San Jose Mercury News, July 26, by Mike Zaplerhttp://www.mercurynews.com/ci_10005275?IADID=Search-www.mercurynews.com-www.mercurynews.comIt is Democratic Controller John Chiang, with the job of issuing paychecks, who would be snubbing the law if he continues to pay state employees as he has promised…. The controller “seems to be inviting a Schwarzenegger vs. Chiang lawsuit,” added David Rosenfeld, a labor attorney who teaches at the University of California-Berkeley School of Law.
David Gamage Explains Californian Lawmakers’ Call for Tax Hikes on Wealthy
Christian Science Monitor, July 26, by Ben Arnoldyhttp://www.csmonitor.com/2008/0726/p25s34-uspo.html“Structural inequality has been rising at a level we haven’t seen since before the Great Depression,” says David Gamage. “And the natural response, both psychologically and economically, is to make the tax system more progressive.”
Elisabeth Semel Applauds Court Ruling on Jury Selection
San Francisco Daily Journal, July 25, by Laura Ernde
www.dailyjournal.com [registration required]
The California Supreme Court Thursday removed any doubt about the use of a technique known as comparative juror analysis to make sure prosecutors aren’t improperly excluding blacks or other minorities from juries…. “It’s an acknowledgement by this court, which has been resistant, that it’s required to conduct comparative juror analysis,” said Elisabeth Semel…. “That’s the big message.”
Oona Hathaway Challenges Bush’s Unilateral Move in Iraq
Los Angeles Times, July 25, by Bruce Ackerman and Oona Hathawayhttp://www.latimes.com/news/opinion/la-oe-ackerman25-2008jul25,0,6663090,print.story“Once the deal is signed by both parties, it’s quite possible that the president will proclaim that this memo is special and can serve as a legal basis for all our activities in Iraq. If he does, he will be acting unconstitutionally. There are simply no precedents that support the presidential creation of legally binding commitments on the use of force without congressional consent.”
Jesse Choper Comments on Pro-Business Supreme Court Rulings
Legal Newsline, July 21, by Chris Rizo
http://www.legalnewsline.com/news/214252-judiciary-committee-to-probe-pro-business-supreme-court-rulings
Choper, a constitutional law expert, said since U.S. Supreme Court Associate Justice Sandra Day O’Connor retired in 2005 and Samuel Alito was named to fill the vacancy on the high court, there has been a “tendency generally” on the part of the court to be more “conservative” in their decisions overall, and that includes rulings that affect business and commerce. “They have to come out one way or another,” Choper said.
Elisabeth Semel Says Death Penalty is Not Guaranteed in Murder Cases
The Daily News of Los Angeles, July 20, by Tony Castro
www.dailynews.com [registration required]
Elisabeth Semel said there is never an easy answer in pursuing death penalty cases…. “The fact that it is a death penalty case shows that the murder or murders were horrendous enough to warrant its consideration—but that does not mean that the death penalty is automatic,” said Semel. “A jury takes many things into consideration in its deliberations, and there is no question that there is often an uphill battle for the prosecution and that the death penalty is not a foregone conclusion.”
David Sklansky Offers Perspective on U.S. Exclusionary Rule
International Herald-Tribune, July 18, by Adam Liptak
http://www.iht.com/articles/2008/07/18/america/legal.php?page=1
“Lots of scholars argue that the mandatory exclusionary rule ought to be re-examined,” said David Sklansky. “Those scholars are not all on the right of the political spectrum.” Sklansky said he believes the rule’s benefits continue to outweigh its costs.
Jesse Choper Thinks Fight to Remove Prop 8 a Worthy Battle
The Recorder, July 17, by Mike McKee
http://www.law.com/jsp/article.jsp?id=1202423046303
Choper felt the effort to get Prop 8 off the ballot had been worth trying, even though it failed.
“The state Legislature has voted for same-sex marriage a couple of times,” Choper said. “[Opponents of Prop 8] have everything to gain and nothing to lose.”
Jacob Hacker Says Average Americans Bear Burden of Economic Crisis
KCRW, To the Point, July 17, hosted by Warren Olney
http://www.kcrw.com/news/programs/tp/tp080717economic_crisis_real
“What we have now is a very substantial financial crisis that is intersecting with a long-term decline in the security of Americans, and the combination of those two is what makes the present situation so worrisome. The safety net, in other words, that families have has gotten more tattered, particularly for those who haven’t shared in the economic growth of the last ten years.”
Charles Weisselberg Warns Terror Trials May Erode Civilian Protections
Miller-McCun Magazine, July 11, by Ryan Blitstein
http://www.miller-mccune.com/article/517
Weisselberg believes the judicial ripple effects may reach beyond accused terrorists, with criminal law and procedures from terrorism trials bleeding over to federal cases…. “I don’t think there will be a way to protect U.S. law against these influences, even if we were to remove many cases from the federal courts system,” he said….. Despite his worries, Weisselberg hopes these theories won’t come to fruition. “I’d be happy,” he said, “to be proved wrong.”