THE ADVOCATE Santa Clara University School of Law

School of Law Newspaper Since 1970 Wednesday, February 20, 2019 Volume 49 Issue 2

President trumP deClares national emergenCy: Professor russell resPonds By Ardy Raghian the National Emergencies Act of 1976 supports setting forth the analytical framework used today his decision to appropriate taxpayer dollars in this for the reach of presidential power. Justice Margaret M. Russell is an Associate manner when his very own announcement of the Jackson’s oft-repeated conclusion is that the Professor of Constitutional Law at Santa decision explains “I didn’t have to do this.” The president’s power is at its “lowest ebb” when Clara University School of Law. Russell president’s announcement was almost surreal in Congress has explicitly spoken on a matter within received her J.D. from Stanford University its fippancy and disrespect for the Constitution. its Article I powers. In the case of President in 1984, and is a Board Member of the After warning for several weeks that he would Trump’s declaration of emergency power, it could Equal Justice Society. She is afliated with declare a national emergency if Congress did not not be clearer that Congress has explicitly spoken Santa Clara University’s Center for Social approve the amount he wanted for a border wall, in its allocation of limited funds for Trump’s Justice and Public Service, the Markkula he carried out his threat with crystal clarity as “border wall.” Center for Applied Ethics, and the Center for soon as Congress explicitly rejected his demand. Multicultural Learning. Rather than recognizing that Article I of the Many members of the President’s party have Constitution grants Congress the power of the disagreed with this declaration, as they worry On February 15, President Trump declared a purse, and that the Republican-controlled Senate about the precedent it will set. What kind of national emergency to secure billions of dollars had joined with the Democratic-controlled House precedent will this emergency declaration worth of funding for his border wall. This has of Representatives in exercising that power, the set? raised questions over the scope of emergency president distorted both Supreme Court precedent powers granted to the president. On Monday, and federal statute to invent a so-called “national The president, in his press conference announcing a coalition of 16 states, including California, emergency.” This is a very troubling time for our his “national emergency,” defended his actions challenged President Trump in court. constitutional democracy. by saying that previous presidents, both Democrat and Republican, have declared national Trump’s Emergency Declaration has been The 1952 case of Youngstown Sheet and Tube emergencies with little fanfare or opposition. called “an act of Constitutional vandalism,” is Co. v. Sawyer is hardly an obscure case for those However, as even members of his own party have it Constitutional? familiar with the constitutional constraints on the noted, all of the approximately 60 other national reach of presidential power. This case, which emergency orders since 1976 occurred in the I think that the president’s declaration of a overturned President Harry Truman’s Executive absence of specifc Congressional legislation to national emergency under these circumstances Order directing the Secretary of Commerce to the contrary. The precedent that the “border wall” is fagrantly unconstitutional as a violation of seize and operate private steel mills, is most separation of powers. Neither the Constitution nor famous for Justice Robert Jackson’s concurrence Continued on Page 7

California Bans long guns for PeoPle under 21

By Sarah Gregory “I felt it was my parental and legislative new gun laws passed, including a lifetime Staf Writer duty to answer the pleas from Florida and gun ownership ban for people involuntarily endeavor to make our schools safer for admitted to a mental health facility. Last year marked the deadliest year on all our children. Parents shouldn’t have “The Parkland students in particular were record for gun violence in schools. Since the to choose bulletproof backpacks when very talented at amplifying their voices and deadly Columbine High generating momentum. School massacre in 1999, The numbers of casualties nearly 200,000 minors in were particularly high and at least 193 schools have any time it involves minors experienced a shooting in or children, I think there their schools, according is a particular degree of to a 2018 report from outrage,” said Anderman. Gifords Law Center to However, gun rights Prevent Gun Violence. lobbyists like the National Deadly mass Rife Association say SB shootings, specifcally the 1100 violates the second Parkland Shooting, which and 14th amendments of took place one year ago at the U.S. Constitution, and Stoneman Douglas High that these restrictions are School, is what inspired not the best way to prevent California Senator gun violence. Although the Anthony J. Portantino to restrictions imposed by the draft Senate Bill 1100— they send their children of to school,” bill are substantial, the bill also contains a which went into efect last month. said Senator Portantino in a press release few exceptions. Specifcally, individuals Under the bill, individuals between the promoting the bill. between the ages of 18 and 21 who are age of 18 and 21 will be unable to obtain This sentiment is echoed by gun control either active or retired peace ofcers, law a long gun through sale or transfer from lobbyists throughout California. Allison enforcement ofcers, active or retired a California licensed frearms dealer. A Anderman, a representative of the Gifords members of the military, and individuals long gun refers to frearms like shotguns Law Center to Prevent Gun Violence, says who already possess a California hunting or rifes. Three of the deadliest shootings gun control legislation “was really primed” since 1999—Columbine, Sandy Hook, and for success last year. More than one dozen Continued on Page 2 Parkland—all involved long guns. 2 THE ADVOCATE February 2019

STAFF Editor-in-Chief Shannon Cullen Senior Managing Editor California Bans long guns for PeoPle under 21 Ruben Peña Managing Editor license are not prohibited from acquiring long that this particular age range is causing Ardy Raghian guns through sale or transfer. problems associated with frearm crimes in The California Rife and Pistol Association connection with long guns.” Meanwhile, gun Staf Writer(s) Jenna Anderson (CRPA) lobbied in opposition of the bill, saying control lobbyists cite several academic studies Emily Ashley these exceptions are not enough. Matthew that suggest otherwise. Emily Branan Cubeiro, an attorney for the CRPA, says “it There were 94 school gun violence incidents Christopher Daley is going to drastically impact individuals that in 2018 alone, which is 59 percent higher than Bianca Garcia Vince Ghazzawi are interested in the sport of frearms and the previous record of 59 in 2006, according to Evan Gordon individuals that want to learn about frearm data from the U.S. Naval Postgraduate School. Sarah Gregory safety and how to efectively and safely engage However, the data shows that the great majority Lubna Hakim Jasper Hall in that sort of community.” of the 1,355 school shooting incidents since Wanying Li Before SB 1100 was enacted, individuals 1970 involve handguns, while long guns like Ivan Muñoz between the ages of 18-21 were required to rifes and shotguns makeup only about 9 percent Pedro Naveiras pass a number of tests in order to purchase a of these incidents. Kirby Nguyen Joshua Srago long gun. This criterion included background Nonetheless, the Gifords Law Center to Chris Vu checks and the receiving of a Firearm Safety Prevent Gun Violence says there is a dangerous Certifcate. Gun rights lobbyists like the CRPA gun culture in schools that is causing fear and Staf Photographer Michelle Zhou say the promotion of frearm safety courses unrest among minors. A 2018 report by the law Design Editor is a better alternative to current gun control center shows that nearly 60 percent of high Kristen Daly methods. schoolers report concerns about a potential mass “If we take this approach that people shooting in their school or community. Two- Email The Advocate: shouldn’t be taught frearm safety, that is where thirds of school districts now require schools [email protected] problems can occur and accidents can happen,” to conduct active-shooter drills, with kids as The Advocate is the student news said Cubeiro. “I’m not saying everyone needs young as two participating. publication of Santa Clara University to own or handle a gun, but policy makers seem “Preventing even one person under the age of School of Law. The various sections to be more concerned with passing laws that 21 from committing any kind of gun violence of The Advocate are articles that restrict frearms than their jobs and the issue of with a long gun is an important goal,” said refect the viewpoint of the authors, and not the opinion of Santa Clara public safety.” Anderman. “So, if this bill does that, then we University, The Advocate or its Cubeiro says “there is really no evidence think it’s efective.” editors. The Advocate is stafed by ofered by the author [of SB 1100] to suggest law students. rumor mill By Susan Erwin being thoughtfully self-critical so that you can told that we should have warned the students. We Senior Assistant Dean make genuine improvement. The Law School is do! committed to helping you do that - that’s why we It just doesn’t work to just tell students Dear Rumor Mill, created the Ofce of Academic & Bar Success and something and expect them to internalize it. It seems like everyone is nervous about last July’s all the programs they ofer. We tell you many ways - from orientation, to Bar Exam results, but the administration isn’t If you didn’t take the July Bar Exam, those emails, First Year Fridays, TV slides, grapevine really talking about them. What’s up? results don’t say anything about you. If you’re announcements, facebook posts, rumor mills, nervous about them, confused about them, or just mandatory sessions, MOUs that we make you To answer this one, I asked Professor Kinyon to have any questions about them, come see us in the sign, announcements forwarded through fellows weigh in: Ofce of Academic & Bar Success. I am happy to and faculty, and anything else we can think of Yes, we care a lot about the Bar Exam results. talk to you, and to help you make your own plan to get your attention. Neither I nor any of my Like every other piece of data about our students for success. fellow Deans of Students have found the magic and our educational program, we spend a lot of bullet that will cause students to believe that these time digging through those results to see what Dear Rumor Mill, warnings apply to them. we can learn. Over the years, a lot of changes All of the “Who is 9?” stuf is really annoying. The most efective thing - by leaps and bounds have been implemented based on Bar Exam data We aren’t going to do any of these things and it is - has been the “Who is 9?” campaign. You all and other sources, including the development the insulting that you are posting these stories. read it. You all talk about it. You all remember UP Point policy, changes to the disqualifcation that your Moral Character approval is at stake. and Directed Study policies, redesign of our Bar For this one, I am reprinting a response that You all understand that these things happened to preparation programs and the ALW course, and I gave to one of your classmates who had very fellow law students. Students always approach a push for faculty to align their courses with Bar reasoned arguments for taking down the posters: us at Barristers to let us know that they are not coverage and testing formats. (Yes, that’s why Please allow me to share my reasons for number nine - which is always great news. you’re seeing more multiple-choice questions on keeping the posters up - The details surrounding these incidents have your exams.) I have now been through over 20 barristers been changed quite a bit. The students graduated But there’s a reason we don’t want you to get balls. Some are incident-free but honestly, most eons ago. The folks involved most likely would too fxated on the July Bar results - they don’t are not. Incidents include physical harm, sexual not even recognize themselves. say anything about you as an individual student assault, arrests, incarceration, and many other The negative - that some students might be and your likelihood of Bar success. We really less serious problems. Many students have been uncomfortable reading the statements - doesn’t believe that each and every one of you can pass denied moral character clearance, leaving them outweigh the positive - that someone might the Bar Exam. It takes very serious, deliberate with hundreds of thousands of dollars of debt and internalize the message to be careful. For this preparation over the coming months (and years for no hope for a legal career. reason, we will be leaving the posters up and will the 1Ls and 2Ls). It takes a lot of practice. And it Every time these incidents happen, I am the be adding 8 more stories. takes a lot of self-discipline. one counseling the students and their loved ones. I am always happy to discuss further. To make We’ve been working with you on these skills There is frequently nothing I can do to fx things an appointment with me, just go to law.scu.edu/ since you arrived at 1L orientation, and we’ll after they have occurred. The only way to help current and click on “make an appointment” and keep doing so after graduation through your Bar is to convince students prior to the event to be pick a time that works for you. study period. A key to passing is being honest responsible for their actions (which is a full time about your own strengths and weaknesses, job for every law school dean of students). I can’t Heard a rumor lately? pushing yourself when you don’t feel like it, and even count the number of times that I have been Tell me about it – [email protected] February 2019 THE ADVOCATE 3

