Supreme Court May Be Most Conservative in Modern History

Kevin Quinn cited in The New York Times, Five Thirty Eight, March 29, 2012

The method, called the Martin-Quinn Scores for the two scholars that developed it, Andrew D. Martin of the Washington University School of Law and Kevin M. Quinn of the Berkeley School of Law, estimates the court’s ideology by evaluating the combinations in which different justices vote with one another and how this changes over time…. The Martin-Quinn method suggests that there has been some overall rightward drift among almost all members of the court, including the more liberal justices, since Chief Justice Roberts took over for Chief Justice William H. Rehnquist.

Delta’s woes: No easy fix, report finds

Holly Doremus quoted in Contra Costa Times, March 29, 2012

Doremus noted the committee did not weigh in on plans to move water around the Delta. The committee wrote there are not enough details available for it to analyze…. “Diverters were hoping the report would point a finger at other stressors as more important, which it didn’t,” Doremus wrote.

Lead Juvenile Justice Expert Says State Facilities Should Stay Open

Barry Krisberg quoted in The Huffington Post, Youth Radio, March 29, 2012

My concern is that we’ve worked hard, we’ve developed policy and procedure, we’ve improved education and medical care, we’ve cut down on the use of force and isolation but at the county level they’ve done nothing. So it’d be going back to where we were eight years ago, very harsh conditions, very harsh practices, and having to start all over again.

Are Stay-Away Orders Against UC Berkeley Students Unconstitutional?

Jonathan Simon quoted in East Bay Express, March 28, 2012

Law School professor Jonathan Simon said there is a “very real concern that the stay-away orders are pretextual” and meant specifically to chill First Amendment activity…. Overall, he sees the Alameda County DA’s use of stay-aways against Occupy Cal protesters as reflective of concerns that Occupy Cal “would become an extension of a strong Occupy Oakland movement,” and is meant to serve as a “cold, calculating deterrent to students that this is what can happen if you step out of line.”

Judge orders most of UC Davis pepper-spray report to be public

Christopher Edley quoted in Los Angeles Times, L.A. NOW, March 28, 2012

Edley said his report does not investigate the UC Davis pepper-spray incident or the use of batons by UC Berkeley police on demonstrators the same month, although those controversies led to his study. Instead, he said his report is “forward looking” and will examine such issues as freedom of expression, police training, de-escalation techniques and develop recommendations for administrators, police and students.

Will we take care of our own?

Jennifer Granholm writes for POLITICO, March 26, 2012

Boiled down, if you believe access to health care is a right, then you want the government to make it available to all. If you believe health care is a privilege, then each person earns their own and government’s role is minimal.

Lawyers’ New Party Loyalty Oath: A Sign of Weakness

Stanley Lubman writes for The Wall Street Journal, March 26, 2012

The Chinese Communist Party (CCP) continues to tighten its grasp on the legal profession with Ministry of Justice (MOJ) announcing that every new Chinese lawyer must now swear an oath of allegiance to the party. The oath is yet another ominous step in a continuing campaign in recent years to restrain lawyers from representing clients seen as challenging Party rule.

Bid to appease bullet train critics may violate law

Bertrall Ross quoted in Los Angeles Times, March 26, 2012

Whether a court would actually stop the project because of such alleged violations is not clear, said UC Berkeley assistant law professor Bertrall Ross, an election law expert. The conditions in the law, he added, were not in the ballot summary that voters saw at the polls, and judges often attach more importance to that than the underlying statute. On the other hand, some of the conditions were in voter pamphlets, and a judge could rule against the plan on that basis, Ross said. “It could go either way.”