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Stanford Law School Policy Lab Students File Recommendations to Update National Environmental Policy Act

STANFORD, Calif., July 18, 2014 – Stanford Law School students this week filed detailed recommendations to the White House’s Council on Environmental Quality on how to update the National Environmental Policy Act of 1969 (NEPA), the nation’s foundational environmental law. Their submittal made a strong case for requiring better coordination among the project proponents, interested federal agencies, and important stakeholders so all of the key parties can identify major project flaws early, ensure that the environmental impact statements (EISs) will cover the key environmental issues (and not tangential issues that elongate the process and divert attention from the issues that matter) and that the process covers the full range of permitting and review needs.

The students worked closely with David J. Hayes, former deputy secretary of the Department of the Interior and a Distinguished Visiting Lecturer at Stanford Law School, in a unique policy practicum called “The National Environmental Policy Act: Pushing the Reset Button” to research the recommendations. They focused on major federal projects, for which NEPA requires the preparation of full EISs.

SLS Visiting Distinguished Lecturer David J. Hayes

SLS Visiting Distinguished Lecturer David J. Hayes

“The policy lab was an incredible experience, and a very different experience from other law school classes,” said Rebecca Vogel, JD ’15. “We learned about NEPA and the related agency regulations with an eye toward how to make the process work better in practice; that purpose really shaped our approach and added extra motivation to learn.  David’s experience in the field did not diminish his receptiveness to new ideas, and every student got the chance both to brainstorm reforms and to delve more deeply into the areas that intrigued us.”

In the submittal, students recommended that agencies be required to use modern information technology tools when preparing EISs, including searchable databases and geographic information system-based mapping. Together, these types of reforms should cut down on the preparation time for EISs, while producing better, more readable and relevant products.

“Students in the policy lab have made a major contribution to the current debate on how to improve implementation of one of our bedrock environmental laws,” said Hayes. “Their product will be an invaluable resource for the Council on Environmental Quality, legislators and other interested parties who are committed to improving the EIS process.”

In addition to Vogel, students involved in the practicum included Julia Forgie, JD ’14, Elizabeth Hook, JD ’15, Matthew Miller, JD ’15, and Laura E. Sullivan, JD ’15.

You can read more about the practicum and view the submittal in its entirety at: http://stanford.io/1nk5yTI.

Stanford Law School Center for Internet and Society Launches World Intermediary Liability Map to Educate the Public about Internet Regulation Worldwide

STANFORD, Calif., July 7, 2014—The Center for Internet and Society (CIS) at Stanford Law School launched a new online educational resource initiative called the “World Intermediary Liability Map,” or “WILMap”. The WILMap will educate the public about evolving Internet regulation affecting freedom of expression and user rights worldwide. The WILMap is spearheaded by Giancarlo Frosio, the Intermediary Liability Fellow at CIS.

Giancarlo Frosio - Resident Fellow - Intermediary Liability

Giancarlo Frosio – Resident Fellow – Intermediary Liability

“Legal liability regimes that put Internet platform companies at legal risk for users’ online activity can imperil free expression and innovation, even as governments seek to resolve very real policy problems,” said CIS Director of Civil Liberties, Jennifer Granick. CIS’ year-old initiative on intermediary liability explores the impact of intermediary liability on innovation and civil liberties.

“By their nature, Internet services are inherently global,” Frosio said. “But Internet companies face a real challenge understanding how those global regimes might regulate the services they offer to the public. This uncertainty can hurt users by potentially scaring companies away from providing innovative new services in certain markets. Additionally, companies may unnecessarily limit what users can do online, or engage in censorship-by-proxy to avoid uncertain retribution under unfamiliar laws.”

To this end, CIS has built the WILMap, a detailed English-language resource comprised of case law, statutes, and proposed laws related to intermediary liability worldwide. The WILMap allows visitors to the CIS website to select information on any country of interest through a graphical user interface. The map will enable the public to learn about intermediary liability regimes worldwide and to identify places where legal regimes balance—or fail to balance—regulatory goals with free expression and other civil liberties.

Today, the WILMap covers almost 50 jurisdictions in Africa, Asia, Australia, the Caribbean, Latin America and Europe. The WILMap is an ongoing project. In collaboration with a network of experts worldwide, CIS will continue to update and expand the map, with the goal of covering all jurisdictions.

This project has been made possible by a team of contributors, both individual researchers and institutions, providing the necessary information to set up the country pages. After the launch, CIS expects many other collaborators to join this project to create additional country pages, to update those already published, and to make the online resource as comprehensive and complete as possible.

To learn about intermediary liability rules worldwide, for a list of collaborators, and for information about joining the project, or otherwise contributing to the map, please visit the World Intermediary Liability Map or the CIS intermediary liability focus area.

