A new study by Professor Eric Biber finds that public citizens are better at pinpointing endangered species than the Fish and Wildlife Service. A Science magazine article co-written by Biber about the study caught the attention of the New York Times, which published an editorial on the topic.
Cops typically arrest and jail criminals; they rarely help released prisoners navigate the return home. But a paper co-authored by Sarah Lawrence, a director at Berkeley Law’s Warren Institute, says an active police role in prisoner reentry could help reduce crime and recidivism in poor communities.
Legal services programs help more than one million low-income clients annually, yet scant evidence exists about their efficacy. In a new Yale Law Journal essay, clinical law professor Jeffrey Selbin calls for empirical research to help improve and expand the delivery of legal services to clients in need.
The Yale-Harvard-Stanford Junior Faculty Forum selected Asst. Prof. Bertrall Ross’s new paper to discuss at its recent annual conference. Ross argues that the Supreme Court uses nuanced standards to assess whether electoral laws dilute racial minorities’ votes, even though equal protection claims require proof of intentional discrimination.
African Americans make up 14 percent of the U.S. population, but 44 percent of those who are HIV-positive, while Latinos have triple the infection rate of whites. In a new paper, co-author Russell Robinson says structural inequities, not high-risk behavior, create the wide disparities in rates and outcomes of minorities with HIV/AIDS.
Residential buildings account for about 20 percent of U.S. greenhouse gas emissions. A new report by Lori Bamberger, senior fellow at the Berkeley Center for Law and Business, lays out a plan for significantly increasing the pace of energy efficiency efforts in California’s existing single-family homes.
A new national survey by Berkeley Law’s Jennifer Urban ’00, Chris Hoofnagle, and Su Li found that Americans overwhelmingly consider information stored on mobile phones to be private. The vast majority of about 1,200 adults surveyed also rejected collection of mobile phone data for coupons, ads, telemarketing, and more.
A new report by the International Human Rights Law Clinic, Sexual Diversity in El Salvador, finds rampant abuse and discrimination against the LGBT community. Written by Clinical Instructor Allison Davenport, the report recommends stronger legal protections for that country’s transgender individuals.
The 100 most popular websites track their users online, and reliable ways to measure this activity are vital as policymakers confront consumer privacy concerns. A new Web Privacy Census, co-developed by Berkeley Law’s Christopher Hoofnagle, attempts to do just that, by measuring online tracking over time.
In a new paper, American Youth ViolenceÂA Cautionary Tale, Professor Franklin Zimring examines criminal trends since 1975 and finds catastrophic errors in juvenile crime projections. He argues that adolescent violence has arrived at a “new normal” and that the volatile swings of the ’80s and ’90s are over.
A new report by Berkeley Law’s Chief Justice Earl Warren Institute on Law and Social Policy gives failing marks to California’s continuation high schools. Designed to help at-risk students, the schools too often serve as “dumping grounds” for disruptive teens.
Professor and Director of the Haas Diversity Research Center, john a. powell is the author of a new paper on poverty and race. Powell writes that in a mature democracy, poverty is “about social exclusion and the lack of belonging, not material inequality.” He argues that exclusion, often due to racial differences, is key to understanding and addressing poverty.
Information privacy law expert Chris Hoofnagle, Samuelson clinic co-director Jennifer Urban, and statistician Su Li surveyed consumers about purchasing goods and services with mobile phones. In a new paper, Mobile Payments: Consumer Benefits & New Privacy Concerns, the co-authors report that Americans overwhelmingly oppose cell phone payments that let retailers track their locations or obtain their contact info.
In Framing Cultural Difference: Immigrant Women and Discourses of Tradition, professor Leti Volpp argues for a better understanding of immigrant culture. Volpp says we assume that immigrant women will be emancipated when they have abandoned their cultures. But she proves this theory wrong through the work of domestic violence advocacy groups, expert testimony in a case of attempted parent-child suicide by a Sikh immigrant, and more.
