DISCERN - Spring 2022

THE MAGAZINE OF SANTA CL ARA UNIVERSIT Y SCHOOL OF L AW

S P R I N G 2022

8 Leading with Kindness & Empathy Meet Santa Clara Law’s New Dean— Michael J. Kaufman

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Closing the Second Chance Gap

18

Progress Toward Diversity, Equity, & Inclusion

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Stop Criminal Thinking at PG&E

DISCERN SPRING 2022

STEPHEN A. O'BRIEN ’98 Senior Assistant Dean, External Relations ANNIE WARR ’99, MBA ’03 Director of Marketing and Communications Managing Editor ELIZABETH KELLEY GILLOGLY ’93 Editor MICHELLE WATERS Web Designer AMY KREMER GOMERSALL ’88 Art in Motion Art Director, Designer SAMANTHA PRASAD Copy Editor CONTRIBUTORS Cathy Sandoval Nicole Poirot Rebeca Kinslow Santa Clara University School of Law, one of the nation’s most diverse law schools, is dedicated to educating lawyers who lead with a commitment to excellence, ethics, and social justice. Santa Clara Law offers students an academically rigorous program that includes certificates in high tech law, international law, public interest and social justice law, and privacy law, as well as numerous graduate and joint degree options. Located in the heart of Silicon Valley, Santa Clara Law is nationally distinguished for its faculty engagement, preparation for practice, and top-ranked programs in intellectual property. For more information, visit law.scu.edu.

If you have any questions or comments, please contact the Law External Relations Office by phone at 408-551-1748; email lawalumni@scu.edu or visit law.scu.edu/alumni. Or write to Law External Relations, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053.

The diverse opinions expressed in DISCERN magazine do not necessarily represent the views of the editor or the official policy of Santa Clara University. Copyright 2022 by Santa Clara University. Reproduction in whole or in part without permission is prohibited.

FROM TH E DE A N Welcome to DISCERN, Santa Clara University School of Law’s signature publication. Our vital Jesuit mission calls us all to “discern”—to desire and choose only what is most conducive to fulfilling our maximum human potential. As a law school, we wish to promote personal and communal discernment in all of our work. Through personal discernment, each of us yearns to conduct ourselves and to make important choices guided by the spirit of humility, joy, and loving kindness. Through communal discernment, we strive to decide together in an open, free, and inclusive process, how best to contribute our collective talents, tenacity, and tenderness in service of others and the greater good.

As our magazine’s title suggests, we hope that its content will inspire contemplation, deep reflection, and dialogue within our communities in pursuit of a more loving, just, and humane world. Founded on the Jesuit, Catholic faith tradition, Santa Clara Law is a transformative learning community built on shared enduring values and tremendous distinctive strengths. These attributes will be featured within the pages of DISCERN. Within each issue, we will lift up the work of our amazing students, the impactful research and teaching of our renowned faculty, the dedication of our incredible staff, and the important contributions to the profession being made by our loyal alumni.

Our features will share powerful stories of students who have overcome hardship and adversity to attend Santa Clara Law, honor generous donors whose philanthropy has often helped make these students’ stories possible, and celebrate the faculty and staff who ensure that these students are fully prepared to become our next generation of capable and conscientious leaders, lawyers, and judges.

Edited by our Law School’s External Relations team, with input from a wide range of writers and contributors, DISCERN will reflect the rich and diverse lives, careers, and lived experiences of all members of the greater law school community and the legal profession. This publication aspires to serve as a source of Santa Clara Law School pride and intellectual nourishment. We welcome your ideas for future issues and invite feedback on our content.

Thank you for the humbling honor of serving as dean of this extraordinary law school.

With warm regards and tremendous gratitude,

Cover photo by Keith Sutter

AIM 5/22 3,000

MICHAEL J. KAUFMAN Dean & Professor of Law

CON TEN TS 8 Leading with Kindness & Empathy

K E I T H SU T T E R

Meet Santa Clara Law’s New Dean— Michael J. Kaufman

12 ST U DE N T P E R SP E C T I V E S

Serendipity 1L of a Time

BY NICOLE POIROT 1L

BY REBECA KINSLOW 1L

14 Closing the Second Chance Gap

BY ELIZABETH KELLEY GILLOGLY ’93 Founded by Santa Clara Law Professor Colleen Chien, the Paper Prisons Initiative is a groundbreaking program to help those with a history in the criminal justice system.

18 Diversity, Equity, and Inclusion: Progress and Promise

BY ELIZABETH KELLEY GILLOGLY ’93 While Santa Clara Law is among the nation’s most diverse law schools, its leaders recognize the need to keep striving to be diverse, inclusive, and equitable for all.

DE PA RT ME N T S

KE IT H SU T TE R

BRIEFS

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CLASS ACTION

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CLOSING ARGUMENTS

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To view the digital edition of the magazine, visit law.scu.edu/discern-magazine.

BR IE F S N E W S F R O M S A N TA C L A R A L AW

A D A M HAYS

100% Employment for Inaugural Tech Edge J.D. Graduates

Santa Clara Law Hosts Swearing-In Ceremony Last December, in the Mission Santa Clara, Santa Clara Law and the Santa Clara Bar Association hosted a swearingin ceremony for the newest members of the California Bar. In front of a beautiful holiday display of green trees with sparkling white lights, Dean Michael Kaufman greeted those assembled at what was his first swearingin ceremony as dean. “This truly is an occasion for reflection, for joy, and for gratitude,” said Dean Kaufman. “You have overcome tremendous challenges and shown great strength of character and perseverance,” he said. Dean Kaufman invited those gathered to reflect on the circle of people who supported them and encouraged them on their way to this goal. “Our nation, my friends, needs you. Our world needs you…You have been called to build the future of justice, and we have an abiding faith that all of you will answer that call in diverse and powerful ways,” said Kaufman.

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“Our nation, my friends, needs you. Our world needs you... You have been called to build the future of justice, and we have an abiding faith that you all will answer that call in diverse and powerful ways.”

— S A NT A CLA R A LA W DE A N M I CH A E L J . KA U F M A N

The Honorable Theodore C. Zayner, presiding judge of the Superior Court of Santa Clara County in California since 2009, swore those assembled into the California Bar; and the Honorable Edward J. Davila, district judge for the Northern District of California, swore the group into federal court. Other speakers at the event included Susana Inda, president, Santa Clara County Bar Association; and Adam Juratovac, chair, Barristers, Santa Clara County Bar Association.

All of the inaugural Tech Edge J.D. certificate-earners received employment offers before they hit 10-months postgraduation.

The Tech Edge, which accepted its first cohort of students in the Fall of 2018, is Santa Clara Law’s innovative experiential J.D. certificate program. While many J.D. certificate programs focus on doctrinal knowledge acquisition through coursework, the Tech Edge is based upon the acquisition of skills through experiential learning. The Tech Edge students, all of whom have a demonstrated desire to work in technology law, start their 1L year with a customized professional development plan in accordance with their career interests. Each student is assigned a team of two Silicon Valley attorney mentors and one faculty or staff advisor who guide the student through their professional development. While in law school, Tech Edge students complete at least 450 hours of work experience through clinical and externship or internship placements. To successfully fulfill the certificate requirements, students must complete six skill milestones which can be obtained through courses, extracurricular activities, clinics, or work experience.

Sound like a lot of work? It is, but the intent is that the extra work will pay off— namely, that employers will recognize these graduates have acquired essential skills and competencies to succeed in a technology law job.

For the inaugural graduating class of 2021, it appears that the extra work has indeed paid off.

BRI EFS | HONOR S

The 2022 Katharine & George Alexander Law Prize was awarded to Julia Olson, founder, executive director, and chief legal counsel of Our Children’s Trust, a non-profit public interest law firm that provides strategic, campaignbased legal services to youth from diverse backgrounds to secure their legal rights to a safe climate system. Our Children’s Trust is the only legal organization dedicated exclusively to representing young people in lawsuits against their governments to protect their fundamental human rights from the dangers of fossil fuel energy policy and resulting climate disruption.

Olson graduated from UC Hastings College of the Law in 1997, and shortly thereafter founded her own law practice in the San Francisco Bay Area to litigate public interest environmental cases on behalf of grassroots conservation organizations in the Western US. She founded Our Children’s Trust in 2010 when, as a new mother, she realized the shortcomings of environmental statutory law in redressing the greatest threat to her children, and children everywhere—the climate crisis. She is lead counsel in Juliana v. United States,

the groundbreaking constitutional climate change case brought by 21 youth against the U.S. government for violating their Fifth Amendment rights to life, liberty, property, public trust resources, and equal protection of the law. Olson and Our Children’s Trust are recipients of the Rose-Walters Prize for Global Environmental Activism.

She received the Kerry Rydberg Award for Environmental Activism in 2017, is a member of Rachel’s Network Circle of Advisors, and was named as one of Bloomberg’s “Green 30 for 2020.”

First presented in March 2008, the annual Katharine & George Alexander Law Prize was created by Katharine and George Alexander to bring recognition to legal advocates who have used their legal careers to help alleviate injustice and inequity. Katharine Alexander (1934-2019) practiced law for 25 years as a public defender for Santa Clara County and taught law courses for several years at San Jose State University.

George Alexander (1931-2013) served as a professor at Santa Clara University School of Law for 34 years and as dean of the Law School for 15 years. Both Katharine and George dedicated their

AT HE NA D E L E NE

Julia Olson of Our Children’s Trust Awarded 2022 Alexander Law Prize

lives to instilling in students and lawyers a commitment to justice.

“We are immensely grateful to the Alexander Family for recognizing the extraordinary efforts of lawyers using their legal careers in service of others,” says Deborah Moss-West, co-chair of the Alexander Prize Committee and executive director of the Katharine & George Alexander Community Law Center. “Julia Olson and her environmental justice work are indeed worthy of high praise.”

