University of California, Berkeley, School of Law Spring 2019 Vol

UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW SPRING 2019 VOL. 52

ALSO: Three alums to clerk at the U.S. Supreme Court PAGE 10 PATHWAY Berkeley Law ramps up its climate leadership PAGE 12 FOR PATRIOTS New program ignites a A SURGE IN ACTIVE MILITARY AND VETERAN STUDENTS CREATES A POSITIVE sense of community RIPPLE EFFECT THROUGHOUT THE LAW SCHOOL. PAGE 20 PAGE 32 FEATURES COLUMNS 12 Climate 20 Pathway 2 From Warriors For Patriots The Dean AN URGENT AGENDA WELCOME PRESENCE TAKING STOCK Berkeley Law’s environmental An increase of active military Nearly two years into his law program expands its and veteran students is deanship, Erwin Chemerinsky resources, expertise, and enhancing the law school’s conveys why he has “never initiatives to combat climate learning environment in seen such an intellectually change. meaningful ways. vibrant law school.” By Rekha Radhakrishnan By Andrew Cohen

COVER: PHOTOGRAPHY BY JIM BLOCK UCINI ANDREA BY ILLUSTRATION KELLER); AND NATHAN MURRAY (ALLISON BLOCK JIM Contents Spring 2019 Vol. 52

SECTIONS 3 In Brief 8 Forefront 28 Study Hall An Aim to Sustain A High-Yield Legacy Selected Faculty Scholarship

Called to the Border Supreme Trio Political Punch Operation Blastoff 32 Advancement Among the IP Elite Updates from Development & A Sporting First Alumni Relations VC University in Session High Achievers No Time to Spare 37 Class Notes All in the Alumni Family Supporting Survivors Highlights & Pride Points

JOHNSON-FARIAS) (RACHEL SINDEL SHOEY YOUNGBLOOD); (CANDICE BLOCK JIM HERRING; MATT BY ILLUSTRATION TRANSCRIPT SPRING 2019 1 NOW THAT I HAVE BEEN HERE ALMOST TWO YEARS, I HAVE AN ENHANCED SENSE OF ALL THE THINGS THAT MAKE THIS SCHOOL SO SPECIAL. –ERWIN CHEMERINSKY

From the Dean

Dear Berkeley Law Community,

It has been a wonderful academic year for Berkeley Law. Our commencement was May 10, and as always was a wonderful occasion. Now that I have been here almost two years, I have an enhanced sense of all the things that make this school so special. I am continually impressed by all that is done to further the public mission of our law school. I recently learned that 92 percent of our first-year students did pro bono work this year. I know of no other law school in the country where that is true. The class that Transcript just graduated, including both J.D. and LL.M. students, did 19,600 hours of pro bono work. Our clinics continue to do terrific work in representing clients and confronting MANAGING EDITOR & SENIOR WRITER, COMMUNICATIONS issues to improve our community and our world. Our many centers are constantly put- Andrew Cohen ting on programs and issuing reports on a myriad of legal issues and topics. CONTRIBUTING EDITOR On a daily and weekly basis, I am stunned by the number of speakers, workshops, and Craig Lancaster symposia that occur. Almost every day as I enter the law building, I see flyers for multi- DESIGN & CREATIVE DIRECTION ple speakers who will be appearing at our school. Not a week goes by without several Arnaud Ghelfi, l’atelier starno workshops and conferences. I never have seen such an intellectually vibrant law school. CONTRIBUTING PHOTOGRAPHERS I have been especially pleased to see a wide ideological diversity represented on Jim Block many different issues and how the Berkeley Law community has handled that. The law Rachel DeLetto Shoey Sindel school must be a place where all ideas and views are expressed and I have observed

CONTRIBUTING WRITERS that this year. To be sure, there are deep disagreements. But our community this year Rachel DeLetto has modeled civil discourse, where the response generally has been more speech and Andrew Faught Rekha Radhakrishnan not disruptions. Kim Westerman On a personal level, I had the great pleasure of teaching two large classes this year,

CONTRIBUTING ARTISTS Criminal Procedure in the fall and First Amendment Law in the spring. I have been so Matt Herring tremendously impressed by the Berkeley Law students, their enormous talent, their Andrea Ucini intellectual curiosity, and their passion. They give me such great hope for the future of UPDATE YOUR ADDRESS our profession. Email: [email protected] Phone: 510.642.1832 As always, the pages of Transcript provide a sense of some of the wonderful things U.S. Mail: happening at Berkeley Law: the increased number of military veterans in our student Development & Alumni Relations University of California, Berkeley, body, the important efforts of our environmental center and clinic to deal with the crisis School of Law of climate change, our three recent graduates who will soon begin clerking on the 224 Boalt Hall #7200 Berkeley, CA 94720-7200 Supreme Court, and the many impressive accomplishments of alumni, faculty, and students. VISIT WWW.LAW.BERKELEY.EDU Berkeley Law is a unique and very special place. I feel so fortunate to be part of it. Transcript is published by the University of California, Berkeley, School of Law, Communications Warm regards, Department.

2 TRANSCRIPT SPRING 2019 News from the In School Community Brief AN AIM TO SUSTAIN With investors increasingly pressuring companies to make positive societal contributions as well as maximize profits, Berkeley Law has emerged as a leader in the corporate sustainability movement. “To date, the legal community has been largely absent from contributing to the global trend of sustainable finance. One notable exception is the work being done at Berkeley Law,” says Robert Eccles, a University of Oxford Saïd Business School visiting professor and leading authority on how companies and investors integrate environmental, social, and governance (ESG) factors in their decisions. In November, Eccles and other corporate, investment, academic, and nonprofit leaders attended Berkeley Law’s Sustainability Week. Hosted by the school’s Business in Society Institute, it drew participants from BlackRock, Intel, Nestlé, Pepsico, Uber, Salesforce, and more. Programs tackled business, legal, and ethical questions within equity and inclusion, gun control, artificial intelligence, privacy, and other areas. Participants recommended increasing corporate board diversity, adding members with sustainability experience, quantifying ESG measures, and further empowering general counsels. Institute Director Amelia Miazad ’02 has developed and teaches Berkeley Law’s TEAMING UP: Uber Chief Legal sustainability-related courses— Officer and Sustainability Week some of the field’s only offerings keynote speaker Tony West with Business in Society Institute among U.S. law schools—and Director Amelia Miazad ’02. oversees students who work on

TRANSCRIPT SPRING 2019 3 BLOCK JIM In Brief corporate sustainability issues. potential, and Berkeley Law is spearheading these “Corporate law tends to be conceived as lack- discussions in the legal community.” ing opportunities for positive social impact,” says While many Berkeley Law students hope to Elvia Lopez ’19, who spent the spring semester in a make a positive impact in the world, “few imagined sustainability-focused field placement in Santiago, that they could make that impact through corpo- Chile. “Yet lawyers hold immense power and rate law,” Miazad says. —Andrew Cohen

“This trip was a priority for me because I didn’t just want to be a bystander to the Called to humanitarian crisis happening at the border,” Tapiero says. Students helped put on know-your-rights The Border training and legal orientation workshops, provided direct legal services, conducted client For most law students, winter break offers intakes—and countered the notion that law rest and relaxation. But for 10 Berkeley Law school demands a hiatus from community students, it meant a trip to Mexico to help involvement. migrant caravan members who were seeking “I’m deeply appreciative of the student asylum in the United States. leaders who poured their time and energy Supervised by a legal-services nonprofit, into putting the trip together, and right in the Deborah Choi ’20, Monica Ramsy ’19, Isaac middle of finals,” Flegel-Mishlove says. “I also Flegel-Mishlove ’21, Lee Ann Felder-Heim ’21, appreciate Berkeley Law’s Pro Bono Program Sophie Allaert LL.M. ’19, and Oscar Sarabia for enthusiastically supporting and financial- Roman ’21 worked in Tijuana from December ly backing this immense student effort.” 18-23. Kiki Tapiero ’20, Amanda Miller ’20, During spring break, Berkeley Law Ying Jiang LL.M. ’19, and Maddie Boyd ’19 Alternative Service Trips provided pro bono followed from December 28-January 4. assistance in five U.S. locations. Forty-eight Berkeley Law’s Pro Bono Program spon- students worked with grassroots organiza- sored the trips. Students approached Director tions on rural legal issues in Kentucky and the Deborah Schlosberg after thousands of Central Central Valley, homelessness in Los Angeles, SERVICE SQUAD: Maddie Boyd ’19, Amanda Miller ’20, Kiki Tapiero ’20, and Ying Jiang LL.M. ’19 in American migrants and refugees arrived in immigration in South Texas, and criminal jus- Tijuana, Mexico. Tijuana hoping to gain asylum in the U.S. tice in Mississippi. —Andrew Cohen POLITICAL PUNCH Colin Allred ’14 wasted little time making his mark in politics. In his very first run for political office, the Texas Democrat defeated Pete Sessions, the House Rules Committee chair and a Republican member of Congress since 1997. A civil rights lawyer and former National Football League player, Allred was promptly elected co-president of the congressional freshman class. After the birth of his first child in February, he became the first member of Congress to take paternity leave. Allred joins fellow alum Peter Welch ’73, who was re- elected to the House from Vermont. Another Berkeley FRESH FACE: Political Law grad, Douglas Letter ’78, was named general coun- newcomer Colin Allred ’14 was one of two Berkeley Law sel of Congress in January after a 40-year career in the graduates elected to U.S. Department of Justice. Congress in November.

4 TRANSCRIPT SPRING 2019 A Sporting First Gloria Nevarez ’97 last year became the er, and a senior associate athletic director first Latina to lead a National Collegiate at the University of Oklahoma. In 2010, she Athletic Association Division I conference. became a senior associate commissioner She is commissioner of the West Coast for the Pac-12 conference, supervising all Conference, which includes perennial men’s sports and championships except football. basketball power Gonzaga and four Bay Oklahoma Athletic Director Joe Area schools (San Francisco, St. Mary’s, Castiglione called Nevarez “an unforgettable HIGH PRAISE: Pamela Samuelson Pacific, Santa Clara) among its 10 private personality. If the room didn’t have any notched yet another big honor in universities. energy, it definitely did once she arrived.” her remarkable career. The subject of a Feburary 1,500-word Nevarez, who played college basketball profile in the Los Angeles Times, Nevarez at the University of Massachusetts, told overcame sexist attitudes—and acts— the Times that her ascent and the resulting Among along her pioneering path. She oversaw attention has been “a light bulb I cannot NCAA compliance at San Jose State and UC ignore. I do understand there is an obliga- The IP Berkeley, was a WCC associate commission- tion to advocate.” Elite

Professor Pamela Samuelson was named one of the 50 most influential people in HOLDING intellectual property by the COURT: Gloria journal Managing Intellectual Nevarez ’97 Property—one of just six women made history as the NCAA’s first and five academics on the list. Latina Division I Sameulson is a cyberlaw, infor- conference commissioner. mation policy, and digital copy- right law pioneer, and a leading scholar in software protection. A director at the Berkeley Center for Law & Technology, VC University in Session Samuelson co-founded and chairs the board of Authors Startup@BerkeleyLaw and the National lectures and interviews with UC Berkeley Alliance, a nonprofit that pro- Venture Capital Association formed a partner- faculty, NVCA executives, leading U.S. venture motes the public interest in ship and launched VC University, an educa- investors, and faculty from local universities. access to knowledge. She also tional program that provides practical train- Professor Robert Bartlett, faculty chair of serves on the Electronic Frontier ing on venture finance for entrepreneurs, Startup@BerkeleyLaw, says a central goal Foundation board and advisory investors, lawyers, and others interested in is to “provide access to the venture capital boards for the Electronic Privacy emerging company finance. ecosystem through hands-on training on the Information Center, Center for Participants can enroll through an online financial and legal terms that drive venture Democracy & Technology, Public certificate program or attend in-person capital finance. We’re delighted to make VC Knowledge, and Berkeley Center sessions, this year held at the University finance accessible to an even broader range

JIM BLOCK (SAMUELSON); WEST COAST CONFERENCE/KYLE TERADA (NEVAREZ) TERADA CONFERENCE/KYLE COAST WEST (SAMUELSON); BLOCK JIM for New Media. of Michigan and Tulane. VCU incorporates of communities.”

TRANSCRIPT SPRING 2019 5 HIGH ACHIEVERS Students and alums continue to reel in prestigious national scholarships and fellowships. Just a few recent examples: Berkeley Law accounted for 11 percent of this year’s coveted Skadden Fellowships, which provide two-year public interest work funding for graduating law students and judicial clerks. Sarah Morando Lakhani ’19 will work at the Immigrant Legal Resource Center in San Francisco, Reynaldo Fuentes ’19 at the Partnership for Working Families in Oakland, and Emma Mclean-Riggs ’17 at the Colorado Juvenile Defender Center. STAR STUDENTS: Beliard Domond ’21 and Michelle Lee ’20 are among Berkeley Law’s stellar list of national scholarship winners. Beliard Domond ’21 is one of six law students named a 2019 Minority Corporate record, corporate law interest, proven com- receive the Winston & Strawn Diversity Counsel Association Lloyd M. Johnson Scholar, munity service, leadership qualities, financial Scholarship this year. She will work in the which aims to increase legal profession diver- need, and commitment to inclusion. firm’s San Francisco office this summer and sity by supporting 1Ls with a strong academic Michelle Lee ’20 is one of four 2Ls to receive $10,000 toward her 3L year. NO TIME TO SPARE Rachel Johnson-Farias ’12 had little choice but to hit the ground “I’m really interested in investigating policies leading running as the new executive director of Berkeley Law’s Center on to poor maternal health outcomes,” Johnson-Farias says. Reproductive Rights & Justice. “Additionally, crucial to realizing reproductive justice for all America’s teenage pregnancy rate is higher than in many devel- is removing barriers to meaningful choice.” oped countries; women of color face disproportionate barriers to The first think tank of its kind, CRRJ’s non-partisan analyses health insurance, contraceptives, and quality care during pregnan- contributed to the budgetary repeal of California’s welfare family cap cy and childbirth; and 29 states are hostile to abortion rights. in 2016. The center also produced the first law school textbook on reproductive rights and justice issues, and launched the first online collection of reproductive resources to help bridge the academic- advocate divide. On April 12, the center presented its inaugural CRRJeous Conversation, which included a panel discussion on Black maternal mortality. After graduating from Berkeley Law, Johnson-Farias imple- mented a juvenile reentry program at the East Bay Community

Law Center (EBCLC) and founded Esq. Apprentice, which offers free legal-profession training to low-income people of color. In law school, she won the Francine Diaz Memorial Award for her social justice commitment. “If it weren’t for providing direct services to real people, the law wouldn’t have made much sense to me,” Johnson-Farias says of her student involvement at the Workers’ Rights Clinic and EBCLC. “Those HOMECOMING: Alumna Rachel Johnson-Farias ’12 has returned to Berkeley early experiences helped bring the law into focus for me, and I con-

Law to lead its Center on Reproductive Rights & Justice. tinue to draw on them.” —Andrew Cohen (JOHNSON-FARIAS) SINDEL SHOEY LEE); (DOMOND, BLOCK JIM

6 TRANSCRIPT SPRING 2019 RACHEL DELETTO tic violence advocacy program, which community health clinic’s fledgling domes nections to family and friends.” abusers manipulate and sever their con isolated from social networks when their says. “After years of abuse, they’re often world, completely alone,” Ramachandran hearings,court anintimidating and foreign ments and get sufficient protection. for such women to escape abusive environ and low-income survivors—made it difficult recently founded Berkeley Resistance Student Janani Ramachandran ’20 Supporting Competition National Environmental Law Moot Court law and business, such as blockchain and Ryan Yang Sun selections Ramachandran previously managed a “Most survivors areforced to attend Women Leaders inTech Law. teams at the prestigious event inWhite honor California-based lawyers who prac issues raised by technological advances. credit and other content on hot issues in 2Ls Jarrod Ingles, Abigail Burman, and offers freemonthly webinars artificial intelligence, for organizational A new initiative called Berkeley Boosts tice inthe industry and address novel Berkeley Law grads made up 10 of 60 Against Inter-Partner Violence resources—especially for immigrant leaders and legal practitioners. she saw how the lack of legal (BRAIV). Inher work before law Aid Domestic Violence Unit intern, school and as aBay Area Legal on inFebruary, besting 55 other Plains, New York.

