Transcript Magazine Fall 2021 Volume 57 Berkeley Law
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Transcript Magazine Fall 2021 Volume 57 Berkeley Law
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Table of Contents
Features
For the first time since March 2020, students, faculty, and staff convene at Berkeley Law eager to regain a sense of normalcy and determined to build community.
Bending the Arc of Justice
With rising public and political interest in reforming our criminal legal system, the law school’s wide-ranging efforts to help achieve fairness within it take on even more importance.
Column
Erwin Chemerinsky extends heartfelt appreciation to everyone who enabled Berkeley Law to flourish under stressful, unprecedented circumstances
Sections
Nuggets from the School Community;
A Degree in Resilience; Entertainment Law Hub; Extending a Legacy; Restoring the Promise of PACE; Standout Civil Rights Scholar; Enduring Impact; A Full Race and Law Plate; Back Where It Began; Debt Collection Expertise; A CLEE(N) Idea; National Patent Champs; Sensational Summer; Global Navigation; Generation Next; Hushed History; Taking the Reins; Corporate Law Star
Forefront
Leadership in Research, Service, & Education;
Talented Trio; Natural Home for Artificial Intelligence; Picked to Pioneer; Combating Antisemitism; Name Removed, History Remembered; Democracy Defenders
Fast Forward
Powerful Student Action Figures
Study Hall
Selected Faculty Scholarship
Advancement
Updates from Development & Alumni Relations
Class Notes
All in the Alumni Family
Table of Contents
Features
For the first time since March 2020, students, faculty, and staff convene at Berkeley Law eager to regain a sense of normalcy and determined to build community.
Bending the Arc of Justice
With rising public and political interest in reforming our criminal legal system, the law school’s wide-ranging efforts to help achieve fairness within it take on even more importance.
Column
Erwin Chemerinsky extends heartfelt appreciation to everyone who enabled Berkeley Law to flourish under stressful, unprecedented circumstances
Sections
Nuggets from the School Community;
A Degree in Resilience; Entertainment Law Hub; Extending a Legacy; Restoring the Promise of PACE; Standout Civil Rights Scholar; Enduring Impact; A Full Race and Law Plate; Back Where It Began; Debt Collection Expertise; A CLEE(N) Idea; National Patent Champs; Sensational Summer; Global Navigation; Generation Next; Hushed History; Taking the Reins; Corporate Law Star
Forefront
Leadership in Research, Service, & Education;
Talented Trio; Natural Home for Artificial Intelligence; Picked to Pioneer; Combating Antisemitism; Name Removed, History Remembered; Democracy Defenders
Fast Forward
Powerful Student Action Figures
Study Hall
Selected Faculty Scholarship
Advancement
Updates from Development & Alumni Relations
Class Notes
All in the Alumni Family
Grateful, Inspired, Steadfast
The faculty did a masterful job of adapting to a new form of teaching. The median score for student evaluations in the spring semester was notably higher than it had been in recent years. This, of course, does not mean that online teaching is the same as or better than in-person teaching. Rather, it reflects the enormous patience and understanding of our students in adapting to online education.
Berkeley Law continued to advance its public mission in countless ways. Our students did prodigious amounts of pro bono work. Our clinics provided effective representation, including to those adversely affected by the COVID-19 pandemic. Despite all of the difficulties, our faculty continued to produce important scholarship in their books, articles, and essays [see Study Hall].
All of this was facilitated, as always, by a terrific staff. They are one of the Law School’s greatest strengths.
A Degree in Resilience
While many Berkeley Law classes have dealt with daunting challenges, it’s hard to imagine any facing more simultaneous stressors than the Class of 2021.
Even so, this year’s graduates displayed remarkable tenacity, resilience, and compassion while pursuing their degree, advocating for clients and causes, supporting their classmates, and overcoming obstacles.
When the pandemic forced them to shelter in place and take classes online, they forged a sense of strong community in creative ways, from virtual cooking and craft circles to trivia nights and talent shows. And while it’s not the law school experience they envisioned, they still created foundational friendships, gained lifelong lessons, and inspired faculty and staff.
Amid the turbulence, graduates such as former Student Association of Berkeley Law Co-President Linda Blair found strength in their classmates.