Dean Michael J. Kaufman Receives Double Honors In October, Dean Michael Kaufman received dual honors from Loyola University Chicago (LUC), where he served for 35 years, including five years as dean. The LUC Alumni Board of Governors awarded Kaufman the Medal of Excellence in recognition of his distinguished service to the legal profession and for his loyalty and service to LUC’s School of Law. The following day, Kaufman was inducted into Alpha Sigma Nu, the honor society of Jesuit colleges and universities, after being nominated by LUC’s president and administration.

“These honors are a testament to Michael’s dedication to Jesuit education and authentic embrace of the enduring values in the Jesuit Catholic tradition. We are fortunate to have his passion, devotion, and leadership now guiding Santa Clara Law.”

— LI S A A .KLOPPEN B ER G Acting President of Santa Clara University and former Dean of Santa Clara Law

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P HOTO C OU R T E SY OF NOR T HE R N C A LIFOR NIA INNOC E NC E P R OJ E C T

BR IE F S | HONORS

“DNA opened a window into the justice system, exposed its flaws, and made meaningful law reform finally possible,” says NCIP co-founder Cookie Ridolfi. “Before DNA, the American public had no real sense of the unfairness in our justice system.”

The Northern California Innocence Project 20th Anniversary Celebration gathered staff, volunteers, and exonerees to acknowledge this milestone.

Northern California Innocence Project Celebrates 20 Years The Northern California Innocence Project (NCIP), a non-profit founded at Santa Clara Law in 2001, is committed to exonerating the innocent, educating future attorneys, and reforming criminal justice policy. Through two decades of dedicated work by the attorneys, staff, and Santa Clara Law students, NCIP has helped to exonerate 35 wrongly convicted California inmates, who had spent a combined 525 years in prison.

“When they took my case, it was like a Hail Mary in football,” recalls Obie Anthony III, whose 1995 conviction and life sentence for murder and attempted burglary were overturned in 2011. In December, Anthony was among a group of fellow exonerees who shared their stories and their thanks at NCIP’s 20thanniversary celebration.

NCIP’s founding attorneys Kathleen “Cookie” Ridolfi and Linda Starr, along with their dedicated staff and many supporters, could not be prouder.

“When we started, we were nobody,” recalls Starr. “We would go into court somewhere in the state and we’d say, ‘We’re from the Northern California Innocence Project,’ and they’d be like, ‘Who are you?’”

4 DISCERN | SPRING 2022

Based on their years of experience, the duo knew the potential of DNA evidence to reverse wrongful convictions and lead to necessary law reform. “DNA opened a window into the justice system, exposed its flaws, and made meaningful law reform finally possible,” says Ridolfi.

“Before DNA, the American public had no real sense of the unfairness in our justice system.”

In fact, most of NCIP’s cases are not DNA-based; only a half dozen or so of the 35 exonerees’ cases have been linked to DNA. Cognitive bias, a subconscious error to discount evidence that contradicts a theory, is another recurring issue in many cases.

Ridolfi calls it “a culture of conviction,” and in 2010 she coauthored a 128-page NCIP study on prosecutorial misconduct in California between 1997 to 2009, which included recommendations for attorney, court, and state bar-related reforms. “While some of the guidelines have been adopted,” she says, “many have not.”

Yet NCIP—which receives more than 1,500 letters each year from inmates and family members about new or existing cases—has made huge strides

in helping to change California law for the prisoners and exonerees with whom they work.

Looking back, Ridolfi and Starr credit NCIP’s success to the tireless and creative staff, the assistance of pro bono attorneys, and the vital funding that keeps the Project’s doors open.

“It’s really an all-hands effort,” says Starr, who, with Ridolfi, understood from day one that NCIP’s work had to be “exceptional, substantiated every which way, and persuasively argued and edited, or it wouldn’t even be considered.”

Putting that kind of effort into their work not only helped them win exonerations, “it also helped develop our reputation,” says Starr.

While the pandemic has limited NCIP’s ability to visit clients and conduct investigations, the legal work continues in person, whenever possible, as well as through Zoom, phone calls, and emails.

A handful of exonerations even took place during the last two years.

“Our staff is incredible,” says Starr. “Everybody just pivoted because they recognized that we’ve got to do it differently. We can’t stop.”

BRI EFS | COM M UN I T Y

BY THE NUMBERS

92%

California State Bar passage rate for Santa Clara Law graduates more than two years out.

A D A M HAYS

INCOMING CLASS OF 2021*

Many law alumni returned to campus to enjoy the Grand Reunion Weekend festivities.

58% 23% 56% Identify as a member of a minority community

Identify as first generation

Grand Reunion Welcomes Law Alumni Back to Campus As part of Santa Clara University’s Grand Reunion Weekend, Santa Clara University School of Law welcomed more than 100 alumni, along with family and friends, back to campus for a Friday evening reception on Panetta Plaza in front of Charney Hall. With the entire Mission Campus aglow for reunion celebrations, Santa Clara Law reconnected with alumni from all class years, celebrating especially those in a reunion year ending in 0, 1, 5, and 6. “It was a festive evening and a wonderful opportunity to reunite classmates, colleagues, and contemporaries after over a year of social distancing,” says Steve O’Brien ’98, senior assistant dean for external relations. “It also presented alumni with a great opportunity to meet the new Dean of the School of Law, Michael Kaufman,” he added.

During the event, the Law School recognized the newest inductees to the Ruffo Society, commemorating their 50th reunion and five decades of involvement as Santa Clara Law alumni. Graduates Thomas Schneck J.D. ’71 and Ben Reese J.D. ’71 represented an incoming Ruffo Society class of 26 strong. Each of their life stories and experiences are testaments to the lifelong relationships so commonly forged at Santa Clara Law.

“We were extremely pleased to be able to finally welcome law alumni back to campus, and we were thrilled with how many alumni came to celebrate.”

—STEVE O’BRIEN ’98 Senior Assistant Dean for External Relations

Identify as Women

*Numbers as of 8/16/21

Santa Clara Law’s grade for its law study abroad program as ranked by PreLaw Magazine in 2021, one of only 10 law schools in the nation to earn this grade.

4th

#4

Santa Clara Law’s intellectual property program ranking among U.S. law schools, according to the 2021 U.S. News.

Best schools for legal technology PreLaw Magazine Winter 2021

TOP

Santa Clara Law was the first law school in the nation to offer a Privacy Law Certificate.

5%

In 2019, the International Association of Privacy Professionals (IAPP) ranked Santa Clara Law’s privacy law program in the top 5% nationally.

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BR IE F S | COM M U NITY

“We received an excellent legal education at Santa Clara Law infused with core human values,” says Katayoun “Katy” Gronowski J.D./MBA ’87. “The Law School awarded me a full scholarship even though I was a recent immigrant to this country. It was time to pay back this enormous act of kindness, generosity, and humanity,” she adds.

Katy and her husband and fellow Santa Clara Law alumnus, Stephen Gronowski J.D. ’86, chose to pay back this act of kindness in the form of a generous gift, which has enabled Santa Clara Law to create the Gronowski Family Law Endowed Scholarship, an endowed scholarship to support law students of Middle Eastern descent.

This is the first-ever scholarship for law students of Middle Eastern descent at Santa Clara Law, and among the first of its kind at a US law school.

“The cost of a legal education is staggering nowadays,” says Katy. “We want to be able to help young people on

their career path at a time when they need help the most.”

The Gronowski’s both practice law in Walnut Creek, where Stephen specializes in transactional real estate and Katy is a certified specialist From left: Katy J.D./MBA ’87, Stephen J.D. ’86, and Caitlin Gronowski, in family law. Katy Dean Michael Kaufman, Senior Assistant Dean Steve O’Brien ’98. has also taught law school courses in family law and community property. to the Gronowski family for making The Gronowski’s have deep ties to this generous leadership gift that will SCU, in addition to earning their degrees create more opportunities for students of from Santa Clara Law. Both of their Middle Eastern descent to attend Santa children are Broncos as well—Madeline Clara Law,” says Steve O’Brien ’98, graduated from SCU in 2021, and Caitlin senior assistant dean for external relations. is a member of the SCU class of 2025.

“Scholarships are critical to the success Endowed scholarships such as the of our students and our school because Gronowski Scholarship are a central they enable us to attract and retain top focus of the Law School during Santa students while simultaneously building Clara University’s Innovating with a a student body that is reflective of the Mission Campaign. “We are so grateful communities our graduates serve.”

Longtime local legal practitioner and San Jose resident Gary Giannini J.D. ’64 and his wife, Sue, recently established the Gary V. and Susan M. Giannini Law Scholarship Fund to improve access and affordability to Santa Clara Law for students from Catholic colleges and universities.

Raised in San Jose and a graduate of Bellarmine College Preparatory, Gary says his upbringing and exposure to Jesuit education had a profound impact on him and created a desire in him to help others. Although his family was of modest means, his parents were incredibly active volunteers at his grammar school, high school, parish, and in their local community. “They instilled in me the importance of giving back to one’s community, and so, too, did my Jesuit and lay teachers at Bellarmine and Santa Clara Law,” says Gary.

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C OU RTE SY OF GA R Y A ND S UE GIA NNI NI

Inspired by a Friend: Giving the Gift of Education

Gary J.D. ’64 and Sue Giannini

A few years earlier, Gary’s lifelong friend, Bob Peters ’61 (1940-2020) established a scholarship for undergraduates at Santa Clara University, and this inspired the Giannini’s to establish something similar at the Law School.

“We are now in a place in our lives where we can help others in the same way we were helped with our own education,” says Sue. “The Santa Clara community and the Law School, in particular, have provided us with so much, from Gary’s career to

many of our friends. It truly is a family,” she added.

Dean Michael Kaufman says he was moved by their gift, especially since affordability and accessibility are two critical areas where Santa Clara Law seeks to lead in the competitive legal education landscape. “Our Jesuit, Catholic mission calls us to serve others, and the Giannini’s are living our mission by making this impactful gift,” says Kaufman.

