Berkeley School Research Articles

The Prosser Letters: Scholar as Dean

Abstract Examining a previously unexplored trove of letters, this article sheds new light on the thinking and work of William L. Prosser, the past century’s leading torts scholar. In these letters to family written while dean of the University of California, Berkeley School of Law, Prosser candidly describes his approach to scholarship; the development of his casebook, the second edition of Prosser on Torts, and some of his most well-known and influential articles. Moreover, Prosser provides his often-cynical impressions of the legal process; his views of his peers at Berkeley and at other institutions; and his work as dean. The letters also demonstrate some of Prosser’s limitations, including his craving for attention, a sometimes petty personality, and racial and ethnic biases. In all, the letters capture a scholar at the zenith of professional accomplishment in his field, who nevertheless showed signs of the insecurity that would later trigger his resignation from the Berkeley deanship and retreat from the forefront of torts scholarship.

The Berkeley School of Political Theory as Moment and as Tradition

“The Berkeley School of Political Theory as Moment and as Tradition” Dean Mathiowetz Politics Department, University of California, Santa Cruz dpmath@ucsc.edu Article accepted for publication and forthcoming in PS: Political Science & Politics This is the author final version. Each essay in this rich symposium 1 draws out something crucial in the material conditions, personal relationships, historical conjectures, and shadows of influence that together made political theory at UC Berkeley a highly distinctive endeavor in the 1960s and after. And because the whole is more than the sum of its parts, reading the essays together reveals a series of events, relationships, ideas, and responses to these, over many years and multiple generations of scholars, for which the term “school” seems both apt and altogether too static. What’s more, to make sense of the question of the ‘Berkeley school’—whether, when, whom—we must necessarily grapple also with the question of what exploring these questions means to us, and who we even are who ask or seek answers to them. It turns out that the 1 This essay is both a commentary on and contribution to a symposium on the Berkeley School of political theory in journal PS: Political Science and Politics. Other contributors to the symposium are John Gunnell, Terrence Ball, Tracy Strong, Emily Hauptmann, and Brian Weiner. I was the symposium guest editor, along with Emily Hauptmann.

“Teaching as if Citizens Would Seek Their Counsel”: Pedagogy in the Berkeley School

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Politics and The Political in the “Berkeley School” of Political Theory

Politics and The Political in the “Berkeley School” of Political Theory

Was There a Berkeley School of Political Theory?

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Reflections on Cultivating Community-based Participatory Research Partnerships with the Afghan Immigrant Community.

