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2022
Visiting Scholar Talks
Monday, October 24, 2022
12:50 PM to 2:00 PM PST
Click here to download the video.
Ensuring Judicial Independence in the United States and Lessons for Uzbekistan
Professor Botirjon Kosimov analyzes how judicial independence is ensured in the United States of America and what lessons Uzbekistan may take from these practices. The paper embraces a wide range of issues related to judicial independence, namely the history of judicial independence, its theory and relationship with judicial accountability, challenges to judicial independence, and legal foundations for ensuring judicial independence and judicial discipline. Professor Kosimov’s paper also considers the role of digitalization of courts in ensuring judicial independence, which is very important in today’s world.
Speaker:
Professor Botirjon Kosimov
Tashkent State University
Professor Kosimov is an Acting Associate Professor at Tashkent State University of Law, a leading law university in Uzbekistan. He received his law degree in 2010 and a Master of Law degree in 2016 from Tashkent State University of Law. During his studies, he interned at the Senate of the Oliy Majlis of Uzbekistan, a district criminal court in Tashkent city, and the Supreme Court of Uzbekistan. During his ten-year academic career, he has trained hundreds of law students. He teaches Constitutional Law, Comparative Constitutional Law, and Parliamentary Law courses.
Discussant:
Judge Jeremy Fogel (ret.)
Executive Director of the Berkeley Judicial Institute, Berkeley Law
Jeremy Fogel is the first Executive Director of the Berkeley Judicial Institute, a center at Berkeley Law School whose mission is to build bridges between judges and academics and to promote an ethical, resilient and independent judiciary. Prior to his appointment at Berkeley, he served as Director of the Federal Judicial Center in Washington, DC (2011–2018), as a United States District Judge for the Northern District of California (1998–2011), and as a judge of the Santa Clara County Superior (1986–1998) and Municipal (1981–1986) Courts. He was the founding Directing Attorney of the Mental Health Advocacy Project from 1978 to 1981 and was a national leader in promoting access to justice for people with chronic mental health issues. As a consultant for Regional Dialogue (an international NGO) and with funding from the U.S. Department of State, he has visited Uzbekistan on three separate occasions to support judicial modernization efforts.
Presented by the Visiting Scholars Program.
BERKELEY BOOSTS: CONVERSATIONS ON CIVIL JUSTICE — JUDICIAL ETHICS AND THE SUPREME COURT
FRIDAY, OCTOBER 14, 2022
(10:00 A.M. Pacific)
Virtual
Berkeley’s Civil Justice Research Initiative presents JUDICIAL ETHICS AND THE SUPREME COURT
Should U.S. Supreme Court justices be held to the same ethical code of conduct as other federal judges? Is legislation needed to increase the transparency and accountability of the Court? What would be the implications of such legislation? This program will feature Senator Sheldon Whitehouse (D-Rhode Island), chair of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, and Professor Amanda Tyler (Berkeley Law), an expert on the Supreme Court and author of “Justice, Justice Thou Shalt Pursue: A Life’s Work Fighting for a More Perfect Union” (2021) (with Ruth Bader Ginsburg). Topics will include the pending legislative proposal, “The Supreme Court Ethics, Recusal, and Transparency Act.”
VSP Welcome Reception
Monday, September 26, 2022
1:00 PM to 2:00 PM PST
Warren Room 295, Law Building
Please join us in welcoming our new Visiting Scholars to the Berkeley Law Community! The welcome reception is open to all faculty sponsors and all current and new visiting scholars who would like to attend.
BJI Happy Hour
Starting Law School? Some Considerations
July 22
9:00 AM PT
75 mins
Virtual
Join Berkeley Judicial Institute, Professor Laurie Levenson, and Bankruptcy Judge Sandra Klein as we discuss things we wish we had known starting law school. Ethical advocacy, your personal and professional reputation, seeking experiences and people that expand your life, classmates as colleagues (not competitors) are all topics on the agenda. Your thoughts and questions welcome!
2022 Ninth Circuit Judicial Conference
July 19, 2022
July 5-8, 2022
Berkeley Law
Public Outreach Efforts in the Courts
June 24
9:00 AM PT
60 mins.
Virtual
Join BJI and faculty Judges Zia Faruqui and Sandra Klein to consider the role judges play in public outreach. What are judges doing? And why?
We’ll consider:
what judges are doing
what does the public get out of judges participating in public outreach
what does the judge get out of participating in public outreach
If you have experience, please share it with us. If you are looking for a new public outreach project, come looking for ideas.
CLE offered.
Recording
Chicago, Illinois
May 26, 2022
Interested in attending? More program information is available here.
2021 – 2022 Law and Literature
6 Sessions, individual registration for each
3:00 P.M. Eastern | 2:00 P.M. Central | 12:00 P.M. Pacific
90 minutes
Virtual
Join Berkeley Judicial Institute as we introduce a virtual law and literature series.
Using great works as text, these programs provide participants the opportunity to reflect on how literature provides insight into contemporary issues. All are welcome to register to participate; we ask those participating to be prepared to discuss the readings.
No promises, but we anticipate a lively, honest, and respectful exchange of views!
Professor Julie Empric of Eckerd College, whose facilitation of similar programs has been met with rave reviews, will lead the sessions.
Think of a smart book club discussion, and you will have a sense of what we are trying to achieve.
