Boalt Halltranscript

University of California, Berkeley School of Law Summer 2005 Vol. 38 No. 2 boalt halltranscript Joan Samuelson ’77 Fighting the Good Fight Focus on Faculty Research: from the “War Against Terrorism” to the “War on Crime” Aperture Graduation 2005 Register now at www.law.berkeley.edu/reunion 510-643-6673 email [email protected] All-Alumni Reunion: Saturday, September 24 Celebrate the Boalt community. Renew friendships. Engage your mind. Earn MCLE units while discussing today’s hot legal issues. • Tribal Gaming: Winner Takes All • Did Enron End Wrong? • Life After Death: The Schiavo Case • The Difference Boalt Makes • A Golden Egg for the Golden State (stem cell initiative) • Judging Judging (private judging) • This Land is Your Land, This Land is My Land (Supreme Court property cases) • Nine Scorpions in a Bottle (Supreme Court) • Class-Action Crackdown • Advances in Online Legal Research • To Heir is Human • The Architect, the Widow and the Dean (Boalt history) • Hanging Your Shingle Classes of ’55, ’60, ’65, ’70, ’75, ’80, ’85, ’90, ’95 and ’00 Special dinners are planned for you and your classmates. because you do because we do because together we can make a difference Boalt students benefit directly from your support when you establish or contribute to a fellowship. Contact the Alumni Center at (510) 643-6673 for more details. Nonprofit Organization U.S. Postage PAID University of California Boalt Hall Transcript School of Law University of California 303 Boalt Hall Berkeley, CA 94720-7200 boalt halltranscript Summer 2005 Vol. 38 No. 2 Contents Features 14 Disputing the Alternative 18 Is ADR straining the quality of American justice? By Leslie A. Gordon Boalt Hall Transcript 18 Fighting the Good Fight Editor A passionate advocate for stem cell research, Joan Molly Colin Samuelson ’77 puts a human face on the issue. Managing Editor By Abby Cohn Jacqueline Phillips Staff Writers 22 What Makes for Good Lawyering? Linda Anderberg A multiyear study looks beyond the LSAT. Dan Brekke 22 Abby Cohn By Linley Erin Hall Class Notes Editor Expanding the Definition of Merit Linda Anderberg By Professor Marjorie M. Shultz ’76 Contributors Cristina Bautista 28 EXHIBIT B: Janet Silver Ghent Focus on Faculty Research Leslie A. Gordon Professors Daniel Farber, Deirdre Mulligan, Linley Erin Hall Colleen Sharp Jonathan Simon ’87/’90 and Stephen Sugarman weigh in on key policy issues facing the nation Contributing Photographer and the world. 28 Jim Block Departments Design Patera 2 Dean’s Message 3 Letters to the Editor/Alumni Board Update Your Address 4 In Brief Email: [email protected] Death Penalty Clinic’s leading role in Miller-El; Web: www.law.berkeley.edu/alumni/ EBCLC helps the formerly incarcerated; Oscar-winner services/updateinfo.html Tom Rosenberg ’72; Joseph Siino ’89 says “Yes” to Phone: 510-642-2591 Yahoo!; Microsoft’s cool $1 million gift to BCLT. U.S. Mail: Alumni Center University of California, Berkeley 12 Nota Bene School of Law 38 Galleria: Citation Award Dinner; 303 Boalt Hall Graduation; Events Berkeley, CA 94720-7200 44 In Memoriam: Adrian Kragen 45 Class Notes Visit Our Website 59 Then/Now www.law.berkeley.edu 60 Boalt Calendar The Boalt Hall Transcript is published three times per year by the University of California, Berkeley, School of Law Communications Department. ©2005 Regents of the University of California. All rights reserved. Cover photo by Jim Block 12 Transcript Summer 2005 1 Dean’s Message There’s too little space here to mention even briefly all the recent developments at Boalt Hall. The newest members of our community survived the admissions gauntlet with the dazzling credentials and impressive accomplishments you would expect, and then some. On the faculty front, I’m delighted that four gifted new professors will join us this fall (page 12). Their valuable addition strengthens our curricular and research portfolios in several fields—among them administrative law, corporations, criminal law and immigration. We hope to meet our ambitious goal of expanding Boalt’s core faculty by 40 percent over the next few years. After years of budget stringencies, we’re committed to enhancing Boalt’s research and teaching capacity. The recruitment of these spectacular professors is a stunning success. Exciting changes and cutting-edge work continue to flow from our centers and programs. Professor Pamela Samuelson has taken over the reins at the Berkeley Center for Law & Technology (BCLT), after a long and extraordinary period of leadership by co-founder Professor Peter Menell. A new executive director has arrived to help Pam and colleagues: Robert Barr, formerly vice president of intellectual property and worldwide patent counsel for Cisco Systems. Microsoft’s recent $1 million gift (page 11) will further strengthen BCLT’s preeminence. Elsewhere, we