Reflections on Cultivating Community–based Participatory Research Partnerships with the Afghan Immigrant Community Mehra Shirazi Background Using a community–based participatory research (CBPR) approach, we describe the process of a first–time campus–community partnership between UC Berkeley School of Public Health and the Afghan Coalition in California. Objectives: We reflect on lessons learned in cultivating a unique community health partnership to provide a preliminary understanding of how Afghan immigrant women view their breast health, and to determine and assess their barriers to breast cancer screening. This story will emphasize the importance and challenges of (1) negotiating equitable collaborative relationships, (2) recruitment and retention of participants by community members and ways to overcome cultural and language barriers, (3) training of community members, and (4) data dissemination. Conclusion Conducting meaningful community partnerships should be driven by a social justice agenda where community has control over the production of knowledge and engaged in all phases of research. There is also a need for transparency and mutual agreement around roles and responsibilities where researchers take on facilitative roles and do not attempt to control the research process. These are the reflections of the first community/campus partnership between the Afghan Coalition of Alameda County, CA and the UC Berkeley School of Public Health in an effort to provide a preliminary understanding of how Afghan women view their breast health. This was done through in–depth semi–structured interviews conducted with non–English speaking first–generation immigrant Afghan women above the age of 40. This narrative aims to describe the experience of engaging in community–academic partnerships that brought forth essential information pertaining to the breast health [End Page 21] screening practices of Afghan women which then led to a five–year breast health education intervention program funded by the National Institute of Health. My mother, my sister, my aunt, my daughter . . . In telling their stories, the women were speaking about their struggles, their pain and resilience. They painted an accurate picture of breast cancer in their communities, which remained a subject considered taboo in Afghan culture. It was clear this was more than a “make sure everyone gets a pamphlet” intervention. No intervention was going to work unless it was a part of the community itself; not for them or about them or even from them. In a refugee community struggling against the label of terrorist as the United States entered its second decade of war in Afghanistan, information and access to preventative healthcare, including breast cancer screening, was minimal. And the stories kept coming. My niece, my daughter–in–law . . . Working with the Afghan community of Alameda County, CA, the largest Afghan refugee population in the United States, two–thirds of whom are female, meant we were approaching a long–established community with its own politics, social and cultural norms, and community leaders. It can be easy, and expedient, to paint broad circles in the name of increased access, but it was clear that previous research on immigrant Muslim women and breast cancer hadn’t addressed the scope of what we were facing. The women here were less literate, unaware of screening recommendations, and hampered by their immigrant status, cultural valuation of female modesty, and a necessary wariness of any dealings with officialdom in the age of the “War on Terror” wherein the community was consistently approached for informants. My mother–in–law, my cousin, my wife . . . Establishing any partnership is part act of faith and part extended learning curve, but the development of a true partnership across culture, language, religion, and deep societal mistrust required more than good intentions. The high rates of breast cancer anecdotally reported in the population, as well as the lack of access to care still faced by an established community (mean residence in the US was 16 years) pointed to the need for a culturally based intervention program to establish and address attitudes toward breast cancer screening among a population with limited English language usage, high rates of illiteracy in any language, cultural concerns around female modesty, and limited access to healthcare providers. Two groups, from the UC Berkeley School of Public Health and the community via the non–profit Afghan Coalition came together for a...

Anti-Chinese Racism at Berkeley: The Case for Renaming Boalt Hall

Those familiar with UC Berkeley School of Law know its traditional name and the name of its primary classroom building - Boalt Hall. Yet few know much about the man who gave the law school its name. A close look at John Boalt’s legacy, however, calls out for a reexamination of the law school’s continued association with Boalt, given the contrast between UC Berkeley’s stated values and Boalt’s influential views that the Chinese were an unassimilable race that ought to be excluded from the United States. Boalt's racial theories were identical to John C. Calhoun's, whose name Yale University recently removed from a residential college on the grounds that Calhoun's principles and legacy are at odds with Yale's mission and values. Through his widely-circulated and virulently racist 1877 address The Chinese Question and his proposal for a plebiscite on further immigration, Boalt was instrumental in catalyzing support for the Chinese Exclusion Act.

Unanswered questions for implementation of the Sustainable Groundwater Management Act

Outlook Unanswered questions for implementation of the Sustainable Groundwater Management Act Michael Kiparsky, Director, Wheeler Water Institute, Center for Law, Energy & the Environment, UC Berkeley School of Law A rig drills a new well in Merced County. In the foreground is a pressure relief structure for subsurface water pipes. Groundwater accounts for between one-third and two-thirds of California’s water use in a given year and serves as a lifeline when surface water runs low during drought. In part because of California’s historical lack of groundwater use regulation, this crucial resource is threatened. In some areas, declining groundwater levels have caused the land surface to subside at a rate of more than one inch per month, damaging roads, canals and pipelines. Falling water tables are driving a well-drilling race that threatens farms, communi- ties and ecosystems. To address the problem of chronic groundwa- ter overdraft, SGMA, adopted in 2014, declares a state policy of managing groundwater sustainably, with sustainability defined as avoiding six specific undesirable results. These are “significant and unreasonable” (1) lowering of groundwater levels, (2) reduction in groundwater storage, (3) seawater intrusion, (4) water quality degradation, (5) land subsidence and (6) impacts on beneficial uses of interconnected surface waters. In concept, this forward-thinking framing aligns the requirements of the law with the im- pacts of unsustainable groundwater use and the actions needed to address those impacts. To accomplish these objectives, SGMA relies primarily on local control, with an enforcement backstop provided by the State Water Resources Control Board. New local entities called groundwa- ter sustainability agencies (GSAs) will do the bulk of the work of implementing SGMA by developing, implementing and updating groundwater sustain- ability plans (GSPs). A GSP provides the template for achieving sustainable groundwater manage- ment in a GSA’s jurisdiction within 20 years. GSAs must be formed by 2017 and GSPs completed by 2020 or 2022. http://calag.ucanr.edu • OCTOBER–DECEMBER 2016 165 Leigh Bernacchi C alifornia is grappling with the implications of the Sustainable Groundwater Management Act (SGMA), a visionary and potentially revolutionary law that could profoundly change the way water is managed in the state. The nature of the revolution, however, is not yet clear. Whether and how SGMA achieves its goals hinges on open questions about its implementation.

