William Fernholz Lauds Moot Court Case and Presiding Panel of Judges

-Contra Costa Times, April 2, 2009 by Matt Krupnick
http://www.insidebayarea.com/oaklandtribune/localnews/ci_12056485

“This is an all-star panel,” said William Fernholz, director of appellate programs for the UC Berkeley law school, in a written statement. “We would be lucky any year to have one of these judges preside over the final round. It’s like hitting the jackpot to have all three join us.”

-The Daily Californian, April 15, 2009 by Keena Batti
http://www.dailycal.org/article/105267/supreme_court_justice_breyer_judges_moot_court_com

The case is centered on an actual lawsuit filed by the ACLU, which was never argued in the Supreme Court, according to Fernholz. “Justices that are sitting under the bench can’t talk about issues that might come before them,” he said. “This case is ideal in that it raises very complex and important issues, but thankfully, it’s moot.”

Richard Frank Says High Court Anti-Environmental Ruling Will Impact State Case

Daily Journal, April 2, 2009 by Lawrence Hurley
http://www.dailyjournal.com/law/index.cfm (requires registration; go to G:\Law School in the News\News Clips for article)

In the California case, the state Supreme Court is now likely to remand the case back to the 6th District in light of Wednesday’s decision, predicted Richard Frank, executive director of the Center for Law, Energy & the Environment at UC Berkeley School of Law. The Supreme Court’s ruling is of “direct relevance,” he added, which means environmentalists challenging plans for upgrading the Moss Landing site are unlikely to prevail.

Christopher Kutz Explains Limits of Spanish Case against U.S. Attorneys

The Daily Californian, April 1, 2009 by Erika Oblea
http://www.dailycal.org/article/105041/professor_john_yoo_may_be_charged_in_spanish_court

The court accuses Yoo and other lawyers of the administration with creating a legal framework that justified the torture of a Spanish citizen, said Christopher Kutz, a Boalt Hall School of Law professor and vice chairman of the campus’s Academic Senate. But because the case is being reviewed in Spain, Kutz said it is doubtful whether Yoo and the other lawyers will be arrested. “The likelihood of him being arrested and standing trial is basically zero,” Kutz said. “The case has legal significance apart from that, because it concerns the possible violation of serious domestic and international laws.”

David Sklansky Examines Prosecutors’ Dual Roles

The New York Times, Room for Debate, April 1, 2009 by David Alan Sklansky
http://roomfordebate.blogs.nytimes.com/2009/04/01/when-prosecutors-step-over-the-line/

“These two roles can pull prosecutors in opposite directions. The habits of combat we encourage in prosecutors, and that they need if they are to succeed in hard-fought cases, can tempt them to be less than painstaking about their broader set of obligations—the requirements imposed on them, for example, to disclose all potentially exculpatory information to the defense.”

Alan Auerbach Explains Impact of California’s Sales Tax Increase

Contra Costa Times, March 31, 2009 by John Simerman
http://www.contracostatimes.com/california/ci_12032567

The increase has little to do with monetary policy, said Alan Auerbach, a UC-Berkeley economics and law professor. “The state’s in a tough position. There are no good choices,” he said. Some people may hold off on big-ticket buys for a few years until the tax bump ends. Others may buy out of state or online, ignoring tax laws that require self-reporting. “It’s not just Nevada, it’s Amazon.com,” Auerbach said. “It’s going to have a negative impact.”

Jonathan Simon Thinks California’s Parole Problem Due to Overcrowded Prisons

KQED, Forum with Michael Krasny, March 26, 2009 Host Scott Shafer
http://www.kqed.org/epArchive/R903260900

“We sent too many people to prison to begin with. We don’t do much with them while they’re there. Half of all prisoners coming out of the system haven’t done any programming because there’s no incentive. Often we just can’t provide it for them given the current state of our prisons, which were designed very badly; they’re chronically overcrowded. They have about twice as many people in them as they should, so when they’re coming out on parole there’s been very little effort to get them ready for that.”