“The community building at Berkeley Law is unmatched; there really is a place for everyone because Berkeley attracts people who care about one another and are willing to go above and beyond to be supportive,” she says. “This community has made me more open and inviting of people from all walks of life, and it has been the most meaningful part of my experience here.” —Andrew Cohen
Back Where It Began
“When I entered the courtroom as a public defender in Colorado, I immediately noticed how those experiences made me a better advocate on day one,” she says.
That passion never waned. In January, Winters returned to Berkeley Law as its director of advocacy competitions. She oversees the school’s four internal competitions, and teaches two sections of Advanced Legal Writing with a criminal law emphasis.
Able to host each internal competition last school year using virtual platforms like Zoom, Winters says, “We look forward to hopefully resuming these events in person this year.”
Berkeley Law has enjoyed great success in recent competitions, and continues to grow its number of student participants and volunteer coaches — many of whom are alumni.
“I’m excited about the chance to work with students inside and outside the classroom as they develop their voices as advocates,” Winters says. —Andrew Cohen
Restoring the Promise of PACE
Now, its recommendations are shaping a reform battle in Sacramento with nationwide ripple effects.
Property Assessed Clean Energy (PACE) lets homeowners pay for energy improvements without a bank loan or a down payment. Instead, the projects are financed by bonds, and repaid through a lien that appears on the owner’s property tax bill. The California Legislature created PACE to make energy upgrades easier, serving the state’s goal of fighting climate change.
But PACE hasn’t lived up to its promise due to fundamental flaws in the program’s setup, says clinic Director Claudia Polsky ’96. There’s no requirement for contractors to ensure that a recommended upgrade would actually be cost-effective for the homeowner, and no mandate that the completed work be inspected before the contractor is paid and the tax lien added to the property.
Those flaws, according to the report, have left some low-income homeowners with expensive improvements they didn’t really need, shoddily installed products, unfinished projects — or all three. Lawmakers, including State Sen. Dave Min and Assembly Member Sharon Quirk-Silva, are moving to make the report’s suggested changes.
“It’s not that the concept is wrong, it’s that the implementation — which has been largely by for-profit companies — was almost wholly unregulated,” Polsky says. “The consequences have been catastrophic, and the ultimate consequence can be homelessness.”
—Gwyneth K. Shaw
Hushed History
For decades, Eric Stover has investigated war crimes and atrocities in foreign countries. But co-producing a documentary about the 1921 Tulsa Race Massacre hit home for the longtime faculty director of Berkeley Law’s Human Rights Center.
“Tulsa: The Fire and the Forgotten” premiered May 31 on PBS. It commemorates the centennial of a white mob’s three-day rampage in a thriving area known as Black Wall Street that burned down nearly 40 blocks of businesses and homes, left over 8,000 people homeless, and killed at least 100.
Local police helped arm the mob and deputized some members. Many Black residents were held in internment camps and could leave only if their white employer came to release them. The dead were buried in unmarked graves. No white person was ever implicated.
“For the privileged whites, it was simply ‘We need to keep this quiet because we’re a prosperous oil capital,’” Stover says. “In the Black community, many feared talking about it and passing on the pain to their children. So a hushed history descended.”
In 2018, director Jonathan Silvers — who had worked with Stover before — called about a documentary. They approached Washington Post reporter DeNeen Brown, whose front-page story described the massacre and efforts to submerge it, prompting Tulsa’s mayor to reopen the investigation and create the 1921 Race Massacre Burial Sites Oversight Committee.
Stover interviewed activists, anthropologists, and others in Oklahoma who are striving to find mass graves and publicize what happened. Supervised by Human Rights Center Associate Director Andrea Lampros, students in the center’s Investigations Lab fact-checked the film at PBS’s request.
“The main theme we’re trying to bring out in the documentary is that you have to live with history, face it, and understand that violence is passed down from generation to generation,” Stover says. —Andrew Cohen
Gina Logan Photography
Taking the Reins
If Wayne Stacy feels any pressure leading the center that drives the nation’s top-ranked intellectual property law program, you’d never know.
“Maintaining rankings and stature aren’t the motivation,” says Stacy, the Berkeley Center for Law & Technology’s new executive director. “The motivation comes from our ability to help the legal community adapt to changing technologies and changing laws. I recognize the impact BCLT has had over the past 25 years. By doing our job well, we will remain No. 1.”
