Faculty in the News

Loyola faculty members pride themselves on being accessible to the media and part of the public discourse on news of legal significance. Visit Loyola's Summary Judgments faculty blog to read faculty opinions on current legal issues. Highlights of recent media appearances and quotations include:

2016

October

Jessica Levinson “California Ballot Measures: The Good, The Bad & The Ugly” KNBC-TV’s News Conference Loyola Law School's Jessica Levinson talks with NBC4's Conan Nolan about the California ballot. The guide is some 200 pages. She explains how it got so big. Plus, some insight into Prop. 64.
Laurie Levenson & Adam Grant “Loyola Law School's Project for the Innocent Claims Another Success” Champions of Justice Radio Show Loyola Law School Professor Laurie Levenson and Program Director Adam Grant describe the work of the Law School’s Project for the Innocent in helping set client Kash Delano Register free.
Not Applicable “Donald Trump’s Voter Fraud Claims are Ridiculous” Washington Post Or you can look at studies tracking voter fraud, like the now-famous one in which a professor at Loyola Law School traced years' worth of votes and found only a few sporadic instances of possible — but not certain — fraud. Specifically: 31 incidents out of 1 billion votes cast.
Justin Levitt “Why Trump's Voter Fraud Claims Will Have Little Impact” CNBC Justin Levitt, a professor at Loyola Law School in Los Angeles, tracked every significant report of voter fraud at the polls between 2000 and 2014. He found 31 instances out of over 1 billion votes cast. Voter fraud in the United States is vanishingly rare. It happens — and defenders of the theory will always trot out isolated instances — but on such a microscopic level as to be entirely meaningless.
Justin Levitt “Trump’s Claims About Voter Fraud are Based on a Lie” Vox Trump’s claim is simply baseless — voter fraud is extremely rare. Loyola Law School professor Justin Levitt has tracked credible allegations of in-person voter fraud for years, finding 35 total credible allegations between 2000 and 2014, when more than 800 million ballots were cast in national general elections, and hundreds of millions more were cast in primary, municipal, special, and other elections.
Steve Lurie “More Killings Go Unsolved in Minneapolis” Minneapolis Star Tribune A lack of trust means that “you can’t get witnesses to come forward, you can’t get witnesses to testify in court,” said Steve Lurie, an adjunct professor at Loyola Law School and a 20-year law enforcement veteran.
Michael Waterstone “Loyola Law Installs Dean Waterstone” & “Loyola Law School Celebrates Dean’s Installation” Los Angeles Daily Journal Loyola Law School’s celebration of the installation of Fritz B. Burns Dean Michael Waterstone was held in conjunction with the school’s annual Alumni Grand Reunion at its downtown Los Angeles campus last Saturday. Waterstone began his tenure as dean on June 1. He joined the faculty in 2006.
Not Applicable “Top Schools for Taxation” and “Top Schools for Business and Corporate Law” preLaw magazine Loyola Law School, Los Angeles receives an A for Tax Law, the highest grade given, and Corporate Law. Loyola’s unique tax offerings are also noted, including its students’ participation in the ABA Law Student Tax Challenge, where two teams reached the semifinals. [Excerpt] Students in the Sales and Use Tax Clinic at Loyola Law School, Los Angeles provide free representation to clients with burdens of less than $20,000 in disputes regarding state tax bills for items such as cars, planes or trucks that may have been imported from another state...One of the innovative classes is Advanced Tax Research and Planning.
Paula Mitchell “Yes on Proposition 62” The Orange County Register According to a 2011 report by U.S. 9th Circuit Judge Arthur Alarcón and Loyola Law School professor Paula Mitchell, California spent $4 billion above the cost of life imprisonment on the death penalty since 1978, due to higher legal and housing costs for death row inmates.
Justin Levitt “On Voter ID, Missouri GOP's Persistence May Finally Pay Off” Governing Only 31 credible cases of in-person voter impersonation -- the kind of fraud photo IDs protect against -- occurred in elections conducted between 2000 and 2014, according to a count by Justin Levitt, a law professor who is now working for the U.S. Justice Department. That's out of more than 1 billion votes that were cast.
Laurie Levenson “Questions Plague DOJ Over Inaction In Orange County’s Jail Informant Scandal” Huffington Post This argument didn’t make sense to everyone. Laurie Levenson, a professor at Loyola Law School who in 2015 was part of an OCDA-selected committee examining the conduct of the district attorney’s office in the aftermath of the jailhouse informant scandal, questioned the OCDA’s claim in 2008 that the lies were somehow irrelevant to the full investigation.“The standard for materiality is extremely low,” she said, according to the OC Register. “Maybe if they lied about what they had for lunch... that would be immaterial. But everything else would seem to be material.”
Jessica Levinson “Republican Assemblyman Cries Foul Over Lawn Signs that Put Trump's Name Next to His” Los Angeles Times Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission, says while some voters might consider the signs misleading, they're probably not illegal. "It's a really high bar because it's campaign speech," Levinson said. "Judges hate getting involved with these disputes if it's anything short of an absolutely blatant misrepresentation."
Not Applicable “LA County Supervisors Vote to Reform Juvenile Justice System” SCV News The result, according to separate studies by Loyola Law School and the Warren Institute on Law and Social Policy at UC Berkeley School of Law, was that youth represented by panel attorneys were more likely to end up in juvenile halls and camps, or to be tried as adults.
Jessica Levinson “Feminist Attorney Allred Demands that Trump, MGM Release 'Apprentice' Tapes” Politico Political analyst Jessica Levinson, a law professor at Loyola Law School of Los Angeles, acknowledged that Trump could face legal issues going forward. But, she added, "Donald Trump has been Teflon." And any possible victims who might wish to come forward may also have serious concerns.“You’re not only going up against a culture which puts women down for coming forward, but you’re going up against someone who has a history of asking people to sign contractual provisions to silence them, and who has access to all the best lawyers,’’ she said.
Ellen Aprill & Katherine Pratt “Tokić Presents Taxing Greed Today At Loyola-L.A.” TaxProf Blog Genevieve Tokić (Northern Illinois) presents Taxing Greed at Loyola-L.A. today as part of its Tax Policy Colloquium Series hosted by Ellen Aprill and Katherine Pratt.
Adam Zimmerman “Should the Education Department Hear Class Actions when Colleges Collapse?” RegBlog Loyola Law School Professor Adam Zimmerman discusses the possibility of class actions being used when college close. [Excerpt] We applaud the Department’s efforts to create a more efficient, effective, and fair process for student borrowers. We recently completed a major study for the federal government surveying the use of mass adjudication by administrative programs in areas as diverse as employment discrimination, mass torts, and health care. Based on our findings, the Administrative Conference of the United States—a government body that issues guidance for all federal agencies—adopted our recommendations in June.
Jessica Levinson “Initiative 735 Backers Seek Constitutional Amendment Saying All Are Equal” Peninsula Daily News Jessica Levinson, a professor at Loyola Law School who specializes in campaign finance, said she hates the Citizens United ruling, and she has written numerous editorials expressing that opinion. “A decision made in the name of protecting speech rights actually did the opposite,” Levinson wrote in a 2012 op-ed published in Politico as the country witnessed a huge increase in Super PAC spending during that election cycle.
Jan C. Costello “San Bernardino County Supervisor Pushes for On-the-Spot Drug Tests for Parents” California Grand Jury News Jan C. Costello, professor of child and family law at Loyola Law School in Los Angeles, said in a telephone interview that Lovingood’s proposal raises serious Fourth Amendment issues, and that although social workers do have authority to remove children from their homes if there is a perceived immediate threat to their safety, there is still due process afforded the parents.
Jessica Levinson “State Commission Dismisses Complaint that Chinese Money Tried to Buy Beverly Hills Ballot Measure” Los Angeles Times Jessica Levinson, a Loyola Law School professor who specializes in election law, previously told The Times that the union was warranted in asking for an investigation, but said proving the accusations would be difficult.“You need a money trail, almost a forensic accounting, or an admission” to prove wrongdoing, she said.
Justin Levitt “Trump and the Truth: The “Rigged” Election” The New Yorker By now, it seems almost quaint to point out that voter fraud in the United States is vanishingly rare. Yet the facts are clear. When Justin Levitt, a professor at Loyola Law School, tracked cases of alleged voter impersonation—that is, someone pretending to be someone else at the polls—between 2000 and August of 2014, he found just thirty-one incidents, out of more than a billion ballots cast in general, primary, special, and municipal elections during that period.
Yitzchok Adlerstein “Kosher Internet: A Niche, But Necessary Market for Ultra-Orthodox Jews” VICE "Orthodox Jewish homes have valued for as long as anyone can remember the idea of filtering," said Rabbi Yitzchok Adlerstein, editor of the Orthodox blog Cross-Currents and adjunct chair in Jewish law at Loyola Law School. "Not everything out there is of equal value and you're trying to keep your home and head full of ideas and images that are healthy and productive, rather than the opposite." That's the chief reason why orthodox homes usually don't have televisions, and why they do have internet filters.
Jennifer Rothman “Loyola Law School Sites Nominated as Best Legal Blogs” The Expert Institute Two Loyola Law School, Los Angeles blogs have been nominated for the 2016 Best Legal Blog Contest held by The Expert Institute. Voting is open until Nov. 13, 2016. The Loyola nominees are:
Rothman’s Roadmap to the Right of Publicity: Professor Jennifer Rothman runs the influential portal, which features analysis and updates on developments in right of publicity law and a state-by-state guide. VOTE NOW!
Summary Judgments: Loyola Law School’s faculty blog featuring commentary on emerging legal issues and scholarship updates. VOTE NOW!
Jeffery Atik “Exxon Is Hit With Fine From Chad Five Times Country’s GDP” Bloomberg The penalty exceeds the $61.6 billion financial blow BP Plc incurred after the Deepwater Horizon disaster in 2010 killed 11 rig workers and fouled the Gulf of Mexico with crude for months, and is more than 70 times larger than the $977.5 million Exxon was ordered to pay fishermen and other victims of the 1989 Valdez oil spill in Alaska. Chad is unlikely to collect most of the fine, said Jeffery Atik, who teaches international law at Loyola Law School in Los Angeles. “Nobody is going to cooperate outside of Chad in enforcing this judgment,” Atik said in a telephone interview. “This leaves Exxon exposed to possibly losing everything it has inside Chad but that’s such an extraordinary number, I can’t imagine the assets they have there are worth that much.”
Ellen Aprill “Aprill & Mayer: The Relationship Between the Trump Foundation and Trump’s Tax Returns” TaxProf Blog Professor Ellen Aprill co-authors an op-ad analyzing the Trump Foundation and Republican Presidential candidates Donald Trump’s tax returns. [Excerpt] As the debate between the Vice Presidential candidates Wednesday night made clear, Donald Trump’s refusal to release his tax returns remains an important campaign issue. The extraordinary tax losses that Donald J. Trump reportedly had in 1995 emphasize the need for him to fully disclose his tax returns for all years from then forward. Without disclosure of his federal income tax returns, we cannot begin to evaluate fully his claim on Tuesday that he has “legally” and “brilliantly” complied with all of our complicated tax laws.
Adam Zimmerman “Administrative Law SSRN Reading List, September 2016 Edition” Notice & Comment Professor Adam Zimmerman’s law review article Inside the Agency Class Action was one of the top five most downloaded administrative law review articles in the month of December. The article is described as “terrific and important article that similarly builds on the authors’ ACUS report.”
Eric Miller “Official Attitudes Shifting on When Videos of Police Shootings Should Become Public” St. Louis Post-Dispatch Withholding evidence about police shootings to insulate the jury pool is an argument for defense lawyers to make, not prosecutors, said Eric Miller, a criminal procedure expert from Loyola Law School of Los Angeles who is a visiting professor at Washington University here.“The public comes to very different opinions about what happened in a police video based on their view about the police,” Miller said. “The video doesn’t change a person’s views of police, so if you select the right jury, you’ll get the result you want, video or not. All you need is jurors who are able to follow the law, even if they have an opinion one way or another.”
Justin Levitt “A Case of Jim Crow Jr.: The GOP is Using Myth of Voter Fraud to Discriminate” The Daily Campus Justin Levitt, a professor at Loyola Law School, has conducted a study of nearly all local, state and federal elections between 2000 and 2014. Of the more than one billion votes cast, there were 31 documented instances of in-person voter fraud. Let that sink in. That means that for any particular person coming to the polls, there is a 0.000000031 percent chance that they will try to cast a fraudulent ballot. That is shockingly unlikely and certainly not significant enough to justify limiting the opportunity to vote.
Not Applicable “7 Mind-Blowing Campus Buildings Designed by Architect Frank Gehry” College Raptor Nestled near downtown LA, Loyola Law School is one of the nation’s highest-ranked institutions for those seeking a J.D. Over a period of about 24 years, Frank Gehry’s imagination dreamt up some of the most fascinating and colorful campus buildings on the west coast. The liveliness of the architecture is said to inspire students and be the “perfect atmosphere” for future lawyers.
Alexandra Natapoff “Orange County Snitch Program Jeopardizes Justice” KCET-TV Professor Alexandra Natapoff assesses the use of confidential jailhouse informants by the Orange County Sheriff and the Orange County District Attorney.
Laurie Levenson “Harsher Penalties for Prosecutors in State Who Withhold Evidence” San Francisco Chronicle Laurie Levenson, a Loyola Law School professor and former federal prosecutor who argued for the new disciplinary rules, said the State Bar has received hundreds of complaints about prosecuting attorneys who either failed to recognize evidence that would be helpful to the defense or refused to provide it to defense lawyers.“I think the public has lost confidence that prosecutors understand their duty,” she said.
Paula Mitchell “Deciphering CA’s Competing Death Penalty Measures” KCRW-FM Loyola Project for the Innocent Director Paula Mitchell discusses Prop 62, the proposition that would effectively eliminate the death penalty in California..
[Excerpt]
State-sanctioned killing demeans us as a society. It's not a deterrent. It does not promote public safety. It's a tremendous waste of money, it doesn't help the victims’ families, there's no articulable reason to have the death penalty. It's just impossible to justify at this point.
Not Applicable “Oldest and Last Known Survivor of the Armenian Genocide Remembers” Fox 11 [Excerpt]
The last known survivor of the Armenian Genocide was a special guest at an event hosted by the Armenian Law Students' Association at Loyola Law School.
Not Applicable “Oldest and Last Known Survivor of the Armenian Genocide Shares His Story” KABC-LA The last known survivor of the Armenian Genocide was a special guest at an event hosted by the Armenian Law Students' Association at Loyola Law School.
Michael Guttentag “Tuesday Round-Up: Salman v. U.S." SCOTUSblog Wednesday’s insider trading case, Salman v. United States, has provoked comment, including an op-ed in Forbes by Noel Francisco and James Burnham, who argue that “one reason why the law of insider trading is such a confused mess” “is that federal judges often refuse to dismiss criminal charges that are based on an incorrect understanding of what the law actually prohibits.” At Columbia Law School’s Blue Sky Blog, Michael Guttentag argues that the “problems” with requiring that a stock tip must confer a personal benefit on the tipper in order to trigger insider trading liability have become “insurmountable.”
Michael Guttentag “Insider Trading: Time for Supreme Court to Ditch Personal Benefit Test” The CLS Blue Blog Loyola Law School Professor Michael Guttentag discusses the Supreme Court’s upcoming Salman v. United State. [Excerpt] One way for the Supreme Court to resolve this issue is to rely on a sentence that is directly on point in its 1983 decision in Dirks v. SEC. In Dirks the Court introduced a “personal benefit” test, which stated that a selective disclosure of material nonpublic information can only trigger insider trading liability if “the insider personally will benefit, directly or indirectly, from his disclosure.” The Dirks opinion went on to say that such a personal benefit exists “when an insider makes a gift of confidential information to a trading relative or friend.”
Marissa Montes “Finally, Former Gangsters Have a Chance to Set the Record Straight” KPCC-FM “Some people are being arbitrarily placed in the database because of the neighborhood they live in or because they have family members or friends in gangs, and they hang with with them,” said Marissa Montes, who co-directs the Loyola Immigrant Justice Clinic.
Michael Guttentag “Mirrors, Odd Lots and Tick Sizes” Bloomberg View On the other hand, here is Michael Guttentag of Loyola Law School arguing that courts should get rid of the personal benefit test and "go back to the underlying statutory prohibition against deceptive conduct."
Theodore Seto “Tax Loopholes in the Real Estate Business” Marketplace Loyola Law School Professor Theodore Seto discusses special tax loopholes for those who work in the real estate industry. [Excerpt] “You take $100 million loss over that period, even though the building isn’t actually going down in value...You can use them to offset income from other sources including your salary. When you sell the building you then are taxed by the capital gains rate.”
Jessica Levinson “Supreme Court’s New Cycle” KABC-AM’s Peter Tilden Show Professor Jessica Levinson forecasts the U.S. Supreme Court cases schedule for oral argument in the October 2016 session.
Dan Lazaroff “High Court Stays Out Of College Athlete Pay Debate, For Now” Law 360 “If you look at the Ninth Circuit decision, it really was a two-edged sword," said Dan Lazaroff, professor emeritus at Loyola Law School, Los Angeles and former director of the school's Sports Law Institute. "The reason the NCAA wanted to go up is because they really wanted to get a Supreme Court decision that would either immunize them from antitrust rules or get a much tougher decision saying that what they were doing really wasn’t an antitrust violation at all.”
Arteen Mnayan “Armenian Bar Association Launches Mentorship Program, Lands A Large Number of Students” Massis Post The response among students has been overwhelmingly positive and energetic, as the number of students signed up for the Mentorship Program exceeds the number of currently-available mentors. To bridge this gap, some mentors have taken on multiple mentees. Arteen Mnayan, a third-year student from Loyola Law School, stated that he signed up for the Mentorship Program because he wants to meet fellow Armenian-American students and attorneys in a more personalized setting. According to Arteen, “Unlike other networking events, I felt like I could just be myself without having to put on a superficial, professional front. It was the most casual yet meaningful bar association program that I’ve ever attended.”
Justin Levitt “Court Kills GOP Voter Suppression Practice in Ohio” People’s World Ohio Republicans have expressed concern that the Appeals Court ruling might lead to voter fraud. However, according to the Post, a 2014 study by Loyola Law School Professor Justin Levitt found a mere 31 cases of voter impersonation out of more than a billion ballots cast.
Not Applicable “AP-NORC Poll: Half of Trump Backers Don't Trust Vote Count” Associated Press Such fears of voter fraud are unfounded. There is no evidence it is a widespread problem in the United States. A study by a Loyola Law School professor found that out of 1 billion votes cast in all American elections between 2000 and 2014, there were only 31 known cases of impersonation fraud.
Jessica Levinson “Initiative Seeks to Get Corporate Money Out of Politics” Seattle Times Jessica Levinson, a professor at Loyola Law School who specializes in campaign finance, said she hates the Citizens United ruling, and she has written numerous editorials expressing that opinion.“A decision made in the name of protecting speech rights actually did the opposite,” Levinson wrote in a 2012 Op-Ed published in the Politico newspaper as the country witnessed a huge increase in super PAC spending during that election cycle. “Now it’s the people with the most money who can speak longest and loudest.”
Not Applicable “'Yes to Prop 62' Releases New Ads in Campaign to Abolish Death Penalty System Broken 'Beyond Repair” Los Angeles Times The "Yes on 62" campaign says it took its $5-billion estimate from a report by California’s Loyola Law School in 2011. But one of its authors told PolitiFact California that was the figure spent on the entire system since 1978 — not just the the cases of 13 death row inmates.

