BCLT Uses $700,000 Kauffman Grant to Study IP and Entrepreneurship
The Berkeley Center for Law & Technology (BCLT) will direct a $700,000 grant from the Ewing Marion Kauffman Foundation awarded this fall to examine the relationship between intellectual property and entrepreneurship. The two-year interdisciplinary project will begin by focusing on aspects of the patent system that encourage or impede business ventures, particularly in high growth technology sector such as the computer software, Internet and biotechnology industries.

The grant will fund two research fellows and three to four student research assistants who will help formulate legal and policy proposals designed to mitigate obstacles and strengthen incentives for entrepreneurs.

"Our efforts will focus in particular on whether IP rules affect entrepreneurs differently than more established companies," says Robert Barr, BCLT executive director. "BCLT is uniquely positioned to open up this new area of research, and we are delighted to be partnering with the Kauffman Foundation."

Pamela Samuelson, a BCLT director and professor of law and information management, agrees. "Intellectual property is one of many policy levers that affect opportunities for engaging in entrepreneurship," she says.

Criminal Justice Expert David Onek Takes Reins at New Criminal Justice Center
David Onek, a leading expert in criminal and juvenile justice law and policy, has joined Boalt Hall as the first executive director of the Berkeley Center for Criminal Justice (BCCJ). His appointment comes as the law school expands its distinguished criminal law program to address the evolving challenges of crime, punishment and policing in contemporary society.

Onek, 36, brings considerable experience as a criminal justice policymaker, researcher and advocate to BCCJ. Most recently as deputy director of San Francisco Mayor Gavin Newsom's Office of Criminal Justice, Onek oversaw policy initiatives aimed at reducing gang violence, prioritizing public safety needs in each of San Francisco's police districts, developing a city-wide violence prevention plan and advancing regional alternatives to the California Youth Authority (now known as the Department of Juvenile Justice).

"We will sorely miss David's expertise and commitment in the Mayor's Office, but we are excited that he will be leading the new Berkeley Center for Criminal Justice," said Mayor Newsom. "We expect the center's work to be of great benefit to San Francisco, the rest of the state and the nation."

Read more.

Supreme Court Hears Argument on School Integration, Boalt is Amicus Counsel
The U.S. Supreme Court heard oral argument on December 4 in two major cases that seek to determine whether race may be used as a factor to achieve integrated K-12 public schools. Dean Christopher Edley and Professor Goodwin Liu filed an amicus curiae brief in October on behalf of 19 former chancellors of the University of California, urging the high court to affirm voluntary efforts by local school boards to maintain or create racial integration of public schools throughout California and the nation.

Edley and Liu, co-directors of Boalt's Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity, represent former chancellors from all 10 campuses of the University of California who filed the brief in their personal capacities. Liu, who attended oral arguments, described the court as "sharply divided" in its perception of how race is considered in the school assignment plans.

"In these cases, the Supreme Court will write perhaps the final chapter of Brown v. Board of Education's legacy in K-12 public education," Liu said, referring to the historical case in which a unanimous Supreme Court held that equal protection does not allow education to be provided on a segregated basis. "If Brown is used as a sword and not as a shield, it will result in a major cultural reworking of our understanding of Brown, which ended racial apartheid in this country," Liu added.

The court is expected to issue its decision in the spring. For more on the December 4 oral arguments in the cases, please read The New York Times article.

Tom W. Stoever, Jr. '90 Becomes Chair of the Boalt Hall Fund
Jim McManis '67 has passed the baton as chair of the Boalt Hall Fund to Tom Stoever '90. Currently a partner with Arnold & Porter, Stoever accepted the invitation earlier this fall.

Each year, a Boalt graduate is invited to serve as the chair of the Boalt Hall Fund, and to encourage fellow graduates to be active participants in the law school's future success by making a contribution. Gifts to the Boalt Hall Fund provide unrestricted support for the school's core activity — sustaining and expanding the school's important mission of educating leaders, creating knowledge, and making a difference in the world.

