Tuesday, July 25, 2017

Civil Suit Against the Trump Campaign Just Might Succeed

By Professor John T. Nockleby

This op-ed originally appeared in the San Francisco Chronicle.

Three American voters have filed a civil lawsuit against the Trump campaign and onetime campaign adviser Roger Stone that has the potential to transform the investigations of Trump’s connections to Russian hackers during the 2016 presidential election. This lawsuit might succeed where others have not in exposing the Trump campaign’s alleged involvement in disseminating the emails stolen from the servers of the Democratic National Committee.

The lawsuit alleges what amounts to a quid pro quo agreement between the Trump campaign and the Russian government to secure Trump’s election in exchange for upending U.S. policy toward Russia.

While the U.S. Department of Justice and Congress are also investigating Russia’s interference in our election and potential Trump campaign or associate involvement, there are a number of critical differences between the FBI’s criminal investigation and the conspiracy lawsuit.

First, because it is a civil conspiracy as opposed to a criminal case, there will be a lower standard of proof to show agreement between the Russians and the Trump team. The plaintiffs would generally try to show this agreement through circumstantial evidence.

Read the complete op-ed.

Wednesday, July 5, 2017

Trump Can Make 'Buy American' More Than A Slogan. Just Enforce A 1980 Law

By Professor Justin Hughes
Hon. William Matthew Byrne, Jr. Chair

This op-ed originally appeared in the July 3, 2017 edition of USA Today

China is not manipulating its currency to our detriment, and NAFTA is a good thing for the U.S. economy. But Donald Trump has been right in his basic observation — as both candidate and president — that we need to do more to address our country’s trade deficit, how other countries "game" international trade, and how American jobs move offshore. Trump may not realize it but he could advance his “Buy American and Hire American” goals by activating a policy tool already buried in U.S. patent law.

Year in and year out, the federal government has spent tens of billions of dollars supporting scientific and technological research —­ for example, more than $131 billion in 2015 alone. Before 1980, federal agencies had different policies on inventions resulting from this federally funded research, with most of them reserving any patent rights to the federal government. That meant there was a vast trove of inventions collecting dust in government files: As of 1980, there were 28,000 patents held by the government this way — and fewer than 4% had been licensed for commercial use. While many of those were patents on military technology — and shouldn’t be licensed — there was clearly underutilization of a vast technological portfolio.

Read the full op-ed here >>

Monday, July 3, 2017

On Independence Day, Professor Sees Hope in Constitution

By Professor Gary C. Williams
Johnnie L. Cochran, Jr. Chair in Civil Rights

As Independence Day approaches I am apprehensive. Terms such as “Muslim ban” and “fake news” are bandied about with impunity. The concepts of “extreme vetting” and building a wall alarm me. At the same time I am grateful. Three essential building blocks in the foundation of this nation - freedom of the press, the right to petition the government for redress of grievances, and the right of free speech - are at the forefront as we confront today’s challenges.

The press has been courageous in fulfilling its role under the first block. It has reported truthfully the actions of politicians of all stripes. It is reporting on, and investigating, Russian interference with our elections. And despite presidential claims that the press is “the enemy of the people,”[1] it has persisted in reporting on the actions and misrepresentations of our government and its leaders.

Our profession has seen some of its finest moments helping the defenseless utilize the second building block – the right to petition the courts for redress of grievances. Lawyers volunteered to represent people caught in the dragnet cast by the “Muslim ban.” Lawyers toiled from dawn to midnight crafting briefs challenging the worst aspects of that ban. And our courts have, thus far, remained steadfast in enforcing the principles of equal protection and freedom of religion - holding that a ban based upon religious affiliation violates the basic tenets of the Bill of Rights.

Dr. Martin Luther King once declared: “Every person of humane convictions must decide on the protest that best suits his [and her] convictions, but we must all protest.”[2] The ability to protest is protected by the third building block, the right of free speech. Americans have exercised that right by showing up at airports to protest the “Muslim ban.” And Americans poured out in unprecedented numbers to protest the political acceptance of sexist language and behavior.[3]

Our nation is not perfect. The Constitution that contains those building blocks at one time condoned slavery and denied women the right to vote. During World War II it allowed American citizens of Japanese descent to be imprisoned solely because of their race. But those building blocks made it possible to correct those errors. Today I see hope for our future.

[1] Trump Embraces ‘Enemy of the People,’ a Phrase With a Fraught History, New York Times, ANDREW HIGGINS, February 26, 2017
[2] Dr. Martin Luther King, 1967
[3] More than 500,000 in Washington D.C., and 400,00 in New York city alone. Women’s March Highlights as Huge Crowds Protest Trump: ‘We’re Not Going Away,’ ANEMONA HARTOCOLLIS and YAMICHE ALCINDOR, New York Times, January 21, 2017