“The impact of the Giannini’s gift goes well beyond the financial support it will provide to future law students,” adds Steve O’Brien ’98, senior assistant dean for external relations. “By making this gift and remaining so connected to the Law School, the Giannini’s are offering a powerful example that will inspire others to give, and they are demonstrating just how rewarding a lifelong relationship with Santa Clara can be.”

A SH FA R R INGTON

Paying Back an Act of Kindness

BRI EFS | COM M UN I T Y

At the annual Day of Giving on April 6, donors to Santa Clara University School of Law raised more than $500,000 in support of the new Lisa A. Kloppenberg and Mark R. Zunich Endowed Law Scholarship Fund. Donors also contributed more than $100,000 on this one day in support of other key Law School programs—for a record Santa Clara Law Day of Giving total of more than $600,000 given by almost 300 donors.

On the Panetta Plaza in front of Charney Hall, during a special Day of Giving reception, Dean Michael Kaufman announced that, thanks to the generosity of the nearly 200 donors as of 2 pm, the endowed scholarship challenge was unlocked.

During the afternoon event, Andy Kryder ’74, J.D./MBA ’77, chair of the Law Advisory Board, and Judge Risë Jones Pichon ’73, J.D. ’76, chair of the SCU Board of Regents, informed Acting President Kloppenberg that supporters from these two groups had already contributed more than $325,000 to the new endowed scholarship, including a match of $150,000 by alumna and Oracle general counsel Dorian Daley J.D. ’86, and her husband, Michael Krautkramer. By midnight on April 6, the total raised toward the scholarship exceeded $500,000.

A tearful Acting President Kloppenberg was visibly surprised and grateful on hearing the news. “An endowment is a permanent source of funds—it will always be here to support students who are in financial need,” said Kloppenberg, who shared that both her own mother and her husband’s mother lacked the ability to access higher education. “Law school is hard enough. If we can make the burden a little bit easier for them, all the better.”

A DA M HAYS

Santa Clara Law Breaks Day of Giving Fundraising Records with New Endowed Scholarship

From left: Andy Kryder ’74, J.D./MBA ’77; Michael Krautkramer and his wife, Dorian Daley J.D. ’86; SCU Acting President Lisa Kloppenberg and her husband, Mark Zunich; Judge Risë Jones Pichon ’73, J.D. ’76; Michael Kaufman; and Steve O’Brien ’98.

“We are inspired by Lisa and Mark’s leadership and generosity in creating a new endowed scholarship for the Law School,” said Kaufman. “Their contribution, along with those from our Law Advisory Board, the University’s Board of Regents, law alumni, and other friends of Santa Clara Law, will make it possible for us to make legal education and our profession accessible to students from all walks of life for generations to come.”

To learn more about supporting scholarship opportunities at Santa Clara Law, contact Ash Farrington, director of development, (408) 554-5496, afarrington@scu.edu.

Santa Clara Law Welcomes Outstanding New Faculty Members The Santa Clara Law Community will be joined by four new faculty members starting this fall. Sean Bland is currently a senior associate with the Infectious Disease Initiative at the O’Neill Institute at Georgetown University, where he focuses on health policy, implementation, and equity. He earned his J.D. from Georgetown. Taylor Dalton is completing a doctorate in political science and international relations at the University of Southern California. He earned his J.D. and LL.M. in international and comparative law from Cornell University.

His research interests include the legal issues surrounding international political economy and security. Fiona McKenna comes to us from Golden Gate University Law, where she directed the Legal Writing and Research program and served as associate professor of law. An expert in complex litigation, advocacy, and professional responsibility, Professor McKenna graduated from American University, Washington College of Law. Melody Sequoia will join the law school’s faculty to teach

legal research, analysis, and writing, among other courses. An acclaimed teacher, Professor Sequoia began her legal career as a trial lawyer focusing on complex litigation. She graduated from Chicago-Kent College of Law. In Fall 2020, Santa Clara Law also welcomed beloved professors, Mary Procaccio-Flowers, Sue Guan, and Nick Serafin to the Law School’s faculty.

“The School of Law has long been blessed to have a renowned faculty of diverse and dedicated educators and impactful scholars,” says Dean Michael Kaufman. “We are thrilled to have these incredible new teachers and scholars join our community.”

“We are thrilled to welcome our new colleagues,” said Michelle Oberman, Katharine and George Alexander Professor of Law. “Each of them brings a passionate commitment to excellence in teaching, scholarship, and service to our students, our institution, and our community at large.”

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“Michael is a brilliant and warm leader for Santa Clara Law,” says Acting SCU President Lisa Kloppenberg (right), who served as dean of Santa Clara Law from 2013-20. “He is steeped in our Jesuit traditions and puts academic excellence, care for the whole person, and building a more just, humane, and sustainable world at the forefront of his work.”

LEADING WITH

KINDNESS

& EMPATHY Meet Santa Clara Law’s New Dean—Michael J. Kaufman

K E ITH SU TT E R

BY ELIZABETH KELLEY GILLOGLY ’93

“My mantra is: There’s no learning without love,” says Santa Clara Law’s new dean, Michael J. Kaufman, a nationally renowned educator, scholar, and expert on civil procedure and education law. Kaufman joined Santa Clara Law in July after serving for 35 years at Loyola University Chicago School of Law, including 11 years as associate dean for academic affairs, and five years as dean, as well as other key roles such as Loyola University Chicago’s acting provost and chief academic officer.

Kaufman is an award-winning teacher, public servant, beloved teacher, and distinguished scholar, who has published more than 30 books and numerous law review articles in three key areas: education law, equity, policy, and pedagogy; securities regulation and litigation; and civil procedure and dispute resolution. He also teaches courses and workshops on the application of design thinking to complex legal issues and organizational growth. Kaufman graduated from Kenyon College magna cum laude and earned his J.D. from the University of Michigan Law School, where he won the Law School’s American Judicature Society Award.

After law school, Kaufman clerked for

the Honorable Nathanial R. Jones of the United States Court of Appeals for the Sixth Circuit, and then he practiced securities and civil rights litigation in one of the world’s largest law firms.

“When I think of Michael Kaufman, five words come to mind: energy, enthusiasm, encouragement, empathy, and excellence,” says Barry Sullivan, Cooney & Conway Chair in Advocacy and George Anastaplo Professor of Constitutional Law and History, Loyola Chicago School of Law. “As dean [at Loyola], he has truly led by example— both epitomizing and encouraging excellence in faculty scholarship and teaching, while also improving the student experience and calling us all to do our part in building a more just and equitable law school, university, profession, and society.”

At Santa Clara Law, Kaufman succeeded Anna Han, who had served as interim dean of the School of Law since March 2019.

“I am overjoyed and honored to join the Santa Clara University community,” says Kaufman. “The School of Law is a transformative learning community with tremendous distinctive strengths. I feel blessed to have the

opportunity to work together with the entire Santa Clara community to build on those strengths, to harmonize the Law School’s core social justice mission with its signature high tech programs, to achieve our shared vision of educational excellence, and to shape the future of the practice of law and the future of justice. Together, we can grow a law school community that embodies our vital Jesuit, Catholic mission and promotes student access, formation, and success.”

A VISION FOR SANTA CLARA LAW’S FUTURE In his first several months, Kaufman has already impressed the Santa Clara Law community with his leadership and his kindness. “From his first day, Michael has brought an infectiously positive attitude to our community,” says Bradley Joondeph, Jerry A. Kasner Professor of Law and former dean of academic affairs from 2013-18. “The first thing you notice is his care for others: his empathy, his compassion, his ability to listen. He is exceptionally qualified as a scholar and academic administrator, to be sure, but his warmth as a person is truly remarkable.”

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“Michael is a brilliant and warm leader for Santa Clara Law,” says Acting SCU President Lisa Kloppenberg, who served as dean of Santa Clara Law from 2013-20. “He is steeped in our Jesuit traditions and puts academic excellence, care for the whole person, and building a more just, humane, and sustainable world at the forefront of his work. We are blessed to have him on our leadership team at Santa Clara University.”

One key focus for Kaufman as he begins his tenure as dean of Santa Clara Law is creating a long-range strategic plan. “The first step in building a shared vision of educational excellence is to identify, articulate, and make visible Santa Clara Law’s distinctive strengths,” says Dean Kaufman (See sidebar, page 11). “If we are true to who we are, if we can build on our distinctive strengths,

we can make more visible to the world outside Santa Clara that we offer a truly unique, valuable law school experience for our students and for our surrounding community,” he says. “I think there’s a real public service aspect to elevating our profile. We are doing great work…

The more that we can spread that word and make sure everyone knows that, the more valued that work becomes for the communities we serve, and that will help direct more resources to the communities that we serve as well.”

KAUFMAN IN THE CLASSROOM Beyond his work as leader and administrator, Kaufman is a dedicated and award-winning educator, and he lights up when he talks about his work with students. “I have the absolute joy and

K E IT H SU TT E R

“The best part of my week is when I’m in the classroom with my students,” says Dean Michael J. Kaufman, who teaches Civil Procedure for first-year students. “And when a student has this moment of a-ha, when I can see the light go on in their eyes, I get goosebumps. It makes my life worth living.”

Dean Kaufman talks with students in Charney Hall.

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pleasure of teaching the first-year required course in Civil Procedure,” he says. “The best part of my week is when I’m in the classroom with my students. My class is a very interactive, engaging, and hopeful experience for our students, where they’re comfortable taking risks and it’s okay to be wrong. There’s a lot of laughter and joy in the class. And when a student has this moment of a-ha, when I can see the light go on in their eyes, I get goosebumps. It makes my life worth living.”

