The law on forced abortion in China: Few options for victims

Stanley Lubman writes for The Wall Street Journal, July 4, 2012

Two recent incidents involving officials’ violence against women call attention to the violation of citizens’ rights by local governments and the weakness of remedies for citizens under Chinese law. Both cases also dramatize the harshness of the one-child policy and the abortions that are often ordered by local governments.

San Francisco’s twist on probation: Using algorithm to spot offenders’ risk factors

Barry Krisberg quoted in The Wall Street Journal (requires registration), July 4, 2012

About two-thirds of probation departments in California have begun using COMPAS or similar risk-assessment software, says University of California at Berkeley law professor and criminologist Barry Krisberg. But Ms. Still’s extensive use of that data sets San Francisco apart, since other departments don’t generally take such data into account for probation sentences, says Mr. Krisberg.

Why did California reject new limits on solitary confinement for juveniles?

Barry Krisberg quoted in The Huffington Post, July 3, 2012

Barry Krisberg, a criminal-justice expert at the University of California at Berkeley School of Law, said he is more concerned now about the county facilities than the state institutions. “There could be whole wings where they could be spending days in confinement. Nobody knows,” said Krisberg, who has served as a monitor of court orders at state facilities.

Why we need to readjust the tort system

Stephen Sugarman writes for The Atlantic, July 3, 2012

New safety-promoting mechanisms should be relied upon instead of personal injury law…. we should increase the penalties for drivers who carelessly cause injuries in the way that many states have upped the fines for drunk driving. At the same time, new cars should come with either higher taxes or tax credits depending on which of the cutting-edge safety features they do or do not contain—like side air bags, roll-over prevention mechanisms, and traction control.

Recovering the waterfront is important because people want to live here

Steven Weissman interviewed by Diari Mes (page 8), July 2, 2012

“I think to advance, it is necessary to combine strong political leadership with a concern for urban design and a participatory democratic process that will generate enough public support. Leaders must be able to describe the future they want for their city, and citizens must create this vision and support it so it functions.”

The pedigree problem: Are law school ties choking the profession

Marjorie Shultz quoted in ABA Journal, July 1, 2012

“The LSAT itself says it only tries to predict three things: analytic reasoning, logical reasoning and reading skills,” she says. “While I certainly want lawyers to be skilled at those things, nobody has asked whether if you know about a candidate’s logic and analytical skills, do you know all you need to know to evaluate them for entering the legal profession?”

Community colleges’ football rosters filled with players from other states

Carol Langford quoted in The Desert Sun (inactive link), July 1, 2012

“Choosing them (out-of-state players) over California residents and community residents who might have wanted to go to this school—that’s becoming a bigger issue with all schools,” said Carol Langford, an ethics specialist and adjunct law professor at three state law schools, including the University of California, Berkeley.

Mandate? No. Tax? Yes. Dragooning? No-no

John Yoo quoted in San Francisco Chronicle, June 28, 2012

UC Berkeley law professor John Yoo doesn’t think Roberts believes the content of his own opinion. Yoo believes that Roberts doesn’t buy his own argument on the individual mandate but wrote an opinion “meant to pull the court out of a political fight.”

Health care decision means more work for IRS

David Gamage writes for San Francisco Chronicle, June 30, 2012

If the IRS is to be charged with administering social welfare policy in addition to collecting tax revenues, then the agency needs to be given adequate resources. Otherwise, we threaten the IRS’ important role in administering the tax system. Thanks to Thursday’s Supreme Court decision, the IRS’ job is likely to become much more difficult.

Supreme Court gives itself power to invalidate law

Fred Smith writes for San Francisco Chronicle, June 30, 2012

The precise metes and bounds of Roberts’ new restriction on congressional power are undefined for now. But one thing is clear. This opinion represents the first time the court has so evidently given itself the power to invalidate laws because they were not “proper.”