It’s no secret: How Weapons Fuel America’s Mass Shootings

This article first appeared on the UC Berkeley Law School website on 8/13/2019

Mental illness. Video games. The Internet. These are excuses offered by the U.S. President and his supporters for a scourge of mass killings. But five decades of empirical research by preeminent criminal law expert Professor Franklin Zimring tell a different story: The core of our country’s deadly violence is access to weaponry.

An estimated three-hundred million guns are cached throughout America’s households: handguns, rifles, assault weapons. The idea that “guns don’t kill people—people kill people,” promoted by gun advocates, skirts the issue.

“Does the availability of guns increase the death rate from assault? Of course, it does,” Zimring said. “Trying to reduce death totals without discussing guns” belies logic and “ignores risks to public health.” 

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A rebuke of Ed Whelan: What goes around comes around

Kudos to columnist E.J. Dionne (The ugly attacks on Christine Blasey Ford…) for chastising legal scholar Ed Whelan, who tried to pin Judge Kavanaugh’s alleged boorish behavior on an innocent man.

I watched Whelan’s shenanigans first-hand when he targeted then-UC Berkeley law professor Goodwin Liu. Liu –widely admired for his decency, open-mindedness and intellect—was nominated by President Obama in 2010 to serve on the U.S. 9th Circuit Court of Appeals. But Whelan staged a full-frontal attack against Liu’s legal acumen. It was political hucksterism at its finest under the guise of conservative values.

The blatant misinformation campaign prompted Richard Painter, the chief ethics lawyer for President George W. Bush, to rebuke it. Painter described Liu as a man guided by integrity rather than political expediency … a moderate liberal … open to ideas championed by libertarians and conservatives.

Painter—an eyewitness to the confirmation fights over Justices Roberts and Alito—was keenly aware of the politics behind the Liu attacks:

Indeed, much of this may have nothing to do with Liu but rather with politicians and interest groups jostling for position in the impending battle over the president’s next nominee to the Supreme Court, Painter wrote.

It was a prescient comment. Obama’s last nominee to the Supreme Court – Judge Merrick Garland – never even got a hearing on Capitol Hill.

Liu eventually withdrew his name from consideration. Nevertheless, in a masterful stroke, Gov. Brown snagged him for California’s Supreme Court in 2011. Justice Liu is now a highly respected jurist, akin to the court’s one-time intellectual powerhouse Justice Roger Traynor.

Fast forward as conservative Republicans jockey to get Kavanaugh on the U.S. Supreme Court—no matter the cost to his accusers – or the country. It has nothing to do with moral values and everything to do with political calculus. And Whelan is a willing conspiracist.

US Immigrants: Living in the Shadows

A longer version of this article first appeared in the San Francisco Chronicle on July 12, 2018, entitled: Despite what you might think, there is no ‘good-guy’ visa.

Meet Antonio, a loving husband and father of three. A skilled furniture-maker and the sole provider for his family. In his 19 years in California, he’s put down roots, worked hard, and paid his taxes like any U.S. resident. But Antonio is undocumented.

Antonio (who doesn’t want to use his last name) came here to raise a family without fear of extortion or violence in his home town near Coyoacán, Mexico. He says it’s worse there now, rife with gangs, corruption and crime. No one is safe, he says; people feel threatened — even by the authorities.

But now Antonio lives in fear here in the U.S. One night in 2013, driving home late from work, Antonio was charged with reckless driving. It was his first and only offense. It was a minor infraction but has changed his life.

The U.S. government has been trying to deport him ever since. He just lost his asylum case before an immigration judge in San Francisco. He’s appealing the ruling, but his chances are slim to none.

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Lawyers as Change Agents

By Susan Gluss

Activist lawyers, not in-house counsel, are typically seen as change agents who advocate for human rights laws, environmental protections, and fair wages. But the role of general counsel is undergoing a seismic shift, as consumers urge companies to drive positive change, not just reap profits.

“Corporate lawyers have to consider what is right, not just what is legal,” said Amelia Miazad, the founding director of UC Berkeley Law School’s Business in Society Institute. “Companies now have to think about environmental, social, and governance issues, and that falls squarely within the role of the general counsel.”

For Nestlé, it started with a shocking accusation that one of its fish suppliers in Thailand trafficked in forced labor. Instead of quitting the market, Nestlé voluntarily worked to end the illegal practice.

“The company partnered with the NGO that was investigating the supply chain in Thailand. They published the NGO’s report on forced labor, and then worked with the Thai government to make sure it knew how to enforce local laws. It’s an example of how lawyers are weighing not only legal risk, but also reputational risk,” Miazad said.

Read the full story on the UC Berkeley Law website, published 12/19/17.

