, Boalt has reconfigured the way A school is only as strong as its educators. it calculates need-based scholarships—nearly Boalt has hired 44 faculty members since tripling the size of maximum individual grants. Dean Edley’s arrival in 2004, greatly expand- Financial aid expenditures topped $11.75 mil- ing course offerings while slashing its student- faculty ratio. This surge has also extended the school’s research capabilities, and its influence on Philanthropy Trajectory public policy. Fiscal 2001 to fiscal 2011 Despite substantially fortifying

(In millions) its roster of extraordinary scholars $20 during the Campaign, Boalt faces a major challenge maintaining it. It has the smallest endowment of $15 the nation’s Top 10 law schools, and resides in a high cost of living

$10 area. Funding endowed faculty chairs remains vital to fend off recruiting efforts by well-heeled, $5 top-tier competitors. Ramped-up research 0 Boalt’s forward-thinking research FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 centers work to define issues

20 | Transcript | spring 2012 370% $22,538 $104K Increase in Estimated 2012-13 Average student California school year living loan debt for “Four-part Harmony” Helps resident tuition expenses in addition Class of 2011 Offset Funding Cuts since 2000 to tuition graduates ONE FOR THE BOOKS: The new South Addition, opened last year, houses Boalt’s library and much more. and shape policy in fields such as international affairs, social justice, environmental policy, criminal justice, technology, and business. In doing so, they collaborate with research partners across all sectors of society to generate new knowledge, shape legislation, educate judges, and advise government officials. Boalt has added eight new centers since 2004, and has seen their influence grow with industry leaders and policymakers. These issue-specific think tanks offer a steady stream of conferences, seminars, and lectures while addressing juvenile justice reform, immigration, and strategies to curb home foreclosures, among other areas. They also act as intellectual incubators for students, allowing them to conduct advanced research with top scholars and practitioners. Building a legacy In spring 2011, Boalt unveiled the 55,000- square-foot South Addition—the gleaming centerpiece of its remarkable physical transformation during the Campaign. Constructed two stories below ground and one story above, the South Addition houses the law library’s renowned collection and features a state-of-the- art classroom, café, large commons area, and two outdoor courtyards. Boalt constructed or upgraded every classroom over a dizzying three-year period, adding modern seminar rooms, renovating lecture halls, and updating audio- and visual-support technology. An inviting student center now houses the school’s student journals and features three group study rooms, a kitchen, and a comfortable lounge. Outside, the attractive Heyman Terrace, named in honor of former professor and UC Chancellor I. Michael Hey- man, has become a go-to gathering place for students and faculty. — Andrew Cohen Jim block Jim FEATURE

TROUBLE ON O ILED WATERS

22 | Transcript | Spring 2012 ELIZABETH ere this a legal thriller, it CABRASER ’78 might open like this: A LEVELS THE federal judge watches PLAYING FIELD grimly as his courtroom FOR PLAINTIFFS Wclock shows 8:29 a.m., one minute before IN BATTLES WITH the ling deadline in an $8-billion class- CORPORATE action suit against one of the world’s rich- GIANTS. est corporations. e judge can’t believe that Elizabeth Cabraserdependable champion of grassroots BY JON JEFFERSON underdogsis nowhere to be seen. Across the aisle from her empty seat, pinstripe-clad defense lawyers exchange smug glances as the judge raises his gavel to dismiss the whole suit. Suddenly the courtroom doors burst open, and Cabraser disheveled and breathlessraces to the bench and trium- phantly hands over the motion. e reality is considerably less dramatic, though equally momentous. Gathered in New Orleans on the morning of April 18, 2012, Cabraser and her fellow plainti s’ a orneys huddled around computers, frantically uploading electronic documents. e documents speci ed nal details of a se lement motion in a massive class-action suit against BP, whose Macondo well spewed 200 million gallons of oil into the Gulf of Mexico in 2010. Cabraser is one of 19 a orneys appointed by U.S. District Judge Carl Barbier to the Plainti s Steering Commi ee, which spent four months hammering out a se lement agree- ment with BP a orneys. e printed version of the motionactually two motions, one for property claims and the other for medical claims lled a banker’s box, specifying in detail how claims would TROUBLE ON be led, damages calculated, and payments made. Despite the complexity, the bo om line was simple: BP agreed to cover all eligible claims by individuals and companies harmed by the spill. e cost of the se lement is estimated at $7.8 billion, though that amount could rise, because the se lement motion sets no speci c cap. Although no blood was shed in the run-up to the 8:30 a.m. se lement-motion ling that Wednesday, there was sweat aplenty, and probably tears, too, Cabraser reckons. “We worked through the night on Tuesday,” she says. “In fact, we worked OILED WATERSBENCH STRENGTH: Elizabeth Cabraser credits her through the night for several nights to get this done. Most successful legal career to her parents, Boalt Hall, and an index card listing a $5-an-hour research job. people looked outside sometime the prior ursday and then noticed the world again on Wednesday morning around nine, a half-hour a er the ling deadline set by Judge Barbier.” PHOTOGRAPHY BY JIM BLOCK SPRINGSPRING 20092012 | TRANSCRIPT | 23 Barbier must still review the immense motion, which was Eleven hours after the skipped cement-bond test, the six months in the making. He could schedule a fairness hear- Deepwater Horizon shuddered violently. Moments later a ing before accepting or rejecting it, but Cabraser expects him geyser of oil, gas, and concrete exploded through the struc- to act swiftly. “He’s pressed attorneys on both sides to stay ture. The fiery blast killed 11 men; 17 were injured. The plat- on schedule,” she says. form burned for a day and a half, then listed and sank. That’s no small feat—“an organized gallop,” Cabraser calls Over the next three months, crude oil gushed out of the the pace the judge has set—in a case involving some 400 well’s broken riser pipe into the Gulf. At the height of the depositions, countless pages of discovery documents, and 200 spill, that 7-inch pipe spewed nearly half as much oil into the million gallons of oil—the largest marine oil spill in history. Gulf each day as the entire nation was importing from overseas. Millions watched the oil jet, in fascination and horror, The Seeds of Disaster via real-time, 24/7 video from a submerged camera. Late morning, April 20, 2010: About 50 miles beyond the Throughout the summer, biologists, oceanographers, and alluvial fan of the Mississippi Delta, a crew of Schlumberger meteorologists plotted and tensely predicted the movements technicians and BP officials boarded a helicopter on a floating of the mammoth, meandering oil slick, which continually oil-drilling platform. A mile beneath them, the Macondo threatened coastal wetlands. Hundreds of hastily hired ships well—an exploratory well punched through 13,000 feet of and boats were deployed with skimmers, booms, and disper- oil-bearing, gas-pocketed seabed in the Mississippi Canyon— sants to collect and break up the oil. Tar balls washed ashore, had been temporarily capped and sealed with cement so the some as far away as Pensacola Beach, 200 miles east. The platform, the Deepwater Horizon, could be towed to another Coast Guard banned fishing in 80,000 square miles of the site. The operation had been plagued by gas leaks and “kicks,” Gulf. Commercial fishermen lost an entire season. As tour- and by the time the well was sealed, the project was six weeks ism revenues plummeted in Louisiana, Mississippi, Alabama, behind schedule and $21 million over budget. At 11 a.m., the and Florida, hotels and restaurants bellied up like a fish kill. Schlumberger crew flew away without performing a manda- For a region whose economy hadn’t yet recovered from tory test of the cement plug. Skipping the cement-bond log Hurricane Katrina, the impact was devastating. test—as ordered by BP officials—saved 9 to 12 hours and shaved about $118,000 off the well’s $100-million price tag. Disaster Déjà Vu The skipped test wasn’t the first shortcut. Ten months ear- Elizabeth Cabraser’s first glimpse of the BP spill came from lier, engineers warned that the single metal casing with which the evening news on April 20. In the course of many trips to BP planned to line the well might collapse under pressure. New Orleans since 1994, she had developed a deep affection That warning was ignored. Call it bad judgment. Call it a for the Gulf Coast. She grieved as the massive assault on the portent. Call it a nail, for want of which a shoe was lost, fol- region’s ecosystem and economy unfolded. lowed by later, cascading losses: horse, rider, battle… Cabraser couldn’t help but observe the damage through a

administration, which favored oilfield devel- Win some, lose some opment. To succeed, human rights litigation has to be timed to coincide with the political It’s not always enough to have right on your will of a particular administration.” side. When politics and human rights collide, Winning Case in Point: Compensation for timing and foreign policy are crucial, too. Holocaust Victims Before and during World War II, thousands Losing Case in Point: actively, knowingly assisted Sudan in geno- of Jews, Roma, and other Nazi-persecuted Talisman Energy cide and crimes against humanity. minorities deposited money in Swiss banks, In 2006, Lieff Cabraser lost a case it had Why sue a Canadian company in U.S. hoping to protect their assets from seizure. filed against Talisman Energy, a large District Court in New York for actions in After the war, when those who had sur- Canadian oil company, on behalf of Sudan? Because Talisman had U.S. hold- vived—or their heirs—tried to reclaim their Sudanese people who lived in the wrong ings, Cabraser explains, and because an money, many were unsuccessful. By some place at the wrong time. “Their villages were early U.S. statute—the Alien Claims Tort Act estimates, billions of dollars went unclaimed inconveniently in the way of oilfield develop- of 1789, originally passed to allow prosecu- or were diverted by the banks in the post- ment,” Cabraser explains, “so they were tion of pirates—offers a tool for seeking war years. Other assets—seized by the strafed and bombed by the Sudanese mili- damages for crimes committed at sea, or Nazis and also deposited in Switzerland— tary.” The suit—initiated by the Presbyterian overseas. A federal judge dismissed the helped fund the German war effort.

Church of Sudan—charged that Talisman did case on summary judgment because, More than half a century later, Swiss more than just benefit from the govern- Cabraser says, “Basically, we ran afoul of banks finally recognized the claims of those ment’s brutality; rather, the company the U.S. State Department and the Bush whose money was lost, seized, or diverted.

24 | Transcript | FSpringALL-winter 2012 2008 litigator’s lens. In a career spanning three decades, she has “It’s usually invisible. People aren’t physically injured, but served as court-appointed lead, co-lead, or class counsel in they’re traumatized and depressed. Divorce and suicide rates more than 80 federal multidistrict and state-coordinated rise, communities unravel; people lose focus and direction. proceedings involving damages from—among other things— I think we have a much deeper relationship to our physical tobacco; silicone breast implants; cardiac defibrillators; the environment, even if it’s not our source of livelihood, than prescription drugs Fen-Phen, Bextra, and Celebrex; and we acknowledge. We all may think we’re above and beyond the Holocaust. that—that we’re not rooted in some way, or dependent on But what focused Cabraser’s view of the BP spill to laser- our environment. But we are.” like intensity was a case that harked back more than two Twenty-one years after the fouling of Prince William decades. On March 23, 1989, the Exxon Valdez—a 1,000-foot- Sound—as oil gushed into the Gulf environment—Cabraser’s long supertanker—cast off from Port Valdez, Alaska, loaded phone began ringing. Besieged by clients whose jobs, busi- with 53 million gallons of North Slope crude. Shortly after nesses, and lives were being devastated by the spill, Gulf midnight, as the captain slept in his cabin, the ship’s third Coast attorneys were calling for help. mate ran the vessel onto the rocks of Bligh Reef, spilling 11 Long before they started calling, Cabraser had begun pre- million gallons of oil into the frigid, fragile ecosystem of paring to answer. Her career as a giant-toppling plaintiffs’ Prince William Sound. attorney was many years in the making. Cabraser emerged as one of the class counsel in the Exxon Many years and one index card. Valdez class-action suit, helping win a $5-billion jury award on behalf of Native American communities and other plain- Local Girl Makes Good. Really Good. tiffs harmed by the spill. During appeals that reached the Cabraser is perched on the top rung of her chosen profes- U.S. Supreme Court, the jury award was eventually reduced sional ladder. The National Law Journal has named her one to $1.5 billion. Through it all, more than 20 years, Cabraser of the “100 Most Influential Lawyers in America” three times. has remained committed and engaged. In the course of the In 2010, the American Bar Association awarded her its high- case—whose final claims have yet to be fully paid—she est honor for female attorneys, the Margaret Brent Women learned much about the myriad ways in which environmental Lawyers of Achievement award. And in 2011, U.S. News/Best disasters become human disasters as well. “My sense,” she Lawyers named her San Francisco “Lawyer of the Year.” says, “is that although there has been a long-term impact on During her career, she’s played a key role in landmark cases, the Alaskan environment”—indeed, satellite photos of Prince helping her firm rack up awards and settlements totaling more William Sound’s shoreline still show stark black edges—“in than $42 billion, including 16 of $1 billion or more. Not sur- some ways the environment itself has been more resilient prisingly, she has prospered—enough to bestow $5 million than the humans. on Boalt Hall, making her the school’s largest single donor. “These events produce severe human trauma,” she explains. And yet; and yet. She prefers jeans, T-shirts, and Chuck

The banks created a $1.25-billion fund to settle a massive class-action suit filed by Lieff Cabraser and other law firms in 1996. The firm was also active in litigation against German and Austrian corporations that used slave labor during the war, including Volkswagen, Daimler-Benz, BMW, and Siemens. And Lieff Cabraser participated in multinational negotiations that led to another $5 billion in compensation for survivors and victims of Nazi persecution. “Our litigation succeeded,” Cabraser PAPER TRAIL: At a 1997 news conference, a Holocaust survivor looks through papers con- necting her to dormant Swiss bank accounts opened by her family during World War II. As a says, “because it coincided with the Clinton lawyer for the plaintiffs in a class-action suit, Elizabeth Cabraser helped negotiate compen- administration, which was highly committed, sation from Swiss banks for survivors of Nazi persecution. and helped persuade the Swiss and German governments to support compensation.” U.S. District Court Judge William G. slave-labor settlement was an elderly Roma Lieff Cabraser earned $1.5 million in Bassler said, “Up until this litigation, … the man. He was suspicious of courts, but over

ng attorneys’ fees in the Swiss banks case; claims of slave and forced labor fell on the course of the suit had come to trust lli e m

h the firm donated the entire amount to deaf ears. ... What has been accomplished Lieff Cabraser’s attorneys. When the settle- c S l Columbia University Law School (Robert here with the efforts of the plaintiffs’ attor- ment was approved, Cabraser recalls, “He hae ic Lieff’s alma mater) to endow a law-clinic neys and defense counsel is quite said, ‘The Roma are always forgotten. This chair in human rights. incredible.” time, you didn’t forget us.’ That’s when I P Photo/M P

A In accepting the slave-labor settlement, One plaintiff who came to court for the really felt like we’d succeeded.”

Spring 2012 | Transcript | 25 26 became her regular study hangout. “One day Isaw an index practitioner inSonoma County. Thelawcounty library a card onacorkboard. butlife-changing Alowly indexcard. and steeply upward path—was not aflash in the heavens, but intended—“saying or‘estates law’ ‘tax and trusts.’ ” there if need wasn’t to worry abolt from theblue”—no pun tosibilities, be infinitely capacious, and I realizeddidn’t I path,”certain shesays. law “The seemed to have infinite pos place is—a where you weren’tthink itstill pushed along a she was allowed to beequivocal. “It was, at thetime—andI about thelaw through all law school.” Fortunately, at Boalt, took thetest, Igot in,and Iwent. equivocal But Iwas very yers inmy family,” shesays. can’t “Istill say why Iapplied. I eachwooden drums, craftedfrom asinglepiece of wood. president ofCraviotto Drum Company, a maker ofhigh-end playsshe still occasional weekend music she’s gigs; vice also of disco, sheeven considered making acareer ofmusic. Today fromoff her studies and to perform tour. the adventUp until year undergraduate stint at UCBerkeley, sheoften time took I was inhigh school and college,” sherecalls. her During six- in localbands. “Imade whenplaying apretty living music good of field hands. beganShe also scoring paychecks as adrummer work thatgrueling gave her adeep appreciation forthelabors vesting lettuce and other producefriend’s ona farm— family was labor—and hewas dignity.” from college. He was aunionorganizer workplace. inhis He a self-taught photographer, industrial notgraduate did who of my parents were and raised born inOakland. My dad was offers. “I’mfrom a blue-collar background in BothOakland. subcompact. to and from thesettlement conferences inarented bivouacs inatiny studio apartment. She chauffeurs herself pumps. She answers In her emails. own New Orleans, she Taylor sneakers to Dior suits and Manolo Blahnik power whose vehicles lost value because of a perceived rollover danger. FORD ACCORD: Cabraser began earning her way own inhigh school, har It of1977,and shewas a3Lclerking was thefall fora sole set finally her ona path—ancertain unequivocalWhat Law“There an Almost school? afterthought. were no law “Spiritually and politically, I’m oneofthe 99percent,” she

