Christopher Edley Defends Academic Freedom

San Francisco Chronicle, January 24, 2010 Editorial
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/24/EDG61BKAPE.DTL&type=printable

Law School Dean Christopher Edley says he supports debate and discussion…. “While many students and faculty are critical of the Bush administration policies and even of some of John’s actions, they think that academic freedom means that his right to be here and to teach has to be protected, until or unless there’s some sort of a conviction.”

Joan Hollinger Comments on Constitutionality of Prop 8

-Bay Area Reporter, January 21, 2010 by Matthew S. Bajko
http://www.ebar.com/news/article.php?sec=news&article=4492

“Under federal law there is no precedent for finding sexual orientation deserves any special protection,” said University of California at Berkeley Law School Professor Joan Hollinger, who specializes in family law and has been following the Prop 8 trial in court.

-Los Angeles Times, January 24, 2010 by Maura Dolan
http://articles.latimes.com/2010/jan/24/local/la-me-prop8-trial24-2010jan24

“I have never seen this level of quality in direct and redirect…” said Hollinger, a family law expert who has attended much of the trial. “But that doesn’t necessarily translate into a legal and constitutional victory by any means.”

-San Francisco Chronicle, January 29, 2010 by Bob Egelko
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/29/MNO21BP3AO.DTL&type=printable

But Hollinger said Thursday that opposition to interracial marriage had faded outside the South by 1967, after a large-scale federal commitment to civil rights. By contrast, she said, same-sex marriage still faces “opposition all over the place.” “I’m not optimistic about the Supreme Court on this,” she said.

-SF Weekly, January 29, 2010 by Joe Eskenazi
http://blogs.sfweekly.com/thesnitch/2010/01/gay-friendly_legal_scholars_hi.php

“If the issue is framed as whether, under the federal Constitution, there is a fundamental right to marry, [then] any exclusion from enjoying this fundamental right is subject to at least a higher level of scrutiny,” says Hollinger. “The state has to have substantial reason to justify the exclusion. If that’s the way it’s framed, the plaintiffs, it seems to me, are going to prevail. Easily.”

Aaron Edlin Thinks Immigrants Can Help Solve Our Health Care Woes

The New York Times, Economix blog, January 19, 2010 by Aaron Edlin and Dana P. Goldman
http://economix.blogs.nytimes.com/2010/01/19/can-immigrants-solve-our-health-care-problems/?pagemode=print

The United States should allow free immigration for all qualified nurses, doctors and medical technicians whose wages exceed $75,000 a year. Such an increase in supply may not stop health care costs from rising, but it will prevent them from rising even faster with a potential upsurge in demand.

John Yoo Argues for Broad Presidential Power in Recent Book

-San Francisco Chronicle, January 16, 2010 by Carolyn Lochhead
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/16/MNA51BIQN7.DTL&type=printable

“The law doesn’t compel anyone to make any policy decision,” Yoo said. “The war in Iraq was legal. That doesn’t compel the choice to go to war.”

-NPR, All Things Considered, January 19, 2010 Host Madeleine Brand
http://www.npr.org/templates/story/story.php?storyId=122734173

“You look at who most scholars think are our greatest presidents, men like Washington, Lincoln and FDR. These are presidents who were no shrinking violets. They embraced their power. They used their powers vigorously to attack the challenges of their day often, or sometimes, in direct conflict with the Congress and the Supreme Court. ”

-KGO AM 810, January 20, 2010 Host Gil Gross
http://www.kgoam810.com/Article.asp?id=1667684&nId=15&spid=25697

“We were less than a year after 9/11 and the government had captured … people who really planned and executed the 9/11 attacks themselves and were responsible for planning other future Al Qaeda attacks. And the government, the CIA, came to the justice department and the White House and said, ‘What can we do that’s legal?'”

-The New York Times, January 21, 2010 by Walter Isaacson
http://www.nytimes.com/2010/01/24/books/review/Isaacson-t.html

As the United States entered a semipermanent state of national emergency, marked by multiple wars and boosts in defense spending, power naturally flowed to the presidency, Yoo writes. The cold war brought forth one of the framers’ great fears, a large standing army in peacetime.

Dan Rubinfeld Criticizes Market Share Threshold in US Merger Guidelines

Global Competition Review, January 15, 2010 by Ron Knox
http://bit.ly/c9Bk5z (requires registration; go to G:\Law School in the News\News Clips for article)

Dan Rubinfeld, senior consultant at Compass Lexecon and professor at the University of California, Berkley, agreed, saying that there is no firm economic foundation for the agencies to use the 35 per cent market share threshold when screening mergers. “I’m hoping that screen will disappear in the revision of the guidelines.” Rubinfeld said.

Christopher Edley Opposes Disruptions of Prof Yoo’s Classes

The New York Times, The Bay Area News blog, January 13, 2010 by Anna Bloom
http://bayarea.blogs.nytimes.com/2010/01/13/john-yoos-spring-course-at-boalt-hide-and-seek/

Vital principles of academic freedom require that all of us affirm and respect his right to teach and the right of our students to take courses from him without interference, including disruption or intimidation. I have specifically asked my staff and the university police to make reasonable efforts to prevent such disruption or intimidation and, if unsuccessful, to arrest trespassers.