Past Sessions
- Session 1 | Friday, July 9, 2021 | Gaines’ A Lesson Before Dying(novel)
- Session 2 | Friday, September 10, 2021| Glaspell’s “A Jury of her Peers” and Sanders’ “Doing Time in the Thirteenth Chair” (stories)
- Session 3| Friday, November 5, 2021 | Abby Mann’s Judgment at Nuremberg (play)
- Session 4 | Friday, January 14, 2022 | Chinua Achebe’s Things Fall Apart (novel)
- Session 5 | Friday, March 11, 2022 | Shakespeare’s The Merchant of Venice (play)
- Session 6 | Friday, May 13, 2022 | David Guterson’s Snow Falling on Cedars (novel)
Co-sponsored by the Civil Justice Research Initiative and Berkeley Judicial Institute
May 6, 2022
10:00 -10:30 AM PT
Virtual
Over the last few years, the relationship between the media and courts in the United States seems to be undergoing rapid change. How are these changes impacting the courts and public perceptions of legal rulings?
This program will feature journalist Dahlia Lithwick, senior editor and legal correspondent for Slate, in conversation with Professor Michael W. McCann, Gordon Hirabayashi Professor for the Advancement of Citizenship at the University of Washington and the author of several prize-winning articles and books discussing the role that the media play in reporting on litigation and legal rulings.
Sunday, May 1 – Tuesday, May 3, 2022
Virtual event
Agenda
Berkeley Judicial Institute will offer a virtual program for judges featuring some of the many bright lights of the Berkeley faculty.
Program sessions will include:
– Bias in the courts
– Criminal law
– Decision-making
– Intellectual property law
– Mindfulness
—
Recordings
Resources
- Greater Good Science Center
- Erwin Chemerinsky, How Law Schools can Make a Difference
- Jeremy Fogel, Mindfulness and Judging; 2016 version
- Additional Federal Judicial Center resources
- Orin Kerr & Michael Dorf, Criticizing the Court: How opinionated should opinions be?
- Andrea Roth, Admissibility of DNA Evidence in Court
- Avani Sood, What’s So Special About General Verdicts? Questioning the Preferred Verdict Format in American Criminal Jury Trials
- ABA Judicial Intern Opportunity Program – Used to share summer externs
- Maricopa County summer extern program
Expanding Library Services to People in Jails and Prisons
April 15
12:00 P.M. PT
Virtual event
Recording
In January 2022, the San Francisco Public Library and the American Library Association received a $2 million grant from the Andrew Mellon Foundation.
The grant is aimed at improving and expanding library services for incarcerated citizens both locally and nationally.
Join Berkeley Judicial Institute as we speak to representatives of SFPL’s Jail and Reentry Team Jeanie Austin and Rachel Kinnon and VCU Professor Blythe Balestrieri to find out more about the library’s ambitious plans for this grant. Judge Alexandra Robert Gordon will moderate the conversation, which will include these questions:
- What are the most important challenges they face?
- How will this work help better meet needs of incarcerated people?
- How can judges and the interested public find out more about these efforts?
Audience questions are encouraged.
Materials:
Coaching Judges
March 31
12:00 P.M. PT
Virtual
Event recording
Good judges strive to be lifetime learners; what part does coaching play in that growth?
Join Berkeley Judicial Institute, Senior Judge Kevin Burke and Chief Judge Mildred Cabán as we consider some of the formal and informal methods of judicial coaching.
Both judges have been active in coaching colleagues through the formal processes of judicial orientation and continuing education.
Judge Burke has helped judges seeking improvement on issues ranging from better listening to demeanor on the bench one on one.
CLE credit offered.
Materials:
Six Months ‘Til Constitution Day Eve Happy Hour
March 16, 2022
4 pacific, 6 central, 7 eastern
Virtual event
Join BJI as we celebrate the six month countdown to Constitution Day Eve! Come prepared to chat, make some new friends, share, commiserate, and enjoy the beverage of your choice!
Psychology of Litigation
Wm. Matthew Byrne, Jr. Judicial Clerkship Institute/Federal Judicial Center
March 10-11, 2022
February and March, 2022
Virtual
Twenty four 2Ls and 3Ls from fourteen law schools in the 9th Circuit will participate in this inaugural virtual program, offered four weeks in February and March. Offered by the Ninth Circuit Historical Society, the Law School Admission Council, and the Berkeley Judicial Institute, the program features great faculty. More information.
Mass Tort Litigation Management in Bankruptcy Court
February 28
12:00 PM PT
75 minutes
Virtual event
Nearly four decades have passed since the birth of a radical experiment in procedural collectivism: using chapter 11 bankruptcy to manage mass tort litigation, starting with Johns Manville (asbestos) and A.H. Robins (Dalkon Shield IUD). Today, lawyers in mass tort bankruptcies routinely assert that bankruptcy is the only forum that offers complete resolution and global peace. Could it really be that the bankruptcy system is the right home for these disputes? Is there something inherent in the bankruptcy system that has caused, or at least facilitated, this apparent expansion? What are the institutional limitations on any type of court to tackle the problems these cases raise?
Bankruptcy Judge William J. Lafferty, District Judge Frank W. Volk and Professor Melissa Jacoby discuss why so many controversial mass tort cases find their way to bankruptcy court, and consider how the courts might respond.
CLE credit offered.
Event recording
Materials:
Are Courthouses Male or Female? Designing for Inclusion: How Courthouse Design Affects Community Confidence in the Delivery of Justice
January 28
12:00 PM PT
75 minutes
Virtual event
Event Recording
U.S. Magistrate Judge Celeste F. Bremer (IASD, Recall) and California architect Susan Oldroyd FAIA, will show how types of Courthouse interior and exterior designs and their art influence our understanding of the Court’s role in the community. They will identify features that you may no longer notice, but that represent barriers to the delivery of Equal Justice For All.
Do Courthouses read as Male or Female? How do implicit biases affect our impressions of whether a Courthouse provides safety, transparency, accessibility, reconciliation, or retribution? What messages about inclusion does your Courthouse design send to public and staff? The style, material, and layout of Courthouses signal that are they fortresses or welcoming spaces. Courthouses have been targets of recent social unrest. Can Courthouses provide communities with space for understanding how Justice is done, while engaging in civil discourse about change?