"I value the depth and breadth of my law school education and the life-long friends I made at Boalt," said Stoever. "I am proud to be a member of the Boalt community and hope others will join me in supporting the Boalt Hall Fund this year. Giving to the Boalt Hall Fund is a terrific way to show our appreciation for the great education we received and ensuring the law school's future success."

Ty Alper and Roxanna Altholz '99 Become Clinic Associate Directors
Ty Alper, previously a visiting assistant clinical professor of law, has been named associate director of the Death Penalty Clinic. Before joining Boalt Hall, Alper was a staff attorney at the Southern Center for Human Rights in Atlanta, where he represented Alabama and Georgia death row inmates in all stages of state and federal post-conviction proceedings. He also represented hundreds of Alabama prisoners in federal class-action litigation concerning unconstitutional conditions of confinement. Alper’s ties to Alabama, a state in which dozens of death row inmates are facing execution without counsel, have enabled the clinic to expand the number of clients it serves. He has also expanded the clinic’s role as a national capital defense resource through his creation of a web-based clearinghouse for pleadings and orders related to the nationwide constitutional challenges to lethal injection as a method of execution

Elisabeth Semel, clinical professor of law and director of the Death Penalty Clinic, said, "Ty has an infectious enthusiasm for teaching and litigation, which is surpassed only by his fine skills and dedication to our students and clients."

Roxanna Altholz '99, one of the first students to participate in Boalt Hall's International Human Rights Law Clinic (IHRLC) when it opened in 1998, has been appointed the clinic's new associate director. Altholz brings a distinguished record of international human rights work to IHRLC, where she has served as a clinical lecturer since 2005. Altholz spent a year in Kosovo as a United Nations legal advisor from 1999 to 2000, and has represented hundreds of victims in human rights litigation before the Inter-American Court as a staff attorney at the Center for Justice and International Law in Washington, D.C. Working with IHRLC students, Altholz has successfully represented victims in landmark cases that have improved human rights standards in Latin America.

"Roxanna was one of the first students in the clinic, and so her return as associate director feels like we have come full circle," said Laurel Fletcher, clinical professor of law and director of IHRLC. " I believe that as teachers we learn  the most from our best students, and Roxanna continues to be a wonderful teacher to me and to our current clinic students."

Boalt Events Address Issues from Federal Indian Law to Prop 209
In the past month, the Boalt community has hosted and participated in a variety of conferences and symposiums addressing a range issues. Highlights include:

• The Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity marked the 10th anniversary of California's Proposition 209 with a day-long symposium on October 29. The program, Equal Opportunity in Higher Education: The Past and Future of Proposition 209, examined the initiative that amended the state's constitution to prohibit public institutions from discriminating on the basis of race, sex or ethnicity. The event culminated in a President's Roundtable of top University of California leaders moderated by Dean Christopher Edley. A panel discussion on the impact of Prop 209 over the last decade featured Robert Dynes, president of the University of California, chancellors Robert Birgeneau, UC Berkeley; France Cordova, UC Riverside; and Michael Drake, UC Irvine; and UC Davis Professor John Oakley, who serves as chair of the Academic Senate.
• Dozens of the country's leading scholars and practitioners of constitutional and federal courts law gathered on October 27 to honor Paul J. Mishkin, the Emanuel S. Heller Professor of Law Emeritus, at a conference devoted to examining his ideas and life's work. Participants, many of them Mishkin's former students, joined in a broad look at substantive and procedural aspects of federal courts law, from U.S. Supreme Court decision-making to class actions and protective jurisdiction.
• Scholars of federal Indian law joined tribal representatives for a special two-day conference on federal Indian law at Boalt in November. The New Realism: The Next Generation of Scholarship in Federal Indian Law was sponsored by the law school and the National Congress of American Indians (NCAI). Philip Frickey, Alexander F. and May T. Morrison Professor of Law, organized the conference, which addressed a broad range of issues regarding research and policy in the area of federal Indian law, including the need for Indian law scholarship, data collection and research from tribal perspectives, public safety and criminal jurisdiction, tribal governance, taxation and economic development, and natural resources. The panels featured leading federal Indian law scholars and practitioners, and governing members of American Indian tribes, including the Tohono O'odham Nation, the Reno Sparks Indian Colony, and the Stockbridge-Munsee Band of Mohican Indians.
• At the request of the Korean government, Boalt Hall's Law of the Sea Institute, along with Inha University in Incheon, Korea, co-sponsored an international conference in Seoul on October 23-25. A large group of experts from around the world convened to discuss the territorial and maritime disputes between China, Korea and Japan in Northeast Asia. The conference was organized by Professors David Caron '83 and Harry Scheiber, Professor Jon van Dyke of the University of Hawaii, and Professor Lee of Inha. "There was a very frank discussion among the Chinese, Korean, and Japanese participants. It was very positive and everything that Professor Scheiber and I could have hoped for," said Caron.
• Boalt's Global Challenges and the Law (GCL) hosted a day-long meeting of international law faculty from the western United States on October 14. The agenda included a morning discussion with Judge William Fletcher about recent cases of the 9th U.S. Circuit Court of Appeals dealing with treaty interpretation and immunity of states. In the afternoon, the conversation turned to organizational matters concerning the American Society of International Law (ASIL). Society leadership President Jose Alvarez, a professor at Columbia Law School, and Executive Director Betsy Anderson led the discussion focused on ASIL's future. Professor David Caron, a vice president of the ASIL, stated that this was a significant discussion for the Society. "We're delighted that Boalt and GCL can assist ASIL as it looks toward the next centennial."

