Press

Rick Frank Notes Impact of Rare Legal Doctrines in Environmental Lawsuits

San Francisco Daily Journal, Dec. 3, 2008 by Fiona Smith
http://www.dailyjournal.com (requires registration)

This suit is markedly different because it invokes potentially powerful but rarely used legal doctrines such as the public trust doctrine and reasonable use, said Richard Frank…. “Various people have been advancing the notion that these legal doctrines have direct relevance to the environmental problems currently facing the delta. This lawsuit brings that theory front and center,” Frank said.

 

Chris Edley and Dan Farber Bemoan State Cuts to Education

Daily Californian, Dec. 3, 2008 by Stephanie Lee
http://www.dailycal.org/article/103778/top_uc_campus_officials_gather_to_discuss_budget_w

Looking beyond the UC system, Edley said he perceives public education throughout the state as “broken” overall. “The vast majority of students leave without having achieved a certificate, much less a degree,” he said.

Dan Farber, a professor at Boalt Hall School of Law, said that he left last night’s panel discussion impressed—but worried for the future of higher education in California. “It’s remarkable that the campus and UC have managed to maintain their quality while being starved to death,” he said

 

Jesse Choper and Dan Farber Scoff at Lawsuit Citing Ineligibility Clause to Block Clinton Appointment

The Washington Times, Dec. 3, 2008 by Christina Bellantoni
http://washingtontimes.com/news/2008/dec/03/clinton-challenged-in-key-cabinet-role/print/

“The courts would decline to hear that lawsuit on the grounds that this is a matter to be resolved in a political process,” Mr. Choper said.

Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year. “The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.

 

Rick Frank Explains Need for Cost-Benefit Analysis in Environmental Policy

San Francisco Daily Journal, Dec. 1, 2008 by Lawrence Hurley

http://www.dailyjournal.com (requires registration)

“It’s important as a matter of deciding the role dollars and cost consideration should play in charting environmental policy,” said Richard Frank, executive director of the California Center for Environmental Law and Policy at UC Berkeley School of Law.

 

Anne O’Connell Explains Intent of “Midnight Regulations”

NPR, News & Notes, Nov. 20, 2008 by Farai Chideya
http://www.npr.org/templates/story/story.php?storyId=97260899

“I think every outgoing president—Republican or Democrat—wants to extend his administration’s reach, so in the final months we see an attempt at locking in controversial policy decisions. Even if some of these decisions can be undone, the effort that the new administration has to put into undoing them prevents the new administration from starting their own regulatory agendas.”

 

Chris Edley Supports Legal Argument against Prop 8

San Jose Mercury News, Nov. 19, 2008 by Howard Mintz
http://www.mercurynews.com/ci_11024156

Some conservative legal scholars say the Supreme Court has “no lawful authority” to upend the voters on the subject. But a string of prominent law professors have sided with gay rights advocates, including Harvard law professor Laurence Tribe and Christopher Edley Jr., dean of Boalt Hall School of Law.

 

Holly Doremus Criticizes Supreme Court Navy Sonar Ruling

Slate.com, Nov. 14, 2008 by Holly Doremus
http://www.slate.com/id/2204591/

“If the lower court was cavalier about the national-security interest, Roberts was equally so about the environmental interests at stake. He acknowledged the bland possibility of unspecified harm to an unknown number of marine mammals but not the detailed evidence of strandings, ear injuries, the bends, and ‘profound behavioral changes’ that had motivated the lower courts’ conclusions.”

 

Chris Edley Relishes Obama Advisory Role from a Distance

Politico, Nov. 14, 2008 by Ben Smith and Carrie Budoff Brown
http://dyn.politico.com/printstory.cfm?uuid=993F42D8-18FE-70B2-A867FEB3D9F4D971

“This is a good way to try to be helpful without giving up my new life at Berkeley,” said Edley, who is now dean of the law school at the University of California at Berkeley, in an email.

