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The new death penalty: COVID now a leading modern killer of California inmates on death row

As reported in this local article, headlined "Fifth San Quentin Death Row Inmate Dies During Prison COVID-19 Outbreak," the global pandemic is hitting California's death row hard these days. Here are the details: While California has not executed a death row inmate since 2006, an out-of-control COVID-19 outbreak at San Quentin State Prison may have contributed to the death of a fifth condemned inmate on Saturday. To date, more than 1,300 prisoners and 120 staff members have tested positive for ...
Tags: Law, California, US, Sacramento, San Diego, Ucla, Gavin Newsom, San Francisco Bay Area, Los Angeles County, San Pablo, Carey, Erskine, San Quentin State Prison, San Quentin, Machado, CDCR


"At least one highly dedicated Wikipedia user has been scrubbing controversial aspects of [Kamala] Harris’s 'tough-on-crime' record from her Wikipedia page, her decision not to prosecute..."

"... Steve Mnuchin for mortgage fraud-related crimes, her strong support of prosecutors in Orange County who engaged in rampant misconduct, and other tidbits — such as her previous assertion that 'it is not progressive to be soft on crime' — that could prove unflattering to Harris as the public first gets to know her on the national stage. The edits, according to the page history, have elicited strong pushback from Wikipedia’s volunteer editor brigade, and have drawn the page into controversy, t...
Tags: Law, California, Wikipedia, Atlantic, Reddit, Amy Klobuchar, Orange County, Kamala Harris, HARRIS, Sen Elizabeth Warren, Vp, Ann Althouse, Steve Mnuchin, Intercept, Stacey Abrams, Kamala -RSB- Harris


A Journalist Shield Law for the Provinces

This piece is based on my Parkland Institute report entitled, “Alberta’s Inadequate Legal Protection of Whistleblowers, Journalist Sources and Others Who Speak Out in the Public Interest.” The report is expected to be published online later this year. A person who wants to blow the whistle on wrongdoing in our society has a lot to worry about. On the legal front, they may lose their job or be sued. Whistleblower protections in Canada, which extend only the public sector employment, are poor. Mor...
Tags: New York, Supreme Court, Law, California, US, Canada, District Of Columbia, Alberta, Columbia, US supreme court, National Post, Abella, Hayes, Joe Mathewson, Justice Issues, Alberta Labour Relations Board


"Proposition 47’s Impact on Racial Disparity in Criminal Justice Outcomes"

The title of this post is the title of from the Public Policy Institute of California.  Here is its "Summary": While the COVID-19 pandemic has forced changes to correctional systems and law enforcement’s interactions with the community, widespread protests focused on the deaths of African Americans in police custody have intensified concern about racial and ethnic disparities in our criminal justice system.  In recent years, California has implemented a number of significant reforms that were...
Tags: Law, California, Douglas A Berman, Public Policy Institute of California Here


Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Thursday round-up

Court-watchers are focusing on Espinoza v. Montana Department of Revenue, in which the court held on Tuesday that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. At Reason’s Volokh Conspiracy blog, Ilya Somin finds it “unfortunate” that the decision was “a close 5-4 ruling, split along ideological lines with the five conservative justices in the majority, and the four liberals all dissenting,” because “[s]triking ...
Tags: Texas, Supreme Court, Law, California, Planned Parenthood, Washington Post, Montana, United States, ACS, Louisiana, Jackson, ACA, Economist, Round-up, Lech, National Review


"Others have rowed solo from California to Hawaii. But Ms. Madsen aimed to be the first rower with paraplegia..."

"... the first openly gay athlete and, at 60, the oldest woman to do so. She was two months in and halfway to Hawaii when she discovered a problem with the hardware for her parachute anchor, which deploys in heavy seas to stabilize the craft. She had been in constant contact with her wife, Debra Madsen, in Long Beach, Calif., by text and satellite phone, and Angela was posting pictures and observations on social media for those following her voyage. Debra said in an interview that when she warne...
Tags: Law, California, Sports, Disability, Hawaii, Survival, Coast Guard, LONG BEACH Calif, Angela, Debra, Madsen, Ann Althouse, Angela Madsen, Soraya Simi, Debra Madsen


