In the News -- Faculty
In the News: Profs. Andrew Guzman and Katerine Linos on “Suddenly Europe’s far right loves human rights courts”
We see no perfect solution to the problem of human rights backsliding. This is not good news, but it is surely better to recognize the risk than to ignore it. Turning a blind eye to the potential for backsliding and assuming that international agreements and courts can only lead to improved human rights is surely more dangerous than acknowledging the fact that reality is more complex.
In the News: Prof. Kate Jastram on “What Makes Someone a Refugee?”
For most people, the colloquial sense “refugee” carries a greater moral weight than “immigrant.” “Particularly because refugee law grew out of the Second World War and what happened – and didn't happen – for people who were trying to flee for their lives, there is a tremendous moral connotation to the word ‘refugee,’” Jastram said.
Saira Mohamed Elected to Membership with the Council on Foreign Relations
Professor Saira Mohamed has been elected to a five-year membership term with the Council on Foreign Relations, as part of its Stephen M. Kellen Term Member Program. The Council on Foreign Relations is an independent, nonpartisan membership organization, think tank, and publisher.
The Program encourages promising young leaders in government, media, nongovernmental organizations, law, business, finance, and academia to engage in a sustained conversation on international affairs and US foreign policy. The program allows these younger members to interact with seasoned foreign-policy experts and participate in a wide variety of events designed especially for them. Each year a new class of term members, between the ages of 30 and 36, is elected.
In the News: Berkeley Law Professors on Wartime Compensation, International Law Training, a Chinese Land Conflict, and the Death Penalty
Richard Buxbaum quoted in Reuters (May 12, 2014) on "Hundreds of Chinese families seek wartime compensation from Japan":
The families base their claim on the belief that Beijing did not forfeit the rights of individual war victims to seek compensation…. “German courts, interestingly enough, do not read these treaty waivers as barring such direct suits,” Richard Buxbaum, an expert on international reparations, said in emailed comments. He added that the courts, however, do bar them on other grounds such as statutes of limitations and prescriptions against “old” claims.
Andrew Guzman cited in US News & World Report (May 14, 2014) on "International law programs prepare students for a global career":
A school that's invested in training students for international law will likely offer a variety of courses within this topic, experts say. At Berkeley, students can take classes such as public international law, human rights and humanitarian law, international trade, international investment law or myriad other classes, Guzman says. It all depends on what kind of law career they want to have and their interests.
Stanley Lubman writes for The Wall Street Journal (May 14, 2014) on "The deadly tent fire that China doesn’t want people to talk about":
A grisly crime arising out of a clash over land rights in eastern China’s Shandong is the latest illustration of a critical disconnect among farmers, local village authorities and the central government, which has pledged land reforms that have not yet been enacted.
Saira Mohamed writes for Verdict (May 14, 2014) on "The death penalty in the United States and the force of regional human rights":
Human rights law gets a bad rap for many reasons: because in most cases it has no “teeth,” no courts or armies to enforce it; or because its purportedly universal rights protect only individuals with power or voice, or only those lucky enough to live in the countries that believe they are indeed rights. The European restrictions on the export and production of lethal injection drugs, however, indicates the power of human rights law, even when protections are limited to a particular region.
Miller Faculty Co-Director Featured in Transcript
Professor Kate Jastram, Faculty Co-Director of the Miller Institute, was one of the four Berkeley Law center directors who were highlighted in the Spring 2014 edition of Berkeley Law's Transcript magazine. According to the article, Professor Jastram "wants Boalt to become ground zero for US students pursuing international law by 'creating more opportunities for them to enter it.'"
Read the article here.
(left to right) Kate Jastram with Jonathan Simon,
Dimple Abichandani, and Rebecca Golbert
(photo by Jim Block)
Release of Miller Institute Annual Report 2013-2014
The Miller Institute has just released its annual report for the academic year 2013-2014.
To read the report, please click here.
Honors for Katerina Linos
Professor Katerina Linos has been honored with two awards for her book on The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries:
▪ The 2014 Chadwick Alger Book Prize for the best work published in 2013 in the area of multilateralism and global governance. The Prize is awarded annually by the International Organization Section of the International Studies Association.
▪ The 2014 Giovanni Sartori Book Award from the American Political Science Association, which recognizes excellence in the development or application of qualitative methods.
In addition, Professor Linos and her co-author, Kim Twist, a Ph.D. student in Political Science, have won the best conference paper from the Law and Courts Section of the American Political Science Association (APSA) for their article on “The Supreme Court, the Media and Public Opinion: Comparing Experimental and Observational Methods.”
