Global Competition Review, January 15, 2010 by Ron Knox
http://bit.ly/c9Bk5z (requires registration; go to G:\Law School in the News\News Clips for article)

Dan Rubinfeld, senior consultant at Compass Lexecon and professor at the University of California, Berkley, agreed, saying that there is no firm economic foundation for the agencies to use the 35 per cent market share threshold when screening mergers. “I’m hoping that screen will disappear in the revision of the guidelines.” Rubinfeld said.

The New York Times, The Bay Area News blog, January 13, 2010 by Anna Bloom
http://bayarea.blogs.nytimes.com/2010/01/13/john-yoos-spring-course-at-boalt-hide-and-seek/

Vital principles of academic freedom require that all of us affirm and respect his right to teach and the right of our students to take courses from him without interference, including disruption or intimidation. I have specifically asked my staff and the university police to make reasonable efforts to prevent such disruption or intimidation and, if unsuccessful, to arrest trespassers.

The Chronicle of Higher Education, January 13, 2010 by Mary Ann Mason
http://chronicle.com/article/Still-Earning-Less/63482/

Education does lead to higher incomes for women, but female breadwinners will continue to take home less than their male counterparts until educational segregation is eliminated and workplaces adopt flexible policies.

Los Angeles Times, January 12, 2010 by David G. Savage and Carol J. Williams
http://www.latimes.com/news/local/la-me-prop8-cameras12-2010jan12,0,1169353.story

“It’s obviously a disagreement between the 9th Circuit and the Supreme Court on bringing television or live video into a federal courtroom,” said Jesse Choper, a constitutional law scholar at UC Berkeley…. They disagreed, and the Supreme Court has the final word.”

The Wall Street Journal, January 11, 2010 by Stanley Lubman
http://blogs.wsj.com/chinarealtime/2010/01/11/stanley-lubman-the-telecom-company-that-didnt-play-by-the-rules/tab/print/

Foreign businesses in China are often presented with conflicts between ethical behavior and the temptation to bend or violate the rules that govern their activities. Such problems reflect both cultural differences and the uncertainties of China’s ongoing transition from a planned economy, via state-led capitalism — toward a goal that remains undefined.

The Washington Post, January 11, 2010 by Peter Henderson
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/11/AR2010011100217.html

“Issues about parents and children and the role of child rearing will be central to this case,” said Joan Hollinger, a lecturer in family law at the University of California, Berkeley.

-The Washington Post, January 10, 2010 by Jack Rakove
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/08/AR2010010801498.html

The great lesson of this past decade of misrule has been that our system works best when all three institutions are fully engaged. However much we celebrate the heroic presidents, Americans, as a people, have a stake in seeing the whole government achieve its potential. Yet what Yoo forces us to confront is the reality of all the striking advantages the executive enjoys. It is, in its way, an enticing portrait of presidential power—and a disturbing one.

-The Daily Show with Jon Stewart, January 11, 2010 Host Jon Stewart
http://www.thedailyshow.com/watch/mon-january-11-2010/john-yoo-pt–1

“In the end, it is still good for us to have the President able to make those good decisions, even at the cost of sometimes having Presidents who make the bad ones. It’s worth it to our system to be able to have a Lincoln or an FDR, even if the price is to have someone like a Nixon…. I think that’s part of the price we have to have in our system in order to be able to respond quickly to terrible challenges to the country.”

-Forbes, January 15, 2010 by Peter Robinson
http://www.forbes.com/2010/01/14/john-yoo-national-security-afghanistan-opinions-columnists-peter-robinson.html

As Yoo argues in the masterful new book he has just published, Crisis and Command: A History of Executive Power from George Washington to George W. Bush, the Founders intended the authority of the chief executive to remain flexible. “The president’s powers are meant to fluctuate,” Yoo explained, “expanding in emergencies then retracting in peacetime.”

-The Wall Street Journal, January 15, 2010 by Arthur Herman
http://online.wsj.com/article/SB10001424052748703436504574641210437351786.html#printMode

Crisis and Command is a carefully argued historical survey of the evolution of presidential power, particularly the power to make war. The book reveals how the Bush war on terror, far from overstepping constitutional bounds, was rooted in a tradition that reaches back to George Washington himself.

The Philadelphia Inquirer, January 10, 2010 by John Yoo
http://www.philly.com/inquirer/currents/81082822.html

Has the Obama administration retarded the integration of information by our intelligence agencies out of a touchiness for civil liberties? Some of the administration’s political appointees had attacked the Bush administration’s terrorist policies on exactly such grounds.