The won the G. Jeffrey Miller Recorder’s

annual list of The for MCLE choices - - -

Scholarship. County’s Rhoda and Judge Stuart Hing girls, and the Women Lawyers of Alameda sion for serving the interests of women and a statewide honor based on ashown pas Foundation Nancy E. O’Malley Scholarship, winning the California Women Lawyers courtrooms.” prevent the litigation abuse that happens in apply them, and ultimately aren’t able to familiar with many of these laws, or mis judges and administrators court “aren’t friendly laws, she says alot of family law accountability. survivors and incourt) to promote judicial law students can attend trials and support she works to organize watchers court (so public outreach campaigns. With BRAIV, included training medical staff and creating Ramachandran’s efforts led to her Despite California’s numerous survivor- HIGHLIGHTS California. Their 86.4% pass rate on the More than 90% of Berkeley Law’s 2018 Heather McGhee ’09 and episodes appeared January onconsecutive double the overall pass rate (40.7). bar exam, graduates Two alumnae, Demos President Post California bar was more than “Real Time with Bill Maher.” & PRIDE Survivors POINTS writer Jennifer Rubin ’86, —Rachel DeLetto of the popular HBO series including 100% outside

passed their summer Washington

California’s most vulnerable communities. County to become the second U.S. county Research by two clinics spurred Alameda 16 countries people of color, fuel poverty, and impede Speaking Clients: Language, Culture and Fernando Flores, Representing Spanish- domestic violence victims. launched anorganization to better protect DIFFERENCE MAKER: scholars andstudent researchers from individuals, students During the spring semester, Emotional Intelligence, aims to help A employment, housing, and reentry. to new

abolish criminal justice for fees Visiting Scholars Program.

taughtcourse inSpanish astutely were of Berkeley part Law’s as they unequally affect

2019 SPRING TRANSCRIPT Janani Ramachandran ’20 represent

87 legal In some by of Brief

7 At the Leading Edge Of Research and Service Forefront

A High-Yield Legacy

RECENT VICTORIES HIGHLIGHT EBCLC’S EXPANSIVE WORK UNDER OUTGOING EXECUTIVE DIRECTOR TIRIEN STEINBACH ’99 HELPING AT HOME: EBCLC attorneys Whitney Rubenstein ’14 and Meghan Gordon ’11 helped Oakland public-housing Tirien Steinbach ’99 never rested on her many residents gain relief from a loitering ordinance that led to laurels during 11-plus years leading the East Bay harassment and racially discriminatory enforcement. Community Law Center, Alameda County’s largest direct legal services provider. Still on EBCLC’s board of directors, she resigned as executive to more than $8 million. director in December to become chief program offi- “What EBCLC has become under Tirien’s vision- cer at the ACLU of Northern California. ary leadership is beyond what anybody could have With a 70-person staff, the clinic serves thou- imagined,” says EBCLC Clinical Director Seema sands of clients and trains more than 150 Berke- Patel ’06, citing Steinbach’s “infectious spirit, com- ley Law students annually. During Steinbach’s ten- mitment to community, and ability to skillfully bal-

ure, its annual budget has grown from $2 million ance passion and patience.” BLOCK JIM

8 TRANSCRIPT SPRING 2019 THREE TRIUMPHS THAT UNDERSCORE THE CLINIC’S IMPACT:

EBCLC’s research prodded the Oakland their housing. City Council to repeal a controversial Those who earn half or less of the area’s medi- ordinance that banned loitering on city an income are eligible, with priority to extremely public-housing property. The vote came on low-income households. EBCLC helps represent 1the heels of a federal tenant lawsuit asserting that tenants facing active eviction suits—increasingly the Oakland Housing Authority Police Department common as landlords try to escalate rents amid used the ordinance to intimidate residents through the Bay Area’s tight rental market. racially discriminatory enforcement practices. A recent study estimated homelessness in “This ordinance was used as a pretext to harass Oakland surged by about 25 percent from 2015 and conduct unjustified searches to 2017. Keep Oakland Housed is embedded in of residents and their guests, EBCLC’s existing housing practice, where students threatening their tenancy and participate in client intake, landlord negotiations, preventing them from feel- discovery, depositions, motions, and trials. ing safe in their own homes,” Ye Eun Chun ’19 helped a Section 8 tenant who says EBCLC attorney Whitney endured a stroke and could not pay rent for sever- Rubenstein ’14. al months. Supervised by EBCLC attorney Hai Dao, Co-plaintiff Darren Mathieu she negotiated a settlement that paid back rent, reported that the OHAPD stopped helped reduce the rent by 25 percent due to vari- him more than 70 times for ous unit problems, and persuaded the landlord to “incidents” such as sitting with make repairs and deliver a new stove. friends on lawn chairs outside his “Oakland is in a housing crisis,” says EBCLC home. While never issued a cita- Interim Executive Director Frank Martin ’04. “We’re tion for wrongdoing, he was still seeing unprecedented displacement and loss of handcuffed and asked to show economic and racial diversity. … There’s a pro- identification. found imbalance in legal representation between After hearing how the OHAPD landlords and tenants. When this imbalance is was enforcing this ordinance, corrected, tenancies can be saved.” enacted in 1983, Rubenstein and EBCLC Housing Program Director Working with Berkeley Law’s Policy Meghan Gordon ’11 began moni- Advocacy Clinic and other partner orga- toring how arrests and citations nizations, EBCLC played a key role in were reported as lease violations, persuading Alameda County to end the thus leading to evictions of entire 3assessment and collection of individual criminal families. justice system fees. “Oakland Housing Authority EBCLC released a white paper that outlined how residents are constantly being these fees harm low-income defendants by per- policed in and around their own petuating poverty and creating additional barriers homes, not for loitering but sim- to employment, housing, and reentry—especially ply for living,” Gordon says. “This for people of color, who are arrested and punished not only criminalizes them but places their subsi- disproportionately. dized housing in jeopardy.” Center researchers also found that adult fees generate little revenue after accounting for collec- EBCLC and two nonprofits are driving tion costs. a new initiative called Keep Oakland White paper co-author and EBCLC Clean Slate Housed. Funded by $9 million from the Practice Clinical Supervisor Theresa Zhen says San Francisco Foundation and Kaiser that “by passing this resolution, Alameda County 2Permanente, the program provides legal representa- can once again serve as a leader in the state with tion, emergency financial assistance, and support- a debt-free justice system.” ive services for Oakland residents at risk of losing —Andrew Cohen

TRANSCRIPT SPRING 2019 9 Forefront

and each finished first in their class at Berkeley Law. Rice, who graduated summa cum laude in Supreme Trio mechanical engineering, played two successful sea- sons in the Tampa Bay Rays’ minor-league system THREE BERKELEY LAW GRADUATES WILL CLERK before shifting gears. Bock won the Harvard Astronomy Department’s FOR U.S. SUPREME COURT JUSTICES IN THE SAME Goldberg Prize for best senior thesis, probing vari- TERM, A SCHOOL RECORD ous explanations for the dearth of women in the physical sciences. After college, she joined Teach Individually exceptional and collectively historic, for America and taught middle school science in three Berkeley Law graduates will clerk at the U.S. Maryland and California while earning a master’s Supreme Court during the 2019-20 Term—the degree in education. school’s highest single-year total. Rice (Williams & Connolly) and Sivaram Jordan Bock ’17 will clerk for Justice Elena Kagan, (WilmerHale) are both associates in Washington, Matt Rice ’16 for Justice Clarence Thomas, and D.C. A Stanford graduate, Sivaram was an hon- Anuradha Sivaram ’14 for Justice Sonia Sotomayor. ors paralegal in the U.S. Department of Justice’s All were clerks at the U.S. Ninth Circuit Court of Environmental Enforcement Section before law Appeals and research assistants for Professor school, where she graduated Order of the Coif. Amanda Tyler. Bock, Rice, and Sivaram all credit their prior “With each of them, it was like having another law clerkships for elevating their thinking, writing, and professor help me—their work was that good,” says analytical skills. Their judges gave them ringing Tyler, who chairs the Berkeley Law Faculty Clerkship endorsements. Committee and is a former Supreme Court clerk for Federal judge Vince Chhabria ’98 (Northern Justice Ruth Bader Ginsburg. “Their achievement District of California) says Bock “has all the tools to is a reflection on our incredibly talented student be a great Supreme Court clerk, but the best thing body.” about her is that she never flaunts those tools. That Indeed, the school set a record for most judicial too will serve her well.” clerkships in one term—104 alums are currently “Appellate judges like to brag about their former clerking in 32 states. clerks, and I expect to have many opportunities Bock (rowing at Harvard) and Rice (baseball at to brag about Matt in years to come,” says Ninth Western Kentucky) were Division I college athletes Circuit Judge Sandra Ikuta, who noted his “off-the- charts legal skills.” Sixth Circuit Judge Amul Thapar ’94 calls Sivaram “a fantastic law clerk and lawyer because she’s tireless, selfless, and dedicated. She is also a wonderful person and a good friend to all who are lucky enough to get to know her.” Bock, Rice, and Sivaram all praised Berkeley Law’s faculty, staff, and alumni for devotedly helping them navigate the clerkship application process. “I’m so proud to be a part of the Berkeley Law community,” Bock says. “It feels quite special to represent the school during the term with our largest number of clerks.”

—Andrew Cohen HERRING MATT BY ILLUSTRATION

10 TRANSCRIPT SPRING 2019 Operation Blastoff STARTUP LAW INITIATIVE PROPELS NEW BUSINESSES AND GIVES 1LS TRANSACTIONAL EXPERIENCE

The reasons for joining the Startup Law Initiative (SLI) are as diverse as the student group’s fast- growing client base. Co-founder Morgan Dudkewitz ’16 aimed to give 1Ls “the opportunity to do some pro bono transactional work.” President Esther Yang ’20 “wanted to give back to my community and remind myself why I came to law school.” Initiative supervisor Deborah Kang relished the chance to “grow a platform that organizes numerous offerings in the startup and venture capital space for students and founders.” As a student, Dudkewitz and co-founder Hannah BUSINESS BOOSTERS: Startup Law Initiative President Porter ’16 worked with Startup@Berkeley Law to Esther Yang ’20 (front row center) with Vice Presidents Sam Miller ’20 (front left), Ben Adler ’20 (front right), launch the SLI in 2016. The expanding group enables Spencer Hazan ’20, and Chelsea Andre ’20. first-year students to gain meaningful experience working with new businesses led by low-income and and I wanted to be a part of it,” Yang says. minority founders. More than 100 applicants apply each year to the “We’re in the heart of Silicon Valley, and so many SLI, which had 12 students during spring semester. of our students work in the startup and venture capi- Past participants train incoming members, and the tal field,” says Adam Sterling ’13, executive director student board provides mentorship by helping 1Ls of the Berkeley Center for Law and Business. “We prepare for their summer jobs and by advising how to wanted to create a program that organized our exist- tackle first-year classes. ing offerings in the space and provide a platform to Owen Kent, forming a new venture that will develop do even more.” video games, calls the initiative “an invaluable At the SLI, 1Ls help law firms provide free legal resource that really helped get operations off the incorporation services for local entrepreneurs, allow- ground. It was so useful to have access to two stu- ing them to clear costly hurdles to launching their dents (1Ls Will Lowery and Katelyn Feliciano) who businesses. Students help create and file formation knew what they were doing. I feel in a much better documents through client intake, research, inter- place to bring my company to the next level.” views, and other interactions with clients and super- Kent credits Lowery and Feliciano for their engage- vising attorneys. ment and for providing an “invaluable explanation” of Last year, Yang drafted and filed formation docu- certain legalese, as well as communicating regularly. ments under the guidance of lawyers from Morrison “They helped ensure that the incorporation process & Foerster and Gunderson Dettmer. She helped to was being done to my unique needs and specifica- develop a business idea for an electronic market- tions,” Kent says. “They were so useful as we navigat- place in South Korea to help finance plaintiffs’ litiga- ed topics such as IP assignment, stock issuance, and

tion efforts by connecting them and lawyers with corporate governance. I feel much more educated potential investors. and equipped to forge my way to corporate success.”

