BCLT Annual Bulletin 2021

Page 1

Where Law Meets Innovation

ANNUAL BULLETIN 2021-2022


Wayne Stacy Executive Director, BCLT Table of Contents: BCLT Faculty 4 Lecturers 8 BCLT Faculty Scholarship 10 Tech Curriculum 14 Tech-Related Courses 17 Asia IP & Technology Law Project 18 Life Sciences Project 20 Students 22 BCLT Technology Pillars 26 IP and Antitrust 28 Privacy, Cybersecurity and Content Regulation 32 Technology, Disruption, and Social Impact 36 Data Science and Information Technology 40 Entertainment and New Media 44 Life Sciences and Health Technology 48

2 | Annual Bulletin 2021-2022

Since 1995, the Berkeley Center for Law & Technology (BCLT) has been the focal point at Berkeley Law for teaching, research, community engagement, and student activities on issues at the intersection of law and technology. We offer approximately 50 technology-related law courses and annually train thousands of practitioners on cutting-edge IP topics. In conjunction with the Federal Judicial Center and the Federal Judicial Institute, we also have helped train over 800 Federal judges about evolving IP issues. And over the past two years alone, our faculty co-directors have published over 100 articles that address cutting-edge issues in technology law. This type of scholarship and impact happens only by design. Our path has been designed by 18 full-time, tech-focused faculty and over 40 expert practitioner-instructors. As a result of their thoughtful guidance, Berkeley Law’s IP program has been rated #1 by US News for the past 18 years. But we are not resting on past successes. We are launching a major new initiative this year that will supplement our five traditional pillars.

This year we are excited to announce the addition of a sixth pillar—Life Sciences & Health Technology. The pandemic has unequivocally demonstrated that the Bay Area life sciences ecosystem is a world leader in innovation. Berkeley Law and BCLT are uniquely positioned to provide the legal scholarship and training needed both to support the life sciences industry and to address its impact on society. Whether in high-tech, social media, or life sciences, technology innovation and the law must evolve together— for the benefit and protection of society. For over 25 years, Berkeley Law and BCLT have been leading the discussion on this co-evolution. We look forward to continuing that conversation with you. — Wayne Stacy


BCLT BY THE NUMBERS

1

#

50+ 9

IP law program, 18 years in a row, by US News

3 40+

Faculty Directors ranked among top 5 most cited IP scholars

Law & tech courses planned for 2021-2022

12

BCLT faculty-authored textbooks

9 20+ 3 | Annual Bulletin 2021-2022

Major conferences planned for 2021-2022 Other expert-level events planned for 2021-2022

Practitioner-instructors teaching advanced and technology courses

24 800+

Tech focused Student Groups

Years BCLT has been collaborating with Federal Judicial Center Federal judges trained at the BCLT/ FJC IP seminar Annual Bulletin 2021-2022 | 3


Kenneth A. Bamberger

BCLT Faculty Comments from the Dean Over the last two decades, Berkeley Law has focused on developing the world’s leading IP and technology program. And for the past 18 years, we have been ranked as the #1 IP program in the country. The Berkeley Center for Law & Technology is integral to this success. This type of sustained success can only be attributed to the quality and dedication of our faculty. We have 18 full-time law faculty focused on today’s critical technology-related issues. These faculty make up the directors of the Berkeley Center for Law & Technology. Their expertise covers a stunning breadth of topics—from patents to privacy to bioethics to computer crime to the use of technology in criminal cases. Together, their research has led to more than 100 publications over the past two years alone. Their focus on research is only rivaled by their dedication to teaching. Our faculty, for example, has published nine tech-focused textbooks that are currently used in schools across the country. They are superb classroom teachers. I am so proud to be dean of Berkeley Law and of our terrific IP and technology program. -­­­Erwin Chemerinsky Dean, UC Berkeley School of Law Jesse H. Choper Distinguished Professor of Law 4 | Annual Bulletin 2021-2022

Rosalinde and Arthur Gilbert Foundation Professor of Law Bamberger is an expert on government regulation and corporate compliance, especially with regard to issues of technology, free expression, and information privacy. In 2016, he and Professor Deirdre Mulligan were awarded the Privacy Leadership Award by the International Association of Privacy Professionals for their comparative study of privacy regimes and corporate privacy practices, Privacy on the Ground: Driving Corporate Behavior in the United States and Europe. His current work focuses on the governance of technology design to protect public values, the ways that digital platforms affect markets and consumers, and the meaning of cybersecurity.

Catherine Crump Director of the Samuelson Law, Technology & Public Policy Clinic and Clinical Professor of Law Crump’s work focuses on the application of First and Fourth Amendment principles to government use of new technologies, in particular to government surveillance. She has litigated cases in state and federal court and testified before state legislatures, Congress, and the European Parliament. Recent projects include a focus on street-level policing, including deployment of police body-worn cameras and the use of GPS tracking on youth in the juvenile justice system.

Catherine Fisk Barbara Nachtrieb Armstrong Professor of Law Fisk teaches courses on the law of work, and also on the legal profession and freedom of speech and association. She writes in the fields of labor and employment, employee-generated intellectual property, sociolegal history, and the legal profession. Professor Fisk has written several major works on employer-employee disputes over intellectual property, some of which won prizes from the American Historical Association and the American Society for Legal History. Her current research projects include a book on labor protest in the mid-twentieth century, and works on video game writers and how copyright law, antitrust law, and labor law structured the relations among dramatists and theater producers.


Orin S. Kerr Professor of Law

Chris Jay Hoofnagle Teaching professor in the School of Law, with a dual appointment in the School of Information Hoofnagle is an expert in information privacy law and teaches about regulation of technology. Hoofnagle’s research focuses on identity theft, security breaches, and consumer perceptions and attitudes towards privacy laws. He has written extensively in the fields of information privacy, the law of unfair and deceptive practices, consumer law, and identity theft. Professor Hoofnagle is co-founder of the Privacy Law Scholars Conference.

Kerr has written more than 65 law review articles, over 40 of which have been cited in judicial opinions (including eight in US Supreme Court opinions). Professor Kerr has briefed and argued cases in the United States Supreme Court and three federal circuits and has testified six times before Congressional committees. In 2015, Chief Justice Roberts appointed Professor Kerr to serve on the Judicial Conference’s committee to review the Criminal Justice Act. After Circuit Court and Supreme Court clerkships, he served as a Special Assistant US Attorney in the Eastern District of Virginia and as a trial attorney in the Computer Crime and Intellectual Property Section at the US Department of Justice.

Peter S. Menell Koret Professor of Law

Sonia Katyal Associate Dean for Faculty Development and Research Katyal’s scholarly work considers intellectual property, trademarks, trade secrecy, civil rights (including gender, race, and sexuality), LGBTQ rights, anti–discrimination, property theory, and innovation. Professor Katyal is the co-author of Property Outlaws (Yale University Press, 2010) (with Eduardo Peñalver), which studies the intersection between civil disobedience and innovation in property and intellectual property frameworks. In March of 2016, Professor Katyal was selected by U.S. Commerce Secretary Penny Pritzker to be part of the inaugural U.S. Commerce Department’s Digital Economy Board of Advisors.

Menell is Koret Professor of Law. Reflecting his training in science and technology, economics, and law, Professor Menell’s research focuses principally on the role and design of intellectual property law with particular emphasis on the digital technology and content industries. He has written over 100 articles and 15 books. His current projects explore intellectual property case management, judiciary reform, the scope of patentable subject matter, design protection, music copyright protection, trade secret whistleblower immunity, and technological disruption and social justice. In 2016, he founded Clause 8 Publishing, which seeks to promote the creation and dissemination of educational resources at fair prices.

Robert P. Merges Wilson Sonsini Goodrich & Rosati Professor of Law and Associate Dean of Advanced Degree Programs and Global Engagement Merges is the author of Justifying Intellectual Property, published by Harvard University Press in 2011. A comprehensive statement of mature views on the ethical and economic foundations of IP law, the book reviews foundational philosophical theories of property and contemporary theories about distributive justice and applies them to IP; identifies operational high-level principles of IP law; and works through several pressing problems facing IP law today. Professor Merges also has undertaken extensive revisions to two of the casebooks he coauthors, to update them in light of the America Invents Act.

BCLT Annual Bulletin 2021-22 | 5


Deirdre K. Mulligan Professor in the School of Information and the School of Law Mulligan’s research explores legal and technical means of protecting values such as privacy, freedom of expression, and fairness in emerging technical systems. Her current work explores the legal and policy implications of using predictive machine learning tools in different contexts, from legal discovery, to content moderation, to healthcare. In 2017, Prof. Mulligan was appointed to a three-year term as a member of DARPA’s Information Science and Technology Study Group, the first lawyer on that body in its 30 year history. She was an inaugural member of the City of Oakland’s Privacy Advisory Commission; a founding board member of the Partnership for AI; a founding member of the Global Network Initiative; Chair Emeritus of the Board of Directors of the Center for Democracy & Technology; and the founding Director of the Samuelson Law, Technology & Public Policy Clinic..

Tejas N. Narechania Robert and Nanci Corson Assistant Professor of Law Narechania focuses on matters related to telecommunications regulation and intellectual property. Professor Narechania clerked for Justice Stephen G. Breyer of the Supreme Court of the United States (2015-2016) and for Judge Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit (2011-2012). He has advised the Federal Communications Commission on network neutrality matters, where he served as Special Counsel (2012-2013). Professor Narechania’s research has appeared in the Columbia Law Review, Georgetown Law Journal, and the Michigan Law Review, among other venues, and his work has been cited by the White House, in the work of the Supreme Court and the federal Courts of Appeals, as well as the New York Times and the Washington Post.

