Oona Hathaway Criticizes Op-Ed on Restoring Senate’s Treaty Power

The New York Times, January 7, 2009 by Bruce Ackerman and Oona Hathaway
http://www.nytimes.com/2009/01/08/opinion/l08treaty.html?pagewanted=print

Mr. Bolton and Mr. Yoo are also on weak ground in suggesting that Congress has used its Article I authority only in the field of international trade. Both houses have acted under Article I to approve key national security accords, like the SALT agreement with the Russians or the recent United States-India nuclear agreement. Mr. Bolton and Mr. Yoo, however, don’t even mention Article I. While their claim would enable a minority of Senate Republicans to veto international agreements, it does not have a basis in either the constitutional text or precedent.

Franklin Zimring Blasts Police over BART Shooting

-The Mercury News, January 7, 2009 by Sean Maher and Josh Richman
http://www.mercurynews.com/localnews/ci_11394377

“Normally, what you get in a police deadly force interaction is a ‘he said, she said’ in which there’s at least an accusation like, ‘There was a flash of metal as he reached toward his pocket,'” Zimring said. “But this guy was already down on the ground…. He’s not in a position to be threatening anybody.” Use of deadly force is considered “in terms of a threat to the physical safety of the officer or somebody else and there’s none there in this case,” he added. “So it’s accident versus intention, but justification is off the table.”

-Oakland Tribune, January 8, 2009 by Kelly Rayburn
http://www.insidebayarea.com/oaklandtribune/ci_11411613

“What on earth are the Oakland police doing staying out?” he asked. BART police “don’t have exclusive jurisdiction over (homicides) in the city of Oakland, even if it’s in a BART station,” he said.

-Oakland Tribune, January 15, 2009 by Josh Richman
http://www.insidebayarea.com/oaklandtribune/localnews/ci_11465336

“At the beginning of this year, I thought that the district attorney’s office in Alameda County was one of the better departments in the United States, and nothing that’s happened since New Year’s Eve has changed my view,” he said, adding that if anything moved too slowly in this case, it was the Oakland Police Department’s involvement. “The missing moving parts were in police investigation. There was nothing slow and nothing dysfunctional, at least in the public accounts, with what went on in the Alameda County District Attorney’s Office.”

Michelle Anderson and Steven Weissman Endorse Equitable Energy Policies

The Mercury News, January 6, 2009 by Michelle Wilde Anderson and Steve Weissman
http://www.mercurynews.com/ci_11408993?IADID=Search-www.mercurynews.com-www.mercurynews.com&IADID=Search-www.mercurynews.com-www.mercurynews.com

As Obama has said, energy and climate security is “not only a problem, it is also an opportunity.” His administration has an opportunity—and a duty—to lead with policies that are as equitable as they are ambitious.

John Yoo Calls on Obama Administration to Restore Senate’s Treaty Power

The New York Times, January 4, 2009 by John R. Bolton and John Yoo
http://www.nytimes.com/2009/01/05/opinion/05bolton.html

International agreements that go beyond the rules of international trade and finance—that involve significant national-security commitments, or that purport to delegate lawmaking and enforcement functions to international organizations, or that could fundamentally alter the American constitutional system of individual rights—should receive the intense scrutiny of the treaty process, regardless of their policy merits.

Goodwin Liu Expects Obama to Support American Constitution Society’s Policy Ideas

NPR Weekend Edition, January 3, 2009 by Ari Shapiro
http://www.npr.org/templates/story/story.php?storyId=98918143

“This is just a tremendous opportunity for us,” says University of California Berkeley law professor Goodwin Liu. He’s the new chairman of the board at ACS. “Whereas I think in the last seven or eight years we had mostly been playing defense, in the sense of trying to prevent as many—in our view—bad things from happening, now we have the opportunity to actually get our ideas and the progressive vision of the Constitution and of law and policy into practice,” Liu says.

Richard Frank and Christopher Edley Propose Supreme Court Training Program

The Recorder, January 2, 2009 by Mike McKee
http://www.law.com (requires registration; go to G:\Law School in the News\News Clips for article)

“Advocacy before the Supreme Court is, at best, uneven,” said Richard Frank, a lecturer in residence at the UC-Berkeley School of Law. “Attorneys appearing before the court could benefit from some clinical training or preparation.”

Edley encouraged attendees to participate in the proposed program as “advocates or judges.”