“My mantra is: There’s no learning without love,” he adds. “In the classroom, I see my students learn to love each other while they also learn to love the law, learn to love a cause, learn to love a case they read about, and learn to love the community that they’re going to serve.”

In his role as teacher and administrator, Kaufman highlights the importance of interpersonal relationships for all members of the law school community. “The education here at Santa Clara University School of Law is relational,” he says. “We have built an ethic of relations, which are in turn built on an ethic of love and kindness. I don’t mean to tout relationships or love and kindness in some kind of a pablum way or Hallmark-greeting-card kind of way. Instead, I believe it means that we care deeply about fostering relationships: that we build relationships with our students and each other, not just for visibility’s sake, but because that’s the way in which we actually learn. That’s the way in which we impact lives around us for our research. That’s the way in which we actually advance the global Jesuit mission.”

For Kaufman, empathy is an essential component of his own humanity as well as his leadership and lawyering. “In my own life, I try to believe in what I would call perspective-taking as the key to being a really good human being and a really good lawyer,” he says. “The idea is that a person takes a big cognitive leap and tries very hard to put themselves in someone else’s shoes, to see the world through their perspective. That’s vital to being a good human, but also actually quintessential to lawyering, because the best lawyers, in my experience, are those who can see the world from their client’s point of view,

from the judge’s point of view, and most importantly, from the adversary’s point of view,” he explains.

HIS LOYOLA LEGACY In his 35 years at Loyola, including five successful years as dean, Kaufman demonstrated a proven track record of powerful leadership built on kindness, strategic partnerships, and innovative programs. “Too often in life, success is associated with hard-charging, abrasive individuals,” says Christian Mitchell, Loyola Chicago School of Law class of 2019, and deputy governor of Illinois.

“During his time running Loyola Law, bar passage rates increased, academic prestige improved, and the school’s prominence increased, all while Dean Kaufman remained the kind and wonderful man that he is.”

During his tenure as dean, Kaufman helped strengthen several critical areas, including the diversity of students, faculty, and the administrative team; bar exam passage rates; employment outcomes; student academic credentials; academic reputation; and national rankings. In addition, he expanded access to educational opportunities for students and developed a law school curriculum around experiential learning, relationshipbuilding skills, professional-identity formation, implicit-bias prevention, and perspectives on law and justice. Kaufman also developed Loyola Chicago Law School’s innovative and popular hybrid Weekend J.D. program.

Dean Kaufman built relationships with many external partners, including alumni, law firms, legal services organizations, bar associations, philanthropic organizations, entrepreneurs, and local businesses. He led fundraising initiatives resulting in greater financial support for incoming and continuing students, the exponential growth of endowed chairs and named professorships, the expansion of law school clinics, and the establishment of high-impact law school programs such as the Rodin Center for Social Justice, the Rule of Law Institute, the Health Justice Project, and the Institute for Investor Protection.

His research in education law, policy, equity, and pedagogy inspired

him to found Loyola’s Education Law and Policy Institute, which conducts research, conferences, comprehensive academic programs, direct representation, and advocacy, dedicated to enhancing educational access and equity. The Institute developed particular expertise and experience in special education, school discipline reform, early childhood education, and anti-bullying.

“Dean Kaufman imparted his belief that the study of law was a noble calling that empowered students to become agents of change for the common and collective good of society,” says Jacqueline Collins, Loyola Chicago School of Law class of 2020, state senator for Illinois.

“He gifted both his students and his faculty with a profound sense of purpose.”

SETTLING IN AT SANTA CLARA LAW In his first year, Dean Kaufman has shown himself to be an inspiring leader for the Santa Clara Law community— successfully guiding the school through the latest stages of the pandemic while leading the planning for the future. “I was impressed when I interviewed Michael by his innovative mindset, grounded in design thinking principles, starting with extreme empathy. In his first year as dean, he has embodied those principles by engaging in meaningful conversations with faculty and staff to identify challenges and opportunities for growth,” says Laura Lee Norris J.D. ’97, associate clinical professor; director, Entrepreneurs’ Law Clinic and Tech Edge J.D. Program; and co-director, High Tech Law Institute at Santa Clara Law. “I look forward to working with him in developing and implementing a strategic plan to ensure Santa Clara Law’s future success.”

To learn more about Dean Michael Kaufman, including links to his writing and video series, visit law.scu.edu/dean.

Santa Clara Law’s Distinctive Strengths Dean Kaufman has worked to identify Santa Clara Law’s distinctive strengths, and these are also a key part of his strategic plan, Building the Future of Justice, which he will share in more detail in the coming months.

Vital Jesuit, Catholic mission, under the guidance of the Universal Apostolic Preferences, which inspires ethical leadership and service to others Caring, diverse, and inclusive student-centered community Renowned faculty scholars and teachers, and dedicated staff educators Transdisciplinary centers, clinics, and programs devoted to solving complex problems for clients and communities, including in the field of intellectual property, high tech, social justice, and international relations Leadership in educational innovation, state-of-the-art facilities, next practices, assessment, curriculum, pedagogies, practice-ready competencies, and experiential learning opportunities Partnerships with loyal, engaged, and professionally accomplished alumni across practice areas throughout Silicon Valley, one of the most robust economic markets in the world Presence within a beautiful and renowned University, and relationships with the global Jesuit community

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STUDE NT P E RS P E CTIVE S | STOR IE S FROM 1 LS

Serendipity B Y N I C O L E P O I RO T, 1 L

12 DISCERN | SPRING 2022

Is it considered serendipity if you’ve spent years succeeding and failing and learning, over and over again, to get yourself to a certain point? My journey to Santa Clara Law wasn’t an easy one. Like most of my peers, I spent my undergraduate career pivoting from one dream to another until I finally realized that law school was the next step. A lot of what I thought to be “mere coincidence” was really the result of hard work combined with fitting in with the culture of Santa Clara.

Poet Katori Hall wrote: “serendipity always rewards the prepared,” and this describes my experience at Santa Clara perfectly. Everything—hard work, exceptional professors, dedicated administrators—has been a beautiful series of serendipitous moments, and I’m hopeful for more in the future.

Eventually, after I experienced many “serendipitous” moments throughout the semester, I’ve come to realize these might not be “occurring by chance,” but perhaps because Santa Clara is exactly where I am supposed to be.

K YLE CA LZ IA

Serendipity. According to the Oxford English Dictionary, it means “the occurrence and development of events by chance in a happy or beneficial way.” I rarely used the word before moving to Santa Clara, but within the first few weeks of starting law school, I found it creeping into my vocabulary more and more.

How serendipitous was it that the very first person I met after moving in was not only in my section, ensuring that we have the majority of our 1L classes together, but we also both happen to be vegetarian, have a love for musical theater, and live directly across from each other. I met her the day before orientation, and by the end of the week, we each met at least a dozen other people and had a get together planned for the night before the first day of class.

I spent a large portion of my undergraduate career struggling to find a community, and feeling like an outsider. I majored in electrical engineering, but never felt like I saw myself pursuing a career in engineering, and thus spent a lot of time stressed about my future. As I entered law school, one of my biggest fears was going through all of that again.

But as I sat among my new friends during our pre-first day of school gathering, participating in traditional get-to-knowyou conversations, I thought about how this experience already drastically contrasted that of my undergrad. Classes hadn’t started yet and I already felt like I belonged to a community of people who would push each other to persevere through what is known as the toughest, most mentally draining semester of law school.

Wasn’t it serendipitous that I happened to meet such great people during orientation?

The rest of the semester, I found myself thinking about serendipity quite often. The moments in class when I thought I wasn’t as prepared as I should have been but still got a nod of approval from my professor after properly defining the holding of a case. The day I met with my faculty mentor for the Tech Edge J.D. program and we instantly bonded over our background in engineering and our interests in weightlifting and singing.

Studying for finals in the clinic suite and being invited by the director of the Northern California Innocence Project to join in celebrating the recent release of four men who were in prison for years after being wrongfully convicted. I attributed instances like these to chance and being in the “right place at the right time.”

Eventually, after I experienced many “serendipitous” moments throughout the semester, I’ve come to realize these might not be “occurring by chance,” but perhaps because Santa Clara is exactly where I am supposed to be.

1L of a Time I began my journey at Santa Clara University in 2016, unloading boxes into what would become my beloved Swig dorm room. The next four years were characterized by incredible friendships, insightful professors, and immersive internships. I graduated summa cum laude with a double major in political science and communication. When Santa Clara Law offered me a place in the incoming 2024 class, it was easy to turn down offers from other universities, as I knew Santa Clara Law was the only place I wanted to be.

I would be lying if I said I didn’t think having a Bronco background would give me an insider’s advantage at Santa Clara Law; after all, I had already spent time in Charney as an office assistant and was co-president of the Pre-Law Fraternity. But the unimaginable happened: I went to the wrong classroom on the first day of classes! Realizing my mistake with just a minute to spare, I frantically found the right room, sat down, and tried to calm my nerves. Seconds later Professor Streseman was calling on me to answer the very first question of the semester: “What is the meaning of Civil Procedure?” I stumbled over what I’m sure was a painfully awkward answer. And truth be told, there were many points in my first semester where I felt like I was breathlessly trying to sprint an entire marathon. However, as I take a moment to reflect, I see three things that empowered me and helped me gain my stride. #1: FINDING LIKE-MINDED PEOPLE Getting involved in student organizations has been the greatest way to find my people at Santa Clara Law. Early on in the semester, I joined the Latinx Law Student Association (LLSA), Immigration Law Society (ILS), and Women in Law. I became the 1L representative for both LLSA and ILS. Through ILS, I helped host an on-campus attorney panel and made personal connections with several visiting attorneys. With LLSA I signed up for a student-mentor, and was paired with Gilbert Benavidez J.D. ’22. Since our first lunch together, he has been my go-to for resources, advice, and encouragement. His guidance has been pivotal for me, and absolutely the type of mentorship that I hope to give to future 1Ls. In LLSA, I knew I found “mi gente” when we all broke out singing “Las Manañitas” to celebrate a birthday in the Charney Hall atrium. Joining these societies gave me the gift of people who cheer me on, and who I can cheer on in return. #2: TAKING ADVANTAGE OF OFFICE HOURS One of the reasons I felt law school would be a good fit was because I love writing. My Legal Reading and Writing course

D O NA LD J E D LOV E C

B Y R E B E C A K I N S L OW, 1 L

challenged that love. The first memo I was assigned was on the viability of a negligence liability claim; it was a humbling experience to say the least. My professors all encouraged students to stop by their office hours, and I quickly became a regular at Professor Schunks’. Each week I walked through potential arguments and structure choices, and eventually I saw my areas for growth. I put in the extra hours so I could turn in each memo with pride, and I was reassured by the continual improvement I saw in my work.

