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Erin Murphy's Research Shoots Holes in Our Hopes for High-Tech Evidence

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Erin Murphy's Research Shoots Holes in Our Hopes for High-Tech Evidence UNIVERSITY OF CALIFORNIA, BERKELEY, ScHOOL OF LAW SPRING 2008 VOL. 40, NO. 1 PLUS: JESS JACKSON RIDES AGAIN High-stakes horse racing and reform with Boalt’s most famous vintner. 34 Is DNA BULLISH IN CHINA A Boalt think tank gets down to business in China’s supercharged Bulletproof? private equity market. 18 DATA THEFT Erin Murphy’s research How a Boalt professor helped shoots holes in our hopes a Boalt alumnus raise the privacy for high-tech evidence. PAGE 28 protection bar. 22 TRANSCRIPT EXECUTIVE DIRECTOR, UPDATE YOUR ADDRESS COMMUNICATIONS & MARKETING Email: [email protected] Sybil Wyatt Web: www.law.berkeley.edu/alumni/updates EDITOR Phone: 510.642.1832 Jared Simpson U.S. Mail: SENIOR STAFF WRITER University of California, Berkeley Andrew Cohen School of Law 2000 Center Street, Suite 400 ASSISTANT EDITOR Berkeley, CA 94704-7220 Colleen Raspberry CONTRIBUTORS VISIT WWW.LAW.BERKELEY.EDU Jon Jefferson John Birdsall Fred Sandsmark Transcript is published by the University Jeff Bleich ’89 Kara Platoni Colleen Raspberry Bonnie Azab Powell of California, Berkeley, School of Law, Communications & Marketing Department. CONTRIBUTING ARTISTS ORIGINAL DESIGN BY Jim Block Kevin Irby Arno Ghelfi, © 2008 Regents of the University of California. Bart Nagel Randy Pollak l’atelier Starno All rights reserved. TRANSCRIPT SPRING 2008 VOL. 40 CONTENTS NO. 1 FEATURES Bullish in China . 1. 8 Boalt’s business law think tank has partnered with China insider Howard Chao ’80 to tackle the country’s nascent public equity market . By Fred Sandsmark Into the Breach . 22. How a word to the wise from a Boalt expert to a Boalt alumnus altered the cybersecurity landscape . By Bonnie Azab Powell COVER STORY Cold Hits Meet Cold Facts: Are DNA Matches Infallible? . .28 With the help of a famed UC Berkeley geneticist, a Boalt professor splashes cold water on the surefire reliability of genetic fingerprinting . By Jon Jefferson Maverick Jess Jackson Bucks Convention. Again . 34. In the world of high-stakes horse racing, Jess Jackson ’55 is scoring big wins at the tracks and in the courts . By Jon Jefferson COLUMNS DEPARTMents From the Dean........02 In Brief . 03 Forefront . .11 On the Move . 40 Ethics for In-house Lawyers, Patent Reform Duel Becomes Boalt Student Action Figures . .44 Insight Louise Epstein Retires, Tuna a Brawl, The Invisible Handoff, The Billable Hour . Court Justice, Alice Youmans We the Students, Back to the On the Shelves . 42 By Jeff Bleich ’89 Honored, Boalt Meditation Future, Death Row Decision . New and Notable Works from Group, Bay Area Gardeners’ the Boalt Community . Foundation, Domestic Violence Ruling, the Campaign for Boalt Hall, Farewell to Joyce Hall, Dean Edley Awarded Orrick Chair, AGEL (CHAO) AGEL . N Electronic Voting, The New UC Class Notes 45 ART ART B President Joins Boalt’s Faculty . All in the Boalt Family . COVER PHOTOGRAPHY BY KEVIN IRBY SPRING 2008 | TRANSCRIPT | 1 FROM THE DEAN n March 21, about a week before the Regents appointed Mark G. Yudof the next President of the University of California, our faculty voted unanimously to offer him a professorship at Boalt Hall. Several colleagues noted that they would vote to hire Yudof even if he weren’t willing to accept the presidency. And with good reason: He is a distinguished Oscholar (education law, constitutional law), a dazzling teacher, a superb administrator, and a visionary leader in public higher education. That he is also a former law school dean (UT Austin) makes the appointment not just welcome but inspired. On page nine, you can learn more about why “ Two tours of Mark is the right person at the right time for the UC system, and why we are delighted and honored that he will be joining the Boalt community. White House Some sense of that community is captured in these pages: ground- breaking scholarship; legal, technical, and policy expertise harnessed to duty have left engage the big issues of the day; unbelievably talented and committed students; and generous doses of inspiration and amusement from the me immune active and engaged lives of our alumni. Of course, I cannot send something without making a pitch for the to Potomac Campaign for Boalt Hall. In this issue, however, I’ve turned to Laurent fever.” Heller, our director of strategic planning. Laurent lays out for you some sobering facts and figures. We simply cannot succeed without your –Christopher Edley, Jr. support. William H. Orrick, Jr. Keep reading, but realize that the great stories about the great work Distinguished Chair and don’t even scratch the surface of what we’re accomplishing. We’re already Dean hard at work on the October issue. Meanwhile, our Web site is an easy way to keep up with us, or at least try. A few weeks ago I wrote the faculty and staff that I have accepted