New Classrooms, an Inviting Student Center, and Now the Remarkable New Library and South Addition. Three Years of Renovations Pay Off

University of California, Berkeley, School of Law Spring 2011 Vol. 43, No. 1 Transcrip t

SPRING 2011 Home Makeover New classrooms, an inviting student center, and now the remarkable new library and South Addition. Three years of renovations pay off. PAGE 28

Q&A: International Intelligence DARING DIPLOMACY Covering the Tracks Boalt professor David Caron ’83 From Venezuela to Chile, Is privacy even possible in an tackles the state of international law Washington to Panama, online world? A Boalt research with a big-picture perspective and Irving Tragen ’45 is truly center explores the issues around an eye for detail. 36 a man of the Americas. 22 “Do Not Track” legislation. 14

Transcript.Spring11.Cover.V06.indd 1 5/23/11 7:39 AM transcript

EDITOR & EXECUTIVE 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 Ghelfi, l’atelier starno

CONTRIBUTORS Ann Appert William Benemann Jon Jefferson Jon Michaelson ’78 Ben Peterson Linda Peterson Megan Smith

CONTRIBUTING ARTISTS Jim Block Francesco Bongiorni Terry Colon Zach Cordner Lou Dematteis Ethan Kaplan Fred Mertz Lloyd Miller Stephen Voss

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.

Transcript.Spring11.Masthead.COV2.V02.indd 1 5/23/11 7:52 AM transcript spring 2011 vol. 43 CONTENTS No. 1

SPECIAL: CAMPAIGN FOCUS ON FINANCIAL AID

Investing in Boalt Lawyers...... 20 Thanks to a strategically expanded approach to its financial aid program, Boalt is flooding the legal world with talented young lawyers, such as intellectual property associate Monique Liburd ’08 . By Linda Peterson FEATURES

Our Man in Latin America...... 22 For half a century, diplomat Irving Tragen ’45 witnessed and influenced history in Chile, Mexico, El Salvador, Peru, Venezuela, Bolivia, and Panama . By Jon Jefferson

Cover story

Boalt Never Looked Better...... 28 With the unveiling of the stylish South Addition, Boalt now provides transformative space for a bigger and better law school . By Andrew Cohen

Nine New Professors ...... 34 A surge of talented new faculty enables the law school to conduct a more ambitious research and service agenda . By Andrew Cohen

A World of Good...... 36 A Q&A with Professor David Caron ’83 discusses the state of international law, four other faculty experts tackle hot topics in the field, and four Boalt grads take the world stage . By Andrew Cohen (interview), Jon Jefferson (faculty), and Ben Peterson (alumni). Columns departments

From the Dean ...... 2 In Brief ...... 3 Forefront ...... 11 Past Present ...... 52 Students Bring Their Case to Seeding Scholarly Inquiry; Capital Making History, Informing the Insight ...... 51 Justice; EBCLC Builds a Green- Ideas; All the World [Wide Web]’s Future

) house for Green Entrepreneurs; a Stage; Making Accountability

n Are Lawyers Recession-Proof? By Jon Michaelson ’78 Alumni State Their Positions; A Count; Energy Storage Gets Advancement ...... 54 rage T Remarkable Life: Jess Jackson ’55; Cooler; Dynamic Convergence;

er ( er News and Notes from the Alumni n What Makes Ricky Run; Lifeline Liable to Change Center ord c for Capital Cases; Due Date Not h h c Debatable; Winning Ways; Creative Works . . . . .46 N), za N), Fighting Rape on Two Fronts; Notable Contributions from the ARO Class Notes ...... 61 (C Fellowship Extends Coblentz Boalt Community All in the Boalt Family

VOSS Legacy

he ...... 48

p Fast Forward

ste Boalt Student Action Figures

Cover Photography by ETHAN KAPLAN spring 2011 | Transcript | 1

Transcript.Spring11.TOC.1.V07.indd 1 5/23/11 7:53 AM FROM THE DEAN

write in the afterglow of a graduation I will long remember because we were able to hold the traditional post-ceremony reception in and around the new South Addi- tion. We had a special party for graduating 3Ls and LL.M.s on April 29—coinci- dentally 100 years to the day since the ribbon cutting for the original Boalt Hall. While that party was limited to the new roof garden, for the graduation reception we had pretty much the entire new building plus flanking courtyards. Several hundred freshlyI minted alumni, friends, family, and faculty had a sensational time in every respect. Berkeley has never looked better, and Boalt’s future has rarely seemed so bright. That may seem strange, given budget crises, tuition increases, and changes sweeping the profession. Here, however, the ripples of anxiety the campus community feels are “It’s inspiring more than matched by our pride and confidence. The recession has made fundraising difficult and the state an even less reliable financial partner. While there is no end in to look back, sight for the state’s troubles, we are gearing up for the sprint to the finish of the Campaign for Boalt Hall. I hope our dramatic physical transformation—with new but the real classrooms and the South Addition, plus the exciting renewal of our faculty and curriculum, plus our ever-more critical needs to fund financial aid (see page 20)—will carry exhilaration us through to complete the Campaign and, at the same time, emerge from the Great Recession on track and stronger than before. comes from Boalt has hired 44 new faculty members since I arrived in 2004. Every year I’m pleas- imagining the antly overwhelmed by the talent we add. This year we outdid ourselves, with nine professors who just finished their first tour of duty (see page 34). Every year is bittersweet, too, greatness that with retirements. This year the list includes Martin Shapiro (who at graduation was surprised to be awarded the Berkeley Citation, the campus’ highest award for faculty lies ahead.” achievement). Dick Buxbaum formally retired after 50 years of teaching at Boalt. Dan Rubinfeld and Bob Kagan, both giants in their fields, also decided to downshift. All four, –Christopher Edley, Jr. however, will still be involved and do occasional teaching. William H. Orrick, Jr. Our collaborative research centers continue to flourish. The latest to bloom is the Distinguished Chair and Dean Berkeley Institute for Jewish Law and Israeli Law, Economy and Society, which launched April 6 with a wonderful campuswide event (see page 11). At the same time, we con- cluded that three of our centers could be stronger if they pooled their resources. So we consolidated them—a bit of spring cleaning, if you will—into the newly reconfigured Chief Justice Earl Warren Institute on Law and Social Policy (see page 18). This fall, we’ll begin a yearlong Centennial Celebration, and reflect on our enduring excellence and remarkable progress as a law school over the past century. It’s inspiring to look back, but the real exhilaration comes from imagining the greatness that lies ahead. JIM BLOCK JIM

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Transcript.Spring11.Dean.2.V04.indd 1 5/23/11 7:39 AM NEWS FROM THE BOALT IN BRIEF COMMUNITY Students Bring Their Case to Justice MCBAINE ith more than 2,000 spectators Competition is modeled after U.S. Supreme MOOT COURT listening intently, U.S. Supreme Court practice. Frampton and Piper argued COMPETITION Court Justice Sonia Sotomayor Busch v. Marple Newtown School District, in which NUMBERS leaned forward to address a kindergarten student’s mother was barred from Thomas Frampton ’12 and Edward Piper ’12, this reading a Bible passage during a show-and-tell More than 2,000 W spectators year’s James Patterson McBaine Honors Moot exercise. Piper represented the mother, Frampton witnessed this Court Competition finalists. the school district. year’s final round at “I do moot courts because, every once in a The Supreme Court Justice presided over the Zellerbach Hall. while, I need an injection of hope,” Sotomayor final round with U.S. Ninth Circuit Court of said after the students’ hour-long oral argument. Appeals Judge and Boalt lecturer William Finalists have 30 “When I see performances like the ones you Fletcher and California Supreme Court Justice minutes each to gave, I have so much hope for our profession.” Carol Corrigan. Although Sotomayor’s presence present their oral Open to Boalt 2Ls and 3Ls, the McBaine spiked ticket demand and prompted Boalt to arguments before a panel of 3 judges.

A $125,000 endowment from Crowell & Moring created the event’s new Best Brief Award.

The 2010-11 competition fetured 35 second- and third-year Boalt students.

Students receive 2 units for participating in the competi- FULL-COURT PRESS: This year’s James Patterson McBaine Honors Moot Court Competition was moved to Zellerbach Hall to tion, 1 in fall and 1 in accommodate ticketholders eager to see U.S. Supreme Court Justice Sonia Sotomayor. Above left: Sotomayor (center) spring. presides over the competition’s final round with California Supreme Court justice Carol Corrigan and U.S. Ninth Circuit Court of Appeals Judge and Boalt lecturer William Fletcher.

photography by Fred Mertz SPRING 2011 | Transcript | 3

Transcript.Spring11.InBrief.3-10.V16.indd 1 5/31/11 10:57 AM IN BRIEF move the event to Zellerbach Hall, Frampton author the McBaine Competition’s top briefs, it and Piper remained poised throughout the was created by a $125,000 endowment built on judges’ pointed, challenging questions. donations from Boalt alumni at the firm. Frampton prevailed by a “thin, thin slice,” Crowell & Moring partner Gregory Call ’85 according to Sotomayor, who said moot court is presented this year’s award to Micah Sucherman “nerve-wracking and scary, and preparation is ’11 and Colin Hector ’11. “Boalt is home to some what helps you get through it.” of the brightest law students in the country,” Call Before the final verdict, Boalt Director of said. “This competition gives students an incred- Professional Skills David Oppenheimer an- ible learning opportunity as they prepare to serve nounced the new Crowell & Moring Best Brief our community and lead the profession.” Award. Presented annually to two students who — Andrew Cohen

GROWING GREEN: Sushil Jacob ’11 and EBCLC plan to offer low-income entrepreneurs help with starting green-collar ventures.

GC3 at a Glance GC3 will support ventures involved in: n Rooftop solar-panel installation n Home weatherization n Sustainable, organic landscaping EBCLC Builds n Non-toxic cleaning services Potential GC3 Greenhouse for Green services: n Choosing a new business entity Entrepreneurs n Drafting articles of incorporation and business plans eading forecasters and politicos say ties. Rewarded with a Skadden Fellowship for his green jobs are essential to a cleaner, efforts, Jacob will launch the Green Collar n Securing financing healthier economy. Yet the majority of Communities Clinic (GC3) project this fall. n Industry-specific green-technology jobs created by these environmental “It’s exciting to see how low-income earners or consulting L initiatives may just mean a paycheck, rather than unemployed workers can benefit from coopera- a real sense of ownership for workers. tive ownership models,” says EBCLC Executive n Monthly green-collar business training and Sushil Jacob ’11, working closely with the East Director Tirien Steinbach ’99. “This project workshops Bay Community Law Center (EBCLC), is deter- involves cutting-edge financing and encourages mined to unlock the potential of environmental workers to truly be invested in their own block m job opportunities in disenfranchised communi- communities.” Ji

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Transcript.Spring11.InBrief.3-10.V16.indd 2 5/23/11 7:51 AM Jacob first approached EBCLC after finding GC3 gathers UC Berkeley faculty and gradu- inspiration in a class on community develop- ate students from law, business, and other disci- ment. After he and classmate Jalle Dafa met plines to offer the free legal and business consult- with experts connected to ing services that low-income UC Berkeley’s Haas School entrepreneurs need to get of Business, local sustain- The clinic offers free started with green-collar ability leaders, investors, services to help low- ventures. Home weatheriza- and people closely tied to tion, solar panel installation, the growth of cooperatives, income entrepreneurs and sustainable landscaping the students had enough get started with are just a few examples of information to put together the work GC3 expects to the GC3 proposal. green-collar ventures. support. “We met with a wide range “This is an ambitious of stakeholders,” Jacob says. plan,” Steinbach says. “Sushil “Their input helped us determine how to move is the reason I have so much confidence in it. forward and make the most of multiple levels of He’s an extremely hard-working, visionary law- services. We developed this idea from an academic yer who believes in this project.” exercise into a clear vision with actionable steps.” —Ben Peterson

Alumni State Their Positions oalt graduates are not taking over the legal world one state at a time—but it could seem that way now that Bill Hebert ’89, Paul Chan ’84, and Louise B Ing ’78 have been elected presidents of their respective state bar associations in California, Colorado, and Hawaii. Hebert, a partner at Calvo Fisher & Jacob Pacific American Bar Association. RAISING THE BAR: Boalt alums Louise Ing ’78, Bill LLP’s San Francisco office, is the third Boalt Ing, a director at Alston Hunt Floyd & Ing, Hebert ’89, and Paul Chan graduate in four years to lead the California Bar. helps businesses, nonprofits, and individuals ’84 are presidents of the He follows Buchalter Nemer partner Holly Fujie resolve disputes and prevent future conflicts. Her state bar associations in Hawaii, California, and ’78 (2008–09) and U.S. Ambassador to Australia practice covers contracts, commercial transac- Colorado, respectively. Jeff Bleich ’89 (2007–08). A business litigator, tions, leases, employment, real estate, creditors’ Hebert is also a U.S. District Court panel media- rights, and bankruptcy law. A past and present tor and was a contributing author to the 2010 board member of several Hawaii nonprofits and

han) treatise California Antitrust and Unfair Compe- companies, she has appeared in Best Lawyers in C l l u

a tition Law. America in its Commercial and Bet-the- P Chan, general counsel for the University of Company Litigation sections. enver ( enver D

f Denver, is the Colorado Bar Association’s first “State bar associations enhance public protec- Asian Pacific American leader in its 113 years. tion by setting the rules governing attorney con- Before joining the University of Denver in 1997, duct and educating the public about what we he worked at the Colorado Attorney General’s do,” Hebert says. “They also promote pro bono,

strong, University o strong, Office. Chan is also a past president of the m push for access to justice, and raise and distribute r A Denver Bar Association, National Asian Pacific funds to support legal services to the poor.”

Wayne Wayne American Bar Association, and Colorado Asian —Andrew Cohen

SPRING 2011 | Transcript | 5

Transcript.Spring11.InBrief.3-10.V16.indd 3 5/23/11 7:51 AM IN BRIEF A Remarkable Life: Boalt Graduate Jess Jackson ’55

ne morning during his second year dean’s respect.” at Boalt Hall, Jess Jackson ’55 did That became a common theme during the unthinkable: He walked in late Jackson’s remarkable life, which ended April 21, to class—with his pants covered in at age 81, due to complications from cancer. Be O blood. The professor promptly sent him to see it his three decades as a topflight real estate Dean William Prosser, America’s leading expert lawyer, his colossal success in the wine industry, on Torts and an intimidating disciplinarian. or his stellar record as an owner of thoroughbred Jackson worked nights as a reserve officer in the racehorses, Jackson was known as a straight Berkeley Police Department, he told Prosser, shooter. and got his clothes bloody subduing a melee “Everyone liked Jess,” MacMahon says. “He near the end of his shift. was down to earth and remained very accessible “He was a mess but wanted to be on time throughout his life, even with all of his tremen- because the dean would raise hell if he wasn’t,” dous achievements.” classmate Jay MacMahon recalls. “Jess said that After graduating from Boalt, Jackson worked when he came in, Dean Prosser bellowed, ‘Mr. in the California Attorney General’s Office and PICTURE PERFECT: In 2005, Jackson, do you think this is a butcher shop? It’s for the California Department of Public Works. Jackson hosted his Boalt a school of law!’ Students were strongly discour- He started his own law firm in San Francisco, class’ 50th reunion party at his Redwood Estate aged from working during law school, but when argued several cases before the U.S. Supreme near Geyserville, Jess explained his situation, that he had to work Court, and became one of the area’s most California. to put himself through Boalt, he earned the sought-after land-use attorneys.

6 | Transcript | SPRING 2011

Transcript.Spring11.InBrief.3-10.V16.indd 4 5/23/11 7:51 AM When MacMahon’s business partner lost much of his property after a severe mudslide in 1983, Jackson litigated the case in federal court. Asserting that the city’s negligence in building protective barriers had triggered the damage, Jackson negotiated a favorable settlement. In epic style, Jackson hosted his Boalt class’ 40th and 50th reunion parties. MacMahon recalls the 50th reunion bash in 2005, at Jackson’s Redwood Estate near Geyserville, California, as “the party to end all parties.” MacMahon and his wife, Gloria, were one of two couples that won a raffle—and with it a ride in Jackson’s private Blue and Gold helicopter over Napa and Sonoma counties. “That was a wonderful experience and an extraordinary reunion,” he says. “Jess was the ultimate host.” In 1974, Jackson bought an 80-acre pear and walnut orchard in Lake County, California, as a weekend getaway from city life. He soon con- Breeders’ Cup and the 2008 Dubai World Cup, LOOKING AHEAD: Known as verted it into a vineyard and developed the a visionary who was was the first North American-based horse to unafraid to take chances, Kendall-Jackson brand, which marketed pre- amass $10 million in purses. In 2009, Rachel Jackson achieved enor- mium wines to the public and became America’s Alexandra became the first filly to win the mous success in law, wine- best-selling Chardonnay for over two decades. Preakness in 85 years. That same year, Jackson making, and horse racing. In 1983, his Vintner’s Reserve Chardonnay won had her skip the Breeders’ Cup because he the American Wine Competition’s first double deemed the track’s synthetic surface too platinum medal. dangerous. Highly skilled at buying properties below A few years earlier, Jackson pushed for a their market price, Jackson acquired 14,000 acres Kentucky law requiring agents representing of wine grapes and operated 35 wineries that both sides of a horse transaction to disclose produced more than 5 million cases a year. He their dual representation to the buyer and also became a leader in the seller. It passed in 2006. wine industry’s sustainable “Horse racing is a damn farming movement, imple- “Everyone liked Jess. interesting industry and a lot menting several environmen- He was down to earth of fun,” Jackson told tally friendly innovations Transcript in 2008. “But throughout his vineyards. and remained very some of the biggest names Jackson sought to make fla- accessible throughout in the industry are the big- vorful wines by blending the his life, even with all of gest crooks.” same variety of grape grown As a wine mogul, Jackson in different regions. That his tremendous criticized special distribu- approach contrasted sharply achievements.” tion laws in various states with the industry standard that increased consumer for quality wines—on which —Jay MacMahon ’55 prices by requiring wine to labels showed a single geo- pass through distributors. graphic source—and proved “The idea that Jess would wildly successful. want to correct wrongs in the horse racing or “Our goal is to broaden the consuming public, wine business doesn’t surprise me,” MacMahon to bring neophyte people to wine,” Jackson told says. “That was his bent, to do right even if it The New York Times. “I’m making wine for the cost him.” consumer, not the wine writers.” After being Jackson was a generous philanthropist who inducted into the Vintners Hall of Fame in 2009, donated millions of dollars with his second wife, he said, “Wine celebrates friends, family, and Barbara Banke, in support of several charities. love—all of the best things in life.” He is survived by Banke, his children Jennifer Recently, Jackson owned the U.S. Horse of the Hartford, Laura Giron, Katie Jackson, Julia endall-Jackson Winery endall-Jackson K

f Year for three straight years: Curlin in 2007 and Jackson, and Christopher Jackson, and grand-

rtesy o rtesy 2008, and Rachel Alexandra in 2009. Curlin, children Hailey Hartford and MacLean u

co who won the 2007 Preakness Stakes and Hartford. —Andrew Cohen

SPRING 2011 | Transcript | 7

Transcript.Spring11.InBrief.3-10.V16.indd 5 5/23/11 7:51 AM Transcript.Spring11.InBrief.3-10.V16.indd 6 IN BRIEF 8 calling.” vice,” hesays,“is a noble & Pensions.“Publicser- Health, Education,Labor and theCommitteeon Leader BillFrist(R-Tenn.) then-Senate Majority Republican convention. equity atCalifornia’s 2005 spoke oneducational youngest member, he Education at17.Asits California StateBoard of was appointedtothe parents from India,Gill Silicon Valley.” ter tieswithinnovatorsin ture industryandto“fos- talize thearea’s agricul- County.” Hehopestorevi- capital inSanJoaquin develop andretain human says, “We’ve gotto the nationalaverage,Gill ployment ratenearlytwice San JoaquinCounty. which includeshisnative Congressional District, for California’s 11th announced hiscandidacy in May—atage24—Gill other leadershiproles. So Education adviser, and ber, CaliforniaSecretary of Board ofEducationmem- co-chair, CaliforniaState Area Youth Commission Princeton, Greater Lodi Phi BetaKappaat high schoolvaledictorian, résumé seemedtoagree: for Congress, andhis time toconsiderrunning Ricky Gill ’12feltitwas Ricky Run What Makes

Gill later worked for Gill laterworkedfor The sonofimmigrant thelocal unem- With |

T r a —Andrew Cohen n sc ri p t

SPRING 2011 F

ity ofparole,”ity Weisburd says. sentencelife thepossibil with local defense attorneys secure a were inhelping crucial views intermemoranda, and witness thorough “Their research, legal mentaldocument his illness. charged double murder, with to ofaman and family friends scoured thestate to interview Weisburd, heads SCAP, up who Clinic’s staff attorney Kate students and theDeath Penalty averting death sentences. the project’s effectiveness in penalty. inimposingties thedeath region forinequali known well indigent clients criminal ina challenges ofdefending seen firsthand the In theprocess, they’ve and other help.views, inter- witness ing, search, writ motion dreds ofre- ofhours and Alabamahun- with Texas, Virginia, Georgia, neys incapital cases in have aided defense attor ProjectAssistance (SCAP) clinic’s Southern Capital dents involved the with comes in. Since 2008,stu- Death Penalty Clinic table. sons to take death offthe would prosecutors give rea oftenvigorous precludes the investigations that defense, inSouthern especially states, too all However, lackforthe offunding thepervasive a negotiated plea counts asa solid victory. In asecond case, aSCAP In Virginia last year, three Two recent cases illustrate That’swhere Boalt’s prosecutor to forgo thedeath for penalty acquittal. In many cases, convincing a notalways with case is synonymous or defense attorneys, success inacapital for CapitalCases ------Lifeline Lifeline D 99.5% row, 53% Of themenandwomenondeath was cappedat tion forout-of-courtpreparation trial bylawyerswhosecompensa- row inmateswererepresentedat More thanhalfofAlabama’sdeath the mostexecutionssince1976. Georgia, fourofsevenstateswith Texas, Virginia, Project hasworkedoncasesin The SouthernCapitalAssistance e a t h are indigent. are peopleofcolorand Pen $1,000. al A most useful reports that reports most useful we had inthecase,” sentence. students produced “The some ofthe todant murder pled guilty inexchange foralife profound mental In illness. theend,defen- to better understand the defendant’s of history ducting legal research onmental health issues thousandsofdocuments andby con reviewing - team supported an Alabama defense attorney labama, and t y D

A T A

says thegrateful Alabama attor penaltyclinic.org. on Boalt’s website and at death- about itsgraduates, can befound stories, cases, and information Penalty Clinic, including news sources. More about theDeath from alumni and othergifts interest positions. currently working inpublic- Death Penalty Clinic alums are ties.” More than 60percent of and theircommunifamilies, ty’s impact onour clients, their and appreciate thedeath penal dents come understand to truly rewarding to watch asthestu- fellowship.of aclinic “It’s very theprojectciation grew with out case, says Weisburd, asso whose ute to thedefense ofacapital tunity forstudentstunity to contrib SCAP is funded entirely funded is SCAP by computer screen doing more comfortablebehind a admits “far she is ’10, who ney, “including substantial Alabama law.” was arevelation. “Nothing legal research,” working on on some key points of research helpful and very tion in the Deeption South a capital investiga trial For Tess Hand-Bender that offer thebest oppor could have been better for building myfor building confi- she says. skills asan advocate,”skills dence and honing my SCAP selects SCAP cases —Bob Rucker ------

5/23/11 7:51 AM

Lloyd miller (death penalty) Due Date Not Debatable

hose who attended the American alumni club’s call for debaters until the third Universities Debating Tournament at email request. I warned them I was pregnant, but the Grand Palais in Paris in December my due date was after the final round. I didn’t saw firsthand that Kerstin Carlson ’01 expect to make it to the finals.” Tis not one to make excuses. Another jaw-dropping effort came from team- Weeks after being named best speaker in the mate Olivier Jeannel—who is deaf and used lip- tournament’s quarterfinal round, Carlson was reading, hearing aids, and live captioning again named best speaker in the suspense-filled throughout the competition. Jeannel was named final round. And that’s when the real drama began. best speaker in the semifinals, as Boalt defeated “I was pregnant, and my water broke during an alumni team from Stanford. the audience question-and-answer session fol- Tournament judges included Judith Baroody, lowing the debate,” Carlson recalls. “That was Minister Counselor of Public Affairs at the U.S. around 10:30 p.m.” Embassy; Declan McCavana, president of the BANTAMWEIGHT DEBATER: Baby Noémie was 35 min- After a security team escorted her on a frenzied French Debating Association; and Alessandra utes late for her first dash to meet the ambulance—and some mad- Galloni, Europe editor-in-chief of the Wall Street debate tournament. Her dening confusion about the hospital’s exact loca- Journal. —Andrew Cohen excuse: Wasn’t born yet. tion—she arrived at 11:05. Nine minutes later, her daughter, Noémie, was born. “She definitely knew how to make an entrance,” Carlson says. An hour before Noémie’s arrival, Carlson and her three UC Berkeley alumni teammates, including 2001 Boalt graduate Charles Newcombe, took the tournament’s silver medal. Carlson, working toward a Ph.D. from Boalt’s Jurisprudence and Social Policy Program, practices international arbitration at Cleary Gottlieb in Paris and is widely published in the area of public international law. “I debated for a year in college, but that was 20 years ago,” she says. “I didn’t respond to the

Trial Competition. on getting better, rather “These competitions Winning Ways “These successes than on winning.” Budner help students gain a belong to the students,” was also pleased to skill that is fundamental As Boalt continues to November, James Perry says lecturer-in-residence receive compliments to being a lawyer,” put more emphasis on ’11, Eric Neff ’12, Rachel Bill Fernholz ’93, who has from opponents about his Fernholz says. “The lon- professional skills devel- Johnson ’12, and Vassi guided Boalt’s competi- team’s “professionalism ger students go without opment, its mock trial Iliadis ’13 took the tion teams for a decade. and ethical conduct.” exercising that skill, the teams continue to put regional championship at “But what’s also exciting The growing number of harder it becomes to more hardware in the the American Bar is how the law school Boalt’s competing—and use. We’re proud to be school’s trophy case. Association Labor & community has come winning—teams in recent turning out students In October, team Employment Trial together to support years reflects its height- who aren’t afraid of members Suzanne Jaffe Advocacy Competition. these teams. It’s a real ened emphasis on the stepping into the court- ’12, Inna Buschell ’13, And in January, Mellori partnership among mock trial experience. room.” —Ben Peterson Keydon Levy ’11, and Lumpkin ’12, Keydon alumni, faculty, and cur- Joe Goldstein-Breyer Levy ’11, Allina Hightower rent students.” “We’re proud to be turning out ’11 defeated groups ’13, and Jerome Price Bruce Budner, who students who aren’t afraid of from 19 other schools ’11 went undefeated to coached the San Diego to win the San Diego win the western region team, saw improved per- stepping into the courtroom.” Defense Lawyers Trial championship of the formances in each trial, —Bill Fernholz ’93 Competition. In Thurgood Marshall Mock thanks to “an emphasis

SPRING 2011 | Transcript | 9

Transcript.Spring11.InBrief.3-10.V16.indd 7 5/23/11 7:51 AM HAIL-FELLOW-WELL-MET: Boalt’s IN BRIEF Civil Rights Fellowship is named after longtime UC Regent William K. Coblentz, who died last September.

