RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS€¦ · RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS | 3 newspapers across the country. He frequently argues appellate cases, including

RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS | iii

RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS

2017

iv | UNIVERSITY OF CALIFORNIA, BERKELEY SCHOOL OF LAW

2017 FACULTY BOOK | 1

On July 1, I became the 13th dean of Berkeley Law, and I am enormously excited to be here. In my first few months, I have gained an even greater appreciation for all that makes this such a special place.

The quality of any educational institution is a product of its faculty, staff, students, and programs. All are outstanding at

Berkeley Law, and I wanted in this booklet to provide you a sense of what makes this such a thrilling time for the law school.

The faculty is superb, and as you’ll see in these pages, they are highly prolific and engaged in path-breaking scholarship across countless disciplines. Once more, U.S. News and World Report ranked Berkeley Law’s intellectual property program first among all in the country. A recent study ranked Berkeley Law third in business law. The programs in environmental law and international human rights–with faculty, a clinic, and a center in each area–are terrific. No law school in the nation has a greater commitment to public service.

Also, as featured in these pages, the law school is engaged in adding wonderful new colleagues to our faculty. Six new faculty members joined the law school this year: Abbye Atkinson (who was a fellow at Stanford Law School and specializes in consumer law), Adam Badawi (who was a professor at Washington University and specializes in corporate and business law), Catherine Fisk (who was a professor at University of California, Irvine and specializes in labor an employment law), Joy Milligan (who was a fellow at Berkeley Law and specializes in administrative law), Frank Partnoy (who was a professor at University of San Diego and specializes in corporate and business law), and myself. We have eight additional faculty slots to fill this year, allowing us to enhance an already terrific faculty.

I am stunned by the vast array of outstanding programs, clinics, and centers at Berkeley Law. Just since I have arrived, the clinics have had important successes in the courts and in the California legislature. The centers hold great events almost every day. And new programs are constantly being created.

I am tremendously proud to be part of Berkeley Law and to lead it into this exciting new era. I hope you will enjoy this booklet, which provides just a glimpse of the many great things about this law school.

Warm regards,

Erwin Chemerinsky

LETTER FROM DEAN ERWIN CHEMERINSKY

2 | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

Abbye AtkinsonAtkinson’s new gig represents a homecoming of sorts. A Stanford Law School fellow and lecturer, she earned her undergraduate degree in Dramatic Arts at UC Berkeley—where she was a Regent’s Scholar and received the Mark Goodson Prize for distinction in the performance arts.

At Harvard Law School, she was a research assistant to Professor Elizabeth Warren, now a U.S. senator, on a consumer bankruptcy project, and a teaching assistant in her Bankruptcy Law course.

“She was a master teacher who always encouraged me to think about the law’s real-life implications,” Atkinson said. “That’s been a huge influence in how I’ve approached my scholarship.”

Atkinson has enjoyed a rewarding and varied career, working as a special-education teacher, a clerk for two federal judges, and an associate with Gibson Dunn & Crutcher in San Francisco. At Stanford, her research probed bankruptcy law’s impact on the economically vulnerable.

“Bankruptcy Law concerns itself with helping people who are in a precarious financial position rebuild themselves,” she said. “We often think about that in a middle- or upper-class context. But if bankruptcy is an important mechanism to let people reboot financially, why does it exclude people on the lower end of the socio-economic spectrum—people whose financial troubles are often borne of bigger social issues?”

Atkinson, who will teach Contracts and consumer law courses, also looks forward to joining Berkeley Law’s growing group of scholars and students working on consumer justice issues. “It’ll be great to get involved in that community,” she said.

Adam Badawi ’03 While he enjoyed his two years as a University of Chicago law fellow and lecturer and seven years as a professor at Washington University of St. Louis, Badawi—who earned three degrees from UC Berkeley—relished a chance to come back.

“There’s nowhere like it,” he said. The prospect of joining the business law

program, which he says is “influential, energetic, and thinks about research and teaching in innovative ways,” made returning to his alma mater “an easy decision.”

Badawi clerked on the U.S. Tenth Circuit Court of Appeals and practiced at Munger, Tolles & Olson before entering academia. His research focuses on shareholder litigation, how boards operate, and the interplay between debt contracts and corporate governance. A current project explores the influence lawyers and law firms have on the public disclosures they help draft for clients.

“What draws me to business-related research is the importance that effective corporate governance has for producing growth and em-ployment in our economy,” said Badawi, who will teach Contracts and business law courses. “It helps that there are massive amounts of data available on how firms and corporate governance interact.”

Currently co-writing a Business Associations casebook, Badawi wants his students “to think about how lawyers can improve deals rather than just win the litigation that results when those deals turn problematic. I know the Berkeley student body’s love of intellectual engagement and commitment to its ideals will never go away. That makes for a dynamic classroom and I can’t wait to be a part of it.”

Erwin ChemerinskyChemerinsky joined the faculty as the Jesse H. Choper Distinguished Professor of Law when became the 13th Dean of Berkeley Law on July 1, 2017.

From 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School

of Law, with a joint appointment in Political Science. Before that he was a professor of law and political science at Duke University, and a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science.

He also has taught at DePaul College of Law and UCLA Law School. He teaches Constitutional Law, First Amendment Law, Federal Courts, Criminal Procedure, and Appellate Litigation.

He is the author of ten books, including The Case Against the Supreme Court, published by Viking in 2014, and two books published by Yale University Press in 2017, Closing the Courthouse Doors, How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman). He also is the author of more than 200 law review articles.

He writes a weekly column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in

Incoming Faculty Cite New Berkeley Law Colleagues as Powerful DrawBY ANDREW COHEN

For Abbye Atkinson, Adam Badawi ’03, Erwin Chemerinsky, Catherine Fisk, Joy Milligan, and Frank Partnoy, their lofty opinion of Berkeley Law’s faculty sparked a powerful incentive to join it.

Atkinson called her new cohort “unmatched in its intellectual depth and range.” Badawi said “the faculty was a huge part of what drew me back to Berkeley.” Milligan noted that “there’s no law school faculty I admire more.” Partnoy called the business law faculty “among the very best in the country.”

Atkinson, Badawi, Chemerinsky, Fisk, and Milligan began their positions this year, Chemerinsky also taking on the role of dean. Partnoy will join the faculty in 2018.

NEW FACULTY

RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS | 3

newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court. In 2016, he was named a fellow of the American Academy of Arts and Sciences.

In January 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.

Catherine Fisk Fisk joins the Berkeley Law faculty as the Barbara Nachtrieb Armstrong Professor of Law. She was Chancellor’s Professor of Law and a member of the founding faculty of the University of California, Irvine Law School. Fisk was a law professor at Duke University from 2004 to 2008, and before that, she was a professor at the University of Southern

California Law School and Loyola Law School of Los Angeles. She regularly teaches Labor Law, Employment Law, and

Employment Discrimination, along with Civil Procedure, First Amendment, and Legal Profession.

“One of the reasons I came to Berkeley as a student and one of the reasons I came back as a faculty member is because of a longstanding commitment to scholarly rigor that is also policy relevant,’’ Fisk said. “To use law in a way to advance the cause of social justice broadly defined. So in my field, some of my recent work is, even when it’s historical, explicitly about social problems that I think could be addressed by changes in the law.”

Fisk is the author of five books and scores of articles. Her recent books include Writing for Hire: Unions, Hollywood, and Madison Ave-nue, and two casebooks: Labor Law in the Contemporary Workplace and The Legal Profession. She is also the author of Working Knowl-edge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930, which won two book prizes of the American Historical Association and the American Society for Legal History.

Her recent articles cover a wide range of subjects including police unions, the history and current experiences of unionized writers in the entertainment industry, labor protest and the First Amendment, the governance of worker center and labor unions, class action employ-ment claims, and the theory and methods of sociolegal history. Her current book project, a legal history of lawyers for the labor move-ment in the mid-twentieth century, examines the challenges faced by lawyers and labor unions as the courts and Congress steadily increased restrictions on labor protest between 1940 and 1990.

In addition to teaching and writing, Fisk works with students on pro bono litigation, principally writing briefs in federal and state ap-pellate courts on labor issues. She also supervised students in labor practicum projects doing legislative and policy advocacy focused on wage theft and other issues confronting low wage workers.

After graduating from law school at UC Berkeley, Fisk clerked on the United States Court of Appeals for Judge William Norris and then practiced law at a labor and civil litigation boutique in Washington, D.C. and at the appellate section of the Civil Division of the U.S. Department of Justice.

Joy Milligan The more Milligan interacted with Berkeley Law’s faculty, the more she wanted to join it. “The depth and diversity of their work is truly world-class,” she said.

Her research considers the impact of American law and political institutions on entrenched inequality, specifically how the civil rights

movement links with the administrative state’s institutional design. One recent project compared the trajectories of racial and religious discrimination in the Supreme Court’s constitutional jurisprudence.

“The fundamental question in civil rights law is why do we still see so much entrenched inequality— particularly racial inequality after the ‘Civil Rights Revolution?’” Milligan said. “Why has law not been more effective in bridging this gap? That issue underlies my research.”

Milligan has worked for the NAACP’s Legal Defense & Educational Fund and clerked on the U.S. Ninth Circuit Court of Appeals.

Looking ahead to teaching Civil Procedure and a survey course in antidiscrimination law, she values a pragmatic approach. “In Civil Procedure,’’ Milligan said. “I want students to learn the key practical tools and know how to use them, because I’ve seen firsthand how procedure impacts the fate of cases.”

Frank PartnoyPartnoy, who has taught at the University of San Diego (USD) School of Law for 20 years, is plenty familiar with the business law group he will join next year. He and Professor Steven Davidoff Solomon recently published a piece in The Atlantic about their unique adventure as shareholder activists.

“Very few law schools offer the sheer number of business courses or substantive opportunities to interface with the business community,” Partnoy said. “The business law group is energetic, accomplished, and running on all cylinders,”

Partnoy worked as a derivatives structurer at Morgan Stanley and two years as a lawyer at Covington & Burling. He studies financial markets and fraud.