About Giancarlo Frosio

Giancarlo F. Frosio is the Intermediary Liability Fellow at the Center for Internet and Society at Stanford Law School. Giancarlo is a qualified attorney with a doctoral degree (S.J.D.) in intellectual property law from Duke University Law School. Additionally, he holds an LL.M. with emphasis in intellectual property law from Duke Law School, an LL.M. in information technology and telecommunications law from Strathclyde University in Glasgow, and a law degree from Università Cattolica in Milan. His research focuses on copyright law, digitization, history of creativity, public domain, open access, Internet and user based creativity, intermediary liability of Information Service providers, network information economy, access to knowledge (A2K), and identity politics.

About Jennifer Granick

Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after working with the internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act. From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy.

About the Center for Internet & Society

Led by Faculty Director Professor Barbara van Schewick, the Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program. CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, innovation, privacy, public commons, diversity, and scientific inquiry. CIS strives to improve both technology and law, encouraging decision makers to design both as a means to further democratic values. CIS provides law students and the general public with educational resources and analyses of policy issues arising at the intersection of law, technology and the public interest.

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.



IP Law Scholar Lisa Ouellette To Join Stanford Law School Faculty

Lisa Ouellette STANFORD, Calif., June 23, 2014 – Stanford Law School today announced that intellectual property law scholar Lisa L. Ouellette will join the Stanford Law School faculty, effective summer 2014.  Ouellette’s scholarship and research centers on intellectual property law, with a particular focus on the economic effect of both U.S. and international patent laws on innovation.

“Lisa Ouellette, who holds a PhD in Physics as well as a J.D., brings a great deal to the table in her study of intellectual property—she has legal and policy analytical skills, empirical sophistication, and scientific expertise. She has also already distinguished herself as a creative and prolific scholar,” said M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean of Stanford Law School. “Lisa’s presence will deepen our well-deserved reputation as one of the centers for scholarship on law and technology policy. We are delighted she is joining us.”

Ouellette’s other publications include “Patent Experimentalism,” Virginia Law Review (2014); “Beyond the Patents-Prizes Debate,” Texas Law Review (2013); “The Google Shortcut to Trademark Law,” California Law Review (2013); “Do Patents Disclose Useful Information,” Harvard Journal of Law and Technology (2012); and “What Are the Sources of Patent Inflation? An Analysis of Federal Circuit Patentability Rulings,” Yale Law Journal Online (2011).

“As an entry-level professor, Lisa has already compiled an amazing publication record,” said Mark A. Lemley, William H. Neukom Professor of Law. “Her work spans IP theory, policy arguments, and empirical research. She will bring much-needed depth to our IP curriculum, and I very much look forward to working with her.”

“I’m delighted to have the opportunity to join the SLS faculty. There is no more exciting place to teach and do research in IP and innovation,” said Ouellette. “I look forward to joining a community of extraordinary faculty and students deeply engaged with IP law—a community marked by its commitment to innovation-related initiatives, its embrace of the broader entrepreneurial spirit of the university and Silicon Valley, and its emphasis not just on scholarly excellence but also on policy relevance and dedication to students.”

More on Lisa Ouellette

Prior to her faculty appointment at Stanford Law School, Ouellette was a Postdoctoral Associate in Law and Thomson Reuters Fellow at the Information Society Project at Yale Law School (2012-present) and clerked for the Honorable John M. Walker Jr. on the U.S. Court of Appeals (2013-present). She also clerked for the Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit (2011-2012). She holds a JD (2011) from Yale Law School, where she was an Articles Editor of The Yale Law Journal, a Coker Fellow in Contract Law, and Director of the Yale Chapter of Universities Allied for Essential Medicines. She earned a Ph.D. (2008) in physics from Cornell as well as a B.A. (2002) in physics from Swarthmore College.

More on 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.

Law Students Encouraged To Focus on Who They Want To Be

Photo by GradImages

Photo by GradImages

“Stanford is not about where you are from, but where you want to be,” said Nikolas Maria Guggenberger as he addressed the crowd of more than 1,500 people gathered in Canfield Courtyard for Stanford Law School’s graduation ceremony on Saturday, June 14, 2014.

Over the course of the morning ceremony, the Class of 2014 was encouraged not just to focus on where they wanted to be, but who they wanted to be. They were urged to care, to look beyond achievements and most importantly to bring their best game to life.

 M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean, kicked off the festivities by welcoming family and friends of the JD and Advanced Degree students and introducing the first of two student speakers, Guggenberger, who was selected by the international students to deliver remarks.

