University of California, Berkeley, School of Law Spring 2018 Vol

UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW SPRING 2018 VOL. 50

ALSO: Major gift launches new consumer law center. PAGE 8

Racial justice work expands and inspires. PAGE 12

Faculty scholars leave no legal stone unturned. PAGE 28 GLOBAL APPEAL BERKELEY LAW’S LL.M. PROGRAM SCALES NEW PEAKS. PAGE 20 FEATURES COLUMNS 12 Racing 20 Global 2 From Forward Appeal the Dean EQUITY ADVOCATES LL.M PROGRAM A RUNNING START From student initiatives to Attorneys from all over the Erwin Chemerinsky has lots clinic outreach to faculty world flock to Berkeley Law of good news to report from projects, the school’s racial for a mutually beneficial a busy first school year at justice work is flourishing. relationship. Berkeley Law. By Andrew Cohen By Andrew Faught JIM BLOCK; ILLUSTRATION BY EVA VÁZQUEZ EVA BY ILLUSTRATION BLOCK; JIM

COVER: PHOTOGRAPHY BY JIM BLOCK Contents Spring 2018 Vol. 50

SECTIONS 3 In Brief 8 Forefront 28 Study Hall Iconic Judge Returns Power to the People Selected Faculty Scholarship Raising the Bar Corporate Law Change Agents Invading the Hague Fifty Shades of Energy 32 Advancement

No Disputing This Patent Updates from Development & Innovation Alumni Relations New Heights in Diversity Teacher of the Year 36 Judicial House Call Class Notes All in the Alumni Family The Force is with Him International Intrigue JIM BLOCK (3X); ILLUSTRATION BY JAMES YANG JAMES BY (3X); ILLUSTRATION BLOCK JIM

TRANSCRIPT SPRING 2018 1 THIS IS A TERRIFIC COMMUNITY AND I AM HONORED AND THRILLED TO BE A PART OF IT. –ERWIN CHEMERINSKY

From the Dean

Dear Berkeley Law Community,

Amazingly, my first academic year at Berkeley Law is coming to a conclusion with Commencement on May 11. I have had a wonderful year and am enormously grateful for the great warmth with which I have been welcomed by faculty, staff, students, and alumni. This is a terrific community and I am honored and thrilled to be a part of it. Transcript It has been a year filled with much good news. The J.D. Class of 2017 did great on the bar exam, with over 89 percent passage in California and 100 percent (40 out of 40) in New York. Of those receiving J.D. degrees in May 2017, 98 percent were employed 10 EDITOR & DIRECTOR, COMMUNICATIONS Michael Bazeley months after graduation (the traditional measure of employment for law schools). Our applications for the J.D. Class of 2021 are up significantly. We had a terrific LL.M. MANAGING EDITOR & SENIOR WRITER, COMMUNICATIONS class this academic year with 233 students. Berkeley Law again was in the top 10 in the Andrew Cohen U.S. News & World Report rankings, with our intellectual property program ranked first in CONTRIBUTING EDITOR the country, our environmental law program ranked third, and our clinical program and Craig Lancaster international program in the top 10. Obviously, U.S. News is only one measure of our excel- DESIGN & CREATIVE DIRECTION lence, but these are rankings to be proud of and will get even better in the years ahead. Arnaud Ghelfi, l’atelier starno I am very excited about our new programs. Thanks to a very generous $3.5 million gift CONTRIBUTING PHOTOGRAPHERS from Elizabeth Cabraser ’78, we are launching a consumer law center (see page 8). This Jim Block Rachel DeLetto will allow Berkeley Law to be a leader in this important area.

CONTRIBUTING WRITERS We also are creating the Berkeley Judicial Institute, which will focus on improving court Rachel DeLetto administration and issues of judicial independence and integrity. Supported by a grant Andrew Faught Susan Gluss from the Hewlett Foundation and gifts from other donors, this program will be led by fed- Wendy Witherspoon eral district court Judge Jeremy Fogel, who for the last seven years has been the director

CONTRIBUTING ARTISTS of the Federal Judicial Center in Washington, D.C. I am delighted that Judge Fogel has Eva Vázquez decided to leave the bench to head this initiative. James Yang This semester, the faculty approved a new Race and Law Certificate Program (see UPDATE YOUR ADDRESS page 12), which will help attract top students interested in this important area of law and Email: [email protected] Phone: 510.642.1832 further their concentration during law school. U.S. Mail: We also this spring have begun our LL.M. hybrid option program (see page 20). Hybrid Development & Alumni Relations University of California, Berkeley, track students spend a summer term at the law school bookended by two terms of online School of Law classes, making the program more practical and more accessible. 224 Boalt Hall #7200 Berkeley, CA 94720-7200 It has been an exciting and intense first year for me at Berkeley Law. I am more impressed every day by the law school and our community of alumni, faculty, staff, and VISIT WWW.LAW.BERKELEY.EDU students. Transcript is published by the University of California, Berkeley, School of Law, Communications Warm regards, Department.

2 TRANSCRIPT SPRING 2018 News from the In School Community Brief

“THELTON HENDERSON IS AN INSTITUTION AND A HERO ICONIC JUDGE HERE AT RETURNS BERKELEY”

WISDOM 101: Judge Thelton Henderson ’62 is an almost bench, Henderson returned to his alma Thelton Henderson mythical figure at Berkeley Law. The first mater as a distinguished visitor. He offers meets regularly with Berkeley Law students, African-American lawyer at the U.S. Justice students wisdom, insights, and career sharing his thoughts Department’s Civil Rights Division in the early advice, co-teaches parts of classes, and about how to gain fulfillment in law school 1960s, he faced dangerous, racially charged advises the school’s social justice center— and beyond. situations while confronting unjust voting- which is named after him. rights practices in the Deep South. A trusted “Thelton Henderson is an institution and a advisor to Martin Luther King Jr., he opened a hero here at Berkeley,” says Professor David legal aid office, helped diversify law schools, Oppenheimer, a Henderson Center co-faculty and spent 37 years as a federal judge. director. “We’re thrilled that he wanted to

JIM BLOCK BLOCK JIM This school year, after retiring from the enrich our community in this way.”

TRANSCRIPT SPRING 2018 3 In Brief Center Executive Director Savala than 70 of his law clerks over the years. Trepczynski ’11 notes that law students “Mentorship is important to me because it typically have regular, instructive contact was important for me,” he says. “I love inter- ICONIC JUDGE with a judge only during an externship or acting with law students. I tell them, ‘Don’t clerkship. “Now, they can learn from, and think I was born into a black robe. There work alongside, an extraordinary jurist who were lots of twists and turns before that RETURNS also happens to be an affable and generous happened.’ I like to remind them of the man,” she says. many paths to a gratifying career, and help Henderson, 84, enjoyed a natural transi- them find what suits them best.” tion after similar engagements with more —Andrew Cohen

OVER THE POND: A new program will enable more students to extern in The Hague, just as Natalia Krapiva ’18 did after her 1L year.

Raising spent two summers and a the Bar semester in The Hague as There is no shortage of a law student assisting coast-to-coast good news the U.S. State Department for recent alums eager to and the International practice. Of the 2017 Criminal Tribunal for the grads who took the sum- former Yugoslavia (ICTY), mer California Bar Exam, returning as a senior legal 89.2 percent passed. advisor with an interna- This marks an improve- INVADING tional peace and security ment of five percentage organization. points from the previous “This is really a unique year, the second-highest THE HAGUE opportunity,” Solway says. total among California’s “Everyone I know who has 21 law schools, and 19 A new field placement program called worked in The Hague says the same percentage points higher Berkeley in The Hague offers students thing. It’s an experience that lasts a than the ABA statewide an enticing array of potential extern- lifetime.” average. ships: from international criminal tribu- During a memorable 1L internship at Meanwhile, Berkeley nals and arbitration courts to NATO and ICTY, Natalia Krapiva ’18 assisted prose- Law scored a perfect non-governmental organizations. cutors in the war crimes trial against pass rate of 100 percent The Hague (Netherlands) plays a vital Serbian general Ratko Mladic´. She calls on the summer New York role in diplomacy and world affairs, its her time in The Hague “incredible” and State Bar Exam. Some 45 courts hearing notorious cases of war says “the connections and friendships I alumni, including 40 from crimes, genocide, and crimes against forged there are so valuable for my last year’s graduating humanity. But it’s also the center of pub- future career in international criminal class, aced the two-day lic and private international disputes liti- justice and human rights.” test. Nearly 10,000 peo- gated at the Permanent Court of Solway will advise and supervise stu- ple took the exam, with a Arbitration, the European Patent Office, dents, who may spend their third pass rate of 68 percent and other bodies. semester or beyond in the program and overall and 78 percent Asa Solway ’09 launched the program earn 10 to 12 credits. Rising 2Ls and among first-time takers. with Emeritus Professor David Caron ’83, 3Ls can also intern in The Hague during who passed away in February. Solway the summer. —Susan Gluss

4 TRANSCRIPT SPRING 2018 PACE SETTERS: Silicon Valley lawyers Steve Carlson and Jeff Homrig ’01 co-teach a groundbreaking new patent litigation course.

for the parties’ review, and made oral arguments before PTAB judges. “It’s a great experience for No Disputing the students to argue these cases in real life, and to get very direct and pointed This Patent Innovation feedback from the judges,” Carlson says. Students also investi- With two leading patent Trial and Appeal Board practice—thinking through gated patent cases before litigators as their guides, (PTAB)—is taught by Steve a client’s needs, working the International Trade Berkeley Law students are Carlson of Robins Kaplan with expert witnesses, pre- Commission, including gaining a front-row view into and Jeff Homrig ’01 of senting to judges, all in a emerging intersections how patents are challenged Latham & Watkins. Both co- team setting,” Homrig says. between that body and after they have been authored, with Berkeley Law Students in their fall PTAB. granted. Called post-grant Professor Peter Menell and course worked on a mock Makoto Tsunozaki ’19 review, the trial proceeding others, a seminal book that challenge to an actual bar- lauds the new course, say- is the focus of the school’s judges often use to navigate code patent asserted in ing he gained “a better Patent Litigation II course. patent cases. more than 100 lawsuits over appreciation of the The groundbreaking The instructors’ goal? “To the past three years. They 12-dimensional chess that class—apparently the help students tackle real- met with a Silicon Valley IP happens under the surface nation’s first to focus on the world disputes in exactly in-house counsel and expert in an IP dispute.”

JIM BLOCK JIM relatively nascent Patent the same way we do in witness, drafted petitions —Wendy Witherspoon NEW HEIGHTS IN DIVERSITY Fifteen Berkeley Law students were swindled out of what little money we Berkeley Law’s other honorees are named 2017 California Bar Foundation had by someone who would allegedly Martha Cardenas, Saxon Cropper- Diversity Scholars. That total is 10 more guide us through the citizenship pro- Sykes, Lana El-Farra, Chante than any other law school and one- cess,” recipient Su Myint ’20 recalls. Eliaszadeh, Nestor Cerda Gonzalez, fourth of the overall recipients. The “My experiences taught me that where Cristina Mora, Bill Nguyen, Cremeithius scholarships support California law stu- the law has been used to commit harm, Riggins, Anna Rodriguez, Patrick dents to help increase diversity in the it must be leveraged to correct harm. ... Rubalcava, Seema Rupani, Dru Spiller, legal profession. Attorneys have the power to give Joanna Torres, and Esther Yang. “When I was nine, my parents were access to those who need it most.” —Andrew Cohen

TRANSCRIPT SPRING 2018 5 In Brief TEACHER OF THE YEAR Clinical Law Professor was called a “champion of Jeffrey Selbin received the justice, diversity, and 2018 Great Teacher Award teaching excellence.” His from the Society of American clinic’s research prompted Law Teachers (SALT). The several California counties society hailed him for show- to rescind draconian juve- ing “that instilling the desire nile justice fines and fees and capability to provide last year—and led to a bill public service must be a fun- that made them illegal damental charge of legal statewide. academia.” Selbin also won the UC The director of Berkeley Berkeley Chancellor’s Law’s Policy Advocacy Clinic, Award for Community Selbin has led clinical pro- Engaged Teaching, which gram initiatives at the honors faculty leadership school since 1990. in community-based Honored at SALT’s annual courses and research, in awards celebration, Selbin April. —Andrew Cohen

WORLDS BEYOND: James Liu ’19 sees some powerful connections between video gaming, sci-fi, and JUDICIAL litigation. HOUSE CALL Three judges, including two Berkeley Law grads, took center stage at the La Raza PEER REVIEWED: Jeffrey Selbin was Latinx Judicial Panel and honored by the Society of American Reception in March. Venable Law Teachers with its annual Great Teacher Award. partner Angel Garganta ’92 sponsored and moderated

the event, which featured (2X) BLOCK JIM

6 TRANSCRIPT SPRING 2018 The Force is with Him Video games and sci-fi are rarely linked with practicing law. James Liu ’19 thinks that should change. Part of UCLA’s e-sports competitive video gaming club in college, Liu notes that litigators “have a limited amount of time. You have to choose your strategy and the arguments you decide to present quickly but carefully.” In video gaming, “every single second counts and you have to make your marks in a tight timeframe. That’s one reason I’m attracted to litigation.” During a summer externship at the Supreme Court of California, INTERNATIONAL Liu drew inspiration from talking with a fellow Star Wars universe fan—Justice Mariano-Florentino Cuéllar. Liu decided to apply his INTRIGUE legal analysis talent to his sci-fi passion. Liu’s article “Are Surviving Clone Troopers Guilty of War Crimes?”, Faculty members Kenneth on the The Legal Geeks blog, features both astute arguments and Bamberger and Chris Hoofnagle meticulous Bluebook citation. Its focus: determining whether clone were chosen as arbitrators for the troopers, who executed Jedi generals under orders programmed E.U.-U.S. Privacy Shield Framework. through “inhibitor chips” in the animated series Star Wars Rebels, That body provides companies on should be found guilty of war crimes. both sides of the Atlantic with a Most clones could mount a strong defense because “criminal law mechanism to comply with seeks to ‘punish individuals for acts for which they are morally cul- European Union data protection pable,’” Liu writes, citing a New York case. “Unable to make a ‘moral’ requirements when transferring decision because the chips in their brains forced them to comply,” data from the E.U. to the U.S. in sup- they were driven by “artificial compulsion.” —Rachel DeLetto port of transatlantic commerce.