Osagie K. Obasogie Haas Distinguished Chair and Professor of Law at Berkeley Law with a joint appointment in the School of Public Health

6 | Annual Bulletin 2021-2022

Obasogie’s scholarly interests include Constitutional law, policing and police use of force, sociology of law, bioethics, race and inequality in law and medicine, and reproductive and genetic technologies. His writings have spanned both academic and public audiences. His first book, Blinded By Sight: Seeing Race Through the Eyes of the Blind (Stanford University Press), was awarded the Herbert Jacob Book Prize. His current work examines the role of science, medicine, and medical professionals in hindering the ability to hold police officers accountable when they use excessive force; analyzes the legacy of the American eugenics movement and its contemporary impact on law, science, medicine, and technology; studies how legal doctrine produces police violence; and exposes the limitations of DNA databases when they are used in criminal investigations.

Andrea Roth Professor of Law Before joining the Berkeley Law faculty, Roth worked as a trial and appellate attorney at the Public Defender Service for the District of Columbia (PDS). She was a founding member of a Forensic Practice Group, which studied and litigated forensic DNA typing. She is also a member of the Constitution Project’s National Committee and is an affiliate of the National Institute of Standards and Technology’s Organization of Scientific Area Committees (OSAC). Her research focuses on the use of forensic science in criminal trials, the continuing viability of the lay jury, and the ways in which concepts of criminal procedure and evidentiary law must be re-theorized in an era of science-based prosecutions.

Pamela Samuelson Richard M. Sherman Distinguished Professor of Law and Information Much of Samuelson’s recent work has focused on updating and adapting U.S. copyright law to meet challenges of the digital age. She has written amicus curiae briefs as well as law review and other articles on major software IP cases such as Oracle v. Google. Professor Samuelson is co-founer and board member of Authors Alliance, a nonprofit organization that represents the interests of authors who want their works to be widely available for the public good. She is Chair of the Board of Directors of the Electronic Frontier Foundation, as well as a Contributing Editor to Communications of the ACM, a computing professionals society.


Paul Schwartz Jefferson E. Peyser Professor of Law Schwartz’s scholarship focuses on how the law has sought to regulate and shape information technology. His most frequent areas of publication concern information privacy and data security. At present, Professor Schwartz is engaged in research into comparative privacy developments in the U.S. and the European Union, cloud computing, and the interplay between state and federal privacy law.

Erik Stallman Associate Director of the Samuelson Law, Technology & Public Policy Clinic and Assistant Clinical Professor Before joining the Samuelson Clinic, Stallman was a policy counsel at Google, focusing on copyright and telecommunications policy. He spent the previous 12 years in Washington D.C. working for the Federal Communications Commission, the U.S. House of Representatives, the law firm Steptoe & Johnson LLP, and then serving as General Counsel and Director of the Open Internet Project at the Center for Democracy & Technology. His research interests include copyright and machine learning, music licensing, and the intersection of copyright and media regulation. Erik is a graduate of Berkeley Law.

Jennifer M. Urban Clinical Professor of Law and the Director of Policy Initiatives for the Samuelson Law, Technology & Public Policy Clinic Urban’s work considers how the legal, private-ordering, and social systems that govern technology interact with values such as free expression, access to knowledge, freedom to create or innovate, and privacy. With Joe Karaganis, Professor Urban conceived and directs The Takedown Project, a consortium of scholars studying takedown regimes around the world. Her recent research of the DMCA notice-and-takedown system with Karaganis and Brianna L. Schofield reveals notice-and-takedown’s importance to copyright holders, online service providers, and the online ecosystem, along with some weaknesses. Professor Urban’s recent paper with Mark Lemley shows that judges with more experience handling patent cases are more likely to rule for defendants. Urban was recently named Chair of the new California Privacy Protection Agency.

Molly Shaffer Van Houweling Harold C. Hohbach Distinguished Professor of Patent Law and IP and Associate Dean for J.D. Curriculum and Teaching Van Houweling’s teaching portfolio includes intellectual property, basic property law, and food law and policy. Much of Professor Van Houweling’s research focuses on copyright law’s implications for new information technologies (and vice versa). She often explores this and other intellectual property issues using theoretical and doctrinal tools borrowed from the law of tangible property. Professor Van Houweling is an Associate Reporter on the American Law Institute’s Restatement of the Law, Copyright, and an Adviser to the Restatement of the Law Fourth, Property. She is a member of the Board of Directors of the Authors Alliance and Chair of the Board of Creative Commons.

Rebecca Wexler Assistant Professor of Law Wexler focuses on evidence law, criminal procedure, privacy, and intellectual property protections surrounding new datadriven criminal justice technologies. Before joining Berkeley Law, Professor Wexler clerked for Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit and Judge Katherine Polk Failla of the United States District Court for the Southern District of New York. She worked as a Yale Public Interest Fellow at The Legal Aid Society’s criminal defense practice and as a Lawyer-in-Residence at The Data and Society Research Institute.

BCLT Annual Bulletin 2021-22 | 7


Lecturers David Almeling, Partner at O’Melveny & Myers and author of Trade Secret Law and

Corporate Strategy. Identified by IAM 1000 as a “trade secret authority.” Specializes in trade secret counseling and litigation. Marice Ashe, Founding CEO, ChangeLab Solutions (ret.) and pioneer of the emerging public health law movement. David Bernstein, Chair of Debevoise’s Intellectual Property Litigation Group and coauthor of the leading treatise on advertising law, The Law of Advertising, Marketing and Promotion. Recognized as “one of the finest trademark litigators in the nation” by Chambers. Jared Bobrow, Co-chair of Orrick’s Global Intellectual Property Group. Recognized as one of the world’s leading IP litigators by Chambers Global and IAM. Tess Bridgeman, Co-Editor-in-Chief of Just Security, former Special Assistant to President Obama, former Associate Counsel to the President, and former Deputy Legal Adviser to the National Security Council (NSC). Specializes in foreign policy and national security policy. Noah Brumfield, Partner at Allen & Overy. Specializes in antitrust litigation.

8 | Annual Bulletin 2021-2022

Steven Carlson, Partner at Robins Kaplan, co-author of Patents in Germany and Europe: Procurement, Enforcement and Defense, and co-author of Patent Case Management Judicial Guide. Specializes in patent litigation.

Rafael Gomez-Cabrera, Negotiator on network and studio television deals. Head of business affairs, original programming, at the AMC network, AMC Studios, BBC America, IFC and Sundance.

Paul Clark, Partner, Seward & Kissel LLP. Specializes in the structuring of new financial products and banking legislation.

Christopher Hockett, Former global head of antitrust at Davis Polk. Former chair of the ABA Section of Antitrust Law. Recognized as one of “America’s Leading Business Lawyers” by Chambers.

Lothar Determann, Partner at Baker McKenzie and author of Determann’s Field Guide to Data Privacy Law and author of California Privacy Law: Practical Guide and Commentary. Recognized as one of the top 10 copyright attorneys and top 25 IP attorneys in California by the Daily Journal. Roy Eisenhardt, Former President of the Oakland Athletics and former Executive Director of the Women’s Tennis Association. Specializes in sports law. Justin Erlich, Head of Trust & Safety Policy at TikTok, former Principal Tech Advisor for former California Attorney General Kamala Harris, and former Global Head of Policy for Autonomous Vehicles at Uber. Specializes in innovation development and public policy. Kathryn Fritz, Former Managing Partner and current partner at Fenwick & West. Specializes in trademark law. Tracy Genesen, General Counsel at The Wine Institute. Specializes in regulatory and corporate law, with an emphasis on the alcoholic beverage industry.

Jeffrey Homrig, Vice Chair of Latham & Watkins’ Intellectual Property Litigation Practice. Specializes in patent litigation. Eneda Hoxha, Associate, Latham & Watkins. Specializes in patent litigation. Brian Israel, Associate General Counsel for International Law at NASA. Co-founder and former legal counsel at ConsenSys Space. Specializes in space law and policy. Alexa Koenig, Lecturer in Residence and Executive Director of the Human Rights Center at Berkeley Law. Co-founder of the Human Rights Center Investigations Lab and co-chair of the Technology Advisory Board of the Office of the Prosecutor at the International Criminal Court. Specializes in human rights investigations and international criminal law. Eric Lancaster, Partner at Allen & Overy. Specializes in antitrust law.


Linda Lichter, Partner at Lichter, Grossman, Nichols, Adler, Feldman, Clark. Recognized by Hollywood Reporter as 100 Most Powerful Women in Hollywood. Recognized by Variety as top 500 most powerful people in the media business. Specializes in Hollywoodrelated transactions.

Betsy Popken, Partner at Orrick and Co-Founder of Orrick’s Business & Human Rights practice. Member of the Steering Committee of the World Economic Forum’s Responsible Use of Technology Initiative. Specializes in advising clients about human rights issues raised by emerging technologies.

Brynly Llyr, General Counsel at CLabs. Specializes in financial regulation and blockchain-based financial products.

Ed Reines, Partner at Weil Gotshal and co-head of the Patent Litigation and Life Sciences practice. Past president of the Federal Circuit Bar Association; recognized by the Daily Journal among their Top Intellectual Property Lawyers.