Nikolas Maria Guggenberger taking a "spelfie"

Nikolas Maria Guggenberger taking a “spelfie”

Assuring the crowd that, as a foreigner, the NSA was listening to his speech, Guggenberger started things off on a light note by joking about what he’d learned about American culture and demonstrating by stopping the speech to take a “spelfie” (described, and possibly invented, by Guggenberger as a selfie taken during a speech).

All kidding aside, Guggenberger also noted the challenges he and his peers have faced in adopting to a new culture. “It is hard to transfer from a system in which legal doctrine is everything and reality nothing, to one in which an empirical study may be the Holy Grail and doctrine seems to be the 17-ounce soda to Michael Bloomberg,” he said.

Guggenberger noted that those challenges were lessened by the experiences offered at SLS, such as the time he was invited to a surprise Q&A session with former President George W. Bush accompanied by Professor Condoleezza Rice, to the road trips taken with his classmates. Even the late-night library study sessions would be something Guggenberger would cherish about his time at SLS. In the end, Guggenberger said he learned that “Stanford is a mindset.”

Mark Feldman, selected on behalf of the JD students, took the podium next.

Mark Feldman Photo by GradImages

Mark Feldman
Photo by GradImages

Feldman had come to SLS from rural Morocco, where he had witnessed first-hand people’s need for an effective advocate. Upon arriving at SLS, however, he wasn’t sure how “vigorous debate about joinder rules and the rule against perpetuities” factored into that goal.

“I couldn’t see the connection between Rule 20, Pennoyer and the people I wanted to help. I couldn’t bring myself to give a damn,” Feldman said.

It was during his 1L summer when that began to change.

That summer, he visited three men on death row. Each had suffered from mental illness and had been severely abused as children, and they had all received terrible legal representation. Feldman asked one of the men what made a good attorney. The man responded, “A good attorney is someone who cares.”

This answer caused Feldman to reflect on the state of the legal profession and his legal education. “Time and again, I found myself meeting people in desperate, vulnerable places. And time and again, I saw the great, unmet need for legal services,” he said. “I learned that there are some terrible lawyers out there, and there are some terrible judges out there, and too many people are in prison—not because of the heinous nature of their crime, but because some lawyer or some judge or some agency official gave up on them, didn’t care enough, and more often than not they were too poor to hire someone to put up a fight. Suddenly I found myself caring—deeply—about every seemingly insignificant rule, down to the italicized periods—anything that contributed to this. And I remember thinking, this was exactly what I came to law school to learn.”

Associate Dean for Public Service and Public Interest Law Diane Chin   Photo by GradImages

Associate Dean for Public Service and Public Interest Law Diane Chin
Photo by GradImages

Following Feldman’s speech, class co-president’s Faris Ali Mohiuddin and Rachel Alicia McDaniel presented the awards for 2014. McDaniel received the Dean’s Award for Excellence in Service to Stanford Law School and Diane Chin, associate dean for public service and public interest law, received the Staff Appreciation Award.

Norman Spaulding, the Nelson Bowman Sweitzer and Marie B. Sweitzer Professor of Law, was then presented with the John Bingham Hurlbut Award for Excellence in Teaching.

In his speech, Spaulding stressed the need for students to see beyond the quid pro quo of achievement. “It is easy for a day like this to slip away, to pass too quickly, to live on more in the pictures that will be taken than in your active memory,” he said. “One reason for the fragility of this moment is that, like so many lawyers before you, you are by habit of mind and years of repetition all too well accustomed to burying one achievement in the construction debris of the next to come.”

Professor Norman Spaulding  Photo by GradImages

Professor Norman Spaulding
Photo by GradImages

Spaulding urged students to take the time to slow down and celebrate their achievements. “I do admire how connected you are to each other, but your generation is especially prone not to pause, not to stop to allow nothing to happen.”Citing the famous Seinfeld episode where Jerry and George come to the realization that a show “about nothing” might actually be something, “there is insight to be found in the emptiness of open observation and reflection,” Spaulding said. “Freed from machines and direct labor the deeper faculties of the mind – the original and still most powerful electronic device you own – light up.”

Spaulding clarified that it is not that he thinks students should seek to do nothing, “rather that today is a very good day to pause and think seriously about your disposition toward doing, particularly your disposition toward achievement,” he said. “You are to be lawyers – much of what you will do, much of what you accomplish, certainly the most important things you accomplish as lawyers, will not be for yourselves in the first instance, but rather for the clients you serve. We represent the interest of others. So we need to be particularly conscious of our disposition toward achievement.”

In closing, Spaulding told students to recognize the moment they were in.

“Wherever you think you are going, wherever you want to be, right now you are nowhere but here, surrounded by people who love you and have nurtured you – people who, like me, are more proud of you than words can explain.”

