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Boalt Clinics Provide Briefs for Two Cases to be Reviewed by the U.S. Supreme Court
The U.S. Supreme Court has recently decided to hear two cases addressing the laws governing jury discrimination and copyright extensions. These cases included amicus curiae (friend of the court) briefs written by Boalt students and faculty members in the Death Penalty Clinic and Samuelson Law, Technology and Public Policy Clinic.
On January 23, 2002, the Death Penalty Clinic filed a brief asking that the Court review the conviction of Thomas Joe Miller-El-an African American man sentenced to death in Dallas County for the 1986 murder of a white hotel clerk. The clinic's brief outlines previously documented evidence that demonstrates the Dallas County District Attorney's Office deliberately and systematically excluded African Americans from juries for years preceding and during Mr. Miller-El's trial.
The case, Thomas Joe Miller-El v. Janie Cockrell, requests that the Court enforce the rule of Batson v. Kentucky, which prohibits racial discrimination in the exercise of peremptory challenges in jury selection. On February 15 the Court granted review to consider the Batson question and several other issues vital to individuals facing the death penalty. You can download a PDF copy of the brief.
On February 18 the Supreme Court also agreed to hear a constitutional challenge to the Sonny Bono Copyright Term Extension Act of 1988. By extending copyright terms for 20 years, the act prevents key cultural works from ever entering the public domain. The case, Eldred v. Ashcroft, asks the Court to consider whether the copyright clause and the First Amendment place substantive limits on Congress' ability to extend copyright terms.
The Samuelson Law, Technology and Public Policy Clinic submitted a brief on behalf of the Internet Archive-a public nonprofit founded to build an "Internet library." The brief argues that the act should be overturned because the Constitution does not authorize Congress to extend copyright terms perpetually. A favorable ruling from the Court would allow nonprofits like the Internet Archive to preserve thousands of artistic, cultural and historic works from the early part of this century. To view a copy of the brief, visit www.law.berkeley.edu/academics/samuelson/docs/020108archiveamicus.pdf.
(3/1/02) | 