Associated Press, January 8, 2010 by Julie Carr Smyth
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/01/07/national/a074234S15.DTL

Now Ohio has shown it’s not necessary to paralyze inmates before executing them, said Ty Alper, associate director of the University of Berkeley’s Death Penalty Clinic. But the state’s backup method—injecting two drugs directly into muscles—remains untested, he said.

The Texas Tribune, January 7, 2010 by Brandi Grissom
http://www.texastribune.org/stories/2010/jan/07/small-towns-big-border-business/

In the words of Berkeley Law professor Jonathan Simon, we are “governing through crime”—isolation and exclusion in an expansive penal system is the dominant response to tough social problems.

University of Buffalo Reporter, January 7, 2010 by UB Law Forum
http://www.buffalo.edu/ubreporter/2010_01_07/profile

“Criminal law is so much about race, class, gender and sexuality,” she says. “Who gets punished, what do we make criminal, where is the line between things that the community might consider just immoral and what the community might want to make illegal? It’s a great course to teach because everyone comes into it with some sort of opinion.”

The Fresno Bee, January 7, 2010 by Charles Piller
http://www.fresnobee.com/1148/story/1772209.html

Professor Jesse Choper, a constitutional scholar at UC Berkeley’s Boalt Hall School of Law, said that even funding for higher education should not be set in constitutional concrete, impervious to other state needs. “You’ve got to be very selective in what you make immune to normal changes of mind,” he said.

San Francisco Chronicle, January 6, 2010 by Wyatt Buchanan
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/06/BATA1BDI6U.DTL&type=printable

David Gamage, an assistant professor of law at UC Berkeley, said job creation is a euphemism for tax cuts for certain industries. He cast doubt on the effectiveness of that strategy. He said it is “difficult to find support for the notion” that targeted tax cuts spur job growth.

The Wall Street Journal, January 5, 2010 by Mark Whitehouse
http://online.wsj.com/article/SB126255761275914079.html#printMode (requires registration; go to G:\Law School in the News\News Clips for article)

“We’ve moved closer to the precipice, and the precipice has moved closer to us,” Alan Auerbach, an economist at the University of California, Berkeley who has focused on U.S. government finances for about 15 years, said in an interview.

The Recorder, January 4, 2010 by Zusha Elinson
http://www.law.com/jsp/article.jsp?id=1202437343598&pos=ataglance&hbxlogin=1

“I think there is widespread support for bringing a district court judge with patent experience,” said Peter Menell, a professor at Berkeley Law who specializes in intellectual property.

The New York Times, January 4, 2010 by Adam Liptak
http://www.nytimes.com/2010/01/05/us/05bar.html?partner=rss&emc=rss

“The A.L.I. is important on a lot of topics,” said Franklin E. Zimring, a law professor at the University of California, Berkeley. “They were absolutely singular on this topic” — capital punishment — “because they were the only intellectually respectable support for the death penalty system in the United States.”

PBS NewsHour, December 30, 2009 by Spencer Michels
http://www.pbs.org/newshour/bb/entertainment/july-dec09/google_12-30.html

There really are not checks and balances in the agreement about pricing strategies. And it seems like, the more books that Google scans, the higher the prices can be. The entire thing transformed itself into a commercial enterprise. It’s basically turned this project into a bookstore, rather than a library.

The Daily Californian, December 27, 2009 by Emma Anderson
http://blog.dailycal.org/news/2009/12/27/investigation-still-ongoing-in-attack-on-chancellors-house/#more-1201

“The only evidence was that he was arrested,” Rosenbaum said. “They did not make a case that he was so dangerous that he could not be on campus.”

The National Law Journal, December 21, 2009 by Marcia Coyle
http://www.law.com/jsp/nlj/index.jsp (requires registration; go to G:\Law School in the News\News Clips for article)

“This may be a natural consequence, and the new priorities may be right, but this does mean fewer resources for other important law enforcement objectives,” said Weisselberg.

California Planning & Development Report, November 15, 2009 by Paul Shigley
http://www.cp-dr.com/node/2488 (requires registration; go to G:\Law School in the News\News Clips for article)

“At one level, I’m quite pleased with it. Virtually all the core policies in the Delta Vision plan are incorporated in the legislation.” Frank said. “It’s far from perfect. But it’s a significant improvement over the status quo.”