How Rigged Are Stock Markets? Evidence from Microsecond Timestamps

We use new timestamp data from the two Securities Information Processors (SIPs) to examine SIP reporting latencies for quote and trade reports. Reporting latencies average 1.13 milliseconds for quotes and 22.84 milliseconds for trades. Despite these latencies, liquidity-taking orders gain on average $0.0002 per share when priced at the SIP-reported national best bid or offer (NBBO) rather than the NBBO calculated using exchanges’ direct data feeds. Trading surrounding SIP-priced trades shows little evidence that fast traders initiate these liquidity-taking orders to pick-off stale quotes. These findings contradict claims that fast traders systematically exploit traders who transact at the SIP NBBO. Statement of Financial Disclosure and Conflict of Interest: Neither author has any financial interest or affiliation (including research funding) with any commercial organization that has a financial interest in the findings of this paper. The authors are grateful to the University of California, Berkeley School of Law, for providing general faculty research support.

A Maps of meaning hatása a kulturális földrajzra

Cultural geography is barely, if not entirely, unknown in Hungary. There was some interest in recent years, but the authors of the very few published papers about the subject couldn’t answer the most fundamental questions about it, especially about the connection between traditional and new cultural geography. After describing this shortcoming in the first section of this paper, I present a brief history of cultural geography. By the middle of the 20th century, the work of the Berkeley School, under the direction of Carl Ortwin Sauer, raised cultural geography to one of the most highly recognised areas of human geography. The shifts in science after the Second World War marginalised the field, which drifted further away from the mainstream of geography in the following decades. Inspired by British cultural studies, from the late 1970s some young geographers questioned the main concepts of cultural geography, mainly criticising its theoretical poverty. The first extensive, synthetic work about the new approach was Peter Jackson’s Maps of Meaning (1989). To counter the shortcomings of the earlier attempts by Hungarian geographers to introduce the subject, I emphasize the importance of these criticisms by using this book’s story as an example. Firstly, I present the context of the book with regard to the uncommon conditions of its production. Secondly, I investigate the importance of the approach represented by this work in the scientific scene of the period. Thirdly, I analyse the narrative structure that helped the book gain widespread recognition. Finally, I chart its legacy to contemporary cultural geography over the past 27 years. As the last of a few highly critical cultural geographic works in the past decade it sparked a heated debate that divided the field into the American “traditionalists” and the mainly British “new” cultural geographers. The debate proved to be formative in establishing a mutually beneficial relationship between the two sides (eventually allowing the dissolution of the dichotomy), and simultaneously drawing attention to the revitalised cultural geography. The book became the primary source of inspiration for yet another generation of cultural geographers, who themselves published their own textbooks in the following decade. Although after 27 years the book is rather outdated as a “contemporary” cultural geographic textbook, it is still useful as teaching material mainly for its significant historic value. As one of the most influential books written on the subject, which represents both the scientific plurality of the field and the momentum of theoretical criticism in the 1980s, its story presented in this paper would be an ideal gateway to cultural geography for the Hungarian audience.

