Ann O’Leary Calls for Executive Order to Improve Labor Standards

The American Prospect, September 2, 2010 by Ann O’Leary
http://www.prospect.org/cs/articles?article=the_power_to_act

The power delegated to the president by Congress under the Procurement Act is very broad. The president can develop policies that have a real impact in improving labor and employment standards among workers employed by federal contractors. With nearly a quarter of the workforce affected by such conditions, these policies will surely have a ripple effect across the economy.

Peter Menell Assesses DMCA Safe Harbor Provision

The Media Institute, August 31, 2010 by Peter Menell
http://www.mediainstitute.org/new_site/IPI/2010/090110.php

So that brings me to the “ugly”: the inability of just about everyone with a stake in this debate to discuss the growing pains, shortcomings, and anachronisms of the DMCA safe harbors forthrightly. As reflected in the views of our industry panelists, the DMCA safe harbors are either perfect and prescient or dysfunctional…. It should have been clear to everyone on the panel that neither Web 2.0 nor peer-to-peer technology were even on Congress’s radar when it passed the DMCA, and that the statute is not well-crafted to confront the modern challenges.

Steven Weissman Notes Concerns About Smart Meters

The Press-Enterprise, August 31, 2010 by Alicia Robinson
http://www.pe.com/localnews/riverside/stories/PE_News_Local_D_wmeters01.32c4d1c.html

Steven Weissman, associate director of the Center for Law, Energy and the Environment at UC Berkeley School of Law, said customers have expressed concerns about whether their data could be stolen or misused, and whether utilities would exert control over how customers use power—for example, remotely shutting off an air conditioning unit.

Jesse Choper Discusses Fed Immigration Suit Against Arizona’s Employment Rules

The Christian Science Monitor, August 31, 2010 by Daniel B. Wood
http://bit.ly/ax6TgA

Monday’s suit is “stronger in a way” than the suit against Governor Brewer over the immigration law, because it is more specific, says Jesse Choper…. Congress has stated what it requires for the employment application, “but doesn’t say what states cannot require,” says Mr. Choper. “If the federal government named the requirements and said these are the only ones, this case would be a slam dunk,” he says. “But they didn’t, so now the government has to argue what they intended.”

Barry Krisberg Calls for Reform of California’s Juvenile Justice System

The Sacramento Bee, August 26, 2010 Web post
http://bit.ly/9yMODm (requires registration; go to G:\Law School in the News\News Clips for article)

Barry Krisberg, senior fellow at Berkeley Law’s Center for Criminal Justice … says the juvenile justice system needs to be better equipped to respond to female offenders. “Young women need different specialized care and support than young men. Many young women have suffered from high levels of sexual and physical abuse and often need different medical care than boys. Some of these young women have children themselves and need to be in contact with them. Every level of staff in the juvenile justice system needs to be sensitized to these differences.”

Eric Talley Examines SEC’s Rule Change on Proxy Access

The Conglomerate, August 26, 2010 by Eric Talley
http://bit.ly/9QMXpJ

But beyond political remonstration, what does this actually mean for investors? That’s the exciting $60-trillion dollar question. My candid answer is a little less titillating: Given the stock of empirical knowledge we have today, I submit that the only responsible answer to this question is a cautious combination of “it depends,” or “we don’t fully know.” And that’s why I think—a bit ironically—that proxy access may have been the right move for the SEC to take.

Elisabeth Semel Lauds Court Ruling in Batson

The Daily Journal, August 23, 2010 by Rebecca Beyer
http://www.dailyjournal.com/ (requires registration; go to G:\Law School in the News\News Clips for article)

The fact that the court is “taking very seriously a case in which only one African American juror was struck and making sure that’s treated with the same careful scrutiny as if it were 12 is very important,” Semel said. “In Batson, the court made it very clear that a strike that is motivated in substantial part by race or some other impermissible reason is just as offensive to the Constitution as striking a series of prospective jurors.”

Angela Harris Extols Virtues of Mindful Practice

University at Buffalo News Center, August 23, 2010 by Charles Anzalone
http://www.buffalo.edu/news/11656?print=1

“Every day, lawyers may be asked to read, analyze, counsel and advocate for their clients, whether in litigation, negotiation or a transactional context,” says Harris. “These essential skills require the underlying abilities to focus without distraction; to respect and empathize with clients and colleagues; to listen and explain with open-mindedness and patience; to problem-solve creatively; to encourage productive communication among adversaries; to deal safely and constructively with conflict; to engage in honest and fearless self-awareness; and to pursue alignment of the practice of law with one’s values.”