Fellow, Lydgate—who ob- served court proceedings Fighting Rape in four border cities— on Two Fronts worked with Boalt’s Warren Institute to craft a policy Jonathan Baum ’11 report that was sent to law- lived a dual life while per- makers, advocacy organiza- forming HIV/AIDS field- tions, and the media. placement work in South “In three months,” Africa this semester. Lydgate says, “I turned Three days a week at from a law student into a the Treatment Action lobbyist, sitting across the Campaign (TAC) he table from high-level offi- drafted legislative pro- cials in Washington, D.C., posals to fund new rape informing them that crisis centers, increase Operation Streamline vio- penalties for sexual lates defendants’ civil rights offenses, and guarantee and diverts vital resources rape victims court from combating drug access. Two days a smuggling and human traf- week, in the slum of ficking. This wouldn’t have Khayelitsha, he helped been possible without the sexual assault victims Coblentz Fund.” prepare case testimony. Coblentz, who died in “TAC has a modern September 2010, regularly office in downtown Cape appeared in Best Lawyers Town,” Baum says. “But, in America during 55 years in Khayelitsha, a few at his law firm. He helped dozen clients crowd into a guide major San Francisco single room, the internet Fellowship building projects—such is down half the time, and as Yerba Buena Gardens, loud music constantly fil- AT&T Park, and Levi’s ters in from the street.” Extends Plaza—and represented Baum’s work high- Patricia Hearst and the lighted gender-based vio- Grateful Dead, among sev- lence as a catalyst of eral high-profile clients. South Africa’s HIV epi- Coblentz Legacy As a UC Regent from demic. “Prosecutors 1964 to 1980, Coblentz don’t take rape seriously prodded the university to enough,” he says, “and oon after the law firm partners at combat apartheid in South Africa and sup- aren’t prepared to handle Coblentz, Patch, Duffy & Bass contrib- ported the right of Communist philosopher complex cases that involve uted $500,000 for Boalt student and fac- Angela Davis to teach at UCLA. forensic evidence.” ulty research related to racial and ethnic Lydgate met Coblentz last year at UC Baum worked with justice, Joanna Lydgate ’10 received a William K. Berkeley’s Scholarship Luncheon, an annual them to improve how S Coblentz Civil Rights Fellowship. gathering of donors and scholarship recipients. they preserve evidence, Lydgate had written a law review article about “He was warm, kind, and shared wonderful sto- and lobbied judges to a federal immigration enforcement program ries about his career,” she says. “After my speech, lower South Africa’s rate along the U.S.-Mexico border called Operation he came over to thank me. Here’s a man whose of granting early bail Streamline, which replaced prosecutorial discre- generosity had enabled my research, and he’s to rape suspects. tion with a mandate to jail and prosecute anyone thanking me. From all I’d heard about him, it —Andrew Cohen who illegally crossed the border. As a Coblentz was fitting.”—Andrew Cohen

10 | Transcript | SPRING 2011

Transcript.Spring11.InBrief.3-10.V16.indd 8 5/23/11 7:51 AM AT THE LEADING EDGE OF RESEARCH FOREFRONT AND SERVICE

SPEAKING OF JUSTICE: Former Israeli Supreme Court Justice Dalia Dorner was keynote speaker at the April 6 launch event for the Berkeley Institute for Jewish Law and Israeli Seeding Law, Economy and Society. Scholarly Inquiry Institute expands resources for study of Jewish and Israeli law

oalt Hall has launched a new institute Rosalinde and Arthur Gilbert Foundation, the that will expand Jewish and Israeli institute is guided by 15 campus faculty mem- studies on the UC Berkeley campus. bers from a diversity of disciplines, including The Berkeley Institute for Jewish Law economics, business, political science, history, Band Israeli Law, Economy and Society reflects sociology, and Jewish studies. both a flourishing of Jewish legal studies in U.S. UC Berkeley Chancellor Robert J. Birgeneau law schools and a national surge in the academic says the institute “creates important opportuni- study of Israel. ties for new research, programming, colloquia, Funded by a $750,000 seed gift from The and course development,” and will make “a mea-

PHOtography by Fred Mertz SPRING 2011 | Transcript | 11

Transcript.Spring11.Forefront.11-19.V12.indd 1 5/23/11 7:48 AM FOREFRONT surable contribution to scholarly inquiry and interested in studying these topics in-depth. discourse across our campus.” Our programming will be truly interdisciplinary The institute will run two distinct programs— in scope and scholarship.” one on Jewish Law, the other on Israeli Law, Boalt Dean Christopher Edley, Jr. says the Economy and Society. Gilbert Foundation’s gift allows the law school The Jewish Law program will broaden the “to bolster substantially the existing Jewish resources available for Jewish legal study and Israeli programming on campus, especially through initiatives, research, coursework, and by adding a legal perspective. Indeed, Ken hosting major program-related campus events. Bamberger’s leadership puts us at the center of The Israeli Law, Economy and Society pro- what a great university is about: deep under- gram will work with other campus units and standing and thoughtful engagement of complex professors to foster faculty and student research, and important matters, in this case the relation- LAUNCH DAY: Institute Faculty Director Kenneth expand curriculum offerings, host speakers and ships between religions and other social and A. Bamberger (top left), UC symposia, and expand collaborations with uni- political structures.” He adds that the institute Berkeley Chancellor versities and academicians in Israel. also builds on Boalt’s “historic strengths in reli- Robert J. Birgeneau (top right), Gilbert Foundation gious law,” including its Robbins Religious Law CEO Martin H. Blank, Jr. Scope and scholarship Collection and the Berkeley Journal of Middle ’66 (bottom center), and “We’re working to support broader discourse on Eastern & Islamic Law. others celebrate the launch of the Berkeley campus around Jewish and Israel-related schol- Both the law school and its Center for the Institute for Jewish Law arship,” says institute faculty director Kenneth Study of Law & Society (CSLS) have consis- and Israeli Law, Economy A. Bamberger, a constitutional and administra- tently attracted Israeli scholars. and Society with former Israeli Supreme Court tive law scholar who teaches Jewish law and Daniella Beinisch, the institute’s executive Justice Dalia Dorner. ethics. “We want to better serve UC students director and a former CSLS fellow, says Boalt’s faculty “has long been an important resource for individuals doing academic work on Israel.” The institute’s faculty advisory board includes several other law faculty, including Professor Malcolm Feeley, who formerly led UC’s Israel Center in Jerusalem; Professor Laurent Mayali, director of Boalt’s Comparative Legal Studies Program and its Robbins Religious and Civil Law Collection; and former law school Dean Jesse Choper, a scholar of law and religion.

Fostering synergy Bamberger notes that the institute further com- plements existing strengths of the university: its prestigious Jewish studies faculty, who have trained generations of scholars now in top departments across the United States; and its national leadership in “area studies—the interdisciplinary study of specific countries or regions.” UC Berkeley’s celebrated merger last fall with the Magnes Collection of Jewish Art and Life, and the construction of the Magnes’ state-of- the-art center in downtown Berkeley, will further foster synergies between academic units across campus, Bamberger says. The institute’s activities began during spring semester. Its Israel program hosted visiting political science Professor Menachem Hofnung of Hebrew University to teach undergraduates, and it launched a monthly faculty colloquium on Israeli Law, Economy and Society. In February, the Jewish Law program hosted Yeshiva University Professor Suzanne Stone, who deliv-

ered the Robbins Collection Lecture; it also (2X) Fred Mertz

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Jim Block L Ideas Ideas Capital improving thesystem’s stability. that might threaten economic without growth the dialogue, highlighting proposed regulations and theEconomy (BCLBE) has been active in TheBerkeley visions. CenterLaw, for Business regulatory agencies responsible pro forvarious regulations and providing comment to the11 ing substantial resources to shaping proposed and public-interest advocacygroups, are devot asindustry as firms, and hedgewell funds, equity legal which during counsel private forbanks, implement thelaw’s provisions. regulatorsquiring to study to and adopt rules in 2008. Dodd-Frank takes effect in stages, re- that ledcrisis to the global economic meltdown m n,gvnorlcto ttehato the omy and,given our location at of theheart to thestate’s vital capital is and thenation’s econ- one ofBCLBE’sfocus. “Venture three areas of foundation ofinnovation and entrepreneurship, VCand a themajor is funds. California industry Dodd-Frank onventure provisions capital (VC) has been thepotential negative impact ofcertain concernOne particular ofBCLBE researchers The venture capitalquestion as Dodd-Franktakeseffect BCLBE shapingfinancial reform these accomplishments inthefuture.” inenablingpartners theinstitute to on build operating officer. to“We look forward attracting Foundation’sthe Gilbert director and chief and students,”ulty says Jr. H.Blank, Martin ’66, institute has already achieved fac insupporting dent scholarship working groups. ics. Bothprograms have launched graduate stu- inaugurated a new course in Jewish law and eth- A period ofintenseA period has ensued, rulemaking “We are extremely excited by thesuccess the address some root causes ofthecredit Consumer Protection written to Act, Dodd–Frank Wall Street and Reform ast July, President Obama signed the - - - funds had notcontributedfunds to thefinancial crisis, bemaking acareer.”many will be involved in theprofessional world, where VC to issues provides students the opportunity DirectorExecutive Ken Taymor. “Our work on industry, anatural itis focus,” says BCLBE of Wall Street. Director KenTaymor at SandHillRoadinMenloPark,California,venture capital’s version Reform Actthatcouldunfairlyimpactventure capitalfunds.Above:BCLBEExecutive VENTURE FORTH: speaker, 6.—Andrew took place April Cohen JusticeCourt Dalia Dorner asthekeynote and and Edley featuring Israeli former Supreme high-tech nation. conference,annual campuswide onIsrael asa offerings to undergraduates, and host itsfirst and constitutional law,tory Jewish law expand introduce additional courses inIsraeliwill his Dodd-Frank’s authors recognized that VC A formallaunch event,A co-hosted by Birgeneau In coming semesters, theinstitute’s faculty BCLBE hasbeenhighlightingprovisions oftheDodd-FrankWall Street SPRING 2011 - |

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13 5/31/11 11:01 AM FOREFRONT and excluded them from among the hedge lation and corporate governance, launched re- funds and private equity funds now required to search that culminated in a Comment Letter to register with the Securities and Exchange the SEC, submitted in February. The letter Commission (SEC). Nevertheless, provisions focused on how the regulations might be revised in the proposed implementing regulations or interpreted more flexibly when applied by failed to completely carve VC funds out of that the SEC, to achieve what BCLBE sees as the group. Also, even those VC funds defined as purpose of the Dodd-Frank legislation. exempt from full reg- The Comment Letter is only one product of “Regulators say their biggest istration would be BCLBE’s work on these issues. BCLBE recently difficulty is getting informed subject to significant organized a symposium on the topic, Financial reporting mandates. Regulatory Reform: Dodd-Frank and Beyond, opinions that do not come from As a result, funds may co-sponsored by the Berkeley Business Law interested advocacy groups.” incur substantial Journal. The journal will publish proceedings of administrative and the symposium in a special issue this summer, —Ken Taymor legal costs, offsetting and BCLBE’s website already offers related the benefit of the reg- materials, including video recordings. istration exemption. The SEC is due to publish its final regulations shortly. But history has shown that conversation Independent analysis will continue as the regulations are interpreted, “Regulators say their biggest difficulty is getting debated, and challenged. “It’s not as simple as informed opinions that do not come from inter- saying they read our letter and this or that ested advocacy groups,” Taymor says. In keeping changed in the regulation,” Taymor says. “Our with BCLBE’s mission to provide regulators goal is to continue to provide unbiased informa- with such independent analysis, Taymor and tion and analysis to help inform regulators as Eric Finseth, a BCLBE fellow in securities regu- they move through the process.” —Ann Appert All the World [Wide Web]’s a Stage BCLT leads search for internet privacy protection

ot long ago, an electronic invasion of privacy was best defined by annoy- ing telemarketing calls. N Today, consumers’ privacy is compro- mised every time they surf the web. Unlike someone roused from dinner for an unwanted call, however, the average web surfer has no idea that companies are quietly gathering threads of personal information left behind every Google search, Amazon purchase, or Facebook visit, and weav- ing behavior-based profiles on each and every one of us. Their goal: send us better targeted on- screen advertising and develop new products.

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Lou Dematteis (5x) these days. self-regulation to unlikely generate much traction the integrityofcountless trackers—a measure of enforcement mechanism, such tools would rely on computers’in all operating systems. perhapsExplorer—or tool asimilar embedded recently debuted onFirefox and Internet browser-based “Do Not Track” button—which How that might happen was another hottopic: a and other applications, by design.” “privacy called involvelikely designing features into web browsers will the solution protectionsdifficult, vacy very is guard. Because retrofittingpri with the internet that createsa policy and monitors such asafe- developmentslogical might beneeded to support Director Barr. Robert teachers warned usabout,” says BCLT Executive ‘permanent record’ that ourmothers and school- unregulated setting. “Themodern The result: aggregated, marketed, and repackaged inalargely even financial history. informationis ofthis All consumer’s name, address, phone number— unique to each computer) to an unsuspecting ter at anaddress linking IP (the number string recorded anonymously, trackers are getting bet Roundtable. (BCLT)nology Browser Mechanisms Privacy 9atFebruary a Berkeley Center for Law &Tech- students, and others gathered to discuss 100 techies, lawyers, regulators, entrepreneurs, neutral legislation. Exhibit A: The Do A: Not Call neutral legislation. Exhibit forlegislatorsnities eager to back popular, budget- laws are relatively low-cost, high-reward- opportu Working infavor reform: New ofpolicy privacy Low cost,highreward in 2003. beginning interruptions out ofthose dinnertime allowed consumers to opt Call Registry—which mechanism to similar theFTC’s National Do Not recommending thecreation ofa“Do Not Track” ized aframework forconsumer privacy, online Commission (FTC). Brill’s agency recently final head wastions Julie oftheU.S. Brill, Federal Trade hands itmightwhose fall. they have noidea into ing health information if says. Web may surfers come to fear even research- uses than ascertaining product preferences, Barr places where itcould beputto more nefarious leaching outofprivate commercial databases into One big concern once-private is information Creating safeguards Participants agreed and apolicy that without While most about evidence online browsing is While Members of onepanel explored what techno Delivering akeynote address solu onpossible - Sound innocent? That’swhat more than - - - -

action lawyers. —Bob Rucker theirfindings violators—and sell to class- identify neurs—may come to therescue, new ways with to created who folks theproblem—tech entrepre- the internet.” law would leave traces over of their misdeeds all says. “That meanstobreakwilling those few the to generateubiquity any data value,” with Barr tracking mass demands of acritical naturevery of needin line notbe100percent foolproof. “The relayed more goodto Efforts keep news: trackers protectionsprivacy ever implemented. was oneofthemost popular personal Registry In theend,oneparticipant speculated, thesame panelAnother that focused onenforcement SPRING 2011 l T a Roundtable. Privacy Mechanisms the center’s Browser gathered inFebruaryfor the onlineprivacydebate Barr, andotherleadersin Executive Director Robert Law &Technology Brill, BerkeleyCenterfor Commission headJulie SPEAKING: CONFIDENTIALLY o le w . b a | er r

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15 h tm 5/31/11 11:12 AM Transcript.Spring11.Forefront.11-19.V12.indd 6 Count Accountability Making 16

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SPRING 2011 K sectors interact more efficiently inimplementing and psychological to support—and help those investigations, prosecutions, medical services, vened athree-day inMay workshop to strengthen whereThat in has Kenya, begun HRC effort con- relatedual violence to unrest. conflict orpolitical against women more effectively—especially sex ing thecenter’s pushto help address violence Project,Accountability Seelinger spearhead is

Kenya’s sexual-violence law Removing barrierstoenforcing As directorAs Violence oftheHRC Sexual & Hall’s Human Center Rights (HRC). given her current objective at Boalt down from a challenge—a good thing, im Thuy Seelingerisn’t one to back - - lacks theresourceslacks to itproperly. analyze destroyed oragovernment theevidence chemist ernment chemist? Sometimes poor handling has aDNAspecimen does get actually when to agov- handle specimens, interview, or investigate. And reach police, officers are rarely trained to properly often don’tWhen reachresults do policetime. on and theresults that ofexams are administered ers aren’t trained to administer arape-kit exam, Many turn. at every cles health exist care provid oped countries.” ing how to work effectively inother, less-devel infrastructure, it’s agood baseline forusinlearn- lence. Because Kenya society has arobust civil inchargeauthorities ofresponding to vio sexual designed to together ourworkshop bring the all to obtain justice,”a victim Seelinger says. “We Kenya’s Offenses 2006Sexual Act. alone inmore remote provinces.” “even inNairobi’s main government let hospital, “That’s just not happening,” Seelinger laments, care forclinical tion—one and oneforpolice. andcomes examina inforpost-rape services forensictwo who samples from any survivor and recentthe Act, regulations mandate taking Forensic inprosecutions under vital is evidence but hasn’t been implemented at all,” shesays. has made foursubsequent trips. Law’s Center forGender Studies— and Refugee teaching fellow at UCHastings College ofthe Seelinger—a staff former attorney clinical and inlateelection violence 2007and early 2008. Kenya to gauge from thecountry’s fallout post- Crittenden and a graduate researchervisited In June Director 2010,HRC Executive Camille Post-election fallout HRC will next examine theresponse examine to next vio sexual HRC will aboutdialogue sexual-violence accountability, and approaches,” community Crittenden says. ness protection, access to psychosocial support, investigationjurisprudence, and prosecution, wit and presented at theMay workshop. their papers were reviewed by international experts aspects of violence,accountability for and sexual pared aseries ofin-depthbackground papers on and subsequent analysis. HRC students pre also - out HRC’s May site preliminary visits, workshop, Health—have provided valuable research through Public from Boalt and UCBerkeley’s School of Directed studywith groups—staffed students accountability Violence “Currently, it’s long and difficult route avery for For victims of sexual violence inKenya,For violence obsta ofsexual victims “Kenya’s Offenses Sexual ison thebooks Act After contributing to Kenya’s capacity-building given insight us terrific into Kenya’s“They’ve ------

5/23/11 7:49 AM

FRANCESCO BONGIORNI lence in Nepal, with another two to four countries tries and which may be unique to a given nation. to follow. After that, it will conduct a comparative “A lot of this comes down to political will,” analysis to see which accountability and protec- Seelinger says, “and building the right relation- tion strategies may be transferable to other coun- ships.” —Andrew Cohen Energy Storage Gets Cooler

Boalt helps smooth the way to California’s renewable power future

t’s noon on an August scorcher, and L.A.’s methods include chemical storage batteries; temperature is already nearing 100. Air fast-spinning flywheels; caverns filled with pres- conditioners labor; demand for electricity surized air, which can spin generators when it’s soars, outstripping the grid’s baseload gen- released; and pumped-hydro storage installa- erating I capacity. Now “peakers”—auxiliary tions, which pump water uphill by night, then power plants used solely to meet peak loads— funnel it through turbines by day. Although fire up to meet the demand. Most burn fossil the methods differ, the goal is the same: Flatten fuels, and they’re less efficient than baseload demand peaks by storing cleaner, cheaper off- plants, so they spew greenhouse gases and peak power, whether that off-peak power comes other pollutants into the air. from hydroelectric dams, clean coal, nuclear But a growing number of SoCal buildings are reactors, or—ideally, and increasingly—renew- keeping their cool in the heat—without running able sources, chiefly solar and wind. air-conditioner compressors at peak times. These energy-savvy buildings are equipped with Breaking barriers Ice Bear Energy Storage Systems. Yoked to com- If it all sounds slightly piecemeal and patch- mercial-sized air conditioners, Ice Bears use work, that’s because it is, for now. But Elkind cleaner, cheaper off-peak power to turn 450 gal- and CLEE are working to dismantle barriers to lons of water per unit into ice overnight; then, as energy storage, in order to move from patchwork the afternoon heats up, the ice helps the build- to “combine and conquer.” ings chill out. Ice Bears are the creation of Ice Elkind is a policy research fellow at both Boalt Energy, a Colorado-based firm headed by Boalt and the UCLA School of Law, with a focus on alum Frank Ramirez ’79. Ice Energy has con- the intersections of law, energy, and climate tracted with the Southern California Public change. Over the past two years at CLEE, with Power Authority to install more than 7,000 Ice funding from Bank of America, he has organized Bears on commercial buildings by 2013. seminars and published white papers on topics Making ice with off-peak power is just one that combine those disciplines. Among them:

ON method of storing energy and lowering peak creating walkable, climate-friendly neighbor- LL O C loads, says Ethan Elkind of Boalt’s Center for hoods; reducing greenhouse-gas emissions from

TERRY Law, Energy & the Environment (CLEE). Other farming; siting solar farms atop big buildings;

SPRING 2011 | Transcript | 17

Transcript.Spring11.Forefront.11-19.V12.indd 7 5/23/11 7:49 AM FOREFRONT and, most recently, encouraging the renewables- pace matters; it’s good for California’s environment, plus-storage combo. and it blazes a trail for the rest of the nation. California regulations call for 33 percent of the “California has led the nation with clean-air state’s power to come from renewables by 2020, and standards, residential and appliance energy effi- To learn more: that goal is a stretch. “We were supposed to be at 20 ciency, and renewable energy,” he points out. “We law.berkeley.edu/6332.htm percent last year,” Elkind frets, “and we were only at can now lead the way in energy storage, too.” about 15 percent. We’re not on pace.” Getting on —Jon Jefferson Dynamic Convergence Merged centers will focus on urgent social and legal issues

ill internal consolidation enhance scholars to study urgent social and legal issues.” external collaboration? That’s the question behind Boalt’s recent Multidisciplinary research decision to merge three of its From the moment he arrived in Berkeley in 2004, researchW centers that collaborate with law and Edley—who created the original Warren Institute policy experts across and beyond UC Berkeley to and was its director—has long emphasized mul- analyze society’s most vexing problems and build tidisciplinary law and social policy work. He says consensus for effective solutions. the law school’s research centers “have become an Earlier this year, the three centers—the Chief indispensable component of how Boalt connects Justice Earl Warren Institute on Race, Ethnicity with the rest of this great university.” and Diversity; Berkeley Center for Criminal Dr. Barry Krisberg, the Warren Institute’s Justice (BCCJ); and Berkeley Center on Health, research and policy director, is a lecturer in resi- Economic & Family Security (Berkeley CHEFS) dence at the law school and a former distin- —merged into an expanded Warren Institute on guished senior fellow at BCCJ. Before coming to Law and Social Policy. Boalt, he led the prestigious National Council on The reconfigured institute will focus on six core Crime and Delinquency for 30 years. areas: education reform, health care, family eco- “The main idea in consolidating the centers nomic security, immigration, voting rights, and was to broaden and deepen their intellectual URGE TO MERGE: Dr. Barry criminal and juvenile justice. and policy contributions,” Krisberg says. “Merging Krisberg heads the Warren “These three centers have been very productive allows our researchers to work together in new Institute on Law and Social and successful on their own,” Dean Christopher and creative ways, draw upon this expanded Policy—the result of combining three Boalt research Edley, Jr. says. “But the consolidation will improve expertise across all of our units, and capitalize on centers. our nimbleness in assigning research and inviting research opportunities that benefit one another.” Krisberg easily names issues he expects will benefit from the newly consolidated configura- tion, including education reform and voting rights. “Our education researchers can tap the knowledge of experts on juvenile justice and immigration, issues that are tightly woven into education,” he says. “Meanwhile, our voting rights work is better positioned to incorporate key criminal justice components, such as whether parolees should be allowed to vote.” In addition to Krisberg, the institute’s program leadership includes Managing Director Andrea Russi, who also directs the Criminal Justice Program; Director of the Healthcare Reform and the Family Economic Security Programs Ann O’Leary ’05; Director of Immigration Aarti Kohli; Director of Voting Rights Ana

Henderson; Acting Director of Education Tia JIM BLOCK

1 8 | TRANSCRIPT | SPRING 2011 Dynamic Convergence

JIM BLOCK F rates—with qualitative research such as on-site as quantitative suchresearch qualitative rates—with combined expulsion work research—examiningand suspension center’s The Research-based approach wind up in juvenile hall or jail.” and out, drop themselves, in faith lose behind, fall will they that risk increasesthe school from youth removing that shows research “The says. Frampton cursing,” and fighting, smoking, like pensionsandexpulsionsadolescent for behavior was it improving relationships said with other percent students. 91 and fighting, reducing andstudents helpingprogramwas the saidcent a In zero. ofteachers,survey students, andparents, to 83per dropped expulsions while year, previous the frompercent 87 by droppedthere Suspensions School. Middle Oakland’s Cole at cessfulone-year restorative justice programpilot respect, and tolerating compromise. empathy, showing acquiring of importance the and issue at behavior the both discuss tocircle, a in together,often comestudents andteachers practiced,restorativeis wherejusticeschools In harm done to victims, and improve relationships. tors to take responsibility for their actions, repair classroom. the in Restorative or justice programs street encourage the perpetra in it be trator, restorative justice, for both the victim and perpe and psychology shows that doesn’t work.” science social in everything behavior—though disruptivechange to way a as punishmenterate schools, for some reason, our culture seems to tol closettheinthey act whenout,” says.she “Yet in spect themselves and others, you don’t lock them Restorative justice program guides teens toward responsibility Liable to Change a Iffoundations. community and legislature the mer warden of San Quentin State Prison. Fellows JeanneWoodford,for and Echaveste ’80 Maria Senior Distinguished and Martinez; “Zero-tolerance policies typically lead to sus to lead typically “Zero-tolerancepolicies Recently, the Henderson Center oversaw a suc Socialscientists pointto thepositive effects of re- to people young teaching you’re “When The instituteis pushing to be a policy adviser to tice is far more rational than radical. Henderson Center E. SocialforJustice, restorative jus Thelton Boalt’s of tor or Mary Louise Frampton, faculty direc ------

school. given a of culture the intopractices and values, principles, general its weave canadministrators tice is adapted to each environment, teachers and jus restorative Because ativejustice systemwide. tion to implement restor District to adopt a resolu Unified OaklandSchool the prompt helped and coverage— media able report received consider dren are not lost causes.” strate that inner-city chil demon to fought Cole education. of view my changed has principles restorativeof power the lenceandpoverty,” Hollie says. “Seeing firsthand enced the trauma of almost daily exposure to vio viewing students and staff. daystwo weeka observingclassrooms and inter least spent at Atteeyah ’10 and Hollie effort, the coordinatedSumner Michaelmanager research observations, interviews, and focus groups. Center strategy.” best practices, and help shape long-term research on information organize briefs, policy develop to positioned “well are colleagues his believes foundation expresses interest in a topic, Krisberg their behavior.” mistakes,” change them their helps “That’sFramptonwhat says. acknowledge and recognize productive learning environment.” to deal with discipline,” he says, retribution. “as well as a more over dialogue “Restorative justice creates a new way of for schools advantage the neighborhood.ForSumner,results illustrate the diverse student body located in a poor, high-crime first restorative justice initiatives at a schoolwith a dismantle our current school-to-prison pipeline.” withinthat framework because “it can effectively poverty, and Frampton says restorative justice fits “I lived near Cole during law school and experi “Everyonebetteris served by helping students nation’s the of program marked Cole one The Muchofthe center’s work focuses onrace and final center’s The —Andrew Cohen —Andrew Cohen ------1 1 0 2 G N I R P S - - - middle school. ative justice at an Oakland a pilot program in restor Louise Frampton, oversaw Social Justice, led by Mary Henderson Center for Boalt’s Thelton E. POWER OF PRINCIPLES: |