Courthouses represent community values such as stability and consistency; they are places of retribution and rehabilitation. Courthouse design should show society’s values of fairness and transparency, and allow for participation by all. How we design, construct, and operate Courthouses sends a message to our communities about our values. Through Courthouse design and operation, can we be more intentional about the importance of the Rule of Law, and how the justice system operates?
California and Iowa CLE approved.
The program benefited from an active chat session; some of the conversational threads are included here.
Materials:
- Architecture of Gender by Jennifer Krichels
- 2022 Bremer and Oldroyd References BJI Gendered Courthouses
- Slides
Attacks on the Courts
January 14
1:00 – 3:00 P.M. PT
Virtual event
Event recording
This Berkeley Law Civil Justice Research Institute event will focus on some of the ethical issues raised by increased attacks on the independence and legitimacy of the courts. The program will feature practitioners, scholars and judges. Topics will include the effects of the attacks on courts and the implications for legal practice. This event is supported by a generous gift from AAJ’s Robert L. Habush Endowment, in collaboration with Berkeley Boosts.
Featured speakers to include:
Alicia Bannon of the Brennan Center, The Honorable Reggie B. Walton (U.S.D.C. D.C), Dean Erwin Chemerinsky (Berkeley Law), Professor Nora Engstrom (Stanford Law), Professor Leslie C. Levin (UCONN Law), Professor Elizabeth G. Thornburg (SMU Law), James Brosnahan (Morrison & Foerster), and Denyse Clancy (Kazan Law).
2021
Happy New Year Happy Hour!
December 15
4:00 P.M. PT
90 minutes
Virtual
Join Berkeley Judicial Institute on December 15, 2021, for a toast to the upcoming year. We’ll be celebrating some of the great things judges have done in 2021.
Not a complete list, but a pretty inspiring list!
We’ve broken the stories into unscientific categories, and encourage you to “vote” for your favorites here by December 12.
Winners to be announced at the happy hour on December 15.
And a holiday gift from BJI, to remember 2021!
(Illustration shows Father Time ringing bells proclaiming “The Greatest Good for the Greatest Number”, while a crowd in the street celebrates the New Year by using noisemakers, horns, drums, and cymbols to sound their personal causes, such as “Partisanship” and “Partisan Politics”, “Ring Politics”, “Spoils System”, “Women’s Rights”, and “Calamity Howling”.)
Created / Published
N.Y. : Published by Keppler & Schwarzmann, Puck Building, 1910 December 28.
Library of Congress Prints and Photographs Division)
Judicial Stress and Resiliency: 2021 Pandemic Holiday Edition
December 15, 2021
12:00 P.M. PT
75 minutes
Is judging during the pandemic different from what you expected when you became a judge? Do you seek stronger connections with your work and with your colleagues? Have the recent setbacks in many reopening plans been a new source of disappointment and stress? It’s worth reflecting on these issues as we approach a new year, particularly since the winter holidays typically are a challenging time for many of us.
In 2020 and 2021, the Berkeley Judicial Institute offered four webinars on judicial temperament. These programs offered perspective that we hope will be helpful to judges at any time. The ongoing stresses of the pandemic encourage us to offer (at least) one more. In this program we will focus on these ongoing stresses and how judges are coping—and can cope—with them, regardless of the temperamental traits you bring to the bench.
Join Judge Jeremy Fogel, BJI’s Executive Director, and Professor Terry Maroney as they devote a full program to answering questions submitted by you and that they’ve encountered in their many recent conversations with judges about the impact of the pandemic on judicial stress and resilience.
Submit your questions in advance here, or ask them during the program.
Resources:
Democracy and the Courts: Judicial Recusal & Ethics
December 1
Ohio Fair Courts sponsored this program which featured Billy Corriher, Judge Jeremy Fogel (ret.), Douglas Keith and Judge Sarah O’Brien (ret.).
Her Honor: My Life on the Bench…What Works, What’s Broken, and How to Change It
November 3
4:00 – 6:00 P.M. PT
International House, Chevron Auditorium (Across the street from Berkeley Law)
Event recording
Note that capacity is limited—if you would like to cancel your registration, please email natcoletta@berkeley.edu so that a spot is opened up for your neighbor.
Berkeley Judicial Institute Executive Director Judge Jeremy Fogel, in tandem with Judge Thelton Henderson, interview Judge LaDoris Hazzard Cordell. The event will be in person at the Berkeley Law School, and is open to all Berkeley Law students.
The former state judicial colleagues will talk about ALL of the issues in the title of Judge Cordell’s book; audience questions welcome. We anticipate a lively discussion!
Judge Cordell’s book, HER HONOR, will be published in October. Early program registrants will receive a copy of the book, and will get so much more value from the discussion by reading the book prior to the program. Thinking about service in the judiciary as part of your legal career? Interested in the court’s role in solving the pressing problems of our day? This is a program you won’t want to miss.
In Her Honor, Judge LaDoris Hazzard Cordell provides a rare and thought-provoking insider account of our legal system, sharing vivid stories of the cases that came through her courtroom and revealing the strengths, flaws, and much-needed changes within our courts.
Judge Cordell, the first African American woman to sit on the Superior Court of Northern California, knows firsthand how prejudice has permeated our legal system. And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible.
Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved.
Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat—as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills—some humorous, others heartwarming, still others deeply troubling.
Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans.
Berkeley Boosts, Rural Judging
October 22
10:00 – 10:30 A.M.
Virtual
As part of an ongoing 30-minute series, part of Berkeley Boosts, the CJRI is hosting a selection of webinars on civil legal issues during Covid-19. This program will focus on rural judging and will feature a discussion of Dr. Michele Statz’s recent research on rural access to justice considerations, with comments from Judge Gwen Topping of the Red Cliff Tribal Court. This program is supported by a generous gift from AAJ’s Robert L. Habush Endowment.