new Changes for h-1B Visa seekers By Evan Gordon H-1B CAP petitions during a registration fle large numbers would be to prepare ready Staf Writer period preceding the fling window. During petitions, so it’s no less work.” this registration period, USCIS will conduct Professor Pratheepan Gulasekaram, who Migrant caravans, family separations, and its random selection and electronically notify teaches immigration law at Santa Clara School the border wall have dominated headlines for petitioners of which cases have been selected of Law, questioned the rationale behind the quite some time now, with the Immigration for processing, thereby no longer requiring government’s attempt to tip the scales in favor & Customs Enforcement (ICE) attracting the submission of thousands of cases by mail of immigrants with U.S. advanced degrees. much of the limelight. However, ICE’s less which would ultimately have to be returned. “These changes are being proposed at a media-worthy sister agency, the United States In addition, the order in which the selection time when, in my opinion, the United States Citizenship & Immigration Services (USCIS), process takes place would be reversed. should be looking for more ways of easing recently proposed a new rule in December that Under the current lottery process, the U.S. these legal pathways to entering the country, will substantially impact the highly popular advanced degree cases are counted towards especially if we think we’re committed to H-1B visa program. the 20,000 allotment frst, with unselected this notion that immigration at the specialized According to the USCIS website, the “H- advanced degree petitions getting thrown worker level is good for our economy and 1B program allows companies in the United into the pile of 65,000 non-advanced degree there are employers willing to employ not States to temporarily employ foreign workers cases for the second round of selection. just the Master’s degrees, but also people in occupations that require the theoretical Although applicants possessing U.S. advanced who have other college degrees in these and practical application of a body of highly degrees already have higher odds of selection, specialized areas where we need them,” said specialized knowledge and a bachelor’s USCIS estimates that reversing this order Gulasekaram. “The labor market works with degree or higher in the specifc specialty, or will result in a 16% increase at the likelihood people of all sorts of educational backgrounds, its equivalent.” The Immigration Act of 1990 of selection for those with U.S. advanced coming all the way from high advanced established the program, providing a statutory degrees. Although USCIS recently announced degrees to no degree, and a lot of people in limit of 65,000 H-1B visas to be issued each that the electronic registration system would between.” year. Additional legislation was passed in not be rolled out in time for the upcoming Although the USCIS notice of proposed 2004, reserving an additional 20,000 visas for CAP season, the agency did clarify that it rulemaking states that the increased likelihood applicants possessing advanced degrees from would implement its proposed reversal in the of selection for those holding U.S. advanced American universities. selection process efective immediately. degrees will result in a more highly-educated To cope with the increasing infux of H-1B workforce and be more benefcial to the petitions, USCIS began randomly selecting The Impacts economy, such an advantage might not yield petitions for processing through a lottery- the intended impact in light of rising levels of based system. Through this mechanism, According to USCIS estimates, petitioners visa petition denials. companies fle petitions during the frst fve will save approximately $47.3–75.5 million, As a result of President Trump’s ‘Buy business days of April, and if USCIS receives depending on the frms companies utilize American, Hire American’ Executive Order more petitions than the congressionally set for preparing petitions. The agency further and new policies implemented over the past 85,000 minimum during that time frame, calculates USCIS will save roughly $1.6 two years, petitioners are seeing staggering petitions are selected through a random lottery million annually from cutting down on costs increases in denial rates and Requests for system, with receipt notices issued for selected associated with sorting out unselected flings Evidence (RFEs), where USCIS sends cases, and rejection notices and fling fees and mailing them back to the petitioners. out requests for additional evidence or returned for unselected flings. To put things However, this new role proposal comes at a documentation to establish eligibility for into perspective, USCIS received 124,000 time of heightened concern and confusion for approval. According to USCIS data, the H-1B CAP petitions during the fling window foreign nationals and employers. agency issued roughly the same number of FY 2014, 172,000 in FY 2015, 233,000 in Cindy Jen, a Partner at Fragomen, Del Rey, of RFEs for H-1B petitions during the last FY 2016, and more than 236,000 in FY 2017. Bernsen & Loewy, LLP, believes that these quarter of 2017 as it did during the frst three The H-1B is a highly-sought visa in the new changes might cause anxiety amongst quarters of 2017 combined. Similarly, agency tech industry, especially in Silicon Valley. clients and employees. data displayed an approximate 40% spike in Tech companies throughout the United “They don’t know if it’s going to work… the proportion of H-1B petitions denied from States favor the H-1B because of the fexible is it fair, is it truly electronic and a blind the 3rd quarter to the 4th quarter of 2017. range of requirements to qualify for the draw? What does it look like on the back- In the aftermath of Buy American, Hire classifcation. Whereas other visa categories end? What’s the level of scrutiny for the American, and under the leadership of current have much more rigid sets of requirements documentation? I think any type of big Director Lee Francis Cissna, USCIS has needed to qualify, the primary requirements change like this, when it comes to a procedure undergone a noticeable transformation from for the H-1B call for the position to be a involving a couple hundred thousand cases is service provider to enforcement agency. specialty occupation requiring a bachelor’s probably going to be bumpy,” said Jen. Within the past two years alone, there have degree. Additionally, workers from any However, she was less convinced that the been a variety of policy memorandums either country can apply. Although certain visa new lottery registration tool would decrease implementing or reversing procedures and categories are reserved for nationals from costs and time for petitioners. Given the guidelines, sending shock waves to employers specifc countries pursuant to various treaties, registration window that USCIS has indicated throughout the country. Such changes include foreign professionals from all around the would start 14 calendar days before the frst no longer providing deference to previously world are eligible for the H-1B visa. It is also day to fle H-1B CAP petitions, it would likely approved petitions for visa extension requests, extendable for a maximum stay of six years, not be logistically feasible for most employers prohibiting the usage of the Power of or longer in certain circumstances, and is also to fnalize dozens or hundreds of fully Attorney, subjecting H-1B petitions seeking portable between employers. prepared petitions within two weeks, she said. to place workers at third-party worksites to “I think it actually will create potentially much higher levels of scrutiny, and providing The New Rule more work, because employers might opt to Adjudicating Ofcers much wider discretion enter more people into the lottery thinking to deny application without having to issue On December 3, 2018, USCIS published that it’s not that much more efort, however, RFEs. its new proposed rule in the Federal Register, it doesn’t discount the fact that we have to “The immigration service is not friendly which provides a period of up to 60 days for do the analysis, and it doesn’t lessen any of right now,” said Jen. “There seems to be a the public to comment before submission to the preparation that needs to happen,” said lot of anti-immigrant sentiment and a lot of the Ofce of Management and Budget for Jen.“And if the paperwork turnaround is that anxiety for a couple of years now, and the fact review and approval. The new rule would short of a period of time, I would venture to that this process will be changing is probably require petitioners to electronically register guess that one of the strategies for frms that creating a level of discomfort.” 4 THE ADVOCATE February 2019