 

Holly Doremus Analyzes Supreme Court Ruling on Navy Sonar

KPCC-FM (NPR), Nov. 12, 2008, Hosted by Patt Morrison
http://www.scpr.org/programs/pattmorrison/listings/2008/11/pattmorrison_20081110.shtml

“The president is the commander-in-chief of the military. If the president says to the military, ‘No you don’t need to perform these exercises,’ that’s his or her prerogative. So it’s not that the military operates without control, it’s that the court in this case can’t exercise this particular type of control. It would have to come through the executive branch or through Congress.”

 

Rick Frank, Jesse Choper Note Significance of California Supreme Court Conference

The Recorder, Nov. 11, 2008 by Mike McKee
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202425925722

“A number of people here on the faculty of the law school got to thinking about the important institutional and leadership role of the California Supreme Court,” Frank said…. It’s an opportunity to move beyond individual cases and individual disputes and subject matters and take … a more holistic view of the institution … its role in the California judicial system and the American judicial system.”

UC-Berkeley School of Law professor Jesse Choper, who was among the professors who came up with the idea for the event, said the aim is to “shed some light, share some information [and] generate some ideas on what are considered to be five important areas of law that affect California and the country.”

 

Chris Edley and Susan Gluss Discuss Law School Role in Obama Transition

The Daily Californian, Nov. 10, 2008 by Samantha Sondag
http://dyn.politico.com/printstory.cfm?uuid=86F827D4-18FE-70B2-A81ABF7BB95B96F9

“For professional and personal reasons, I want to stay at Berkeley,” Edley stated in an e-mail. “I already served in the White House under Presidents Carter and Clinton, and this time would prefer lending a hand from a distance.”

“A number of law school scholars are being considered for those transition teams,” said Susan Gluss, spokeswoman for Boalt Hall.

 

Chris Edley Reflects on Obama Victory

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/09/INDN13VUV3.DTL&type=printable

“Hope alone cannot change America or the world, as our president-elect understands well. But it is more than a beginning. It is the most powerful force for change our natures can summon. What will Obama do with it? What will we do with it?”

 

Chris Edley Believes Obama Will Encourage Civic Engagement

San Francisco Chronicle, Nov. 6, 2008 by Tyche Hendricks, Matthai Kuruvila, and Leslie Fulbright
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/06/BAIV13USV3.DTL

Leadership is important, agreed Christopher Edley, dean of the UC Berkeley School of Law and a member of Obama’s transition advisory board, but Obama’s instinct, as a former community organizer, is to encourage Americans not just to look to him to solve their problems but to look to themselves and their neighbors. “He wants the lesson to be that as individuals and communities, we have the power to create change and there are countless ways to do that, not just in Washington but in our local communities,” said Edley, who was Obama’s professor at Harvard Law School.

 

Dan Farber Expects Growth in Clean-Energy Technology under Obama Presidency

CNET, Green Tech Blog, Nov. 5, 2008 by Martin LaMonica
http://news.cnet.com/8301-11128_3-10082064-54.html

“The election is over. Now the hard work begins,” wrote Dan Farber, a professor of law at the University of California at Berkeley and a member of the lobbying group Cleantech & Green Business for Obama. “Change is on the way.”

 

Chris Edley Advises Obama’s Transition Team

Contra Costa Times, Nov. 5, 2008 by Josh Richman
http://www.ibabuzz.com/politics/2008/11/05/cal-law-dean-to-advise-obama-transition-team/

“I’ve done two tours of duty in the White House and this is my third transition effort,” Edley told me moments ago. “My joyfulness about the election is tempered by a very deep appreciation of how extraordinarily difficult the president’s to-do list will be. The team has been working for a couple of months, but this will still be the most complex transition in our lifetime. The sleeves are already rolled up and the adrenaline is already at flood levels.”