“THIS EVENT WAS SO EMPOWERING,” JUDICIAL SAYS ERIKA HERNANDEZ ’18. HOUSE “NOW MY FRIENDS AREN’T JUST TALKING ABOUT CALL EXTERNSHIPS Judges Steven González ’91 California). ALL ACCESS: Marina Henri ’18 (left) and other students listen to Judge OR CLERKSHIPS, (Washington Supreme Planned by the La Raza Dalila Corral Lyons ’84 (right) at the THEY’RE Court), Dalila Corral Lyons Law Students Association La Raza Latinx Judicial Panel and ’84 (Los Angeles County and the Career Development Reception. CONSIDERING Superior Court), and Yvonne Office, the event enabled A PATH TO THE Gonzalez Rogers (U.S students to talk with the trio their paths to the bench and BENCH. THAT’S District Court for the before and after their panel, tips for law school and WHAT ACCESS

RACHEL DELETTO DELETTO RACHEL Northern District of when the judges described career success. DOES.”

TRANSCRIPT SPRING 2018 7 At the Leading Edge Of Research and Service Forefront

LAUNCH PADS: Ted Mermin ’96 and Elizabeth Cabraser ’78 plot strategy for Berkeley Law’s Power to the People newest center. MAJOR GIFT CREATES THE NEW BERKELEY CENTER FOR CONSUMER LAW AND ECONOMIC JUSTICE

Thanks to a $3.5 million gift from renowned litigator to fuel meaningful policy change. It will produce Elizabeth Cabraser ’78, Berkeley Law launched a white papers, file amicus briefs in consumer cases new center in February that aims to make the nationwide, advise legislatures and regulatory school a global leader in the study, research, and agencies on behalf of low-income consumers, and practice of consumer law. increase student opportunities for hands-on experi- The Berkeley Center for Consumer Law and ence in consumer policy. Economic Justice—the first of its kind among top- “Consumer law is at work all around us, every day.

tier law schools—will deliver research and analysis But it’s almost invisible in law schools,” says BLOCK JIM

8 TRANSCRIPT SPRING 2018 Cabraser, a founding partner at Lieff Cabraser Heimann & Bernstein. “This center will actively help protect people in the modern marketplace.” Corporate The center will co-host the United States’ only conference of consumer law clinics, convene the first conference of consumer law scholars, and bring together practitioners, advocates, academics, and Law Change students for speaker series, workshops, and collaborative projects. Students can gain litigation experience through partnerships with public agencies, and Berkeley Law will offer scholarships to prospective Agents and active students who demonstrate interest in consumer law. Interim Executive Director Ted Mermin ’96, co- NEW INSTITUTE HELPS TRAIN founder of the Public Good Law Center, and Cabraser STUDENTS FOR THE EVOLVING ROLE have taught consumer-focused courses at Berkeley OF IN-HOUSE COUNSEL Law and helped build its consumer law program over the past decade. Activist lawyers, not in-house counsel, are The school offers five consumer law courses, with typically seen as change agents who advocate for more planned. Meanwhile, alumni work in the field human rights laws, environmental protections, fair ACCOUNTABILITY ADVOCATES: at nonprofits, legal service providers, private firms, wages, and more. But the role of general counsel Institute Director and government agencies. (GC) is changing rapidly, propelled in part by con- Amelia Miazad ’02 “We’ve seen first-hand a surging interest among sumers pressuring companies to drive positive with 3Ls Ariana Shaffer and Sarah students,” Mermin says. “The curricular offerings change and not just reap profits. Berkeley Law, Mirza, who worked have grown, the clinical offerings have grown—and spearheaded by its Business in Society Institute, in Chile helping Latin American companies now this endeavor will take the program to another has emerged as a leader in that movement. embrace corporate level.” “Corporate lawyers have to consider what is right, responsibility. Mermin helped create the East Bay Community Law Center’s Consumer Justice Clinic, where students helped pass the California Fair Debt Buying Practices Act (2013) and follow-up state bills on debt collection and wage garnishment. Students also established the Consumer Advocacy and Protection Society and the Consumer Rights Workshop, and the school now has a mentoring program with graduates in the field. “The creative energy and practical efforts of this center will help improve the economic lives of all Americans,” says Richard Cordray, former director of the Consumer Financial Protection Bureau. “It is needed and welcomed by all who champion the cause of consumers.” The center will help define the sometimes hazy parameters of consumer law—which can include everything from debt collection abuse and inflated drug prices to false advertising and subprime auto lending—and identify issues demanding attention. “It’s time for a consumer law renaissance,” Cabraser says. “Every one of us lives a daily life as a consumer, and marketplace fairness is a universal right; for those struggling economically, it is a basic

JIM BLOCK JIM necessity.” —Andrew Cohen

TRANSCRIPT SPRING 2018 9 Forefront

not just what is legal,” says Amelia Miazad ’02, the institute’s founding director and senior research fellow. “Companies now have to think about environmental, social, and governance issues, and that falls squarely within the role of the general counsel.” This evolving landscape raises complex legal and ethical questions that in-house attorneys must navigate. To foster better understanding of the Fifty issues, the institute hosts symposia, conducts research, develops student internships, and creates new curricula and courses. One of the nation’s first law school programs to Shades tackle these issues, the institute was co-founded by Miazad and Adam Sterling ’13, executive director of the school’s Berkeley Center for Law and Business. “This builds on our efforts to teach aspiring lawyers, practitioners, and entrepreneurs that social account- of Energy ability is just as important as—and often central to—a company’s bottom line,” Sterling says. Students in Berkeley Law’s fall 2017 Business in PROFESSOR DELIVERS A TELLING Society course met with GCs from companies such STATE-BY-STATE REPORT ABOUT as Salesforce, Nestlé, Cliff Bar, Levi’s, and Lyft. Those attorneys described varied challenges of RENEWABLES IN AMERICA managing risk during crises, and the importance of strategically advising CEOs and boards. When it comes to energy policy, our attention After being accused that one of its fish suppliers in veers to Washington, D.C. But Berkeley Law Thailand trafficked in forced labor, Nestlé worked to Professor Dan Farber will let you in on a little end the illegal practice. The company partnered with secret: state governments actually control much of a local non-governmental organization, published its this terrain. report on forced labor, and worked with Thailand’s His new report, Beyond the Beltway, provides a government to ensure proper enforcement of area revealing state-by-state survey of America’s energy laws. “It’s an example of how lawyers are weighing landscape and the factors driving policy decisions. not only legal risk, but also reputational risk,” Miazad It shows that renewable energy is gaining real trac- says. tion in much of the country—including some areas The institute allows students to gain insights and that may surprise. experience in this arena. As expected, California, Hawaii, and Northeast Lauren Kelly-Jones ’19, who developed the Nestlé coastal states are leaders in renewable-energy pol- case study as an intern with the company, has icies, while coal-reliant states and the Southeast “come to view social justice as intrinsic to business lag behind. What Farber did not expect, however, purpose.” Ben Toussant ’18 researched the evolving was seeing renewables surge in a number of politi- roles of GCs and chief compliance officers. Ariana cally conservative states. Shaffer ’18 and Sarah Mirza ’18 spent the fall A telling example: Texas is the nation’s wind semester in Chile working for a nonprofit that helps power leader, with Oklahoma and Iowa close Latin American businesses embrace corporate behind. responsibility and empower inside counsel. “There’s a wind belt in the open plains from mid- “Law students today are looking for ways to make Texas up to the Dakotas,” explains Farber, faculty a difference, not only in their firms or their compa- director of Berkeley Law’s Center for Law, Energy & nies, but in their communities and the world as a the Environment. “There, it’s an easy resource. In whole,” says Seth Jaffe, Levi’s GC. “They must learn other places, you see more economic incentives early on how the general counsel can work strategi- involved.” cally to lead corporations toward productive and Apple, Google, and other major corporations have beneficial roles in society.” —Susan Gluss exhorted states to provide them with clean energy.

10 TRANSCRIPT SPRING 2018 ENERGETIC RESEARCH: Dan Farber prepares to turn wood chips into clean energy at All Power Labs’ bio- mass gasifier generator in Berkeley.

To attract these companies, some states that had rarely made room for renewables are now shifting gears. Political, economic, and geographic factors influence state energy policies—and sometimes create unlikely allies. Tea Party members, for example, routinely condone solar because they disfavor any government regulation on what people can put on their roofs. Sometimes, a single person moves the needle. “In South Carolina, a Republican legisla- tor was visiting his sister in Portland (Oregon) and saw all these solar panels on people’s rooftops,” Farber says. “He thought, ‘They hardly have any sun in Portland. If this place can do it, we can do it.’ He started pushing for more favorable legislation for solar power, and succeeded.” On the flip side? Florida. “The so-called Sunshine State has done virtually nothing with solar,” Farber says. “The big power companies have an iron grip on things down there, and there’s little political pushback.” Although the Trump administration has encouraged coal production and proposed “A PREVAILING MYTH IS THAT tariffs on solar panels, Farber does not ENVIRONMENTAL CONCERNS ARE anticipate major barriers to renewable- energy growth. He also sees the adminis- DRIVING THESE POLICIES. THAT’S tration’s push to expand natural gas TRUE IN SOME PLACES, BUT IN prompting a move away from coal, especially as natural gas prices dip. MANY STATES WHAT’S HAPPENING “It’s striking to see just how much coal use is declining in individual states,” HAS MUCH MORE TO DO WITH Farber says. ECONOMICS.” States are increasingly using tax benefits for renewables, requiring utilities to — PROFESSOR DAN FARBER buy a certain percentage of energy from renewable sources, and approving net environmental angle, but technology is enabling metering policies that allow people with solar greater flexibility and ability to handle renewable panels to flow electricity back to the grid. resources,” Farber says. “It just makes too much

JIM BLOCK JIM “Many of these states don’t care about the financial sense not to use them.” —Andrew Cohen

TRANSCRIPT SPRING 2018 11 12 TRANSCRIPT SPRING 2017 Racing Forward Berkeley Law’s wide-ranging racial justice work confronts inequities throughout the legal system BY ANDREW COHEN

he racial justice work churning within Berkeley Law top U.S. law schools, but only 2 percent of state judges. is expansive and inspiring. Yet the people leading Judicial clerkships further reflect that work—clinic leaders, student advocates, faculty that imbalance. Whites made up 58 scholars—acknowledge that confronting racial ineq- percent of the students at Top 30 law schools in 2015, but 82 percent of fed- uities in America demands confronting them in its eral clerks. African Americans com- legal institutions. prised just 4 percent. “These extreme racial disparities “Racial justice work is disingenuous unless it’s con- both derive from and create racial nected to that acknowledgment,” says Tirien Steinbach injustice,” says Savala Trepczynski ’11, executive director of Berkeley Law’s ’99, director of Berkeley Law’s East Bay Community Law Center Thelton E. Henderson Center for Social Justice. “They’re part of a T(EBCLC). “People talk about leveling the playing field, but cycle. Who ends up in our profession—and at the top of it— very few legal entities actually do it.” has a lot to do with who lives in well-resourced, free com- Across the board, the data is damning. In California, people munities and who doesn’t.” from racial-ethnic groups account for more than 60 percent She adds that, “When the power brokers almost exclusively of the population but less than 20 percent of the lawyers. mirror and are connected to those same well-served com- Nationally, minorities make up just 9 percent of law firm munities, we reproduce the very dynamics that created the partners. Only 11 percent of Fortune 500 general counsels original inequities. All law schools need to ask themselves are African American, Hispanic, Asian, or Native American. if they’re inadvertently contributing to the problem or Minorities are also underrepresented as judges and pros- advancing the solution.” ecutors. According to a recent study, whites comprise 83 Juvenile system figures foretell how such inequities even- percent of state judges and 81 percent of assistant U.S. attor- tually play out. According to 2016 California Department of

ILLUSTRATION BY EVA VÁZQUEZ EVA BY ILLUSTRATION neys. Asian Americans make up 10 percent of graduates in Justice data, African-American youth are far more likely

TRANSCRIPT SPRING 2018 13 At a January criminal justice conference co-sponsored by Berkeley Law and the Heritage Foundation, Dean Erwin Chemerinsky noted that, “Every study shows how a black or brown person is more likely to get stopped than a white person, more likely to be arrested, and more likely to be charged with a longer sentence.” Indeed, images of “white supremacy” are shifting from Ku Klux Klan rallies to institutional entrenchment—from racial profiling, gerrymandering, and workplace discrimination to racial imbalances within law schools, firms, and courts. “It’s clear that the problem of continued racism is not about a few bad-acting, self-declared white supremists, but a culture of white supremacy that privileges whiteness— individually, interpersonally, institutionally—in ways that often block access and opportunity for people of color,” Steinbach says. SIGNING ON: Henderson Center Executive Director Savala Trepczynski ’11 works to help level the legal playing field for marginalized people of color. CREATING A HUB than white youth to be arrested (4.4 times), detained (7.6), The Henderson Center—the only student-focused center given probation (3.3), removed from their family’s home dedicated to racial justice among top-tier law schools— (4.4), and moved to adult court (5.9). anchors Berkeley Law’s work in this area. The center exam-

conduct legal intakes with detained non-citizens, observe hearings before Immigration the San Francisco Immigration Court, and represent non-citizens in bond proceedings there. Uncertainty Because 20 percent of people eligible for release on immigration bond (typi- Immigration policy is an area of tation defense, visas, immigration con- cally around $6,500) cannot afford it, growing turmoil, anxiety, frustration— sequences of criminal convictions, pub- BIG created a fund that funnels dona- and work. From assisting clients to lic benefits eligibility, and naturalization. tions to pay bond for detainees. Co- advocating for reform, Berkeley Law is Attorneys also represent clients before director Peter Weiss ’18 says immi- deeply involved. the Asylum Office, U.S. Citizenship & grants sometimes sign their own depor- With the recent uncertainty surround- Immigration Services, and Immigration tation order “just to get out of detention, ing the Deferred Action for Childhood Court, and before the Board of even though 68 percent of those Arrivals (DACA) program and undocu- Immigration Appeals. granted bond are eventually found to mented people generally, “we’re seeing Soon after DACA’s 2012 launch, Berkeley not be legally deportable.” fear and confusion within the entire Law helped create a campus legal ser- From his view, the U.S. would not tol- immigrant community,” says Linda Tam vices program that provides guidance for erate its immigration system “if we ’00, who directs the East Bay undocumented students. Student-led proj- were deporting white people in signifi- Community Law Center’s Immigration ects, including the East Bay Dreamer cant numbers.” Clinic. “This work has become more Clinic and the Berkeley Immigration Group “Imprisonment for years without trial, important than ever.” (BIG), have also helped. no right to counsel, life-and-death judi- Tam’s group provides free legal BIG aids detained immigrants await- cial hearings conducted over video services to low-income immigrants on ing their removal hearings amid the screen, these practices are only permit- such issues as DACA, political asylum, possibility of losing their job, housing, ted because we’re predominantly

victims of crimes and trafficking, depor- or custody of their children. Students deporting people of color,” Weiss says. BLOCK JIM