T P I R C S N A R T

9 1 - A Campaign Priority: Financial Aid Investing in Boalt Lawyers with Financial Aid Today To measure the return on investment in Boalt Hall students, look no further than the latest headlines...

hat’s where alumni like Monique Today, working in trademark and copyright Liburd ’08—an intellectual property law, Liburd finds herself at the center of the associate at Morgan, Lewis & Bockius action—facilitating big-name brand acquisi- in Washington, D.C.—are using their tions in fashion and retail; negotiating interna- BoaltT advantage to make an impact. Thanks to a tional transactions in the food and beverage, strategically expanded approach to financial aid, financial services, and software industries; and supported by the Campaign for Boalt Hall, there maintaining an active pro bono practice with will be even more Boalt talent behind front-page nonprofit clients. “My very generous financial legal news for years to come. aid package made it possible for me to seize Liburd came to Boalt after an undergraduate every opportunity Boalt had to offer,” she says. education at Cal State Northridge that pitted In 2004, Dean Christopher Edley, Jr. set in learning against earning. “Because I worked full motion a strategy to address retreating state time, I missed out on many opportunities on support for the law school without shortchang- campus,” she recalls. But at Boalt, a generous ing students like Liburd. Tuition rose incre- need-based financial aid package—including mentally to fund investments, but stayed below the Gerald Marcus Scholarship sponsored by the market average for peer schools. At the law firm Hanson Bridgett—freed Liburd to same time, financial aid immerse herself in both legal education and options expanded Boalt culture. Involvement with student through an initiative organizations, the East Bay Community that enables all admit- Law Center, and board positions on the ted students, regard- California Law Review and the Berkeley less of income, to Journal of African American Law & Policy choose Boalt. added practical and leadership experi- Meanwhile, the law ence to Liburd’s résumé that made her school dramatically a good investment after graduation. beefed up its Loan

Transcript.Spring11.Campaign.20-21.V07.indd 1 5/23/11 7:38 AM Repayment Assistance Program (LRAP) to aid funded through private philanthropy. help graduates pursue public-service and pub- Campaign funds have added a robust combi- lic-interest careers unburdened by debt. nation of options to the financial aid menu. LRAP got a recent boost from Ellyn ’84 and Extra funds for summer fellowships guarantee Investing in Boalt Lawyers William Lindsay ’85. “Bill and I feel very grate- stipends for students who take unpaid intern- ful to Boalt for providing the steppingstone to ships in public or nonprofit settings. Twelve our careers, and we wanted to give something new Bridge Fellowships provide up to four back in a meaningful way,” Ellyn says. “It’s months of financial assistance to students pur- with Financial Aid Today especially important not only that worthy peo- suing public-interest careers who have not ple are able to attend Boalt regardless of their found jobs by graduation. Graduates facing ability to pay, but also that those who wish to extraordinary financial hardships are able to pursue careers that benefit the public be able apply for short-term emergency loans. New to do so without being overwhelmed by law graduates whose private-sector job offers have school debt.” deferred start dates have access to health insur- Since the recent economic downturn, finan- ance coverage. And, for the second time in three cial aid has become even more critical to years, LRAP has been expanded—critical to Boalt’s ability to maintain its mission of access. fulfilling Boalt’s mission as a public law school. Today, 87 percent of Boalt students receive For students following a path similar to some form of financial aid, with applications Liburd’s—advancing the legal profession while for need-based scholarships increasing 63 per- doing important work in the world—visionary cent in the past two years. The Campaign for financial aid provides a bridge to the future. Boalt Hall has engaged supporters in meeting Campaign gifts make that passage possible, and the challenge, with the dean making it his top help reinforce that whatever the circumstances, fundraising goal. Financial aid expenditures Boalt’s commitment to access and excellence have nearly doubled since 2005, much of that will remain secure. —Linda Peterson

Financial Tuition In Millions of Dollars $2,000 Aid Expenditures Trajectory $1,847 $50,000 In Millions of Dollars $2,000 In Millions of Dollars$1,847 $50,000 $40,000 $1,500 $10 In Millions of Dollars $40,000 $30,000 $1,500 $10 $8 $1,005 $1,000 $30,000 $20,000 $8 $6 $1,005 $9,106,556

$1,000 $8,574,101 $20,000 $497 $10,000 $6 $9,106,556

$500 $7,312,737 $8,574,101 $343 $363 $370 $4 $123 $310 $283 $6,366,334 $497 $6,332,912 $198 $10,000 $500 $7,312,737

$0 $5,786,682 * $343 $363 $370 $4 $123 $310 $283 $6,366,334 $2 $6,332,912 0 $198 * $0 $5,786,682 $2 NYU

YALE 0 $0 PENN

BOALT

1911-1912 1920-1921 1930-1931 1940-1941 1950-1951 1960-1961 1970-1971 1980-1981 1989-1990 2000-2001 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 FY05 FY06 FY07 FY08 FY09 FY10 VIRGINIA CHICAGO HARVARD NYU MICHIGAN YALE COLUMBIA STANFORD $0 PENN BOALT

1911-1912 1920-1921 1930-1931 1940-1941 1950-1951 1960-1961 1970-1971 1980-1981 1989-1990 2000-2001 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 FY05 FY06 FY07 FY08 FY09 FY10

VIRGINIA

FiguresCHICAGO include scholarships, grants, fellowships, and loan repay- HARVARD MICHIGAN COLUMBIA

STANFORD ment assistance. The majority of the aid is funded through student fees and private philanthropy. In 2004, Boalt solidified its commitment to Boalt’s 2004 decision to increase tuition ensuring access for all admitted students incrementally has enabled it to excel, but only and freedom of career choice for service- with significant costs to students. Now ap- minded graduates. Today, the school returns proaching its $5,000 below-market target, 24 percent of total tuition to students through Boalt will need to compensate with new rev- financial aid. enue streams upon reaching that plateau. STEPHEN VOSS STEPHEN

$2,000 $1,847 SPRING 2011 | Transcript | 21 $2,000 $1,847

$1,500

Transcript.Spring11.Campaign.20-21.V07.indd$1,500 2 5/23/11 7:38 AM

$1,005 $1,000 $1,005 $1,000

$497 $500 $363 $370 $343 $310 $497 $123 $283 $500 $198 $343 $363 $370 * $123 $283 $310 0 * Robbins Collection $198 * 0 * Robbins Collection NYU YALE PENN BOALT CHICAGO VIRGINIA NYU

HARVARD Data are the most recent available, from June 30, 2008, before the YALE MICHIGAN PENN STANFORD COLUMBIA

BOALT economic downturn. All current balances are lower. CHICAGO VIRGINIA

HARVARD Data are the most recent available, from June 30, 2008, before the MICHIGAN STANFORD COLUMBIA Total market value of Boalt Hall’s endowment was $228 million— economic downturn. All current balances are lower. of which 46 percent ($105 million) constituted the endowment for the Total market value of Boalt Hall’s endowment was $228 million— school’s Robbins Collection, one of the best research libraries in the of which 46 percent ($105 million) constituted the endowment for the world in the fields of religious and civil law. school’s Robbins Collection, one of the best research libraries in the world in the fields of religious and civil law.

$50,000 Year California Resident TuitionOut-of-State Tuition $50,000 Year California Resident TuitionOut-of-State Tuition MAN OF TASTE: During his time in South America, Irving Tragen developed a taste for an ancient drink of health and friendship called maté, usually served in a small gourd with a filtered straw.

Transcript.Spring11.FeatureTragen.22-27.V08.indd 1 5/31/11 11:30 AM 1950-53: Washington, D.C. 1962-64: Washington, D.C. 1968-73: Washington, D.C., & Rosslyn, VA FEATURE 1943-45: Berkeley 1977-94: Washington, D.C. 1946-47: San Francisco

1947-49: Mexico City

1953-57: San Salvador, El Salvador 1960-62: Caracas, Venezuela

1973-77: Panama

1957-60 Santiago, Chile & Lima, Peru 1965-68: La Paz, Bolivia

1945-46: Santiago, Chile

For half a century, diplomat and 2010 Citation Award winner Irving Tragen ’45 witnessed— and influenced—history throughout Latin America. By Jon Jefferson

photography by zach cordner Spring 2011 | Transcript | 23

Transcript.Spring11.FeatureTragen.22-27.V08.indd 2 5/23/11 7:45 AM ifty years before WikiLeaks sent embarrassed dip- Kennedy’s secretary of state (and Boalt alumnus), Dean Rusk ’40, arrived in lomats running for cover, U.S. State Department Uruguay to launch the initiative—was terrible. Tragen’s blunt comments Attaché Irving Tragen ’45 found himself on the sparked outrage in Venezuela, including demands that he be banished. Death international hot seat, and in a big way: Tragen threats followed. The threats were hard for Tragen to landed in the figurative crosshairs of Communist revolution- hear. Literally. An Unlikely Target ary Che Guevara, Fidel Castro’s right-hand man. Guevara had In his youth, the notion that Irv Tragen acquired classified comments Tragen had written about gov- would one day be at the center of an international incident might have ernment corruption in Venezuela … and broadcast them by seemed both far-fetched and poignant. He was born in San radio throughout Latin America. Francisco, to parents of modest means. At age four, he con- Tragen faced more than embarrassment after Guevara took tracted scarlet fever, which damaged his hearing. By adoles- aim at him. He and his wife, Eleanor, received threatening cence, he was almost totally deaf. phone calls, and Eleanor—“Ele”—narrowly escaped a kid- Hearing aids were cumbersome—“headphones, big bat- napping. teries, and a microphone that hung down in front of your The year was 1961, and Tragen—a specialist in economic chest,” he explains, “all tied together by a complex set of development and Latin American labor laws—had come to wires”—and only marginally effective. But Tragen learned to Caracas a year before as labor attaché. He’d prepared a classi- augment the device with lip-reading, and by the time he’d fied background paper to help the newly appointed U.S. ambas- graduated from high school was confident enough to head to sador to Venezuela understand the challenges ahead. The Berkeley, first as an undergraduate, then a law student. paper included “some pretty frank comments” about corrup- Tragen recalls law school as both “very difficult” and “very tion and graft in Venezuela’s government, Tragen says. stimulating.” At the time, during World War II, the program The ambassador tucked the background paper in his brief- was compressed into two years. “We had only 13 in our class, case and drove to a meeting at the University of Venezuela. if I remember correctly,” he says, “so you had to be ready to be During the meeting, leftist students broke into his car, stole called on every day, and you were called on every day. One day his briefcase, and set fire to the vehicle. The paper made its way during my first year—in Criminal Law, with the great Captain from Caracas to Cuba, where anti-American sentiment was Kidd [Alexander Marsden Kidd]—I gave a stupid answer, and running high. “On the night the Alliance for Progress was cre- he pulled his trademark green visor down over his eyes and ated,” Tragen recalls, referring to President Kennedy’s initia- said, ‘You are a menace to your clients!’ ” tive to promote cooperation and economic development Tragen must not have been too menacing, because in his throughout the Americas, “Che Guevara read that paper on final year, Dean Edwin Dickinson encouraged him to apply Cuban radio.” for a “traveling fellowship” to study comparative law in Chile. The leak itself was bad enough, but the timing—just as “He said, ‘Look, you can either go into the back room of a law

SCENE OF A CRIME: Tragen, second from right, examines an A MAN OF HIS TIME: Bolivian President René Barrientos Ortuño pre- illegal drug production site with ofﬁcials in Peru in 1990. sents Tragen with an Order of the Condor of the Andes award for exceptional civil or military merit shown by a foreigner, in the 1960s.

Transcript.Spring11.FeatureTragen.22-27.V08.indd 3 5/23/11 7:45 AM firm, or you can develop a specialty in your own way.’ ” The dean’s advice proved both prophetic and transforma- Moving Closer to tive. In Chile, Tragen set about mastering a new legal system and the challenges of speaking, reading—and lip-reading—a Cuba—One Step new language. “It’s much easier to lip-read in Spanish than in English,” he says modestly. “There are only five vowel sounds at a Time in Spanish, and in English there are 16 or 17.” Tragen had expected Chilean business executives and at- n January 14, 2011, President Barack Obama eased torneys would want to trade notes on international corporate restrictions on travel from the United States to Cuba. But law, but he’d guessed wrong. Plenty of Chilean attorneys were Odon’t pack for Havana just yet . . . unless you’re going as already well versed in the field. What they weren’t versed part of an academic, religious, or cultural group. The relaxed rules in—and were therefore keenly interested in—were labor apply only to “purposeful” visits by such groups, not to sightseeing laws. With Chile’s economy in transition, industrial relations by footloose tourists. and labor law were hot, and Tragen quickly warmed to the According to the White House, the change is meant to encour- specialty. What he learned in Chile, working with newly age contact between citizens of the two countries and foster “a minted industrialists and labor leaders in a rapidly developing Cuba that respects the basic rights of all its citizens.” But the half- economy, would open a succession of high-level doors century-long U.S. trade embargo still stands, at least for now. throughout Latin America over the next five decades. Irving Tragen ’45, who has spent 65 years observing, imple- After his year in Chile, he spent three years in Mexico City menting, and inﬂuencing U.S. foreign policy in Latin America, sees studying Mexican labor law and working on a U.S.-Mexico the recent changes as a sign that America is moving—“inching,” commission to eliminate foot-and-mouth disease, which he puts it—toward normal relations with Cuba. He predicts normal- threatened to decimate cattle herds on both sides of the ization within the decade and thinks it’s high time. “We have to border. That experience led to a three-year stint in Wash- develop a much more mature relationship with Cuba,” he says, ington, D.C., with the Latin American branch of the World “one that recognizes Cuba as a legitimate nation.” The bottom line, Health Organization. in Tragen’s view? “If you can recognize Red China, you can recog- But public health—though a worthy cause—was a detour nize Cuba.” —Jon Jefferson for Tragen. After five years, he returned to his abiding interests: labor law, labor relations, and economic development. A series of State Department postings took him back to Latin between two cultures.” America for the U.S. Agency for International Development Tragen’s honeymoon with Venezuela ended six months (USAID). Between 1953 and 1960, he served as a USAID later, when the pilfered briefing paper and Che Guevara’s labor officer in El Salvador, Chile, and Peru. broadcast triggered a backlash against the U.S. labor attaché. Then, in mid-1960, he earned a prestigious promotion and “We’d get phone calls at three in the morning. They never a fateful posting: labor attaché at the U.S. embassy in Venezuela. threatened me,” he says, his voice still edged with anger. “They threatened Ele.” A Near Miss The threats proved quite real. “One day, a woman and her The early 1960s were turbulent years in the Caribbean. Ven- daughter who lived in the apartment above us were kid- ezuelan president Rómulo Betancourt‘s fierce denunciations napped,” he says. “Their white Plymouth was parked directly of the Dominican Republic’s military dictator, Rafael Trujillo, beside ours. When the kidnappers found out who they’d led Trujillo to support various plots to assassinate the demo- taken, they released our neighbors on the outskirts of cratically elected Betancourt. On June 24, 1960, Trujillo’s Caracas. It was clear who they were really after.” agents set off an incendiary bomb in a parked car just as the Following that near miss, the Tragens were advised to lie president drove past, and Betancourt was seriously injured. low for a while. “We spent four or five months scuttling “We arrived in Venezuela and met the president shortly after around,” he recalls, “visiting every oil camp in the country, that,” Tragen says. “His hands had been badly burned in the staying outside the capital as much as we could. Things explosion, and Ele, who came from stern Scottish stock and settled down, but the fear was still there; it was always in the wasn’t disposed to cry easily, was terribly moved.” back of our minds.” Betancourt’s wounds healed, and Tragen settled into his Tragen’s reputation in Washington remained strong new post with enthusiasm. “I gave my first party in Venezuela throughout the turmoil. In April of 1962, Kennedy tapped in January 1961,” he reminisces, “on FDR’s birthday. We per- Tragen’s boss, the ambassador, to head the Alliance for Prog- suaded Eleanor Roosevelt to send a message to trade-union ress—and tapped Tragen to serve as its labor and social ad- leaders, which meant a lot to them. We put on a square dance, visor. With no small relief, the Tragens returned to the safety and I asked the presidents of several U.S. corporations to and stability of the State Department in Washington, D.C. dance with the wives of Venezuelan labor-union leaders. At But not for long. that point, a number of union leaders left, and I worried that I’d offended them. A few minutes later, they returned with From Serfs to Free People their own instruments and began to play. The dance lasted In 1965, Tragen was selected for what he calls “my single most

for hours; it was a wonderful experience in opening doors exciting assignment”: heading the USAID program in Bolivia.

Spring 2011 | Transcript | 25

Transcript.Spring11.FeatureTragen.22-27.V08.indd 4 5/23/11 7:45 AM At the time—more than a decade after a revolutionary popu- Tragen sent out a team of American and Bolivian develop- lar uprising—Bolivia remained in the midst of its most radical ment specialists with low-tech, manual shears. The team set change since conquistadors plundered its mountains of silver up a shearing station at an Altiplano market fair and waited. and gold. “When I arrived, the country was still transitioning And waited. Eventually, a local woman grew curious and from medieval society to modernity,” Tragen recalls. “Prior started asking questions. “They explained that they’d pay five to 1952, if you bought property in Bolivia, you bought an pesos for the highest grade wool, four pesos for good wool, acreage, buildings, animals—and families. The people were and so on,” Tragen recounts. “She thought about it, and then indentured, and could leave only with their landlord’s permis- she brought over her flock of 25 sheep.” After all 25 had been sion. It was like something out of the Ancien Régime.” After sheared, the team offered the woman her money, the equiva- the coup, the vast, tenured landholdings were dissolved, and lent of $75: a whole year’s income. “She panicked,” Tragen small farmers were allowed to claim the land their families says, “and ran and got her husband.” The man was furious, sure had worked for generations. his wife had fallen for a scam; the team explained the deal, In addition to transforming land ownership, the new gov- patiently and repeatedly. “Finally, the husband said, ‘So the ernment—with USAID’s help—began to build roads and money is mine?’ Yes. ‘And the sheep are mine?’ Yes. ‘And all bridges “across a topography that defies engineering.” More you want is this wool?’ Yes. Well, that did it. The team spent important than roads and other construction projects, Tragen the next three days shearing sheep.” And by the time Tragen says, were the steps to create a national education system, a left Bolivia, in 1968, the textile mills were no longer im- central banking system, building-and-loan institutions, and porting wool. local agricultural cooperatives. “You can build roads and “The transition from serfs to free people is a fascinating power projects, but the key to development is helping people process,” Tragen reflects. “I found that very, very exciting.” take care of themselves.” Case in point: “One of the first things I did when I got to Waging War on Drugs Bolivia was review their imports and exports,” he says. “I was Fast-forward to 1982, (it takes a lot of fast-forwarding to cover surprised to find that they imported almost all of the wool Tragen’s career), when he retired from the State Department for their textile mills. I thought, ‘With 6 million sheep in Bo- and took a temporary job at the Organization of American livia, why on earth are they importing wool?’” Two reasons, it States (OAS). “The position was supposed to last six months,” turned out: First, until the 1952 revolution, Bolivia’s native he chuckles. “I was there for 15 years.” people were prohibited from owning cattle and sheep—only That’s because he ended up taking on a complex new chal- alpacas, llamas, and other indigenous animals. So they had lenge: combating international drug trafficking. As drug use little experience marketing their wool. Second, electric soared in the United States and Europe during the 1970s, traf- shears—an industry standard by the 1960s—were useless in ficking skyrocketed throughout Latin America. One major the unelectrified Altiplano (western Bolivia’s high plain). supplier was Tragen’s beloved Bolivia, where mountains offer

“Among the fruits, vegetables, and meats were booths with beautiful kitchenware, pot- Making Partner tery, little paintings. I said, ‘You know, a lot of these indigenous handicrafts are going to dis- Chance Meetings and the Art of Love appear as Japanese plastic invades Latin America.’ We didn’t have much money, but e was a nearly deaf, totally shy law drove most of the trip south from Berkeley. we’d spend a little on things we liked.” During student; she a social butterfly. They “I’m a terrible driver,” Tragen admits. “I’m half a century of travels throughout Central H got together, Irving Tragen and scared that I won’t hear or see something. and South America, they bought thousands of Eleanor May Dodson, thanks to a friend Five miles an hour is a reasonable speed for dishes, utensils, figurines, paintings, rugs, who’d overbooked his evening. “He told me me. It didn’t take us long to figure out that she clothes, and jewelry. he’d made two dates by mistake,” Tragen should do the driving.” They took lodgings in a In 1999, as Ele’s health was failing (she recalls, “and asked if I’d take the date with pension that cost $7 a day. “My income was died in 2005), they donated most of her col- Ele. I thought, ‘My God, she’s not going to $150 a month,” Tragen recalls. “Do the math. lection to the Museo de las Americas, a small go out with me,’ but she did.” Ele had been That didn’t compute in our favor.” Latin American museum in Denver with a dating an Army Air Force pilot, but after a But Ele soon landed a job, and her income cross-cultural outreach that impressed them. night of dancing at the International House, helped make ends meet. It also funded her They also began giving away other assets she fell for the bookish law student. newfound passion: Latin American folk art. they’d accumulated during their long partner- Three years later, they married, just in “Our first day in Mexico City, we went to the ship. “We have no children,” Tragen explains. time for Irv’s assignment in Mexico City. Ele big open-air market, La Merced,” Tragen says. “We decided to give a third of what we had to

Transcript.Spring11.FeatureTragen.22-27.V08.indd 5 5/23/11 7:45 AM —Irving Tragen ’45 on the need for better drug treatment programs ideal growing conditions for coca plants. As rivers of cocaine America. He also worked harder than anyone I’ve ever known.” began to flow from Bolivia, rumors began circulating that drug Drug trafficking proved to be a hydra-headed monster. “It’s traffickers had infiltrated the country’s government. Bolivia’s a vertically integrated industrial operation,” Tragen explains. president, Hernán Siles Zuazo, asked OAS to find out if the “It starts with producing the raw material—coca leaf or opium rumors were true. The investigation, which Tragen headed, poppy or cannabis—and then moves to processing that into found “reasonable grounds for concern,” he says, “which is a drug, trafficking the drug across borders, marketing it about the most diplomatic way to say ‘yes.’ ” Zuazo then asked within the country where it’s being consumed, and laundering OAS to set up a program to deal with drug trafficking. OAS’s the proceeds.” Each stage in the process offers an opportunity secretary general asked Tragen to head it. to intervene, but poses complex challenges. It’s one thing to Between 1984 and 1986, Tragen crafted the framework for control the chemicals needed to extract cocaine from coca a new international organization, the Inter-American Drug leaves; it’s quite another to detect and stop money laundering Abuse Control Commission, composed of the ministers of in an economy that processes up to 20,000 wire transfers justice from OAS member nations. Anna Chisman, an OAS per hour. staffer enlisted by Tragen, marvels at the speed with which he One weak link in the war on drug trafficking, Tragen asserts, brought the commission’s members into agreement. “When is the lack of an effective effort to suppress U.S. demand by you can get the attorneys general of the United States and treating addiction. “It’s never been a priority with our govern- Nicaragua to agree—remember, this was not long after the ment,” he says, “but Lord knows, as long as there’s a demand, Sandinistas had overthrown the U.S.–backed government— there’s going to be a supply.” He favors pragmatic policies to- you’ve really achieved something,” she says. “Irv had worked ward drug use and treatment, rather than simplistic moral throughout the region and had amazing contacts in Latin disapproval and harsh penalties. “We have to get past ideology and make some compromises.” As Tragen gives a mini-briefing on the complexities of drug trafficking and the challenges of foreign policy, he sounds as if he might be anticipating his next assignment, packing for his next posting. It’s hard to believe the man is nearly 90. “Eighty-nine in May,” he says, sounding a bit surprised himself. “It’s been an interesting career; not exactly ‘Law- suits I Have Seen.’ ” He doesn’t skip a beat. “I’m still absolutely capti- vated by the process of development.” Ribbon cutting: Eleanor Tragen with Bolivian GOOD FOLK: Eleanor Tragen in the Tragens’ He pauses, but—typically—not President René Barrientos Ortuño inaugu- home in Panama, surrounded by pieces of for long. “I’ve had a good time, and I rating a rural school in Bolivia named in honor folk art from their Latin American collection. had a wonderful wife. Life’s been good.” of Irving Tragen, 1966. Freelancer Jon Jefferson is a writer and the museum, a third to health and medical donation endowed a faculty chair in compar- documentary producer. He has written causes, and a third to Boalt.” ative law: the specialty that ﬁrst launched eight books—six crime novels and two At the law school—which honored Irving Irving and Ele on their peregrinations six and nonfiction books—in collaboration with Tragen with its 2010 Citation Award—their a half decades ago. —Jon Jefferson renowned forensic anthropologist William Bass.