 

Rick Frank Says Public Trust Doctrine a Valuable Tool for Protecting Environment

San Francisco Daily Journal, Nov. 4, 2008 by Fiona Smith
http://www.dailyjournal.com

“You don’t have to wait until a particular species is threatened with extinction before taking action to protect it,” said Frank. The court’s opinion could put additional pressure on government agencies to step up in their roles as public trust protectors—the doctrine could be used to preserve long term fishing stocks or block plans to fill a wetland that provides bird-nesting habitat, he added.

 

Chris Edley Thanks Coblentz Firm for Generous Endowment Fund

dBusinessNews, Nov. 4, 2008

http://sanfrancisco.dbusinessnews.com/shownews.php?newsid=170039&type_news=latest

“It is our great honor that Bill and his law firm have chosen to continue his longstanding, generous support of civil rights by establishing the Coblentz Fund,” said U.C. Berkeley School of Law Dean Christopher Edley…. Endowments like the Coblentz Fund are critical to the important mission of preparing future generations of leaders who are passionate about civil rights. We are both grateful and honored for this opportunity to continue Bill’s legacy at Berkeley Law.”

 

Dan Farber Supports Cities Rights to Regulate Street Shrines

San Francisco Chronicle, Nov. 4, 2008 by Chip Johnson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/04/BAF013TFRH.DTL

“Cities are well within their legal rights to regulate speech—and in this case, the right to assembly—when it can show a compelling government interest, such as curbing retaliatory violence,” said Dan Farber, constitutional law professor at UC Berkeley.

 

Chris Edley Warns Polling Places Under-Equipped in Poor Neighborhoods

The Record, Nov. 2, 2008 by Chris Edley
http://www.northjersey.com/opinion/moreviews/33709679.html

“Voting is a fundamental right, but as I saw on the Carter-Ford commission and again as a member of the U.S. Civil Rights Commission, Election Day resource disparities have enormously different racial and class impacts that are based on the dynamics of power and poverty.”

 

Chris Edley Warns Long Poll Lines May Disenfranchise Voters

NPR, Tell Me More, Oct. 31, 2008 with Host Michel Martin
http://www.npr.org/templates/story/story.php?storyId=96373763

“People died, people bled to get voting rights. And to have this election, the quality of this election, the enthusiasm that so many voters feel about this election, imperiled because of maladministration would be deeply tragic, especially when it’s easy to fix.”

 

Chris Edley Demands Equal Protection of Voting Rights

The Washington Post, Oct. 28, 2008 by Christopher Edley, Jr.
http://www.washingtonpost.com/wp-dyn/content/article/2008/10/27/AR2008102702405_pf.html

“Suppose in your neighborhood there are 600 registered voters per machine, while across town there are only 120 per machine…. On Election Day, your line wraps around the block and looks to be a four-hour wait, while in other areas lines are nonexistent. This ought to be a crime. It amounts to a “time-tax” on your right to vote, and some of your neighbors will undoubtedly give up and go home…. Voting rights advocates, watching this slow-motion train wreck that could disenfranchise so many minority voters, have filed emergency litigation in Virginia and Pennsylvania.”

 

Dan Farber Notes Stark Difference between Obama and McCain’s Energy Plans

San Francisco Chronicle, Oct. 24, 2008 by Dan Farber
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/24/EDHR13M9OL.DTL&hw=apples+oranges+farber&sn=001&sc=1000

“Obama has proposed specific incentives and regulatory mandates, where McCain expresses only a vague hope that tax credits and prizes will stimulate change. If we have learned nothing else from 30 years of U.S. environmental law, it is that goals count for little without concrete legal strategies for accomplishing them.”

 

Eric Biber Criticizes Administration’s Fast Review of Endangered Species Act Comments

Associated Press, Oct. 21, 2008 by Dina Cappiello
http://news.yahoo.com/s/ap/20081021/ap_on_go_ca_st_pe/bush_endangered_species

“It would seem very difficult for them in four days to respond to so many thoughtful comments in an effective way,” said Eric Biber…. Along with other law professors across the country, Biber sent in 70 pages of comment.”