Charney hall hot takes By Ivan Muñoz Brittnie Panetta (2L) Staf Writer The curve is a double- Does Santa Clara’s GPA scale/curve put us at a disadvantage in the job edged sword. It provides an market? objective gauge to employers reviewing thousands of resumes in a competitive Sonya Aggarwal (2L) market. On the other hand, it puts approximately half of the While I have not noticed a class in a GPA range many signifcant disadvantage from employers would not even Santa Clara’s GPA scale in the job consider. market, there are some obvious and I question if raising the inherent dangers associated with curve average would really such a system. The curve here can do us justice. While GPA be quite strict and cause employers might not accurately refect to focus on a GPA-focused approach performance, it does have a to your application rather than a tendency to “get it right” most holistic approach. Juxtaposing this of the time. Moreover, an with surrounding schools, such as infated GPA might do us more Berkeley Law, that do not follow the of a disadvantage than the GPA system, this inherently leads curve itself. to unequal comparisons between However, Santa Clara potentially equal applicants. attempts to ofset the impact. For example, there is no GPA requirement for valuable extra curriculars such as Moot Court or Trial Team. In addition, there is an incredible alumni network that strives to ensure Santa Clara Law students success. Overall, the curve will leave some disadvantaged in the job market. That is ultimately just the competitive nature of the profession. If one wants to succeed in the feld of law, then that will requiring studying hard, networking, and seeking opportunities. In conclusion, it takes more than merely performing well in the classroom to succeed.

Enriko Alfaro (2L)

No, I do not think it puts us at a disadvantage for the job market. For 1L year, at least 53% of students are required to receive no less than a B-. And professors are allowed to give 67% of the class As and Bs, which a maximum of 12% of students receiving As. If we turn to other schools from DJ Castillo (3L) out area, for example Berkeley, we see that they are only allowed to give 40% of their classes an honors grade, with only 10% of them receiving a I think in some ways the curve does disadvantage us in that a student’s high honors, while every one else receives either a passing or failing grade. true skill in a particular subject area isn’t always refected in the grade they At Berkeley, employers are not able to diferentiate amongst those who get. But I also feel that Santa Clara does present opportunities for students received the same grade. Employers will not be able to tell if you barely without high grades to take gain practical experience, for example through received a passing grade versus you almost receiving an honors grade. their clinics and externship programs. I have a fatalistic approach to the Here at Santa Clara, a student is able to be distinguished from other grade curve in that I always assume it’s working against me, so I try that students. In my opinion, 67% of the class receiving As and Bs is not much harder. But I don’t believe it’s going to change anytime soon so in something that puts us at a disadvantage. With a B- being equal to a 3.0, I interviews where grades are discussed, and I don’t have an A to show of, I honestly believe that our grade curve, although not the best, does not put us supplement my answers by talking about my practical experience. at a disadvantage. School rank, location, and network capabilities are things that I believe afect student employment opportunities more than the GPA system. February 2019 THE ADVOCATE 5

Pg&e files for BankruPtCy - what’s next?

By Jenna Anderson counties. Staf Writer Bankruptcy allows PG&E to request that “We are our own power company here in Santa their contracts with suppliers be revoked or Clara, we produce our own power, we have our On January 29, Pacifc Gas and Electric renegotiated, which could put smaller and own transmission lines, we have our own power Company fled for bankruptcy, asking the court renewable energy companies out of business. generation plant, so we are a little bit diferent in for $5.5 billion in debtor in possession fnancing. Catherine Sandoval, Professor at Santa Clara the sense that we serve our residents through our The bankruptcy is in part a response to 750 University School of Law who formerly served lines, but we do have agreements with PG&E,” complaints on behalf of over 5,000 victims on the California Public Utilities Commission, said Manuel Pineda, Chief Electric Utility Ofcer from the 2017 wildfres in Northern California. explained that power purchase agreements for Silicon Valley Power. PG&E has potential liability for up to $30 billion between PG&E and smaller companies were Pineda explained, “we have agreements with in damages. PG&E provides electricity and previously approved at a market price, but them for operations and maintenance of diferent natural gas to 16 million customers in Northern now that more solar farms have been built and facilities, there are power purchase agreements, and Central California, employs 24,000 people, renewable energy is growing, the price is much there are transmission line agreements, and we pays millions of dollars per year in statewide lower. Bankruptcy gives PG&E the opportunity serve facilities in some cases. It is a very complex and franchise taxes, and keeps smaller energy to seek to change the debt to be the new lower relationship here and we are currently preparing companies in business. Each city and county in price. It is likely that power providers relied on the paperwork for a multi-level analysis on how California will be afected by the bankruptcy in a the original contract price, and a change such as it will afect us.” Given the early stage of this diferent way, depending on their relationship and this could cause them credit problems. “Right bankruptcy fling, Pineda says he cannot forecast contracts with PG&E. now, this is a credit problem as opposed to a how the bankruptcy will afect Santa Clara. San Jose, on the other hand, Why bankruptcy? may be afected in a diferent way, because San Jose Clean PG&E is an Energy uses a community investor-owned utility choice aggregation that is currently faced program. Community with a multitude of choice aggregation (CCA), inverse condemnation is a model that allows claims based on the communities to join together wildfre’s attributed to purchase electricity from to PG&E’s lines. Cal an alternative supplier while Fire has determined still receiving transmission so far that PG&E’s and distribution service from electric infrastructure their existing utility provider. maintenance and These community choice operation has caused programs are administered 17 of the 2017 by local governments California wine with a mission to provide country fres. While competitive alternatives state investigators to investor-owned utility have cleared PG&E sources. By aggregating of liability for the demand, communities gain deadly Tubbs fre in leverage to negotiate better 2017, PG&E still has rates with competitive potential liability for suppliers and choose greener other fres, including power sources. a fre in Paradise, San Jose Clean Energy California that killed 86 people. power problem, but you can see that this could is the most recent addition to the 14 CCA’s in In response to their damaged credit and a become a power problem, and that becomes an PG&E’s territory. San Jose Clean Energy sources potential liability of $30 billion, PG&E has fled issue of safety and reliability, as well as an issue energy to be delivered over existing lines operated for Chapter 11 Bankruptcy. about rates,” said Sandoval. Customers could by PG&E. PG&E’s potential liability costs are high sufer from delayed implementation of safety As of now, San Jose Clean Energy’s because California law imposes a strict liability measures, higher gas and electric prices, and relationship with PG&E is business as usual. Zach standard on utility companies for property loss slowed progress towards renewable energy goals, Struyk, Deputy Director of Account Management and harm indirectly caused by their operations. Sandoval said. and Marketing at San Jose Clean Energy, The utility company must pay for all costs Customers may also be afected by the PG&E explained that PG&E continues to maintain the associated with a fre, if a power line or any property tax that counties use to fund programs lines, deliver energy, and serve as a customer’s equipment owned by the utility is involved in and provide basic services to their residents. frst call for an outage or service issue. PG&E starting that fre. For example, even if PG&E PG&E is one of the largest private landowners reads the meters and incorporates San Jose Clean were maintaining lines properly, they would be in California, paying more than $460 million in Energy’s charges as a line item in one bill for held liable if an earthquake caused a tree to fall statewide property taxes in 2017-18. Locally, customers. Customers pay PG&E, and PG&E on a power line, which in turn sparked a property PG&E paid Santa Clara County $52,082,912 in pays San Jose Clean Energy. damaging fre. property taxes. A cash-fow pinch could cause Struyk explained that he was nervous when This legal concept is called inverse PG&E to default on these taxes or force them to PG&E planned to fle bankruptcy, but PG&E’s condemnation, which entitles property owners split their payments. This would force counties to frst day motion asking the judge to let them to just compensation if their property is provide services with alternate funds. continue to perform this function for CCA’s was damaged by a public use. Entities subject to Fire victims with lawsuits pending will also approved, and San Jose Clean Energy has a seat at inverse condemnation include the government, be afected. When the debtor in possession the table for the bankruptcy proceedings. municipally-owned public utilities, and investor- fnancing petition is accepted by the court, an “In the future there is a lot of uncertainty out owned utilities. automatic stay is granted, which benefts the there, much bigger than how we are going to debtor. The automatic stay halts any prepetition operate. Some have been calling for a public How will it afect people who rely on PG&E? legal proceedings as well as on the enforcement takeover of PG&E or the lines. Some CCA of any pre-fling judgment. This prolongs the jurisdictions are looking at that more actively PG&E’s press release claims they are not relief sought by fre victims while PG&E takes than others. I don’t think there is a one size fts “going out of business,” and that there will be no potentially years to submit a reorganization plan. all approach. In San Jose we are exploring all disruption to the services they provide customers. options that improve energy afordability, safety, However, customers could be indirectly afected What do Bay Area energy companies have to reliability and transparency,” said Struyk. by PG&E’s relationship with suppliers and say about it? 6 THE ADVOCATE February 2019