September

Marissa Montes “U.S. Citizenship Applications Rise, and Many Cite Trump As Inspiration” San Francisco Chronicle Marissa Montes, co-director of Loyola Law School’s Immigrant Justice Clinic, which holds workshops in Los Angeles to help people apply for citizenship, said she has seen a three to fourfold increase in attendance this year. It’s a similar story in the Bay Area, where the East Bay branch of Catholic Charities has welcomed nearly double the usual number of attendees at the five naturalization events it has held this year...“People tell us they are becoming U.S. citizens to protect themselves from anything happening,” Montes said. “They hear Trump’s rhetoric and I think it really scared a lot of people. The only permanent way of never getting deported is if you’re a U.S. citizen.”
Laurie Levenson “Damacio Diaz: Effect on Criminal Investigations and Pending Cases” Kern Golden Empire Loyola Law School Professor Laurie Levenson said the scope of the corruption is not yet know. "This situation could have an impact for years to come," she said.
Not Applicable “Wrongfully Convicted? New Law Changes Standard for Appeals” Riverside Press-Enterprise Sens. Mark Leno, D-San Francisco, and Joel Anderson, R-Alpine, authored Senate Bill 1134. Besides the San Diego-based project, other supporters included the Northern California Innocence Project at Santa Clara University School of Law, Loyola Law School’s Project for the Innocent and the ACLU.
Justin Levitt “The Obstacles We Face On November 8th” Huffington Post Indeed, according to Justin Levitt, a professor at Loyola Law School, out of one billion votes cast between 2000 and 2014, only 31 were possible cases of impersonation fraud.
Jessica Levinson “Napolitano Sues Hahn Over Six-Figure Campaign Contribution Violation” Los Angeles Times Jessica Levinson, an L.A. city ethics commissioner and Loyola Law School professor, pointed out that there’s an “easy and legal loophole” for donors looking to help county candidates with large contributions.
Not Applicable “New Bill Makes It Easier for the Wrongfully Convicted to Prove Their Innocence” Lake Country News [Excerpt]
NCIP, the California Innocence Project at California Western School of Law in San Diego, Loyola Law School’s Project for the Innocent and the ACLU co-sponsored the bill.
Justin Levitt “The Texas Voter ID Fight Keeps Getting Weirder” Bloomberg Civil rights advocates say the threat of fraud is overblown. A 2014 analysis by Justin Levitt, a professor at Loyola Law School who’s now a deputy assistant attorney general in the DOJ’s civil rights division, found 31 instances of possible voter impersonation out of 1 billion ballots cast over 14 years. “One is more likely to see the tooth fairy standing next to Santa Claus at the voting booth,” says national NAACP president Cornell William Brooks.
Not Applicable “Police and Prosecutors Must Be Held Accountable For Wrongful Convictions” Sacramento Bee Loyola Project for the Innocent exoneree Obie Anthony writes an op-ed on AB 1909. [Excerpt] AB 1909 would create a standalone statute making it clear that it is a felony for any prosecutor to intentionally and in bad faith withhold evidence of innocence. Although technically illegal to withhold this type of evidence, state law is not explicit about it. There is a felony statute for peace officers who conceal evidence. There is also a law if someone introduces false evidence, but the law does not specifically state it is a crime to withhold proof that a person is innocent.
Marissa Montes “Piden Mayor Claridad en Lista de Datos de Pandilleros en California” (“Call for Transparency in Gang Database”) KMEX-TV/Univision 34 Loyola Immigrant Justice Clinic Co-Director Marissa Montes discusses the positive attributes of AB 2289, a law governing gang databases that broadens notice requirements, provides an opportunity to contest inclusion in a database and requires the State Department to provide annual reporting on the databases.
Jessica Levinson “San Jose City Council Approves ‘Legal Defense Funds’ for Elected Officials” San Jose Mercury News “Could special interests try to funnel money to keep an incumbent in office and misuse the purpose of this fund? Yes, they could,” said Jessica Levinson, a professor at Loyola Law School and president of the Los Angeles Ethics Commission. “But that assumes the judicial system isn’t going to do its work.”
Ellen Aprill “Trump Directed $2.3 million Owed to Him to His Tax-Exempt Foundation Instead” Washington Post “You cannot take money that you earned, that’s your income, and direct it elsewhere” without paying taxes, said Ellen Aprill, a professor at Loyola Law School in Los Angeles. “If you do it, you have to treat it as your income, and you have to pay tax on it first.”
Aaron Caplan “New California Law Lets Actors Remove Their Age From IMDb” LAist "It's unconstitutional," Aaron H. Caplan, a professor of law at Loyola Law School who teaches constitutional law classes and literally wrote a con law textbook, told LAist. "It violates the First Amendment pretty clearly."
Ellen Aprill “Big League Trouble: Trump Faces New Questions About His Charity Finances”   “This is not as a clear violation as the self dealing, but it does make you wonder about how the foundation is being run,” Ellen Aprill, a professor at Loyola Law School in Los Angeles said.
Priscilla Ocen “Looking Intersectionally and Seeing Structural Bias” Jotwell Every day, across the criminal justice system, state and private actors wield discretion in making decisions: Is a girl standing before a police officer, prosecutor, child welfare official, or social worker a victim in need of protection or a perpetrator, in need of punishment? Does she need harsh correction or gentle, resource-rich protection? Is she a prostitute or is she a victim of trafficking? In (E)Racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors, Priscilla Ocen presents compelling data suggesting that these discretionary decisions open a door to the exercise of implicit bias and lead to devastating outcomes, disproportionately removing Black girls from the realm of protection embodied by anti-trafficking laws and placing them squarely in the hands of the punitive mechanisms of the juvenile justice system.
Jessica Levinson “California Playbook” Politico Jessica Levinson, professor at Loyola Law School and political analyst: “It may not change many minds, but for the undecided, this was a win for Hillary. Trump came off as overbearing and slightly unhinged.”
Laurie Levenson “Scholars Consider Impact of Jewish Vote on Election” Daily Trojan Several of the panelists — including Laurie Levenson and Schnur — noted that as a minority group that has often been treated more harshly in the past as a result, it is only natural to be sympathetic toward the other targeted minority groups in the 2016 election.
Jessica Levinson “Why It's So Hard to Know Who is Funding the Marijuana Legalization Battle” Riverside Press-Enterprise How fundraising is reported can influence the outcome of elections, according to Jessica Levinson, a professor at Loyola Law School in Los Angeles who focuses on campaign finance.“The public views the amount of money you have raised as a proxy for viability,” she said.
Cesare Romano “Panel On The Right To Scientific Progress And Freedom For Scientific Research” Intellectual Property Watch Professor Cesare Romano of the International Human Rights Clinic at Loyola Law School in Los Angeles offered his experiences on how to bring claims before certain fora. Romano outlined strategic litigation and general advocacy for the right to scientific research and the problems that arise in their processes. Romano highlighted that civil society could participate and present information on activities undertaken by states to realise the rights under Article 15, in the universal periodic review for example, and that opportunities existed on the regional level too. “In sum, there is a huge range of possibilities and places where progress can be made,” but at present there is a limited number of actors who know how to use these processes in an effective way concluded Romano, who also bid for more common knowledge.
Jessica Levinson “Who’s Funding Marijuana Legalization in California? It’s Hard to Follow the Money” San Jose Mercury News How fundraising is reported can influence the outcome of elections, according to Jessica Levinson, a professor at Loyola Law School in Los Angeles who focuses on campaign finance.“The public views the amount of money you have raised as a proxy for viability,” she said.
Jessica Levinson “China's Wanda Group Accused of Funneling Foreign Money into Beverly Hills Ballot Measure” Los Angeles Times “My sense is there is enough to ask for an investigation,” said Jessica Levinson, a Loyola Law School professor who specializes in election law who read the complaint. “But you need a money trail, almost a forensic accounting, or an admission” to prove wrongdoing.
Justin Levitt “A Complete Guide To Early And Absentee Voting” NPR So rare, in fact, that there were only about 31 separate incidents of possible voter fraud since 2000, based on data collected by Justin Levitt, a professor at Loyola Law School. This includes general, primary, special and municipal elections from 2000 to 2014.
Justin Levitt “Pseudo IDs a Bad Idea” Milwaukee Journal Sentinel Justin Levitt, a professor at Loyola Law School in Los Angeles who studies election administration and redistricting, found only 31 instances of voter fraud out of about 1 billion votes cast during the time period he examined, 2000-2014. According to an op-ed that he wrote for the Washington Post in 2014, he isn’t sure even all of those are actual fraud.
Sande Buhai “Queen of Divorce: Angelina Jolie Hires Expert in Separating Hollywood Royalty” The Guardian She impressed teachers at Loyola Law School, said Sande Buhai, one of the professors. “Laura was exceptionally mature and diligent, one of the best students we ever had. She has great communication skills and wonderful empathy. I remember she was working on a case that seemed pretty hopeless and she refused to give up and managed to get a good settlement for our client who had been discriminated against because he was disabled.”
Aaron Caplan “Do Lawyers Make Better Presidents?” Summary Judgments Loyola Law School Professor Aaron Caplan assesses the value of a law degree for those with political aspirations. [Excerpt]
What do the following Presidents have in common: Thomas Jefferson, Abraham Lincoln, Woodrow Wilson, and Franklin D. Roosevelt? All are frequently voted by historians as amongst the 10best U.S. Presidents – and all were lawyers or law school graduates.
Not Applicable “Statistics Don’t Lie: Voter Fraud is a Myth” The Daily Gazette Mr. Dickson thinks we have had ramped-up voter fraud by aliens or “certain people.” Let me give you a fact: From 2000 to 2014, there were 31 incidents of in-person voter fraud out of 1 billion votes in our country, per a comprehensive study by Loyola Law School in 2014.
Paula Mitchell “PolitiFact California: Did California spend $5 billion to execute 13 people?” KPCC-FM The Yes on 62 campaign says it extrapolated the $5 billion estimate from a report by California’s Loyola Law School in 2011 that placed the cost of the state’s entire death penalty system at $4 billion.One of the report’s authors, Paula Mitchell, told PolitiFact California that the $5 billion figure is her updated estimate for how much state and federal taxpayers have spent on California’s entire death penalty system since 1978, not just on cases for the 13 people who have been executed.
Justin Levitt “The Success of the Voter Fraud Myth” The New York Times An editorial debunking voter fraud cites a study by Justin Levitt, a Loyola Law School, Los Angeles professor serving as the top voting rights lawyer in the Department of Justice. [Excerpt] The ploy works. During the 2012 election, voter ID laws in Kansas and Tennessee reduced turnout by about 2 percent, or about 122,000 votes, according to a 2014 analysis by the Government Accountability Office. Turnout fell the most among young people, African-Americans and newly registered voters. Another study analyzing elections from 2006 through 2014 found that voting by eligible minority citizens decreased significantly in states with voter ID laws and “that the racial turnout gap doubles or triples in states” with those laws.
Not Applicable “The Problem With Poll Watchers” Pacific Standard Contrary to claims by Trump and groups like True the Vote, studies of recent elections have found scant evidence of voter impersonation fraud at the polls. One 2014 analysis, by Justin Levitt — then a professor at Loyola Law School, and now the Obama administration’s top voting rights lawyer in the Department of Justice — could find allegations of about 250 such fraudulent votes from 2000 to 2014, a period when there were more than one billion total votes cast.
Adam Zimmerman “Should the Education Department Hear Class Actions When Colleges Collapse?” Huffington Post Loyola Law School Professor Adam Zimmerman writes an op-ed discussing how the Department of Education should handle ITT students’ appeals for forgiveness of federal student loans after their alma mater’s closure. [Excerpt] The Department of Education recently proposed an innovative new rule to streamline student claims for loan forgiveness. Rather than hear cases one by one, the Department of Education will offer a “group process” modeled on class action rules in federal court for students who attend the same college with the same kinds of claims. Schools could also be required to pay off loan balances for approved claims.
Jay Dougherty “2016’s Most Fun Cities in America” WalletHub Professor Jay Dougherty of Loyola Law School, Los Angeles discusses ways to make Los Angeles more compelling for visitors seeking entertainment and other attractions. [Excerpt] Keep it clean, safe and have good public transit and/or walkways. Identify less well-known gems, such as restaurants and music venues and get the information online or otherwise available to visitors. Encourage the arts and good food. Organize small "festivals" of local entertainment resources.
Jessica Levinson “Campaign 2016: Clinton, Trump Virtually Tied” KCAL-TV & KCBS-TV Political expert Jessica Levinson of Loyola Law School provides an analysis of what's happening in the presidential race. [Excerpt] We are seeing this growing divide, but we are also seeing a tightening. And this almost always happens in September. We will see what happens with the debates, but I think this is going to be a tighter election than people predicted.
Jessica Levinson “Governor's Dinners with Donors on Hold” Santa Cruz Sentinel The overt offer of paid access for donors who may be seeking approval of particular legislation was legal and not out of the ordinary, but still discouraging for unmonied voters, said Jessica Levinson, a Loyola Law School instructor on issues including campaign finance and ethics."It's our current system," Levinson said. "It feels kind of distasteful and dispiriting but by the same token if you're the (political) party...than this is the way to do it."
Paula Mitchell “Californians to Vote on Ending Death Penalty” Voice of America Paula Mitchell is with Loyola Law School in Los Angeles, California. She says Californians have spent way too much on executions since the state brought back the death penalty in 1978.
Jan C. Costello “San Bernardino County Supervisor Supports Social Workers Drug Testing Parents” The Sun Jan C. Costello, professor of child and family law at Loyola Law School, said in a telephone interview that Lovingood’s proposal raises serious Fourth Amendment issues, and that while social workers do have authority to remove children from their homes if there is a perceived immediate threat to their safety, there is still due process afforded the parents.
Justin Levitt “Trump’s Call for a Flood of Poll Watchers Could Disrupt Some Voting Places” ProPublica Contrary to claims by Trump and groups like True the Vote, studies of recent elections have found scant evidence of voter impersonation fraud at the polls. One 2014 analysis, by Justin Levitt — then a professor at Loyola Law School, and now the Obama administration’s top voting rights lawyer in the Department of Justice — could find allegations of about 250 such fraudulent votes from 2000 to 2014, a period when there were more than one billion total votes cast.
Cindy Archer “Pro Bono Bill Veto Was a Shock” Los Angeles Daily Journal Loyola Law School, Los Angeles Associate Dean Cindy Archer writes an op-ed on Gov. Jerry Brown vetoing Senate Bill 1257, which would have required those seeking admission to the California State Bar to complete 50 hours pro bono service. [Excerpt] While some were disappointed, Brown's decision to veto the bill is an opportunity - an opportunity to avoid the "no-brainer," a quick and easy new bar requirement that may have provided some relief, but would not have fundamentally solved our access-to-justice problem. Rather than seeing Brown's veto as an end to the conversation, I see it as a new challenge to not only continue, but to possibly broaden and deepen the conversation about lawyers, legal education and access to justice. There is always that chance that if the bill had passed that some would have felt at least one issue had been resolved and the conversation about a very important topic might have stalled.
Justin Levitt “Poll: Nearly Half of Americans Say Voter Fraud Occurs Often” Washington Post The prevalence of voter fraud appears to be widely overestimated. A 2012 investigation by the News21 investigative reporting project published in The Washington Post found only 2,068 cases of alleged voter fraud had been reported since 2000, including only 10 cases of voter impersonation over the entire period. A separate study by Loyola Law School professor Justin Levitt found 241 potentially fraudulent ballots over a 14-year period out of 1 billion ballots cast.
Not Applicable “Policy in the Golden State — Abolishing the Death Penalty” Citizens Journal High costs are a defining characteristic of the death penalty. Current estimates, extrapolating from the 2012 Loyola Law School study, show California spent roughly $5 billion to operate our death penalty system since 1978. During that time, the state executed 13 people.
Jena MacCabe "Loyola Student Wins Rule of Law Writing Competition" Beverly Hills Bar Association Jena MacCabe ’17, Treasurer for the St. Thomas More Law Honor Society and Developments Editor on the Loyola Law Review, wins Beverly Hills Bar Association Rule of Law Writing Competition.
Justin Levitt “Trump is Recruiting an Army of Poll Watchers. It's Even Worse Than It Sounds” Mother Jones Contrary to claims by Trump and groups like True the Vote, studies of recent elections have found scant evidence of voter impersonation fraud at the polls. One 2014 analysis, by Justin Levitt—then a professor at Loyola Law School, and now the Obama administration's top voting rights lawyer in the Department of Justice—could find allegations of about 250 such fraudulent votes from 2000 to 2014, a period when there were more than 1 billion total votes cast.
Kathleen Kim “Kim to Step Down from Police Commission”   Police Commission mayor Eric Garcetti has announced Loyola Law School professor Kathleen Kim will be stepping down. He's nominated prominent social justice advocate Shane Murphy Goldsmith to fill her place
Laurie Levenson “DOJ's War on Conservatives” Washington Examiner Laurie Levenson, a former federal prosecutor who is a professor at Loyola Law School, said the memo appears to show [former Oregon Gov. John] Kitzhaber saying, "She's working for them, and we better put her in a role where she can deliver."
Alexandra Natapoff “Texas Panel to Debate Limits on Jailhouse Snitches” Austin American-Statesman Alexandra Natapoff, a Loyola Law School-Los Angeles professor and author of “Snitching: Criminal Informants and the Erosion of American Justice,” told the Cole commission at its June meeting that she had identified three now-exonerated Texans who were convicted of murder, and one who was convicted of aggravated robbery, who were snitched on by jailhouse informants since 2010. “Jailhouse informants have become well-recognized as a major source of wrongful convictions in the United States,” Natapoff told the Cole commission, named for a Texas Tech student was was convicted of rape in 1986 and cleared by DNA tests in 2009 — 10 years after he had died in prison.
Allan Ides “The Supreme Court: What Happens Next?” The LMU Experience Perhaps the biggest prize for the winner of the 2016 presidential election is the ability to shape the Supreme Court and the judicial branch. We spoke with Allan Ides, professor and Christopher N. May Chair at the Loyola Law School in Los Angeles, about prospects for the U.S. Supreme Court in the context of a new administration that will take the White House in January 2017. Early in his career, Ides served as clerk to the Honorable Clement F. Haynsworth, Jr., chief judge of the United States Court of Appeals for the Fourth Circuit, and Associate Justice Byron R. White of the U.S. Supreme Court.
Karl Manheim “Is There a Legal Precedent for Fighting Lamar Smith Subpoenas? Try 1960" InsideClimate News Karl Manheim, a law professor at Loyola Law School in Los Angeles, said the 10th Amendment isn't absolute, but does give the two attorneys general grounds to argue that Smith is pushing federal power over states too far. "They have an argument that they are being singled out for unique treatment that is barred by the 10th Amendment," he said. "The federal government cannot impose different obligations on different states."
Kathleen Kim “LA Police Commission Changes again: Mayor’s Ex-Aide Added” MyNewsLA Mayor Eric Garcetti says Loyola Law School professor Kathleen Kim will step down from the Commission after three years, and he nominated the president of Liberty Hill Foundation — a prominent funder of social justice causes — to fill the position...“Kathleen brought valuable insight to the commission at an important time in its history, and her work will continue to be felt in the progress she helped to bring about,” he said.
Gary Williams “After a Man Convicted of Murdering a Woman Goes Free, Questions Linger Over Why He Was Charged in First Place” Los Angeles Times Legal experts said they saw nothing wrong with a civil attorney lobbying for criminal charges as long as prosecutors based their decision on evidence. “People of influence talk to the DA all the time, and that’s not per se a problem,” said Loyola Law School professor Gary Williams.
Jessica Levinson “How a Congressional Race in Santa Barbara Became One of the Most Expensive in the Country” Los Angeles Times “It is a textbook example of how you can use PACs and Super PACs,” said Jessica Levinson, a Loyola Law School professor who specializes in election law. “It is a great way to mask your donors or just raise money. You have to dive down a couple of levels to see who is really behind anything.”
Jessica Levinson “Election 2016: Libertarian Candidate Flubs on Syria” KCBS-TV Loyola Law School Professor Jessica Levinson discusses Libertarian candidate Gary Johnson’s remarks on Aleppo, Syria. [Excerpt] Governor Johnson's remarks show just an incredible lack of basic knowledge of foreign policy, and I think that for people who thought that he was a viable alternative or essentially they would be a conscientious objector if they vote for him, that faith is shaken and I think it also means he will not get to the 15 percent he needs to be part of the national debate.
John Nockleby “Vaccine Critic Dr. Bob Sears Faces Disciplinary Action For Excusing Toddler From Immunizations” KCAL-TV & KCBS-TV Loyola Law School, Los Angeles Professor John Nockleby discusses Dr. Bob Sears, a vocal critic of mandatory vaccination laws and a Capistrano Beach pediatrician, who faces disciplinary actions from the state medical board for recommending a 2-year-old patient forego immunizations.
Paula Mitchell “Californians Weigh Competing Death-Penalty Measures” Voice of America Radio Network In the past three decades, “California taxpayers have spent $5 billion [on death row inmates]," said law professor Paula Mitchell of Loyola Law School."The state has executed 13 people. Roughly 100 have died [of natural causes] on death row before their appeals were finished or before the state could execute them,” she added.
Adam Zimmerman “The Agency Class Action” Public Citizen Consumer Law & Policy Blog Professor Adam Zimmerman’s article Inside the Agency Class Action is highlighted by Public Citizen Consumer Law & Policy Blog.
Adam Zimmerman “Trial-Light GM Bellwethers Bear Fruit For Ignition MDL Deal” Law360 It's information that can only be dissected during a trial-prep process that runs parallel to equally critical endeavors, said Adam Zimmerman, a professor at Loyola Law School in Los Angeles. "A lot of other things kind of happen along the way," Zimmerman said, including discovery, interrogatories, choices as to who the lead and liaison attorneys will be, and sometimes appointment of a special master to facilitate communication.
Jessica Levinson “Political Paradox? Prop. 59 Asks Californians to Condemn a Big-Money System Long Used Here” Fox & Hounds “Citizens United didn’t change the law in California but it did, I think, change the culture,” said Jessica Levinson, a Loyola Law School professor specializing in campaign finance law. “It has created a psychological shift in terms of the amount of money we expect to be spent by, quote unquote, independent groups.”
Jessica Levinson “Vast majority of Californians lean in favor of marijuana ballot initiative, poll says” KPCC-FM’s AirTalk Loyola Law School Professor Jessica Levinson speaks to AirTalk regarding Prop 64, a measure that would allow certain sales of marijuana, as well as cultivation taxes. [Excerpt] It’s true, 71% of people in California agreeing to do something is remarkable. And I think legalizing marijuana, like other issues we’ve discussed in the past, is really about a matter of time when it comes to demographic voters. People who were younger voters are now older voters. And for some of them the idea that marijuana is illegal is frankly, is surprisingly and questionable.
Jessica Levinson “Political Paradox? Prop. 59 asks Californians to condemn a big-money system long used here” CalMatters “Citizens United didn’t change the law in California but it did, I think, change the culture,” said Jessica Levinson, a Loyola Law School professor specializing in campaign finance law. “It has created a psychological shift in terms of the amount of money we expect to be spent by, quote unquote, independent groups.”
Justin Levitt “The Results on Voter ID Laws Are In — And It's Bad News for Ethnic and Racial Minorities” Los Angeles Times It is unlikely that the falloff in turnout is due to a reduction in actual voter fraud. Voter ID laws can only prevent voter impersonation, where someone votes in another person's place. Despite widespread efforts to find such fraud, documented instances are almost nonexistent. Justin Levitt, Loyola Law School professor and now a deputy assistant attorney general in the Justice Department, tracked voter-impersonation allegations from 2000 through 2014 in all kinds of U.S. elections general, primary, special and municipal. As of August 2014, he found 31 credible instances out of more than 1 billion votes cast in general and primary elections alone.
Justin Levitt “The Paranoid Style in American Politics Is Back” New York Times In the New Jersey election in 2004, 3,611,691 votes were cast and there were “eight substantiated cases of individuals knowingly casting invalid votes,” Justin Levitt, the study’s author, who is now deputy assistant attorney general in the Civil Rights Division of the Department of Justice, wrote. He calculated that illegal votes amounted to 0.0004 percent of the total.
Linda Whitfield “The Most Improved Schools for Employment” National Jurist's preLaw Linda Whitfield, assistant dean for career development, said students are assigned career counselors, who track their progress throughout their law school career. "We meet with them to determine their goals, review resumes and cover letters, and we offer them mock interviews, Whitfield said.
Not Applicable “Top Schools for Public Interest, Criminal and Health Law” National Jurist's preLaw Loyola Law School, Los Angeles is awarded an A+ for Public Interest, an A for Criminal Law and a B+ for Health Care Law.
Not Applicable “False Confessions Make It Harder to Establish Innocence for Alleged Juvenile Offenders” Juvenile Justice Information Exchange There are many youth advocates pursuing the issue of handling youth as if they were adults, such as student clinics at the University of Southern California and Loyola Law School. These advocates are relying on recent Supreme Court decisions in Miller v. Alabama as well as some state laws that provide for sufficient due process for minors who receive life with possibility of parole or very long sentences known as "virtual life." The Supreme Court very recently extended the scope of the Miller decision in Montgomery v. Alabama to all prisoners serving these harsh sentences who were arrested before age 18. Typically, remedies in Miller or Montgomery appeals seek petitions for resentencing or for reconsideration of parole decisions.
Not Applicable “Despite Court Ruling, Voting Rights Fight Continues In North Carolina” NPR Nationwide, voter fraud is also very rare. A law professor at the Loyola Law School in Los Angeles tracks claims of voter fraud. Of the more than 1 billion votes studied, he found only 31 credible cases of fraud.
Adam Zimmerman “Inside the Agency Class Action” Mass Tort Litigation Blog Professor Adam Zimmerman’s article “Inside the Agency Class Action” is highlighted. [Excerpt] The article is a culmination a project both Adam and Michael initiated with the publication of their article The Agency Class Action in 2012. Since then Adam and Michael were asked by the Administrative Conference of the United States to study the actual use of class action-type procedures in agency proceedings, which culminated in a report released this summer (for background, check out my JOTWELL submission here). The new draft article analyzes the results of that study. The article should be of great interest for mass tort practitioners, particularly those who litigate (or who contemplate litigating) in agencies in addition to courts. I cannot recommend it highly enough!
Alexandra Natapoff “Californians' Looming Life-Or-Death Decision” The Brad Blog The problem, of course, is much larger than just that one case. In a Golden Gate Univ. Law Review article, Loyola Law Professor Alexandra Natapoff observed that "45.9% of documented wrongful capital convictions have been traced to false informant testimony, making 'snitches the leading cause of wrongful convictions in U.S. capital cases'."
Jessica Levinson “Opposition Voices Silent on November's Supreme Court Retention Vote” Des Moines Register Could two families' grief be enough to spark a contentious campaign over the justices' retention similar to those in past years? It's unlikely, unless their anger is paired with resources, said Jessica Levinson, a professor at Loyola Law School who studies judicial elections. By themselves, a "few disaffected people" is not enough, Levinson said. "What you need to oust a sitting judge often times is a concerted effort," she said. "You need the dedication of more than a few people, and you need money."
Justin Levitt “Trump's 'Rigged Election' Rhetoric Could Inspire Voter Intimidation, Say Experts” The Guardian Recent studies indicate that voter fraud is not widespread. Only 31 cases of possible in-person voter fraud were found from 2000 to 2014, during which period over 1bn votes were cast in general and primary elections, according to a study by Justin Levitt, a professor at Loyola Law School.
Laurie Levenson “Bill Cosby’s Crucial Pretrial Test: Will Other Sex Assault Accusers Be Allowed To Testify?” Buzzfeed News Cosby’s legal team and Montgomery County District Attorney Kevin R. Steele are expected to battle over that issue and other key pretrial motions, which will end up being “a really key part in this case,” said Laurie Levenson, a professor at Loyola Law School and former U.S. Attorney.
Laurie Levenson “Brock Turner and Recalling Judges" KQED-FM Professor Laurie Levenson discusses the push to recall Judge Aaron Persky in the wake of Brock Turner’s six-month sentence. [Excerpt] “I think judges need to have the independence to make the decision that they think is right in an individual case. Will they get it wrong? Yes. Do I think he got it wrong in this case? Yes. But I worry a lot more about judges looking over their shoulder every time they sentence someone worried about a recall.
Aaron Caplan “Native American Student Files Lawsuit To Wear Eagle Feather At Graduation” Counter Current News “If you look at the actual language of the California constitution, it says the practice of religion is guaranteed and then says you don’t have a religious right to engage in practices that are licentious or bad for peace or the safety of the state,” says Aaron Caplan, a professor at Loyola Law School in Los Angeles.