Stacy, who started in May, had been a U.S. Patent and Trademark Office regional director and a partner at Baker Botts (chairing its intellectual property department) and Cooley LLP while teaching at four law schools, including Berkeley.
“As a law firm attorney, I had the opportunity to be part of several BCLT events and was always impressed,” says Stacy, now building the center’s new Project on Law and Innovation in the Life Sciences and inviting more mid-level attorneys to work with BCLT. “This position provides the opportunity to be on the front lines of identifying and solving the emerging legal issues facing tech companies.”
Stacy replaces James Dempsey, who expanded Berkeley Law’s Asia IP & Technology Law Project and tech-law curriculum during his 6½ years. Dempsey will continue teaching cybersecurity law in the LL.M. Program and his new book, Cybersecurity Law Fundamentals, was published during the summer.
“Berkeley really does have the nation’s best law and technology program,” Dempsey says. “BCLT’s 17 faculty directors represent an unmatched depth. My last and possibly greatest achievement is handing BCLT over to Wayne Stacy. He has so many ideas and so much energy for preserving our successful model while expanding it on multiple vectors.” —Andrew Cohen
Talented Trio
Jennifer Chacón, Jonathan Glater, and Osagie K. Obasogie extend streak of star faculty hires
For new professors Jennifer Chacón, Jonathan Glater, and Osagie K. Obasogie, the appeal of joining Berkeley Law’s exceptional faculty was undeniable.
Chacón says she relishes the chance to collaborate with many new colleagues who are leaders in her main fields of interest (constitutional law, immigration law, and criminal law and procedure). She looks forward to working with the school’s Thelton E. Henderson Center for Social Justice, where she has been a visiting scholar, its Center for the Study of Law and Society (CSLS), and the university’s Berkeley Interdisciplinary Migration Initiative.
Natural Home for Artificial Intelligence
Like all merger and acquisition lawyers, Wei Chen spent years on due diligence patrol — mining thousands of contract pages to find the few clauses needed for legal analysis.
“The process hasn’t evolved since I started practicing more than 20 years ago: It’s time-consuming, mind-numbing, and prone to errors,” she laments.
With the success of artificial intelligence (AI), she asked herself: “If my iPhone can find cat pictures from my photo albums, why can’t AI find the most favored nation or exclusivity clauses in my piles of contracts?”
Picked to Pioneer
Faculty member Jennifer Urban ’00 leads new California Privacy Protection Agency
“Jennifer’s expertise in data privacy and her personal integrity make her the ideal choice,” explains Catherine Crump, director of the school’s Samuelson Law, Technology & Public Policy Clinic, where Urban is the director of policy initiatives.
Clinic Associate Director Erik Stallman ’03 calls Urban “a perfect fit,” noting that she is “frequently among the first to identify and study privacy, security, and intellectual property issues raised by emerging technologies.”
Combating Antisemitism
An education program aiming to stamp out antisemitism at UC Berkeley is finding a national audience, with help from a grant and a video that puts a complex history into simpler terms.
“UC Berkeley is rightly celebrated for its history of free expression and for being an inclusive community,” says Berkeley Law Professor Steven Davidoff Solomon, who started the Antisemitism Education Initiative in 2019 with History Professor Ethan Katz and Berkeley Hillel Executive Director Adam Naftalin-Kelman. “I really wanted to make sure that when we consider questions of racial justice, antisemitism is a part of that discussion.”
Name Removed,
History Remembered
Unnaming Boalt Hall highlights the value of process and community
Boalt’s virulent anti-Asian racism fueled existing national prejudice against Chinese immigrants. He also made isolated racist remarks about Africans brought to the United States as slaves and about Native Americans.
Democracy Defenders
Now, as co-founder and CEO of the States United Democracy Center in Washington, D.C., Lydgate guides its work to advance free, fair, and secure elections. The nonpartisan center helps connect state officials, law enforcement leaders, and pro-democracy partners across America with tools and expertise to protect the vote, hold democracy violators accountable, and prevent political violence.
Side by Side
Side by Side
Bending the Arc of Justice
Bending the Arc of Justice
tretching back decades, Berkeley Law has been a leading academic driver of multifaceted efforts to make the American criminal justice system more fair.
With public and political interest seemingly at a high water mark, the school’s faculty and students are seizing the opportunity — with pathbreaking scholarship, policy advocacy, and hands-on work.
