Monthly Archives: March 2017

Should agencies decide law? Doctrine may be tested at Gorsuch hearing

Steven Davidoff Solomon writes for The New York Times, March 14, 2017

The doctrine is now in the spotlight because one of its most prominent critics is none other than Judge Gorsuch.

His view is very different from that of the conservative giant he would replace on the bench, Justice Antonin Scalia, who died last year. Justice Scalia loved Chevron deference…. Judge Gorsuch, however, came out swinging against the doctrine in an opinion last year on the grounds that it gave too much power to federal agencies.

The SF Bay-Delta is invaluable. What will happen to it under Trump?

Holly Doremus quoted by California Magazine, March 14, 2017

“It’s clear the administration is no fan of the EPA and its mission, and it seems highly likely that the EPA budget will be cut severely. It’s also likely that under Trump, the EPA won’t be pushing states to do what they don’t want to do. We think of California as a progressive state, but that’s not completely the case when it comes to water. The San Joaquin Valley farmers are powerful, and they want the water. Senator Feinstein wants to give them that water, and it seems likely she’ll be able to deliver more to them.”

Steve Chapman: In Chicago, hard truths must be faced

Franklin Zimring cited by Omaha World-Herald, March 14, 2017

In his new book, “When Police Kill,” University of California, Berkeley law professor Franklin Zimring notes that Philadelphia drastically reduced the number of civilian deaths at the hands of police — from 15 in 2007 to four in 2014 and two in 2015. Yet the crime rate last year was the lowest the city had seen since 1979.

La culture, c’est les autres

Leti Volpp quoted by Le Courrier, March 14, 2017

“It is not a question of defending cultural relativism, where criticism of other cultures would be prohibited and feminist values should be discarded. What I am suggesting is that we look at the way in which all cultures, including our own, are both patriarchal and characterized by resistance to such patriarchy.”  The key to a decolonization of feminism is to “listen carefully, to become aware of one’s own limits, and not to address others convinced of one’s own superiority.”

When a common sedative becomes an execution drug

Megan McCracken quoted by The New York Times, March 13, 2017

“The states will be watching the legal proceedings out of Ohio, but also the on-the-ground experiences out of Arkansas, Virginia and elsewhere,” said Megan McCracken, who specializes in lethal injection litigation. … “Time and time again when you see executions with midazolam, you see, at best, surprises and, at worst, very bad executions.”

Encourage vaping to help reduce smoking

­­Stephen Sugarman writes for RegBlog, March 13, 2017

Because vaping does not involve smoke from a burned leaf, it is dramatically less dangerous than is smoking, according to current evidence. Indeed, public health officials in the United Kingdom, estimate that vaping is 20 times less dangerous than smoking. In addition to being less dangerous than smoking, vaping also has proven to be an effective smoking-cessation strategy.