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On December 10, 1991, East Palo Alto resident Rick Walker was convicted of a murder he did not commit. Linked to the crime by false testimony and questionable legal tactics, Walker would spend the next 12 years of his life in some of California's most dangerous prisons. Once exonerated, he would face yet another barrier to justice: the California State Legislature. Entitled to one hundred dollars for every day spent falsely imprisoned, Walker's attempts to receive his just due became caught in the partisan battle over the 2003
California budget.

$100 a Day examines this story of gross injustice, political partisanship, and the heroic struggle to prove Walker's innocence and help him rebuild his life. Associate Dean Larry Marshall, who co-founded and served as legal director of the world-renowned Center on Wrongful Convictions, where he represented many wrongly convicted inmates, will introduce the documentary.  After the screening, Professor Juliet Brodie, Director of the Stanford Community Law Clinic, will moderate a panel featuring:

  • Rick Walker
  • State Senator Joe Simitian
  • filmmaker Gwen Essegian

Co-sponsored by the Levin Center for Public Service and Public Interest Law; Haas Center for Public Service; Center on Philanthropy and Civic Society; Stanford Law School Criminal Law Society; American Constitution Society; Stanford Journal of Civil Rights and Civil Liberties; Stanford in Government; and the Program on Human Rights, CDDRL.

Stanford Law School
Room 280B

Larry Marshall Associate Dean Commentator Stanford Law School
Juliet Brody Director Commentator Stanford Community Law Clinic
Rick Walker Panelist
Joe Simitian California State Senator Panelist
Gwen Esseglan Filmmaker Panelist
Conferences

Focus

In 2008, for the first time a majority of the world's population lived in cities. Rapidly rising standards of living and migration are contributing to an unprecedented worldwide surge in urbanization--in China alone, if trends continue, by 2025 more than 220 cities will each have more than one million inhabitants. The explosive growth of cities around the Pacific has widespread implications for energy use and has led to the demand for cities to become both smart and green.

But while billions of dollars of investments are pouring into urban energy solutions, and around the Pacific "low-carbon cities" and "eco-cities" are moving center stage, there are enormous challenges (and opportunities) facing the effective application of information technologies (IT), other innovative technologies and industrial growth.

The intersection of IT and environmental sustainability on the urban scale will require a complex integration of expertise, tools, and know-how from multiple disciplines--from building design and real estate development, to mobility and water systems, IT hardware and software, and energy providers. Although innovations in strategies and implementation are evolving quickly in pockets of excellence around the globe, early results have been highly uneven. Frameworks for understanding and analysis are still fragmented, innovative design and implementation rapidly changing, and best practices have yet to be defined.

Purpose
Led by SPRIE at Stanford University, this conference aims to gather an elite group of experts, decision makers, and thought leaders from across disciplines and geographical boundaries to focus on smart green cities around the Pacific. Participants will:

  • Pursue a deeper understanding of the complex interactions among the key drivers that impact the extent that cities are green and smart
  • Focus on core challenges of capitalizing on opportunities and overcoming obstacles--technological, economic, behavioral or political
  • Explore what innovations in strategy or practice are leading to positive outcomes, including human livability, financial viability, economic vitality, and environmental sustainability
  • Discuss implications for the evolution of markets and development of industries 
  • Lay the groundwork for future actions, such as industry strategies, research agendas, and policy recommendations

Participants
"Smart Green Cities" will invite a select group of government, business, and academic leaders from the United States and Asia for two days of expert presentations and fruitful discussion at Stanford University. The summit will enable participants to better lead to improved strategy, action, and outcomes for building the next generation of smart green cities.

Agenda
Agenda is preliminary and not all speakers are confirmed. Please download below

 

Sponsors
Many thanks to our sponsors for making this event possible. 

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Stanford Institute for Economic Policy Research (SIEPR)
John A. and Cynthia Fry Gunn Building
366 Galvez Street
Stanford, CA

Conferences
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Professor Jenny S. Martinez is a leading expert on international courts and tribunals, international human rights, and the laws of war. Her scholarship focuses on the role of courts and tribunals in advancing human rights, ranging from her work on the all-but-forgotten 19th-century international tribunals involved in the suppression of the trans-Atlantic slave trade through her work on contemporary institutions like the International Criminal Court and the role of courts in policing human rights abuses in the "war on terror." An experienced litigator, she argued the 2004 case of Rumsfeld v. Padilla before the U.S. Supreme Court, seeking to clarify the constitutional protections available to post-9/11 "enemy combatants" who are U.S. citizens. Professor Martinez was named to the National Law Journal's list of "Top 40 Lawyers Under 40" and the American Lawyer's "Young Litigators Fab Fifty." She serves on the board of directors for the Open Society Justice Initiative and has served as a consultant on international human rights issues for both Human Rights First and the International Center for Transitional Justice.

