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Stanford Law School Honors Judge Patricia Wald and ACLU Attorney David Sapp with Public Service Awards

October 12, 2012 • by Judith Romero • no comments »

STANFORD, Calif., October 12, 2012—The John and Terry Levin Center for Public Service and Public Interest Law at Stanford Law School has announced two awards for remarkable achievements in public service. The recipient of the National Public Service Award is Judge Patricia M. Wald, who most recently served on the International Criminal Tribunal for the former Yugoslavia and who has been a role model for a generation of public interest lawyers. The recipient of the Miles L. Rubin Public Interest Award is David Sapp ‘05, staff attorney with the American Civil Liberties Union (ACLU) of Southern California, who has focused his work on education and juvenile justice. Both recipients were honored last night at a ceremony at Stanford.

The National Public Service Award is designated for an attorney whose public service work has had national impact and the Miles L. Rubin Public Interest Award recognizes an alumnus/a whose outstanding work has advanced justice and social change in the lives of vulnerable populations on a community, national, or international level. In particular, the Rubin Award is intended to highlight sustainable solutions to a societal problem.

National Public Service Award Recipient: the Honorable Patricia M. Wald

“Judge Wald’s career is exceptional. She has made signal contributions to advance the public good in so many corners of our profession,” said M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean. “She is a role model for our students, and for all lawyers, for her lifetime commitment to justice on the national and international stage.”

The Honorable Patricia Wald has worked in such diverse fields as criminal justice, juvenile law, mental disability law, drug abuse, poverty and public interest law, administrative law, constitutional law, judicial process, and women and the law. After earning her law degree from Yale Law School in 1951, she served as a clerk for Judge Jerome Frank of the U.S. Court of Appeals for the Second Circuit, the only woman to clerk on that Circuit that year. She later went to work at Arnold and Porter in Washington, D.C., and then took a ten-year leave from the profession to launch the lives of five children she had with her Navy JAG husband, Robert. She returned to practice and worked at the U.S. Department of Justice’s Office of Criminal Justice, Washington D.C.’s Neighborhood Legal Services Program, the Center for Law and Social Policy, and the Mental Health Law Project, among others. She served in the Carter administration as Assistant Attorney General before being appointed as the first woman to be a judge on the U.S. Court of Appeals for the D.C. Circuit, where she served as chief judge from 1986 until 1991. After twenty years on the federal bench, Judge Wald accepted an appointment to serve as a judge for the International Criminal Tribunal for the former Yugoslavia. She later served as a member of the Iraq Intelligence Commission and has taken on countless leadership roles in professional associations, national commissions and legal reform efforts in the United States and abroad.

Miles L. Rubin Public Interest Award Recipient: David Sapp, JD ’05

The 2012 Miles L. Rubin Public Interest Award recipient David Sapp is being recognized for his legal advocacy for youth, primarily working on education and juvenile justice issues. During his tenure as staff attorney with the American Civil Liberties Union, he worked on Casey A. v. Gundry, a case that led to the complete overhaul of education and rehabilitation programming at Los Angeles County’s largest juvenile detention center. He also served as counsel in Doe v. State of California, which challenged the State’s failure to ensure that districts provide free public education as required by the California Constitution, and local districts’ charging of illegal fees. This case led to the enactment of recent legislation establishing a statewide accountability system. Prior to joining the ACLU, David clerked for the Honorable Raymond C. Fisher on the United States Court of Appeals for the Ninth Circuit and was a Skadden Fellow at Advocates for Children’s Services in Durham, North Carolina, where he represented students in school discipline and special education proceedings. He began his legal career clerking for the Honorable Myron H. Thompson on the District Court for the Middle District of Alabama. David Sapp earned his JD from Stanford Law School in 2005.

“David Sapp has been in the profession for fewer than 10 years, but he has already transformed the lives of hundreds of clients in need,” said Magill. “He is an inspiration to our students and to us all.”

“I’m certain that our students will find this year’s honorees particularly inspiring role models for how to pursue careers that fulfill all lawyers’ responsibility to do justice,” said Diane T. Chin, associate dean for public service and public interest law and lecturer in law who oversees the John and Terry Levin Center for Public Service and Public Interest Law. “Their work and commitments serve as a wonderful reminder about the ability of the law and legal structures to help and empower communities.”

The awards were established in 2006 by the Levin Center for Public Service and Public Interest Law as part of its mission to raise awareness about the importance of public service. The awards are given annually to individuals who exemplify a commitment to public service, provide models of practice that are interesting and innovative, and who make a contribution to the overall public interest legal field. The recipients were chosen by a committee that included Todd Rubin, a member of the Rubin family who helped establish the Miles L. Rubin Public Interest Award, Larry Kramer, former Richard E. Lang Professor of Law and Dean, and Chin.

About the John and Terry Levin Center for Public Service and Public Interest Law

The mission of the John and Terry Levin Center for Public Service and Public Interest Law at Stanford Law School is—through courses, research, pro bono projects, public lectures, academic conferences, funding programs, and career development—to make public service a pervasive part of every law student’s experience and ultimately help shape the values that students take into their careers. It also engages in programming and research that supports development of the public interest legal community and increases access to justice.

About Stanford Law School

Stanford Law School (http://www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, produce outstanding legal scholarship and empirical analysis, and contribute regularly to the nation’s press as legal and policy experts. Stanford Law School has established a new model for legal education that provides rigorous interdisciplinary training, hands-on experience, global perspective and focus on public service, spearheading a movement for change.

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category: District Court for the Middle District of Alabama, U.S. Court of Appeals for the D.C. Circuit, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Second Circuit, award, human rights law, international law, judiciary, legal practice, public service

California Corrections Secretary Matthew Cate Joins Stanford Criminal Justice Center as Law and Policy Fellow

October 4, 2012 • by Judith Romero • no comments »

Cate will collaborate on research regarding California’s Public Safety Realignment Act

Matthew Cate

Matthew Cate, the Secretary of the California Department of Corrections and Rehabilitation, and Law and Policy Fellow at the Stanford Criminal Justice Center

Matthew Cate, the Secretary of the California Department of Corrections and Rehabilitation, has joined Stanford Law School as a Law and Policy Fellow with the Stanford Criminal Justice Center (SCJC). The center is renown for its policy work on criminal law and the criminal justice system at the state, local, and federal levels, and has been at the forefront of studying the implementation of California’s Public Safety Realignment Act—which went into effect one year ago this week, and transfers authority for convicted felons from the state prison and parole system to local counties.