BJI Brownbag: The Supreme Court Fellows Program
October 15
9:00 A.M. PT
75 minutes
Virtual
REGISTER
Join Berkeley Judicial Institute as we explore a gem of the federal judiciary, the Supreme Court Fellows Program. Participation in this program provides a unique opportunity to learn more about the federal judiciary.
Attend BJI’s October 15 program to learn more about the Supreme Court Fellows program, and to hear from fellows whose careers have been changed by their participation.
About the Supreme Court Fellows Program
The Supreme Court Fellows program, founded in 1973, offers mid-career professionals, recent law school graduates, and doctoral degree holders from the law and political science fields an opportunity to broaden their understanding of the judicial system through exposure to federal court administration.
The Supreme Court Fellows Commission selects four talented individuals to work for one of four federal judiciary agencies for a year-long appointment in Washington, D.C.:
- Supreme Court of the United States
- Administrative Office of the U.S. Courts
- Federal Judicial Center
- U.S. Sentencing Commission
About the BJI October 15 Program
BJI Research Director Mary S. Hoopes (an FJC 2017-18 fellow) will moderate the program, which will include an overview of the program and observations from former fellows. She will be joined by Counselor to the Chief Justice Jeffrey Minear, who also serves as Executive Director of the Fellows program, and this distinguished group of fellows:
Sarah Alsaden, from the 2020-2021 class
S.E. Kramer, from the 2019-2020 class
Lilia Alvarez, from the 2018-2019 class
Matthew Sipe from the 2017-18 class
After the formal program, participants may chat in small group rooms with former fellows. Please bring your questions and comments; this fellowship program is extraordinary.
Constitution Day Happy Hour
Virtual
Join BJI for a virtual toast to Constitution Day!
Racism, Truth and Reconciliation in Our Courts
September 17
12:00 P.M. PT
90 minutes
Virtual
Event recording
In May, the Federal Bar Association of the Western District of Washington offered an eye-opening program, Racism, Truth and Reconciliation in Washington Courts.
This program reminds us that racism has come from decisions of courts we still appear before, in buildings we still work in, and from positions which, while occupied today by different people, still exist. Through a discussion of three cases—United States v. Hirabayashi, Price v. Evergreen Cemetery Co. of Seattle, and O’Meara v. Wash. Bd. Against Discrimination, we will ask, given that these courts and positions still exist: What has changed? What hasn’t changed? What is our responsibility to tell the truth and seek reconciliation? How has racial segregation left a lasting impact on access to local courts?
Resources:
United States v. Hirabayashi, 46 F. Supp. 657 (W.D. Wash. 1942)
Price v. Evergreen Cemetery Co. of Seattle 57 Wn.2d 352 (1960)
O’Meara v. Wash. Bd. Against Discrimination 58 Wn.2d 793 (1961)
Racial Segregation in SF Bay Area
Commissioner Lack Slides
Judge Keenan Slides
Join Berkeley Judicial Institute to learn from King County Superior Court Judge David Keenan and King County Superior Court Commissioner Jonathon Lack.
BJI is grateful for the opportunity to offer this session.
CA CLE credit will be offered.
Judges, Technology and Artificial Intelligence
August 18
3:00 P.M. PT
75 minutes
Virtual
Event recording
University of Newcastle (Australia) Dean Tania Sourdin’s new book, Judges, Technology and Artificial Intelligence, is described:
“New and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.”
Dean Sourdin will introduce her research, discuss that work with Berkeley Center for Law and Technology’s Peter Menell and engage with the audience on these key issues for justice.
CLE credit will be offered.
Resources:
Humans and Justice Machines: Emergent Legal Technologies and Justice Apps
Slides
Happy Hour with BJI
We had so much fun at our first virtual BJI happy hour we decided to schedule a second! (Come prepared to chat, make some new friends, share, commiserate and enjoy the beverage of your choice!)
Academics and Social Media: The revolution will not be televised
June 4, 2021
9:00 A.M. pacific
60 minutes
Seeking ways to have your academic work connect to more people?
Our conversation will celebrate Credit Slips, a blog on all things about credit, bankruptcy, consumers and financial institutions as a springboard for discussion.
There, academics discuss and debate issues for those who care about creating good policies in these areas. (They tweet @CreditSlips.) Their work has been profiled by national and local media.
We’ll use that experience for a broader discussion about how academics can use social media to have their voices heard.
Bankruptcy Judge Erithe Smith will interview blog administrator and contributor Professor Bob Lawless and contributor Professor Pamela Foohey.
Resources:
Blacks Face Bias in Bankruptcy, Study Suggests
Older Americans in Bankruptcy – The First Paper Out of the Consumer Bankruptcy Project
Bankruptcy on Last Week Tonight with John Oliver – Credit Slips
Posted May 24, 2021
On May 13, 2021, the Federal Judges Association offered a program on judicial independence. BJI Executive Director Judge Jeremy Fogel moderated. The panelists were Judge D. Brooks Smith (chief judge of the Third Circuit Court of Appeals), Judge Thelton Henderson retired district judge for the Northern District of California), and Dahlia Lithwick (journalist, Slate).
This recording is posted with the permission of the FJA; BJI is grateful.
Promoting Judicial Collegiality
- Hon. Kevin S. Burke, It is All About the People who Work in the Courthouse
- Hon. Kevin S. Burke, Innovative Courts Encourage Dissent
- Roger A. Hanson and Brian J. Ostrom, Understanding and Diagnosing Court Culture
- BJI Judicial Collegiality Resources (Compiled by Caroline Dority)
- Notes from the chat
1.25 hours of CLE credit will be offered for this program.