How Fair Use Can Help Solve the Orphan Works Problem

Many works that libraries, archives, and historical societies would like to digitize are “orphan works,” that is, works for which the copyright holder either is unknown or cannot be located after a diligent search. Due to copyright risk if an owner later shows up, nonprofit libraries and similar institutions have been reluctant to digitize and make these works available, greatly limiting access to important cultural and historical information. While a legislative fix may soon be proposed, this Article argues that legislation is not necessary to enable some uses of orphan works by nonprofit libraries and archives. Instead, U.S. copyright law’s fair use doctrine, which allows certain unpermissioned uses of copyrighted works, provides a partial solution. Though it is an incomplete solution, fair use has some significant advantages over other approaches through which libraries and archives could make publicly beneficial uses of orphan works. Under fair use, there is no need to develop a licensing system, significantly reducing administrative and transactional costs, and eliminating socially wasteful license fees for works that are not on the market, and for which an owner is unlikely to exist. Second, fair use has the flexibility to accommodate change over time as libraries and archives discover the best ways to search for owners, preserve works, and make them available. Finally, allowing fair use of orphans by libraries and archives helps fulfill copyright’s critical purposes of promoting the dissemination of knowledge and supporting speech and free expression. © 2012 Jennifer M. Urban. † Assistant Clinical Professor of Law, University of California, Berkeley School of Law. The author gratefully acknowledges the many thoughtful ideas and helpful comments of Ty Alper, Roxanna Altholz, Michelle Anderson, Michael Donaldson, James Grimmelmann, David Hansen, Edward Lee, Mark Lemley, Saira Mohammed, Pamela Samuelson, Jason Schultz, Christopher Sprigman, and Karen Tani, participants in the Orphan Works & Mass Digitization: Obstacles & Opportunities conference [hereinafter Berkeley Orphan Works Conference], and participants in the 12th Annual Intellectual Property Scholars Conference. This Article is output of the Berkeley Digital Library Copyright Project, generously supported by funding from the Alfred P. Sloan Foundation. More information about the Berkeley Digital Library Project can be found at http://www.law.berkeley.edu/12040.htm. I especially thank Ana Enriquez for excellent research assistance. The thoughts contained in this Article represent my individual academic conclusions and opinions, and should not be attributed to any client I represent or the Samuelson Law, Technology & Public Policy Clinic, which I direct. In addition, the University of California, where I am a faculty member, is a defendant in the Authors Guild, Inc. v. HathiTrust suit; however, I do not represent, and in no way speak for, the University of California or any other party in the case. 1379-1430_URBAN_031013_FINAL (DO NOT DELETE) 3/10/2013 10:36 PM 1380 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 27:1379

DEVELOPMENT AND FRACTURE OF A DISCIPLINE: LEGACIES OF THE SCHOOL OF CRIMINOLOGY AT BERKELEY

In the early twentieth century, the University of California—Berkeley opened its doors to police professionals for instruction in “police science.” This program ultimately developed into the full‐fledged School of Criminology, whose graduates helped shape American criminology and criminal justice until well into the 1970s. Scholarship at the School of Criminology eventually fractured into three distinct traditions: “Administrative criminology” applied scientific methods in pursuit of refining law enforcement practices, “law and society” coupled legal scholarship with social scientific methods, and “radical criminology” combined Marxist critiques of the state with community activism. Those scientific traditions relied on competing epistemic premises and normative aspirations, and they drew legitimacy from different sources. Drawing on oral histories and archival data permits a neo‐institutional analysis of how each of these criminological traditions emerged, acquired stability, and subsided. The Berkeley School of Criminology provides fertile ground to examine trends in the development of criminal justice as a profession, criminology as a discipline and its place in elite universities, the uncoupling of criminology from law and society scholarship, and criminal justice policy's disenchantment with the academy. These legacies highlight how the development of modern criminology and the professionalization of American law enforcement find precedent in events that originate at Berkeley.