Barbara McClung, Chief Legal Officer at Caribou Biosciences. Specializes in IP and corporate legal strategies, with an emphasis on life sciences. Sonal Mehta, Partner at WilmerHale and Past President of the Federal Circuit Bar Association. Specializes in patent litigation. Jeffrey Ostrow, Partner at Simpson Thacher and Chair of the IP Practice group; recognized as a Litigation Star for Intellectual Property by Euromoney’s Benchmark Litigation and recognized by the Daily Journal as among the Top 100 IP Lawyers in California. Matthew Perry, works in the Federal Bureau of Investigation’s Office of the General Counsel. His duties have covered operational and policy matters relevant to counterterrorism, counterintelligence, cyber, and criminal investigations.

Sam Swartz, Head of U.S. Public Policy at Stripe. Specializes in technology development and policy. Talha Syed, Lecturer at Berkeley Law School. Specializes in patents and innovation policies for pharmaceuticals and health care allocation. Tamar Todd, Legal director, New Approach PAC. Specializes in policy advocacy and regulatory implementation, including cannabis regulation and policy.

David Tollen, Founder of Tech Contracts Carla Shapreau, Lecturer, Senior Fellow, and Academy and author of the ABA IT contract Curator at University of California Berkeley. manual, The Tech Contracts Handbook. Specializes in art and cultural property law. Specializes in drafting and negotiating IT contracts. Daniel Schacht, Partner and co-chair of the Intellectual Property Group at Donahue Lee Van Pelt, Partner at Van Pelt, Yi & Fitzgerald. Specializes in IP law with an James. Lead coach for national winners in emphasis on the music industry. the USPTO Patent Drafting Competition. Specializes in patent prosecution and Michael Schallop, Partner at Van Pelt, Yi & counseling. James. Specializes in patent prosecution and counseling. Daniel Wall, Partner at Latham & Watkins. Recognized as a “Star” in U.S. Antitrust Law Matthew Show, IP Corporate Counsel by Chambers. at International Flavors & Fragrances. Specializes in life sciences patent prosecution Bryn Williams, Attorney with the U.S. and counseling. Department of Justice. Specializes in disputes arising from emergent technologies, Todd Smithline, Managing principal at regulation, and competition. Smithline PC and former General Counsel of Marimba. Recognized as a World’s Leading IP Rachel Zuraw, Director of LL.M. Strategists by Intellectual Asset Management Professional Development, Berkeley Magazine. Specializes in software law, Law. Specializes in health care litigation, including video compliance, and bioethics. game law. BCLT Annual Bulletin 2021-22 | 9


BCLT Faculty Scholarship 2020-2022 Kenneth A. Bamberger Verification Dilemmas, Law, and the Promise of Zero-Knowledge Proofs, BERKELEY TECH. L.J. (forthcoming 2022) (with Ran Canetti, Shafi Goldwasser, Rebecca Wexler, and Evan Zimmerman) Lex Algorithmica: Humans and Systems in Content Governance, BERKELEY TECH. L.J. (forthcoming 2021) (with Deirdre K. Mulligan) Can You Pay for Privacy? Consumer Expectations and the Behavior of Free and Paid Apps, 35 BERKELEY TECH. L.J. 327 (2020) (with Serge Egelman, Catherine Han, Amit Elazari Bar On, and Irwin Reyes) The Price Is (Not) Right: Comparing Privacy in Free and Paid Apps, 2020 PROC. PRIVACY ENHANCING TECH. 222 (with Catherine Han, Irwin Reyes, Álvaro Feal, Joel Reardon, Primal Wijesekera, Narseo Vallina-Rodriguez, Amit Elazari, and Serge Egelman) Mark Cohen When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property 10 | Annual Bulletin 2021-2022

in a Changing Trade Environment, 20 WORLD

The Once and Future Countervailing Power of Labor, 130 YALE L.J.F. 685 (2021)

TRADE REV. 238 (2020) (with Philip Rogers)

WHAT LAWYERS DO: UNDERSTANDING THE MANY AMERICAN LEGAL PRACTICES (2020) Reforming Law Enforcement Labor Relations, CALIF. L. REV. ONLINE (Aug. 2020) (with Joseph Grodin, Thelton Henderson, John True, Barry Winograd, and Ronald Yank)

A TECHNO-GLOBALIST APPROACH TO INTELLECTUAL PROPERTY AND SUPPLY CHAIN DISRUPTION (Hinrich Foundation 2020) (with Philip Rogers) Catherine Crump Why 72 Intellectual Property Scholars Supported Google’s Copyrightability Analysis in the Oracle Case, 36 BERKELEY TECH. L.J. (forthcoming 2021) (with Pamela Samuelson) Catherine Fisk Movement Lawyers: The Tension Between Solidarity and Independence, 97 IND. L.J. (forthcoming 2021) Assumptions About Antitrust and Freelance Work and the Fragility of Labor Relations in American Theatre, 83 OHIO ST. L.J. (forthcoming 2021) (with Brent Salter) Compelled Disclosure and the Workplace Rights It Enables, IND. L.J. (forthcoming 2021) Precarious Work and Precarious Welfare: How the Pandemic Reveals Fundamental Flaws of the U.S. Social Safety Net, BERKELEY J. EMP. & LAB. L. (forthcoming 2021) “People Crushed by Law Have No Hopes but from Power”: Free Speech and Protest in the 1940s, 39 LAW & HIST. REV. 173 (2021)

Protection by Law, Repression by Law: Bringing Labor Back into the Study of Law and Social Movements, 70 EMORY L.J. 63 (2020) (with Diana S. Reddy) Covid-19 Reveals Gaping Holes in the U.S. Social Safety Net, CALIF. L. REV. ONLINE (May 2020) (with Catherine Albiston) Nondisclosure Agreements and Sexual Harassment: #MeToo and the Change in American Law of Hush Contracts, in GLOBALIZATION OF THE METOO MOVEMENT (Ann Noel & David Oppenheimer eds., 2020) Sustainable Alt-Labor, 95 CHI.-KENT L. REV. 7 (2020) Intellectual Property History as Labor History, in INTELLECTUAL PROPERTY IN CONTEXT: TOWARD A LAW AND SOCIETY PERSPECTIVE (William Gallagher & Debora Halbert eds., forthcoming 2020) Chris Jay Hoofnagle LAW AND POLICY FOR THE QUANTUM AGE (Cambridge University Press 2020) (with Simson Garfinkel)


Sonia Katyal The Gender Panopticon: Gender, AI and Design Justice, UCLA L. REV. (forthcoming 2021) (with Jessica Jung) From Trade Secrecy to Seclusion, 109 GEO. L.J. 1337 (2021) (with Charles Tait Graves) Orin Kerr Childress Lecture, Email Preservation and the Fourth Amendment, St. Louis U. L.J. (forthcoming 2021) The Questionable Objectivity of Fourth Amendment Law, 99 Tex. L. Rev. 447 (2021) Decryption Originalism: The Lessons of Burr, 134 HARV. L. REV. 905 (2020) Peter Menell Design Patent Law’s Identity Crisis, BERKELEY TECH. L.J. (forthcoming 2021) (with Ella Corren) The Design Patent Emperor Wears No Clothes: Responding to Advocates of Design Patent Protection for Functionality, BERKELEY TECH. L.J. (forthcoming 2021) (with Ella Corren) THE DESIGN PROTECTION MUDDLE (forthcoming 2021) (with Ella Corren) Intellectual Property and Social Justice: Mapping the Next Frontier, in HANDBOOK OF INTELLECTUAL PROPERTY AND SOCIAL JUSTICE: ACCESS, INCLUSION, EMPOWERMENT (Steven D. Jamar & Lateef Mtima eds., forthcoming 2021) TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE (forthcoming 2021) (with David Almeling, Victoria Cundiff, James Pooley, and Rebecca Wexler)

INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. I: PERSPECTIVES, TRADE SECRETS AND PATENTS (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh) INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. II: COPYRIGHTS, TRADEMARKS AND STATE IP PROTECTIONS (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh) INTELLECTUAL PROPERTY STATUTES: 2021 (Clause 8 Publishing 2021) (with Mark A. Lemley, Robert P. Merges, and Shyamkrishna Balganesh) Restatements of Statutory Law: The Curious Case of the Restatement of Copyright, 44 COLUM. J.L. & ARTS 285 (2021) (with Shyamkrishna Balganesh) A Remix Compulsory Licensing Regime for Music Mashups, in ROUTLEDGE COMPANION TO COPYRIGHT AND CREATIVITY IN THE 21ST CENTURY (Michelle Bogre & Nancy Wolff eds., (2020) Revisiting and Confronting the Federal Judiciary Capacity “Crisis”: Charting a Path for Federal Judiciary Reform, 108 CALIF. L. REV. 789 (2020) (with Ryan Vacca)

Oracle America, Inc., U.S. Supreme Court, No. 18-945 (2020) Brief of Professors Shyamkrishna Balganesh and Peter S. Menell as Amici Curiae Supporting Respondent, Georgia v. Public.Resource.Org, Inc., U.S. Supreme Court, No. 18-956 (2019) Brief of Professors Jeffrey A. Lefstin and Peter S. Menell as Amici Curiae Supporting Petition for a Writ of Certiorari, Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, U.S. Supreme Court, No. 19-430 (2019) Brief of Professors Peter S. Menell, Shyamkrishna Balganesh, and David Nimmer as Amici Curiae Supporting Petitioners, Dr. Seuss Enterprises, L.P. v. ComicMix LLC, U.S. Court of Appeals for the Ninth Circuit, No. 19-55348 (2019) Google v. Oracle and the Grateful (API) Dead: What a Long Strange Trip It’s Been, S.F. DAILY JOURNAL (Apr. 12, 2021) Justices Need to Hear Oracle, L.A. DAILY JOURNAL (Mar. 22, 2019) (with David Nimmer) Robert Merges AMERICAN PATENT LAW: A BUSINESS AND ECONOMIC HISTORY (forthcoming 2021) After the Trolls: Patent Litigation as Ex-Post Market Making, AKRON L. REV. (forthcoming 2021)