 

Chris Edley Believes Racism Threatens Americans’ Economic Security

USA Today, Oct. 15, by Sheryl McCarthy
http://blogs.usatoday.com/oped/2008/10/the-nations-cha.html

“Whether you’re talking about financing Social Security or about the basic social cohesion of the country, if our racial trends cause a continuation of our inequality trends, we’ll be in very deep trouble,” says Christopher Edley, the dean of the Boalt Hall Law School at the University of California, Berkeley.

 

Eric Biber Criticizes Administration’s Plan to Weaken Endangered Species Act

The Miami Herald, Oct. 14, by Renee Schoof
http://news.yahoo.com/s/mcclatchy/20081014/sc_mcclatchy/3072395

“The rules are overbroad, rushed and possibly illegal,” Biber said. “Given the timing of the proposed changes, it’s clearly an effort by the administration to weaken the regulations before President Bush leaves office.”

 

Rick Frank Explains Cluster of 9th Circuit Environmental Cases at Supreme Court

San Francisco Daily Journal, Oct. 8, by Lawrence Hurley
http://www.dailyjournal.com/law/index.cfm

Richard M. Frank … countered that the concentration of 9th Circuit cases is simply due to the fact that it hears more environmental cases than other circuits. “That’s an objective fact,” he said…. Frank, for one, is pleased that the court is taking more environmental cases than it has in recent years. “It signals a renewed interest in environmental law,” he said.

 

Rick Frank Notes Resurgence of Public Trust Doctrine in Environmental Cases

San Francisco Daily Journal, Oct. 7, by Richard M. Frank
http://www.dailyjournal.com/law/index.cfm

“The EPIC, Zack’s and CBE decisions signal a reawakening by environmental litigants to the challenges and opportunities presented by the public trust doctrine as a tool of environmental advocacy. Similarly, the thoughtful treatment of public trust principles in each of these decisions underscores the fact that California’s judiciary continues to take the doctrine seriously, and to view public trust principles as a major component of modern environmental law and policy.”

 

Rick Frank Calls for Protection of California’s Water Supply and Delta Ecosystem

California Magazine, September/October, by Kerry Tremain
http://alumni.berkeley.edu/California/main.asp

“The fundamental responsibility of government is not to put citizens in harm’s way,” says Rick Frank…. The first order of business, Frank believes, is to “draw a line in the peat”—to stop further urbanization of fragile areas now.

 

 

Chris Edley Blames Congress for Dearth of Public Service Jobs

National Law Journal, September 15, by Peter Page
http://www.law.com/jsp/article.jsp?id=1202424501401

“There are not enough public service jobs for the lawyers who want them,” he said. “That is the real obstacle to having a larger portion of our students in public service.” He added: “Congress is getting off easy wrapping itself in glory for passing debt forgiveness while slashing legal aid funding.”

 

Chris Edley Lauds Obama’s Commitment to Education Reform

The New York Times, September 10, by Sam Dillon
http://www.nytimes.com/2008/09/10/us/politics/10educate.html?sq=Berkeley&st=cse&scp=3&pagewanted=print

“Barack became committed to the notion that progress in school reform can’t come through volunteerism and professional aspiration alone,” said Mr. Edley. “It has to be undergirded with a legal and regulatory structure that rewards success and goes after failure.”

 

Rick Frank Predicts Court’s Athletic Center Ruling Will Hold

The Daily Californian, September 5, by Will Kane
http://www.dailycal.org/article/102479/court_uc_berkeley_can_build_athletic_center

“I don’t think it is a definitive signal, but it certainly is a signal,” he said. “One can infer the court has made a preliminary opinion.”

 

Chris Edley Supports Full Convention Voting Rights for Michigan and Florida

-Associated Press, August 24, by Stephen Ohlemacher
http://www.herald-dispatch.com/elections/x809657502/Dems-give-Michigan-and-Florida-full-voting-rights

Democrats hope the gesture will strengthen their standing in two important battleground states while ending a contentious chapter of the nominating process. “The only way we will be successful is if we are unified as a party and all Democrats know we are full partners,” said Chris Edley, Jr., a committee member from California who introduced the resolution to restore Florida’s votes.