August

Michael Guttentag “Wednesday round-up” SCOTUSblog The faculty blog at Loyola Law School, Los Angeles, introduces Michael Guttentag’s latest law review article, which focuses on “the first Supreme Court insider trading case in almost twenty years.”
Stan Goldman “Video: LAPD Searching Chris Brown's Home After Hours-Long Standoff” LAist "That's the whole point of the 4th Amendment warrant requirement, that you need a warrant before you enter unless you have an emergency. For instance, if he was assaulting her at the time, if he was threatening to kill himself with the gun, if he was pointing the gun out the window—if something was happening with some immediacy, then they could enter," Stan Goldman, a law professor at Loyola Law School (and Mark Geragos’ ’82 former professor, natch) told LAist.
Jessica Levinson “Law School Professor Discusses Busy Week on the Presidential Campaign Trail” KCAL-TV & KCBS-TV Loyola Law School Professor Jessica Levinson discusses Donald Trump’s comments on the death of Nykea Aldridge, Dwyane Wade’s cousin, and allegations of racism. [Excerpt] “This campaign in particular is like a Rorschach test. People are seeing the same thing, whether it be comments about racism or comments about national security and taking wildly different views about what has just been said. These comments won’t do much to help either candidate when it comes to independent, or “swing,” voters.
Jessica Levinson “Ballot Measure Committees are New Cash Cows for Sacramento Legislators” Daily Bulletin “It strains common sense to think that candidates aren’t thankful for contributions made to committees they control,” said Jessica Levinson, a campaign finance expert at Loyola Law School. “They’re using these committees to legally exploit the law.”
Michael Guttentag “Selective Disclosure and Insider Trading: Tipper Wrongdoing in the 21st Century” beSpacific Loyola Law School Professor Michael Guttentag’s law review article, “Selective Disclosure and Insider Trading: Tipper Wrongdoing in the 21st Century,” is highlighted on the popular legal research blog, which published the abstract. The article urges the U.S. Supreme Court to use its first hearing of an insider trading case in nearly 20 years as an opportunity to update the law. [Excerpt]
The Supreme Court in deciding Salman v. United States should update a confused and increasingly obsolete aspect of insider trading doctrine: the rule that the selective disclosure of material nonpublic information can only trigger insider trading liability if “the insider personally will benefit, directly or indirectly, from his disclosure.”
Not Applicable “Recalling Judges in California May Become Easier, But Is That Better?” Los Angeles Daily News Research on retention votes—where judges face a vote to keep their seats—does show evidence that judges are more likely to sentence defendants to more prison time and uphold death penalty sentences as elections loomed. One example is a 2012 study by researchers at Loyola Law School and UC Berkeley’s Haas School of Business.
Laurie Levenson “Former LA Sheriff's Lawyers’ Bluff Called” KNX 1070-AM Loyola Law School Professor Laurie Levenson opines on the call for a competence examination for former LA County Sheriff Lee Baca. [Excerpt]
“Even if they do a competency test, it won’t answer some of the most important questions in this case: like what was Baca’s mental state at the time of the alleged crime.”
Laurie Levenson “Former LA Sheriff's Lawyers Face Tricky Challenge Defending Him at Trial" Los Angeles Daily Journal Given U.S. District Judge Percy Anderson's already-demonstrated toughness in rejecting the six-month plea deal reached between Baca and the Justice Department, Baca's perceived sincerity at trial will be crucial, said Laurie L. Levenson, a professor at Loyola Law School. "In terms of sentencing, if the judge thinks [Baca's defense team has] been insincere, he'll really slam them," she said.
Not Applicable “State Legislature Passes New Innocence Standard” Los Angeles Daily Journal [Excerpt]
SB 1134 had no registered opposition. The bill was co-sponsored by the California Innocence Project, Northern California Innocence Project, Loyola Project for the Innocent, ACLU of California, and California Attorneys for Criminal Justice.
Jessica Levinson “Woodland City Council ‘Residency’ Rule Ambiguous, but Meets State Law” Daily Democrat But that doesn’t stop campaigns from trying time and again to raise questions about residency, according to The Times. “It is like pasta,” said Jessica Levinson, a professor at Loyola Law School who studies election law. “The opposition is going to throw it against the wall and see if it sticks.”
Justin Levitt “Poll Monitors Aren’t What Donald Trump Seems To Think They Are” Huffington Post The problems our monitors find at polling places aren’t, as Donald Trump would have you believe, people voting again and again because voter ID laws aren’t strict enough (California, thankfully, doesn’t have one at all). Though claims to the contrary are persistent, in-person voter fraud is exceedingly rare. One comprehensive study, by Loyola University law professor Justin Levitt, found a total of 31 incidents of potential (not confirmed or even prosecuted) cases of voter fraud out of over 1 billion votes cast in 15 years of general, primary, municipal and special elections. The problems organizations like ours see are much less flashy and much, much more common.
Kevin Lapp “Retractable Juvenile Confessions” On Point Should people be able to retract uncounseled Miranda waivers elicited by law enforcement officers while they were juveniles? This UCLA law review article by Loyola Law School Professor Kevin Lapp explores the problems with interrogating juveniles and the pros and cons of retractable Fifth Amendment waivers.
Lauren Willis “Financial Literacy is a Dumb Waste of Time and Money Because It Just Doesn’t Work” Get Out of Debt Guy Lauren Willis Professor of Law at Loyola Law School, said it with better bigly words than I did. About financial literacy education she said, “This education is widely believed to turn consumers into “responsible” and “empowered” market players, motivated and competent to make financial decisions that increase their own welfare. The vision created is of educated consumers handling their own credit, insurance, and retirement planning matters by confidently navigating the bountiful unrestricted marketplace.”
Laurie Levenson “Massachusetts Teen's Sexual Assault Sentence Causes” CBS Evening News Professor Laurie Levenson assesses for the CBS Evening News a two-year probation sentence for sexual assault. [Excerpt] “I think there's a strong outcry because there's a perception among the public we're not take these cases seriously enough, that we're not protecting women.”
Michael Waterstone “California Fights for Voting Rights for Disabled People” Public Radio International Loyola Law School Dean Michael Waterstone discusses a California state law that makes it easier for people with mental disabilities to regain their right to vote. [Excerpt] “It really demonstrates that if you’re doing these things in broad brush, without thinking very carefully about the right to vote, which is a fundamental right, that you can make mistakes. And that’s a real problem and it’s great this new law addresses this moving forward.”
Adam Zimmerman “Should Administrative Agencies Adopt Class Action Procedures?” RegBlog Last summer, ACUS commissioned a project examining whether and how class actions and other aggregation techniques might clear administrative backlogs while still ensuring just outcomes. The project’s lead consultants, Michael Sant’Ambrogio, a professor at Michigan State University College of Law, and Adam Zimmerman, a professor at Loyola Law School, recently released a final report identifying when aggregation might be appropriate and what challenges it presents.
Jessica Levinson “Sacramento's New 'Slush Funds': Ballot Measure Committees” Mercury News "It strains common sense to think that candidates aren't thankful for contributions made to committees they control," said Jessica Levinson, a campaign finance expert at Loyola Law School. "They're using these committees to legally exploit the law."
Jessica Levinson “Effort Grows to Scale Back California Gun Control Restrictions” California Political Review Although Democratic lawmakers irked by the redundancy have won out, analysts have speculated that Newsom could wind up benefiting most from politicking the Gunmageddon ordeal. “He will be able to say gun restrictions are under attack and that it’s more important than ever to pass my ballot measure,” Loyola Law School’s Jessica Levinson told the Mercury News.
Justin Levitt “The Truth Behind Trump’s Rigged-Election Paranoia” Vanity Fair A survey by Justin Levitt, a professor at Loyola Law School in Los Angeles, found only 31 credible incidents around the country, between 2000 and 2014, in which someone may have pretended to be someone else at the polls in general, primary, special, and municipal elections. In general and primary elections alone, more than 1 billion ballots were cast during that period.
Justin Levitt “One in Three in U.S. Think Voter Fraud a ‘Major’ Problem” Time Despite these fears about voter fraud, a 2014 study located just 31 different incidents of voter fraud in general, primary, special, and municipal elections from 2000 through to 2014. “In general and primary elections alone, more than 1 billion ballots were cast in that period,” wrote Justin Levitt, a professor at the Loyola Law School who has tracked allegations of electoral fraud for years, wrote in the Washington Post.
Kevin Lapp “Lapp on Juvenile Confessions” CrimProf Blog Professor Kevin Lapp’s law review article “Taking Back Juvenile Confessions” is highlighted by CrimProf Blog.
Gideon Kanner “Our Eminent Right to a Jury” Los Angeles Daily Journal Loyola professor Emeritus Gideon Kanner’s takes the courts to task for failing to recognize that issues of eminent domain are worthy of a trier of fact. [Excerpt] It is a bedrock constitutional principle and a part of the civic ethos of our country, that trial by jury is enshrined in the Bill of Rights for good reason: It is treasured as a fundamental guarantee of Americans’ freedoms that interposes the judgment of the community as a shield between the citizen and government excesses.
Jessica Levinson “Trump Aims to Incite Our Worst Impulses” Sacramento Bee Loyola professor Jessica Levinson enumerates the flaws in Donald Trump’s predictions of voter fraud and his resulting calls for “election observers.” Elections should be about ideological differences. Liberals and conservatives, or Democrats and Republicans, tend to have different worldviews. Most people agree on a few broad and fundamental premises. We want to create a country with a strong economy, good educational opportunities and foreign policy that keeps the world as safe and peaceful as possible.
Justin Levitt “Ruth: Voter Suppression, Not Fraud, is Florida's Problem” Tampa Bay Times In reality, instances of voter fraud are virtually nonexistent these days in the United States. Or consider the findings of Loyola Law School professor Justin Levitt, whose analysis of electoral trends between 2000 and 2014 could find only 31 instances of credible voter fraud out of more than 1 billion ballots cast.
Theodore Seto “Seto: Thinking In More Nuanced Ways About Income And Wealth Inequality” TaxProf Blog Professor Theodore Seto’s article, “Thinking in More Nuanced Ways About Income and Wealth Inequality,” is highlighted by TaxProf Blog. [Excerpt] In his book “Capital in the Twenty-First Century,” Thomas Piketty did us the great service of bringing the problems of wealth and income inequality to the fore. In the process, however, he also may have performed a bit of a disservice – making those problems seem simple, a mere function of the inequality r>g, where r is the rate of return to capital and g is the rate of economic growth. The solution, he suggested, was equally simple: a tax on wealth.
Jessica Levinson “Rep. Ami Bera's Father Sentenced to Prison for Funneling Money to His Son's Campaigns” Los Angeles Times Jessica Levinson, who teaches federal campaign finance law at Loyola Law School in Los Angeles, said schemes of this kind are far less prevalent than other efforts to skirt campaign finance laws. “This type of blatant violation just doesn’t happen that often,” she said.
Laurie Levenson “OCSD Welcomes Constitutional Policing Advisor Mary Izadi” Orange County Breeze Sheriff Sandra Hutchens has hired Mary Izadi as the Orange County Sheriff’s Department’s first Constitutional Policing Advisor. Ms. Izadi was selected from a group of well-qualified applicants by an outside panel of constitutional policing experts after an open recruitment process. The panel included Erwin Chemerinsky, dean of the UC Irvine School of Law, Robert Gerard, attorney and former Orange County Bar Association President, and Laurie Levenson, professor at Loyola Law School.
Not Applicable “Donald Trump, Poll Watchers and Voter Fraud” Huffington Post A recent study by a professor at Loyola Law School in Los Angeles proves the point. Examining every credible allegation of voter fraud from 2000 to 2014, he found a grand total of 31 potentially fraudulent votes out of more than 1 billion ballots cast.
Not Applicable “Get Rid of California's Death Penalty” East Bay Times A new report by Loyola Law School's Alarcón Advocacy Center revealed the harmful impact Prop 66 would have in the Bay Area. In Alameda County, death penalty cases would take up 21 percent of local judicial resources. The cost of $4.5 million in attorney fees and legal expenses would be moved to the county budget. In Contra Costa County, it's 24 percent of judicial resources and $2.7 million. For Santa Clara County, it's 9 percent and $2.1 million.
Jessica Levinson “Trump Recruiting 'Election Observers' to Scout for Fraud” Fox News “It sounds more like voter intimidation than observation,” Jessica Levinson, a professor at Loyola Law School in Los Angeles who specializes in election law, told FoxNews.com.
Jessica Levinson “Voter ID Laws and Rigged Elections” KOMO-AM Loyola Law School Professor Jessica Levinson discusses voter fraud, allegations of rigged elections and Donald Trump’s comments.
[Excerpt] Certain laws, like voter ID laws, are really a solution in search of a problem. We know in person voter fraud is really something that happens on an unbelievably rare scale. So when Donald Trump talks about “we need voter id laws” it’s really not true.
Laurie Levenson “Indicted Execs Fire Back at Ventura County” Courthouse News Loyola Law Professor Laurie Levenson said she found the allegations troubling."You wonder why the law enforcement thought they needed to use SWAT teams to do a search of this nature," Levenson said. "The big question here is why did they fear there was such a danger and needed to use such a showing of force."
Laurie Levenson “Orange County Hires Independent Monitor for DA” Los Angeles Daily Journal The committee consisted of JAMS neutral James L. Smith, a retired Orange County Superior Court judge; Patrick R. Dixon, a retired Los Angeles County assistant district attorney; Robert Gerard, a shareholder with Friedman Stroffe & Gerard, P.C.; and sole practitioner Blithe C. Leece, a former Los Angeles County deputy district attorney. Loyola Law School professor Laurie L. Levenson advised the panel. The five interviewed 75 people within Orange County's criminal justice system. Their report cited serious deficiencies in supervision and training that led some prosecutors to embrace a "win-at-all-costs" mindset. It called for, among other things, revised policies regarding informants as well as the creation of a unit to examine the claims of innocence from the convicted.
Jessica Levinson “Rigged Elections and Election Observers” KABC - Peter Tilden Show Professor Jessica Levinson discusses presidential candidate Donald Trump’s comments on rigged elections, election observers and voter intimidation. [Excerpt] Voter intimidation is a legitimate problem. Unlike voter fraud which is what Donald Trump is talking about. Voter intimidation is essentially what he’s fostering when he says “I’ve heard that this is gonna be rigged. Maybe you should register to be an election observer.”
Justin Levitt “Why Trump’s Warning of a ‘Rigged Election’ Isn’t Credible” Christian Science Monitor The call for “Trump Election Observers” creates the appearance that in-person voter fraud is common. But election experts call the rate of such fraud vanishingly small. In 2014, an investigation by Justin Levitt, a professor at Loyola Law School in Los Angeles, found only 31 credible incidents of voter impersonation out of 1 billion votes cast in the US between 2000 and 2014.
Laurie Levenson “Lawsuit Claims Illegal Strip Searches, SWAT Raids in Ventura County” KTLA-TV Loyola law school professor Laurie Levenson said the full SWAT raids do seem unusual and potentially dangerous given the nature of the case."What was unusual here was the full SWAT operation," Levenson said. "And it's actually rather dangerous for everybody involved because the officers are hyper-sensitive to what might occur and the individuals are wondering what's happening and why."
Jessica Levinson “States, Courts Wrestle with Allowing 'Ballot Selfies” Fox News Jessica Levinson, a professor at Loyola Law School, recently told The Los Angeles Times that California’s ban on ballot selfies is indeed problematic in the digital age. However, she thinks changing it might have the unintended consequence of making it easier for organizations or employers to pressure voters.
Jessica Levinson “California Gun Owners Begin Drive to Repeal Weapon Laws Signed by Gov. Jerry Brown” San Jose Mercury News "He will be able to say gun restrictions are under attack and that it's more important than ever to pass my ballot measure," said Jessica Levinson, a political analyst and election law expert at Loyola Law School in Los Angeles.
Laurie Levenson ‘Making a Murderer': Would Brendan Dassey’s Conviction Have Been Overturned Without the Series?” San Francisco Chronicle Still, according to Loyola Law School professor Laurie Levenson, the series may have taken an alternate route to impacting the case: further arming Dassey’s attorneys. “I actually don’t think it’s so much that it influences the judges,” Levenson said. “I think what happens though is that it sort of gives the lawyers more support … so they bring a better, a stronger argument to the court.”
Not Applicable “Trump: I'll Only Lose With 'Cheating,' Asks Supporters To Watch Polling Places" NPR Trump's suggestion that the election will be rigged is one he keeps making, even though proven cases of voter fraud are actually very rare. As of 2014, a law professor at Loyola Law School in Los Angeles who has spent years tracking fraud allegations had found only 31 instances of voter fraud out of more than 1 billion votes cast.
Justin Levitt “Voter ID and Rigged Elections: Voter ID Laws are Actually an Attempt to Rig Elections” Reason In 2014, Justin Levitt, a professor at Loyola Law School, Los Angeles, reported finding just 31 cases of voter impersonation fraud out of 1 billion ballots cast between 2000 and 2014. Politifact calculated in 2015 that you are 13 times more likely to be struck by lightning than to stumble across an instance of in-person voter fraud in Texas. In other words, Trump's allegation is a hallucination.
Justin Levitt “Voter-fraud Scams: Deaths by Lightning - About 30 a Year - Are More Likely Than Voter Fraud” Houston Chronicle We should point out that those 31 instances of possible voter fraud occurred over a period of 14 years, out of more than one BILLION votes cast nationwide. That's according to a 2014 study by Justin Levitt, a professor at Loyola Law School.
Laurie Levenson “Courts Overturn Sentences for Two California Death Row Inmates and Uphold Another” Los Angeles Times [Excerpt]
“It doesn’t mean the person is not guilty, but they have legitimate arguments for why their convictions should not stand,” said Loyola Law School professor Laurie Levenson.
Laurie Levenson “Experts: 2 Killings by Police Were Tragic, Likely Justified” Associated Press Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles who has studied police misconduct, said officers are given great legal deference when they use lethal force. “The law looks at things through the eyes of officers as it occurs, not what you know after the fact,” she said.
Not Applicable “An Exhibition Offers In-depth Insight into Artist Barbara Kasten’s Career” The Architect’s Newspaper The exhibition includes many of Kasten’s most well-known photographs from the Architectural Sites series, in which she abstracted works of postmodern architecture, like Frank Gehry’s Loyola Law School using an elaborate staging of light, sculpture, and mirrors and then printed them using the dye-destruction method Cibachrome for better depth of color and clarity. Stages will also include Kasten’s work with cyanotypes, which use the same technique used to make blueprints, and her early work with furniture sculptures.
Yxta Maya Murray “The Challenge of Eminent Domain” Jotwell One usually thinks of law review articles as detached, dry, formal, and arcane. This is particularly true of those dealing with property. Even if articles are billed as an “interdisciplinary” effort, this generally means the occasional introduction of similarly detached and desiccated material from other fields. The article “Detroit Looks Toward a Massive, Unconstitutional Blight Condemnation: The Optics of Eminent Domain in the Motor City,” by Yxta Maya Murray, shatters that mold. In this work, Murray – a legal scholar and the author of six novels – writes of the infinitely complex layers of law, politics, psychological bias, and human need that eminent domain involves in a way that it has not been done before.
Jessica Levinson “Trump’s Loaded Language a Reminder of Words’ Power” San Francisco Chronicle “It’s so schoolyard,” said Jessica Levinson, a political analyst and law professor at Loyola Law School in Los Angeles. “It’s like the naughty child who would say something horrible and quickly said ‘Just kidding,’ when we knew they weren’t.”
Jessica Levinson “Mike Honda Ethics Probe: List of Donors to Legal Fund Released” San Jose Mercury News "That's not going to go very far if you have an active ethics issue and are in the process of providing a lot of documents or actively engaged in defending yourself," said Jessica Levinson, a professor at Loyola Law School and president of the Los Angeles Ethics Commission. "That sounds like significant money, but in this world, it's not."
Jessica Levinson “Prof. Levinson Re-elected President of LA Ethics Commission” LA City Hall At its meeting today, the Ethics Commission re-elected Jessica Levinson as president and Serena Oberstein as vice president. Levinson and Oberstein will serve in these capacities for Fiscal Year 2016-2017….Levinson is a clinical professor at Loyola Law School, where she teaches courses covering election law and campaign financing.
Alexandra Natapoff “The Tyranny of a Traffic Ticket: How Small Crimes Turn Fatal for Poor, Minority Americans” Vox "We overpolice poor neighborhoods of color and low-income individuals of color, so they are more likely to be swept up in the misdemeanor net," said Alexandra Natapoff, a criminal justice researcher and law professor at Loyola Law School. "The burden of a misdemeanor conviction is also greater for low-income individuals and people of color. Misdemeanors typically come with the threat of heavy fines and fees and the threat of incarceration if you can’t pay — and many individuals charged with misdemeanors end up in a cycle of debt."
Jeffery Atik How Trump's Intellectual Property Claims Stack Up” Politico For some, like Loyola Law School professor and IP law specialist Jeffery Atik, these projections fail to tell the full story. “Concerns about lax IP enforcement have likely discouraged some U.S. firms from investing in China,” Atik acknowledges, noting that he believes “producing additional IP-based products” would ultimately “have little to no effect on increasing employment, given the ease of producing digital copies.” He added: “What makes IP easy to steal — its easy reproduction — makes lawfully produced IP unlikely to be a major source of additional U.S. employment.”
Laurie Levenson “7 LASD Officials Convicted in Jail Corruption Cover-up Lose Appeal” KABC-TV Professor Laurie Levenson discusses the next steps for LA County Sheriff’s Department deputies convicted in the widespread jail corruption case.
Cindy Archer “Sacramento Report: Making Pro Bono Work Mandatory for New Lawyers” Voice of San Diego Some schools, like Loyola Law School in Los Angeles, already require 50 pro bono hours as a requirement for graduation. Cindy Archer, associate dean for clinical and experiential programs at Loyola, said they’ve seen the benefits firsthand: “For many students, it may be the first opportunity to work on a real client problem. Further, amidst the tension of exams and employment concerns, our students love the fact it reminds them why they decided to attend law school. As a practical matter, it also helps them to begin developing their professional network.”
Jessica Levinson “Lawsuit Filed Over Marijuana Proposition Ballot Arguments" KQED-FM Loyola Law School professor Jessica Levinson was not surprised by the lawsuit. She says fights over voter guide language are common, especially when a high-profile ballot measure is involved.“It’s an acknowledgement that what is stated in the voter guide is really important because that’s where people make most of their decisions,” she says.
Justin Levitt “The Sore Loser Uprising” New York Times Studying national elections from 2000 to 2014, and looking at 834 million ballots cast, Justin Levitt of Loyola Law School found a total of 31 instances of credible voter fraud. Yes, 31. The Bush administration, after a five-year investigation concluding in 2007, found no evidence of any organized effort to skew federal elections. A federal judge in Wisconsin found that “virtually no voter impersonation occurs.”
Jessica Levinson “What Happens If a Candidate Is Taken Off the Ballot?” Dr. Drew Midday Live with Mike Catherwood Professor Jessica Levinson discusses what happens if a presidential candidate bows out of the race or is taken off the ballot. [Excerpt] “What happens is the party chair of either party will call a special meeting...and say “we all as the national committee members need to vote on who the nominee will be.”
Justin Levitt “GOP Furious Trump Won't Endorse Paul Ryan?; Speculation Swirls Donald Trump Might Drop Out; McCain Gets Grilled for Trump Support; D.C. Transit Cop Charged With Aiding ISIS” CNN Newsroom [Excerpt]
Anchor Carol Costello: OK. And just to clarify because in my mind facts do matter, the 2014 study by Justin Levitt at the Loyola Law School in Los Angeles found just 31 cases of voter fraud in 14 years.
Laurie Levenson “Prosecutors Criticized Over Lower Potential Fine After Blast” Associated Press Laurie Levenson, a former federal prosecutor who now teaches at Loyola Law School in Los Angeles, said such prosecutions are difficult to win in part because of the legal resources corporations have. She thinks the late changes by prosecutors should be reviewed internally, but believes the office deserves credit for bringing the prosecutions in the first place."They were aggressive," she said. "They sincerely believed they needed to do these cases to have a bigger impact on the corporate world."
Paula Mitchell “Loyola Law School Report Concludes Prop. 66 Will Invite Litigation” Los Angeles Daily Journal "Any time you tell people they have to work faster, it's more expensive — there's no evidence this will save money," said report author Paula M. Mitchell, executive director of the Alarcón Advocacy Center and legal director of the Loyola Project for the Innocent.
Justin Levitt “For Trump, A New ‘Rigged’ System: The Election Itself" Washington Post In his interview with The Post, Trump offered that his chief concern about fraud was that states without strict identification requirements would see rampant repeat voters. “If you don’t have voter ID, you can just keep voting and voting and voting,” he said. On Fox News, Trump’s only evidence for fraud consisted of “precincts where there were practically nobody voting for the Republican” in the 2012 election. In reality, voter fraud is rare. A 2014 study by Justin Levitt, a professor at Loyola Law School, found just 31 possible instances of fraud over 14 years of elections with a total of 1 billion votes cast
Paula Mitchell “Death Penalty Duel” Bohemian.com "What the polling shows is that there's a big difference in the way voters react to the question 'Do you want to end the death penalty, period?' to 'Do you think we should replace the death penalty with life without the possibility of parole?'" says Paula Mitchell, an author of Proposition 62 and professor at Loyola Law School in Los Angeles.
Stanley Goldman “What Will Happen When Lee Baca Goes On Trial?” KPCC-FM’s Take Two [Excerpt]
Professor Stanley Goldman speaks to KPCC’s Take Two regarding the trial of former L.A. County Sheriff Lee Baca.
Jessica Levinson “Road to the White House” KTLA-TV Professor Jessica Levinson discusses Hillary Clinton’s speech at the Democratic National Convention and what it will take to win the upcoming election. [Excerpt] “Presidential elections cost so much money and take so much time,” she said. “But each is going to have to make sure their base comes out...And to make sure to get the small sliver of undecided voters to come out.”
Laurie Levenson “'No Great Options' Facing Ex-Sheriff in Corruption Case” Associated Press After talks broke down with federal prosecutors to reach a new deal, his choices are down to letting the judge impose a term of up to five years in federal prison or withdrawing his guilty plea and taking his chances at trial ."There are no great options here," said Laurie Levenson, a professor at Loyola Law School and a former federal prosecutor.
Not Applicable “Report: Proposal Billed as Speeding Up California Executions Would Actually Be Costly, Time-Consuming” Death Penalty Information Center An initiative on the California ballot this November billed by its supporters as a reform alternative to abolishing the state's death penalty will cost the state tens of millions of dollars to implement, according to an analysis by the Alarcón Advocacy Center at Loyola Law School, and "will not speed up executions." The report, California Votes 2016: An Analysis of the Competing Death Penalty Ballot Initiatives, predicts that Proposition 66 (The Death Penalty Reform and Savings Act of 2016), would "cost millions more than the [state's] already expensive death penalty system" and "will only make matters worse by creating more delays and further clogging the state’s overburdened court system," adding "layers of appeals to a system already facing an insurmountable backlog of decades of death penalty appeals waiting to be decided."