“Secretary Cate brings to the Center unmatched experience managing the largest prison system in the country,” said Joan Petersilia, Adelbert H. Sweet Professor of Law and co-faculty director of the Stanford Criminal Justice Center. “He deeply values the role of applied research in criminal justice policymaking, and thus his affiliation with the Center is natural and one we are thrilled to embark upon.”

The Stanford Criminal Justice Center promotes and coordinates the study of criminal law and the criminal justice system, including legal and interdisciplinary research, policy analysis, curriculum development, and preparation of law students for careers in criminal law.

One major goal of the center is to operate as a public service consultant to public officials at all levels of government, and to encourage collaborative criminal justice policy by forging partnerships with government entities in the criminal justice arena that can benefit from social science research to develop empirically-validated, data-driven criminal justice programs and policies.

Center scholarship focuses on the implementation of California’s Public Safety Realignment Act and the parole release process for individuals serving life sentences with the possibility of parole in California.

In his capacity as Corrections Secretary, Cate will be working with the center on its scholarship related to Public Safety Realignment, advising on research and teaching law students. As one of the chief architects of realignment, he is an invaluable resource for the center. In particular, he will serve as the chair of a steering committee being assembled by the center to address key issues facing the front-end of the criminal justice system. Secretary Cate will advise on the composition of the committee, as well as the substantive topics the committee will address through the convening of four full-day executive sessions over the next 18 months. He will chair all of the executive sessions, both shaping the content of the meetings’ agendas and facilitating the meetings’ sessions. At the conclusion of the executive sessions, the center will produce a report summarizing the major front-end issues created by Realignment, identifying policy recommendations, and highlighting best practices among California’s 58 counties to address those issues.

“I am honored to join the center and excited to begin working with staff and students to study the impact of Public Safety Realignment, said Matthew Cate. “By combining the best academic minds at the center with the real-world experience of California’s law enforcement leaders, I believe we will not only identify the most significant challenges faced by front-line law enforcement in the wake of realignment, but also the most promising opportunities and creative solutions. Accordingly, this work will be critical to improving public safety outcomes throughout our state and I look forward to beginning this important project.”

“Because of Matt Cate’s deep legal experience, combined with his comprehensive understanding of policy and empirical evidence and his managerial skills, he has emerged as one of the most respected criminal justice officials in the nation,” noted Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law and co-faculty director of the Stanford Criminal Justice Center.

Cate also serves as chairman of both the Board of State and Community Corrections and the Prison Industry Authority. In 2010, Cate was elected regional president of the Association of State Correctional Administrators. Prior to his appointment as secretary, Cate served for four years as the California Inspector General. As inspector general, Cate was responsible for public oversight of the California Department of Corrections and Rehabilitation. Since 2007, he has also served on the California Rehabilitation Oversight Board and, in that capacity is responsible for reporting to the state legislature on the progress made by the department in fulfilling its obligation to provide effective rehabilitative programs to California’s inmates and parolees.

Prior to becoming California’s Inspector General, Matthew Cate served as a state and local prosecutor. From 1996 to 2004, he held the position of deputy attorney general at the California Department of Justice. In that capacity, he supervised a team of trial and appellate prosecutors, managed a criminal trial caseload of political corruption matters, and provided counsel to county grand juries. In 2003, while working on federal fraud and corruption matters, Cate was cross-designated as a Special Assistant United States Attorney. From 1994 to 1996, Cate was a deputy district attorney for Sacramento County, last serving in a special assignment prosecuting juvenile rape and murder cases. Prior to joining the public sector, Cate worked as a business litigation attorney with the law firm Downey, Brand, Seymour & Rohwer. He has also held several positions as an instructor of legal and law enforcement-related topics, including standards training for peace officers.

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category: California Department of Corrections and Rehabilitation, California state government, Public Safety Realignment Act, criminal law, empirical research, legal scholarship, legislation, public policy, public service

Kauffman Foundation Report Shows Immigrant Entrepreneurship Has Stalled for the First Time in Decades

October 2, 2012 • by Judith Romero • no comments »

Reasearch Team Includes Experts from the Rock Center for Corporate Governance at Stanford Law School

"America's New Immigrant Entrepreneurs: Then and Now"

PDF copy of Kauffman Report, "America's New Immigrant Entrepreneurs: Then and Now"

The Kauffman Foundation announced a new study today indicating that high-tech, immigrant-founded startups — a critical source of fuel for the U.S. economy — have stagnated and are on the verge of decline.

America’s New Immigrant Entrepreneurs: Then and Now shows that the proportion of immigrant-founded companies nationwide has slipped from 25.3 percent to 24.3 percent since 2005. The drop is even more pronounced in Silicon Valley, where the percentage of immigrant-founded startups declined from 52.4 percent to 43.9 percent.

The research was conducted by Vivek Wadhwa, director of research at the Center for Entrepreneurship and Research Commercialization at the Pratt School of Engineering, Duke University, and fellow at the Rock Center for Corporate Governance at Stanford Law School; AnnaLee Saxenian, dean and professor at the Berkeley School of Information; and F. Daniel Siciliano, professor of the practice of law and faculty director of the Rock Center for Corporate Governance. The research findings are the subject of a book being released today by Vivek Wadhwa, The Immigrant Exodus: Why America Is Losing the Global Race to Capture Entrepreneurial Talent.

Read more about the Kauffman Foundation report here.

Visit ImmigrantExodus.com, a resource for journalists and a voice for immigrant entrepreneurs that was launched by Vivek Wadhwa with funding from the Kauffman Foundation.