In this Case, Persuasive Authority Must be Considered

by Dennis Crouch In law school, we talk about decisions that are binding as precedent and others that are not binding but that may be considered as persuasive authority.  There is very little precedent on when persuasive authority must be considered, and usually we say something flippant about ignoring the other decisions.  The case below is one that comes out the other way — the court abused its discretion by failing to consider persuasive authority.  Electronic Communication Techs., LLC v. S...
Tags: Florida, Supreme Court, Law, California, Patent, Fed, District Court, Fla, Federal Circuit, McKinley, ECT, Dennis Crouch, Techs LLC, Shopperschoice, Electronic Communication Techs LLC, ShoppersChoice Com LLC Fed


CCPA: California to enforce new digital privacy law starting today, despite calls for further pandemic delay

A digital privacy law that went into effect in California on January 1 will be enforced starting today, despite tech industry demands to delay enforcement because of the ever-worsening coronavirus pandemic. “For sure we will start enforcing on July 1,” said California Attorney General Xavier Becerra of the California Consumer Privacy Act (CCPA). Reports Rachel Lerman at the Washington Post: The law went into effect Jan. 1 after a winding and sometimes surprising route through a voter ballot pr...
Tags: Post, Technology, News, Privacy, Law, California, Washington, Tech News, U S Chamber of Commerce, Xavier Becerra, Becerra, Rachel Lerman, California Consumer Privacy Act (CCPA


Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Is it a death penalty success or failure when worst-of-the-worst plead guilty to avoid capital trial?

The question in the title of this post is prompted by this AP story out of California headlined "Accused ‘Golden State Killer’ admits murders, will avoid death penalty."  Here are the basics: A former police officer who terrorized California as a serial burglar and rapist and went on to kill more than a dozen people while evading capture for decades pleaded guilty Monday to murders attributed to a criminal dubbed the Golden State Killer. Joseph James DeAngelo Jr. had remained almost silent in c...
Tags: Law, California, Ap, Sacramento County, Vietnam, Ventura County, Exeter, Gavin Newsom, Southern California, Northern California, San Joaquin Valley, Jerry, Sacramento County Superior Court, Douglas A Berman, DeAngelo, Bob Hardwick


A Review of the “Final” CCPA Regulations from the CA Attorney General

On June 2, the California Attorney General’s office (the DOJ) released hundreds of pages of new material about its CCPA regulations, including 11,000+ words of its “final” regulations and a 59 page “final statement of reasons” purportedly explaining the DOJ’s thinking. This blog post recaps the regulations. Timeline for Development of the CCPA Regulations June 28, 2018: California enacted the CCPA. The law was initially scheduled to take effect January 1, 2020. January to March 2019: the DOJ he...
Tags: Law, Congress, California, Ada, Doj, Usc, Privacy/security, Eric Goldman, Newsom, CCPA, OAL, Office of Administrative Law OAL, Senate Judiciary Committee Hearing, California Assembly Hearing


"He had a very odd relationship with money. He never wanted any. He had an anarchist view of the relationship between humanity and money."

Said Caroline Dawnay, who was, for a while, the literary agent to Charles Webb, quoted in "Charles Webb, Elusive Author of ‘The Graduate,’ Dies at 81/His novel was turned into an era-defining movie, but he was never comfortable with its success, and he chose to live in poverty" (NYT).At his second wedding to [Eve] Rudd — they married in 1962, then divorced in 1981 to protest the institution of marriage, then remarried around 2001 for immigration purposes — he did not give his bride a ring, becau...
Tags: Law, California, Careers, Poverty, New Jersey, Kmart, West Coast, The Graduate, Performance art, Rudd, Robert Rauschenberg, Benjamin, Elaine, Webb, Charles Webb, Roswell Rudd


Abandoning Disparaging Marks

As TM owners willingly give up their racially disparaging and gender stereotyping marks, are there ways to ensure that the marks are not reoccupied by others wanting to free ride on their fame and infamy? Guest Post by Deborah R. Gerhardt, Reef C. Ivey II Excellence Fund Term Professor of Law at UNC School of Law Quaker Oats says it plans to phase out its “Aunt Jemima” brand. The character has long been criticized as a stereotypical representation of black women as inferior servants. In recognit...
Tags: Supreme Court, Law, South Park, California, China, Uspto, Washington Redskins, Trevor Noah, Patent, Redskins, Usc, Tam, Company, Mark Cohen, Colgate Palmolive, Southpark