The Use of Technical Experts in Software Copyright Cases: Rectifying the Ninth Circuit’s “Nutty” Rule, 35 BERKELEY TECH. L.J. 663 (2020) INTELLECTUAL PROPERTY STATUTES: 2021 (with Shyamkrishna Balganesh) (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh) Brief of Professors Peter S. Menell, David Nimmer, and Shyamkrishna Balganesh as Amici Curiae Supporting Petitioner, Google LLC v. BCLT Annual Bulletin 2021-22 | 11


INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. I: PERSPECTIVES, TRADE SECRETS AND PATENTS (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh)

Symmetry and (Network) Neutrality, 119 MICH. L. REV. ONLINE 46 (2020)

TRUMPISM AND ITS DISCONTENTS (editor) (Berkeley Public Policy Press 2020)

Judge Wood and the Human Side of Judging, U. CHI. L. REV. ONLINE (Dec. 2020)

More Than Bias: How Law Produces Police Violence, 100 B.U. L. REV. 771 (2020)

INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2021, VOL. II: COPYRIGHTS, TRADEMARKS AND STATE IP PROTECTIONS (Clause 8 Publishing 2021) (with Peter S. Menell, Mark A. Lemley, and Shyamkrishna Balganesh)

Defective Patent Deference, 95 WASH. L. REV. 869 (2020)

Andrea Roth Principles to Govern Regulation of Digital and Machine Evidence, in (RO)BOT-HUMAN INTERACTION AND THE DIGITAL SHIFT IN THE ADMINISTRATION OF CRIMINAL JUSTICE (Swiss National Research Foundation ed., forthcoming 2022)

INTELLECTUAL PROPERTY STRATEGY FOR BUSINESS (2020) (with Fang (Helen) Liu) Patent Markets and Innovation in the Era of Big Platform Companies, 34 BERKELEY TECH. L.J. 53 (2020) Deirdre Mulligan Lex Algorithmica: Humans and Systems in Content Governance, BERKELEY TECH. L.J. (forthcoming 2021) (with Kenneth A. Bamberger) Through the Handoff Lens: Competing Visions of Autonomous Futures, 35 BERKELEY TECH. L.J. 835 (2020) (with Jake Goldenfein, Helen Nissenbaum, and Wendy Ju) Tejas Narechnia Machine Learning as Natural Monopoly, IOWA L. REV. (forthcoming 2022) Convergence and a Case for Broadband Rate Regulation, BERKELEY TECH. L.J. (forthcoming 2022) Internet Federalism, 34 HARV. J.L. & TECH. 547 (2021) (with Erik Stallman) 12 | Annual Bulletin 2021-2022

Interbranch Information Sharing: Examining the Statutory Opinion Transmission Project, 108 CALIF. L. REV. 917 (2020) (with Marin K. Levy) The Secret Life of a Text Message, 120 COLUM. L. REV. FORUM 198 (2020) Certiorari in Important Cases, Columbia Law Review (forthcoming 2022) Osagie K. Obasogie PERFECT ALIBI: MURDER IN SILICON VALLEY AND THE FALSE PROMISE OF DNA DATABASES (Stanford UniversityPress, forthcoming) Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force, 170 U. PA. L. REV. (forthcoming 2022) (with Anna Zaret) Excited Delirium and Police Use of Force, 107 VA. L. REV. (forthcoming 2021) An Empirical Examination of Race, Racism, and Police Use of Force in 21st Century Criminology, 69 UCLA L. REV. (forthcoming 2021) (with Peyton Provenzano) Medical Professionals, Excessive Force, and the Fourth Amendment, 109 CALIF. L. REV. 1 (2021) (with Anna Zaret)

From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing, 101 B.U. L. REV. (forthcoming 2021) (with Jane R. Bambauer) Admissibility of DNA Evidence in Court, in SILENT WITNESS: APPLYING FORENSIC DNA EVIDENCE IN CRIMINAL INVESTIGATIONS AND HUMANITARIAN DISASTERS (Henry Erlich, Eric Stover, & Thomas J. White eds., 2020) The Use of Algorithms in Criminal Adjudication, in CAMBRIDGE HANDBOOK OF THE LAW OF ALGORITHMS (Woodrow Barfield ed., 2020) EVIDENCE: CASES, COMMENTARY, AND PROBLEMS (5th ed. 2020) (with David A. Sklansky) SCIENTIFIC EVIDENCE (6th ed. 2020) (with Paul C. Giannelli, Edward J. Imwinkelried, Jane Campbell Moriarty, and Valena Elizabeth Beety) Pamela Samuelson Interfaces and Interoperability After Google v. Oracle, 100 TEX. L. REV. (forthcoming 2021) (with Mark A. Lemley)


Withholding Injunctions in Copyright Cases: The Impact of eBay, 63 WM. & MARY L. REV. (forthcoming 2021)

Review, Intellectual Property Rights: A Destroyer As Well As a Creator of Jobs?, JOTWELL (Feb. 2020)

Why 72 Intellectual Property Scholars Supported Google’s Copyrightability Analysis in the Oracle Case, 36 BERKELEY TECH. L.J. (forthcoming 2021) (with Catherine Crump)

Paul Schwartz ALI Data Privacy: Overview and Black Letter Text, 68 UCLA L. REV. (forthcoming 2021) (with Daniel J. Solove)

Pushing Back on Stricter Copyright ISP Liability Rules, 27 MICH. TECH. L. REV. 299 (2021)

The Data Privacy Law of Brexit: Theories of Preference Change, 22 THEORETICAL INQ. L. 111 (2021)

Text and Data Mining of In-Copyright Works: Is It Legal?, 64 COMM. ACM (forthcoming Nov. 2021) Reimplementing Software Interfaces Is Fair Use, 64 COMM. ACM 24 (July 2021) The Push for Stricter Rules for Internet Platforms, 64 COMM. ACM 26 (Mar. 2021) Copyright’s Online Service Providers Safe Harbors Under Siege, 63 COMM. ACM 25 (Nov. 2020) Recalibrating the Disgorgement Remedy in Intellectual Property Cases, 100 B.U. L. REV. 1999 (2020) (with John M. Golden and Mark P. Gergen) Regulating Technology Through Copyright Law: A Comparative Perspective, 42 EUR. INTELL. PROP. REV. 214 (2020) AI Authorship?, 63 COMM. ACM 20 (July 2020) The Disgorgement Remedy of Design Patent Law, 108 CALIF. L. REV. 183 (2020) (with Mark Gergen)

Rebecca Wexler The CLOUD Act and the Accused, in DATA & DEMOCRACY SYMPOSIUM (Knight Institute, forthcoming 2022) Verification Dilemmas, Law, and the Promise of Zero-Knowledge Proofs, BERKELEY TECH. L.J. (forthcoming 2022) (with Kenneth A. Bamberger, Ran Canetti, Shafi Goldwasser, and Evan Zimmerman)

INFORMATION PRIVACY LAW (7th ed. 2021) (with Daniel J. Solove)

TRADE SECRET CASE MANAGEMENT JUDICIAL GUIDE (forthcoming 2021) (with Peter Menell, David Almeling, Victoria Cundiff, and James Pooley)

PRINCIPLES OF THE LAW, DATA PRIVACY (American Law Institute 2020) (with Daniel J. Solove)

Petition for a Writ of Certiorari, Colone v. Superior Court (GitHub, Inc.), U.S. Supreme Court, No. 20-1474 (2021) (with Erwin Chemerinsky)

Illusions of Consent and COVID-19-Tracking Apps, IAPP PRIVACY PERSPECTIVES (May 2020)

Privacy as Privilege: The Stored Communications Act and Internet Evidence, 134 HARV. L. REV. 2721 (2021)

Jennifer Urban The Right to Contest AI, COLUM. L. REV. (forthcoming 2021) (with Margot E. Kaminski) Molly Van Houweling The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum, in OXFORD HANDBOOK OF THE NEW PRIVATE LAW (Andrew S. Gold et al. eds., 2020)

Privacy Asymmetries: Access to Data in Criminal Defense Investigations, 68 UCLA L. REV. 212 (2021) How Well-Intentioned Privacy Laws Can Contribute to Wrongful Convictions, BROOKINGS TECHTANK BLOG (Feb. 2020) (with John Villasenor)

Intellectual Property as Property, in 1 Research Handbook on the Economics of Intellectual Property Law (Ben Depoorter and Peter Menell, eds., 2019)

BCLT Annual Bulletin 2021-22 | 13


Tech Curriculum 2021-2022 Berkeley Law offers a remarkably rich curriculum on technology issues, ranging from the intellectual property survey class to the intensive learning experience provided by the Samuelson Law, Technology & Public Policy Clinic to advanced courses and seminars on patent prosecution, antitrust and technology platforms, privacy and cybersecurity, computer crime, entrepreneurship, telecommunications, entertainment law—even a course on wine law.

