Monthly Archives: March 2017

Talk of Calexit is a loser

David Carrillo writes for San Francisco Chronicle, March 11, 2017

There is only one narrow path to secession: amending the U.S. Constitution, which requires approval by two-thirds of Congress and 38 of the states. This is a high bar — it has only happened 17 times in 226 years. Calexit does nothing to start that process. And even if that overwhelming consensus could be achieved here, it would be disastrous.

The case for tenured voting

Steven Davidoff Solomon quoted by TechCrunch, March 10, 2017

The challenge, says Steven Davidoff Solomon … is that “it takes time and you need a first mover.” While the structure would “motivate institutional shareholders by rewarding them,” tech companies can “be lemmings,” says Solomon. Just like Google opened the “floodgates” for dual-class voting structures, he notes, another breakout company would need to set the direction with tenured voting.

 

In Chicago, bad policing doesn’t stop crime

Franklin Zimring cited by The Chicago Tribune, March 10, 2017

In his new book, “When Police Kill” … 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. Philadelphia, like Los Angeles, is proof that more restraint does not equal more crime.

 

Governor can shape his state high court legacy with next justice

David Carrillo quoted by Daily Journal (registration required), March 10, 2017

“Filling Justice Werdegar’s seat will create an undisputed majority of four Brown appointees,” said David A. Carrillo. … “If he keeps with past practice and appoints someone young, we could see a Brown majority on the court that lasts for 20 years. That’s a legacy.”

 

Brown will replace his stamp on the high court, partisanship aside

David Carrillo cited by The Sacramento Bee, March 9, 2017

An analysis by David A. Carrillo … shows that the justices rarely diverge, party notwithstanding. Liu, for example, has voted with Republican appointees between 92 and 98 percent of the time. Werdegar votes with Liu and Cuéllar 98 percent of the time, and 97 percent of the time with Kruger. U.S. Supreme Court justices split far more frequently.

Tech workers electing to use skills in politics

Sonia Katyal quoted by San Francisco Chronicle, March 9, 2017

“There is a much greater number of individuals who probably would have just entered the tech sector, who are now thinking of themselves as political leaders — purely to stem the tide of what’s happening in Washington,” Katyal said.

President Trump and executive power

Daniel Farber, John Yoo, and Peter Schuck interviewed by World Affairs: Conversations that Matter, March 9, 2017

 

Farber: “The question of whether he can terminate a treaty that’s been ratified by the Senate … is a lot harder. … As a matter of U.S. law, he can do that. The international community may or may not view that as relieving us of our international obligations. That’s a separate question.”

 

Yoo: “We have to separate what’s good or bad as a matter of policy, and what’s legal. They’re different things. …The President does have the legal authority to add and subtract who he wants to be his adviser in foreign or domestic policy.”

 

Schuck: “Congress has granted the President very broad authority in the area that was impacted by the Executive Order concerning refugees—not just refugees, but anyone coming from those countries for a period of time.”

Will Trump roll out the big guns on Second Amendment issues?

Franklin Zimring and Jonathan Simon quoted by California Magazine, March 8, 2017

“It’s a matter of personnel more than principle,” Zimring says. “Trump wants to nominate Supreme Court justices who will push for expansion of Second Amendment interests, not limits.  It can be assumed that [recent Trump Supreme Court nominee Neil] Gorsuch would move in that direction.”

“Most gun laws are written at the local level,” says Simon, “and it would take the Supreme Court a very long time to say the states can’t regulate at all. And while it’s possible a more conservative court would move more aggressively on Second Amendment cases, we’re a long way from that point.”