Spring 2011 | Transcript | 27

Transcript.Spring11.FeatureTragen.22-27.V08.indd 6 5/23/11 7:45 AM FEATURE Boalt Never Looked Better

28 | Transcript | spring 2011

Transcript.Spring11.Feature.Building.28-33.V05.indd 1 5/23/11 7:42 AM Boalt Never Looked Better By enhancing the old and embracing the new, Boalt finally has a physical complex worthy of its talented inhabitants—and their ambitious research and scholarship. By Andrew Cohen

Photography by ETHAN KAPLAN spring 2011 | Transcript | 29

Transcript.Spring11.Feature.Building.28-33.V05.indd 2 5/23/11 7:42 AM TOP OF THE WORLD: Boalt’s new

roof-deck garden, with benches 2X) (outdoor N A PL

made of sustainably harvested A

wood, facing the law library. N K THA E

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Transcript.Spring11.Feature.Building.28-33.V05.indd 3 5/23/11 7:42 AM “I’m not very touchy-feely, but designing the spaces, deploying technology, getting the aesthetics right—these shape a sense of community that helps folks thrive both socially and intellectually.” —Dean Christopher Edley, Jr.

IN WITH THE NEW: The stylish South Addition, constructed two stories below ground and one story above, provides the law school with 55,000 square feet of new space.

ver the past three years, the law The South Addition The South Addition, which opened in time to hold the gradu- school has grown its faculty ranks ation reception on May 13, is the centerpiece of Boalt’s master plan. Constructed one level above ground and two significantly and launched several below, the building adds 55,000 square feet of new space. The new research centers. Meanwhile, two lower levels house the law library’s renowned collection O in efficient, compact shelving, creating space for student re- its number of student journals and organiza- search in four, glass-enclosed reading rooms that are bathed in natural light. tions is at an all-time high. Now, with extensive The ground floor, which connects to the existing law building, includes a 72-person state-of-the-art classroom, a upgrades to existing facilities—and the recent café, and a large commons area that opens onto an outdoor opening of the stylish South Addition—the courtyard, both of which can be used for studying and socializing. Above is an elegant roof garden with bench and table school has never looked better. seating and a footbridge to both Steinhart Courtyard and the library’s main reading room. “This is a virtual renaissance for a 60-year- Meanwhile, a landscaped entryway gives the law school its first distinctive point of entry—plus two attractive plazas— old structure that felt nothing like a world- creating a green and vibrant transition from the school’s class law school, and could not support our physical complex to Bancroft Way. Opening the South Addition also clears the way for Boalt teaching today and our ambitions for tomor- to remodel former library space with an eye toward creating more room for legal clinics and student services staff. Alumni row,” Dean Christopher Edley, Jr. says. “The support will play a key role in determining the scope and pace of that reconfiguration. improvements will also transform student “Construction of the South Addition required a lot of flexi- life, with fabulous spaces for study, activities, bility from our faculty, staff, and students,” says Kathleen Vanden Heuvel, associate dean for capital projects. “While and just plain hanging out.” we made a concerted effort to mitigate the impact of con-

spring 2011 | Transcript | 31

Transcript.Spring11.Feature.Building.28-33.V05.indd 4 5/23/11 7:42 AM PEDESTRIAN PATH: A footbridge linking the new roof-deck and Steinhart Courtyard extends over the new Zeb Café.

struction on them, there were certainly times they had to deal with noise, detours, and other inconveniences. Throughout the process, they were all really fabulous.” Classrooms Because new teaching methods have emerged since the law school was built in 1951, revisions emphasize smaller seminar rooms. By adding modern seminar rooms, renovated lecture halls, and updating audio- and visual-support technology in several classrooms, Boalt has been able to expand course offerings and events. “We’ve upgraded every single classroom to some extent,” Vanden Heuvel says. “They’re not over-the-top luxurious, but are well thought out. We’re really proud of that, because it’s a vital component of improving our students’ experience.” Library Boalt’s library stacks were badly overcrowded at 170 percent of suggested capacity, and its location in the center of the building created pedestrian traffic jams. Architects solved that conundrum by relocating the library collection N (outdoor) N

to the South Addition’s two underground levels, housing it A PL in efficient, compact shelving, and adding two new reading A N K N

rooms which feature limestone walls and 100-year-old THA r). E r). e

study tables from the original Boalt Hall. t en t c t Student Center en The Student Center provides a flexible, contiguous space

for all kinds of activity. Boalt’s 12 student journals now call (stud riffith ROOM TO GROW: The Student Center, which opened in 2009, offers ver- G im im the Student Center home, and it has an inviting lounge, a satile space for research and scholarship, as well as informal socializing. T

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Transcript.Spring11.Feature.Building.28-33.V05.indd 5 5/23/11 7:42 AM ROOF WITH A VIEW: From the roof-deck garden, students, faculty, staff, and visitors can see the Golden Gate Bridge on a clear day.

CLASS ACT: Every Boalt classroom has either been built or upgraded over the past three years. South Addition Subplots n Ratcliff Architecture, Hargreaves Associates, and Hunt Construction NEW AND IMPROVED: A modern group study room inside the Student

N (outdoor) N Group were the key players in Boalt’s dramatic makeover. A

PL Center. A n Six skylights illuminate the new library’s corridor and staff area, N K N

THA and 36 glass walking planks filter light into enclosed offices. kitchen, four different kinds of seating, and three new group n Cork flooring, more quiet and durable than carpet, was installed in study rooms. “We tried to design a student space that em- classrooms and reading rooms. It contains natural inhibitors that assroom). E assroom). l phasized the professional nature of the law journals’ activi- resist bacteria, fungus, and mold. cts (c cts e ties, while still giving students a comfortable space in which n Workers installed 5,000 square feet of radiant heating and cooling rchit A to meet and relax,” says Vanden Heuvel. systems in the floors of the café and student lounge, creating a iff iff l huge energy and cost savings. atc R Heyman Terrace n Chosen for its elegant appearance and acoustic properties, the At an alumni weekend ceremony last October, Boalt Hall’s g room). room). g ceiling of the café and student lounge is a wood product that n ti

ee West Terrace was renamed the Heyman Terrace in honor of absorbs footsteps, voices, and other sounds. former Boalt Professor and UC Berkeley Chancellor I. Mi- n The heavily trafficked lobby, stairway, and café areas are floored in

riffith (m riffith chael Heyman. Now a prime gathering place for students and G a rugged granite that is slip resistant in wet weather. im im T faculty, it is a welcoming face to the campus. —Andrew Cohen

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Transcript.Spring11.Feature.Building.28-33.V05.indd 6 5/23/11 7:42 AM FEATURE Nine New Professors Add Heft to Faculty

mmediately upon taking the helm at Boalt Hall in 2004, the Summer LL.M. and International and Executive Legal Dean Christopher Edley, Jr. announced that recruiting Education programs, establish specialized certificates in Inter- and retaining world-class faculty would be one of his national Law, Business Law, and Clean Tech, and add a full- top priorities. With nine new professors coming aboard time professional skills director. Iin the just-completed school year, Boalt has added 44 new “Besides providing a richer educational experience for our faculty members under Edley’s tenure. students,” says Edley, “a larger faculty, diverse in so many Over the past seven years, this surge has enabled the law dimensions, produces far more ambitious teaching, research, school to enrich its course offerings, improve its faculty-to- and service agendas. It’s just a more interesting place.” student ratio, strengthen its clinics and multidisciplinary Here’s a look at Boalt’s newest faculty members. research centers, and expand options for custom-tailored —Andrew Cohen degrees. More recently, new faculty have also helped launch

Ty Alper: Assistant Clinical Professor of Roxanna Altholz ’99: Assistant Clini- Stavros Gadinis: Assistant Professor Law; Associate Director, Death Penalty cal Professor of Law; Associate Director, of Law; S.J.D., Harvard (2010); LL.M., Cam- Clinic; B.A., Brown (1995); J.D., NYU International Human Rights Law Clinic bridge, England (2000); J.D., Aristotle Univ., (1998); LL.M., Georgetown (2004) (IHRLC); J.D., UC Berkeley (1999); B.A., Greece (1997) Brown (1995) Before joining Boalt’s Gadinis examines securi- Death Penalty Clinic in Altholz has developed ties regulation and 2004, Alper was an attor- and directed IHRLC initia- international business ney at the Southern Cen- tives that addressed the transactions. Domesti- ter for Human Rights. impact of a U.S.-financed cally, he focuses on the There, he represented hydroelectric project on financial industry’s rela- death row inmates in post-conviction pro- indigenous communities tionship with government regulators. Inter- ceedings and hundreds of Alabama prison- in Mexico, documented Hurricane Katrina’s nationally, he analyzes how power imbal- ers in class-action litigation concerning effect on immigrant communities, and ances and diverse institutional structures unconstitutional conditions. exposed human rights violations against affect regulatory outcomes. The Federation of State Medical Boards immigrants in California’s Central Valley. While practicing corporate law for four awarded Alper its 2010 Casterline Award She has represented hundreds of victims years in Europe, Gadinis handled a wide for Excellence in Writing for his comprehen- in human rights litigation, obtaining ground- spectrum of equity and debt transactions sive analysis of state laws regulating the breaking judgments that held governments and worked on transactions that involved participation of doctors in executions. accountable for paramilitary activity, state- the laws of many European countries. sanctioned murder, torture and arbitrary “I’m endlessly inspired by our detention, and discriminatory policies. “Emerging nations created new students’ commitment to opportunities and challenges providing the highest quality “IHRLC students give freely of for businesses globally. representation to those whom their hearts and minds to further International Business our society has condemned to the global struggle for human Transactions helps students die. Teaching and working rights. They are intellectually understand how lawyers can alongside them on real, high- rigorous and passionate help address the unique stakes cases couldn’t be more advocates unafraid of long problems U.S. businesses face rewarding.” hours and uphill battles.” when dealing with foreign counterparties.”

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Transcript.Spring11.FeatureFaculty.34-35.V10.indd 1 5/23/11 7:44 AM Prasad Krishnamurthy: Assistant Katerina Linos: Assistant Professor of Saira MOHAMED: Assistant Professor of Professor of Law; Ph.D., UC Berkeley Law; Ph.D., Harvard (2007); J.D., Harvard Law; Master of International Affairs, Colum- (2011); J.D., Yale (2004); B.A./M.A., Univer- (2006); Diploma, European University Insti- bia (2005); J.D., Columbia (2005); B.A., sity of Chicago (1999) tute (2002); B.A., Harvard (2000) Yale (2000) Krishnamurthy’s research Linos focuses her Mohamed examines interests include financial research and teaching on international law, human regulation, antitrust and international law, compar- rights, and international competition policy, law ative law, employment criminal law. Her research and development, and law, and health care law. looks at international distributive justice. He She has also explored the law’s function in situations uses empirical methods to analyze legal many obstacles encountered by the Euro- of violent conflict or atrocity. rules and institutions, exploring the implica- pean Union (EU) in trying to harmonize the A former attorney-adviser for human tions of such research techniques on law laws of its member states. rights and refugees in the U.S. State Depart- and policy. Linos’ current research project examines ment’s Office of the Legal Adviser, Krishnamurthy, editor-in-chief of the Indian why soft international law and transnational Mohamed received the department’s Supe- Journal of Law and Economics, taught high norms often trigger major national legal rior Honor Award for her role in drafting a school math in Compton, California, before reforms, despite the strong constraints that U.N. resolution condemning rape as an attending law school. domestic constituencies impose on leaders instrument to achieve political objectives. of democratic states. “I came to Boalt because of UC’s “My State Department great strength across many “The EU is America’s most experiences prompt me to areas of study, the openness of important economic and consider how policy goals may the faculty and students to political partner. European be reconciled with and ideas, and the law school’s regulation directly shapes what informed by practical realities. I tradition of producing public- U.S. firms can and can’t do urge students to think about minded citizens and lawyers. across diverse fields, and how real-world dynamics at the The weather and food aren’t learning about the successes international and domestic bad, either.” and failures of European laws levels influence the law.” can help guide reforms.”

Victoria Plaut: Assistant Professor of Bertrall Ross: Assistant Professor of Fred Smith, Jr.: Assistant Professor of Law and Social Science; Ph.D., Stanford Law; J.D., Yale (2006); Masters in Public Law; J.D., Stanford (2007); B.A., Harvard (2003); M.Sc., London School of Econom- Affairs, Princeton (2003); M.Sc., London (2004) ics and Political Science (1997); B.A., School of Economics (2001); B.A., Colo- Harvard (1996) rado (1998) A judiciary and constitutional law scholar, Smith A social and cultural psy- Ross researches how is researching various chologist, Plaut focuses courts should address aspects of sovereignty her research on diversity, the problem of interpret- within the U.S. political culture, and inclusion, ing statutes in contexts system. and the challenges and not foreseen by the enact- Previously, Smith held two judicial clerk- opportunities of working, ing legislature. In election ships and was a fellow at Bondurant, Mixson living, and learning in diverse environments. law, he is exploring the constitutional impli- & Elmore in Atlanta. One of his two pub- At Boalt, her teaching and scholarship cations of how the poor are marginalized in lished articles in the Stanford Law Review incorporate empirical psychological American politics. explores whether male judges and female research related to issues of diversity and Ross’ methodological approach inte- judges rule differently on gay rights ques- culture into the design of legal institutions grates political theory and empirical social tions. The article has been cited in a leading and organizations. Plaut has consulted on science into discussions of legal doctrine, Gender and the Law course textbook. diversity issues for school districts, universi- the institutional role of courts, and demo- ties, corporations, and health care groups. cratic design. “If the states are all sovereign, what does that mean for how “We’re seeing an increasingly “Boalt has long stood out as a they interact? If the federal complicated set of diversity special place because of its government is sovereign, how issues. They’re fueled by dynamic leadership and an does that impact its power in changing demographics, group extraordinary and supportive relation to the states? This is inequality, polarized views faculty. But it was the students why I focus on sovereignty. It’s on race-related events and who sealed the deal for me. both everywhere and nowhere, policies, and a sentiment They made me feel welcome an irresistible paradox.” shared by many that America and loved from the beginning.” has transcended issues of race.”

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Transcript.Spring11.FeatureFaculty.34-35.V10.indd 2 5/23/11 7:44 AM FEATURE A World of Good

Reflections on the state of international law by Boalt Hall Professor David Caron ’83 and other faculty experts. Interview by Andrew Cohen

hen it comes to international law, Boalt “Granted, there’s a current within American politics Hall Professor David Caron ’83 is a that views international law with suspicion, even when a renowned expert with a long track record particular question may be in America’s interests,” he says. of influence and achievement. In the “Something isn’t necessarily desirable simply because it’s words of his research assistant Emily Holland ’12, “the guy international, but neither is W it necessarily misguided. is an international law samurai.” International law often Currently serving a two-year term as president of the reflects our nation’s most deeply held values.” American Society of International Law (ASIL), Caron is ASIL’s 4,000-plus members hail from nearly 100 countries well versed—and fully immersed—in the field’s myriad chal- and include attorneys, academics, corporate counsel, judges, lenges. Although the United States has a complicated rela- government and NGO representatives, civil servants, and tionship with international law and organizations, Caron students. Its programs focus on research, education and train- believes it has often been a strong champion of both. ing, career development, and public education on interna-

36 | Transcript | spring 2011 Photography by stephen VOSS

Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 1 5/24/11 9:54 AM FLAG BEARER: As leader of the nation’s largest international law society, David Caron ’83 often works around the clock—and around the world.

Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 2 5/24/11 9:54 AM tional law’s connection to global developments and life in the the American Journal of International Law’s board of editors. United States. He also served the U.N. Compensation Commission for With Professor Harry Scheiber, Caron co-directs Boalt’s claims arising out of the Gulf War, and was counsel for Law of the Sea Institute—an international consortium of Ethiopia before the Eritrea-Ethiopia Claims Commission. scholars that has shaped the study of ocean law since the Recently, Caron spoke with senior communications writer 1970s—and is faculty co-director of the Miller Institute for and Transcript managing editor Andrew Cohen about inter- Global Challenges and the Law. The former Fulbright national law’s trends and tribulations: Scholar and U.S. Coast Guard navigator and salvage diver teaches public international law, ocean law and policy, resolu- Andrew Cohen: What’s different or unique in international tion of private international disputes, and an advanced inter- law today? national law writing workshop. David Caron: That question requires transcending the per- Mark Drumbl, director of Washington and Lee’s Trans- spective of one’s nation. Because our nation is exceptional in national Law Institute, calls Caron’s published works “many many ways, it can be difficult to see international law as other in number, stunning in quality, and greatly influential.” Caron nations do. For most countries, it’s not a serious option to has chaired the Association of American Law Schools’ stand outside of international law; their future depends on International Law Section and the Institute for Transnational the cooperation that system offers. As far as what’s different Arbitration in Dallas, directed studies and research at The and unique today, the answer is “almost everything.” There Hague Academy of International Law, and spent 15 years on are four main dimensions to global affairs: a system of sover-

BOALT FACULTY EXPERT: DICK BUXBAUM ’53 God Is in the Principles; Devil’s in the Enforcement

oday, starting on the coast of the Based on the World Bank’s environmen- environmental concerns, that contractors falsi- Caspian Sea in Azerbaijan, a million tal standards and the social policies of the fied reports about interactions with villagers Tbarrels of crude oil—42 million gal- International Finance Corporation (IFC), the along the construction route, that they know- lons—will begin a remarkable journey. Equator Principles are voluntary—sort of. ingly used pipe that was vulnerable to corro- Funneled into the 42-inch-diameter Baku- “The Equator Principles have teeth, sion and leaks, and that the big banks ignored Tbilisi-Ceyhan Oil Pipeline (BTC), the oil will because the lending organizations aren’t sup- these and other violations. ooze westward at 4.4 miles per hour. Ten posed to fund projects that aren’t in compli- The ideal—a set of international standards days and 1,099 miles from now—after ance,” says Buxbaum, a Boalt faculty member for protecting people and ecosystems crossing thousands of roads and rail lines, since 1961. “Bankers can be the world’s pri- around the world—is lofty, and the realities 1,500 rivers and streams, mountain ranges vate-sector policemen, since they provide the often fall short. “It’s a soup that’s cooked hot- as high as 9,300 feet, and at least one geo- funding for these big, transnational projects. ter than it’s eaten,” Buxbaum concedes. “You logical fault line—that oil will reach Ceyhan, So the Equator Principles can hit developers can set up a nice norm, but it’s tough to do Turkey, and fill the holds of a tanker ship. where it hurts most: in the pocketbook.” anything if you don’t have the sanctions or the The BTC—built by an international consor- Banks subscribing to the Equator Principles framework. Sometimes, even if you do.” tium—is a prime example of both the prom- include Citigroup, Barclays, the Dutch bank —Jon Jefferson ise and the problem of the Equator Princi- ABN Amro, and the Royal Bank of Scotland. ples, says Dick Buxbaum ’53, Boalt’s These banks, along with the IFC, funded much Dick Buxbaum retired after the 2010-11 Jackson H. Ralston Professor of International of the BTC’s $3.9 billion cost. Does that mean school year—his 50th on the Boalt Hall faculty. Law. The Equator Principles, named for their the BTC gets high environmental and social- Fellow alumni and scholars are invited to help global span, are environmental and societal protection marks? Not exactly. The pipeline establish the Richard Buxbaum International protection standards created and monitored was dogged by controversy and problems Student Fellowship, which will support recipi- by banks that finance huge development throughout its construction and beyond. There ents from all over the world in their studies and

projects, such as oil and gas pipelines. were allegations that the project glossed over research at Boalt. block Jim

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 3 5/24/11 9:54 AM eign states with inherent security questions; an increasingly come without some painful consequences. aware populace that demands dignity; an increasingly com- promised ecological environment; and an interconnected What aspects of international law will never change? global market that demonstrates periodic fragility. Each pre- I never say “never,” but two areas strike me as relatively con- sents unique challenges. Fortunately, we also have greater stant. First, despite rumors of its withering, the sovereign knowledge than ever before. nation state remains the foundational political unit of global affairs. As the world globalizes and international law adjusts, In what ways has that knowledge been manifested? it’s often said that the state’s sovereign power is fragmented The United Nations and regional organizations have trans- and challenged by forces beyond its control. But states formed the way nations and peoples view the use of force. remain strong, and international law ultimately relies on The explosive growth in all dimensions of human rights— them as the fundamental instrument of governance. The sec- law, discourse, and institutions—is astounding. Our knowl- ond constant is migration. If states seek to preserve any part edge of the limits of our shared environment increases all the of their traditional prerogative, it’s the power to bar entry, time, although we’ve clearly struggled to reorder our affairs in control the right of citizenship, and deport individuals. the face of such limits. Mitigating climate change, for example, boils down mostly to changes in how each of us orders Is the notion of “eastern” and “western” international perspec- our lives. And while the growth in economic integration has tives still relevant today, or have those delineations vanished? been tremendous in encouraging development, it hasn’t While the Cold War supported the notion and reality of “east”

BOALT FACULTY EXPERT: DICK BUXBAUM ’53 God Is in the Principles; “The Equator Devil’s in the Enforcement Principles can hit developers where it hurts most: in the pocketbook.” —Dick Buxbaum ’53

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 4 5/24/11 9:54 AM Union Law. Diplomats and NGOs do still matter; in fact, in volatile times like these, a strong and consistent message from those traditional channels might be more important than ever. But timing is crucial. “Cairo was a huge surprise to the NGOs and the U.S. government,” Linos says. “It’s disappointing that there was no clear positioning of the international community or the United Nations on what the transition should look like.” Libya, by contrast, showed “a more prepared international community,” Linos notes. “Severe sanctions on Libya were adopted quickly and with very broad support. This unity is critical, so that the sanctions are not perceived as an anti-Arab project.” BOALT FACULTY EXPERT: KATERINA LINOS And with unrest simmering in other Middle Eastern nations, including Iran and Saudi Arabia, the region’s longstanding volatility could swiftly turn explosive. Surfing the Wave “We have no idea what will happen,” Linos says. Her hope is that the uprisings will follow the lead of reforms that once swept across Europe: not the 1848 Spring of of Revolution Nations (which mostly withered), but the 1980s, the Berlin Wall’s dismantling, and the he anti-government protests Hungary, Switzerland, the Habsburg Empire, democratic reforms that transformed the gained momentum far faster than and the German states, among others. former Soviet Bloc. T anyone could have imagined. It’s tempting, in the wake of the dramatic East and Central European countries have Within days, the nation’s autocratic leader events in Cairo’s Tahrir Square, to assume made “radical and successful economic and was losing his grip on power and was soon that Facebook and Twitter will be the engines political transitions in the last two decades,” forced to step down; during the weeks that of change henceforth; tempting to wonder if she adds, “largely because of the promises followed, protests and calls for reform non-governmental organizations (NGOs) or EU membership carried. EU membership spread to neighboring countries through- even traditional channels of international represented political stability and economic out the region. diplomacy have been rendered obsolete in growth through labor mobility, capital mobil- Egypt and the Middle East a few months the fight for democratic reforms. ity, and trade. While the EU and the interna- ago, right? Don’t yield to temptation, urges Boalt Hall tional community can’t offer benefits of this Wrong. France and Western Europe in Assistant Professor Katerina Linos, whose size to North Africa and the Middle East, they early 1848—the Spring of Nations—when research and teaching interests include inter- can aim to sustain long-term commitments revolutions swept Italy, France, Denmark, national law, comparative law, and European there.”—Jon Jefferson

and “west” communities, the fall of the Soviet Union triggered monitor global affairs? renewed complexity in international relations. In that the Although criticisms are voiced, the United States has been Soviet Union was a consequence of World War I, one can view absolutely central to maintaining peace and security through the past 90-plus years as a long extension of the upheaval of that its presence around the world, and to assisting with humani- war. The post-Cold War world is one with more major players tarian crises, such as those in Haiti last year and in Japan this and more complex local issues. It has allowed the re-emergence spring. We’ll continue in this role, but the limits of our of local differences that the Cold War kept below the surface. resources to maintain global peace are more and more evi- dent. What’s troubling is that it’s not clear that new major With the United States stretched thin internationally and eco- players, particularly China, are willing to join in the costly

nomically, are you concerned about its continued ability to efforts to maintain international peace and security. A recent block Jim

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 5 5/24/11 9:54 AM BOALT FACULTY EXPERT: HARRY SCHEIBER Deepwater, Deep Trouble: One Year Later

year after BP’s Deepwater Horizon what’s the responsibility of the company for massive disaster and can’t meet its obliga- drilling rig exploded, spewing 200 mil- remediation—and as we’ve seen, it can cost tions, can the company’s home country be A lion gallons of oil into the Gulf of billions of dollars—and what’s the responsi- held liable? Perhaps not. The tribunal’s opin- Mexico, Boalt Hall Professor Harry Scheiber bility of the nation that chartered that ion states, “the sponsoring state is absolved sees progress … and reason for continuing company?” from liability if it has taken ‘all necessary and concern. Scheiber, an ocean-law scholar who In February 2011, the International appropriate measures to secure effective directs Boalt’s Institute for Legal Research and Tribunal for the Law of the Sea weighed in on compliance’ by the sponsored contractor co-directs the Law of the Sea Institute, views those very questions. “It’s an especially with its obligations.” That finding is a big the event and its aftermath through multiple important opinion,” Scheiber says. “It finds loophole, at least to some stakeholders in legal lenses. “There are two separate issues that companies have very big responsibilities the issue. here,” he explains: “offshore drilling in and liabilities. It also says that companies “The environmental organizations are very American-controlled waters, and drilling out on must take reasonable precautions, and can’t keen to ensure that high standards for deter- the open sea in international waters.” go forward with a project until they’ve done mining liability are set,” Scheiber notes. “I Peering through his U.S. lens, Scheiber so. All the scholars I’ve talked with say that think they were disappointed that the stan- sees important changes. “The Obama admin- this precautionary barrier is very important.” dards for nations are so much weaker than istration has already moved to reorganize the If an oil company goes bankrupt after a for the companies.” —Jon Jefferson federal agencies that license and regulate offshore drilling,” he says, “so one hopes for greater safety measures if this move elimi- nates the corruption and administrative dys- functionality that prevailed in the Bush years.” But he worries that inspection and over- sight remain inadequate. In the Gulf of Mexico, just 55 inspectors oversee 90 drilling rigs and 3,500 oil-production platforms. “We need inspectors on these rigs, and we need a lot of them,” Scheiber says. “Ironically, on fishing boats that are an infinitesimal frac- tion of the size and complexity of the Deepwater Horizon, we put inspectors to make sure that endangered species aren’t being harmed. We really need to ramp up the level of on-site supervision, inspection, and accountability on these rigs.” Through his international lens, Scheiber ponders the grim possibility of a mega-spill in the future. “When oil washes ashore from international waters,” he says, “the question is, “We need Chicago Council on Global Affairs poll of American attitudes toward U.S. foreign policy shows that Americans, by a inspectors on wide margin, wish to see continued U.S. engagement internationally, but also want others to play a larger role. rigs, and we need What recent global changes necessitate a stronger international legal framework and enforcement capability? a lot of them.” Terrorism; transnational crime, including human trafficking and the drug trade; a variety of shared environmental and — Harry Scheiber Jim block Jim resource threats; and financial stability. Almost all current