Before joining the Stanford faculty in 2003, Professor Martinez was a senior research fellow at Yale University and an attorney at Jenner & Block. She clerked for Justice Stephen Breyer (BA '59) of the U.S. Supreme Court and Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit; she was an associate legal officer for Judge Patricia Wald of the United Nations International Criminal Tribunal for the former Yugoslavia.

Stuart Graham Lounge-4th Floor
Encina Hall West

Jenny Martinez Professor of Law Speaker Stanford University
Workshops
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The extent and existence of "defensive medicine" -- excessive medical care to defend a physician against malpractice claims -- is a perennial subject of both policy and academic debate.  For example, malpractice liability and associated defensive medicine are among the most-cited reasons for escalating health-care spending in the United States.

In this colloquium, Dr. Brian Chen will present results from his research investigating the extent of defensive medicine in Taiwan. He studies the impact of a series of court rulings in Taiwan that increased physicians’ liability risks, and a subsequent amendment to the law that reversed the courts’ rulings, on physicians’ test-ordering behavior and propensity to perform Caesarean sections.  He finds that physicians faced with higher malpractice pressure increased laboratory tests as expected, but unexpectedly reduced Caesarean sections.  (The reduction in Caesarean deliveries may be due to the fact that liability risks were more closely aligned with physicians’ standard of care after the court rulings.) After the law was amended to negate the court decisions, physicians reversed their previous behavior by reducing laboratory tests and increasing Caesarean deliveries.

This pattern of behavior is highly suggestive of the existence of defensive medicine among physicians in Taiwan. In other words, by studying physicians' response to legal changes in Taiwan, we find that greater malpractice liability may, under certain circumstances, prompt physicians to perform more services without necessarily improving patient health.

Dr. Brian Chen recently completed his Ph.D. in Business Administration in the Business and Public Policy Group at the Haas School of Business, University of California at Berkeley. He received a Juris Doctor from Stanford Law School in 1997, and graduated summa cum laude from Harvard College in 1992.

Philippines Conference Room

Brian Chen Shorenstein-Spogli Fellow in Comparative Health Policy Speaker
Seminars
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On May 10-11, 2010 the Program on Arab Reform and Democracy at CDDRL held its inaugural international conference. In line with the Arab Reform Program’s vision, the conference featured internationally renowned scholars, activists, and practitioners from the Arab world, Europe, and the United States.

Over the two days, conference participants engaged in multidisciplinary debates addressing hard politics as well as soft politics, and analyzing political reform from different angles, with panels on the economy, state systems, the media, civil society, political opposition, youth politics, and the role of international actors. Problems facing political reform in the Arab world today were discussed and scrutinized, as were possible paths forward. The conference debates unearthed the need for a deep understanding of the problems facing political reform in region that is driven by an analysis of long-term and often ignored issues that are at the core of political developments. The debates also highlighted that problems and prospects for reform are different in each Arab country because each country has its own unique set of issues and because within each country different ethnic groups, classes, and locales have different takes on and stakes in political developments. The conference closed with a speech by Dr. Saad Eddin Ibrahim.

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On May 10-11, 2010 the Program on Good Governance and Political Reform in the Arab World at CDDRL held its international inaugural conference. In line with the Arab Reform Program's vision, the conference featured internationally renowned scholars, activists, and practitioners from the Arab world, Europe and the United States. Over the two days, conference participants engaged in multidisciplinary debates addressing hard politics as well as soft politics, and analyzing political reform from different angles, with panels on the economy, state systems, the media, civil society, political opposition, youth politics, and the role of international actors. Problems facing political reform in the Arab world today were discussed and scrutinized, as were possible paths forward. The conference debates unearthed the need for a deep understanding of the problems facing political reform in the region that is driven by an analysis of long-term and often ignored issues that are at the core of political developments. The debates also highlighted that problems and prospects for reform are different in each Arab country because each country has its own unique set of issues and because within each country different ethnic groups, classes, and locales have different takes on and stakes in political developments. The conference closed with a speech by Dr. Saad Eddin Ibrahim.

Bechtel Conference Center

Conferences

Discourse on American public diplomacy has been traditionally focused on use of the broadcast media by the US government, such as Voice of America, to reach out to audiences in the Middle East and other regions. For example, much has been written about initiatives such as Radio Sawa and Al-Hurra television, and their struggles to gain credibility among Arab audiences.

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On February 17, 2010 the Program on Good Governance and Political Reform in the Arab World at CDDRL held its inaugural seminar with Prof. Philippe C. Schmitter, Professor Emeritus, European University Institute, Florence and Visiting Scholar at CDDRL and Dr. Sean Yom, Hewlett Postdoctoral Fellow at CDDRL.

The seminar was titled Exploring the missing link between liberalization and democratization in the Middle East. The seminar aimed to start a public discussion on one of the routine assumptions of students of democratization, which is that there is a close, causal relationship between liberalization and democratization. The former is said to drive those who concede it toward convoking credible elections and, eventually, tolerating ruler accountability to citizens. The link between those processes of regime transformation is alleged to be the mobilization of civil society. It has been argued that the weakness or absence of this linkage is one (among many) of the conditions which make the polities of the Middle East and North Africa resistant to democratization.