99 PerCent of aPPliCants for PuBliC serViCe loan forgiVeness Program denied

By Emily Branan Staf Writer The Department of Education reports that when the program started in 2007, only about 30 percent of its loans were direct After almost ten years of working as an attorney for the loans, and there were a limited number of income-driven government, Ricky L. applied for the Public Service Loan repayment plans available for borrowers. Forgiveness program, hoping his hard work would lead to the “The Department expects few people to be immediately discharge of his student loans. eligible for a loan discharge under the Public Service Loan The U.S. Department of Education initially denied Ricky, Forgiveness Program due, in large part, to complexities of the who asked to remain anonymous because of his close work program Congress created more than a decade ago,” said Liz with members of Congress in California. Later, he learned he Hill, U.S. Department of Education Press Secretary. was on the wrong repayment plan to qualify for the program. The Department of Education expects the number of Even though he was paying more each month than would have approved applications will increase over the next few been required on the correct payment plan, Ricky was out of years. A couple of years into the program, around 2010, the luck. Department began adding resources, such as creating more “I didn’t bother to check every single detail because I income-driven repayment plans, making sure more loans fgured since I was a government employee, I would qualify. qualifed and introducing employment certifcation forms for I was never thinking I wouldn’t qualify because I was on the borrowers to confrm they are doing the right kind of work. wrong repayment plan,” said Ricky. The Department predicts those borrowers who beneftted Ricky’s story is not unique. Federal Student Aid, an ofce from the extra resources will start becoming eligible for of the U.S. Department of Education, reports over 99 percent forgiveness in the next few years. Hill said the Department of the frst applicants for student-loan forgiveness have been is also working to improve outreach and external denied since they became eligible in October 2017. communications about the program. People who work in qualifying public service positions The Department of Education said Congress created while making payments on their loans for ten years are eligible the temporary expanded Public Service Loan Forgiveness for the Public Service last year. It allows the Loan Forgiveness Department to work Program. The College with people who were Cost Reduction and denied when they initially Access Act created the applied and have made program in 2007. consistent payments, “I think it’s just one but were not in the right of those government repayment plan to receive programs that was a forgiveness. good idea, but they Hinkle said although the never really put all the Department of Education mechanisms or pieces may be predicting a in place to administer it higher approval rate carefully,” said Bryan going forward, people Hinkle, Assistant Dean should understand that of Law Enrollment the program is not a Services at Santa Clara guarantee. University School of “It is not in your Law. promissory note. You’re There are three criteria not entitled to receive it. It is just a program that currently that must be met to qualify for the loan forgiveness program. exists and is funded, and could go away,” Hinkle said. First, the borrower must be in the direct loan program. Second, Ricky said he does not think the current uncertainty about the loans need to be on an income-driven repayment plan. the program will deter people from public service, but he says Finally, the borrower must be doing the right kind of work, he defnitely thinks it will afect how long people stay. either for a government agency or a qualifying non-proft “It’s known that you’ll make more money being an attorney organization. in private practice than you would being an attorney for the Hinkle says one of the root problems is that early borrowers government in most cases,” Ricky said. were given misinformation, mostly by loan servicers. Hinkle said another beneft of Public Service Loan “The reason people weren’t qualifying is because borrowers Forgiveness is that there is no tax penalty on the forgiven were getting bad information upon which they relied, so they amount. Under income-driven repayment plans, the remaining would work, taking the steps they needed to take to qualify balance can be discharged after 20 or 25 years of payments, for the program or they misunderstood the employment but borrowers may have to pay income tax on the forgiven requirements, and that is what is tripping up people,” said amount. Hinkle. Hinkle said students who are thinking about careers in Hinkle said the work requirement is another hindrance for which they would qualify for Public Service Loan Forgiveness some borrowers. The American Bar Association recently fled should visit the fnancial aid ofce, read the Federal Student a lawsuit against the Department of Education after four of its Aid website, and review the terms of the program to make employees were denied for not meeting the work requirement. sure they are doing everything they need to do to qualify. In fling the lawsuit, the ABA said it received notice that it was Ricky said he also encourages borrowers “not to wait until no longer an eligible employer for the program in 2016, and the end of their fulfllment to make sure they are following since the Department applied the change retroactively, those they are following every single rule and regulation that is part employees lost nine potential years of qualifying work for the of it.” program. February 2019 THE ADVOCATE 7

President trumP deClares national emergenCy: Professor russell resPonds emergency declaration sets is a treacherous one; it consideration as “impeachable ofenses.” Congress and the courts. It seems almost certain suggests that national emergencies can be declared that the president will not declare an end to the as a political ploy to advance a president’s Is this emergency declaration unprecedented ersatz “national emergency” that he has conjured personal agenda. This consequence would be in terms of abuse of executive power, or is up in order to get his “ border wall.” The National disastrous for our constitutional integrity as a this representative of an ongoing trend toward Emergencies Act of 1976 does not provide a nation, regardless of the party exercising such a the Executive branch gaining more power? specifc defnition of what constitutes a national power grab. emergency, but it provides a check on presidential Both Republican and Democratic presidents power: the House and Senate can take up a joint Critics are saying this is an abuse of power, have increased the use of executive orders to resolution to end the president’s declaration. what are the possible repercussions for broaden the reach of their powers — a trend However, assuming that the president would Trump doing this? that historian Arthur Schesinger termed “The veto such a resolution, Congress probably lacks Imperial Presidency” in his 1973 book of the the required two-thirds vote of each chamber to It is clear that the president sees the repercussions same name. However, even less than a week override his veto. as insignifcant — at least so far. He blithely after the president’s declaration about the border Several lawsuits have already been fled or addressed the imminence of lawsuits challenging wall, a consensus is emerging that this invocation will likely be fled in the next week: by Public his emergency declaration, and voiced a lack of “national emergency” for partisan factually Citizen; Citizens for Responsibility and Ethics in of concern for challenges that would go to the unsupported reasons is in a category by itself. It Washington; the American Civil Liberties Union; Supreme Court. His discussion of the likelihood is dangerous, and there is rightfully cause for the State of California (probably joined by other of litigation is disturbing in his apparent lack of concern. states); and possibly members of Congress. I respect for any constitutional constraints on his think all of them will count in the sense that each actions; his tone is that of a blustering, hostile Critics of the Trump Administration say he presents diferent constitutional and statutory bully as far as the independence of the judiciary is embodies authoritarian tropes, does this arguments and highlights unique injuries to the concerned. emergency declaration demonstrate that? rights of diferent plaintifs. Public Citizen, for So far, the President has sufered few example, seeks relief on behalf of three Texas repercussions for his obvious disregard for Not only does this declaration of a “national landowners and an environmental group. Citizens all institutional actors who disagree with emergency” illustrate the President’s reckless for Responsibility and Ethics in Washington is him. If the House of Representatives wanted disregard of facts and of the Constitution, suing the Department of Justice for failing to to consider articles of impeachment, there are the hubris with which he conducted the press provide documents related to the president’s several possibilities for what might arguably be conference on February 14 shows that he probably decision to declare a national emergency. I think considered impeachable grounds of “high crimes considers “authoritarian” to be a compliment. it is likely that one or more will reach the U.S. and misdemeanors.” I think the president’s Supreme Court, but it will take some time before national emergency declaration is unlikely What happens now? these challenges are resolved on the merits. to be the source of a move for impeachment; there are simply too many other candidates for There are several possible paths, involving JustiCe kaVanaugh and the attiC of Constitutional law