14 TRANSCRIPT SPRING 2018 ines race and issues that implicate it: class, reproductive otherwise go unnoticed.” justice, immigration, civil rights, and more. Toward that end, Berkeley Law is launching a new Race and That involves lectures, workshops, scholarship, confer- Law Certificate, conceived and administered by the Henderson ences, and community-building events. The center also Center, this fall. To earn it, students must complete three facilitates practical training and mentorship for students, courses in a designated curriculum, do field work, write a and develops research that touches on race, poverty, bias, substantial paper, and attend Henderson Center programs. and related areas. “This can make our whole greater than the sum of its The school just launched a new endowed fellowship, parts,” Trepczynski says. “We should be a hub for racial jus- funded by two dozen sponsors, in honor of Judge Thelton tice work, and this will help make that happen.” Henderson ’62. Starting next year, it will provide summer Trepczynski and others hope the certificate can help employment funding for exceptional students to engage in Berkeley Law solidify its reputation on racial justice issues, otherwise unpaid racial justice internships. create a sense of community in the school among those tack- Clinics, faculty, and students have long produced mean- ling them, and prepare students to work on problems deeply ingful work in this arena. Until recently, however, it was influenced by race and racism. often siloed. But with Chemerinsky, Steinbach, Trepczynski, “It’s not just that students—from a variety of backgrounds— and others eager to maximize the school’s collective efforts, want to study that area,” says Kristin Theis-Alvarez, assistant a push to coordinate better has emerged. dean of admissions and financial aid. “They do, but it’s more “It’s very important for people who work on racial justice than that. The certificate signals that Berkeley Law invests in to collaborate,” says Professor Leti Volpp, who directs UC research and advocacy that directly connects with the experi- Berkeley’s Center for Race and Gender. “We each focus on ences of underrepresented racial minorities, the communities one part of a much larger picture. Working in coalition from which we came, and the issues that we face daily.” enables us to make connections among issues that would In that spirit, the school recently joined Pathway to Law,

Berkeley Law’s chapter of the “Immigrants launch more than one- “Immigrant entrepreneurship is International Refugee Assistance fourth of U.S. businesses and employ something we should be proud of Project (IRAP) has 40 students working nearly 6 million workers,” she says. and protect.” —Andrew Cohen on cases with clients from Syria, Iraq, Afghanistan, and Sudan. Their work mainly consists of preparing applications and working with clients for their resettlement interviews. “Refugee populations are in the midst of a humanitarian crisis,” says Berkeley IRAP Co-director Sarah Hunter ’18. “Instead of helping refugees escape a dire situation, governments are vilifying them as terrorists and criminals when they’re actually some of the most marginalized people on the planet.” Many students engage in immigration field work. As part of a Human Rights Center fellowship at the Lawyers’ Committee for Civil Rights, Sarah Morando Lakhani ’19 coordinated a project to help immigrants formalize their businesses and create asset-securing contingency plans in case of deporta- tion or detention. She also helped pre- STANDING STRONG: Berkeley Immigration Group Co-directors Susan Beaty ’18 and Peter Weiss ’18

JIM BLOCK JIM pare a guide for lawyers eager to assist. with East Bay Community Law Center Immigration Clinic Director Linda Tam ’00.

TRANSCRIPT SPRING 2018 15 Students at EBCLC’s Clean Slate Practice strive to remove employment and civic barriers for people with criminal records. A recent Clean Slate report showed stark racial disparities in California driver’s license suspensions and arrests related to unpaid traffic fines and fees, and how racial bias in state policing and courts fuels poverty, homelessness, and family instability. At EBCLC’s Education Defense and Youth Justice Practice, students work to decriminalize local public schools and stop the school-to-prison pipeline. They partner with public defenders to help youth arrested at school who face criminal charges and expulsion—identifying learning needs often overlooked by schools, consulting with administrators and teachers, and appearing in court. Trevor Kosmo ’19 sees the negative impact of “harsh probation and school expulsion systems that discount the ongoing effects of childhood trauma and disability. Together, these systems set up young people for failure, disproportionately funneling youth of color into the larger criminal justice system and ultimately expanding incarceration.” Working to interrupt this process, he says, reinforces “the HOME DEFENDERS: Nirali Beri ’19, Jonathan Rosenthal ’19, and Ary Smith importance of centering my career around racial justice.” ’19 are co-directors of the student-led Tenants’ Rights Workshop. Fellow Youth Defender Clinic student Taylor Horn ’19 says many clients facing school expulsion have to move frequently a state initiative aimed at diversifying the legal profession. to stay ahead of rising rents. Pathway’s goal is to funnel more underrepresented students “Gentrification disproportionately displaces communities toward law school and law-related careers. of color, and students of color are disproportionately expelled “It’s important to recruit students … who come from from schools,” he laments. The moves make it harder, he immigrant, low-income, or other non-traditional back- says, to develop relationships with peers, teachers, and grounds,” says former community college student Deborah administrators. “As a result, students of color are less likely Choi ’20. “A lot of these perspectives aren’t adequately rep- to receive the benefit of the doubt than peers who are more resented in law schools, and the legal profession would ben- embedded in the school community.” efit immensely by growing their presence.” That dynamic played out with two clients who faced expul- That ethos drives Berkeley Law’s Culture, Diversity, & sion—one Hispanic and the other African American—both Intergroup Relations Lab. Led by Professor Victoria Plaut, of whom had regularly changed apartments and schools. “In it provides trainings and community workshops to help both cases, it was hard to find teachers who could serve as schools, firms, and other organizations eager to increase positive character witnesses in their expulsion hearing,” diversity and inclusion. Students conduct experiments, sur- Horn says. “That was heartbreaking.” veys, and other research in areas such as perceptions of immigrants and police views of “suspicious behavior.” OTHER CLINICS DIG IN Meanwhile, the Policy Advocacy Clinic has made a huge WALKING THE WALK impact on another issue that strikes low-income families of Racial justice weaves through every unit at EBCLC, Alameda color particularly hard: juvenile justice fines and fees. The County’s largest provider of free legal services to low-income clinic became a national catalyst in this area with reports residents. For Steinbach, valuing her client base means that showed the costs are harmful, unlawful, and costly. reflecting it: her staff is 65 percent people of color and more California counties charged families for detention in juve- than 50 percent first-generation U.S. citizen. nile hall, legal counsel, electronic ankle monitoring, probation “Equity and inclusion demands that,” she says. “We want supervision, drug testing, and investigation reports, student to ensure that all voices are heard in guiding the direction research revealed. When families could not afford to pay, the

of our work.” debts became permanent legal judgments—leading to wage BLOCK JIM

16 TRANSCRIPT SPRING 2018 Hispanic borrowers have a 5 percent higher loan rejection rate. Their research How Race Matters reveals that ethnic-minority borrowers pay a higher interest rate for purchases Berkeley Law faculty focus on McGhee ’09. It builds on his book Dog and refinance mortgages—nearly $500 hairstyle policies, lending, LGBT Whistle Politics, which tracks how million per year in extra payments. relationships, and more. coded language is used in election campaigns to stoke anxiety around race Leti Volpp confronts racial justice from and demonize ethnic minorities. two relationships: between racialized The project has raised more than $1 ideas about culture and feminist theory, million to counter such tactics through and between race, immigration law, and race-and-class narratives asserting that citizenship studies. Her unifying racial division is used to seize power. theme? “How the nation narrates itself “Dog whistling prods whites to fear and patrols its borders in relationship to people of color, resent government for people whose identity is considered ‘coddling’ minorities and immigrants, antithetical to the nation state.” and trust instead private enterprise,” Angela Onwuachi-Willig wants to elimi- Haney López says. “We can rebut this Russell Robinson and a colleague are nate school hairstyle policies that bar … by making explicit how racism researching the Supreme Court’s use of braids, twists, locs, and Afros for pur- oppresses people of color while serving social science in race and sexual orien- portedly being distracting and unprofes- as a weapon for a greedy few to keep tation equal protection cases, and sional. “It sets a standard that appears the rest of us from uniting.” Loving v. Virginia’s impact on the LGBT neutral in its language but is actually community. They are also interviewing racially discriminatory,” she says. 100 LGBT people, most of color, on how Onwuachi-Willig co-drafted a letter, race, gender, legal, and social barriers signed by more than 120 scholars, urg- affected their romantic relationships. ing the elimination of such policies. Sent to state departments of education and Joy Milligan’s new class, Anti- school board presidents, it explained Discrimination Law, surveys federal civil how they force African-American girls to rights statutes. She studies how federal change their natural hair texture in agencies addressed racial justice from ways that are costly, time-consuming, the New Deal forward. “Contrary to pop- and physically harmful. Some other faculty tackling racial ular myth, New Deal jurisprudence gave Her recent scholarship addresses dis- justice issues: administrators room to design policies crimination against former prisoners in that inevitably accommodated and the labor market, how mythologized Jonathan Simon ’90 writes extensively extended racial segregation,” she says. notions of white women influence court about criminal system inequities. His rulings, race-based traumas experienced new paper shows how patterns of over- Jeffrey Selbin’s latest paper shows after high-profile acquittals of whites incarceration and police violence— how increases in security concerns, who killed unarmed African Americans, especially focused on people of color— available data, and background checks and how gains for minorities are rou- have worsened. He calls the underlying limit gainful employment and other tinely framed as losses for whites. history “more visible and its clash with opportunities for people with criminal American legal values less ignorable.” records. He calls for record-clearing Ian Haney López recently launched the intervention that boosts employment Integrated Race & Class Narrative Robert Bartlett and three co-authors rates and average earnings. Project with Demos President Heather found that African-American and —Andrew Cohen

garnishment, bank account levies, and tax intercepts. PAC, which co-hosted a national convening on the topic Because of the clinic’s work, several California counties in February, is working to ensure the bill is implemented now ban these fees, and lawmakers passed a bill to repeal throughout California and helping launch a #DebtFreeJustice them statewide. Thousands of low-income families have campaign and website to serve as a resource hub on the issue. been relieved of $200 million-plus in past assessed fees, with Racial justice is also front and center at the International more to come as counties end their collection practices. Human Rights Law Clinic. The clinic has initiated litigation

TRANSCRIPT SPRING 2018 17 A Fresh Perspective

Blazing new trails is old hat for Djenab a staff departure resulted in her coor- Conde ’19. She lived in China, France, dinating GlobalGirl’s fledgling Morocco and different West African nations program. before moving to America at age 7. “Definitely a difficult experience She led the Moroccan chapter of a trying to get this off the ground in a nonprofit right after college. And in country where the government was January, she became the first African- wary of a nonprofit focused on young American woman elected editor-in- women and journalism,” she says. chief of the California Law Review “But I learned and grew a lot.” (CLR). That growth continues at Berkeley A momentous achievement, but no Law, where Conde is co-president of surprise to those who know her. the Law Students of African Descent “Djenab personifies so much of and part of its International Human what’s great about this law school Rights Law Clinic, Women of Color and its flagship journal,” says CLR Collective, and Asian Pacific American Development Editor Anna Williams ’19. Law Student Association. Last year, “She has a sharp mind, a keen eye, she worked on two journals as well as and a heart for both reason and jus- student-led projects in juvenile educa- tice.” Professor Amanda Tyler says her tion and human rights. research assistant “combines the Remarkably, she has already wonderful qualities of maturity, humil- secured federal clerkships with Judge ity, and kindness with superb intellec- Victor Bolden (U.S. District Court, tual firepower.” Connecticut, 2019-20) and Judge Paul The sixth person of color to lead Watford (U.S. Court of Appeals, Ninth CLR in the past 15 years, Conde says Circuit, 2020-21). diversity enriches any enterprise and Last fall, Conde edited a CLR article that “what we publish should be as about unreasonable searches and sei- inclusive and intersectional as possi- zures that showed how judges’ expec- ble. You only know the experience tations of privacy do not match soci- you’ve lived, and the more different ety’s. Noting how this could influence experiences and voices we have in rulings in close cases, she suggested the room the better.” that the authors—among them the After graduating from Yale in 2015, University of Arizona’s law school Conde accepted a fellowship in associate dean for research and inno- Casablanca with GlobalGirl Media, vation—bolster that section. They which empowers high-school-age girls assented. from underserved communities “My comments were largely based through media, leadership, and jour- on my personal experience as a black nalistic training. Just two months in, woman,” she says. “Voices like mine have been underrepresented throughout the legal profession, and it’s grati- SHARP ANALYSIS: Djenab Conde ’19 is the first African-American woman elected editor-in-chief fying when people value them.”

of the California Law Review. —Andrew Cohen BLOCK JIM

18 TRANSCRIPT SPRING 20162018 (led by Associate Director Roxanna Altholz ’99) on behalf of the family of Anastasio Hernández Rojas, a longtime resident of San Diego and father of five. Deported to Mexico in 2010, Hernández Rojas tried to reunite with his family later that year but died after being beaten and tased by Customs and Border Protection agents at the U.S.-Mexico border. The clinic’s claims before the Inter-American Commission on Human Rights allege that the U.S. violated international human rights law by not effectively investigating and pros- ecuting the perpetrators. Although agents have killed at least 50 migrants and U.S. citizens along the border since 2010, no criminal or civil court has held an agent accountable for an unlawful killing. The clinic documents abuse by agents, elevates egregious cases in the media, seeks justice for the aggrieved, and works to improve agent oversight and accountability. Altholz is also conducting a study in Oakland, where more than 70 percent of murders go unsolved and more than 80 percent of victims are African American. “The study explores the lived experience of the family members of unsolved murders by documenting their access to services, priorities, UNITED FRONT: Pauline Tang ’19, Dru Spiller ’20, and Amanda Miller ’20 at Berkeley Law’s “United Against White Supremacy” symposium. and views of law enforcement,” she says.

