Virtual CLE | The Use of History in Court Cases
Virtual CLE | The Use of History in Court Cases
Virtual Registration | WDWA-FBA Presents: Fireside Chat with Judge Robert Lasnik and Richard Rothstein
Registration for this program has now closed.
The Supreme Court has recently adopted a jurisprudence giving “history and tradition” a central role in its constitutional decision-making. Cases involving the Second Amendment, affirmative action, redistricting, and Religion Clause now turn on inquiries about British and American history that run as far back as the 14th century. Historians have their own methods for formulating and resolving problems that often diverge from the types of questions that lawyers and judges seek to answer during this new mode of constitutional litigation. As a result, the question of exactly how historians should engage legal issues, and how judges and lawyers should assess and apply historians’ contributions, has become a matter of significant interest and controversy. In this panel, we will discuss the variety of problems these interactions have raised.
WHEN: November 2 | 5:00 PM
WHERE: James R. Browning Courthouse at 95 7th Street, San Francisco
& virtually over Zoom
COST: Attendance is free!
CLE Add-On: $40
HON. MARSHA BERZON
Senior Judge, Ninth Circuit Court of Appeals
DEAN ERWIN CHEMERINSKY
U.C. Berkeley School of Law
President of the William and Flora Hewlett Foundation; Dean Emeritus of Stanford Law School
Pulitzer Prize-winning author and Stanford Professor Emeritus
Court Family & Students’ Registration | The Use of History in Court Cases
In Person Registration | The Use of History in Court Cases
The availability and use of water are determined by a complicated and heady mix of public policy, federal law and regulation, and state law.
Our panel of experts will start by tracing some of the complexity of water history in California. Then, starting with the story of efforts to restore the San Joaquin River as a backdrop, and proceeding through the ebb and flow of the interplay of federal and state efforts to address the challenging San Francisco Bay-Delta ecosystem, our panel will discuss how despite the complex overlapping jurisdictional issues at play, there may be some more innovative water policy models that could lead to more progress.
Introductory Remarks by Chief Justice Tani Cantil-Sakauye, President/CEO of the Public Policy Institute of California; Former Chief Justice of the Supreme Court of California
This program will be hosted virtually only.
WHEN: October 23 | 5:00 PM Pacific
WHERE: Virtually over Zoom
COST: Attendance is free!
CLE Add-On: $40
HAMILTON CANDEE: Hal’s practice consists primarily of efforts to restore ecosystems, protect endangered species, encourage water conservation, and promote other environmental reforms in federal and state water policy. He has briefed and argued numerous cases at the trial and appellate level. Hal represents a variety of nonprofit conservation organizations as well as local public agencies.
Hal is currently a member of the Board of Directors of the NRDC Action Fund. For over twenty years, he served as a Senior Attorney in the San Francisco Office of the Natural Resources Defense Council and as Co-Director of NRDC’s Western Water Project. Previously he was a legislative assistant in the United States Senate.
Hal received a CLAY Award as one of California’s “Lawyers of the Year” in 1999 for his work pursuing restoration of the San Joaquin River below Friant Dam. He has also received the Bay Institute’s Carla Bard Bay Education award in 2008 and the Central Valley Joint Venture Conservation Award in 2015. Hal was a Root-Tilden Scholar and a Hayes Civil Liberties Fellow at New York University Law School.
BRIAN GRAY is a Senior Fellow at the Public Policy Institute of California’s Water Policy Center and is a Professor Emeritus at the University of California College of Law, San Francisco. He has published numerous articles on environmental and water resources law and has co-authored a variety of PPIC publications, including the 2011 interdisciplinary book on California water policy, Managing California’s Water: From Conflict to Reconciliation and an on-going series of studies of ecosystem-based management of water assigned to environmental uses. He also has argued before the California Supreme Court and the U.S. Court of Appeals for the Ninth Circuit in cases involving wild and scenic rivers, water pricing reform, takings, and water rights and environmental quality.
FELICIA MARCUS is the William C. Landreth Visiting Fellow at Stanford University’s Water in the West Program, an attorney, consultant and member of the Water Policy Group. She most recently served as chair of the California State Water Resources Control Board, implementing laws regarding drinking water and water quality and state’s water rights, hearing regional board water quality appeals, settling disputes and providing financial assistance to communities to upgrade water infrastructure.
Before her appointment to the Water Board, Marcus served in positions in government, the non-profit and private sector. In government, Felicia served as the regional administrator of the Environmental Protection Agency’s Pacific Southwest region during the Clinton Administration. Preceding the EPA, Marcus served as the president of the board of Public Works for the City of Los Angeles.
In the non-profit world, she was the western director for the Natural Resources Defense Council, and prior to that the executive vice president and chief operating officer of the Trust for Public Land. Marcus also has an extensive background as a private sector and public interest lawyer, as well as a community organizer, most notably as a founder and general counsel to Heal the Bay.
DR. TERRY YOUNG (Moderator) has dedicated her professional life to protecting the environment. From 2006 – 2019, she was a member of the San Francisco Bay Regional Water Quality Control Board, serving as Chair from 2014 – 2019. For nearly four decades prior to her service on the Board, Dr. Young advised Bay Area environmental organizations and selected corporations on environmental science and policy, primarily in the areas of water pollution, ecological indicators, and the use of economic incentives. Dr. Young also was an appointed member of the U.S. Environmental Protection Agency’s Science Advisory Board for twelve years, where she chaired the Ecological Processes and Effects Committee and was a member of the Executive Committee. In addition, Dr. Young served on panels of National Research Council; helped to develop “The State of the Nation’s Ecosystems” in 2002 and 2008 for the H. John Heinz Center for Science, Economics, and the Environment; and was a member of the Washington State Academy of Sciences Committee on Puget Sound Indicators. Dr. Young holds a Ph.D. in Agricultural and Environmental Chemistry from the University of California, Berkeley and a B.A. in Chemistry from Yale University.
CA CLE credit provided by Hughes Hubbard & Reed
Read the latest double issue of Western Legal History entitled “Water” for 14 terrific articles.Read Western Legal History Vol 33: Water
Watch these program recordings:Water Sharing In The West Water Law in the Colorado River Basin
*Both programs will also be available virtually over Zoom.
In support of the NJCHS’ oral history mission we have started to create Tribute pages to honor the lives and legacies of judges who are no longer with us. These pages provide links to the Judge’s oral histories (if available) and information about important cases the judge presided over, but also allow for former law clerks, colleagues, and family to add pictures and recollections that create a fuller and more lasting picture of the Judge, and his or her legacy.
We hope you will submit your own memories of the Judge to help others understand the Judge’s impact on the law and on those who were his clerk “family.”
Please note: our form does not accept video submissions or files larger than 200MB. However, we would love to feature videos on Judge Ronald S. W. Lew’s tribute page. If you have a video or a larger file you would like to share, you can submit it here! Photos and written tributes can be uploaded below.
Want to support the NJCHS in this project and in our larger mission? Donations are greatly appreciated!
If you prefer to send your donation by check, please make it out to the NJCHS
and send it to: 95 7th Street San Francisco, CA 94103.
Please include the judge’s name in the memo so that we can be assured of adding your name to the Tribute.
NJCHS GALA 2023 | GENERAL REGISTRATION (Virtual Attendance)
*Unfortunately, we are required to assess a 3% processing fee for credit or debit card transactions, which is included in all prices listed on this form. If you would prefer to pay by check and avoid this fee, please download and complete this form.