Ty Alper Urges Investigation of Death Penalty Procedures

Associated Press, July 22, 2011 by Greg Bluestein
http://www.abc12.com/story/15127885/georgias-videotaped-execution-sets-new-precedent

“It is always better to have more transparency in what has been an exceptionally secretive execution process,” said Ty Alper, an attorney who works with the death penalty clinic at the University of California-Berkeley. “But videotaping an upcoming execution is no substitute for conducting a real investigation into what actually happened.”

Christopher Edley Issues Scholarships to Cover UC Fee Increase

Above the Law, July 21, 2011 by David Lat
http://bit.ly/o7IIxF

I am choosing to exercise this autonomy in the coming year to effectively reverse this last minute fee increase for all three of our JD classes, including our new admits…. This increase is just too much, and it came too late. I am optimistic that these added financial aid costs can be offset by increased alumni donations as the economy recovers, and by continuing efforts to hold down less-than-essential expenses.

Alan Auerbach Supports Higher Tax Law Provision for Wealthy

San Francisco Chronicle, July 20, 2011 by Joe Garofoli
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/20/MNCO1KCA06.DTL

“It makes more sense to think of these individuals as earning this as compensation. They’re not business owners. They’re getting this percentage of the returns that the company is making as compensation for their work. If it were paid as wages and salaries, they’d be taxed at ordinary income rates.”

Robert Merges, Pamela Samuelson Discuss Patent Survey Findings

-Patently-O, July 19, 2011 by Robert Merges, Pam Samuelson, and Ted Sichelman
http://bit.ly/dc4GOo

The 2008 Berkeley Patent Survey has found that startups are patenting more than previous studies have suggested; that patents are being sought for a variety of reasons, the most prominent of which is to prevent copying of the innovation; and that there are considerable differences among startups in the perceived significance of patents for attaining competitive advantage, with biotech companies rating them as the most important strategy and software companies rating them least important.

-Patently-O, July 20, 2011 by Robert Merges, Pam Samuelson, and Ted Sichelman
http://bit.ly/bmJ4nB

Biotechnology companies report that patents provide closer to a “moderate” than a “strong” incentive to engage in the innovation process. Among software companies, the results are even more striking, with them reporting that patents provide less than a “slight” incentive. These findings raise questions about the importance of patents to innovation for entrepreneurs and startups. Indeed, the results have spurred some vigorous debate in the blogosphere.

-Patently-O, July 21, 2011 by Robert Merges, Pam Samuelson, and Ted Sichelman
http://bit.ly/blIB2W

One possible interpretation is that startup executives are generally unaware of the link between patents and success in the innovative process, which results in financial markets selecting those companies that patent more heavily. Another interpretation is that patents serve important functions not related to the innovation process, such as helping to prevent infringement lawsuits, providing leverage in cross-licensing negotiations, and acting as “signals” of firm competency, which drive investment.

David Gamage Explains Dispute Over Online Sales Tax

American Public Media, Marketplace Tech Report, July 19, 2011 by John Moe
http://bit.ly/pk77W6

“If Amazon.com doesn’t have to charge a sales tax and Barnes & Noble does … than it becomes much cheaper for you as a consumer to purchase from Amazon, and Amazon has a significant price advantage. That’s partly why you see Barnes & Noble, Walmart, and lots of other big retailers that have physical locations sponsoring and trying to campaign for legislation to make sure that Amazon and other exclusively online retailers would be taxed.”

Aaron Edlin Says Auerbach Good Choice as CEA Head

Politico, July 19, 2011 by Matt Negrin
http://dyn.politico.com/printstory.cfm?uuid=BA200C2F-1406-483E-AC46-4A7A97E5CE45

“I think the president certainly needs someone who is capable of seeing the best in … a variety of viewpoints,” said Aaron Edlin, a Berkeley professor who works with Auerbach, calling him a “moderate” and “open-minded.” “So I do think that someone who is moderate and balanced is a very good choice for head of the CEA. There are enough partisans in Washington. I don’t see that one needs another one as head of the CEA.”

Alejandro Sueldo Encourages US-Russia Cooperation on Missile Defense

The Moscow Times, July 19, 2011 by Alejandro Sueldo
http://bit.ly/qUecF7

As the stronger partner, the United States can afford to be more accommodating to Russian concerns, namely regarding missile defense. This is also in line with historical U.S. efforts to break the inertia of negative trends in relations, such as the current “reset” policy. Doing so would hamper Russia’s need to and rationale for holding bilateral relations hostage, and help foster greater cooperation on mutual concerns.

Alex Wang Discusses Green Litigation in China

China Dialogue, July 18, 2011 by Alex Wang
http://bit.ly/piUGFb

In our work over the years in China, a remarkable number of lawyers have expressed a desire and willingness to use their skills to help the environment and prevent injustice. Much work can be done to help these lawyers play a bigger role in China’s environmental protection.

Robert Bartlett Explains Rationale for News Corp. Severance Deal

The Daily Beast, July 18, 2011 by Josh Dzieza
http://bit.ly/qSY59P

Brooks likely also signed a confidentiality agreement, says Robert Bartlett, a professor at Berkeley Law. Not only would it keep her from talking about her employment at News Corp., it would keep her from talking about the settlement agreement that keeps her from talking about her employment at News Corp.