Alycia Tulloch ’19. With a growing number of students con- STUDENT INITIATIVE fronting these issues, she adds, “It’s been gratifying to see Student-led projects address various racial justice issues so many groups coming together in the name of racial jus- ranging from immigration (see page 14) to parole. At the tice. While LSAD can and should be at the forefront of the Tenants’ Rights Workshop, for example, students hold weekly issues facing the Black community at Berkeley Law and in clinics to help keep low-income communities of color in general, having support from allies is powerful.” their East Bay homes. In February, three student journals sponsored a daylong Oakland’s African-American population is down 30 per- “United Against White Supremacy” symposium. Participants cent since 2000, in large part because of soaring housing examined how white supremacy permeates our legal system costs and other economic pressures. “Affordable housing and probed strategies to dismantle inequities in gentrifica- has begun to disappear into a void of high market rates,” says tion, affirmative action, immigration, and incarceration. Co-director Nirali Beri ’19. “Because state law doesn’t allow While discussing potential collaborations, Middle Eastern local governments to control rent when a vacancy occurs, Law Students Association Co-chair Monica Ramsy ’19 and landlords have incentive to create vacancies through vari- South Asian Law Students Association Co-chair Joth Bhullar ous and sometimes illegal means.” ’19 broached anti-black racism in other ethnic minority com- For fellow co-director Ary Smith ’19, working with hous- munities. That led to a January event called “Confronting ing clients reaffirms “some of the reasons I came to law Habits of Whiteness.” school: to understand the legal and political structures that “We wanted to help provide strategies for non-black stu- produce racial inequities … and to develop concrete skills at dents of color to identify, navigate, and ultimately resist the intervening and supporting clients.” practices of this racism in our respective communities,” says The Law Students of African Descent (LSAD) is one of Ramsy, who also co-chairs the Women of Color Collective. several student organizations to confront race issues. In Ramsy, fellow event organizer Zainab Ramahi ’19, and recent months, the group sent letters to campus leadership others are developing a set of materials from which students about the racial impact of UC Police Department safety may draw resources needed to address racism. alerts, co-sponsored a Berkeley Law event on rethinking For Ramahi, equity and inclusion chair of Berkeley Law’s school discipline, and met regularly with the school’s Equity Coalition for Diversity, this serves the school’s public mis- and Inclusion Committee. sion. “Berkeley Law has historically been on the forefront “We’re at a point in history where racial issues are at the of this kind of work,” she says. “So as Berkeley Law students,

RACHEL DELETTO DELETTO RACHEL forefront again, which is amazing to see,” says LSAD Co-Chair we believe it’s imperative that we continue this legacy.” n

TRANSCRIPT SPRING 2018 19 With its highest enrollment ever, Berkeley Law’s surging LL.M. Program attracts lawyers from around the world. BY ANDREW FAUGHT

G L O B A P P

20 TRANSCRIPT SPRING 2018 With its highest enrollment ever, Berkeley Law’s surging LL.M. Program attracts lawyers from around the world. BY ANDREW FAUGHT

B A L P E A L JIM BLOCK JIM

TRANSCRIPT SPRING 2018 21 rom his home office in Paris, international arbitrator Georgios Andriotis plans to change the world. Thanks to Berkeley Law’s new LL.M. hybrid option program, he’s getting closer every day—even though he’s F 5,500 miles away from his professors and classmates.

“A Berkeley Law degree is a tool for change, both locally program—especially after already having practiced law or and globally,” says Andriotis, one of 13 international stu- taught at a law school in their home countries, says Susan dents taking part in the new effort, which launched in Whitman, assistant dean of academic planning and January. Students can earn the master’s-level degree after coordination. completing four online courses and spending a summer LL.M. programs remained sparsely attended in succeed- semester in Berkeley—providing welcome flexibility to ing decades, but over the past 10 years they have burgeoned international students with established careers and with the U.S. legal system’s rise in international affairs. families. Around the time of the Great Recession, only 45 students Andriotis plans to use his degree to help develop a “stra- were in the academic-year, traditional track; in today’s more tegic vision” concerning the way law operates within the bullish economy, that number is 233. The two-summer U.S. and other legal systems. Gaining the necessary skills to LL.M. professional track enrolls about 200 students. handle international disputes, he hopes to “narrow the “The more the global economy becomes interlinked, the socio-legal distance” among the various actors in today’s more important it is to understand the law of a major eco- international arbitration system. nomic engine like the United States,” Whitman says. The new hybrid option joins three other LL.M. degree program tracks: traditional (a nine-month course of study TWO BERKELEY SUMMERS, ONE in Berkeley); professional (offered during two consecutive VALUABLE DEGREE summers); and a thesis track. With the four offerings, The professional track provides a welcome option for many Berkeley now counts more than 400 LL.M. students—its international lawyers who cannot leave work or personal highest enrollment to date. commitments for a standard academic year. They complete Many students join the program to learn the rudiments courses May through August during two consecutive 10- or of the American common law legal system, which underpins 13-week summer semesters. global commerce. Most countries spanning the globe have There are challenges to the professional track, as the legal traditions that instead are rooted in civil law. Trump administration’s immigration stances have affected Dean Erwin Chemerinsky says the various tracks are an demand for LL.M.s, Whitman adds. Britain’s Telegraph integral part of the Berkeley Law experience. newspaper reported in March that just 4,500 Britons “Our LL.M. programs allow us to educate students from received a visa to study at an American college or university across the world and hopefully have an effect in improving in 2017, the lowest figure in seven years. legal systems and the practice of law all over the globe,” he For Raija-Leena Ojanen, however, the two-summer option says, noting that Berkeley’s projected 2018 LL.M. graduates provided a “long-wanted opportunity to make my (LL.M.) represent 69 countries. “The presence of our international dream come true.” A former partner at Dittmar & Indrenius, students enriches the law school in countless ways, includ- a top-tier business law firm in Finland, she took on a new ing the education of all of our students.” role this year as in-house legal adviser for the World Wildlife Berkeley Law has been offering an LL.M. since 1949. LL.M. Fund in the Scandinavian nation. programs emerged in law schools around the country after Ojanen will return to Berkeley in May for her second World War II, a time when European scholars were flock- summer semester. (“Going away from the family for three ing to the United States. Those hoping to study American months is manageable,” she notes.) When she completes law didn’t typically want to spend three years in a J.D. the program, Ojanen will hold an energy and environmental

22 TRANSCRIPT SPRING 2018 FROM POLITICAL PRISONER TO INTERNATIONAL INSPIRATION

For many, life from age 18 to 25 brings a thrilling expansion of freedom and experiences. For Wai Wai Nu, it brought frustration and uncertainty as a political prisoner in Burma. “I thought, ‘What’s going on? How can I be here without committing a crime?’” says Nu, who will earn her Berkeley Law LL.M. degree in August. “I couldn’t accept that reality for some time.” Her family is Rohingya, a Muslim minority in Burma described by Amnesty International as “one of the most persecuted minorities in the world.” Burma’s government enforces restrictions on the group in marriage, family planning, employment, education, and freedom of movement. Last fall, a military cam- FREEDOM FIGHTER: LL.M. student Wai Wai Nu ’18 has become a leading paign destroyed hundreds of villages, forced more than advocate for human rights in her native Burma. 650,000 Rohingya to leave the country, and killed at least 6,700 in the campaign’s first month. mote better understanding of and between ethnic minori- Elected to parliament in 1990, Nu’s father was rou- ties in western Burma. tinely harassed for promoting labor rights. In 2005, he She later established Justice for Women, a network of received a 47-year prison sentence for alleged state female lawyers that promotes democracy- and peace- security and immigration violations. Two months later, building efforts, works to combat sexual harassment and Nu, her mother, and her two siblings were sentenced to domestic violence, and promotes civic participation. 17 years at Insein Prison—notorious for its grim condi- Nu’s profile soared quickly after initiating the popular tions—for the same offenses. #MyFriend campaign, which countered hate by urging At the time, Nu was a law student. But her true legal social media users to post photos of themselves with education came during a closed-door hearing with no friends of diverse ethnic and religious backgrounds. She legal representation, a quick conviction, and no available has since received numerous honors (see below) and appeal. increased attention. “That’s when I saw how corrupt Burma’s legal system “I want to give hope to those who are disempowered,” was,” she says. “I thought, ‘When I get out, I have to try says Nu, a regular speaker at human-rights forums world- to fix it.’” wide. “That’s why I came to Berkeley, to get the knowledge Nu’s family was released in 2012 with other political and skills I need to create positive change back home. … prisoners amid promises of policy reforms. Nu earned It’s so valuable to engage with people of different cultures. her law degree, enrolled in a political education program, I’m working to foster more of that interaction in my own and launched the Women’s Peace Network-Arakan to pro- country.” —Andrew Cohen HONORS FOR WAI WAI NU: TOP 100 TOP 100 100 MOST NEXT HILLARY RODHAM CLINTON WOMEN GLOBAL INSPIRING GENERATION AWARD FOR ADVANCING WOMEN LIST THINKER WOMEN LEADER IN PEACE AND SECURITY BBC, 2014 FOREIGN POLICY SALT MAGAZINE, 2015 TIME MAGAZINE, 2017 2018 MAGAZINE, 2015 JIM BLOCK JIM

TRANSCRIPT SPRING 2018 23 BERKELEY LAW’S PROJECTED 2018 LL.M. GRADUATES HAIL FROM 69 NATIONS

Tonya Robinson Martyna Skrodzka Bahamas Poland

Tianyuan Zhuang China

Abdullah Alazemi Kuwait Valeria Hamel Sierra Mexico

Pedro Carvalho Zunaid Lundell Brazil South Africa PUBLIC PRAISE FOR PRIVACY INSIGHTS More publicity for Berkeley Law’s privacy work: the school do shape privacy improvements, but they tend to be domi- claimed three of the ten annual Privacy Papers for nant or significant players in their field.” Policymakers awards, with Chetan Gupta ’17 winning the Among his case studies: HTTPS, the more secure, inaugural student category. encrypted version of an earlier online protocol (HTTP). Now an employment lawyer at Baker McKenzie’s Palo Gupta noted how quickly HTTPS was adopted once Google Alto office, Gupta probed whether individual actors can announced it would promote those pages in search results drive the adoption of privacy and security standards in a by ranking them higher and displaying red “not secure” given marketplace, and why certain protective technolo- warnings next to other webpage addresses in the browser. gies gain broad acceptance. The idea came from studying HTTPS adoption soared from less than 40 percent in 2015 the “Minority Effect,” where a small but vocal or picky to more than 80 percent today. minority can affect the choices of society as a whole. “Increased understanding of this issue can help busi- “I found that widespread adoption normally requires that nesses, policymakers, and consumers decide how best to the end consumer be inconvenienced as little as possible, improve privacy and security,” Gupta says. “It can also even if businesses incur a high cost of implementing the guide what privacy regulation should look like. For exam-

privacy-enhancing technology,” Gupta says. “Single actors ple, policies that make consumers absorb and act on large (7X) BLOCK JIM

24 TRANSCRIPT SPRING 2018 law certificate, just one example of the ways in which stu- write in the U.S. legal style, with an eye toward American dents can align credentials with their careers. civil procedural rules. At the World Wildlife Fund, Ojanen’s work focuses on “So many contracts are governed by U.S. law,” Whitman core conservation operations, as well as influencing public says. “To litigate for international clients, or to do corporate policy in the areas of biodiversity and climate change. law for business clients, you need to understand something “LL.M studies give me a great opportunity to build net- about U.S. law because you’re going to be working with U.S. works and establish friendships with lawyers from around lawyers on cases. If you’re a Chinese company and you want the world,” she says. to expand into American markets, you need to understand American law.” U.S. LAW AT A TOP U.S. LAW SCHOOL Common reasons students choose the Berkeley LL.M. LL.M. alumnus Benjamin Gomez ’13 chose to enroll in the program: the university’s No. 1 ranking among United States traditional-track program mostly for personal reasons: public institutions and No. 1 intellectual property law pro- after earning his J.D. in Chile, he wanted to live in California gram ranking among U.S. law schools, according to U.S. “and to be an active member of the UC Berkeley commu- News & World Report; its world-class faculty; and its prox- nity … a place that helped shape the history of modern imity to Silicon Valley and Pacific Rim economies. America.” Gaining his LL.M. proved to be more propitious Berkeley Law staff members travel the globe every year than he initially realized. to meet prospective students. Representatives go to Europe “Being an LL.M. from Berkeley definitely opened a lot of and Latin America, and there are efforts to visit Asia annu- doors for me,” says Gomez, an in-house lawyer for Jackson ally. When Director of Outreach Anya Grossmann meets Family Wines in Sonoma County. “I specifically remember with prospective students, she says many of them are sur- being introduced in my last couple of jobs as ‘a master’s prised to learn they will get to interact extensively with graduate from Berkeley,’ and everyone was impressed at faculty—a rare occurrence within legal education in many the fact that I was coming from one of the best law schools countries. in the world. Still to this day, it makes me feel proud, lucky, “They’re really excited to know that here at Berkeley and respected.” there are office hours and you can go to coffee with profes- Besides the master’s-level degree, students are able to sors who want to know who you are as a person,” she says. earn certificates of specialization in various areas of busi- “It’s clearly something many of them are looking forward ness law and in intellectual property. They also learn to to experiencing.”