Transcrip Cabraser helped win a settlement to compensate 8 million Ford Explorer owners t

| Spring 2012 - - - few loose to ends up. tie forawidow’s Onewas abrief life to devote himself to grapes and hehad winemaking—but a was closing practice—he’d his planted and wanted avineyard a local sole practitionerLieffspoke Lieff. named with Robert so that sounded pretty good.” the She called number and needed; $5/hour.’ Work-study was paying $3.50at thetime, card board,” onthebulletin sherecalls. “It research said ‘legal smiles. Yeah, poorBob Lieff. Pity right. “He’d retired, and Iunretired him.” She shakes her head; “That’s had consequencesterrible Lieff,” forBob she says. card. Cabraser could have easily overlooked butshe didn’t. it, of Mass Torts Litigation/Class –Plaintiffs. Actions national “Law Firm oftheYear” for2011-2012inthe category Nashville. with offices instaff of250, San Francisco, New and York, Cabraser Heimann &Bernstein has 65lawyers and atotal reputation and caseload grew, sothefirm; did today,Lieff Lieff made wins. Cabraser As theirlaw his in1981. partner tice, and an astonishing ofhigh-profile cases tally bigand better place forthese cases in thanSonoma.” court county RICO statutes, infederal and in filed San court Francisco—a came in. The ity SEC wasn’t going to investigate, so we used elderly investors,”winking whereis legal shesays. creativ “This and financial I filed fraud cases against who people were hood underdogs, her legal training armed her to fight forthem. “Bob them 20percent interest, took theirmoney, and left town.” money by investing some nice young promised with man who we’d them, we’d interview findoutthat they’d their lost all into Bob’s office, ostensibly when But wills. to change their high inthelatewas very ’70s,” shesays. “Retired people came aproblemfix for someone.” putting I’dtogether Ithink, real everything click, learned to likedwe it. And I won.That it; hefiled wrote was it; first my day.the next “It was my first all-nighter,” Cabraser says. “I insurance heneeded claim, which researched and written Not bad, considering begana three-by-five-inch it all with The restis history—history, aburgeoninghard work, prac Cabraser’s background salt-of-the-earth inclined her toward Thatall-nighter first was followed by many more. “Inflation U.S. News/Best Lawyers “ T — l f ar o of as Da t p El r he i ria l n G t iz o

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Reshaping Class-action Litigation was 30 years ago.” She pauses, looking away, or perhaps inward. The “organized gallop” in the BP class action—two years from “If I had it to do again, I’d spend more time—way more time— the start of the spill to the filing of the settlement motion— with my kids. I owed my kids a lot more than I gave them. reflects a seachange in the way complex class-action suits are Fortunately, they’re now grown and well adjusted, and they handled. And Cabraser has been on its leading edge. forgive me, and we’re friends. And I have a partner of 31 years, “The old days of the solitary plaintiffs’ trial lawyer as David Marguerite Longtin, whose tolerance allowed my career to taking on Goliath are gone from major litigation,” she says. happen, and whom I’m trying not to shortchange. But I did She pegs the turning point as 1994, when the first tobacco not do as I should have done in terms of balancing my life.” class action—Castano v. American Tobacco—was filed in fed- She gives a slight shrug. “Unfortunately, we haven’t been able eral court in New Orleans, with Lieff Cabraser in a key role. to reform the legal profession so that there is a balance. And Plaintiffs’ lawyers had learned from their battles in prior com- it’s gotten worse with these”—she points to her smart phone— plex cases, including asbestos litigation, breast-implant litiga- “because you’re always working. It’s crazy.” tion, and Exxon Valdez. “Plaintiffs’ lawyers are competitors,” Crazy or not, she does a good impersonation of a 21st- Cabraser adds. “And individualists. We’re sometimes called century cowboy, galloping between the Gulf Coast and entrepreneurs, but that’s a euphemism for ‘unorganized and California, dividing her time and attention between the BP under-capitalized.’ We’d learned the hard way that when a case settlement and another high-profile case: the accelerator- demanded a lot of resources—continuity, the ability to retain malfunction class action against Toyota. In that case—another experts, the ability to do discovery amid millions of docu- complex dispute likely to involve billions—she’s one of only ments—we needed to emulate the defense: very large, highly five co-lead plaintiffs’ attorneys. “Fortunately, I have 24 hours organized litigation firms.” in my day,” she shrugs. “And some days, I spend 24 hours on These days, as in the BP case, judges generally impose orga- those two cases. Also fortunately, I have great partners and nization and structure on large classes of plaintiffs, appointing great associates, and I don’t have to do it alone.” steering committees of qualified litigators. But inCastano , the She’s accompanied by the spirit of her mother, whose plaintiffs’ lawyers had to organize themselves. “There were “slightly off-kilter sense of humor” she regards as “the best 100 plaintiffs’ law firms involved,” Cabraser says. “We pledged antidote to jerkhood.” And she’s inspired by the can-do, grass- a million dollars apiece toward costs, and we created a gov- roots ghost of her father. “My dad could make anything, fix erning structure to oversee everything.” anything, do anything,” she says. “He was most happy when It worked. The team—a de facto or virtual big firm—won he was designing something, building something, fixing some- the first class-action settlement ever from Big Tobacco, pav- thing.” Cabraser herself, back in high school and college, ing the way for dozens of tobacco suits nationwide. Castano repaired her own drums to save money; she still draws on is an important case study in litigation history—one that those skills in suggesting improvements at Craviotto Drum Cabraser herself covered in her 2012 spring-semester course Company. Clearly she is her father’s daughter, an apple that at Boalt, “Tobacco Litigation: Legal Theories and Procedural did not fall far from the tinkerer’s tree. “He’s why I approach Approaches.” Teaching the weekly course kept Cabraser away the law as a craft—a tool to fix things,” she says. from BP settlement negotiations at times. But her colleagues— There’s a fancier gloss on her Lieff Cabraser profile page. and adversaries—in New Orleans accommodated her teach- “Justice is a bone-deep urge toward fairness in things large ing commitment. and small,” she writes. “It’s the human journey toward a bet- “In a way, the most complex litigation is the most anachro- ter world.” nistic,” Cabraser says. “It’s like 18th-century barrister practice, And so, at around 9 a.m. on April 18, 2012—two days shy the Inns of Court. People who know each other well and work of the BP spill’s two-year anniversary—a bleary-eyed Cabraser together all the time share a commitment to the success of looked out a window, noticing the outside world again for the enterprise, even when they’re on opposing sides. In com- the first time in days. She made the rounds of the rented offices plex litigation, we tend to have a highly developed sense of and computer stations from which the various pieces of the responsibility and professional courtesy, because we’ll all be settlement motion had been filed, shaking hands with col- back in the same courtroom, facing the same judge, next week.” leagues and opposing counsel. Then she hurried out, hopped That’s not to say that Cabraser’s years in complex litigation into her rental car, and dashed to catch the first flight home, have been genteel and easy. Far from it. “Plaintiffs’ lawyers toward her Boalt litigation class, and toward the Toyota case— are the last cowboys,” she says. “It’s a very macho profession, way points all, in her own human journey toward justice and hugely demanding in time and effort, and there’s a lot of col- a better world. n lateral damage to family and to personal life.” Women have a particularly high casualty rate. “In the profession—certainly Freelancer Jon Jefferson is a writer and documentary producer. He on my side of it—women have not made nearly the progress has written nine books—seven crime novels and two nonfiction they should have,” she frets. “It’s still virtually the same as it books—in collaboration with forensic anthropologist William Bass.

Editor’s note: On May 2, U.S. District Judge Carl Barbier granted preliminary approval to the proposed medical and economic settlement agreements in the class-action suit against BP. A final approval hearing is scheduled for Nov. 8. The trial against the remaining defendants—Transocean and Halliburton—is scheduled to begin in January 2013. Says Cabraser, “The gallop continues apace.”

Spring 2012 | Transcript | 27 greaT eXpecTaTions aT 100, can boalT redefine The g reaT laW school? By Jon JeFFerSon

28 | TranscripT | Spring 2012 greaT eXpecTaTions aT 100, can boalT redefine The g reaT laW school? By Jon JeFFerSon photography By MiChael layeFSKy

PHOTOGRAPHY BY JIM BLOCK Spring 2012 | TranscripT | 29 n the foreground of the photo, a makeshift wooden shack huddles against the high stone wall of a half-fi nished ibuilding. Th e building dwarfs the shack; in fact, it could just about slip through the building’s door- way. Th e fi rst story is fi nished; the second story is barely begun: A fl at, open platform, it’s framed by massive uprights and topped by skeletal raft ers and beams. It’s February 8, 1910, and the building taking shape in the photo is Boalt Memorial Hall of Law—the original Boalt Hall—funded by Elizabeth Josselyn Boalt as a tribute to her late husband, Oakland att orney and judge John Henry Boalt. Th rough a retrospective fi lter, tinted by the passage of a of a legal education and the realities of the legal job market century since Boalt Hall’s creation in 1912—that simple, mean that going to law school may not pay off for a large work-in-progress photo is symbolic: One stage of the law number of law students.” school is fi nished, but the second is just beginning—out- Nationwide and at Boalt, law-school applications have lined; not yet set in stone. dropped in recent years. Nationally, they fell 10 percent last What bett er moment to ask: Where do we stand now? And year. At Boalt, the drop has been smaller but still signifi cant, what will—what should—that second stage, the second cen- says Dean of Admissions Ed Tom. Tom att ributes the decline tury of Boalt Hall, look like? Boalt’s leaders have already to a “double whammy”: the recession plus the rising cost of begun to seize hold of these questions, broadening the cur- tuition, which the state of California no longer subsidizes as riculum, gradually expanding the school’s international reach, it once did. “When the recession fi rst hit, there was initially and increasing its professional skills training. But these are a spike,” Tom says of applications. “Th at’s something we’ve mere baby steps, according to Dean Christopher Edley, Jr. seen before—when the economy goes down, people look to “Th e past century has witnessed much change in this and graduate school as an investment for the future. But the lon- other great law schools,’’ Edley wrote in a recent article for ger a recession goes on, the more nervous potential students the California Law Review, “but very much less change than get about taking on the cost.” Th is year, Boalt had 7,013 we must be prepared to make in the hundred years to come.’’ applicants—a fi ve-year low. Mind you, those 7,013 people are applying for just 260 to Turbulent Times 280 slots, and with an acceptance rate of less than 10 percent, Th e questions about Boalt’s future come at a time when the Boalt remains one of the nation’s most selective law schools. legal profession and legal education are, by some reckonings, But like other top-tier law schools, Boalt is also experiencing in rough seas. At large fi rms, more than one-third of new what Tom calls “a decline at the top of the pool—declining associates leave by the end of their third year and 55 percent LSAT scores and declining grade-point averages.” of their overall lawyers expect to change jobs within the next Th e result? Intense competition to reel in the best appli- two years. cants. “It’s not just how many applications you get or how But at least there’s the consolation of compensation, right? many students you accept,” Tom explains. “It’s how many Th e certainty that earning a law degree and passing the bar admitt ed students you end up with, and their caliber and will ensure a prosperous career? Not a given these days. A credentials. Th ere’s a ‘yield war’ going on, and it’s fi erce.” 2009 report from a commission of the American Bar One favored weapon in the yield war? Money. “If we admit Association cautioned, “Th e combination of the rising cost a student and three other schools do too,” Tom says, “we’ll

30 | TranscripT | FALL-WinTErSpring 2012 2008 get a call saying, ‘school X has offered me Y dollars; can you Gold Standard or Golden Shackles? match that?’ Often we can’t. We’re competing with top schools The national employment rate for law-school graduates is at that will spend any amount of money to maintain not only its lowest point in nearly 20 years—a fact probably not lost the size but also the quality of their classes. Fortunately, we on every job-hunting 2L, every exhausted 1L, even every have this wonderful school, in a wonderful place, with won- prospective student who has done a speck of research on the derful weather and a wonderful culture. But sometimes, in job market. Overall, 85.6 percent of the class of 2011 was the end, money is king.” employed nine months after graduation, according to the National Association for Law Placement. The picture is Rankings, Rankings, Rankings brighter at Boalt, though. Graduates in 2011 had a 94.2 per- Money may be king, but rankings are the power behind the cent employment rate. They’ve had “to be more flexible about throne. The influence of rankings—of schools and appli- the kinds of jobs they’ve taken,” says Terry Galligan, director cants—is hard to overstate. of Boalt’s Career Development Office. But the effect has been Law-school applicants are ranked by an index that com- “not as profound as at a lot of other schools.” bines LSAT scores and undergraduate GPAs. Other factors— One likely reason? Pedigree. In a bear market, graduates interviews, essays, extracurricular activities—play only a of elite law schools have an especially keen edge, and Boalt secondary part: The primary sort is numerical. According to is an indisputably elite school. In the latest U.S. News & World Professor Emeritus Marjorie Shultz, who taught at Boalt from Report rankings, Boalt placed seventh among U.S. law 1976 to 2008, that numerical sort—the differentiation on schools—and No. 1 among public law schools. which admissions choices can hinge—gives more and more Granted, such lofty status can be a double-edged sword, weight to digits that are less and less meaningful. argues William Henderson, director of the University of Shultz’s interest in law-school admissions began in 1996, Indiana’s Center on the Global Legal Profession. “If you look when California voters approved Proposition 209, an initia- at any industry or sector, the elites find it harder to innovate,” tive that effectively ended affirmative-action programs at state he says. “That’s why for years Microsoft bought its competi- universities. “When Prop. 209 passed,” she recalls, “Boalt’s tors rather than innovating. You can go a long time in law number of underrepresented minority admits dropped way with an elite brand, but at some point, if the substance doesn’t down. In fact, the year after it passed, we had no African- line up with the brand, you’re going to suffer.” The biggest American admits. I began to wonder if we were going to end risk, he says, is complacency: “If you read history, that’s what up re-segregating law schools. I started thinking about how causes giants to topple.” we admit students, and how we define merit. Merit for what? Henderson’s prescription for avoiding complacency? “The If we were interested in merit for entering the legal profes- 26 Berkeley effectiveness factors,” he says without hesitation. sion, were we capturing it?” “Embrace those factors. Prioritize them. Say, ‘we’re going to Shultz teamed with UC Berkeley professor Sheldon Zedeck, deal with these in the first year, those in the second year, and an industrial psychologist whose interests include employee leave the remaining few for the early years of law practice.’” hiring. “We quickly concluded that merit was rather poorly The changing legal job market, the rising costs and debt defined by the LSAT,” Shultz says. “We found that the LSAT burden on students, and shifts in thinking about how a law measures only three things: analysis, logic, and reading. And degree can be used have not gone unnoticed by Boalt admin- while those things are quite important to lawyers, they form istrators and faculty. The school is investing more in financial a very narrow band of competencies, and they’re certainly aid, putting more resources into career-development services, not everything that matters.” and ratcheting up study in areas such as business law. As They eventually developed an alternative way to gauge tuition rises and affordability recedes as a selling point to merit, one developed to answer Shultz’s “merit for what?” prospective students, Edley says the school needs to empha- question. “The LSAT asks, ‘Who will be a successful first- size how it is distinct from other top law schools. year law student?’” Shultz explains. “We asked, ‘Who will be “Our mission and value must be reflected in things other a successful lawyer?’” Through interviews, focus groups, and than a price tag,’’ he says. “And that can’t just be rhetoric. We surveys with more than 2,000 attorneys, Shultz and Zedeck should be able to point to things in the careers of our gradu- identified 26 “effectiveness factors” that measure traits and ates, the content of our curriculum, the focus of our research, skills crucial to success in law practice. Among them: creativ- and the composition of our student body, that distinguish ity and innovation, problem-solving, building relationships us from elite private schools.” with clients, listening, negotiation skills, networking, com- Boalt has already been influenced by the Shultz/Zedeck munity involvement and service, integrity and honesty, stress findings, according to David Oppenheimer, who was hired management, and passion and engagement. three years ago to fill a newly created position as the school’s In their 2008 final report on the project, Shultz and Zedeck director of Professional Skills. “The full-time professional- noted, “Today, it is harder to get into law school than to pass skills faculty have discussed how we can use the Shultz/ the bar; thus admissions decisions choose the nation’s law- Zedeck research in our teaching and assessment. We’ve also yers.” Judging by the interest shown at an April 2012 confer- held a training session for about half of our 50 adjunct lec- ence on the 26 effectiveness factors, that “final report” may turers to discuss how to incorporate it in their teaching. And be merely the first chapter in the project’s contribution to we’ve written and distributed a guide to drafting a syllabus reshaping legal education. and planning a skills course in which we use the 26 effective-