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Panel Examines Legal Challenges to Voluntary School Desegregation
Dean Christopher Edley, Jr., and Assistant Professor Goodwin Liu joined a panel of legal and educational experts on Tuesday, October 17, at Boalt Hall for a discussion on how voluntary school desegregation policy will affect public school children in California and throughout the nation. What's at Stake? Examining Legal Challenges to Voluntary School Desegregation Programs and the Impacts on Children, Families and Neighborhood brought together scholars, school leaders, and the community for a look at the political and historical dimensions of school desegregation policy. The program also featured a discussion of two cases scheduled for review by the U.S. Supreme Court this fall that address the constitutionality of using race-conscious school assignment to create or maintain racially integrated K-12 schools.

The event is part of the 2006 Fall Forum hosted by the Center for Cities & Schools within UC Berkeley's Institute of Urban and Regional Development. It is co-sponsored by the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity and the Graduate School of Education. In addition to Edley and Liu, speakers included David Pearson, dean of the Graduate School of Education; Ingrid Seyer-Ochi, assistant professor of education and former teacher in the San Francisco Unified School District; and Michele Lawrence, superintendent of Berkeley Unified School District.

Professor Haney López Opines on the Future of Race and Race Relations in America
The Chronicle of Higher Education featured an article by Professor Ian Haney López, "Colorblind to the Reality of Race in America", in the November 3 issue. Haney Lopez addresses the idea that the United States is leaving race and racism behind, an idea he does not share. He writes, "Not only do I fear that race will continue to fundamentally skew American society over the coming decades, but I worry that the belief in the diminished salience of race makes that more likely rather than less."

Professor Charo Joins Prestigious Institute of Medicine
In October, Visiting Professor R. Alto Charo was elected to the National Academies' Institutes of Medicine, along with 10 other University of California faculty members. No other university or college had more than four new members in the election. Charo is the Warren P. Knowles Professor of Law and Bioethics at the University of Wisconsin, Madison. She is teaching courses covering bioethics, stem cell policy and FDA law this semester.

Membership in the Institute of Medicine is considered on of the highest honors bestowed to professionals in the fields of medicine and health. Chosen by current active members, candidates undergo a highly selective process and are nominated based on their professional achievements and commitment to service.

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Edwin Meese III ’58 Serves on Iraq Study Group
Edwin Meese III, former U.S. Attorney General, is serving on the 10-person bipartisan commission which has called for a fundamental shift of American policy in Iraq. In a sweeping report released on December 7, Meese and fellow members of the Iraq Study Group issued 79 specific recommendations for a different diplomatic and military approach to the war.