-The Ledger, August 24, Lloyd Dunkelberger
http://www.theledger.com/article/20080824/NEWS/808240385&title=All_Fla__Delegates_in_Place

“The only way we will be successful is if we are unified as a party,” said Chris Edley, a committee member from California and a Berkeley law professor who once taught Obama.

 

Chris Edley Describes Obama’s Approach to Education Policy

The New York Sun, August 22, by Elizabeth Green
http://www.nysun.com/national/mystery-emerges-on-where-obama-stands-in/84433/?print=4139890221

“There is no education policy Svengali or Rasputin,” Mr. Edley said. “His approach has consistently been to try to ignore the politics and the factions and focus on sensible policies that have a basis in the research, and let the chips fall where they may.”

 

Eric Biber Clarifies Courts’ Position on Trespass Laws

Press Democrat, August 21, by Nathan Halverson
http://www.pressdemocrat.com/article/20080821/NEWS/10644/1033/news&title=Google_claims_right_to_post_photos_from_private_land

Eric Biber … said California courts can be quick to enforce trespass laws. “The court system is often very protective of people’s rights to keep people off their land,” Biber said. “It may be hard for (Google) to avoid liability.”

 

David Caron Supports Ratification of UN Convention on Law of the Sea

PBS,Online NewsHour, August 20, by Talea Miller
http://www.pbs.org/newshour/updates/science/july-dec08/arctic_08-20.html

“I don’t know of any treaty so widely supported,” said Caron. “It gives us procedures; it gives us common language and will facilitate greatly the U.S. advancing its own interests.”

 

Dan Farber Says No-Fly Ruling by Ninth Circuit Will Have Wide Impact

KQED, August 20, by Peter Schuller
http://www.kqed.org (news story not online)

UC Berkeley School of Law Professor Dan Farber said the ruling won’t have a direct impact outside the Ninth Circuit, but it might have an indirect influence…. “If there are appellate circuits that haven’t considered this issue, it could be influential partly because of the author of the opinion.”

 

Rick Frank on Policy Impact of Bay-Delta Court Ruling

San Francisco Daily Journal, June 6, by Laura Ernde
http://www.dailyjournal.com [Registration required]

“Business as usual, in terms of water diversion, is basically at an end.… It’s an important policy decision. It speaks some broader truths and I think some of the language that is in there is going to influence policy-making by the other two branches of government.”

 

Rick Frank Comments on Impact of Prop. 99

San Francisco Daily Journal, June 5, by Peter Matuszak
http://www.dailyjournal.com [Registration required]

“I think the opponents of Prop. 99 are correct and probably it will not have that much on-the-ground impact.… In recent years since Kelo, we have rarely seen it used in California to condemn owner-occupied, single-family homes. That behavior and government conduct hadn’t occurred more in California, according to most studies.”

 

Chris Edley Eyes Obama’s Next Steps

Oakland Tribune, June 3, by Tammerlin Drummond
http://www.insidebayarea.com/oaklandtribune/elections/ci_9471385

Chris Edley, a senior advisor for the Obama campaign … says he is already focused on what comes next in the general election…. “If he wins,” Edley said, “he’s going to need to have the moral power to tackle the big challenges.”

 

Chris Edley Says Obama Will Involve Clinton on Critical Issues

Oakland Tribune, June 2, by Angela Woodall
http://www.insidebayarea.com/ci_9460127?source=most_emailed

Finding solutions to the daunting problems facing the country will take a president with “extraordinary intelligence, extraordinary political skills and an imperturbable moral compass.”

 

Rick Frank Predicts Legal Onslaught if Proposition 98 Passes

-San Francisco Chronicle, May 20, by Deborah Saunders
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/20/EDVT10N2DQ.DTL

Rick Frank told me, “If Proposition 98 passes, it will be the property-rights and eminent-domain lawyers full employment act.”

