Who Gets to Define the Crime?

John Yoo quoted in The Regulatory Review, December 10, 2018

“Due to a combination of increasing societal complexity and congressional cowardice, Congress has punted more and more of its duty to legislate to agencies,” law professors John Yoo, of University of California, Berkeley School of Law, and James C. Phillips of Stanford Law Schoolwrote in the National Review. “Agencies have been only too happy to assume vast legislative powers, without the accountability of answering to the voters.”

Opinion: State counties must relieve youths, families of juvenile fees

Stephanie Campos-Bui and Jeffrey Selbin writes an Op-Ed for the DailyCal, November 30, 2018

Under state law, juvenile fees were supposed to help protect the fiscal integrity of counties. According to groundbreaking research conducted by the UC Berkeley School of Law and students from the Public Policy Clinic, the fees harmed youth and families, were often collected unlawfully and generated little net revenue for counties. Because youth of color are disproportionately arrested, detained and punished in the juvenile system, the fees were especially burdensome for families of color.

‘A major step forward’: California passes criminal justice reforms in 2018

Franklin Zimring in the DailyCal, November 29, 2018

“If you and I agree to do a robbery, and you bring a gun and you shoot somebody, and I didn’t know about that and I didn’t approve — too bad, I’m also a murderer under the federal murder rule,” said campus professor Franklin Zimring, faculty director of the criminal justice studies program at the UC Berkeley School of Law, in explanation of the overturned felony murder law.

Opinion: State law recognizes rivers and groundwater are connected — now what?

Michael Kiparsky co-writes for The Mercury News, May 9, 2018

Effective integrated management of groundwater and surface water is simultaneously one of the most important and most difficult challenges facing California. With broad integration, local creativity and ample state support, a sustainable water future above and below ground may just be attainable. It will take time, patience, and good faith effort, but it will be worth it.

Sorry, Mr. President, but with lawyers like Rudy Giuliani, who needs enemies?

Erwin Chemerinsky writes for The Sacramento Bee, May 7, 2018

Rarely does a lawyer implicate a client as being guilty of federal crimes on national television, but that is exactly what Rudy Giuliani has done to Donald Trump. Giuliani’s recent revelation on Fox News that Trump reimbursed Michael Cohen the $130,000 that had been paid to Stormy Daniels has potentially enormous legal consequences.

$650 million vote set on Delta tunnels project: Are taxpayers protected?

Holly Doremus quoted by The Mercury News, May 7, 2018

“If I were a board member, at this point I would not be ready to vote,” said Holly Doremus. … “There are too many uncertainties.” Chief among them, she said, is whether the district, which is based in San Jose and provides water to 2 million Santa Clara County residents, can leave the partnership without being on the hook for the entire $650 million.

How worried should we be about the nation’s strictest abortion law?

Jill Adams quoted by The Cut, May 7, 2018

“Iowa’s six-week ban on abortion provisions is the latest attempt of many by abortion opponents to enact patently unconstitutional laws in the hopes of teeing up a case that would allow the Supreme Court to strike down Roe v. Wade, and to further their efforts to establish fetal personhood,” Adams said.