Transactional courses include one on drafting and negotiating software licenses, cloud computing agreements, and other IT contracts. Our sports and entertainment courses include video game law, entertainment law in the TV industry, and music law, as well as courses on representing professional athletes, drafting and negotiating sports law contracts, negotiating Hollywood contracts, and social justice issues in entertainment and media law. — Molly Shaffer Van Houweling Harold C. Hohbach Distinguished Professor of Patent Law and IP and Associate Dean for J.D. Curriculum and Teaching

The Berkeley Law curriculum allows students to delve deeply into a particular practice area or to gain breadth over the range of issues posed by technology. In intellectual property, students can progress from the four-credit survey to more in-depth courses on patent law, copyright, trade secrets, trademarks, patent litigation, patent prosecution, and Chinese IP law. In the privacy and data security field, students can take information privacy law, computer crime, cybersecurity, and privacy counseling & compliance. 14 | Annual Bulletin 2021-2022

Photo by Joi Ito


Recent Faculty-Authored Coursebooks

BCLT Annual Bulletin 2021-22 | 15


The Law & Technology Certificate recognizes a student’s sustained commitment to technology law through successful completion of a prescribed number of tech-related courses plus participation in a student-led activity. The curricular requirements emphasize depth and breadth while affording students flexibility in adapting their course of study to a range of career paths.

16 | Annual Bulletin 2021-2022


Tech-Related Courses Fall 2021 Advanced IT Contracts: Drafting and Negotiating Antitrust Law Biotechnology Law Computer Law Entertainment Law in the TV Industry FinTech: Tools for Analyzing New Financial Products Fire Science, Law, and Policy Future of Cybersecurity Workshop Information Privacy Law Intellectual Property Law Law and Technology Writing Workshop Mergers, Market Power and Monopoly in U.S. Antitrust Negotiating Hollywood Contracts Patent Litigation II: PTAB and ITC Science and Regulatory Policy Social Media Law Technological Disruption and Social Justice for LL.M.s Topics in Privacy and Security Law Trademark Practice

Spring 2022 Antitrust and Technology Platforms Art and Cultural Property Law California Privacy Law Computer Crime Law Computer Programming for Lawyers Copyright Law Current Topics in National Security Law Cybersecurity Law and Policy Disruptive Technologies and Regulation Hate Speech, Disinformation, and Online Harassment Intellectual Property Law IP in the Music Industry Marijuana Law and Policy National Security Law: A Practitioner’s Perspective Patent Litigation I Privacy Counseling & Compliance Public Health Law Regulation of and by Internet Platforms Secrecy: The Use and Abuse of Information Control in the Courts Space Law Technology for Lawyers International Antitrust Law Topics in Pharmaceutical Policy: The Case of Biotherapeutics Trade Secret Law

Transnational Intellectual Property Law Video Game Law Wine Law

Clinical Program 2019-2020 | 17 BCLT Annual Bulletin 2021-22 | 17


Asia IP & Technology Law Project Now entering its fourth year, the Asia IP & Technology Law Project continues to offer a unique forum for Asian and American companies, law firms, academics, trade associations, and government officials to learn about developments in IP law on both sides of the Pacific, exchange views, and develop deeper knowledge on issues of common concern. The project brings data-driven insight into the complex IP landscape in China and other Asian venues. During the transition to virtual events this past year, awareness and interest in the timely work being done at the Asia IP Project expanded to a global audience and attendance at its workshops, conferences, and other events soared. As of 2020 and 2021, the Asia IP program publicly hosted 19 events, spanning 30 days, including international conferences, book talks, webinars and expert roundtables.

18 | Annual Bulletin 2021-2022

Mark Cohen, Senior Fellow and Director of the BCLT Asia IP Project. Mark was recently ranked among the 300 most influential IP strategists in the world, by IAM.


Important and insightful research and scholarship has emerged from the Asia IP Project, including the following published and forthcoming work: • Robert Merges and Fang (Helen) Liu, Intellectual Property Strategy for Business 2020 • Hao Yuan, Through the Anti-Monopoly Lens: What Constitutes ‘Unfairly High Patent Pricing’ in China? GRUR International, August, 2020 • Mark Cohen and Philip Rogers, When Sino-American Struggle Disrupts the Supply Chain: Licensing Intellectual Property in a Changing Trade Environment, 20 WORLD TRADE REV. 238 (2020)

Speakers and attendees have included: • Former California Gov. Jerry Brown • Former USPTO Directors Kappos and Iancu • Former Australian PM Kevin Rudd • Current and former U.S. judges and judges from China’s Supreme People’s Court • Senior WIPO, WTO, and U.S. government officials

• Mark Cohen, The Criminal Bias in U.S. Intellectual Property Diplomacy, Nat’l Bureau Asian Res. (July 22, 2021) • Mark Cohen and Vivienne Bath, Anti-Suit Injunctions in the 5G and lot Ecosystem (Sean O’Connor ed., forthcoming 2022) • Mark Cohen and Qi Quanyi, Transnational Legal Ethics (U.S./China), 5 China L. & Soc’y Rev. (forthcoming 2023)

Future planned programs: • SEP Series, Prof. Hao Yuan • 2nd IP Certificate Program, with a focus on enforcement • 4th Transnational IP Litigation with Tsinghua Law School • 4th Tech Trade and China Symposium • IP Damages in International Trade with Sunwater Institute

BCLT Annual Bulletin 2021-22 | 19


Life Sciences Project INTRODUCING OUR NEW DIRECTOR The newly-launched Life Sciences Project will offer a unique forum for life sciences companies to explore IP, innovation, and regulatory issues. In addition to creating a community for life sciences attorneys to discuss current topics, the Life Sciences Project will support research related to patent protection for drug innovations, bioethics, FDA regulations, AI and healthcare data, and health-data privacy regulations. The Life Sciences Project will work closely with the Asia IP Project to explore international pharmaceutical development. 20 | Annual Bulletin 2021-2022

Allison Schmitt JD’15 returns to Berkeley Law to serve as the first Director of the new BCLT Life Sciences Project. She brings tremendous expertise, experience, and energy to this exciting initiative. Prior to law school, Allison earned a Ph.D. in Chemistry from Duke University, where she focused on bioorganic chemistry and physical biochemistry. While at Duke, Allison participated in the Pharmacology Scientist Training Program and was awarded the Graduate School Dean’s Award for Excellence in Teaching. Allison then came to Berkeley Law, where she focused her energy on intellectual property and life sciences legal issues. Upon graduating Allison clerked for the Honorable Stanley R. Chesler at the District of New Jersey, where she worked extensively on ANDA cases. She then clerked for the Honorable Kathleen M. O’Malley at the Federal Circuit, where she further honed her knowledge of bio-pharma law and case management. She then spent several years in private practice focusing on life sciences patent litigation, patent counseling, and policy matters.


LIFE SCIENCES PROJECT FOUNDERS:

Vern Norviel

BCLT Annual Bulletin 2021-22 | 21 Annual Bulletin 2021-2022| 21


Students Berkeley Law attracts the very best students and offers them the most comprehensive instructional program in law and technology available anywhere in the world. The unmatched experience of Berkeley Law makes its students sought-after hiring prospects by top law firms, judges, government agencies, and other organizations. 22 |Annual Bulletin 2021-2022

TECH-FOCUSED STUDENT GROUPS We support a wide range of student groups, which allow students to develop friendships and pursue interests extending beyond the classroom. BERC Law BERC Law is the law school branch of the Berkeley Energy & Resources Collaborative, a student-led organization which aims to connect and educate the UC Berkeley energy and resources community. BERC Law helps to inform law students about current legal practice and advances in the fields of energy, climate and clean technologies through curriculum development, an expanding alumni and professional network, the promotion of events and discussions centered on green issues, and creation of a Career Guide for Energy, Climate and CleanTech Law.


BCLT Annual Bulletin 2021-22 | 23


Berkeley Journal of Entertainment and Sports Law The Berkeley Journal of Entertainment and Sports Law (BJESL) is a studentrun organization dedicated to promulgating scholarship on legal issues that contemporaneously impact various entertainment industries, both domestically and internationally. As an interactive and electronic law review, BJESL presents a unique platform for rich discourse on legal topics such as copyright, trademark, art, sports, film and television, communications and broadcast media, First Amendment, right to privacy, music, antitrust and unfair competition, contracts, and more. Berkeley Technology Law Journal The Berkeley Technology Law Journal (BTLJ) is a student-run publication of the University of California at Berkeley School of Law. BTLJ began as the 24 | Annual Bulletin 2021-2022

High Technology Law Journal, publishing its first issue in Spring 1986. The Journal covers emerging issues of law in the areas of intellectual property and biotechnology; BTLJ strives to keep judges, policymakers, practitioners and the academic community abreast of the dynamic field of technology law. BTLJ has consistently been ranked as the top journal for intellectual property law, and has been repeatedly cited by courts, including every regional Circuit Court of Appeal, the Court of Appeals for the Federal Circuit, and the United States Supreme Court. Bringing Law Into Science & Society BLISS seeks to build greater understanding between scientists and lawyers through interdisciplinary seminars and networking events. Lawyers (and law students) learn how scientific proof is constructed and defined, so they can apply tools of scientific analysis to the practice of law. Scientists (and STEM students) learn how legal proof is constructed and described, to enhance their advocacy on legal and policy matters. BLISS provides an intellectually-engaging, interdisciplinary environment where law and STEM students can enrich their training and inform their policy goals.

