Richard Frank Calls for a Return to Environmental Federalism

Daily Journal, April 9, 2009 by Richard M. Frank
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

“The early signs from the Obama administration seem promising for a new era of cooperative federalism in environmental policymaking. Two cautionary notes, however: First, we should not expect that tensions between the federal government and California over environmental and energy policy will disappear…. Second, while California’s environmental disputes with the executive branch of the federal government are abating, they may actually increase vis-á-vis Congress. As congressional leaders take up landmark climate change and energy legislation, there will undoubtedly be pressure from some quarters to pre-empt California’s pioneering regulatory efforts in those areas.

Jason Schultz Questions Attorney Nesson’s Legal Tactics in Music-Sharing Suit

The Boston Globe, April 8, 2009 by Jonathan Saltzman
http://www.boston.com/news/local/massachusetts/articles/2009/04/08/to_noted_lawyer_its_an_open_and_shout_case?mode=PF

Jason Schultz, an assistant clinical professor at the law school at the University of California-Berkeley … agreed that posting the e-mail messages of potential defense witnesses was bizarre and risky; the recording industry could try to share the comments with a jury to undermine Tenenbaum’s case. Still, Schultz said, Nesson’s transparency might be part of a broader strategy to spur debate and make the case a public referendum on the file-sharing lawsuits. “This case is bigger than Joel Tenenbaum, and Joel may want it to be bigger,” said Schultz, who called Nesson a “wacky character” but brilliant.

Holly Doremus Describes Goal of Environmental Blog, Legal Planet

East Bay Express, April 8, 2009 by Robert Gammon
http://www.eastbayexpress.com/ebx/PrintFriendly?oid=958833

The site was created by UC Berkeley law professor Dan Farber and UCLA law professor Ann Carlson, and it features blog posts from environmental law professors at both universities…. The site is sure to attract attention from attorneys, “but we’re also hoping to do this in a way that speaks to intelligent lay people,” said Holly Doremus, a UC Berkeley environmental law professor and contributor to the blog.

Jacob Hacker Believes Public and Private Health Care Plans Can Co-Exist

NPR, All Things Considered, April 7, 2009 by Julie Rovner
http://www.npr.org/templates/story/story.php?storyId=102845967

“Medicare was a socialist plot, according to conservatives, when it was proposed in the 1960s, and now it’s as American as apple pie,” he said. “And I hope that the public plan within health care reform, the choice of a public health plan for non-elderly Americans will come to seem as American as apple pie.”

Christopher Edley Reiterates Importance of Academic Freedom

Contra Costa Times, April 4, 2009 by Christopher Edley Jr.
http://www.contracostatimes.com/opinion/ci_12065994

Berkeley administrators have spoken publicly and repeatedly about the importance of Professor Yoo’s academic freedom and First Amendment rights. During an interview with your reporter, I made it very clear that premature disciplinary procedures would raise a ‘McCarthy-era problem’…. Short of criminal conviction, the rules are somewhat vague, but the importance of academic freedom is not. Like others at Berkeley, I will watch developments regarding Professor Yoo carefully, even as we guard academic freedom zealously.

William Fernholz Lauds Moot Court Case and Presiding Panel of Judges

-Contra Costa Times, April 2, 2009 by Matt Krupnick
http://www.insidebayarea.com/oaklandtribune/localnews/ci_12056485

“This is an all-star panel,” said William Fernholz, director of appellate programs for the UC Berkeley law school, in a written statement. “We would be lucky any year to have one of these judges preside over the final round. It’s like hitting the jackpot to have all three join us.”

-The Daily Californian, April 15, 2009 by Keena Batti
http://www.dailycal.org/article/105267/supreme_court_justice_breyer_judges_moot_court_com

The case is centered on an actual lawsuit filed by the ACLU, which was never argued in the Supreme Court, according to Fernholz. “Justices that are sitting under the bench can’t talk about issues that might come before them,” he said. “This case is ideal in that it raises very complex and important issues, but thankfully, it’s moot.”

Richard Frank Says High Court Anti-Environmental Ruling Will Impact State Case

Daily Journal, April 2, 2009 by Lawrence Hurley
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

In the California case, the state Supreme Court is now likely to remand the case back to the 6th District in light of Wednesday’s decision, predicted Richard Frank, executive director of the Center for Law, Energy & the Environment at UC Berkeley School of Law. The Supreme Court’s ruling is of “direct relevance,” he added, which means environmentalists challenging plans for upgrading the Moss Landing site are unlikely to prevail.

Christopher Kutz Explains Limits of Spanish Case against U.S. Attorneys

The Daily Californian, April 1, 2009 by Erika Oblea
http://www.dailycal.org/article/105041/professor_john_yoo_may_be_charged_in_spanish_court

The court accuses Yoo and other lawyers of the administration with creating a legal framework that justified the torture of a Spanish citizen, said Christopher Kutz, a Boalt Hall School of Law professor and vice chairman of the campus’s Academic Senate. But because the case is being reviewed in Spain, Kutz said it is doubtful whether Yoo and the other lawyers will be arrested. “The likelihood of him being arrested and standing trial is basically zero,” Kutz said. “The case has legal significance apart from that, because it concerns the possible violation of serious domestic and international laws.”