While I’m sure future semesters will bring new challenges, I will continue to take advantage of the knowledge and expertise that Santa Clara Law professors have to offer. #3: LEANING ON MY LOVED ONES If there’s one thing law students can agree on, it’s that law school is extremely time consuming. There were many times I felt there were not enough hours in the day for all I needed to get done. But Santa Clara Law is special in that its professors genuinely want students to prioritize their well-being. I can still hear Professor Flynn calling to us as we filed out of class one day, reminding us to reach out to someone we loved that weekend.

Having support from my family felt more necessary than ever my first semester. They know I’ve always set very high expectations for myself, and as the start of finals season collided with Thanksgiving, they reminded me of how capable I was.

Finally, I have to give a shoutout to my two incredible roommates who immediately felt like family, Caley Falcocchia 2L and Madison Soltesz 1L. We live two doors down from our best friends, Spencer Gavin 2L, Kevin Lowe 2L, and Andrew San Jose J.D. ’21. Our walks around the neighborhood, spaghetti dinners, and game nights were the highlights of my first semester.

The constant comedic relief in our group chat was also very necessary.

I imagine that these next two years will go by quickly. I’m happy to look back now and say that I believe the opportunities I took advantage of and the struggles I endured in my first semester have set me up well to make the most of my time in Charney Hall.

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“Tens of millions of Americans are stuck in a paper prison, held back by deficiencies in the administration of second chances that have left them incarcerated, disenfranchised, or burdened by old convictions beyond what the law requires.”

From the abstract to “America’s Paper Prisons: The Second Chance Gap” (119 MICH. L. REV. 519, (2020)) by Santa Clara Law Professor Colleen Chien, founder of the Paper Prisons Initiative

CLOSING THE SECOND CHANCE GAP The Paper Prisons Initiative is a groundbreaking program founded by Santa Clara Law Professor Colleen Chien that helps people get relief after a history with the criminal justice system.

BY ELIZABETH KELLEY GILLOGLY ’93

A DA M H AYS

In 2015, Santa Clara Law Professor Colleen Chien met “Leticia” (not her real name). An inmate in federal prison, Leticia had served half of a 20-year sentence for being a drug mule. Chien helped Leticia apply for relief under President Obama’s Clemency Initiative and, even though Leticia met all of the requirements, her petition was one of more than 8,000 that were never reviewed. “There was simply too much bureaucracy and too little coordination,” said Chien in a 2018 speech to the American Law Institute, where she received the Early Career Scholar Medal.

“Letitia never got her second chance.”

Though Chien returned to her work as an empirical patent scholar, Leticia’s experience haunted her. “How many people that are entitled to second chance relief under the law aren’t getting it, not because of steel bars, but because of red tape?” Chien asked.

PAPER PRISONS INITIATIVE In the U.S., 80 million people—one out of every three adults—have a criminal record. Across the country, dozens of states have enacted “second chance” legislation, designed to help individuals like Leticia shorten or downgrade their past convictions, clean their criminal records, and/or regain the right to vote, while legislatures have passed laws meant to outlaw discrimination in the criminal

justice system. In theory, these laws should operate to give individuals their second chance and make the US criminal justice system more fair and just. Criminal record expungement laws, which clear old convictions and non-convicted charges, in particular, are intended to remove barriers to work and unlock opportunities for tens of millions of people. However, while new laws have expanded the bases for clearance, only a small fraction of those eligible for relief have received it.

Second chance gaps also include a number of other rules on the books, including shortening sentences and restoring the vote to persons with felony convictions.

Supported by a seed grant for high-performance computers from the BiaEcho Foundation, which is founded and directed by entrepreneur and philanthropist Nicole Shanahan J.D. ’14, and followed by later grants from the Chan Zuckerberg Initiative, New Venture Fund, and others, Chien established the Paper Prisons Initiative at Santa Clara Law in 2020 in order to research and address the “second chance gap,” which she defines as “the difference between eligibility and delivery of a person’s second chance” (see sidebar on page 16). By conducting rigorous empirical research about the size and consequences of the gap, Chien hopes to improve outcomes for individuals that are entitled to a second chance and for society in general.

The initiative is the outgrowth of Chien’s groundbreaking paper: “America’s Paper Prisons: The Second Chance Gap” (119 Michigan Law Review 519, 2020).

David Schlussel, deputy director of the Collateral Consequences Resource Center, a preeminent nonprofit that promotes public engagement on criminal records issues, was one of many that praised Chien’s work, writing that it “makes wide-ranging contributions to the field of criminal record relief, bringing to the fore the urgency and challenges of narrowing the second chance gap.”

“At least twenty to thirty million American adults, or 30 to 40 percent of those with criminal records, fall into the ‘second chance expungement gap,’ living burdened with criminal records that persist despite appearing to be partially or fully clearable under existing law,” wrote Chien in the paper.

“The Paper Prisons Initiative is about fairness but also about failing to tap into talent and human capital due to flaws in making and implementing law,” says Chien. “Despite having served their time, people with criminal records too often find themselves stuck in ‘paper prisons,’ of low economic and social opportunity.

The individual loses out but so does the broader economy as people are shut out of higher-wage, higher-skill work.” A PPI paper forthcoming in the Arizona Law Review documents the lost yearly

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solutions,” says Chien. “Our research informs legislative efforts to automate expungements at scale and bring a ‘Clean Slate’ to states across the country.”

PPI’s PROJECTS AND NATIONAL IMPACT One recent example is the work PPI did around Connecticut’s Clean Slate Bill, SB 1091. Chien and PPI advisor Adam Osmond co-authored a paper with three SCU students using data to tell the story of Connecticut’s Second Chance Pardon Gap. “The State pardoned 626 cases in the last year of available data,” the report reads.

“At this rate, it would take…425 years to clear the backlog of those eligible for relief under Clean Slate.” The PPI report, which also documented the bill’s opportunity to address the yawning racial disparities in Connecticut’s criminal justice system, was widely cited in many news articles.

Out of the reports PPI released, several have been instrumental in supporting the passage of significant laws to narrow

WHAT IS THE “SECOND CHANCE GAP”?

The “second chance gap” is the difference between eligibility and delivery of a person’s second chance. The causes are often administrative failures such as lack of awareness, complicated criteria, informational deficiencies, inconsistent application of the rules and calculation mistakes; financial barriers and obligations also contribute to the gap. Clear criteria, delivery-informed legislation and automation are all ways to close the gap. Examples of second-chance gaps include: • Prison overstays: In some instances, software bugs and other issues keep prisoners longer than required.

• Clemency not granted: Only 3% of people the US Sentencing Commission identified as eligible for relief under the Obama Clemency Initiative received relief.

• Compassionate release: Only 4% of federal compassionate release applications result in releases, due to eligibility criteria that are “unclear” and “difficult to apply.”

• Reclassification and Resentencing: 10% uptake of CA Prop 47 and 64 resentencing and reclassification.

• Felony Reinfranchisement: 0-15% restoration of voting rights to people with felony records in most states that do not automatically restore the vote • Expungement of Conviction Records: >10% uptake of convictions expungement in most studied states.

• Expungement of Non-Conviction Records: 20-30 million people have non-conviction records they could clear but not have done so.

This text originates at paperprisons.org/SecondChanceGap.html

16 DISCERN | SPRING 2022

the second chance gap, including in Connecticut, Delaware, and Colorado.

Over one million Coloradans, who collectively lose $4.5 billion in earnings per year due to records, stand to benefit from the law just passed in 2022.

PPI also works with nonprofit and industry partners to evaluate the impact of solutions to the second chance gap, including the Ethical, Pragmatic, and Intelligent Computing Laboratory at SCU, the Clean Slate Initiative, and the Collateral Consequences Resource Center, among others. Last June, PPI began a collaboration to evaluate the impact of expungements in partnership with Checkr, a company in the background check industry. For low or no cost, Checkr offers people in the “second chance gap”(people who could clear their record but haven’t) an opportunity to complete expungements and clear their criminal records. Chien and her team, together with students in Chien’s Artificial Intelligence class, are currently evaluating the impact of both having a record as well as the impact of removing a record. The Checkr initiative received coverage in Fast Company.

PPI’S DIVERSE, PASSIONATE, MULTIDISCIPLINARY TEAM To carry out the work of the PPI, Chien has assembled a stellar and diverse team of law, data science, and computer science students who build models to assess eligibility and oversee the website (paperprisons. org), including the development of automated tools.

The tech team leader is SCU computer science lecturer and Navid Shaghaghi researcher Navid Shaghaghi. “I couldn’t not get involved with this project,” says Shaghaghi. “It is very alarming that so many human beings are in lifelong paper prisons even after serving their time.”

The many SCU students on the PPI team have brought the same combination of legal and technical expertise and a passion for helping others, and they say PPI gives them the opportunity to gain valuable experience, skills, mentorship, and the satisfaction of making a difference.

J IM GE NSHE IM E R

earnings impact of a conviction as $5,100 to $6,400 per person. Collectively, “the lost earnings associated with paper prisons may approach or exceed the out of pocket costs to taxpayers of physical prisons,” the paper reads.

