Monthly Archives: October 2010

Jesse Choper Expects Tattoo Ruling to Hold

The Associated Press, September 9, 2010 by Paul Elias
http://nyti.ms/cp6aWe

Free speech expert Jesse Choper said it’s unlikely the U.S. Supreme Court would take up the case, noting that Bybee is a politically conservative judge. ”It’s a pretty straightforward case,” said Choper, a law professor at the University of California, Berkeley. ”It would seem a clear, uncontroversial application of the First Amendment.”

Joan Hollinger Examines State’s Legal Response to Prop. 8 Ruling

The Christian Science Monitor, September 9, 2010 by Daniel B. Wood
http://bit.ly/a1v8k6

“Both the Governor and the Attorney General were convinced by the merits of Judge Walker’s comprehensive factual findings and legal conclusions,” says Joan Hollinger, professor of law at the UC Berkeley School of Law. “And,” she adds, “as is their prerogative under our state law, they have decided not to appeal his ruling to the Ninth Circuit Court of Appeal. They are both discharging their obligations under California law and do not want to waste public resources on defending a proposition they and their lawyers believe has been appropriately found to violate the federal Constitution.”

Ken Taymor Questions Stem Cell Ruling

The Burrill Report, Podcast, September 7, 2010 Host Daniel Levine
http://www.burrillreport.com/article-doj_seeks_stay_in_stem_cell_ruling.html

“The entire enterprise of not only directly creating an embryonic stem cell line or experimenting on embryonic stem cells, but all cells and products that were derived from it were lumped into one huge basket of ‘research.’ And the judge said that all of that research was prohibited by the Dickey-Wicker amendment. This is an extraordinary interpretation.”

Eric Talley Explains HP Suit Against Hurd’s Oracle Move

KCBS-AM, September 7, 2010 Hosts Rebecca Corral and Melissa Culross
(Link no longer active. Go to G:\Law School in the News\News Clips for transcript.)

“This is a very, very difficult collision course between intellectual property on the one hand and building your own resume of experience on the other hand. To some extent it has got to be the case that with a large tech-oriented company like HP, there are going to be very, very confidential pieces of information that are going to be extremely valuable to someone else.”

David Kirp Thinks Privatization Threatens Academic Ideals

Inside Higher Ed, September 7, 2010 by Scott Jaschik
http://www.insidehighered.com/news/2010/09/07/ucla

By embracing the idea that those parts of the university that can bring in more money should do so, and be rewarded for doing so, Kirp and Roberts write that the university was placing ideals at risk. “Does the academic commons that Thomas Jefferson tried to embody in his design of the Lawn—professors and students with diverse academic interests coming together in a single open space—stand a chance in this dollar-driven era? Can a university maintain this kind of intellectual community if learning becomes just another consumer good?” they write.

Richard Buxbaum Notes Precedent in Investors’ German Bonds Case

The Associated Press, September 6, 2010 by Curt Anderson
http://bit.ly/aDJnRZ

Richard Buxbaum … said the U.S. government set up a fund for investors by seizing Chinese assets in a case involving unpaid bonds from pre-communist China. In the German bonds case, he said, the key for a U.S. judge will be to decide if Germany’s system of authenticating the securities passes U.S. constitutional muster. ”You have to show some proof of ownership,” Buxbaum said. ”My guess is that the American courts would apply the German law.”

Jason Schultz Comments on Craigslist’s Adult Services Battle

Contra Costa Times, September 4, 2010 by Patrick May and Washington Post
http://www.contracostatimes.com/business/ci_15993275?nclick_check=1

By choosing the word “censored,” Craigslist seemed to signal that the battle will continue, said Jason Schultz, a law professor at UC Berkeley. “Maybe what (Craigslist is) trying to do is raise the other side of the issue, which is that there’s serious First Amendment, freedom-of-information issues” on their side, Schultz said. “This seems to me completely adversarial, still.”

Pamela Samuelson Finds Patents a Low Priority for Software Entrepreneurs

-PRWire, September 3, 2010 by Sarin Kouyoumdjian-Gurunlian
http://www.prwire.com.au/pr/19916/keeping-ip-rights-where-they-belong

“First mover advantages, reputation, and complementary assets are going to be much more important to firms than patents. In the software industry, we discovered that copyrights, trademarks, and secrecy are more important than patents in achieving competitive advantage.”

-The Wall Street Journal, Venture Capital Dispatch, September 8, 2010 by Jason Mendelson, Paul Kedrosky, Brad Feld
http://bit.ly/aW4xjU

This analysis isn’t just our opinion, but also that of Samuelson, who recently wrote the following summary regarding the importance of patents to entrepreneurs: “Two-thirds of the approximately 700 software entrepreneurs who participated in the 2008 Berkeley Patent Survey report that they neither have nor are seeking patents for innovations embodied in their products and services. These entrepreneurs rate patents as the least important mechanism among seven options for attaining competitive advantage in the marketplace.”

Stanley Lubman Says Food Safety in China Remains Problematic

The Wall Street Journal, China Real Time Report, September 3, 2010 by Stanley Lubman
http://bit.ly/coYybu

Sino-American cooperation to increase product safety is increasing, but this does not relieve concern about the safety of food and other Chinese exports to the U.S. China’s enforcement of its own laws remains inconsistent, local governments often try to hide information about defective products, and whistleblowers risk punishment. Moreover, as China’s foreign trade expands, problems may also grow in other areas.