One area of focus has been credit rating agencies, which he said “were at the center of the 2008 financial crisis and continue to pose all kinds of significant problems.” Partnoy has testified before Congress on credit rating agencies and some of his proposals were included in the Dodd-Frank Act of 2010. Since then, however, he has seen a lack of oversight and enforcement despite reports of various violations.

The director of USD’s Center for Corporate and Securities Law, Partnoy has authored six books, including textbooks. He incorporates technology in his teaching and strives to connect business and law in meaningful ways. “My courses are partly vocabulary courses,” he said. “This is a new language for some students, and I want them to become as fluent as possible in the language of business and the nuances of the markets.”


KENNETH BAMBERGER AND DEIRDRE MULLIGANPrivacy on the Ground: Driving Corporate Behavior in the United States and EuropeMIT PRESS, 2015

This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation had the strongest corporate privacy management

practices, despite very different cultural and legal environments. The more rule-bound countries trended instead toward compliance processes, not embedded privacy practices.

DAVID D. CARON (EDITOR WITH WITH STEPHAN SCHILL, ABBY COHEN SMUTNY & EPAMINONTAS TRIANTAFILOU)Practicing Virtue: Inside International Arbitration OXFORD UNIVERSITY PRESS, 2016

This book looks at international arbitration from the ‘inside,’ with an emphasis on its transnational character. Instead of concentrating on the national and international law governing international arbitration, it focuses on those who practice international arbitration, in order to understand how it actually works, what its sources of authority are,

and what demands of legitimacy it must meet.

ERWIN CHEMERINSKYFree Speech on Campus YALE UNIVERSITY PRESS, 2017

Hardly a week goes by without another controversy over free speech on college campuses. In this clear and carefully reasoned book, Chemerinsky and Howard Gillman argue that campuses must provide supportive learning environments for an increasingly diverse student body, but can never restrict the expression of ideas. This book provides

the background necessary to understanding the importance of free speech on campus and offers prescriptions for what colleges can and can’t do when dealing with free speech controversies.

ERWIN CHEMERINSKYClosing the Courthouse Door: How Your Constitutional Rights Became Unenforceable YALE UNIVERSITY PRESS, 2017

On matters of access to courts, the Supreme Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights. Chemerinsky shows the effect of these decisions: taken together, they add up to a growing limitation on citizens’ ability to defend their rights under the Constitution.

Chemerinsky argues that enforcing the Constitution should be the federal courts’ primary purpose, and they should not be barred from considering any constitutional question.

MEIR DAN-COHENRights, Persons, and Organizations: A Legal Theory for Bureaucratic Society (2nd edition)QUID PRO BOOKS, 2016

Corporations have legal rights, and so do many other large-scale organizations. But what does it mean to ascribe rights and “personhood” to such entities, and what is the rationale for doing so? Rights, Persons, and Organizations: A Legal Theory for Bureaucratic Society remains an essential part of any analysis of organizations and their place in the state, fair dispute

processing, and real people’s rights.

MEIR DAN-COHENNormative Subjects: Self and Collectively in Morality and LawOXFORD UNIVERSITY PRESS, 2016

Normative Subjects alludes to the fields of morality and law, as well as to the entities, self and collectivity, addressed by these clusters of norms. The book explores connections between the two. The conception of self that informs this book is the joint product of two multifaceted philosophical strands, the constructivist and the hermeneutical.

Berkeley Law faculty and emeriti are prolific authors and editors. Here is a sampling of their many recent books.

RECENTLY PUBLISHED


JAMES X. DEMPSEY (CO-EDITOR WITH FRED CATE)Bulk Collection: Systematic Government Access to Private Sector Data OXFORD UNIVERSITY PRESS, 2017

Fred Cate and Jim Dempsey examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Their initial research finds that these data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from

oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access.

HOLLY DOREMUS (CO-EDITOR WITH STEVEN R. BEISSINGER, DAVID D. ACKERLY, AND GARY E. MACHLIS)Science, Conservation, and National Parks UNIVERSITY OF CHICAGO PRESS, 2017

Parks and protected areas worldwide are under increasing threat from storms and fires of greater severity, plant and animal extinctions, the changing attitudes of a more urbanized public, and special interest groups. This book gathers a group of scholars to address these problems and, in so doing, to secure a future for protected areas that will push forward the

frontiers of biological, physical, and social science in and for parks.

LAUREN B. EDELMANWorking Law: Courts, Corporations, and Symbolic Civil RightsTHE UNIVERSITY OF CHICAGO PRESS, 2016

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that

discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?

DANIEL FARBER (CO-EDITOR WITH MARJAN PEETERS)Climate Change LawEDWARD ELGAR PUBLISHING, 2016

Climate Change Law provides a guide to the rapidly evolving body of legal scholarship relating to climate change. This book focuses on concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. It provides a comprehensive discussion, with more than 50 structured entries developed by experts

from across the world.

SEAN FARHANG (CO-AUTHOR WITH PROFESSOR STEPHEN BURBANK)Rights and Retrenchment: The Counterrevolution Against Federal LitigationCAMBRIDGE UNIVERSITY PRESS, APRIL 2017

Farhang and Burbank contribute to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. The pair discover that, although the counterrevolution largely failed in more democratic lawmaking sites, an increasingly conservative and ideologically polarized Supreme

Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

CATHERINE L FISKWriting for Hire: Unions, Hollywood, and Madison AvenueHARVARD UNIVERSITY PRESS, 2016

Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Fisk traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Fisk examines why strikingly different norms of attribution emerged in

these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.

KINCH HOEKSTRA (CO-EDITOR WITH AL MARTINICH)The Oxford Handbook of Hobbes OXFORD UNIVERSITY PRESS, 2016

This book consists of twenty-six original chapters by a group of distinguished philosophers, political theorists, historians, and literary scholars from North America and Europe. All the contributors have made substantial contributions to Hobbes scholarship. The book is divided into five parts: Logic and Natural Philosophy; Human Nature and Moral Philosophy;

Political Philosophy; Religion; and History, Poetry, and Paradox. The goal of each chapter is to advance the understanding of Hobbes’s thought.

CHRIS JAY HOOFNAGLEFederal Trade Commission Privacy Law and PolicyCAMBRIDGE UNIVERSITY PRESS, 2016

The Federal Trade Commission has evolved into the most important regulator of information privacy—and thus innovation policy—in the world. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. Hoofnagle redresses this confusion by explaining how the FTC arrived at its current

position of power.


CHRISTOPHER KUTZOn War and DemocracyPRINCETON UNIVERSITY PRESS, 2016

Kutz provides a richly nuanced examination of the moral justifications democracies often invoke to wage war. He argues that democratic principles can be both fertile and toxic ground for the project of limiting war’s violence. Only by learning to view war as limited by our democratic values—rather than as a tool for promoting them—can we hope to arrest

the slide toward the borderless, seemingly endless democratic “holy wars” and campaigns of remote killings we are witnessing today, and to stop permanently the use of torture and secret law.

ERIC RAKOWSKI (EDITOR)The Trolley Problem MysteriesOXFORD UNIVERSITY PRESS

A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy—The Trolley Problem—by one of the most influential moral philosophers alive today, F.M. Kamm. spacing text here for ilsadjfdsjjfsdjf sldjfsdlfjsdfljsdlfjsdfljsdfl jsdfljsdfljfds dfjd fdlsjf fdjklsdf fsdlkjflsdjflsdkjf

HARRY SCHEIBER (WITH CO-AUTHOR JANE SCHEIBER)Bayonets in Paradise: Martial Law in Hawai’i during World War IIUNIVERSITY OF HAWAI’I PRESS, 2016

Scheiber recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II, immediately after the Pearl Harbor attack. Based largely on archival sources, this study places the long-neglected and largely unknown history of martial law in Hawai’i in the larger context of

America’s ongoing struggle between emergency powers and the defense of constitutional liberties.

HARRY SCHEIBER (EDITOR)Constitutional Governance and Judicial Power: The History of the Supreme CourtBERKELEY PUBLIC POLICY PRESS, 2016

Constitutional Governance and Judicial Power tells the story of the Court, from its founding at the dawn of statehood to modern-day rulings on issues such as technology, privacy, and immigrant rights. In this comprehensive history, we see the Court’s pioneering rulings on the status of women, constitutional guarantees regarding law

enforcement, the environment, civil rights and desegregation, affirmative action, and tort liability law reform.

HARRY SCHEIBER Science, Technology, and New Challenges in Ocean Law (co-editor with James Kraska and Moon-Sang Kwon)MARTINUS NIJHOFF, 2015

This book offers fresh perspectives on a set of vital issues in the field of ocean law and policy. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for

sustainability and equitability.

ERIC STOVER AND ALEXA KOENIG (CO-AUTHORS WITH VICTOR PESKIN)Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on TerrorUC PRESS, 2016

Stover and Koenig tell the story of the global effort to apprehend the world’s most wanted fugitives. Beginning with the flight of Nazi war criminals and their collaborators after World War II, and ending with America’s pursuit of suspected terrorists post-9/11, the book explores the range of diplomatic and military strategies adopted to

pursue and capture war crimes suspects.

KAREN TANIStates of Dependency: Welfare, Rights, and American Governance, 1935-1972CAMBRIDGE UNIVERSITY PRESS, 2016

States of Dependency traces New Deal welfare programs over the span of four decades, asking what happened as money, expertise and ideas travelled from a federal administrative epicenter i n Washington, D.C., through state and local bureaucracies, and into diverse and divided communities.

CHRISTOPHER TOMLINS (EDITOR, WITH JUSTIN DESAUTELS-STEIN) Searching for Contemporary Legal Thought CAMBRIDGE UNIVERSITY PRESS, 2017

For more than a century, law schools have trained students to “think like a lawyer.” In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars examine what is distinctive about legal thought. ADD one line of text here.