In his response to this argument, Philippe Schmitter began by saying that in the work that he started on Southern Europe and Latin America, there was a distinction between democratization and liberalization. Once an autocratic regime enters a process of liberalization, it faces unexpected consequences. Thus, the most vulnerable time for a regime is when it starts to reform itself. Some of the consequences of this process are the resurrection of civil society, more freedom of expression and movement, the release of political prisoners and the freer operation of political parties. Such consequences are what liberalization means.

Schmitter argued that all autocratic regimes have tried this process, and that this process is normally triggered by divisions within the regimes or succession struggles, where regimes feel the need to open up. The kind of liberalization that takes place depends on the type of autocracy present. But the objective of liberalization, Schmitter said, is to coopt and produce a large social basis for autocracy, for example, through cultivating political parties that agree not to be too oppositional.

Schmitter added that many autocracies are under pressure from external regimes. Most of the countries in the Middle East have some kind of agreement with the EU for example, which carries clauses on issues like the rule of law. Another factor is that liberalization is selective in its inclusion, focusing on the urban middle class. It is thus "voluntary", conceded from above by the regime, and not based on any form of mobilization from below. In other words, Schmitter argued that regimes choose to liberalize and are not forced to do so. Thus, regimes are limited in their scope of liberalization (elections for example are not always genuinely free). He then presented a scale of measures of autocracy liberalization, saying that the most difficult measure in the Middle East is that of releasing political prisoners, while the easiest measure is concessions on the level of human rights.

He presented the hypothesis is that almost all efforts at democratization are preceded by liberalization. This is triggered by the resurrection of civil society, which itself is triggered when the costs of repression increase quite significantly and a regime is faced with the question of is it "better" to repress or tolerate? Often, in this case, regimes choose to tolerate the self organization of groups that are not tolerated otherwise. But mobilization of such groups, like lawyer groups, may lead to mobilization on the street. Schmitter said that although Arab regimes liberalize, this kind of process does not normally happen in the Middle East. Liberalization occurs then declines without the regimes suffering many consequences. He finished by stating that there seems to be something in the Middle East region that encourages liberalization, but that leads this liberalization to decline.

Sean Yom responded by saying that for the last 10 years, scholars of democratization literature have made ethnocentric assumptions about this issue. He argued that it is almost assumed that democracy is easy, but what actually happens at the end stage of liberalization is complex. He said that if we take a historical view of the Middle East, the literature says that regimes are durable. But countries like Iran, Iraq, Libya and Syria have all witnessed regime termination. The dictators today in the Arab world are merely the winners of the state-building process.  So why is liberalization not followed by democratization for these survivors?

Yom argued that distinctive regimes have distinctive ways through which they liberalize but not democratize. He related the lack of democratization following on from liberalization to two key questions: Why are there no elite splits in the public arena during times of crisis? And why has the middle class not staked any sacrifice to demand more of a democratic and revolutionary change?

He presented two reasons: the first is that many current regimes have well institutionalized methods of dealing with elite splits before they hit the public domain. Hegemonic ruling provide one such mechanism. The National Democratic Party in Egypt, the Neo-Destur of Tunisia, and the Baath parties in Syria and Iraq for example were able to coopt/isolate softline elites well before their conflict became rebellion.  Yom argued that in monarchical autocracies, incumbents have just as well-institutionalized mechanisms of co-optation that revolve around the palace; such networks were developed shortly after colonial rule, and were designed to effectively enshrine a certain distribution of power.

The second reason, Yom argued, lays in the nature of social opposition.  No dictator liberalizes because they want to give up power.  That is, they do not liberalize to achieve democracy; they liberalize in order to survive in the face of burgeoning social unrest.  The problem is that in the MENA context, the so-called "middle-sector"-labor, professionals, intellectuals, and other urban forces-have not staked out sacrifice to their demands for greater freedom, when push comes to shove.  One reason is that they were incorporated into ruling coalitions early on in the state-building process, and that such early coalitional bargains that traded loyalty for prosperity have proven durable even during economic crises in the 1980s and 1990s.  For instance, large-scale employment in the public sector to certain groups is a common side-payment.  Countries like Jordan and Bahrain exploit population cleavages (the Palestinians and the Shiites, respectively, being the key factors), where the regimes operate an optimal mix of loyalty and oppression/coercion.  In these cases, leaders strategically choose to incorporate different constituents into different networks of patronage.

The presentations were followed by a question and answer sessions where additional factors were discussed and others elaborated on, such as the role of Islamists; authoritarian pacts with the West especially in the cases of "countries that are too important to be politically conditioned" as Schmitter put it, or in the case of illegal Western dealings with Middle East states which makes it difficult for the West to present them with reform conditions; the absence of independent middle classes; and the issue of political prisoners, who are the hardest to coopt by any given regime, and hence tend to be kept inside prisons.

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