David Rosenfeld Explains Workplace Impact of Prop. 19

CBS5.com, August 13, 2010 by Robert Lyles
http://cbs5.com/video/?id=68210@kpix.dayport.com

“You can be tested for marijuana and it shows marijuana use, it could be two weeks, three weeks, four—a small amount. It could be for medicinal purposes. It has no impact on your work.” So labor attorney David Rosenfeld says Prop. 19 will fill a gap in the law, protecting employees from termination or prospective workers from elimination during drug prescreening.

Barry Krisberg Considers Private Patrols a New Approach to Public Safety

The New York Times, The Bay Citizen, August 13, 2010 by Richard Parks
http://nyti.ms/c03kNd

“We’ve been doing policing more or less the same way for a couple hundred years,” said Barry Krisberg, a criminologist at the Center for Criminal Justice at the University of California, Berkeley. “We’ve reached a point financially where we have to start exploring new ways to deliver law enforcement.”

Paul Schwartz Comments on Google’s Opt-Out Policy for Germany

The Christian Science Monitor, August 12, 2010 by Stephen Kurczy
http://bit.ly/dheORv

Street View’s opt-out option, says Paul Schwartz of the Berkeley Center for Law & Technology in California, highlights how Web users can snoop without being snooped on. “The Golden Rule is not enforced or enforceable,” he says. “Google is not saying that since you’ve opted out, you can’t use [Street View] forever more. It allows people to become free riders.”

John Yoo Says Leave Same-Sex Marriage to Voters

The Wall Street Journal, August 12, 2010 by John Yoo
http://bit.ly/90i5Pu (requires registration; go to G:\Law School in the News\News Clips for article)

As someone who supports gay marriage as a policy matter, I trust in the ultimate good will and generosity of the American people, if given the chance to express themselves through the Constitution’s traditional system for social change. Prematurely nationalizing gay marriage—either by banning it through constitutional amendment or allowing it by judicial fiat—only promises a replay of the abortion drama.

Barry Krisberg Bemoans ‘Racist Mentality’ of California Prisons

San Francisco Chronicle, August 11, 2010 by Robert Rogers and Guilherme Kfouri
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/11/BA0R1EPNJS.DTL

“It’s not a simple problem, but progress could be faster,” said Barry Krisberg, a fellow at the UC Berkeley Center for Criminal Justice. “How can we continue to condone overt segregation in any (state-supported) accommodations? Going into prison in California has, for decades, meant getting inculcated with an extremely racist mentality,” he said.

Daniel Farber Thinks Kagan Could Be Environmental Ally

Forbes, August 11, 2010 by Andrew Schenkel
http://bit.ly/9bcyGe

The University of California’s Environmental Law and Policy Blog describes Kagan as being much more liberal on the commerce clause, while favoring agencies like the EPA to implement policy. “We just need judges who understand that the paramount role in environmental law is played by Congress (with an assist from administrative agencies), not by the courts,” Dan Farber of UC Berkeley and UCLA Law wrote after Kagan was nominated.

Maria Blanco Decries Notion of Post-Racial Society

ABA Now, August 10, 2010 Moderated by Leslie M. Proll
http://bit.ly/9XtLGL

In cases of discrimination, the belief in a post-racial society among jurors can be devastating. Panelist Maria Blanco, executive director for the Chief Justice Earl Warren Institute, said that it’s quite difficult to prove intent when most jurors “try to minimize the very real effects and meanings of discrimination—discounting the reality is a very real influencer.”

Phillip Johnson Disputes Neutrality Doctrine

Discovery Institute, Liberty University Law Review, August 9, 2010 by Casey Luskin
http://www.discovery.org/a/15161

University of California (UC) Berkeley law professor Phillip Johnson observes: Whether schools that avoid the topic of religion altogether are thereby “neutral” towards religion is debatable. For one thing, the schools have to teach subjects—biology in particular—which touch directly upon matters of religious controversy. A textbook that teaches that the human species evolved gradually over millions of years from simple life forms is anything but neutral from the viewpoint of Biblical literalists.

Alice Miller Explains Iran’s Obligation to Imprisoned Hikers

The Daily Californian, August 9, 2010 by Mihir Zaveri
http://www.dailycal.org/article/109966/hiker_detained_in_iran_discovers_lump_in_breast

Alice Miller, a lecturer in residence … who has worked in the human rights field, said Iran has a general international obligation to “provide sufficient care for the life and health” of the hikers…. “You have the right to get treatment, but it won’t necessarily be instant,” she said. “It’s unfortunately a bit fuzzy under law.”