Stavros Gadinis Awarded Hellman Fellows Fund
Professor Stavros Gadinis was awarded a significant sum from the Hellman Fellows Fund at UC Berkeley. The Fund was established by the late Warren Hellman in 1995 “to support substantially the research of promising assistant professors who show capacity for great distinction in their research.” He is the fourth law professor to get this fellowship – the two immediately before him were Berkeley Law Professors Karen Tani and Katerina Linos.
His project on Global Technocrats examines how informal international bodies (distinguishing between networks of private parties, regulators and ministry executives) organize their internal governance and drafting process to best promote their standards.
Rachel Stern Cited for Outstanding Scholarship
Professor Rachel Stern received an Honorable Mention for the Herbert Jacob Book Award from the Law & Society Association for her first book, Environmental Litigation in China: A Study in Political Ambivalence (Cambridge, 2013). Established in 1996, the award is intended to recognize new, outstanding work in law and society scholarship.
From the Cambridge University Press website: "In a country known for tight political control and ineffectual courts, her book unravels how everyday justice works: how judges make decisions, why lawyers take cases and how international influence matters. It is an account of how the leadership’s mixed signals and political ambivalence play out on the ground -- propelling some to action, even as others back away from risk."
Berkeley Law at American Society of International Law Annual Meeting 2014
Berkeley Law was out in force at April’s Annual Meeting of the American Society of International Law (ASIL), held in Washington, DC from April 7-12, 2014. Mariel Bird (’15) attended as a Miller Fellow, a Miller Institute initiative begun in 2013 to provide a current student with the unparalleled opportunities for knowledge and networking found at ASIL. Among the many alums participating in the meeting, International Court of Justice (ICJ) Judge Joan Donoghue (’81) was honored along with the two other female ICJ judges at a special luncheon that also featured former U.S. Supreme Court Justice Sandra Day O’Connor. Donoghue is the first American woman and only the third woman of any nationality to be elected to the fifteen-member ICJ since its inception in 1945.
Professor Saira Mohamed presented her work as part of a “New Voices” panel on Making International Criminal Law More Effective. Professor Kate Jastram (’87) was elected vice chair of the Lieber Society, ASIL’s international humanitarian law/law of armed conflict interest group. Several other Berkeley Law faculty hold ASIL leadership positions, including Executive Council member Professor Andrew Guzman and human rights interest group co-chair Saira Mohamed. Professor Mohamed served on this year's selections committees for the ASIL Book Awards and the Helton Fellows Program. Professors Mohamed and Jastram were also recognized for serving as mentors in the inaugural year of ASIL’s Women in International Law Mentoring Program.
David Bowker (’99), chair of WilmerHale’s International Litigation/Controversy Working Group, hosted an alumni reception at WilmerHale where Professor Jastram gave an update on international law developments at Berkeley Law.
Prof. Kate Jastram and David Bowker (’99)
New Publications from Berkeley Law’s International Law Faculty
Berkeley Law’s faculty continue to break new ground in research and publications on international law. Works from Kenneth Bamberger, Richard Buxbaum, Daniel Farber, Stavros Gadinis, Andrew Guzman, Kate Jastram, Katerina Linos, Prasad Krishnamurthy, and David Oppenheimer exemplify this tradition of scholarship nurtured at Berkeley Law. Subjects include the history of legal reparation claims in Europe after World War II; studies on the human cost of climate change, the impact of climate change on disaster law, and national security concerns to climate change-related forced migration; an international study of the increased involvement of politicians in financial regulation; and a study of the relationship between religiosity and support for same-sex marriage in the United States and Europe.
For more information on these articles, including their abstracts, click here.
Stanley Lubman Receives 2014 Distinguished Columbian Award
Stanley Lubman, Senior Fellow at the Miller Institute and Distinguished Lecturer in Residence (emeritus) at Berkeley Law, has been selected as the 2014 Distinguished Columbian. The Distinguished Columbian in Teaching Award is presented annually by Columbia Law School to a graduate who, through excellence in teaching, scholarship and writing, and through achievements in the graduate's chosen field, has brought distinction both to the Law School and to the faculties on which the graduate has served. Professor Sandy Kadish is a former award winner.
Professor Lubman received the award at a reception in New York City on January 3. David Schizer, dean of Columbia Law School, and Benjamin Liebman, director of the Center for Chinese Legal Studies at Columbia, presided over the ceremony, which drew members of the faculty and dozens of alumni and friends of the Law School – despite the first major winter snowstorm of the New Year. The event was held in conjunction with the annual meeting of the Association of American Law Schools.
For more background on Professor Lubman’s career, click here.