Provost Breslauer’s invitation to start the performance review process required to continue beyond my five-year term, which ends in June 2009. I wrote not to trigger protests—I hope—but to squelch rumors of Mr. Edley going to Washington. Two tours of White House duty have left me immune to Potomac fever, and as I admitted unabashedly in my note, I have fallen completely and totally in love with Berkeley and Boalt. I’m still unpacking boxes, and still trying to find time to sail. JIM BLOCK JIM 2 | TRANSCRIPT | SPRING 2008 NEWS FROM THE BOALT IN BRIEF COMMUNITY Don’t Go There: IN BRIEF: Avoiding Ethical Traps STUDENT PROFILE* ana Welch corporation as client, ’87 recalls and attorney-client Applicants to that while privilege, as well Boalt Hall: ....... 6,980 working as as alternative Median Grade D general counsel for a dispute services. Point Average: ...3.79 large financial com- In the wake of the pany, she was invited Enron scandal, and in- Median LSAT to join a committee vestigations into ques- Score: .................. 167 formed to evaluate tionable market-timing Class Size: ..........269 the credit strength moves and stock option of potential clients. backdating, in-house Median Age: ..........25 But the seemingly lawyers are increasingly benign request was targeted by the SEC. Age Range: ..... 20-40 an invitation to “They face difficult Students Over disaster. “Say a cli- issues, and they’re more Age 30: .................9% ent defaults on a isolated than a law firm Women loan and as gen- lawyer who can review eral counsel you her concerns with a col- Students: ...........55% have to initiate a league down the hall,” Men Students:...45% collection action,” says Welch. She notes Students of Welch says. “You’ll that applying the ethi- be litigating about a cal rules and maintain- Color: .................38% loan that you had a ing a separate identity Students Entering personal hand in approving.” is hard when you sit next door to the CEO who with Advanced After she left her job as general counsel of views you both as the company’s lawyer and a good Degrees: .............12% Robertson Stephens, Welch continued research friend. “You’re paid by the same people you have to Most Common on the ethical issues that bedeviled her work on advise,” says Welch, “and you interact closely with Undergraduate a daily basis. She discovered that very lit- them, and that environment can lead to situations Majors: Economics, tle attention had been paid to the spe- where it becomes difficult to say no.” English, History, cific ethical problems of in-house lawyers. Welch was the founding executive director of Philosophy, Seeing a need and an opportunity, she the Berkeley Center for Law, Business and the Political Science decided to launch Welch ADR & Training Economy, and her training sessions are part of the *STUDENTS ENTERING BOALT HALL Services, which offers training sessions that focus center’s Executive Education program. DURING 2007–08 SCHOOL YEAR VEER.COM on SEC reporting rules, conflicts of interest, —Andrew Cohen SPRING 2008 | TRANSCRIPT | 3 IN BRIEF Louise Epstein Retires Louise Epstein, Boalt Hall’s assistant dean for FISHY BUSINESS: advancement, retired in Eric Feldman ’89 observes tuna merchants at the March after more than 13 Tsukiji fish market. years at the law school. She led Boalt’s fundrais- ing efforts to unprece- dented heights, and launched many long-term Scales of Justice: initiatives to bolster the alumni community. Her successful pro- grams include Partners Tokyo’s Tuna Court in Leadership, reunion class campaigns, the elling less-than-fresh fish at the Tokyo recurring wrangling among Tokyo tuna mer- State Bar Admissions Metropolitan Central Wholesale Market, chants over the quality of auctioned fish. Rather Ceremony, and the commonly known as Tsukiji fish market, than struggle to resolve their feuds informally, Scholarship Luncheon. can raise a big stink. And no wonder—it’s they turn to the “Tuna Court,” which follows set Epstein also coordinated S the biggest wholesale fish and seafood market in rules and procedures. Fast and inexpensive, the a thriving network of the world. Starting at 5:30 a.m., thousands of tons court doesn’t just mete out justice—it strength- regional alumni chapters. of a dizzying variety of seafood change hands in ens relationships and market cohesion, creating “Everyone who clamorously competitive auc- a shared sense of values and worked with Louise got tions. Disputes over freshness success. caught up in her enthusi- and quality can be acrimoni- The court strengthens “I wasn’t sure what I had,” asm for where the law ous, cause disastrous delays, Feldman says of his initial school was headed,” and breed mistrust and long- relationships and research. “It was the year says Nan Joesten ’97, standing feuds. market cohesion, before my tenure review, and president of the Boalt Enter a unique, state-created creating a shared I didn’t want to come up Hall Alumni Association.
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