Berkeley School Research Articles

Ethics Education in the First Year: An Experiment

This is an account of one law school's experiment with teaching the required professional responsibility course in the first year. From spring 1992 through spring 1994, the University of California at Berkeley's School of Law (Boalt Hall) taught a required two-unit1 course entitled Legal Profession to all firstyear students, using a uniform set of teaching materials prepared and revised with the generous support of the W.M. Keck Foundation. During this experiment, the faculty members involved in the course developed a strong set of teaching materials, a strong commitment to teaching from those materials, and an unshakable conviction that the course could not be taught properly in less than three units. The majority of Boalt's faculty were unwilling to make three units available for legal ethics in the first year, but were prepared to do so in the second year. Accordingly, at the close of our experiment, the faculty voted to expand the course to three units and to move the course to the second year. The first part of this article presents the history of our required professional responsibility course, explains why our faculty initially decided to move the required course to the first year, and describes some important related decisions that influenced the course's design and reception. The next part of the article offers a history of the experiment, which describes the curriculum we assembled, how we taught it, how the students reacted (in a nutshell, not well), how we revised our curriculum and pedagogy in light of that reaction, how the course improved, and how, notwithstanding that improvement, we ultimately decided to move the course to the second year.

Uncommon Groundings: Fred B. Kniffen's Place in Current Cultural Geography

Fred Bowerman Kniffen's academic career started in the 1920s at a time when cultural geography in North America was getting underway. For more than 60 years, Kniffen played a prominent role in its formation and elaboration. His contribution centered on material cultural studies, particularly folk housing, and the patterns and processes of the diffusion of the cultural elements of ordinary people. However, Kniffen's legacy within contemporary cultural geography extends beyond these central concerns. This essay examines Kniffen's relation to mass or popular culture studies, material culture studies, Berkeley school cultural geography and the "new" cultural geography. It considers the bases for Kniffen 's appeal to a diverse following, and suggests why his contributions will not be soon outmoded.

The Reinvention of Cultural Geography

Abstract Over the past fifteen years, a small group of scholars defining themselves as “new cultural geographers” has launched a sustained critique of “traditional cultural geography,” which they identify with the socalled Berkeley school. Commendably, these writers have advanced cultural research in several important ways, yet in the process their critique of their academic forebears has increasingly moved off-the-mark. The leaders of the new cultural geography depict the scholarship of the Berkeley school as static, empiricist, and obsessed with relict landscapes and material artifacts, when in fact it was, and is still, dynamic, predominantly historicist, and interested primarily in the relationships between diverse human societies and their natural environments. Furthermore, despite the claims of their detractors, few if any “traditional” cultural geographers have ever conceptualized culture as a superorganic structure. Cultural geography—old-fashioned or avant-garde—has always been a pluralistic ende...

The 1990 Copyright Law of the People's Republic of China

THE 1990 COPYRIGHT LAW OF THE PEOPLE'S REPUBLIC OF CHINA Yiping Yangt I. INTRODUCTION Since the adoption of the open-door policy at the end of the 1970s, China has felt strong pressure from Western nations, the United States in particular, to enact more protective intellectual property laws. The Chinese Government responded by passing the Trademark Law in 1982 and the Patent Law in 1984. Further, the long-awaited Copyright Law of the People's Republic of China (the Copyright Law ) was adopted by the 15th Session of the Seventh National People's Congress Standing Committee on September 7, 1990,1 and went into force on June 1, 1991.2 However, the promulgation of the Copyright Law did not sat- isfy many Western nations, as evidenced by episodes of diplomatic conflict between Washington and Beijing soon after its enactment. In April 1991 the United States Trade Representative (USTR) placed China on the Special 301 priority watch list ' 3 (together t LL.M., 1993, U.C. Berkeley School of Law; J.D., 1992, University of Maine School of Law; B.A., 1982, Hangzhou University, People's Republic of China. This paper was submitted to the 1992 Nathan Burkan Memorial Competition sponsored by the American Society of Composers, Authors and Publishers. The author would like to thank Professor David D. Gregory of the University of Maine School of Law for his guidance and encouragement, and Thomas French, reference librarian, for his assistance. 1. China's Copyright Law, BBC Summary of World Broadcasts, Sept. 11, 1990, available in LEXIS, Nexis Library, NEWS File. 2. Beijing Newspaper Highlights, Xinhua General Overseas News Service, May 3 1, 1991, available in LEXIS, Nexis Library, NEWS File. 3. Special 301 is a provision of the U.S. Omnibus Trade and Competitiveness Act that aims to protect American intellectual property rights in foreign countries with whom the U.S. has trade agreements. Omnibus Trade and Competitiveness Act of 1988, § 301, 19 U.S.C. §§ 2242 (a)(l), 2411 (1988). As one commentator states: Under the 'Special 301' provision ..., failure to provide adequate and effective protection for [American] intellectual property rights consti- tutes an unreasonable trade practice. The [A]ct requires the [United States Trade Representative (USTR)] to identify countries engaging in such practices or denying fair and equitable market access to [American] companies that rely on intellectual property protection. Countries so identified are designated 'priority countries.'