Blockchain: The Latest Technology Disrupter

By Susan Gluss

Advanced technologies are driving innovation in mobile banking, securities transactions, and data storage. Simply put, checkbooks are out, and Venmo is in. The newest technology disrupter, blockchain, may fundamentally alter business operations on a global scale, raising a host of legal, consumer, and regulatory issues.

Blockchain is described as a high-tech ledger of transactions and was originally developed to support the cryptocurrency bitcoin. But it’s quickly become the darling of multinational corporations eager to adopt it for their own needs: It’s a highly secure, decentralized and encrypted method of tracking digital assets.

Read the full story on the UC Berkeley Law School website, published 11/9/17.

Citizens’ Rights at Risk During Wartime

By Susan Gluss

In her new book, Habeas Corpus in Wartime, Professor Amanda Tyler offers a searing look at episodes in U.S. history when the federal government undermined its citizens’ legal rights during times of war.

Tyler focuses on the constitutional protection against unlawful imprisonment, or the writ of habeas corpus—and the government’s power to suspend it during conflicts. Her critique reveals an incremental breakdown of habeas corpus, starting with the American Revolution and continuing through the war on terror.

Taking sharp aim at the most egregious instance of illegal detention, the internment of Japanese American citizens during World War II, Tyler questions the extent of executive power that enabled that chapter in U.S. history.

Read the full story here, first posted on the UC Berkeley Law website on 10/23/17.

Erwin Chemerinsky Is Dean of Berkeley Law

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Esteemed educator, litigator and legal scholar Erwin Chemerinsky has been named dean of UC Berkeley School of Law. He is the founding dean of UC Irvine School of Law, a position he’s held for the past nine years. His five-year term at Berkeley begins on July 1.

In a statement announcing the appointment, UC Berkeley Interim Executive Vice Chancellor and Provost Carol Christ called Chemerinsky “an acclaimed researcher, gifted teacher and accomplished administrator.”

“I believe he will be a phenomenal leader for our law school, someone who will ensure that Berkeley Law remains not only a powerhouse of legal scholarship and training, but also a community built on mutual respect and inclusion,” Christ said.

Law professor and search committee member Sonia Katyal called Chemerinsky a “living legend—a person who exemplifies the very best that the field of law has to offer: brilliant, warm-hearted, thoughtful, open-minded, and deeply engaged in the culture of public service.”

Chemerinsky, 64, said he was “thrilled and humbled” by this “amazing opportunity.”

“I care deeply about the public mission of the law school and the public service it provides through its clinical and pro bono programs,” he said. “My goal as dean is to maintain the school’s excellence—be it in intellectual property, social justice or business law—and look for every opportunity I can to enhance it.”

Read the full story here, which first appeared on the UC Berkeley Law website on 5/17/17.

Privacy Rights May Hinge on Calif. High Court

Read the full story on the UC Berkeley Law School website.

On a late summer night, in July 2012, California resident Paul Macabeo rolled his bicycle through a stop sign. The street was deserted, but, unbeknown to Macabeo, a patrol car with its lights off had been trailing him. As soon as he rode through the sign, the cops pulled him over.

The officers found his cell phone and searched it—without a warrant and without his consent. Scrolling through the phone, they found illegal photos of child pornography. The officers had only intended to cite Macabeo for failure to stop, a minor infraction. But once they discovered the photos, they handcuffed him and locked him up. He was found guilty of a felony and sentenced to five years of probation.

At the time, Macabeo couldn’t have known that his bike ride—and the cell phone search—would lead to a legal battle that could impact millions of Californians.

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Lawsuit Filed Against U.S. for Human Rights Abuses

The International Human Rights Law Clinic filed a petition against the United States for the death of a Mexican national by U.S. Customs and Border Protection (CBP). The complaint, filed with co-counsel Alliance San Diego before the Inter-American Commission on Human Rights, calls for an investigation into the killing and a condemnation of U.S. actions.

The deceased, Anastasio Hernandez Rojas, died on May 31, 2010, a few days after border agents took him into custody. The father of five was caught trying to cross the Mexican-U.S. border to rejoin his family in San Diego. He’d been deported just weeks earlier, despite having lived and worked in the U.S. for more than two decades.

CBP agents transported Anastasio to a deportation gate, and it’s there that the brutal beating ensued. As Anastasio objected to his detention, a dozen or more border agents punched, kicked, dragged, Tased, hogtied, and denied him medical attention, according to the petition.

Immobilized on the ground, Anastasio cried out for help in Spanish. His cries drew the attention of witnesses standing on a nearby pedestrian bridge, and several onlookers recorded cell phone footage. Border agents sought to confiscate any evidence—but two eye-witnesses hid their phones and eventually released videos of the beating. Broadcast on U.S. news networks, the videos led to a public outcry and heightened scrutiny of the case.

Read the full story on the UC Berkeley Law School website.

Join the Justice for Anastasio movement here.