“Today is perhaps the most exciting era ever for rethinking criminal law and our punitive state at Berkeley Law,” says Professor Jonathan Simon — also an alumnus — who trained under early reform advocates Sanford Kadish, Caleb Foote, and Jerome Skolnick while in law school and as a Ph.D. student in the school’s Jurisprudence and Social Policy (JSP) Program.
“The last time American society was questioning our punitive state as radically as is happening today was in 1968,” he says. “Then, as now, there were calls to reinvent policing to eliminate racism and dramatically reduce reliance on incarceration in favor of greater efforts to reintegrate people caught up in criminal conduct. Within five years, however, the reform movement was largely crushed and the country on a path toward mass incarceration.
“The odds are better now that we will end up with reforms, and possibly profound ones.”
Connecting the Dots, Exposing the Truth
Connecting the Dots, Exposing the Truth
The Right Home Away From Home
The Right Home Away From Home
Nurturing the Native Legal Community
After a slew of meetings (including with Dean of Admissions and Financial Aid Kristin Theis-Alvarez, Professor Seth Davis, and two then-students of Native descent), Kewenvoyouma, who grew up in Arizona and is Hopi and Navajo, was hooked.
“After witnessing the amazing work they had done to build a Native community, I knew I wanted to be a part of it,” she says.
Nurturing the Native Legal Community
After a slew of meetings (including with Dean of Admissions and Financial Aid Kristin Theis-Alvarez, Professor Seth Davis, and two then-students of Native descent), Kewenvoyouma, who grew up in Arizona and is Hopi and Navajo, was hooked.
“After witnessing the amazing work they had done to build a Native community, I knew I wanted to be a part of it,” she says.
Study Hall
Princeton University Press
Law and Society Association Article Prize
Law & Social Inquiry
American Economics Association Distinguished Fellow Award
Above and Beyond
“Berkeley Law alums were always so generous with their time,” Chen says. “I found it so helpful to talk to someone who was further down the line, to ask them, ‘What are the steps I need to do?’ and hear how it was working for them.”
Chen, now an Assistant U.S. Attorney in Los Angeles, wants to return the favor. So during admission season, she volunteers with the Admissions Advisors program to chat with prospective students — and contacted an astonishing 26 admits last cycle.
She also counsels 2Ls through the Public Interest/Public Service mentoring program, helping them navigate the process of finding a job for their last summer in law school.
Welcoming the New Crew
Jami Floyd ’89
Senior Editor for Race & Justice, New York Public Radio
Closing the Gap
That mindset recently spurred Liburd to join the Leadership Council, a community of alumni whose financial support helps Berkeley Law educate the most promising, diverse group of law students, recruit and retain top faculty, and advance its public mission. Members make five-year gift commitments of at least $5,000 annually to one or more of the school’s operating funds.
A Fitting Bequest Environment
“One day I was staring up at some smokestacks, and I decided maybe a law degree and a focus on environmental law would be a better way to make an impact,” Klee says.
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Parting Shot
Throughout the pandemic, Berkeley Law has helped bring community together with a robust slate of stimulating virtual programs. Here are just a few offerings you can join:
BCLT’s Expert Series Podcast
Berkeley Law Conversations
CSLS Speaker Series
Leadership Lunch Series
Fall 2021, Volume 57
Executive Director, Communications
Alex A.G. Shapiro
Managing Editor & Senior Writer, Communications
Andrew Cohen
Creative Direction
Laurie Frasier
Original Design & Layout
Arnaud Ghelfi, l’atelier starno
Contributing Photographers
Jim Block
Rachel DeLetto
Laurie Frasier
Brittany Hosea-Small
Darius Riley
Contributing Writers
Gwyneth K. Shaw
Sarah Weld
Contributing Artists
Arline Meyer
Ryan Olbrysh
Judith Rudd
Ariel Sinha
Email: updates@law.berkeley.edu
Phone: 510.642.1832
U.S. Mail: University of California, Berkeley, School of Law
Development & Alumni Relations
224 Law Building
Berkeley, CA 94720-7200
Visit www.law.berkeley.edu
Twitter: @BerkeleyLaw
Instagram: @BerkeleyLaw
Facebook: UCBerkeleyLaw
Transcript is published by the University of California, Berkeley, School of Law Communications Department.