Spring 2012 | Transcript | 31 ness factors as a checklist for skills that we should be school’s founding dean, William Carey Jones, at the dedica- teaching.” tion of the original Boalt Hall. Jones’ speech—“The Problem of the Law School”—began provocatively: “The law schools The Dean’s List of this country have never faced their problems. Like most Greatness can’t be imposed by fiat, but it also can’t thrive in a institutions coming down from generation to generation, leadership vacuum. In his April 2012 California Law Review they have been slow to inquire into the original justification essay, Edley explores the notion of “the Great Law School,” and of their plans and programs, or to seek to learn whether what lists actions that he believes are required to achieve greatness. was once justified still retained its reason for being.” Jones’ He begins by revisiting the transcript of a speech by the prescription: “The law school that is the more scholarly in character,” he declared, “is on the whole the more practical.” Boalt capped its first century by expanding three And so began a century-long pursuit key programming areas: professional skills, interdis- of scholarly excellence—one that some ciplinary collaborations, and global outreach. observers, including Shultz, believe succeeded too well. “I’ve always thought it important to integrate the- Skill-Building ory and practice,” she says. Boalt was In 2009, Boalt’s decision to hire Pretrial Civil Litigation. Most incorporate slow to embrace clinics, for example, David Oppenheimer as its first direc- actual or simulated client representation Shultz says. But “the current environ- tor of Professional Skills signaled a through role-playing exercises, demonstra- ment has changed, largely thanks to growing emphasis on practical training. tions, and discussion. Chris Edley. Today, we have top-rated Since 2010, all students have been required The required First-Year Skills Program clinics that provide valuable experience to take a professional skills course, live-cli- includes Legal Research and Writing and for students. And the dean’s vision ent clinic, or field placement, in their second Written and Oral Advocacy. Boalt also involves creating research centers or third year. Many skills courses are taught sponsors internal events, and has around policy clusters, centers that by experienced practitioners, and most are achieved huge success in major advocacy incorporate both theory and practice kept small to maximize pragmatic learning. competitions. In three national tourna- and are focused on research that leads Boalt now offers 25 skills courses, from ments this year, Boalt student teams in the areas of real-world policy.” Depositions and Mediation to Drafting placed second out of 191 entries, second That trend will accelerate in Boalt’s Documents for New Businesses and out of 112, and third out of 224. second century, if Edley succeeds in implementing his three-part vision of Campus Collaborations the Great Law School of the future: What helps set Boalt apart from ments, and the law school offers students a (1) Train all types of lawyers. (2) Train other top law schools is its connec- range of concurrent degree options. lawyers and non-lawyers to collaborate tion to dozens of UC Berkeley Among the many collaborations: joint on important and difficult problems schools and research programs.The univer- research with the Haas School of Business, of society. (3) Think globally. sity boasts the nation’s highest number of and College of Engineering; interdisciplinary Lawyers of Every Type graduate programs ranked among the Top courses with the Departments of Sociology 10 in their fields—and highest number of and Economics; concurrent degree pro- The wording is simple, but the impli- top-ranked doctoral programs. grams with the Goldman School of Public cations are profound. Training “all Boalt has ramped up its efforts to share Policy and Graduate School of Journalism; types of lawyers” includes training ideas, courses, faculty, and students with and co-sponsored events with the Berkeley lawyers who don’t actually practice law. these programs. Numerous law professors Energy & Resources Collaborative and “We must embrace a curriculum,” hold joint appointments with other depart- Center for Latin American Studies. Edley writes, “designed to prepare students for legal careers outside the traditional practice of law.” More critically, Going Global he notes, “We prepare students quite Boalt’s globalization efforts are als from around the world who want an in- well for a career in the law, but less nascent, but growing. Its aca- depth understanding of trends and best comprehensively for careers with the demic-year and summer profes- practices in areas such as intellectual law.” He aims to change that, broaden- sional LL.M. programs—which serve property law, antitrust regulation and ing the application of a legal education primarily international students—enroll enforcement, corporate finance, and secu- to fields such as business, technology, about 200 students at any given time. rities regulation. The program has also health care, and public policy. The school also recently launched its signed partnerships with schools in China The law school has taken some International and Executive Legal and South Korea, and hosted speakers strides in that direction, notes Gillian Education program, designed for lawyers, from those countries, as well as from Lester, associate dean for J.D. Program general counsel, corporate executives, Thailand. and Curriculum Planning. “Some of government officials, and other profession- —Andrew Cohen and Michael Bazeley our business law courses are being

32 | Transcript | Spring 2012 taught increasingly—almost exclusively—through an inter- We should be able to point disciplinary approach,” Lester says. “You can’t do a deal, for to things in the careers instance, unless you understand the economics behind it. These [cross-trained] graduates are going to leave law school of our graduates, the very well positioned to be either lawyers or CEOs. That’s a “content of our curricu- natural result of the evolving content of the courses.” Another form of cross-pollination originates with students, lum, the focus of our according to Lester. “We have law students taking courses in research, and the composi- environmental science,” she points out by way of example, “and environmental-science students taking courses in law.” tion of our student body, Such boundary blurring continues after graduation as well, that distinguish us from she says. “I know former students who are working for patent- troll busters, biotech startups, even companies like Facebook. elite private schools.” Most of them are working as lawyers, but some are doing —Dean Christopher Edley, Jr. more outside-the-box work”— not just in the law, but with the law, just as Edley envisions. The benefits aren’t just theoretical; they’re societal, Edley global legal culture. “As life grows in complexity, the ubiquity argues. The Great Law School—especially the Great Public and centrality of law increases even faster,” he says. “China Law School, he says—has a responsibility to tackle the world’s is a great example. The explosion of market capitalism there greatest challenges. has triggered exponential growth in demand for law and legal In addition to nurturing Boalt’s existing research centers, institutions, and created a voracious appetite for understand- Edley says the school should continue to forge strong alli- ing Western legal systems. Especially ours.” To satisfy that ances with other professions and disciplines at the university, appetite, Edley has forged multiple collaborations and proj- begin providing “service courses” to non-law students, and ects for faculty and students in China. appoint law faculty who have expertise in non-law areas. At the end of his California Law Review essay, Edley frames “It’s obvious that everything from stability on Wall Street his vision of the global legal culture in historical context: to sustainability in our environment demands the attention of the best our profession has to offer,” he says. “The more We have created communities in the sciences and technology complicated the problem, the more important it is to have for which the bold lines on political maps are all but invisible. the best lawyers the problem allows. That’s precisely who What is true in those domains can also be true, in major we’re trying to produce at Boalt. Over the next few years, we respects, in a global community of the law. That is the story will add more fields in which Boalt is acknowledged to have of public interest law and the fall of apartheid in South the best program around,” he adds. “Not just intellectual Africa, and of American lawyers involved in drafting property and technology, but we’re within striking distance, national constitutions when the Soviet Union dissolved. It is I believe, on business law (especially finance); international the story of growing awareness in China of the importance of law; environmental law; China; and more.” intellectual property protections, and of the introduction of a jury system in Japan. It is the story of protests for freedom of Globalizing Greatness speech and against government corruption. It is the story of To achieve true, capital-G Greatness, though, the law school trade treaties, human rights conventions, cooperative multi- must be more than just interdisciplinary; it must be interna- lateral crime fighting, and trustworthy international capital tional, asserts Edley—truly global—in perspective, compo- markets. And it must become the story of climate change, sition, and reach. “We must take seriously the Great Law access to essential medicines and potable water, hazardous School’s international role,” he writes, “and its duty to shape waste disposal, and the prevention of genocide. a global legal culture that will promote prosperity, security, and human dignity.” Is that the path to future greatness? Check back in another Edley considers the American legal system to be one of the hundred years. But first, take a last look at that old photo of the nation’s greatest exports, and he contends that exportation original, half-built Boalt Hall, and consider this possibility: That should be pursued both at home and abroad. “The Great Law the image is not just a snapshot from history, but a metaphor School should not be satisfied to teach its domestic students for the future. That the world keeps changing and the profes- about the laws of the United States or even the laws of the sion keeps changing, and that any school preparing students world,” he argues. “Instead, it must contribute to a new global to become great lawyers—or great leaders who work with the legal culture and seek participation by foreign partners.” Edley law to solve society’s toughest problems—must change as well. envisions a future “in which perhaps half of the students are That the Great Public Law School is still under construction. citizens of other nations, and the student experience is struc- Forever under construction. n tured to exploit that diversity.” Such a shift in student demo- graphics could yield profound consequences worldwide within Freelancer Jon Jefferson is a writer and documentary producer. He a decade or two, he predicts. has written nine books—seven crime novels and two nonfiction The dean is setting his sights, and Boalt’s, on building a books—in collaboration with forensic anthropologist William Bass.

Spring 2012 | Transcript | 33 LINES OF CONVERGENCE: Jason Schultz ’00 sees Boalt as a pivotal player in both the history and the future of privacy protection.

34 | Transcript | Spring 2012 Privacy, FEATURE Policy, and the Public Interest Jason Schultz ’00 describes the challenges of privacy law in the internet age and Boalt’s role as a leader in the field.

Tk Interviewed by Andrew Cohen

photography by JIM BLOCK Spring 2012 | Transcript | 35 tially established the four privacy causes of action recognized by most states today. While much has changed since then, What’s it like Schultz believes that “threats to undermine privacy continue to pose significant challenges to the public interest, especially for those with fewer resources or less access to power.” trying to capture Influential privacy work has played a major role in Boalt being ranked No. 1 among U.S. law schools in intellectual property in 14 of the past 15 years. Paul Schwartz (see page 38), one a typical day for of the nation’s first privacy law scholars, is now one of its fore- most authorities. So, too, is Chris Hoofnagle (see page 37), privacy expert who chairs the annual Privacy Law Scholars Conference. Boalt’s privacy dream team also includes Berkeley Center for Law & Technology Faculty Director Pamela Samuelson— Jason Schultz, whose $2-million contribution launched the Samuelson Clinic in 2001—and fellow professors Kenneth Bamberger, Jennifer Urban ’00, and Deirdre Mulligan. The nation’s first of its kind, the multitasking the Samuelson Clinic has spawned similar clinics at roughly a dozen other law schools. “Our expertise in privacy relates strongly to Boalt’s mission co-director of as a public institution,” says Schultz, who co-directs the clinic with Urban. “We’re here to serve the needs of the broader public and to help train advocates who can work on their behalf. Boalt’s Samuelson It’s incumbent upon us as faculty, students, and alumni to ensure that privacy laws and policies reflect this commitment.” Recently, Schultz spoke with Senior Communications Law, Technology Writer and Transcript Managing Editor Andrew Cohen about & Public Policy privacy’s growing impact on our daily lives. Andrew Cohen: Is it fair to say that in today’s world, privacy law affects more Americans than any other area of law? Clinic? A little like Jason Schultz: Probably so. Like many other areas of technology law, privacy is part of everything we do online now. So as each area of law becomes more present online or in the trying to capture tech world—tax, contract, strict liability—privacy is impli- cated in two main ways. The first is that people know much more about you and may use that information in various an eel—one- ways. The second is how privacy information is being pulled into litigation, allowing parties to discover things about you handed. from your supposedly private activity. It’s often reported that most consumers don’t understand While lawmakers struggle to keep up with the blink-and-you- how their private information is used. How have policy- missed-it changes in technology, Schultz embraces the frenzied makers failed to grasp the impact of this? pace. He teaches the clinic’s seminar, guides its working part- The big challenge for policymakers is addressing a constantly nerships with top tech organizations, oversees student projects, changing knowledge gap at every level. There’s a gap between cranks out research articles, and presents regularly at legal and the notice companies give about what data is being collected academic conferences. His both-ends candle burning also and how it is being used and what consumers know or believe includes submitting testimony on privacy issues in Washington, of those practices. And there’s a gap between what our cur- D.C., filing amicus briefs, and lending his insight to news reports rent understanding of data collection and exploitation might in major media outlets such as The New York Times, The Wall be and what is actually happening inside the computers. With Street Journal, Fox News, and National Public Radio. so much innovation and expansion in this field, it’s hard to “It’s an exciting time to be involved in this area because so keep up with all the latest developments and practices, even much is happening,” Schultz says. “And doing this kind of work if you’re engaged on the issues at an expert level. Today’s at Boalt, there’s a sense of responsibility that comes with being briefing may become outmoded by tomorrow’s upgrade. part of the school’s strong tradition in intellectual property, privacy, and working for the public interest.” There is growing recognition that laws can’t solve every That privacy tradition dates back to 1960, when a landmark privacy concern. What policy area is most crucial for the

California Law Review article by Dean William Prosser essen- law to address?

36 | Transcript | FALL-winterSpring 2012 2008 Mobile privacy is a policy priority. e way we COMPLAINTS AND COMPLIANCE: give o our data as we roamour location, our Chris Hoofnagle habits, who we associate with, how we spend our (right) and Jason moneyhas yet to be addressed comprehen- Schultz helped create an online sively from a policy perspective. service for regis- tering privacy Will the lag between technology and public concerns about policy only get worse as the speed of techno- websites and social networks. logical change continues to accelerate? Yes, and to address that we need to move away from segmented or technology-speci c data legislation to a more mosaic approach that sees the big picture. ink about who you’re trying to protect and from what. ere are vulnerable Monitoring populations in society who are more likely to be harmed and have fewer resources to help themselves. We’ve seen the Federal Trade Commis- the Monitors sion [FTC] do some good work in this area, developing rules and approaches that aren’t tech- speci c but are enforced with regard to using When some of his friends grumbled about how a website monitored their technologies in speci c ways. online activity, Chris Hoofnagle kept hearing the same complaint: “Where do I complain?” Can some of these problems be solved more “There has been serious confusion about that,” says Hoofnagle, who proactively? directs information privacy programs at the Berkeley Center for Law & No question. ere needs to be more privacy by Technology. For years, such complaints were mostly fi led with industry-run, design. Rather than legislating in reaction to new self-regulatory bodies that often mischaracterized them and rarely referred technologies, we should raise the privacy impli- them to authorities, he says. cations for each technology early on. People can Wanting to change that landscape, Hoofnagle and fellow Boalt privacy expert then create and implement that technology in Jason Schultz ’00 spent two years working toward a solution with the nonprofi t an ethical way by factoring in privacy protection Privacy Rights Clearinghouse (PRC). In 2012, PRC launched a go-to online ser- mechanisms. at way, it’s not up to policymak- vice for airing privacy grievances about websites and social networks. Users ers to pick them o one by one. can log anonymous criticisms or share their identity and problem with journalists or government enforcement and consumer protection agencies. Will we see a privacy ‘bill of rights’ from the “This accessible, centralized venue for lodging privacy concerns is long Obama administration? overdue,” Hoofnagle says. ey have proposed one as part of their “We Hoofnagle, also a senior staff attorney at the Samuelson Law, Technology Can’t Wait” initiative. Congress is unlikely to & Public Policy Clinic, was an adviser to a student-run research study on how lead on this issue, so I think the administration people protested online privacy violations in 2009. The study—which sparked has taken the helm. However, the White House Boalt’s collaboration with PRC—found that although consumers are largely can only lead as a bully pulpit, and promote a unaware of how sites track their browsing and search activity, they neverthe- vision and process for building support from less want more control over their personal information. consumers, academia, and industry. Whether “Unless there’s an easy way to register and measure perceived privacy vio- Congress will act is another question. lations, policymakers won’t have the right metrics to help solve the problems,” Schultz says. “Our hope is that this tool provides much-needed data to What are effective deterrents to inappropriate improve and protect privacy online.” data collection and misuse by corporations? Hoofnagle and Schultz encountered several challenges in constructing Class-action suits and ramped-up FTC enforce- PRC’s service: converting old databases into more effi cient models, fi guring ment have been effective on two fronts: for out how to best steer individuals within the system, and reaching consensus deception-based privacy policy violations— on the most practical layout. where a company says it will use your data for Clearing those hurdles helped PRC launch a simple, browser-based system X but uses it for Y—and for breach of data that organizes objections into smaller subcategories. If users have a com- caused by a security weakness. What’s harder is plaint similar to one already logged, they can note that with one click rather to counteract the business model that exploits than enter a new grievance. PRC—which fi elded privacy concerns by email consumers who have quickly scrolled through and phone for almost 20 years—responds within two business days. a long, convoluted set of terms—including per- “The challenge now is getting consumers to fi nd this tool and explaining to mission to collect personal data—and clicked them why it’s different and more effective,” Hoofnagle says. One big advan- “agree” without understanding the broader tage? “Privacy Rights Clearinghouse is well placed in Google and easy to fi nd.”

JIM BLOCK JIM implications. —Andrew Cohen

SPRING 2012 | TRANSCRIPT | 37 Facing the PII Problem: A Deﬁ ning Moment in the Online Age A recent article by Boalt Professor Paul Schwartz is resonating strongly I.D. AND IDEALS: Paul Schwartz has with policymakers and a plan for improving controls on the use of personally identiﬁ able practitioners. information.

