Trump might be stuck with NAFTA

John Yoo co-writes for Los Angeles Times, Nov. 29, 2016

If Trump simply announced that the United States was pulling out of NAFTA, all the U.S. laws that implemented it would remain unchanged. Trump would have effectively freed Mexico and Canada to impose trade barriers against our products while leaving in place our preferential treatment of theirs — the worst trade deal in American history.

Six things to watch as Cisco, Arista head to trial over IP

Peter Menell quoted by The Recorder (registration required), Nov. 23, 2016

Berkeley Law professor Peter Menell writes in a recent scholarly article that Freeman faces a dilemma: “whether to follow the Ninth Circuit’s jurisprudence or the Federal Circuit’s interpretation of the Ninth Circuit’s jurisprudence.”

California gives lifeline to death penalty, approves reform

Franklin Zimring quoted by The Washington Post, Nov. 23, 2016

“The irony is that Prop. 66 was supposed to simplify and speed things up,” Zimring said. “The smart money would bet that it has made things more complex, increased the set of issues to be litigated and if anything could slow down the path to execution in California from its glacial pace previously, it is this.”

Prop N. doesn’t pass muster

David A. Carrillo co-writes for Daily Journal (registration required), Nov. 22, 2016

San Francisco voters approved Proposition N in November 2016. It would permit “a noncitizen resident of San Francisco who is of legal voting age and the parent, legal guardian or legally recognized caregiver of a child living in the San Francisco Unified School District to vote for members of the Board of Education.” This measure is contrary to controlling state law.

These Californians want to break away from the United States

Daniel Farber quoted by BuzzFeed News, Nov. 22, 2016

Daniel Farber … described the odds of California breaking away from the United States as “one in a billion.” …“It’d be like doing Brexit only harder,” Farber said. “We’d have to negotiate over trade, passports, and travel. We’d have to negotiate over the Colorado River and whether we could get water out of that.”

Despite conflicts, financial overhaul proposals have merit

Steven Davidoff Solomon writes for The New York Times, Nov. 22, 2016

The simple Trump plan seems to focus on making banks smaller and taking away the regulatory oversight and safety net. On the other hand, the Republican plan does not do away with financial regulation; it simply makes what the Republicans view as reasonable modifications to allow the banks to operate more effectively.

Jailed for ending a pregnancy: how prosecutors get inventive on abortion

Jill Adams quoted by The Guardian, Nov. 22, 2016

“Prosecutions for self-induced abortion are an abuse of the criminal justice system,” said Jill Adams, the chief strategist of the SIA Legal Team. “Once a woman has decided to end a pregnancy, she should be able to do so safely and effectively. Women who self-administer abortion need to be supported, not seized. Abortion, whether self-directed or provider-directed, is a private experience.”

Fish gotta swim: But maybe not in the Delta

Holly Doremus quoted by California Magazine, Nov. 21, 2016

“I don’t think the U.S. Congress can determine what does and does not satisfy state law,” Doremus says. “But there are other ways around it. If they make the case that state law conflicts with federal law, [a Republican Congress] could get their way [i.e., less water for the Delta and more for western San Joaquin Valley irrigators].

Citizens need more say over police surveillance technology

Catherine Crump writes for San Francisco Chronicle, Nov. 21, 2016

Now that the power of digital technologies to facilitate invasive, mass surveillance is widely known, it is time for citizens to demand greater transparency, oversight and control over surveillance in their communities. We look to local leaders to help safeguard our civil liberties.