Institute of Governmental Studies releases poll data on death penalty, bilingual education

Franklin Zimring quoted by The Daily Californian, August 29, 2016

“Executions are the third leading cause of death on death row (in California),” Zimring said, the first two being natural causes and suicide. But Zimring says that if Proposition 66 were to pass, it would mean such a large change in the death penalty procedures that the state would be tied up in litigation for years, leading to even more delays in executions.

Spyware firm tied to iPhone hack has U.S. ties

Chris Hoofnagle quoted by USA Today, August 26, 2016

“We are at this place because of law enforcement frustration with access to data in investigations. And so we are going to continue to see law enforcement agencies, even from legitimate democratic states, buying ‘hacking tools’ so that crimes that occur within their own borders can be investigated,” said Chris Hoofnagle.

Mitsuye Endo deserves the Presidential Medal of Freedom

Amanda Tyler writes for The Sacramento Bee, August 25, 2016

In a petition for a writ of habeas corpus, Endo challenged the internment policy as unconstitutional, correctly arguing that the government had no general authority to detain citizens without criminal charges. Notably, her case posed the first and only direct challenge to the internment camps to reach the Supreme Court.

You’re being tracked (and tracked and tracked) on the web

Christopher Hoofnagle quoted by IEEE Spectrum, August 23, 2016

“It’s not so much that I would invest a lot of confidence in the idea that there were X number of trackers on any given site,” Hoofnagle says of the University of Washington team’s results. “Rather, it’s the trend that’s important.”

Trying to turn back the clock on deals gone sour

Steven Davidoff Solomon writes for The New York Times, August 23, 2016

Several such clawback cases over buyouts that were hammered out in the years before the financial crisis but later failed have resulted in thousands of shareholders now fighting to keep the money that was paid out to them.

Lessons from the Viacom dispute

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

Whatever the reason, there is a lesson here for others: remember what your end game is and what is reasonable given your situation. Mr. Dauman never really had an answer to either other than keeping himself in power — and that has not worked so well as the board appeared to back away from supporting him.

How the first liberal Supreme Court in a generation could reshape America

Jonathan Simon quoted by Vox, August 22, 2016

“At the end of the day, the ability of courts to control the level of incarceration is relatively weak compared to legislatures who can change the underlying sentencing structure,” Simon warns. But one thing the Court can do is raise the cost of incarceration by insisting upon prisoners’ rights to humane conditions.