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March 11, 2014

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Ninth Circuit Day

Continuing an annual tradition, the U.S. Ninth Circuit Court of Appeals will hold oral arguments in Berkeley Law’s Booth Auditorium on Wed., March 12 from about 9:30 a.m. to noon. The justices will hear four cases, followed by an audience Q&A session. The proceedings will feature a copyright case involving unauthorized resale of Adobe software on eBay, two criminal cases—one of which arises from habeas proceedings, and a political asylum case.

State Bar of California Honors Halloran ’65 >>

Michael Halloran ’65 has received the State Bar of California Business Law Section’s Lifetime Achievement Award, given to a lawyer who has made notable contributions to business law. A partner in Pillsbury’s Corporate & Securities practice, Halloran founded the firm’s Washington, D.C. office in 1979. From 2006 to 2008, he was the SEC’s counselor to the chairman and deputy chief of staff. Halloran also served as group executive vice president and general counsel for Bank of America, where he negotiated, closed, and implemented more than 30 acquisitions—including some of the largest and most complex in the industry. (2/20/14)

Home Improvement: Law School Renovations >>

Recent renovations to Berkeley Law's North Addition have created more space for its Robbins Collection and Visiting Scholars Program. The Robbins Collection is a leading international center for comparative legal and historical studies, and the Visiting Scholar Program provides research space for 75 to 125 scholars at any given time of year. Both programs attract legal historians, fellows, and practitioners from around the world. Kathleen Vanden Heuvel '86, associate dean for capital projects, supervised the work. Berkeley Law has also begun renovations to provide new space for the school's in-house clinics. (2/3/14)

M&A Lawyers Lead Intensive Four-Day Course >>

Top mergers and acquisitions lawyers led an intensive four-day course for Berkeley Law students in January. Richard Climan, a top M&A lawyer in Silicon Valley, and Leo Strine, recently nominated Chief Justice of the Delaware Supreme Court, co-taught the course. Students applied their knowledge from previous courses in corporation law and M&A and played the roles of bankers or lawyers advising clients on real-world deals. Ana Amodaj '14 said the course "emphasized the importance of the human dimension in negotiation and business operations, an element that’s often overlooked in the academic setting.” (1/30/14)

Video: Christina Swarns of the NAACP

Christina Swarns is the director of the NAACP Legal Defense and Educational Fund's Criminal Justice Project. She spoke on "Post-Racial America: The View from Death Row" at a recent Henderson Center Rutch Chance Lecture. Watch here »

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Teaching and Research at Berkeley Law

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Prof. Peter Menell proposes a novel way to pre-clear creative works and reduce the risks of relying on the fair use doctrine. The proposal, detailed in Copyright Fee Shifting, encourages copyright owners to take settlement offers seriously and negotiate around inherent uncertainties of the law.

In a law review article, Prof. Mark Gergen challenges the prevailing view of "negligent misrepresentation." He argues that it’s best understood as a contractual claim. To make this case, he traces debates about contract, tort, and negligence law from the mid-nineteenth century to the present.

In The Significance of Territorial Presence and the Rights of Immigrants, Professor Sarah Song asks how a liberal democracy should treat its noncitizens. She argues that nations need to balance the right to control their borders with the right of people to be treated as equals.