POWERING POLICY: 2017 LL.M. grad Chetan Gupta presented his award-winning research at the U.S. Senate in February.

amounts of technical information probably do little to enhance their actual privacy.” Gupta, who initially wrote the paper for his LL.M. writing requirement, presented his research findings at the U.S. Senate on February 27—a day before the Federal Trade Commission’s PrivacyCon event. He credits James Dempsey, executive director of the Berkeley Center for Law & Technology, for helping him find everyday technologies to illustrate his hypothesis, and Co-faculty Director Chris Hoofnagle for instilling confidence. “Chris is an incredible mentor,” Gupta says. “He helped me shape my ideas, articulate my hypotheses, introduced me to people I could speak with to improve the paper, and even suggested suitable avenues for publica-

JIM BLOCK JIM tion.” —Andrew Cohen NEW ARROW IN THE QUIVER and scholars on readings, along with student participation Kara Ganter, director of communications and program in online discussions with each other and the professor. development for the Advanced Degree Programs Office, Hybrid option students also have the opportunity to helped develop the new hybrid option. She was one of two “virtually” attend a professor’s office hours to further instructional designers brought to the law school in 2012, discuss course material. when she worked with Professor Molly Van Houweling to Berkeley Law’s online efforts include real-time interac- create an online version of her Intellectual Property course. tions and collaborative group assignments in which students Then, like now, the school has sought to make its offer- communicate by email, chat, or web conferencing. ings dynamic. For Andriotis, who works in one of the world’s leading “Many of the other online programs that you see out there arbitration practices, the hybrid option’s flexibility “means aren’t as engaging as the classroom experience,” Ganter that the time I can spend away from the office and from says. “You watch videos, you read materials, and you don’t pending cases and responsibilities is limited.” often interact with faculty or your classmates. We differen- The goal is “to make [our online] classes as rigorous, as tiate our model by offering a lot of engagement.” exciting, and, in some cases, even more engaging than our The online coursework includes live and pre-recorded in-person classrooms,” Ganter says. “I think we did that faculty lectures and interviews with leading practitioners with our hybrid option. Our students are loving that we

FAMILY TIES Jean-Luc Fournier admits it’s probably LAW LINEAGE: the only race he can win against his Jean-Luc Fournier son. “Marc wanted to come here first, with his son, fellow LL.M. student but I beat him to it,” says Jean-Luc, 62, Marc Fournier. soon to begin his second summer in the professional track program. True, Marc Fournier did not become which Françoise later joined. Engaged professors and fellow an LL.M. student (academic-year pro- In France, judges appoint an inde- students, however, helped him gain gram) until August. Like any good pendent expert to scrutinize a dispute’s confidence. That collegiality also attorney, however, he has a quick financial aspects and provide a report. spoke to Marc, who had spent a rebuttal: “My dad started first, but I’ll Jean-Luc is often tapped to perform month in the Bay Area with a host graduate first.” Either way, it’s the first that role and analyze the financial family at age 16. parent-child tandem enrolled simulta- angles of U.S. companies seeking to “In France, university is very neously at Berkeley Law. acquire French ones—a big reason he impersonal with little faculty interac- The French family has a history of came to Berkeley. tion or student socializing,” says professional collaboration. Jean-Luc, “In France it’s just, ‘What’s the rule of Marc, who has enjoyed the law Marc, and Françoise (wife and mother) law?’” Jean-Luc says. “In the U.S., you school’s courses, business center all studied finance at ESSEC Business also have to look at the cases that programming, and opportunities to School in Paris. Jean-Luc later apply in each state or federal jurisdic- assist startups. “I like Berkeley much launched a financial services firm, tion. It’s very complicated.” better.” —Rachel DeLetto RACHEL DELETTO RACHEL

26 TRANSCRIPT SPRING 20162018 built engagement into these courses, TREASURED TIME: which is different than other models Mustafa Farooq LL.M. ’16 of online education.” and his son, Hasan. FOUNDATIONAL, NOT TANGENTIAL The presence of LL.M. students at the law school redounds to the benefit of all students. STUDENTS Second-year J.D. student Travis Mitchell, who had never heard of the HONOR LL.M. degree before enrolling at Berkeley Law, calls LL.M. classmates MEMORY OF “an invaluable part of my education.” CLASSMATE’S “Many of them bring unique perspectives to classroom discussions that INFANT SON force all students to think critically about the assumptions we make about While earning his LL.M. degree at Berkeley Law, Mustafa Farooq ’16 suffered the law and its purpose,” Mitchell says. an unimaginable tragedy—the death of his only child, nine-month-old Hasan, “And because many of them already from a rare genetic disorder. Nearly 1,500 miles from his Edmonton home, have successful legal careers in other Farooq had been in Berkeley for only half a year. countries, they root the class in prac- “I could have never imagined the support I received,” he says. “It’s hard to ticality, not the legal theory that often quantify.” leaves the class in a mire. They’re also LL.M. classmates from all over the world rallied on his behalf. Class President a great and interesting group of people Karin Gaudet-Asmus organized students to cook and bring food to his family, outside of the classroom.” and many attended Hasan’s funeral at a Muslim community center in Fremont. At some law schools, LL.M. programs “I can never fully describe what it meant to me to have my friends there on are considered “somewhat of an after- that day,” Farooq says. “I think it would have been soul-crushing not to.” thought,” says Professor Robert Merges, Gaudet-Asmus initially planned to have volunteers either cook or donate who teaches patent and intellectual money for groceries. But those who cooked refused to accept grocery funds, property law. “I think the perception paying for the food themselves. is that they want to really concentrate With $600 of leftover donations, Farooq’s classmates decided to make a on their J.D. students, and they might meaningful, enduring gift: a brightly colored well in Rojhan, Pakistan, near his see the LL.M. students as being maybe family’s roots, that bears Hasan’s name and serves about 200 people in an an exotic extra, but not integral to the impoverished area. law school. That’s not our view.” Farooq’s classmate and UC Village neighbor Fawaz Alawadhi coordinated the Rare is the Berkeley Law professor project. Described by Gaudet-Asmus as a “compassionate person, loyal friend, who does not teach LL.M. students, and skilled organizer,” Alawadhi searched for a “continuous and stable” project and Merges says there is wholesale fac- that would aid poor people. He explored options with the Al-Nouri Charitable ulty buy-in for the program. Society, and the well idea gained traction. For Andriotis, the degree isn’t the “We considered it as an ongoing charity endowment that will last a long time only benefit. A visiting lecturer in inter- and not only reward the donators during their lives, but continue to reward them national arbitration at a French uni- after their death,” Alawadhi says. versity, he hopes to emulate his Farooq, who saw photos of the well last fall, says it “symbolizes a means Berkeley LL.M. professors, who offer through which Hasan’s good deeds continue on, and by which his mother and I “cutting-edge” instruction. continue to benefit from their blessings.” “I’ll be able to apply different and “I will never forget this,” he says. more innovative methods of teaching Gaudet-Asmus will never forget how her “classmates came together to sup- to my students,” Andriotis says. “My port Mustafa and leave behind a dignified memory for his son—a well that gives experience to date has been tremen- life.” —Andrew Cohen dously rewarding.” n

TRANSCRIPT SPRING 2018 27 Study Selected Faculty Hall Scholarship Berkeley Law professors are internationally recognized experts in a rich array of specialties. Here is just a sampling of their far-reaching scholarship over the past year.

INTERNATIONAL EYE ON CHINA LAW When Rachel Stern is in China, “it in 2014 declared that all rulings must be pub- feels like I’m in the center of the uni- lished online. Stern presented her early find- verse.” She calls the rise of China “the ings at a recent conference in Nanjing, China. political story of our lifetime, with Stern huge ripple effects in the United States and across the world.” That ascension is strong fuel for a fast-rising scholar whose research has vaulted her to the forefront of studying China’s legal system. Her latest honor, a Hellman Award, supports the research of promising UC Berkeley junior faculty. Stern is examining how judicial transparency in China is changing that nation’s practice of law. Case decisions had long been available only to the lawyers and parties involved, but the government MANAGING REFUGEE CRISES Katerina Linos argues that host on 25 interviews with aid workers and govern- governments and aid organizations ment officials, more than 80 discussions with can inadvertently undermine their migrants and refugees in Greece, and rumors ability to manage refugee crises. systematically collected by aid organizations. Linos Three recurring culprits are fre- Linos shows how the resulting information vac- quently changing policies, limiting information uums lead to troubling misperceptions. These available about the asylum application process, prompt refugees to seek answers from unofficial and implementing arbitrary asylum policies. sources (including smugglers), often leading Her paper, written with two co-authors, draws them to not fully exercise their legal rights.

28 TRANSCRIPT SPRING 2018 Study Hall

TAX & BANKRUPTCY LAW & CODES ECONOMICS

ANALYZING ANTITRUST TAXING GLOBAL Daniel Rubinfeld won the American Antitrust Institute’s PROFITS annual award for best antitrust More countries are considering a destination-based cash and platform markets article. His flow tax on multinational companies. That’s a tax based on paper with Michal Gal addresses Rubinfeld where goods end up rather than where they are produced. In the recent growth of free online goods and a paper evaluating the tax against five criteria—economic services, problems caused by their hidden efficiency, robustness to avoidance and evasion, ease of Auerbach costs, and how antitrust policy and regula- administration, fairness, and stability—Alan Auerbach and his co-authors tory tools can best manage them. explain how the tax might work, analyze its likely effects, and note issues Rubinfeld and Gal also won a 2017 that would arise with implementation. Antitrust Writing Award from Concurrences, Auerbach looks closely at how such a tax would be applied to the finan- a peer-reviewed journal dedicated to cial sector. His research group intends to produce a book that reviews national and European Union competition ways in which jurisdictions might tax a share of the profit of multinational laws, for their paper on barriers to big data. companies, including the existing system and well-known alternatives. The authors examine the main limitations on accessing big data and describe the characteristics of its markets and their competitive effects. They find that big data’s unique characteristics should play a key role in analyzing competition—and in evaluating social welfare. MEDAL-WORTHY WORK Robert Cooter won the 2017 Ronald H. Coase Medal for advancing economic understanding of law and related Cooter areas of public policy and regulation. Bestowed every other year by the BANKRUPTCY American Law and Economics Association, the award recognizes major contributions CODE BREAKER to the field, which Cooter helped pioneer. His recent work examines the value of a A law review article by Abbye Atkinson examines the issue statistical life (VSL), which balances the of categorically non-dischargeable debts in the Bankruptcy risk of death and the costs of limiting that Code. These debts are excepted from discharge ostensibly risk. Assessing community and market because they indicate that (1) the debt was incurred VSLs, Cooter endorses the former to help Atkinson through misconduct; (2) a vital public policy requires the debt to be excepted from discharge; or (3) the discharging of certain measure damages in tort law and aid regu- state-imposed debts raises federalism concerns. latory cost-benefit analyses. He says that Atkinson chides these analytical prisms, arguing that they do little to community VSLs offer a valid measure of help explain why some debts are treated as non-dischargeable while life’s implicit value because they derive others that seem to implicate the same concerns are not. She says this from social norms, which embody the col- arbitrary line drawing has negative implications for disenfranchised lective preferences and ideals of communi- communities in which categorically non-dischargeable debts may be ties as refined over time. concentrated.

TRANSCRIPT SPRING 2018 29 LABOR & SUPREME COURT GENDER RIGHTS PROCEDURE FREE LABOR SPEECH Recent First Amendment CITED BY SOTOMAYOR rulings have been unkind to U.S. Supreme Court Justice Sonia Sotomayor cited the labor in the U.S. Supreme Court, work of Andrew Bradt in a 2017 dissenting opinion. Bradt save for the expanded right of and three co-authors submitted an amicus brief in a case Fisk union-represented employees involving 86 California residents and 592 non-resident plain- Bradt to refuse to pay union dues. This has not tiffs who sued Bristol-Myers Squibb over alleged injuries always been so historically, however, and from the drug Plavix. Catherine Fisk ’86 argues that the labor Bristol-Myers Squibb sold millions of Plavix pills in California, but movement’s future depends on the right to argued that the state court lacked jurisdiction to preside over the non- engage in robust protest—and on lawyers residents’ claims because their alleged injuries were not caused by the cultivating that right. company’s state contacts. Bradt’s brief urged the court to reject a strict Fisk says social movements can exist causation test, arguing it would jeopardize established expectations only with a strong commitment to free about jurisdiction in simple and complex cases and betray longstanding speech, and that real power for workers court precedent. The court agreed with Bristol-Myers Squibb’s jurisdiction argument, but hinges on labor’s capacity to be such a did not adopt the company’s proposed causation rule. movement. Her paper calls for labor lawyers to raise rights awareness of the First Amendment’s free-speech clause, even in the face of courtroom setbacks, to build more legal consciousness and conviction SOLVING A PESKY among workers. PATENT PUZZLE SCIENCE, SEX, If two federal appeals courts decide the same issue differently, the U.S. Supreme Court is more likely to rule on & GENDER it. But, as Tejas Narechania points out in a recent paper, The surging transgender rights almost all patent case appeals land in the Court of Appeals Narechania movement challenges for the Federal Circuit. How, then, does the Supreme Court cornerstone legal presumptions determine whether to about science, sex, and gender. grant certiorari in a pat- Katyal Sonia Katyal confronts how the ent case? law should respond amid the erosion of Narechania says the binary presumptions about male and female high court looks for a dif- identity. Her article offers a new way to con- ferent type of split in ceive of the relationship between sex and making this decision: gender, through a parallel affiliation between whether two fields of law identity, property, and intellectual property. conflict over the issue in Katyal argues that sex is to gender as question. He notes that legal universality—con- property is to intellectual property. Instead sistency across fields of of thinking of sex as a construct of biology law—is an important but alone, she says we can re-conceptualize it largely unstated priority along the lines of tangible property—bor- in certiorari decisions for dered, seemingly fixed, and rivalrous. By patent cases, and that contrast, she says gender is more akin to the court should better intellectual property—malleable, unfixed, explain when and why and nonrivalrous. such “field splits” merit

review. YANG JAMES BY ILLUSTRATION

30 TRANSCRIPT SPRING 2018 Study Hall

LEGAL SURVEILLANCE HISTORY & SECURITY THE DIRT ON DATA COUNTERREVOLUTION COLLECTION Data collection programs, often ROOTS launched in the name of national A recent book co-authored by Sean Farhang examines security, are secretive and largely responses to the rights revolution that occurred in the U.S. immune from oversight—posing Dempsey during the 1960s and 1970s. In Rights and Retrenchment: serious threats to personal privacy. The Counterrevolution Against Federal Litigation, Farhang A new book co-authored by James Dempsey, and Stephen Burbank use archival evidence and data to Farhang Bulk Collection: Systematic Government identify origins of the counterrevolution against private enforcement of Access to Private Sector Data, explores federal law in the first Reagan national practices and laws regarding such administration. access to personal information held by private In doing so, the authors companies. measure the counterrevolu- The book contains 12 country reports tion’s trajectory and evaluate that assess national surveillance laws, its success in elected evolving international law and human rights branches, court rulemaking, principles related to government surveil- and the Supreme Court. They lance, and oversight mechanisms. find that although the coun- Dempsey proposes rules for government terrevolution largely failed in access to customer data from telecommu- more democratic lawmaking sites, an increasingly conser- nication providers and private companies, vative, ideologically polarized and advises how companies should Supreme Court has made fed- respond to such demands. eral law less friendly to enforcing rights through lawsuits. STRIKING POWER Written with Jeremy Rabkin, John Yoo’s latest book describes threats to international peace and security that include the proliferation of weapons of mass Yoo INFORMAL DISPUTE destructions (WMDs), rogue nations, and international terrorism. In Striking Power: How Cyber, Robots, and Space Weapons RESOLUTION Change the Rules for War, they argue that In 1970, fewer than a dozen U.S. courts offered mediation, the U.S. should respond to these challenges negotiation, or other forms of informal dispute resolution. by embracing new military technologies. Over the next three decades, these alternatives grew to Yoo says these weapons can provide become staples of American adjudication. Calvin Morrill con- more precise, less destructive means to Morrill fronts the factors driving this dramatic expansion in a paper curb the spread of WMDs, clamp down on that uses the historical case of U.S. alternative dispute resolution. terrorism, or end humanitarian disasters. In doing so, he illuminates the theory of interstitial emergence, which He argues that efforts to constrain new mil- explores how practices from overlapping fields can develop new frame- itary technologies are not only doomed but works, and the reasons for both its evolution and relevance. Morrill also also dangerous, and that these new weap- dissects the integration between institutional analysis in organizational ons can send a strong message without and legal sociology, using it to consider potential alternative options in causing death or severe personal injury. the U.S. medical field.