Meese worked as an assistant district attorney in Alameda County and served as then-California Governor Ronald Reagan’s chief of staff from 1969 through 1974. He later served as attorney general, national security adviser and chief policy adviser to President Reagan, and is a fellow at the Heritage Foundation, a public policy research institution.

L. A. Times Legal Writer Henry Weinstein '69 Wins Prestigious Chancellor Award
Henry Weinstein '69, veteran journalist and legal affairs writer for the Los Angeles Times, has won this year's John Chancellor Award for Excellence. The prize recognizes a body of work distinguished by "courage, integrity, curiosity and intelligence" and is given annually to a single journalist by the Columbia University Graduate School of Journalism. In announcing the award, Nicholas Lemann, dean of the journalism school, described Weinstein's work as a "study in journalistic commitment and a genuine love of reporting."

Weinstein, 62, received his bachelor's degree from UC Berkeley and a law degree from Boalt Hall. He began his career with the Los Angeles Times in 1978, and has covered a long list of beats, including housing, organized labor, politics and local government. A two-time Pulitzer Prize winner, Weinstein won journalism's highest award in 1993 as part of the Los Angeles Times reporting team that covered the Los Angeles riots, and two years later as part of the Times' staff coverage of the 1994 Northridge earthquake.

The Chancellor Award is accompanied by a $25,000 check. It was established in 1995 to honor the late broadcast journalist and NBC News anchor John Chancellor.

Peter Welch '73 Elected to Congress from Vermont
Peter Welch '73 has won election to Vermont's lone seat in the U.S. House of Representatives. Welch, 59, a Vermont democrat and leader of the Vermont State Senate, brings a distinguished legal career and record of public service to his new congressional post.

A native of Springfield, Massachusetts, Welch attended Holy Cross College, graduating magna cum laude in 1969. He received a law degree from Boalt Hall in 1973, and returned to Vermont to practice law. In 1980, Welch was elected to the Vermont Senate as a representative from Windsor County, and chosen as minority leader during his second term. After Democrats gained control, he was unanimously selected as president pro tempore. During his term in the Vermont State Senate, Welch worked for legislative reforms in environmental, tax and education policy, and helped establish the Housing and Land Conservation Trust Fund to finance construction of affordable housing and conservation of farm and forest lands.

Welch won the Democratic nomination for governor of Vermont in 1990, but lost in the general election to former Vermont Governor Richard Snelling. Welch returned to the Vermont Senate in 2001, when he was appointed by then-Governor Howard Dean to fill a vacant seat in Windsor County. He was elected to the seat in 2002 and again in 2004. A longstanding supporter of Boalt, Welch is a partner in the personal injury firm of Welch, Graham & Manby in White River Junction, Vermont. He replaces Bernie Sanders, who was elected to the U.S. Senate in the November 7 election.

J. Clifford Wallace '55, Ex-Ninth Circuit Chief Judge, Honored for Lifetime Service
J. Clifford Wallace '55, former chief judge of the U.S. Court of Appeals for the Ninth Circuit, has received the American Judicature Society's Edward J. Devitt Distinguished Service to Justice Award, one of the highest awards given to a federal judge. U.S. Supreme Court Justice Anthony Kennedy presented the award at an October 19 ceremony in recognition of Wallace's contributions to the administration of justice and advancement of the rule of law at home and abroad during his judicial career.

Wallace has worked with foreign judges throughout the world for 30 years on issues of judicial independence and judicial education. He was appointed to the federal bench by President Nixon in 1970, following a successful 15-year career in private civil litigation practice in San Diego. He elevated to the appeals court in 1972, and served as chief judge of the circuit for four years before assuming senior status in 1996. Wallace was a co-recipient of the 1989 Citation Award, sharing the honor with Ninth Circuit colleague Harry Pregerson '50.

Brent Appel '77 Named to Iowa Supreme Court
Brent Appel '77 has been appointed to the Iowa Supreme Court by Governor Thomas Vilsack. An Iowa native, Appel clerked for the U.S. Court of Appeals for the District of Columbia Circuit following graduation from Boalt Hall, and served as deputy attorney general of Iowa from 1983 to 1986.