SINDEL SHOEY “Pro bono is part of the Berkeley Law social fabric, —Andrew Cohen

TRANSCRIPT SPRING 2019 11 Climate Warriors

Berkeley Law plays a pivotal and growing role in California’s environmental leadership By Rekha Radhakrishnan

or decades, America—and often the projects. Now, it is ramping up an already formidable world—has looked to California’s set of climate initiatives—adding renowned experts, visionary leadership on environmental expanding vital resources, and forging promising part- policy. Recently, jarring projections nerships. about the rate and impacts of global “California is a laboratory,” says Jordan Diamond ’08, warming have turbo-charged the executive director of Berkeley Law’s Center for Law, En- urgency driving that vision. ergy & the Environment (CLEE). “We have a chance to With recent governor Jerry Brown test new policies and approaches here, see if they work, setting bold climate benchmarks, what they can achieve, and what needs to be tweaked— current governor Gavin Newsom and then provide a model for other jurisdictions. We’re fueling programs to meet them, and climate change positioned perfectly to help accelerate the climate action becoming a dire worldwide concern, the state once again we so desperately need.” finds itself on center stage. Meanwhile, Berkeley Law Much of that policy work focuses on California, largely once again finds itself immersed in far-reaching efforts to because the state influences other states and countries. help California generate meaningful protections for the CLEE and the school’s Environmental Law Clinic (ELC) planet. are well-connected, pivotal players in California’s push Ranked third in the nation by U.S. News & World to enact meaningful climate reform. Report, the school’s environmental law program has a That perch wasn’t reached overnight, but through a

track record of groundbreaking research and productive growing, shared vision between students and faculty. UCINI ANDREA

12 TRANSCRIPT SPRING 2019

Star Leader: Ken Alex Joins CLEE

Ken Alex has been called California’s ergy, not just in California but through Two are connected: First, a belief that most influential environmental lawyer, example around the world,” says Jordan climate change is happening slowly, so a visionary, and former governor Jerry Diamond ’08, CLEE’s executive director. we have time to respond over decades; Brown’s climate whisperer. He is now “He has a remarkable ability to devise and, second, technology will handle the joining Berkeley Law’s Center for Law, creative, pragmatic approaches to tack- problem. Unfortunately, the rate of cli- Energy & the Environment (CLEE) to ling seemingly intractable challenges— mate change seems to be accelerating, spearhead Project Climate—a new ini- and then to see them to completion.” and our window for action is narrowing. tiative driven to transform top research Recently, Alex discussed his new en- We may have already passed some into policy more quickly. deavor with Transcript Managing Editor important and irreversible points, such Under Brown, Alex chaired the state’s Andrew Cohen. as the ice melt in Greenland. We’re not Strategic Growth Council, which links taking sufficient action at sufficient economic growth with climate sustain- Andrew Cohen: What are your goals for scale to meet the challenge. ability, and directed the Governor’s Project Climate, and why house it at Office of Planning and Research. He has CLEE? How can research be more efficiently traveled worldwide to forge alliances Ken Alex: CLEE has convened expert translated into action? and environmental agreements for panels and produced reports on climate- First, consult experts and advisors to California, advancing reform on issues related issues of keen importance to my determine promising solutions, includ- from pollution and flame-retardant work, so when I conceived of Project Cli- ing climate-smart agriculture, carbon home products to solar energy and mate it seemed like a great fit. The central sequestration in concrete, and vari- greenhouse gas emissions. idea is to take the most promising climate ous approaches to electrical storage. Alex goes way back with CLEE, serving solutions and move them more quickly Second, establish efficacy through pilot on its first advisory board and working and efficiently to policy and scale. Right projects and careful research. Third, for its first executive director Richard( now, we’re better at identifying solutions address the solutions’ hurdles and bar- Frank) at the Attorney General’s Office. than actually implementing them. riers. For example, regulatory require- “Ken has been incredibly influential ments for concrete will vary greatly developing leading efforts to combat What are the biggest misconceptions from those for adding compost to ranch climate change and scale renewable en- about climate change and reform? lands. Fourth, scale up as rapidly as

Filling a void climate defenders by enabling students to work on high- Early in his tenure at Berkeley Law, Professor and CLEE impact projects. Faculty Director Dan Farber recognized a glaring absence. Through the center’s expanding work, the clinic’s robust “We needed a coordinating organization that could tie docket, and a wide range of faculty research, there is a clear together students’ burgeoning interest in environmental sense of urgency uniting Berkeley Law’s ambitious climate issues with the school’s rich academic history,” he says. efforts. Standout faculty members like Joseph Sax, dubbed the “Many of us are drawn to this work because we care about “father of environmental law,” were producing seminal the earth’s resources and we want to solve problems,” says work in the field. But Farber knew law students “needed an Professor Holly Doremus, a leading scholar in the field. opportunity to work on these issues in earnest.” And the “The best environmental legal work helps shine a light on faculty needed a better avenue for reaching policymakers unrecognized aspects of a problem.” regarding those issues. After consultations with students, faculty, and alumni, Climate policy the environmental law center became a reality in 2005. It Because of its reputation, capacity, and impartiality, CLEE has since worked to translate non-partisan research into provides unique linkage between and among local, state, real-world solutions, providing a vector for transforming and federal government; the private sector; academia; non- the intellectual capital on campus into pragmatic policy governmental organizations; and others in the climate field. change. The center’s Climate Change & Business Research Initia- Ten years later, ELC was launched. Steered by Director tive engages business, nonprofit, and government leaders Claudia Polsky ’96, the clinic trains the next generation of to achieve economic and environmental benefits from state

14 TRANSCRIPT SPRING 2019 possible, working with other countries, in conjunction with the states, and cities. None of this is easy, Strategic Growth Council and but it’s all essential. local partners, to reduce greenhouse gas emissions and local pollution What achievements are you most systemically. Five communities are proud of during your work with funded, with more hopefully on the Governor Brown? way. I was the primary architect of the Under2 Coalition, an organization of 220 What’s our most daunting climate sub-national governments (represent- challenge? ing 43 percent of world GDP and 1.3 Political will and scale. We need billion people) that are most committed urgency and a mindset of collective to action on climate change, and will action, like World War II, our 1960s likely be key partners in implementing mission to the moon, or our efforts the most impactful solutions. to cure HIV/AIDS. Political inaction on Closer to home, I helped start Civic- climate change must have conse- Spark, three AmeriCorp programs with quences for those who fail to act. the Local Government Commission that We’re not yet perceiving the crisis send recent college grads into local nature of the challenge, and aren’t communities to work on resilience acting with sufficient alacrity. If we issues, including climate, water, and find and engender the political will, broadband. action will follow. China, India, the Finally, the Transformative Climate U.S., and Europe can provide scale, Communities program grants signifi- but only if we work together. By mov- cant funding to selected disadvantaged ing solutions to policy and scale more HIGH GOALS: Ken Alex brings a proven track record and an ambitious agenda to Berkeley communities which choose their rapidly, Project Climate can be part of Law’s new Project Climate initiative. own goals, strategies, and projects, building political will.

climate programs. This collaborative effort between Berke- representatives to discuss energy storage technologies. ley Law and UCLA Law’s Emmett Institute, led by CLEE The goal: help California take advantage of surplus solar Climate Program Director Ethan Elkind, has produced 17 energy by capturing sunshine-heavy, low-electricity usage reports and hosted numerous public events spanning seven months for times when the electric grid is strained. The economic sectors. gathering led to a report that was ultimately critical in pass- Those reports have tackled expanding solar energy, ing America’s first energy storage mandate. boosting the charging infrastructure for electric cars, and tapping the energy efficiency potential in existing commer- Revving up cial buildings, among other topics. Today, CLEE’s new climate initiatives and high-profile The Climate Program is helping California reach carbon leaders reflect how the center has become a magnet for neutrality by 2045, a target set by former governor Brown. top talent and a key policy partner. That goal spawned a series of CLEE-led gatherings with Ken Alex, who orchestrated many of California’s sig- business leaders, including real estate developers, automak- nature climate policies as a senior adviser to Governor ers, and renewable-energy developers on how to efficiently Brown, is joining CLEE to accelerate deployment of the scale up technology. most promising climate solutions (see page 14). Former Elkind is confident in developing solutions for complex California Insurance Commissioner Dave Jones is leading

problems “because we’ve seen what’s possible.” new work on the risk climate change poses to the financial CLEE has helped produce such solutions for years. In sector. And the center is developing an initiative to help 2011, for example, the center convened representatives connect climate work between California and China.

’08 DIAMOND JORDAN from the energy commission, manufacturers, and utility The common thread between these efforts: impact.

TRANSCRIPT SPRING 2019 15 16 Paris foraBerkeley-sponsored event atthe2015 UNCli- expert guidancetohelpimplement savvy policies. the world,CLEEstayed focusedon itsmission:providing watershed momentcreated ecstatic headlinesaround ment toreducegreenhousegasemissions. While the withthenegotiationofParisclimate change, Agree 2015 marked adramaticturningpointinthefightagainst Global outreach percent oftheU.S. coast tooildrilling.” and ecologicalhealthastheadministration reopens90 Polsky says theseregulations“creategrave riskstohuman tiquated regulationsgoverning offshoreoilspillresponse. to suetheU.S. Environmental over Protection an Agency demise offossilfuelextraction anduse.Theclinicintends to affordablerenewable energy. communities—$56 millionininvestment toensureaccess toinstitute pilotsion (CPUC) projectsin11marginalized cember, pushingtheCaliforniaPublicUtilitiesCommis infrastructural neglect.Itachieved amajorvictory inDe works withresidentsintheseareastoaddressdecadesof only withwoodfireorpropanecamping stoves. ment, basicslike homeheatinginthewinterarepossible full relianceonrenewables. Duetodecadesofdisinvest California moves toward newable energy, even as access toaffordablere- Valley communitieslack Some 170SanJoaquin Californians.vantaged more helpfordisad- capacity intheclinicand to expandedclimate Linhasalsoled Roger of supervisingattorney hands-on.” a partofsomething so world. It’s thrillingtobe people whoshapethe policymakers, andother work withlegislators, Lenard Weiss ’62.“They BoardChair Advisory a bookshelf,” says CLEE CLEE dodoesn’t siton ible facultyandstaff at

Arriving attheU.S. Ambassador toFrance’s homein ELC isalsodeploying legalstrategies tohasten the In concertwithcommunityorganizations, theclinic ELC’s recentaddition theincred- “What TRANSCRIPT SPRING 2019 2018 FALL SPRING TRANSCRIPT CLIMATE CREW: Climate Program and its growing influence with state policymakers. Jordan Diamond ’08, Ethan Elkind, and Dan Farber spearhead CLEE’s - - - - - these groups together for vital policy dialogues.these groupstogether forvitalpolicy startups. Asaneutralthirdparty, CLEEregularlybrings Club, andventure capitalfirmsthatfund Silicon Valley foundations like ClimateWorks, NGOslike theSierra tial corridorsofpower,” like includingkey CPUC, agencies managing existing resources—a trickyendeavor. “Water andnecessitated curtailments.caused shortages temperatures andalteredstorm patterns thathave already areas—and isbecomingeven moredifficultamidrising frameworkthatspansvarious a complexlegalandpolicy and towns inaprecariousposition.Managingthatriskis leading tofloodingandmudslideshave putmany cities late 19thcentury. example, oneatthecenterofCalifornia’s story sincethe already experiencing.Water and thelackofitisaprime governance ofcriticalresourcesaffected weare by change Berkeley Law’s environmental teamalsostrengthens law andpolicy,Beyond workingdirectlyonclimatechange Water world we’re trulyaglobalpioneerandinnovator inclimate.” tating towards thestate’s environmental leadershipand for climatepolicy,” Elkindsays. “World leadersweregravi- We can’t createnewwater, soitcomes down tobetter Periods ofhistoric droughtpunctuatedby downpours Elkind seestheBay Area“atthenexusofmany influen “In California,youhave afront-row seattogroundzero conditions. W state Baden- and theGerman between California which originated for theagreement, tation assistance provided implemen- ment. CLEEhad opportune mo- Elkind sensedan below 2degrees, perature increase keep globaltem- tories committed to subnational signa- where acoalitionof mate Conference, avoid catastrophic was paramountto scientists warned threshold that set atemperature ü rttemberg and -

JIM BLOCK JIM BLOCK Youngblood says her “mission at SEEJ isboth to help empowering communities to speak for themselves, for our lives,” she notes. Promoting the core value of conservation-oriented; meanwhile, we were fighting mental space was largely white, middle-class, and because communities of color felt that the environ and professional motivation. Youngblood’s asthma became asource of personal was inthe 99th percentile for California census tracts, neighborhood’s pollution burden and vulnerability year. When acollege class revealed that her home lawyers, academics, and community members this symposium, attended by more than 200 students, for Economic and Environmental Justice (SEEJ) decision makers. ports circulated among academics and regulatory plications of indirect source airpollution at California after her research on the environmental justice im- Fellowship, given to 20 graduate students nationwide, ing ELQ issue isCandice Youngblood ’19. often controversial discussions,” Spencer says. mental scholarship. We aimto spark and shape these represent ELQ’s wide-ranging approach to environ public lands, and the Clean AirAct’s constitutionality articles on offshore drilling, marijuana cultivation on around important environmental themes. “Recent journal this school year, publishing leading content Spencer and Stephanie Phillips led 90 students at the ing inthe public sector on environmental initiatives. student work, and ELQ awards fellowships to students work the legal community. There isalso anannual issue devoted to topics by professors, practitioners, and professionals outside environmental law journals, publishes articles on hot-button campus. across as global warming—with students driving vital climate work Law, it’s also about action—especially on issues as urgent Legal education isn’t just about scholarship. AtBerkeley Students Take the Climate Wheel Take Wheel Students Climate the “The environmental justice movement arose Youngblood also helped reignite apopular Students She received amerit-based Switzer Environmental One student whose work willappear inanupcom- Co-editors-in-chief and 2019 graduates Craig Ecology Law Quarterly, among the oldest student-run VOICE RECOGNITION: communities speak out against environmental harms. Candice Youngblood ’19 works to help - -

- the costs of these large-scale projects.” —KimWesterman between providing clean and affordable energy and who bears sues that cut across traditional practice,” such as “the tensions Climate Agreement to water justice. events and bringing inspeakers on everything from the Paris and Resources Collaborative by holding energy networking that the work continues.” fill a curriculum gap and foster institutional knowledge so She has also collaborated with SEEJ to enlist speakers on “is Kaela Shiigi ’20 helps the campus-wide Berkeley Energy - Powering