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 6 5/24/11 9:55 AM efforts rely on states to enforce the frameworks we have already, What solutions exist to better support international law? but many states don’t have the internal governance capacity or The main one is what all U.S. administrations have been the established rule of law to self-govern well, let alone to attempting for several decades: to build worldwide greater implement governing structures of international interest. state governance and rule of law capacity while marginalizing and seeking political change in complicit states. This is a long- What are international law’s biggest successes and failures? term and difficult task because the challenges do not wait. The successes and failures of international law should be There can be global coordination and organization, but ulti- ascribed to our communities, not to the law itself. The most mately governance will be local, and the success of interna- important successful development in international law over tional efforts will rely on the effectiveness of that governance. the past century has been the emerging sense that nations must govern responsibly. As for failures, the world con- How well are our international institutions adapting to meet stantly provides examples. Millions of people are still subject current and future challenges? to disease and starvation. International law can help mitigate International organizations (IOs) have made tremendous the suffering that accompanies disaster, but disaster assis- contributions over the past century and continue to do so. tance is only temporary, and economic development takes The United Nations, day in and day out, makes a difference in much longer and has been particularly slow to take hold in the lives of people around the world. But IOs as a whole don’t parts of Africa. adapt well. In part, it’s because granting hard-law power to an

BOALT FACULTY EXPERT: ANDREW GUZMAN Soft Law and Hard Knocks on the Global Playground

ations and corporations are like kids developing nations. In affluent countries, new win, as African cotton farmers learned the on a playground, to hear Andrew antiretroviral drugs cut the death rate by 84 hard way. U.S. subsidies allow American farm- N Guzman tell it: The big and strong percent. But in poor countries, the cost of pat- ers to sell cotton for far less than it costs to generally get their way, says Guzman, ented brand-name drugs—over $10,000 per produce. The subsidies have funded a huge Boalt’s associate dean for international and year—put treatment out of reach for many mil- increase in U.S. production, glutting the world executive education, while the small and lions of people, Guzman says. market—and driving down prices by 40 per- weak take it on the chin. To triumph, the Then international NGOs and HIV/AIDS cent. The cotton subsidies, which benefit underdog needs a strong case, a powerful activists began pressuring drug companies 25,000 U.S. farmers, hurt millions of African constituency, or bargaining chips. Consider and governments to make low-cost generics farmers. “It’s life or death for a lot of them,” apartheid, HIV/AIDS, and cotton. available. The World Trade Organization Guzman says, yet the pleas from Africa fall on Guzman calls the dismantling of apart- (WTO) agreed to gradually phase in drug pat- deaf U.S. ears. “All that African cotton farmers heid in the early 1990s “one of the great ent protections, in view of the crisis and coun- ask for is open, fair access to U.S. markets. international law stories”—a vox pop vic- tries’ financial constraints. And the Clinton But their countries have nothing to offer the tory where global public opinion created administration pledged not to interfere with U.S. in return, so nothing has happened.” both political and economic pressure on African countries that violated U.S. patent law Well, almost nothing. Ironically, Brazil, South Africa to abolish state-sanctioned to obtain cheap antiretrovirals. By 2001, an another big kid on the global playground, cried racism. “The issue had political salience in Indian manufacturer was selling generic anti- foul, too. Yet while the WTO has ruled repeat- the U.S.,” Guzman recalls, “and the busi- retrovirals for $350 per patient per year, and edly that cotton subsidies constitute market- ness community went along with economic Big Pharma swiftly followed suit. The upshot? place bullying, Brazil is one of the only sanctions against South Africa, even though The number of patients in sub-Saharan Africa beneficiaries. Now, besides subsidies to its sanctions weren’t in the community’s finan- receiving antiretroviral drugs grew from own farmers, the U.S. pays almost $150 mil- cial interest.” 8,000 to some 3 million. “Political pressure lion a year in tariff penalties … to Brazilian agri- Intellectual property rights and corporate brought about compromise,” Guzman says. business. As Guzman observes, “There are financial interests clashed with public health But a compelling cause and soft law—or some real justice problems in the system.”

needs in the 1990s as HIV/AIDS ravaged even binding trade agreements—don’t always —Jon Jefferson block Jim

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 7 5/24/11 9:55 AM IO results in a brittle organization. If you’re negotiating a How do you see Boalt’s role in that training? charter that creates a body like the U.N. Security Council, Boalt has been and will be at the lead. Virtually all of our faculty with real hard-law power, your fundamental objective is to members have an international or foreign aspect to their work. lock in the deal as to how that power may be used. And in We have numerous lecturers who bring tremendous expertise order to lock in the deal, the negotiator makes it hard for the and diversity to the classroom, and Boalt recently added three IO to change. new international law experts. I have no doubt that we’ll develop the courses, and elements of existing courses, that pre- What skills and knowledge bases will be most valuable to pare our students for the many interconnected jurisdictions international law practitioners in coming years? already here and those just around the corner. But that curricu- More and more lawyers are finding some aspect of their lum requires another interview. practice to be international. Family law, estates and trusts, and criminal law can all have international and foreign aspects. A What was the highlight of your past year in Washington, D.C.? practitioner, at minimum, needs a grasp of the global lay of the Reconnecting with so many Boalt graduates at all levels of land. This means a mature sense of the range of legal systems international practice. From the class of 2010, in international in the world and of the shape of the treaty regimes that link arbitration alone, there’s the talented group of Kate Apostolova them. This is a challenge for lawyers, and even more fundamen- at Cleary Gottlieb, Rebeccaa Callaway at Freshfields, Sonia tally a challenge to legal education. Farber at Debevoise & Plimpton, Tim Hughes at Crowell &

“All that African cotton farmers ask for is open, fair access to U.S. markets.” — Andrew Guzman

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 8 5/24/11 9:55 AM Moring, and Ben Jones at O’Melveny & Myers. And in almost in Washington, but also with communities nationwide. Those every case, there’s a Boalt graduate down the hall mentoring communities set the boundaries within which policy should be them. In Washington, our alumni are everywhere, from the shaped and administered. My central effort as president has State Department to Senate committees on foreign relations been to emphasize building an organization that’s present in the and intelligence, from the Treasury to the World Bank to the nation generally rather than solely in Washington. In part, this EPA. Over the past year, I’ve participated in 50 events in nine initiative also seeks to contribute to the larger challenge of re- countries and in nine U.S. states, and I always found Boalt establishing dialogue and civility in a nation that has become graduates there. They’re an astoundingly talented group. increasingly divided by strongly held opinions.

What’s your biggest challenge as president of the American What does that mean in practical terms? Society of International Law? While it’s important that ASIL’s spring annual meeting of To promote international relations on the basis of law, our orga- some 1,350 people from 80 nations remains in Washington, nization needs to engage not only with the policy communities where our Executive Council’s traditional fall leadership

former detainees. This means that a broader range of national institutions contributes to the shaping of this important body of law.” Boalt Hall She points to an elective class in her first year at Boalt as the spark for her interest in international law. “I was extremely lucky to have been taught by Professor Stefan Riesenfeld,” Alumni with a Donoghue says. “While we law students clutched our coffee cups and struggled to get to early morning classes, this rather elderly scholar had such a passion for his field that World View he commuted on weekly red-eye flights to Washington, D.C., where he was serving as Look at any “Who’s Who” of international September 2010. Counselor on International Law in the State law leaders and you’ll find many whose Donoghue says a particularly exciting aspect Department’s Office of the Legal Adviser. His careers began at Boalt Hall. Here’s a of her job is the chance “to benefit from the enthusiasm was infectious and inspiring.” snapshot of four alumni who perform on ways in which each member of the international the world stage. —By Ben Peterson court approaches particular legal issues, in Daniel light of his or her training and prior professional Magraw ’76 Joan experience.” She notes that the judges form a diverse group, “not only in terms of our nation- In December 2010, Donoghue alities, but also with respect to the ways we Daniel Magraw was ’81 engaged with international law prior to joining recognized with Justice Donoghue’s the court. I’ve found it extremely enriching to the United Nations career with the share differing perspectives among colleagues Association National U.S. Department of and deliberate with them.” Capital Area’s Louis B. State began in 1984 Donoghue notes the challenges of address- Sohn Award for Human Rights, adding to recent and culminated in ing aspects of terrorism in the courts. “Some of awards from the American Bar Association, the post of Principal Deputy Legal Adviser the most complex and pressing issues relate to District of Columbia Bar, and Elizabeth Haub from 2007 to 2010. Over the years, she the use of force against non-state actors, includ- Foundation. For decades, Magraw has been also engaged and inspired the next genera- ing the law that governs detention of suspected at the forefront of law and policy stretch- tion of international lawyers by teaching at terrorists,” she says. “An added challenge is the ing beyond U.S. borders, most recently Georgetown University, George Washington fact that national courts in the United States, the as president of the Center for International University, and, in 1992, at Boalt Hall. Today, United Kingdom, and elsewhere increasingly Environmental Law. Though he now has “emeri- she serves as a judge on the International confront these international law questions in the tus” at the end of his title, he’s hardly taking it Court of Justice, a position she has held since context of proceedings brought by current or easy.

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Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 9 5/24/11 9:55 AM meeting is held is another matter. Last fall, I moved it from It was gratifying to see so many of our faculty and alums. Washington to Miami and expanded the program to include Boalt Professor Kate Jastram ’86 was elected to the executive a public conference, a meeting of judges to comment on a committee of ASIL’s Lieber Society, our hub for studying the draft of ASIL’s “Benchbook on International Law” project, law of armed conflict and other public international law and a mentoring fair for about 100 students from five law related to military operations. David Bowker ’98 kindly schools. This year’s fall meeting will be in Los Angeles. I’d hosted a Boalt table at the annual dinner. After my opening welcome ASIL member dinners twice a year in different cit- remarks, Michael Posner ’75 (Assistant Secretary of State for ies because American attitudes toward international law and Democracy, Human Rights, and Labor) presented a major organizations flow from communities all across the nation. human rights policy statement on behalf of the Obama One of our tasks is to better engage them. administration. Then NYU Law Professor Phillip Alston (LL.M. ’77, J.S.D. ’80) took the podium and began by noting Rumor has it Boalt was well represented at the ASIL annual that three Boalt people had opened the meeting. That was a meeting. proud moment. n

“I’m in a position to make a difference, so it’s McManis also assumes leadership of the of the Inter-American Commission on Human hard to take a break,” Magraw says. “It’s impor- IATL China Program after many years as vice- Rights. Her new assignment began in January tant to continue work that has a real impact, chair. The program, now in its 17th year, is on 2010, and she’s been pleasantly surprised by like increasing transparency, public participa- a mission to strengthen the bond between law- what she discovered in her first year. tion, and accountability in international dispute yers in China and the United States. “We’re not a judicial body and, therefore, settlement.” “Each year, we bring 10 government lawyers can’t issue binding judgments,” she says. “We He manages to spread his focus across from China to the United States to introduce simply issue findings on whether a country a wide range of goals, including launching a them to the American legal system,” McManis has violated human rights, make recommen- museum of international law and eliminating says. “They live with IATL fellows and their fami- dations, and hold hearings. I wasn’t expecting fishing subsidies. What keeps him going? A lies across the country, so they may see how a such a willingness of governments to respond sense of urgency about the environment and trial lawyer lives and practices law. Our purpose and work with us. The people I’ve encoun- social justice. is to promote the rule of law in China.” tered, for the most part, are primarily con- “The price of a healthy planet is eternal vigi- McManis believes the program has ad- cerned with how to respect human rights.” lance,” Magraw says. “We can’t stop being dressed a critical need in the past, and now In the past year, Shelton and her fellow com- aware of potential threats, such as nanotech- faces a once-in-a-longtime opportunity. “It’s mission members have faced a variety of tough nologies, electronic waste, climate change, been said that this will be the Chinese century,” subjects, including critical human rights issues loss of biodiversity, nuclear proliferation, and he says. “And now, the very delegates we’ve in the wake of the earthquake in Haiti and the the general demand on resources. With all of hosted through the China Program are rising to coup in Honduras. But on a day-to-day basis, these issues and more, there’s no place for cabinet-level positions and influencing the rule many of her cases involve sorting out legal complacency.” of law in that country.” claims to land. “We see a very large number McManis says it’s the program’s approach of cases from indigenous communities under James that has made the U.S.-Chinese friendships so threat from nonindigenous people moving in,” strong: “We don’t preach or lecture. We simply she says. “Though some of these cases had McManis say, ‘This is the way we do it. It may work for you already gone to court, we were able to deter- ’67 or it may not.’ We have an attitude of respect mine that indigenous people, in countries like A founding member that our Chinese colleagues appreciate.” Paraguay, Surinam, and Nicaragua, did in fact of leading Northern have the right to those lands.” California trial firm Dinah Shelton sees many challenges ahead in McManis Faulkner, international law. “I think topics will continue James McManis has Shelton ’70 to be internationalized,” she says. “There are been a member of the International Academy Dinah Shelton, a profes- issues typically dealt with at a national level of Trial Lawyers (IATL) since 2001. In 2010, he sor of international law that have transnational dimensions, whether was elected Secretary of International Relations at George Washington we’re talking about bioethics, climate change, and now serves on the IATL executive board. University, was elected or evolving communications and technol- His duties will include expanding the organiza- in 2009 to serve a four- ogy. It’s going to require a multidisciplinary tion’s international roster of fellows. year term as a member approach to find the right solutions.”

spring 2011 | Transcript | 45

Transcript.Spring11.Feature.InternationalLaw.36-45.V09.indd 10 5/24/11 9:55 AM NOTABLE CONTRIBUTIONS from the boalt CREATIVE WORKS community

documentary: Cáitrín McKiernan ’11 Student Shares King’s Dream in China n Bringing King to China, a feature-length documentary about Cáitrín McKiernan ’11 and her quest to stage a groundbreaking play in China about Martin Luther King, director Kevin McKiernan—Cáitrín’s father— interviews I a venerable Chinese scholar. “There are so many obstacles here,” the scholar says. “The only way SHOOTING STARS: Cáitrín McKiernan ’11and your daughter succeeded is she didn’t know how tall the her father, Kevin McKiernan, at the Santa mountain was.” Barbara International Film Festival. Few would accuse Cáitrín, a bilingual graduate of Stanford and Boalt and a Fulbright recipient, of igno- rance. But youthful naiveté? “Guilty!” she admits. sions, among American and Chinese stu- Bringing King to China premiered January 30 at the dents and scholars, about the relevance of Santa Barbara International Film Festival. Oscar- King’s beliefs in the 21st century. winning cinematographer Haskell Wexler worked on The play,Passages of Martin Luther King, the film with Kevin, a network news photojournalist who has finally opened in 2007, when the National Theatre presented made feature-length films for PBS and whose photos have five performances in Beijing. Five American gospel singers appeared in TIME, Newsweek, and The New York Times. were recruited to join the all-Chinese cast, which Cáitrín says Cáitrín first went to China for a study-abroad program as a marked the first time in the history of modern Chinese theater 16-year-old student from Santa Barbara. At Stanford, she that African-American and Chinese actors shared a stage. worked with King scholar Clay Carson, majored in Chinese Tickets were distributed to government officials, embassy history—then got a Fulbright to gather oral histories in China. staffers, country migrants, and students. “Clay had written a compelling play about Dr. King’s life “Visuals help people speak across borders,” Cáitrín says, and philosophy that I wanted to adapt for audiences in “especially when you’re dealing with themes like King’s non- China,” Cáitrín says. “I thought it could help open dialogue violent resistance and anti-war platforms.” both within China and between Americans and the Chinese.” At age nine, Cáitrín joined Kevin as he covered the 1990 Bringing King to China chronicles her two-year struggle to Nicaraguan elections. “She saw poverty, war, and refugee adapt the script for a Chinese audience and stage the play. camps—a lot that most kids don’t see,” Kevin recalls. “Ever Challenges included persuading the National Theatre of since, she’s had a passion for human rights and bringing cul- China to accept the production, recruiting professional tures together.” —Andrew Cohen actors and production staff, and countless hours of nearly

futile fundraising. During those two years, Cáitrín led discus- Learn more at www.bringingkingtochina.com.

46 | Transcript | SPRING 2011

Transcript.Spring11.CreativeWorks.46-47.V10.indd 1 5/31/11 11:32 AM BOOK: William Bagley ’52 Rethinking Reform BOOK: Emily Holland ’12 A Haunting ike many Californians, former says, are Prop. 9 spending limits, which Assemblyman and UC prevent so much as a free bagel over Regent William Bagley ’52 coffee. Bagley argues for more reason- Chronicle of Child longs for a time when able gift limits that allow productive SacramentoL was more collegial—and social interaction at truly bipartisan Soldiers more effective. Those traits go hand in lobbyist-sponsored events. “People hand, Bagley maintains in his book, who play together, stay together,” In And Still Peace Did Not Come, the California’s Golden Years: When Bagley says. To his mind, term limits recollections of former Liberian child Government Worked and Why, pub- and Prop. 9 essentially created the now soldiers—and their victims—offer a haunt- lished by UC’s Institute of all-partisan, $4,000-a-plate daily funding, intensely personal narrative. Emily Governmental Studies, which receives raisers that have replaced the biparti- Holland ’12, a former television producer all proceeds of its sale. san confabs of old. and a humanitarian journalist, co-authored Today, with the state Bagley thinks the book with Agnes Umunna. fighting a deficit head- California’s new open From 1989 to 1996 and 1999 to 2003, wind and strong ideologi- primaries will invite Liberia’s civil war killed more than 200,000 cal resistance, California’s more moderates into the people and displaced a million more. A Golden Years offers a process. But he’d also native Liberian now living in New York, refreshing reminder of a like to return to those Umunna fled the violence to Sierra Leone. time when sailing was open-door lunches, din- She later returned to Liberia and hosted a smoother, and an insider’s ners, and ballgames, radio program in which she interviewed vic- view of why. Informative where face-to-face con- tims, warlords, and witty, it’s both memoir tact defused ideological and government and cautionary tale. prejudices and encour- officials—and The biggest contribu- aged compromise. canvassed ghet- tors to California’s long- Now mostly retired tos and slums to term problems? Bagley from law practice, Bagley find former child points to voter “reform” keeps in touch with old soldiers. initiatives—specifically colleagues—two of whom “Agnes con- term limits and Prop- have glowing words for his book. vinced many of osition 9, the Political Fittingly, the praise comes from both them to share Reform Act, which restricts lobbyists’ sides of the proverbial aisle: Republican their stories on spending and event-hosting activities. former Governor George Deukmejian the radio,” says Holland, who recently docu- “When I represented Sonoma and (“…a must-read”) and now-CIA mented four years of work by the Marin counties from 1960 to 1974, you Director Leon Panetta, a Democrat, International Rescue Committee in Africa. built trusting relationships with all of who calls Bagley “the symbol of the “She wanted to help them and their country your colleagues, over many years,” says kind of bipartisanship that made move forward. The book weaves their mem- Bagley, a longtime moderate California great.” ories together with her own incredible life Republican who supported Barack One more thing to know about this story.” Obama in 2008 and Jerry Brown in information- and opinion-rich figure While developing other book projects on 2010. “Today, with term limits in the who cut his teeth in politics after Boalt human rights issues, Holland hopes to Assembly, a freshman becomes speaker Hall: He accidentally cut his fingers in effect lasting change with her law degree. and by the time you’ve been in the high school, hence cut typing class, and “As a journalist, I could chronicle the work- Assembly for four years, two-thirds of never learned the keyboard. “I wrote ings of a truth commission,” she says. “But I your original colleagues are gone and a the whole book,” he says, “by hand and couldn’t mitigate a humanitarian crisis or whole new class has come in.” The cost: Dictaphone.” —Bob Rucker exact restitution for victims. That’s why I’m gridlock, as representatives forsake at Boalt.” —Andrew Cohen compromise for extreme positions, California’s Golden Years: When keeping an eye on the next primary or Government Worked and Why And Still Peace Did Not Come the seat of a senator who’s about to By William Bagley By Agnes Fallah Kamara-Umunna and term out. Published by UC Berkeley’s Institute of Emily Holland

Equally progress-crippling, Bagley Governmental Studies Press, 2009 Published by Hyperion, 2011

Spring 2011 | Transcript | 47

Transcript.Spring11.CreativeWorks.46-47.V10.indd 2 5/23/11 7:39 AM Boalt Student Action FAST FORWARD Figures

taminated soil and water resources and disrupted wildlife habitats. Meanwhile, the project’s primary beneficiaries are A Dam Site Better factory owners who don’t reside in the immediate area.” onstruction of Mexico’s U.S. role in financing it, and to hold Conduit Capital Partners (CCP), a Cerro de Oro Dam, from OPIC responsible for failing to follow U.S.-based investor, received $60 mil- 1973 to 1989, displaced its own policies and procedures. lion from OPIC for this and other about 26,000 area residents The students noted that cement has hydroelectric developments in Latin Cand polluted the surrounding envi- leaked into villagers’ drinking water, America. The complaint sparked ronment. Years later, when Brian blasts from excavation work have investigations by Mexico’s top envi- Cochran ’12 and Andrew Villacastin damaged their homes, and land acqui- ronmental agency and OPIC, and a ’12 learned that a new project could sition practices have disrupted local wave of media coverage. The Oaxacan create further damage and reloca- leadership and culture. State Congress came forward to sup- tions, they sprang into action. “Adding hydroelectric capacity to the port community demands for sus- Working within Boalt’s Inter- reservoir will require dramatic altera- pending work—which CCP’s owner national Human Rights Law Clinic tions to the natural environment,” says agreed to do in February. (IHRLC), the student duo played an Cochran, who cites the dredging and “That was very gratifying,” Cochran important role in helping area villag- rerouting of a natural stream that is cen- says. “The case isn’t over by any ers file a complaint against a U.S.- tral to the villagers’ health and liveli- means, but it’s exciting to see how our backed hydroelectric program within hood. “Construction has already con- complaint made an impact.” the dam. The program—which would add generating capacity to produce energy for private companies—is financed by the U.S. government’s Overseas Private Investment Corporation (OPIC). “When the project began in 2009, the villagers weren’t consulted or informed of its potential to contami- nate local drinking water and fishing areas,” Villacastin says. “We discovered that developers had largely excluded local communities from the decision-making. The more we researched, the more we realized how important it was to empower villagers to voice their concerns.” Cochran and Villacastin helped research and draft a complaint with Dynamic Duo: OPIC’s Office of Accountability. The Brian Cochran ’12 and Andrew complaint sought OPIC’s interven- Villacastin ’12 tion to assist in resolving community

concerns about the project due to the (2x) Jim block

48 | Transcript | SPRING 2011

Transcript.Spring11.FastForward.48-50.V10.indd 1 5/23/11 7:40 AM Villacastin and Cochran worked ernment and community organiza- to practice international law after under the supervision of IHRLC tions in the U.S. and Mexico. graduating next year. Cochran, co- Acting Director and Assistant That outreach, Villacastin says, editor of The Publicist, which supple- Clinical Professor Roxanna Altholz “was imperative to produce a compel- ments the Berkeley Journal of ’99. They coordinated strategy with ling argument for intervention in the International Law with concise essays villagers and their representatives at project area.” and editorials by leading experts, will the San Francisco-based Account- Villacastin, co-chair of Boalt’s specialize in corporate governance. ability Counsel, as well as other gov- Pilipino American Law Society, plans —Andrew Cohen

create knowledge and restrict its access. “For me, neuroethics served as a bridge between cognitive neuroscience and law. As a discipline, neuroethics is about the ethical, legal, and social implications of neuroscience.” Patterson joined the Samuelson Clinic in August 2010 and worked on the Smart Grid project with fellow student Evan White ’12 and clinic co- director Jennifer Urban ’00. The clin- Power of One: ic’s role was representing the Center for Heather Democracy & Technology, a nonprofit Patterson ’12 that aims to enhance free expression and privacy in communications technologies. Patterson helped submit a formal letter to the California Public Utilities Commission (CPUC) in a When Being Smart Smart Grid metrics proceeding, and two substantive comments—including a formal privacy rule—in a Smart Grid privacy proceeding. and Being Safe Collide “We recommended that utilities and third parties come forward and ow would you feel if mar- Samuelson Law, Technology & Public describe to CPUC what home energy keters, insurers, and even Policy Clinic. Patterson has a unique usage data they intend to collect, use, criminals knew what time point of view and is putting it to work store, and disseminate; what policies you turn on your coffee- to safeguard privacy issues through and procedures they will put in place to H maker in the morning? Or when you Boalt’s Smart Grid project. ensure its security; and how they plan entertain guests? Or take a vacation? “I researched infor- to handle requests With the installation of “smart mation flow for my “The Smart Grid pre- from law enforce- meters” in California, precise measure- neuroscience work,” ment,” Patterson ments of energy usage can indicate she says. “Particularly, sents privacy risks says. “Most signifi- when you are home, when you are using what neural processes because it enables cantly, we were given certain appliances, and if you change underlie our abilities to the opportunity to your daily routine. Collectively, the understand and pro- collection and trans- write a privacy rule meters make up a smart grid that com- duce language, to dis- mission of detailed that translated the municates measurements to the util- tinguish familiar faces concepts underlying ity on a frequent basis. While the smart from the faces of energy data.” the Fair Information grid may be useful in energy manage- strangers, and to rec- Practice principles ment, it can put consumers at risk if that ognize familiar into regulatory lan- information gets into the wrong hands. objects. As a law student, I now have guage that could be adopted by CPUC Enter cognitive neuroscientist- the opportunity to look at the flow of to safeguard the privacy of California turned-law-student Heather Patterson information through a broader lens— energy customers.” ’12, part of the team at Boalt’s to explore how we, as a society, both Patterson believes the Smart Grid

Spring 2011 | Transcript | 49

Transcript.Spring11.FastForward.48-50.V10.indd 2 5/23/11 7:40 AM FAST FORWARD

project, if managed properly and ethi- other hand, the Smart Grid presents of supervision and training from the cally, could be extremely valuable. “On serious privacy risks because it enables faculty. She was also inspired by the one hand, the Smart Grid rollout may the collection and transmission of very ways in which students can engage be of great benefit to consumers and to detailed energy consumption data that with meaningful and relevant issues. the environment,” she says. “It could reveal an enormous amount about the “My colleagues are brilliant, warm, and lower energy costs, increase our use of intimate details of our lives.” funny,” she says. “I’m continually environmentally friendly power Patterson calls her time with the impressed by their dedication and will- sources, and increase security against Samuelson Clinic “incredibly enrich- ingness to give each other great feed- power outages and attacks. On the ing,” thanks in large part to the quality back and support.” —Ben Peterson

passed through the office. She wasn’t sure how the appellate staff would approach hot topics like Guantanamo and Don’t Ask, Don’t Tell. “Before this assignment, I assumed that the Department of Justice was a political creature,” she says. “As it turns out, political leanings and affiliations don’t play a part in how cases are handled. Many of the people I worked with have made the Justice Department a career-long commitment, so there’s great camaraderie. These people really enjoy their work, even though they sometimes take on cases that aren’t aligned with their personal beliefs.” Ager wrote full drafts of briefs and Beltway Boaltie: acclimated to the challenge of work- Monica Ager ’11 ing with a case as it had been built in district court. “The world of the case has already been created,” she says. “You have to live within that world. It was great practice.” UCDC Mixes It Up While sharpening her brief-writing skills, Ager also relied heavily on ake one full-time job with the-trenches look at federal statutes, technology to manage her BJIL edit- the appellate staff of the regulations, and policies. ing duties. “The three-hour time dif- U.S. Department of Justice’s “At times, it was certainly challeng- ference was the biggest challenge,” Civil Division. Toss in a ing to balance responsibilities,” Ager she says. “I took on most of the work seminarT course and some 20-page says. “But the UCDC program offers that could be done over email and papers. Add the responsibility of being such a huge advantage, even over Skype, while my co-editor-in-chief, co-editor-in-chief of the Berkeley what’s available to the students at Marie Jonas, handled the day-to-day Journal of International Law (BJIL) D.C.-area schools. Most of those pro- details. I think my practice writing from 3,000 miles away. grams are only part-time or don’t offer briefs really enhanced my writing and Sound like a recipe for exhaustion? much academic credit. The UCDC editing skills for the journal.” Nope, just the fall of 2010, if you’re program meant I was there long Ager also appreciated an immersive Monica Ager ’11 in the UCDC Law enough to be treated as if I were an “field trip” that enriched her law school Program in Washington, D.C. attorney and to make connections that education. “It was a welcome break Launched by Boalt and UCLA School wouldn’t have been possible with an and I came back with a fuller perspec- of Law, the program combines a internship.” tive on what it means to be an attor- weekly seminar course with field During Ager’s time with the Civil ney,” she says. “It invigorated my love

placements that give students an in- Division, many big headline cases of the law.” —Ben Peterson block Jim

50 | Transcript | SPRING 2011

Transcript.Spring11.FastForward.48-50.V10.indd 3 5/23/11 7:40 AM Insight: Are Lawyers Recession-Proof?

