Google in damage control after firing engineer over sexist memo

Elaine Rushing quoted by The Mercury News, Aug. 8, 2017

California employers can fire workers at will, as long as the termination isn’t based on discrimination by race, sex or age, said UC Berkeley Law lecturer Elaine Rushing. “He doesn’t fit into any of those categories,” Rushing said. “He will have a very steep uphill battle in my view of winning a wrongful termination case.”

Locked in

Franklin Zimring cited by The American Interest, Aug. 7, 2017

According to Berkeley Law Professor Franklin Zimring, author of When Police Kill, African Americans are 2.3 times more likely to be killed by police than are whites. Worse yet, American police kill much more often than police in other countries because of the riskiness of American policing: “The threat of lethal attack is a palpable part of being a police officer in the United States,” Zimring writes.

Affirmative action: Why now and what’s next?

Mark Yudof co-writes for The Chronicle of Higher Education, Aug. 3, 2017

Confronted with the prospect of adversarial proceedings, colleges will spend more time and resources on admissions and less on programs that capitalize on diversity in their student bodies. There will be fewer opportunities to develop and refine small classroom seminars that promote the exchange of ideas, campus activities that build cross-racial understanding, or programs that cultivate leadership skills in a multi­racial society. Yet these are the very initiatives to maximize diversity’s benefits that the court very likely had expected to emerge in a more stable legal climate for affirmative action.

Legal scholars dispute whether monuments are permanent

John Yoo cited by High Country News, Aug. 2, 2017

Yoo and Gaziano offer advice for how Trump should proceed: “We think the courts are more likely to uphold significant reductions if the president could credibly include in his determination that the original designation was inappropriately large relative to the object to be protected or has become so with changed circumstances,” they write in a report.

Local butcher shop hangs animal-rights sign under duress to stop protests

Christopher Kutz quoted by Berkeleyside, Aug. 2, 2017

“Is it extortion? Morally, of course, if you think this is pressure that shouldn’t be brought to bear,” said Christopher Kutz, who specializes in moral, political and legal philosophy. But “it’s not enforceable as criminal extortion,” he said. Extortion also requires a demand of money or property.

Cases against oil giants over climate change ‘credible’

Daniel Farber interviewed by Capital Public Radio, July 31, 2017

Daniel Farber says companies will try to get the cases thrown out for lack of jurisdiction. But if they move forward, it could open up new claims. “If the plaintiffs can just get to the point of discovery, that is the point where they’re entitled to get documents and to interview oil company officials, that is really a huge victory,” Farber said.