July

Gideon Kanner “Florida Eminent Domain Attorney Andrew Brigham to Speak on Property, Equality and Freedom at International Property Rights Law Conference in The Hague” Daily Herald The Brigham-Kanner Property Rights Conference and Prize are named in recognition of property rights advocates, Toby Prince Brigham, a Florida eminent domain attorney, and Gideon Kanner, a California property rights and appellate lawyer and Loyola Law School Professor Emeritus, for their lifetime contributions to the protection of private property rights.
Jessica Levinson “Quentin Kopp, Blunt as Ever, Seeks Seat on S.F. Ethics Panel” KQED-FM “Kopp’s decision to personally attack a female reporter for the casual way in which she greeted another female reporter is bizarre,” said Jessica Levinson, president of the Los Angeles Ethics Commission.
Jessica Levinson “Did Alhambra Unified Officials Skip Part of a $17K Conference Trip to New York for a Hillary Clinton Rally?” Pasadena Star News Jessica Levinson, a professor at Loyola Law School who specializes in governmental ethics, said it could be an issue that staff members may have missed portions of a conference the district paid for them to attend. The fact it may have been for a political rally didn’t have any legal implications, she said.“When taxpayer money is used to pay for a trip to a conference, the idea is that you hold up your part of the bargain by going to the conference,” Levinson said. “Regardless of what you do outside of the conference, taxpayers could have a problem if you miss part of the conference.”
Paula Mitchell "California Votes 2016: An Analysis of the Competing Death Penalty Ballot Initiatives" Sentencing Law and Policy Blog A post highlights the death penalty proposition analysis co-authored by Professor Paula Mitchell, executive director of the Alarcón Advocacy Center at Loyola Law School, Los Angeles, and Nancy Haydt, Board of Governors, California Attorneys for Criminal Justice. [Excerpt] This Report finds that Prop 62, by contrast, is straightforward and transparent. It replaces the death penalty with life without the possibility of parole, saving the state $1.5 billion in the next ten years alone. Prop 62 requires inmates to work and increases the victim compensation rate. Prop 62 ensures that the state never executes an innocent person, without jeopardizing public safety.
David Glazier “Pentagon Revises War Manual to Emphasize Protections for Journalists” Reporters Committee for Freedom of the Press David Glazier, a Loyola Law School professor who studies the law of war, said the revisions reflect a change in language and tone rather than a change in legal content. “To me, the problem with the initial version is that it highlighted very strongly upfront the possibility that journalists could be unprivileged belligerents,” he said. He said the original manual’s language might have increased risks for reporters by encouraging readers “to be particularly wary of journalists.”
Laurie Levenson “Brock Turner: Leading Law School Professors Issue Letter Opposing Judge's Recall” San Jose Mercury News Rather than take on the difficult democratic work of seeking to change the law that confers sentencing discretion upon judges, or filing a complaint with the independent state agency charged with investigating and punishing judicial misconduct, the recall movement seeks to make Judge Persky and all other California judges fear the wrath of voters if they exercise their lawful discretion in favor of lenience.
Paula Mitchell “Death Penalty Duel: Voters to Decide Between Props. 62, 66” San Jose Inside “What the polling shows is that there’s a big difference in the way voters react to the question ‘Do you want to end the death penalty, period?’ to ‘Do you think we should replace the death penalty with life without the possibility of parole?’” says Paula Mitchell, an author of Prop. 62 and professor at Loyola Law School.
Adam Zimmerman “VW Owners Might Keep Driving Dirty Diesels After Settlement” Bloomberg “This is definitely one of the most unusual automotive settlements,” said Adam Zimmerman, a law professor at Loyola Law School in Los Angeles who teaches complex litigation. “But there’s never really a perfect fix when someone’s hurt and you’re compensating them with money. Ultimately, finding a fix for the cars is really out of Breyer’s control.”
Adam Zimmerman “Classing Up the Agency” Jotwell "Unlike a law journal article—which, like a message in a bottle, may float out to sea never reaching its intended audience—this report not only directly addresses policymakers, but they actually read and implemented it. The report [Aggregate Agency Adjudication] is the result of a law journal article serendipitously reaching its intended recipient. It is the brainchild of Adam Zimmerman and Michael Sant’Ambrogio, who published an article in 2012 proposing the use of class action and similar aggregate litigation procedures in administrative adjudication (an article that I liked lots in a different forum). The article caught the attention of the Administrative Conference of the United States (ACUS), an independent federal agency focusing on improving administrative processes. ACUS then asked Zimmerman and Sant’Ambrogio to study the use of aggregate procedures in federal agencies and make recommendations. This report is the result of that study."
Jay Dougherty “Dougherty on the Misapplication of ‘Mastermind’: A Mutant Species of Work for Hire and the Mystery of Disappearing Copyrights” Media Law Prof Blog Professor F. Jay Dougherty’s article “The Misapplication of 'Mastermind': A Mutant Species of Work for Hire and the Mystery of Disappearing Copyrights” is highlighted by Media Law Prof Blog. [Excerpt] Recent decisions in both the Ninth (Garcia v. Google) and Second (Casa Duse 16) Circuit have applied concepts of "mastermind" authorship or "dominant author" to claims of copyright in individual contributions of actors and directors to a motion picture. This article, which is a transcript of a presentation at Columbia Law School, describes the roots of the "mastermind" concept in copyright and argues for its mis-application in this context.
Scott Wood “LA County Pays $10.1 Million Because an LA Deputy Allegedly Influenced Witness Causing a 16-Year-Old to Go to Prison for 20 Years” Witness LA Scott Turner apologized to Carrillo from the stand, according to Scott Wood, a Loyola Law School professor with a specialty in restorative justice, who was one of the lawyers who signed on to help Eggers with Carrillo’s case and wrote about how the experience affected him. “I never got a chance to apologize to Frank or apologize to his family..… It’s not right.,” Turner said. “So I’m standing up … [to] I say I was wrong. And, you know, I’m sorry, Frank. I apologize.”
David Glazier “Pentagon Revamps Law of War Manual to Protect Journalists" New York Times David Glazier, a Loyola University law professor who has co-written a forthcoming article in The Yale Journal of International Law criticizing the manual, said the changes were largely cosmetic.The problem with the original section about journalists, he said, was that its tone unwisely “planted the seed in the military mind” that journalists might pose a threat. But its description of the law was essentially correct, he said.
Jessica Levinson “Nothing' Will Make Me Vote Clinton: Some Bernie Backers Hold Firm As DNC Starts” CNBC "This is going to be the election of voting against someone as opposed to voting for someone. It's not really going to be about whether Hillary is going to get them to vote for her but whether Trump will make them vote because they're so scared of him," said Jessica Levinson, a professor at Loyola Law School and vice president of the Los Angeles Ethics Commission.
Laurie Levenson “Four Years After His Arrest, Former L.A. County Assessor John Noguez Still Hasn't Had His Day in court” Los Angeles Times Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said the lengthy delays could affect the outcome of the case.“If the case is made on paper, it may not make much of a difference at all,” she said. “It does become more difficult if you’re going to rely on witness memories.”
Eric Miller “Black and Blue in Baltimore” Summary Judgements Professor Eric Miller writes an op-ed analyzing the acquittal of the third and highest ranking Baltimore police officer charged with killing Freddie Gray. [Excerpt] Duff’s argument about communities and the criminal law is quite compelling. At the very least, it provides an important moral basis for criminal law: that it is the moral law of the public, the community; not just a set of wrongs that the politicians decide to sanction with an especially harsh or significant punishment. The wrongs of the criminal law are extraordinary ones which affect the community as a community. And when the wrongs are those engaged in by public officials, then the community and the state has an especial interest in ensuring that the official publicly accounting for those wrongs.
Jessica Levinson “Federal Court Strikes Down Texas Voter ID Law” KNX-AM Radio Professor Jessica Levinson speaks to KNX-AM Radio regarding the federal court ruling Texas’ voter ID law violates the Voting Rights Act. [Excerpt] This is not a way to prevent fraud or to upload the integrity of the elections. This is really of trying to grab power for republicans and harm democrats.
Jessica Levinson Justice “Ruth Ginsburg's Comments on Presidential Race” The Ethan Bearman Show Professor Jessica Levinson speaks to Ethan Bearman ’19 of “The Ethan Bearman Show” regarding Justice Ruth Bader Ginsburg’s comments regarding Donald Trump. [Excerpt]
“There is a line between knowing how a Supreme Court Justice would potentially vote versus having them politic or go on the campaign trail for a candidate.”
Justin Levitt “ACLU sues Kansas to Block the State's Dual Voting System” Christian Science Monitor Voting ID laws target a very uncommon type of fraud: voting impersonation, which was documented 31 times in one billion votes cast, according to Justin Levitt, a professor at the Loyola Law School, Los Angeles. Critics of voter ID laws claim their main impact is to disenfranchise marginalized groups, including African-Americans, Hispanics, disabled individuals, and those in poverty.
Justin Levitt “Changes to North Carolina Voting Laws Could Put Thousands of 2016 ballots at Risk” Yahoo News The Justice Department alleged a “race-based purpose” to the new law in a legal brief. Studies the department cited show that minority and low-income voters are more likely to use same-day registration and out-of-precinct voting because they are less likely to own a car or have flexible working hours. These voters are also more likely to vote for Democratic candidates."If you pick out precisely the way minority voters are engaging with the process, that's intentionally treating minority voters differently," Justin Levitt, who oversees the Justice Department’s voting unit, said in an interview.
Laurie Levenson “Judge Throws Out Ex-L.A. County Sheriff Lee Baca's Plea Deal, Saying Six Months in Prison Not Enough” Los Angeles Times Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said Anderson was not likely to be “swayed by sympathy or the emotional aspects of the case.” She said he was likely to be especially unforgiving of law enforcement officials who did not fulfill their duties. “He views this type of abuse of trust more seriously, notwithstanding Baca’s health concerns,” Levenson said.
Laurie Levenson “Experts: Kanye and Kim Could Both Be Prosecuted Over Taylor Swift Phone Call” Gizmodo According to the experts who spoke to Gizmodo, a prosecutor could very reasonably bring charges. “Let’s put it easily, in California you’re not allowed to tape a person without their knowledge and consent,” Laurie Levenson, a professor of Law at Loyola School, told Gizmodo. “I think this might be a misdemeanor, but it may raise issues of federal law, and that may be a felony.”
Laurie Levenson “Prosecutors Launch Review of Failed FedEx Drug Case” Daily Times The outcome could hold lessons for government regulators, prosecutors and corporate defense lawyers, said Laurie Levenson, a professor at Loyola Law School in Los Angeles and a former assistant US. Attorney."It can impact policies not just on whether they go after individuals or organizations," Levenson said. "It can impact how aggressive you get with the use of criminal law, as opposed to civil law or regulatory actions."
Not Applicable “5 Free Art Shows to See in L.A. This Week” LA Weekly Barbara Kasten would go into ambitious postmodern lobbies of courtyards and use mirrors, gels and Hollywood lights to turn the architecture into oversaturated, flamboyant abstractions. In the photograph she took in Frank Gehry’s Loyola Law School, three central columns look like they’ve popped out of a psychedelic cartoon.
Stanley Goldman “The Fate of Former Los Angeles County Sheriff Lee Baca” KPCC-Take Two Professor Stanley Goldman discusses former Los Angeles County Sheriff Lee Baca’s next steps and legal options following a federal judge’s rejection of a plea deal with Take Two.
Dov Fischer “Oh, Boy! Smut Suit Hits Snapchat” Los Angeles Business Journal The prospect of extensive civil liability] means the company might prefer to settle out of court, said Dov Fischer, an adjunct professor at Loyola Law School of downtown Los Angeles .“I would think that one day (the notifications provision) might be struck down, but this would not be the case,” he said, noting that Snapchat might prefer to settle the case out of court.”
Jessica Levinson “Larry Flynt Halts Casino Opening, Threatens Gardena Leaders Over Tax Breaks” Los Angeles Daily News Government financial incentives to business are routine but vary widely among municipalities, said Jessica Levinson, a governance professor at Loyola Law School. “In California, there are two camps of thought on giving businesses tax breaks. On the one hand, there’s the idea of giving tax breaks so they will employ people and generate tax revenue,” Levinson said. “On the other hand, people are skeptical about why government does this at all. Voters, when times are difficult, look at businesses and say, ‘Why is government giving them favorable treatment?’ Others say, ‘If we’re about to hit a recession, we need to make sure businesses don’t relocate to Torrance or South Gate or Long Beach so they can employ people.’ ”
Laurie Levenson “Justice Ruth Ginsburg's Comments on Presidential Race” KNX-AM Radio Professor Laurie Levenson discusses Supreme Court Justice Ruth Ginsburg's comments on Donald Trump and her apology with KNX-AM Radio. [Excerpt] Well I think that she was surprised by the reaction. It is unusual for a Supreme Court Justice come out and make comment on a particular political race. That’s not exactly their role...The problem is that the Supreme Court is supposed to be above all of this; they need to decide their cases, focus on the law.
Jessica Levinson “Should Iowa Ditch Judicial Retention Elections?” Iowa Public Radio “I think that it’s problematic for these judges when they are making these decisions to think not just, ‘What is legally the right conclusion?’ But in the back of their mind to think, ‘Will this show up in a campaign mailer?’” says Jessica Levinson of Loyola Law School in Los Angeles.
Michael Waterstone “The Elusive Search for Justice” Huffington Post In the wake of prosecutors’ decision to officially close the cases of the 1964 civil rights murders of Andrew Goodman, Michael Schwerner and James Chaney, Dean Michael Waterstone at Loyola Law School, Los Angeles takes stock of the healing left to do. [Excerpt] Recently, the state of Mississippi and federal government announced they were ending efforts to bring any further cases in the 1964 civil rights murders of Andrew Goodman, Michael Schwerner and James Chaney. This is unfortunate. Successfully bringing cold cases so many years later is incredibly difficult. Many of the culpable individuals have died and memories of witnesses have faded. But despite being understandable as a legal matter, this decision saddens me. There was only one prosecution by the state of Mississippi against any of the individuals involved in this atrocity, and the effort demonstrated how difficult justice can be to obtain but how crucial it is to pursue.
Samuel H. Pillsbury “Could We Make Violence Itself The Enemy?” Los Angeles Newspaper Group (Los Angeles Daily News, Daily Breeze, Daily Bulletin, San Gabriel Valley Tribune) Loyola Professor Samuel H. Pillsbury’s op-ed on the recent spate of police shooting looks at the very essence of violence.
[Excerpt] At a time when the very public air seems blood-tinged, when the sheer quantity of unjustified killing portrayed on our daily screens, from police shootings of black men in Louisiana and Minnesota, to sniper attacks on police in Dallas, from an endless war in Afghanistan to horrific bombings in Baghdad and Istanbul, to the latest domestic mass shooting in Orlando, maybe, just maybe, we might consider a different approach to defeating violent threats. Maybe we should question whether responding as we always have will — this time — produce a different result.
Jessica Levinson “Controversy Swirls Over Ruth Bader Ginsburg’s Anti-Trump Rhetoric” KPCC-FM’s AirTalk Professor Jessica Levinson assesses the impact of U.S. Supreme Court Associate Justice Ruth Bader Ginsburg’s comments about presidential candidate Donald Trump. [Excerpt] “These are not people who are completely removed from politics,” said Levinson, adding: “Whose vote is she swaying. Everyone’s going to see it through their own lens.”
Jessica Levinson “Clinton’s Email Scandal, Justice Ginsburg’s Comments and Paid Speeches” Peter Tilden Show Professor Jessica Levinson discusses Attorney General Loretta Lynch’s testifying about the Hillary Clinton email fracas, Justice Ruth Bader Ginsburg’s comments on Donald Trump and Supreme Court Justices making paid speeches. [Excerpt] “I would say [Ginsburg] won’t be forced to recuse because the Supreme Court has a permissive rather than mandatory set of ethics which it abides,” says Levinson, “so basically, Supreme Court Justices are only subject to the pressure of public option, which I don’t think is particularly heavy on them, and their colleagues.”
Staci Riordan ’04 “Forget Khakis, Law Firms Take ‘Casual’ to the Next Level” Law.com Adjunct Professor Staci Riordan ’04, executive director of The Fashion Law Project at Loyola Law School, reflects on the evolution of Big Law fashion. [Excerpt] Nixon Peabody partner and fashion practice leader Staci Riordan is tapping into her trendier side. “To me it’s one of the best things about being a partner,” she said. “I wear more fun things because I wasn’t comfortable before.”
Alexandra Natapoff “A Strange Twist In The Suge Knight Case: Jailhouse Snitch Turns On Detectives” Huffington Post “If [Timms’] allegations are true that Los Angeles County law enforcement and government officials have in fact maintained the illegal and risky use of jailhouse informants, it’s a slap in the face to the California justice system, to the legal community and to the California public,” said Alexandra Natapoff, associate dean of research and professor at Loyola Law School who has written extensively about informants. “It would be an enormous betrayal of the public trust.”
Jessica Levinson “California Governor Looks to Extend Climate-Change Efforts” Associated Press Winning legislative support could be key for Brown in ensuring the survival of the cap-and-trade program, said Jessica Levinson, a political science professor at Loyola Law School."His ability to solidify cap and trade is a big part of being able to say to other governors, to other countries, 'We're doing something big and specific and real and it works,'" Levinson said.
Jessica Levinson “Is FEC Staff As 'Nonpartisan' As The FEC Thinks?” Washington Examiner "My understanding is that more often than not, Democrats are voting with the recommendation of the nonpartisan OGC, but the Republicans are not," said Jessica Levinson, a professor at Loyola Law School and the Democratic president of the Los Angeles Ethics Commission. "I believe some of the ... Republican members have said they do not agree with the applicable campaign finance laws and do not wish to apply them."
Not Applicable “15 Things You Never Knew About 'Legally Blonde” Movie Pilot [Excerpt]
To prepare for the role of Elle, Reese spent time with a sorority and also attended classes at Loyola Law School.
Eric Miller “The Fatal Costs of Drug Interdiction” Huffington Post Professor Eric Miller argues that police stops of suspects on minor traffic violations are merely a pretext for drug searches, using the recent case of Philander Castile as an example. He argues for a better form of drug interdiction. [Excerpt] Philando Castile was pulled over for a broken tail-light and shot while he reached for his registration. While there has already been much discussion of the shooting, one point is missing from the story: the police stop was likely a pretext to engage in drug interdiction...Whether or not the reason for the stop was race-based (more on that later), the goal of the stop was to search for drugs. Although he was pulled over for a busted tail-light, the primary purpose of the stop was not to write him a traffic ticket, then release him to go on his way. The purpose was to search inside Castile’s car for drugs, even though the police officer had no evidence that Castile had any drugs on him. And it is this aspect of the encounter—a police officer, arbitrarily stopping someone intending to search them for drugs, and finding an armed individual inside the car, that inevitably produced the deadly result.
Jessica Levinson “Political Roundtable: State Ballot Measures on Marijuana Legalization, Death Penalty and Guns” KQED-FM [Excerpt]
Professor Jessica Levinson joins KQED for a discussion on the 17 ballot measures certified to appear on November’s state ballot last week, as voters prepare to decide about legalizing marijuana and getting rid of the death penalty.
Paula Mitchell “FBI’s Comey Grilled by Congress on Clinton Email Decision” KABC-TV Reporter: We’re here now with Stan Goldman from Loyola Law School….What were you big takeaways?
Goldman: Given the description of the precedent in the case where only one case in the last 99 years since the law was passed has actually been prosecuted unless they could show some form of actual intent or subject awareness that the person was violating the law.
Stan Goldman “Comparing California’s Competing Death Penalty Initiatives” Summary Judgments Professor Paula Mitchell, executive director of the Alarcón Advocacy Center, weighs two competing California death penalty ballot initiatives. [Excerpt] On Nov. 8, 2016, California voters will choose between two competing death penalty initiatives: Prop 62 ends capital punishment and saves California taxpayers $1.5 billion over the next 10 years, while the other measure, Prop 66, doubles down on the state’s costly, failed system, spending millions more in an effort to speed up executions.
Alexandra Natapoff “Parents Sue Police after Their Student Drug Informant Son Was Found Dead with a Bullet in His Head and Rocks in His Backpack After Being Caught Selling $80 or Marijuana" Daily Mail Los Angeles-based Loyola Law School professor Alexandra Natapoff said the use of criminal informants “is almost entirely unregulated” across the country, though that is beginning to change.The Florida Legislature in 2009 passed Rachel's Law, requiring police to adopt policies to protect informants, after 23-year-old Rachel Hoffman was shot to death in 2008 while working as an informant.That law is “only the beginning of the protections that we need for young, vulnerable informants,” Natapoff said.
Eric Miller, Priscilla Ocen, John Nockleby “Loyola Law Holds Panel on Judicial Fairness” Los Angeles Daily Journal The 11th-annual Journalist Law School at Loyola Law School, Los Angeles featured the panel, “Race and the Courts,” in which participants described ways to ensure fairness in the judicial system. Speakers included, from left, Eric Miller, professor, Loyola Law School; Priscilla Ocen, professor, Loyola Law School; Tani G. Cantil-Sakauye, Chief Justice of the California Supreme Court; Eric T. Washington, Chief Judge, Court of Appeals for the District of Columbia; and John Nockleby, program director and professor, Loyola Law School's Civil Justice Program. Since its inception in 2006, more than 450 journalists have graduated from the fellowship, which is a legal bootcamp for reporters, producers and editors. This year's fellowship was held in June on Loyola's downtown LA campus.
Jessica Levinson “Stripping Assemblyman of Committee Assignments Dents His Influence” Capital Public Radio It may seem like an arcane and procedural response, but Loyola Law School ethics and government professor Jessica Levinson says it has a practical effect."Completely stripping someone of the ability to sit on committees is really saying to them you’re only going to do a fraction of your job," says Levinson.
Laurie Levenson “Here’s Why Hillary Clinton Email Scandal Didn’t Rise To Level Of ‘Gross Negligence” Huffington Post “Extreme carelessness doesn’t necessarily translate into gross negligence,” said Laurie Levenson, a professor of law at Loyola Law School in Los Angeles and former federal prosecutor.“The only times I have seen these statutes used has been situations in which people knew they were disclosing classified, confidential information, or they could show they didn’t really care,” Levenson said.
Laurie Levenson “Lawyers: Legal Precedent Clears Clinton in Email Investigation” Reuters "Extreme carelessness doesn't necessarily translate into gross negligence," said Laurie Levenson, a professor of law at Loyola Law School in Los Angeles and former federal prosecutor."The only times I have seen these statutes used has been situations in which people knew they were disclosing classified, confidential information, or they could show they didn’t really care," Levenson said.
Laurie Levenson “The Death Penalty and Hillary” The Crime Report Prof. Laurie Levenson, a law professor at Loyola Law School who has been watching the election to see how candidates talk about criminal justice issues, agrees.“I think [the platform’s call to abolish the death penalty] probably is Bernie’s influence and I don’t think it’s a bad thing,” she said. “I think the death penalty is a discussion that has to be had and is being discussed in states.”
Laurie Levenson “Appeals Court Decision in L.A. Case Could Pave Way for Jane Laut to Get Trial” Ventura County Star Laurie Levenson, a law professor at Loyola Law School, said the appellate court's decision is a "strong reminder" to other courts that this type of evidence is admissible."It may have a lot of fallout because there are many people in the criminal justice system who have backgrounds of psychological trauma," Levenson said. "While this is not a new rule, it's one that judges might now pay attention to it more and one that other defendants might try to raise as a defense."
Stan Goldman “FBI Recommendation Not to Charge Clinton Ignites Political Bonfire” KCAL-TV Professor Stan Goldman examines the rationale behind the FBI’s recommendation not to charge Hillary Clinton for her handling of classified information via email. [Excerpt]
“I’ve never seen anybody decide not to bring charges, then accuse the no-longer suspect of such acts that one would have thought would be a violation of the law.”
Eric Miller “Nationalism and Reciprocity” Prawfsblawg Brexit and Independence Day were less than a week apart. Professor Eric Miller takes the opportunity to reflect on nationalism. [Excerpt] I’m Scottish. Given the current temporal proximity of Brexit and the Fourth of July, in which Americans celebrate their revolting forebear’s legally irrelevant secession statement, I'll impart one thought on nationalism. We might think that nationalism is a unilateral affair: it states “I assert my independent status as Scottish/ English/ American/ etc.” But nationalism is, in fact, a bilateral or multilateral affair: in asserting your American identity, you rejected your British identity. It is possible to have multiple identities—Scottish and British and European. But multiplicity sits uncomfortably with nationalism.
Jeffery Atik “Washington Wrap: Trump Takes Up NAFTA” S&P Global Market Intelligence In GOP election news, presumptive presidential nominee Donald Trump's trade policy could cause a global recession, said Jeffery Atik, an international trade law professor at Loyola Law School. Trump's plan, outlined on Tuesday, includes withdrawing the U.S. from the Trans-Pacific Partnership and renegotiating the North American Free Trade Agreement. In addition, he wants to bring trade cases against China for manipulating its currency.
Jessica Levinson “End Citizens United Aggressively Seeks Campaign Finance Reform” San Francisco Chronicle Hearing Trump talk about the rigged system may have breathed new life into the issue initially, but political analyst Jessica Levinson wonders if it is one that will motivate his core supporters in November. “The way Trump talks about it isn’t necessarily as a reformer. He talks about it so it’s about him — like he has so much money that he’s above it all. I don’t know if he’s the best messenger,” said Levinson, a law professor at Loyola Law School in Los Angeles.
Justin Levitt “Conyers Renews Call To Restore The Voting Rights Act” Conyers In The House On Tuesday, following the third anniversary of the Supreme Court Shelby County v. Holder decision, House Judiciary Committee Ranking Member John Conyers, Jr. (MI-13) was joined by Congresswoman Brenda Lawrence (MI-14), local community leaders and policy experts, for a discussion on restoring and strengthening the Voting Rights Act of 1965. In addition to Congressman John Conyers, Jr. and Congresswoman Brenda Lawrence, panelists included Reverend Dr. Wendell Anthony, President, Detroit Branch NAACP; Justin Levitt, Deputy Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; Ari Berman, Senior Contributing Writer for The Nation Magazine; Michael J. Steinberg, Esq., Michigan ACLU; and Adam Gitlin, Democracy Counsel, Brennan Center for Justice.
Kimberly West-Faulcon “The Evolution of Justice Kennedy” Los Angeles Daily Journal The late Justice Antonin Scalia argued a variation of the mismatch theory in Fisher I. The decision in Fisher II avoided it, even in the minority's dissent, as pointed out by Loyola Law Professor Kimberly West-Faulcon in a piece she wrote on SCOTUSblog.
Laurie Levenson “FBI Announces it Will Not Recommend Charges Against Clinton for Email Use" KNX-1070 AM Legal analyst Laurie Levenson of Loyola Law School, who’s also a former federal prosecutor, said she expected this decision. “They’re talking to Clinton and going through their investigation. I think the FBI director said they’re not likely to win this case, so why bring this case.”
Laurie Levenson “Blowback for AG Lynch in Wake of Bill Clinton Chat” KNX-1070 AM Laurie Levenson is with Loyola Law School:
“Just talking about family matters or friendly matters, that doesn’t trigger any law violations or ethics violations. It’s just a question of judgment.”
Not Applicable “Fashion Law Summer Intensive” Fashion Blog by Apparel Search The third-annual installment of the Fashion Law Summer Intensive at Loyola Law School, Los Angeles will focus on using viral marketing to grow a fashion brand. The program, part of Loyola’s Fashion Law Project, will run from July 28-August 5, 2016 on Loyola’s downtown LA campus.

