Obama is upending the role of the presidency

John Yoo writes for The Washington Post, Jan. 15, 2016

President Obama has all but declared that he will spend his last year in office acting unilaterally to advance his agenda. But his basic misunderstanding of presidential power will render his gains hollow, and his excesses will create the very tools to undo his legacy.

Voters could have say on death penalty as death row backs up

Elisabeth Semel interviewed by The California Report, KQED-FM, Jan. 15, 2016

“It’s really a disservice to the people of the state to perpetuate something that not only doesn’t work effectively, but really is irreparable. … The prospect of executing 745 people is illusory.  So, there will be a randomness to the number of people we execute in the state until we finally recognize that we’re done with it.”

Gun control groups emphasize suicides in bid for more public support

Franklin Zimring interviewed by CNN, Jan. 12, 2016

“It’s a politically sophisticated way to change the nature of the debate,” he said. “The point is not to increase the percentage of support, but to increase the intensity of support. It’s not to make more people support gun control. It’s to make them care about it.”

Campus law students receive email about financial system outage, possible delays in financial aid refunds

Susan Gluss cited in The Daily Californian, January 8, 2016

To offset some of the problems caused by the outage of the BFS’s ancillary systems, such as the inability to make purchases through BearBuy, the Berkeley Law bookstore is allowing affected students to receive their textbooks for the spring term before making payments, according to an email from Berkeley Law spokesperson Susan Gluss.

VW refuses to give American states documents in emissions inquiries

Paul Schwartz interviewed by The New York Times, Jan. 8, 2016

“In the E.U., data protection is a fundamental right that is in the European charter,” said Paul M. Schwartz. … The German federal constitutional court has also identified a right to “informational self-determination,” he said. Such laws are “real obstacles,” he said, adding, “Europeans really take privacy seriously.”

Consideration is hard, dismissal is easy

David Schraub writes for Daily Journal (registration required), Jan. 7, 2016

Our entire democratic system is predicated on the belief that fair-minded citizens considering arguments are capable of revising even passionately held commitments. But for the process to work, we need to actually engage in the consideration. Democracy can tolerate disagreement over what a good reason is, but it can’t survive refusing to reason at all.

In a record year for deals, success and a few missteps

Steven Davidoff Solomon writes for The New York Times, Dec. 22, 2015

It was an astounding year on all fronts, as deal makers grew more aggressive and shareholder activism reached new heights. The merger market is on track for a record $4 trillion-plus year. Deal makers are no doubt celebrating, but they may also want to reflect that in these heady days, there were more than a few missteps and F’s.

Syrian refugee family adapts to life in Oakland

Kate Jastram interviewed by KQED News, Dec. 21, 2015

The U.S. government screens Syrian refugees more thoroughly than almost anyone else applying to come into this country, and that process that can take years. That’s one reason that fears of Syrian refugees are misplaced. … “It’s not very likely that the enterprising terrorist is going to want to take that route to get to the U.S.,” says Jastram.

The Japanese American internment decision: A dangerous relic

Karen Tani and John Inazu write for Los Angeles Times, Dec. 18, 2015

We wish we could say that in 2015, Korematsu is a relic — that it survives as a mere technicality and has no real import. But we know better. Our legal system relies heavily on precedent, meaning that even a discredited opinion is a danger if it remains on the books.