Rurality and Judging: A brown bag discussion with Dr. Michele Statz
Dr. Statz’s new article, “On Shared Suffering: Judicial Intimacy in the Rural Northland,” explores the ways in which rurality impacts tribal and state court judges’ experiences on and beyond the bench.
Beautifully written, it is of interest to those in every court environment.
Law & Society Review says:
“Drawing from four years of ethnographic fieldwork, Professor Statz’s study places its readers inside the “Northland” courtrooms of rural Wisconsin and Minnesota. Her research displays the intimate relationship that judges from these communities share with their litigants and demonstrates the hardships endured by both judges and their litigants due to the consequences of rural “legal deserts,” absent health and social services, and depressed local economies.”
1.25 hours of CLE credit will be offered for this program.
Google v. Oracle: An Initial Appraisal
How do judges seeking evaluation get honest feedback?
Join Berkeley Judicial Institute for a discussion of ideas and techniques judges seeking feedback might consider.
Our moderator, U.S. Bankruptcy Judge William J. Lafferty III (ND/CA), will be joined by this panel:
—MN District Court Judge Kevin Burke (retired)
—CA Associate Justice Carin T. Fujisaki
and
—Federal Judicial Center Director of Research Beth Wiggins
Your ideas, concerns and questions are welcome!
Resources:
Rebecca Love Kourlis and Jordan M. Singer, Using Judicial Performance Evaluations to Promote Judicial Accountability JUDICATURE Volume 90, Number 5 March-April 2007
1.25 hours of CLE credit will be offered for this program.
National Conference of Juvenile and Family Court Judges
Posted April 1, 2021
March 10, 2021
“Psychology of Litigation” (recorded February 2021)
Wm. Matthew Byrne, Jr. Judicial Clerkship Institute/Federal Judicial Center
March 2021
“The Civil Rights Movement: Lessons Learned – Reflections for the Future” on February 25, 2021.
Daily Journal (posted with permission)
February 24, 2021
Friday, January 29, 2021
9:00 A.M. PST
75 minutes
Thursday, January 14, 2021
Noon P.T.
75 minutes
- How do I recognize my temperamental traits as a judge?
- What is my temperamental “envelope of possibility” for change, and how can I make the most of it?
- How can I use this knowledge to change the temperature of an interaction in court?
- What techniques for regulating emotion do judicial colleagues find particularly effective?
Join Judge Jeremy Fogel, BJI’s Executive Director, and Professor Terry Maroney as they devote an entire program to YOUR questions about judicial temperament. Submit your questions in advance here, bji@law.berkeley.edu, or ask them during the program.
CLE credit offered.
Resources:
Emotional Regulation and Judicial Behavior
Wednesday, December 2, 2020
Noon P.T.
75 minutes
How do parties, lawyers and the public hope that judges will behave in court? How can judges sharpen their understanding of their emotional responses to their often difficult jobs and regulate those responses in a way that supports an appropriate judicial demeanor? Join Judge Jeremy Fogel, BJI’s Executive Director, and Professor Terry Maroney as they discuss Professor Maroney’s work and consider how her study and observation can help judges in the courtroom.
CLE credit offered.
Resources:
Please Proceed – Speaking with the Media with Judge Jeremy Fogel (ret.), N.D. Cal.
Posted: Nov 19, 2020
Judge Jeremy Fogel, Executive Director of the Berkeley Judicial Institute and former director of the Federal Judicial Center, shares tips on speaking with the media based on his experience as a district judge, as well as his experience with the press in his current academic capacity. Recorded October 28, 2020 (Episode 11).
Staying Well and Managing Stress in Difficult Times
Monday, November 16, 3:00 P.M. PT
With Dr. Dacher Keltner and Judge Jeremy Fogel. Special thanks to Administrative Presiding Justice of the Sixth District Court of Appeal— Justice Mary Greenwood.
- Event recording
- Wellness resources:
Systemic Inequality and the Courts: Part Two
Monday, November 16, 12:00 P.M. PT
75 minutes
BJI’s October 28 program will consider the framework and theoretical issues of how judges are involved in the conversation on systemic inequality; join us Monday, November 16, for a follow up session considering the practical implications of that discussion for judges and the courts.
Berkeley Judicial Institute Executive Director Judge Jeremy Fogel will be joined by California Supreme Court Associate Justice Goodwin Liu and Los Angeles Superior Court Judge Holly Thomas.
Open to all, including law students, this program aims to provide better understanding of
· how courts operate and
· how key issues arise in court
The program will be of particular interest to those contemplating applying for law clerk positions.
CLE credit will be offered.
Resources:
- Courts Had an Ethical Obligation to Speak Out After George Floyd’s Death
- Jamison v McClendon
- Racism’s Hidden Toll
Managing Health and Wellness During Covid-19 and Beyond
October 28, 2020
Federal Judicial Center’s Jennifer Richter interviews Berkeley Judicial Institute’s Judge Jeremy Fogel and Greater Good’s Dacher Keltner.
Systemic Inequality and the Courts: Part One
75 minutes
It is a judge’s role to be fair and impartial, to decide only the issues and facts brought to court. Judges are also devoted citizens. Can judges be part of the conversation on systemic inequality?
Join us Wednesday, October 28, noon pacific, for a discussion of the judge’s role in that conversation, featuring Berkeley Judicial Institute’s Executive Director Judge Jeremy Fogel, Second Circuit Judge Raymond Lohier and Professor Avani Mehta Sood.
Open to all, including law students, this program aims to provide a better understanding of
· how courts operate and
· how key issues arise in court
The program will be of particular interest to those contemplating applying for law clerk positions.
CLE credit will be offered.