“The PII Problem: Privacy and a New Concept of Personally depending on whether it can be tied to “identifi ed” or “identifi able” Identifi able Information,” co-authored by Schwartz and George individuals. Sometimes apparent non-PII can be linked to individuals— Washington law professor Daniel Solove, was published in Vol. 86, and “de-identifi ed” data can later be re-identifi ed. To illustrate this situ- No. 6 of the New York University Law Review. As a growing number of ation, the article describes problems with current approaches to online users know, private companies are gathering and reusing infor- behavioral marketing and how PII 2.0 would fi x them. mation linked to individuals without their permission. The premise of Schwartz, one of the world’s leading privacy scholars and an most privacy laws is that no harm occurs if personally identifi able expert on this subject for over two decades, explains that U.S. pri- information (PII) is not involved. At the same time, the law lacks a uni- vacy law has developed one statute at a time, with “no systematic form defi nition of PII. The Schwartz-Solove article develops a new thought about how they fi t together.” approach: PII 2.0. The article on “The PII Problem” is getting signifi cant attention. “Right now, PII is based on a black and white rule: either there is PII Schwartz and Solove have delivered the keynote address at a major and all of privacy law applies, or there is no PII and no legal protec- privacy conference in British Columbia, spoken at a Microsoft policy tion,” Schwartz says. Because of the malleable nature of what consti- gathering in Washington, D.C., and presented their paper to the tutes PII, he thinks the defi nition of this key term should be based on a annual conference of the International Association of Privacy ‘risk of identifi cation’ concept. Professionals. Their article has been downloaded more than 1,000 “Instead of the law’s current on/off switch for regulation, we call times, and has drawn rave reviews from computer scientists and for an analysis along a continuum of graduated legal protections,” industry insiders. Schwartz adds. “That would give regulators and companies greater “We hope to use our momentum to get Congress and other standard- fl exibility to protect information more carefully where greater poten- setting bodies interested in adopting our idea,” Schwartz says. “Europe tial for harm to the individual exists. Moreover, the computer science is revising its data protection directive, so there’s a huge policy oppor- exists to make this workable.” tunity here. This work also is just one example of how Boalt is doing PII 2.0 would establish distinct guidelines for using information, transformative research into real-world problems.” —Andrew Cohen

The FTC is advocating Do Not Track, an opt-out for con- nologies. I like it as a rst step, but not as a panacea. sumers who don’t want their online browsing activities made available to third parties. How feasible is this? How would you evaluate the Children’s Online Privacy We’ll see it for sure in some technologies, but Do Not Track Protection Act (COPPA)? is the beginning of an e ort, not an end. If people think of it e amount of data that companies can collect about kids as a one-time x, they won’t be happy. It’s built on the Do and use in myriad ways is potentially dangerous for all chil- Not Call model, but telephone technology is relatively static. dren’s entire lifetimes. COPPA has been successful in moni- Tracking is constantly changing amid an evolving market- toring some of these companies and bringing a ention to place and uses hundreds, if not thousands, of di erent tech- the issue. However, in response to COPPA, certain sites such BLOCK JIM

38 | TRANSCRIPT | SPRING 2012 as Facebook attempt to ban kids under 13 (the COPPA cut- happening again. Other countries are more proactive in try- off for data collection). But this often results in kids lying ing to prevent harm. The European Union model is predom- about their ages to gain access, and then they lose protection inant, and substantively it’s among the most comprehensive. under COPPA. So it’s having some unintended consequences. Also, COPPA was passed in 1998. We need to rethink how As privacy laws internationally trend toward this EU model, to approach these questions of privacy. We don’t have the what are the main challenges for U.S. companies? internet of 1998: single companies with single websites, One is compliance. They’ll have to deal with global govern- where in a contained environment you could ask how old a ments and harmonization between them. Second—and cloud user was and ask for parental consent. Now, we have social computing is a good example here—they’ll have to rely on networking and mobile technology layers that require a more people around the world to be part of a network for protect- complex approach. ing privacy, and that will make them liable for others’ mis- takes or negligence. It’s a big challenge to understand what’s What improvements can be made to COPPA? going on with the data they’re collecting and using and where Because many adults are as unsure as kids are of privacy rules it is stored, and to ensure that the chain of custody and pro- and dangers, the measure of one’s ability to engage in consent tection is strong and that they have a globally compliant is not a good metric. Rather, we should focus on privacy system that’s carefully monitored. protections for all. Kids are vulnerable in different ways than adults, and we may want to provide them extra protections What has been the biggest impact of Sept. 11 on privacy through enhanced remedies—though I would prefer we all law and policy? be protected equally. It’s impossible to provide a complete overview, but one of the key impacts has been a dramatic increase in the assertion The Supreme Court recently ordered the FBI to turn over of power by the executive branch to authorize domestic spy- 3,000 GPS devices used to track criminal suspects. What ing and wiretapping. The checks and balances we’d had in are the implications of that ruling? place since the Hoover era have been severely weakened. United States v. Jones was probably the biggest Fourth Amend- Without more oversight, we’ll know less and less when our ment case in the past 20 or 30 years, if not longer, in that all government reads our email, watches us with our own devices, nine justices agreed that this use of GPS devices was a viola- and listens in on our conversations without meeting require- tion of constitutional rights. That said, it will be interesting ments such as probable cause. Accountability begins with to see how things play out, because there was a split of judi- oversight, so this is a big concern. cial theories. Some justices focused on the physical trespass of placing the GPS on a suspect’s car. Others focused on a What are the main keys that have helped the Samuelson more general sense of invading the privacy of your location. Clinic build strong relationships with so many top privacy Which rule controls will depend on the next case they take. organizations? The interaction between academia and activism on an issue Cloud computing enhances the ability to collect, store, and like privacy is critical. As part of an academic department, share consumer data. Should the government continue to the clinic strives to produce research to help inform privacy rely on industry self-regulation in this area, or issue com- discussions, as well as to act as a neutral convener for impor- prehensive rules? tant conversations. As a set of lawyers and law students who The thing to worry about with cloud computing is security— represent individuals and organizations that favor the public how well-protected are these cloud-computing facilities? All interest, we also serve as advocates for voices that wouldn’t it takes is one person to break in and decode the data, and otherwise be heard in the debate. Through these roles, pri- then all the privacy is gone, because they’re going to sell it vacy organizations are able to draw directly on our academic to whoever wants it. So encryption and other security prac- work and advocacy. tices are key. So far, most businesses are investing in decent security, but I’m worried they’ll stop at some point, and we’ll You graduated from Boalt in 2000. How much easier is it all become vulnerable. Privacy protection in this arena is now for students to gain meaningful technology-law partly an economic issue: How much will companies pay to experience? keep security at a top level? That’s a dangerous thing for mar- Through our commitments to teaching in the classroom, rep- ket forces to influence, because some companies will com- resenting clients, hosting conferences and events, and pub- promise data security to offer a lower price for that service. lishing research and scholarship, we offer numerous opportunities for students to be at the heart of various technology Why has the U.S. privacy model been a mixture of laws and debates and to have an immediate impact on how they’re self-regulation, rather than a single, comprehensive fed- decided. Many of our graduates have gone on to be major eral data protection law? players in technology lawmaking, rulemaking, and policymak- Part of it is cultural. Europe has a more regulatory model. ing in government, as well as in the private sector, and we When we in the United States discuss privacy harms, we expect more will follow. We had some of these opportunities focus on harms that have happened to specific people, and when I was a student, but nowhere near the breadth and depth we’ve passed laws trying to prevent the same harms from of those today. n

Spring 2012 | Transcript | 39 NOTABLE CONTRIBUTIONS from the boalt CREATIVE WORKS community music: Rachel Berkness ’14 Singer’s New Gig: Law School itting in Property class, trying to absorb a nuance of the mind-numbing Rule Against Perpetuities, Rachel Berkness ’14 would sometimes flash back to summer 2011: onstage at the Minnesota State Fair, in fullS costume, belting out a song with Jonah and the Whales while thousands of fans roared their approval. COLORFUL CROONER: “An incredible experience,” she recalls. “Jonah and the Rachel Berkness ’14 Whales started up in 1981 and built a huge following in Minnesota. Former members have played with Prince and other stars. Being their lead singer for two and a half years friend that Jonah and the Whales needed a lead singer. One gave me a lot of confidence.” phone call and two auditions later, the band picked Berkness. Enough confidence to leave the limelight for Last year, Jonah and the Whales released a live Boalt, where she is focusing on consumer protec- CD, Blubber Soled, which it sells online and dur- tion law. Berkness often gets asked why she gave ing shows. Mostly contemporary and dance- up the rush of touring, dressing up, crowd-surf- friendly—Pink, Lady Gaga, Black Eyed Peas— ing, and singing infectious cover songs to fren- the CD also channels the ’80s with tracks zied crowds. covering Billy Idol and Cyndi Lauper songs. “I love music, but I also love a good argu- While performing memorable hits by every- ment,” she says. “I was a debater in high school one from Ozzy Osbourne and Blink 182 to and really enjoyed attacking a problem and strat- Michael Jackson and Adele, Berkness regularly egizing the best solution. Law school was a natural path.” donned colorful costumes she helped create. Although law As was singing. Berkness started performing in karaoke school is her top priority, a familiar itch recently resurfaced. contests and talent shows at age 10, and won awards as a “I’m starting to miss performing,” Berkness says. “When member of her high school choir. Toward the end of high you find yourself dressing up in the old costumes and jump- school, she says, she “had this horrible job at a bowling alley ing around while singing in your apartment, it may be time and realized something had to change.” to find a new side gig.” —Andrew Cohen Berkness saw an online ad for female singers, auditioned for the band Shelby’s Voyage, and suddenly was performing Blubber Soled (2011) as many as five gigs a week. In 2009, her sophomore year at By Jonah and the Whales

Metropolitan State College in St. Paul, she heard from a www.jonahandthewhales.com

40 | Transcript | SPRING 2012 BOOK: Lise Pearlman ’74 BOOK: Robert D. Cooter The Huey Newton Untangling a Knotty Problem Trial in Context Boalt Professor Robert Cooter sees the intersection of law and economics as a any cases have been a political and social tinderbox. Race place where one can “move readily from the dubbed “trial of the cen- riots had rocked urban centers a year concrete to abstract theories.” Launching tury”—from Scopes to earlier and erupted with renewed vigor Berkeley Electronic Press in 1999—a the Lindbergh baby to following the April 1968 assassination legally intensive process he says is typical Rodney King. But when scholars debate of Martin Luther King, Jr. Tensions for U.S. startups—made him wonder if M legal barriers to innovation were hampering the 20th-century titleholder, one con- increased further with the assassination tender is often conspicuously absent. of Robert F. Kennedy in June and growth in developing “A 1999 NBC TV poll narrowed the clashes between protestors and police at countries. choice to O.J. Simpson or the Clinton the Democratic National Convention in That curiosity led impeachment trial,” says Lise Pearlman August. In September, a perfect storm to Solomon’s Knot: ’74. “Experts championed other con- gathered around an Oakland court- How Law Can End tenders, but none ever house in advance of a piv- the Poverty of mentioned the 1968 otal jury verdict. Nations. Co-authored Huey Newton case. It sur- Huey Newton, minister with Hans-Bernd prised me, since I remem- of defense for the Black Schäfer, pioneer of ber how significant that Panthers, was on trial for the German law and trial was at the time.” the fatal shooting of economics movement, the book describes Pearlman, a retired Oakland police officer John how insecure property, unenforceable con- judge, made history her- Frey. “The Oakland Tribune tracts, and other legal roadblocks stifle self as the first female considered it an open-and- business ventures and sustain poverty. It managing partner of an shut case,” Pearlman says. also offers solutions. established California law “Practically everyone The title refers to a common sailor’s knot. firm: Stark, Stewart, Wells expected that Newton “Just as a Solomon’s knot securely joins two & Robinson, then the would be convicted of first- rings on a ship, business ventures join a second-largest firm in Oakland. She degree murder, and many predicted new idea and capital to create economic devoted seven years to researching and riots in major cities across the country.” growth,” explains Cooter, a co-director of writing about Fay Stender, the attorney In The Sky’s the Limit, Pearlman skill- Boalt’s Law and Economics Program. who sat second chair at Newton’s trial, fully maps out what the repercussions One legal barrier to innovation in develop- assumed lead counsel on appeal, and might have been if the jury hadn’t ing countries is the “double-trust dilemma of helped organize the “Free Huey” move- returned its decision of voluntary man- development.” To launch a business ven- ment. Then, when she realized how the slaughter. Among the theories she pos- ture, Cooter says, “the innovator must trust Newton trial was being overlooked, she its: We likely wouldn’t have a biracial the financier with his idea and the financier expanded her book’s focus, using other president today. must trust the innovator with capital.” major trials as a prism through which She’s delighted that the book is reso- Developing countries often lack solid to view history. The result is The Sky’s nating with a broad range of audiences, legal structures in property, contract, and the Limit: People v. Newton, the Real from the legal community to the gen- business law to protect both parties. Such Trial of the 20th Century? eral public. One of her daughters, after uncertain circumstances can make well- “It was a challenge to condense the reading her comparisons of these big- heeled potential investors uneasy, limiting other ‘trials of the century’ to a single headline legal events, asked her, ”Why innovators’ funding options. Cooter says: chapter each,” says Pearlman, who don’t they teach history this way?” “Legal institutions must allow venture profits returned to Boalt in February to deliver One could argue that Pearlman is to remain in the hands of the innovators and a guest lecture about her book. “I had doing just that. —Ben Peterson their financiers.”—Diane Fraser to include enough detail and flavor to establish context. Only by doing so The Sky’s the Limit: People v. Newton, the Solomon’s Knot: How Law Can End the could I let readers fairly compare them Real Trial of the 20th Century? Poverty of Nations to the Newton trial.” By Lise Pearlman By Robert D. Cooter and Hans-Bernd Schäfer

By late summer in 1968, America was Published by Regent Press, 2012 Published by Princeton University Press, 2011

Spring 2012 | Transcript | 41 Boalt Student Action FAST FORWARD Figures

rake in millions from their football and basketball programs. Virtually all Division 1 football and basketball athletes receive full scholarships but are not otherwise paid. Fram and Frampton see these powerful institutions as withholding funds that are not rightfully theirs. The injustice is exacerbated, they say, when the NCAA suspends college athletes for trading their bowl-game rings or tournament medals for shoes, tattoos, and other items. “These players should be treated as GAME CHANGERS: university employees,” Fram says. Thomas Frampton ’12 “Our research shows that state labor and Nicholas Fram ’12 laws would allow them to unionize and to legally negotiate with universities over the terms and conditions of their service.” Classmates and good friends, Fram and Frampton began exploring the “pay- College Athletes: for-play” issue last summer. They dis- covered that past legal research on the issue had focused on federal labor law, and that no one had closely examined Players or Workers? whether state laws could enable college athletes to receive compensation. aw review content is penned Collegiate Athletic Association “We wanted to shift the debate to almost exclusively for schol- (NCAA). ask ‘What does it mean to work?’” ars, attorneys, and judges. In February, Chicago Sun-Times col- Frampton says. “What would it take But a new article from umnist Rick Telander wrote that the for our legal system to recognize ‘ama- Nicholas L Fram ’12 and Thomas paper is “fascinating and—dare we say teur’ sports as a form of labor?” Frampton ’12—to be published in it?— revolutionary.” He calls it “quite The deeper the students dug, the August by the Buffalo Law Review— simply an analysis that could blow the more surprises they unearthed. has created buzz beyond academia and NCAA’s big-business model into the Although their findings and the large the legal world. ether.” In April, Fram and Frampton number of Division 1 schools in “A Union of Amateurs: A Legal published an op-ed in the San Michigan, Florida, California, and Blueprint to Reshape Big-Time Francisco Chronicle, which Forbes’ web- Nebraska prompted them to focus on College Athletics” explains how state site picked up, and appeared on those states, they also address 10 other labor laws could enable college ath- Comcast SportsNet Bay Area. states that yield solid legal arguments letes to unionize—and be compen- An increasingly contentious debate for classifying college athletes as sated for the benefits they bring to has spread throughout major college employees. their schools and the National athletics as Division 1 universities “Not every state has a labor law block Jim

42 | Transcript | SPRING 2012 Jim block Debt Is Due Is Debt (But Only Where) Where Debt employees the right to organize. organize. to right the employees state grants plainly constitution Florida’s assistants. resident graduate ofunder ofhundreds aunion ognized R feasible.” be itwould where of states number the at stunned were we “But says. Fram unionize,” to employees sector public allow would that regime and is now in the Assembly. the nowin is and 31 on Jan. Senate the passed bill The person. right the at aimed are efforts collection their that proving dence evi provide to buyers debt require debt. their paid already have who people debtor, or against a as or address name same the with people innocent lawsuits—against misdirected file often they says, Baum pursuing, they’re person the about information limited have usually buyers debt the Because creditors. cial commer from volume high in debts uncollected purchase to emerged has be.” can tactics lection col debt some egregious how class Law Protection Consumer my from Iknew and crunch, time abig under were “They says. Baum journalists,” and staffers, senators, for sheets fact early. in jump to her Act—prompted Practices Buyers Debt Fair the pass to Senate State California the vincing project—con urgent an But semester. Michigan’s state labor board has rec has board labor state Michigan’s If approved, the bill (SB 890) would bill the approved, If industry acottage years, recent In preparing break winter spent “I Baum’s class was taught by adjunct adjunct by taught was Baum’s class (EBCLC) until spring spring (EBCLC) until Center Law Community Bay East the join to posed ’13 sup wasn’t Baum achel ------achieve actual change.” actual achieve to framework alegal create to want who ofpay-for-play supporters for “new ammunition provide can hopes Fram which article, the throughout described are states other in Examples Players Association has lobbied the the lobbied has Association Players Collegiate National The traction. respond to these lawsuits. In addi In lawsuits. these to respond don’t defendants most because ments judg default gain to courts the using are buyers “Debt says. Baum nia,” Califor- in year every cases of these angle. apolicy from problem the confront to Mermin ing prompt agencies, collection by sued been had Clinic Neighborhood Justice EBCLC’s in clients ofthe half About Berkeley. in Center Law Good Public ofthe director executive and adviser EBCLC an ’96, Tedprofessor Mermin The issue does seem to be gaining gaining be to seem does issue The “There are hundreds of thousands thousands of are hundreds “There

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the suit only after his Senate wages wages Senate his after only suit the of learned Correa name, last same the with someone by owed debt $4,000 a for year last sued Mistakenly Correa. Lou Senator state in ally a strong had bill the Office, General’s Attorney creditor.” aprior from debt the itbought because name agency’s collection the recognize don’t defendants many off, paid been already having debt or the geted tar being person wrong the to tion satisfying.” very be will that field, playing the level help pages those if “But says. Frampton articles,” review oflaw pages the organization. their joined have whom of athletes—hundreds college for efits ben safety and health as well as tions, condi workplace improved for NCAA a debt collection reform bill for for bill reform collection a debt drafted and problem the handle states other how Terp ’12 researched Rachel legislation: the advancing in roles key Mermin. to them relaying etly,” and qui in slip to “tried industry buying debt- the for lobbyists that changes Senate the in ations negoti during emerged that bill of the versions various scoured Baum sheets, were garnished. Sponsored by the California California the by Sponsored in won’t debate settled be “This Other EBCLC students also played played also students EBCLC Other fact persuasive the preparing After S pring 2012 —Andrew Cohen —Andrew —marking —marking |