RECENTLY PUBLISHED


AMANDA TYLERHabeas Corpus in Wartime: From the Tower of London to Guantanamo Bay OXFORD UNIVERSITY PRESS, 2017

Tyler unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States

Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

JOHN YOO (CO-EDITOR WITH DEAN REUTER)Liberty’s Nemesis: The Unchecked Expansion of the State ENCOUNTER BOOKS, 2016

Liberty’s Nemesis explores the expanding administrative state and the unchecked growth of power in government agencies ranging from healthcare to climate change, financial markets to immigration, and more. It argues that the concentration of power in administrative agencies is the greatest—and most overlooked—threat to

our liberties today.

JOHN YOO (WITH CO-AUTHOR JEREMY RABKIN)Striking Power: How Cyber, Robots, and SpaceWeapons Change the Rules for War ENCOUNTER BOOKS, 2017

Threats to international peace and security include the proliferation of weapons of mass destructions, rogue nations, and international terrorism. Yoo and Rabkin argue that the United States should respond to these challenges to national security and world stability by embracing new military technologies such as drones, autonomous robots, and cyber weapons.

FRANKLIN E. ZIMRINGWhen Police KillHARVARD UNIVERSITY PRESS, 2017

Zimring analyzes the use of lethal force by police in the United States and how its death toll can be reduced. He compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force.

FRANKLIN ZIMRING (CO-EDITOR WITH MAXIMO LANGER AND DAVID TANENHAUS)Juvenile Justice in Global PerspectiveNYU PRESS, 2015

Zimring fills a gap in the study of juvenile justice by comparing criminal justice and juvenile justice systems across the world, looking for points of comparison and policy variance that can lead to positive change in the United States.

OTHER TITLES

ROBERT C. BERRING, AND MICHAEL LEVYThe Legal Research Survival Manual with Video Modules, 2nd ed. WEST ACADEMIC PUBLISHING, 2017

ANDREW BRADT, STEPHEN BUNDY AND WILLIAM FLETCHER (WITH GEOFFREY HAZARD)Pleading and Procedure: Cases and Materials, 11th ed.FOUNDATION PRESS, 2015

ERWIN CHEMERINSKYConstitutional Law, 5th ed. WOLTERS KLUWER, 2017

JESSE CHOPER (WITH CO-AUTHORS STEVEN SHIFFRIN AND FREDERICK SCHAUER)1st Amendment: Cases-Comments-Questions, 6th ed.WEST ACADEMIC PUBLISHING, 2015

JESSE CHOPER (WITH CO-AUTHORS RICHARD FALLON, JR., YALE KAMISAR, STEVEN SHIFFRIN, MICHAEL DORF AND FREDERICK SCHAUER)Constitutional Law: Cases, Comments, and Questions, 12th ed. WEST ACADEMIC PUBLISHING, 2015

WILLIAM FERNHOLZ, STEPHEN ROSENBAUM AND SUSAN SCHECHTER (WITH MANY CO-AUTHORS)Building on Best Practices: Transformative Legal Education in a Changing WorldWEST ACADEMIC PUBLISHING, 2016

MARCI HOFFMAN AND ROBERT C. BERRING International Legal Research in a Nutshell, 2nd ed.WEST ACADEMIC PUBLISHING, 2017

JOHN MCNULTY (WITH KAREN BURKE)Federal Income Taxation of S Corporations, 2nd ed.FOUNDATION PRESS, 2014

PETER MENELL AND ROBERT MERGES (WITH MARK A. LEMLEY)Intellectual Property in the New Technological AgeCLAUSE 8 PUBLISHING, 2016

MELISSA MURRAY AND KRISTIN LUKERCases and Materials on Reproductive Rights and Justice, 1st ed.FOUNDATION PRESS, 2014

DAVID B. OPPENHEIMER (WITH SHEILA R. FOSTER, SORA Y. HAN, RICHARD T. FORD)Comparative Equality & Anti-Discrimination Law, 2nd ed.COMPARATIVE EQUALITY PRESS, 2017

DANIEL L. RUBINFELD (WITH ROBERT S. PINDYCK)Microeconomics, 9th ed.PEARSON, 2017

STEVEN DAVIDOFF SOLOMON (WITH CO-AUTHORS CLAIRE HILL AND BRIAN J.M. QUINN)Mergers and Acquisitions: Law, Theory, and Practice, 1st ed.WEST ACADEMIC PUBLISHING, 2016

PAUL M. SCHWARTZ (WITH DANIEL J. SOLOVE)Privacy Law Fundamentals Paperback – 2017INTERNATIONAL ASSOCIATION OF PRIVACY PROFESSIONALS, 2017


KATHRYN ABRAMSHerma Hill Kay Distinguished Professor of Law

B.A., Harvard University (1980)J.D., Yale University (1984)

Kathryn Abrams, Contentious Citizenship: Undocumented Activisim in the Not1More Deportation Campaign, 26 La Raza L.J., 46 (2016)Kathryn Abrams, Performative Citizenship in the Civil Rights and Immigrant Rights Movements, in A Nation of Widening Opportunities: The Civil Rights Act at 50 (2016)Kathryn Abrams, Seeking Emotional Goals with Legal Means, 103 Cal. L. Rev. 1657 (2015)

JILL E. ADAMSExecutive Director, Center on Reproductive Rights and Justice

J.D., UC BerkeleyB.J., University of Missouri, Columbia, School of Journalism

Jill E. Adams & Melissa Mikesell, And Damned if They Don’t: Prototype Theories to End Punitive Policies Against Pregnant People Living in Poverty, 18 Geo. J. Gender & L. 283 (2017).

CATHERINE ALBISTONJackson H. Ralston Professor of Law, Professor of Sociology

B.A., Stanford University (1987)M.A., Stanford University (1989)J.D., UC Berkeley (1993)Ph.D., UC Berkeley (2001)

Catherine Albiston & Lindsey Trimble O’Connor, Just Leave, 39 Harv. J.L. & Gender 1 (2016).Catherine Albiston & Laura Beth Nielsen, Funding the Cause: How Public Interest Organizations Fund Their Activities and Why it Matters for Social Change, 39 L. & Soc. Inquiry 62 (2014).Catherine Albiston, Lauren Edelman, & Joy Milligan, The Dispute Tree and the Legal Forest, 10 Ann. Rev. L. & Soc. Sci. 105 (2014).

TY ALPERClinical Professor of Law

B.A., Brown University (1995)J.D., New York University (1998)LL.M., Georgetown University (2004)

Ty Alper, The Ignoble History of the 3-Drug Cocktail, Los Angeles Times (April 20, 2017).Ty Alper, Criminal Defense Attorney Confidentiality in the Age of Social Media, Criminal Justice (Fall 2016)Ty Alper, The United States Execution Drug Shortage: A Consequence of Our Values, XXI Brown J. World Aff. 27 (Fall/Winter2014)

FACULTY SCHOLARSHIP


ROXANNA ALTHOLZAssistant Clinical Professor of Law

B.A., Brown University (1995)J.D., UC Berkeley (1999)

Roxanna Altholz, Elusive Justice: Legal Redress for Killings by US Border Agents, 27 Berkeley La Raza L. J. 1 (2017)Roxanna Altholz, Acccountability & International Financing Institutions: Community Perspectives on the World Bank’s Compliance Advisor Ombudsman (2017). Roxanna Altholz, Chronicle of a Death Foretold: The Future of U.S. Human Rights Litigation Post-Kiobel, 102 Cal. L. Rev. 1495 (2014).

ABBYE ATKINSONAssistant Professor of Law

B.A., UC Berkeley (1997)J.D., Harvard Law (2009)

Abbye Atkinson, Consumer Bankruptcy, Non-dischargeability, and Penal Debt, 70 Vand. L. Rev. 917 (2017)Abbye Atkinson, Modifying Mortgage Discrimination in Consumer Bankruptcy, 57 Ariz. L. Rev. 1041 (2015).

ALAN AUERBACHRobert D. Burch Professor of Law and Economics

B.A., Yale University (1973)Ph.D., Harvard University (1978)

Alan Auerbach, Demystifying the Destination-Based Cash-Flow Tax, Brooking Papers on Economic Activity (forthcoming).Alan Auerbach & Kent Smetters, eds., The Economics of Tax Policy (2017).Alan Auerbach & Yuriy Gorodnichenko, Effects of Fiscal Shocks in a Globalized World, IMF Econ. Rev. (2016)

KENNETH AYOTTEProfessor of Law

B.A., University of Virginia (1997)Ph.D., Economics, Princeton University (2002)

Kenneth Ayotte, Anthony J. Casey & David A. Skeel, Bankruptcy on the Side, 112 N.W. Law Rev. (forthcoming, 2017).Kenneth Ayotte, Subsidiary Legal Entities and Innovation, 6 Rev. Corp. Fin. Stud. 39 (2017).Kenneth Ayotte, Leases and Executory Contracts in Chapter 11, 12 J. Empirical Legal Stud. 637(2015).


ADAM B. BADAWIProfessor of Law

B.A., UC BerkeleyJ.D., UC BerkeleyPh.D., UC Berkeley

Adam Badawi, The Shareholder Wealth Effects of Delaware Litigation, 19 Am. L. & Econ. Rev. 287 (2017).Adam Badawi, Does the Quality of the Plaintiffs’ Law Firm Matter in Deal Litigation?, 41 J. Corp. L. 359 (2015).Adam Badawi, Appellate Lawmaking in a Judicial Hierarchy, 58 J.L. & Econ. 139 (2014).

KENNETH A. BAMBERGERThe Rosalinde and Arthur Gilbert Foundation Professor of Law

B.A., Harvard University (1990)Henry Fellow, Cambridge University (1991)J.D., Harvard University (1998)

Kenneth A. Bamberger & Deirdre Mulligan, Preventing Governance-By-Design Dystopia: Four Rules of Engagement, 106 Cal. L. Rev (forthcoming, 2018).Kenneth A. Bamberger & Orly Lobel, Platform Market Power, 31 Berkeley Tech. L.J. (forthcoming, 2017).Deirdre Mulligan & Kenneth A. Bamberger, Public Values, Private Infrastructure and the Internet

of Things: The Case of Automobiles, 9 J.L. & Econ. Reg. 7 (2016).