 June

Eric Miller “Thoughts on Utah v. Strieff: A Blow to Democratic Accountability of Police” Summary Judgments Professor Eric Miller opines on the recent Supreme Court decision in Utah v. Strieff.
[Excerpt]
The police can now target high-crime neighborhoods in which individuals have greater likelihood of warrants and engage in random stops with virtual impunity. In a city like Ferguson, Missouri, where the number of outstanding warrants is larger than the number of citizens, the right to avoid the police is a chimera.
Laurie Levenson “Illegal Evidence Allowed in Court” Bloomberg Law Laurie Levenson, a professor at Loyola Law School. discusses Monday’s Supreme Court ruling that evidence of a crime may be used against a defendant even if the police did something wrong or illegal in obtaining it. The justices voted 5-3 to reinstate drug related convictions of a Utah man despite the illegal methods the detective used to arrest the man.
Jessica Levinson “California Tobacco Tax Measure Targets an Industry Under Pressure” Sacramento Bee “In politics, whoever has the most money has the biggest megaphone,” said Jessica Levinson, a professor at Loyola Law School in Los Angeles and president of the Los Angeles Ethics Commission. “That’s true when you’re affecting the legislative process and the ballot initiative process.”
Jessica Levinson “Group Pushing Recall of Judge in Stanford Rape Case Is in It for Long Haul” NBC News "Once you start recalling judges because you don't agree with how they exercise their discretion, you open up a Pandora's Box," said Loyola Law School Professor Jessica Levinson, whose work focuses on election law. She does not agree with the sentence given Turner.
John Nockleby “Disney Liability Following Alligator Attack” KNX 1070-AM Professor John Nockleby discusses Disney's potential liability for the death of a toddler following an alligator attack at its Orlando resort.
Tracey Freed “Lawsuit Aims at Social Media and Terrorism” KNBC-TV Adjunct Professor Tracey Freed assesses the strength of a lawsuit filed against Facebook, Twitter and Google by the father of an American killed in the Paris terrorist attacks. Freed cites the Communications Decency Act of 1996 as a challenge for the plaintiff, who alleges the site facilitate terrorist plotting.
Eric Miller “Obama’s Fateful Warning” Summary Judgements Professor Eric Miller opines on the perils of Donald Trump's rhetoric about Muslims in the aftermath of the Orlando shooting. [Excerpt] Yesterday, President Obama gave an impassioned speech warning against singling out the American Muslim community, and indeed Muslims worldwide, as complicit in the violence that erupted so tragically in Orlando this weekend. In an angry response to Donald Trump’s insinuation that American Muslims as a group support and hide terrorists, President Obama asked “Where does this stop?”
Jessica Levinson “Scrutinizing the Stanford Judge and Disneyland’s Liability” KABC-AM Dr. Drew Midday Live with Mike Catherwood [Excerpt]
Professor Jessica Levinson discusses the judge in the Stanford sexual assault case and Disney’s liability following an alligator attack at Disneyland.
John Nockleby “New Disney Signs Will Warn About Alligators After Boy's Death” Wall Street Journal Disney has “a responsibility to protect their guests from foreseeable—that’s the critical word—risk or harm,” said John Nockleby, a professor at Loyola Law School in Los Angeles. Given the vague nature of Disney’s no-swimming signs, Mr. Nockleby added, “it’s a pretty strong case of liability.”
Lauren Willis “Bank of Canada must open people's eyes to debt sinkhole danger: Don Pittis" CBC News While the Bank of Canada is reluctant to raise interest rates, law professor Lauren Willis has devised a scheme she says would assure regulators that consumers aren't getting in over their heads — at least not without realizing it. "If you go out and survey people, you find out that people have no idea what they agreed to, or that they think they agreed to the opposite of what they actually agreed to," says Willis, citing a U.S case where people signed up for a credit card online without even realizing it.
Laurie Levenson “Stanford Rape Judge Pulled from New Sexual Assault” CBS Evening News with Scott Pelley Professor Laurie Levenson discusses the frustration that prompted the Santa Clara County District Attorney to request the removal of Judge Persky from a new sexual assault trial.
[Excerpt]
“There’s a rational basis for the District Attorney to say, ‘Wow, that came out of the blue, and we cannot take another chance at a Brock Turn type of result. We want him off these types of cases.”
Laurie Levenson “Florida Killer’s Wife, Ex-East Bay Resident, Reportedly Knew Plot” San Francisco Gate “The question is how much she knows and whether she joined in his purpose,” said Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles. “It’s not just what she knew. It’s what she did to help.”Levenson added, “If she’s trying to convince him to not attack a place, it shows she does not join in the criminal activity. That would very much work in her favor — but that doesn’t mean they won’t question her.”
Marissa Montes ‘This Process is Difficult, but There is Also Healing,’ Says Victim of Domestic Violence” La Opinión "Many victims of domestic violence, especially when they are undocumented, are very afraid to report their abusers," said Marissa Montes, co-director of the Loyola Law School program. "I told them, 'This is your chance to take advantage of something bad that happened to become something good.'"
Sean Scott “Stanford Petition Demands Names of Student Sex Offenders, Gets 27K Signatures” USA Today Sean Scott, a professor of law and senior associate dean at Loyola Law School, tells USA TODAY College that Stanford has the discretion — though not the obligation — to release the names of students it finds responsible for sexual offenses. However, Scott says she’s unsure if Stanford releasing the names of students found responsible of sexual offenses would, in fact, create a safer environment for it students.“If the university has conducted investigations and has found (students responsible) for a violent crime … to me, it’s not (an) issue of whether to disclose those students names — the real question is whether those students should be allowed to remain on campus. If they’re a threat to the community then they shouldn’t be there, and so disclosing the names, to me, doesn’t address the real issue of if they’re a threat.”
Jessica Levinson “Prosecutors: Ex-California Senator to Plead Guilty to Bribe” ABC NEWS Jessica Levinson, a Loyola Law School professor who serves as president of the Los Angeles Ethics Commission, said the convictions may be a deterrent."I don't think that it means that we've rooted out all the potential corruption in city halls or state capitols or D.C. It means there were a few egregious cases that were brought to justice," Levinson said.
Laurie Levenson “Juror Slams Judge in Stanford Rape Case, Calls Sentence 'A Mockery' Amid Recall Push” Los Angeles Times Judges are rarely recalled from office in California. Most who do leave office are removed following an investigation by the state Commission on Judicial Performance with a hearing on an issue of serious abuse, Loyola Law professor Laurie Levenson told The Times last week.
Laurie Levenson “Ex-State Sen. Ron Calderon to Plead Guilty, Prosecutors Say” KPCC "I think that basically what the prosecutors said is, ‘How much do we actually need to get him a sentence that he deserves?'" Loyola Law School Professor Laurie Levenson told KPCC. "I think they were being realistic.”
Not Applicable “Supreme Court Case Highlights the Trouble With Electing Judges” Yahoo News Numerous studies illustrate that criminal defendants fare poorly when judges are seeking reelection. A 2012 study of Washington state judges found that toward the end of a judge’s political term, criminal sentences grew 10 percent longer. The authors of the study, from Loyola Law School and the University of California, Berkeley, attribute that increased severity to political pressures faced during campaign season. A separate analysis of more than 2,000 state supreme court rulings in capital cases by Reuters in 2015 found that elected judges are 50 percent less likely than appointed judges to overturn death sentences. In Alabama, where judges are able to override jury rulings in capital cases, elected trial judges were more likely to override jury verdicts of life without parole with death sentences during election years, according to a 2011 study from the Equal Justice Initiative.
Elizabeth Pollman “Business and Privacy Law” JD Supra Business Advisor The question of whether US law should recognise a constitutional right to corporate privacy has also been the subject of some academic debate (see e.g. "A Corporate Right to Privacy" by Elizabeth Pollman, Associate Professor of Law, Loyola Law School Los Angeles, Minnesota Law Review 99:27 [2014] pages 27-88) but the US approach to this issue is strongly coloured by the primacy afforded by US constitutional law to freedom of speech and a focus not on whether the corporation has a right to privacy in its own right but whether the individuals working within or through the corporation may have a right to privacy that should be protected in certain circumstances.
Georgene Vairo “Class-Action Sanctions Against Lawyers Threaten Other Cases” Arkansas Business The sanctions will probably cause attorneys to think twice before settling in state court a class-action case that has been filed in federal court, said Georgene Vairo, a professor at Loyola Law School at Los Angeles and author of “The Complete CAFA: Analysis & Developments Under the Class Action Fairness Act of 2005.” “With this opinion, it is likely to deter plaintiffs’ attorneys and defense attorneys from bailing out of federal court to state court to get a better result,” she said.
Jessica Levinson “Trump’s ‘I Told You So’ Moment: How Massacre Changes Campaign” San Francisco Chronicle The mass shooting in Orlando, and the circumstances around it, are just too much for any politician to ignore, said Jessica Levinson, a political analyst and law professor at Loyola Law School in Los Angeles.“There’s something in this for everyone,” she said. “Each side is going to try to control the narrative of the tragedy.”
Jessica Levinson “How One of L.A.'s Highest-Paying Jobs Went to the Boss' Son” Los Angeles Times “When you’re using taxpayer dollars, particularly so many taxpayer dollars, the job needs to go to the best-qualified person, not the son of a boss,” said Jessica Levinson, president of the Los Angeles Ethics Commission. “So many questions I get are tough calls. This is not one of them.”
Jessica Levinson “Presidential Campaign May Have Large Impact on U.S. Senate Race in California” Fox News Latino “Sánchez leads in terms of Latino support, but I don’t think it will be enough for her to win,” said Jessica Levinson, a political professor with an expertise in elections at Loyola Law School.
Laurie Levenson “Brock Turner Sentence: Legal Analyst Weighs in on Stanford Sexual Assault” CBS News "It just seems way too low for what we know now about what happened in this crime," legal analyst Laurie Levenson told CBS News.However, the Loyola Law School professor believes "it was definitely a lawful sentence."
Priscilla Ocen “Lynching’ Laws Were Meant to Protect Black People. Removing the Word Changed Everything” Pasadena Star-News “California was doing something progressive in the 1930s by criminalizing the act of lynching, which is the taking of someone from lawful custody, for the purposes of doing harm to the person,” said Priscilla Ocen, an associate professor of law at Loyola Law School.
Adam Zimmerman “Agency Class Actions In Action” Summary Judgements Professor Adam Zimmerman’s recommendations to the Administrative Conference of the United States regarding federal agencies hearing class actions and other complex procedures in their own hearings to promote court access, consistency and efficiency for large groups of people raising the same claims were approved.
Jessica Levinson “Two Democrat Minority Women in California Senate Race Face Challenge to Stand Out” Wall Street Journal Ms. Sanchez “is positioning herself, as the more moderate Democrat,” said Jessica A. Levinson, a professor at Loyola Law School in Los Angeles who focuses on law and politics. But given Tuesday night’s results, and the dominance of the Democratic Party in the state, she said, Ms. Sanchez faces “an enormous uphill battle.”
Jessica Levinson “The Race for Boxer’s Seat and the November Ballot” KNX 1070-AM Professor Jessica Levinson discusses the race for Barbara Boxer’s Senate seat and upcoming ballot measures on the November ballot.
Jessica Levinson “Voting for Judges” KNX 1070-AM Professor Jessica Levinson speaks to Fox News regarding California discusses how voters make an informed choice when voting for judges.
Jessica Levinson “Primary Portends 'A Lot Of Trouble' for Honda” Mercury News Jessica Levinson, a politics professor at Loyola Law School, said that the primary results might not reflect as poorly on Honda's chances as it might first appear. Khanna's name has been out there and he's been campaigning hard, and Honda has the ongoing federal ethics probe hanging over him. All things considered, a tie isn't so bad. "Khanna's a different and better candidate, and Honda's a different and worse candidate," she said. "He's facing some serious legal and ethical problems -- I don't know if the results are really that much of a loss for him."
Laurie Levenson “Trump's Lead Lawyer Donated to Clinton After Joining Case” Politico “When he gets focused, he gets focused -- and he really is not distracted by other people’s comments,” said Laurie Levenson, a professor at Loyola Law School and longtime California lawyer who has watched Petrocelli’s career, especially during the Simpson trial. But on the other hand, Levenson said, it’s possible there will be “a point at which he would get fed up with this — who knows.”
Not Applicable “Trump's Comments About Judge Curiel Outrage Legal Community in San Diego” Fox Latino Moran is a member of the Union-Tribune’s investigative reporting team, focusing on legal affairs and federal agencies. Moran was in the first class of journalists selected to attend the Journalist Law School at Loyola Law School in Los Angeles.
Priscilla Ocen “Criteria to Become LASD Watchdog” My News LA The Coalition to End Sheriff Violence in Los Angeles Jails — which pressed for civilian oversight — has submitted nine nominees of its own, including Patrisse Cullors, founder of Dignity and Power Now and co-founder of the Black Lives Matter National network; Rabbi Heather Miller of the LGBT- founded Jewish congregation at Beth Chayim Chadashim; Priscilla Ocen, associate professor of law at Loyola Law School; and community activists who have spent time in jail.
Jessica Levinson “Clinton Claims Victory, Sanders Digs In. What’s Next?” KCRW - Press Play with Madeleine Brand Professor Jessica Levinson discusses Hillary Clinton and Bernie Sander’s responses to Clinton’s likely nomination and the future of both parties campaigns with Press Play.
Jessica Levinson “Primary Portends 'A Lot Of Trouble' for Honda” Mercury News Jessica Levinson, a politics professor at Loyola Law School, said that the primary results might not reflect as poorly on Honda's chances as it might first appear. Khanna's name has been out there and he's been campaigning hard, and Honda has the ongoing federal ethics probe hanging over him. All things considered, a tie isn't so bad. "Khanna's a different and better candidate, and Honda's a different and worse candidate," she said. "He's facing some serious legal and ethical problems -- I don't know if the results are really that much of a loss for him."
Laurie Levenson “Trump's Lead Lawyer Donated to Clinton After Joining Case” Politco “When he gets focused, he gets focused -- and he really is not distracted by other people’s comments,” said Laurie Levenson, a professor at Loyola Law School and longtime California lawyer who has watched Petrocelli’s career, especially during the Simpson trial. But on the other hand, Levenson said, it’s possible there will be “a point at which he would get fed up with this — who knows.”
Not Applicable “Trump's Comments About Judge Curiel Outrage Legal Community in San Diego” Fox Latino Moran is a member of the Union-Tribune’s investigative reporting team, focusing on legal affairs and federal agencies. Moran was in the first class of journalists selected to attend the Journalist Law School at Loyola Law School in Los Angeles.
Priscilla Ocen “Criteria to Become LASD Watchdog” My News LA The Coalition to End Sheriff Violence in Los Angeles Jails — which pressed for civilian oversight — has submitted nine nominees of its own, including Patrisse Cullors, founder of Dignity and Power Now and co-founder of the Black Lives Matter National network; Rabbi Heather Miller of the LGBT- founded Jewish congregation at Beth Chayim Chadashim; Priscilla Ocen, associate professor of law at Loyola Law School; and community activists who have spent time in jail.
Jessica Levinson “California Delivers for Clinton, Signals Voter Shifts to Come” Politico "It was an apparition in the desert,'' said political analyst Jessica Levinson, a professor of law at Loyola Law School, of the candidates' retail campaign during the primary. "We just couldn't understand seeing all these presidential candidate here. And, oh my God, they were here to campaign, not just to raise money."
Paula Mitchell “Grim Sleeper Sentencing Puts Spotlight on California Death Penalty” KNX 1070-AM Alarcon Advocacy Center Director Paula Mitchell discusses the costs associated with the death penalty in California with KNX.
Jessica Levinson “Hillary Clinton, Bernie Sanders Appeal for Votes as Primary Day Nears” Fox Political analyst Jessica Levinson, a professor at Loyola Law School, Los Angeles, said several developments appear to be driving the increase in independent spending: more competitive legislative districts drawn by an independent commission and the voter-approved top two primary system, in which the top two vote-getters advance to the November general election, regardless of party.
Jessica Levinson “Voter’s Guide to the June 7 Primary” KCRW_FM “It’s this incredibly powerful board,” said professor at Loyola Law School, Jessica Levinson. The Board of Supervisors controls a huge budget, and many aspects of life in Los Angeles County. They oversee county hospitals, transportation and a lot of health and safety issues. There are three open seats, and only two are contested. “The reason we have any open seats is because we’re now just feeling the implementation of term limits that were in place years ago,” said Levinson.
Seagull Haiyan Song “Closer Convergence: Chinese and US Entertainment Law” World Intellectual Property Law Review Chinese and U.S. laws surrounding trademark protection of film titles and other related issues in the entertainment industry are increasingly converging, says Seagull Haiyan Song, professor of Loyola Law School Los Angeles.

