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.

Reform needed in how Chinese judges think

Stanley Lubman writes for The Wall Street Journal, Nov. 7, 2016

Wrongful convictions are well-known examples of some of the egregious problems in the criminal justice system. Professor He Jiahong, of Renmin University in Beijing, documents a number of wrongful convictions, such as the case of one man executed for the murder of a woman who was discovered to be alive six years later.

Initiatives will improve criminal justice system

Jonathan Simon quoted by Daily Journal (registration required), Nov. 7, 2016

“If we actually step up and start investing more in rehabilitation, we can use this good time credit accelerator system to really push people out at the time that they pose little risk to the community, and there’s very little value in incarcerating them,” Simon said.

Initiatives will improve criminal justice system

Andrea Roth quoted by Daily Journal (registration required), Nov. 7, 2016

“In these cases, we know that errors — such as faulty eyewitness reports, inaccurate forensic evidence, false confessions and more — led to wrongful conviction because of DNA testing,” Roth said.

Initiatives will improve criminal justice system

Ty Alper quoted by Daily Journal (registration required), Nov. 7, 2016

“It adds layers of bureaucracy to an already expensive and dysfunctional process,” said Alper. “By appointing unqualified counsel to represent people facing the death penalty, it risks injecting more mistakes into our capital punishment system.”

Initiatives will improve criminal justice system

Elisabeth Semel quoted by Daily Journal (registration required), Nov. 7, 2016

“There is decreased support even among people who philosophically support the death penalty,” said Elisabeth Semel. … She said it harms more than helps the nation, whether it’s “the tremendous costs, the steady number of exonerations, or an increased awareness of how consistently capital punishment is reserved for the poor and people of color.”