TRANSCRIPT SPRING 2018 31 Updates from Development & Alumni PRESERVING BERKELEY LAW’S Relations PIONEERING SPIRIT

Two generous gifts—one that looks back and one that looks forward—have power- fully reaffirmed Berkeley Law’s mission of innovation. The Herma Hill Kay Memorial Lecture, created with a seed gift from Professor Pamela Samuelson and her husband Dr. Robert Glushko, honors the iconic pioneer who taught at Berkeley Law for 57 years and was its first female dean. Kay died last year at age 82. Gifts bequeathed by Harold Hohbach ’52 have created in his name a distinguished professorship in patent law are your pioneers.” INNOVATORS: Professors Pamela and intellectual property In 2015, Kay received the Samuelson and Molly Van Houweling are co-directors of the Berkeley (IP), as well as a law, tech- Association of American Law Center for Law & Technology. nology, and IP fund. Hohbach Schools’ Ruth Bader Ginsburg died in December at age 96 Lifetime Achievement Award after a remarkable career as from Ginsburg herself. Like Hohbach, Van a patent litigator, investor, Fittingly, Ginsburg will give Houweling sees the links and developer. the inaugural Herma Hill Kay between IP law and tangible Kay also had a remarkable Memorial Lecture next year. property. “Both are justified career. Just the second A pioneering spirit also in part by the importance of woman to join Berkeley underscores the Harold C. the law giving people incen- Law’s faculty, she wrote Hohbach Distinguished tives to invest in things that seminal works on sex-based Professorship, which aims to are valuable to them and to discrimination, family law, encourage study of the rela- society,” she says. conflict of laws, and diversity tionship between technologi- Coincidentally, Hohbach in legal education. She was cal innovation and economic and Van Houweling share also a role model and mentor growth. Its first recipient, roots in South Dakota, where for numerous women in the Molly Van Houweling, does he was born and her rela- legal profession. just that. tives were homesteading “Herma will be remem- A Berkeley Law faculty farmers. bered for her contributions to member since 2005, Van “I’m so glad his journey family law, and to the Houweling chairs the included a stop at Berkeley broader representation of Creative Commons board of Law,” she says, “and that his women in the legal commu- directors. She has long been generosity now helps sup- nity,” Samuelson says. “But fascinated by how the law port our efforts to educate she also inspired me to supports (and sometimes the next generation of inno- believe that women can do unintentionally hampers) vative law students who will anything, and that’s the individuals’ access to inven- transform their own lives thing I prize the most. You tive and creative opportuni- and the world.” Advancement

should honor the people who ties in the digital age. —Wendy Witherspoon BLOCK JIM

32 TRANSCRIPT SPRING 2018 them as students and graduates.” A NEW ALUMNI A new board president will be elected in July to replace John Kuo ’88, who ASSOCIATION FOR is nearing the end of his two-year term. “I am immensely grateful A NEW ERA to John Kuo and the board members of the Berkeley Advancement The Berkeley Law Alumni Pointing to the student Weekend, drew more than Law Alumni Association,” Association is evolving body’s diversity—65 per- 100 potential Class of 2021 Chemerinsky says. In addi- beyond just a new name. cent female, 42 percent students from across the tion to the warm welcome Ten members are retiring people of color, many who country. and advice they provided to this year from what was were the first in their family “One of the greatest ben- ease the new dean’s accli- known as the Boalt Hall to attend college—Sandberg efits Berkeley Law can offer mation to the law school Alumni Association, opening says the Alumni Association prospective students is the community, he is especially the door for a fresh slate of should “reflect the current support of its extensive impressed by their ongoing voices on the law school’s student population and alumni community,” says dedication. advisory board. include young alums who Sandberg, who organized “They have significantly Current board members can share the central con- the event. “Our graduates increased their volunteer are committed to recruiting cerns and priorities of work in exciting and presti- and financial commitments a new crop of graduates today’s students.” gious legal careers and use to the law school, raised who represent a diverse This spring, the board their law degrees in innova- funds for new scholarships, cross section of the approved revised bylaws tive ways.” and expanded the board’s Berkeley Law community. and formed committees She adds that the Alumni role in mentoring students,” “This is an exciting time focused on admitted stu- Association recognizes the Chemerinsky notes. “I look for the law school. Under dent outreach, mentorship, value of sharing this vast forward to years of close the leadership of Dean fundraising, and communi- network so prospective stu- collaboration as we continue Erwin Chemerinsky, cations. One of the outreach dents “can see the breadth the expansion of Berkeley Berkeley Law is flourishing,” committee’s first events, a of professional possibilities Law’s role as the country’s says board member Cara brunch and alumni panel before them and start build- preeminent public law Sandberg ’12. during Admitted Students ing connections to support school.” —Rachel DeLetto

RACHEL DELETTO RACHEL SPIRITED RECRUITER: Cara Sandberg ’12 pitches Berkeley Law during Admitted Students Weekend in March.

TRANSCRIPT SPRING 2018 33 ALUMNI REUNION

Advancement WEEKEND PROMISES FESTIVE CELEBRATION With more than 600 alumni he “heard many positive in attendance representing comments from those who classes spanning seven attended. … The panels decades, Reunion 2017 were very well received, and delivered a jubilant celebra- I’m grateful to everyone who tion of Berkeley Law’s past, participated.” present, and future. The Class of 1977 was 2000000 First-year Dean Erwin especially excited to wel- Chemerinsky says he was come Pulitzer Prize-winning FORTY YEARS LATER: “Doonesbury” cartoonist Garry Trudeau is all smiles as “thrilled” by the warm wel- cartoonist Garry Trudeau, he describes character Joanie Caucus’ adventures at Berkeley Law. come he received, and that creator of their popular two-

Alumni upped the ante on their fundraising following Alumni Weekend 2017, as reunion- 2017 Reunion Class Giving Results year classes ending in ‘2’ and ‘7’ raised more 1997 2002 2007 2012 than $1.8 million for the Boalt Hall Fund and Class of $30,000 $35,650 $26,621 $18,100 $ Total Giving 16% 15% 24% 21% scholarship funds. Thanks to the rallying % Participation 1992 efforts of reunion-class volunteers, Berkeley $153,000 800000 28.5% Law reached record numbers in overall giving 1967 participation, a wonderful show of support for $662,800 700000 the school’s new era under the leadership of 22.1% Dean Erwin Chemerinsky. 600000 Thank you for commemorating your reunion year by giving back to Berkeley Law. 1987 500000 $500,000 $1.8 million If you’re a member of a class that ends in 25.5% ‘3’ or ‘8,’ this is your reunion year! Get 400000 involved by becoming a reunion-class volunteer and help raise attendance to Alumni 300000 Weekend and giving back to Berkeley Law. Your gifts to the Boalt Hall Fund help ensure 200000 that our school can provide a top legal edu- 1972 Reunion class participation $135,975 100000 1982 20.2% cation that is accessible and affordable for is calculated based on giving $112,685 1977 generations to come. during the calendar year. 20.9% $126,148 19.6% 0 JIM BLOCK JIM

34 TRANSCRIPT SPRING 2018 dimensional classmate Blockchain@BerkeleyLaw, Joanie Caucus. Trudeau and alumni who are practic- engaged in a lively conver- ing in the field. sation with Chemerinsky Following that, an all-star and reminisced about panel of female attorneys TOO MANY Joanie’s journey through will lead a compelling ethics Berkeley Law. CLE program on the “Problem This year’s Alumni of Power Dynamics: Fighting ALUMS Reunion Weekend is set for Sexual Harassment in Courts Advancement October 5-6. As always, all & Capitols.” ARE NOT alumni are encouraged to CLE programming will return to Berkeley for a close with a perennial crowd RECEIVING memorable celebration of favorite, the always lively their alma mater and “Supreme Court Update,” remarkable school which features Chemerinsky EMAILS community. and special guests. The gathering begins Finally, the dean will host FROM Friday with a Welcome a salon-style conversation Barbecue on the law school’s with attorney and legal jour- BERKELEY rooftop terrace. In addition to nalist Dhalia Lithwick. A reuniting with classmates, senior writer at Slate and this casual evening provides the writer of its “Supreme LAW. a chance to get to know Court Dispatches” column, today’s faculty, meet Lithwick also hosts the pop- Berkeley Law students, and ular Amicus podcast. ARE YOU ONE learn about the high-impact That evening, alums will work of the school’s centers gather on the roof terrace for and clinics. cocktails, then reminisce OF THEM? On Saturday, get ready with classmates and other for the future with a deep fellow grads at the Class If you signed up with an dive into “Cyrptocurrency Dinners. @berkeley.edu email, an email and the Blockchain: What Act fast: Those who regis- address that is no longer active, or 2017 Reunion Class Giving Results Lawyers Need to Know.” ter by July 1 get an Early This timely program fea- Bear Special Discount of 20 a firm or public-sector email tures faculty experts who percent off full program address with sensitive spam fil- will share insights from price. Visit law.berkeley.edu/ ters, you may be missing out on Berkeley’s first-of-its-kind reunion2018 for more valuable information from your blockchain curriculum, details and information. Berkeley Law community. If you some student members of —Rachel DeLetto previously opted out of all alumni emails, you can opt in again—we’d love to have you back! Please update your contact info today with your personal email address (e.g., Gmail, Yahoo, AOL, Hotmail, etc.) by visiting law.berkeley.edu/alumni (scroll to lower part of page) or by emailing [email protected]. JIM BLOCK JIM

TRANSCRIPT SPRING 2018 35 Class

All in the Notes Alumni Family

Midwest and New England, Your 1960 where Chuck was general 1974 James Willett of Downey counsel and chief claims Lise Pearlman wrote Classmates Brand was named a 2017 officer of several insurance a new book, Call Me Want to Hear Top Lawyer by Sacramento companies. He is an arbitra- Phaedra: The Life and Magazine. tor and expert consultant Times of Movement From You! and witness in insurance Lawyer Fay Stender. It and business matters. chronicles Stender’s remark- 1967 able life and career as a rare CONTACT US James McManis was on the female criminal defense law- Daily Journal’s Top 100 yer and groundbreaking BY EMAIL Lawyers list and in the prisoners’ rights advocate. [email protected] Northern California Super Lawyers 2017 Edition. He BY MAIL also received the Northern 1976 Development & California Society of R. Bradford Huss, managing Alumni Relations Professional Journalists’ partner of Trucker Huss and University of California, James Madison Freedom of employee benefits special- Berkeley, School of Law Information Award for his ist, made Super Lawyers’ 224 Boalt Hall #7200 firm’s victory in Smith v. San Jane Kauvar, an Alaska Top 100 Attorneys in Berkeley, CA 94720-7200 Jose. Superior Court judge, will Northern California list for retire in July after 37 years the fifth straight year. 1971 on the bench. Mark Lipton, recently retired David Stephen Zalob shares 1977 as of counsel at Neyhart, the sad news of the passing Angela Glover Blackwell Anderson, Flynn & Grosboll, of his wife, Jana Smith, after received UC Berkeley’s Peter is a candidate for the Florida a courageous battle with E. Haas Public Service Award. House of Representatives cancer. A longtime nurse, She is the CEO of PolicyLink, (79th District). Jana “brought joy to all who which strives to advance knew her … she contributed economic and social equity. intelligence, a beautiful 1973 smile, a nuanced sense of Chuck Ehrlich and family humor, and a deep under- 1978 returned to the Bay Area standing of and interest in Robert Listenbee joined the after two decades in the others.” Philadelphia District