May

Jessica Levinson “Ro Khanna Seeks Mike Honda Rematch in Silicon Valley Congressional Seat” Mercury News California, the expensive races -- and that's synonymous with competitive races -- are increasingly Democrat vs. Democrat," said Jessica Levinson, a politics professor at Loyola Law School. "Republicans are very much a minority party. And here you have a race that was very close last time and it could be close again but maybe even flipped. It could be the moment for Ro Khanna."
Jessica Levinson “Ro Khanna Seeks Mike Honda Rematch in Silicon Valley Congressional Seat” San Jose Mercury News California, the expensive races -- and that's synonymous with competitive races -- are increasingly Democrat vs. Democrat," said Jessica Levinson, a politics professor at Loyola Law School. "Republicans are very much a minority party. And here you have a race that was very close last time and it could be close again but maybe even flipped. It could be the moment for Ro Khanna."
Christopher Hawthorne "Defense Attorneys Disappointed by State High Court's Juvenile Sentencing Ruling" Los Angeles Daily Journal Christopher Hawthorne, professor at Loyola Law School, said the court issued an odd, hybrid opinion. "There is no wiggle room in statute for homicide plus gun enhancement," Hawthorne said. "The court is bound to impose a certain sentence, so there is no reason to hear mitigating evidence." But mitigating evidence will eventually be very valuable for a parole attorney.
Jessica Levinson “Bloomberg Law Brief: Texas Voter ID Law Back in Court (Audio)” Bloomberg Harry Baumgarten, a legal fellow at the voting rights institute, and professor Jessica Levinson from the Loyola Law School, discuss a voter ID law in Texas that was heard in a federal court on Tuesday.
Michael Waterstone “A Complicated Legal Battle Over Sumner Redstone’s Mental Acuity” New York Times “The California claim is an effort by Redstone’s lawyers to take the issue of competency off the table, by saying it was taken care of under the terms of the trust,” said Michael Waterstone, an expert on disability law and the incoming dean of Loyola Law School, Los Angeles. “But it’s unclear how successful that attempt will be.”
David Glazier “The MSF Airstrike Report: Better on the Facts Than on the Law” Just Security Professor David Glazier assesses the facts surrounding the airstrike on a Doctor’s Without Borders hospital in Afghanistan this past May. [Excerpt] To conclude that one or more Afghan officials cunningly manipulated the aircrew into attacking the wrong target based on a deliberate misdescription in the fog of a multi-party (and presumably multilingual) relay of information at oh-dark thirty in the midst of a multi-day battle in order to have the MSF facility struck simply defies logic. Particularly given that they’d be diverting the fire away from the site that they were tasked to assault, significantly increasing the risk to their own lives by failing to “prepare the battlefield.”
Jessica Levinson “Sanders Backers, Independents Sue to Extend Registration in State” San Francisco Chronicle But Jessica Levinson, a professor at Loyola Law School in Los Angeles, said the lawsuit seems like a political strategy aimed at getting more delegates for Bernie Sanders. “It’s the end of the primary, Bernie Sanders is becoming increasingly aggressive in his tactics, and polls indicate that ‘no party preference’ voters are supporting him,” Levinson said.
Jessica Levinson “Oil Industry Money Flowing into San Jose State Senate Race" East Bay Times Jessica Levinson, political analyst and professor at Loyola Law School, said that ads produced by oil-funded groups can be purposely misleading, but still affect an election. "Increasingly it's the case that independent expenditures have shadowy campaigns that can take on enormous influence," Levinson said. "Voters see an ad, they're not sure where it comes from. It's not a candidate communication or endorsed by a candidate. But studies show people spend a very short time looking at ads.
Aaron Caplan “Supreme Court Vacates, Remands Zubik Case on Contraceptive Care” Pittsburgh Post-Gazette Legal scholars like Professor Aaron Caplan of Loyola Law School Los Angeles weren’t sure whether Monday’s outcome was a result of an unresolvable tie or justices’ earnest belief that a compromise could be reached that not require their intervention.
Jessica Levinson “How a Mascot Increased Voter Turnout in California” Sacramento Bee Professor Jessica Levinson and her co-author advocate for creative ways of boosting voter interest in their op-ed. To say that voter participation rates in California are low is akin to saying the state might have a water problem. Less than half of registered voters participated in California’s elections in 2014. This matters because voters pick representatives for all of us, but they do not represent all of us. Those who vote are on average older, whiter and wealthier than the average Californian. Our collective disinterest relinquishes an enormous amount of power to a “voter class.”
Jessica Levinson “Money in politics: Finance, Regulation and Disclosure in California's Ballot Initiative Process” KPCC-FM Professor Jessica Levinson participated in an event with KPCC-FM looking at the November ballot, which is expected to contain a record number of citizen initiatives in California with more than a 100 already proposed and filed with the Secretary of State. Enacted in 1911, California’s citizens’ initiative process allows citizens the opportunity to put their own propositions on the state ballot.
Jennifer Rothman “In Minnesota, "Prince" Bill Temporarily Dethroned” AMI Newswire “It’s unusual to introduce a bill of this complexity this late in the legislative session,” Jennifer Rothman, a professor at Loyola Law School in Los Angeles and an expert on publicity rights, told AMI Newsline. “I think they need to take more time and prepare full hearings.”
Jennifer Rothman “Hasty Action on a PRINCE Act Would be Pure Folly” Minneapolis Star Tribune Loyola Prof. Jennifer Rothman, another expert on publicity rights, notes that Michael Jackson’s estate is now embroiled in a protracted fight with the IRS over the commercial value of his image. Instead of helping Prince’s family and other celebrity heirs, the Legislature may be sticking them with a huge tax bill. Ironically, an estate could find itself forced to sell T-shirts and coffee mugs with a celebrity’s likeness — even against family members’ wishes — because that’s the only way to pay taxes calculated using the full potential value of publicity rights.
Ellen Aprill “Should Political Nonprofits Disclose More Frequently?” Tax Analysts But Ellen Aprill, professor at Loyola Law School, cautions in a new article for the Pittsburgh Tax Review that Congress has so intertwined sections 527 and 501(c)(4) that any stepped-up regulation of the latter is going to require looking at the former.Many activities that are tax exempt for section 527 groups are limited for noncharitable 501(c)s and forbidden for 501(c)(3)s, she writes, adding, "Reconciling political campaign intervention under current law is fraught and difficult."
David Glazier “Guantanamo: The Last-Chance Hearings” Al Jazeera English There seems to be this sense, even in the government, to try to cast this "war on terror" in terms that people are familiar with, for example calling the PRB "parole-like" hearings, said David Glazier, a professor of law at Loyola Law School, who follows Guantanamo developments. "But what I think people in the government are forgetting with respect to Guantanamo is that these folks have never been proved guilty beyond a reasonable doubt," Glazier said.
Jay Dougherty “The Question of Klingon Copyright” KPCC-FM’s AirTalk Loyola professor Jay Dougherty joins a discussion of Star Trek-inspired copyright issues, including: “What goes into creating a fictional language for television and movies? Are fictional languages “living languages” despite absence of a real community? How has Klingon been changed by Trekkies?
Jessica Levinson “Mark Farrell Sues SF Over $191,000 Election-Law Fine” San Francisco Chronicle Jessica Levinson, a professor at Loyola Law School in Los Angeles who specializes in election law and governance, said it’s rare for an elected official to sue his or her own city. She noted, however, that the size of the fine against Farrell is “pretty serious.”
Aaron Ghirardelli “The Best LLM Programs: The Law School Experience” The National Jurist A story listing Loyola Law School as among the 11 best LLM programs in the U.S. for international students includes extensive quotes from Aaron Ghirardelli, faculty director. [Excerpt]
At Loyola Law School, Los Angeles, Aaron Ghirardelli, the faculty director of the LLM and JSD programs, knows firsthand the obstacles and opportunities international students face.
Stan Goldman “Prosecutors: No Plans to Review Cases Involving Ousted LA Sheriff’s Official” Los Angeles Daily News Stan Goldman, a criminal law professor at Loyola Law School, said it would be morally and politically astute to review certain cases but it’s not legally required. And it would be “a tough burden” for lawyers to overcome to suggest there was a problem with a case, he said.“Maybe he was a racist when he was involved in a case, maybe he wasn’t, but what effect did that absolutely have in trial?” he said.
David Glazier “Lawyer Limelight – Guantanamo: David Glazier” Law Dragon Lawdragon first encountered David Glazier’s work last year as it reviewed academic articles in preparation for its coverage of the military commissions at Guantanamo Bay. Glazier, who is critical of the commissions, has authored six law journal articles and one book chapter on the topic. With April’s hearings unexpectedly cancelled in the long-pending case against the five defendants charged with planning and supporting the Sept. 11 attacks, it seemed like a good opportunity to discuss the commissions and their place in history with Glazier.

April

Alexandra Natapoff “Professor Natapoff Receives Guggenheim Fellowship” John Simon Guggenheim Memorial Foundation Loyola Law School, Los Angeles Associate Dean Alexandra Natapoff has been named as the recipient of a 2016 Guggenheim Fellowship for her scholarly work on misdemeanors and the American criminal justice system. The highly prestigious award is bestowed annually on a short list of scholars and artists from among 3,000-4,000 applicants, and less than 1 percent of recipients since 2000 have practiced in the field of law.
Laurie Levenson “What's Next for Former LA Undersheriff Tanaka After Guilty Verdicts” KPCC-FM Loyola Law School professor and former federal prosecutor Laurie Levenson said she did not expect that Tanaka would get a 15-year sentence. “I doubt it will be the maximum, but Judge Percy Anderson is a no-nonsense judge,” Levenson told KPCC's AirTalk. “I think he will look very carefully at these types of charges that involve more than just a conspiracy, but really interfering with an investigation and the justice system.”
Justin Levitt “A Republican Lawmaker May Have Inadvertently Confirmed Democrats' Suspicions of Voter ID” VOX The type of in-person voter fraud that typical voter ID laws target is nonexistent to extremely rare. Loyola Law School professor Justin Levitt has tracked credible allegations of in-person voter fraud for years, finding 35 total credible allegations between 2000 and 2014, when more than 800 million ballots were cast in national general elections and hundreds of millions more were cast in primary, municipal, special, and other elections.
Justin Levitt “More Stalling in Missouri Senate, This Time on Contentious Voter ID Measure” St. Louis Post Dispatch Justin Levitt, a researcher at Loyola Law School, Los Angeles, counted only 31 credible cases of in-person voter identification fraud out of more than 1 billion ballots cast between 2000 and 2014.
Jessica Levinson “Supreme Court Says No New Voting Districts” KCRW-FM’s Press Play Professor Jessica Levinson discusses the impact on elections of the U.S. Supreme Court’s unanimous opinion rejecting a Texas proposal to redraw voting districts based on eligible voters.
Jessica Levinson “Clinton-Brown Scenario” Politico The Reality Check: Politico asked political analyst Jessica Levinson of Loyola Law School for her take on the Clinton-Brown scenario. “The biggest thing is, he’s older and he’s white -- he doesn’t bring any diversity to the ticket” -- between Hillary Clinton at age 68, and Brown at 77, “it would be the oldest ticket ever. Bernie seems to have electrified the Millennials in a way that Jerry hasn’t, and in a way, frankly, I don’t think he can. Jerry’s popular, but not transformational.” And “he doesn’t bring a new state,’’ since CA is already in the bag for the Dems.
Not Applicable “Lawyers Reveal What Compton School Trauma Reforms May Look Like” KPCC-FM [Symposium panelists] Eidmann and Nanda talked about the Compton lawsuit settlement after a panel discussion on the lawsuit organized by Loyola Law School’s Center for Juvenile Law & Policy. The event highlighted how public agencies across the state and the country are evaluating whether their policies are too harsh on youth, in particular black and Latino kids.
David Glazier “U.S. and International Perspectives on the New U.S. Department of Defense Law of War Manual” American Society of International Law David Glazier discussed a database he has been working on with students to identify challenges in the manual (returning to the above example of expanding bullets and the problems with attempting to establish persistent objector status at this date) and highlighting some problems with the footnotes relying exclusively on US practice. He also explained the need for legal guidance and clarity for people on the ground.
Laurie Levenson “True and False in ‘The People v. O.J. Simpson” CBS-Crimesider "Everything about this case was different," Professor Laurie Levenson said. "The lawyers, how they acted in the courtrooms, the petty fights between the prosecutors and defense attorneys; the jurors, how long they were sequestered, how they got a Roger Williams concert; the media circus, and it really was a circus."