By Christopher Daley cases at least, and that conservatism will be things.” Calabresi underscored that “it’s literally Staf Writer actually quite diferent and separate from the impossible to replace any Supreme Court Justice result of national elections.” He explained, “if with someone who’s exactly like them. There’s “I don’t expect Justice Kavanagh to engage in you were to pick an ideological center of [the just too many issues that the justices deal with for what Justice Ruth Bader Ginsburg once called, Supreme Court], it is not just more Republican that to be possible, but I considered Kavanaugh ‘a spring-cleaning of the attic of constitutional than Democrat but more conservative Republican to be a moderate conservative with a judicial law,’” says Professor Steven Calabresi, Chairman than moderate Republican.” philosophy that is compatible with Justice of The Federalist Society since 1986. “[Justice For Joondeph, Justice Kavanaugh’s Kennedy’s.” Kavanaugh] is just not going to revisit a lot of old confrmation further reveals a “divergence Although Joondeph and Calabresi disagree precedents or overrule them, I think he’s going to between the ideological center of the Supreme on the precise concerns and hopes associated focus on deciding the new cases that reach him Court and the result of now several consecutive with Justice Kavanaugh, there was an echoing directly.” said Calabresi. The Federalist Society national elections.” This concern is amplifed, of agreement between them in terms of the was credited with informing President Trump’s Joondeph clarifed, when the Supreme Court “has moderation Justice Kavanaugh could use in his consideration of Justice Kavanaugh, and while at its disposal the capacity to control the degree to role on the Supreme Court. Joondeph says that Calabresi is hopeful, others continue to be less which the electoral process refects those voting Justice Kavanaugh “has a very well-established enthused about Justice Kavanaugh’s ascension to preferences, like through partisan gerrymandering view of what the Constitution means and how a the Supreme Court. cases, or through campaign fnancing rules.” judge is to go about interpreting the Constitution.” Justice Kavanaugh’s nomination last year was It is in this context that Joondeph is hopeful Adding that, “the hope is that those inclinations objectively contentious and fraught with concerns. that, “Kavanaugh would appreciate all of those however sincere will nonetheless be restrained, Opposition was directly stated from groups like concerns and maybe restrain himself to some to some degree, by concern for the institutional the American Civil Liberties Union, and the degree, in terms of his own personal views on consequences of taking all of those views to their American Bar Association actively called for the constitutional issues, and see the broader threat logical conclusion.” vote on Justice Kavanaugh’s confrmation to be to the legitimacy of the Court, to the legitimacy For Calabresi, these sentiments were found delayed. Now, nearly fve months after he was of the federal judiciary, to our democracy, more in the judicial philosophy Justice Kavanaugh sworn in, conversations about Justice Kavanaugh particularly when the Supreme Court, among the implements in his rulings, expressing that Justice and the political controversy caused by his three branches, might be the most functional right Kavanaugh playing a moderate role is “in line nomination and confrmation have shifted to the now.” with [his] judicial philosophy, as well as with [his] background of the regular news cycle. Calabresi, professor of constitutional law at desire to preserve the reputation of the Supreme While national attention has dwindled away Northwestern Pritzker School of Law, sees Justice Court.” Calabresi says this moderation “refects from him, Justice Kavanaugh’s confrmation has Kavanaugh in a more hopeful light, expressing genuinely what [Kavanaugh] believes as a justice.” re-opened conversations about what should be agreement with Justice Kavanaugh, “that the Whether this moderation is found in Justice expected from a Justice of the Supreme Court. Supreme Court should not go around examining Kavanaugh’s awareness of maintaining Some legal scholars, like Professor Bradley and overruling a lot of precedent--instead it should institutional stability or in his precise judicial Joondeph, professor of constitutional law at Santa focus on deciding cases correctly from now going philosophy is a critical issue, for the tension found Clara University School of Law, think Justice forward.” in Justice Kavanaugh’s position on the Supreme Kavanaugh represents the continuation of a Calabresi, who clerked for Justice Antonin Court is not only the result of external political misalignment between the Supreme Court and the Scalia, sees Justice Kavanaugh as embodying infuences, but internal infuences as well. As political electorate. more the spirit of Justice Anthony Kennedy. Joondeph pointed out, “you run the risk of losing Joondeph, who clerked for Justice Sandra Day “[Kavanaugh] will probably be somewhat more the respect of your colleagues if it looks like O’Connor, expressed concern that “the Supreme conservative than Justice Kennedy on some you are voting insincerely in order to achieve a Court will be very conservative, on ideological things and somewhat more liberal on some particular result.” 8 THE ADVOCATE February 2019 California Considers eliminating Cash Bail