Assistant Clinical Professor Jennifer Urban co-authors a Science article calling for the publication of software created during publicly-funded research. The authors argue that the release of open source code would yield substantial benefits including improved code quality, while allowing for adequate peer review and experimental reproduction.
The Human Rights Center has released a new report on the impact of Kenya’s Sexual Offences Act. The 2006 law was designed to stop that country’s sexual and gender-based violence often triggered by contentious national elections. The report concludes with a series of recommendations including the formation of a permanent government body to oversee implementation of the act.
People who sign petitions are more likely to vote than non-signers. That’s troubling news for Gov. Scott Walker in Wisconsin’s June special election, triggered by a recall petition with 1 million signatures. A new study co-authored by Shayne Henry ’14 is the first to match ballot petitions with official voter records.
Plaintiffs who base employment discrimination suits on multiple claims, such as race and age discrimination, are twice as likely to lose as those who cite just one claim. A new report co-authored by professor Lauren Edelman ’86 is the first systematic empirical analysis of this issue, tracking 35 years of federal decisions.
Justin McCrary is the co-author of a paper that analyzes juvenile criminal data. “Youth Offenders and the Deterrence Effect of Prison” finds that young criminals are not deterred by harsher punishments as they grow into adulthood. The co-authors predict that reforms to move juveniles to adult criminal courts will also fail to deter their criminal behavior.
Professor Melissa Murray’s award-winning article, Marriage as Punishment, has just been published in the Columbia Law Review. Murray finds that the romantic notion of marriage as bliss contradicts its historic role. Until the mid-20th century, marriage was seen as punishment for the crime of sexual seduction; it transformed sexual outlaws into in-laws.
American cities are going broke. Some are dying off, leaving ghost towns in their wake. Others are closing city offices and disincorporating. A new article by assistant professor Michelle Wilde Anderson explores how this trend affects issues such as governance, race, and community.Â
Despite Bank of America’s $335 million settlement of a racial discrimination in mortgage lending claim against its Countrywide subsidiary, problems persist. A new paper by Berkeley Law’s Richard Rothstein says such discriminatory practices are standard and that regulators have sanctioned them for nearly a century.
In a new quarterly column, professor David Gamage argues that restrictions on state tax hikes, or “tax increase limitations,” can be easily evaded. He says the term “tax increase” in this context is meaningless, and that California’s legislature can thus circumvent rules requiring a two-thirds vote.
Protection of personal data plays a key role in privacy law, especially if “Personally Identifiable Information” (PII) is involved. But professor Paul Schwartz says the current use of PII is misguided, putting our identities at greater risk. He proposes a new approach called “PII 2.0.”
Napa’s wine industry has long benefited from laws protecting agricultural land. An article co-authored by Richard Mendelson, director of Berkeley Law’s Wine Law and Policy Program, explains area voting requirements for re-designating such land and the impact of strict controls on local property taxation. Read it here.
Professors Calvin Morrill and Lauren Edelman ’86 have co-authored the first empirical study on how law impacts daily life in high schools. The award-winning article reveals that students and teachers rarely file suit or pursue mediation after a rights violation.
Two faculty members explore the link between citizenship and inequality in an online symposium produced by Issues in Legal Scholarship, of which professor Dan Farber is editor-in-chief. Professor Leti Volpp edited and wrote an introduction for the symposium, “Denaturalizing Citizenship,” which dissects two leading books on the issue. Professor Sarah Song penned a chapter called “Rethinking Citizenship through Alienage and Birthright Privilege.”
How should government research subsidies be allocated: What percentage should go to commercial firms and how much to academia? Should the law protect knowledge created by university research? In a paper presented to the American Economic Association, Professor Suzanne Scotchmer suggests a mix of subsidies that would enable university researchers to focus on ideas, while for-profits focus on innovations.
Are courts accepting workplace anti-discrimination policies at face value even when they’re ineffective? A new study co-authored by Professor Lauren Edelman ’86, former faculty member Linda Krieger, Scott Eliason, Professor Catherine Albiston ’93, and Virginia Mellema ’87 reveals a disturbing trend of “judicial deference to institutionalized organizational structures” that undermines civil rights law.