-Contra Costa Times, May 25, by Richard Frank
http://www.contracostatimes.com/berkeleyvoice/ci_9271750

“Both propositions are vague as to when state government would be able to condemn property to prevent criminal conduct (e.g., crack houses) or protect public health and safety interests from hazardous waste sites.”

-KTVU Evening News, May 27, by Jim Vargas
[Link not available]

“Proposition 98 goes far beyond what is being advertised as the ‘save my home’ initiative … Water storage projects, water transfer projects, flood control measures and the like would all be threatened and perhaps impossible if Proposition 98 were to be enacted by the voters.”

-San Francisco Daily Journal, May 28, by Richard Frank
[Registration required, or go to G:\Law School in the News\News Clips]

“Californians can expect a great deal of litigation over the initiatives. A successful Proposition 98, in particular, promises to be the subject of numerous lawsuits that will likely be needed to resolve definitively the scope and meaning of that measure. Conversely, if both Propositions 98 and 99 are defeated at the polls, it can be safely predicted that California’s longstanding legal and policy debate over eminent domain, rent control and property rights will continue well past June.”

-ABC7-TV News, May 29, by Dan Ashley
http://abclocal.go.com/kgo/story?section=news/assignment_7&id=6173232

An independent analysis by the University of California Center for Environmental Law and Policy found confusing language in both propositions…. “My sense is that if Proposition 98 is enacted, we will see a great deal of litigation to address a number of the key ambiguities in that measure,” says Richard Frank with the Center for Environmental Law and Policy.

 

Chris Edley Cites Law Professor’s Academic Freedom

San Francisco Chronicle, May 18, by Carolyn Jones
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/18/BAOK10OF9L.DTL

Yoo is not likely to be fired for his political views, Boalt Dean Christopher Edley Jr., wrote in a memo last month…. While many of his colleagues and students are disturbed by Yoo’s opinions, Yoo is protected by the First Amendment and campus policies on academic freedom, Edley wrote.

 

Chris Edley and Maria Echaveste Discuss Campaign Race and Gender Wars

PBS Bill Moyers Journal, May 16
http://www.pbs.org/moyers/journal/05162008/watch.html

Maria Echaveste: Hillary Clinton did not get a fair chance with both media perspectives and the subtleties on gender discrimination. I think … there’s a zone of protection around Senator Obama on race where none existed on gender.… It also raised all kinds of pretty misogynistic views about women and that woman in particular. And a lot of women are angry about it.

Chris Edley: The real challenge of leadership is to find ways to talk about the things that divide us and help us figure out how to bridge those not by ignoring them but by, in some sense, overcoming them, resolving them, accommodating them.… I’m not for ignoring race in the sense that it can’t be ignored. It’s going be there no matter what. If you ignore it in the sense of simply not talking about it then you’ve failed to do anything effectively to deal with the cancer.

 

Chris Edley on Professional Accountability and Academic Freedom

East Bay Express, May 14, by Robert Gammon
http://www.eastbayexpress.com/ebx/PrintFriendly?oid=727134

“Assuming one believes as I do that Professor Yoo offered bad ideas and even worse advice during his government service, that judgment alone does not warrant dismissal or even a potentially chilling inquiry.”

 

Rick Frank Criticizes Government Decision to Ignore Effect of Greenhouse Gases on Polar Bears

Contra Costa Times, May 14, by Mike Taugher
http://www.contracostatimes.com/nationandworld/ci_9261474

“The potential implications are limitless in terms of federal projects,” said Richard Frank.

 

Rick Frank Notes Rise in State Supreme Court’s Environmental Law Cases

San Francisco Daily Journal, May 6, by Laura Ernde
http://www.dailyjournal.com

“[The justices] are showing a level of engagement and interest that I haven’t seen since CEQA [California Environmental Quality Act] was enacted in the 1970s,” said Richard M. Frank…. “Thirty-eight years after the statute took effect, it’s still raising a lot of important and hotly debated issues.”