Partnerships doesn’t obey the boundaries of statute and regulation,” says Michael Kiparsky, director of CLEE’s Wheeler Water In Oakland, Berkeley Law’s Center for Law, Energy & the Institute. Environment is a partner in EcoBlock, a public-private collab- Among California’s many water-related issues, ground- oration aimed at sustainable neighborhood redevelopment. water (the main water source for state agriculture) may “It’s taking an existing residential block and trying to top the list—especially as it has become scarcer over the retrofit it with cutting-edge energy and water efficiency past decade with intensifying drought cycles. How data mechanisms in a replicable and hopefully scalable way,” gets collected, prepared, and disseminated is crucial to says Professor Dan Farber, CLEE’s faculty director. “We successful groundwater management, and moving from know how to build sustainably from the start. But retrofit- a relatively ungoverned system—“you can’t manage what ting existing structures is a different beast, not just techni- you don’t measure,” Kiparsky notes—to the first statewide cally but also legally and financially.” sustainable system brings new challenges. EcoBlock is just one example of the center’s many part- The Wheeler Institute partnered with California’s nerships that “demonstrate the feasibility of smart policies Water Resources Department to craft recommendations and sustainable systems, and potentially provide a model for implementing the 2016 Open and Transparent Water for other jurisdictions,” Farber says. Data Act, which mandates an integrated water and envi- For EcoBlock, CLEE is part of a team led by UC Berke- ronmental data system across state and federal agencies. ley’s California Institute of Energy & Environment. It also Proposals in the institute’s final report were adopted as includes the College of Environmental Design, Goldman part of the law. School of Public Policy, and other public and private part- While the Wheeler Institute focuses on clean water in ners. California, the Law of the Sea Institute and CLEE’s Ocean A $5 million California Energy Commission grant helps Program examine domestic and international ocean law fuel the initiative, allowing the team to harness the power and policy. In 2017, LOSI Co-directors Diamond and Dore- of the campus community—including faculty, researchers, mus convened international experts in Sweden to exam- and students—to offer pragmatic solutions in a state that ine the intersection of oceans and climate change, and last demands them. year they convened thought leaders in New York to assess In another effort, the center worked last year with Berke- ocean management as a commons. ley’s Terner Center for Housing Innovation to publish “Right “We manage the ocean by industry and resource, which Type, Right Place,” a report that probes California’s housing doesn’t make sense,” Diamond says. “To protect a full ma- crisis. rine ecosystem, we need to transition to a comprehensive “We know we need to increase housing supply—how do approach that considers all sectors and uses.” you do that while encouraging sustainable growth?” says CLEE Climate Program Director Ethan Elkind. “How do you do Housing crunch that in a way that encourages building in transit-rich areas to The recent spate of California’s deadly wildfires shows provide livable, workable, transit-friendly options?” how climate change is affecting land use. Among other CLEE also joined with the university’s Center for Labor things, the increase in high-risk areas reduces living space Research and Education to publish two reports that assess in a state with daunting housing shortages. the economic impacts of California’s climate policies and As a beacon for immigrants, dreamers, and believers in programs. While some businesses criticize such policies as tech destiny, California’s population has swollen to nearly too costly, CLEE considered true costs through job losses 40 million people. The state has America’s highest poverty and gains. rate and nearly a quarter of its homeless population. In analyzing the San Joaquin Valley and the Inland Em- Professor Eric Biber, who coordinates Berkeley Law’s pire, two of California’s lowest-income regions, “we found environmental and energy law curriculum, knows Califor- a net-positive economic impact,” Elkind says. Funded with nia needs vibrant, compact, mass transit-friendly cities to grants from public, private, and foundation sources, the meet the demand for housing while reducing car emis- projects impart valuable lessons for Berkeley Law students. sions. But what has prevented sustainable development “What I love about bringing students into interdisciplin- from taking hold? ary projects is that it helps them see law as a piece of the “The policy debates about how we deal with housing puzzle to achieve your overarching goals,” Farber notes. costs and production in sustainable and equitable ways “They learn that the law is an important tool, but it’s most weren’t engaging with the data needed to make informed effective used in conjunction with others.”—Andrew Faught decisions,” Biber says.

18 TRANSCRIPT SPRING 2019 ROGER LIN organizations tobuildingastrong administrative record. of newprojects, from workingwithcommunity-based inevery aspect as amajorbenefit.Students can engage sky seestheirdiversity ofpersonalbackgrounds andskills and westill neednewattorneys inthisspace.” lawyering capacityaroundenvironmental health issues, sented theindustries. We neededsomuchmoreadvocacy community activists,” sherecalls. “All theattorneys repre- weredoctors,advocating forchange toxicologists, and cides, orchemicalsusedinnailsalons—and all thevoices chemical regulatoryproblems—oilspilldisperants, pesti lawyers couldfuelsuchefforts. “I’dgo tomeetings about environmental healthprotection. clinic’s climatejustice workanditsbroaderdocket around spill-response operations, providesbetween abridge the human healthharmsfromtheuseoftoxic chemicalsin legislation. By design,we’re amulti-toolclinic.” rulesandstrategizing around tool, butsoismakingagency problem-solver,” Polsky says. “Litigationisonelawyering mental harmfromaneconomy dependentonfossilfuels. presence incommunitiesthatbeartheburdenofenviron outlet forhands-onclimateworkthatisestablishing its focused student projects, theclinicisawelcomenew BeyondtheirworkatCLEEandenvironmental- 17). page that cutacrosstraditionalboundariestospuraction(see Berkeley Law students arealsoleadinginnovative efforts Student training ground to increasingsustainable andaffordablehousing. braced by many seesaway policymakers—Biber forward to dismantlebureaucraticbarriers—anapproachem- lawyers andlaw students workonthisisvery beneficial.” context forhow theprocessworks,” Bibersays. “Having by economists orplanners, anddon’t explorethefulllegal path forsustainable affordablehousinginCalifornia. the study willyieldrecommendationsthatcouldeasethe researchers and a team of students, Biber and O’Neill hope Berkeley’s Institute ofUrbanandRegionalDevelopment and politicalattitudes toward development. Working with of Californiacitieswithdifferentsocio-economic statuses for residentialandmixed-use projectsinacross-section plinary study toexplorethelanduseentitlementprocess Gualco-Nelson ’18toconstruct amulti-year interdisci- Research Fellow Moira O’Neill,andstaff researcherGiulia ELC enrollsabout15students eachsemester, andPol- Polsky’s early-career workconvinced herthatfuture ELC’s caseagainst theEPA, whichfocusesonthe “We want students tothinkoftheroleattorney as By focusingonlocalpoliticaldynamicsandincentives “Most land-useregulationhousingcost projectsarerun That disconnectisonefactorthatinspiredBiber, Senior - - affordable renewable-energy pilot projects in 11 poor communities. that animatehopefortheenvironmental movement.” Polsky says, “It’s theirenergyandsenseofpublicmission tal law. Whileoptimism characterizes herstudents’ spirit, specialize inlanduse,renewable energy, andenvironmen- its graduateshave assumedrolesattheEPA andfirmsthat Times andWashington Post toCBS-TV andUnivision, already beenfeaturedinmediaoutlets fromTheNewYork as itstrives todiversify theprofession. grounds underrepresentedinenvironmental law practice The clinicalsoaccepts undergraduateauditorsfromback ADVOCACY: A-LEVEL Andrew Cohen contributed to this story. contribution, atacriticaltime.” Their leadershiponandoffcampus provides aninvaluable directly impactingourstate, thenation,andworld. issues worked withthemtoanalyzeclimatechange of theenvironmental nonprofitNext 10. “It’s why we’ve formanyand policy years,” says F. NoelPerry, founder ture fortheplanet, andweallneedtobeinvested inthat.” accepted issuesof asurgent niche environmental issues,” shesays. “They’re now being importance andrelevanceofwhatwereonceviewedas perception creatingreasonforoptimism. arecomplex,Diamondseesevolving public challenges disasters suchastherecentmajorwildfires. Thoughthe Deal and,locallyinCalifornia,throughthespecterof debateslike theGreenNew highly visiblenationalpolicy In 2019, theU.S. in iscontending withclimatechange Pressing forward Though theclinicislessthanfouryearsold,itsworkhas “Berkeley Law hasbeenaleaderinenvironmental law As thelaw schoolis, andwillcontinuetobe. “It’s hearteningtoseethe growing awareness ofthe John Hannon ’19 shares research that spurred . It’slife aboutasustainable fu

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19 - - Michael David Harris ’20 Tim Patterson ’21

Melissa Barbee ’21

Chip Hall ’21

Elizabeth Hall ’20 Donovan Blount ’21

Deni Baykan LL.M. ’19

John Deterding ’20

Luisa Patino ’19 An increase of active military and veteran students is enriching Berkeley Law in many ways BY ANDREW COHEN

BLOCK JIM TRANSCRIPT SPRING 2019 21 here’s no denying that 1L year can at the height of the Iraq War in 2007. At age seven, he at- be stressful. But if you oversaw tended free English classes hosted by a West Point gradu- combat missions in Afghanistan, ate at a U.S. base. “Over time I’d developed a deep appre- led a nuclear submarine, or went to ciation of the American military for their Ranger School before law school—as some presence in South Korea after the Korean Berkeley Law students have—the notion of War,” Moon says. “I wanted to give back to a torts exam doubling your blood pressure my new country.” seems rather absurd. The first Korean-American Principal Chris Moon ’21 didn’t just go to Ranger Nominee to represent his congressional School, a tortuous 61-day combat leader- district at West Point, Moon won two Mili- ship course where one-third of participants tary Outstanding Volunteer Service medals drop out or fail by the end of the first week. after spending more than 500 hours coach- He went with a figurative arm tied behind ing soccer, building houses, teaching math his back as one of the few non-combat arms and English to local children, and serving soldiers in his Ranger class. Moon vividly recalls a six-hour patrol, chest-deep in a sweltering Florida swamp, while carrying a 105-pound rucksack and a 27-pound machine gun. “Six hours of pure misery,” he says. “Seeing water moccasins swimming next to me made it even worse.” Though he endured that challenge, Moon failed his first SOARING attempt at Ranger School, an outcome he says devastated him. True to military form, however, he resolved to train TO harder rather than accept defeat. “Eleven months later, I became a Ranger,” Moon says “After going through something like that, it’s easier to keep RAREFIED other stresses in perspective.” Moon climbed the Army’s leadership ranks and landed AIR at U.S. Central Command in the Department of Defense. There, he managed 22 intelligence analysts who advised After advancing to the final in the cockpit while trying to generals on key decisions affecting their soldiers across round of Berkeley Law’s Hal- solve a complex problem or the Middle East, and his airstrike recommendations were loum Business Competition, make a leadership decision sent to President Obama for approval. He also led target- Elizabeth Hall ’20 engaged that could have grave con- ing meetings to assist the French government after the in a high-octane negotiation sequences if I was wrong,” November 2015 Paris attacks. before three judges and a she says. “It was gratifying, Active military and veteran students like Moon are a packed audience. For most at age 27, being trusted to growing presence at Berkeley Law, enriching the collective law students, the scene serve as mission com- learning environment and providing real-world perspec- would be nerve-racking. mander for two fully loaded tive. Eleven just finished their 1L year, the highest num- Most law students, how- F/A-18s flying hundreds of ber in a Berkeley Law class in decades. They entered the ever, have not led airborne miles away from the ship.” military—just as they entered law school—from all kinds combat missions over Hall also trained pilots of backgrounds and for all kinds of reasons. Afghanistan, Iraq, and Syria. to operate the jet’s combat “In our entering J.D. and LL.M. classes this year we en- As a Navy flight instructor systems and taught tactics rolled about twice as many current and former members and weapons system officer, in a classroom setting, of the U.S. armed forces as last year,” says Kristin Theis- Hall logged 1,600 hours and through flight simulators, Alvarez, assistant dean of admissions and financial aid. 250 carrier landings in an and in the actual aircraft. “And last year was itself a near record number. This is a F/A-18 Super Hornet—the Military aviation and naval growing part of the law school’s diversity, and a vital one.” Navy’s most advanced tacti- service run in her family, The son of Korean immigrants, Moon was 18 when he cal aircraft. and Hall was a high school was accepted to the U.S. Military Academy at West Point— “The most challenging freshman in Allentown, just three years after becoming a naturalized U.S. citizen— part was managing stress Pennsylvania, on 9/11.

22 TRANSCRIPT SPRING 2019 in church missions to Peru and Cambodia. says. “You encounter people from all walks of life in the “I think the idea of service through promoting justice military, which helps ease the transition to any new situa- makes law school an appealing option for veterans,” Moon tion. And adjusting to Berkeley Law is easier because the students are collaborative and very down to earth.” Creating a community January 31 offered a prime example of how military and veteran students are gaining a meaningful foothold at Berkeley Law. During a lunchtime presentation, Lieutenant Colonel Shane Reeves discussed an approach to targeting—the process of choosing objects or installations to be attacked, taken, or destroyed in warfare—that respects the prin- ciple of distinction, protects civilians, and is practical to implement. A U.S. Military Academy law professor, Reeves addressed these issues in a recent Berkeley Journal of International Law article. Before the presentation, Ken Cohen ’69 announced a new campaign for the Berkeley Law Active Duty Military and Veterans Scholarship Fund, which will help recruit more students from the armed forces (see page 24). “It’s important to show that our campus welcomes and supports veterans by offering financial assistance to those who need it,” says former Marine Bonifacio Sison ’20. “We’re also expanding robust programming that strength- ens our community after they enroll.” LAST RIDE: Elizabeth Hall ’20 (second from left) is all smiles after her An example: Later that night, a networking function was final Naval aircraft flight. held for area law student veterans at the Marines’ Memo- rial Club in San Francisco. Co-hosted by the student group “I think a sense of duty also and integrate women into Military and Veterans at Berkeley Law, the event drew contributed to my decision,” combat roles with the Royal about 50 law students and attorneys, including judges and she says of enlisting. Australian Air Force. employers from large firms and government offices. At the Naval Academy, her “They have very few “The idea is to build a network of veterans and military interest in law intensified. women in their fighter avia- affiliates within the legal profession,” says Sison, who Hall later served as a legal tion community and training leads MVBL with Michael David Harris ’20, Elizabeth Hall officer, advising command- pipeline, far less than the ’20, and Nathan Keller ’19. ing officers on misconduct U.S.,” she says. “I was hon- Last fall, the group hosted a lecture by Tess Bridgeman, or law-related issues within ored to meet and provide senior fellow at NYU School of Law’s Reiss Center on Law her squadron. She consulted mentorship to young women and Security and former National Security Council deputy with JAGs about actions who lack a female role model legal adviser. Bridgeman—who worked on the negotiation, to take after incidents, in that space.” implementation, and oversight of the Iran nuclear deal gathered facts, interviewed At Berkeley Law, Hall sees under President Obama—discussed current legal issues witnesses, compiled the growing presence of vet- facing the U.S. military in Iraq, Afghanistan, and Syria. reports, recommended and eran students and programs MVBL hosted a welcome reception, attended by veter- coordinated non-judicial enhancing the school’s ans, faculty, law students, family, and friends, where Dean punishment, and forwarded collective learning environ- Erwin Chemerinsky spoke. cases to NCIS if needed. ment. “My classmates are “Having the membership to plan, organize, and execute While working with Aus- so kind and interested in my these kinds of events is an amazing way to challenge ideas tralian military personnel on military experiences,” she and stereotypes about the military and the individu- Whidbey Island in Washing- says. als who serve in it,” Sison says. “Our events are open to ton, Hall also helped recruit —Andrew Cohen everyone, and they’re an opportunity for law students and