are proceeding with plans to create a Criminal Justice Center, led by Professor David Sklansky; Professor Dan Farber is spearheading a renaissance in our work on environmental law and policy; Professor Harry Scheiber has reorganized his work on the Law of the Sea Institute and the Sho Sato Program to form the new Institute for Legal Research; and I have been working to launch the new Earl Warren Institute on Race, Ethnicity and Diversity. The faculty leadership of the Berkeley Center for Law, Business and the Economy (BCLBE) is shifting from Professors Bob Cooter and Dan Rubinfeld, who will continue leading the Law and Economics Program. Taking over the BCLBE reins are co-chairs Professor Jesse Fried and Visiting Professor Eric Talley. With Dana Welch ’87 as executive director, BCLBE is up and running, pur- suing a vigorous agenda that leverages scholarly resources from throughout the Berkeley campus. For example, BCLBE is planning to co-sponsor a conference with BCLT next year that will craft recommendations regarding the IP, bioethical and economic challenges for California’s $3 billion stem cell initiative. (See the related story on Joan Samuelson ’77—page 18.) Our plans for a new building have reached an exciting phase. Moore Ruble Yudell Architects & Planners, designers of the Haas School of Business, worked intensively through early June with teams from Boalt and Haas to develop an exciting concept for an innovative building that will address Boalt’s core needs for faculty, classroom, research and student activity space, while also fostering collaboration between Boalt and Haas. (You will hear much more about that project in the months ahead.) Meanwhile, as we await the new building, our Alumni Center, Communications, BCLBE and the Warren Institute will soon relocate to much-needed tem- porary space in downtown Berkeley. Boalt faculty continue to produce pioneering research on an array of issues that matter. Professor Marge Shultz ’76 is co-author of a multiyear study of the LSAT and alternative predictors for lawyering success (page 22). Other faculty members are conducting work on subjects ranging from legal issues in the aftermath of 9/11 to the regulatory debate surrounding spyware. I hope to see you at Boalt’s All-Alumni Reunion on Saturday, September 24. You’ll have an opportunity to reconnect with the school and fellow grads, and to engage in discussions on timely legal issues, as well as Boalt’s future. C HRISTOPHER E DLEY, JR . D EAN AND P ROFESSOR OF L AW 2 Transcript Summer 2005 Letters to the Editor A description of the once-popular pastime of penny pitching by Boalt students in the Then/Now column in our spring 2005 issue d Johnston ’39 prompted Mel Cohn ’40 to share some memories of that bygone ritual. —Editors tesy of J. Richar Pitching pennies was a pastime that Photo cour about a dozen of us used to participate in after lunch when we were early for class. As I recall, of the 168 of us who started the first year in 1937, 73 of us survived the first and second-year massacres and started the third year. As an aside, of the 72 of us who survived, 68 of us or 95 (left to right) John Martin ’40, Nicholas Dubsick ’38, Raymond Sherwin ’40 and Jack Hayes ’39 percent passed the 1940 bar exam. The old Boalt Hall had only three class- rooms—large, medium and small— Letters to the Editor: Class Notes: and the professors saw to it that each class fit the classroom. Letters may be edited for style and length. Notes may be edited. —Mel Cohn ’40 Email: [email protected] Email: [email protected] Mail: Boalt Hall Transcript University of California, Berkeley School of Law 205 Boalt Hall Berkeley, CA 94720-7200 BOALT HALL ALUMNI ASSOCIATION BOARD OF DIRECTORS Executive Committee Directors William D. Kissinger ’87 Faculty Directors Michael L. Martinez ’78 Adam Sachs ’86 Terms expire in 2006 Noel W. Nellis ’66 Jesse H. Choper President Ruth Greenspan Bell ’67 Karen Stevenson ’80 Howard A. Shelanski ’92 Christine M. Chavez ’97 Jon B. Streeter ’81 Dana A. Welch ’87 Gilbert S. Coloma-Agaran ’87 Robert E. Willett ’74 Student Representatives Past President John C. Fossum ’66 Jeffrey L. Bleich ’89 Angel A. Garganta ’92 Terms expire in 2008 Ariel Meyerstein ’06 Vice President Catherine DeBono Holmes ’77 Evan R. Cox ’87 Holly J. Fujie ’78 James McManis ’67 Jami Floyd ’89 Vice President Lynn H. Pasahow ’72 James K. Herbert ’62 Avril Ussery Sisk ’87 Nan E. Joesten ’97 John J. Bartko ’65 Matthew W. Sonsini ’92 Yury Kapgan ’01 er Treasur Therese M. Stewart ’81 Mark LeHocky ’79 Henry Shields, Jr. ’74 Thomas S. Williamson, Jr. ’74 Alisa D. Nave ’04 Secretary Joel S. Sanders ’82 Arthur J. Shartsis ’71 Christopher Edley, Jr. Terms expire in 2007 Charles J. Stevens ’82 Dean Mark B. Abbott ’89 Elizabeth P. Allor ’84 Sheila N.

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