T ra Rachel Baum ’13 Baum Rachel CORRECTOR n COLLECTOR s c r ip t

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43 - : - - FAST FORWARD

Mermin’s class; Dan Dwyer ’12 cre- “Before coming to Boalt, I talked to long to realize why they felt that way. ated an informative website; Anne students working at EBCLC, and To jump right in and help on a bill that Hilby ’14 co-authored a Daily Journal pretty much all of them said EBCLC would benefit so many California con- op-ed; and Charles Carriere ’12 con- was the best thing they’d done at law sumers—that’s really gratifying.” tributed valuable research. school,” Baum recalls. “It didn’t take —Andrew Cohen

second- and third-year students academic credit for part- and full-time legal work in general, criminal, and environmental law at nonprofits and government agencies. “Students develop professional and problem- solving skills and gain experience that they can’t get in a classroom,” says program director Sue Schechter. During the 2012 spring semester, nearly 80 students worked at a diverse range of organizations, including the U.S. Department of FIELDS OF PLENTY: Augustin Trezeguet ’12 Justice, the Legal Aid Society Employment Law Center, and the Center for Food Safety—as well as in the California and federal judicial picture’ introduction to antitrust,” he systems and in Washington, D.C. Field says. “In my externship, I explored Bay Area field placement students rifts in current law and the subtleties also participated in a required seminar of legal practice, such as how attorneys that focused on professional responsi- Placement interact with opposing counsel and bility. Trezeguet says that the semi- organize their time.” nar’s discussions, role-playing exer- His next assignment, with the FBI’s cises, and journal writing helped him a Critical San Francisco office, extended his reflect on “the gray areas that lawyers antitrust experience into the criminal encounter related to issues like prose- law arena. It also marked a critical cutorial discretion and litigation tac- Career career-plan transition toward criminal tics.” He took note as students tried to law and led to his third placement, “draw the line between aggressive Pivot Point with the criminal division of the U.S. advocacy and unethical conduct.” Attorney’s Office. There, Trezeguet At every step, Trezeguet benefited ugustin Trezeguet ’12 learned “the balance needed to work from the mentoring of his supervising knew Boalt’s Field in what can be a much more emotional attorneys. “They took their jobs very Placement Program field of law, where the work is intense seriously,” he says, “not just critiquing would give him a healthy and the pace is quick.” Researching an my work product, but taking a real dose A of experiential learning to com- issue for a motion, he says, “is like tak- interest in my career plans and making plement his academic courses, but he ing a final exam every two weeks.” sure I was doing work I enjoyed.” didn’t expect to spend half of his law While at the U.S. Attorney’s Office, Trezeguet first pursued the Field school career in three externships. he participated in case development, Placement Program “to figure out Each one, he says, taught him some- from strategy meetings to watching which area of the law would keep me thing different and important. his research and writing become part motivated throughout my career.” A Trezeguet’s first placement, with the of the record. That, Trezeguet says, “is big part of that, he says, was being able U.S. Federal Trade Commission in the ultimate goal for a clerk: to see to observe attorneys connect with San Francisco, enabled him to apply one’s work make a difference, to see it their work and with each other. “My what he was learning in his Antitrust used in court.” externships were no doubt the best class. “The class provided a ‘big- The Field Placement Program offers part of law school.” —Diane Fraser block Jim

44 | Transcript | SPRING 2012 INSIGHT: Demystifying Boutique, Small, and Mid-size Firms

BY SAMORN SELIM ’09 that means,´ of course, is o en unique to each rm. To Don Tamaki ’76, co-founder of Minami he market for boutique, small, and & Tamaki in San Francisco, good character mid-size legal rms is rapidly and trustworthiness are vital traits. To Karen expanding. Despite this growth, Stambaugh ’06, co-founder of mod4 LLP in however, nding opportunities at Berkeley, a candidate must be commi ed to help- these rms remains elusive to ing the rm grow. Joshua Benson ’08, an associ- most law students and graduates. ate at Taylor & Company Law O ces in San TAt Boalt’s Career Development O ce (CDO), Francisco, says producing “A+ work” is required. where I provide one-on-one counseling to stu- e resources mentioned above can also dents, present career-oriented programs, and shed valuable light on a rm’s culture, to help lead outreach e orts to small and mid-size you gure out what “ ts” a particular rm and “My conversa- rms, we’re hearing more and more questions whether the rm “ ts” you. about how best to approach these rms. tions with What are the rewards and challenges of How do I learn about job opportunities? working at smaller rms? alumni who My conversations with alumni who work at Minami & Tamaki co-founder Dale Minami ’71 such rms revealed that most found their cur- cites working with people he likes and respects work at small rent positions through personal or professional as the greatest rewardand balancing eco- contacts. James McManis ’67, founder of nomic survival with personal, community, and and mid-size McManis Faulkner in San Jose, suggests proac- political commitments as the greatest chal- rms revealed tively reaching out to a rm’s a orneys. If the lenge. For John Tsai ’09, an associate at Bridges candidate makes a good impression and a busi- & Mavrakakis in Palo Alto, o ering personal- that most ness need exists, McManis says a position could ized advice directly to clients is tremendously be created. McManis Faulkner associate Jennifer satisfying, while assisting in the administration found their Murakami ’10 found her current position when of the rm poses a sobering responsibility. a former supervisor introduced her to a partner Sarah London ’09, an associate at Lie current posi- at the rm. Cabraser in San Francisco, appreciates being Other ways to learn about potential opportu- able to build strong relationships with clients tions through nities include joining bar associations to meet while both helping them and advancing the law. practitioners and nding reputable recruiters On the ip side, she says the biggest challenge personal or connected to small and mid-size rms. You can is taking on large assignments with serious also search Martindale.com to locate alumni, responsibilities in her cases relatively quickly. professional and review job postings on online forums such For more information, visit our website at as b-Line (the CDO’s job database). With h p://www.law.berkeley.edu/careers.htm. You contacts.” b-Line, you can search the job database, review can also contact me at [email protected]. employer pro les, and set up searches accord- edu, or Robert White, Director of Alumni ing to your chosen criteria to run automatically Career Services, at [email protected]. at selected intervals.

Samorn Selim ’09 is Director of Employer Outreach at What do these rms look for in candidates? Boalt’s Career Development O ce. She previously worked as Partners and associates give varying answers, a litigation associate for Mana , Phelps & Phillips in San

JIM BLOCK JIM but they share a common thread: “ t.” What Francisco, where she was active in the rm’s recruiting e orts.

SPRING 2012 | TRANSCRIPT | 45 NEWS AND NOTES FROM THE ALUMNI CENTER ADVANCEMENT Join Us in Celebrating Boalt Hall’s 100th Anniversary

here has never been a better time remain the solar system’s best public law to be part of the Boalt community. school. This year, we will unveil a Centennial For starters, it’s our Centennial, Donors Wall. Many loyal alums are already which—by my calculations—will represented on this wall, and we’ll be meeting onlyT happen once in our lifetimes. with a lot of you to discuss giving at Since his arrival in 2004, Dean Edley has Centennial Society levels, so you can share a improved the school in several strategic ways. piece of our history. Annual financial aid expenditures have more We’ll kick off All-Alumni Weekend with a than doubled. Our first-rate faculty has been political roundtable focusing on President bolstered with 44 new hires. We’ve launched Obama’s first term, Sept. 21 at the Herbst “We can’t eight research centers. Major renovations, Theatre. Panelists include Boalt lecturer and begin to capped by the inspiring South Addition, have former Michigan Governor Jennifer Granholm, vastly upgraded Boalt’s physical complex. former U.S. Secretary of Labor Robert Reich, thank loyal Fueling this progress is our $125-million former California Governor Pete Wilson ’62, alumni, Campaign for Boalt Hall. We passed $100 and former Communications Director of million at the end of 2011, leaving a goal of John McCain’s 2000 presidential campaign, friends, foun- raising $25 million in 2012 and 2013. We can’t Dan Schnur. A second political roundtable, in dations, and begin to thank loyal alumni, friends, founda- Southern California, will be scheduled for tions, and corporations enough for sharing this fall. Our Centennial festivities culminate corporations our vision and supporting our mission. Nov. 9 with a surprise-filled Centennial Gala enough for As we enter the Campaign’s final mile, our Celebration at the Pauley Ballroom. We also sharing our goals are two-fold: To cross the $125-million have dinners and teleconference receptions finish line, so our students receive the best pos- planned nationwide with Dean Edley and his vision and sible legal education; and to double our partici- wife, Maria Echaveste ’80, to honor our supporting pation rate. Currently, 19 percent of our alums esteemed faculty and loyal alumni. are carrying the burden of supporting the law We hope to see you at some of these special our mission.” school. Our aim this year is to double that par- Centennial events. I’ll finish by reiterating ticipation rate to 38 percent—the median level how thankful I am for all you do to support for U.S. public law schools. We feel that this is your law school and for helping us complete an achievable goal, and our alumni, students, the Campaign for Boalt Hall. and faculty are stepping up to help us attain it. This is a great law school—“the best public Centennial Regards, law school in the solar system,” as our dean Robert G. Sproul, Assistant Dean often reminds us. We need your support to for Development and Alumni Relations

46 | Transcript | SPRING 2012 Incoming: An Outgoing Leader

t wasn’t that Evan Cox ’87 romanticized member of the Berkeley Center for Law & Boalt Hall when his practice took him to Technology and the Center for Youth the Washington, D.C., and London Development through Law (CYDL). e lat- o ces of Covington & Burling. But ter provides paid summer internships, law- Iabsence did seem to make the heart grow oriented courses, and life-skills workshops for fonder. at-risk students from East Bay high schools. “I was away from the Bay Area for quite a “When I was asked to get involved by while,” says Cox, who helped open classmate Neil Popovic [’87], and saw that ADVANCEMENT Covington’s San Francisco o ce in 1999. professors like Jesse Choper and Eleanor “When I moved back, I joined the Boalt Hall Swi were on the board, and that elton Alumni Association [BHAA] board because Henderson [’62] was involved, I knew I’m a big believer in the school. Every time I [CYDL] would be worthwhile,” Cox says. come to Boalt or catch up with my class- “ ese kids aren’t on track to a end college Join Us in Celebrating Boalt mates, I’m reminded of the amazing quality when they enter the program, yet more than of the people it sends into the world.” 90 percent end up doing so.” Cox will soon ramp up his alumni associa- An intellectual property and antitrust tion involvement by taking over as president expert, Cox represents information technol- “Every time I Hall’s 100th Anniversary on July 1. Already chair of the Boalt Hall ogy and life sciences companies in negotiat- come to Boalt Fund, he aims to increase awareness of the ing patent- and copyright-driven licensing, need for higher alumni giving participation distribution, and joint-venture relationships. or catch up rates in the face of dwindling state funding. He also counsels clients on U.S. antitrust with my class- “I think there was a long period when peo- and European Union competition law mat- ple graduated and assumed they didn’t need ters and has worked extensively with stan- mates, I’m to support Boalt,” Cox says. “Alumni involve- dard-se ing groups and issues. reminded of ment and giving back wasn’t part of the tradi- As BHAA president, Cox will cultivate the amazing tion the way it is at other top schools, where strategies to increase alumni networking and that culture is ingrained early.” boost giving participation rates. He believes quality of the Giving back is nothing new for Cox, how- that is imperative if Boalt is to “achieve the people it sends ever. He has done signi cant pro bono work dual challenge of securing the resources to for the Nature Conservancy and the ACLU. stay on par with its peer group of top law into the world.” At Boalt, in addition to helping the alumni schools and preserve access for students from —Evan Cox ’87 association and Boalt Hall Fund, he is a board all backgrounds.” Andrew Cohen

BOALT HALL ALUMNI ASSOCIATION BOARD OF DIRECTORS Executive Committee Directors Representatives Charles Breyer ’66 Kenton King ’87 Terms Terms Terms Student President Vice President, Reunion expiring in 2012 expiring in 2013 expiring in 2014 Monica Briseno ’12 Class Campaign Co-chair Greg Broome ’90 Stephen Arent ’67 Mario Barnes ’95 W. Hamilton Jordan ’13 Holly Fujie ’78 (Ex-offi cio) Chris Chavez ’97 Karen Boyd ’96 Charles Breyer ’66 Elizabeth Kim ’13 Past President Gail Dolton ’86 Gillian Brown ’99 David Carrillo ’95 Faculty Matt Sonsini ’92 Holly Fujie ’78 Benson Cohen ’04 Evan Cox ’87 Vice President, Reunion Jesse Choper Evan Cox ’87 Hector Huezo ’08 Nancy Fineman ’86 Robert Evans ’71 Eleanor Swift President-Elect Class Campaign Co-chair Paul Konopka ’01 Lindsee Granfi eld ’85 Daniel Floyd ’85 (Ex-offi cio) John Kuo ’88 Ellyn Lindsay ’84 Staff Boalt Hall Fund Chair Tyler Gerking ’02 Robert Sproul Mark Lubin ’77 Michael Martinez ’78 Lawrence Hobel ’76 Christpher Edley, Jr. James McManis ’67 James McManis ’67 Terry O’Reilly ’69 Yury Kapgan ’01 UC Berkeley Foundation Dean VP, UC Berkeley Jay Shafran ’63 Lynn Pasahow ’72 Heather Mewes ’99 Noel Nellis ’66 (Ex-offi cio) Foundation Gail Title ’70 Kathi Pugh ’90 Alisa Nave ’04 International Association Steve Arent ’67 Representative Peter Urwantschky ’81 Steven Walther ’68 Art Shartsis ’71 of Boalt Alumni Vice President, Reunion Diane Yu ’77 Darren Trattner ’94 Class Campaign Co-chair Aime Mandel ’73 (Ex-offi cio) Mtchell Zuklie ’96 Centennial Committee Co-chairs Art Shartsis ’71 Noel Nellis ’66

SPRING 2012 | TRANSCRIPT | 47 ADVANCEMENT Boalt Alums Honored at Citation Award Event

oalt’s Centennial isn’t the only major (BHAA) honored Jess Jackson ’55 and Pat anniversary the law school celebrated Herron ’64 with the Citation Award, the law over the past school year. On Sept. school’s highest honor; Kathleen Vanden 30, 2011, hundreds of alumni, faculty, Heuvel ’86 received the Faculty Lifetime students, B and friends filed into the Palace Achievement Award; and Mitchell Zuklie ’96 Hotel in San Francisco for the 50th Citation received the Young Alumnus Award. Richard Award dinner. Buxbaum ’53 was also given a special honor The Boalt Hall Alumni Association for his 50 years of teaching at Boalt.

STELLAR CITATIONS: Mitchell Zuklie ’96 and Kathleen Vanden Heuvel ’86 were honored at the Citation Award dinner, along with Pat Herron ’64, Jess Jackson ’55 (posthumously), and Richard Buxbaum ’53.

lect sunlight. Banke plans to add similar installations at Sustaining two more wineries, which will make Jackson Family Wines the nation’s largest user of solar cogeneration. “We’re trying to get to a zero-waste platform,” she Success says. “We’re not there yet, but we keep pushing to inno- Citation Award winner Jess Jackson ’55 and his vate and improve as we go along.” widow, Barbara Banke, shared much in common, In November 2011, the wineries were certified under including a memorable professor who helped pave the Sustainability in Practice program, which recog- their path in the wine business—both financially and nizes vineyards’ commitment to environmental stew- environmentally. ardship, equitable treatment of employees, and eco- “Jess had Professor Stefan Riesenfeld at Boalt, and nomic stability. Jackson Family Wines also received the later, I had him at Hastings,” Banke says. “He taught EPA-sponsored Green Power Leadership Award—one Property and inspired both of us to practice land-use of just 18 companies selected from nearly 1,300 law. When purchasing property, we understood how to entries. navigate the permit maze and shared the same goals “We use a lot of water to wash barrels and tanks, for treating the land.” and we have to heat it,” Banke says. “For us, it’s a win- At Boalt’s Citation Award dinner, Banke accepted the win because we can use solar power to heat the water award for Jackson, who died five months earlier. Since and don’t have to get power from the grid. We live on a then, she has more than maintained momentum for vineyard, and our kids want to stay in the business at Jackson Family Wines—well known for its sustainable this point, so it’s natural for us to pursue sustainability farming and energy efficiency practices. initiatives.” A massive solar energy cogeneration system was One such initiative is called WholeVine Products. To recently installed atop Kendall-Jackson’s main winery, generate revenue for children’s charities, it creates

which uses mirrors and a sun-tracking system to col- products from as many parts of the vine as possible. (2X) Jim Block

48 | Transcript | SPRING 2012 Jackson died April 21, 2011. His wife, recalls. “Back then, California’s political lead- Barbara Banke, accepted the Citation Award ers realized the importance of an affordable in his memory. A hugely successful lawyer, public education, which helped make the winemaker, and businessman, he was also an state strong, economically outspoken reformer and generous philanthro- and otherwise.” pist. After putting himself through Boalt by Herron became the “During my third year as a working nights for the Berkeley Police founding managing part- Department, Jackson spent two decades ner of Knox, Herron and law student, in-state tuition building his land-use law practice. Pierce in Point Richmond was $87 per semester.” In 1974, he bought an 80-acre orchard, in 1964. In 1977, Governor converted it into a vineyard, and started the Jerry Brown appointed her — Pat Herron ’64 Kendall-Jackson winery—which produced as the first woman on the America’s best-selling Chardonnay for more Contra Costa County than two decades. He later took the horserac- Superior Court, where she was elected pre- ing field by storm and owned the American siding judge and served for 10 years. A pri- Horse of the Year for three straight years: vate judge with Judicial Arbitration and Curlin in 2007 and 2008, and Rachel Mediation Services for 15 years after retiring Alexandra in 2009. Jackson and Banke (see from the court, Herron has been a longtime story below) long championed sustainable Boalt supporter while serving on BHAA and farming practices and quietly donated mil- reunion committees. lions of dollars to charitable organizations. Like Jackson, Herron also channeled a strong love of wine and farming into her role as co-owner of Barricia Vineyards in Sonoma County since 1978. She had already enjoyed a fruitful career—including time as an assistant dean at three universities—before coming to Boalt in 1961 at age 35. “During my third year as a law student, in- state tuition was $87 per semester,” she

Banke and Peggy Furth, her friend and fellow winery owner, hatched the idea while running an annual charity auction. “When the economy went down in 2008, we were doing the same amount of work but getting half the results, so we did some brainstorming,” Banke says. “Research showed many uses for grape pomace, and we started developing ideas.” WholeVine Products seek to turn seeds, skins, leaves, and other vine parts into high-end products such as culi- nary oils, gluten-free flours, and cosmetics. Banke notes that grape-seed and grape-skin products “provide several health benefits” and that the seeds are “loaded with nutrients.” The project is buoyed by a new 17,000- inspired Jess in many ways.” ENERGETIC APPROACH: Barbara Banke, widow of square-foot production facility that will sort, dry, and pre- Like her husband, Banke was a successful litigator Citation Award winner pare 200,000 pounds of seeds this year. who argued before the U.S. Supreme Court. She also Jess Jackson ’55, has At the Citation Award dinner, Banke got to catch up took on his love of horseracing; two former U.S. horses Jackson Family Wines on track to become the with old friends and reminisce with Jackson’s class- of the year that Jackson owned were recently paired and nation’s largest user of mates about their 50-year reunion party in 2005, which had a colt—already a Triple Crown threat for 2015. solar cogeneration. Jackson and Banke hosted at their Geyersville estate. “I’m extremely active because in horseracing you’re “It was a great night, and it was really nice of the law either active or you lose your shirt,” Banke says. “When school to honor Jess,” she says. “It’s always fun to see Jess first went into it I wasn’t really interested, but he what classmates have done with their lives, and Boalt got me hooked, so now I’m forging ahead.”

