Monthly Archives: February 2017

Criminologist Franklin Zimring on reforming police use of force

Franklin Zimring interviewed by KQED-FM, Feb. 28, 2017

“Before the middle of 2014 … it was an important problem that was below any real policy visibility as something distinctive and national and large. And then, all of a sudden: It was important to people, and then the data started. But it was still the case that any discussion of what to do about police use of lethal force was enormously handicapped by the fact that there was very little empirical data.”

Shareholder activism at Arconic points to a new wave

Steven Davidoff Solomon writes for The New York Times, Feb. 28, 2017

This is the new shareholder activism. The low-hanging fruit, and tricks like selling the company or spinning off a business, are drying up. Instead, a few shareholder activists are now trying something much harder — actually digging into the operations of a company and working to turn it around.

Google lawsuit could be a fatal setback for Uber’s self-driving dreams

Robert Merges quoted by The Guardian, Feb. 25, 2017

Google could win a “head-start” injunction against Uber, preventing the company from working on the disputed LiDAR technology for as long as it took Google to develop, according to Robert Merges. … For Uber to “sit on the sideline” for three to five years while its competitors race to market would be a “very significant setback,” Merges said.

Legal scholarship highlight: The Supreme Court, the media and public opinion

Katerina Linos writes for SCOTUSblog, Feb. 24, 2017

We found that the Supreme Court can shift Americans’ views – and did in fact significantly increase the popularity of the individual mandate. This effect, however, is driven by one-sided media coverage – by a choice media outlets often make to treat Supreme Court decisions with far more deference than they treat presidential and congressional choices. Given sufficient media coverage for a particular court case, this choice on the part of the media means the court does have the ability to lead public opinion.

Are cyber lawyers poised to play bigger role in M&A?

Steven Davidoff Solomon quoted by Bloomberg BNA, Feb. 23, 2017

Proving a material adverse event often requires battling in court over questions like whether an incident was “significant” and “durational,” said Davidoff, who has written in the past that about the Yahoo/Verizon deal. He noted that it’s not at all clear whether data breaches — even of the size disclosed by Yahoo — would rise to that level.

Democratic National Committee looks to future, picks new leader

Jennifer Granholm interviewed by KQED-FM, Feb. 23, 2017

“Now the Democrats are in the minority, and you need a strong voice to be able to be the party of the opposition, of the resistance. The profile in terms of the elevation of the position certainly has grown and will continue to be very important moving forward.”