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category: Stanford Law School faculty news, citizenship, corporate, commercial, business & finance law, entrepreneurship, immigration law, migration, public policy, venture capital

Leading Experts Shirin Sinnar, Ronald Tyler, James Sonne to Join Stanford Law School

October 2, 2012 • by Judith Romero • no comments »

STANFORD, Calif., October 2, 2012—Stanford Law School today announced that three leading experts will begin teaching fall 2012: civil liberties and national security scholar Shirin Sinnar, criminal defense expert Ronald C. Tyler, and religious liberties expert James A. Sonne.

Shirin Sinnar joins the faculty as assistant professor of law. Ronald Tyler joins the faculty as associate professor of law and director of the Criminal Defense Clinic, within the Mills Legal Clinic. James A. Sonne joins as lecturer in law and director of the Religious Liberty Clinic within the Mills Legal Clinic.

“I am delighted to welcome these new faculty members, who are all leading experts in their fields, to Stanford Law School,“ said Dean M. Elizabeth Magill. “Shirin, Ron, and Jim bring both expertise and experience that will enrich our curriculum and advance our understanding of their chosen fields—national security law, criminal defense, and religious liberty.”

Shirin Sinnar

Shirin Sinnar

Shirin Sinnar, assistant professor of law

Shirin Sinnar, assistant professor of law, is an expert in national security law, administrative law, and civil procedure. Her scholarship lies at the intersection of national security, individual rights, and institutional design.  Her most recent work explores the capacity of Inspectors General, internal watchdog institutions within federal agencies, to provide oversight of national security programs that affect civil rights and liberties. Other research interests include comparative national security oversight, accountability mechanisms for domestic intelligence gathering, and the impact of counterterrorism policies on U.S. immigrant communities.

“At a time when national security issues are at the forefront of policy and legal debates, Shirin’s scholarship on the interplay between security imperatives and civil liberties could not be more relevant.   She has a remarkable amount of practical experience in the field, and her scholarship has already taught us about some of the surprising ways our system handles civil liberties issues in the national security context,” said Dean Magill. “I am certain that her creative work will help shape the design of institutions that are charged with protecting our national security in the coming years.”

Assistant Professor Sinnar’s work includes a forthcoming article, Protecting Rights from Within?  Inspectors General and National Security Oversight, which will be published in the Stanford Law Review in 2013; Questioning Law Enforcement: The First Amendment and Counterterrorism Interviews (Brooklyn Law Review 2011); and Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the USA Patriot Act (Stanford Law Review 2003)—which received the Burton Award for legal writing.

“I am delighted to be joining a faculty renowned both for its influential scholarship and for its commitment to transforming legal education,” said Sinnar. “There is no more exciting place to teach, learn, and contribute to justice than Stanford Law School.”

More on Shirin Sinnar:

Prior to her faculty appointment, Sinnar taught Legal Research and Writing and Federal Litigation to first-year law students as a Stanford Law Fellow. She previously served as a public interest attorney with the Asian Law Caucus and the Lawyers’ Committee for Civil Rights of San Francisco, where she represented individuals facing discrimination based on government national security policies and unlawful employment practices. Sinnar also served as a law clerk to the Honorable Warren J. Ferguson of the United States Court of Appeals for the Ninth Circuit. She is a graduate of Stanford Law School (J.D. 2003), Cambridge University (M. Phil. International Relations 1999), and Harvard and Radcliffe Colleges (summa cum laude, A.B. History 1998).

Ronald C. Tyler

Ronald C. Tyler, associate professor of law and director of the Criminal Defense Clinic

Ronald C. Tyler, associate professor of law and director of the Criminal Defense Clinic

Associate Professor of Law Ronald Tyler will direct the Criminal Defense Clinic after a twenty-two-year long career as an assistant federal public defender with the Office of the Federal Public Defender for the Northern District of California. A dedicated defense attorney and nationally recognized expert, he has litigated at trial and before appellate courts covering the full gamut of federal criminal cases. A founding member of the faculty of the Federal Trial Skills Academy and a faculty member of the Office of Defender Services Training Branch, he teaches regularly at seminars for criminal defense attorneys, investigators, and paralegals. He also teaches at the annual National Criminal Defense College in Georgia. He taught trial advocacy at UC Hastings College of the Law as an adjunct professor for many years. He is also active with several nonprofits including the American Civil Liberties Union, serving on its national board of directors.

“Ron’s depth of experience as a public defender will provide an extraordinary experiential learning opportunity for our students,” said Lawrence C. Marshall, associate dean for clinical education and David and Stephanie Mills Director of the Mills Legal Clinic. “Not only does he bring direct courtroom litigation experience to the clinic classroom, but his innovative pedagogical methods will help students develop expertise in a broad array of critical areas. These include understanding ways in which the facts and factual development affect the lawyering process; dealing with clients, courts, witnesses, and prosecutors; a contextualized appreciation of legal ethics and professional responsibility; problem-solving skills; and the ability to collaborate effectively and work as part of a team.”

Under the supervision of Associate Professor Ronald Tyler, students in the Criminal Defense Clinic will represent indigent individuals accused of crimes in Santa Clara County and San Mateo County at all stages of criminal proceedings, including conducting fact investigation, interviewing witnesses, plea negotiations, working with experts, suppression motions, and trials. The cases will encompass a wide range of misdemeanor offenses and some of the more common charges include drug possession, assault, theft, and weapons possession. At every stage of a case, the clinic’s goal will be to provide zealous, client-centered representation.

“I am excited to teach criminal defense to the extraordinary students at Stanford Law School,” said Ron Tyler. “And to be able to shape clinical experiences that stimulate deep reflection on the lawyering process, which is essential to serving one’s clients well—regardless of the practice areas my students ultimately choose. I am also honored to be joining my preeminent colleagues on the Stanford Law faculty.”