By Jon Michaelson ’78 as a business´ may have been resolved. At the same time, shrinking corporate legal bud- ’ve experienced five economic downturns gets mean fewer private-sector jobs for lawyers. since graduating from Boalt in 1978. While Coupled with other changes in demand—disag- each dip has had a wide impact, lawyers gregation of engagements, outsourcing, and and law firms have been generally insulated declining litigation—cost consciousness has from the worst consequences—at least reduced entry-level opportunities at law firms and until the “Great Recession.” within legal departments. Progression within I Since the latest financial crisis began, employ- firms and in-house has become harder as well. ment of attorneys in the U.S. private sector fell Third, the attorney population is also changing for the first time in memory. A disturbingly large fast. Although Anglo-American concepts domi- number of firms collapsed. Even top law schools nate jurisprudence around the world, a growing “The Great scrambled to place graduates. The economy has proportion of lawyers are not Brits or Yanks. In stabilized, but have the basics changed for us and my own firm, more than 90 percent of attorneys Recession has our organizations? in our 12 offices in Europe and Asia attended Yes. The Great Recession has amplified several non-U.S. law schools (though many also hold amplified trends that are materially altering present and LL.M. degrees from institutions here). My office future prospects for attorneys. colleagues include native speakers of at least several trends First, governments worldwide have grown and seven languages. Indigenous firms in China and will keep expanding. Many factors contribute to other rapidly developing countries have vaulted that are this, including demographic shifts, the nature and beyond the 500-attorney mark and are opening materially pace of technological change, internationalization offices far beyond their home shores. The prac- of enterprise, and the rise of emerging economies. tice of law is not just more global and more com- altering The economic crisis catapulted governments to petitive, but also characterized increasingly by a unprecedented involvement in citizens’ lives and multinational work force. present and deeper intervention in financial markets. So what are the broader implications of the New laws and regulations—along with compli- Great Recession and its impact on the legal land- future ance and enforcement activities—will likely trans- scape? Most of all, there are no safe harbors. In late into an increased need for public- and private- every venue is a heightened imperative to handle prospects for sector attorneys. Lawyers are inevitably involved assignments with even greater rigor and effective- when statutes are drawn, regulations crafted, and ness. For those established in practice, it’s essential attorneys.” violations investigated and addressed. to be flexible and to learn better approaches to our Second, any buffer between law firms and mar- work. Young practitioners face the greatest tests of ket forces has evaporated. Consolidation— all. Familiar career patterns in all sectors are fading. driven by globalization and intense competition New paths are just beginning to emerge. for work—reached warp speed as our industry These are energizing times for anyone who contracted. Talk of running a legal organization enjoys a challenge. “like a business” no longer has meaning—either a firm functions as a profit-making enterprise or it fails. Further, the market has driven compensation for some lawyers to rock-star levels, stretch- Jon Michaelson ’78 is the administrative partner of K&L ing traditional notions of partnership. Like it or Gates’ Palo Alto office. He advises business clients on a wide not, the debate over law as a profession versus law range of high-risk, high-priority disputes.

Spring 2011 | Transcript | 51

Transcript.Spring11.Insight.51.V09.indd 1 5/23/11 7:51 AM MAKING HISTORY, INFORMING PAST PRESENT THE FUTURE

A NEW ERA: John Doar ’49, James Meredith, and a U.S. Marshal pass an angry crowd after Meredith became the first African– American student admitted to the University of Mississippi.

American South: Mississippi, Alabama, and Louisiana. The Content Henderson accepted Doar’s challenge and joined a phalanx of attorneys that, in time, would include seven other Boalt graduates: St. John Barrett of Their Character ’48; David Norman ’56 (who had been working for the Civil Rights Division since its formation in 1957); Burton A team of Boalt graduates played a crucial role in Danziger ’62; Peter Koricon ’62; Brian America’s civil rights journey. By William Benemann Landsberg ’62; Kathryn Mickle Werdegar ’62; and Stuart Herman ’67. folded piece of blue paper Henderson, come see me.” Doar’s team of idealistic litigators with one’s name on it When Henderson appeared in the would confront corruption, intimida- pinned to the student mes- dean’s office that day in 1962, Prosser tion, violence, and murder. Landsberg, sage board usually meant explained that a Boalt alumnus, John who joined the group in 1963, remem- trouble.A Boalt Hall law student Doar ’49, the First Assistant of the bers his colleagues as “vigorous, prag- Thelton Henderson ’62 took a deep Civil Rights Division at the U.S. matic idealists, trained to turn square S I

breath, removed the stickpin, and Department of Justice (DOJ), was corners.” No shortcuts. No grand- ORB opened the note. The message, from looking for young lawyers to join standing. Eyes on the prize. C prickly Dean of the Law School him in fighting racial discrimination Doar set a high standard for his team

William Prosser, was blunt: “Mr. in the most segregated states of the of lawyers. However egregious, how- Schulke/ Flip

52 | Transcript | SPRING 2011

Transcript.Spring11.PastPresent.52-53.V09.indd 1 5/23/11 7:52 AM ever gut-wrenching the situations they Mississippi Judge Harold Cox could ping on the conversations. Henderson uncovered, histrionic responses were barely contain his contempt. Cox became acquainted with Dr. Martin prohibited. “If you play for Green Bay,” called Doar “impudent” and “stupid” Luther King, Jr. and his associates Doar explained, invoking legendary and warned, “I do not intend to be hur- while staying in the same segregated Packers coach Vince Lombardi, “you ried or harassed by you or any of your motels, and still bears a scar from the only block one way; if underlings in this or billy club of a southern sheriff. you litigate in this Boalt Hall alumni any court where I sit It was in these rural regions of the division, you only pre- and the sooner you segregated South that Boalt alumni pare one way.” Doar’s encountered almost get that through joined a team of attorneys struggling way meant well- continuous intimida- your head the better against seemingly insuperable odds, crafted strategies you will get along grounded by a belief that the rule of backed by thorough, tion, hatred, and with me.…” Cox law could change a dark and violent methodical research. violence in their fight eventually dismissed world. “This kind of hope,” Doar U.S. Attorney for civil rights. the complaint with- explains, “is not the same as optimism. General Robert F. out trial—despite It is the ability to work hard for some- Kennedy focused the the volumes of evi- thing because it makes sense, not DOJ’s efforts on dence. because it stands a chance to succeed.” enforcing the 15th Amendment’s ban As the escalating campaign for civil In a word, these people possessed on racial discrimination in voter regis- rights spread through the Deep South that elusive trait … character. tration. Although disenfranchisement in the early 1960s, Boalt Hall alumni was just one of many forms of discrimi- were in the forefront of the DOJ’s nation facing “Negroes” at the time, response. Doar prosecuted the mur- Kennedy reasoned that the power to derers of civil rights workers James elect sheriffs, judges, and other local Chaney, Andrew Goodman, and officials would help African-Americans Michael Schwerner, as well as the Ku chip away at the other forms of discrim- Klux Klan members who shot Viola ination, including unequal access to Liuzzo. Barrett represented Fannie public facilities. Lou Hamer and Annelle Ponder, who At Kennedy’s urging, the division had been jailed and savagely beaten filed suits in every county of Missis- after civil rights workers sat at a sippi, Alabama, and Louisiana. At the whites-only café counter in Winona, same time, Norman initiated a series Mississippi. Both Doar and Barrett of broader statewide lawsuits. accompanied James Meredith as he The division’s lawsuits challenged sought to attend classes at Ole Miss. David Norman: numerous local registration proce- Barrett prosecuted Lester Maddox, dures on grounds that their standards who allegedly excluded African- A Visionary did not apply equally to white and Americans from his Atlanta restau- David Norman ’56 was among the most black voters. The State of Mississippi rant by threatening them with a pick extraordinary members of John Doar’s responded by serving the division with handle. DOJ team. A Nebraska native, he had interrogatories covering each allega- The attorneys would long remember severely damaged his eyes by looking tion in each complaint, hoping to the war stories of their youth. Barrett directly at a partial solar eclipse as a boy. swamp the team with paperwork. In a recalls how his career was nearly He attended the Nebraska School for the cheap motel room in the Mississippi derailed by an insinuating memo from Blind, and was employed during World Delta, Doar and colleague Robert FBI Director J. Edgar Hoover, who War II by Lockheed Aircraft in California. Owen mopped their brows and plotted believed the Justice Department inves- Someone from the state’s Department of their response. “We decided to answer tigations unnecessarily disturbed rela- Vocational Rehabilitation recognized them in monumental detail,” he tions his agents had established with Norman’s sharp intellect and arranged remembers, “with information from the “good ol’ boys” of local law financial assistance so he could attend most of Mississippi’s 82 counties.” The enforcement. Following phone inter- UC Berkeley. He graduated Phi Beta result was seven volumes of damning views with blacks in rural Alabama Kappa and third in his class at Boalt Hall. evidence showing decades of registra- about their experiences with white Legally blind, Norman could read only tion irregularities in Mississippi alone. voter registrars, Landsberg discovered with the help of a device that allowed him Having met that challenge, Doar that the telephone operator—the local to view a small portion of text at a time. pressed for a speedy trial date. sheriff’s wife—had been eavesdrop-

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Transcript.Spring11.PastPresent.52-53.V09.indd 2 5/23/11 7:52 AM NEWS AND NOTES FROM THE ALUMNI CENTER ADVANCEMENT Greetings, Alumni, Students, Faculty, and Friends

his section of Transcript is called was a gigantic crater in the ground when I came “Advancement,” and in that spirit, I’d to Boalt two years ago. All Alumni Weekend, like to start by looking ahead rather September 30–October 1, will feature a ribbon- than reviewing the many worthy cutting ceremony for the new South Addition, Taccomplishments of the past year. When Dean and the launch of our Centennial Celebration. Edley enlisted me to head up development efforts We hope you will join us for this historic event for Boalt Hall, it was both an honor and a chal- and elect to become part of Boalt’s history by lenge. Our dean led us far towards achieving the joining our Centennial Society. goals he set shortly after arriving, adding 44 new I’m consistently encouraged by the optimism, “ We can’t faculty members, establishing several high- generosity, and shared vision shown by our loyal thank you impact research centers, maintaining finan- alumni. They don’t have to be reminded that cial aid for 87 percent of our students, creating we live in challenging times. Despite having to enough for and sustaining one of the most generous loan for- make personal sacrifices, most have kept the all that you giveness programs in the country for public- law school as one of their most, if not the most, interest and public-service careers, and renewing important philanthropies. What we’re call- do and all and expanding our building. One of the major ing “The Final Mile” in our campaign will not that you’ll goals that remains: finishing off the final phase of be easy, but we know we can count on the Boalt our $125 million Campaign for Boalt Hall. community to get us to the finish line. As Dean continue Through March, thanks mainly to our loyal Edley has said, “Not a single person in Boalt’s to contribute alumni’s generosity, we’ve raised a remarkable campus community will settle for being less than to help us $87.2 million. This has been achieved despite the best, but we can’t succeed unless our alumni enduring the worst financial crisis since the feel the same passion for this great institution, finish the Great Depression and draconian cuts in state and for the importance of training great lawyers.” Campaign support over the past five years and for the fore- I look forward to meeting many of you in the seeable future. Dean Edley has gone to great months ahead. We can’t thank you enough for for Boalt lengths to ensure that Boalt’s tuition remains less all that you do and all that you’ll continue to Hall.” than other Top 10 law schools, yet most alums contribute to help us finish the Campaign for are surprised to learn that in-state tuition will Boalt Hall. exceed $49,000 in 2011-12. This makes student aid even more crucial as we look to the future: Warmest regards, And it is the dean’s highest fundraising priority. Robert G. Sproul Over the past year we’ve seen a stunning Assistant Dean for Development and new law school building emerge out of what Alumni Relations

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Transcript.Spring11.Advancement.54-60.V16.indd 1 5/23/11 7:56 AM Judge Charles Breyer ’66: Banging the Boalt Gavel

lthough he’s not envious by nature, in 1967, Breyer then became U.S. District Court Judge Charles an assistant district attorney Breyer ’66 admits to some jealousy for the City and County of San pangs when listening to his son, Francisco from 1967 to 1973. A recent Boalt graduate Joe Goldstein-Breyer ’11, He served as assistant special ADVANCEMENT talk about life at Boalt Hall. prosecutor on the Watergate “The law school has changed a great deal and Special Prosecution Task all for the better,” Breyer says. “When I was at Force from 1973 to 1974, then Boalt, there were no clinics and very few courses worked in private practice from oriented toward the everyday practice of law. 1974 to 1997—interrupted by I think the changes have been remarkable, and a brief stint as San Francisco’s Greetings, Alumni, Students, that Boalt is turning out more better-prepared chief assistant district attor- law students than ever.” ney in 1979. In 1997, President Sustaining that is a major reason why—despite Clinton appointed him to a dis- his busy schedule on the Northern District of trict court seat in the Northern Faculty, and Friends California bench—Breyer has agreed to serve as District of California. president of the Boalt Hall Alumni Association. “During my time on the bench, I’ve found “I feel a strong His term starts on July 1, 2011. that subjects I thought I had very little interest “I feel a strong debt of gratitude for receiving in often are quite fascinating,” says Breyer, the debt of grati- such a great legal education at public expense,” brother of U.S. Supreme Court Justice Stephen tude for receiv- he says. “But these days, Boalt must overcome Breyer. “It’s a good reminder of the value in ing such a great the myth that because it’s a state-supported expanding one’s horizons.” school, it’s financially secure. And beyond sup- His hope is that graduating students who legal education porting the school, our graduates should con- have trouble finding employment in the cur- at public tribute in some way to what’s being taught and rent legal marketplace will use the opportunity to helping students secure employment during to pursue interests that connect to the law but expense.” these challenging times.” also broaden their experience. “My sense,” he After graduating from Harvard and then Boalt, says, “is that at the end of one’s legal career, no Breyer clerked for Judge Oliver Carter—on the one declares that if he had only practiced for 38 court where he now sits—from 1966 to 1967. A years instead of 37, he’d have been a happier counsel at the Legal Aid Society of San Francisco person.” —Andrew Cohen

BOALT HALL ALUMNI ASSOCIATION BOARD OF DIRECTORS Executive Committee Directors Representatives Holly Fujie ’78 Noel Nellis ’66 Terms Terms Terms Student President Vice President, expiring in 2011 expiring in 2012 expiring in 2013 Monica Briseno ’12 Reunion Class Campaign Evan Cox ’87 Greg Broome ’90 Stephen Arent ’67 Simona Grossi LL.M. ’09, James McManis ’67 Co-chair (Ex-officio) Susan Hori ’79 Chris Chavez ’97 Karen Boyd ’96 JSD ’12 Past President Yury Kapgan ’01 Gail Dolton ’86 Charles Breyer ’66 Peter Halpern ’11 Art Shartsis ’71 Charles Breyer ’66 Mark LeHocky ’79 Holly Fujie ’78 Gillian Brown ’99 Staff Vice President, Otis McGee, Jr. ’76 Hector Huezo ’08 Benson Cohen ’04 President Elect Reunion Class Campaign Megan Smith Heather Mewes ’99 Paul Konopka ’01 Nancy Fineman ’86 Bob Sproul Evan Cox ’87 Co-chair (Ex-officio) Amelia Miazad ’02 John Kuo ’88 Lindsee Granfield ’85 Vice President, Alisa Nave ’04 Mark Lubin ’77 Ellyn Lindsay ’84 UC Berkeley Foundation Christopher Edley, Jr. Noel Nellis ’66 (Ex-officio) Boalt Hall Fund Chair Dean Joel Sanders ’82 James McManis ’67 Michael L. Martinez ’78 Arthur Shartsis ’71 Jay Shafran ’63 Terry O’Reilly ’69 International Association Charles Stevens ’82 Gail Title ’70 Lynn Pasahow ’72 of Boalt Alumni Peter Urwantschky ’81 Kathi Pugh ’90 Aime Mandel ’73 (Ex-officio) Diane Yu ’77 Steven Walther ’68 Mitchell Zuklie ’96 Faculty Jesse Choper Eleanor Swift

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Transcript.Spring11.Advancement.54-60.V16.indd 2 5/23/11 7:56 AM ADVANCEMENT Citing a Standout Trio Boalt honors Irving Tragen ’45, Edward Halbach, and Nan Joesten ’97

hough they have traveled diverse geo- Halbach was named Boalt’s dean in 1966, graphical and professional paths, the seven years after joining the law school faculty. trio honored at Boalt Hall’s annual At age 34, he was the youngest law school dean Citation Award Dinner in October— in the nation. A leading estates and trusts T Irving Tragen ’45, Edward Halbach, and Nan scholar, Halbach served nine years as dean and Joesten ’97—are uniformly high on achieve- later spent 11 years on the BHAA board. ment and low on ego. Inducted into the National Estate Planning Before a packed audience inside the Ritz- Hall of Fame last year, Halbach has held many Carlton hotel in San Francisco, Tragen accepted leadership positions: president of the the Citation Award—the highest honor International Academy of Estate and Trust bestowed by the Boalt Hall Alumni Association Law; chair of the American Bar Association (BHAA). Halbach received the Faculty (ABA) Section of Real Property, Probate and Lifetime Achievement Award and Joesten the Trust Law; and division director of that sec- Young Alumni Award. tion’s Probate and Trust Division. Tragen (see page 22) was a well traveled and In recalling why he was drawn to Boalt, well accomplished diplomat for 55 years. One of Halbach said, “It wasn’t the beautiful climate Boalt’s most generous donors, he and his late and the beautiful scenery. It was the chance to wife, Eleanor, endowed a faculty chair in join such a gifted group of professors and to Comparative Constitutional and Public teach such remarkable students.” Administrative Law in 2002. Boalt, one of three Joesten, a partner at Farella Braun + Martel, beneficiaries of their family trust, is where has been a BHAA board member for the past Tragen crystallized his problem-solving five years, serving two terms as president. She approach. also co-chaired her class reunion campaign in “The important thing I learned in law school is 2005 and Boalt’s law firm giving campaign in you start by getting the facts,” he said. “Through- 2006, and received the UC Berkeley Foun- out my entire career, that became the principle dation’s 2007 Trustees Citation Award for out- on which I worked.” standing service to the law school.

Celebrating Community, One Event at a Time

Throughout the year, Boalt Hall hosts several mar- quee events that celebrate its generous contributors and the success of its graduates and current students.

These gatherings support the law school’s programming, STANDING TALL: Recent graduates came flooding strengthen its community, and foster productive relation- back to Boalt Hall in December for the law school’s ships among alumni, faculty, and students. annual California State Bar Swearing-In Ceremony. More than 200 alumni, along with their families and To the right is a brief snapshot—three of them, actu- friends, returned to be sworn in to the California ally—of memorable events from the past school year. State Bar.

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Transcript.Spring11.Advancement.54-60.V16.indd 3 5/23/11 7:56 AM THREE’S COMPANY: Former dean Edward Halbach, Nan Joesten ’97, and Irving Tragen ’45 were recognized at the Citation Award Dinner. “Our society needs what Boalt has to offer,” Slate, Meagher & Flom. Supporters at the said Joesten, the only member of her Indiana Patrons Level ($2,500) included Bartko, high school graduating class of 120 to attend Zankel, Tarrant & Miller; Farella Braun + college out-of-state. “That’s why I’ve gotten Martel; Gibson, Dunn & Crutcher; McGrane involved.” Greenfield; McManis Faulkner; Orrick, Joesten was the 2008–09 co-chair of the Herrington & Sutcliffe; Paul, Hastings, Woman Advocate Committee of the ABA Janofsky & Walker; PG&E; and Stevens, Litigation Section, and is co-chair of the 2012 O’Connell & Jacobs. ABA Annual Meeting. This past winter, she fin- This year’s 50th annual Citation Award ished an adventurous, year-long trek through- Dinner takes place Friday, September 30, in out the United States in a 40-foot motor home San Francisco. Alumni and friends can nomi- with her husband, Hank, and their three pets. nate individuals for all three BHAA awards by The Citation Award Dinner received spon- filling out a nomination form at http://www. sorship support at the Benefactors Level law.berkeley.edu/3824.htm and submitting it ($5,000) from Fenwick & West; Lieff Cabraser online or faxing it to the Alumni Center at Heimann & Bernstein; and Skadden, Arps, 510.643.2919. —Andrew Cohen

GIVING AND RECEIVING: Student scholarship recipients TALKING SHOP: Student competitors, faculty, jurists, and Boalt supporters gathered had an opportunity to thank their donors in person at in February at the home of UC Berkeley Chancellor Robert J. Birgeneau and his wife, Boalt’s annual Scholarship Luncheon in February. Dean Mary Catherine Birgeneau, for a special dinner with U.S. Supreme Court Justice Sonia Christopher Edley, Jr., Professor Herma Hill Kay, Zoe Sotomayor, who presided over the McBaine Moot Court Competition’s final round Savitsky ’11, and Mike Halloran ’65 spoke on the impor- (see page 3). Here, Sotomayor (left) shares a light moment with Chancellor Birgeneau tance of financial aid. and Professor and Campaign for Boalt Hall Co-Chair Pamela Samuelson.