March

Kevin Lapp “State Supreme Court Will Not Hear Santa Clarita Family's Appeal in Tribal Custody Case” Los Angeles Times Kevin Lapp, an associate professor at Loyola Law School whose focus is juvenile law, said the U.S. Supreme Court's willingness in 2013 to take up the "Baby Veronica" case — returning a Cherokee girl to her adoptive parents after a long legal battle — suggests a high-court battle isn't out of the question.
David Glazier “The Law of War Manual Debate Goes to ASIL” Just Security David Glazier, professor at Loyola Law School, Los Angeles, will offer a critical perspective, drawing on a forthcoming article he has written on the Manual with his students.
Priscilla Ocen “Activists and Legislators Shine a Spotlight on the Criminalization of Black Girls” The Intercept “Historically, black women, while we have been leaders and foot soldiers in movements, have not been prioritized in terms of the issues that have been addressed by racial justice,” said Priscilla Ocen in an interview. Ocen, a law professor, advocate, and panelist during Black Women’s History Week, noted that the invisibility of black women’s issues is “reflective of broader patterns in the history of organizing and activism.”
Jessica Levinson “Lasting Impact of Scalia’s Loss on Supreme Court” Peter Tilden Show Professor Jessica Levinson discusses the continuing effects of Antonin Scalia’s death on the Supreme Court.
Laurie Levenson “LA District Attorney Launches Wrongful Conviction Unit, Immediately Flooded with Nearly 1K Cases” Atlanta Black Star Loyola law professor Laurie Levenson said she was frustrated with how slow the process was moving. “I think the DA’s heart is absolutely in the right place. I think the problem has been getting the unit up and going and understanding how these decisions will be made,” she said. “On our end, that’s a bit frustrating ’cause we have cases that we want resolved today.”
Laurie Levenson “Trump On Crime: Tough Talk, Few Specifics” The Crime Report “What’s really frustrating, is that (he’s) like a cardboard candidate; you know what his pitch is but you don’t know anything else beyond that,” said Prof. Laurie Levenson of Loyola Law School. “And maybe he doesn’t either.”
Dan Schechter “Calm Down, Roscoe's Isn't Closing Because It's in Bankruptcy” KPCC-FM "Chapter 11 is usually intended to reorganize the company," says professor Dan Schechter, who teaches bankruptcy at Loyola Law School. "Instead of going out of business, the company will develop a plan to pay some of its creditors some of the money they're owed and it will stay in business."
Alexandra Natapoff “Judge Rules Against Ex-DEA Informant, Shows How The System Is Designed To Screw Sources” Huffington Post “The whole world of informant use is built on fuzzy ethics, the toleration of hypocrisy, inequitable treatment and often coercion,” Alexandra Natapoff, a professor at Loyola Law School and an expert on informants in the criminal justice system, told HuffPost last year. “So that is a tricky world to ask people to do the right thing.”
Allan Ides “A Victory for Public School Teachers” KPCC-FM’s Take Two Professor Allan Ides regarding the Supreme Court’s four-to-four split in a case that challenged a rule that required public school teachers to pay union dues even when they are not union members.
Allan Ides “Without Scalia, Supreme Court Deadlocks on Union Case” KCRW-FM’s Press Play Professor Allan Ides was a guest on Press Play the Supreme Court’s 4-4 split on Friedrichs v. California Teachers Association.
Jessica Levinson “For Many Faith-Based Communities in the U.S., ‘Religious Liberty’ Has Few Limitations" KPCC-FM’s Take Two Jessica Levinson, clinical professor of law at Loyola Law School, speaks to KPCC’s AirTalk regarding how the perception of religious liberty has evolved and what protections faith-based organizations have.
Not Applicable “Report Finds Flaws in L.A. County's System for Defending Children Accused of Crimes" Los Angeles Times The researchers found that panel attorneys in those cases "consulted less often with experts, provided less documentation to support the client and filed fewer motions." Minors represented by the panel attorneys were also more often sent to state or county lockups, the report found. An earlier report on the same issue completed by Loyola Law School made similar findings.
Yxta Maya Murray “Murray on The Tyranny of Small Things” CrimProfBlog Professor Yxta Maya Murray’s article The Tyranny of Small Things (Michigan Journal of Race & Law, Forthcoming) is highlighted on CrimProfBlog.
Georgene Vairo “Loyola Law Professor Elected Vice Chair of Sweet Briar College Board" Sweet Briar College News Sweet Briar College has announced that Loyola Law School Professor Georgene Vairo of Santa Barbara is the new vice chair of its board of directors. Vairo, a 1972 Sweet Briar graduate, has served as secretary since the board was created on July 2, 2015, when new governance took over following a thwarted attempt to close the private women’s college in Virginia by its previous board and administration.
Laurie Levenson “LA County's New Wrongful Conviction Unit Flooded with Hundreds of Innocence Claims" KPCC-FM "I think the DA's heart is absolutely in the right place. I think the problem has been getting the unit up and going and understanding how these decisions will be made," said Loyola Law Professor Laurie Levenson, founder of the university's Project for the Innocent. "On our end, that's a bit frustrating because we have cases that we want resolved today.”
Justin Levitt “Justice Department Voting Rights Unit Adapts After Supreme Court Ruling” NPR Professor Justin Levitt discusses with NPR Justice Correspondent Carrie Johnson his work with the Department of Justice to oversee voting in the aftermath of a Supreme Court opinion that struck down portions of the Voting Rights Act. [Excerpt] “Levitt: We have to go out and sue rather than blocking bad laws before they go into effect. And that's been a big change for us.”
Laurie Levenson “Somehow, O.J. Simpson Keeps Making News” Chicago Tribune & Aurora (Ill.) Beacon-News As a matter of fact, former federal prosecutor Laurie Levenson, a professor at Loyola Law School in Los Angeles, gave credibility to this notion, saying that, "If they were going to find this knife and make it useful in the murder trial, they should have found it 20 years ago, and they didn't."
Justin Levitt “Big Problems With Arizona's Primary Were Avoidable, Yet Inevitable” The Atlantic’s CityLab As Loyola Law School professor and elections expert Justin Levitt wrote in his 2013 study about polling place lines, “We need not wait any longer to ensure that we need not wait any longer.”
Laurie Levenson ‘Midnight Rider’ Director Randall Miller to be Released from Prison” Los Angeles Times "Sometimes the only way to get people to pay attention to safety is to show them the consequences will be grave if they don't," Laurie Levenson, a professor at Loyola Law School, told The Times last year. "It's almost like you have to remind every generation of filmmakers you don't get to take this risk with people's lives."
Jessica Levinson “A Federal Judge Won't Move Up Status Conference in Trump Lawsuit” Los Angeles Daily Journal "It erases the distinction between the political candidate and the person," said Jessica Levinson, a professor at Loyola Law School in Los Angeles. "The money might mean more to the candidate because they would know they could use it later."
Daniel Lazaroff “Antitrust Lawsuit Stops L.A. Times Publisher from Acquiring Freedom Communications” Los Angeles Daily Journal Tactically, the temporary restraining order had the same effect as if this had gone through a preliminary injunction hearing and more thorough legal battle and the government had won, said Daniel Lazaroff, professor emeritus at Loyola Law School.
Laurie Levenson “Riverside Judge Dismisses Rare Murder Charges Against Detox Center” Los Angeles Daily Journal Laurie L. Levenson, a Loyola Law School professor, had a different view. The attorney general might be able to get a murder indictment to trial in the future, she said. "I think what will happen is they'll look for a better case and they should look for a better case."
Adam Zimmerman “Zimmerman’s Amicus Brief Cited in Supreme Court Case over Class Action Certification”   The U.S. Supreme Court cited an amicus brief co-authored by Professor Adam Zimmerman in a slip opinion issued today in a case that centered on the process for certifying a class. [Excerpt] It follows that the Court would reach too far were it to establish general rules governing the use of statistical evidence, or so-called representative evidence, in all class action cases. Evidence of this type is used in various substantive realms of the law. Brief for Complex Litigation Law Professors as Amici Curiae 5–9; Brief for Economists et al. as Amici Curiae 8–10. Whether and when statistical evidence can be used to establish classwide liability will depend on the purpose for which the evidence is being introduced and on “the elements of the underlying cause of action,” Erica P. John Fund, Inc. v. Halliburton Co., 563 U. S. 804, 809 (2011).
Jessica Levinson “Mississippi Senators Seek to End Personal Campaign Cash Use” ABC News "It erases the distinction between the political candidate and the person," said Jessica Levinson, a professor at Loyola Law School in Los Angeles. "The money might mean more to the candidate because they would know they could use it later."
Alexandra Natapoff “Plato Society Asks the Hard Questions at Skirball Center Symposium” Westside Today The [And Justice for All?] symposium featured a range of experts with various vantage points on this issue….[Loyola Law School Associate Dean Alexandra] Natapoff elaborated on this idea in a talk focused on misdemeanors and how “fines occupy a special place in the misdemeanor world,” meaning that their disproportionate impact on poor populations has placed a number of people into jail or homelessness due to an inability to pay their fees. Traffic fees especially drive this in L.A., since they increase with each unpaid day regardless of the offender’s means, typically resulting in license suspensions and joblessness.
Simona Grossi “Health Care, Religion, and the Never Ending Assault on the Affordable Care Act” Huffington Post Loyola Professor Simona Grossi has penned an op-ed on the upcoming Supreme Court case Zubik v. Burwell.
[Excerpt] There is no doubt that the government could require all employers to provide the government with information relevant to health care coverage, including contact information regarding the insurance or third-party coverage of its employees. The government could also ask a religious employer to let it know if it would like an accommodation in the context of contraceptive services. How else would the accommodation be made available? Why the government can’t ask those questions at the same time without substantially burdening a religious practice is, at the very least, puzzling.
Aaron H. Caplan “Bishop Zubik Lead Plaintiff in Obamacare Challenge in Supreme Court” Washington-Post Gazette There are other possible outcomes, said Aaron H. Caplan, professor at Loyola Law School, Los Angeles.“They can reschedule the argument for next year and say ‘Let’s just do this again when we have nine members,’ but I don’t know when they’re going to have nine members, so that’s not a very likely option,” Mr. Caplan said.
Simona Grossi “The Apple/FBI Case: A Few More Thoughts Before the March 22 Hearing” Huffington Post Professor Simona Grossi has written an op-ed on the Apple/FBI case prior to the hearing. [Excerpt] With the above considerations in mind, the order signed by Judge Pym is remarkable in that it references no substantive legal standard that would permit the judge to order Apple to assist the government in decrypting the iPhone. The only legal authority cited in the order is the All Writs Act itself. But the All Writs Act cannot come into service unless there is a rule of law to be enforced, and as far as the order is concerned no such rule of law was at play. The only conclusion one can draw from this is that Judge Pym’s order is implicitly based on a newly fabricated, but yet to be articulated, rule of law. In the absence of some constitutional, statutory, or common law principle from which that rule was derived, the order is virtually lawless.
Alexandra Natapoff “The Controversial Rise of 'Stop Snitching' Facebook Groups” The Kernel “The availability of information on social media has been an enormous source of reform in and of itself, because it’s permitting families whose children might have been harmed by becoming a confidential informant or are feeling pressured to become a confidential informant to learn they’re not alone and that this is not an isolated incident; it’s not something that just one department does,” says Alexandra Natapoff, a Loyola Law School professor in Los Angeles and the author of Snitching: Criminal Informants and The Erosion of American Justice. “It’s in effect a national policy that has been going on for decades, and about which the public knew very little. So perhaps the most powerful influence of the Internet and social media is to teach the public that this is an enormous aspect of our criminal system generally. It’s creating public awareness that has never really existed in this area before.”
David Glazier “Many at Guantanamo Apparently Not 'Too Dangerous' After All" Associated Press The deliberations of the board are private. But David Glazier, a professor at Loyola Law School who has analyzed records of the proceedings released by the Pentagon, said the members appear to be treating past assessments of prisoners "with a healthier degree of skepticism" than officials did in the past. “If you just care about justice for human beings it’s a little odd that it’s taken 14 years to ask the questions in a hard enough way to discover that,” said Glazier, a former Navy officer and expert in military law.
Jessica Levinson “Obama’s Supreme Court Nominee A Disappointingly Brilliant Choice” Sacramento Bee Loyola Professor Jessica Levinson has written an op-ed on Obama’s Supreme Court nominee. [Excerpt] Obama’s nomination may pay off regardless of whether or not Garland gets a hearing. If Republican senators deny him a hearing, they risk frustrating the electorate, and frankly looking like quite a petulant bunch. If Garland gets his hearing, it will be incredibly difficult to argue that someone with his credentials is not qualified for the job, and he is likely to be confirmed. That may be as close to a win-win as we get in the current political climate.
Laurie Levenson Yolo Defense Attorney Claims Bias, Wants New Judge in Child Death Case” Sacramento Bee Sequeira argued that the instances leave doubt that Richardson can fairly judge Dorsey’s case. But Laurie Levenson, a professor of law and an expert on disqualification issues at Loyola Law School in Los Angeles, says courts are reluctant to disqualify judges.“It’s definitely an uphill battle whenever you challenge a judge,” Levenson said, adding the judicial system begins with the presumption that a judge can set aside biases and fairly consider the evidence.
Allan Ides “Tiny Cracks in Wall of Opposition to Merrick Garland” Boston Herald “Republican senators facing re-election may have difficulty explaining to their constituents why the party is stonewalling an eminently reasonable, centrist nominee for the Court,” said Allan Ides, Supreme Court expert and Loyola Law School professor.
Daniel Lazaroff “U.S. Files Suit to Block Tribune Purchase of O.C. Register Parent” Los Angeles Times Daniel Lazaroff, professor emeritus at Loyola Law School, said an expanded Tribune Publishing still wouldn't be able to dictate rates for advertisers, given the many online options, including websites, search engines and social media.“If they raise advertising rates significantly they would lose even more advertising,” he said. “It's like saying Italian suits are a separate market from all suits.”
Daniel Lazaroff “DOJ Tries to Block Tribune Publishing from Creating Newspaper Monopoly in Southern California” Los Angeles Daily Journal "It's clearly a competitive business. The idea of English-language newspapers being the market given modern technology is unrealistic," said Daniel Lazaroff, professor emeritus at Loyola Law School. "It's boggling to me to think that consumers and advertisers would be hurt [by this merger]."
Daniel Lazaroff “Tribune Publishing Wins Auction for O.C. Register Parent" Los Angeles Times If the government seeks to block the deal, Tribune may argue that the government’s concerns are rooted in a lack of understanding about today’s newspaper industry, said Daniel Lazaroff, professor emeritus at Loyola Law School.He noted that consumers and advertisers have more choices today than decades ago, including websites and cable news stations. “If this was 25, 30 years ago, the anti-competitive potential would be much greater,” he said.
Justin Levitt “This Week in Republican Political Lies” The New York Times In 2014, Justin Levitt, an election-law scholar at Loyola Law School in Los Angeles, catalogued every instance of voter-impersonation fraud he could find in any election since 2000 — not just prosecutions, but even vaguely credible allegations. He found 31 — over a period in which Americans cast about 1 billion votes in federal, state and local elections.
Justin Levitt “Light a Match to Greg Abbott's Ridiculous Claim About ‘Rampant Voter Fraud" PolitiFact In 2015, Justin Levitt, a professor at Loyola Law School in Los Angeles, said most of the Texas prosecutions would not have been prevented by the voter ID law. "There were a bunch of prosecutions for unlawfully turning in a ballot that people weren't supposed to have possession.
David Glazier & Kathleen Kim “CSA Teach-In Raises Awareness for Syrian Refugee Crisis” The Loyolan The Syrian Refugee Crisis Teach-in will offer talks from faculty members of LMU and Loyola Law School, including Dr. Najwa al-Qattan, David Glazier and Kathleen Kim. There will also be an opportunity to ask questions during the Q&A session with representatives from Oxfam and the International Rescue Committee, as well as the chance to listen to Syrian students discuss action that can be taken to support these refugees.
Jessica Levinson “Path for Supreme Court Nominee” KABC-AM [Excerpt]
Loyola’s Jessica Levinson discusses the path forward for U.S. Supreme Court nominee Merrick Garland.
Not Applicable “2017 Best Law Schools” U.S. News & World Report Loyola Law School, Los Angeles is ranked No. 65 out of 196 law schools in U.S. News & World Report’s 2017 edition of “America’s Best Graduate Schools.” This marks the second consecutive year of double-digit ascent for Loyola, which saw the sharpest rise of any California law school. Additionally, the Law School is now ranked in the top 10 in two specialty categories: No. 5 in Tax Law & No. 8 in Trial Advocacy. Loyola’s Evening Division Program is ranked No. 11 out of 79 part-time programs, making it the top-ranked program on the West Coast. Additionally, the Law School is ranked No. 9 on the Diversity Index & No. 21 in Legal Writing.
Allan Ides “President Obama's Supreme Court Nominee” KPCC-FM’s Take Two Professor Allan Ides discusses the confirmation prospects for President Obama’s nomination of the Hon. Merrick Garland to the U.S. Supreme Court.
Jessica Levinson “Ruling Puts Contribution Limits at Risk Across U.S.” Legal News “If the court were to strike down direct limits under the new standard, that, I think, would be quite a big deal,” said Jessica Levinson, a professor at Loyola Law School in Los Angeles and a campaign finance expert. “Direct contribution limits and disclosure are all that’s left of the post-Watergate campaign finance laws.”
Not Applicable “Loyola Law School’s Fidler Institute to Explore Terrorism, Cost of Justice” Lawdragon The Fidler Institute on Criminal Justice at Loyola Law School, Los Angeles will celebrate its 10th anniversary by exploring a range of significant legal developments inspired by headline-dominating subjects on Friday, April 8, 2016 at Loyola’s downtown LA campus. Judges, federal prosecutors, public defenders and private defense attorneys will come together to examine the transforming nature of terrorism as illustrated by the San Bernardino shootings; the use of technology to track convicted offenders; the wealth gap and legal representation; and the rise of consumer protection crimes as hot-button topics.
David Glazier “American ISIS Fighter Captured In Iraq” Daily Beast “If the U.S. wanted to criminally prosecute him, we’d have every right to ask Iraq or the Kurds to extradite him. But it’d be their sovereign right to decide,” David Glazier, a professor of Law at Loyola Law School, told The Daily Beast.
Jessica Levinson “Tobacco Industry's Threats: Provocative, But Legal” Capital Public Radio “I don’t think it rises to the level of extortion under the California penal code,” says Loyola Law School professor Jessica Levinson. “I think it’s frankly a really explicit version of what happens a lot in Sacramento and in state capitols and city halls throughout the country, which is lobbyists essentially very strongly flexing their muscle and saying, ’Look, if you don’t vote with me on this, here are what the consequences will be.’“
Samuel H. Pillsbury “Pillsbury on Homicides of Black Victims" CrimProf Blog Samuel H. Pillsbury (Loyola Law School Los Angeles) has posted Black Lives Matter: Reviewing Jill Leovy, Ghettoside: A True Story of Murder in America (Spiegel & Grau 2015) (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: This essay reviewing a work of journalism about the investigation and prosecution of criminal homicide in South Los Angeles considers the author's argument that serious shortcomings in the police investigation of homicides with black victims contributes significantly to high rates of violence in the black community. The essay touches on the emotional toll of homicide, tensions between detectives and patrol officers in homicide investigations, qualities of the most effective detectives, differential resources given to homicide cases according to location of offense and data on homicide clearance rates in the United States.
Jessica Levinson “Legislative Records: Not So Public" Associated Press Government transparency laws like those allowing public access to records allow citizens to keep an eye on their government, ensuring politicians are keeping their promises, and deter corruption, said Jessica Levinson, a professor at Loyola Law School who serves as president of the Los Angeles Ethics Commission."When people know that they're going to have to tell the public what they're doing, or how they're getting and spending money, or how they're spending their time, then they may think twice before engaging in questionable behavior," Levinson said.
Alexandra Natapoff “DA Criminal Informant Safeguard Rarely Used in Clark County, Records Suggest” Las Vegas Review-Journal Alexandra Natapoff, an associate dean at Loyola Law School who studies the use of informants, said more and more attention is being paid around the country on prosecutors and handling of informants.“It is becoming increasingly clear how risky and problematic the use of informants is. We rely heavily — and in some cases exclusively — on prosecutors to make sure the system doesn’t lose its way when it compensates criminals for testimony,” Natapoff said. “Prosecutors need to turn over information on informants to the defense not just because it is constitutionally required but so the adversarial system can do its job.”
David Glazier “Will the U.S. Get Back into the Detainee Business?” KCRW-FM’s “Press Play” Professor David Glazier speaks to KCRW’s “To the Point” regarding U.S. detainee policy in light of the news U.S. forces captured and interrogated an ISIS leader in the last month.
Simona Grossi “The Apple/FBI Case: Freedom, Security, and Judicial Decision-making” Huffington Post Professor Simona Grossi assessed the U.S. government’s most recent filing opposing an Apple motion.
[Excerpt] No doubt, this case raises several constitutional issues: a somewhat novel free-speech argument that would treat the forced creation of software as unconstitutionally compelled speech; a potential breach of the free expression and privacy rights of users of Apple products; and the due process problem generating by dragooning a private entity into the government service without specific statutory authorization to do so. And, of course, lurking in the background is the serious national security interests of the United States, including the nation's obligation to protect its citizens from terrorist attacks.
Michael Waterstone “Waterstone: Senate Should Consider Supreme Court Pick” Clarion-Ledger Professor Michael Waterstone writes an op-ed on Senate Republicans’ announcement that they will refuse to consider a Supreme Court nominee. [Excerpt] The Senate Republican leadership has made it clear it does not intend to hold hearings or schedule any votes on any Supreme Court nominee put forward by President Barack Obama. The rationale they have offered is that in an election year, the people should have the opportunity to decide this important question. I believe this position is wrong, different than what has been done before and will create harmful consequences to an institution that is so important to our country.
Jessica Levinson “Court Decision Puts Candidate Contribution Limits at Risk” San Francisco Chronicle "If the court were to strike down direct limits under the new standard, that, I think, would be quite a big deal," said Jessica Levinson, a professor at Loyola Law School in Los Angeles and a campaign finance expert. "Direct contribution limits and disclosure are all that's left of the post-Watergate campaign finance laws."
Jessica Levinson “FBI-APPLE: It's the Law's Turn Thursday in International Legal Saga” Press Enterprise “Apple is arguing that this case is much more significant than it may have seen when Judge Pym first looked at it,” Professor Simona Grossi said in an email Wednesday, March 9. “There is no literal change in the facts or law, but there is a change in the way the question is now presented, requiring deeper reflection on the consequences of what may have appeared to be a rather simple order in a unique case.”
Simona Grossi “Why Marco Rubio & John Kasich Are Still Hanging On” Refinery 29 “They're not quite flatlining, but it’s time for the defibrillator,” Jessica Levinson, an expert on election law and professor at Loyola Law School, said. So why are they holding on?
Emeritus Gideon Kanner “Along Comes Donald the Conqueror” Los Angeles Daily Journal What issues are prompting the American people to support Donald Trump for president? Professor Emeritus Gideon Kanner counts the way [Excerpt] Much has been said lately about Donald Trump's presidential campaign that is rolling on in spite of his aggressively crude, in-your-face political rhetoric. But from his point of view, he is only seizing an opportunity handed to him on a silver platter. You could say that after seething with anger at the excesses of the political establishment for years, and after being repeatedly lied to by politicians (e.g., "read my lips" and "you can keep your doctor"), the people are angered to a point where they no longer listen to the familiar political babble. America is still the place to live, but trouble is brewing.
Aaron Caplan “NJ Transit's Proposed Ad Ban Raising Eyebrows” The Record Many of those cases were appealed to federal courts, where indecision reigns, said Aaron Caplan, a law professor who specializes in First Amendment issues at Loyola Law School in Los Angeles. Some courts, including the 9th Circuit in the West, have granted transit agencies broad discretion over when to restrict speech, said David L. Hudson Jr., a First Amendment expert at Vanderbilt University Law School.
Simona Grossi “Grossi on Formalism, Pragmatism, and Pleading” Legal Theory Blog Simona Grossi (Loyola Law School Los Angeles) has posted The Claim Prism on SSRN:
The years 1848 and 1938 were landmark years in the history of American procedural law. The first marked the advent of code pleading, and the second introduced the Federal Rules of Civil Procedure. Both developments were a product of reform movements that addressed what the reformers believed to be a procedural crisis generated by the inefficacy of the procedural system under attack….
Not Applicable “The Top 50 Go-To Law Schools” National Law Journal Loyola Law School, Los Angeles is ranked No. 47 on the list of the top 50 schools that “sent the highest percentage of 2015 graduates to the largest 100 law firms.”
Laurie Levenson “OJ Simpson Case: How Knife Discovery Puts Burden of Proof on LAPD Again” The Guardian “More people watched the OJ preliminary hearing than watched the Gulf war coverage,” said Laurie Levenson, a professor at Loyola Law School who served as legal analyst for CBS during the gavel-to-gavel televised trial.“It was unprecedented,” Levenson added. “It contributed to the growth of cable’s 24-hour news cycle. It was celebrity. The characters were fascinating. It was a whodunnit. It was the beginning of DNA. There were other high-profile cases. But this one had a life of its own.”
Lauren Willis “Get Ready to Be Told: You Don’t Know Money” Wall Street Journal “Nobody blames me for not understanding how my car works,” says Lauren Willis, a professor of consumer law and policy at Loyola Law School in Los Angeles. Prof. Willis, who works with the FoolProof Foundation, an educational organization that seeks to train investors in what she calls “consumer self-defense,” argues that instead of conditioning consumers for a predatory market that they can’t navigate on their own, the market itself should be restructured.
Paula Mitchell “Who's on Death Row? No Napans” Napa Valley Register A death penalty prosecution costs up to 20 times as much as a life-without-parole case, according to a study by U.S. Court of Appeals Judge Arthur L. Alarcon and Loyola Law School Professor Paula M. Mitchell. Jury selection alone runs three to four weeks longer and costs $200,000 more than in life-without-parole cases, reported the study.
David Glazier “Closing Guantánamo: Before You Accuse Congress, Take a Look at Your Administration” Just Security Professor David Glazier writes an op-ed on the closing of Guantánamo and questions that must be answered during this process. [Excerpt] The more things change, the more they stay the same. The President continues to call for the closure of Guantánamo. Congress continues to oppose it. The facility remains open. While President Obama seeks to portray Congress as the villain behind his failed campaign pledge to close Guantánamo, there is plenty of blame to go around and good reason to assign it at both ends of Pennsylvania Avenue.
Jessica Levinson “The Five Advantages of Daylight Saving Time" Sacramento Bee Professor Jessica Levinson writes an op-ed against Assemblyman Kansen Chu’s proposal to abolish daylight saving time. [Excerpt] For those who find it onerous to change their clocks twice each calendar year, I offer a simple solution – let us remain, always, on daylight saving time. There is much to say on this topic, but as our lawmakers consider Chu’s depressing proposal, I would simply urge them to pick light over darkness.
Sean Scott “Mounting Debt for Students of Color Should Concern Us All" Los Angeles Daily News & Los Angeles Newspaper Group-affiliated papers Senior Associate Dean Sean Scott argues in an op-ed that mounting student debt among people of color has larger societal concerns. [Excerpt] The argument is that loan repayment obligations are so substantial and onerous they prevent graduates from accumulating enough money to invest in things such as homes, purchase consumer goods such as cars, and precludes them from starting businesses. This, alone, is worrisome. But to this concern I add the corollary that having insufficient disposable cash prevents these graduates from actually accumulating wealth, and this should be a focus of concern for us all. The crushing student debt burden, and the inability to accumulate wealth, will have an even more heightened negative impact on graduates of color.
Laurie Levenson “Law Professor: O.J. Simpson is ‘the Case that Never Ends,” CBS News "It's remarkable. I mean, this is the case that never ends," law professor Laurie Levenson told CBS News. Levenson covered the Simpson trial and said the knife is a fascinating development -- but of little legal significance.
Laurie Levenson “O.J. Simpson ‘Dream Team’ Lawyer Calls Knife Discovery ‘Ridiculous” Los Angeles Daily News People are into O.J. again, Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles and a former federal prosecutor, said Friday. “We’ve blurred the lines of reality and TV crimes,” Levenson said. “People are dying to solve the O.J. mystery and they always will.”
Stan Goldman “Knife Discovered in O.J. Simpson Case” KCAL-TV Professor Stan Goldman assesses the prospects for new evidence found related to the O.J. Simpson case [Excerpt] “There’s no chance, even in a case involving murder, which has no statute of limitations, of retrying O.J. Simpson for this,” said Goldman.
Jessica Levinson “Jerry Brown’s Parole Measure and Politics at the California Supreme Court” KQED-FM’s California Report But Jessica Levinson, election law professor at Loyola Law School and president of the Los Angeles City Ethics Commission, isn’t so sure. “I think if the Supreme Court says that this is not a significant enough change to have to restart the clock, then it blows a pretty significant hole in the law and it really will allow for a number of big changes at the last minute,” Levinson said.
Laurie Levenson “LAPD Investigates Knife Purportedly Found at OJ Simpson Home" ABC News Loyola Law School professor Laurie Levenson, a former federal prosecutor who is a longtime observer of the Simpson case, agreed."If they were going to find this knife and make it useful in the murder trial they should have found it 20 years ago, and they didn't," she said. "It will just raise more questions about the incompetence of the investigation and probably lead to more books and more movies."
Jessica Levinson “Why should Millennials vote? The Supreme Court” San Francisco Chronicle Professor Jessica Levinson writes an op-ed on the why Millennials should vote. [Excerpt] Unlike presidents, Supreme Court justices have lifetime appointments. While a two-term president can serve for eight years, the judges the president appoints can serve for decades. The late Justice Antonin Scalia served on the Supreme Court for 30 years. It is hard to overstate the impact that one, let alone four, justices can have during their tenure on the court. Let us remember that when we head to the polls this November.
Jessica Levinson “Golfing, Tequila and Spa Treatments: These are the Gifts given to California Lawmakers in 2015” Los Angeles Times The size of some of the gifts received last year troubled Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission.“It's fair to ask public officials to forgo gifts over certain thresholds,” she said.
Dan Schechter “California Supreme Court Paves Way for Wrongful Foreclosure Lawsuits” KABC-AM’s Peter Tilden Show “We have the wrong party conducting the foreclosure. Somebody who didn’t own the mortgage then seeks to foreclose on somebody’s house,” Professor Dan Schechter said. “Then the borrower says, ‘Wait a minute, you had no authority to foreclose on my house.’ And the court said that she at least had standing to make that claim.”
Dan Schechter “California High Court Opens Door to Wrongful Foreclosure Suits" Los Angeles Times "People did sloppy things," said Dan Schechter, a professor at Loyola Law School. "It was amateur hour."
Priscilla Ocen ‘Incomplete’ and ‘Disingenuous’: Responses to Clinton’s Proposal for Dismantling School-to-Prison Pipeline” Reality Check “I think this proposal is Clinton’s attempt to be responsive to the demands of movement advocates and activists across the country who’ve been pressing both candidates on the Democratic side to respond to racial inequality, mass incarceration, and police violence,” Priscilla Ocen, an associate professor at Loyola Law School in Los Angeles, told RH Reality Check.
Jessica Levinson “Discord Between Public and Cudahy City Council Highlights Line Between Free Speech and Disrupting Government Business” KPCC-FM’s AirTalk Professor Jessica Levinson discusses the line between free speech and disruption of government businesses with AirTalk.
Not Applicable “Winners Of The 15th Annual Law Student Tax Challenge” TaxProfBlog Loyola Law School, Los Angeles students Alexander Bruin and William Dolan-Galaviz win 3rd place at the 15th Annual Law Student Tax Challenge. Nathalia Solis and Sevag Kechichian make it to the semi-finals.
Laurie Levenson “Scalia on Criminal Law: Unpredictable” National Law Journal Professor Laurie Levenson assesses the mark left on criminal justice jurisprudence by U.S. Supreme Court Associate Justice Antonin Scalia. [Excerpt] Yes, Justice Antonin Scalia was a conservative. And, yes, he was generally pro-law enforcement. But he was anything but a predictable vote for the prosecution. During his nearly four decades on the U.S. Supreme Court, Scalia left his own special mark on criminal procedure law.
Allan Ides “Fight Over Supreme Court Nomination Shapes Up in Presidential Race” KPCC-FM’s Take Two [Excerpt]
"He may feel a strong responsibility for doing that [and] that could well be the reason he spoke up," said Allan Ides, professor of law at Loyola Law School.
Lauren Willis “2016’s Best & Worst Cities at Money Management” Wallet Hub Professor Lauren Willis explains, “First, the term ‘credit worthy’ implies that a person with a lower score is somehow less ‘worthy,’ when the person might be a saint but born in a poor family in a community with poor schools and thus without a family wealth cushion or good job prospects. A credit score is not a measure of worthiness, it is a measure of the statistical likelihood that a person will repay a debt, based on the individual's financial statistics and past performance of millions of other people with similar financial statistics.”
Laurie Levenson “NY Judge: U.S. Can’t Make Apple Provide iPhone Data” The Sun [Excerpt]
Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles and a former federal prosecutor, called Orenstein’s ruling a “very big win” for Apple, at least in that jurisdiction.

