John Yoo Accuses GOP of Playing Politics Over War Powers Resolution

-The Wall Street Journal, June 17, 2011 by John Yoo
http://online.wsj.com/article/SB10001424052702304186404576389474268093278.html

By accusing President Barack Obama of violating the War Powers Resolution, House Republicans are abandoning their party’s longstanding position that the Constitution allows the executive to use force abroad, subject to Congress’s control over funding. Sadly, they’ve fallen victim to the siren song of short-term political gain.

-The Heritage Foundation Pt I, June 20, 2011 by John Yoo and James C. Ho
http://bit.ly/llpRFl

Much of the debate over the power to initiate hostilities focuses on understanding the meaning of the words, “declare War.” Supporters of presidential authority contend that the Founders were well aware of the long British practice of undeclared wars. They assert that the Constitution likewise does not require formal war declarations for the President to authorize hostilities as a matter of domestic constitutional power.

-The Heritage Foundation Pt II, June 20, 2011 by John Yoo and James C. Ho
http://bit.ly/m9dGgr

Few constitutional issues have been so consistently and heatedly debated by legal scholars and politicians in recent years as the distribution of war powers between Congress and the President. As a matter of history and policy, it is generally accepted that the executive takes the lead in the actual conduct of war.

Barry Krisberg Questions Need for Taxes to Reduce Prison Population

San Francisco Chronicle, June 16, 2011 by Victoria Colliver
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/06/15/BAV31JUBBP.DTL

“This argument we have to spend more to lock up fewer people is, on the face of it, illogical,” said Barry Krisberg…. Alternatives could include modest sentence reductions when appropriate, and non-jail solutions for the thousands of offenders sentenced to 90 days or fewer, Krisberg said. “In their hearts, people would [rather] have parks than prisons,” he said.

Steven Weissman, Daniel Farber Discuss Bryson’s Policies During CA Power Crisis

The New York Times, June 15, 2011 by Colin Sullivan
http://nyti.ms/mr4jsm

Bryson did manage to separate himself from other corporate executives by dealing directly with Davis. This made Edison “the quieter of the three major California utilities” during the crisis, Weissman said, as Bryson was working behind the scenes to pay off its debt, avoid bankruptcy and generally keep “a lower profile in terms of affiliate transactions in California power markets.”

And some tried to turn the table on Republicans when the question was raised about Bryson’s support for renewables and BrightSource specifically. “Given that the Republicans won’t vote to repeal subsidies to the oil industry, I don’t see how they can complain about subsidies for clean tech,” said Daniel Farber.

James Phillips Studies SCOTUS Interactions During Oral Arguments

The Salt Lake Tribune, June 14, 2011 by Roxana Orellana
http://www.sltrib.com/sltrib/news/52005964-78/justices-attorneys-court-gender.html.csp

U.S. Supreme Court justices interact differently during oral arguments depending on an attorney’s gender…. Phillips added that the findings don’t mean the justices are more or less likely to vote for or against women attorneys in deciding a case. But it raises questions as to why they are treated differently, which is not something addressed in the report, he said.

Robert Merges Explains Why Rivals Compete for Nortel Patents

The Wall Street Journal, June 13, 2011 by Peg Brickley
http://online.wsj.com/article/SB10001424052702304778304576375832688371692.html

The sheer size of Nortel’s portfolio expands the strategic options for buyers, said Robert Merges…. “The way this game is played, someone throws a stack of patents on the table, and someone else throws a stack on the table and the one with the shortest stack comes out on the losing end,” Mr. Merges said.

Alan Auerbach Analyzes U.S. Economic Recovery

San Francisco Chronicle, June 13, 2011 by Carolyn Lochhead
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/06/13/MN1H1JRRPR.DTL&type=printable

“Financial crises in general are more difficult to recover from than regular recessions,” said UC Berkeley economist Alan Auerbach. “This is different from other recessions in the postwar period, and that helps explain why the recovery is weaker. But as for simple policies to get us out of this, I really don’t know that we know much from what other countries have done.”

Jonathon Simon Faults Mehserle Ruling

The Bay Citizen, June 13, 2011 by Nicole Jones
http://www.baycitizen.org/mehserle-verdict/story/legal-story-behind-why-johannes-mehserle/

“His case exemplifies how arbitrary criminal law can be,” Simon said referring to how a small difference in the verdict can make a big difference in time served. “I am sympathetic to the feeling that many others have that Mehserle’s short sentence was incommensurate with his culpability,” Simon said. “Part of the function of the criminal law is to signal community outrage at a course of conduct, and that seems to have failed here.”

Robert Merges Endorses Patent Reform Bill

The Wall Street Journal, June 10, 2011 by Jess Bravin
http://online.wsj.com/article/SB10001424052702304259304576375451677652800.html

A patent overhaul bill … permits third parties to challenge patents, even after they are granted, through administrative proceedings at the Patent and Trademark Office. Robert Merges … said the challenge provision in the bill “just became a little more important” in light of the high court’s ruling. “It’s a cheaper alternative to litigation, and some people think it’s a better forum for trying to invalidate patents,” he said.

Alan Auerbach Says Consumption Tax Less Volatile than Income Tax

-Reuters, June 9, 2011 by Jim Christie
http://www.reuters.com/article/2011/06/09/us-california-taxsystem-idUSTRE75862T20110609

California could reduce its revenue volatility and improve its business climate by moving toward a greater reliance on consumption taxes … according to the Public Policy Institute of California report…. Revenue volatility is working in California’s favor at the moment, said Alan Auerbach, author of the institute’s report. “It’s one of the reasons why revenues have been going up so quickly.”

-Capital Public Radio, Insight, June 14, 2011 Host Jeffrey Callison
http://bit.ly/lDz1Ss

“Our income tax has become more and more important, and that’s a problem for two reasons. One is that it leads to an enormous amount of volatility in state revenues, which we’ve experienced every time we’ve had a recession; and also it discourages production in California because it’s a tax based on earning income in California.”

John Steele Explains Discovery Dispute in Oracle-Google Suit

The Recorder, June 7, 2011 by Amy Miller
http://bit.ly/mpCVQ7

John Steele, a Palo Alto, Calif., solo who advises on legal ethics and teaches the topic at UC-Berkeley School of Law, said these disputes are common when tech competitors sue…. “It’s never fun to have to rely on the opposing parties’ lawyer’s integrity. But it’s frankly a pretty standard solution,” Steele said.