Effects of Isotretinoin on Meibomian Glands.

The authors have reviewed the potential etiology and long-standing consequences of isotretinoin use in the development of dry eye symptoms in the absence of significant clinical findings. Despite the normal appearance of meibomian gland structure on meibography and minimal signs of eyelid margin inflammation, the secretory function of these glands is reduced and symptoms of dryness can greatly impact a patient's quality of life. The available literature indicates that isotretinoin's effect on the meibomian glands likely mimics its effects on the sebaceous glands of the skin in the treatment of acne. Several representative cases seen at the University of California Berkeley School of Optometry Dry Eye Clinic provide a clinical paradigm with the goal of raising awareness of the potential prevalence of this disease in patients who experience symptoms of dry eye. These cases highlight the importance of meibomian gland expression in determining whether there is poor quality and/or quantity of meibum secondary to reduced gland function. Currently, there is no definitive method to restore the structure and function of damaged meibomian glands; thus, treatment options for isotretinoin-associated meibomian gland dysfunction are primarily palliative to manage patient symptoms.

Introduction: The Crisis in Ukraine Between the Law, Power, and Principle

AbstractThis special issue ofGerman Law Journal(GLJ) originates from a colloquium co-sponsored by theGLJ, the Miller Institute for Global Challenges and the Law, and the Center for Constitutional Transitions that took place at the Berkeley School of Law in February 2015, just over a year after the revolutionary events at Maidan Square in Kiev triggered profound changes in the geopolitical map of contemporary Europe and shook the foundations of international order.Beyond the gravity of the crisis itself, what animates the contributions in the following pages is an attendant awareness of the need to rethink the appropriateness of disciplinary responses to the conflict in Ukraine. Though the rhetoric of brazen takeovers, cynical ploys, stealing and redeeming, chronic authoritarianism and imperialism, hypocrisy, and broken promises have all contributed to a combustible political situation in and around Ukraine, a diverse sense of outrage has also been subtly, but nonetheless decisively, structured and amplified by the vocabularies of international and constitutional law, moral arguments, and their complicated interplay. Though differing in their practical ambitions, technical vocabulary, and the professional sensibilities they cultivate, the disciplines of international law, comparative constitutional law, and normative political theory, have each upheld one of the most important components of the modern social imaginary: The idea of popular sovereignty.The idea that the will of the people ought to be a decisive factor in resolving the crisis in Ukraine continues to unite most commentators, partisans, and scholars, irrespective of their otherwise profound ideological and political differences. From the perspective of overarching social imaginary, the ominous geopolitical crisis in Ukraine, while dangerous in its potential outcomes, appears as a family quarrel among the believers of the constitutional creed of western political modernity. Unlike another geopolitical crisis of our time—the attempts of ISIS to redraw the map of the Middle East—the situation in Ukraine is not a conflict over theexistenceof international legal order, but rather one over themeaningof its foundational building blocks: The internal and external self-determination of peoples, territorial integrity, and the sovereign equality of independent states.