TRANSCRIPT SPRING 2019 23 24 and helpthemobtain disability andother benefits. The military backgrounds provide directservicestoveterans cisco VA Medical Centerandother venues. Law PracticumconductsfreelegalclinicsattheSanFran- erans. Aripeforumtoachieve that,theschool’s Veterans Part oftheirmotivation istocontinueservingfellow vet Veterans LawPracticum stories, andunderstand ourmotivations.” publictoget toknowthe general usasindividuals, hearour SEEKING NEW RECRUITS RECRUITS NEW SEEKING

students. ship fund for military and veteran leadership about creating ascholar when he approached Berkeley Law’s ’69Ken Cohen had aclear objective the school and its leadership. That’s shows this isagrowing priority of students, programs, and activities The increase of military and veteran dean to admissions to development. by everyone Ispoke with, from the tion. “Igot avery positive response of The Mortgage Acquisition Corpora- school,” says Cohen, chair and CEO crease diversity of thought inthe law Berkeley Law students fromboth militaryandnon- TRANSCRIPT SPRING 2019 2018 FALL SPRING TRANSCRIPT “I wanted to do something to in - -

sees the campaign as anatural rallying served inthe Navy before law school, at Loeb &Loeb inLos Angeles who classmates. Stu Tobisman ’69, apartner $75,000, many coming from Cohen’s received gifts and pledges exceeding class total indecades. veteran 1Lsthis year, its largest single- the school welcomed 11 military and will fuel recruiting momentum after on January 31. Revenue from this effort Military and Veterans Scholarship Fund for the new Berkeley Law Active Duty encouraging.” At press time, the campaign had Cohen announced the campaign - provider. lawyer ormakes areferraltoanappropriatelegalservices certain situations, thepracticumpartnerswithanoutside ans Affairs, andCourtofAppealsfor Veterans Claims. In ing clientsbeforetheVA regionaloffice,Boardof Veter and submitting variousfilings, andsometimes represent - can offeradviceorrepresentation. needs andconductresearchtoevaluateifthepracticum students meet withprospective clientstodetermine their Luisa Patino ’19, aU.S. AirForce SecondLieutenantwho Their workincludesassemblingdocuments, drafting Military and Veteran Students. Bay Area Law Schools Networking Event for Bonifacio Sison ’20 chat at the second annual NEWS: NETWORK Former Marine Bonifacio Sison ’20, a not allareeligible for fullbenefits. tial costs associated with law school, for the GI Bill, which can cover substan scholarship program.” classmates when they hear about the that those memories resonate with my in the warand never returned. Ibelieve young men who had been sent to fight and many of my classmates knew sity community and the entire nation, an all-consuming reality for the univer ing up inOctober. point with hisclass’ 50th reunion com- charged undertheDon’tcharged Ask, Don’t statusdischarge forveterans dis- benefits andprograms;upgrading ing statutes governing certainVA have includedworkingonamend- ing projectseachsemester. Those law, ithasalsokept megrounded.” me aboutthesubstance ofveterans cy. Thepracticumhasnot only taught hopeless andreallyneedouradvoca- interactions withfolkswhooftenare erans law works, aswellpowerful ing “valuableinsightintohow vet- the practicum.Sheappreciatesgain- General, spenttwosemesters with aims tobecomeaJudge Advocate Although many veterans areeligible He recalls how “the Vietnam War was Students tackleatleast- twoongo Donovan Blount ’21 and - - -

TKJIM BLOCK CATALYST: Ken Cohen ’69 helped to create a new scholarship fund for active military and veteran students.

co-leader of Military and Veteran Stu- dents at Berkeley Law, also notes that many veterans have families, including young children, and that the GI Bill may not cover the expenses of raising a family while attending law school. “When Berkeley Law attracts motivated veterans who want to contribute to campus life, the entire school benefits,” Sison says. “It’s not uncommon for me to meet law students who don’t know any veterans or current active-duty service members. It benefits everyone to demystify misperceptions, increase dialogue, and bridge the military-civilian gap.” —Andrew Cohen

Tell program; and helping veterans with recent criminal lieutenant with no combat experience when a large group convictions through the Oakland Veterans Court program. of soldiers were sent there after serving in Afghanistan. “This provides us with a great opportunity as law stu- “I was green and they were far more experienced than me dents to research and engage with interesting topics that in real warfare,” says Senning, who oversaw units ranging are affecting amazing individuals who, without us, are left from 28 to 110 solders. “It took a lot of humility to lead such with no other recourse,” Patino says. incredible people returning from a really difficult experience and dealing with re-integration and trying to resume Shattering stereotypes their ‘normal’ lives. Working to meet their needs and fill That spirit of service and camaraderie is apparent among resource gaps for them was both trying and gratifying.” Berkeley Law’s military and veteran community. MVBL played a key role in recruiting more veterans to this year’s Learning opportunities 1L class, sending out personal notes to those who were While there are diverse political orientations within the accepted and hosting a dinner during Admitted Students military, “conservative thought seemed dominant,” Sen- Weekend in March. ning says. “If you went on a base, the TVs pretty much “Some veterans are initially concerned with Berkeley’s always had Fox News on. I thought if I’m going to broaden reputation as a liberal campus that’s critical of military my horizons and balance my outlook and development, service,” Harris says. “Our presence helps to dispel that Berkeley would probably be the best place to do that.” myth and encourage students to be open and proud of Co-president of the law school’s Federalist Society their military service. Fortunately, the audience for chapter during his 2L year, on a campus with a liberal the several lunch talks we’ve hosted has included many reputation, Senning would seemingly face an arduous task non-veterans students who want to learn more about the navigating the Berkeley terrain. Not so. military.” “I was leery of finding an echo chamber here, but I’ve Veteran students note the challenge of adjusting from been pleasantly mistaken,” he says. “It feels like we’re see- the military’s rigid structure to law school’s freer dynam- ing more serious debates with more viewpoints represent- ics. Jeff Senning ’19 appreciates that shift, having almost ed in class from when I started here as a 1L. That’s really left the Army out of frustration from “a bureaucracy that encouraging.” doesn’t tailor itself to individual expression.” Some of Berkeley Law’s veteran students grew up in He realized, however, “that my reasons for attending military families. Some felt a calling after 9/11. Some need- West Point in the first place were still there. I still believed ed to enlist to help pay for college. Some have engaged in in the mission, and in the people. As a mentor once told in combat missions around the world. Some never left the me: ‘Mission first, people always.’” U.S. while serving. Many have defied preconceptions.

DELETTO RACHEL While stationed in Hawaii, Senning was a newly minted Patino spent the summer of 2015 as a legal intake intern

TRANSCRIPT SPRING 2019 25 at the American Civil Liberties Union, a frequent critic kinds of situations all over the world, MISSION MET: Chris Moon ’21 celebrates of U.S. national security policies and practices. Teresa working in tough conditions, and graduating from Scanlan ’21—Miss America in 2011—gained such apprecia- getting exposed to cultures different Ranger School with tion for the sacrifices made by the officers and wounded than our own.” his mother, Cindy, at Fort Benning (Georgia) soldiers she met with that she enlisted in the Air National That exposure sometimes con- in 2013. Guard and spent three months away from her son. trasts sharply with classmates—and Berkeley Law’s veteran students show that while there certain moments require a deep is no one path to or within the military, there is a unifying breath. Reyes recalls a classroom discussion last year of commitment to something bigger than themselves. the book Agent Orange. “One student aggressively criticized how soldiers never Catching those who fall stood up for themselves within the military and other Noelle Reyes ’20, a former enlisted Air Force staff ser- things that had no basis in knowledge or experience,” geant, worked as a mental health counselor and medic she says. “Interactions like that can be tense, but they’re with soldiers suffering from PTSD, substance abuse, do- learning opportunities for everyone.” mestic violence, and other issues. Often lacking a full-time mental healthy facility, she created her own initiatives to Momentum in motion help fill the void. With the productive practicum, new scholarship fund “I wanted to reduce the stigma surrounding our profes- campaign, increase in military and veteran students, sion and wrote mental health articles for the base newspa- MVBL’s expanded programming, and ongoing efforts to per, put on events promoting relaxation and wellness, and create a speaker series and military law research op- tried to expand other resources,” Reyes says. “A lot of our portunities, Berkeley Law’s momentum in this area is most impactful work can be done in an unofficial capac- surging. ity.” “Not too long ago, the student veterans group had to In law school, she has worked in a Legal Aid homeless- be administratively revived because membership had ness service project and the Veterans Law Practicum. In gone down and no one took up the task of maintaining college, she was a newspaper opinion columnist, radio our status with the campus,” Sison says. “Fortunately, station reporter and producer, and elephant nature park our organization is seeing a real upswing in activity and volunteer. programming, and with our growing numbers that should “Some people see the military and people who serve in continue.” a narrow way,” Reyes says. “When they meet us, though, While veteran students face a greater lifestyle adjust- those preconceptions start to wash away because veterans ment than most of their classmates, “one thing we learn bring a broad range of experiences. We’ve been put in all in the military is to never get outworked,” Senning says.

26 TRANSCRIPT SPRING 2019 JIM BLOCK school—is invaluable. experiences Senningandhisfellow patriots bringtothe “That’s something wecanallfallbackon.” wrong on the global stage.” as aninstitution until something goes ize how important international law is Keller says. “Ithink we often don’t real and relationship with other countries,” of the United States’ foreign policy editor. as co-editor-in-chief and managing Berkeley Journal of International Law ences helped them deftly steer the Guard executive officer. patrolled the Arabian Gulf as aCoast squad leader. Classmate Allison Murray and Iraq as aMarine Corps infantry Nathan Keller’19 deployedto Kuwait priorities. Our journal roles arean meet different missions, goals, and and adapt your leadership style to you have the opportunity to lead … Murray says. “From avery junior level, experience into every job we perform,” management skillsand leadership transition to guiding that effort. vating ideas.” that each issue presents new and inno forum,” Keller says. “We want to ensure ing authors from around the globe a matter but also geographically, giv scholarship—not only insubject nations define their borders. the sea, targeting incombat, and how as the law of armed conflict, the law of INTERNATIONAL “There isnooneset ofskills, noronlyoneperspective, For Berkeley Law, thatdedication—andthebroadset of “In the military, you’re acutely aware Those overseas leadership experi “The military weaves effective Military service fueled aseamless “We strive for adiverse array of The journal addresses topics such

fall. “In the military, you benefit from Coast Guard prosecutor inAlameda this says Murray, who begins her career as a hosting events has been very positive,” as aleft-leaning campus, my experience a 1L. has grown each year since she joined as Berkeley Law’s Federalist Society, which election outreach efforts, and running the board ing weekly correspondence, assisting in membership—assigning articles, draft journal’s leadership team and general extension of that.” “Although the school has areputation She also served as co-president of Murray acted as aliaison between the

process. APPROACH wonderful fitforBerkeley Law.” shares isacommitmenttopublicservice,makingthem all walks oflife,andallover thecountry. Yet whateachone or veteran possesses,” Theis-Alvarez says. “They’refrom that anactive dutymemberoftheU.S. military, reservist,

—Andrew Cohen thing after serving inthe Marine Corps.” at the journal—which issaying some most impressive people I’ve ever known my time here, and I’ve met some of the discussion,” he says. “I’ve really enjoyed welcome the experience you bring to a vice shaped my viewpoint and always genuinely interested inhow my ser Foerster inSanFrancisco, agrees. intellectual diversity.” and helped illuminate the importance of own. This has shaped my own beliefs people with perspectives apart from your moving frequently and being exposed to “People at Berkeley Law have been Keller, who willwork at Morrison & and Nathan Keller ’19 played leading GLOBE TROTTERS:

2019 SPRING TRANSCRIPT

roles at the

of International Law.

Allison Murray ’19 Berkeley

Journal -

Study Selected Faculty Hall Scholarship Berkeley Law ranks first among public law schools and seventh overall for scholarly impact, according to a report based on the number of law journal citations to tenured faculty’s work over the past five years. Here is some of the high-level, wide-ranging scholarship these educators have produced since 2018. CLOUD CONTROL PRIVACY Increased use of the cloud and its headquarters. Second, there is a need for inter- international scope raise significant national cooperation to create reciprocity. challenges to traditional legal authori- ties that permit access to data stored Schwartz outside the United States. This area of law affects a wide range of important matters concerning law enforcement, national security, and civil litigation. An article by Paul Schwartz develops three models of cloud computing to provide greater clar- ity for courts when evaluating international data access requests. The article’s analysis of cloud models also advances two principles. First, U.S. law should treat extraterritorial data requests equally, regardless of the location of the cloud provider’s CYBERCRIME INTERMEDIARIES Just like ordinary businesses, cyber- impact of these various interventions and tracks criminals need web hosting, market- their success in curbing cybercrime. ing, and product delivery services. As Evaluating the interventions and enforcement a result, a range of enforcers, from efforts, he outlines due process and fairness Hoofnagle governments to intellectual property concerns triggered by such policing. Intermedi- owners to technology companies, impose costs ary enforcement shows, Hoofnagle argues, that and deny benefits to cybercriminals by seizing the web is not an ungovernable free-for-all as it assets that are held by such services. In an article is commonly portrayed by internet utopians and with co-authors, Chris Hoofnagle evaluates the the popular media.

