Erwin Chemerinsky quoted by Courthouse News, Jan. 3, 2018
According to Chemerinsky, clarification is in order. “I think it very important to separate what the government may do from what it is required to do [emphasis original]. I think Trinity Lutheran is about the latter and it is unclear how far that will extend,” he said.
Tejas Narechania quoted by San Francisco Chronicle, Jan. 3, 2018
“There’s an argument to be made that the FCC doesn’t have the preemption authority it claims, especially because the FCC now has to clear a pretty high bar,” Narechania said in an email.
Anne Joseph O’Connell quoted by San Francisco Chronicle, Jan. 2, 2018
“Most critically, he needs more vacancies at the appellate level, and judges — particularly those nominated by President Jimmy Carter and President Bill Clinton — may not want to retire during this administration,” O’Connell said.
Erwin Chemerinsky writes for The Sacramento Bee, Jan. 2, 2018
The Constitution turns 231 years old in 2018 and yet my prediction is that it will be at the center of the most important stories to come out of Washington in the coming year, stories that will shape the future of our government for years and potentially even decades to come. Here are three to look for that could have enormous consequences.
Franklin Zimring cited by VICE News, Dec. 31, 2017
Lethal injection was originally adopted because it seemed “medical,” University of California, Berkeley Law professor Franklin Zimring explained to VICE News earlier this year.
Andrea Lampros study cited by Mondoweiss, Dec. 30, 2017
“Residents have alleged that tear gas utilization by [Israeli forces] is not directly correlated to political tensions, non-violent or violent protests, or stone throwing incidents,” states the Berkeley study, which is entitled, “No Safe Space: Health Consequences of Tear Gas Exposure Among Palestine Refugees.”
Catherine Fisk quoted by Daily Journal (registration required), Dec. 29, 2017
“We now seem to have settled into a pattern in which Republican-majority boards overrule any decisions on issues that are highly salient to the Chamber of Commerce and business groups,” stated Catherine Fisk. … “And Democratic-majority boards then overrule those decisions on issues salient to labor, and back again.”
John Yoo writes for The Hill, Dec. 28, 2017
While the Trump NSS is a document, but not an operating strategy, it shows that the administration is making the right moves in rejecting utopian visions of space as conflict-free zone. The great powers have already carefully crafted treaties to limit a nuclear arms race in outer space. But at the same time they have left open significant routes for other military uses of space.
Erwin Chemerinsky writes for The Sacramento Bee, Dec. 27, 2017
Judicial independence comes at a cost: the lack of checks on federal judges who behave badly or simply no longer should be on the bench. The reality is that there are federal judges who are widely regarded as no longer able to handle the position.
Erwin Chemerinsky cited by Daily Journal (registration required), Dec. 26, 2017
Erwin Chemerinsky, now dean of UC Berkeley School of Law, represented Orange County Superior Court in its defense against that petition. He told a gathering of Orange County judges and lawyers in October that the case is his proudest.