By Bianca Garcia that, the public needs to realize there’s nothing safe about Larkin does not negate the excitement of extracting Staf Writer bail,” said Larkin. money from the equation “because it has really traumatic Current law provides that when someone is arrested, efects on people to be incarcerated.” But he is ultimately “We’re trying to survive,” said Justin Aguilera, that person typically—provided a Judge grants bail—has disappointed to see that this new risk assessment tool Director of Bad Boys Bail Bonds Inc., in a response to a constitutional right to post that bail, at which point a will jail “persons only accused of a crime and presumed Governor Brown’s signing of Senate Bill 10 that would bail bondsman assists them in getting out of custody innocent” on the basis of an algorithm that inputs eliminate cash bail in California indefnitely. before standing trial. information based on socio-economic status, including Aguilera admits that despite the bail industry’s “Most of the time we’re dealing with the family employment and income – a premise the legislation was successful postponement of the bill by way of statewide member,” said Aguilera, describing the process of aiding intended to combat. referendum, California bail bondsmen are beginning individuals and their loved ones. “We have to have While Judge Valencia says “this risk assessment tool to look for other avenues to make a living—“... someone who’s employed, someone who’s been at their gives individuals the opportunity to advocate and speak investigation, interlock devices, and IDs.” job for a while, and we look into all this to make sure that on their own behalf; they can make a demonstrable The bill’s author, Senator Bob Hertzberg, describes person can post bail.” Bail bondsmen work with people showing as to whether or not they will appear on their it as a step toward bail reform that will “...eliminate bias who are fnancially incapable of paying bail by creating own recognizance,” Larkin explains that “60-80 percent and discrimination in the justice system,” according to payment plans and accepting as little as $100 as a down of jails are populated by people who have been convicted his press release. However, critics of the bill like the payment. of nothing.” American Civil Liberties Union argue that the tools But, according to Judge Valencia, the point of “It is crazy that we are basically saying we are going for evaluating risk would refect racial biases against SB 10 is to address the disproportionate impact the to jump through hoops to get people who have been minorities. Critics also say SB 10 will likely result in current bail system has. “It’s [the current bail system] convicted of crimes out of the jail to make room for those more people being locked up, as suspects will be detained disproportionately impacting people of color and people who have only been accused of crimes,” said Larkin for weeks awaiting a hearing, and judges will be given of lower means that they often are the ones that cannot while describing what would happen to people that would too much discretion. aford bail and then they languish in the jail or undergo fall within the medium and high-risk tiers. Santa Clara County Judge Jesus Valencia says the longer periods of incarceration just because they don’t Meanwhile, Aguilera sees the need to keep the court’s primary concern “is one of public safety and the have the means to post bail,” he said. accused accountable by getting individuals to court to efcient administration of justice.” Which is undermined, SB 10 bill requires persons arrested and detained to fght their case. He estimated that there are over 10,000 he says, “if we don’t have the people who are charged or be subject to a pretrial risk assessment, conducted by active warrants in Santa Clara County and fears that accused appearing in court and delaying proceedings by Pretrial Assessment Services, to assess the risk level of criminals will be “looking for opportunities to break the their absence.” Today, about 15-20 percent of people fail persons charged with the commission of a crime. Pretrial law” when they’re only “getting a slap on the wrist.” to appear before the court after being released on bail, Services will both report the risk determination results as Today, bail bondsmen are tracking down those with explained Valencia. While he says the court doesn’t have well as make recommendations for conditions of release bench warrants. But with SB 10, Aguilera posits, “who’s any vested interest in the matter, he admits SB 10 would of individuals pending adjudication of their criminal case. going to fnd them when they have a warrant? It’s not “change the game.” A three-tiered system ranking individuals based going to be the police, it’s not going to be the sherif.” Aguilera, with skin in that game, argues that the on ofense will determine their release. Low- While many defense organizations share Larkin’s bail system is protecting people’s Eighth Amendment risk misdemeanors, will be released on their own view, “the issue should not be setting a rate at how Constitutional right and enables individuals to get out of recognizance, and high-risk felonies will be held through serious the charge is, the issue should be if you’re going jail to fght their case. Meanwhile, Santa Clara County court proceedings. Within this framework, each county to set bail it shouldn’t matter what the amount is. All Public Defender Tom Larkin says bail doesn’t protect in California is required to develop an algorithm to that should matter is if the person could aford it,” said anyone. compute individuals of “medium risk,” by inputting Larkin. “For some people that’s $1, for some that’s $5, “If society cares about public safety, the reality of it is data to determine their likelihood to return to court, thus and for some people it’s $100,000. Your ability to pay permitting or prohibiting release. shouldn’t afect your ability to get out of jail.” faCial reCognition: your image unloCks your CiVil liBerties By Joshua Srago to how that information is being stored and with whom no way for the person to know if they have been tracked Staf Writer it is being shared. Jacob Snow, Technology and Civil and identifed; it’s also not possible for someone to Liberties Attorney at the ACLU of Northern California, reasonably avoid being identifed by facial recognition.” All it takes is that quick glance down and your says, “There’s a threshold question as to whether or not Snow is not alone in considering the risks. Ball phone springs to life. No need for a code, no need for companies should be enabling surveillance in the world recognizes, “There’s a pervasiveness that the Founders a fngerprint, merely using the front-facing camera to we live in where communities of color and immigrants could not possibly have imagined where you can literally capture your image and your phone knows it’s you. Has are being targeted, persecuted, and, in some cases, track everyone’s coming and going every day; you can anything been more convenient in the way we interact terrorized by the government. And what role private do it after the fact; you can do it cheaply; and to allow the with our personal devices? Of course, there are still companies have in saying ‘no’ to technology enabling government access to this information without a warrant certain risks that come with using biometric traits, such as that kind of behavior.” is a little scary.” facial recognition, as the access key to our devices. Companies internally using facial recognition may This is where groups like the American Civil Liberties The recent landmark decision by California Magistrate raise some privacy concerns that must be taken into Union come to the aid of the individuals. Snow draws the Judge Kandis Westmore declaring that law enforcement account, but W. David Ball, Associate Professor at Santa distinction between the possible usefulness and dangers cannot compel individuals to use biometric features such Clara University School of Law, draws a distinction of facial recognition. “Any system that can identify a as faces or fngerprints, making them akin to passcodes between private companies and law enforcement. “It can missing child can also identify a political dissident. Any when unlocking personal devices, may be the frst in a be [a] state action if the police department says to the system that can identify a criminal can also identify a series that raises signifcant questions when it comes to private company ‘I want to contract with you for doing person that is undocumented. The risks to communities individual rights and facial recognition. As technology that.’ But if it’s Amazon that’s collecting this information, of color, to immigrant communities, to poor communities companies begin to ofer and deploy these solutions for or Facebook, or other multiple private entities that are from this new form of technological power is signifcant. a myriad of uses, we will now have to consider at what monitoring us, that’s not a Fourth Amendment issue.” Building this infrastructure is a harm that, once it’s built, point facial recognition software crosses the line from Ball explained, the Fourth Amendment had been read it can’t be undone.” useful tool to violation of individual rights. to extend only to property until Katz v. United States For Snow, it isn’t just a legal question, there is also The frst consideration is the technology. There is where the Supreme Court, “moved away from this an ethical question that must be evaluated, “You have immense value that facial recognition can provide. Not property conception and toward a reasonable expectation the question of whether or not using facial recognition only can it be a tool to aid with accessibility for disabled of privacy conception.” He continued, “When I go out in a given context violates the law and then there’s the individuals, but there are benefts in terms of constructing and walk in the street, that’s not private. If police are question as to whether or not private companies can be environments that better suit how people use them. staking out my house; if police have binoculars watching using it whether it’s legal or not.” Jake Tesler, R & D Hardware engineer for technology my front door; if police have a camera trained on my When asked where the line is between facial consulting frm TEECOM shared, “The business use case front door, those are all things where it’s my front door recognition being a useful technology and a violation of of being able to track identity is that it can help, long- and that’s exposed to the public so there is no reasonable civil liberties, Snow stated, “the line has to be established term, in fguring out how people efectively manage and expectation of privacy.” based on an understanding of the technology. It’s not use spaces. Not just looking at it in terms of groups of If we are aware and accept that this technology exists something that should be established based on how people, but actual, specifc people.” Tesler continued, “It and we are subject to it, what is the risk? Snow says, pervasive the technology is because once technology can help you with ofce layouts and fguring out how to “It is possible to use facial recognition as a biometric at becomes pervasive, it’s much more difcult to roll it organize teams, where to put people, and how to make a scale with hundreds or even thousands of people being back.” more universally accessible space.” identifed in a single image.” Using the example of a The creation and adoption of technology exists on To accomplish this task, companies could use as political protest, Snow continued, “It’s not possible in a sliding scale. On one end, you have security. On the few as two to three images of employees acquired in an instant to fngerprint every single person at a political other end you have convenience. The more convenient the process of getting headshots for the website or a protest, but you could recognize their face with a face something is, the possibility exists for it being much less photo for an access badge and input these images into surveillance tool. Those characteristics make facial secure. The more secure something is, the possibility a piece of software. The software would then compare recognition uniquely dangerous for civil rights, civil exists for it being extremely inconvenient to use. Until the images and build a dataset for each individual and liberties, and resisting pervasive surveillance in our further decisions come down and the law draws further store that information in a database. Once each person is society.” distinctions between an individual’s right to privacy and in the database, all that’s required is that person’s image Snow further elaborated on the dangers, saying, “For the capabilities of technology, the best people can do is being captured on a camera and the stored dataset being facial recognition, there are reasons why the nature of be aware. The ACLU has blogs and reports to provide matched. it as a biometric is unique. It operates at long distances information on the topic, as do other public interest Of course, this immediately raises questions in regards without the knowledge of the person identifed; there’s groups such as the Electronic Frontier Foundation. February 2019 THE ADVOCATE 9

town hall urges Community to Challenge white nationalism

By Chris Vu being racist—with the question “What should I Student Services agrees. “It’s about free speech, Staf Writer do?” The user, who referred to Santa Clara Law you guys are here to learn how to have these School as “...my old school,” received responses kinds of conversations. It’s important that we On a Thursday lunch hour, Santa Clara on 4chan including “Get out the Klu Klux Klan hear all the sides. It’s not our job to say what University School of Law’s Charney Hall Room masks and go and picket it,” and other violent kinds of events we can and can’t have.” 106 was packed—surpassing seating capacity— and hateful comments. Last November, in the wake of the Pittsburgh with students, faculty, and staf. Everyone was “It was really disappointing to hear that shootings, JLSA initiated a task force that will present to brainstorm answers to one question somebody in this law school subscribes to such take on projects to address white nationalism, posed on the large screen: “What actions can an extremist ideology and would act on it,” with the town hall as the frst event. SCU Law take in response to the rise in White said Evan Miller, President of JLSA. “It goes “We’re living in a really great community Nationalism?” to show, that this is everywhere. People like to where we’re surrounded by smart people and lots The town hall - Pushing Back Against White think we’re in a post-racial world, and that’s just of resources,” said Michelle Oberman, Professor Nationalism - was organized by the Jewish Law not the case.” of Law, faculty advisor for JLSA, and head of Student Association (JLSA) along with 15 other As a precaution, campus safety reviewed the the task force. “If we could tap into our own student organizations in response to incidents posts and arranged a safety plan. Per protocol, creativity, we could actually more efectively nationwide, including last October’s synagogue they informed the Santa Clara Police Department respond to the despair that we’re feeling.” shooting in Pittsburgh, the Charlottesville Rally, (SCPD). In the event threats escalate, the SCPD During the Pushing Back Against White and the Charleston church massacre. steps in. Nationalism town hall, faculty, staf, and Student leaders were not alone. The law “Whenever there’s a feeling that the discourse students sat together in groups and wrote down school’s Committee for Diversity and Inclusion could get a little fery between the sides, then ideas. The room collectively picked 30 ideas. ofered its support. we’ll just go in and make sure everybody gets Moving forward, the task force will prioritize the “There’s been concern about the status of their say,” said Philip Beltran, Director of projects that can be readily pursued this spring the country and what’s going on politically,” Campus Safety. semester. said Allen Hammond, Professor of Law and Campus safety ofcers were present in Oberman emphasizes that the task force, Chair of the Committee. “We’re here to provide uniform, monitoring the two exits and checking like the town hall, is open to anyone. “This is a an environment that is both inclusive and participants’ IDs. Two Santa Clara Police project for the entire community - it’s not a top supportive for our students.” Ofcers were also present, standing guard down thing. Anybody who shows up will have The event was originally planned for last outside the room. In the end, there were no a chance to have their voice heard on what they November, but organizers had to postpone it disruptions at the town hall. think we should be doing frst,” she said. due to the unhealthy air quality caused by the “I think you shouldn’t be dissuaded or The task force calls “for folks who have a Paradise camp fre. But, there was another urgent discouraged by any topic in that arena, so use us strong sense of things moving in a troubling situation that had to be addressed. so you have a safe event,” said Beltran. “That’s direction,” said Oberman. Or “feel some sense of Concerns for the safety of the event were what university is all about around here, that moral obligation.” raised when an anonymous user posted the fyer dialogue takes place.” “This is your community saying ‘we need on 4chan—a fringe online chat board known for Susan Erwin, Senior Assistant Dean of your voice, we need your energy.’ It’s time.”