PPI uses algorithms and empirical analysis to measure this gap—the low share of people who actually access the relief available under the law, also known as the “uptake” rate—and how the time states would need to process the thousands of applications is completely unreasonable. Following Chien’s initial paper, the PPI team of student and faculty researchers has studied and published reports on the second chance gap expungement in states across the county, and among the 10+ state reports the initiative has released, “uptake rates of less than 10 percent are common.”

“As lawyers we are used to evaluating each case on its own merits. But addressing mass incarceration and mass criminalization requires mass, scalable

A D A M HAYS

SECOND CHANCES EMPATHY HACKATHON The Paper Prisons team, from left: Ju Park, Obie Reynolds, Ellen Kreitzberg, Colleen Chien, Max Calcoen, Jay Kanakiya.

Ju Young Park, a part-time SCU 2L and a full-time front-end engineer at Google, joined PPI in 2021 to develop a tool that helps address the “identification gap” created by the lack of identification experienced by many people leaving prison, following on a project that originated at a previous Empathy Hackathon (see sidebar). Affiliate researchers from economics and criminology are also collaborating with PPI on a number of projects. As a graduate fellow for the Paper Prisons Initiative, Evan Hastings J.D. ’19 led a team, worked with student researchers, and interfaced with state governments and local advocates. “It was gratifying to feel that our work made an impact,” says Hastings, now an IP attorney working in public service.

PPI also benefits from community advisors including Jessica Jackson J.D. ’11, a human rights attorney who serves as the chief advocacy officer for REFORM Alliance and the recipient of the 2019 Alexander Law Prize from Santa Clara Law. According to Chien, the Initiative benefits from the direct personal or familial experience with the criminal justice system of its members, including through Paper Prisons Fellowships offered to justice-impacted law students. “Those who have been directly impacted by the criminal justice system have important insight into how it works and how it is broken,” she says. “Their lived experiences and talents enrich our research.”

BROAD SUPPORT AT SCU AND BEYOND Chien and her project have received broad and enthusiastic support from within the SCU community and beyond. “The Paper Prisons Initiative led by Colleen Chien represents the highest ideals of our faculty,” says Chien’s Santa Clara Law colleague Pratheepan Gulasekaram, professor of law. “Colleen has translated her research, scholarship, and technical skills into profound, real-life effects for those struggling to reintegrate into society. This type of work is what legal scholarship should aspire to.”

In addition to support at SCU, PPI has received praise, support, and funding from numerous organizations, including the Clean Slate Initiative, a national bipartisan coalition advancing policies to automatically clear all eligible criminal records across the United States.

“Professor Chien’s work on the Paper Prisons Project has already emerged as an invaluable resource to Clean Slate campaigns across the country,” says Sheena Meade, national criminal justice reform leader and managing director of the Clean Slate Initiative. “We look forward to the final outcomes of this research and utilizing it to inform our work to ensure that a criminal record is not a lifelong barrier to a better future.”

A key project of the Paper Prisons Initiative is the Second Chances Empathy Hackathon, an annual event Colleen Chien conceived and launched with collaborators in 2019 to harness the creativity, empathy, and problem-solving skills of the SCU and Silicon Valley communities. At each day-long event, held at SCU, teams of data scientists, engineers, guest judges, mentors, and law students gather to create technology and legal solutions to support county public defender offices and nonprofit re-entry and criminal justice organizations. Projects in 2021 included creating a fillable decisiontree form for immigrants seeking to ameliorate convictions through postconviction relief, compiling reentry resources for online user-friendliness, creating machine-learning classifiers to help address racial disparities in the criminal justice system, and creating an online tool to educate users about expungement resources and how to access them. The Hackathon was one of the reasons Chien was named a “Tech Law Trailblazer” by both the National Law Journal and the California Recorder.

Learn more about the event at paperprisons.org.

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DIVERSITY, EQUITY, AND INCLUSION: PROGRESS AND PROMISE

BY ELIZABETH KELLEY GILLOGLY ’93

18 DISCERN | SPRING 2022

BEYOND DIVERSITY: STRIVING FOR EQUITY AND INCLUSION “Santa Clara Law is a leader in diversity among US law schools.

Yes, that is true, and we should be very proud about that fact. But diversity, without equity, may lead to injustice,” says Francisco Rivera Juaristi, associate clinical professor, director, International Human Rights Clinic, and chair of the Equity, Justice, and Engagement Committee (EJEC) at Santa Clara Law. “For example, we could have a very diverse group of students, staff, and faculty, but if the different groups do not integrate as a single community and learn from each other, we run the risk of falling into complacency and maintaining a ‘separate but equal’ mentality. Diversity itself cannot be the only goal. We need to strive towards equity. And we need to engage as a community to work towards justice on so many fronts: racial justice, gender equity, and creating a safe environment in which all members feel that they belong, regardless of color, race, ethnicity, religion, sexual orientation, gender identity and expression, disability, economic status, and other diverse backgrounds,” he says. “That’s why our Equity, Justice, and Engagement Committee has worked with faculty, staff, students and deans to collectively modify our institutional practices to meet our diversity, equity, and inclusion goals. This is a shared task that is central to our identity at Santa Clara.”

STUDENT ENGAGEMENT AND EVENTS “We have very engaged students, particularly from the identitybased law student organizations, who bring issues to the EJEC’s attention and who actively participate in finding ways to address our collective responses,” says Rivera Juaristi. “The Black Law Students Association, for example, has been stellar in giving the Law School a blueprint of what we need to do to become a more inclusive, equitable, just, and engaged community.” Santa

C HA SE RS OF THE L IGHT. C OM

For many years, Santa Clara University School of Law, one of the oldest law schools in California, has been ranked among the most diverse law schools in the nation. Located in the heart of Silicon Valley, one of the most diverse regions of the United States, Santa Clara Law has numerous initiatives focused on the critical goals of diversity, equity, and inclusion, including admissions pipeline programs, academic success programs, clinical opportunities, faculty scholarship, and student engagement.

“Santa Clara Law is built on enduring values, a supportive culture, and an authentic commitment to the principles of diversity, equity, inclusion, and belonging,” says Santa Clara Law Dean Michael J. Kaufman. “Rooted in the Jesuit, Catholic tradition of serving others and dedicated to forging leaders of competence, conscience, and compassion, Santa Clara Law emphasizes collaboration, encourages experiential learning, and celebrates diversity, while cultivating a student-centered law school culture that is cooperative and produces practice-ready lawyers. In addition, Santa Clara Law’s curriculum reinforces the school’s commitment to racial and social justice, and our alumni apply their legal skills in service with and for others.”

“For many years, the students, faculty, staff, administrative team, and alumni have worked hard to build a more diverse, equitable, and inclusive law school,” adds Kaufman. “The diversity of the Santa Clara Law community is one of our greatest distinctive strengths. We celebrate the progress we have made creating a more inclusive culture and a more diverse community of students, staff, and faculty, while always striving to do more. We acknowledge that our work will forever be unfinished. We aspire for our Law School to reflect the rich diversity of the Silicon Valley region in which we are located, and to contribute to the formation of a more just, humane, and sustainable world.”

“I went to law school with the sole goal of pursuing a career in social justice— hoping to someday be a civil rights attorney. I chose Santa Clara specifically because it was rated ​a top school for diversity and​it​had robust social justice and human rights course offerings. ” —AKILAH LANE J.D. ’09 STAFF ATTORNEY FOR THE AMERICAN CIVIL LIBERTIES UNION IN HELENA, MONTANA

HIGHLIGHTS OF DIVERSITY, EQUITY, AND INCLUSION EFFORTS AT SANTA CLARA LAW Santa Clara Law offers practical skills training that supports the underserved through our Center for Social Justice & Public Service, Northern California Innocence Project, Katharine & George Alexander Community Law Center, International Human Rights Clinic, and Immigration Appellate Practice Clinic.

Santa Clara Law is the Northern California partner for the Legal Education Access Pipeline (LEAP), which aims to support more underrepresented students entering law school and the legal profession.

Santa Clara Law professors, students, and staff are supporting the research and studies ordered by the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018, including submitting legislative comments, academic publications, development of independent studies, speaking engagements, and other activities.

Santa Clara Law was one of the first law schools to become a supporter of the Increasing Diversity in Innovation Diversity Pledge, a commitment by some of the world’s leading companies to working to understand and address the issue of underrepresented inventors.

In March 2021, a research team from Santa Clara Law’s High Tech Law Institute published a practical manual of best practices for increasing diversity in innovation, intended to be a valuable tool for in-house intellectual property and innovation managers.

Santa Clara Law graduates regularly affirm the presence of a supportive, student-centered culture throughout the Law School.

Santa Clara Law illustrates its commitment to the principles of diversity, equity, inclusion, and belonging through other events, scholarships, clinics, and programming.

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Clara Law student groups have organized dozens of events that have brought leading speakers to campus or online to discuss current events and find ways for Santa Clara Law to become a truly anti-racist institution, he explains. “For example, in January, law students and several faculty members, with support from EJEC, organized an inspiring event with Martin Luther King’s friend and attorney, Dr. Clarence B. Jones, where students read portions of MLK’s writings, asked questions about their meaning, and heard a wake-up call from Dr. Jones about the ‘fierce urgency of now,’” he says.

In addition, Rivera Juaristi, EJEC, and its student representatives have also helped organize several events to address issues of implicit bias in our own lives, in the Law School, in the justice system, and in the profession. EJEC has organized training sessions for students, staff, and faculty on diversity, equity, and inclusion issues, and the committee also engages with broader university-wide efforts. “‘You belong’ is one of the key messages

Santa Clara Law student groups have organized dozens of events that have brought leading speakers to campus or online to discuss current events and find ways for Santa Clara Law to become a truly anti-racist institution. on which EJEC and the Law School have been focusing this year. During 1L orientation, Professors Margalynne Armstrong, Marina Hsieh, and I spoke about the importance of belonging.