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Transcript.Spring11.Advancement.54-60.V16.indd 4 5/23/11 7:56 AM ADVANCEMENT Partners in Leadership Program Gains Steam Established in 2003, the initiative now includes more than 70 law firms and organizations with nearly 1,500 alumni

yler Gerking ’02 didn’t have a single Boalt alumni to help increase annual contribu- reason to become chair of Boalt tions, and to build community both among fel- Hall’s Partners in Leadership pro- low graduates and with the law school. At press gram. He had several. time, the program included 71 participating T “I first got involved in the program at my firm firms and organizations with more than 1,400 more than five years ago and quickly discovered alumni, and raised more than $1 million from how vital it is to Boalt,” says Gerking, a partner the start of the fiscal year through March. at Farella Braun + Martel’s San Francisco office. Volunteer captains within those organiza- “It’s a great opportunity to help the school that tions help inspire donations. Donor rolls often has opened doors for so many of us, and it include many first-time supporters, helping to enables graduates to connect with fellow fortify Boalt’s overall alumni participation rates alumni, current students, and Boalt staff.” and—most important—support of its students, The Partners in Leadership program chal- faculty, programs, and resources. lenges firms and organizations with four or more The Boalt Hall Alumni Association Board of Directors established the program in 2003. It recognizes organizations that reach 100 percent RECRUITING PARTNER: participation at the school’s “Spotlight on Chair Tyler Gerking ’02 Leadership” reception, at networking events says the program allows alumni to connect with with students, in Boalt’s Annual Report of fellow graduates, current Philanthropy, and on its website. students, and Boalt staff. Gerking says Partners in Leadership “serves the essential role of getting more alumni involved in working to maintain and increase the school’s excellence,” especially as state support for the law school declines. If you’re interested in becoming a Partners in Leadership captain or want more information about the program, please visit http://www.law. berkeley.edu/87.htm or contact Susan Persson at 510.642.2590 or [email protected]. —Andrew Cohen

Firms Groups Donors Total Annual Year / orgs. at 100% Alumni Donors percentage gifts change FY 09-10 79 11 1,448 679 47% $1,522,694 38% FY 08-09 69 23 1,414 744 53% $1,106,260 -22% FY 07-08 59 27 1,104 817 74% $1,418,819 -36% FY 06-07 58 33 1,014 766 76% $2,315,026 54% FY 05-06 58 37 932 780 84% $1,564,430 104% FY 04-05 34 22 687 566 82% $766,942 24% FY 03-04 15 12 275 225 82% $614,140 (program inaugurated)

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Transcript.Spring11.Advancement.54-60.V16.indd 5 5/23/11 7:56 AM Upcoming Events Save the date! June 7 Alumni Reception with Newly Admitted Students, Los Angeles June 17-19 Annual Reunion of International Alumni, London JULY 29 Post Bar Exam Happy Hour for Young Alumni and Admitted Students, San Francisco September 30 PARTY STARTERS: Art Shartsis ’71 Citation Award Dinner, (left) and Noel Nellis ’66 San Francisco chair Boalt’s 2011 Reunion Campaign. October 1 Alumni Day, Berkeley Class Reunion Dinners, Berkeley Reunion Campaigns December 2 State Bar Admissions Ceremony, Kick into High Gear Berkeley AlumNetwork Connect now to Boalt’s More than 50 volunteers have signed on to help plan reunion online community, celebrations and raise funds for class gifts where you can: n Search the alumni eunion campaigns for graduates in with favorite faculty members, and reflect on directory for class- classes ending in 1 and 6 are officially how your Boalt Hall education and experi- mates and view and under way, and update your profile ence made a difference in n Keep up with job will help com- your life,” Nellis says. openings and Boalt plete the final stages of the Class reunion events Class reunion events will community news and R events law school’s $125 million will be held during be held during Alumni Campaign for Boalt Hall. Weekend, September 30– n Share your news and Alumni Weekend, read class notes from More than 50 volunteers October 1, in Berkeley and fellow alumni from classes spanning 1961 September 30– San Francisco. All gifts and n Join our mentor direc- through 2006 have commit- October 1, in Berkeley pledges made from January tory to help Boalt stu- ted to helping plan reunion 1 through December 31 dents seeking career and San Francisco. advice celebrations and raise funds will count toward class n Join Boalt commu- for class gifts. Noel Nellis anniversary gifts. nities on Facebook, ’66, a partner in Orrick, “Our reunion is also an LinkedIn, and Twitter Herrington & Sutcliffe’s San Francisco office, opportunity,” says Shartsis, “to return to the Visit http://www.law. and Art Shartsis ’71, a founding partner of school and see the dramatic and transforma- berkeley.edu/alumnet- Shartsis Friese, are chairing the overall effort. tive architectural changes that alumni contri- work to learn more. “Reunion is a unique opportunity to social- butions and future commitments helped make ize and network with classmates, reconnect possible.” —Megan Smith

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Transcript.Spring11.Advancement.54-60.V16.indd 6 5/23/11 7:56 AM ADVANCEMENT Sizing Up Cy Pres Awards

Class action funds help fuel student training opportunities

or many lawyers, “cy pres” jogs hazy profile class action settlements. recollections of an obscure term they “We’ve been very fortunate to have cy pres needed to learn for the bar exam. But support for research and events that help bring for Boalt Hall, cy pres awards have to light important privacy and consumer pro- Fbeen a critical source of support for key protection issues, especially those generated by grams and projects. new technologies,” says Samuelson Clinic co- Cy pres awards are class action funds that, for director Jason Schultz ’00. “This aligns well whatever reason, cannot be claimed by class with our mission both as an education institu- members or beneficiaries. Under the cy pres tion and as a convener of key policy conversa- doctrine, courts can distribute these residual tions.” funds to causes that align with both the focus of Over the past few years, courts have begun the claims and the recipients of the settlement. developing more structured procedures for Throughout the U.S., courts have distrib- submitting proposals to receive cy pres funds. uted cy pres awards ranging from thousands to These proposals can identify several con- millions of dollars to fund civil legal services. sumer-related legal research areas for consider- In addition to specific projects, these awards ation, such as business, social justice, the envi- often fund operational costs for legal aid orga- ronment and energy, consumer protection, nizations, allowing them to provide needed privacy, health care, and the death penalty. services within their communities. “Cy pres awards have been extremely benefi- Since the start of the Campaign for Boalt cial to our ability to provide students with Hall in 2005, law school programs have hands-on training,” says Jennifer Urban ’00, received more than $5 million in cy pres who co-directs the Samuelson Clinic with MAKING IT COUNT: The Samuelson Law, awards. In 2006, the Berkeley Center for Law Schultz. “They’ve also strengthened our ability Technology & Public and Technology (BCLT) received the first to partner with other groups to impact key pol- Policy Clinic, co-directed such payout, from a major privacy rights class icy issues.” by Jason Schultz ’00 and Jennifer Urban ’00, action settlement. Since then, Boalt’s That’s why Urban and Schultz urge Boalt’s has used cy pres awards Samuelson Law, Technology & Public Policy alumni and friends to be aware of and com- to effectively influence Clinic, Center for Law, Energy & the municate potential cy pres opportunities they policy on issues such as privacy and consumer Environment, and Death Penalty Clinic have encounter, either while working on a class protection. also received substantial awards from high- action case or simply hearing about one. Boalt’s Alumni Center, which fields inquiries and helps direct leads about cy pres funding to appropriate faculty members or programs, can be reached at 510.642.0158. “Boalt is doing all kinds of amazing things that might support a class’ interests in a given case,” Urban says. “Cy pres funds can be an excellent source of support for work that fur- thers those interests and that connects to the school’s research, teaching, and service mis- sions.” —Andrew Cohen

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Transcript.Spring11.Advancement.54-60.V16.indd 7 5/24/11 9:52 AM All in the BOALT CLASS NOTES family

1954 set in San Diego, was pub- Judges. The national orga- Robert Stone will serve as lished in July 2010. nization seeks to expand president of the American the number of jurisdictions Board of Trial Advocates with courts devoted to busi- (ABOTA) next year. 1964 ness cases, and to enhance ABOTA is a national organi- Penelope Cooper was the abilities of judges trying zation of 6,700 trial lawyers inducted into the Trial such cases. Brian sits on the and judges dedicated to pre- Lawyer Hall of Fame by the Sacramento Superior Court, serving the right to civil jury Litigation Section of the where he tries civil and com- trials as guaranteed by the California State Bar. The plex civil cases. He was pro- Seventh Amendment. award was presented jointly to filed in the January 25 and 26 Penelope and her former law editions of the Daily Journal/ partner, Cristina Arguedas, Recorder legal newspapers. 1959 who teaches Criminal Trial S.L. Scheff has published Practice at Boalt. The Cow in the Parking Lot: A Zen Approach to Overcoming Anger with co-author Susan 1965 Edmiston. “It is the start of at Theodore Olson was least an avocation in my 50th appointed by President year of practicing law,” he Obama to the Council of the says. The book is licensed for Administrative Conference a Chinese and a German edi- of the United States, which Your tion. S.L. says his publisher aims to improve the pro- Classmates believes “it will be translated cedures by which federal Want to into perhaps 15 languages.” For agencies conduct regula- Hear from the past decade, S.L. has been tory programs and admin- You! giving a workshop to lawyers ister grants and benefits. on ways to avoid burnout. The former U.S. Solicitor 1966 General also received a win- Kenneth Miller was one of CONTACT US ONLINE: www.law.berkeley.edu/alumnetwork ning verdict for the plaintiffs six homebuilding leaders 1962 in Perry v. Schwarzenegger, in inducted into the California CONTACT US BY EMAIL: Richard Hicks [email protected] was recently which a federal judge ruled Homebuilding Hall of Fame selected Attorney of the Year that Proposition 8—the last year. His selection was CONTACT US BY MAIL: Boalt Hall Alumni Center by the San Diego Volunteer California ballot measure based upon contributions University of California, Berkeley Lawyer Program for his 13 prohibiting same-sex mar- to the long-term advance- School of Law years of pro bono service in riage—was unconstitutional. ment of the homebuild- 2850 Telegraph Avenue, Suite 500 Berkeley, CA 94705-7220 its domestic violence clinic ing industry in California. in North San Diego County. Brian Van Camp was elected Kenneth was the first attor- His sixth novel, Crossing a director of the American ney inducted in the Hall of Borders, a murder mystery College of Business Court Fame’s 26-year history.

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Transcript.Spring11.ClassNotes.61-74.V09.indd 1 5/23/11 12:04 PM CLASS NOTES

Reynato Puno ’68 A Justice for the Ages Leaves Lasting Legacy Ironically, only the law could slow Reynato Puno’s legal career. Puno ’68 stepped down as chief justice of the Philippines Supreme Court on May 17, 2010: his 70th birthday. “In my country, that’s the mandatory retirement age for justices,” Puno says. “In the United States, of course, it’s a bit different.” Puno spent nearly 40 years in government service—the last 17 on the Supreme Court. While patterned after the U.S. model, the Supreme Court of the Philippines does feature a major difference: legislative powers to promulgate rules and regulations. That enabled Puno, in his three and a half years as chief justice, to enact writs protecting civil and political rights, create a small-claims court system, and strengthen environmental protections. Although he now describes himself as a “plain citizen again,” Puno remains a leading advocate for overhauling the Philippines’ 1987 Constitu- tion, to make it more responsive to the needs of the times. He asserts that his country’s unitary form of government does not suit a nation with many dialects, islands, and multicultural components, and has pushed for creating a Constitutional Court, separate from the Supreme Court, to handle constitutional cases. An outspoken champion of human rights, Puno drove an aggressive campaign to end the widespread killing of journalists and activists during his time as chief justice. He also tackled judicial corruption by creating a review process for monitoring impropriety throughout the court system. “Immediately after taking office, I issued an order that banned judges from hiring spouses in their offices,” Puno says. “Then we administratively sanctioned many outlaw justices, and were able to suspend or dismiss quite a number of them.” Puno also designated special courts to handle environmental cases, and strengthened the court’s role in protecting the nation’s ecology. He calls environmental degradation “the No. 1 problem in the Philippines, if not in the majority of Asian countries.” Widely credited for bringing the judiciary branch closer to Filipino citizens, Puno insisted that his court be called the “People’s Court” rather than the “Puno Court.” Toward that end, he introduced mobile courtrooms that travel to rural areas and jails, where they provide prisoners legal and medical services. “I like to think our Supreme Court did a lot to protect citizens’ rights over those three and a half years,” he says. Last year, Puno returned to Berkeley to receive the university’s Haas International Award. He holds fond memories of his LL.M. year at Boalt, during which he saw Martin Luther King and Robert Kennedy speak on campus. “My experience in Berkeley solidified my belief and faith in democracy as the best form of government,” Puno says, “and the best way to protect the people’s rights.” —Andrew Cohen

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Transcript.Spring11.ClassNotes.61-74.V09.indd 2 5/23/11 12:04 PM 1967 mayor who has led both a New Jersey Network pro- Rosalyn Chapman recently tech start-up and award- gram “Due Process” and is retired from the bench, winning nonprofits, has a Fellow of the American In Memoriam where she was sitting as joined the John S. and James College of Trial Lawyers and Magistrate Judge in the L. Knight Foundation as American Board of Criminal George Aye, Jr. ’41 U.S. District Court for program director for San Lawyers. Stephen R. Barnett the Central District of Jose and Silicon Valley. Melanie Bellah ’72 California. Honorable Jamie Jacobs- Thomas F. Brewer ’51 May Russell J. Brubaker ’86 (Ret.) has joined Judicial Winfried Brugger ’81 1973 Arbitration and Mediation Paul E. Buechner III ’54 1968 Russell Atkinson was named Services, Inc. as a mediator, John R. Burton ’49 A.L. Benassi and his wife, to the 2010-11 Civil Grand arbitrator, and discovery mas- August F. Cetti ’48 Patricia Benassi ’69, were Jury for Santa Clara County. ter. He brings more than 20 Charles A. Claesgens ’71 again honored to be selected years of judicial experience William K. Coblentz as Leading Lawyers and and the title of 2010 Santa Alec L. Cory ’39 Gordon E. Davis ’55 Super Lawyers for the State Clara County’s “Outstanding Stuart R. Dole ’49 of Illinois for the year 2011. Jurist of the Year.” Ronald F. Dominguez ’93 Donald P. Falconer ’47 Gary Cohen, Senior Philip Frickey 1970 Corporate and Finance Paul M. Geary ’54 William Vasconcellos writes, Partner at Sidley Austin Doris Godinez-Phillips ’82 “After graduating from in Los Angeles, has been Richard Goldman Boalt, I went to work as named special business William L. Gonser ’59 John M. Hartenstein ’91 a law clerk for the Idaho counsel to the Financial Roland E. Iversen ’55 Supreme Court in Boise. Crisis Inquiry Commission. Jess S. Jackson, Jr. ’55 Following my clerkship, I Part of the Fraud Enforce- Richard B. Johnson ’66 practiced law with a Boise ment and Recovery Act, the June Kadish law firm before becom- commission is charged with William H. Keiser ’63 ing an investment consul- examining the domestic and Harry Kevorkian ’51 tant in 1989 … In 2001, I global causes of the current Lindsay K. Kinneberg ’07 William H. Lally ’48 was designated a Certified 1974 financial and economic cri- Douglas M. Letts ’64 Investment Management Raymond Brown, chair of sis in the U.S., and reporting Harold L. Levy ’35 Analyst.” Now with UBS in the White Collar Defense its findings to Congress, the Ellen L. Lutz ’85 Boise, William focuses on and Corporate Compliance president, and the American Fred P. Lynch ’55 advising successful individ- Group at Greenbaum, Rowe, people. Donald H. Maffly ’61 uals and providing access Smith & Davis, delivered George A. Malloy ’58 to “some of the world’s remarks at a December Gerald D. Marcus ’41 Jay R. Martin ’52 most prestigious separate U.N. conference on the par- 1975 Cheryl K. Nicholas ’85 account managers, includ- ticipation of victims before Nevenka Morris, although Charles O’Brien ing muni bond managers the International Criminal semi-retired, has been Virgil P. O’Sullivan ’47 … In the winter, Jena and Court (ICC) and the role active as the successor David L. Perry ’66 I generally spend two or of legal representation. trustee and executrix of a Nancy Rayburn ’02 three days a week skiing in Raymond has represented multimillion-dollar estate Daniel I. Reith ’64 Sun Valley. Classmate Tom Darfur genocide victims with foreign beneficia- Patricia R. Roberts ’70 Salinger Sharon D. Roseme ’78 came to ski with us before the ICC for several ries. Responsibilities have Joseph W. Ruff ’66 the season before last. We years. He also spoke at an entailed managing, selling, Philip Selznick recently had dinner with Association of the Bar of terminating, or donating, David K. Smith ’68 Tom and his wife, Lynda, in the City of New York event as appropriate, real proper- Michael E. Smith Southern California.” entitled, “Reflection on the ties, financial accounts, a Judith L. Soley ’70 ICC Review Conference: collection of cars, pensions Lloyd E. Somogyi ’42 Examining its Successes, in various countries, and, of Gail A. Strader ’44 1971 Failures and Impact on course, distributing the net D. Larry Thorne ’55 Judith Kleinberg, an attor- Africa.” Raymond hosts proceeds. She has found the ney and former Palo Alto the Emmy Award-winning project engaging because it

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Transcript.Spring11.ClassNotes.61-74.V09.indd 3 5/23/11 12:04 PM Paul Hall ’75 draws on her education in law and languages, and her experience in real estate, Investing in the UCs finance, taxation, cross-cultures, problem-solving, and resourcefulness. Nevenka’s When Paul Hall ’75 looks at California’s steadily declining support of higher education over the joie de vivre interests include past four decades, he sees an entire state in peril. Argentine tango-dancing Hall—who attended the University of California, Santa Cruz for little more than $600 a year—regularly and periodic visits to visits Sacramento to lobby on the UC’s behalf. Urging legislators to view the UC “as an investment item, Buenos Aires. rather than a cost item,” he foresees an ominous future if they follow last year’s $500 million reduction in funding with another $500 million cut in the current proposed budget. “The UC system is a tremendous force for innovation, economic prosperity, and social equality,” Hall 1977 says. “It’s a major reason why the state has fared so well over the last 100 years, and it’s absurd to disin- Jonathan Bass’s San vest in such a profitable enterprise. If we eat the seed corn today, what are we going to plant next year?” Francisco law firm, With the United States shifting from manufacturing to a primarily knowledge-based economy, Hall Coblentz, Patch, Duffy & argues that California’s prosperity is driven by its residents’ intellectual capital. “We’re the eighth-largest Bass, was recognized as economy in the world,” he says, “but that won’t last if our universities continue to get short shrift.” the California State Bar A partner at DLA Piper in San Francisco, Hall is no stranger to funding debates. As a UC Regent from President’s 2010 Pro Bono 1991 to 1993, he saw firsthand the challenges of operating a “gigantic and complicated enterprise.” Law Firm of the Year. The While he credits the system’s commitment to financial aid, Hall laments that middle-class students are award, which annually hon- getting squeezed. “For an average-income family with three kids,” he says, “sending them all to a UC ors a California law firm for school has begun to look insur- extraordinary pro bono ser- mountable.” vice, recognized Coblentz Hall’s actions certainly under- attorneys’ contribution of score his words. Despite a heavy more than 4,700 pro bono workload as a class-action hours in 2009. defense lawyer, he has served the law school as Boalt Hall John Gilligan, a partner at Alumni Association president, Schottenstein Zox & Dunn Partners in Leadership captain, in Columbus, Ohio, was and class reunion committee included on the 2011 Ohio member. He is also a past presi- Super Lawyers list. He was dent of the UC Santa Cruz Alumni designated among the Top Association, and has been a 50 Lawyers in Columbus Trustee of the UC Santa Cruz (joining just eight other Foundation for the past 20 business litigators) and years. among the Top 100 Lawyers “I do it as a labor of love in Ohio (joining just 23 because I want to give back,” other business litigators). says Hall, who led Nixon Pea- body’s national financial institu- David Louie has been tions litigation team before join- appointed Hawaii Attorney ing DLA Piper last year. “I lived a General by Governor Neil dream that was enabled by Abercrombie. Prior to strong state support, but my par- being appointed, David ents grew up very poor in the was a partner at Roeca Depression and couldn’t afford Louie & Hiraoka and has to go to college. I don’t want to been a practicing trial law- see that happen to a whole new yer for over 30 years. He generation.” —Andrew Cohen is also a former president, vice-president, and director of the Hawaii State Bar Association.

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1978 Brent Award. Established his Supreme Court Justice Clothilde Hewlett won Janet Alexander is teach- by the ABA Commission on wife, Sylvie, and his lawyer- the Excellence in Service ing federal courts, complex Women in the Profession in partner son, Oliver … They Award from the Cal Alumni litigation, the civil jury, and 1991, the award recognizes could not have been more Association (CAA). The terrorism and the courts at and celebrates the accom- welcoming.” honor recognizes UC Stanford Law School. She plishments of women law- Berkeley alumni who have writes, “Our older daugh- yers who have excelled in provided outstanding vol- ter, Katy, is in her last year their field and have paved untary service to the CAA at Boalt; the younger is a the way to success for other and/or the university. A junior in college.” women lawyers. partner at the San Francisco office of Nossaman LLP, Constance de la Vega writes, Harris Kershnar has been Clothilde received the “The U.S. Supreme Court recognized in the 2011 edi- award at the university’s cited my law review article tion of The Best Lawyers in annual Charter Gala cele- and an amicus curiae brief America and is now one of bration on April 9. I submitted inGraham v. a select group of attorneys Florida on May 17, 2010. The who have been listed for 10 Court held that life sentences consecutive years. Harris’ 1980 without the possibility of recognition is based on Kelvin Filer was “humbled, parole for offenders under his expertise in the field of honored, and proud to the age of 18 are unconstitu- labor and employment law. be included in the initial tional when no homicide is The Best Lawyers in America 1979 class of inductees for the committed.” The law review is an advertisement-free Michael Hartmann writes, new Alumni Hall of Fame and brief filed on behalf of publication that reaches “Hello! From the U.N. at my high school alma five NGOs and 10 bar asso- the largest and most tar- to USAID, and from mater—Compton (Calif.) ciations from around the geted audience of any peer- Afghanistan to Indonesia. Senior High School.” Kelvin world urged the Court to fol- review listing in the legal After nine years in Pakistan, recently published his first low international law, which profession. Bosnia, and Kosovo, fol- book of poetry, Race Ipsa prohibits all life sentences lowed by five years in Loquitur: A Poetic Diary of without parole for offend- Edwin Lee was sworn in Afghanistan, mostly with My Journey from Compton ers under 18. The U.S. is the as the 43rd Mayor of the the U.N., I’ve taken a post- to the Los Angeles Superior world’s only country where City and County of San conflict zone break by mov- Court Bench. He describes it juveniles are serving such Francisco in January. The ing to Jakarta and joining as “basically a poetic diary,” sentences. Human Rights former City Administrator the USAID C4J rule of law and notes that Chapter 2 Advocates, created at Boalt is the first Asian-American project as its Advisor to the —the “The Scales of by a number of alumni and mayor in San Francisco Attorney General’s Office Just-Us”—deals exclusively former dean Frank Newman, history. Edwin joined the (AGO) of Indonesia.” with his experiences as a was an NGO represented in City and County of San Michael works with first-year Boalt student. the brief. Francisco in 1989, and Indonesian counterparts to has since served as execu- assist the AGO on reform, tive director of the Human including ethics, bureau- 1981 Rights Commission, direc- cratic organization and Kathryn Duke accepted tor of City Purchasing, and business processes, training a position as director of director of the Department management and develop- Public Health Trust in of Public Works. ment, and uniformity in Oakland. She writes, “As investigation, charging, and someone who pursued pub- Holly Fujie, president of sentencing. He hopes to lic health and law degrees at the Boalt Hall Alumni design a research and writ- the same time, I have come Association Board, met ing project on rule of law, full circle in my new posi- up with International impunity, and peacekeeping tion. This nonprofit offers Association of Boalt Alumni lessons not learned, and to public health grant-making Elizabeth Cabraser (center) President Aime Mandel ’73 find a fellowship or teach- and consultation for attor- was honored by the ABA on a recent trip to Paris. ing post upon returning to neys and judges involved

tktkt with the 2010 Margaret “We had dinner with Aime, the U.S. in litigation settlements

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relating to any aspect of Center’s Vern Countryman cases, I was appointed by current co-vice president of public health protection Consumer Law Award, Governor Schwarzenegger the Overseas Board of the and promotion. I enjoy Gail is a member of the to the Los Angeles Superior International Association of helping bridge the gap American College of Court in December 2010. I Korean Lawyers. between public health ter- Financial Services Attorneys am presently sitting in Van minology and programs and a board member of Nuys and looking forward to that are often unfamiliar to the Oakland-based Public a new career on the bench.” 1984 attorneys, and the legal lan- Interest Law Project. She Victoria Nourse was nomi- guage and processes that has published articles on nated in July by President can be equally unfamiliar to payments law, FCRA pre- 1982 Obama to serve on the U.S. people working in a range of emption, the revision of Virginia Phillips, a federal Seventh Circuit Court of public health programs.” UCC Articles 2 and 9, and judge at the U.S. District Appeals. She is the Burrus- the cy pres doctrine. Her Court for the Central Bascom Professor of Law at Joan Donoghue, the work has been published in District of California, the University of Wisconsin U.S. State Department’s the Chicago-Kent, Loyola, declared unconstitutional School of Law, where she Principal Deputy Legal Washington University, and the “Don’t Ask, Don’t Tell” joined the faculty in 1993. A Adviser, was nominated by Alabama law reviews. Gail law governing gay, lesbian, prolific scholar, Victoria has the U.S. National Group and her husband, Hugh and bisexual members of the written extensively on crimi- to serve as a judge on the Barroll, have two grown U.S. military. Her opinion nal law, legislation, consti- International Court of sons and a daughter-in-law. described the law as a viola- tutional history, and the Justice. She was congratu- tion of First Amendment separation of powers. She lated on her nomination by F. Daniel Leventhal lives and rights to freedom of speech is also well known for her Secretary of State Hillary works in London, with a sec- and Fifth Amendment role in assisting then-Sen- Clinton. (See more, page ond office in San Francisco, guarantees of substantive ator Joseph Biden in draft- 44). and has been admitted as due process. Since 1993, ing the landmark Violence a solicitor in England and “Don’t Ask, Don’t Tell” Against Women Act, part Elyce Santerre is the Wales. He is a partner in has restricted the military of the Biden-Hatch Violent senior civilian attorney the Financial Transactions from efforts to discover Crime Control and Law for the joint Elmendorf- Practice Group for closeted gay, lesbian, and Enforcement Act of 1994. Richardson military base in Morrison & Foerster and bisexual service members or Anchorage. After 14 years continues to specialize in applicants—while barring as Chief of Civil Law for banking and finance matters, openly gay, lesbian, or bisex- Fort Richardson, Alaska, with an emphasis on cross- ual individuals from military she became legal advisor border financings. service. to a project team merging Anchorage’s two large military installations. Elyce says 1983 the joint base “has gone fur- Phillip Shinn, a partner in ther in combining the Army the San Francisco office of and Air Force facilities and Fox Rothschild, was hon- separate cultures into one ored as the 2010 Alumnus integrated organization than of the Year by the Korean Paula Boggs has released any of the other joint bases” American Bar Association her debut CD, A Buddha created under the Base of Northern California at State of Mind, available on Realignment and Closure its annual Dinner Gala. iTunes, Amazon, and CD Act. Phillip has over 25 years Baby. She says the 12-track of experience in all phases disc “takes the listener on Gail Hillebrand has joined of complex civil litigation, a journey that explores a the Council of the American Russell Kussman writes, including trial and appellate range of human emotion Law Institute and man- “After practicing with fel- work. He is also a former and is genre defying … the ages the financial ser- low 1981 Boalt Hall alum- president of two bar asso- listener meets songs reflect- vices campaign team. nus Michael Whitehill for ciations, former president ing imperfect love and The 2004 winner of the over 25 years, litigating and of the Korean-American stories of powerful, soul- National Consumer Law trying medical malpractice Chamber of Commerce, and ful, and sometimes funny

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Transcript.Spring11.ClassNotes.61-74.V09.indd 6 5/23/11 12:04 PM observation.” An internet added, “This artist’s best a compliment.” Paula also categories. radio fan said Paula has “an work is ahead of her … A became a Grammy Awards enigmatic, original voice female Leonard Cohen? I voting member in the vocal- Joseph Hayes published the with great feeling,” and think so and I mean that as ist, composer, and producer political thriller When No

Nicole Wong ’95 Netscape and Yahoo!. In 1999, she joined Perkins Coie and eventually led a team of attorneys specializing in inter- Keeping Policy on net law—including online content regulation, intellectual property, privacy, security, and eCommerce—while represent- Pace with the Internet ing media clients such as the Hearst Corporation, Disney, General Electric, Microsoft, and Amazon. Wong moved to Google in 2004 as senior compliance counsel. But her work soon expanded to include supporting Google’s product teams from development through product launches, handling privacy, content regulation, trademark, copyright and consumer protection matters, and minimizing risk. “We think about compliance as early as possible in the design of a product,” says Wong, who now oversees 31 lawyers and specialists in copy- Being first has become second nature to Nicole Wong ’95, vice right, privacy, and law enforcement issues, as well as a large legal president and deputy general counsel for technology giant Google. compliance team. “Does it need to collect data or not? Is it collecting Among the first to obtain a dual law/journalism graduate degree snippets or full content? Thinking that through as your engineers from UC Berkeley, she was a founder of the Asian Law Journal, its code material is great fun.” first editor-in-chief, and Google’s first lawyer to oversee the design of Wong serves on the First Amendment Coalition’s board of direc- regulatory compliance into a product’s features. Throughout, she tors and the UC Berkeley Graduate School of Journalism’s advisory has stayed a step ahead on internet law and policy. board. She has appeared before Congress several times on internet “From my vantage point, the internet is the most democratized policy issues, and has taught media and internet law courses at UC platform for free speech that we’ve ever had,” Wong says. “I wanted Berkeley, Stanford, and the University of San Francisco. to be out front as this medium grew, because the principles underly- “The law struggles to keep pace with all the rapid changes in tech- ing free expression and access to information are embedded into nology,” Wong says. “The key is knowing what the law’s underlying having a robust internet.” principles are and why they exist. If you know those well, you have a After graduating from Boalt, Wong took a position at Steinhart and solid foundation for applying current law to internet matters. And Falconer. By 1997, her traditional media clients began posting con- sometimes you make up a new answer and hope it works.” tent online. Within a year, Wong was representing then-startups —Andrew Cohen