More on Ronald C. Tyler:

Associate Professor Tyler received his BS in computer science and engineering from the Massachusetts Institute of Technology in 1981 and had a brief career in high tech before changing his career focus to public interest advocacy. He began law school as a Tony Patiño Fellow at Hastings College of the Law and earned his JD from UC Berkeley School of Law in 1989, where he served as notes and comments editor on the Ecology Law Quarterly. After law school, he clerked for U.S. District Court Judge Marilyn Hall Patel.

James A. Sonne

James A. Sonne, lecturer in law and director of the Religious Liberty Clinic

James A. Sonne, lecturer in law and director of the Religious Liberty Clinic

Jim Sonne is lecturer in law and director of the new Religious Liberty Clinic of the Mills Legal Clinic, the only one of its kind in the country.  Sonne is an experienced teacher and practitioner, with expertise in law and religion issues—particularly in the workplace.

The Religious Liberty Clinic will offer participating students a dynamic, real-world experience representing a diverse group of clients in disputes arising from a wide range of religious beliefs, practices, and customs in a variety of circumstances. Students will learn in class and apply in practice the laws affecting religious liberty, whether statutory or constitutional, and will be expected to counsel individual or institutional clients and litigate on their behalf.

Students will handle a discrete accommodation project, such as representing a prisoner, student, or employee facing obstacles in the exercise of his or her faith—and participate in a longer-term project involving religion in the public square, for example, representing a small church, synagogue, or mosque with zoning issues, or a faith-based group seeking access to public facilities. Opportunities to draft amicus briefs may also arise. The clinic will involve administrative, trial, and appellate practice.

“The launch of this new clinic is a significant moment in the development of Stanford’s clinical program,” said Lawrence Marshall. “The Religious Liberty Clinic will expose our students to clients and causes quite different from those of other clinics, thereby expanding their horizons while developing their expertise as lawyers. And it is difficult to imagine anyone more fitting than Jim Sonne—with his vast experience and teaching skills—to run this program.”

“I am thrilled to launch this one-of-a-kind clinic that will offer students an opportunity to learn about the ‘real practice of law’ in a unique and fascinating way,” said Sonne. “It is an honor to join the first-rate clinical program here at Stanford, and I look forward to working with my colleagues to equip our students with both the technical skills and professional values critical to their future success in law and life.”

More on James A. Sonne

Before teaching at Stanford Law School, Sonne served as an associate professor of law at Ave Maria School of Law, as a labor and employment lawyer for McGuireWoods LLP, and as an appellate lawyer for Horvitz & Levy LLP.  Sonne received his BA with honors from Duke University and his JD with honors from Harvard Law School.  He is a former law clerk to Judge Edith Brown Clement of ­­the United States Court of Appeals for the Fifth Circuit.

About Stanford Law School

Stanford Law School (www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, produce outstanding legal scholarship and empirical analysis, and contribute regularly to the nation’s press as legal and policy experts. Stanford Law School has established a new model for legal education that provides rigorous interdisciplinary training, hands-on experience, global perspective and focus on public service, spearheading a movement for change.

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category: Federal Trial Skills Academy, First Amendment, Mills Legal Clinic, National Security, Office of Defender Services Training Branch, Office of the Federal Public Defender for the Northern District of California, Ronald C. Tyler, U.S. Court of Appeals for the Fifth Circuit, U.S. Court of Appeals for the Ninth Circuit, civil liberties, clinical legal education, constitutional law, criminal law, immigration law, law school curriculum, legal education, legal practice, public policy, public service

“Living Under Drones”– New Report Issued by the International Human Rights and Conflict Resolution Clinic

September 25, 2012 • by Judith Romero • no comments »

Professor James Cavallaro, director of Stanford Law School’s International Human Rights and Conflict Resolution Clinic, supervised a team of students who co-authored a report titled, Living Under Drones, which describes the conditions of daily life in communities in northwest Pakistan where “drones hover 24 hours a day, striking homes, vehicles, and public spaces without warning.” Based on extensive interviews with Pakistanis living in the regions directly affected, as well as humanitarian and medical workers, the report provides new and firsthand testimony about the negative impacts U.S. drone strike policies are having on civilians living under drones. The report is the result of research conducted by a joint team from the International Human Rights and Conflict Resolution Clinic of Stanford Law School and the Global Justice Clinic at New York University School of Law (NYU Clinic).

More information about the report is available at: http://livingunderdrones.org/ and via the Mills Legal Clinic at Stanford Law School

Click here to download a PDF copy of the report,  Living Under Drones.

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category: human rights law, international law

Stanford Law School and American University of Afghanistan to Build Law Degree Program in Afghanistan with $7.2M Grant from the U.S. State Department

September 24, 2012 • by Judith Romero • no comments »

Funding will support the development of an integrated five-year double bachelors degree program at American University of Afghanistan to train Afghan lawyers

Afghanistan Legal Education Project at Stanford Law School

STANFORD, Calif., September 24, 2012—Stanford Law School today announced that its innovative program— the Afghanistan Legal Education Project (ALEP)—has been awarded a $7.2 million dollar U.S. State Department grant, through the Bureau of International Narcotics and Law Enforcement Affairs (INL/State), to support Stanford and the American University of Afghanistan (AUAF) in developing a full, five-year integrated Bachelor of Arts and Bachelor of Laws degree program at AUAF’s campus in Kabul, Afghanistan. The objective of the new, double-bachelors law degree is to train Afghan students to become professional lawyers who can provide much-needed legal representation services, help enforce the nation’s new constitution, help stabilize the rule of law, and become legal educators who will go on to train the next generation of Afghanistan’s professional lawyers and its leaders.

The new degree-granting program is the latest in—and most ambitious of—a long series of efforts to fortify legal education in Afghanistan that has been undertaken since 2007 by Stanford Law School through its Afghanistan Legal Education Project in collaboration with American University of Afghanistan, and since 2010, with support from INL/State. Most recently, the two schools developed a certificate in legal studies at AUAF, which saw its first graduates this spring. This past semester, approximately 200 students took law classes and every class was oversubscribed. All indications are that student demand will continue to grow, and Stanford, AUAF, and INL/State have been partnering to meet that demand.