Coalition of Minorities in Technology Law The Coalition of Minorities in Technology Law (CMTL) is a student organization established within UC Berkeley School of Law with the purpose of providing community, mentorship, career resources, and advocacy on behalf of students who are interested in technology law and who come from backgrounds historically underrepresented in the technology, legal, and technology law fields. Healthcare and Biotech Law Society at Berkeley Law The Healthcare and Biotech Law Society at Berkeley Law is a group of law students who are interested in examining and analyzing the intersection between law, society, policy, and science. Our mission is to stimulate the intellectual and professional development of law students interested in health and/ or biotech law. We provide a forum for students with a broad range of interests. Patent Law Society The Berkeley Law Patent Law Society (PLS) is organized to serve as a focus group for students interested in practicing patent law; to provide a forum for students to have in-depth discussions regarding patent law; to engage patent law practitioners to


share theirexperiences with students; and to provide opportunities for students to interact, network, and exchange ideas. Privacy Law at Berkeley The Privacy Law at Berkeley (PrivLAB) serves as a forum for students, faculty and other members interested in the various facets of Information Privacy Law. The Association organizes meetings, events, talks, and seminars by experts working in the area of information privacy law. We aim to develop a strong network of people working towards the mission of overcoming challenges posed by the digital world and complexities arising from the same. Public Interest Law & Technology Public Interest Law & Technology (PIL&T) is a community of students interested in the intersection of law, technology, and social justice. We recognize the ways in which new technologies—and the laws governing them—can positively or negatively impact civil liberties, human rights, democratic governance, and social equity. PIL&T links together the robust public interest and tech law communities at Berkeley Law by establishing a space for students to learn about important issues in this intersection, network with public interest technology lawyers, and support one another incrafting fulfilling careers.

Space Law Society Space. The final frontier. The Space Law Society provides a venue for the Berkeley Law community to encounter historical, contemporary, and prospective issues in the law and policy of outer space. Like many high technology legal fields, Space Law is a relatively new field which has developed rapidly. Our mission is one of nuanced exchange and infinite comradery. The ongoing mission of Space Law Society is to explore the emerging field, embracing the many perspectives that Berkeley Law students have to offer and seeking out new practices and ideas—boldly going where no Berkeley Law student organization has gone before! Sports and Entertainment Law Society The mission of the Sports and Entertainment Law Society (SELS) is to educate the Berkeley Law community about legal opportunities and issues in the entertainment and sports industries. SELS also strives to facilitate opportunities for students to network not only with each other, but also with legal professionals in these industries. SELS regularly sponsors many events during the academic year, including both guest lectures and social

events. SELS thereby provides a resource for students to connect with alumni and other industry-leading professionals and seek employment opportunities in the sports and entertainment industries. Women in Tech Law Women in Tech Law (WiTL) is a studentled organization that strives to recruit, support, and empower women who are interested in pursuing technology law through providing outreach, mentorship, and educational resources. WiTL aspires to use outreach as a medium to not only encourage women to enter the field, but to also expand the presence of women in the field by providing awareness to the opportunities and potential that tech law can hold for women from both STEM and non-STEM backgrounds. WiTL seeks to use mentorship and other platforms to increase members’ accessibility into tech law, in an attempt to break the glass ceiling of the technology industry.

BCLT Annual Bulletin 2021-22 | 25


BCLT Technol0gy Pillars With 18 tech-focused faculty and over 40 industryleading lecturers, Berkeley Law offers unrivaled thought leadership and educational opportunities in IP and technology law. Our legal research and teaching are organized around six pillars that are core to today’s technology discussions. BCLT builds upon this work with its own pillar-spanning research projects, including the Asia IP & Technology Law Project and the Life Sciences Project.

26 | Annual Bulletin 2021-2022


BERKELEY CENTER FOR LAW & TECHNOLOGY

IP AND ANTITRUST

PRIVACY, CYBERSECURITY, AND CONTENT REGULATION

TECHNOLOGY, DISRUPTION, AND SOCIAL IMPACT

DATA SCIENCE AND INFORMATION TECHNOLOGY

ENTERTAINMENT AND NEW MEDIA

LIFE SCIENCES AND HEALTH TECHNOLOGY

ASIA IP & TECHNOLOGY LAW PROJECT LIFE SCIENCES PROJECT BCLT Annual Bulletin 2021-22 | 27


IP AND ANTITRUST It is no accident that the nation’s #1 ranked IP program sits in the world’s most storied innovation hub, the San Francisco Bay area. For over 25 years, BCLT and its faculty co-directors have brought leading academics and the nation’s top innovators together to explore IP law, its impacts on innovation, its impacts on society, and its future direction. This collaboration has not only resulted in leading scholarship— it also has created an unmatched educational environment for students. The current course catalog contains 28 | Annual Bulletin 2021-2022

dozens of courses focused on core IP topics. Students can take the critical foundational IP courses from the nation’s leading faculty. In many cases, students will get to take courses directly from their casebook’s author. Students can also select from many highly-specialized IP courses that are taught by practitioner-lecturers drawn from the Bay Area’s top law firms and companies. Students leave Berkeley Law ready to practice IP law and ready to adapt to inevitable changes in IP law.


“Through teaching, scholarship, and industry-professional gatherings of all kinds, BCLT has played a leading role in accelerating our understanding of contemporary challenges to the patent system, and in advocating research-based policy proposals on various issues (patent troll litigation; the importance of patents to venture capitalists and other investors; patents and overseas trade/supply chains; etc.). A distinctive “West Coast” approach to patent law has emerged over the past thirty or so years, and BCLT has played a leading role in convening companies, law firms and policymakers of all kinds to shape and foster this approach. The very wide range of our patent-related courses, programs, and scholarship in this field bear witness to the interest in and value of this distinctive approach to the ever-changing and still-important field of patent law.” — Rob Merges, Wilson Sonsini Goodrich & Rosati Professor of Law and Associate Dean of Advanced Degree Programs and Global Engagement BCLT Annual Bulletin 2021-22 | | 2929 Annual Bulletin 2021-2022


CURRICULUM

FACULTY CO-DIRECTORS

Advanced IP: Theories of Innovation Policy and Culture Antitrust Antitrust and Innovation Antitrust Investigations and Litigation Antitrust and Technology Platforms Art and Cultural Property Law Business of Intellectual Property Chinese IP Law

Sonia Katyal

Tejas N. Narechania

Robert P. Merges

Pamela Samuelson

Peter S. Menell

Molly Shaffer Van Houweling

Associate Dean for Faculty Development and Research

Robert and Nanci Corson Assistant Professor of Law

Copyright Law Copyright, Competition, and Technology Economics of Intellectual Property Intellectual Property Transactions International Antitrust IP and Entrepreneurship IP in the Music Industry IP Practicum Clinic Law and Technology Scholarship Seminar

Wilson Sonsini Goodrich & Rosati Professor of Law and Associate Dean of Advanced Degee Programs and Global Engagement

Richard M. Sherman Distinguished Professor of Law and Information

Rebecca Wexler Assistant Professor of Law

Mergers, Market Power and Monopoly in U.S. Antitrust Law Patent Law Patent Prosecution Trade Secret Law Trademark Law Trademark Practice Transnational Intellectual Property Law 30 | Annual Bulletin 2021-2022

Koret Professor of Law

Harold C. Hohbach Distinguished Professor of Patent Law and IP and Associate Dean for J.D. Curriculum and Teaching


EVENTS 26th Annual BCLT-BTLJ Symposium: The Emergent Right to Repair April 22, 2022 With today’s software-enabled products, including our cars and toasters, we can no longer take for granted a right to repair them ourselves or to take them to the local repair shop of our choosing. In response to legal and technological restrictions, a growing movement advocating a right to repair has emerged, despite pushback from some quarters. Manufacturers and device makers remain skeptical of an unfettered right to repair, citing concerns over intellectual property rights, reliability, security, and lost revenue. This symposium will consider the complex, overlapping set of policy questions at the center of the repair debate. How do restrictions on repair, or their elimination, affect competition? How might policymakers resolve potential tensions between the right to repair and the intellectual property rights of device makers? Would the consumer benefits of open repair markets outweigh their risks? And what legislative solutions or other policy interventions are bestsuited to address these questions? Advanced Life Sciences IP Institute Winter 2021-2022 Focusing exclusively on IP issues facing life sciences companies, this advanced series provides attorneys in the life science space with programming dedicated to IP issues arising in their space. 22nd Annual Berkeley-Stanford Advanced Patent Law Institute December 9-10, 2021 APLI presents a roster of judges, academics, litigators, patent prosecutors, and senior IP counsel from major corporations offering a results-oriented, in-depth look at the latest developments in patent law and practice.

Annual Intellectual Property Scholars Conference Summer 2021 The IPSC brings together intellectual property scholars to present their works-in-progress in order to benefit from the critique of colleagues. The conference is co-sponsored by the Berkeley Center for Law and Technology, UC Berkeley School of Law; the Intellectual Property and Information Law Program, Benjamin N. Cardozo School of Law at Yeshiva University; the Center for Intellectual Property Law and Information Technology, DePaul University College of Law; and the Stanford Program in Law, Science & Technology, Stanford Law School. Google v. Oracle: An Initial Appraisal April 20, 2021 On April 5, the Supreme Court handed down its much-anticipated decision in one of the most consequential copyright cases of our time, Google v. Oracle. Our assessment of this momentous decision was led by Professors Peter Menell and Pamela Samuelson. In addition to filing amicus briefs in the case, they have written extensively about it and the broader issues of software copyright. BCLT/BTLJ Design Patents Symposium: Navigating and Rectifying the Design Patent Muddle February 19, 2021 This symposium explored the history of design patent protection and the evolution of the key ornamentality/non-functionality doctrine. The lead paper, Design Patent Law’s Identity Crisis, authored by Professor Peter Menell and Ella Corren, framed the Symposium. Panels comprised of academic and practitioner commentators discussed the past, present, and future of design protection. BCLT Annual Bulletin 2021-22 | 31


PRIVACY, CYBERSECURITY, AND CONTENT REGULATION Companies and innovators in the San Francisco Bay Area continue to surface new legal questions about privacy and cybersecurity. And California privacy laws have been a model for the world. With that kind of local backdrop, Berkeley Law and the BCLT faculty co-directors have established themselves as the go-to experts on privacy and cybersecurity topics. Our faculty includes internationallyrecognized data experts with concentrations spanning comparative privacy 32 | Annual Bulletin 2021-2022

law, consumer privacy, computer crime, and the law of government surveillance. Our research has played a major role in the development of privacy and cybersecurity regulations worldwide. Berkeley Law students have the opportunity to immerse themselves in over a dozen classes focused on privacy and cybersecurity issues.