new PartnershiP PrePares students for life after law sChool

By Wanying Li The fve modules provided are: Business contributed to her obtaining a desired internship Staf Writer Fundamentals and Professional Communication, with a law frm. Project Management, Process Improvement, “Training is more efective when accompanied Santa Clara University School of Law Innovation, Technology and Knowledge with practice such as internships,” says Tammy partnered with the Institute for the Future of Management, as well as Data Analytics and Dawson, Santa Clara University School of Law Law Practices (IFLP) in November 2018 to Artifcial Intelligence. Depending on students’ Career Counselor. bring real-world problem solving opportunities upcoming internship placement—determined Dawson also confrmed that from her to law students. IFLP grew out of the Tech by their expressed interest—this module teaches experience, companies are seeking trusted Lawyer Accelerator program at the University them how to integrate the knowledge and skills advisors. In other words, lawyers who have of Colorado School of Law in 2018, and has learned from the training into their following an understanding of their business, show good since been educating law students on practical internship. After the training, students are placed judgement, and can generally help them make working skills, and successfully placed more than into paid internship with IFLP partner employers difcult business decisions while minimizing 90 students in paid internships that later led to ranging from corporate to public interest law risk. Students who show potential in these areas permanent employment upon graduation. frms, which then provide students a chance to will generally be more competitive. She strongly Lisa Colpoys, Program Director for IFLP, practice and refne what they’ve learned from the encourages students to try out opportunities chose Santa Clara Law as its 17th partner school training. like IFLP. As many IFLP partner employers are because the campus demonstrates innovation in Lauren Diner, who participated in IFLP last located in Midwest and Mountain States, students curriculums, which is well-aligned with IFLP’s summer and is currently in her second year at who plan to stay in California upon graduation core value—preparing law students with a “bigger Northwestern Pritzker School of Law, says the may be placed in internships in other states. tool box” to handle various challenges of today’s IFLP boot camp is helpful because law schools However, Dawson suggests students, especially complex and dynamic legal world. usually do not teach students enough lawyering frst-years, not turn down an internship solely “Legal employers are demanding that their and project management skills, which is expected based on its location. lawyers understand how their businesses operate, from employers. “Most employers are more interested in and they want their lawyers to have certain skills “I was able to take a lot of those foundational what skills you developed than in the location that allow them to be trusted advisors of their skills that I had practiced and put them into a real where you spent your frst-year summer,” she business,” said Colpoys. “Those skills include life company setting,” said Diner. “Especially for said. Moreover, Ms. Dawson emphasizes that basic business skills and an understanding of how second-year students, you really don’t have a ton networking always plays an important role in technology is used in their business.” of opportunity to make meaningful connections one’s career path. However, there is “no one way IFLP adopts a learning model that combines with employers, and the employers that are signed to good jobs,” says Dawson, who encourages training with a guaranteed internship afterward. up to partner with IFLP are real reputable big law students to contact the Ofce of Career The training prepares students with operational companies.” Management for career-related question. and business skills that complement traditional In the past summer, Diner interned with Neota To participate in the IFLP, students need to law school courses, while exposing students to Logic, a New York based software company, submit—via IFLP’s online application—their various industrial topics such as Data Services, where the whole team mentored her. Although resume, cover letter and a written assessment that Finance and Accounting, and Technologies. Lauren is not returning to her IFLP employer this provides solutions to a given real-world legal There are fve three day modules that participants coming summer, she regards her IFLP internship problem. Applicants nominated to the candidate must complete. Unlike traditional classroom experience as a highlight that makes her resume pool will be interviewed by IFLP. Qualifed experiences, training modules largely consist of stand out. IFLP experiences also prepare students applicants will be referred to partner employers team activities, hands-on projects, and capstone like Diner to talk about their past work during and successfully matched students will be presentations that receive feedback from industry interviews with prospective employers, which ofcially admitted. experts. 10 THE ADVOCATE February 2019

Professor sPotlight with karla de la torre

By Pedro Naveiras but there has also been a big pushback. This quote is Staf Writer in my book too, but it’s important. “America is too great for small dreams” -Ronald Reagan. This keeps Karla De La Torre, Santa Clara University me optimistic because people in their hearts want to School of Law Adjunct Professor of Law and Law do the right thing. Admissions Counselor, recently published her book, Life, Liberty, and The Pursuit of Happiness What can students at SCU Law do to support the (La vida, libertad, y la busqueda de la felicidad), undocumented community, both in the law school where she shares her story—in poetry and prose— and in their everyday communities? about the realities of being an undocumented immigrant in the United States. Get educated. We have immigration classes here at Santa Clara. Maybe you think you’re tech and What inspired you to write this book at this you’ll never have to deal with this side of the law, time? but you might have an immigrant working next to you. With how globalized our world is, it is nice to I wrote it so that people could understand the have a little knowledge about other things. You don’t political climate. The current political climate has have to go to the border. Realistically, the best thing been such that it is based on people’s beliefs on you can do is get educated and speak up. That’s immigration, as opposed to actual facts to what the why I wrote my book, I was hoping to educate and process is, what livelihoods are like, and it really inspire. irks me. What happened during Obama era with DACA was a positive change in immigration and people What are the three main takeaways that you felt safe to come out and tell their story. Then this hope people will get from reading your book? administration came in and we’re back to the Bush era and people are scared. No one wants to be in that 1. Immigration policy cannot be condensed place. We’ve been there before and hopefully we into sound bites or memes. It often leaves gray won’t be there long. areas... So many gray areas, and I want people to better understand immigration. Is there anything you’d like to talk about that I 2. Let people know they can achieve their haven’t already asked about? Is there something that makes you feel optimistic goals if they keep trucking along. I hoped that law about the future? students would read it and see there is a light at the I put the book out there to inspire people to tunnel. share their story. I think it would be false to say Yes. The fact that the U.S. has encountered tough 3. I wanted to give people a real look at what I’m not scared. When there’s a tough time socially, times before and it has somehow found the way it is to be a student. So long as you keep doing what it is scary. I might lose it all tomorrow and that’s to prosper. Also, I love the U.S. This is a country you love and are interested in, you’ll reach a point the reality for a lot of people. I want people to be my parents came to because of the fact it is so where you wake up are happy. You never know encouraged to be kind to one another. Whether you prosperous. It makes me think of the Hamilton song, where life is going to take you. It’s a beautiful ride, ever see each other again, you see these people. our diversity is our strength. The fact that there have as painful as it can be. You’re all pursuing the same thing and that unites been people who have tried to limit immigration, you. Be kind. san Jose’s google Village: what does this mean for housing? By Emily Ashley or provide services in that mixed-use land? Some wants to see more immediate action. Staf Writer community members expressed concern for lower- “That’s cogent - I think they have cogent income workers in the area being pushed out of the arguments, and that’s a good one right there, but Google’s rapid development may soon be city to places like Hollister or Tracy where they ultimately I think because you already have a pre- knocking on San Jose’s door. The tech giant just can’t access the public transportation that Google existing homeless problem- that would be good announced massive expansions to its operations in is excited about. But, the company hopes to work if there wasn’t a huge amount of people already Austin, TX, and they’ve recently bought property with the city to eradicate that issue. living in the street, and by the time Google moves in San Jose that will potentially host a new Google “The well-being of a community is afected in in 5 years, who knows how big the homeless village. While some celebrate the economic when those that work in our shops, build our problem will be,” said Wagers. stimulation that San Jose will see as a result, others buildings, teach our kids, protect us can’t live in Wagers believes technology companies, like fear what its arrival will mean for housing and the communities that they work and I realize that Google, contribute to the lack of afordable housing rising rent prices in the area. Google can’t solve all those problems, but I really in Silicon Valley. Mark Golan, Vice President of Real Estate fundamentally believe that we can be part of the “Technology is creating more homelessness for Google, says they were drawn to San Jose solution by working with the community. We also than it can abate. And I see why, because of the largely because of the growing Diridon Station believe that for us to thrive, the community also supply & demand of housing. The cost of housing and its potential to provide an easy commute for has to thrive,” said Van Belleghem. is driven up by tech workers who make, you know, employees. If built, the village will sit on West Elisabeth Handler from San Jose’s Ofce of $150-200,000 a year,” Wagers continued. Julian Street near the station. Economic Development believes that the solution While some residents share concern that an “We see the problems that exist when lies within business taxes, and Google will be infux of people could move into San Jose to take workplaces are built away from areas where people instrumental in driving up those revenues. high-paying jobs at Google, Handler believes those can commute through public transportation or “Our residents go elsewhere to earn their positions will go to people who already live in the away from areas where they can live,” says Golan. money- and that means those towns where they city. Google is attempting to create a “much better are earning their money- in Cupertino or Mountain “It’s not as though these people are being quality of life in terms of reducing their commute,” View or Palo Alto- are collecting the business taxes imported from Mars… they’re just people who he said. and revenues from those companies,” Handler live here and are going to work downtown, which While increased means of transportation is says. “It’s business taxes that pay for residential feels like a win-win not just for the city, but for the often viewed as a benefcial development, some amenities.” residents of the city,” said Handler. members of the community are concerned about Pastor Scott Wagers of the Community Google wants to hear from the city itself, so housing and rising rents. Google is looking to Homeless Alliance Ministry thinks the approach to they’ve been taking action- like attending public expand the area, knowing that with a new campus, afordable housing should be more direct. engagement meetings- to seek the community’s new shops and restaurants will start popping up, “The city is selling public land to a corporation, input on their plans. creating mixed-use purposes for the land in the and for what? To really make way for Google- and “This is the beginning of the process for us, area. their premise is that somehow that’s going to help now that we’re getting close to having a site that’s “Mixed-use [land] is very important to create the homeless & the poor, and that’s just not going viable we really want to hear the feedback from vibrancy,” says Joe Van Belleghem, Senior to happen. It’s not logical, unless Google directly the community before we decide a plan,” Golan Director of Development at Google. starts to subsidize housing for the poor,” Wagers says. “There’s nothing that has been done in any But, how will that vibrancy impact nearby said. detail because frankly, we want to hear from the rents and, specifcally, the people who run shops Wagers agrees with Handler’s point about the community frst.” benefts of business tax revenues for housing, but February 2019 THE ADVOCATE 11