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One Is Watching, in which career, and Danny Moran, and integrity to reveal the City. She practices general he questions what it means a struggling alcoholic des- true meaning of success. civil litigation at the trial to be truly successful. The perately trying to put his and appellate levels. Her book follows two friends, life back together after los- practice is diverse, with Blair Van Howe, a brilliant ing everything. Against the 1985 an emphasis on complex and charismatic politician backdrop of rugged Chicago Kirsten Spira has been business, employment, seemingly willing to sacri- politics, ambition and cor- elected partner at Steptoe environmental (including fice anything to advance his ruption collide with ethics & Johnson in Century CERCLA), unfair com-

Mario Martinez ’98 Field of Dreams Some passions for social justice start early. Really early. Mario Martinez ’98 was just seven when his beliefs began to take shape. The son of farm workers, he spent summers toiling in the fields with his parents and siblings, enduring heat and brutal working conditions. “I saw a lot of injustice,” Martinez says. “The way people were treated wasn’t right. They were pressured to work all day without breaks. It wasn’t uncommon for workers around me to suffer heat stroke or faint in the fields because they weren’t given enough water. When you’re just seven years old and you see someone pass out, it’s scary. I knew workers deserved better.” Once Martinez learned that lawyers could act as advocates for farm workers, he set his sights on law school. Thanks to Boalt’s Loan Repayment Assistance Program (LRAP), Martinez and others who are committed to working in public service can make career decisions guided by passion, rather than a paycheck. The LRAP program grants up to 10 years of full law school debt relief to Boalt graduates earning up to $65,000 a year in public-interest or public- sector jobs, and partial support to those earning up to $100,000. “If law students graduate with a large amount of debt, it can be difficult to choose a public-interest career,” Martinez says. “Those jobs typically pay less than other opportunities that might be out there. With the LRAP program taking care of a substantial portion of the monthly loan payment, graduates don’t have to experience such a heavy debt burden.” After earning his JD at Boalt, Martinez started a two-year training project to help community leaders, organizers, and workers identify employment violations, and to represent those workers before state and federal agencies and courts. Today, he is fulfilling his childhood vision as he continues to represent individual farm workers and the United Farm Workers of America in cases involving such matters as gender discrimination, sexual harassment, union representation, and wage and hour violations. “It’s very satisfying to be part of an effort that leads to a positive change in working conditions,” Martinez says. “Farmworkers deserve to be treated humanely and fairly. They need a voice in their workplace.” Gifts to the LRAP program can be game changing for Boalt Hall graduates as they consider careers. Choosing work because it’s fueled by passion gets easier when the economics are workable. And jobs fueled by passion, as Martinez makes clear, are the very best jobs of all. —Ben Peterson

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Transcript.Spring11.ClassNotes.61-74.V09.indd 8 5/23/11 12:04 PM petition, and shareholder out to be a former judge the mutual fund industry. and beyond. Steve prac- disputes. Kirsten’s experi- who holds a $73 million Indira is currently a partner tices business litigation at ence includes lead counsel lottery ticket that expires at Segal Roitman, where she Reuben Raucher & Blum. and secondary roles at trials in 24 hours. Years ago, the specializes in federal and (bench and jury), arbitra- media destroyed Emma and state court litigation. tions, and governmental her family in a bitter recall 1993 administrative hearings. election. Emma wants to Eric Steinert has rejoined She has been recognized by stop the media from publi- 1990 Seyfarth Shaw as a part- Southern California Super cizing her name as the lot- Juliet Davison is the founder ner practicing labor and Lawyers for business litiga- tery winner. If Dianne wins and manager of Davison employment law in its San tion each year since 2006. Emma’s case, her money Law in Boston, where she Francisco office. He returns troubles will be over. If specializes in employment from a three-year stint as an Barri Bonapart has joined Dianne loses, Emma will law, probate litigation, and employment lawyer in the San Rafael-based Resolution lose $73 million. For more business litigation. She financial-services industry, Remedies’ alternative dis- information, visit http:// would love to hear from any working for Wachovia and pute resolution panel as a www.24hourlotteryticket. classmates or Boalt gradu- Wells Fargo. Prior to that, mediator and arbitrator. She com. ates in the area. Eric worked in Seyfarth joins the panel with over 25 Shaw’s Los Angeles office years of law experience. as a labor and employment 1991 partner and associate. He David Ball received the now lives in Orinda with 1986 Outstanding Young his wife, Anna, daughter Donna Garr recently Lawyer Award from the Summer, and border collie accepted a position in Nonprofit Organizations Coco. Phoenix as Counsel at Committee of the ABA Matrix Medical Network, Section of Business Law. which provides high-risk He was also nominated for member management the Outstanding Nonprofit services to health plans Lawyer Award. The commit- throughout the country. tee cited David’s career-long She lives with her family in nonprofit accomplishments, nearby Scottsdale. 1988 including his development Kevin Quinn was appointed of Interfaith Legal Services Laura Trejo was awarded the president of the University of Ohio, which provides pro 2010 Damon Whitehead of Scranton, and will assume bono legal representation to Community Charitable his new duties in that role the needy through church- Volunteer Service Award on July 1, 2011. Prior to the and synagogue-based from the U.S. Department appointment, Reverend attorneys. of Transportation, Office of Quinn was a Jesuit professor Eugene Pak has joined the General Counsel. of law specializing in health Wendel, Rosen, Black & care ethics at Santa Clara 1992 Dean as a partner in the University. He also taught Stephen Raucher was sworn firm’s Intellectual Property 1987 law at Georgetown for 16 in as president of the Beverly Practice Group. Eugene Gayle Tiller is the author years. Hills Bar Association on joins the firm from DLA of 24 Hour Lottery Ticket, a September 28, 2010. The Piper in San Francisco with suspense novel about law- Indira Talwani was named keynote speaker at the more than 15 years of IP and yer Dianne Canton, who one of the 2010 Lawyers of Installation Dinner was litigation experience. has lost her apartment and the Year by Massachusetts Andre Birotte, Jr., U.S. car and lives in her run- Lawyers Weekly. The publi- Attorney for the Central down office in downtown cation recognizes her ongo- District of California. 1994 San Jose. When Emma ing case against Fidelity The Beverly Hills Bar Scott Stratman has become Watkins knocks on her Investments, in which she Association has over 3,500 the managing attorney door, Dianne thinks she’s a is applying whistleblower members, serving the for Valerian Patterson & bill collector. Emma turns protection to workers in Westside of Los Angeles Stratman, a 16- lawyer staff

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counsel office for Farmers iPad, Nook, and Sony, plus plan the Northern District ing that legal outsourcing has Insurance. Scott is the eighth paperbacks. One project is Judicial Conference, and a place as one of many tools managing attorney since the to republish classic work in will represent the district available to law firms and law firm’s establishment in 1933. law and the social sciences, at the 9th Circuit Judicial departments, he is generally and one of the first works Conference. skeptical about the benefits published in that series was of outsourcing. Robert’s Sanford Kadish’s book, Joseph Jaramillo was background includes expe- written with his brother, recently promoted to part- rience in the LPO, biotech, Mortimer, Discretion to ner at Goldstein, Demchak, and software industries. Disobey.” Over the next year, Baller, Borgen & Dardarian Steven will publish new in Oakland. Erik Silber taught crimi- manuscripts and classics nal procedure for the first from several Boalt profes- time last fall at the USC sors and graduates, as well 1996 Gould School of Law. He as professors at several other William Grantham writes, still works for the U.S. top law schools. “I’ve started a boutique Attorney’s Office in Los entertainment and litiga- Angeles, but has been on tion firm in Beverly Hills loan since April 2010 to with five other lawyers. It’s the Executive Office of the 1995 a liberating feeling! We’re President, Office of the Valerie Alexander is launch- Rufus-Isaacs, Acland & U.S. Intellectual Property ing Alexander Continuing Grantham—I hope my old Enforcement Coordinator, Legal Education (www. friends will be in touch.” in Washington, D.C. alexandercle.com) and its flagship class, “Legal Jonathan Eisenberg Ethics in Popular Culture,” received one of the 2011 1999 based in part on the Legal California Lawyer magazine Priya Sridharan has been Ethics and Professional Attorney of the Year awards. appointed assistant dean Responsibility course she He was recognized for his and dean of students at the taught at Boalt this past work as a deputy attorney USC Gould School of Law. spring. She describes the Stephanie Skaff, a partner general in the Antitrust Law Priya was formerly director class as “a fun, relaxing at Farella Braun + Martel, Section of the California of the law school’s Office way for lawyers to get 9.75 was elected secretary of Attorney General’s Office of Career Services and has MCLE hours in one day, the Bar Association of San for prosecuting two anti- been at USC since 2005. including all ethics and sub- Francisco. Her service will trust cases—one involv- stance-abuse requirements.” begin what is traditionally ing profit-pooling in the Joren Lyons was appointed She and her team created, a four-year tracked board supermarket industry and by U.S. Attorney General produced, and directed 38 commitment, during which the other vertical price- Eric Holder as an immigra- videos about the meaning of she will be subsequently fixing in the cosmetics tion judge in October 2010, marriage equality as a part nominated for the officer industry. Jonathan is now after spending seven years of “The Wedding Matters,” roles of treasurer (2012), in his fourth year as dep- as a staff immigration attor- launched by the Courage president-elect (2013), uty attorney general at ney at the nonprofit Asian Campaign Institute’s and president (2014). the California Attorney Law Caucus. He is now serv- Entertainment Industry Stephanie will also serve General’s Office, where he ing on the San Francisco Equality Team. as a lawyer representative is accompanied by other Immigration Court, which is for the U.S. District Court fellow Boalties. part of the U.S. Department Steven Childress writes, “I for the Northern District of Justice’s Executive Office am the Conrad Meyer III of California—one of only for Immigration Review. Professor of Law at Tulane. six attorneys elected to the 1997 I started a publishing LLC, three-year position that Robert Lee, executive direc- Quid Pro Books, special- began in January. In that tor of Legal Forest, co- 2000 izing in ebooks in law, law role, she liaises between the authored a report on the Heather Elliott and Stuart and society, and legal his- federal bench and members legal process outsourcing Rachels were married tory. We publish to Kindle, of the practicing bar, helps (LPO) industry. While not- on October 24, 2009,

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Transcript.Spring11.ClassNotes.61-74.V09.indd 10 5/23/11 12:04 PM in Atlanta. They live in 2001 Deputy County Counsel. in private practice as a civil Tuscaloosa, Alabama, Shannon Cogan recently She had been employed at litigator, I was ready for a where both teach at the accepted a position at the Berliner Cohen as an associ- change,” she writes. “My University of Alabama. County of Santa Clara as ate. “After almost nine years current assignments with

Wang Junfeng ’00 national Executive Legal Educa- tion program, which is designed to extend the reach of Boalt’s curriculum in other parts of the Making Inroads into world. “Our alumni in Beijing are quite active,” says Wang, who has hosted IAC events and China’s Legal Future received visits from Boalt professors and leaders. “I do my best to help IAC in many ways. As the principal founding partner and management committee It’s good to strengthen the tie with Boalt Hall and to do whatever I can chair of China’s largest law firm, Wang Junfeng—who received his for my beloved school.” —Andrew Cohen LL.M. degree from Boalt in 2000—has had a front-row seat to a fast- changing legal culture. In 1994, just one year after joining King & Wood, he became one of the first lawyers licensed to practice securities law in China. Ten years later, as one of the nation’s most prominent attorneys, Wang served on the China Securities Regulatory Commission. “China’s economy has been scaling up for more than a decade, and the boom is continuing,” he says. “Securities law in China is completely different compared to when we started. Now, it’s pretty much matched with the Western system.” Proposals to open an international stock exchange have been discussed for years, and Wang notes that foreign companies “may be allowed in the China Stock Exchange very soon.” Wang’s quarter-century of legal practice has also focused on finance, mergers and acquisitions, international commerce, foreign investment, and international arbitration. He served on three of Chi- na’s leading arbitration commissions and is legal counsel for the Bei- jing National People’s Congress, a legislative body for which he provides input to help draft laws and regulations. Wang is active in numerous civic endeavors and holds leadership positions for several of them. He believes contributing his knowledge and skills to community programs “is the basic requirement and responsibility of a legal practitioner.” After choosing Boalt over NYU and Harvard for his LL.M., Wang describes his year in Berkeley as “a very good memory.” Now a visiting scholar both in the United States and Europe, he cites Berkeley and Harvard among his favorite stops. Wang is also a member of Boalt’s International Advisory Council (IAC), which seeks to increase visibility and regional ties among alumni overseas. Wang promotes Boalt initiatives such as the Inter-

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the county are to advise the San Luis Obispo. He was their first child, Marcus his next assignment as a Property Tax Assessment recently employed at Robins Alexander Schafer, on June counter-narcotics officer in Appeals Board and repre- Kaplan Miller & Ciresi and 7, 2010. He weighed 9 Mexico City. sent the Public Guardian in Sanchez & Amador as an pounds even and was 21½ conservatorship proceed- associate. Hernaldo writes, inches long. ings and financial elder- “In February of this year, 2005 abuse litigation.” Erica Flores Baltodano ’02 Michael Bracamontes and I moved to San Luis 2004 opened a plaintiff’s side Alicia Vaz has been named Obispo with our two boys Daniel Olmos accepted a civil litigation law office partner at Cox, Castle & and opened up our own firm position in Washington, in October 2008. Most Nicholson’s Los Angeles (www.bbemploymentlaw. D.C., where he will contrib- recently, he and his business office. She started at the firm com). We are settling in, ute to President Obama’s partner, Ryan Vlasak, were as a summer associate in enjoying our beautiful sur- Access to Justice Initiative. named 2010 Attorneys of 2000, and now represents roundings, and looking for- The initiative addresses the the Year by the AIDS Legal clients in high-level litiga- ward to an exciting 2011! challenges faced in meeting Referral Panel. tion and appellate matters. Please keep in touch.” low-income residents’ need for civil legal assistance. Tracy Reichmuth was one of Christopher Schafer and Daniel brings experience 18 associates who were pro- Ramona Mateiu ’03 wel- from his time as Deputy moted by Crowell & Moring comed the arrival of Public Defender in Contra to the position of counsel. their first child, Marcus Costa County and as a law- She was also one of three Alexander Schafer, on June yer at Nolan, Armstrong & attorneys elected to the 7, 2010. He weighed 9 Barton. firm’s partnership effective pounds even and was 21½ January 1, 2011. inches long. Chandra Garry is joining Miller Nash’s Seattle office, where she will be a patent 2002 2003 attorney in its intellectual David Barton has been pro- Brandon Mark has been property practice group. moted to counsel at Crowell named shareholder in Chandra will counsel clients Eran Bermudez (left), an & Moring’s San Francisco Parsons Behle & Latimer’s in all aspects of patent law, associate at Best Best & office, where he is a mem- Litigation, Intellectual ranging from procurement Krieger in San Diego, has ber of the firm’s Litigation Property, and Real Estate and strategic business coun- been elected president of the Group. His practice focuses departments. He has repre- seling to litigation. San Diego La Raza Lawyers on commercial litigation sented clients in state and Association for 2011. A and securities law. federal trial courts around Jeffrey Zinsmeister serves board member since 2006, the country and before as the U.S. Vice Consul to Eran was sworn in at the John Ontiveros has been the Utah Supreme Court, the Republic of Cape Verde, organization’s Scholarship elected to partner at Jackson Utah Court of Appeals, and where he plays a key role Dinner last year. Lewis in the San Francisco U.S. 10th Circuit Court of in deciding “who gets U.S. office. He was among 19 Appeals. Brandon’s practice visas and who does not,” Jackson Lewis attorneys focuses on commercial dis- and in “helping Americans 2006 across the country elected to putes, mass torts, and the with both citizenship issues Philip Milestone, Karen partner. John has significant enforcement of intellectual (like passport issuance and Stambaugh, and Joe Morris experience in labor law and property rights. In 2010, registering U.S. citizens started a new law firm, litigation, including union Brandon was recognized born abroad) and emergen- Mod4. Their vision is to negotiations, organizing by Mountain States Super cies (like arrests and deaths give a different tone to how campaigns, and unfair labor Lawyers as a rising star in the abroad).” Despite a popula- law is practiced, one that is practice proceedings. fields of class actions and tion of only 500,000, Cape more personable and cost- mass torts. Verde is home to many dual effective. The name, Mod4, Hernaldo Baltodano citizens and immigrants. comes from the module recently opened Baltodano Ramona Mateiu and Jeffrey will leave in October where they all met at Boalt. & Baltodano, a boutique Christopher Schafer ’02 for Washington, D.C., and Mod4’s focus includes employment law firm in welcomed the arrival of five months of training for contract negotiation and

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Transcript.Spring11.ClassNotes.61-74.V09.indd 12 5/23/11 12:04 PM Tim Lindl ’09 An Energetic Voice on Climate Change

Tim Lindl ’09 was all set to work for Thelen LLP’s San Francisco office after graduating from Boalt Hall—until the firm dissolved and left him scrambling for employment. Admittedly rattled, Lindl had two things on his side: substantial energy-law training at Boalt, and a timely treasure from his Renewable Energy Promise and Policy class. “I found a service list attached to a California Public Utilities Commis- sion proposed decision,” Lindl recalls. “It had the name of every lawyer involved in the proceeding, and their full contact information.” He spent winter break cold-calling the entire list, and received “an avalanche of rejections and a flurry of maybes.” One of those maybes, Alcantar & Kahl, hired him to tackle energy issues and—with just six lawyers at the firm—wasted little time test- ing his chops. “I was in a hearing room three days after I passed the bar,” Lindl says. “It was exciting and terrifying at the same time.” With no energy-regulation or public-utility work experience and no technology or policy degree, Lindl leaned on a decision—made early in his second year at Boalt—to pursue energy-related work in his courses and at the school’s Center for Law, Energy & the Environment (CLEE). Today, the self-proclaimed “energy nerd” has a bustling practice. Lindl handles compliance issues with state utilities agencies, coun- sels clients on standards for electric generator operations and main- tenance, monitors electric transmission policy at the Federal Energy Regulatory Commission, and advocates for fair treatment of cutting- edge generation technology for new electric resources. “Steve Weissman set it all in motion,” Lindl says of the lecturer in residence, CLEE’s associate director, and the leader of Boalt’s Energy and Cleantech Program. “He taught my first energy class. I loved the material, and Steve was the most student-focused professor I’ve had.” Weissman’s course taught Lindl that “you can really make a dif- importance of Weissman’s work, urging increased support of Boalt’s ference in climate-change law. You don’t have to create a new tech- Energy and Cleantech Program, and thanking CLEE for how the nique to produce electricity; you can form the policy within which that school’s energy-law curriculum elevated his career trajectory. The let- technology will operate.” ter’s eloquence is no surprise: At Boalt, Lindl won the Energy and Cli- Inspired, Lindl took more energy classes and became well versed mate Change Legal Writing Award, the American Jurisprudence in state and federal utilities law, computing electricity capacity fac- Award in Renewable Energy, and the Prosser Prize in Energy Regula- tors, and analyzing the chemical composition of coal-fired power tion and the Environment. plants. He also developed ideas with students from other campus “Electricity’s importance as a fuel and power source is escalating, departments at the Energy Resources Group and the Berkeley Energy and the result is an incredibly complex legal landscape,” he says. Resources Collaborative. “Boalt is well positioned to be a national leader in this arena, which is In February, Lindl wrote a letter to Dean Edley emphasizing the very exciting.” —Andrew Cohen

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Department in San General Counsel’s Team Francisco. Previously, Award, and the Secretary of Natalie served as a law Transportation’s Partnering clerk to the Honorable for Excellence Team Award. Leslie Tchaikovsky of the U.S. Bankruptcy Court Joshua Daniels was elected for the Northern District to the school board in of California. She has also Berkeley, where he plans to served as an extern to the support effectiveness in the Honorable Dennis Montali classroom and in interven- drafting, debt counseling, elementary-school-aged of the same court. tion and enrichment pro- and trademark and copy- son and is working on the grams, ensure efficient use right advice. Prior to start- series’ second novel, Blowing Professor Glenn Sulmasy of resources, and advocate ing Mod4, Joe worked for Embers. was appointed chair- for open and transparent Winston & Strawn, Philip man of the Department decision-making. for Bingham McCutchen, of Humanities at the U. S. and Karen for Herrington & 2007 Coast Guard Academy in Sutcliffe. Dawniell Zavala has joined New London, Connecticut, 2009 Nossaman LLP, a firm based this past summer. The Josh Fryday joined the U.S. Lauri Owen has published in Sacramento, as a litigation Department houses vari- Navy as a JAG after gradu- her first novel,Fallen associate. Most recently, she ous disciplines, including ating from Boalt. He has Embers, a paranormal worked at Sacramento-based English, law, foreign lan- been stationed in Japan for romance novel set in an Mastagni, Holstedt, Amick, guages, public policy, his- about a year, about 40 miles alternate, feudal Alaska— Miller & Johnsen, where she tory, intelligence, ethics, south of Tokyo. Following one ruled by a class of focused on employment law. and international relations. the devastating earthquake decadent mages who have Her experience also includes He will continue to coor- and tsunami in March, enslaved the shape-chang- an internship with the Legal dinate and teach courses Josh was called out to sea ing, indigenous peoples. Court Unit of the Contra in International Law and to join the USS Blue Ridge The first in a planned series, Costa County Department Constitutional Law. in coordinating American the book is influenced by of Child Support Services relief efforts for Japan. He is Lauri’s background as a civil and the Contra Costa excited and honored to be rights lawyer and her pas- County Public Defender’s 2008 assisting the Japanese during sion for social justice. It’s Office. Hector Huezo received the nation’s recent harrow- available at Amazon.com, the U.S. Department of ing events. BarnesandNoble.com, and Natalie Lents joined Transportation Office pearlsong.com. Lauri lives Schnader Attorneys at of the General Counsel’s in metro Alaska with her Law’s Litigation Services Rising Star Award, the 2010 Andrew Dufresne joined Michael Best & Friedrich in its Madison, Wisconsin office. He is a member of Matching Gift Programs its Intellectual Property Multiply your giving to Boalt Hall with match-eligible $10,000 to $250,000 gifts. Practice Group, where his practice focuses n Check with your HR office to see if your n Gifts of more than $50,000 that are made to estab- on biotechnology and employer matches your gift. lish new graduate fellowship endowments pharmaceuticals. will have their annual payouts matched 1:1 by the n Gifts made by faculty—including emeriti and Graduate Division. Chengwei Liu current adjuncts/lecturers and their spouses— has writ- staff, and students to endowed scholarship n Ending July 1, 2013, gifts of $1 million to $1.5 mil- ten a new book, Chinese funds will be matched 1:1 by the Chancellor’s lion that establish endowed faculty chairs will be Capital Market Takeover Challenge Fund. Faculty, staff, and students may matched dollar-for-dollar by the William and Flora and Restructuring Guide, also establish new financial aid endowments Hewlett Foundation. which was published by Kluwer Law International in December 2010.

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Transcript.Spring11.ClassNotes.61-74.V09.indd 14 5/23/11 12:04 PM THE BOALT Gift planning: HALL Win. Win. Win. Score a triple play with a FUND planned gift to Boalt Hall. Make a legacy gift ❱❱ and gain tax benefits and, perhaps, lifetime income, depending on the vehicle. Winner: You Make a legacy gift ❱❱ through a charitable lead trust and know that your heirs will pay less in gift and estate taxes. Winner: Your family Make a legacy gift in any ❱❱ form and enable Boalt to benefit from the predictable income and contribution to the school’s long-term stability. Winner: Your school

Put the play in motion by contacting us to discuss mutually advantageous ways of planning your estate. Your heirs will thank you. Your family will thank you. And Boalties of the future will thank you.

To learn more, call 510.643.8170, email [email protected], or visit HTTP://GIVE.LAW.BERKELEY.EDU give.law.berkeley.edu

http://give.law.berkeley.edu

Transcript.Spring11.Cover3.V02.indd 1 5/23/11 8:03 AM University of California, Berkeley School of Law Alumni Center 2850 Telegraph Avenue, Suite 500 Berkeley, CA 94705-7220

Citation Award Dinner alumni day Boalt Hall Alumni Weekend 2011 reunion dinners

You’ve beenALL summoned toRISE celebrate

50th Annual Citation Award Dinner | September 30 Celebrate the accomplishments of the Boalt Hall 2011 Reunion Campaign community with friends and faculty and honor the recipients of the Boalt Hall Alumni Association’s Citation, “As graduates of the classes of 1966 and 1971, Young Alumni, and Faculty Lifetime Achievement Awards. we know the advantages of belonging to a thriving alumni community and the importance Alumni Day | October 1 of giving back. Please join us in making Return to Boalt for a terrific program that includes: plans to attend our Boalt Hall homecoming • showcasing the new South Addition—the centerpiece and contributing toward a class gift that will of many recent upgrades that will enrich school life ensure the law school’s preeminence—and • MCLE presentations from alumni and faculty Boalt’s unique character and spirit—for future generations.” • socializing over lunch and a late afternoon wine- Noel Nellis ’66 and Art Shartsis ’71 tasting reception 2011 Reunion Campaign Chairs

Reunion Dinner for 1s and 6s | October 1 Reminisce with classmates and faculty. Alumni in For graduates in class years ending in 1 and 6, gifts classes 1961, 1966, 1971, 1976, 1981, 1986, 1991, 1996, and pledges made between January 1 and December 31, 2001, and 2006 will celebrate their reunion milestones 2011, will count toward your reunion gift campaign. with an evening at the Claremont Hotel in Berkeley. The event includes a gala reception, individual dinners, and after-party music and dancing.

For up-to-date information: 510.643.9277 | [email protected] | law.berkeley.edu/alumni

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