Malcolm Feeley Explains Power of Plea Bargains

Contra Costa Times, October 26, 2010 by Thadeus Greenson
http://www.contracostatimes.com/california/ci_16435677

Those wondering whether plea agreements are necessary need only talk to California’s judges, prosecutors and defense attorneys, said UC Berkeley’s Boalt School of Law professor Malcolm Feeley. “They’ll tell you that plea bargaining is the grease that oils the wheels of justice because it’s the way cases can be handled rapidly,” Feeley said.

Jesse Choper Thinks Catholic Group’s Suit Could Reach Supreme Court

The American Lawyer, October 26, 2010 by Ginny LaRoe
http://bit.ly/blYiEL

There is relatively little law on the issue of standing in this type of Establishment Clause case, and the practice of the U.S. Supreme Court has been to address the merits of these types of cases without much discussion on standing, said UC-Berkeley School of Law Professor Jesse Choper. “Considering the attitude of the present court in respect to standing and to the Establishment Clause, there’s a good possibility that they would take this up,” he said.

Ty Alper Questions Use of Overseas Lethal Injection Drugs

-The Associated Press, October 26, 2010 by Amanda Lee Myers and Andrew Welsh-Huggins
http://bit.ly/ddEeSj

The issue will come down to whether an overseas version of sodium thiopental would be equivalent to what the FDA has approved here, said Ty Alper, associate director of the death penalty clinic at the University of California-Berkeley.

-The New York Times, October 27, 2010 by John Schwartz
http://www.nytimes.com/2010/10/28/us/28execute.html?_r=1

Ty Alper, the associate director of the death penalty clinic at the University of California, Berkeley, said that the Supreme Court’s decision did not end the story, arguing that “it explicitly leaves the door open for a challenge in a case where petitioners can show that the drug was unlawfully obtained.”

Charles Halpern Embraces Meditation for Lawyers

-The National Law Journal, October 25, 2010 by Karen Sloan
http://bit.ly/a9hV8M

Conference organizer Charles Halpern … said that the legal profession is becoming more open to the benefits of meditation. “At one time it seemed very exotic, but interest in law and meditation has been growing for a decade,” said Halpern…. “Courses have been showing up in law schools across the country, there have been CLE courses on this and gathering of lawyers focusing on meditation.”

-San Francisco Chronicle, October 29, 2010 by Debra Levi Holtz
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/10/29/BAU91G3JJH.DTL

Halpern, who began meditating nearly 30 years ago and now practices it at least five days a week, said he hopes that all law schools will teach contemplative practices like meditation in the future. “People will be less stressed, lead more balanced lives and realize they will be more effective lawyers if they are better people,” said Halpern.

David Sklansky Says Crime Rates Can Mislead Voters

Contra Costa Times, October 24, 2010 by Thadeus Greenson
http://www.contracostatimes.com/california/ci_16421678?nclick_check=1

“I think assessing a district attorney by the crime rate is risky because lots of things that influence crime rates are beyond the control of a district attorney,” Sklansky said. “In fact, we went through a decade or two of increasing crime rates in this state and experts couldn’t agree on what was driving those rates. Then, we had a remarkable turnaround and crime rates have been falling since then, and there’s an astonishing lack of consensus about what’s causing the crime rates to fall.”

Jonathan Simon Examines Tax Impact of Prop. 19

The Sacramento Bee, October 22, 2010 by Peter Hecht
http://www.sacbee.com/2010/10/22/3123343/feds-could-dash-cities-hopes-of.html#ixzz136vCCJAw

UC Berkeley law professor Jonathan Simon said the measures underscore the potentially diverse “patchwork” of regulation if Proposition 19 passes. “You might have some towns that set a very low tax and very few regulations, seeking to create marijuana commercial zones,” Simon said. But other cities are likely to seek higher taxes, he said, because of “their desire for revenue and opposition to becoming known as a local pot hub.”

Megan McCracken Questions Source of Lethal Drug

The New York Times, October 22, 2010 by John Schwartz
http://www.nytimes.com/2010/10/23/us/23execute.html?_r=1&scp=5&sq=Berkeley&st=nyt

Megan McCracken, an adviser on lethal injection issues to the death penalty clinic at the University of California, Berkeley School of Law, argued that the origin of the drug used was nonetheless important under the law…. To Ms. McCracken, the lack of information about the drug opens Arizona to a challenge under the Baze decision. “Its provenance matters,” she said.