ROBERT BARTLETTProfessor of Law

B.A., Harvard University (1996)J.D., Harvard Law School (2000)

Robert Bartlett, Paul Rose & Steven Davidoff-Solomon, The Small IPO and the Investing Preferences of Mutual Funds, J. Corp. Fin. (forthcoming).Brian Ayash, Robert Bartlett, & Annette Poulsen, The Determinants of Buyout Returns: Does Transaction Strategy Matter?, 46 J. Corp. Fin. 342 (2017).Robert Bartlett, A Founders’ Guide to Unicorn Creation: How Liquidation Preferences in M&A Transactions Affect Start-Up Valuation, in Research Handbook on Mergers & Acquisitions (2016).

ROBERT BERRINGProfessor of Law

B.A., Harvard University (1971)J.D., UC Berkeley (1974)M.L.S., UC Berkeley (1974)

Robert Berring, The Lost Library, 19 Green Bag 2d 139 (2016.)Robert Berring, What A Long, Strange Trip It’s Been, in 20 Legal Writing: J. Legal Writing Inst. 9 (2015).Robert Berring, A Review of Contract Law in the United States: Reading Margaret Radin’s Boilerplate, 4 Christ University L.J. 125 (2015).

FACULTY SCHOLARSHIP


ERIC BIBERProfessor of Law

A.B, Harvard College (1995)J.D., Yale Law School (2001)M.S., Yale School of Forestry & Environmental Studies (2001)

Eric Biber, Law in the Anthropocene Epoch, 106 Geo. L.J. (forthcoming, 2017).Eric Biber & Josh Eagle, When Does Legal Flexibility Work in Environmental Law?, 42 Ecology L.Q. 787 (2015).Eric Biber and J.B. Ruhl, The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State, 64 Duke L.J. 133 (2014).

ANDREW BRADTAssistant Professor of Law

B.A., Harvard College (2002)J.D., Harvard Law School (2005)

Andrew Bradt, “A Radical Proposal”: The Multidistrict Litigation Act of 1968, 165 U. Pa. L. Rev. 831 (2017).Andrew Bradt & D. Theodore Rave, The Information-Forcing Role of the Judge in Multidistrict Litigation, 105 Cal. L. Rev. 1259 (2017).Andrew Bradt, Something Less and Something More: MDL’s Roots as a Class Action Alternative, 165 U. Pa. L. Rev. 1711 (2017).

RICHARD BUXBAUMJackson H. Ralston Professor of International Law (Emeritus)

A.B., Cornell University (1950) LL.B., Cornell University (1952) LL.M., UC Berkeley (1953)

Richard M. Buxbaum, Could U.S. Corporations Readily Comply with the German Corporate Governance Code?, in 1 Festschrift für Theodor Baums 141 (2017).Richard M. Buxbaum, Sovereign Debtors Before Greece: The Case of Germany, 65 U. Kan. L. Rev. 59 (2016).Richard M. Buxbaum, The Tax-Transparent Entity in the International Conflict of Laws, 68 SMU L. Rev. 675 (2015).

DAVID CARONC. William Maxeiner Distinguished Professor of Law (Emeritus)

B.S., U.S. Coast Guard Academy (1974)M.Sc., University of Wales (1980)J.D., UC Berkeley (1983)Diploma, Hague Academy of International Law (1984)Doctorandus, Leiden University (1985)Dr. Jur., Leiden University (1990)

David Caron, The Multiple Functions of International Courts and the Singular Task of the Adjudicator – The 5th Charles N. Brower Lecture, 111 Proc. ASIL Ann. Meeting (forthcoming, 2018).David Caron & Esmé Shirlow, Unpacking the Complexities of Backlash and Identifying its Unintended Consequences, in The Judicialization of International Law - A Mixed Blessing? (forthcoming, 2017).David Caron, Regulating Opacity: Shaping How Tribunals Think, in Practicing Virtue: Inside International Arbitration (2015).


ERWIN CHEMERINSKYDean | Jesse H. Choper Distinguished Professor of Law

B.S., Northwestern University (1975)J.D., Harvard Law School (1978)

Erwin Chemerisnky, Closing the Courthouse Door: How the Supreme Court Made Your Rights Unenforceable (2017)Erwin Chemerinsky and Howard Gillman , Free Speech on Campus (2017)Erwin Chemerinsky, Constitutional Law, 5th ed. Walters Kluwer (2017)

JESSE CHOPEREarl Warren Professor of Public Law (Emeritus)

B.S., Wilkes University (1957)LL.B., University of Pennsylvania (1960)D.Hu. Litt., Wilkes University (1967)

Jesse H. Choper & Stephen F. Ross, The Political Process and Substantive Due Process, U. Pa. J. Const. L. (forthcoming, 2018).

SUJIT CHOUDHRYI. Michael Heyman Professor of Law

B.Sc., Mcgill University: (1992)B.A. In Law, University College, Oxford, Rhodes Scholar (1994)LL.B., University Of Toronto Faculty Of Law: (1996)LL.M., Harvard Law School: (1998)

Sujit Choudhry, The Canadian Constitution and the World, in Oxford Handbook of the Canadian Constitution (2017).Sujit Choudhry & Tom Ginsburg, eds., Constitution Making (2016).Sujit Choudhry, Madhav Khosla, & Pratap Mehta, eds., Oxford Handbook of the Indian Constitution (2016).

ROBERT COOTERHerman F. Selvin Professor of Law

B.A., Swarthmore College (1967)M.A., Oxford University (1969)Ph.D., Harvard University (1975)

Robert Cooter, Community Versus Market Values of Life, 57 Wm. & Mary L. Rev. 713 (2016).Robert Cooter, Disgorgement Damages for Accidents, 44 J. Legal Stud. 249 (2015).

CATHERINE CRUMPAssistant Clinical Professor of Law

B.A., Stanford University (2000)J.D., Stanford Law School (2004)

Catherine Crump, Surveillance Policy Making by Procurement, 90 Wash. L. Rev. 1595 (2016).

FACULTY SCHOLARSHIP


MEIR DAN-COHENMilo Reese Robbins Professor of Law

LL.B., Hebrew University (1974)LL.M., Yale University (1976)J.S.D., Yale University (1981)

Meir Dan-Cohen, Rights, Persons, and Organizations: A Legal Theory for Bureaucratic Society (2016).Meir Dan-Cohen, Normative Subjects: Self and Collectivity in Morality and Law (2016).

HOLLY DOREMUSJames H. House and Hiram H. Hurd Professor of Environmental Regulation

B.S., Trinity College (1981)Ph.D., Cornell University (1986)J.D., UC Berkeley (1991)

Holly Doremus, In Honor of Joe Sax: A Grateful Appreciation, 39 Vt. L. Rev. 799 (2015)Melinda Taylor & Holly Doremus, Habitat Conservation Plans and Climate Change: Recommendations for Policy, 45 Envtl. L. Rep. 10863 (2015).

LAUREN EDELMANAgnes Roddy Robb Professor of Law and Professor of Sociology

B.A., University of Wisconsin (1977)M.A., Stanford University (1980)J.D., UC Berkeley (1986)Ph.D., Stanford University (1986)

Lauren B. Edelman, Working Law: Courts, Corporations, and Symbolic Civil Rights (2016). Lauren B. Edelman, Aaron C. Smyth & Asad Rahim, Legal Discrimination: Empirical Sociolegal and Critical Race Perspectives on Antidiscrimination Law, 12 Ann. Rev. L. & Soc. Sci. 395 (2016).Linda Hamilton Krieger, Rachel Kahn Best, & Lauren B. Edelman, When ‘Best Practices’ Win, Employees Lose: Symbolic Compliance and Judicial Inference in Federal Equal Employment Opportunity Cases, 40 Law & Soc. Inquiry 843 (2015).

AARON EDLINRichard W. Jennings Professor of Law | Professor of Economics

A.B., Princeton University (1988)J.D., Stanford University (1993)Ph.D., Stanford University (1993)

Aaron Edlin, Conservatism and Switcher’s Curse, 19 Am. L. & Econ. Rev. 49 (2017).Aaron Edlin, Scott Hemphill, Herbert Hovenkamp, & Carl Shapiro, The Actavis Inference: Theory and Practice, 67 Rutgers L. Rev. 585 (2015).Aaron Edlin & Rebecca Haw, Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny, 162 U. Pa. L. Rev. 1093 (2014).


DANIEL A. FARBERSho Sato Professor of Law

B.A., University of Illinois (1971)M.A., University of Illinois (1972)J.D., University of Illinois (1975)

Daniel Farber & Cinnamon Carlarne, Climate Change Law (2017).Daniel Farber, Historical Versus Iconic Meaning: The Declaration, the Constitution, and the Interpreter’s Dilemma, 89 S. Cal. L. Rev. 457 (2016).Daniel Farber & Anne Joseph O’Connell, The Lost World of Administrative Law, 92 Tex. L. Rev. 1137 (2014).

SEAN FARHANGProfessor of Law

B.A., UC Berkeley (1990)J.D., New York University (1993)Ph.D., Columbia University (2006)

Stephen Burbank & Sean Farhang , Rights and Retrenchment: The Counterrevolution Against Federal Litigation (2017). Sean Farhang & Miranda Yaver, Divided Government and the Fragmentation of American Law, 60 Am. J. Pol. Sci. 401 (2016).Stephen B. Burbank and Sean Farhang, Litigation Reform: An Institutional Approach, 162 U. Pa. L. Rev. 1543 (2014).

