Trump U highlights a slew of lawsuits facing president-elect

Jesse Choper quoted by San Francisco Chronicle, Nov. 10, 2016

Despite the 1994 ruling, Jesse Choper, a constitutional law professor at UC Berkeley and a former Supreme Court law clerk, said he would like to see the court allow Trump or any other president to put all pending private lawsuits on hold while in office. “It would help him proceed with the job at hand,” Choper said.

What the Trump presidency means for the Constitution

John Yoo quoted by The Daily Signal, Nov. 10, 2016

“It’s not just Supreme Court justices that are important,” Yoo said. “It is also who the attorney general is [and] how the Trump administration is going to interpret and enforce federal law.”

Yoo said that would “have much more of an immediate importance about the Constitution than who he appoints to the Supreme Court.”

Trump’s policies may bring fresh wave of deals

Steven Davidoff Solomon writes for The New York Times, Nov. 10, 2016

This rise will be determined by whether a Trump administration can govern with stability. A conciliatory and seemingly normal victory speech combined with a turnaround in the markets on Wednesday make that seem like a real possibility and bode well for mergers and acquisitions.

Death penalty cases may speed up, but critics say Prop. 66 will not work

Elisabeth Semel quoted by Daily Journal (registration required), Nov. 10, 2016

Prop. 66 attempts to dictate how the state Supreme Court will manage its docket and takes from the Judicial Council the authority to establish the qualifications for defending capital cases and disbursing it to superior courts, Semel said, calling the initiative “a patchwork of ill-conceived ideas” that ignores constitutional rights.

The death penalty thrived at the ballot box, but it’s still declining

Elisabeth Semel quoted by Yahoo! News, Nov. 9, 2016

“As I talked to [voters] who were not lawyers, I found they generally understood Prop. 62 but were absolutely flummoxed by 66,” she said. “Some of them thought, ‘Well, if we can’t get rid of it, perhaps we can remedy it,’ without understanding the particulars of the initiative.”

#Calexit: Is it possible for California to secede from U.S.

David Carrillo quoted by ABC 10, Nov. 9, 2016

“There is no legal basis for a state to secede from the union.” Carrillo said. “The U.S. Constitution (A4s3) has a procedure for adding new states or subdividing existing states–both require Congress to consent. But there is no procedure, at all, in the U.S. constitution for a state to secede.”

Silicon Valley style puts gloss on Tesla’s bid for SolarCity

Steven Davidoff Solomon writes for The New York Times, Nov. 8, 2016

But how could you not bet on Mr. Musk’s vision? Because of this last fact, I fully expect this deal to happen. Perhaps this is to be admired. Too often, institutional investors play it too safe. Now, public shareholders can profit from some risk-taking instead of leaving it all to the venture capitalists.

Judges should have to OK MDL settlements

Andrew Bradt co-writes for Daily Journal (registration required), Nov. 8, 2016

In many ways MDL practice resembles class action practice. And without the judge providing a signal that the deal is worth taking, individuals may be left in the dark when deciding whether to accept. In an MDL-dominated litigation landscape, judges should embrace an information-intermediary role by expressing an opinion on the fairness of proposed mass settlements.