Stay-away orders against Occupy Cal protesters disputed

Jonathan Simon quoted in The Daily Californian, March 22, 2012

UC Berkeley School of Law professor Jonathan Simon said in an email that court-issued stay-away orders in general are “a very serious infringement of fundamental rights” and “should never be used unless a very credible threat exists,” but that they are “not uncommon” when there are concerns about ongoing violations.

Public strip search by Oakland police costs city nearly $1 million

Stephen Bundy quoted by Associated Press, March 21, 2012

Stephen Bundy, a law professor at the University of California, Berkeley, said courts have upheld attorneys’ fees that are greater than the award the plaintiffs received, as in Lucas and Bradshaw’s case. “Sometimes courts have been prepared to justify those fee awards on the grounds that the prosecution of the case advanced an important public interest,” he said.

China’s Criminal Procedure Law: Good, Bad and Ugly

Stanley Lubman writes for The Wall Street Journal, March 21, 2012

One draft of the amendment to the Law had provided that the police could hold suspects incommunicado and in secret locations. The provision was later omitted after a considerable amount of public debate that was marked by strong criticism by human rights activists and legal experts.

The PTSD Defense: Will It Work?

Kyndra Rotunda interviewed by KQED-FM, Forum, March 20, 2012

“I think they should turn this case and make it a case about indicting the military, frankly, and see if they can demonstrate to a jury that the military plays some role here. You’ve got deployment upon deployment, soldiers with very little downtime. We know that Post Traumatic Stress disorder is very prevalent among our troops, we know that it results in them acting out, we know that we have a high suicide rate as a result, yet we’re continuing to deploy time and time again.”

Why California’s chief justice is taking on the Legislature

Jesse Choper quoted in The Christian Science Monitor, March 20, 2012

As CEO of the entire California judicial system, Cantil-Sakauye is just doing her job, says Jesse Choper, a constitutional scholar at the University of California, Berkeley, Law School, in an e-mail. “Making a polite but strong plea for adequate support of the judicial system is her job and not unusual in any way,” he says.

Not the Power to Destroy: A Theory of the Tax Power that Justifies the Minimum Coverage Provision

Robert Cooter cited in Balkinization, March 19, 2012

One question in the healthcare litigation presently before the U.S. Supreme Court is how to characterize the exaction imposed by the Affordable Care Act (ACA) on individuals who fail to obtain health insurance…. In Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power … Robert Cooter of Berkeley Law and I develop a theory of the difference between a tax and a penalty for purposes of the tax power. We then apply the theory to the ACA’s exaction for non-insurance.

There Is No Juvenile Crime Wave

Barry Krisberg writes for The Sentencing Project, March 2012

The highest priority must be given to reducing the shocking disparities of how children of color are treated by the juvenile justice, child welfare, and education systems. The horrible treatment of youth is wrapped up with issues of poverty and race.