Resources:
- ‘Disappointing Display of Judicial Immodesty’: Fourth Circuit’s En Banc Bench Brawls Over Trump Claims
- Modern Courts Commentary Series: Applying Empirical Psychology to Inform Courtroom Adjudication — Potential Contributions and Challenges
- Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt
- Racism in America: A Reader
- Racism’s Hidden Toll
Contemporary Lessons on Judging and Justice from the Holocaust
Thursday, October 22, 12:00 P.M. PT
90 minutes
Join us for a program exploring the role of judges and the courts during the Holocaust and the relevance that experience has for judges today.
Judges were among those inside Germany who might have effectively challenged Hitler’s authority, the legitimacy of the Nazi regime, the hundreds of laws that restricted political freedoms and civil rights, and the guarantees of property and security. And yet the overwhelming majority did not.
What lessons does that experience provide for judges and courts today?
Open to all, and of particular interest to judges, the program will consider:
- key historical context and lessons
- current relevance for judges
BJI Executive Director Judge Jeremy Fogel will be joined by Dr. Will Meinecke of the United States Holocaust Memorial Museum to discuss the history of the judiciary during the Holocaust; Judge Fogel and United States District Judge Rya Zobel will discuss the relevance of that history for judges today.
CLE credit will be offered.
Resources:
- Law, Justice, and the Holocaust – USHMM Encyclopedia
- Law, Justice, and the Holocaust – USHMMBooklet
- Professor Meinecke’s Slides
Berkeley Law Alumni Reunion
Best Practices in Court Administration: What We’ve Learned from COVID-19
Friday, October 2
9:00 A.M. PT
Courts, lawyers and judges are accustomed to moving deliberately. The pandemic has challenged courts to do things in ways that are unfamiliar and the effects of which often are uncertain. Judge Jeremy Fogel will moderate a discussion about those challenges with leading alumni judges of both state and federal courts.
COVID-19 AND THE COURTS
Thursday, October 1
More information
This all-day virtual symposium co-hosted with the RAND Corporation will feature discussions among practitioners, scholars, and judges on some of the key issues that have arisen during the pandemic in regard to resolving civil disputes, such as meeting the challenges of civil jury trials and pre-trial management in the era of social distancing, developing effective court rules to address a rapidly changing legal environment, and preparing for what the future may hold. This event is supported by a generous gift from the Robert L. Habush Endowment.
The schedule is as follows:
8:45 AM: Welcome and Introductions
9:00 AM: Panel: Implications for Civil Juries
10:30 AM: Break
10:45 AM: Panel: Implications for Pre-Trial Case Management
12:15 PM: Lunch Break
1:15 PM: Panel: Implications for Federal and State Civil Rules
2:45 PM: Break
3:00 PM: Panel: Implications for Civil Litigation and the Courts in a Post-Pandemic World
4:30 PM: Concluding Remarks
**The same invitation link can be used to access each of the sessions.**
If you require accommodation for effective communication for this event, please contact esu@law.berkeley.edu.
How to Become a Federal District Judge
Rainmaker Podcast
Friday, September 18th
We interview Hon. Jeremy D. Fogel (Ret.), Executive Director of the Berkeley Judicial Institute at UC Berkeley Law School, former federal judge for the Northern District of California and immediate past Director of the Federal Judicial Center.
Judge Fogel recounts how his first judicial appointment came about, shares what makes being a judge both burdensome and gratifying, and reflects on how the concept of mindfulness has guided his judicial career.
The Elements of Judicial Temperament (Part Two)
Wednesday, September 9, 12:00 P.M. PT
Event recording
BJI’s July 15 presentation on judicial temperament introduced Professor Terry Maroney’s groundbreaking analysis of the elements of judicial temperament, the constellation of psychological traits that predict how judges will respond to the challenges of their work. Professor Maroney explained that while a person’s temperament is largely stable by adulthood, every judge has an “envelope of possibility” in which they can adapt their temperament to the professional requirements and public expectations of judges.
At the conclusion of the presentation, many judges in the audience suggested a follow up program to examine the ways in which judges may understand their own temperamental traits and use that understanding to improve their judicial performance. This is that follow-up program. Once again, Judge Jeremy Fogel, BJI’s Executive Director, and Professor Terry Maroney will discuss Professor Maroney’s cutting edge research.
1.0 hour of CLE credit offered.
(We strongly encourage you to watch the first program before participating in the second.)
Resources:
Court Web: A Discussion of Implicit Bias
Federal Judicial Center
August 19, 2020
Host Brenda Baldwin-White, Senior Judicial Education Attorney, talks with Judge Bernice Donald, Sixth Circuit Court of Appeals, Professor Jennifer Eberhardt, department of psychology at Stanford University, and Judge Jeremy Fogel (ret.), Executive Director of the Berkeley Judicial Institute and former Director of the Federal Judicial Center, about how the dynamics of implicit bias and social context affect decision making. In this ninety- minute presentation, Brenda and her guests will discuss how unconscious assumptions can influence the ways in which people perceive facts and draw inferences notwithstanding their genuine commitment to fairness.
Judicial Temperament
Wednesday, July 15, 12:00 P.M. PT
“Sober as a judge” is a trope for good reason, but there has been little serious study about the elements of judicial temperament. Most people who have spent time in court can think of both positive and negative examples of judicial behavior, but developing a psychological framework for understanding that behavior is surprisingly difficult. As virtual proceedings provide more transparency, judges are on public view to a greater extent than ever before. What should viewers be looking for?
Judge Jeremy Fogel, BJI Executive Director, and Professor Terry Maroney will discuss Professor Maroney’s cutting edge research on this topic.
Access Professor Maroney’s Article: (What We Talk About When We Talk About) Judicial Temperament
Testimony of Hon. Jeremy Fogel (ret.), Executive Director of Berkeley Judicial Institute, to the United States House Judiciary Committee, Subcommittee on Courts.
Thursday, June 25
“Expanding Electronic Access to the Federal Courts: The Unexpected Opportunity Presented by the COVID-19 Pandemic”
Event recording – Judge Fogel’s testimony starts at 26:20.
