Santorum backs nullifying existing gay marriages

Jesse Choper quoted in San Francisco Chronicle, March 3, 2012

“You’d have to word it so it was perfectly clear,” said Jesse Choper, a UC Berkeley law professor who submitted arguments to the state’s high court against the retroactive application of Prop. 8. The amendment would have to declare that “marriages that were once valid are no longer valid,” he said.

Bid to end death penalty headed to the ballot

Franklin Zimring quoted in San Francisco Chronicle, March 2, 2012

In California, “when the death penalty comes up as a political issue, it comes up as a question of basic sentiment: Which do you prefer, murder victims or the people that killed them?” Franklin Zimring, a UC Berkeley law professor who has written extensively about capital punishment, said in an interview.

China’s State Capitalism: the Real World Implications

Stanley Lubman writes for The Wall Street Journal, China Real Time Report, March 1, 2012

The need to better understand China’s system goes beyond abstract arguments about the future of the global economy. The continuing expansion of the state sector of China’s economy limits the private sector and favors state-owned enterprises (SOEs) over foreign companies in some domestic markets. As SOEs extend their investments abroad, nations in which China seeks to invest need to become more aware of frequent links between state ownership and state control.

Workaround solutions

Edward Tom quoted in Corporate Counsel, March 1, 2012

“Prior to Proposition 209, we reserved seats for special consideration for minority status,” says dean of admissions Edward Tom. “We had just one African American student the following year.” According to Tom, “Proposition 209 sent a message to the community that the UC system did not want diverse students, and it has taken a lot of work and time to overcome the effect.”

Public pluralism

John Coons, Stephen Sugarman write editorial letters to First Things, February 2012

John Coons: Our melange of state-funded and private schools have maintained choice for families who can afford either to locate in a desirable district or pay private tuition. Those who cannot do either get educated in a school chosen by strangers. We trust only the well-off parents.

Stephen Sugarman: Charter schools are now at the heart of the public school choice movement. But the one type of school currently not permitted to be a charter school is the religious school. This forces parents who prefer a religious education for their children either to pay for it, find financial aid, or settle for something else.

Lawyers descend en masse for arguments on greenhouse gas rules

Daniel Farber quoted in Environment & Energy News, February 27, 2012

As Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, noted, while it may be unusual for so many lawyers to be arguing, there’s an obvious reason why. “That seems like a lot of lawyers to me,” he said. “But of course the challengers are raising a lot of issues.”