MALCOLM FEELEYClaire Sanders Clements Dean’s Professor of Law

B.A., Austin College (1964)M.A., University of Minnesota (1966)Ph.D., University of Minnesota (1969)

Malcolm M. Feeley & Aniket Kesari, Federalism as Compared to What?: Sorting out the Effects of Federalism, Unitary Systems, and Decentralization, Jus Politicum, No. 17 (2017) .Malcolm M. Feeley, The 2014 Paul Tappan Lecture: Entrepreneurs of Punishment: How Private Contractors Made and are Making the Modern Criminal Justice System, 17 Criminol. Crim. Just. L. & Soc. 1 (2016).Malcolm M. Feeley, The 2014 Jerome Hall Lecture: The Unconvincing Case against Private Prisons, 89 Ind. L.J. 1401 (2014).

CATHERINE FISKBarbara Nachtrieb Armstrong Professor of Law

AB, Princeton University (1983)JD, UC Berkeley (1986)LLM, University of Wisconsin (1995)

Catherine Fisk, Law & Society, in Oxford Handbook of Legal Historical Research (2017).Catherine Fisk & L. Song Richardson, Police Unions, 85 Geo. Wash. L. Rev. 712 (2017).Catherine Fisk, Writing for Hire: Unions, Hollywood, and Madison Avenue (2016).

FACULTY SCHOLARSHIP


LAUREL FLETCHERClinical Professor of Law

B.A., Brandeis University (1986)J.D., Harvard University (1990)

Laurel E. Fletcher & Harvey M. Weinstein, Transitional Justice and the “Plight” of Victimhood, in Research Handbook on Transitional Justice (2017).Laurel E. Fletcher, A Wolf in Sheep’s Clothing? Transitional Justice and the Effacement of State Accountability for International Crimes, 39 Fordham Int’l L.J. 447 (2016).Laurel E. Fletcher, Refracted Justice: The Imagined Victim and the International Criminal Court, in Contested Justice: The Politics and Practice of International Criminal Court Interventions (2015).

STAVROS GADINIS Professor of Law

LL.M., University of Cambridge (2000)LL.M., Harvard Law School (2005)S.J.D., Harvard Law School (2010)

Stavros Gadinis and Colby Mangels, Collaborative Gatekeepers, 73 Wash. & Lee L. Rev. 797 (2016). Stavros Gadinis, Three Pathways to Global Standards: Private, Regulatory, and Ministry Networks, 109 Am. J. Int’l L. 1 (2015).

MARK P. GERGENAssociate Dean, Robert and Joann Burch D.P. Professor of Tax Law and Policy

B.A., Yale University (1979)J.D., University of Chicago Law School (1982)

Mark Gergen, A Wrong Turn in the Law of Deceit, Geo. L.J. (forthcoming, 2017).Mark Gergen, How to Tax Capital, 70 Tax L. Rev. 1 (2016).Mark Gergen, Privity’s Shadow: Exculpatory Terms in Extended Forms of Private Ordering, 43 Fla. St. U. L. Rev. 1 (2015).

ROSANN GREENSPANExecutive Director, Center for the Study of Law and Society

B.A., Yale University (1971)M.A., University of Toronto (1973)M.A., UC Berkeley (1984)Ph.D., UC Berkeley (1991)

Rosann Greenspan & Kay Levine, eds., International Encyclopedia of Social and Behavioral Sciences, 2nd ed. (2015). Rosann Greenspan, The Transformation of Criminal Due Process in the Administrative State (2014).


IAN HANEY LÓPEZEarl Warren Professor of Public Law

B.A., Washington University (1986)M.A., Washington University (1986)M.P.A, Princeton University (1990)J.D., Harvard University (1991)

Ian Haney López & Heather McGhee, How Populists Like Bernie Sanders Should Talk About Racism, The Nation (Feb. 29, 2016).Ian Haney López, Equal Protection as Self-Induced Blindness, in Controversies in Equal Protection in America: Race, Gender and Sexual Orientation (2015).Ian Haney López, Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class (2014).

HENRY L. HECHTJohn and Elizabeth Boalt Lecturer in Residence

B.A., Williams College (1968)J.D., Harvard University (1973)

Peter Morgan, Patrick Gallagher, & Henry L. Hecht, Sierra Club v. Nola Coal Company, LLC: An Expert Witness Case File(2015).Henry L. Hecht, Preventing and Remedying Deposition Perjury by Your Witness, 60 The Practical Lawyer 3 (June 2014).

KINCH HOEKSTRAChancellor’s Professor of Law and Political Science

B.A., Brown University (1987)D. Phil., Oxford University (1998)

Kinch Hoekstra, ed., The Oxford Handbook of Hobbes (2016).Kinch Hoekstra, Hobbes’s Thucydides, in The Oxford Handbook of Hobbes (2016).Kinch Hoekstra, Athenian Democracy and Popular Tyranny, in Popular Sovereignty in Historical Perspective (2016).

CHRIS HOOFNAGLEAdjunct Professor of Law

B.A., University of Georgia (1996)J.D., University of Georgia School of Law (2000)

Aaron Perzanowski & Chris J. Hoofnagle, What We Buy When We “Buy Now,” 165 U. Pa. L. Rev. 315 (2017).Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016).Chris Jay Hoofnagle & Jan Whittington, Free: Accounting for the Costs of the Internet’s Most Popular Price, 61 UCLA L. Rev. 606 (2014).

FACULTY SCHOLARSHIP


SONIA KATYALChancellor’s Professor of Law

A.B., Brown University (1993)J.D., University of Chicago Law School (1998)

Sonia Katyal, Algorithmic Civil Rights, Iowa L. Rev. (forthcoming, 2018).Sonia Katyal, The Numerus Clausus of Sex, 84 U. Chi. L. Rev. 389 (2017).Sonia Katyal, Technoheritage, 105 Cal. L. Rev. 1111 (2017).

ROBERT KAGANEmanuel S. Heller Professor of Law (Emeritus)

A.B., Harvard University (1959)LL.B., Columbia University (1962)

Robert Kagan, Varieties of Bureaucratic Justice: Building on Mashaw’s Typology, in Administrative Law from the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw (2017).

Robert Kagan & Gregory Elinson, Constitutional Litigation in the United States, in Constitutional Courts in Comparison: The US Supreme Court and the German Federal Constitutional Court, 2nd ed. (2017).

ALEXA KOENIGLecturer in Residence, Executive Director, Human Rights Center

B.A., UCLAJ.D., University of San Francisco School of LawPh.D., UC BerkeleyM.A., UC Berkeley

Alexa Koenig, A Battle for Control: Resisting Torture and Cruel, Inhuman, or Degrading Treatment at Guantánamo, in Torture and its Definition in International Law (2017).Eric Stover, Victor Peskin, & Alexa Koenig, Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on Terror (2016).Keramet Reiter & Alexa Koenig , eds., Extreme Punishment: Comparative Studies in Detention, Incarceration and Solitary Confinement (2015).

PRASAD KRISHNAMURTHYProfessor of Law

B.A./M.A., University of Chicago (1999)J.D., Yale Law School (2004)M.A., Ph.D., UC Berkeley (2011)

Prasad Krishnamurthy, Vikram Pathania, & Sharad Tandon, Food Price Subsidies and Nutrition: Evidence from State Reforms to India’s Public Distribution System, 66 Econ. Dev. & Cultural Change 55 (2017).Prasad Krishnamurthy, Regulating Capital, 4 Harv. Bus. L. Rev. 1 (2014).Prasad Krishnamurthy, Banking Deregulation, Local Credit Supply, and Small-Business Growth, 58 J.L. & Econ. 935 (2015).


CHRISTOPHER KUTZC. William Maxeiner Distinguished Professor of Law

B.A., Yale University (1989)Ph.D., UC Berkeley (1996)J.D., Yale University (1997)

Christopher Kutz, On War and Democracy (2016).Christopher Kutz, Shared Responsibility for Climate Change: From Guilt to Taxes, in Distribution of Shared Responsibility in International Law (2015).Christopher Kutz, How Norms Die: Torture and Assassination in American Security Policy, 28 Ethics & Int’l Aff. 425 (2014).

TAEKU LEEProfessor of Law | Professor of Political Science

A.B., University of Michigan (1987)M.P.P., Harvard University (1990)Ph.D., University of Chicago (1997)

Taeku Lee, The Oxford Handbook of Racial and Ethnic Politics in the United States (2015).

DAVID LIEBERMANJames W. and Isabel Coffroth Professor of Jurisprudence

B.A., Cambridge University (1974)M.A., Cambridge University (1978)Ph.D., London University (1980)

David Lieberman, Professing Law in the Shadow of the Commentaries, in Blackstone and his Critics (forthcoming).David Lieberman, Declaring Rights: Bentham and the Rights of Man, in Natural Law and Politics (forthcoming).David Lieberman, Bentham’s Jurisprudence and Democratic Theory: An Alternative to Hart’s Approach, in Bentham’s Theory of Law and Public Opinion (2014).

KATERINA LINOS Professor of Law

B.A., Harvard College (2000)Diploma, European University Institute (2002)J.D., Harvard Law School (2006)Ph.D., Harvard University (2007)

Katerina Linos & Tom Pegram, What Works in Human Rights Institutions?, 112 Am. J Int’l. L. 1 (forthcoming, 2017).Katerina Linos & Tom Pegram, The Language of Compromise in International Agreements, 70 Int’l Org. 587 (2016).Katerina Linos & Kim Twist, The Supreme Court, the Media, and Public Opinion: Comparing Experimental and Observational Methods, 45 J. Legal Stud. 223 (2016).

FACULTY SCHOLARSHIP


LAURENT MAYALILloyd M. Robbins Professor of Law

Licence en Droit, University of Montpellier, France (1976)Maitrise en Droit, University of Montpellier, France (1977)D.E.A., University of Montpellier, France (1978)Habilitation in Legal History, University of Montpellier, France (1985)Docteur d’Etat en Droit, University of Montpellier, France (1985)

Laurent Mayali & John Yoo, A Comparative Examination of Counter-Terrorism Law and Policy, 16 J. Korean L. 93 (2016).Laurent Mayali, The Legacy of Roman Law, in The Cambridge Companion to Roman Law (2015).Calum Carmichael & Laurent Mayali, Daube on Roman Law (2014).