Should government rescue a bank that’s “too big to fail?” In A Model of Optimal Corporate Bailouts, Eric Talley analyzes the pros and cons, weighing social gain against financial risk. Talley and co-authors explore when (and if) bailouts are justified and propose a model for analyzing the tradeoffs.
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A new study by Professor Robert MacCoun finds that Dutch teens smoke less weedand have a harder time getting itthan U.S. youth. The findings are surprising, given Hollands numerous adults-only clubs where pot is plentiful. Read more here.
In a new article, Diffusion through Democracy (American Journal of Political Science), Assistant Professor Katerina Linos examines why international norms can often trigger major national legal reforms. Read about it here.
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In the wake of Governor Jerry Brown’s plan to move prisoners to county jails, California could be one of the first states to close its state-run youth facilities. A policy paper by criminal justice expert Barry Krisberg, who heads the Warren Institute on Law and Social Policy, reviews California’s progress in juvenile prison reform and the challenges that remain.
Consumers typically don’t read contracts, blissfully unaware of hidden traps. The result can be nasty: subprime mortgage crisis, anyone? Assistant professors Victoria Plaut and Robert Bartlett tackle this issue within a notorious domain: Internet click-through agreements. Their article suggests ways to increase readership so consumers can avoid contract pitfalls.
Attorney and wine law expert Richard Mendelson, who established Berkeley Law’s Program on Wine Law and Policy, has published a new book. Called “Wine in America: Law and Policy,” the book explains the federal, state, and local laws that govern wine production, taxation, marketing, distribution, and sales. It’s the first textbook on wine law and policy in the U.S.
New York’s High School Regents Exams are plagued with “pervasive,” but probably altruistic, manipulation of borderline student test scores, a study by Professor Justin McCrary has found. Along with three co-authors, McCrary finds evidence that teachers boost scores just enough to push students over key “performance thresholds.” (Photo by Newsday)
City street designs contribute to greenhouse gas increases by discouraging foot traffic, bicycles, and transit use, a new report from Berkeley Law’s Center for Law, Energy and the Environment says. In the City Streets Project report, the authors examine the basis for regrettable street design habits, and consider better alternatives.
Should intangible itemscreations by musicians, authors, inventorsbe protected by property rights? Skeptics emphasize the need for free and open access to knowledge. But in a forthcoming book, Berkeley Law’s Robert Merges crafts an original theory to explain why IP rights reward effort and encourage individuals to strive.
Commentators often bemoan how petitions and citizen suits drive the agendas of environmental agencies. But assistant professors Eric Biber (Berkeley Law) and Berry Brosi (Emory University) examine U.S. Endangered Species Act petitions and conclude that the public often helps agencies make better decisions.
The challenges shaping the life chances of boys and young men of color are well-documented but still shocking. A new book, edited by Dean Edley and Jorge Ruiz de Velasco sheds light on the urgent need to understand the factors that affect young men and boys of color as they make critical decisions in their lives.
What happens when individuals leave prison and return to their communities? Too often, they face unemployment and low wages. In a new report, the Berkeley Center for Criminal Justice argues that California can do better at finding job opportunities for the growing number of people with criminal records.
When is the right time to object to how you are going to die? The question looms large for thousands of death row inmates. Assistant Clinical Professor Ty Alper examines how courts have begun to dismiss method-of-execution challenges based on statute-of-limitations grounds. He proposes a new approach.
How much does immigration contribute to the crime problem in California? Immigration has increased steadily in the state, notes Senior Fellow Barry Krisberg. But “crime has shown a large and steady decline in California.” In his new study, Krisberg finds no evidence linking immigration to a “crime emergency.”Â
How do Family and Medical Leave Act rights operate in practice in the courts and workplace? Professor Catherine Albiston examines how institutions and social practices transform the meaning of these rights to recreate inequality. In her new study, “Rights on Leave,” Albiston says workplace rules, norms and assumptions constrain social change.