The new law degree program will build on this existing certificate program and use textbooks written by Stanford Law students that have been rigorously vetted with Stanford faculty, AUAF law faculty, and senior judges, bureaucrats and lawyers in Afghanistan. The curriculum will emphasize practical skills, professional responsibility, and substantive instruction in criminal, commercial, comparative, Islamic, and international law. A number of courses will be practice-oriented and geared to experiential learning. Law is an undergraduate discipline in Afghanistan, and so students will first take two years of AUAF’s general liberal arts education followed by three years of legal studies instruction.

M. Elizabeth Magill Richard E. Lang Professor of Law and Dean of Stanford Law School

M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean of Stanford Law School

“In order to rebuild Afghanistan’s institutions, and particularly its legal institutions, the country must have a generation of lawyers who have been trained in a rigorous way,” said Stanford Law School Dean M. Elizabeth Magill. “This program will help with that effort, and it is exciting that our students and faculty are contributing in distinctive ways to this foundational work.”

The Afghanistan Legal Education Project emerged in 2007 at Stanford Law School as a student-led initiative to produce legal textbooks and legal curriculum focused on Afghanistan’s current laws, with the aim of contributing to the effort to rebuild the country’s institutions.

ALEP’s first initiative involved partnering with American University of Afghanistan (AUAF) in Kabul to produce a legal textbook of secular laws, setting them out in systematic order and providing insight into the ways in which they interact with Islamic and customary laws. Since that first successful effort, the program has continued to expand: ALEP has produced four textbooks, with a fifth and a sixth in production. One is the introduction to Afghanistan law. The others offer detailed analysis of commercial law, criminal law, and international law (from an Afghan perspective). The fifth will cover constitutional law, and the sixth will cover professional responsibility.

Erik G. Jensen Professor of the Practice of Law

Erik G. Jensen, Professor of the Practice of Law and Director, Rule of Law Program and Affiliated Faculty Member at the Center on Democracy, Development, and the Rule of Law (CDDRL) at the Freeman Spogli Institute for International Studies at Stanford University (FSI).

“This grant is the culmination of over five years of hard work by students and faculty at Stanford Law School, and leadership and faculty at AUAF.  I am grateful to INL/ State Department for this grant,” said Erik G. Jensen, professor of the practice of law, director of the law school’s Rule of Law Program, faculty advisor for ALEP since its inception, and an affiliated faculty member at the Center on Democracy, Development, and the Rule of Law (CDDRL) at the Freeman Spogli Institute for International Studies at Stanford University (FSI). “INL/State recognizes and supports our long track record of success in offering quality legal education in Afghanistan. The grant is important to students and faculty at Stanford and AUAF, to the expansion of legal education in Afghanistan, and, in some small but significant way, to the future of US-Afghan relations as this successful education project will be implemented well beyond the 2014 scheduled ratcheting down of US military involvement in Afghanistan.”

Thomas Hushek, Director of the State/INL bureau in Kabul, affirmed the United States’ emphasis on legal education in Afghanistan.  “The Strategic Partnership Agreement between the United States and the Government of the Islamic Republic of Afghanistan includes a joint commitment to increasing Afghans’ access to quality higher education.  Legal education is a critical element of justice reform, and ALEP’s expansion ensures that U.S. support in this area will include AUAF as a valuable private institution partner, together with our long-term partners in the public university system. The State Department is very pleased to support a program that has such significant support and interest from students at AUAF and Stanford alike.”

The grant is the largest federal grant Stanford Law School has received. The new law degree-granting program will graduate its first class in 2015.

“We’re tremendously excited by news of this wonderful grant,” said AUAF President C. Michael Smith. “We’ve built a strong partnership with Stanford for providing legal instruction in Afghanistan, and we are very pleased that we’ll be continuing this partnership in a full law degree program. Most important, however, is the difference this program will make for Afghan students, who will now be able to earn a law degree here in Afghanistan that, with Stanford’s involvement, will meet international standards for excellence.”

About M. Elizabeth Magill

Mary Elizabeth Magill was appointed the Richard E. Lang Professor of Law and Dean of Stanford Law School on September 1, 2012.  She is the law school’s 13th dean. Before coming to Stanford she was on the faculty at the University of Virginia School of Law for 15 years, serving most recently as vice dean, the Joseph Weintraub–Bank of America Distinguished Professor of Law, and the Elizabeth D. and Richard A. Merrill Professor.

An expert in administrative law and constitutional structure, Dean Magill teaches administrative law, constitutional law, and food and drug law.  Her scholarly articles have been published in leading law reviews, and she has won several awards for her scholarly contributions. She is a member of the American Law Institute and served as a fellow in the Program in Law and Public Affairs at Princeton University, a visiting professor at Harvard Law School, and the Thomas Jefferson Visiting Fellow at Downing College, Cambridge University.

After completing her BA in history at Yale University in 1988, Dean Magill served as a senior legislative assistant for energy and natural resources for U.S. Senator Kent Conrad, a position she held for four years.  She left the Hill to attend the University of Virginia School of Law, where she was articles development editor of the Virginia Law Review and received several awards for academic and scholarly achievement. After graduating in 1995, Dean Magill clerked for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg.

About Erik G. Jensen

Erik G. Jensen is a professor of the practice of law at Stanford Law School, director of the law school’s Rule of Law Program, and an affiliated faculty member at the Center on Democracy, Development, and the Rule of Law (CDDRL) at the Freeman Spogli Institute for International Studies at Stanford University (FSI). A lawyer trained in Britain and the United States, he has, for the past 27 years, taught, practiced and written about the field of law and development in 30 countries. He has been a Fulbright scholar, a consultant to the World Bank, the Asian Development Bank, and the African Development Bank, and a representative of The Asia Foundation, where he currently serves as a senior advisor for governance and law. His teaching and research activities explore various dimensions of reform aimed at strengthening the rule of law, including the political economy of reform; the connections between legal systems and the economies, polities and societies in which they are situated; and the relationship of Islam to the rule of law. As co-director of the Rule of Law Program, Jensen serves as faculty advisor to student-driven projects in Afghanistan, Bhutan, Timor-Leste, and Iraq that, with strong local partnerships, develop legal tools in these developing democracies.