 

 

Rick Frank Says Endangered Species Act Can’t Protect Polar Bears from Climate Change

Daily Journal, April 30, by Fiona Smith
http://www.dailyjournal.com

“I think it will show up the potential and limitations of the Endangered Species Act as a tool of environmental policy making,” Frank said. “The ESA is more of a sledgehammer than a surgical instrument,” and it is “not the ideal means of addressing the extremely broad causes and effects of climate change.”

 

Chris Edley Congratulates Citation Award Winner Dale Minami

www.hapihour.org, April 25, by Keith Kamisugi
http://www.hapihour.org/?p=181

“Dale’s tireless commitment to civil rights has been an inspiration to his fellow lawyers and to the many disenfranchised groups he has so brilliantly represented,” said Berkeley Law Dean Christopher Edley, Jr. “His lifelong work as a champion of social justice fighting various forms of discrimination represents the very best of his profession, and is a shining example to everyone at Berkeley Law.”

 

Chris Edley, Stephen Bundy, and Howard Shelanksi Say New Faculty Hire Will Help Boost Bar-Pass Rate

The Recorder, April 24, by Petra Pasternak
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1208947728506

“Though our first-time pass rates remain markedly higher than the overall pass rate for ABA-accredited law schools, we do not regard the 2007 results as acceptable,” Edley wrote in a memo to third-year students and LL.M.s on April 17. “We do not yet know whether those results reflect statistical variation or real changes in preparedness among our graduates.”

Howard Shelanksi noted that 82 percent is not bad compared with the overall pass rates for the California bar. But that’s little comfort to Boalt students, he added. “We want to push back up to our historic levels of bar-pass.”

“The bar is the mother of all closed-book in-class exams,” Bundy said. “I think the hiring of Kristen [Holmquist] provides a chance for us to look at the way these issues play out through the curriculum.”

 

Chris Edley Emphasizes the Role Race Plays in National Issues

NPR, Tell Me More, March 26, by Michel Martin
http://www.npr.org/templates/story/story.php?storyId=89109192

“When [Barack Obama is] governing, race will be important simply because it’s required to address it, I believe, in order to forge the kind of moral and political consensus we need on issues whether it’s immigration or whether it’s when do we use troops abroad…. If you hide from the issue of race than you’re going to fail in your obligations as a leader to build bridges that will connect people across lines of class and color.”

 

Dan Farber Supports California’s Move to Regulate Out-Of-State Energy Suppliers

Climatewire, March 25, by Colin Sullivan
http://www.investorvillage.com/smbd.asp?mb=4632&mn=6612&pt=msg&mid=4416500

“I think the PUC [Public Utility Commission] has done about the best job it could in trying to set it up in a way that would hold up in court,” Farber said. “They’ve certainly thought hard about it.”

 

Rick Frank Believes Public Trust Doctrine Applies to Delta Ecosystem

Oakland Tribune, March 24, by Mike Taugher
http://findarticles.com/p/articles/mi_qn4176/is_20080323/ai_n24956434

“It seems that 22 years after the (appeals court) decision, the Delta is in worse shape,” said Richard Frank…. “The application of public trust values makes a lot of sense,” he said, adding that such a proceeding is “the unfulfilled legacy of the Mono Lake decision.”

 

Chris Edley Addresses Race and Gender in Presidential Campaign

Newsday, March 24, by Tom Brune
http://www.newsday.com/services/newspaper/printedition/monday/news/ny-usrace235624517mar24,0,4961041.story

“Obama’s success has exploded cynical preconceptions about the willingness of voters to cross the color line,” he said, “although it would be wrong to suggest that either race or gender is irrelevant….” The question is, Edley said, “Can the political process get beyond those simple but powerful, demography-driven narratives to appreciate the character, values and policies of three real people”?

 

Click the following link to read the article from the San Francisco Daily Journal:

"Holding Bush's Feet to the Fire on Species Protection: Lawyer's Efforts Were Integral in the Fight to List Polar Bears ad Threatened"