Implementing the Federal Cybersecurity R&D Strategy

In 2011, the US government asked for game-changing research that would fundamentally improve the security, safety, and trustworthiness of the national digital infrastructure. Agencies have responded with novel ideas, from moving target management to tailored trustworthy spaces. The Web extra at https://youtu.be/ZdUDIDolCM4 is a video of Vint Cerf introducing the Honorable Al Gore, 45th Vice President of the United States, who provides the 5 July 2013 keynote for The Impact of NITRD: Two Decades of Game-Changing Breakthroughs in Networking and Information Technology Expanding the Possibilities Ahead. The second Web extra at https://youtu.be/UAVG6mrRs9Q is a video of the NITRD program's panel on Cybersecurity and Cyber-Physical Systems at the 2014 IEEE Symposium on Security and Privacy. Panelists from DHS, NIST, NSF, SRI International, and the University of Connecticut discuss cybersecurity challenges of CPS and prospective research directions for solving those challenges. The third Web extra at https://youtu.be/fzkAtfx6W-g is a video of the NITRD program's panel on Cybersecurity and Cyber-Physical Systems at the 2013 IEEE Symposium on Security and Privacy. The panel comprised Betsy Masiello of Google, Karyn Higa-Smith of the DHS SaT Cyber Security Division, Deirdre Mulligan of the UC Berkeley School of Information, Daniel Weitzner of MIT CSAIL, Vijayalakshmi (Vijay) Atluri of NSF/SaTC, Joan Feigenbaum of Yale University, and Jeannette Wing of Microsoft Research International.

Integrating journalism and public health to promote training and education on global health reporting

Abstract Background As the Ebola epidemic and other emerging diseases have shown, global health journalism has an influential role in public health action and inaction. Practical experience is important in preparing young people in ethical and technically accurate global health reporting. However, such training has not traditionally been incorporated into global public health education. The Center for Global Public Health at the University of California (UC), Berkeley, USA, was created in 2008 to foster global health research and education across the entire campus. Part of its aim is to foster transdisciplinary public health research and learning through global public health opportunities for students. Methods In 2013, the UC Berkeley Center for Global Public Health and the UC Berkeley Graduate School of Journalism partnered to create a new global health reporting internship that enables both public health and journalism graduate students the opportunity to investigate issues related to health disparities and/or health equity in low-to-middle-income countries. The programme seeks to provide faculty mentoring and guidance for interns who want to gain on-the-ground experience in reporting on important global health issues in developing countries. The fellowship is offered annually via a competitive application process, and the first two recipients completed their internships in the summer of 2014. Findings One Master of Public Health student explored migrant health and repatriation in Burundi, and a Master of Journalism student studied family planning in Burkina Faso. Their stories were printed or broadcasted through radio, print, and web media. They have also presented their work and talked about their experience at academic symposia and various media and online platforms. The students are now better prepared in their careers to share public health narratives on important global health issues. With the internship, they have also enriched their public health and journalism learning in their existing degree programmes. Interpretation The positive response to the internship programme by all involved indicates a need to further the programme both at UC Berkeley and beyond. Such transdisciplinary internships and opportunities should be supported by not only traditional public health disciplines but also journalism programmes, especially as the numbers of global health centres and programmes flourish across the USA and elsewhere. Funding UC Berkeley Center for Global Public Health/UC Berkeley School of Journalism

Fake It till You Make It: A Justification for Intellectual Property "Piracy"

Economic development, especially in the Least Developed Countries (LDC), requires use of intellectual property without always compensating the rights holders in the most developed countries. Unconventionally, this Article uses neoclassical economics to provide a rational solution to access rights in the LDC while respecting the first principle of intellectual property right—utilitarianism. The price discrimination model provides a useful rubric to segregate developed country markets from developing country markets. Furthermore, it also provides a subtle test in the case of individual uses of intellectual property as to which should be tolerated in developing nations as uncompensated uses and which should be punished as piracy due to their subverting the economic incentive necessary to promote the creation of intellectual property in the more developed nations. This Article concludes that in the long run, tolerated uncompensated uses in nascent LDC markets are more efficient engines of economic development than direct foreign or sporadic technology transfer and therefore, are in the developed countries’ best interests to promote a stable global community through economic development in the LDC. * Professor, University of Toledo College of Law (lgibbon@utnet.utoledo.edu). The author would like to express his appreciation to faculty participants who commented on his paper at the 14th annual Intellectual Property Scholars Conference (Berkeley School of Law), Midwestern People of Color Legal Scholarship Conference (Indiana Tech Law School), and 2014 Intellectual Property Scholars Roundtable (Drake University Law School). He would also like to acknowledge Professor Daryl Lim’s extraordinary skills as a commentator. Finally, the author would like to acknowledge the encouragement of Gerardo Villagomez de Oliveira e Souza. As always, the many flaws in this Article are solely the responsibility of the author. 1. Close to Home, Fake It Till You Make It, PLYRICS (2012), http://www.plyrics.com/lyrics/ closetohome/fakeittilyoumakeit.html. 2. Least Developed Countries (LDCs), UNITED NATIONS CONFERENCE ON TRADE & DEV. (2013), http://unctad.org/en/Pages/ALDC/Least%20Developed%20Countries/LDCs.aspx (last visited Sept. 19, 2014) (defining LDCs as “a category of States that are deemed highly disadvantaged in their development process, for structural, historical and also geographical