Who takes care of the caretakers?

On October 17, 1989 at 5:04pm, an earthquake measuring 7.1 on the Richter Scale hit the Loma Prieta fault, destroying homes, freeways, and lives in the San Francisco Bay area. Although not everyone suffered physical harm or loss of property, no one was unaffected by the devastation. Constant media scrutiny brought the disaster into everyone’s living room, and as a result, the shock of the earthquake was felt from coast to coast. In response, the staff of the UC Berkeley Psychology Clinic offered psychological assistance to the community, and in order to reach as many people as possible, targeted the Berkeley and Oakland school districts. An intervention was planned whereby clinic faculty and interns would meet directly with teachers and administrators, to model a process they in turn could implement with their own staffs and students. Professors Philip A. Cowan and Rhona S. Weinstein proposed an intervention in which an initial team of five clinicians met with fifty principals and district administrative staff during an emergency planning meeting. The meeting broke into smaller groups consisting of ten to twelve participants, and each person was given the opportunity to tell of their experiences at the time of the earthquake, and was encouraged to express their subsequent feelings and concerns. Responses to the trauma varied greatly. Some people experienced debilitating anxiety, while others felt little or none. Reactions included sleeplessness, hypervigilance, disruptions of eating patterns, indifference, crying, and emotional shock. The model used emphasized the importance of providing a safe place in which to express reactions, whatever they might have been. The groups then came together and talked about the similarities, differences, and variability of the responses offered within each of the smaller groups. At this point the model was explained, and the participants were encouraged to repeat this process with the staff at each individual school site. One of the most important reasons for implementing this type of intervention is the normalization of responses. Many principals and administrators were concerned that their personal responses were in some way inappropriate. By witnessing the range of reactions, each participant was able to put her/his response into the context of a continuum, and for many this was greatly relieving. For others, supplemental psychological intervention was suggested, and alternative resources were offered.

Recent Trends in the Study of Spanish American Colonial Public Finance

Fiscal history has become one of the most active new fields of research on colonial Spanish America. This trend has resulted from a number of recent breakthroughs, most notably the reconstruction of colonial treasury records and the appearance of the first revisionist studies based on the new data. These works are challenging traditional views, particularly the general understanding of the colonial economic experience and the evolution of imperial ties. Indeed, the fiscal series now being made available, if properly supported by qualitative research and regional studies, may affect seventeenth- and eighteenth-century historiography as notably as the demographic works of the Berkeley school affected sixteenth- and seventeenth-century historiography.

Refractive error changes in law students.

We report two separate studies: a retrospective survey and a longitudinal study; both were designed to assess the changes in refractive error of a group of young adult law students. The retrospective survey compared the previous spectacle correction to the current refractive error in the ocular examination records of 87 members of the class of 1982 law students who were examined at the University of California, Berkeley School of Optometry. Forty-one students (47.1% of the sample, 12.9% of the entire class of 318) increased at least -0.50D in myopia in at least one eye. In the longitudinal study, we followed 16 first year law students for 6 months, measuring refractive error. Five eyes (15.6%) became at least +0.50D more hyperopic, and 12 eyes (37.5%) became at least -0.50D more myopic. These data represent analysis of a small number of eyes over a short period of time. An adult myopic shift is nonetheless evident. A methodology for accumulation of more meaningful data on the specific ocular component changes responsible for this effect is discussed.

How videotaped online searches can supplement the teaching of online search strategy

Most instruction of online users incorporates a ‘live’ database search. The disadvantages of this live method are examined and the solution is the use of pre‐recorded videocassette database searches as produced by the University of California Berkeley's School of Library and Information Studies.

A note on earthquake-induced liquefaction

This technical note demonstrates that earthquake-induced liquefaction consists of a cyclic instability dominated by heterogeneities in the soil, and as such is a phenomenon that is fundamentally intractable analytically. Consequently it is shown that the liquefaction analyses proposed by the Berkeley school are fundamentally incorrect, not just after zero effective stress has been reached in the soil, but well before that - that is as soon as any pore pressure is generated and any softening of the soil takes place. The method is fundamentally in error in assuming that dynamic stressing of the soil takes place independently of soil softening. A distinction is also made between liquefaction failure and flowslides, which is a phenomenon originally addressed by the Harvard school in its studies of soil behaviour at densities looser than critical. It is argued that the only way in which reliable design procedures against liquefaction can be developed is by the creation of empirical design criteria based on direct experimental data. Where possible this should involve experimentation at full scale, which is by definition the most accurate method. However, such data is necessarily very limited and very expensive, and so it is suggested that these design rules should be developed from the second most accurate experimental method, namely centrifuge modelling, and then calibrated wherever possible against measured full-scale results. It is also suggested that the most accurate form of in situ index testing of soil liquefaction potential will incorporate the self-boring pressuremeter, and some preliminatry recommendations are given in this note. (Author/TRRL)

Recent Changes in CAI at CSDF

The California School for the Deaf has been involved with computer-assisted instruction (CAI) for the past 13 years. In 1980 the school moved from Berkeley to Fremont. After this move many additions were made to the CAI services. In the Berkeley school all computers were in one lab. All departments shared time. This limited the amount of user time available. Since the move to Fremont, new labs have been formed in the vocational, elementary, junior high school, and special unit (muttihandicapped) departments. These labs serve a total of 549 students.