About the Afghanistan Legal Education Project

Founded in 2007 as a student–driven initiative, the Afghanistan Legal Education Project at Stanford Law School (ALEP) develops innovative legal curricula to help train the next generation of lawyers and leaders. ALEP has developed an extensive law curriculum at the American University of Afghanistan with strong support from INL/State Department.

ALEP’s principal focus is researching, writing, and publishing original legal textbooks. Since 2007, ALEP has published four textbooks, which are among the first to specifically address Afghanistan’s post-2004 legal system: An Introduction to the Law of Afghanistan (2nd Edition), Commercial Law of Afghanistan, Criminal Law of Afghanistan, and International Law of Afghanistan. These textbooks have been rigorously vetted by Afghan and international legal experts. All of ALEP’s publications are available online for free use and distribution on the ALEP website under “Publications.” Dari and Pashto translations are forthcoming. More information is available at: http://alep.stanford.edu/

About Stanford Law School

Stanford Law School (www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, produce outstanding legal scholarship and empirical analysis, and contribute regularly to the nation’s press as legal and policy experts. Stanford Law School has established a new model for legal education that provides rigorous interdisciplinary training, hands-on experience, global perspective and focus on public service, spearheading a movement for change.

About American University of Afghanistan

The American University of Afghanistan is dedicated to providing world-class higher education that prepares leaders to meet the needs of Afghanistan and the region. AUAF students learn from faculty who hold master and doctoral degrees from a wide array of prestigious institutions throughout the world. Students study in state-of-the-art classrooms, including science and computer laboratories and video-conferencing facilities. Students have access to a comprehensive research facility at the Bernice Nachman Marlowe Library, which provides access to electronic databases in addition to its 12,000-volume library.

As the only private, not-for-profit, independent university chartered in Afghanistan, AUAF has grown from an initial enrollment in 2006 of a mere 53 students to more than 1,700 full and part-time students studying across four degree programs in 2012. Additionally, over the past six years AUAF has partnered with Stanford Law School, University of California – San Diego, Indiana University, Thunderbird School of Global Management, and the Afghan Ministry of Rural Rehabilitation and Development to strengthen its academic programs. AUAF has grown into a thriving academic and intellectual center, providing the most rigorous and fulfilling university experience in the region.

About U.S. Department of State, Bureau of International Narcotics and Law Enforcement

The Bureau of International Narcotics and Law Enforcement Affairs (INL), headed by Assistant Secretary William R. Brownfield, advises the President, Secretary of State, other bureaus in the Department of State, and other departments and agencies within the U.S. Government on the development of policies and programs to combat international narcotics and crime. INL programs support two of the Department’s strategic goals: (1) to reduce the entry of illegal drugs into the United States; and (2) to minimize the impact of international crime on the United States and its citizens. Counternarcotics and anticrime programs also complement counterterrorism efforts, both directly and indirectly, by promoting modernization of and supporting operations by foreign criminal justice systems and law enforcement agencies charged with the counter-terrorism mission. More information is available at: http://www.state.gov/j/inl/index.htm

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category: U.S. Department of State, United States government, administrative law, public service, rule of law

Barbara van Schewick’s Internet Architecture and Innovation Now Available in Paperback and for Kindle

September 17, 2012 • by Judith Romero • no comments »

Internet Architecture and Innovation

Barbara van Schewick’s Internet Architecture and Innovation is now available in paperback and for Kindle. First published by MIT Press in August 2010, the book has come to be recognized as the essential work on the science, economics and policy of network neutrality.

The Internet’s remarkable growth has been fueled by innovation.  In Internet Architecture and Innovation, Barbara van Schewick, Associate Professor of Law and Director of the Center for Internet and Society, argues that this explosion of innovation is not an accident, but a consequence of the Internet’s architecture—a consequence of technical choices regarding the Internet’s inner structure that were made early in its history.

Today, network providers are changing the Internet’s architecture in ways that deviate from the Internet’s original design principles. These changes remove the features that have fostered innovation in the past and threaten the Internet’s ability to spur economic growth, to improve democratic discourse, and to provide a decentralized environment for social and cultural interaction in which anyone can participate. If no one intervenes, network providers’ interests will drive networks further away from the original design principles. If the Internet’s value for society is to be preserved, van Schewick argues, policymakers will have to intervene and protect the features that were at the core of the Internet’s success.

The book website with more information about the book can be found at: http://netarchitecture.org.

Select Reviews

“As much as anything else, the economic success of the Internet comes from its architecture. The architecture, and the competitive forces it assures, is the only interesting thing at stake in this battle over “network neutrality.” … Barbara van Schewick’s extraordinary new book, “Internet Architecture and Innovation,” is perhaps the best explication of this point so far for those who should be studying these hard, new policy questions.”

—Lawrence Lessig, Professor, Harvard Law School


“This book is the most comprehensive study of the issues surrounding Internet Innovation, Net Neutrality, and related issues. It lays the intellectual foundation for Internet policy over the next decade. … Highly recommended.”

—Tim Wu, Professor, Columbia Law School


“This is an important book, one which for the first time ties together the many emerging threads that link the economic, technical, architectural, legal, and social frameworks of the birth and evolution of the Internet.”

—David P. Reed, SAP Labs


“There’s a new book out on Internet policy that is essential reading for anyone interested in Internet policy—and probably for anyone interested in the law, economics, technology, or start-ups. … Barbara van Schewick’s new book, “Internet Architecture and Innovation,” is one of the very few books in my field in the same league as Larry Lessig’s Code, in 2000, and Yochai Benkler’s Wealth of Networks, in 2006, in terms of its originality, depth, and importance to Internet policy and other disciplines. I expect the book to affect how people think about the Internet; about the interactions between law and technical architectures in all areas of law; about entrepreneurship in general. I also think her insights on innovation economics, which strike me as far more persuasive than lawyers’ usual assumptions, should influence “law and economics” thinking for the better. …”

—Marvin Ammori, Fellow, New America Foundation

More reviews are available at: http://netarchitecture.org/coverage/read/.