Jim Block Jim graduates are a very inspiring bunch. I know the school —Andrew Cohen

Spring 2012 | Transcript | 49 ADVANCEMENT

Vanden Heuvel, the law school’s Associate Dean of Capital Projects and library director, came to Boalt in 1981, “when the law building and I were both 30 years old.” A er two years working in the library and in the admissions, registrar’s, and career development o ces, she became a law student and then a librarian, faculty member, and administrator. “When I graduated in 1986, the building was an incoherent mess,” Vanden Heuvel says. “It seemed old, cranky, and unrespon- sive to changes in legal education, even then. We took pride in our ability to overcome the building’s physical de ciencies, but I always hoped someday it would be be er.” Vanden Heuvel had no idea that she would oversee that transformation. In 2008, under her guidance, Boalt launched a three-year series of renovations and construction capped by last year’s completion of the 55,000-square-foot South Addition, which encompasses the new law library and academic building. “I was excited and honored to have a chance to improve the physical space,” she says. Zuklie is the managing partner of Orrick, Herrington & Sutcliffe’s 600-lawyer Transactional Group. Focusing on the formation, financing, and corporate counseling of technology businesses, he has completed several hundred venture capital financings and numerous public offerings, mergers, acquisitions, and technology licensing transactions. Named one of California’s Top 25 clean- Students Make tech lawyers by the Daily Journal and one of “America’s Leading Lawyers for Business” by Chambers USA, Zuklie was also a Silicon Their Cases in Valley “Top 40 Under 40” business leader selection by the Silicon Valley/San Jose Business Journal. He and his wife, Holly, established Moot Court the Holly and Mitchell Zuklie Law Student Excellence Award at Boalt. Mitchell is now co- chairing his class reunion commi ee. he 36 students who participated in Buxbaumwidely published in corpora- Boalt’s 2012 James Pa erson tion, comparative, and international eco- McBaine Honors Moot Court nomic lawplayed a key role in dra ing state Competition briefed and argued and national corporate and securities legisla- ACORN T v. United States, a case raising complex tion. He was editor-in-chief of the American Bill of A ainder issues related to the federal Journal of Comparative Law, dean of UC government’s defunding of the plainti com- Berkeley’s International and Area Studies munity organization. On March 21, three Boalt Department, and the rst director of Boalt’s alumniJudge Marsha Berzon ’73 of the 9th

Warren Institute. Andrew Cohen U.S. Circuit Court of Appeals and Judges CROUT) (MOOT MERTZ FRED

50 | TRANSCRIPT | SPRING 2012 Faculty Step Up for Financial Aid hile the faces may change from year to year, students remain the inspirational engineW that drives Jesse Choper and Eleanor Swift—professors at Boalt since 1965 and 1979, respectively. A desire to sustain the remarkable talent and diversity of Boalt’s student body is why Choper and Swift co-chair the Eleanor Swift Faculty Centennial Scholarship Fund. Used for need-based financial aid, the fund generates contributions from Boalt faculty and staff. Dean Edley, or his designee, identifies, screens, and selects prospective recipients. “The need for scholarships is stron- ger than ever because of rising tuition costs,” Choper says. “Eleanor and I are encouraging other faculty members to Jesse Choper help support exceptional students who want to be and deserve to be at Boalt.” Choper’s contribution established the endowed fund under the Chancellor’s Challenge program. Under the program, UC Berkeley provides a dollar-for-dollar match to designated gifts from faculty and staff—including active, retired, or emeriti faculty, and surviv- ing spouses or partners of faculty and staff—as well as students. The Chancellor’s Challenge will match these individual gifts up to GOOD JUDGMENT: (Clockwise from top left) U.S. Circuit Court Judge $250,000 until June 30, 2012. Marsha Berzon ’73, U.S. District Swift and Choper have long worked to help Boalt beyond their Court Judge Charles Breyer ’66, own classrooms. They are currently the two faculty representatives winning oralist David Rosen ’13, U.S. District Court Judge Edward on the Boalt Hall Alumni Association Board of Directors. Swift also Chen ’79, best brief winners serves on the Financial Aid Committee. Danielle Serbin ’12 and Nicole “Law school faculty members have as great a stake in the future of Schwartzberg ’12, runner-up oralist Jordan Thompson ’13. our graduates as our alumni do,” Swift says. “If we ask alums to contribute to support student scholarships, we should also contribute ourselves.” With state funding and tuition costs headed in opposite direc- tions, Choper understands why financial aid is increasingly impor- Charles Breyer ’66 and Edward Chen ’79 of the tant. “The landscape now is a lot different from when I was dean,” he U.S. District Court for the Northern District of says. Choper was dean from 1982 to 1992. California—presided over the competition’s For Swift, the fund allows faculty members to influence the qual- final round. David Rosen ’13 and Jordan ity of Boalt’s students—and to convey support for their mounting Thompson ’13 advanced to the final argument, economic challenges. with Rosen prevailing. Danielle Serbin ’12 and “Tuition increases have supported the expansion of the Boalt fac- Nicole Schwartzberg ’12 received the Crowell ulty,” she says. “I think that building the Faculty Centennial & Moring Best Brief Awards, created last year Scholarship Fund acknowledges both our appreciation for the bene- by a $125,000 endowment built on donations fits we receive and our understanding that increasing financial aid from Boalt alumni at the firm. to our students should be a top priority.” — Andrew Cohen

Spring 2012 | Transcript | 51 ADVANCEMENT Cause for Celebration Centennial Year Reunion Campaign co-chairs pledge greater alumni engagement and awareness of Boalt’s needs

o hear Matt Sonsini ’92 explain “Consequently, tuition at one of the nation’s why he volunteers for Boalt Hall elite law schools was remarkably modest. is to understand why his role Many Boalt graduates from my era aren’t as national co-chair of the aware that the school now needs to raise at CentennialT Year Reunion Campaign is a nat- least 80 percent of its fiscal requirements ural fit: “My main goal is to help increase our from tuition and philanthropy.” alumni’s level of engagement with the school Sonsini has remained closely connected to and enhance that feeling of connectedness.” Boalt since he graduated, serving the school Sonsini has kept that objective squarely in as a guest lecturer, alumni board member, mind while helping to coordinate reunion cel- and fundraiser. The husband of Lisa Sobrato ebrations and raise funds for class gifts with Sonsini ’91 and son of Larry Sonsini ’66, he fellow co-chairs Steve Arent ’67 and Kenton currently focuses on non-real estate invest- King ’87. Sonsini is chief investment officer of ments, governance, and strategic planning for the Sobrato Organization in Cupertino, the Sobrato Organization. California; Arent is a shareholder at Fischer, As reunion campaign co-chair, he wants to Sweetbaum & Levin in Denver; and King is help promote “a re-education about the the partner in charge of Skadden, Arps, Slate, school’s financial needs and funding sources, Meagher & Flom’s Palo Alto office. and an increased awareness of the roles that Class reunion dinners in the Bay Area are alumni can and, in my opinion, should play in planned during All-Alumni Weekend, Sept. promoting its mission.” Sonsini believes this 21–22, 2012. Gifts and pledges made from will “strengthen the Boalt community, enrich Jan.1 through Dec. 31, 2012, will be credited the lives of alumni, and increase financial toward class gift goals and will help complete support of the school along the way.”

NEW CENTURIONS: the final stages of the $125-million Campaign For King, reunion events offer a “great way Centennial Year Reunion for Boalt Hall. for alumni to have fun and reconnect with Campaign co-chairs “Many of us attended Boalt at a time when the school, each other, and the broader com- Kenton King ’87, Matt Sonsini ’92, and Steve the state provided the bulk of the funding munity, of which each of us is a part.” A rent ’67. required for operating the school,” Arent says. —Andrew Cohen

52 | Transcript | SPRING 2012 LogoArt

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Mark Your AlternateCalendars colors over color background (example) Now! Back for More Two Extraordinary Dedicated duo picked to chair Events Boalt’s Centennial Committee

ome choices about leadership positions can be fraught with con ict, doubt, and anxiety. Others, like tapping Political Roundtable Art Shartsis ’71 and Noel Nellis ’66 to co-chair Boalt’s FRIDAY, SEPT. 21, 2012 Centennial Commi ee, are stress-free no-brainers. 7:30 P.M., HERBST THEATRE S at’s because last year, the same duo achieved notable success Join Boalt alumni and faculty for an engaging co-chairing the law school’s reunion campaign: Class members’ discussion about President Obama’s ﬁ rst four nancial participation increased by nearly 50 percent from 2010; years in ofﬁ ce. Offering different political view- overall giving doubled; and the reunion events drew rave reviews. points, our four panelists, Jennifer Granholm, “We wanted to bring our direct approach to the Centennial, Robert Reich, Dan Schnur, and Pete Wilson ’62, which reminds alumni that there is much to be proud of as grad- will review and grade the president’s perfor- uates of one of the elite law schools in the country,” Shartsis says. mance with a “report card.” Dean Christopher e commi ee has helped organize a series of events for Edley, Jr. will moderate this compelling conver- alumni in cities nationwide, in addition to the festivities for the sation as our country prepares to vote in the Boalt community on cam- next presidential election. Don’t miss this pus. Centennial activities “...if we want to have a enlightening, educational, and entertaining eve- will play a prominent role lifetime association ning. A second Roundtable will be held in Los during All-Alumni Angeles after the election. General admission Weekend, Sept. 21–22, and with an elite school, tickets are $50 each and are now on sale by culminate in a gala cele- visiting our website (see below). bration on Nov. 9. we must generously “ e 100th anniversary support it.” of the founding of Boalt —Noel Nellis ’66 100th Anniversary Gala Hall is a once-in-a-lifetime opportunity to come FRIDAY NOV. 9, 2012 together as a community 7 P.M., UC BERKELEY CAMPUS and celebrate our school’s remarkable achievements,” Nellis Hold the date for a splendid black-tie evening says. “It’s also a chance to educate alumni about the new reali- of festivities to celebrate Boalt’s 100th anni- ties of law school funding and help them realize that if we want versary. Join us for a memorable night featur- to have a lifetime association with an elite school, we must gen- ing cocktails and hors d’oeuvres and a lavish erously support it.” dinner catered by McCall and Associates. The Shartsis is a founding partner of Shartsis Friese, a top litiga- gala will present Boalt memories from the past tion rm in San Francisco. Nellis is senior counsel in the San and dancing to The Dick Bright Orchestra, one Francisco o ce of Orrick, Herrington & Sutcli e. Both have of San Francisco’s premier society bands. And, played key roles on the Boalt Hall Alumni Association’s board of course, no birthday is complete without of directorsNellis is a past president, and Shartsis is currently cake! Table sponsorships and tickets are now serving (his term expires in 2014). available on our Centennial website. For more is year, they want to honor Boalt’s rst century by giving it information about purchasing a table for this a secure foundation for the second. “At present, our 19 percent once-in-a-lifetime celebration, call alumni giving rate lags far behind that of other elite law 510.643.9277. schools,” Shartsis says. “Our No. 1 goal this year is to double our alumni participation.” e co-chairs see that as key to ensuring Boalt’s long-term BE SURE TO CHECK THE CENTENNIAL vitality, particularly with state support dropping to less than 10 WEBSITE FOR FURTHER UPDATES: percent of the school’s overall budget, and tuition now compara- LAW.BERKELEY.EDU/CENTENNIAL.HTM ble to that of the top private law schools. Andrew Cohen

SPRING 2012 | TRANSCRIPT | 53 All in the BOALT CLASS NOTES family

the heads of Dell China, General Motors Shanghai, 1970 Walt Disney China, and Marilyn (Epstein) Berger Volkswagen China. A produced, directed, and partner at Dillingham & wrote her second non- Murphy in San Francisco profit documentary,Out and an international arbitra- of the Ashes: 9/11. She is tor and mediator, Tom was a a Professor of Law and guest professor at Shanghai Director of the Films for Economic College and Justice Institute at Seattle led a business manage- University School of ment training program for Law. Eleven days after the specially selected up-and- Sept. 11 terrorist attack, coming Chinese managers. the federal government He says he is “deeply hum- enacted the largest pub- bled by the award and its lic entitlement program significance.” ever—the 9/11 Victim’s Compensation Fund. The film is about seven fami- 1967 lies who explore the legal, Rosalyn Chapman writes moral, and ethical ramifi- that since her retirement cations of the fund and its 1961 from the federal bench, impact on the civil justice Your Tom Klitgaard received the she has begun a new career system. It was screened by Classmates Magnolia Silver Award, the as an international jurist. the Yale Law School Visual Want to highest honor Shanghai’s Recently, she was elected Persuasion Project, Boston Hear from government bestows upon by the United Nations College Law School, the foreigners, during a for- General Assembly to the New York County Lawyers’ You! mal ceremony at the Xi UN’s Appeals Tribunal Association, and the Jiao State Guest House in (UNAT), for a term starting ABA-ADR section meet- CONTACT US ONLINE: www.law.berkeley.edu/alumnetwork Shanghai on Sept. 9, 2011. July 1, 2012. Comprised of ing in April 2011. The film The only lawyer to win seven international jurists, was selected for the 2011 CONTACT US BY EMAIL: [email protected] the annual award, which UNAT reviews appeals from Politics on Film Festival. was given to 46 people decisions of the Dispute Last fall, Marilyn screened CONTACT US BY MAIL: Boalt Hall Alumni Center from 19 countries, Tom Tribunal, which hears the film at various locations University of California, Berkeley was honored for his “valu- employment-related cases on the east and west coasts. School of Law able support to Shanghai’s affecting UN employees. For more information about 2850 Telegraph Avenue, Suite 500 Berkeley, CA 94705-7220 development and out- Rosalyn says she is honored the film, to see the trailer, standing contributions to to be part of UNAT, which or to purchase a copy, visit our friendly cooperation.” hears appeals in New York www.outoftheashes911. Other recipients included City, Geneva, and Nairobi. com/main.