JUSTIN MCCRARYProfessor of Law

A.B, Princeton University (1996)Ph.D., UC Berkeley (2003)

Aaron Chalfin & Justin McCrary, Criminal Deterrence: A Review of the Literature, 55 J. Econ. Lit. 5 (2017).Justin McCrary, Garret Christensen, & Daniele Fanelli, Conservative Tests under Satisficing Models of Publication Bias, PLoS ONE11(2): e0149590 (2016). Justin McCrary & Daniel L. Rubinfeld, Measuring Benchmark Damages in Antitrust Litigation, 3 J. Econometric Methods 63 (2014).

PETER MENELLKoret Professor of Law

S.B., Massachusetts Institute of Technology (1980)M.A., Stanford University (1982)J.D., Harvard Law School (1986)Ph.D., Stanford University (1986)

Peter S. Menell, Tailoring a Public Policy Exception to Trade Secret Protection, 105 Cal. L. Rev. 1 (2017).Peter S. Menell, Adapting Copyright Law for the Mashup Generation, 164 U. Pa. L. Rev. 441 (2016).Peter S. Menell, This American Copyright Life: Reflections on Re-equilibrating Copyright for the Internet Age, 61 J. Copyright Soc’y U.S.A. 235 (2014).

ROBERT MERGESWilson Sonsini Goodrich & Rosati Professor of Law

B.S., Carnegie-Mellon University (1981)J.D., Yale University (1985)LL.M., Columbia University (1988)J.S.D., Columbia University (1988)

Robert Merges, What Kind of Rights Are IP Rights?, in The Oxford Handbook of Intellectual Property Law (2017).Robert Merges, Measuring the Costs and Benefits of Patent Pools, 78 Ohio St L.J. 281 (2017).Robert Merges, Copyright and Distributive Justice, 92 Notre Dame L. Rev. 513 (2016).


JOY MILLIGANAssistant Professor of Law

A.B., Harvard-Radcliffe College (1998)M.P.A., Princeton University (2003)J.D., New York University School of Law (2006)Ph.D., UC Berkeley (anticipated 2017)

Joy Milligan, Subsidizing Segregation, 104 Va. L. Rev. (forthcoming 2018)Joy Milligan, Protecting Disfavored Minorities: Toward Institutional Realism, 63 UCLA L. Rev. 894 (2016).Justin McCrary, Joy Milligan, & James Phillips, The Ph.D Rises in Elite Legal Academia, 1960-2011: What Does It Mean for Legal Education?, 65 J. Legal Educ. 543 (2016).

CALVIN MORRILLAssociate Dean, Stefan A. Riesenfeld Professor of Law

B.A., UC Santa Barbara (1980)M.A., Harvard University (1983)Ph.D., Harvard University (1987)

Calvin Morrill & Michael Musheno, Navigating Conflict: How Youth in a High-Poverty School Handle Trouble (forthcoming, 2018).Calvin Morrill, Institutional Change through Interstitial Emergence: The Growth of Alternative Dispute Resolution in U.S. Law, 1970-2000, 4 Braz. J. Empirical Legal Stud. 10 (2017).Calvin Morrill, Change Disguised as Continuity in Studying Law and Society? Evidence from the Law & Society Review, 1966-2015, 50 Law & Soc’y Rev. 1017 (2016).

SAIRA MOHAMEDProfessor of Law

B.A., Yale University J.D., Columbia Law SchoolMaster of International Affairs, Columbia School of International and Public Affairs

Saira Mohamed, Leadership Crimes, 105 Cal. L. Rev. 777 (2017). Saira Mohamed, Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law, 124 Yale L.J. 1628 (2015).Saira Mohamed, Of Monsters and Men: Perpetrator Trauma and Mass Atrocity, 115 Colum. L. Rev. 1157 (2015).

MELISSA MURRAYAlexander F. and May T. Morrison Professor of Law

B.A., University of Virginia (1997)J.D., Yale Law School (2002)

Melissa Murray, Rights and Regulation: The Evolution of Sexual Regulation, 116 Colum. L. Rev. 573 (2016).Melissa Murray, Obergefell v. Hodges and Non-Marriage Inequality, 104 Cal. L. Rev. 1207 (2016).Melissa Murray, Family Law’s Doctrines, 163 U. Pa. L. Rev. 1985 (2015).

FACULTY SCHOLARSHIP


TEJAS N. NARECHANIAAssistant Professor of Law

B.S., UC Berkeley (2005)B.A., UC Berkeley (2005)J.D., Columbia Law School (2011)

Tejas Narechania, Certiorari, Universality, and a Patent Puzzle, Mich. L. Rev. (forthcoming, 2018).Tejas Narechania, Patent Conflicts, 103 Geo. L.J. 1483 (2015).Tejas Narechania, Network Nepotism and the Market for Content Delivery, 67 Stan. L. Rev. Online 27 (2014).

ANGELA ONWUACHI-WILLIGChancellor’s Professor of Law

B.A., Grinnell College (1994)J.D., University of Michigan School of Law (1997)M.A., Yale University (2014)M. Phil., Yale University (2016)Ph.D., Yale University (2017)

Angela Onwuachi-Willig, From Protecting Whiteness as Property to Protecting White Property: Emmett Till, Trayvon Martin, and Policing the Boundaries of Whiteness, 102 Iowa L. Rev. 1113 (2017).Angela Onwuachi-Willig, The Trauma of the Routine: Lessons on Cultural Trauma from the Emmett Till Verdict, 34 Sociological Theory 1 (2016). Angela Onwuachi-Willig, Rewrite of Meritor v. Vinson, 477 U.S. 57 (1986), in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (2016).

ANNE JOSEPH O’CONNELLGeorge Johnson Professor of Law

B.A., Williams College J.D., Yale Law SchoolPh.D., Harvard UniversityM. Phil., Cambridge University

Daniel A. Farber & Anne Joseph O’Connell, Agencies as Adversaries, 105 Cal. L. Rev 1375 (2017).Abbe R. Gluck, Anne Joseph O’Connell, & Rosa Po, Unorthodox Lawmaking, Unorthodox Rulemaking, 115 Colum. L. Rev. 1789 (2015).Anne Joseph O’Connell, Shortening Agency and Judicial Vacancies through Filibuster Reform? An Examination of Confirmation Rates and Delays from 1981 to 2014, 64 Duke L.J. 1645 (2015).

DAVID OPPENHEIMERClinical Professor of Law

B.A., University without Walls (Berkeley) (1972)J.D., Harvard Law School (1978)

David Oppenheimer, Sheila Foster, Sora Han, & Richard T. Ford, Comparative Equality and Anti-Discrimination Law (2017).David Oppenheimer, Swati Prakash, & Rachel Burns, Playing the Trump Card: The Enduring Legacy of Racism in Immigration Law, 26 Berkeley La Raza L.J. 1 (2016).David Oppenheimer, Molly Leiwant, Rebecca Schonberg, & Sam Wheeler, Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (2014).


VICTORIA PLAUTProfessor of Law and Social Science

B.A., Harvard University (1996)M.Sc., London School of Economics and Political Science (1997)Ph.D., Stanford University (2003)

Hon. Mark Bennett & Victoria Plaut, Looking Criminal and the Presumption of Dangerousness: Afrocentric Facial Features, Skin Tone, and Criminal Justice, 51 UC Davis L. Rev. (forthcoming, 2018).Kecia M. Thomas, ,Victoria Plaut, & Ny Mia Tran, eds., Diversity Ideologies in Organizations (2014).Victoria Plaut, Diversity Science and Institutional Design, Policy Insights from Behavioral and Brain Sciences 72 (2014).

CLAUDIA POLSKYDirector, Environmental Law Clinic, Assistant Clinical Professor of Law

B.A., Harvard University (1987)M. Appl. Sci., Lincoln University, New Zealand (1989)J.D., UC Berkeley (1996)

Claudia Polsky, California Chemicals Regulation After TSCA Reform, 25 Envt’l. L. News 22 (Fall 2016).Claudia Polsky, An Environmental Opening Under Trump, S.F Daily Journal (Nov. 30, 2016).Claudia Polsky, Getting Noisy About Abortion: Why I Joined the Women Lawyers’ Brief, Law.com (Jan. 27, 2016).

ERIC RAKOWSKIProfessor of Law

A.B., Harvard University (1980)B. Phil., Oxford University (1983)D. Phil., Oxford University (1984)J.D., Harvard University (1987)

Eric Rakowski, ed., The Trolley Problem Mysteries (2016).

RUSSELL ROBINSONDistinguished Haas Chair in LGBT Equity Professor of Law

B.A., Hampton University (1995) J.D., Harvard Law School (1998)

Russell Robinson, Unequal Protection, 67 Stan. L. Rev. 151 (2016).Russell Robinson, Diverging Identities, in After Marriage: The Future of LGBT Rights (2016).Russell Robinson, Marriage Equality & Postracialism, 61 UCLA L. Rev. 1010 (2014).

FACULTY SCHOLARSHIP


BERTRALL ROSSChancellor’s Professor of Law

B.A., University of Colorado, Boulder (1998)M.Sc., London School of Economics and Political Science (2001)M.P.A., Princeton University (2003)J.D., Yale Law School (2006)

Bertrall Ross & Su Li, Measuring Political Power: Suspect Class Determinations and the Poor, 104 Cal. L. Rev. 323 (2016).Bertrall Ross, Embracing Administrative Constitutionalism, 95 B.U. L. Rev. 519 (2015).Bertrall Ross, The State as Witness: Windsor, Shelby County, and Judicial Distrust of the Legislative Record, 89 N.Y.U. L. Rev. 2027 (2014).

ANDREA L ROTHAssistant Professor of Law

B.S./B.A., University of New Mexico (1995)J.D., Yale Law School (1998)

Andrea Roth, Machine Testimony, 126 Yale L.J. 1972 (2017).Andrea Roth, Trial by Machine, 104 Geo. L.J. 1245 (2016).Andrea Roth, The Uneasy Case for Marijuana as Chemical Impairment Under a Science-Based Jurisprudence of Dangerousness, 103 Cal. L. Rev. 841 (2015).