Best Practices in Court Administration: What We’ve Learned from COVID
Wednesday, June 24, 12:00 P.M. PT
Courts, lawyer and judges move deliberately. The pandemic has challenged courts to do things in ways that are uncomfortable. Judge Jeremy Fogel, BJI Executive Director, will moderate a discussion about those challenges with key court players. Participants are IAALS Executive Director Justice Scott Bales and U.S. District Court Judge Julie Robinson.
Best Practices in Judicial Administration: What We’ve Learned During COVID
Wednesday, June 3, 12:00 P.M. PT
Good realized during a crisis would be awful to waste. Judge Jeremy Fogel, BJI Executive Director, will moderate a discussion of some of the positive impact for the courts during the pandemic, with some key players creating that positive impact. Participants are Michigan Chief Justice Bridget Mary McCormack and Professor Caitlin Moon.
Judicial Panel: PTAB’s LEAP Initiative for NextGen Lawyers
Friday, May 29
12:00 P.M.PST, 2:00 P.M. CST, 3:00 P.M. EST)
Sponsors: Federal Circuit Bar Association; Berkeley Center for Law & Technology; ChIPs
Please join the Federal Circuit Bar Association, Berkeley Center for Law & Technology, the Berkeley Judicial Institute, & ChIPs for a discussion on the USPTO’s Legal Experience and Advancement Program (LEAP), which launched earlier this month. The LEAP initiative is designed to encourage the professional development of patent attorneys and agents appearing before the Patent Trial and Appeal Board (PTAB) through increased opportunities for oral advocacy.
Panelists:
Deputy Chief Judge Jackie Bonilla
Judge Bonilla currently serves as the Deputy Chief Judge at the PTAB at the USPTO. Since her appointment as an Administrative Patent Judge in January 2012, she has conducted numerous post-grant patent trials under the America Invents Act, heard appeals from adverse examiner decisions in patent applications and reexamination proceedings, and rendered decisions in interferences. Previously, she worked for twelve years in private practice, including as a partner at Foley & Lardner, LLP. She also served as a judicial law clerk to the now-retired Chief Judge Randall Rader at the U.S. Court of Appeals for the Federal Circuit. Judge Bonilla graduated from the University of Virginia School of Law, and holds a Ph.D. in Pharmacology from the University of Virginia, and a B.A. in Biochemistry from the University of California, Berkeley.
Vice Chief Judge Janet Gongola
Janet Gongola manages internal and external engagement on behalf of the PTAB, including development of educational programs and PTAB procedures and rules. She was appointed to the PTAB in October 2016. Before joining the Board, Judge Gongola was the Senior Advisor to the Under Secretary and Director of the USPTO where she advised on all matters of law and policy. Before joining the USPTO, Judge Gongola served as a law clerk for the Honorable Paul R. Michel at the U.S. Court of Appeals for the Federal Circuit and for the Honorable Judge Sue L. Robinson at the U.S. District Court for the District of Delaware. In addition, Judge Gongola worked as a patent attorney, patent agent, and research chemist at Eli Lilly and Company in Indianapolis, Indiana. Judge Gongola graduated from Indiana University School of Law, and she received B.S. degrees in Chemistry and Mathematics from Muskingum University.
Judge Christa Zado
Judge Zado serves as an Administrative Patent Judge at the USPTO.
The Panel will be introduced by:
Kathi Vidal. Kathi is managing partner of Winston & Strawn’s Silicon Valley office and one of the leading patent litigators and Federal Circuit advocates in the country. Kathi founded the ChIPs Next Gen effort and advises tribunals on Next Gen issues and orders.
The Panel will be moderated by Winston & Strawn Associates and PTAB advocates who qualify for the LEAP program:
Claire Fundakowski. Claire is a former Federal Circuit clerk for Judge Kimberly Moore and registered pharmacist with a Pharm.D. She represents clients in patent litigation with a focus on Hatch-Waxman litigation and appeals.
Noori Torabi. Noori is a registered patent attorney with a B.S. and M.S. in Biotechnology and a Ph.D. in Molecular Biology. She litigates patent disputes in district court and in the PTAB.
11:00 A.M. – 12:00 P.M. PT
Three of this country’s busiest judges – Federal District Court Judges Alan D. Albright (TXWD), Rodney Gilstrap (TXED), and Maryellen Noreika (DED) – will provide insight on how they are proceeding with cases while courts across the country are shut down due to the COVID-19 pandemic.
Topics of discussion may include:
What are the ramifications of COVID-19 on dockets?
How are hearings conducted? What works well? What can be improved? What can litigants do better?
What kinds of requests are coming in from litigants? How are they being handled?
What lessons are being learned from this time? Will the way cases are managed or tried change after COVID-19?
Has the new format of hearings impacted public access to hearings? Has there been any innovation in that area?
Has moving to virtual hearings provided more opportunities for junior lawyers to argue?
Mindfulness in Law
- Compassion and Perspective
- Bringing Mindfulness to Judges Part 1
- Bringing Mindfulness to Judges: Part 2
- Mindfulness, Judicial Decision Making, and Humility
- Mindful Judging: Thinking Fast and Slow
- Self-Awareness, Judicial Demeanor and Connection
- Reflections on a Meditation Practice and Routine
- Judge Jeremy Fogel Discusses and Guides a Meditation Practice
24th Annual BCLT/BTLJ Symposium
2019
U.S. Court of Appeals for the Ninth Circuit, 95 7th Street, San Francisco, CA 94103
140 Law Building, UC Berkeley School of Law
The Human Side of Judging
June 19, 2019, 6:00-7:30pm
Booth Auditorium (175 Law Building), UC Berkeley School of Law
More information
In One Sitting
June 17, 2019
Keynote Address: In One Sitting: Reflections on 37 Years on the Bench. Hon Jeremy Fogel, First Executive Director of the Berkeley Judicial Institute and former Director of the Federal Judicial Center, delivering keynote address @ Aleph Institute’s Rewriting the Sentence Summit, June 17th. New York, New York (June 17-18, 2019): The Aleph Institute held the Rewriting the Sentence 2019 summit at Columbia Law School, convening hundreds of judges, prosecutors, defense counsel, probation and pretrial officers, individuals directly affected by incarceration, and other key stakeholders in the criminal justice system to discuss the massive culture change taking place in the alternatives to incarceration arena.