36 TRANSCRIPT SPRING 2018 STEVEN DRUKER ’72

Attorney’s Office to oversee THE REAL SCOOP ON juvenile criminal issues. He was administrator of the GENETICALLY ENGINEERED U.S. Justice Department’s Office of Juvenile Justice FOODS and Delinquency Prevention from 2013 to 2017. For more than two decades, Steven Druker has been working to uncover the truth about genetically engineered (GE) foods. Last year, those efforts resulted in a Luxembourg Colbert Matsumoto was con- Peace Prize for outstanding achievement on behalf of the environment. ferred the 2017 Fall Imperial “My work has uncovered persistent misrepresentation of the facts regarding the risks of Decoration by Japan’s gov- GE foods, not only by the U.S. Food and Drug Administration (FDA), but also by other regu- ernment for his work lators and many influential scientists and institutions,” Druker says. “Hopefully, the prize strengthening ties between will bring greater attention to this unacceptable situation.” Hawaii, the U.S., and Japan. Druker began to research GE foods in 1996 and became especially concerned with the FDA’s official presumption that they were safe and could be marketed without testing or Andrew Parnes, a criminal even labeling. So he founded the Alliance for Bio-Integrity in that year and initiated a law- defense lawyer for 40 years, suit against the FDA that forced the agency to divulge its relevant files. won the Idaho State Bar’s According to Druker, these records revealed that the FDA had covered up its own scien- Professionalism Award for tists’ warnings about the risks and ignored their calls for safety testing. He says the files extraordinary activity in the also refute the FDA’s claims that GE foods are generally recognized as safe and that it has community, state, or been regulating them in a scientifically sound manner. profession. Druker chronicles the lawsuit, the history of GE foods, and a host of alleged irregulari- ties in his acclaimed 2015 book, Altered Genes, Twisted Truth: How the Venture to Genetically Engineer Our Food Has Subverted Science, Corrupted Government, and 1980 Systematically Deceived the Public. Russell Austin was named In her foreword, famed primatologist and conservationist Jane Goodall calls it “without the Sacramento County Bar doubt one of the most important books of the last 50 years.” John Ikerd, Professor Association’s 2017 Emeritus of Agricultural Economics at the University of Missouri, says that “no one has Distinguished Attorney of documented other cases of irresponsible behavior by government regulators and the sci- the Year. He is a business entific establishment nearly as well as Druker documents this one.” law partner at Murphy Druker earned his bachelor’s Austin Adams Schoenfeld. degree in philosophy at UC Berkeley before attending Berkeley Law, Willard “Bill” Carle III where he was elected to the received the Sonoma County California Law Review and the Order Bar Association’s highest of the Coif. honor, the 2017 Career of “The rigor of Berkeley Law’s pro- Distinction award. He is a gram was sound preparation for partner at Carle, Mackie, exposing the extensive subterfuge Power & Ross in Santa Rosa. that has enabled GE foods to enter— and remain on—the market,” he says. Druker continues his endeavor to set the record straight about GE foods, and it’s no small task. As prominent biologist Philip Regal observed, his book “reveals that what’s at stake is not only the safety of our food supply, but the future of science.” —Wendy Witherspoon

TRANSCRIPT SPRING 2018 37 Class Notes

Judge Kelvin Filer was R. Christopher Locke, senior her service and giving in since 2005. inducted into the John M. partner at Farella Braun + support of the university. Langston Bar Association Martel in San Francisco, has Nancy Fineman joined the of Los Angeles Hall of been elected to the San Mateo County Superior Fame. He swore in his American College of 1984 Court bench in December. youngest daughter, Kree, Environmental Lawyers, a Maggy Hughes is celebrat- The former Berkeley Law to the California State Bar professional association of ing her ninth year as the Alumni Association presi- last year in his L.A. top attorneys dedicated to owner of Maggy Hughes dent had been a partner at Superior Court before environmental law’s ethical Tutoring, which serves mid- Cotchett, Pitre and McCarthy family and friends. practice and development. dle school, high school, and for 21 years. college students in Marin Michele Roberts, executive County and San Francisco. Sir Rabinder Singh was pro- director of the National 1982 She specializes in helping moted to the UK Court of Basketball Players Joseph Lee was re-elected them improve their reading, Appeal, becoming the first Association, was named the to a two-year term as presi- writing, and critical-thinking Indian-origin judge elevated most powerful woman in dent of the Disability Rights skills. to that post. sports by Forbes. Legal Center’s board of directors. He is a litigation partner Scott Tips, president of the in the Los Angeles office of 1985 1987 National Health Federation, Munger, Tolles & Olson. Laura Clayton McDonnell, a Carolyn Bell was appointed addressed delegates of the vice president (New York to a Florida judgeship in Codex Alimentarius region) at Microsoft, was Palm Beach County. A fed- Commission meeting held in 1983 named to the board of trust- eral prosecutor in the state, Geneva. Codex Alimentarius Joshua Genser became gen- ees at the Intrepid Sea, Air & she previously served as a is the highest international eral counsel for C. Overaa & Space Museum in New York U.S. Justice Department authoritative body setting Co. He is the first in-house City. senior trial attorney. global food standards and attorney at the general con- guidelines. tracting company, which Maurice Foley was elected Andrea Mersel was named a has operated in Richmond chief judge of the U.S. Tax principal partner at Elkins since 1907. Court in February. Appointed Kalt Weintraub Reuben 1981 to the court by President Bill Gartside in Los Angeles, Romli Atmasamita was Darolyn Lendio Heim was Clinton in 1995, Maurice will where she works in the appointed special staff for sworn in as a district judge serve a two-year term start- firm’s Family Law Indonesia’s Coordinating in Hawaii’s First Circuit after ing June 1. Department. Minister of Politics, Law and her unanimous confirmation Security. Romli also directs by the Hawaii State Senate. Nicolai Sarad joined the country’s Institute of Bracewell’s New York office Independent Study for as a partner in the project Public Policy. finance group. He moved there from Pillsbury Natalie Gubb, who died in Winthrop Shaw Pittman, 2016, was honored by where he co-led the projects Mercy Housing California— team. which named three new San Francisco affordable housing communities the Natalie 1986 Gubb Commons. Natalie co- Fernando Aenlle-Rocha was 1988 founded Gubb & Barshay, a appointed to a Los Angeles Michael Colantuono, of the law firm that helps nonprof- Martha Jordan received a County Superior Court firm Colantuono, Highsmith its develop and finance 2017 Distinguished Alumna judgeship. He had been a & Whatley, was elected affordable housing. honor from Penn State for partner at White and Case president of the California

38 TRANSCRIPT SPRING 2018 State Bar. An appellate spe- families, and equitable com- Superior Court judge. She is cialist and the State Bar’s munities in the state. He a partner with Levine Lee 1999 first openly gay president, had been executive director and a former federal Miles Cooley joined DLA Michael was city attorney of NGAGE New Mexico, a prosecutor. Piper as a partner in the for Calabasas from 2003 to nonprofit focused on south- firm’s Media, Sports, and 2012. ern New Mexico. Entertainment practice in 1996 Los Angeles. Kenneth Wainstein, former Bill Grantham retired from homeland security advisor 1992 Rufus-Isaacs, Acland & in the George W. Bush Amber Rosen became a Grantham, the Beverly Hills 2000 Administration, joined Davis Santa Clara County Superior firm he co-founded. He now Esha Bandyopadhyay joined Polk & Wardwell’s Court judge. She had worked lives in Ireland and runs Winston & Strawn’s Silicon Washington, D.C. office. He as deputy chief at the U.S. Obelisk Media Ireland Valley office. She has prac- had been co-chair of Attorney’s Office (San Jose) Limited, a film and TV con- ticed IP and technology- Cadwalader, Wickersham & and as an assistant U.S. sultancy, and is a visiting related commercial litigation Taft’s litigation group. attorney. professor at the Institute for and counseling for nearly Media and Creative two decades. Industries on Loughborough 1989 1993 University’s graduate cam- Gabriel Ramsey joined David Aladjem of Downey Daniel Cloherty joined the pus in London. Crowell & Moring as a part- Brand was recognized as a Boston firm Todd & Weld as a ner in the firm’s Litigation 2017 Top Lawyer by partner. His practice focuses Gil Labrucherie was and Privacy & Cybersecurity Sacramento Magazine. on federal criminal defense. appointed to the board of Practice groups (San directors at AntriaBio, a Francisco). He was named Yusuf Giansiracusa was which develops innovative one of California’s top 75 IP appointed to the board of 1994 drug therapies for patients litigators by the Daily directors of soccer franchise Stephen Charbonnet joined with metabolic diseases. Gil, Journal and an “IP Star” by Sheffield United F.C., which the firm Messerli Kramer who chairs the board’s audit Managing Intellectual plays in the English Football (Minneapolis) in its business committee, is senior vice Property magazine. League’s Championship services group. Previously, president and chief financial level. A partner at Jones he had co-founded and man- officer of Nektar Therapeutics. Day, Yusuf has practiced in aged a local boutique firm. 2001 Saudi Arabia for 25 years. Alissa Miller was named Rachel Gonzalez joined 1997 partner at Akin Gump in Los Starbucks Corporation as Katrina Lee, associate clini- Angeles. She represents executive vice president, cal professor at The Ohio financial institutions, other general counsel, and secre- State University Moritz financiers, producers, and tary. She had been chief College of Law, authored the distributors regarding their administrative officer for new book The Legal Career: film, TV, and corporate Sabre Corporation. Knowing the Business, activities, and advises Thriving in Practice. film and TV clients on tax- Marc Katz joined DLA Piper advantaged financing and co- as a partner in the firm’s production arrangements. employment practice and managing partner of its Katherine Prescott returned 1990 Dallas office. to Fish & Richardson, where Frank López is the W.K. she worked from 2001 to Kellogg Foundation’s new 2009, as of counsel (Silicon director of New Mexico pro- 1995 Valley office). She spent the grams, which supports Tracy Lee Dayton was nomi- prior eight years in private thriving children, working nated as a Connecticut practice and as senior litiga-

TRANSCRIPT SPRING 2018 39 Class Notes

ARACELI COLE ’90 A PARAMOUNT TASK IN HOLLYWOOD With the popularity of video-streaming services like Hulu, Netflix, and Amazon fueling a decline in movie theater attendance, Araceli Cole faces a daunting task at Paramount Pictures: anticipating what this shift might mean for a major film studio. “Media and entertainment are going through disruptions in their business models, and we need to adjust to stay viable Cole has had a long tenure at Paramount and a front-row and move forward,” says Cole, Paramount’s senior vice presi- seat from which to observe the changes—some subtle, dent of human resources. “To meet our future business some seismic. She joined the studio in 1999, after eight needs, it’s critical to evaluate our talent needs, identify our years in private practice as an employment lawyer. Cole stars and foster their growth and development, and imple- then moved to the corporate side of legal, where she worked ment practices that effectively attract and retain the best with Paramount’s general counsel on corporate legal and talent.” compliance matters, before shifting to human resources. As studios plot course corrections to maintain profitability, Tackling a variety of roles, she says, has given her “a Cole and her team work closely with Paramount’s home media valuable understanding of the business and its many chal- distribution, business affairs, and TV licensing groups. In lenges.” From her perspective, the real change for the stu- managing the company’s talent acquisition and retention, she dios and moviegoers alike might be a return to the theater. anticipates how the studio should navigate an ever-shifting “Nothing at the moment really matches a theater-going media landscape—and how it should staff an evolving experience,” she says. “We went from watching films in the- organization. aters, then DVDs, to streaming, and recently to 3D. For “Theatrical releases are still a viable, vital part of our busi- those movies that strike a chord with audiences, the buzz is ness. DVDs used to represent a major component of our over- that theaters will move to a model where you enter a theater all profitability; however, consumers aren’t buying them the and will feel as if you just walked into the movie itself. I still way they did 10 years ago, and DVD sales continue to shrink,” think people want that comprehensive experience.” says Cole. “That presents a distribution challenge not just for Cole is doing her part to help Paramount provide it, one Paramount, but for all studios.” hire at a time. —Andrew Cohen

tion counsel at a Fortune (CPO). She previously served an Alameda County Superior 100 electronics company. 2002 as CPO for the Federal Trade Court judge. Hernando Baltodano was Commission. Giesela Rühl and three co- appointed to a San Luis Sanna Singer is the authors have published a Obispo County Superior Assistant City Attorney of four-volume study on pri- Court judgeship. He had 2003 San Diego and leads the Civil vate international law that been a partner at the Victor Rodriguez, who as a Advisory Division of roughly earned the American Society employment firm Baltodano child helped his immigrant 50 lawyers. The division of International Law’s 2018 and Baltodano since 2011. parents clean the local advises the mayor, council, Certificate of Merit for High branch of the Alameda auditor, and other depart- Technical Craftsmanship Katie Race Brin joined the County Municipal Court ments on legal matters, and Utility to Lawyers and digital education company among other buildings in drafts legislation, and issues Scholars. 2U as chief privacy officer Livermore, was sworn in as legal opinions.

40 TRANSCRIPT SPRING 2018 investigations through educate lawyers on family Cybersecurity in New York appeal. preparedness for immi- City. grants and multi-national S. Deborah Kang, a Cal families. Teresa Ghali was promoted State-San Marcos history to partner at Carothers professor, published The DiSante & Freudenberger INS on the Line: Making (San Francisco). Named to Immigration Law on the Super Lawyers’ Northern US-Mexico Border, 1917- California Rising Star list for 1954. The book traces the the past eight years, she conflicts and contingencies represents California Quyen Ta joined Boies that helped shape the bor- employers in class actions Schiller Flexner as partner der and U.S. immigration and single-plaintiff claims. (Palo Alto office). Her prac- law in the 20th century. tice focuses on consumer Jeff Glasser married Dr. class action defense, IP, Robert Mussig was ele- Lillian Hardy became part- Diana Aldape last summer in and other high-stakes vated to partner at ner at Hogan Lovells, where Dana Point, California. Jeff is litigation. Sheppard, Mullin, Richter & she has worked in the vice president for legal at Hampton (Los Angeles). He Washington, D.C., office for The Los Angeles Times and defends employers in wage nine years after practicing in senior counsel at Tronc, for- 2004 and hour class actions and San Francisco. Lillian is part merly Tribune Publishing. Brynly Llyr, general coun- against claims of discrimi- of the firm’s Investigations, sel of blockchain company nation, harassment, and White Collar & Fraud Group. Jana Contreras was named Ripple Labs, was profiled in wrongful termination. shareholder at Miller Starr Corporate Counsel. Dean Harvey of Lieff Regalia in the firm’s Walnut Liu Zhen is senior vice Cabraser was recognized by Creek headquarters, where Claudia Vetesi was elected president of Bytedance, the the ABA as one of the top 40 she focuses on complex real partner at Morrison & parent company of China’s young lawyers in the nation. estate and commercial Foerster (San Francisco). A most popular news aggre- disputes. recipient of the State Bar of gator, Toutiao. She previ- Purvi Shah was one of seven California’s Wiley W. Manuel ously was head of strategy people chosen as Open Corrin Drakulich of Fish & Award for public service, at Uber China. Society Foundations 2017 Richardson’s Atlanta office Claudia specializes in con- Soros Equality Fellows from was named one of four 2017 sumer class action defense more than 1,000 applicants. “Women Worth Watching” in and complex commercial 2006 The new fellowship aims to a special issue of Profiles in litigation. Caren (Lerner) Decter was help emerging mid-career Diversity Journal. She spe- elected partner at professionals become inno- cializes in IP litigation. Frankfurt Kurnit Klein & vative racial justice leaders. 2005 Selz. She works in litigation Grace Ho was promoted to Chris Ahearn has been ele- focusing on complex com- counsel at Vinson & Elkins vated to partner in the mercial disputes, IP, and 2007 in Houston, where she Irvine office of the employ- white-collar defense. Sean Callagy was promoted works in the Employment, ment defense firm Fisher to partner at Arnold & Porter. Labor & OSHA group. Phillips. Alicia Gámez received a Bar He specializes in IP at the Association of San firm’s San Francisco office. Megan Jennings was Brian Gearing joined Francisco Award of Merit elected partner at Morrison Crowell & Moring as a part- for her stellar work on its Daniel Dobrygowski was & Foerster in San Francisco. ner in the firm’s Intellectual Immigration Task Force and appointed as head of gover- She works in the firm’s Property Group in New York its Delegation to the nance and policy at the Environment & Energy City. He represents Fortune Conference of California Bar World Economic Forum’s Group and counsels project 100 companies in pre-suit Associations. She helped new Global Centre for developers.