Friday round-up

Sheryl Gay Stolberg reports for The New York Times that “[t]he Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” At ABC News, Devin Dwyer reports that “[t]he administration makes the case in a legal brief filed Thursday in” California v. Texas, “the case brought by 20 Republi...
Tags: Texas, Supreme Court, Law, California, Bloomberg, New York Times, Npr, Usa Today, Abc News, Kevin Johnson, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, ABA Journal, Trump, Round-up


Section 230 Protects Twitter from the “Devin Nunes’ Cow” Lawsuit–Nunes v. Twitter

In this well-publicized case, Rep. Devin Nunes sued Liz Mair (@LizMair) and the accounts @devincow (“Devin Nunes’ Cow”), and @DevinNunesMom for various tweets. That lawsuit is dubious. Even less wisely, Nunes also sued Twitter for these third-party tweets. The judge gave Nunes a first-hand tutorial in Section 230 and dismissed Twitter. The case wasn’t close. The court rejects Nunes’ key arguments: Courts can grant the Section 230 defense on a motion to dismiss because it is an immunity from su...
Tags: Twitter, Yahoo, Law, California, Virginia, Usc, Twitter Inc, Barnes, Liz Mair, Devin Nunes, Nunes, Content Regulation, Derivative Liability, Zeran, ConsumerAffairs, Nemet Chevrolet


Section 230 did not protect online car sharing platform

Plaintiff Turo operates an online and mobile peer-to-peer car sharing marketplace. It allows car owners to rent their cars to other Turo users. It filed a declaratory judgment action against the City of Los Angeles, asking the court to determine the service was not being run in violation of applicable law. The city filed counterclaims against Turo alleging (1) violation of local airport commerce regulations; (2) trespass; (3) aiding and abetting trespass; (4) unjust enrichment; and (5...
Tags: Law, California, Los Angeles, Santa Monica, Evan, Facebook Inc, Immunity, Evan Brown, Turo, Section 230, City of Los, Citing to Force, HomeAway com Inc


When Is A Date Certain Not A Date Certain?

To have the bar exam date as a moving target, as it is in California right now, is unacceptable.
Tags: Law, California, Law Schools, Bar Exams, Jill Switzer


"Investing in Failure: 2020 Ballot Initiative to Repeal Justice Reform Would Come at a High Cost to Californians"

The title of this post is the title of from the Center on Juvenile and Criminal Justice making the case against a ballot initiative before California voters this year.  Here is the report's introduction: In November 2020, Californians will vote on a ballot initiative titled Restricts Parole for Non-Violent Offenders.  Authorizes Felony Sentences for Certain Offenses Currently Treated Only as Misdemeanors.  Initiative Statute (“the initiative”), which would roll back key elements of the state’...
Tags: Law, California, Criminal Justice, Douglas A Berman, Ridolfi, Public Safety Realignment Proposition 47, Juvenile and Criminal Justice CJCJ


Symposium: As administration weighs next steps, it must consider that millions of American patients rely on DACA health care workers

Heather Alarcon is Senior Director of Legal Services at the Association of American Medical Colleges, which joined an amicus brief in support of the respondents in Department of Homeland Security v. Regents of the University of California. The Supreme Court’s 5-4 decision vacating the rescission of the Deferred Action for Childhood Arrivals program is a victory for health care workers and their patients across the country. Every day that DACA recipients are here is to our mutual benefit. The ent...
Tags: Featured, Supreme Court, Law, Congress, California, Boston, America, San Francisco, Chicago, Arkansas, New Jersey, Houston, St Louis, Donald Trump, Berkeley, Department Of Homeland Security


More notable reporting on the persistently notable carceral challenges posed by COVID-19

It has only been a few days since I rounded up, in this post, some headlines and stories about incarceration nation's continued struggles with the coronavirus pandemic.  But, in just that short time, I have seen enough notable new pieces that I thought it time to do another one.  The first two pieces are lengthy accounts of prison failings and worth every moment, the others provide a snapshot of ugly realities in particular jurisdictions: From The Marshall Project, "'I Begged Them To Let Me Die'...
Tags: Law, California, Missouri, North Carolina, St Louis Post, Douglas A Berman, KVUE State, The Spokesman Review Central Washington, WTOC Georgia Coastal State Prison


