Experts criticize US electronic devices ban on some flights from Middle East

Paul Schwartz and Christopher Hoofnagle quoted by The Guardian, March 21, 2017

Paul Schwartz … noted that the 9/11 hijackers had a cell in Hamburg, Germany. “One potential problem with this approach where you single out countries is that you ignore the extent to which the terrorist threat is kind of state-less,” he said. “The terrorists have cells throughout the entire world.”

Efforts to more broadly restrict laptops on planes would likely face widespread resistance, said Chris Hoofnagle. …. “It’s a massive inconvenience to have to check a laptop, and you can imagine that such a demand is met with resistance by air carriers, who are powerful lobbies.”

Dole case illustrates problems in shareholder system

Steven Davidoff Solomon writes for The New York Times, March 21, 2017

The Dole settlement highlights that as our capital markets become ever more complex, share trading and ownership are getting harder to track. But in an age when computing power is cheap, why can’t we keep track of shares?

Arkansas’s cruel and unusual killing spree

Megan McCracken and Jennifer Moreno write for The New York Times, March 20, 2017

This will be the fastest spate of executions in any state in more than 40 years, placing extraordinary pressure on the execution team and increasing the risk of errors. What’s more, the state’s rationale for the schedule — the expiration date on its supply of midazolam, a common sedative — is faulty, because the drug shouldn’t be used in executions in the first place.

Lawmakers seek changes to California juvenile justice system

Stephanie Campos-Bui quoted by Associated Press, March 20, 2017

A new UC Berkeley School of Law study, “Making Families Pay,” says the fees disproportionately punish minorities. “These fees create tremendous harm to families, both economically and socially,” said Stephanie Campos-Bui, one of the report’s authors.

4 voices: Will a merit-based immigration system work?

Leti Volpp co-writes for San Francisco Chronicle, March 17, 2017

A “merit-based” system, which selects immigrants solely according to their human capital, would reduce visas allocated because of family ties, or human need. It would also dramatically alter the national origins of who is admitted to the U.S.

CA Attorney General Xavier Becerra, travel ban legal developments, Tea Party’s Randall Jordan

Melissa Murray interviewed by KQED-FM, March 17, 2017

“The courthouse is the avenue to justice that most individuals will have. The idea that if you are a victim of domestic violence or a victim of crime and you would be deterred from seeking justice for the crime against you because you fear being detained really runs afoul of basic principles of democracy and access to justice.”

Metro is spending billions of your tax dollars to build L.A. a world class transit system. Don’t let them blow it

Ethan Elkind writes for Los Angeles Times, March 17, 2017

If history is any guide, L.A. transit leaders have a habit of prioritizing politically expedient projects over ones that would benefit more riders. Faced with NIMBY opposition, our leaders too often cave.

Arkansas rushes to execute 8 men using drug linked to painful, botched executions

Megan McCracken interviewed by Democracy Now!, March 15, 2017

This drug is not effective and appropriate for this use. And there’s no reason to rush to carry out these executions by the end of April, when other drugs are available, and even this drug continues to be available to other states. And so, it’s really a manufactured situation that can be avoided.

The impact of cybersecurity concerns on M&A activities is growing: eDiscovery trends

Steven Davidoff Solomon quoted by JD Supra, March 15, 2017

Walking away from a merger agreement is almost impossible, according to Steven Davidoff Solomon. … To exit a deal, a company would need to prove that a data breach counts as a material adverse event or change as defined by so-called MAC clauses in merger agreements, he said.

Should agencies decide law? Doctrine may be tested at Gorsuch hearing

Steven Davidoff Solomon writes for The New York Times, March 14, 2017

The doctrine is now in the spotlight because one of its most prominent critics is none other than Judge Gorsuch.

His view is very different from that of the conservative giant he would replace on the bench, Justice Antonin Scalia, who died last year. Justice Scalia loved Chevron deference…. Judge Gorsuch, however, came out swinging against the doctrine in an opinion last year on the grounds that it gave too much power to federal agencies.