TRANSCRIPT SPRING 2018 41 Class Notes

Katarzyna Nowak was U.S. Court of Appeals for the named a 2017 Rising Star by Ninth Circuit, which affirmed In Memoriam Northern California Super that the company’s mark is Peter E. Giannini ’45 Robert N. Schiff ’73 Lawyers. She is a labor and not generic simply because Robert A. Wertsch ’45 Nora Brusuelas ’74 employment associate at consumers use “Google” as Altero D’Agostini ’47 Joseph C. Friedman ’74 John H. Paine ’47 Robert R. Rothstein ’74 Fisher Phillips’ San a verb for web searching. Justice Robert Feinerman ’49 C. Preston Shackelford ’74 Francisco office. Robert W. James ’49 Melody M. Fujimori ’75 Maxwell Yim was promoted John A. Sproul ’49 Rosemary D. Woodlock ’75 Harry Pregerson ’50 Robert B. Bradfield ’76 to partner at Fried, Frank, Borden B. Price ’50 Bobbie L. Welling ’76 Harris, Shriver & Jacobson Mayre R. Braithwaite ’77 William D. Evers ’52 (New York City). He repre- Leo Geffner ’52 Penny Nathan Kahan ’78 Marilynn Hofstetter ’52 Mayor Edwin M. Lee ’78 sents private equity firms Harold C. Hohbach ’52 Kenneth H. Natkin ’78 and public and private com- James R. Stillman ’78 Harris W. Seed ’52 panies in varied transactions. John H. Burgess ’54 David F. Gantz ’80 Michael J. Veiluva ’81 Robert D. Patterson, Jr. ’54 Sylvia D. Lautsch ’82 John R. Braun ’55 Michael V. Toumanoff ’82 William L. Cooper ’55 David D. Caron ’83 Charles W. Froehlich, Jr. ’56 Lynn F. Kaufmann ’90 Pres Hotchkis ’56 Rosemarie Braz ’92 Gordon B. White ’56 Jeffrey E. Raigoza ’92 Spencer Pahlke received Fred W. Forgy, Jr. ’57 Todd A. Huge ’95 Stetson Law’s Edward D. Gerald R. Knecht ’57 JD Trow ’97 Ohlbaum Professionalism James E. Kleaver ’58 Renato J. Puga Garcia ’18 Edmund L. Regalia ’58 —— Award, which honors an out- Arthur L. Hillman, Jr. ’59 Grace Stribling Albritton standing trial team coach. A Robert M. Brown ’60 Margo H. Anderson Donald B. Day ’60 Jean Bailey shareholder at Walkup, James R. Jenner ’60 Gerson P. Bakar Melodia, Kelly and Donald P. Nemir ’60 Clifford A. Barbanell Schoenberger, Spencer Margot F. Plant ’60 Doris Goff Bergman Robert L. Compton ’61 Shirley Gibson Biggerstaff heads Berkeley Law’s trial 2009 Allen Martin Linden ’61 Lawrence H. Boyd, Jr. competitions program. Emily Garcia, an ERISA litiga- William L. Peck ’61 William L. Carlile, Jr. tion specialist, joined Michael E. Ballachey ’63 Fannie Chuck Chinn E. Jerald Haws ’63 Graeff Crystal David Sanker was promoted Trucker Huss in San James M. Orendorff ’63 Betty McLaughlin De Fea to partner at Morgan, Lewis Francisco. She has been a Roger T. Tammen ’63 Franklin K. Fitz & Bockius (Silicon Valley). co-editor of the ABA Annual Stanley A. Coolidge, Jr. ’64 Millicent D. Froehlich Paul M. Little ’64 Daniel L. Glaubiger Review of Developments in M. Rogue Hemley ’64 Edward C. Halbach, Jr. Bryant Yang of Irell & Business and Corporate Rita R. Haugner Philip V. Sarkisian ’64 Manella (Los Angeles) was Litigation since 2013. Gary S. Anderson ’65 Geoffrey C. Hazard, Jr. Beth Davis Karren ’66 Herma Hill Kay recognized by the ABA as a Frederick M. Pownall ’66 John T. Knox Top 40 young lawyer. Allison Wopschall was Christian E. Markey, Jr. Michael C. Scranton ’66 named a shareholder at George A. Cumming, Jr. ’67 Rosalie F. Maxeiner Mary V. McInerney Miller Starr Regalia, where William S. Mackay ’67 Carlisle M. Moore Dagmar C. Searle ’67 Jane D. Moorman 2008 she works on business dis- Barry C. Wood ’67 Norman M. Mundell Kathryn Hong has been pro- putes and negotiation. She Allan R. Earl ’68 John T. Racanelli moted to counsel at Ropes is also program chair of the Evelyn F. Rice ’68 Jerrold Schaefer William E. Beamer ’69 Monika Klingen Schey & Gray’s Silicon Valley office. Contra Costa County Bar Geoffrey P. Knudsen ’69 Charles B. Renfrew She works in IP litigation rep- Association’s Real Estate Michael H. Marcus ’69 Ronald D. Sarhad resenting clients in patent Section. Glenn C. Frese ’70 Joel Selbin Alan F. Greenwald ’70 Jana Smith matters across many Davidson Ream ’71 Charlotte Vondrak Sproul technologies. Meng Ding joined Kirkland & Steven A. Brick ’72 Edward Stern Jimmie Harris ’72 Shirley Van Bourg Ellis as a securities partner Dennis S. Karjala ’72 Margaret B. Vanderlaan Monique Liburd, trademark in its Hong Kong office. A Frederick Gitterman ’73 Robert G. Wilhelm counsel for Google Inc., native Chinese speaker with Timothy I. Molter ’73 Muriel F. Wilson helped secure a win at the a Ph.D. in physics, Meng had

42 TRANSCRIPT SPRING 2018 been an associate at Davis Josh Rosenfeld was named a trademark prosecution and commerce, and white-collar Polk, where he advised SEC- deputy district attorney in enforcement; Anahit repre- crime defense. regulated securities offers Humboldt County, assigned to sents companies and individ- and transactions. the Domestic Violence Unit. He uals in commercial litigation. had worked in the Mendocino 2013 Alyssa Lawson was featured County D.A.’s Office for more Holly Roberson joined Tom Chia was honored by in a Minnesota Lawyer “Up than five years. Kronick Moskovitz Intellectual Asset and Coming” profile. An Tiedemann & Girard’s envi- Management as one of associate at Robins Kaplan Neil Warren was elevated to ronmental and natural 2017’s top IP strategists. He in Minneapolis, she mostly partner at Fish & Richardson resources group after three is the director of patents represents “companies get- (Silicon Valley). His litigation years as land use counsel at and corporate development ting sued over patents that work focuses on client tech- the California Governor’s at Via Licensing, an indepen- probably shouldn’t have nologies relating to semicon- Office of Planning and dent subsidiary of U.S. audio been issued.” ductors, integrated circuits, Research. pioneer Dolby Laboratories. medical devices, and com- Michael Portnov was ele- puter software. vated to partner at Fish & 2012 Richardson (Silicon Valley). Ian Washburn was elected Chad Dorr joined Perry, He prepares and prosecutes partner at Irell & Manella in Johnson, Anderson, Miller & patent applications directed Los Angeles. He tackles IP Moskowitz’s business law, to computer-related and complex business litiga- real estate transactions, technologies. tion, as well as patent post- and estate-planning prac- grant proceedings. tices (Santa Rosa). Jason Romrell was promoted to partner at Candace Neal joined the Finnegan, Henderson, 2011 Real Estate Practice Group Bali Kumar was named land Farabow, Garrett & Dunner Chris Foster was promoted at Wendel Rosen Black & bank executive director for in Washington, D.C. He helps to partner at McDermott Will Dean in Oakland. She is a Wayne County (Michigan). companies navigate IP dis- & Emery’s Silicon Valley mentor for the Leadership He leads a staff of five putes and represents clients office. He represents man- Council for Legal Diversity, employees that manages a in litigation and appeals. agement in labor relations secretary for the Black fluid database of about and employment matters. Women Lawyers of Northern 1,700 properties. Greta Williams was named California, and board mem- partner at Gibson Dunn & David Kasher will join the ber for the Center for Youth Quyen Vo joined Bass, Berry Crutcher (Washington, D.C.) rabbinic team at IKAR, a pro- Development Through Law. & Sims’ Nashville office as in its Litigation, Labor & gressive spiritual commu- an associate specializing in Employment practice. nity in Los Angeles, in July. health care matters.

Lisa Poplawski was elected Lydia Anne Wright and 2010 shareholder at Lane Powell’s William Brock Most ’11 were Timothy Hughes, an interna- Portland office, where she married last summer on tional arbitration and public advises clients on mergers Marrowstone Island in international law specialist, and acquisitions, securities, Washington State. They live joined Herbert Smith corporate finance and gover- in New Orleans, where she is Freehills’ New York office nance, and aviation law an associate at Burns after three years in its Hong matters. Charest and he operates his Kong office. In between, he Oscar Sumar co-founded own practice. married his wife, Joanne, Seth Reagan and Anahit Sumar & Sanchez Abogados, and spent a year traveling in Samarjian were promoted to a new Peruvian firm special- Africa, New Zealand, and the counsel at Perkins Coie. Seth izing in IP, consumer law, 2014 Americas. works on copyright and data protection, barriers to François Joli-Coeur joined

TRANSCRIPT SPRING 2018 43 Class Notes

Borden Ladner Gervais (Montreal) in its privacy and RICHARD DOWDY ’17 data protection practice group. He previously worked for a media company, sup- CHASING HIS porting its marketing, technology, and operation AMERICAN departments with compliance issues and commercial DREAM agreements.

Growing up in Australia, Richard Dowdy 2015 had an abiding dream: to study at an Alexander Stern launched a American law school, pass the bar, and startup called Attorney IO, work at a “top” New York law firm. which offers an artificially Thanks to Berkeley Law’s LL.M. pro- intelligent legal research gram, he’s well on his way. service that takes in legal “Working in the U.S. without an LL.M. documents and suggests would be, at the very least, extremely dif- relevant additional cases. ficult,” says Dowdy, a litigation associate at the international firm of Paul, Weiss, Rifkind, Wharton & Garrison. The firm 2017 also has corporate and entertainment law practices. Timothy Hsieh is clerking for “People associate high academic standards with Berkeley Law,” Dowdy adds. “For me, U.S. District Court Judge wanting to work in the U.S., it was important to have the LL.M. in terms of credibility.” Michael Shipp (New Jersey), It’s not his only credential on the global stage. After earning an undergraduate degree and later this year will clerk for in law from the University of Canberra, Dowdy held posts with the Australian govern- U.S. Magistrate Judge Kandis ment—most recently as senior adviser to Tony Abbott, the nation’s Prime Minister from Westmore (Northern District 2013 to 2015. of California). Each court is In that role, Dowdy managed political fundraising campaigns on behalf of the prime among the most active federal minister, provided political strategy and campaign advice in key battleground areas, district courts for patent liti- and coordinated Abbott’s domestic and international travel. gation and tech law. Of assisting Abbott in various capacities since 2009, Dowdy says: “Working for Prime Minister Abbott was an amazing experience and a great privilege.” Seon Kang co-authored an Because of his American aspirations, Dowdy enrolled in Berkeley Law’s LL.M. tradi- article on the FCC’s net neu- tional track program. He says the courses he took last school year gave him a vital trality regulation. It argues foundation in American legal traditions. that changing policy to suit While he was drawn to the Bay Area for its beauty, restaurants, and lifestyle, the mer- an agency’s assessment of its of a Berkeley Law LL.M. are what cinched Dowdy’s decision. needing a new federal regu- “I like to be challenged, and the entire year was a wonderful experience being lation should be decided by exposed to academics who were leaders in their fields,” he says. “The ability to tailor my elected members of studies in the LL.M. was very appealing, and I had the opportunity to meet like-minded Congress, not unelected and ambitious colleagues.” bureaucrats. Dowdy counts several new lifelong friends from the experience, and appreciates that his classmates represented a mélange of ethnicities, backgrounds, religions, and politi- Adam Koshkin married cal persuasions. Rebecca Herm in August These days, his focus is a bit narrower. Dowdy has not yet been admitted to the New began a federal clerkship for York State Bar, but his admission interview and ceremony are scheduled for July. U.S. District Court Judge “I’m making the most of being here, and thoroughly enjoying the experience,” he says. Judith Levy (Eastern District —Andrew Faught of Michigan).

44 TRANSCRIPT SPRING 2018 POSTSCRIPT

More than 300 prospective students from the Class of 2021 took in the Berkeley Law experience for three days in March as part of Admitted Students Weekend. The annual event allowed admits to hear from and meet Dean Erwin Chemerinsky, learn about student- run journals and organizations, sit in on classes, and mingle with faculty, current students, and alumni. RACHEL DELETTO (5X) DELETTO RACHEL University of California, Berkeley NON-PROFIT Office of Communications ORGANIZATION U.S. POSTAGE Boalt Hall PAID Berkeley, CA 94720-7200 UNIVERSITY OF CALIFORNIA, BERKELEY