Social issues appear on new Supreme Court docket

Jesse Choper quoted in Deseret News, October 8, 2013

Jesse Choper, public law professor at Berkeley Law at the University of California Berkeley, said many of these cases are unpredictable. “You just don’t know which way they’re going to go,” he said. “But the majority of the cases (the court usually takes) are to reverse decisions.”

Reality check: Can US pay debts during shutdown?

David Gamage interviewed by NBC Bay Area, October 7, 2013

“Treasury systems are designed to pay bills in the order they come in. There is no programming in place to prioritize payments; that’s largely because it’s illegal to prioritize payments…. It’s entirely possible—even if all interest payments are paid—that just the uncertainty and chaos surrounding the illegality could create a financial crisis worse than the one we’re currently recovering from.”

Online privacy concerns growing

Chris Hoofnagle quoted in the San Francisco Chronicle, October 2, 2013

“Google knows exactly who you are because there is so much authentication built into Google’s services,” Chris Hoofnagle…said in an e-mail. “We are moving to an authenticated Web where one is always signed in, and that authentication, even if on the surface (it’s) pseudonymous, typically indicates the user’s identity.”

Despite reprieve, California fights prison crowding order

Barry Krisberg quoted in Reuters, October 1, 2013

“From what I hear, the governor is deeply resentful of the federal courts taking over the prison system,” said Krisberg, who in 2006 testified as an expert witness for prisoners in the crowding case. “And secondarily he actually believes that there are a lot of really bad people in prison.”

Bill to allow undocumented students to receive law licenses awaits Brown’s signature

Leti Volpp quoted in The Daily Californian, October 1, 2013

Volpp also said AB 1024 is another small step toward seeing undocumented immigrants as part of “our community.” The students who are able to pass the bar exam should not be excluded due to their legal status but should be praised for their accomplishment, she said. “Half of the applicants to the California state bar get rejected every year,” Volpp said. “Legal status is the least important question on whether or not someone should be allowed to practice law.”

Police, prosecutors call for tougher gun crime sentences

Franklin Zimring quoted in Chicago Tribune, September 30, 2013

“I am deeply suspicious of them,” University of California at Berkeley law professor Franklin Zimring said of the idea. “The net effect of a mandatory minimum is simply to shift power from judges to prosecutors. … It is a fabulous plea bargain cudgel.”

Inside a dysfunctional Contra Costa jury

Andrea Roth quoted in Contra Costa Times, September 28, 2013

Andrea Roth, a UC Berkeley law school professor specializing in criminal law and procedure, said a disgruntled, contentious jury is not necessarily bad. “We’re a pluralist society and disagree on all sorts of things, and that’s part of the beauty of it,” she said. “Deliberations are supposed to be heated and passionate; that’s why (judges) don’t venture too much into the box. … Jurors are not supposed to check their common sense at the door; they are supposed to bring their life experiences to the deliberations.”

Experts fear Dominican ruling on Haitian migrants could cause crisis

Roxanna Altholz quoted by the Associated Press, September 28, 2013

Roxanna Altholz … said she was concerned about how the Dominican Republic has very deep roots of violent racism against Dominican-Haitians and Haitians. “Are they going to do summary expulsions? Is the Dominican Republic going to conduct raids? I don’t know how they’re going to implement this decision,” she said.

The AP story ran in dozens of outlets, including the Washington Post, Huffington Post, and Businessweek.

Law schools at a crossroads: Weak job prospects, high tuition causing fewer to apply

Charles Weisselberg and Henry Hecht quoted in San Jose Mercury News, September 27, 2013

“I don’t think that law school is any longer the refuge it was 20 years ago for the liberal arts student who graduates from college and isn’t sure what he or she wants to do,” said Charles Weisselberg, a UC Berkeley law professor and associate dean. “People are more deliberate … and that’s a good thing.”

Following a mock deposition given by law school student Andrew Gordan, left, to Christine Rowland, right, lecturer Henry Hecht, center, gives feedback to Gordan as fellow law students listen in at UC Berkeley School of Law…. The class is a lesson in learning by doing and observing others said Hecht, who wrote a book on the topic.

Photos of Henry Hecht’s deposition class can be found here.