Bertrall Ross

The tipping point: Can American institutions be saved?

Daniel Farber, Amanda Tyler, Bertrall Ross, James Dempsey quoted by California Magazine, Jan. 23, 2018

Farber: To function, government relies on the expertise of professionals whose skills and knowledge are developed over years or decades, says Farber, and these veteran employees are now leaving the federal government in droves. … Crucial agencies and departments are being hollowed out.

Tyler: “We’re 200 years into this experiment [of a constitutional republic], and its continued success depends in very great measure … on a fundamental respect each branch of government demonstrates for the roles the other branches play. His attacks on judicial decisions and judges are troubling in regard to this basic truth of our governmental structure.”

Ross: “Journalists have been the watchdog of government throughout history. … So when the nation’s leader attacks the media, makes a point about sowing doubt, it diminishes this crucial watchdog role. Also, the media itself is becoming polarized, and that can be seen as delegitimizing. Ultimately, leaders can be held less accountable.”

Dempsey: “We’ve devoted some private money [to funding AI research], but we have no national commitment. China has made such a commitment, and it worries me. Whoever gets there first will have significant control of the global economy, and probably the military edge as well.”

Supreme Court to review affirmative action case

Bertrall Ross quoted on ABC7 News, March 25, 2013

Bertrall Ross teaches law at UC Berkeley. “The two laws are very similar to each other and given the similarities, I would say that whatever the court says about Prop. 2 would have the same impact on Prop. 209,” he said.

Shelby County v. Holder and the second-guessing of Congress

Bertrall Ross writes for Alliance for Justice, February 27, 2013

If the conservative argument is allowed to carry the day, it will represent a critical step backwards not only for voter equality, but for racial equality, congressional authority, and the institutional legitimacy of the Supreme Court. Any federal statute advancing the protection of racial and other minorities will be subject to close scrutiny with a presumption that it is simply the perpetuation of a group entitlement, driven by those minorities’ supposed political power.

Donors to Arcata school measures could see financial benefit

Bertrall Ross quoted in The Times-Standard, October 19, 2012

Bertrall Ross, a professor of political and election law at Berkeley Law School, said that the contributions appear to coincide with state law. A California Watch report from June 4 found many school bond measures around the state that had donors in similar positions. “What’s unique about this is the quid pro quo nature of the contribution,” Ross said…. “It is troubling in terms of policy.”

Bid to appease bullet train critics may violate law

Bertrall Ross quoted in Los Angeles Times, March 26, 2012

Whether a court would actually stop the project because of such alleged violations is not clear, said UC Berkeley assistant law professor Bertrall Ross, an election law expert. The conditions in the law, he added, were not in the ballot summary that voters saw at the polls, and judges often attach more importance to that than the underlying statute. On the other hand, some of the conditions were in voter pamphlets, and a judge could rule against the plan on that basis, Ross said. “It could go either way.”

Bertrall Ross Analyzes Bill that Seeks Tough Penalties for Lead in Jewelry

California Watch, April 29, 2011 by Joanna Lin

For companies that settled with the state, the bill may be unfortunate, but it’s not illegal, said Bertrall Ross…. “The Legislature can pass a law that in a sense supersedes a settlement and imposes potentially greater obligations,” he said. “That’s one of the risks you take in any settlement that touches upon a broader issue that can be subject to regulation.”