Professor Khiara M. Bridges appears on the Majority Report to discuss the bombshell leaked US Supreme Court brief from Justice Alito that would overturn Roe V. Wade
Dean Erwin Chemerinsky says even without an explicit constitutional amendment, access to abortion in California would be unlikely to change unless a pre-emptive federal law is passed by Congress
Oaklandside notes that Professor Khiara M. Bridges sounded the alarm in March over the impending loss of abortion protections, and how they would impact vulnerable people
Dean Erwin Chemerinsky predicts that if Justice Alito’s reasoning from the leaked draft opinion is followed, then there is a large number of constitutional rights that are in jeopardy
Professor Orin Kerr says the leaking of the Supreme Court draft opinion is the most egregious violation of confidentiality for a staff member or employee of the court
Professor Khiara M. Bridges says a decision against abortion rights would come down hardest on people who do not have the ability or means to travel where an abortion would be available and the only source of optimism may be in the likelihood that the Supreme Court’s decision will sort of spur activism
David A. Carrillo, Executive Director of the California Constitution Center, says states like California “can use their constitutions to increase protections for reproductive liberty”
Lecturer Shanin Specter says leaving the definition of individual rights to each of 50 jurisdictions will create the un-United States and predicts it is likely to get worse from here
Dean Erwin Chemerinsky and NYU Professor Burt Neuborne write the core principle underlying the First Amendment is that government cannot punish speech because it disagrees with its viewpoint, but that is exactly what Governor Ron DeSantis and the Florida Legislature have done to the Disney corporation for having dared to oppose legislation limiting discussion of gay issues in Florida’s public schools
Dean Erwin Chemerinsky writes federal Judge Mizelle’s misguided mask mandate decision is only the latest example of a bad practice that undermines orderly judicial processes and should be rejected by both sides of the partisan divide
Ethan Elkind, Director of the Climate Program at Berkeley Law’s Center for Law, Energy & the Environment, says big corporations are perhaps not the ideal “poster child” for a cap-and-trade revenue recipient, they likely do deliver emission reductions
Professor Dan Farber says the Supreme Court’s upcoming ruling in West Virginia vs. EPA is likely to curtail not just EPA’s ability to combat climate change but the government’s ability to protect the public from other threats, from financial fraud to public health
Professor Andrew Bradt says the results of the federal civil trial against opioid manufacturers underway in San Francisco will have ripple effects far beyond just the city
Ethan Elkind, Director of the Climate Program at Berkeley Law’s Center for Law, Energy & the Environment, claims that local agencies tend to poorly plan infrastructure work and don’t have enough capacity to manage megaprojects. They also often use procurement methods that create a management bottleneck.
Mridula Raman, Clinical Supervising Attorney at the Death Penalty Clinic, discusses the All Writs Act and if it can authorize prisoner transport in habeas proceedings
Savala Nolan, Executive Director of the Henderson Center for Social Justice, offers words of advice and wisdom to women of color, and other marginalized people, graduating law school
Ten percent of the seller’s commission from the auction of Justice Ruth Bader Ginsburg’s personal mementos will go to to fellowships offered by the Women of Berkeley Law
Ethan Elkind, Director of the Climate Program at Berkeley Law’s Center for Law, Energy & the Environment, says he believes mass rail transit will get the bulk of the ridership back to pre-pandemic levels.
A former Chief Justice of the Alabama Supreme Court wrote an op-ed urging the reexamination of the case of Toforest Johnson, a prisoner on Alabama’s death row long represented by the Death Penalty Clinic
A op-ed Dean Erwin Chemerinsky wrote last summer regarding possible D.C. statehood is cited to answer a Washington Post reader’s question about the constitutionality of it
Professor Chuck Weisselberg explains his fears regarding the Supreme Court signaling it may shield police from civil lawsuits for failing to provide Miranda warnings to suspects, saying police could be given an incentive to pressure people who refuse to talk
Professor Frank Partnoy, with fellow Robert Bishop, filed a comment letter regarding the SEC’s recent proposal to halve the deadline for large investors to disclose their stakes in companies
Alexa Koenig, Executive Director of the Human Rights Center, says that the challenge on convicting war crimes through social media images will be on the admissibility, on convincing judges this is something they should be allowing or heavily weighing
HRC’s Berkeley Protocol is being used by Ukrainian groups to determine how best to document and preserve evidence, as well as ethical and legal guidance for gathering eyewitness accounts
Alexa Koenig, Executive Director of the Human Rights Center, appears on the Lawfare Podcast for an in-depth interview examining the history of using social media for international criminal cases and Berkeley/the HRC’s role in developing the Berkeley Protocol
Professor Robert Merges 2004 paper, A New Dynamism in the Public Domain, is mentioned in an article examining whether corporations are going to use IP law to profit from psychedelics
Professor David Oppenheimer discusses the Tesla racial discrimination case and says the judge wrote a very careful opinion that will make it hard for Tesla to appeal
Professor Catherine Crump, Director of the Samuelson Law, Technology & Public Policy Clinic, filed suit on behalf of a coalition of immigrant rights groups seeking information from Immigrations and Customs Enforcement about the agency’s Intensive Supervision Appearance Program, a so- called alternative to detention program that has ballooned during the Biden administration
Lecturer Carla Shapreau, who has been working on the case of a Stradivarius violin stolen under the Nazis, is one of the thirty French and international speakers participating in the colloquium devoted to the spoliation of musical instruments in Europe, between 1933 and 1945