Fees for parents of incarcerated youth could end with proposed CA bill

Erwin Chemerinsky, Jeffrey Selbin, and Susan Gluss quoted by The Daily Californian, Sept. 13, 2017

These fees disproportionately impact families of Black and Latinx children, who represent more than 70 percent of youth in the juvenile justice system, according to Chemerinsky.

Selbin said such fees “undermine both rehabilitation and safety,” which he said are the main goals of the juvenile justice system. Selbin said he believes this is why the bill passed with bipartisan support — 37-3 in the Senate and 57-9 in the Assembly.

The passing of SB 190 in the State Senate and Assembly was a “hard-earned victory for students,” Berkeley Law spokesperson Susan Gluss said in an email.

Why we need total free speech on campuses

Erwin Chemerinsky interviewed by WNYC, Sept. 13, 2017

I think it’s so important for campus officials to respond to and condemn hate speech. Just because the First Amendment protects a right to say something, that doesn’t mean it should be said. Campus officials can describe the type of community they want to create and denounce hate speech as inconsistent with it.

The free speech-hate speech trade-off

Erwin Chemerinsky interviewed by The New York Times, Sept. 13, 2017

The central principle of the First Amendment — and of academic freedom — is that all ideas and views can be expressed. Sometimes they are ideas and views that we might consider noble, that advance equality. Sometimes they might be ideas that we abhor. But there is no way to empower a government or campus administration to restrict speech without allowing for the possibility that tomorrow, it will be our speech that is restricted.

When junk science about sex offenders infects the Supreme Court

Ira Ellman cited by The New York Times, Sept. 12, 2017

A few years ago, Ira Ellman, a professor of law at the University of California, Berkeley, and Tara Ellman set out to find the source of that 80 percent figure, and what he found shocked him. As it turns out, the court found that number in a brief signed by Solicitor General Ted Olson. The brief cited a Department of Justice manual, which in turn offered only one source for the 80 percent assertion: a Psychology Today article published in 1986.

Chemerinsky brief argues Trump’s pardon of Arpaio is void

Erwin Chemerinsky, Michael Tigar, and Jane Tigar brief cited by ABA Journal, Sept. 12, 2017

The trio argue the pardon is void for three reasons. First, the brief argues the pardon is not authorized by Article II’s grant of pardon power for “offenses against the United States.” … Second, the amicus brief argues that the pardon violates the principle that Article III courts have a duty to provide effective redress when a public official violates the Constitution. Third, the brief argues that Article III courts have inherent power to enforce their orders “and this power exists outside and beyond legislative empowerment and executive whim.”

An ex-Guantanamo detainee rebuilds his life in France

Laurel Fletcher quoted by Al Jazeera, Sept. 11, 2017

“When you have those incidents that are regularly cropping up, I think it activates people’s fear,” Fletcher says. She believes it’s a normal “visceral response” to support strong action in the wake of “terrorist attacks” – and that’s why Guantanamo may be experiencing a resurgence in popularity, despite evidence that its methods fail to make the public safer, she says.