Blood, money, and JustiCe: Jamal khashoggi’s murder

By Lubna Hakim By suggesting that only a blatant response to the Khashoggi murder. Staf Writer confession from MBS would confrm his A year before the killing, MBS said that involvement, Trump has signaled that he he would use “a bullet” on Khashoggi if he Disclaimer: All opinions expressed by the trusts MBS more than our men and women did not return home and end his criticism author below are solely his/her opinions and in the CIA. This isn’t the frst time Trump of the government. Khashoggi fed to the do not refect the opinions of The Advocate. has sided with the denials of strongman over U.S. under a self-imposed exile in June Americans. The administration’s disbelief of 2017, after feeling unsafe in Saudi Arabia. Walking hand in hand through the streets the CIA report is likely tied to undermining Khashoggi, an Indiana State University of Istanbul, Turkey, Jamal Khashoggi and the Russian investigation concerning (ISU) graduate, could have been any his fancé were ready to begin their new the interference in the 2016 presidential U.S. resident passionate about freedom life. The Washington Post columnist known election. By weakening the credibility of of expression. The U.S. must protect the for being a critic of Saudi Arabia knew that U.S. intelligence in the Khashoggi case, constitutional rights of freedom of press this October day would be fateful, but not Trump attempts to support his claims of an and speech in which a Virginia resident died in the way he imagined it. As he walked unreliable CIA. It is a dangerous time in for. In the end, money and power buried into the Saudi consulate to obtain a copy of our country when the president ignores the the innocent soul of Jamal Khashoggi. his divorce papers, allowing him to legally CIA’s fndings in favor of a Prince that says Nevertheless, Congress provides some hope marry his fancé, a 15-man Saudi hit-squad “it wasn’t me.” of justice and has promised to discipline stood ready to execute and dismember him. In its fact-intensive conclusion, the even the most powerful. Until this day, Khashoggi’s remains are CIA reported “high confdence” of MBS’ In December, the Senate passed a non- missing, leading turkish ofcials to believe involvement. The CIA explains that high binding resolution condemning the murder his body was dissolved in acid. The brutish confdence entails quality information that of Jamal Khashoggi and confrming MBS’ murder of our Virginia resident highlighted allows for a solid judgment on the issue. direct responsibility. As a response to where President Donald Trump’s allegiances Republican Senator Lindsey Graham, a Trump’s denial and inaction, Congress lie. By standing with Saudi Arabia, Trump usual supporter of Trump, stated, “There’s triggered the Global Magnitsky human shouted to the world that he couldn’t care not a smoking gun. There’s a smoking rights act. Under this act, the president has less about American values, morals and saw.” Graham further emphasized, “You 120 days to submit a report determining laws. have to be willfully blind not to come to the MBS’ direct involvement and placing Initially, Saudi Arabia denied any conclusion that this was orchestrated and human rights sanctions. Friday, February 8 involvement with the disappearance of organized by people under the command of marked the deadline to submit the report. Khashoggi. But after weeks of persistent MBS.” Unsurprisingly, Trump has failed to respond denial, the Kingdom eventually confessed Not only are Trump’s statements on to the congressional request. While the that Saudi ofcials were responsible for the the lack of evidence unpersuasive, but administration has provided precedent gruesome murder. The Saudi government his statements regarding business with from the Obama administration for failing took measures to punish those involved but Saudi Arabia are largely exaggerated with to respond, Juan Pachon, a spokesman for left out the prime mover in the operation— misleading numbers. A report by the Centre Democratic Senator Bob Menendez, said Saudi Crown Prince Mohammed bin Salman for International Policy, a Washington that Trump was breaking the law. (MBS). think tank, revealed that despite Trump’s Sadly, the administration’s ludicrous In late November, the Central claims that Riyad, Saudi Arabia’s capital, attempt to hold the alleged murderers Intelligence Agency (CIA) concluded that is purchasing $110BN in U.S. weapons and accountable for punishing those MBS directly ordered the assassination providing hundreds of thousands of U.S. involved has shielded the kingdom from of Khashoggi. The CIA reached this jobs, the reality is weapon sales are about accountability. The U.S. role in the conclusion by accumulating and assessing $15BN and accounts for fewer than 20,000 Khashoggi murder suggests that commercial multiple sources of intelligence, including U.S. jobs. These infated numbers allude transactions and a strategic location are exchanges between MBS and one of the to alternative reasons for prioritizing Saudi a license to kill. It sets a precedent that hitmen, audio recordings from devices Arabia relations. leaders can get away with horrendous placed by the Turks in the Saudi consulate, In his July 2015 rally, Trump crimes without any consequences and, and video surveillance footage. Despite the enthusiastically stated, “I like the Saudis,” instead, a continued allyship. By turning a CIA’s confrmation, Trump undermined “I make a lot of money with them. They blind eye on this heinous murder, Trump U.S. intelligence and refected uncertainty buy all sorts of my stuf. All kinds of toys shows the U.S.’ strong dependency on regarding MBS’ involvement. In an from Trump. They pay me millions and the Saudi government and the importance interview with Fox News, Trump said, hundred of millions.” While currently there of prioritizing Saudi interest rather than “[MBS] told me he had nothing to do with are no Trump Hotels or golf courses in American values. it.” Saudi Arabia, Trump has largely profted Rather than advocating for human rights The Trump Administration placed from business with Saudi’s since the and protecting an innocent individual who sanctions on 17 Saudi ofcials accused 1990s—Trump sold $4.5M Trump Tower risked his life for the freedom of speech and of involvement in the murder, but refused to Saudi Kingdom in 2001 and experienced press, Trump stood by the murderer. We to take any actions against MBS despite a 13% bump in hotel revenues from Saudi should not forgive Trump’s behavior, nor all evidence pointing toward the prince. ofcials in 2018. Further, Kushner and should we dismiss it. Jamal Khashoggi’s Trump claims there was “nothing defnitive” MBS have fostered a close relationship story should be remembered as a moment linking the assassination with MBS. He and conversed this year about a possible when our president failed our nation’s then acknowledged it is very likely MBS $100M business deal. These personal ties values. Americans must continue to demand had knowledge of this tragic murder but with Trump’s family is another explanation justice for Khashoggi. As President Harry explicitly said he values the commercial for the administration passive response in Truman so famously said, “America was relationship with Saudi Arabia and would Khashoggi. not built on fear. American was built on not risk losing it. Lastly, Trump strongly Unlike the U.S., Denmark and Germany courage.” Now, we must have the courage emphasized security threats and Saudi have consciously made the decision to to stand up for our values, just as our Arabia’s importance as a strategic U.S. ally prioritize human rights over money by forefathers did. in military sales and oil production. halting Saudi weapons sales as a direct