DANIEL RUBINFELD Robert L. Bridges Professor of Law (Emeritus) | Professor of Economics (Emeritus)

B.A., Princeton University (1967)M.S., Massachusetts Institute of Technology (1968)Ph.D., Massachusetts Institute of Technology (1972)

Daniel Rubinfeld & Michal Gal, Access Barriers to Big Data, 59 Ariz. L. Rev. 339 (2017).Michal Gal & Daniel Rubinfeld, The Hidden Costs of Free Goods: Implications for Antitrust Enforcement, 80 Antitrust L.J. 521 (2016).James Ratliff, & Daniel Rubinfeld, Is There a Market for Organic Search Engine Results and Can Their Manipulation Give Rise to Antitrust Liability, 10 J. Competition L. & Econ. 517 (2014).

PAMELA SAMUELSONRichard M. Sherman Distinguished Professor of Law

B.A., University of Hawaii (1971)M.A., University of Hawaii (1972)J.D., Yale University (1976)

Pamela Samuelson, Strategies for Discerning the Boundaries of Copyrights and Utility Patents, 92 Notre Dame L. Rev. 1493 (2017).Pamela Samuelson, Functionality and Expression in Computer Programs, 31 Berkeley Tech. L.J. 1215 (2016).Pamela Samuelson, Reconceptualizing Copyright’s Merger Doctrine, 63 J. Copyright Soc’y U.S.A. 417 (2016).


SUSAN SCHECHTERLecturer in Residence

B.A., Washington University School of Law (1982)J.D., University of Pittsburgh School of Law (1988)

Susan Schechter & Jeffrey Baker, Public Interest Lawyering, in Learning from Practice: A Text for Experiential Legal Education, 3rd ed. (2016).Susan Schechter, et al., Pro Bono As a Professional Value, in Building on Best Practices: Transforming Legal Education in a Changing World (2016).

HARRY SCHEIBERStefan A. Riesenfeld Professor of Law and History (Emeritus)

A.B., Columbia University (1955)M.A., Cornell University (1957)Ph.D., Cornell University (1961)D. Jur. Hon., Uppsala University, Sweden (1998)

Harry Scheiber, ed., Constitutional Governance and Judicial Power: The History of the California Supreme Court (2016).Harry Scheiber, The Liberal Court: Ascendency and Crisis, 1964-1987, in Constitutional Governance and Judicial Power: The History of the California Supreme Court (2016).Harry Scheiber & Jane L. Scheiber, Bayonets in Paradise: Martial Law in Hawai’i during World War II (2016).

PAUL SCHWARTZJefferson E. Peyser Professor of Law

B.A., Brown University (1981)J.D., Yale University (1985)

Paul Schwartz & Karl-Nikolaus Peifer, Transatlantic Data Privacy Law, 106 Geo. L.J. (forthcoming, 2017).Paul Schwartz, Systematic Government Access to Private-Sector Data in Germany, in Bulk Collection 61 (2017).Daniel Solove & Paul Schwartz, Privacy Law Fundamentals, 4th ed. (2017).

JEFFREY SELBINClinical Professor of Law

B.A., University of Michigan (1983)C.E.P., L’Institut d’Etudes Politiques (1986)J.D., Harvard University (1989)

Jeffrey Selbin, Justin McCrary, & Joshua Epstein, Unmarked? Criminal Record Clearing and Employment, 108 J. Crim. L. & Criminology (forthcoming). Jeffrey Selbin, Eleanor Swift’s Indelible Public Interest Legacy at Berkeley Law, 105 Cal. L. Rev. 101 (2017). Scott Cummings & Jeffrey Selbin, Poverty Law: United States, in International Encyclopedia of Social & Behavioral Sciences, 2nd ed. (2015).

FACULTY SCHOLARSHIP


ELISABETH SEMELClinical Professor of Law

B.A., Bard College (1972)J.D., UC Davis (1975)

Elisabeth Semel & Tom Meyer, Batson and the Discriminatory Use of Peremptory Challenges in the 21st Century, in Jurywork: Systematic Techniques (2015-16)Elisabeth Semel, Why Oklahoma Matters in California, L.A. Daily Journal (May 9,2014)

JONATHAN SIMON Adrian A. Kragen Professor of Law

A.B., UC Berkeley (1981)J.D., UC Berkeley (1987)Ph.D., UC Berkeley (1990)

Jonathan Simon, Racing Abnormality, Normalizing Race: The Origins of America’s Peculiar Carceral State and its Prospects for Democratic Transformation Today, 111 Nw. U. L. Rev. 1625 (2017).Jonathan Simon, The Second Coming of Dignity, in Mapping the New Criminal Justice Thinking (2017).Jonathan Simon, The New Gaol: Seeing Incarceration Like a City, 664 Annals American Academy Pol. & Soc. Sci. 280 (2016).

STEVEN DAVIDOFF SOLOMONProfessor of Law

B.A., University of Pennsylvania (1992)J. D., Columbia University School of Law (1995) Masters in Finance, London Business School (2005)

Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, & Randall S. Thomas, The Shifting Tides of Merger Litigation, Vand. L. Rev. (forthcoming, 2018).Matthew D. Cain, Jill E. Fisch, Sean J. Griffith, & Steven Davidoff Solomon, How Corporate Governance Is Made: The Case of the Golden Leash, 164 U. Pa. L. Rev. 649 (2016).Paul Rose & Steven Davidoff Solomon, Where Have All the IPOs Gone? The Hard Life of the Small IPO, 6 Harv. Bus. L. Rev. 83 (2016).

SARAH SONGProfessor of Law and Political Science

B.A., Harvard University (1996)M. Phil., Oxford University (1998)Ph.D., Yale University (2003)

Sarah Song, Political Theories of Migration, in Annual Review of Political Science (forthcoming).Sarah Song, After Obergefell: On Marriage and Belonging in Carson McCullers’ Member of the Wedding, in Looking for Law in All the Wrong Places (forthcoming).Sarah Song, The Significance of Territorial Presence and the Rights of Immigrants, in Migration in Political Theory: The Ethics of Movement and Membership (2016).


AVANI MEHTA SOODAssistant Professor of Law

A.B., Princeton University (1999)J.D., Yale Law School (2003)M.A., Princeton University (2011)Ph.D., Princeton University (2013)

Victor Quintanilla & Avani Mehta Sood, Law, Society, and Psychological Science, Ann. Rev. L. & Soc. Sci. (forthcoming, 2018).Avani Mehta Sood, Using Empirical Psychology to Inform Courtroom Adjudication – Potential Contributions and Challenges, 130 Harv. L. Rev. Forum 301 (2017).Avani Mehta Sood, Cognitive Cleansing: Experimental Psychology and the Exclusionary Rule, 103 Geo. L.J. 1543 (2015).

RACHEL STERNAssistant Professor of Law and Political Science

B.A., Wellesley CollegePh.D., UC Berkeley

Rachel Stern, Activist Lawyers in Post-Tiananmen China, 42 Law & Soc. Inquiry 234 (2017).Rachel Stern, Political Reliability and the Chinese Bar Exam, 43 J.L. & Soc’y 506 (2016). Rachel Stern & Su Li, The Outpost Office: How International Law Firms Approach the China Market, 41 Law & Soc. Inquiry 184 (2016).

ERIC STOVERAdjunct Professor of Law

B.A., Colorado College (1974)

Eric Stover, Jonathan Silvers, Allan A. Ryan, & Philip Gourevitch, co-producers, Dead Reckoning: War, Crime and Justice from World War II to the War on Terror, PBS Documentary (2017).Stephen Smith Cody, Alexa Koenig, & Eric Stover, Witness Testimony, Support, and Protection at the ICC, in Africa and the ICC: Perceptions of Justice (2016).Eric Stover, Victor Peskin, & Alexa Koenig, Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on Terror (2016).

STEPHEN SUGARMANRoger J. Traynor Professor of Law

B.S., Northwestern University (1964)J.D., Northwestern University (1967)

Stephen D. Sugarman, Is it Unconstitutional to Prohibit Faith-Based Schools from Becoming Charter Schools?, 32 J. L. & Religion 1 (2017). Stephen D. Sugarman, Torts and Guns, 10 J. Tort L. 1 (2017).Stephen D. Sugarman, Torts - A Wider View (2014).

FACULTY SCHOLARSHIP


KAREN M.TANIAssistant Professor of Law

B.A., Dartmouth College (2002)J.D., University of Pennsylvania (2007)Ph.D., University of Pennsylvania (2011)

Karen Tani, States of Dependency: Welfare, Rights, and American Governance, 1935-1972 (2016).Karen Tani, Administrative Equal Protection: Federalism, the Fourteenth Amendment, and the Rights of the Poor, 100 Cornell L. Rev. 825 (2015). Karen Tani, States’ Rights, Welfare Rights, and ‘The Indian Problem’: Negotiating Citizenship and Sovereignty, 1935-1954, 33 L. & Hist. Rev. 1 (2015).

CHRISTOPHER TOMLINSElizabeth J. Boalt Professor of Law

B.A., Oxford University (1973)M.A., University of Sussex (1974)M.A., Oxford University (1977)M.A., Johns Hopkins University (1977)Ph.D., Johns Hopkins University (1981)

Christopher Tomlins, Organic Poise? Capitalism as Law, 64 Buff. L. Rev. 61 (2016). Christopher Tomlins, ‘Be Operational or Disappear’: Thoughts on a Present Discontent, 12 Ann. Rev. L. & Soc. Sci. 1 (2016).Christopher Tomlins, Historicism and Materiality in Legal Theory, in Law in Theory and History: New Essays on a Neglected Dialogue (2016).

