Glory moment: Indian-American academic to head top US law school

Sujit Choudhry noted in India Writes, July 2014

Choudhry’s journey to the zenith of academic life in the US reflects in parts the coming of age of the Indian-American diaspora. As the community grows in influence, it can be expected to play the role of a bridge-builder between India and the US in key sectors like trade and education.

What are the implications of the most recent Supreme Court decisions?

Jesse Choper interviewed on KALW-FM, Your Call, June 30, 2014

“I don’t think that anybody made light of the fact that the issue of freedom of choice is a very, very important one for women and for other people as well. But I think you want to remember that the Supreme Court was willing to assume that it was a compelling interest.”

The Supreme Court and the death of free TV

James Tuthill writes for Corporate Counsel, (free membership required) June 30, 2014

The court, as is typical with many judicial decisions, barely mentions the real issue: the huge sums of money broadcasters receive from cable and satellite companies to “retransmit” the broadcasters’ programming to cable and satellite subscribers, and the threat Aereo presented to that business model. These “retransmission” fees continue to put upward pressure on cable rates, and they are a significant reason why cable rate increases continue to exceed inflation.

‘Picking quarrels’ casts shadow over Chinese law

Stanley Lubman writes for The Wall Street Journal, China Real Time blog, June 30, 2014

On top of prosecutions for vaguely defined crimes such as “picking quarrels,” the rules for journalists and lawyers restrict public expression of views by the two groups who should be most involved in interpreting party-state policies and actions. Ordinary citizens who might contemplate taking their grievances to the streets can’t discern a “line” other than one that suggests that they should keep their dissatisfactions to themselves.

War criminal accepts conviction and expresses regret for victims’ suffering

Stephen Smith Cody writes for The Huffington Post, June 26, 2014

Writing for the majority, the other two judges, Judge Cotte and Judge Diarra, had redefined the standard for Katanga’s participation in the alleged crimes from “perpetrator” to “contributor” before ruling that Katanga was guilty of one count of crimes against humanity and four counts of war crimes. Some, including Judge Van de Wyngaert, viewed such ratcheting down of the standard for conviction during trial as a violation of due process and the rights of the accused.

Police ready to abide by court’s cellphone ruling

David Sklansky quoted in the Associated Press, June 26, 2014

“It certainly is true that if the police are just allowed to rummage through the cellphone of any arrestee without a warrant they can find all kinds of things that might be helpful,” said David Sklansky, a UC Berkeley law professor who’s written on Fourth Amendment issues. “The court recognizes that, but the court says that privacy is not costless. Sometimes honoring the Constitution means that law enforcement does not have advantages that it otherwise would have.”

Symposium: Aereo, disruptive technology, and statutory interpretation

Peter Menell and David Nimmer write for Scotus Blog, June 26, 2014

No one should be entirely satisfied with where the Supreme Court’s resolution of this case leaves the larger policy determination. The Copyright Act of 1976 is indeed creaky. While its drafters enunciated purposes and principles that have guided the evolution of copyright protection, we are nearly half a century beyond those drafting choices. Thus, while we commend the Supreme Court’s faithful execution of its Constitutional role, we nonetheless believe that the time is ripe to consider how best to reform the Copyright Act for the current technological age.

Supremes curb Obama’s executive overreach

John Yoo interviewed on WSJ Live, Opinion Journal, June 26, 2014

“I think it’s a rebuke to President Obama, but, at the same time, this decision plays the delicate task of trying to preserve presidential power for the next president. It still says that the president has this power to appoint lower executive branch officials during recess, but that President Obama stretched the power too far, even too far for all nine members of the Supreme Court.”