CCPA: California Attorney General Releases Final Proposed Regulations

Christina H. Kroll On June 1, 2020, the California Attorney General’s office released the third and final set of CCPA proposed regulations (available here). Below, we provide information about the final proposed regulations and enforcement actions. The CCPA, or the California Consumer Privacy Act of 2018, gives California consumers certain rights to learn about and control how businesses within the CCPA’s scope handle the “personal information” collected by those businesses. A business is subj...
Tags: Law, California, Regulations, Legislation, Anna, Privacy Policy, Compliance, Oag, AG, Proskauer, CCPA, Data Privacy Laws, Privacy Law, Privacy Litigation, OAL, California Office of Administrative Law


Opinion analysis: Court rejects Trump administration’s effort to end DACA (Updated)

It has been eight years since the Obama administration created the Deferred Action for Childhood Arrivals program, known as DACA, which allows undocumented young adults who came to the United States as children to apply for protection from deportation. In 2017, the Trump administration announced that it would end the program, which it believed had been illegal in the first place. Today, by a vote of 5-4, the Supreme Court ruled that the administration acted improperly in terminating the program,...
Tags: New York, Featured, Supreme Court, Microsoft, Law, Obama, Congress, California, Mexico, Dhs, United States, Nielsen, District Of Columbia, Donald Trump, Department Of Homeland Security, Duke


Camp Fire: PG&E pleads guilty to 84 counts of involuntary manslaughter for negligence in California’s worst wildfire

• PG&E pleads guilty in 84 Deaths caused by the Camp Fire • PG&E has agreed to pay the maximum penalty of $3.5 million along with $500,000 to cover the cost of the county’s investigation The California utility Pacific Gas & Electric has agreed to pay out a fine of close to $2 billion for causing the Camp Fire blaze that killed dozens of people, and destroyed the town of Paradise. “The judge overseeing the case, Michael R. Deems, has set aside time for people who lost loved ones in the fire to...
Tags: Post, Business, News, Justice, Law, California, Fire, US news, Wildfires, New York Times, Fires, Wildfire, Campfire, San Bruno, Bill Johnson, Pacific Gas Electric


The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes Turrecha, our new Privacy Law Fellow, about the regulations’ price discrimination provisions.] The CA Attorney General recently published the final text of the CCPA proposed regulations (the AG still calls them “Proposed Regs,” though it has completed its work on them). While t...
Tags: Facebook, Mark Zuckerberg, Law, California, US, E-commerce, Berkeley, Goldman, Doj, Privacy/security, Eric, DVC, AG, Eric Goldman, Lourdes, CCPA


Relist Watch: And then there was one

John Elwood reviews Monday’s relist. Whatever the opposite of “status quo watch” is, that is what we have this week. In one remarkable day, the Supreme Court denied review to the 10 relisted firearm cases (over the dissenting opinion of Justice Clarence Thomas, joined by Justice Brett Kavanaugh and, somewhat surprisingly, no one else); the nine relisted qualified immunity cases (over the dissenting opinion of Thomas, who argued that “[b]ecause our [42 U.S.C.] §1983 qualified immunity doctrine ap...
Tags: Texas, Featured, Supreme Court, Law, California, United States, Archer, Kansas, Rogers, Thomas, Alito, Andrus, Clarence Thomas, Henry Schein Inc, Samuel Alito, Texas Court of Criminal Appeals


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


"Whitewashing the Jury Box: How California Perpetuates the Discriminatory Exclusion of Black and Latinx Jurors"

The title of this post is the title of by faculty and students at the Berkeley Law Death Penalty Clinic.  This release about the report provides background and a summary starting this way: "An eye-opening report from Berkeley Law’s Death Penalty Clinic finds that racial discrimination is a consistent aspect of jury selection in California. The  investigates the history, legacy, and ongoing practice of excluding people of color—especially African Americans—from state juries through prosecutors...
Tags: Law, California, California Supreme Court, Marshall, United States Supreme Court, Thurgood Marshall, Douglas A Berman, Batson, Berkeley Law Death Penalty Clinic, Discriminatory Exclusion of Black, Berkeley Law 's Death Penalty Clinic



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