The Rewriting the Sentence summit highlighted a vast array of innovative alternative approaches to criminal justice currently isolated in pockets throughout the country.
Continue this critical dialogue online. Follow @AlephInstitute on Twitter and post your thoughts & comments using #RewritingTheSentence.
More information
Event recording
Democracy and Justice in the Age of Disinformation
May 1, 2019
Center for Strategic & International Studies
Event recording
Spring 2019 Symposium: Charting a Path for Federal Judiciary Reform
April 12, 2019, 8:30am-5:30pm
Chevron Auditorium, International House, UC Berkeley
More information
Women at the Court
April 11, 2019, 6:00-8:30pm
Warren Room, Boalt Hall, UC Berkeley School of Law
More information
2017
On Topic: Federal Judicial Center Marks 50th Anniversary
December 20, 2017
In this interview program, we talk with Senior Judge Jeremy Fogel, Director of the Federal Judicial Center in Washington, DC. Judge Fogel explains why the FJC was created, and how the agency’s mission has developed over half a century. The FJC was established by Congress in 1967 with just two employees, but now the Center provides education and training for judges and employees of the federal courts. It also conducts empirical studies and exploratory research into different aspects of judicial administration, such as case management, alternative dispute resolution, and proposed amendments to the federal rules of procedure. The Center also documents the history of the federal courts.
Event recording
Louie B. Nunn Center for Oral History, University of Kentucky Libraries, Interview with Jeremy Fogel
Published on September 21, 2017
Interviewer: Anu Kasarabada
Diversity of Experience: The Path to Becoming Chief (Inter-Court Conference 2016: The Future of Courts)
Published on April 6, 2017
This is an edited version of a panel discussion that took place at the regional Inter-Court Conference in Asheville, North Carolina, in September 2016. The discussion, moderated by Judge Jeremy D. Fogel, Director of the Federal Judicial Center, looks at the careers of four African-American jurists: three chief judges of the U.S. courts of appeals and the chief justice of a state supreme court. The judges appearing in the video are Chief Judge R. Guy Cole, Jr. (Sixth Circuit Court of Appeals), Chief Judge Roger Gregory (Fourth Circuit Court of Appeals), Chief Justice Bernette Johnson (Louisiana Supreme Court), and Chief Judge Carl Stewart (Fifth Circuit Court of Appeals). The discussion focuses on how the judges overcame hardship and discrimination in their early lives and careers to reach their current positions.
Event recording
John G. Heyburn II Initiative for Excellence in the Federal Judiciary Inaugural Program
February 1, 2017
Chief Justice John Roberts speaks at the University of Kentucky. Judge Fogel moderates a panel speaking on judicial courage, starting at 31:00
Link
2015
National Constitution Center
November 15, 2015
The Significance of the Reconstruction Amendments for the Federal Judiciary featuring Judge Janice Rogers Brown, Judge D. Brock Hornby, and moderated by Judge Jeremy Fogel.
The Influence of the Reconstruction Amendments National Constitution Center
November 15, 2015
The Influence of the Reconstruction Amendments featuring David M. Kennedy, Heather Mac Donald, and moderated by Judge Jeremy Fogel is one of a series of discussions about the legacy of Reconstruction.
Aula Magna – Mediação e Conciliação (Lecture Hall—Mediation and Conciliation)
June 10, 2015
Judge Fogel talking about mediation and learning the skill of listening.
Opening Plenary of the “National Summit on Innovation in Legal Services”
May 3, 2015
On May 3-4, 2015, the American Bar Association and Stanford Law School co-hosted a “National Summit on Innovation in Legal Services,” challenging thought leaders both from within and beyond the legal profession to develop action plans to ensure access to justice for all.
The opening plenary at the conference was a conversation on innovation and justice between Hon. Jeremy Fogel and Hon. Mariano-Florentino Cuellar.
2014
Video Oral History of Judge Jeremy Fogel, Northern District of California
July 14, 2014
Interviewer: Leah McGarrigle
Federal judges to recharge at Vanderbilt Law School, by Jim Patterson
March 14, 2014
This video features Professor Terry Maroney talking about Vanderbilt’s efforts to interact with the judiciary, and about the Federal Judicial Center’s midcareer program for district judges.
Event recording
2023
Judicial Mentoring
January 20, 2023
12:00 pm Pacific
75 minutes
Virtual
Join Berkeley Judicial Institute, Judge Charles Clevert (ret.) and Chief Judge Pamela Pepper as we discuss all things judicial mentoring.
The panel will talk about:
- Judicial mentoring basics, formal and informal
- Serving as judicial mentors
- How has being mentored helped them
- How has serving as a mentor helped them
Program Materials
CLE Available
BJI Law Clerk Diversity Study
Tuesday, December 6, 2022
12:00pm Pacific
75 minutes
Virtual
Please join Berkeley Judicial Institute’s Executive Director Judge Jeremy Fogel, Professor Mary Hoopes and Associate Justice Goodwin Liu for a discussion of the results of the law clerk diversity study BJI just released.
This work considered why, despite good faith efforts, there is a persistent lack of diversity in law clerk hiring in the federal courts, particularly at the appellate level.
