Eight executions in 11 days: Arkansas order may endanger staff’s mental health

Jennifer Moreno quoted by The Guardian, March 29, 2017

Jennifer Moreno, a staff attorney with the Berkeley Law death penalty clinic, said that by choosing to use midazolam, Arkansas had opted for a protocol that had no margin of error. “When you add to that the pressure of executing eight men in 11 days, you are just asking for something to go wrong – they are putting their team in a really difficult spot.”

Teenagers already know the key to protecting your privacy

Kenneth Bamberger and Deirdre Mulligan write for TIME, March 29, 2017

In the long run, our democratic institutions and civil society offer the best defense against runaway machines and misbehaving spy agencies. In the meantime, follow the smart teenagers’ example. Buy a roll of tape.

Trump has the power to revoke Bears Ears monument declaration, report says

John Yoo quoted by The Salt Lake Tribune, March 29, 2017

“This opinion is poorly reasoned; misconstrued a prior opinion, which came to the opposite result; and is inconsistent with constitutional, statutory, and case law governing the president’s exercise of analogous grants of power,” Yoo and Gaziano wrote. “Based on a more careful legal analysis, we believe that a general discretionary revocation power exists.”

A dearth of I.P.O.s, but it’s not the fault of red tape

Steven Davidoff Solomon writes for The New York Times, March 28, 2017

The confirmation hearing last week for Jay Clayton, who has been nominated to head the Securities and Exchange Commission, focused on the continued sluggishness of the market for initial public offerings. Senators pushed the nominee to do something, anything, to revive it.

The problem is that there is no magic wand — including deregulation — that can fix the decline.

Where will Raiders play next season? Lawyers reviewing lease

Mark Gergen quoted by East Bay Times, March 28, 2017

Mark Gergen, a UC Berkeley law professor, reviewed the lease and said it appears there is little the Coliseum authority can do to force the Raiders out early. … “It looks fairly straightforward,” Gergen said. “It looks like Oakland is bound on the option.”

Report: Infill is key to California’s future

Ethan Elkind quoted by Builder Online, March 28, 2017

“By encouraging housing near jobs, services and transit, along with savings on household energy use, the state can grow its economy and eliminate almost 1.8 million metric tons of greenhouse gas emissions per year,” says Ethan Elkind. … “That’s the equivalent of avoiding emissions from 378,100 passenger vehicles annually.”

How California can hit housing and greenhouse emission goals

Ethan Elkind quoted by The Mercury News, March 27, 2017

“Even building in more expensive markets, you’re providing economic benefits for the people who live there. And there are huge quality-of-life benefits. You’re allowing people to live close to jobs and services; somebody is no longer having to commute in from a place like Tracy, for example. They could live in Santa Clara.”

San Francisco fashionistas vs. Ivanka Trump

Prasad Krishnamurthy quoted by Mother Jones, March 27, 2017

The MAC lawsuit could hinge its argument on the premise that Ivanka Trump’s agents in the White House broke the law in promoting her products. Krishnamurthy adds that the remedy for the MAC lawsuit is fairly limited, which might mean a judge could interpret “unfair” pretty broadly in this case. Whatever the outcome, the suit is “symbolic in a way,” Krishnamurthy says.

Dem opposition poses little threat to high court nominee Gorsuch

John Yoo quoted by San Francisco Chronicle, March 27, 2017

“The more a nominee says, the more ammunition she applies to her opponents,” Yoo and Saikrishna Prakash … said Friday in an article for Fox News. They said Democrats “have tried to ‘Bork’ Gorsuch” — referring to the Senate’s rejection in 1987 of Supreme Court candidate Robert Bork, who expressed some of his conservative views at his confirmation hearing — but Gorsuch outsmarted them.

The threat to academic freedom

Mark Yudof quoted by US Daily Review, March 26, 2017

“The ACTA analysis of the BDS movement and academic freedom on university campuses is superb. The essay provides trustees and regents with the knowledge they need to understand the challenges to free speech and the troublesome underpinnings of the BDS movement. The authors also illuminate the legal context in which campus speech issues arise.”