28 TRANSCRIPT SPRING 2019 EMPLOYMENT BANKING & DISCRIMINATION BANKRUPTCY

COMPETITION SYMBOLISM OVER RESTRICTIONS SUBSTANCE Bank regulations have long used price, product, entry, and other The #MeToo movement prompted many organizations to restrictions to protect against hurriedly create or update anti-harassment protocols. Noting various crises, but Prasad Krishnamurthy the perils of this tactic, Lauren Edelman shows how compa- Krishnamurthy says techno- nies often frame incidents as poor management, not harass- logical and institutional innovation—and Edelman ment. She also notes how the mere presence of policies and shifting thoughts about competition in complaint procedures increasingly persuades courts to shield them from banking—now curb the ability to limit such legal liability—even amid substantial evidence that harassment occurred. competition. His paper unpacks how certain Sexual-harassment policies and procedures routinely coexist in organi- restrictions can bolster current bank regula- zations where women face demeaning commentary, unwanted physical tion and industry stability. contact, even threats or sexual assault. Edelman calls out these “symbolic Krishnamurthy reveals how the unintend- structures” and urges courts to focus more on protecting employees from ed historical result of such restrictions limited harm than on protecting employers from lawsuits. banks’ risk-taking incentives and co-opted them into preventing regulatory arbitrage. He argues that the restrictions provide an important legal, political, and economic model for how limits on competition could usefully complement current bank regulation. BRIDGING THE VALUATION GAP Valuation disputes and errors are key drivers of Chapter 11 outcomes, and of most reform efforts. Undertaking a detailed Ayotte examination of bankruptcy court OPENING SOCIAL opinions involving such disputes, Kenneth Ayotte and a co-author probe how parties CLOSURE and their expert witnesses justify their opposing views to judges—and how judges Catherine Albiston and a co-author explore social closure, decide between them. an established social science theory of discrimination that is Aiming to provide practical guidance to insufficiently recognized in legal doctrine. They show how so- the bench, their paper documents surpris- cial closure operates through seminal employment discrimi- ingly pervasive and often self-serving Albiston nation cases in which the courts did not explicitly recognize errors in expert testimony. Ayotte proposes the theory even though it seemed to be operating. simple strategies based in finance theory Their paper states that judges apply existing legal frameworks, even that judges can use to reduce the scope those designed to address systemic discrimination, in ways that tend to of valuation disagreements in Chapter 11, mask social closure by individualizing bias and isolating employment prac- and recommends reliance on peer-reviewed tices from their history and organizational context. Albiston makes several finance and economics literature to assess judge-focused recommendations for better recognizing and addressing the scientific reliability of discount rates. social-closure discrimination in legal cases.

TRANSCRIPT SPRING 2019 29 ECONOMIC CORPORATE & POLITICAL GOVERNANCE INEQUALITY HOLDING BOARDS ACCOUNTABLE HOME INEQUITY LOANS Stavros Gadinis and Amelia A study co-authored by Robert Bartlett finds that lenders Miazad ’02 see chief compli- charge Latinx and African-American borrowers 7.9 and 3.6 basis ance and legal officers becom- points more for purchase and refinance mortgages respec- ing lead actors in ensuring tively—an aggregate $766 million per year in extra interest. Gadinis Bartlett companies’ sound risk man- The study shows that these results persist despite controlling agement and ethical leader- for a borrower’s credit score and loan-to-value ratio, and that discriminatory ship. Their paper reveals that pricing even exists among algorithmic “FinTech” lenders. while holding corporate boards The data does reveal two potential silver linings: (1) Discrimination is accountable has long been elu- Miazad sive, that may soon change declining over time; algorithmic lending may have increased competition or given the increasing stature of compliance encouraged more shopping with the ease of platform applications. (2) While departments. face-to-face lenders show discrimination in deciding to accept or reject a Tracking four recent high-stakes corpo- loan application, FinTechs do not. rate debacles, they chart how courts are increasingly turning to internal reports and recommendations by legal and compliance personnel for evidence of corporate wrongdoing. Gadinis and Miazad argue that such GROWING VOTING GAP reports—especially if ignored—often Bertrall Ross argues that political inequality has largely exposes the board to liability once miscon- prevented our democracy from acting as a check on eco- duct is revealed. nomic inequality, which is at its highest level in the U.S. since the 1920s. He says politicians are more responsive to PASSIVE INVESTOR Ross the wealthy than to other income POWER groups and misperceive The increase of modern capital the electorate’s needs markets owned by passive in- because poor people vote vestors—index funds and funds less, lowering legislators’ traded on stock exchanges—is incentive to enact redis- Solomon sparking major media and tribution policies. academic attention. The potential power of From Ross’ view, such investors to affect corporate gover- reducing the elector- nance and decision-making at their portfolio ate’s income imbalance companies has triggered calls for them to can help reduce political face more regulation and even disenfran- inequality. He explores chisement. three legal strategies For Steven Davidoff Solomon and two co- to help mobilize low- authors, those reactions do not account for income voting—cam- the institutional structure of passive inves- paign finance vouchers, tors and the market context in which they earmarking campaign operate. They call current critiques unfound- contributions, and a ed, but say more passive investing could mobilization-matching raise concerns about ownership concentra- fund—and change how tion, conflicts of interest, and corporate law’s representatives perceive traditional deference to shareholders. the electorate and its

redistribution wishes.

30 TRANSCRIPT SPRING 2019 Study Hall

IMMIGRATION & CRIMINAL DIVERSITY LAW REVIVING PREDATOR POWER OVER DATA A report co-authored by Franklin BORDERS Zimring and Berkeley Ph.D. Tamara Immigration raises polarizing questions about identity, Lave questions laws allowing the economic well-being, state legitimacy, and the boundaries of indefinite custody of sexually Zimring membership and justice. While some argue that borders should violent predators after their sen- generally stay open to allow people to migrate, others say gov- tences end. Research shows that California Song ernments have the right to unilaterally close their borders. predators are far less likely to repeat their In her new book Immigration and Democracy, Sarah Song develops a offenses than robbers, burglars, and drug measured ethical position that respects the concerns of both receiving offenders, yet Zimring describes how such countries and prospective migrants. Balancing the moral significance data has been suppressed for threatening of political membership with the universal obligations to those outside the legitimacy of state laws. one’s borders, Song provides a clear ethical framework for substantive The U.S. Supreme Court and highest state debates—one that can help guide democratic societies in developing more courts have allowed stringent laws regarding just immigration policies. sexually violent predators without requiring proof of actual danger. Reconciling the Cali- fornia study with a well-known Washington study, Zimring explains the preventive ef- fects of increasing age, and how the results undermine a justification for indeterminate lifetime commitment of sex offenders. ELECTRONIC INFORMATION Alexa Koenig Ph.D. ’13 and two co- authors probe how international criminal tribunals can legally obtain data stored electronically Koenig by private, U.S.-incorporated companies for use as evidence. They say the International Criminal Court can pursue DIVERSITY DILEMMA such investigations in the U.S. if it limits Victoria Plaut and JSP student Kyneshawau Hurd review the requests for assistance to claims of crimes use of social science in affirmative action cases, starting with against humanity, war crimes, and genocide the 1978 Bakke case which upheld affirmative action on the asserted against foreign nationals. basis of student diversity but not on the basis of remedying Koenig presents five options to secure pri- Plaut discrimination and under-representation. Although the cases vately held electronic information: submitting cast diversity as vital for a quality education, the reasoning may harm requests to tech companies; filing requests in long-term inclusion efforts. U.S. district courts; seeking assistance from The authors explain how the diversity rationale may appeal to whites’ the executive branch; asking foreign govern- desires to stay atop the social hierarchy. They note that social science lit- ments to submit Mutual Legal Assistance erature on diversity has focused more on the benefits whites gain than on requests on the court’s behalf; and partnering non-dominant groups’ experiences, and that the impact of discrimination with joint law enforcement bodies. and lack of diversity on historically marginalized groups is largely absent.

TRANSCRIPT SPRING 2019 31 Updates from Development & Alumni GETTING TO Relations THE BAIR TRUTH

BUILDING COMMUNITY: The Berkeley Alumni-In-Residence Program includes a weekly coffee klatch (top) and a festive event for 2Ls (Lara Hakki, Dean Brower, and Samantha Hamilton pictured below) to celebrate the halfway mark of their studies.

That outreach includes the weekly—and increasingly popular—coffee klatch. Dineen shows up at 7:30 each Monday morning, coffee at the ready, to chat with all comers about their lives as law students, their hopes as future attorneys, and, no doubt, their need for caffeine. Chen Yu ’21, who makes a point of attending each week to chat with peers, says she appreciates the regular gathering because “it shows that Once upon a time, students ment staff, not the develop- the school cares about every became alumni the moment ment team, who meet, greet, student and wants us to stay they graduated. Diploma in and get to know incoming connected, both in school and hand, their inboxes over- students. They show up after graduation.” flowed with fundraising with T-shirts for incoming After about 80 students requests and invitations to 1Ls; provide goodie bags went to the first coffee morn- networking events. Then, with stress balls, snacks, ing, the turnout has since the alumni magazine began and inspirational messages soared to between 160 and appearing via snail mail, and during exam weeks; throw a 180. “It’s the best part of my recent grads could finally “Halfway-There Celebration” week,” Dineen says. “I love untangle the long history for 2Ls to mark the midpoint talking with students about of their new community— of their coursework; and the projects they’re working always a bit mysterious. officially welcome 3Ls to the on, their plans for the future, The Berkeley Alumni-In- Alumni Association at a mixer and what they’ll be doing dur- Residence Program offers at the end of their final term. ing the summer break.” an antidote to this version With 18,000-plus Berkeley This shift in thinking about of culture shock. BAIR—pun Law graduates dispersed alumni is simple but pro- intended—is a new Berkeley around the world, Associate found, offering a new kind Law program that flips the Director of Alumni Relations of social capital. Once new traditional script, welcoming and BAIR coordinator Erin students connect with BAIR, students into the lifelong Dineen works to instill a a world of possibilities opens alumni fold as soon as they sense of connection and up for engaging with Berkeley enroll at the school. community as early as pos- Law’s global alumni commu- Advancement

And it’s the alumni engage- sible. nity. —Kim Westerman (2X) DELETTO RACHEL

32 TRANSCRIPT SPRING 2019 50-YEAR REUNION STIRS PRIDE, GENEROSITY In October, Berkeley Law welcomed back graduates across generations at Alumni Advancement Reunion Weekend to celebrate the bond and pride they share as graduates of this unique school. Each year, members of reunion classes volunteer to contact classmates and encourage them to attend reunion and participate in their class gift campaigns. For members of the Class of 1968, their 50-year milestone was a time for gratitude and generosity. More than 50 members of the class reunited and made a combined gift totaling nearly $1 million to Berkeley Law. Class of 1968 Reunion Committee Co-chair Russell Sunshine says the 50-year milestone is an important time to give back because, unlike during his time in law school, “public legal education is shamefully under- funded in California today.” Sunshine, who specialized in international development law and worked in 40 coun- GOLDEN ANNIVERSARY: Dean Erwin Chemerinsky (top) thanks the Class of 1968 (members who attended Alumni tries during his career, also Reunion Weekend pictured below) for their generous combined gift. enjoyed the experience of working on the committee. he had as a student—and entire career in criminal law cost virtually nothing,” he He says “interacting with pride for the institution that and was San Diego County’s notes. these bright, modest, and Berkeley Law has become. first public defender, says he Bardsley adds that serv- dedicated individuals was “I’m so impressed by the has felt a moral obligation to ing on the reunion commit- deeply gratifying.” diversity of the student support Berkeley Law since tee is also a lot of fun. “It’s Gratitude propelled Frank body,” Bardsley says, adding almost immediately after been great to reconnect and Bardsley ’69, this year’s that lawyers who collectively graduation. reflect on the past 50 years,” 50th reunion committee better reflect society will “We had a million-dollar he says, “and talk about co-chair, to get involved. He help improve the legal pro- education—probably a lot how we can help others get cites deep appreciation for fession as a whole. more than that over the 40 the wonderful education we

JIM BLOCK (2X) BLOCK JIM the life-changing experience Bardsley, who spent his years I practiced—and it had.” —Rachel DeLetto

TRANSCRIPT SPRING 2019 33

OPENING UP THE WORLD When Ling Huang ’97 direct investment transac- and then worked all the way “At the time, China was in arrived at Berkeley Law to tions, she says, “I’ve truly to partner. It was a pretty the process of opening up to pursue her LL.M., it was the benefitted from my LL.M., hard path for me, but now other parts of the world, and Chinese national’s first time and I want others to have I’m working on some of the people realized the impor- living away from home. The the same experience.” most complicated, high- tance of the rule of law,” Advancement experience opened the world In 2016, Huang made an profile transactions between Huang says. “That’s why I to her in ways she never $8,000 gift to the Berkeley China and the United States pursued a career in this sec- could have imagined. Law Scholarship Fund. In and the rest of the world.” tor.” “I would not have my 2018, she began making Huang’s career spans a Huang looked to Berkeley current career without my quarterly gifts of $2,500 to number of industries, includ- Law because she was tan- experience at Berkeley Law,” the discretionary Berkeley ing aviation, energy, financial talized by the prospect of says Huang, who joined Law Fund. Huang hopes that services, insurance, leisure studying in California and by King & Wood Mallesons’ the gifts and her role at a and entertainment, media, the school’s strong academic Beijing office as a partner global law firm will be an pharmaceuticals, technol- stature. in November. She had spent inspiration to law students— ogy, and communications. “It was a completely differ- 14 years at Shearman & particularly young women— At King & Wood Mallesons, ent experience for me,” she Sterling and 6½ at Cleary who want to follow in her she is helping to expand the says. “I got everything from Gottlieb Steen & Hamilton, footsteps. firm’s presence in the U.S. law school.” where she headed the firm’s “As a China native, mak- and China. —Andrew Faught China M&A practice. ing partner at one of the top Her interest in law dates A specialist in cross-border Wall Street law firms was not to the early 1990s, a critical GIVING TREE: Ling Huang LL.M. ’97 mergers and acquisitions, an easy task,” she says. “I juncture in transnational credits the year she spent at Berkeley Law for much of her private equity, and foreign started as a legal assistant, business. corporate practice success.