The EJEC committee members and others will continue to emphasize and focus on this ‘You belong’ message during the spring semester by sending students a survey and discussing the responses in one of our ‘First-Year Fridays’ events,” he says.

LEAP PARTNERSHIP Santa Clara Law is proud to partner with the Legal Education Access Pipeline (LEAP), which seeks to diversify the legal profession by preparing underrepresented students to become successful law school applicants, lawyers, and agents of social change. Founded by Cindy Lopez in 2020, LEAP facilitates a nine-month fellowship where prospective law school students are paired with a current law student and a practicing attorney, each of whom connect regularly with the fellow and share insights, resources, opportunities, and encouragement. Fellows also participate in workshops, skill development, and social justice programming. Bryan Hinkle, assistant dean for law enrollment management at Santa Clara Law, assisted Lopez with admissions and financial aid programming for the first cohort, and “when Cindy suggested expanding the program by creating a Northern California group hosted at Santa Clara Law, we jumped on the opportunity,” says Hinkle. The inaugural Northern California cohort has 19 fellows from underrepresented populations.

FIRST-GENERATION STUDENTS Santa Clara Law has long collected detailed diversity information on applicants, but in 2016, in an effort to be more inclusive and supportive, the admissions team added a place in the application to allow first-generation students to self-identify.

“This has allowed us to identify, early in the admissions cycle, those students who could benefit from additional programming before, during, and even after law school,” explains Hinkle.

“We are fortunate to have a community of dedicated staff and faculty who understand the need to diversify the law school and the legal profession, but who also recognize that some students, especially those who are first generation, need additional resources,” he says. “These students need to know about those resources, and they need to know that it is okay to ask questions about things they may think they should know already. Imposter syndrome is a real issue for students. However, through the work we’ve done, we have helped build an awareness of issues affecting these students, we have created valuable programming to help them, and we have built a community that supports each other.”

“Plus, our own law students have now created a student group to help support other first-generation students,” adds Hinkle. “This builds on the other student groups we have at the

School of Law that have historically supported each other and passed along traditions of mentorship from one class to the next.

These students recognize the need to perpetuate these values, and they do a fantastic job of representing the school, and advocating for themselves and future generations of law students. And prospective students feel especially welcomed by these current students, who are our best ambassadors.”

OPPORTUNITIES FOR ALUMNI “We invite our alumni to engage with our students as mentors and help make students feel that they belong at SCU,” says Rivera Juaristi. “We are also always looking for speakers who can bring light to these issues for our Law School audience.” To become a mentor, contact Professor Francisco J. Rivera Juaristi at FJRivera@scu.edu.

Scholarship support is a critical component of Santa Clara Law’s efforts to diversify the legal profession. To learn more about supporting scholarship opportunities at Santa Clara Law, contact Ash Farrington, director of development, (408) 554-5496, afarrington@scu.edu.

BY THE NUMBERS

1st

Law school in the nation to take the ABA Well-Being Pledge, establish a wellness task force, and work to integrate a comprehensive 8 Pillars of Wellness framework into our student-services work, continuing a longstanding commitment to the core Jesuit value of cura personalis or “care of the whole person.”

A-

Santa Clara Law’s grade in the Most Diverse Law Schools as ranked by PreLaw Magazine Winter 2021.

“At Santa Clara Law, we define diversity broadly by incorporating as many different interests, backgrounds, and experiences as possible,” says Lisa A. Kloppenberg, acting president, Santa Clara University.

Nearly 6 in 10 Current 1L’s identify as coming from diverse backgrounds.

Nearly 1 in 4 Current 1L’s identify as the first generation to attend college and law school.

2nd

Law.com ranking of Santa Clara Law among all US law schools for LGBTQ+ faculty diversity.

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CL A SS AC T ION S A N TA C L A R A L AW A L U M N I U P D AT E S

ALUMNI

1984 Melanie Gold joined the California Appellate Law Group in San Diego, CA, one of the nation’s leading appellate specialty law firms.

Kathryn Meier McCarthy was promoted to CEO/ president of Uplift Family Services.

Alice Busching Reynolds was appointed by Governor Gavin Newsom to serve as president of the California Public Utilities Commission (CPUC).

1994

Julie Henderson was appointed director of the California Department of Pesticide Regulation by Governor Gavin Newsom.

Deborah Moss-West received the 2021 Minority Bar Coalition Unity Award in November. These annual awards honor member bar association attorneys for being exemplary in promoting the cause of diversity in the legal profession and the community.

1990

2001

Debora Grasham (formerly Dimino) is magistrate judge for the District of Debora Grasham Idaho, the second woman to ever serve on Idaho’s federal bench.

Benjamin D. Galloway was appointed

by Governor Gavin Newsom Benjamin Galloway to serve as a judge in the Sacramento County Superior Court.

Angela Storey has joined Habbas & Associates. She has nearly 20 years of experience as a personal injury lawyer with a focus on cases that head to trial.

1987

1993 Andrew Breuner was appointed to the Eighteenth Judicial District Court of Gallatin County, Montana,

by Governor Greg Gianforte.

To see the latest news from Santa Clara Law alumni, visit law.scu.edu/news-type/alumni-news. Keep your fellow law alumni posted on what’s happening. Email your news to lawalumni@scu.edu or send to: Law Alumni Relations, Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053

22 DISCERN | SPRING 2022

2002

2009

Christine Donovan was appointed

by Governor Gavin Newsom to serve as judge Christine Donovan in the Solano County Superior Court.

Kayla K. Horacek joined Hahn & Hahn’s Family Law Practice Group in Pasadena, CA.

James Cummins was promoted to shareholder at Barulich Dugoni & Suttmann Law Group, Inc. He has led the firm’s litigation practice since 2019.

Jared A. Jefferson was appointed

by Governor Gavin Newsom Jared Jefferson to serve as a judge in the Monterey County Superior Court.

2004 Stephanie K. Sato was appointed

by Governor Gavin Newsom to serve as a Stephanie Sato judge in the Alameda County Superior Court.

2007 Alison Johnson rejoined Wilson Sonsini as a partner in Salt Lake City.

2008 Nitin Gambhir joined Hogan Lovells as partner in their Intellectual Property, Media and Technology practice.

He is based in the firm’s San Francisco and Silicon Valley offices, and joined the firm from Polsinelli.

2010 Stephanie Jamieson was appointed by Governor Gavin Newsom to serve as California’s youngest judge on the Merced County Superior Court.

Heather Kim was promoted to partner Heather Kim at Kasowitz, Benson, Torres. Hilary Mattis joined Qutalyst Partners LP as general counsel. Michael Rosati was promoted to partner at Wilson Sonsini Goodrich & Rosati.

2016

Michael Wiesner was promoted to partner at Orrick in San Francisco. All Michael Wiesner credit due to Diane Wiesner.

Ryu Fukuyama joined Kilpatrick Townsend & Stockton’s San Francisco office as an associate on the Mergers & Acquisitions, and Securities Team in the firm’s Corporate, Finance and Real Estate Department. Harmony Oswald is founder and CEO of Legalucy, a virtual prelawyer assistant.

2013 Dr. Caleb Bates was promoted to principal at Fish & Richardson. Dr. Madhuri (Mani) Roy was elected partner at Cooley LLP in the Patent Counseling and Strategy group of the firm’s Palo Alto office. Julia Minitti was promoted to partner by Wilson Sonsini Goodrich & Rosati.

C O UR T E SY O F T HE B E YE R S FA M ILY

2011

2018 Olivia Manning joined Hoge Fenton as an associate in their Privacy and Data Security Practice Group.

IN MEMORIAM Dr. Robert “Robby” B. Beyers J.D. ’00, MBA ’01 Philip S. Bianco ’55, J.D. ’60 Philip T. Bird J.D. ’75 The Hon. William “Bill” F. Brown Jr. ’55, J.D. ’60 Richard S. Carlone J.D. ’71 William P. Cummings J.D. ’76 The Hon. Anthony “Tony” De Cristoforo Jr. J.D. ’58 Donald “Don” J. De Geller J.D. ’52 Michael P. Diepenbrock J.D. ’66 Joseph W. Di Leonardo ’65, J.D. ’68 James J. Egan J.D. ’83 Eugene “Gene” E. Feltz J.D. ’51 Arthur “Art” J. Gemmell LL.M ’05 John S. Gerhardt J.D. ’63 Mark B. Hames J.D. ’73 Brian N. Lawther J.D. ’68 Rodney “Rod” L. Levin J.D. ’93 Robert A. Loeher II J.D. ’75 Robert J. Mertz J.D. ’47 Paul A. Pelosi J.D. ’73 John B. Rasche J.D. ’82 Delbert M. Siemsen J.D. ’72 Mark A. Solomon J.D. ’75 Eric K. Spangenberg J.D. ’85 The Hon. Michael G. Virga ’78, J.D. ’81 Please visit law.scu.edu/obituaries for more details.

ROBBY BEYERS A Lifetime and Legacy of Mentoring Others On April 12, 2021, the world lost a remarkable individual and Santa Clara Law lost a special alumnus.

For nearly two decades, Robby Beyers J.D. ’00, MBA ’01, who also held a B.S., M.S., and Ph.D. from Stanford University, was an advocate and active mentor for Santa Clara Law students and graduates.

Building upon his knowledge of materials science, he served as a partner at the law firm of Morgan Lewis LLP in their intellectual property practice. As a highly respected patent attorney, he authored hundreds of patents, including the “iPhone Patent” (U.S. Patent No. 7,479,949) for the iPhone’s user interface. Throughout his accomplished professional career, Beyers took an active interest in mentoring Santa Clara Law students, particularly those with science and engineering backgrounds wishing to pursue careers in patent law.