About Barbara van Schewick

Barbara van Schewick is an Associate Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, an Associate Professor (by courtesy) of Electrical Engineering in Stanford University’s Department of Electrical Engineering, Director of Stanford Law School’s Center for Internet and Society, and a leading expert on network neutrality.

Her research on the economic, regulatory, and strategic implications of communication networks bridges law, networking and economics. Her book Internet Architecture and Innovation (MIT Press 2010, now available in paperback) has come to be recognized as the leading work on the science, economics and policy of network neutrality. Her papers on network neutrality have influenced regulatory debates in the United States, Canada and Europe. Van Schewick has testified before the FCC in en banc hearings and official workshops. In October 2010, van Schewick received the Research Prize Technical Communication 2010 from the Alcatel-Lucent Stiftung for Communications Research for her pioneering work in the area of Internet architecture, innovation and regulation.

A longer bio is available at: http://netarchitecture.org/author/

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category: internet law, net neutrality

Stanford Law School to Receive Ford Foundation Grant to Fund Inaugural Public Interest Fellowship Program

September 13, 2012 • by Judith Romero • no comments »

Selected students will receive $15,000 for their summer public interest law work


STANFORD, Calif., September 13, 2012—Stanford Law School today announced that the Ford Foundation has committed to fund a new initiative administered by the John and Terry Levin Center for Public Service and Public Interest Law that will enable 25 Stanford Law School students to work in the field of public interest law next summer (2013). Stanford Law School is one of four law schools to receive part of the total $1.7 million grant; the other recipients are the law schools at Harvard University, New York University, and Yale University.

The Ford Foundation Law School Public Interest Fellowship Program is a new program under the foundation’s Social Justice Fellowships Initiative. This new grant from Ford will support ten-week summer fellowships that are focused on international as well as domestic public interest practice­­­. The fellowships are open to first-and second-year law students. Those selected will each receive $15,000 over the summer, giving them the opportunity to have substantive and transformative experiences as interns in the field of public interest law, working with the foundation’s grantee organizations that improve the lives of others through legal analysis, litigation and public policy advocacy.

“For over forty years, the Ford Foundation has been a leader in making sure lawyers can pursue public service,” said Stanford Law School Dean M. Elizabeth Magill. “This is an impressive new investment by the Foundation. Recipients will benefit from incredibly generous support, develop a deeper understanding of global and domestic issues, and become the leading edge of the new generation of lawyers devoted to advancing the public good through law.”

Ford Fellows will also participate in a program throughout the summer that will help them develop leadership skills in the field. Information gathered from the fellows each year will inform the program’s potential development and growth.

“This program opens up a new pathway for law students to gain practical and transformative experience working on many of the defining social justice issues of our age,” said Luis Ubiñas, president of the Ford Foundation. “We believe it will offer them invaluable knowledge and understanding that will inform their careers whether public or private, while bringing fresh talent to organizations working to advance fairness and freedom.”

“The Ford Foundation is taking an important step forward in its commitment to fund progressive lawyering through these new fellowships,” said Diane T. Chin, associate dean for public service and public interest law, who oversees the Levin Center. “I’m confident our students will develop a deeper understanding of global and domestic issues by becoming a part of what undoubtedly will be an impressive cohort of 100 fellows around the world. That Ford is also investing in their development as leaders is truly significant.”

The John and Terry Levin Center for Public Service and Public Interest Law is the hub of the public interest community at Stanford Law School, providing programming and support for students and alumni pursuing public interest, government, and pro bono opportunities in school and after graduation. It also studies the development of the field, and through research as well as technical assistance, conferences, and symposia supports nonprofit legal services providers and advocacy groups.

About Stanford Law School

Stanford Law School (www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, produce outstanding legal scholarship and empirical analysis, and contribute regularly to the nation’s press as legal and policy experts. Stanford Law School has established a new model for legal education that provides rigorous interdisciplinary training, hands-on experience, global perspective and focus on public service, spearheading a movement for change.

About the Ford Foundation

The Ford Foundation is an independent, nonprofit grant-making organization. For more than 75 years it has worked with courageous people on the frontlines of social change worldwide, guided by its mission to strengthen democratic values, reduce poverty and injustice, promote international cooperation, and advance human achievement. With headquarters in New York, the foundation has offices in Latin America, Africa, the Middle East, and Asia.

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category: fellowships, pro bono legal services, public service

Supreme Court Litigation Clinic Files Cert Petition in Pleau v. United States

August 21, 2012 • by Judith Romero • no comments »

Pleau v. United States, Petition for a Writ of Certiorari

Pleau v. United States, Petition for a Writ of Certiorari

STANFORD, Calif., August 21, 2012—The Supreme Court Litigation Clinic, within the Mills Legal Clinic at Stanford Law School, today filed a petition for writ of certiorari in the Supreme Court of the United States on behalf of petitioner Jason W. Pleau, in the case Jason W. Pleau v. United States of America.

Mr. Pleau is currently in federal custody, following a contested transfer between the State of Rhode Island and federal authorities in 2010 and 2011. Pleau had been facing charges in State court but before those proceedings could commence, the United States invoked the Interstate Agreement on Detainers Act (IAD) to secure the petitioner’s presence for trial on federal charges. He is accused of killing a gas station attendant during a robbery in 2010 in Rhode Island. Federal prosecutors are seeking the death penalty; the State of Rhode Island does not practice capital punishment and Governor Lincoln D. Chafee, who is ethically opposed to the death penalty, sought to block the transfer of Mr. Pleau, invoking Article IV(a) of the IAD. The federal government then sought a habeas writ through the U.S. District Court in Rhode Island and won; petitioner appealed to the U.S. Court of Appeals for the First Circuit; although initially prevailing in a panel decision in October 2011, the decision was overturned by an en banc panel in May 2012.

