Federal Appeals Court rules for employer in dreadlock discrimination case

Angela Onwuachi-Willig quoted by Corporate Counsel, Sept. 30, 2016

“You can keep your hair as it is in one style,” Onwuachi-Willig said, referring to afros, if they are allowed, “or you can straighten your hair and wear it like a white person and style it however you want. To me, that’s very much like saying: ‘We’re going to make you bleach your skin.’ or ‘We’re going to make you have nose job because we think your nose is too broad.”

Alabama Chief Justice faces ouster

Jesse Choper interviewed by Bloomberg Law, Sept. 29, 2016

“This judge is sort of a poor judicial version of George Wallace in Alabama. But he’s never awakened this to reality. This is not his first encounter with the federal judiciary. … And my guess is, that they’re going to put him down. But he keeps getting elected in Alabama by the people.”

Strong words make treaties more effective. So is the Paris climate accord worded too flexibly?

Katerina Linos and co-author write for The New York Times, Sept. 29, 2016

So the good news is that firmly specified standards, even in a nonbinding agreement, can positively shift states’ behavior. But there’s a cautionary note: Compromises made through weak recommendations on controversial items will, at best, not help your cause. At worst, these compromises may actually undercut your objectives.

The digital age has destroyed the concept of ownership, and companies are taking advantage of it

Christopher Hoofnagle and Aaron Perzanowki ‘06 paper cited by Quartz, Sept. 28, 2016

When Perzanowski and Hoofnagle’s tested a version of the Media Shop that replaced the “Buy now” button with a “License now” button study participants more accurately understood their rights. Additionally, about half of all shoppers were willing to pay more to acquire a digital copy that explicitly came with traditional ownership rights, such as the right to resell.

Campaign 2016 vocabulary lesson: ‘Strategic racism’

Ian Haney López writes for Moyers & Company, Sept. 27, 2016

Equating dog whistling with personal bigotry minimizes the phenomenon. It’s not an expression of prejudice so much as a coldly calculated decision to seek advantage by manipulating the prejudice in others. Dog whistling is a strategy: it intentionally uses veiled terms to stimulate racial animosity, whipping up popular fears and stoking dangerous and misdirected resentments.

Berkeley Law professor publishes book on habeas corpus

Amanda Tyler interviewed by Northern California Record, Sept. 27, 2016

“A big part of what keeps my interest about this particular area of law is that it touches on a lot of larger concepts having to do with the separation of powers and the emergency constitution. And it also invites a rigorous historical inquiry into the role that habeas corpus has played over time during periods of great constitutional stress.”

Data on police shootings is improving but challenges remain

Franklin Zimring interviewed by KPCC-FM, Sept. 26, 2016

“You have a lot of statistics, and they’re all wrong. … slightly less than half of police killings were reported in any of the national statistical structures. … We now know numbers, but we don’t know circumstances, and we can’t audit.”