Beyers’ life was cut short by the onset and complications associated with Amyotrophic Lateral Sclerosis (ALS), but he and his family were determined to ensure that he would have a positive impact on the life of future Santa Clara Law students long after his own passing. With the goal of perpetuating the impact of his work and keeping his memory alive, Beyers’ family established the Robby Beyers Memorial Scholarship Endowment. Through their generosity and foresight, a Santa Clara Law education will become more financially accessible for future generations of law students admitted into the highly regarded Tech Edge J.D. program.

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CLOSING ARGUMENTS

Stop Criminal Thinking at PG&E to Prevent Wildfires and Protect Public Safety B Y C AT H E R I N E J . K . S A N D O VA L , P RO F E S S O R O F L AW, S A N TA C L A R A L AW

Pacific Gas & Electric Company (PG&E) is responsible for the deaths of at least 121 people since 2010. After it ignited a natural gas explosion in San Bruno, California that killed eight people, injured 58, and damaged 108 homes, PG&E was convicted of criminal violations of the Natural Gas Pipeline Safety Act and obstructing the National Transportation Safety Board’s investigation. PG&E was sentenced to pay the maximum fine and five years of federal criminal probation, which ended in January 2022. Its first probation condition forbade PG&E from committing other federal, state, or local crimes. Judge Alsup supervised PG&E’s criminal probation and lamented that “in these five years, PG&E has gone on a crime spree and will emerge from probation as a continuing menace to California.” To protect public safety and stop wildfires, PG&E’s regulators, Board of Directors, and executives must identify and stop corporate criminal thinking that drives PG&E’s dangerous conduct.

Criminal thinking often precedes the crime. An individual convicted of the felonies PG&E committed would have undergone federal Post Conviction Risk Assessment in prison and received training to identify and break criminal thinking patterns.1 Federal probation and parole recognizes eight major patterns of criminal thinking developed by psychologist Glen D. Walters: Cognitive Indolence, Mollification, Cutoff, Entitlement, Power Orientation, Sentimentality, Superoptimism, and Discontinuity.2 Criminal thinking error training was developed for individuals and has not been applied to corporations. Corporations, including those that repeatedly commit crimes, are not obligated as part of their criminal sentencing to identify and cease practices rooted in criminal thinking. That gap endangers public safety and spurs repeated corporate crimes.

As pro bono co-counsel in PG&E’s federal criminal probation proceeding on behalf of Amici PG&E ratepayers, Alex Canarra and Gene Nelson, my co-counsel Michael Aguirre, Maria Severson, and I argued that PG&E’s Board, executives, employees, and contractors should be required to undergo training to identify and stop criminal thinking patterns. The research of Santa Clara Law students and Santa Clara Law Insurance Institute volunteers Robert Murillo and Justin Seo J.D. ’21, Rosa Rico, and Kasey Kagawa J.D. ’22 greatly assisted Amici’s work. Although Judge Alsup did not modify PG&E’s probation to require such training, Amici urged PG&E’s Board of Directors and regulators to promptly implement criminal thinking error training to protect public safety.

24 DISCERN | SPRING 2022

Above, a home burning in the 2018 Camp Fire that destroyed the town of Paradise, CA. At left, a line hook failure from the Camp Fire. Photos courtesy of ABC10.

PG&E sparked at least one major wildfire during each year of its federal criminal probation. While on probation, PG&E pled guilty to 85 California state felonies including 84 counts of involuntary manslaughter for those killed in the 2018 Camp Fire that destroyed the town of Paradise. After Sonoma County brought criminal charges against PG&E for the 2019 Kincade Fire, it joined counties afflicted by the 2021 PG&E-ignited Dixie Fire in a civil settlement that included remedies not available under California criminal law. PG&E continues to face criminal charges alleging involuntary manslaughter, unlawful fire start, and environmental crimes for the 2020 Zogg Fire which killed four people.

In response to these indictments, PG&E argued that prosecutors should not “criminalize” the company’s behavior. PG&E’s plea misses the legal, moral, and safety point. There is no debate that involuntary manslaughter and recklessly causing a fire are crimes. To be convicted of involuntary manslaughter, the primary question is whether a “reasonable person” would view PG&E’s actions as reckless, creating a high risk of death or severe bodily injury. Federal or state charges for recklessly causing a fire do not require intent to set the fire. Poor vegetation management (failure to trim or remove trees dangerously close to power lines) or inadequate response to power fluctuations (such as information sharing failures or unreasonably delayed response) may be sufficient to support criminal convictions. PG&E should address

the root causes of its wildfire ignitions rather than resorting to “victimstance” that attempts to shift blame to others3 and fails to recognize criminal conduct.

PG&E is California’s largest utility and has a statutory responsibility to provide safe, reliable service at just and reasonable rates. Its 16 million customers and millions of California residents depend on PG&E to safely and reliably maintain electric and gas facilities that power modern life. PG&E’s Board of Directors and officers bear fiduciary duties of care and loyalty.

The public, PG&E’s regulators, and the company’s shareholders, directors, and officers share a common interest in transforming PG&E into an organization with a strong and effective safety culture and practice.

In 2014, when I was serving as a commissioner of the California Public Utilities Commission (CPUC), my colleagues and I imposed a $1.6 billion penalty against PG&E for causing the San Bruno natural gas explosion in violation of the California Public Utilities Code. Our decision required PG&E to invest more than $850 million at shareholder expense to improve its natural gas system’s safety. We also opened an investigation into PG&E’s safety culture, increased disclosure requirements, and adopted a risk-based decision-making system requiring utilities to align ratepayer investment proposals to risks.

To protect people and the environment, an effective safety culture prioritizes safety over competing goals. (See Nuclear Regulatory Commission, Safety Culture | NRC.gov). PG&E should be a high reliability organization whose rigorous safety culture anticipates, detects, responds to, and learns from any safety risk or failure.4 High reliability organizations recognize safety challenges are not static but require adaptation, resiliency, and safety commitment.

PG&E contends it is a different company since the San Bruno explosion. Yet PG&E clings to dangerous practices that undermine reliability and safety. These include: 1) running equipment to failure while downplaying the role of records and asset age; 2) poor inspections, recordkeeping, and analysis; 3) inappropriate adherence to standards developed for other regions, time-periods, and conditions; 4) poor information management, gathering, analysis, sharing, and disclosure, and 5) failure to learn lessons from incidents and near misses.

The 2021 Dixie Fire revealed PG&E’s risky practices.

Before the Dixie Fire, PG&E ranked that electric circuit as the 11th highest risk of 3,635 high-wildfire danger area circuits.

PG&E proffered no evidence that it shared that risk assessment with its employees who could have turned off the power with the touch of a button when the power spike was first reported.

PG&E’s failure to share information with itself set ablaze almost one million acres including federal forests, burned more than 1,000 structures including homes, and destroyed the town of Greenville, California.

CalFire determined PG&E caused the Dixie Fire when a tree fell on a line which PG&E kept energized for more than ten hours after the first trouble signals. PG&E observed this “tree was one of more than 8 million trees within strike distance to PG&E lines.” PG&E fails to recognize that its practices grew those risks. PG&E blamed climate change for increasing hazards.

Yet, PG&E bears the duty to respond to climate change, lon-

ger fire seasons, dead and diseased trees, and other service-area conditions. Utility-sparked wildfires also contribute to climate change, releasing carbon dioxide, methane, and black carbon, while emitting toxins and endangering public health and safety.

To end this dangerous cycle, PG&E must adjust its thinking, culture, and practice.

Technology and changes in forest and wildland management are important but insufficient to protect communities and the environment from PG&E’s risky practices. Fundamental safety improvement requires PG&E to stop running equipment to failure. The company must take responsibility for the dangers its outdated practices, dangerous short-cuts, and poor follow-up create.

PG&E should fight wildfire with better data. The utility must improve its knowledge management, modernize information gathering, enhance system signaling, and increase communication and information sharing. It should deploy drones and other technology to promptly identify, track, communicate, respond to, and avert danger.

PG&E could lose its utility license if its safety results and regulatory compliance fail to improve. In April 2021, the CPUC put PG&E in step one of a six-step enhanced oversight process.

PG&E’s conduct burned more than 1,000 structures in the Dixie Fire, a hazard-level that should trigger enhanced oversight and license review. The CPUC should promptly increase its oversight to improve PG&E’s recordkeeping, physical and information systems, accountability, and safety culture.

To protect public safety, the CPUC should immediately order PG&E to institute training through an independent safety monitor to identify and rectify patterns of criminal thinking and stop dangerous practices. PG&E’s Board of Directors should not wait for the CPUC’s directive but should exercise its duty of care by implementing criminal thinking error training and holding PG&E executives accountable for their disastrous decisionmaking and conduct. Public safety depends on PG&E ending criminal thinking that drives dangerous behavior.

Catherine Sandoval is a tenured law professor at Santa Clara Law who teaches Energy, Communications, Antitrust, and Contract Law. She served a six-year term as a Commissioner of the California Public Utilities Commission. As the Director of Santa Clara Law’s Insurance Law Institute, she represented pro bono PG&E ratepayers in PG&E’s federal criminal probation proceeding.

N OT E S 1 United States Court, Post Conviction Risk Assessment (PCRA), Post Conviction Risk Assessment | United States Courts (uscourts.gov) (last visited June 14, 2020).

2 Glen D. Walters, The Psychological Inventory of Criminal Thinking Styles (PICTS): A Review and Meta-Analysis, 3 Assessment (Sept. 9, 2002), 27891, doi: 10.1177/1073191102009003007, https://pubmed.ncbi.nlm.nih. gov/12216785/.

3 Brian Loebig, Criminal Thinking Therapy Resource, https://www.criminalthinking.net/about-us/.

4 See e.g., Patient Safety Network, Sept. 7, 2019, High Reliability | PSNet (ahrq. gov).

SANTA CLARA LAW

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