The question presented in this case:

The Interstate Agreement on Detainers Act (IAD Act), Pub. L. No. 91-538, 84 Stat. 1397 (1970) (codified as amended at 18 U.S.C. app. 2), establishes rules and procedures to govern the situation in which one “State” brings criminal charges against a person imprisoned in another “State.” The Federal Government is a party to the Act; accordingly, the IAD provides that “[a]s used in this agreement[,] ‘State’ shall mean a State of the United States [or] the United States of America.” Art. II(a). As is relevant here, the IAD provides that when “the appropriate authority in the State where [the] indictment, information, or complaint” is pending requests temporary custody of a prisoner in order to try him, “the Governor of the sending State” – that is, the state in which the prisoner is incarcerated – “may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.” Arts. IV(a) & V(a). Once the United States has invoked the IAD, an attempt to obtain a prisoner pursuant to a writ of habeas corpus ad prosequendum constitutes a “written request for temporary custody” under the IAD. United States v. Mauro, 436 U.S. 340, 361-62 (1978).

The question presented is the following: when the United States has invoked the IAD and seeks temporary custody of a state prisoner by means of a writ of habeas corpus ad prosequendum, may the Governor of the sending State – pursuant to the plain language of the Agreement – disapprove that request?

Click to access a PDF copy of the cert. petition in Pleau v. United States.

Earlier today, Governor Lincoln D. Chafee also filed a cert. petition in the matter: Chafee v. United States.

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category: Mills Legal Clinic, Supremacy Clause, Supreme Court of the United States, U.S. Court of Appeals for the First Circuit, constitutional law, criminal justice, criminal law, judiciary, legal practice

Stanford Law School Makes Course and Career Guide for Law Students Available to the Public: SLSNavigator

August 16, 2012 • by Judith Romero • no comments »

SLSNavigator logoSTANFORD, Calif., August 16, 2012—Stanford Law School today unveiled to the public SLSNavigator—an online “career and curriculum guide” that enables law students to learn about different careers in law and choose their courses accordingly.  Among its many innovative features, the guide incorporates more than 1500 courses from across the university, reflecting recognition of the broad range of problem-solving and other skills today’s lawyers need to understand and help their clients.  Meticulously designed over a three-year period, the content of SLSNavigator is based on extensive interviews with faculty, alumni, practicing attorneys, and other legal professionals about the substantive knowledge and skills they use.  The Law School is making the guide available to the public with the hope it will be useful to students at other law schools as well.

SLSNavigator was built in-house as part of a broad effort to help students decide what kind of legal career suits them and make the most out of their three years of law school.  It is meant to function in connection with other forms of career guidance, which at Stanford includes the Law School’s Office of Career Services and facilitated opportunities to meet, talk to, and network with alumni.  Students can use SLSNavigator to learn what different legal practices entail, to develop questions about career possibilities, and to choose among the wide range of courses identified and pre-approved by the Law School as relevant for different kinds of law.

The guide is flexible enough to work for students at any stage in their thinking.  Students can choose a general kind of practice—litigation, transactional, regulatory and policy, or academic—together with a specific practice area, such civil rights/liberties, education, health law, intellectual property.  Choices in this regard can be very broad (e.g., litigation/business) or very specific (e.g., transactional, health care—providers), with more than 50 career paths available. Students can then learn about the area and career options within their chosen parameters, but then also use the “map it” feature to home in on specific courses (broken out into foundational courses, key requirements, and other relevant or recommended courses). SLSNavigator includes not only all courses offered at the law school, but also relevant courses throughout the university—each containing information about the course and an explanation as to why it is relevant to a chosen practice.  Students can also drill deeper for recommendations of journals to read, blogs to follow, and other resources that are most useful for the career in question.

The development of SLSNavigator was part of a set of comprehensive reforms to Stanford Law School’s legal curriculum that were initiated by Larry Kramer, Richard E. Lang Professor of Law and Dean, beginning in November 2006 to better prepare students for the changing practice of law.

“Law students need more today than the traditional second- and third-year law school curriculum offers them. It is important for 2Ls and 3Ls to learn more legal doctrine, but it is equally important for them to learn how to think like their clients during the upper years,” said Dean Kramer, who spearheaded the development of SLSNavigator. “To enable students to do that, we made significant changes to the curriculum and we then created this tool to help them navigate the curriculum according to their personal career goals.”

“We encourage our students to think about their career goals much more broadly,” Kramer said. “SLSNavigator helps students do that, while also giving them good advice on how best to take advantage of Stanford’s wide-ranging curriculum options.”

The first phase of curriculum reforms were completed in February 2012 and include successfully transforming the traditional law degree into a multi-dimensional JD, which combines the study of other disciplines with team-oriented, problem-solving techniques together with expanded clinical training that enables students to represent clients and litigate cases while in law school.

“We’ve utilized the whole university to create a multi-dimensional legal education, because we think lawyers have a valuable role to play in helping to solve the world’s problems and that calls for more than knowing how to analyze case law,” said Kramer. “And we think we are uniquely positioned among law schools to produce lawyers who do that.”

To view SLSNavigator, click here: http://slsnavigator.law.stanford.edu/

About Stanford Law School

Stanford Law School (www.law.stanford.edu) is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, produce outstanding legal scholarship and empirical analysis, and contribute regularly to the nation’s press as legal and policy experts. Stanford Law School has established a new model for legal education that provides rigorous interdisciplinary training, hands-on experience, global perspective and focus on public service, spearheading a movement for change.

About Stanford Law School Dean Larry Kramer

Larry Kramer joined Stanford Law School in 2004 as Richard E. Lang Professor of Law and Dean. He is also professor (by courtesy) of history and professor (by courtesy) of political economy at the Graduate School of Business. As the school’s 12th dean, he has spearheaded significant educational reforms, including dramatically expanding joint degree programs as part of a multidisciplinary approach to legal studies, enlarging the clinical education program to promote reflective lawyering, revamping programs to foster a public service ethos, and building the international law program to support a growing emphasis on globalization in legal practice.

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category: clinical legal education, law school curriculum, legal education, legal practice, legal profession