Implications for institutions

New Directions for Institutional ResearchVolume 1974, Issue 3 p. 55-64 Article Implications for institutions Robert I. Johnson, Robert I. Johnson Robert L. Johnson was vice president for student affairs at the University of Kentucky before becoming vice chancellor for student affairs at Berkeley in 1968. He served as vice chancellor for administration at Berkeley and then as vice president for administration of the entire University of California before assuming the vice presidency for university relations in 1972. Besides being responsible for university relations, student affairs, and financial aids, he is the affirmative action officer for the Office of the President, co-chairman of the Chicano Task Force, and holder of an academic appointment in Berkeley's School of Public HealthSearch for more papers by this author Robert I. Johnson, Robert I. Johnson Robert L. Johnson was vice president for student affairs at the University of Kentucky before becoming vice chancellor for student affairs at Berkeley in 1968. He served as vice chancellor for administration at Berkeley and then as vice president for administration of the entire University of California before assuming the vice presidency for university relations in 1972. Besides being responsible for university relations, student affairs, and financial aids, he is the affirmative action officer for the Office of the President, co-chairman of the Chicano Task Force, and holder of an academic appointment in Berkeley's School of Public HealthSearch for more papers by this author First published: 1974 https://doi.org/10.1002/ir.37019740308 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Volume1974, Issue31974Pages 55-64 RelatedInformation

Some Observations on the Science of Cultural Geography

Abstract Historical trends in the rise of cultural geography are examined from the perspective of the philosophy of science. Cultural geography in America originated partly as an answer to environmental determinism, the “Berkeley School” advocating the substitution of empirical induction for the hypothetico-deductive approach of the determinists. The substitution of one methodological approach for another may have retarded the development of cultural geography in that a synthesis of opposing views has not been attempted. In this respect man-land relationships remain as a dichotomy in cultural geography that should not be ignored. Geographers should strive for greater understanding of the relationships between man and the land through the development of environmental models of man, lest antithesis be mistaken for synthesis and assumptions be mistaken for conclusions.

Black Studies Program In Berkeley, California

In the fall of 1968, 10 days after school opened, the black student union presented the Berke ley school administration with 14 demands. This article describes the response of the Board of Education and the school administration to the black students' demands, and other efforts being made to correct racial imbalance in the Berkeley schools. The articles which follow discuss the Berkeley black studies program in greater detail, with focus on work in certain areas.

Questions on the Human Frontiers of Geography

N reading recent literature produced by human geographers who have carried out empirical research in alien societies, mainly in the tropics, one is drawn to ask a number of questions about human geography as a whole. A difference of approach is apparent between those who have an overtly chorographic purpose, who scarcely ever seek explanations in matters such as human behavior, attitudes and beliefs, social organization, and the characteristics and interrelationships of human groups, and those whose inquiries are not primarily chorographic, and who are more inclined to undertake a search for processes as a means of reaching explanations. Within the world of Englishwriting geographers, to whose work this review is mainly confined, it seems that the former group, are widely distributed both in America and elsewhere, but few of the latter are found among the ranks of American geographers; perhaps this differentiation may be explained by reference to the guiding concepts of the so-called Berkeley School of cultural geographers, which has had so marked an influence on American human geography. The position among French and German geographers is dissimilar: in France the traditions of Bruhnes and Vidal de la Blache, and the continued relationship between French geography and French ethnography, itself rather different from or American anthropology, have led to some important differences of approach. The German tradition shares with the American its strong emphasis on areal differentiation, but recent thinking has something in common with that of some geographers. Thus Hahn's recent1 plea for the geographical study of social groups has more in common with thinking arising from mainly British or Antipodean work in Africa and the south Pacific than with American cultural geography. In order to reduce complexity, and also because of the writer's very limited acquaintance with the German language, however, recent French and German trends are not discussed in any detail in this essay. A further deliberate limitation, in the interests of clarity, is the almost total omission of the large literature on towns and of essays iil economic geography per se: nearly all the writers discussed here are concerned with regional, or agrarian problems. In surveying a selection of this literature, my main object has been a search for the kind of questions that are asked in empirical research, and for the nature of the explanations offered. There seems

Chemistry and the Atomic Nucleus

An informal account is given of the development of the Berkeley school of science and radiochemistry, followed by a summary of the results of radiocarbon dating measurements in relation to archaeological problems. A few suggestions are made as to future potential uses of radioisotope techniques in science and in industry.