Fox Ten O’Clock News

Anne Joseph O’Connell interviewed for Fox Ten O’Clock News, November 21, 2014

The statutes from Congress do give the president, in a variety of circumstances, discretion in terms of enforcement. And that’s what President Obama is relying on.

Legality of Obama’s immigration order

Leti Volpp quoted in The Daily Herald, November 19, 2014

“I have no doubt that President Obama has executive branch legal authority to take the expected immigration action,” Leti Volpp … said in an email interview Wednesday. “Every president since 1956 has used executive authority to grant temporary immigration relief to one or more groups in need of assistance.”

California man imprisoned for 36 years

Rebecca Silbert quoted in Los Angeles Times, November 19, 2014

According to Rebecca Silbert with the California Wrongful Convictions Project at the UC Berkeley School of Law, the only other inmate to serve as long for a wrongful conviction in California was Kash Delano Register, who was released in 2013 after spending more than 34 years in prison.

Scope of Obama’s amnesty order would be unprecedented

John Yoo and Robert Delahunty article cited in Newsmax, November 18, 2014

“Can a president who wants tax cuts that a recalcitrant Congress will not enact decline to enforce the income tax laws? Can a president effectively repeal the environmental laws by refusing to sue polluters, or workplace and labor laws by refusing to fine violators?”

It’s time for India and the US to band together

John Yoo and Riddhi Dasgupta write for Fortune, November 17, 2014

Amid the falling out between Pakistan and the United States and China’s rise, there is no better time for the two powerful democracies to develop a strong alliance.

One day, two deals and a changed calculus of deal-making

Steven Davidoff Solomon writes for The New York Times, November 17, 2014

It has been awhile since we’ve seen a deal day like Monday, with Halliburton announcing that it had reached a $34.6 billion deal to buy Baker Hughes and Allergan selling itself to Actavis for $66 billion. The deals show that the merger and acquisitions market is changing in some obvious and not so obvious ways that may change how companies are bought and sold.

Patent claim construction and distrust

Peter Menell writes for the Daily Journal (registration required), November 14, 2014

The Teva case poses a fundamental question going to the heart of the American justice system. Should factual determinations underlying patent claim construction be subject to substantially less deference (or more distrust) than the factual determinations made in every other area of federal adjudication?

Off the Cuff: Eric Stover

Eric Stover interviewed for The Oberlin Review, November 14, 2014

“What’s interesting here in the United States is … the establishment of Guantanamo, and the fact that it was unquestionable that we deliberately used torture on suspects … and that this country hasn’t had a discussion about what that meant and whether there are those who need to be held accountable.”