34 TRANSCRIPT SPRING 2019 REACh PROGRAM BRINGS BERKELEY LAW HOME TO

ALUMNI Advancement Fueling lifelong engage- at Quinn Emanuel Urquhart ment with the Berkeley Law & Sullivan and member of community is the key goal the Berkeley Law Alumni of the Development and Association Board, stepped Alumni Relations Office’s up to organize the LA REACh new Regional Engagement Board. Kapgan, the president Alumni Chapters program of the LA alumni chapter, (REACh). says that regional chapters Graduates in cities across provide a valuable opportu- the country and around the nity to “showcase inspiring world have often indepen- alumni talent for future gen- dently organized social or erations, foster community, networking events for local and give back to the law alumni. school.” But in response to the During its first year, the broader alumni community’s LA chapter’s programming desire for stronger con- included a young alumni nections to the law school, happy hour, a panel on main- Mary Matheron, the new taining happiness in your senior assistant dean of legal practice, a roundtable Development and Alumni conversation on “the life of Relations, recognized the a judge” with three Berkeley need to create a formal part- Law alumni who serve on nership between the school the U.S. District Court for and its graduates. Central California, a mixer “The REACh program will with alumni and Class of focus on bringing Berkeley 2022 admitted students, Law to alumni in their home and social gatherings with cities,” she says. Dean Erwin Chemerinsky. With the support of “So far, the results have CHAPTER ONE: Yury Kapgan ’01 is president of the first REACh alumni endeavor in Los Angeles. Matheron’s team, REACh exceeded expectations,” will provide opportunities says Kapgan, adding that for networking, intellectual alumni attendees were sessions, timely panels on Alumni Relations Office is engagement, career develop- enthusiastically engaged legal issues in the news, planning to establish addition- ment, and social interaction. and eagerly awaiting future faculty discussions and lec- al REACh chapters in the San Thanks to motivated programs. tures, wellness workshops, Francisco Bay Area, Silicon alumni leadership, the first Matheron emphasizes that and career advancement Valley, and Washington next official chapter launched in the scope of programming is advising. year and in other locations Spring 2018 in Los Angeles, alumni-driven. In addition to “Our focus is delivering in the years ahead. Contact home to Berkeley Law’s sec- social and networking oppor- activities that enrich our Jennifer Friedman ond largest concentration of tunities, some ideas being graduates’ personal and pro- (jenniferfriedman@berkeley graduates. discussed for future events fessional lives,” she says. .edu) to get involved. Yury Kapgan ’01, a partner include hard-to-get MCLE The Development and —Rachel DeLetto

TRANSCRIPT SPRING 2019 35 Advancement BIG SURPRISE 36 tice in1994, and contributed years later for law school. returning to Berkeley three UC Berkeley in1950 before degree inpolitical science at San Francisco, earned a of hisestate plan. lion unrestricted giftas part form of arecent $2.65 mil inspiring—new level inthe reached asurprising—and his devotion to the school passed away in2017. But Berkeley Law before he been agenerous donor to Salera ’56had long Albert

He retired from legal prac Salera, who grew up in future generationswill support atyour almamater. including you, canmake a meaningfulgiftto Berkeley Lawthat without depletingyournow. assets Thismeanseveryone, you are creating alegacythatimpactsthe school’s future By makingagiftto Berkeley Lawinyour willorrevocable trust, while retaining duringyour assets lifetime. Give to theschoolthatmakes adifference 800.200.0575 as potential taxbenefits,contact Planning: the Office ofGift To willortrust,aswell learnmoreplanningviayour aboutgift

2019 SPRING TRANSCRIPT | [email protected] - - u | for these and other alumni ing Berkeley Law. at UC Berkeley before attend majored inpolitical science San Francisco native who Prosser and Jesse Choper. former deans William Lloyd gift was made inhonor of wife, Joan. Their unrestricted died in2016, and hislate from Robert Desky ’51, who received amajor estate gift years of hislife. the law school for the last 50 annually to UC Berkeley and planyourlegacy.berkeley.edu “We areextremely grateful Like Salera, Desky was a Berkeley also recently

- of being one of the top law critical to achieving our goal of the gifts, isabsolutely alumni, whatever the size financial support of our Chemerinsky says. “The our mission,” Dean Erwin who generously support schools inthe country by e areextremely “ — our mission.” generously support other alumniwho grateful fortheseand W DEAN ERWINCHEMERINSKY for financial aid for our stu a primary purpose willbe school is“committed that Chemerinsky notes that the the use of these funds, working with campus on every measure.” dents.” While Berkeley Law is

—Andrew Cohen

- Class

All in the Alumni Family Notes the Environment, and within Distinguished Counselor by Your 1963 its Smith School as a joint the Illinois State Bar Classmates Michael Antin had his sixth venture with the center and Association last year. musical, Lili Marlene, play off the Saïd Business School. Want to Hear Broadway in Manhattan for a Robert is also a visiting fel- year. Its sequel, Swing, low at Oxford’s Institute for 1969 From You! opened in North Hollywood in Population Ageing. Judith McConnell, adminis- March and moved off trative presiding justice of Broadway in May. His award- Ken Nielsen (LL.M.) retired the California Court of Appeal CONTACT US winning Cabaret: Holiday of from active involvement with 4th Appellate District (San Lights – Celebration of Music the Pinchgut Opera Company Diego), will receive the 2019 BY EMAIL by Michael Antin ran at North in Sydney, which he founded ABA Margaret Brent Women [email protected] Hollywood’s Brickhouse with his wife, Elizabeth, in Lawyers of Achievement Theatre, and the Los Angeles 2002. Ken, who spent 10 Award. She and four others BY MAIL Symphonic Winds band pre- years with Baker McKenzie were selected for their pro- Development & miered his Christmas and and then 25 years with Mars, fessional excellence and Alumni Relations Hanukkah carols. Inc. in management positions their work to support women University of California, in Australia and Asia, now in the legal profession. Berkeley, School of Law works on projects to promote 224 Boalt Hall #7200 new music and develop audi- Berkeley, CA 94720-7200 ences for it in Australia. 1971 Robert Evans has retired as executive vice president and 1967 general Counsel of Penumbra, Jay Gaskill is a regular guest Inc., a medical technology columnist for the Post company. Previously, he was Register in Idaho Falls, Idaho. executive vice president and general counsel at Waste Connections, Inc., and a part- 1968 ner at Shartsis Friese in San 1965 August Benassi has been Francisco. Robert McNulty retired from selected as a Leading Partners for Livable Lawyer every year since that Communities, a national designation was started in 1975 nonprofit he co-founded in Illinois. He has also been Lance Ito, retired judge of 1975 and led since 1979. He chosen as a Super Lawyer the Los Angeles Superior has taught for 10 years at every year since 2005, and Court, presented the 2018 E. Oxford University’s Center for was conferred the title Victor Wolfenstein Lecture at

TRANSCRIPT SPRING 2019 37 Class Notes

ANGELA GLOVER BLACKWELL ’77 UCLA, titled “Lessons Lost: The Internment of Japanese Americans during World War CHANNELING II.” The lecture, which includes a discussion of John Henry Boalt, can be OUTRAGE viewed on YouTube or C-Span. INTO CHANGE 1976 Angela Glover Blackwell always wanted to help Therese Foley was appointed elevate marginalized communities. to a judgeship in California’s After graduating from Howard University, she Kern County Superior Court. organized Harlem residents to defend their prop- A solo practitioner since erty from the encroachment of Columbia 1989, she served as a dep- University, and guided Los Angeles’ Black com- uty county counsel at the munity to participate in the first African Office of the Kern County Liberation Day in solidarity to end apartheid. Counsel in 2010. When speaking at a rally or community meet- ing, “I had the ability to get people excited or Nerissa Shklov Skillman angry about something unjust,” Blackwell says. But she lacked the tools to channel that was honored with the outrage into significant change. Council on Legal Education When a friend invited her to tag along to Professor Jesse Choper’s Constitutional Law Opportunity EDGE Award for class at Berkeley Law, “I was blown away,” Blackwell recalls. “It was so interactive, so her demonstrated commit- challenging. I went straight upstairs to get an application, and the rest is history.” ment to education, diversity, That history includes a decade litigating at Public Advocates in San Francisco, founding and greater equality in the the Urban Strategies Council—an Oakland nonprofit that combats urban poverty—and legal profession. helping fund community-building policy groups as a Rockefeller Foundation vice president. At the foundation, while striving to create opportunity in underserved regions across the country, Blackwell realized that the wisdom, voice, and experience of people working for 1979 change in their own community was underutilized. In 1999, she founded PolicyLink to Mark LeHocky, a mediator empower local organizations to bolster communities left behind by disinvestment—often and arbitrator, has joined ADR because of desegregation. Services, Inc., as well as the “After Brown v. Board of Education, white people left big cities for suburbs in order to get faculty of UC Berkeley’s Haas away from the newly integrated urban schools,” Blackwell says. Over time, she explains, Graduate School of Business. “grocery stores and pharmacies closed, jobs and schools moved further away, and safe water, clean air, and infrastructure were deprioritized. People of color were left behind in resource deserts.” PolicyLink promotes an equitable society that depends on people being able to live near opportunity—which means affordable housing, access to clean water, fresh food, public transit, good schools, health facilities, and jobs. Blackwell’s nonprofit has partnered with hundreds of organizations to rebuild opportunity and advance equity in cities nationwide. Some collaborations were so successful that President Barack Obama adopted them into national programs, such as the Healthy Food Financing Initiative, the Promised Neighborhoods Program, and the Sustainable Communities Initiative. The winner of numerous honors, including UC Berkeley’s 2017 Peter E. Haas Public Service Award, Blackwell is troubled by recent regressions in many facets of inclusion and equity. Nevertheless, her long view remains optimistic. 1980 “There’s a powerful force building that is generous and inclusive and visionary,” Maria Echaveste was elected

Blackwell says. “That is our future.” —Rachel DeLetto to the board of directors of (BLACKWELL) DASILVA PETER

38 TRANSCRIPT SPRING 2019 Cadiz, Inc., which is working ing the story of a remark- female managing partner at served on the firm’s man- with public agencies to able man’s incredible life.” Tonkon Torp, has been hon- agement committee, with implement a project that will ored by the Portland more than 25 years of expe- create a new water supply Business Journal as one of rience in counseling clients for about 100,000 Southern 1981 its 2019 Women of Influence. in the life sciences arena. California families and new Ronald Poelman joined the The award recognizes capacity for groundwater Ballard Spahr business and women who are business storage. finance practice in the firm’s and community leaders in 1989 Salt Lake City office. the greater Portland area. Jeffrey Bleich, a partner at Dentons and former U.S. Maurice Sanchez was Ambassador to Australia, appointed to an Orange received UC Berkeley’s Peter County Superior Court judge- E. Haas Public Service Award ship. He had been a partner for his extensive pro bono at Nelson, Mullins, Riley and service and support of non- Scarborough (since 2017) profits and higher education. and Baker and Hostetler The honor is given to one UC (2005 to 2017), and worked alum each year. at Alvarado, Smith and Sanchez (1993 to 2005). Madeline Kass received a Kelvin Filer, a judge on the Maurice was also managing Fulbright Scholar Award for Los Angeles County Superior counsel at Mazda Motor of Vanessa Washington, gen- spring 2019. She serves as a Court, was featured in Los America, Inc., and senior eral counsel at Bank of the visiting professor at the Angeles Lawyer magazine. counsel at Hyundai Motor West in San Francisco, College of Europe in Belgium, In the piece, he reflects on America. hosted more than 70 where she researches and how powerful mentorship Berkeley Law students for a lectures on comparative bridged the gap from his conversation about achiev- United States/European own childhood to a legal ing success in the banking Union environmental law. career, appointment to the industry. The event was part bench, and eventual of the school’s Women in Cynthia Lee wrote a mentoring. Business Law Initiative University of Illinois Law Mentorship Program. Review article last year that Nancy Lemon published the was used as a model for fifth edition of her pioneer- proposed legislation for a ing textbook, Domestic 1985 police use-of-force statute Violence Law, with West/ David Cheit joined Greenberg in Maryland. Thompson. The Berkeley Law Traurig’s Sacramento office lecturer and director of the as of counsel. He handles school’s Domestic Violence 1982 civil litigation in various Practicum is the first person Virginia Phillips, chief judge areas, including business to teach Domestic Violence of the U.S. District Court for disputes, insurance cover- Law, which she began at the the Central District of age, health care, real estate, law school in 1988, and the California, was honored with and employment. first to publish a textbook in UC Berkeley’s Campanile this field, in 1996. Excellence in Achievement Award on May 16 at the 1988 Martin Regalado published Berkeley Charter Gala. Barbara Kosacz joined XOMA In the Still of the Night, a fic- Corporation’s board of direc- tional biography that tors. She is the international Randall Lee joined Cooley as “reveals much about how 1984 head of Cooley’s life sci- a partner in its Los Angeles the FBI operates while tell- Darcy Norville, the first ences practice and has office. A high-stakes litigation,

TRANSCRIPT SPRING 2019 39 Class Notes

investigations, and white- of Appeal (Division Three). ously coined by someone Napa County Superior Court. collar defense specialist, he She had served as a judge at who’s never been to Berkeley. She had served as a com- had been partner-in-charge the Alameda County Superior Nevertheless, Takoma Park is missioner in the Napa of WilmerHale’s Los Angeles Court since 2010. a nuclear-free zone, hosts an County court system since office and oversaw the Los annual folk festival, and has a 2006, and as a deputy dis- Angeles and San Francisco regularly scheduled drum cir- trict attorney with the county offices of the SEC. 1995 cle, so there are some vague for six years. Manohar Raju was appointed echoes of alma mater’s San Francisco’s public home.” Linda Lye was appointed as 1990 defender by Mayor London a judge on the Contra Costa Colin Bowen was appointed Breed. Manohar, who had Jessica Wooley was County Superior Court. She to a judgeship in Alameda been the city’s deputy public appointed as the new advo- previously served as a County Superior Court. He defender, has served in the cacy director at AARP Hawaii, senior attorney with the had served as supervising San Francisco Public where she advocates for leg- American Civil Liberties deputy city attorney at the Defender’s office for the past islation to improve the lives Union, where she was an Oakland City Attorney’s Office 11 years. of people 50 and older. A expert in government sur- since 2015. recent member of Hawaii’s veillance and privacy law. House of Representatives, Jessica had also been CEO of 1991 the legal, lobbying, and advo- 2000 Dwayne Leslie joined cacy firm Aina Aloha Sambhav Sankar joined Adventist Healthcare as vice Consulting, Earthjustice as senior vice president and chief compli- president of programs. ance officer for the Previously, he helped lead Gaithersburg, Maryland- former President Obama’s based health system. National Commission on the BP Deepwater Horizon Oil Spill, and was lead counsel 1992 in many precedent-setting Karen Baynes-Dunning was 1996 cases seeking to protect named interim president and Tracie Brown was appointed natural resources and public CEO of the Southern Poverty as an associate justice in the health at the U.S. Law Center, one of the California First District Court Department of Justice. nation’s leading civil rights of Appeal (Division Four). organizations. She had been a judge at the San Francisco County 1998 2001 Superior Court since 2013. Daniela Raz has joined litiga- Manjari Chawla was sworn in 1993 tion funder Bentham IMF as as a California State Bar Kelly Dermody, chair of Lieff Sonia Cortés was sworn in an investment manager in Court hearing judge. Manjari Cabraser’s employment as a Superior Court Judge in New York. She was previ- will mainly preside over practice group and Yolo County after she was re- ously a partner at the litiga- cases involving California managing partner of its San elected in November 2018. tion firm Kasowitz Benson attorneys who have allegedly Francisco office, will receive Torres, and general counsel violated the State Bar Act the 2019 ABA Margaret Brent and COO for distressed asset and/or the Rules of Women Lawyers of 1997 investor LightRay Companies Professional Conduct. Achievement Award with four Jess Bravin was appointed to LLC. other recipients. the Ethics Commission in Takoma Park, Maryland. He 2003 Ioana Petro was appointed says Takoma Park is called 1999 Jeff Waldstreicher was as an associate justice in the “the Berkeley of suburban Monique Langhorne was sworn in as a senator in the California First District Court Maryland, a description obvi- appointed as a judge on the Maryland General Assembly