Dean Magill closed the ceremony with the charge to the class.

Dean M. Elizabeth Magill  Photo by GradImages

Dean M. Elizabeth Magill
Photo by GradImages

“Given your talent, your spirit, your grit, your creativity, you should, you must, and you are obligated to pursue big dreams,” she said.

Magill challenged the class to bring their best game. Citing athlete Michael Phelps’ intense training regimen, she explained that the graduates had to likewise ‘train’ to live the lives they wanted, and that meant they had to take care of themselves.

“If it is obvious that high-stakes performances require intense training to assure that the performer is at her best, it should be just as obvious that the goal of living a meaningful life requires that too,” she said. “If you want to do work that matters, and build a satisfying life, you have to bring your best game.   And the simple truth is that you cannot do that unless you take care of yourself. That requires you to both understand and nurture yourself.”

Magill continued that that included understanding one’s limits, specifically the superhero myth. “This is the view that you can (and should) do everything. That doing more is always better, that there are no limits to your capacity. This is not a good training technique.”

Magill then asked the class to think about their own role models. “Do you think that any of them could have made the difference they have made without tending to themselves, without doing the equivalent of training?” she asked. “I don’t think so. They brought their best game to life and that allowed them to do what they did. So please, when you are not tending to yourself, remember that.”

You can view the entire album of SLS Graduation photos at http://stanford.io/1q4GQW8. To view videos from the ceremony go to: http://stanford.io/1jwIkDk.

Leading Criminal Law Scholar David Sklansky Joins Stanford Law School Faculty

STANFORD, Calif., June 10, 2014 -Stanford Law School today announced that criminal law expert David Sklansky, currently the Yosef Osheawich Professor of Law at Berkeley Law School, will join the Stanford Law School faculty as professor of law, effective summer 2014.

Photo by Bobby White

Photo by Bobby White

Sklansky is an experienced teacher and practitioner, with expertise in criminal law, criminal procedure, and evidence. Prior to his time in academia, he worked as an assistant U.S. attorney in Los Angeles, where he specialized in white-collar fraud prosecutions and also served as special counsel to the independent review panel appointed to investigate the Los Angeles Police Department’s Rampart Division scandal.

“David Sklansky is a rare talent. As a scholar, he has influenced our thinking because he combines deep experience in and understanding of the key actors and institutions in the criminal justice system with the ability to identify where that system goes wrong, and how it could go right. He is also an astonishing teacher and mentor to his students,” said M. Elizabeth Magill, Richard E. Lang Professor of Law and Dean of Stanford Law School. “We are overjoyed that he will now call Stanford Law School home.”

A prolific scholar, Sklansky is the author of a well-regarded evidence casebook, Evidence: Cases, Commentary, and Problems, and he has written extensively about criminal procedure and policing. Other recent publications include “Evidentiary Instructions and the Jury as Other,” Stanford Law Review (2013); “Crime, Immigration and Ad Hoc Instrumentalism,” New Criminal Law Review (2012); “Private Police and Human Rights,” Law & Ethics of Human Rights (2011); “Hearsay’s Last Hurrah,” Supreme Court Review (2009); and “Is the Exclusionary Rule Obsolete?” Ohio State Journal of Criminal Law (2009).

“For two decades David Sklansky has been one of the national superstars in
the fields of Criminal Law, Criminal Procedure, and Evidence,” said Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law. “After serving as a federal prosecutor, he brought his rich knowledge of criminal justice institutions to the academy, where he has done innovative research and writing on topics including the political science of policing, the regulation of jury deliberations, the application of the Fourth Amendment to new surveillance technologies, the relationship between criminal justice and immigration laws, and the state of our hearsay laws.”

An admired teacher, Sklansky has won campus-wide Distinguished Teaching Awards at both UCLA and Berkeley. Sklansky was also a visiting professor at SLS in 2011.

“I’m thrilled to be joining the Stanford Law School faculty, which includes so many scholars and teachers I have admired for years,” Sklansky said. “Having taught at the law school as a visitor, I know how extraordinarily well it combines scholarly excellence with a deep commitment to training students who will make a difference. I’m particularly excited by the important, cutting-edge work the school is doing in criminal justice. I’m looking forward to the opportunity to be part of that.”

More on David Sklansky

Prior to his faculty appointment at Stanford Law School, Sklansky was a member of the Boalt Law faculty (2005-present) and UCLA School of Law faculty (1994-2005). He also practiced labor law at Bredhoff & Kaiser (1987-1994) and clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit and for U.S. Supreme Court Justice Harry Blackmun. Sklansky holds a JD (1984) from Harvard Law School and AB from UC Berkeley (1981).

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.