AMANDA L TYLERProfessor of Law

B.A., Stanford UniversityJ.D., Harvard Law School

Amanda Tyler, A “Second Magna Carta”: The English Habeas Corpus Act and the Statutory Origins of the Habeas Privilege, 91 Notre Dame L. Rev. 1949 (2016).Amanda Tyler, Assessing the Role of History in the Federal Courts Canon: A Word of Caution, 90 Notre Dame L. Rev. 1739 (2015).Amanda Tyler, Habeas Corpus and the American Revolution, 103 Cal. L. Rev. 635 (2015).

JENNIFER M. URBANClinical Professor of Law

B.A., Cornell University (1997)J.D., UC Berkeley (2000)

Jennifer M. Urban, Joe Karaganis, & Brianna L. Schofield, Notice and Takedown in Everyday Practice, UC Berkeley Public Law Research Paper 2755628 (2016).Brianna L. Schofield & Jennifer M. Urban, Takedown and Today’s Academic Digital Library, 13 I/S: A J. Law & Pol’y 125 (2016).Jennifer M. Urban, Privacy Issues in Smart Grid Deployment, in Research Handbook on Intellectual Property and Climate Change (2016).

MOLLY VAN HOUWELINGAssociate Dean, Harold C. Hohbach Distinguished Professor of Patent Law and Intellectual Property

B.A., University of Michigan (1994) J.D., Harvard Law School (1998)

Molly Van Houweling, Intellectual Property as Property, in Handbook on the Economics of Intellectual Property Law (forthcoming).Molly Van Houweling, Disciplining the Dead Hand of Copyright: Durational Limits on Remote Control Property, 30 Harv. J.L. & Tech. 53 (2017).Molly Van Houweling, Authors Versus Owners, 54 Hous. L. Rev. 371 (2016).

LETI VOLPPRobert D. and Leslie Kay Raven Professor of Law in Access to Justice

A.B, Princeton University (1986) M.S., University of Edinburgh (1989)M.S.P.H., Harvard University (1988) J.D., Columbia University (1993)

Leti Volpp, Immigrants Outside the Law: President Obama, Discretionary Executive Power, and Regime Change, 3 Critical Anal. L. 385 (2016).Leti Volpp, The Indigenous as Alien, 5 UC Irvine L. Rev. 289 (2015).Leti Volpp, Civility and the Undocumented Alien, in Civility, Legality and Justice in America (2014).

CHARLES D. WEISSELBERGShannon Cecil Turner Professor of Law

B.A., The Johns Hopkins University (1979) J.D., University of Chicago (1982)

Charles Weisselberg, Exporting and Importing Miranda, 97 B.U. L. Rev. 1235 (2017).Charles Weisselberg, Against Innocence, in The Integrity of Criminal Process—From Theory to Practice (2016).Charles Weisselberg & Juliana DeVries, One Term, Two Courts: Selected Criminal-Law Cases in the Supreme Court’s 2015-2016 Term, 52 Court Rev. 142 (2016).

JOHN YOOEmanuel S. Heller Professor of Law

A.B., Harvard University (1989) J.D., Yale University (1992)

John Yoo, Presidential Authority to Revoke or Reduce National Monument Designations, 35 Yale J. on Reg. (forthcoming, 2018).John Yoo & Jeremy Rabkin, Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War (2017).John Yoo, Rationalist War and New Weapons Technologies, 105 Cal. L. Rev. 443 (2017).

FRANKLIN ZIMRINGWilliam G. Simon Professor of Law

B.A., Wayne State University (1963) J.D., University of Chicago (1967)

Franklin Zimring, When Police Kill (2017). Franklin Zimring, ed., Juvenile Justice in Global Perspective (2015). Franklin Zimring & Máximo Langer, One Theme or Many?: The Search for a Deep Structure in Global Juvenile Justice, in Juvenile Justice in Global Perspective (2015).


FACULTY SCHOLARSHIP

CENTER AND CLINIC NEWSCALIFORNIA SUPREME COURT SIDES WITH CLINIC ON PRIVACY CASEThe Samuelson Law, Technology, and Public Policy Clinic won an important case before the California Supreme Court, People v. Macabeo. The issue was whether officers who stop someone for a traffic infraction can do a full “search incident to arrest” and then decide, based on what the search reveals, whether to arrest, cite or release the person. In this case, police stopped defendant Paul Macabeo in 2012 for a minor bicycle infraction. Police searched Macabeo’s cell phone without a warrant—and then arrested and jailed him after finding pornographic photos on his phone. Assistant Clinical Professor Catherine Crump and Professor Charles Weisselberg supervised teams of students on briefs. Weisselberg argued the case in the California Supreme Court. The court ruled that officers could not search cell phones unless they had probable cause to believe that a crime had occurred.

CLINIC LEADS NATIONAL EFFORT TO END DISCRIMINATORY JUVENILE JUSTICE FEES

A major Policy Advocacy Clinic (PAC) report prompted several California counties to eliminate or reduce draconian juvenile justice fees that disproportionately affect families of color. The fees fall especially hard on low-income families and result in large bills they cannot afford to pay. Cited by The New York Times and U.S. Justice Department in urging reform, that work led to a major grant positioning PAC to spearhead a similar nationwide effort. The clinic also helped develop legislation which would end these fees in California.

The bill is on the governor’s desk for signature.

NEW LAB TRAINS STUDENTS TO GATHER HUMAN RIGHTS ABUSES EVIDENCEBerkeley Law’s Human Rights Center has launched the Human Rights Investigations Lab, the first university-based lab of its kind. It has trained over 60 graduate and undergraduate students to conduct “open source investigations” of human rights cases. The students use publicly available data and cutting-edge techniques to verify videos and photos from war zones for use in human rights reports and news stories. They document evidence of genocide, crimes against humanity, and war crimes to preserve for criminal courts worldwide.

Students have logged more than 6,000 hours analyzing and authenticating videos of atrocities in countries such as Syria, Yemen, Egypt, Bahrain, Democratic Republic of Congo, and Myanmar.

STARTUP@BERKELEYLAW TO AID

UNDERREPRESENTED ENTREPRENEURS Startup@BerkeleyLaw, the Berkeley Law initiative that helps

new business ventures take flight, has launched a program to help underrepresented entrepreneurs find success in Silicon Valley. “In Silicon Valley, it’s all about who you know, and not just about your idea for a new product or service,” said Professor Robert Bartlett. “Unfortunately, the attorneys and investors that dominate the industry struggle in connecting

with entrepreneurs from underrepresented communities.” Access to Entrepreneurship will educate entrepreneurs on how to start and grow their businesses and connect with investors, law students, attorneys, and other startup founders.

CLINIC FORCES STATE TO RELEASE CELL PHONE RADIATION DATAThe Environmental Law Clinic won a final legal ruling that forced the California Department of Public Health to release guidelines on the risks of cell phone radiation and ways to mitigate exposure. The agency had analyzed the scientific data, but suppressed its own findings. After several failed Public Records Act requests, a suit was filed with clinic director Claudia Polsky serving as lead counsel.

NEW REPORT FAULTS CALIFORNIA’S ELECTRONIC MONITORING OF YOUTH The Samuelson Law, Technology & Public Policy Clinic and the East

Bay Community Law Center have collaborated on the first report to analyze juvenile electronic monitoring programs in California. According to “Electronic Monitoring of Youth in the California Juvenile Justice System,” many young people wearing electronic monitors are only allowed to leave the house to attend

school, and must obtain special permission days in advance for medical appointments, sports or other outdoor events. Overall, the programs raised privacy concerns, and found the restrictions were often too vague or overly rigid and disproportionately burdened youth of color and low-income families. “We learned that the monitors may be setting kids up for failure,” said Catherine Crump, director of the Samuelson Clinic. “The terms are too onerous, kids are monitored for too long, and the rules are arbitrarily enforced.”



ASIA IP EXPERT TO JOIN TECHNOLOGY LAW CENTER Mark Cohen is joining Berkeley Law to launch the Berkeley Center for Law and Technology’s new Asia IP Project after he concludes work as senior counsel and senior advisor to the Undersecretary of Commerce and Director of the US Patent and Trademark Office. Cohen is widely recognized as the leading U.S. expert on

intellectual property law in China. For over 30 years, he has practiced, written about, and taught intellectual property and international trade law, always with a focus on Asia. He will help design the Asia IP Project, and develop new, collaborative relationships with academic institutions and other partners in Asia. He will also teach, research, and write on IP issues and organize workshops, conferences, and other events.

HUMAN RIGHTS CLINIC WORK FEATURED IN NYTThe International Human Rights Law Clinic’s work representing Colombian victims of a drug lord extradited to the United States received front page coverage by The New York Times. The Times investigation illuminated how a group of Colombian paramilitary leaders who were extradited to the U.S. were handsomely rewarded for pleading guilty and cooperating with the American authorities. The article also describes the struggle of the family of Julio Henríquez, a Colombian anti-

cocaine activist killed by extradited drug lord Hernán Giraldo Serna. Because of IHRLC students and clinic co-counsel Wilson, Sonsini, Rosati and Goodrich, a federal district judge recognized the rights of the Henríquez family under the Crime Victims’ Rights Act to speak at sentencing of a paramilitary leader.

STUDENTS HELP FORCE NEW TRIAL IN DEATH PENALTY CASEThe Death Penalty Clinic last year helped secure the reversal of Thao Lam’s conviction and death sentence in Louisiana based on the state’s failure to provide Mr. Lam with constitutionally adequate language interpreting during his capital trial. The state supreme court had remanded the matter back to the trial court to address questions about subpar interpretation services given to Lam, who is Vietnamese, at trial. After an evidentiary hearing, the trial judge ordered that Lam receive a new trial, thanks in significant part to the clinic’s work. No longer on death row, Lau now awaits a new trial or possibly an alternative resolution of his case.

CENTER AND CLINIC NEWS

ii | UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

www.law.berkeley.edu

UNIVERSITY OF CALIFORNIA, BERKELEY

SCHOOL OF L AW

BOALT HALL #7200

BERKELEY, CA 94720-7200

510.642.1741

Documents

RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS€¦ · RECENT ACCOMPLISHMENTS AND FACULTY PUBLICATIONS | 3 newspapers across the country. He frequently argues appellate cases, including