54 | Transcript | spring 2012 CLASS NOTES

America Alliance, Inc., Noble) and other formats at co-chair of the Hispanic Smashwords.com.” Leadership Council of the Democratic National Committee, and Chair of the National Financial Services Consortium, LLC. He was also elected to the Board of Directors of the United CLASS NOTES States Hispanic Chamber of Commerce in April 2012, 1971 and chair of the National 1973 Tony Quintero was given Immigration Reform Russell Atkinson writes, the Leadership Award for Advocates in March 2012. “My first novel, Held for Professional Achievement Ransom, based on kidnap- by Latino Leaders Magazine, ping cases I worked dur- July 27, 2011, in San ing my 25-year FBI career, 1976 Francisco, for his contri- was published in October Beverly Baker-Kelly, J.D., butions as Vice Chairman 2011 as an eBook. It’s avail- Ph.D., Ed.D., and her hus- and Board Diversity able for Kindle (at Amazon) band are the first African- Committee Chair of New or Nook (at Barnes & American couple to both

Scott Carey ’61 Agent for Change

When commercial real estate expert Scott Carey ’61 first came included a 100-acre resi- to Boalt, he had “three kids and no money.” To make ends meet, he dential subdivision in sandwiched law school between a morning paper route and an eve- Lafayette and a redevel- ning job selling life insurance. Not the easiest schedule, but one that opment project for Sun ultimately delivered premiums for Carey. Microsystems. “I can’t say it was always fun,” he says, laughing. “But that Boalt “When I started out, a lot of business was done on the back of a degree has been extremely helpful in my real estate career. When law- postcard,” Carey says. “We didn’t have the internet or other advanced yers try to negotiate the economics of a deal with me, I’ll often say, research tools, and the transactions were much simpler. Our business ‘Let’s change places: I’ll play lawyer and you play broker.’ The ability to was pretty much done by walking around and looking at buildings.” see all sides of a transaction has been crucial.” Once jealously guarded proprietary information is now available in That omnidirectional perspective is also useful as he helps forge minutes, through his company’s databank and other systems. “Com- connections between Boalt and UC Berkeley’s Haas School of Busi- mercial real estate agents have become much more sophisticated, as ness, in his role on the advisory board of the Berkeley Center for Law, have their clients,” he says. Business and the Economy. “I wanted the law school and business Carey, a former mayor and city councilman of Palo Alto, teamed school to interact more,” Carey says. “My work largely involves help- with classmate Tom Klitgaard ’61 last year to spearhead the Boalt ing lawyers and business people to better understand each other.” Class of ’61 Reunion Campaign—which raised more than $310,000 Since 1968, Carey has held leadership positions at Cornish & Carey for financial aid. The payout will be matched by UC’s Graduate Division, Commercial Newmark Knight Frank—one of the world’s largest inde- thus doubling the amount available to Boalt students. pendent real estate service firms. Now chairman and general counsel, “Our class raised the second-highest amount of funds among the he served as president and CEO of the firm’s residential and commer- 10 classes celebrating their reunions in 2011,” Carey says. “We also cial units, accruing vast experience negotiating with government agen- had the greatest class participation rate, at 33 percent, which was cies for titles to undeveloped land. Some of his major projects have very gratifying.” —Andrew Cohen

spring 2012 | Transcript | 55 CLASS NOTES

1976 (cont.) receive Fulbright Awards. Beverly was awarded a 2010- Ken Kofman ’62 2011 Fulbright Scholar grant to lecture on law and business and to do research in Muscat, Oman. She can Full Court Press be reached at bbakerkelly@ yahoo.com. Her husband, A. Paul Kelly, M.D., has also been awarded a Fulbright for Social Justice Middle East and North Africa Regional Research Ken Kofman ’62 claims to have been a temp employee grant at Sultan Qaboos throughout his working life. After passing the California University & Hospital in Bar Exam, he filled in as a cub reporter, covering San Muscat, Oman, as well as in Leandro City Hall for one of several newspapers owned by the United Arab Emirates. his family. That assignment led to a 30-year career involv- He is doing research on the ing everything from production room management to epidemiology and genet- reporting and editorial work for the San Leandro Morning ics of keloids. The core News, Alameda Times-Star, and Fremont News Register. Fulbright Scholar Program “The closest I came to anything ‘legal’ at the newspa- sends 800 U.S. faculty and pers was labor negotiations, and that was more strategic professionals abroad each maneuvering than applying the letter of the law,” he says. year. Beverly encourages It was the spirit of the law—in particular the nascent Boalt alumni interested in fields of civil rights and social justice—that Kofman took to applying for a Fulbright heart during his years at Boalt. “This was before the Civil to consult www.cies.org/ Rights Act of 1964. We had a class called Equity in which us_scholars. The deadline is we examined the patchwork of state civil rights laws and attempts at legislation at the federal level,” Aug. 1 of each year. Kofman recalls. Even while working full-time, he pursued his interest in social justice through a series of appointed and Steve Nissen is currently elected positions with East Bay boards and commissions. During his term as vice chair of the City of Vice President for Legal Alameda’s Housing Authority in the early 1970s, Kofman focused on the need to relocate low-income & Government Affairs at people living in dilapidated temporary housing built for workers during World War II. NBCUniversal, overseeing Later, as a member of the Alameda County Social Services Board, Kofman spearheaded the formation state and local government of the county’s Commission on the Status of Women—and was the first man to serve on it. “One commis- issues for the media com- sioner felt very strongly that all the members should be women. That kind of discrimination didn’t make pany around the country. sense to me,” he says. Last year, he was given the Nor did an illegal homeowners association restriction barring non-Caucasians from living in Kofman’s in-house Pro Bono Counsel Alameda neighborhood. “When the covenants came up for renewal, my rabbi—who also lived there—and of the Year award by the I had to urge our neighbors to vote ‘no’ before the association’s attorney would agree to drop the restric- Association of Corporate tion,” he says. “Of course, it didn’t hurt that I had assigned a reporter to write about the restriction.” Counsel in Los Angeles In 1968, Kofman chaired the Alameda Regional Criminal Justice Planning Board, made up of community before a sold-out audience members and county officials, including then–District Attorney D. Lowell Jensen ’49. His proudest accom- of 1,400. Steve was hon- plishment there was improving the way the county’s Probation Department handled juvenile offenders. ored for his years at the Throughout his long years of civic involvement, Kofman claims his mantra was, “I don’t do meetings. helm of the Public Counsel I do assignments.” Now, as a resident of Santa Monica, he volunteers twice a week at SOVA, a food bank Law Center, which he built run by Jewish Family Service of Los Angeles. into the largest pro bono “There is still so much inequity in the world,” Kofman says. “If all college graduates could go to a law office in the nation; his school like Boalt and have their eyes opened to what it takes to form a just society, it would change the stewardship of the State world. It certainly changed mine.” —Diane Fraser Bar Legal Services Trust Fund; and his continuing commitment to pro bono representation.

56 | Transcript | spring 2012 1978 Joel Sanders ’82 Constance de la Vega writes, “On March 8, 2012, I participated on a panel Busy but Big on Boalt before the United Nations Human Rights Council. I spoke on extreme sentenc- Busy as he is—with four international and six domestic business trips by mid-April this year ing for children, which alone—Joel Sanders ’82 still finds time to acknowledge notable anniversaries. In 2012, those include includes the death penalty, the centennials of Boalt Hall and the California Law Review, his former journal. And it’s been 30 years life without parole, and cor- since Sanders earned his law degree. poral punishment. Other “The school has dramatically improved its course offerings and taken big strides in making them more panelists included the UN relevant to practicing lawyers,” he says. “The faculty was always strong, but to my mind it has gotten High Commissioner Navi much better. Going forward, the biggest challenge will be to maintain that quality.” Pillay, representatives of One of Boalt’s most loyal and generous donors, Sanders has always backed such words with actions. other UN agencies, pro- He served on the Boalt Hall Alumni Association’s board of directors for several years and is now a board fessors from Europe and member of the East Bay Community Law Center (EBCLC) and the Berkeley Center for Law, Business and Africa, and a former child Economy (BCLBE). offender. I cannot help but “EBCLC provides valuable hands-on clinical training for Boalt students and offers a badly needed ser- think about Professor Frank vice in my community,” says Sanders, a partner at Gibson Dunn and a prominent antitrust expert in its Newman, who opened the San Francisco office. “BCLBE strengthens research and classroom offerings in areas that interest me doors to the UN for me professionally and that I think are important to Boalt.” while I was at Boalt.” Sanders has been at Gibson Dunn for 25 years. His antitrust work involves class-action and commercial litigation, antitrust counseling, and government proceedings, in a broad range of industries such as high technology, agriculture, shipping, retail, telecommunications, and defense. 1980 His work has also become increasingly international—involving more countries, more sets of laws, Kelvin Filer says that long and more enforcement agencies—as the economy has globalized. “More complex, more challenging, before he became a judge and more interesting,” he says, albeit it with “too and author, he had “always much time on United Airlines.” been an inquisitive soul, Even with so much complexity, Sanders insists even as a little tyke” and that that aspiring antitrust lawyers “don’t need to at a young age, he exhibited come into it with a specialized legal background.” leadership abilities that still His recipe for success: “A willingness to work reside in him today. Follow hard and listen well, to understand and relate to his eventful life in Race Ipsa your client’s problems, and to find creative solu- Loquitur: A Poetic Diary of tions.” My Journey from Compton Sanders should know. He has been named an to the Los Angeles Superior Antitrust MVP by Law 360; identified as a star for Court Bench. It begins a antitrust by Institutional Investor’s Benchmark Liti- few years before Kelvin gation Guide; included in The Best Lawyers in left for college at UC Santa America in antitrust law; and listed in The Interna- Cruz. Writing was a pleas- tional Who’s Who of Competition Lawyers. ant hobby at that time in In three decades since leaving Boalt, Sanders his life, and later became has never forgotten the school’s role in his more focused and a form achievements. “I like to invest where I’ll get the of self-encouragement and most bang for my buck,” he says. “Boalt has ter- therapy. As readers browse rific resources, a great faculty, and an inspiring through Race Ipsa Loquitur, tradition, and it’s well positioned to do important, they will know the events meaningful things that have a major impact in that happened during his areas that matter to me. When I look around at the adolescence and college many places deserving of time and money, Boalt matriculation, his thoughts rises to the top of my list.” —Andrew Cohen during law school, and the pain he felt during the difficult times in his life. They

spring 2012 | Transcript | 57 CLASS NOTES

will track his path as it winds Gary continues to work in knowledge of the county, a position at Wells Fargo toward the gratifying peak Manhattan as a partner at Donna will be an excel- Bank in San Francisco of his journey, when Kelvin Constantine Cannon, where lent addition to our execu- as Senior Counsel in the is appointed a superior court he specializes in commer- tive leadership team.” bank’s International Law judge. cial litigation and antitrust. Donna joined the office as Department. Andrew Super Lawyers magazine Deputy County Counsel, recently was employed has named him a New York was promoted to the posi- at Standard Chartered Super Lawyer for the past tion of Assistant County Bank as head of its Credit two years. Gary and his wife, Counsel, and later became Documentation Unit. Kathleen, are now empty Chief Assistant County nesters with both children, Counsel. Prior to work- Molly Stump has been Thomas and Caitlin, attend- ing for the county, she was named City Attorney for the ing SUNY Binghamton, a member of the Oakland city of Palo Alto. Formerly though Thomas is currently law firm Crosby, Heafey, the San Francisco Airport spending his junior year in Roach & May. Donna says General Counsel, she suc- Japan. she is “honored and excited ceeds retired attorney Gary to be appointed” and real- Baum during a time when izes that “the county is fac- Palo Alto is preparing to take ing tremendous challenges. over operations of its own 1981 I am committed to working airport from Santa Clara Frederick Hertz writes, with the board, the county County. To read more, go to “I’m currently an attorney administrator, and the coun- http://bit.ly/e28txd. and mediator in Oakland, ty’s executive leadership specializing in the law of team to serve our residents unmarried couples, both and communities.” gay and straight. My most recent book for Nolo Press is Making It Legal: A Guide 1991 to Same-Sex Marriage, Robert O’Brien received Domestic Partnerships & Boalt Hall’s 2011 Stefan A. Civil Unions. I’m also the 1983 Riesenfeld Memorial Award author of the forthcoming Ronald Turovsky was named in recognition of his out- American Bar Association one of the Top 100 Lawyers standing contributions to book, Counseling Unmarried in California by the Daily the field of international law Partners: A Guide to Effective Journal for 2011. He is a and his service as co-chair Representation. I’ll be on partner with Manatt, Phelps of the U.S. Department ‘sabbatical’ from my law and & Phillips in its Los Angeles of State Public-Private 1996 mediation practice for the office. Partnership for Justice Darren Manibog recently first half of 2012, teaching a Reform in Afghanistan. obtained one of the largest course on gay couples’ law The award is Boalt’s high- settlements ever, $5.65 mil- at a law school in Tel Aviv, 1989 est recognition of service lion, against the Los Angeles Israel.” Donna Ziegler was and accomplishment in Department of Water and appointed by the the field of international Power (DWP) and the City Alameda County Board law and relations. Robert of Los Angeles. The payout 1982 of Supervisors to head its received the award at the law settled a three-year personal Gary Malone has been County Counsel’s Office, school’s Stefan A. Riesenfeld injury lawsuit that Manibog appointed Deputy Mayor the legal agency that advises Symposium, at which he was filed on behalf of the injured of Ardsley, the Westchester county officials. Donna, the keynote speaker. To read plaintiff. The case involved a County, New York, village who was approved by a more, go to http://bit.ly/ young man who, while rid- where he has lived since unanimous vote, joined hRwXZv. ing his motorcycle on Sunset 1996. He has been on the the office in 2000. County Boulevard in 2007, nose- Village Board of Trustees Administrator Susan dived into a large sinkhole since 2004, and plans to run Muranishi said, “With 1994 that was hidden behind a for re-election in November. her broad experience and Andrew Lueder accepted blind curve. The sinkhole

58 | Transcript | spring 2012 CLASS NOTES

Leo Helzel ’92 Accountant, Teacher, Lawyer, Entrepreneur

Leo Helzel ’92 describes his LL.M. experience as “taking any course that interested me, plus several I didn’t get to take in law school. Boalt’s classrooms were filled with students younger than my grandchildren, and I tried to make myself obscure.” Not an easy task. Helzel had already led four satisfying careers— as a certified public accountant, lawyer, teacher, and entrepreneur. He earned a Bachelor of Business Administration degree at City Uni- versity of New York’s Baruch College, worked for an accounting firm, and flew as a navigator on U.S. Navy aircraft in World War II. After- ward, he taught tax and accounting at Golden Gate University. Helzel founded the Northern California accounting firm RINA in 1946, earned his J.D. at Golden Gate in 1951, and soon after, left accounting to practice law. At the same time, an entrepreneurial spirit—fueled by a newly pop- ular concept called venture capital—was driving innovation throughout the Bay Area. Helzel’s expertise in transactions, his reputation as a “tax man,” and what he calls his knack for putting deals together made the Law Offices of Helzel, Leighton, Brunn and Deal an invalu- able resource for entrepreneurs. Over the years, Helzel helped clients launch and grow hundreds of businesses. He was personally involved in more than a dozen, including as co-founder and chairman of DYMO Industries, Inc., a Bay Area manufacturer of labels and embossed- label-making equipment. Helzel became a lecturer at UC Berkeley’s Haas School of Busi- ness in 1967 and earned his own M.B.A. while teaching there. In the early 1970s, Helzel and Dean Richard Holton developed and taught a course in entrepreneurship, one of the first in a U.S. graduate school of business. “We wanted to bring Silicon Valley to Berkeley. Fortu- nately, everyone I asked—from company founders and venture capitalists to staff—was eager to share real-world experiences,” he says. “Our case studies were presented in person, by the people who had to solve the problems.” In 1996, Helzel and Noel Nellis ’66 developed ‘Top Down Law,’ a course that “teaches business law from the perspective of an entrepreneur who has to deal with legal problems in operating his business,” he says. “It was a departure from the traditional approach, which focused on legal definitions.” Helzel sits on the Board of Advisors of the Berkeley Center for Law, Business and the Economy (BCLBE). He says, “It’s a privilege to be involved with such a forward-thinking group,” noting that “BCLBE gave impetus to Boalt’s Business Certificate Program, which offers students the background needed to be helpful to their future business clients.” Adding author to his list of accomplishments, Helzel published A Goal Is a Dream with a Deadline: Pearls of Wisdom for Entrepreneurs and Other Smart People in 1995. The book offers advice both whimsical (“Never use a $10 bill as a torch to find nickels in the snow”) and practical (“The driving principle of business is CFN: Cash Flow Now!”). “So much of life is luck,” Helzel says. “For me, being involved with Berkeley is one of the most important things in my life.” —Diane Fraser Jim block Jim

spring 2012 | Transcript | 59 CLASS NOTES

formed when a broken DWP Immigration Defense, in San islation, interacting with Ann Tweedy accepted a posi- water main was left unre- Jose. other government agencies tion at Hamline University paired for several days. The and community groups, and School of Law, in St. Paul, impact vaulted the plain- overseeing the communi- Minnesota, as an assistant tiff off the cycle headfirst cations and media unit. To professor. The position into an oncoming vehicle. read more, go to http://bit. began in fall 2011. Ann had He received several life- ly/f2qy2u. been employed at Michigan threatening injuries, includ- State University College of ing brain bleeding, which Law as a visiting assistant required emergency surgery, professor. and was ultimately diag- nosed with a severe trau- matic brain injury. In the lawsuit, Manibog argued that the sinkhole formed because DWP employees 1997 negligently repaired a water Jess Bravin and Anne Marie main that repeatedly failed Chaker say they “can’t get in the weeks before the acci- over the awesomeness” dent. He says he hopes the of their daughter, Juliette 1999 case “will motivate the DWP Chaker Bravin, born on Niloofar (Nejat-Bina) to address the dangerous Feb. 24, 2011, in Rockville, Shepherd recently threat posed by what appears Maryland, at 5 pounds, 15 accepted a position at to be a vast network of ounces. The new parents Deluxe Entertainment aging, corroding water lines are thrilled about every- Services Group, Inc., in coursing under the streets thing with Juliette, except Hollywood, California, as 2000 throughout Los Angeles, that the California Family Vice President, Associate Jenny Lin was employed at and to ensure that it has a Rights Act (http://is.gd/ General Counsel - Labor Ord & Norman as an asso- dynamic system in place to BI0ICV) does not apply in & Litigation. She recently ciate and left her employer rapidly respond to reports of the District of Columbia. was employed at Ascent of 10 years to start her broken water mains, so that Media Group, Inc. as own practice in Walnut something like this never Tom Ginsburg (J.D. 1997, Vice President, Associate Creek, California, where happens again.” Ph.D. 1999) was appointed General Counsel. Niloofar she resides. Jenny recently the Leo Spitz Professor of and Richard Shepherd are appeared before the U.S. Daniel Shanfield was pre- International Law at the also proud to announce the Supreme Court as co-coun- sented by the Consulate University of Chicago. birth of a baby boy, Blake sel in the case of Kawashima General of Mexico with His co-authored book, Tivon, on Nov. 28, 2010. v. Holder. the 2011 Tequio Prize for The Endurance of National Niloofar says, “The phrase pro bono service to the Constitutions, won an award ‘first year’ has taken on new Bay Area’s Mexican immi- from the American Political meaning. Blake is a treasure, 2001 grant community. Through Science Association for and gives us something to Craig Compton last year the Santa Clara Valley best book on comparative laugh about every day!” accepted a position at UC Chapter of the American democratization. He reports Davis School of Law, as Immigration Lawyers that he “misses California the new Assistant Dean Association, Daniel has badly.” of Career Services. Craig developed and coordinated recently was employed at the Consulate General’s Fish & Richardson P.C. as pro bono immigration law 1998 a principal. After 10 years clinic, which has provided Christine (Soto) DeBerry has practicing patent litiga- legal assistance to more than been named chief of staff of tion at Fish & Richardson, 1,200 individuals and their the San Francisco District he says he is “excited to families. He is the founder Attorney’s Office. Her announce that I am return- and managing attorney responsibilities will include ing to the University of of Daniel Shanfield, Esq. developing policy and leg- California system. I am