40 TRANSCRIPT SPRING 2019 MITCH ZUKLIE ’96 HUMANIZING CORPORATE LAW

Mitch Zuklie always thought he’d be an environmental lawyer. After all, he spent much of his free time fly-fishing and enjoying nature. But after an internship prosecuting environmental crimes in the San Francisco District ties to join the legal departments of our clients,” he says. Attorney’s Office during law school, he decided to cast a Lawyers get credit for time spent on innovation projects different line. they dream up, 99 percent of them handled a matter pro Though Zuklie “never imagined a career in corporate law,” bono last year, and Orrick recently pledged $2 million in pro his path veered unexpectedly when he got hired by the bono legal services to advise entrepreneurs in the energy, Venture Law Group. The boutique firm’s visionary founder, transportation, and land-use space. Craig Johnson, mentored him in the ways of creative Recognizing the challenges of reintegrating at work after disruption. parental or family leave, Zuklie created the role of “Leave After earning his stripes counseling some of Silicon Liaison”—essentially a parental leave coach—and incorpo- Valley’s most innovative companies, Zuklie now helps drive rated successful employee-retention practices used by that disruption as chair and CEO of Orrick, a 1,000+ global European companies that must comply with government- law firm focused on technology, energy and infrastructure, mandated leaves. Since the program’s implementation, more and finance. “The practice of law is disaggregating,” he says. attorneys are staying with the firm long-term. “Traditionally, only law firms provided legal services, but How successful has Zuklie been? Financial Times chose now there are specialized entities that give clients many Orrick as North America’s most innovative law firm in 2016, options to solve legal and business problems.” 2017, and 2018, and Fortune has named it among the 100 Firms must now offer clients better quality and value, but best companies to work for three years in a row—and the No. how to attract great lawyers with top talent being pulled into 1 law firm. other sectors? For Zuklie, it involves creating an environ- “We’re the opposite of a lockstep firm,” says Zuklie, who ment where employees can truly thrive. created an independent advisory board to attract and retain “We’ve transformed the traditional law firm model, offer- more female and diverse lawyers. “We want to increase flexi- ing lawyers a real-time feedback app, meditation training, bility and enable more rewarding career paths for people rais- and even a job board where they can learn about opportuni- ing families.” —Kim Westerman after his election in Texas, where he recently position as a professor at November. He was previ- moved from Seattle, the UNLV Boyd School of ously a Maryland House of Matthew advises companies Law. She has also worked Delegates member for 12 in various industries regard- for major firms in London years. ing privacy, data protection, and Berlin. cybersecurity, and other information security issues. 2004 2006 Jason Gist was appointed to Greta Hansen, Santa Clara the Kenai (Alaska) Superior 2005 County’s chief assistant Court. He has been living Rachel Anderson will serve counsel, oversees the work and practicing law in Alaska Matthew Staples has been as general counsel for of the county’s Social Justice for 14 years, and was an elected as a partner at Nevada Attorney General and Impact Litigation Anchorage assistant district Wilson Sonsini Goodrich & Aaron Ford’s executive team, Section, which is celebrating attorney. Rosati. Based in Austin, and will take leave from her its 10th anniversary this

TRANSCRIPT SPRING 2019 41 Class Notes

Bernadette Bolger ’75 Josef D. Cooper Thomas M. Disselhorst ’75 Ann W. Eliaser In Memoriam Sander Rubin ’79 Richard E. Erickson William W. Godward ’37 Sharon W. Blasgen ’64 Michael W. Popoff ’80 Patricia Giambroni Daniel Kaufmann ’42 John O. Fox ’64 Warren H. Chick ’81 Sydney R. Goldstein Jacqueline Taber ’47 Edward G. Shirley ’65 Jane E. Kahn ’83 Joanne Pickus Gordon Borden B. Price ’50 John R. DiCaro ’66 Veronica Sanchez ’84 Ann O. Hogland George W. Kilbourne ’51 Theodore J. England ’66 Kenneth J. Kress ’85 Katherine C. Holland Alan D. Bonapart ’54 Steven D. Hallert ’66 James J. Panella ’90 Jean Wood Horan Manuel E. Nestle ’55 Robert D. Mayer ’66 Leo B. Helzel ’92 Yukio Kawamoto John J. Franzoia ’56 Courtney A. Smith ’96 Sita Laetsch Merritt I. Sher ’66 Bart W. Wise ’00 Alton Leib ’56 Rolando V. Del Carmen ’67 Virginia Leach Elizabeth D. Mauldin ’09 Donald C. Leddy Bruce W. Hyman ’57 Steven M. Kipperman ’67 Sydney P. Archant ’15 Noel L. Watkins, Jr. ’57 David A. Leipziger ’67 Rhoda Braun Moore Thomas E. Fullerton ’15 Virginia G. Moose Paul Robbins ’58 Stephen E. Ronfeldt ’67 –––––––– Dwight S. Allen ’60 Philip M. Sachs ’67 Leo M. Abrami Cristian Orrego Bernard E. Jacob ’60 Timothy Dreyfus ’68 Ruth Gist Baldwin Sara L. Porter Anthony Griffin ’61 Donald H. Glasrud ’68 Douglas H. Barton Kathleen D. Roman Ronald A. Zumbrun ’61 Paul Z. Goldman ’68 Ralph R. Bennett Stuart E. Salot Leland E. Butler ’62 Michael W. Roman ’68 Beatrice G. Cahn George D. Singleton Samuel D. Cole ’63 John A. Reding, Jr. ’69 Jean B. Coblentz Barbara C. Sonsini Victor G. Binsacca, Jr. ’64 Theodora P. Berger ’71 C. Todd Conover Molly Sullivan

year. Four attorneys in the Cruz County and the San provides legal expertise for practice on intellectual section are Berkeley Law Benito County District startups, entrepreneurs, property. graduates. Attorney’s Office, and prac- and people in creative ticed civil law. industries worldwide. Christopher Moon opened Moon Law APC, a law firm with his identical twin 2008 2010 brother, Kevin Moon, in San Eyad Latif was elected to Jérôme Kommer (LL.M.) Diego. The brothers, both partner at Latham & was promoted to partner in former All-America lacrosse Watkins’ Dubai office as a Quinn Emanuel’s Munich players at UC Berkeley, han- part of the firm’s corporate and Mannheim offices in dle personal injury and department. He represents Germany. He specializes in class action cases. clients in venture capital, complex patent litigation, emerging growth compa- including the coordination of nies, M&A, private equity, international litigation 2007 and general corporate efforts. 2011 Ana de Alba was appointed matters. Becca Rausch (LL.M.) was to a judgeship in the Fresno Josh Rosenfeld became a elected to the Massachusetts County Superior Court. She police officer in Fortuna, State Senate. She worked in had been a shareholder at 2009 California. A former the state’s Executive Office of Lang, Richert and Patch Daniel Prati was promoted “Jeopardy” contestant, Josh Health and Human Services since 2013, where she was to partner in Norton Rose had served as a prosecuting during the administrations of an associate for six years Fulbright’s Houston office. attorney for Mendocino former governor Deval before that. He practices intellectual County and more recently as Patrick and sitting governor property law with an empha- a prosecutor for the Charlie Baker. Jose “Omar” Rodriguez won sis on patent disputes. Humboldt County District the San Benito County Attorney’s office. Superior Court Judge No. 2 Christina Tsakona (LL.M.) 2012 election in November. The established her own solo Joel Wallace has been Mellori Lumpkin-Dawson son of field workers, he had practice, Lawtive, in San elected to partner at Schiff was named an assistant worked as an assistant Francisco. Licensed in Hardin. He is based in U.S. attorney for the county counsel for Santa California and Greece, she Chicago and focuses his Northern District of Georgia.

42 TRANSCRIPT SPRING 2019 THE GOVERNOR’S CLUB NEWSOM TAPS ALUMNI FOR Kate Gordon ’02 Tam Ma ’11 KEY POSTS In 2016, Jared Blumenfeld ’92 got to indulge his love of nature in many unspoiled places while hiking the 2,653- mile Pacific Crest Trail. “It was like doing a silent meditation for 4½ months,” the longtime environmental advocate says. Blumenfeld’s affinity for the outdoors has a fresh focus as secretary of the California Environmental Protection Agency. He is one of six Berkeley Law alumni to accept posts in the administration of new California Governor Gavin Newsom, joining Chief of Staff Ann O’Leary ’05, Office of Timothy Perry ’06 Ann O’Leary ’05 Planning and Research Director Kate Gordon ’02, Deputy Legislative Secretary Tam Ma ’11, Deputy Legal Affairs Secretary Eliza Hersh ’05, and Governor’s Office of Emergency Services Chief of Staff Timothy Perry ’06. At CalEPA, Blumenfeld oversees a $4.6 billion budget and 5,700 employees. Immediate priorities include ensuring access to clean drinking water for more than a million Californians who currently lack it, eliminating single-use plastics, and continuing the state’s robust recycling programs. “Being able to focus on a forward-looking agenda for California when it comes to the environment … I wasn’t going to turn that down,” says Blumenfeld, who was admin- Jared Blumenfeld ’92 Eliza Hersh ’05 istrator of the U.S. EPA’s San Francisco regional office in the Obama administration. “What’s at stake is living on a habit- able planet.” tious agenda” that focuses on making California more afford- At Berkeley Law, he wrote his thesis on the connection able; fostering “justice for all” (which included implementing between human rights and the environment when few were a moratorium on capital punishment in March); and more considering such a nexus. He calls his law school days a broadly ensuring an “effective government” that allows the “seminal experience that helped me really understand this state to counter such challenges as climate change. intersection.” “I benefited through getting a tremendous education, For O’Leary, joining Newsom’s team meant a pay cut from including at Berkeley Law,” O’Leary says. “I feel that every- her position as a partner at Boies, Schiller & Flexner, but the body should be awarded the same opportunities. The innova- move allowed her to focus her career in public service on a tion we see in our country will only be as good as being able grand scale. The former Berkeley Law lecturer previously to lift up people and allowing them to thrive.” served as legislative director to then-Senator Hillary Clinton, O’Leary won the Sax Prize for Clinical Advocacy as Berkeley for whom she focused on children and family policy. She Law’s most outstanding clinic student in 2005, and she also was a senior policy adviser for Clinton’s 2016 presiden- received its Young Alumni Award in 2017. tial campaign. “Going to law school gave me an opportunity, after doing pol- Leading a staff of 150, O’Leary is expected to help expand icy work for a number of years, to really stop and reflect on early childhood education, a stated priority of Newsom. some of the issues I was working on,” she says. “It also gave She will also help him promote a three-pronged “ambi- me the tools to help further that agenda.” —Andrew Faught

TRANSCRIPT SPRING 2019 43 Class Notes

Previously, she was a litiga- panies on issues such as Make Money by Fining the multi-plaintiff litigation, tor at Greenberg Traurig. debt and equity financings, Poor.” The piece details his including discrimination, strategic transactions, and work to challenge the jailing harassment, retaliation, con- corporate governance. of individuals for non-pay- tracts, employment-related 2013 ment of court fees and fines. torts, and wage and hour Conrad Gosen, an associate James Tansey, senior litiga- claims. at Fish & Richardson, won a tion associate in Hogan 2018 Attorney of the Year Lovells’ Baltimore office, award from Minnesota was named to the board of 2018 Lawyer. Conrad was on his directors for the Maryland Riyanka Roy Choudhury firm’s legal team that won Volunteer Lawyers Service. (LL.M.) is a fellow at the group award for its work An MVLS volunteer attorney Stanford Law School’s CodeX on three major patent litiga- for two years, he has helped Center, where lawyers and tion victories to protect 53 clients expunge their engineers work to develop Arctic Cat’s personal water- criminal records, and he computational law. craft, snowmobiles, and all- supports these clients for terrain vehicles. the life of their case. Erika Villaseñor co-coun- seled a landmark case in Ian Peck joined Silicon Legal Micah West, senior staff 2016 which misclassified port Strategy as an associate in attorney at the Southern Candace DesBaillets joined truck drivers sued their its San Francisco office. His Poverty Law Center, was fea- Carothers DiSante & employers and were practice focuses on advising tured in a New York Times Freudenberger. She defends awarded nearly $6 million in emerging technology com- Magazine article, “How Cities employers in individual and back pay and penalties.

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44 TRANSCRIPT SPRING 2019 NICOLE LEHTMAN Major Capital Gains guest lecturers during the seminar and meet with percent of the program’s participants. sional networks. Berkeley Law has accounted for 40 tion, acquiring vital skillsand developing helpful profes government agency, nonprofit, or advocacy organiza ing its 10th anniversary. with aweekly seminar inWashington, D.C.—is celebrat long experience that combines afull-time externship unique UCDC Law Program—an immersive semester- Established byformer dean Christopher EdleyJr., the Renowned judges and practitioners areregularly Students from the five UC law schools work with a - -

- POSTSCRIPT at the Special Olympics Office of General Counsel, helping students—including U.S. Supreme justices. Court Pursuing asports law career, Stacey Ward ’19 externed to prepare for the 2019 World Games and work ing on aninitiative to protect youth athletes from abuse. from Francisco this fall. “It made me realize says Ward, who willjoin Ropes &Gray inSan yers working inalltypes of legal spheres,” “My UCDC experience exposed me to law there’s no limit to the groups of people that my legal career can reach.” - - University of California, Berkeley NON-PROFIT Office of Communications ORGANIZATION U.S. POSTAGE Boalt Hall PAID Berkeley, CA 94720-7200 UNIVERSITY OF CALIFORNIA, BERKELEY

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