“With the enactment of the California Consumer Privacy Act, California is now an epicenter for privacy developments. And BCLT has an unparalleled group of experts in every aspect of privacy and cybersecurity law, including Ken Bamberger, Catherine Crump, Chris Hoofnagle, Orin Kerr, Deirdre Mulligan, Andrea Roth, Jennifer Urban, Rebecca Wexler, and myself. BCLT’s own Professor Urban has just been named as the chair of the new California Privacy Protection Agency. Along with four other experts, she will be members of a board of a new administrative agency responsible for protecting the privacy rights of consumers. Berkeley Law is an incredibly exciting place for all those interested in tech and law.” — Paul Schwartz, Jefferson E. Peyser Professor of Law and BCLT Faculty Director BCLT Annual Bulletin 2021-22 | | 3333 Annual Bulletin 2021-2022


CURRICULUM

FACULTY CO-DIRECTORS

Advanced IT Contracts: Drafting and Negotiating California Privacy Law Cybercrime Cybersecurity in Context Cybersecurity Law and Policy

Kenneth A. Bamberger

Deirdre K. Mulligan

Paul Schwartz

Catherine Crump

Tejas N. Narechania

Erik Stallman

Chris Jay Hoofnagle

Pamela Samuelson

Rosalinde and Arthur Gilbert Foundation Professor of Law

Professor in the School of Information and the School of Law

Jefferson E. Peyser Professor of Law

Information Privacy Law Law and Technology Scholarship Seminar Privacy and Security Lab Privacy Counseling and Compliance Privacy Litigation

Director of the Samuelson Law, Technology & Public Policy Clinic and Clinical Professor of Law

Robert and Nanci Corson Assistant Professor of Law

Associate Director of the Samuelson Law, Technology & Public Policy Clinic, Assistant Clinical Professor

Secrecy: The Use and Abuse of Information Control in the Courts Seminar: Advanced Privacy Topics Surveillance Law and Technology Topics in Privacy and Security Law

34 | Annual Bulletin 2021-2022

Teaching professor in the School of Law, with a dual appointment in the School of Information

Richard M. Sherman Distinguished Professor of Law and Information

Jennifer M. Urban

Clinical Professor of Law and the Director of Policy Initiatives for the Samuelson Law, Technology & Public Policy Clinic


EVENTS 10th Annual BCLT Privacy Law Forum Spring 2022 Bridging academia and practice, this full-day conference brings together in-house counsel from leading tech companies, practicing lawyers, regulators, privacy advocates, and academics. Faculty from Berkeley Law share their latest research and analysis, and leading privacy experts from law firms, companies, and government agencies will offer fresh insight and practical advice on meeting urgent privacy challenges. Orin S. Kerr Professor of Law

Rebecca Wexler Assistant Professor of Law

14th Annual BCLT Privacy Lecture: Policing Families Prof. Dorothy E. Roberts October 28, 2021 In our 2021 BCLT Privacy Lecture, Prof. Roberts explores themes from her forthcoming book on family policing. As predictive technologies are integrated into the child protection services and foster care systems, her analysis of the nature and impact of government surveillance on families will be especially timely.

BCLT Privacy Lecture: Digital and Physical Company Towns in the Age of Public Capitalism Prof. Jon Michaels, UCLA School of Law Thursday, October 29, 2020 Big tech today has its own supreme court, is poised to coin its own currency, and is building various company towns, complete with housing, transportation, retail, and green spaces. These interventions reveal much about our present-day political economy, the health of our democracy, and our views about the state and the market. Furthermore, they also signal potentially seismic shifts in how we approach questions of constitutional law, corporate governance, and security and privacy.

BCLT Annual Bulletin 2021-22 | 35


TECHNOLOGY, DISRUPTION, AND SOCIAL IMPACT Rapid innovation—whether it be in high-tech or biotech— creates legal issues unimagined just a few years ago. BCLT faculty co-directors are leading the examination of these emerging legal issues and have established themselves as the nation’s leading experts on the impact of technology on both society and individuals. They are researching a diverse range of topics, including government use of surveillance, regulation of internet platforms, forensic science in criminal prosecutions, technology regulations 36 | Annual Bulletin 2021-2022

impacting the First Amendment, and the intersection of law and medicine. Students have access to over a dozen courses that explore technology’s impact on us all. Students also have the opportunity to gain hands-on experience with these societalimpact issues by participating in innovative clinics like the Samuelson Law, Technology, & Public Policy Clinic.


“As technology has transformed more areas of life, technology law and policy has spun out in many directions beyond the copyright and speech issues that first preoccupied the field some two decades ago. Research by faculty and students now involves issues as disparate as the use of geolocation tracking bracelets on kids in the juvenile justice system to the provision of broadband during the pandemic. Part of the appeal of the field is the dazzling array of work that falls within it, and its constant evolution.” — Catherine Crump, Clinical Professor, BCLT Faculty Director, and Director of the Samuelson Law, Technology & Public Policy Clinic BCLT Annual Bulletin 2021-22 | | 3737 Annual Bulletin 2021-2022


CURRICULUM Advanced IP: Theories of Innovation Policy and Culture Antitrust and Innovation Bioethics: From Nuremberg to Modern Times Climate Change and the Law Computer Crime Law Criminal Procedure Investigations Current Topics in National Security Law Cybersecurity Law and Policy Disruptive Technologies and Regulation Environmental Justice: Race, Class and the Environment Fire Science, Law, and Policy Forensic Evidence in Criminal Trials Hate Speech, Disinformation, and Online Harassment: Regulation of and by Internet Platforms Law and Technology Scholarship Seminar

FACULTY CO-DIRECTORS Medical-Legal Partnerships: A Collaborative Approach to Social Justice Race, Police Violence, and the Fourth Amendment Regulated Digital Industries: Telecommunications Law & Policy for a Modern Era Science and Regulatory Policy Secrecy: The Use and Abuse of Information Control in the Courts Social Justice Issues in Entertainment and Media Law Space Law Surveillance Law and Technology Technological Disruption and Social Justice for LL.M.s Technology Disruption Seminar Technology Expertise in Law and Policy When Technology Meets a Criminal Case

Kenneth A. Bamberger

Sonia Katyal

Catherine Crump

Peter S. Menell

Catherine Fisk

Deirdre K. Mulligan

Rosalinde and Arthur Gilbert Foundation Professor of Law at Berkeley Law

Director of the Samuelson Law, Technology & Public Policy Clinic and Clinical Professor of Law

Barbara Nachtrieb Armstrong Professor of Law

38 | Annual Bulletin 2021-2022

Associate Dean for Faculty Development and Research

Koret Professor of Law

Professor in the School of Information and the School of Law


EVENTS BCLT Symposium on Race and Health: The Intersection of Race, Healthcare, and Technology Law November 10, 2021 Among topics to be discussed, “Race & Access to Health Care Innovation” and “The Impact of Technological Trends on Racial Minorities in America.” Osagie K. Obasogie

Jennifer M. Urban

Andrea Roth

Rebecca Wexler

Clinical Professor of Law and the Haas Distinguished Chair and Professor Director of Policy Initiatives for the of Law at Berkeley Law with a joint Samuelson Law, Technology & Public appointment in the School of Public Health. Policy Clinic

Professor of Law

Assistant Professor of Law

Cyber-hate: Defining and Combating Antisemitism and Hate Online February 4 and March 4, 2021 This symposium explored the phenomenon of cyber-hate. What are the key issues and manifestations? What are the appropriate responses to online hate? What are the frameworks available—legal, social, technological—and possible constraints to responding? How do we evaluate the success of various solutions? Co-sponsored by the Berkeley Institute’s Program on Jewish Law, Thought, and Identity and the Berkeley Center for Law & Technology

25th Annual BTLJ-BCLT Symposium: Technology Law as a Vehicle for Anti-Racism November 12-13, 2020 This online symposium, organized by Berkeley Technology Law Journal and BCLT, examined the intersection of technology, law, and race. Speakers discussed current issues dealing with technology and race, including how technologies can be designed and implemented to serve rather than undermine the interests of racial justice and how technology law, policy, and scholarship can advance anti-racism.

BCLT Annual Bulletin 2021-22 | 39


DATA SCIENCE AND INFORMATION TECHNOLOGY Innovation in the IT field continues to create new and important legal issues. BCLT’s faculty co-directors have established themselves as leading thinkers in today’s most pressing IT and data science legal issues, including blockchain, FinTech, AI, social media, video games, and computer crimes. With the opportunity to select from 15 ITfocused classes, students can explore how IT and data science impacts regulatory policy, criminal investigations, and business transactions.