60 | Transcript | spring 2012 Liam Garland ’01 together more than 50 nonprofits and interest groups for support.” The roster included the Equal Justice Society, a national Bringing Fair Housing legal organization headed by Eva Paterson ’75, and the San Francisco–based Transgender Home to Stay Law Center, formerly directed by Garland’s classmate Chris Daley ’01. In early 2009, soon after a national study revealed that nearly 40 percent of homeless youth are LGBT, coalition leaders met with a White House official who oversaw LGBT issues. Although the administration was open to an executive order, White House lawyers were skep- tical of the president’s authority on this particular issue. Soon afterward, Garland met with a receptive director at the Department of Housing and Urban Development (HUD). The director then collaborated with the White House to craft an agency rule: “Equal Access to Housing in HUD Programs— Although optimistic by nature, even Liam Garland ’01 was Regardless of Sexual Orientation or Gender Identity.” pleasantly stunned by the results of his dogged endeavor to help “Some states offer housing protection for people who are gay or ban sexual orientation- and gender-based discrimination in public lesbian, but no protection based on gender identity,” Garland says. and publicly assisted housing. “This new rule covers everything. And while an executive order Garland had already achieved frequent success suing discrimina- could be reversed by a subsequent administration, changing the tory landlords while director of litigation for the Housing Rights Cen- HUD rule would require a long and challenging administrative pro- ter in Los Angeles. Looking to make a broader impact, in 2008 he cess.” began exploring ways to protect more lesbian, gay, bisexual, and The rule, which took effect in March, mandates that housing transgender (LGBT) individuals. financed or insured by HUD be available without regard to sexual ori- “About 20 states, including California, prohibit LGBT discrimina- entation, gender identity, or marital status. In addition, the definition tion in housing,” Garland says. “But I thought it was pretty sad that of “family” in HUD rules now makes LGBT individuals and couples eli- this wasn’t the case in most states.” gible beneficiaries of the agency’s public housing and voucher pro- Figuring that federal law offered the quickest remedy, Garland grams, which collectively serve 5.5 million people. first set about amending the Fair Housing Act—which bans discrimi- Garland has returned to Berkeley as executive director of Educa- nation based on race, color, religion, gender, or national origin, but tion Pioneers, a nonprofit that identifies and trains education reform not sexual orientation. When it became clear that the new Obama leaders for public schools. He says, “It’s a tremendous feeling to administration had more pressing priorities, Garland and his col- help advance a better quality of life for people in low-income neigh- leagues made a strategic shift. borhoods,” adding, “I’ve always felt very fortunate to do this kind of “First we focused on an executive order,” he says, “and brought work.” —Andrew Cohen

spring 2012 | Transcript | 61 CLASS NOTES

looking forward to serv- cialist with the State Bar of Affairs. In his new role, Paul Jonathan and his colleagues, ing my new clients—the California, and was previ- negotiates talent and pro- is about to unveil a new students.” ously an associate at Christy duction deals for the Bravo, product to provide incen- & Keith Family Law Group Oxygen, and Style television tives to traditional lenders to PC in San Mateo and a staff networks. “I work closely deploy debt capital towards 2002 attorney at Bay Area Legal with studio and network commercial finance transac- Roxanne Hoegger and Lisa Aid in San Francisco. For executives to structure and tions where the lender may Auer ’07 are pleased to more information about the close deals with talent and feel reticent to ascribe real announce that they have practice, go to www.bayfam- production companies, value to the borrower’s intel- formed a new partnership law.com. managing risk and maintain- lectual property portfolios. devoted exclusively to fam- ing industry relationships ily law. Auer & Hoegger at every step.” As Senior LLP represents individuals Counsel, he drafted and 2005 throughout the Bay Area on negotiated television con- Alexandra (Manchik) a wide range of family law tracts for the NBC broad- Barnhill, a municipal and matters, including divorce, cast network and affiliated land-use attorney, is on the domestic partnerships, studios. He also taught a move. Alexandra practiced child custody, child and fall 2011 class at Boalt titled law for six years in Santa spousal support, pre-mari- “Entertainment Law: TV & Barbara with Brownstein tal and post-marital agree- Film.” Hyatt Farber Schreck (for- ments, parentage actions, merly Hatch & Parent), rep- and domestic violence pre- Jonathan Petrus, a partner resenting local developers, vention. Roxanne and Lisa of Pluritas LLC, an intellec- cities, and special districts. bring significant family law tual property and intangible Recently, she accepted an expertise to the practice. 2003 assets investment bank, offer to join Burke Williams Lisa was previously a fam- Paul Marchegiani was played a key role in driving & Sorensen in its Oakland ily law associate at Sideman promoted to Director some of the largest M&A office. The Burke firm is one & Bancroft LLP and Folger of Business Affairs at transactions in both healthy of the first firms in California Levin & Kahn LLP, both in NBCUniversal in Los and distressed environ- to practice public law. San Francisco. Roxanne is Angeles. Previously, he ments during 2011. Plutiras, Alexandra’s new position will a certified family law spe- was Senior Counsel, Legal under the leadership of allow her to focus on representation of municipal clients and live closer to her identi- In Memoriam Franklin A. Dill ’39 Carolyn K. W. Lim ’91 cal twin, Estie (Manchik) Vivian B. Distler ’94 John F. Lundberg ’68 Kus ’05. In her new position, Merrill K. Albert ’55 Philip E. Decker ’72 Christopher Ma ’78 Alexandra acts as the assis- Robert W. Benson ’68 Stephen A. Dombrink ’68 Hans H. Mahnke ’57 James E. Dremann ’73 George A. Malloch ’59 tant city attorney for four Bay Melvin E. Beverly ’52 Area cities and also advises Jack W. Blumenstein ’70 Jared Dreyfus ’76 Jeffrey P. Mansuy ’73 James E. Dunlap ’84 Robert S. Marsel ’71 special districts. Daniel E. Boatright ’59 Eugene P. Feit ’72 Gerald P. Martin, Jr. ’59 James A. Bowen ’76 Thomas V. Flaherty ’65 Kelly W. McCloud ’80 Jonathan Neumann pub- Thomas P. Brown, Jr. ’49 John S. Fleming ’49 Michael L. Mellor ’50 Robert C. Brunsell ’59 Hubert D. Forsyth ’50 Christopher G. Metzger ’88 lished his first novel, Bar Roger L. Carrick ’80 J. Wesley Fry ’59 Lincoln N. Mintz ’65 Code, which follows the mis- Richard H. Castellanos ’90 Randolph W. Gaines ’68 Brian O’Gorman ’65 adventures of Crandall Condra ’47 Frederick G. Girard ’53 Donald A. Peters ’55 four Boalt Hall John S. Cooper ’42 Milton H. Gordon ’55 Rudolph Petersdorf ’53 classmates trying Barnet M. Cooperman ’48 W. W. Gudmundson ’48 George R. Poehner ’68 Bruce M. Cowan ’58 Laurence P. Horan ’55 Frederic A. Sawyer ’51 to untangle their Charles D. B. Curry ’56 Fred K. Howell, Jr. ’51 Fidel Schmitz, Jr. ’40 twisted lives dur- Stuart J. Cutler ’70 Marjorie H. Kaufman ’87 Esther Shandler ’45 ing the summer John G. Davies ’62 John P. Kelley ’66 Raymond Shonholtz ’68 of the California Keven J. Davis ’82 Dennis E. Kinnaird ’64 C.M. “Bud” Sullivan ’60 Bar Exam. Further Joseph P. DiCiuccio ’73 John D. Lanam ’63 Paul M. Valle-Riestra ’85 details regarding the novel Joseph W. Diehl ’50 Richard T. Lemmon ’57 Boniface V. Yturbide ’52 can be found at http:// www.barcode-novel.com.

62 | Transcript | spring 2012 Purchasing information can is thrilled to fulfill a lifelong for securing a $1.1-billion As a result of the litigation, be found at http://www.ama- personal and professional settlement from the Caltrans must now improve zon.com/dp/B0063N10ES. dream and would love to hear California Department of its sidewalks over the next from any other Boalties in Transportation (Caltrans). 30 years and follow federal Stephanie Schmid is pleased the Foreign Service or living It is the largest single award and state accessibility guide- to announce that she has abroad. of its kind in the nation, lines when undertaking new been appointed to the United resulting from two class construction. States Foreign Service as Mary-Lee (Kimber) Smith actions which alleged that a Political Foreign Service was honored with a Caltrans denied people Officer. Stephanie began her California Lawyer Attorney with disabilities access to its 2006 training in Washington, D.C., of the Year (CLAY) Award approximately 2,500 miles Alicia Gámez has been in May 2011. She says she in the disability law category of sidewalk across the state. selected by San Francisco

Virginia Zaunbrecher ’07 Navigating Legal Landscapes in the Developing World

When Virginia Zaunbrecher ’07 needed to clarify an employ- Angeles and looked for a job closer to the intersection of law and ment issue in South Sudan, she didn’t bother with LexisNexis. The public health. newly formed country didn’t yet have an official labor law. Instead, her She found it at Relief International and credits Boalt’s Loan Repay- legal research included emailing the Yahoo! address listed as the offi- ment Assistance Program (LRAP) for enabling her to take it. “It’s a cial Ministry of Labor contact and trying to meet with Madame Helen, nice coincidence that my classmate Abe Gardner [’07] led efforts to then the Minister of Labor. That level of creative problem-solving is one improve LRAP. Five years ago, I didn’t imagine I would be a direct of the things Zaunbrecher likes best about her work as a senior pro- beneficiary.” gram development officer with Relief International. Zaunbrecher, who recently had to add pages to her passport, typ- “As law students, we learn how to use creative arguments to push ically travels one month out of four to countries like Bangladesh, forward interpretation of the law,” she says. “I use those skills every Myanmar, and Sudan. She is now designing her second project in day, except I’m dealing with situations in developing countries, not Bangladesh: to expand people’s understanding of their legal rights courtrooms or corporate offices.” and responsibilities; increase access to legal aid, especially in rural Her work at Relief International—a nonprofit that provides emer- areas; and improve the judiciary’s self-governance capabilities. Her gency relief, rehabilitation, and development assistance to vulnera- first project in the country concerned violence against women. “We ble communities worldwide—takes Zaunbrecher back to a field she looked at everything from services for survivors to police practices first explored at Boalt. “After my 1L year, I got involved with Universi- in a region where these subjects are rarely discussed, much less ties Allied for Essential Medicines, a group working to improve the addressed head-on,” she says. availability of medications in the developing world. That was my first Although her work sometimes focuses on nonlegal issues, Zaun- encounter with the notion of law impacting people’s access to the brecher says, “Every topic we touch has legal implications. Our resources they need to exit poverty,” she says. health programs have to follow local laws about using health data, A brief stay at a white-shoe law firm in New York convinced for example. Law affects how the world works, and I’m learning Zaunbrecher that she would not be satisfied working on corporate more every day about how the absence of the rule of law affects restructuring. When her apartment lease was up, she moved to Los people’s lives.” —Diane Fraser

spring 2012 | Transcript | 63 CLASS NOTES

Mayor Ed Lee to serve on was born on May 22, 2011. award for her work promot- and Folger Levin & Kahn the city’s Commission on Their two-year-old daugh- ing pro bono in the Central LLP, both in San Francisco. the Status of Women. Alicia ter, Katie Marie Mack, is a Valley. Ana was honored Roxanne is a certified fam- is one of seven commis- proud older sister. for her extraordinary ily law specialist with the sioners. The Commission commitment to provid- State Bar of California, and aims to ensure equitable Sarah (Houghland) Ward ing equal access to justice was previously an associate treatment and foster the accepted a position through private attorney at Christy & Keith Family advancement of women at Microsoft Corp., in involvement with Central Law Group PC in San and girls in San Francisco Redmond, Washington, as California Legal Services. Mateo and a staff attorney through policies, legisla- an attorney, in August 2011. She has been an associate at at Bay Area Legal Aid in San tion, and programs, both She advises clients on intel- Lang, Richert & Patch since Francisco. For more infor- public and private, that lectual property issues and 2007 and its pro bono coor- mation about the practice, focus on populations in assists with Windows OS dinator since 2009. Ana please visit www.bayfam- need. An attorney and and Server licensing trans- works primarily in employ- law.com. member of the California actions. She loves her new ment law and sits on vari- State Bar, Alicia main- job, but is not fond of the ous state bar committees Kevin Mack and Olga tains her own practice at weather in her home state. related to the provision of (Kotlyarevskaya) Mack ’06 the Law Offices of Alicia pro bono services to the are proud to announce the Gámez and advises clients underserved. birth of their second baby on tax, estate planning, and girl, Natalie Eliese Mack. general business, includ- Natalie was born on May ing entity formation and 22, 2011. Their two-year- business compliance for old daughter, Katie Marie California corporations Mack, is a proud older and multiple-member sister. LLCs. She also serves on the Executive Committee of the Taxation Section of 2009 the Bar Association of San Boris Kogan and Christina Francisco. Alicia is an active Chandler ’10 are happy member of the Latino com- to announce their mar- munity and has been a San riage on Oct. 29, 2011, in Francisco La Raza Lawyer Lisa Auer and Roxanne San Francisco. They cur- Association board member 2007 Hoegger ’02 are pleased to rently reside in Los Altos, since 2009. Ana de Alba and Francisco announce that they have California, and both work in Medina are proud to formed a new partnership Palo Alto law firms. announce the birth of devoted exclusively to fam- a baby girl, Sofia Isabel ily law. Auer & Hoegger Medina. She was born on LLP represents individuals 2010 Jan. 12, 2011, in Clovis throughout the Bay Area Chengwei Liu recently trans- Community Hospital, on a wide range of fam- ferred back to Global Law and weighed 6 pounds, 6 ily law matters including Office in Beijing as a part- ounces. Ana and Francisco divorce, domestic partner- ner. Chengwei recently was believe that they have hit ships, child custody, child employed at Jones Day as an the “baby jackpot” with and spousal support, pre- associate. Sofia. She is a joy to be marital and post-marital around and didn’t take long agreements, parentage Christina Chandler and to sleep through the night. actions, and domestic vio- Boris Kogan ’09 are happy On July 13, 2011, lence prevention. Roxanne to announce their mar- Olga (Kotlyarevskaya) Mack California Supreme and Lisa bring significant riage on Oct. 29, 2011, in and Kevin Mack ’07 are Court Chief Justice Tani family law expertise to the San Francisco. They cur- proud to announce the birth Cantil-Sakauye presented practice. Lisa was previ- rently reside in Los Altos, of their second baby girl, Ana with One Justice’s ously a family law associate California, and both work in Natalie Eliese Mack. Natalie “Opening Doors to Justice” at Sideman & Bancroft LLP Palo Alto law firms.

64 | Transcript | spring 2012 HTTP://GIVE.LAW.BERKELEY.EDU Boalt Hall THE scholars BOALT and students HALL are on the FUND fast track! Two faculty members team up for a new course on mergers and acquisitions. KEEPS Researchers create a blueprint for how to increase renewable energy in US ON California. Three students help organize a THE FAST symposium on water law. High maintenance. It’s costly to keep TRACK! the fast track in prime condition: Recruiting faculty. Increasing financial aid. Updating our facilities. And, yes, keeping the lights on. Boalt Hall must rely on our alumni and friends to invest in its excellence.

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Be part of a once-in-a-century event— Boalt’s Centennial All-Alumni Weekend SAVE THE DATE: Nov. 9 celebration. Boalt’s Centennial Gala Friday, Sept. 21 One hundred years ago, UC Berkeley’s President Obama’s First Term: A Report Card—Don’t School of Jurisprudence was founded miss this enlightening and entertaining roundtable with the goal of becoming one of the conversation with former California Governor Pete best law schools in the country. Today, Wilson ’62, former Michigan Governor Jennifer Boalt is a top-tier law school, with a Granholm, former Secretary of Labor Robert Reich, renowned faculty and accomplished and Dan Schnur, former director of communications for alumni in all walks of life. Senator John McCain’s 2000 presidential campaign. Be part of this splendid black-tie Tickets: www.law.berkeley.edu/centennial.htm evening as we look back on 100 years Saturday, Sept. 22 of outstanding legal education and Back-to-Boalt Day—Return to your alma mater and join chart a course for our next century. us in commemorating anniversary milestones of our top- Join us for a memorable night of rated centers and programs. Enjoy presentations (CLE cocktails and hors d’oeuvres, a lavish credit given); the Jensen Award luncheon; socializing dinner in the Pauley Ballroom here at with friends, colleagues, and classmates; and more! Cal, and dancing to the music of one of San Francisco’s premier society bands, Class dinners—Come enjoy camaraderie, catching the Dick Bright Orchestra. up, and celebratory dinners honoring all classes, and in particular, those with graduation years ending in 2 or 7.

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