What Happens in the Cloud: Software as a Service and Copyrights

What happens in the cloud? Copyright owners are concerned. Users of cloud services upload, share, and download copies of software and other files without their owners’ permission and access copyrighted works beyond or in violation of access limitations. Also, copyright owners find it hard to keep up with initiatives of cloud service providers, which constantly introduce new technologies that make copyrighted works available in new formats and business models. What happens in the cloud stays in the cloud. In the cloud, software is no longer commercialized by distributing physical copies to users. Instead, users remotely access and use software copies that remain on the cloud provider’s servers. Software copies stay in the cloud. This raises questions as to if and how copyright law protects the interests of software copyright owners, users, and the public in the cloud. Answering such questions requires an understanding of exactly what happens in the cloud in terms of copying software. This is the focus of the Article. Although cloud offerings are often global and multi-jurisdictional, the copyright laws governing the services remain territorial and national. This Article examines primarily U.S. copyright law, which applies where companies have been most innovative and active in developing cloud offerings, but also briefly takes a look at copyright laws in the EU, the second most developed and active jurisdiction with respect to software copyrights. After Part I provides a general introduction to the topic, Part II gives a technological overview. Part III assesses in detail when and how the exclusive statutory rights under U.S. copyright law are implicated in a number of typical software-as-a-service scenarios. Part IV analyses the same scenarios under copyright laws in Europe for comparison purposes. Part V briefly looks at the complexities of cross-border scenarios and Part VI concludes with an outlook regarding potential legal and policy implications of what happens in the cloud to software copies. © 2014 Lothar Determann. † Lothar Determann teaches computer, Internet, and data privacy law at Freie Universitat Berlin, University of California, Berkeley School of Law, and Hastings College of the Law, San Francisco and practices technology law as a partner with Baker & McKenzie LLP, admitted in California and Germany. The Author thanks Bruce Perens for contributions and explanations on technical details, his partner Ben Allgrove (Baker & McKenzie, London) for comments on EU and U.K. copyright law, and Helena Engfeldt for assistance with research and edits. As with all articles, opinions expressed are those of the Author only, not his firm’s, clients’, or others’. 1096 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 29:1095

Domestic accountability for sexual violence: The potential of specialized units in Kenya, Liberia, Sierra Leone and Uganda

AbstractFrom 2011 to 2014, the Human Rights Center at the UC Berkeley School of Law conducted qualitative research in Kenya, Liberia, Sierra Leone and Uganda to identify accountability mechanisms and challenges related to sexual violence committed during periods of conflict or political unrest. This article shares two aspects of that research: first, it presents key challenges related to the investigation, prosecution and adjudication of sexual violence committed during and after the periods of recent conflict. Second, it flags the emergence of specialized units tasked with investigating and prosecuting either sexual and gender-based violence or international crimes, noting the operational gap between these institutions. It notes that if not bridged, this gap may impede responses for the intersecting issue of sexual violence committed as an international crime. The article closes with recommendations for a more coordinated response and more accountability at the domestic level.

The Berkeley School of Jewish Literature

The Berkeley School of Jewish Literature