40 | Annual Bulletin 2021-2022


“The relationships between law and technology, code and governance, and technologists and lawyers become more varied and complex every year. BCLT faculty research and convenings help lawyers, technologists, and policymakers understand and navigate this expanding territory.” — Deirdre Mulligan, Professor at Berkeley Law and the UC School of Information, and BCLT Faculty Director

BCLT Annual Bulletin 2021-22 | | 4141 Annual Bulletin 2021-2022


CURRICULUM

Advanced IT Contracts: Drafting and Negotiating

FACULTY CO-DIRECTORS

Blockchain, Crypto Economics, and the Future Directions of Technology, Business, and Law Computer Crime Law Computer Law Computer Programming for Lawyers Copyright, Competition, and Technology Current Topics in National Security Law Cybercrime

Chris Jay Hoofnagle

Deirdre K. Mulligan

Sonia Katyal

Andrea Roth

Orin S. Kerr

Pamela Samuelson

Teaching professor in the School of Law, with a dual appointment in the School of Information

Professor in the School of Information and the School of Law

Cybersecurity in Context Cybersecurity Law and Policy Encryption Workarounds FinTech: Tools for Analyzing New Financial Products Network Neutrality Seminar Privacy Law for Technologist Regulated Digital Industries: Telecommunications Law & Policy for a Modern Era

Associate Dean for Faculty Development and Research

Professor of Law

Social Media Law Surveillance Law and Technology Technology for Lawyers Video Game Law

42 | Annual Bulletin 2021-2022

Professor of Law

Richard M. Sherman Distinguished Professor of Law and Information


EVENTS

Tejas N. Narechania

Robert and Nanci Corson Assistant Professor of Law

Erik Stallman

Associate Director of the Samuelson Law, Technology & Public Policy Clinic, Assistant Clinical Professor

Molly Shaffer Van Houweling Harold C. Hohbach Distinguished Professor of Patent Law and IP and Associate Dean for J.D. Curriculum and Teaching

Scraping Takeaways from Van Buren v. United States June 15, 2021 As a follow-up to our May 2021 virtual digital conference, we brought you hot takes on Van Buren v. United States. We explored the implications of the ruling for websites’ efforts to prohibit scraping, data journalism, and other issues. Featuring Orin Kerr, Professor of Law, UC Berkeley in conversation with Marc Zwillinger, Founder & Managing Member, ZwillGen. 25th Annual BCLT/BTLJ Symposium— Lex Informatica: The Formulation of Information Policy Rules Through Technology April 15-16, 2021 Joel Reidenberg’s prescient article, Lex Informatica: The Formulation of Information Policy Rules Through Technology, published in the Texas Law Review in 1998, urged policymakers to understand, consciously recognize, and encourage the evolution of extra-legal influences to achieve optimal public policy outcomes. This symposium honored the legacy of Reidenberg’s deep insights about Lex Informatica as policy levers and explored respects in which Lex Informatica is working in the public interest and ways in which technology regulations could be improved.

Symposium: 25th Anniversary of the Telecommunications Act of 1996—Looking Ahead to the Next Telecommunications Act March 12, 2021 To mark the 25th anniversary of the 1996 Telecommunications Act, this symposium explored possible facets of the next major telecommunications reform effort (whenever it may be), including technological convergence and regulatory power; race and diversity in communications law; institutional design and the Federal Communications Commission; and federalism and state power. Annual Legal Frontiers in Digital Media Conference May 18-20, 2021 BCLT and the Media Law Resource Center present this series of conferences that explores emerging legal issues surrounding digital content in today’s multi-platform world.

BCLT Annual Bulletin 2021-22 | 43


ENTERTAINMENT AND NEW MEDIA Technology has revolutionized the creation, distribution, and consumption of digital content. The laws around music, TV and film, sports, social media, and video games are evolving at an incredible rate. And Berkeley Law has claimed a leadership role in both research and education within these areas. Our faculty are turning out leading research on media-related IP protection, Internet Service Provider liability, network neutrality, and social media regulation.

44 | Annual Bulletin 2021-2022

Our students can choose from a dozen innovative courses focused on social media, music law, video game law, Hollywood contracts, and sports law contracts. And with access to our practitioner-lecturers, students are exposed to the latest development within this rapidlychanging area of law.


“At a time of great and tumultuous change in the media and entertainment world, lawyers are at the heart of rethinking how to restructure the entertainment business to support the creators of content so the audience gets the stories they want and the business is sustainable. Berkeley Law creates innovative thinkers, so its graduates are and can be leaders in the conversations which create these new structures.” — Linda Lichter, Lecturer and Founding Member and Partner, Lichter Grossman Nichols Adler Feldman & Clark

BCLT Annual Bulletin 2021-22 | | 4545 Annual Bulletin 2021-2022


CURRICULUM

FACULTY CO-DIRECTORS

Advertising, Branding, and the First Amendment Art and Cultural Property Law Copyright, Competition, and Technology Entertainment Law in the TV Industry IP in the Music Industry

Peter S. Menell

Pamela Samuelson

Catherine Fisk

Sonia Katyal

Koret Professor of Law

Richard M. Sherman Distinguished Professor of Law and Information

Media Law and the First Amendment Negotiating Hollywood Contracts Representing Professional Athletes Social Justice Issues in Entertainment and Media Law Social Media Law Topics in Sports Law Video Game Law

46 | Annual Bulletin 2021-2022

Barbara Nachtrieb Armstrong Professor of Law

Associate Dean for Faculty Development and Research


EVENTS Annual Sports and Entertainment Law Conference November 5-6, 2020 Berkeley Law’s Annual Sports and Entertainment Conference has become one of the Bay Area’s most recognized student-run sports and entertainment events of the year. Industry elites come together to explore, unpack, and debate the many developments within two dynamic fields. 2020 Speakers included: Jeffrey Harleston (Universal Music Group), Leigh Steinberg (Steinberg Sports and Entertainment), Dr. Damion Thomas (Smithsonian NMAAHC), Hannah Gordon (San Francisco 49ers), D’Lonra Ellis (Oakland Athletics).

LECTURER SPOTLIGHT: LINDA LICHTER

Linda Lichter is a lecturer at Berkeley Law, where she received her J.D. Linda has been teaching a class on negotiating contracts for talent in the entertainment business at the Law School since 2016. Linda is one of the first woman lawyers to be named partner in an entertainment law firm and one of the first lawyers to work in the independent film world. Linda perennially appears on Hollywood Reporter’s “100 Most Powerful Women in Hollywood” and has been named one of Variety’s top 500 most powerful people in the media business.

BCLT Annual Bulletin 2021-22 | 47


LIFE SCIENCES AND HEALTH TECHNOLOGY The Bay Area life sciences ecosystem has proven to be a world leader in life sciences innovation. Berkeley Law and BCLT are uniquely positioned to provide the legal scholarship and training needed both to support the life sciences industry and to address its impact on society. Berkeley Law already offers innovative classes including Biotechnology Law, Bioethics, and Topics in Pharmaceutical Policy. Now, with generous funding from Genentech, Gilead, Vern Norviel, Wilson Sonsini, and Weil Gotshal, 48 | Annual Bulletin 2021-2022

BCLT is expanding its existing focus on life sciences with a new Director of Life Sciences, new classes, additional professors, and additional practitioner-lecturers.


“Berkeley Law is one of the top public law schools in the United States, as well as being situated in one of the top life science research universities in the world, and all the while in a geography that draws more life science funding than anywhere else in the world. It is the center of it all.” — Vern Norviel, Co-founder Life Sciences Project

BCLT Annual Bulletin 2021-22 | | 4949 Annual Bulletin 2021-2022


CURRICULUM Bioethics: From Nuremberg to Modern Times Biotechnology Law Food Justice Food Law & Policy Law and Technology Writing Workshop Law, Public Health, and Police Use of Force Marijuana Law and Policy Medical-Legal Partnerships: A Collaborative Approach to Social Justice Mental Health and the Law Public Health Law Topics in Pharmaceutical Policy: The Case of Biotherapeutics Wine Law

50 | Annual Bulletin 2021-2022

NEW FACULTY SPOTLIGHT: OSAGIE K. OBASOGIE Professor Osagie K. Obasogie is the newest BCLT Faculty Director and Berkeley Law Faculty member. He is the Haas Distinguished Chair and only faculty member jointly appointed at both Berkeley Law and the School of Public Health. As a sociologist of law and medicine, Obasogie’s research combines doctrinal scholarship with empirical methods and novel theoretical approaches to understand the ways race is central to how the institutions of law and medicine operate. His current work examines the role of science, medicine, and medical professionals in hindering the ability to hold police officers accountable when they use excessive force; analyzes the legacy of the American eugenics movement and its contemporary impact on law, science, medicine, and technology; studies how legal doctrine produces police violence; and exposes the often overlooked limitations of DNA databases when they are used in criminal investigations.


EVENTS Advanced Life Sciences Regulatory Institute Summer 2022 Life sciences companies face a complex, evolving regulatory environment. With programming exclusively dedicated to life sciences issues, this advanced series provides attorneys with the cutting-edge information they need to know. Advanced Life Sciences IP Institute Winter 2021-2022 Focusing exclusively on IP issues facing life sciences companies, this advanced series provides attorneys in the life science space with programming dedicated to IP issues arising in their space.

Advanced Life Sciences Series These virtual programs offer life sciences attorneys access to the most current topics and to leading thinkers. • Fall Life Sciences Seminar Fall 2021 • Spring Life Sciences Seminar Spring 2022 BCLT Symposium on Race and Health: The Intersection of Race, Healthcare, and Technology Law November 10, 2021 Among topics to be discussed, “Race & Access to Health Care Innovation” and “The Impact of Technological Trends on Racial Minorities in America.”

BCLT Annual Bulletin 2021-22 | 51


Berkeley Center for Law & Technology University of California, Berkeley School of Law 421 Law Building Berkeley, CA 94720-7200 Tel 510.643.4800 bclt@law.berkeley.edu law.berkeley.edu/research/bclt