Appel is a partner at Wandro, Baer & Appel in Des Moines, where his practice has focused on commercial litigation, employment law and personal injury. While at Boalt, Appel served on the California Law Review board of editors, and was a winner of the McBaine Moot Court competition and the Jamieson Award for Outstanding Scholarship and Advocacy. He replaces retiring Iowa Supreme Court Justice James Carter.

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Gallery: Recent Alumni Events
This year's Scholarship Luncheon on November 7 united Boalt's benefactors with the student recipients of their scholarships. This annual event honors our donors for their generous support and is a favorite among students, donors and faculty alike.

On November 29, San Francisco alumni engaged Dean Edley in conversation on the flurry of activity at Boalt in the first in a series of alumni dialogues with the Dean.

Check out more events photos.

Planned Giving with Stefanie West '03
A Message from Bill Loveless '59
Boalt is fortunate to have a growing community of supportive alumni who have made planned gifts to the law school. This month, we feature one special alumnus, Bill Loveless ’59, and his motivation for leaving a gift to Boalt in his estate.

"I arrived at Boalt in 1956, after serving in the U.S. Air Force in the Korean War. Thanks to the G.I. Bill and a very generous State of California, I earned a beautiful ticket to a great future – a Boalt Hall degree!

As I look back on my life, I know that my Boalt education gave me the ability and confidence to accomplish my goals. Three years at Boalt is a fantastic foundation for anyone, regardless of what they decide to do.

My wife, Barbara, and I believe that it is extremely important to recognize Boalt for all that is has done for us. We have given back to the school by making annual gifts and a special bequest gift. Our lives are richer for it.

I hope you will also consider making a bequest to Boalt Hall."

If you name, or have named, Boalt Hall as a beneficiary in your estate, please let us know. We would love to have you in our Legacy Council and include you in the growing community of supporters.

Please contact the law school’s Office of Gift Planning at 510.643.9277 or plannedgift@law.berkeley.edu.

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Professor Kay Speaks at American Association of University Women Legal Advocacy Fund
“Beyond the Law: Academic Women and Sex Discrimination” is Professor Herma Hill Kay’s topic on Tuesday, January 16 at 9:45 am with registration beginning at 9:15. An application for one CLE credit is pending. Cost is $50 for public interest/government lawyers; $150 for firm lawyers. The location is in Orinda, is close to Hwy 24 and a 13 minute walk (for a fairly rapid walker) from the
Orinda BART station.

Preregistration is necessary for lawyers, as space is limited. Please contact mary_ann_bernard@hotmail.com for preregistration information. You will receive directions after you preregister. This meeting is a fundraiser for the Legal Advocacy Fund and Gloria
Weston Fund of the American Association of University Women. For further information, go to aauwoml.org.

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Center for Youth Development Through Law
The Center for Youth Development Through Law provides classes at Boalt Hall and law-related internships to disadvantaged Bay Area teens who are interested in legal careers. It is seeking alumni willing to mentor participants and help them achieve their goals. For information, please contact Nancy Schiff at nschiff@youthlawworks.org or 510.642.4520.

Public Interest Networking
Did you start your legal career in the private sector and switch to public? If so, we'd like to hear from you. The Career Development Office can use your knowledge to help advise alumni and students thinking of making the transition. We also host an online information exchange for alumni working in public interest. It's an opportunity to share what you know about organizations or job opportunities and get answers to questions. Please email Linda Maranzana at lmaranzana@law.berkeley.edu for more information or to share your experience and advice.

Stay Connected! Join the Boalt Email Group
Here's yet another way to stay connected to your Boalt compatriots: Join the Boalt-only email group sponsored by Kimon Cambouroglou '95. To sign up, visit http://groups.yahoo.com/group/boaltalumni/.

Online Class Notes
Let your fellow classmates know what's happening in your life. Share your good news with us at http://www.law.berkeley.edu/alumni/services/updateinfo.html or email classnotes@law.berkeley.edu. You can also read what others are up to at http://www.law.berkeley.edu/classnotes/.

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