February

Justin Levitt “Why Young People Should Care About Voter ID Laws” MTV.com Justin Levitt, a professor at Loyola Law School, tallied the numbers and found 31 instances of voter fraud that would have been stopped by an ID law between 2000 and 2014. Billions of votes were cast in that time period. Many of those instances, Levitt adds, may have just been mistakes or data errors, leaving even fewer cases where an ID would come in handy. Other types of voter fraud that might be invoked by those defending these laws — vote buying or coercion — wouldn’t be stopped by photo ID checks anyway.
Priscilla Ocen “Shackled While Pregnant” LMU magazine When Priscilla Ocen heard about handcuffs and chains being applied to pregnant prisoners being taken to and from hospitals, or in the process of giving birth, she couldn’t believe it. “It seemed so shocking that this was happening,” recalls Ocen, who was a civil rights lawyer in San Francisco at the time. “I spoke to some colleagues, who said, ‘This is standard practice.’ ”
Justin Levitt “Partisan Divisions Are Clear as Missouri Senate Takes up Voter ID” St. Louis Post-Dispatch [Excerpt]
Another researcher, Justin Levitt, at Loyola Law School in Los Angeles, counted only 31 credible cases out of more than 1 billion ballots cast between 2000 and 2014.
Sean Scott “Taylor Swift Is on Kesha’s Side, But Contract Law Is Not” The Wrap Kesha’s abuse allegations are folded into a civil complaint against Gottwald — who vehemently denies all of Kesha’s charges. Unfortunately for her case, contract law tends to heavily favor the producer, not the artist, Loyola Law School Associate Dean Sean Scott told The Wrap. “I don’t see how she’s going to win on the contract,” Scott said. “The challenge is that the harm she’s complaining of is not really a harm stemming from a breach of the contract. None of it is based in saying Sony has not fulfilled its obligations.”
Jessica Levinson “Clinton Backers Not Looking for a Fight at State Convention,” San Francisco Chronicle San Francisco Chronicle “My sense is that Hillary is not worried she’s going to lose the nomination to Bernie,” said Jessica Levinson, a political analyst who teaches at Loyola Law School in Los Angeles. “She is concerned, though, that his backers aren’t going to show up in November.”
Not Applicable “Jesuit Refugee Service/USA & Jesuit Law Schools Applaud Introduction of Fair Day in Court for Kids Act of 2016” Jesuit Refugee Service Jesuit Refugee Service/USA and 13 U.S.-based Jesuit law schools, including Loyola Law School, Los Angeles welcome the introduction of the Fair Day in Court for Kids Act of 2016, introduced by Senator Harry Reid (D-NV) in the Senate and Rep. Zoe Lofgren (D-CA) in the House of Representatives.
Jessica Levinson “California Playbook: Op-Ed of the Day” Politico [Excerpt]
OP-ED OF THE DAY -- Loyola Law School of L.A.’s Jessica Levinson: “If you’re going to be a single issue voter, make that issue the Supreme Court” -- via Pacific Standard: http://bit.ly/1LGfEpS
Stanley Goldman “3 Other Hacks FBI Could Use on Killer's iPhone Besides an Apple Key” USA Today Some have argued that the FBI would not want to actually take the chips apart to find code keys stored on them because it would also destroy the evidence. However there’s no legal reason to reject a method of data recovery because it would result in the destruction of the chip, as long as it didn't damage the data on the chip, said Stanley Goldman, a law professor and expert on criminal evidence at Loyola Law School in Los Angeles.
Justin Levitt “Fabricating Bogeymen” Emporia Gazette [Excerpt]
So how many instances of voter fraud have been stopped by these restrictions? According to Justin Levitt, a professor at Loyola Law School, not many. Levitt looked at general, special, municipal and primary elections from 2000 to 2014 and found 31 cases of voter fraud these restrictions would have prevented. Thirty-one incidents in a span of time which saw over one billion ballots cast.
Jessica Levinson “If You're Going to Be a Single-Issue Voter, Make That Issue the Supreme Court” Pacific Standard Professor Jessica Levinson advises voters: For important issues, consider how the next president might influence the makeup of the U.S. Supreme Court. [Excerpt]
Many people tell me they are "single-issue voters." They talk about abortion or immigration or education. As the next presidential election nears I would urge voters everywhere, if they're only going to focus on one issue, to make it the Supreme Court. Its members will ultimately decide all of those single issues.
Jessica Levinson “Former State Sen. Leland Yee To Be Sentenced in Corruption Case” Los Angeles Times [Excerpt]
The loss of lawmakers cost Senate Democrats a supermajority they had won two years earlier. It also tarnished the reputation of the Legislature as a whole, said Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission.
Laurie Levenson “Convicted Murderers Will Face More Hurdles Getting Parole, Court Rules” Los Angeles Daily Journal The ruling is bad news for prisoners but also highlights "a huge irony going on here," said Laurie L. Levenson, a criminal law specialist and professor at Loyola Law School. "You have the governor proposing changes in sentencing and parole that he thinks ... will reduce crowding in our prisons and then we have propositions that will certainly work in the other direction," Levenson said.
Gideon Kanner “An Asymmetric View of Border Fences” Los Angeles Daily Journal Professor Emeritus Gideon Kanner finds an eminent domain issue at play on the United States’ border with Mexico. [Excerpt] Once again, events "out there" have intruded into our parochial little world of land use and such, but on a grander scale. Behold the subject of border fences in general, and the pope's interest therein in particular. Actually, as is the case with just about everything, there is even an eminent domain angle to this. Uncle Sam has used the power of eminent domain to take land on the Mexican border to facilitate the construction of our border fence. Making things worse, our fence is so located that in places it cuts off some of the American soil, leaving it on the Mexican side of the divide, which tees off the Americans living there mightily, and rightly so.
Ellen P. Aprill “IRS Political Subdivision Proposal Could Be Controversial” Tax Notes Critics called for guidance to clarify the definition and to give people a chance to voice their opinions. In an article published by Tax Analysts several months after the technical advice memorandum came out, Ellen P. Aprill of Loyola Law School said such an "unprecedented and radical change" should be presented in a format allowing for public comment.
Eric G. Miller “We Absolutely Could Give Reparations to Black People. Here's How” Huffington Post Eric G. Miller, a professor at Loyola Law School, said the case for reparations starts with an honest accounting of the racism that black people have experienced. "Part of our history is our grandparents participating in these acts of terrible violence [against black people]," he said. "But people don't want to acknowledge the horror of what they engaged in."
Eric G. Miller “Here’s How The Government Could Close the Staggering Racial Wealth Gap” Huffington Post Eric G. Miller, a professor at Loyola Law School, told HuffPost that “targeted race-based distribution of resources are vital to break the cycle of racial subordination in this country.”
Elizabeth Pollman “Scalia's Pro-Business Legacy” The Atlantic Professor Elizabeth Pollman opines in an op-ed about how big business benefited -- often to the detriment of employees and consumers -- as a result of the jurisprudence of former U.S. Supreme Court Associate Justice Antonin Scalia. [Excerpt] Scalia’s corporate legacy extends beyond his jurisprudence that weakened the class action and tilted the balance of power against workers and consumers. Of course, not all of his opinions favored corporations and business interests, but like the Roberts Court generally, his track record was on the whole pro-business. He has been ranked one of the top 10 most pro-business justices in modern U.S. history.
Laurie Levenson “Feds Take on Apple Grandstanding Over Access to San Bernardino Terrorist’s iPhone” Long Beach Press-Telegram “I think these are very serious concerns. I have been worried by some of the publicity I’ve seen coming out of Apple,” said Laurie Levenson. “I think this is too important of an issue to just make politics out of it. It’s a tough issue. It’s a significant issue.”
Laurie Levenson “Supreme Court Confirmation Hearings More than Sport, Entertainment” Orange County Register Professor Laurie Levenson’s op-ed on the Supreme Court confirmation hearings.
[Excerpt]
A confirmation hearing gives the American public a glimpse into the issues that are likely to come before the court – separation of church and state, affirmative action, rights of labor unions, abortion rights, immigration, free speech, environmental programs and more.
Laurie Levenson “San Bernardino Shooting: Government vs. Apple Divided by Passion” Riverside Press-Enterprise “I hope, behind the scenes, the government is trying to work this out with Apple because time is of the essence, which is why they made this request – an ongoing terrorism investigation,” said Laurie Levenson, a professor at Loyola Law School in Los Angeles. “The one thing that does not serve the government’s interest is to have a protracted legal battle.”
Karl Manheim “iPhone War: Safety v. Privacy” Riverside Press-Enterprise “I think the FBI chose a good case to press their point," said Karl Manheim, a professor at Loyola Law School in Los Angeles who teaches technology and privacy issues and constitutional law.
Allan Ides “Will Scalia’s Death Spell Doom for McDonnell’s Appeal? Not Necessarily” Washington Post Allan Ides, a professor at Loyola Law School and former clerk for Justice Byron R. White, said that although there is the option of simply affirming the lower court’s ruling with a 4-to-4 decision, “this is a pretty big case. If it’s 4 to 4, I would think the court would put it off to the next term, with the hope a justice could be confirmed by then.”
Karl Manheim “In Apple's Legal Skirmish, Economics Mingles with Privacy and Security” Bloomberg Business Apple could not have said "yes" to a federal magistrate's request without "totally changing the eco-system of privacy in the U.S. and the world," said Karl Manheim, a law professor at Loyola Law School in Los Angeles.
Jessica Levinson “Clinton or Sanders? California Legislative Women's Caucus Split” Capital Public Radio “Is it a plus factor that Hillary Clinton is a woman? Is that something we take into account?“ Jessica Levinson asks. “Or do we simply take each candidate as they are, and whatever their gender is, it doesn’t matter? And it was, I think, awkward that it was playing out real-time that there was this kind of division in the caucus.”
Karl Manheim “In Apple’s Legal Skirmish, Economics Mingles with Privacy and Security” San Bernardino County Sun Apple could not have said “yes” to a federal magistrate’s request without “totally changing the eco-system of privacy in the U.S. and the world,” said Karl Manheim, a law professor at Loyola Law School in Los Angeles.
Jessica Levinson “County CEO Cashes Out $40,000 in Common Practice” Los Banos Enterprise Jessica Levinson, vice president of the Los Angeles Ethics Commission, said the sellbacks are not a question of ethics since they are outlined in contracts.
Laurie Levenson “Why the Criminal Defense Bar Will Miss Scalia” Bloomberg BNA Scalia didn't just vote reflexively for or against law enforcement, Laurie Levenson, a former federal prosecutor who teaches at Loyola Law School in Los Angeles, told Bloomberg BNA.“He had his principles and he stuck to them,” Levenson said.
Jessica Levenson “LA Ethics Commission OKs More Than $47,000 in Fines for Lobbying Violations” Los Angeles Times But Commission President Jessica Levinson has questioned whether the practice should be reexamined. “I’m not sure the starting point should always be 100%” of the maximum penalty, she said.
Jessica Levinson “Will Obama Look West to California For Supreme Court Nominee?” NBC News "Jerry Brown has appointed a crop of young intellectuals," said Jessica Levinson, a professor at Loyola Law School in Los Angeles. "These are people who have not necessarily had any trial experience. They're people who look like they're federal court-ready. And it's a group that are progressives, but there's no indication that they're as far to the left as Scalia is to the right," Levinson said. "It makes sense that when you are thinking about how to diversify the court, you're potentially tapping into California's Supreme Court."
Laurie Levenson “Suspected ‘Grim Sleeper’ Serial Killer Goes on Trial” NBC Nightly News with Lester Holt “This case is one of those precedent setting cases in that they’re using what we call familial DNA to get to the defendant,” said Professor Laurie Levenson.
Jessica Levinson “Filling the Scalia Vacancy” KABC-AM’s Dr. Drew Midday Live with Mike Catherwood Professor Jessica Levinson discusses the potential routes to filling the U.S. Supreme Court vacancy left by Associate Justice Antonin Scalia.
Jessica Levinson “Kamala Harris Shoots Down U.S. Supreme Court Rumors” Santa Cruz Sentinel “None of them are flamethrowers,” said Jessica Levinson. “These are young people with impeccable pedigrees.”
Justin Levitt “How Will South Carolina's Voter ID Law Affect the Democratic Primary?” Pacific Standard To be clear, both Sanders and Clinton have railed against the sort of voting-rights laws that states like South Carolina and Texas have adopted in recent years. And with good reason: The voter fraud that Republicans trumpet to push these restriction doesn't even exist. In 2014, Loyola Law School professor Justin Levitt examined data on "specific, credible allegation[s]" of fraud for the Brennan Center for Justice to see if there was any truth to those claims; he found only 31 instances of actual fraud since 2001.
Justin Levitt “Last Week Tonight is Back: John Oliver Demolishes Voter ID Argument” Law Street Most importantly, Oliver pointed out that there’s really very little evidence to suggest that voter fraud is a problem. While estimates vary, multiple studies and surveys have come to same conclusion: voter fraud is so rare as to be negligible. In a large study conducted by Justin Levitt, a professor at the Loyola Law School, Los Angeles, only 31 cases of voter fraud were found from 2000-2014. That’s 31 cases, out of over a billion votes cast in that time period.
Jessica Levinson “After Justice Scalia's death: A Look at the Important Cases Still on the Supreme Court Docket” KPCC-FM’s Take Two Allan Ides, a former Supreme court clerk who also argued before Scalia as an attorney, is a professor of law at Loyola Law School. He joined the show to talk about how those cases may not play out
Allan Ides “2 Southern California Judges on Short-List for Potential Supreme Court Nominees” Los Angeles Daily News “They’re the combination of really good person and really smart judge,” Laurie Levenson said. “But right now, I don’t know how well it will play in the political arena. It seems to me what the Republicans want is no candidate or a conservative candidate.”
Stan Goldman "Antonin Scalia, Supreme Court Associate Justice, Dies at 79; Obama to Nominate Replacement" KTLA-TV Professor Stan Goldman assesses the impact on the U.S. Supreme Court of Associate Justice Antonin Scalia's passing.
Jessica Levinson “Supreme Court After Scalia” KCRW’s Press Play with Madeleine Brand Professor Jessica Levinson discusses the impact of Associate Justice Antonin Scalia’s death on the U.S. Supreme Court.
Laurie Levenson “Cliven Bundy Will Face a Federal Judge this Week on Charges Stemming from a 2014 Armed Standoff with Federal Officials Rounding Up Cattle Near His Nevada Ranch” Associated Press Laurie Levenson, a professor at Loyola Law School in Los Angeles, said there could be many behind-the-scenes reasons for the arrest. "Negotiations, investigations, safety concerns, administrative concerns," Levenson said. "There could be an ongoing investigation that could include a grand jury. They could have been waiting for the safest time, the most opportune time."
Justin Levitt “John Oliver's Glorious Takedown of Voter ID Laws” Vox Loyola Law School professor Justin Levitt has tracked credible allegations of in-person voter fraud for years, finding just 35 total credible allegations between 2000 and 2014 — when more than 800 million ballots were cast in national general elections, and hundreds of millions more were cast in primary, municipal, special, and other elections.
Laurie Levenson “Legal Eagles, Court Observers React To Justice Scalia’s Death” CBSLA.com “This is huge. Scalia has been such a dominant conservative force on the Court,” said Laurie Levenson, professor of law and David W. Burcham Chair of Ethical Advocacy at Loyola Law School. “There are big cases before the Court this term, including those affecting affirmative action and abortion. His voice was sure to have an impact on those cases.”
Laurie Levenson “Patient Strategy Pays Off for FBI in Ending Oregon Standoff” New York Times Like the others arrested, the four final occupiers are charged with conspiracy to impede federal employees, a felony that would cost them their right to carry guns if convicted. But that may not be the end of their legal trouble, said Laurie Levenson, a professor at Loyola Law School. She expected prosecutors to also bring charges such as theft of government resources or threatening federal officials "If they can convict them of a felony, they can disarm them," she said. "Given what has happened here, I can understand why that would be a priority."
Laurie Levenson Detox Facility Cries Foul Over Trial Procedure” Los Angeles Daily Journal Loyola Law School professor Laurie L. Levenson said she thinks the defense has an uphill battle on the motion to dismiss because a grand jury may still have found probable cause even if Samuels had given different jury instructions or not admitted hearsay in the evidence. She added that she doesn't think the prosecution's theory is far-fetched or unprecedented.
Jessica Levinson “Taking the Oath of Office Seriously to Fight Corruption in Southeast LA County” “Billionaire Ex-Clinton Ally Mum on Hillary in 2016” "Whether the bribe is $5 million or $5, the action is the same. You're saying: I'm in it for myself; I'm not in it to serve the public, and I'm willing to go around the rules and break the law," said Jessica Levinson, a Loyola Law School professor. "It leads to a general dissatisfaction of government."
Jessica Levinson “Billionaire Ex-Clinton Ally Mum on Hillary in 2016" CNBC "At this point, it's not automatic that his money or connections would be going to Hillary," said Jessica Levinson, a professor at Loyola Law School and vice president of the Los Angeles Ethics Commission.
Not Applicable “From Wrongfully Locked Up For 34 Years To Millionaire: The Kash Register Story” Celebrity Net Worth Kash Delano Register won his freedom in 2013, after a group attorneys and students from Loyola Law School shed light on the dubious testimony of a key prosecution witness. Register's award is the largest individual settlement in Los Angeles' history.
Laurie Levenson “ABA Says Inmate-Lawyer E-Mails Should Be Shielded” Bloomberg BNA “Now that the ABA has weighed in, hopefully the Department of Justice and Bureau of Prisons will make this a priority,” Laurie Levenson, a former federal prosecutor who teaches at Loyola Law School in Los Angeles, told Bloomberg BNA.
Justin Levitt “Republicans Champion Voter ID Laws Absent Credible Evidence of Fraud” Al Jazeera America In 2007 the Brennan Center released a comprehensive study on voter fraud, which concluded: “It is more likely that an individual will be struck by lightning than that he will impersonate another voter at the polls.” The study’s author Justin Levitt is a Loyola Law professor currently serving as Deputy Assistant Attorney General in the Justice Department’s Civil Rights Division. In a follow-up examination of voter fraud allegations between 2000-2014 Levitt found just 31 credible allegations nationwide of in-person voter impersonation out of more than 1 billion ballots cast.
Maureen Johnson “Maureen Johnson’s Article in SSRN's Top Ten Download List” SSRN Prof. Maureen Johnson’s article You Had Me at Hello: Examining the Impact of Powerful Introductory Emotional Hooks Set Forth In Appellate Briefs Filed In Recent Hotly-Contested U.S. Supreme Court Decisions listed in top 10 on SSRN's Law & Rhetoric eJournal, Law Educator: Courses, Materials & Teaching eJournal and Legal Writing eJournal.
Michael Waterstone “Syracuse University lecture series to focus on disability laws, policies” The Daily Orange Other speakers for the series include Eric Rosenthal, executive director of Disability Rights International; Michael Waterstone, professor at Loyola Law School; Stephanie Ortoleva, president of Women Enabled International; Samuel Bagenstos, professor at the University of Michigan Law School; and Sagit Mor, teaching fellow at the University of Washington and assistant professor at the University of Haifa.
Aaron Ghirardelli “Ghirardelli introduced Cybersecurity and Data Privacy Law Program at Loyola Law School” Legal Monitor Worldwide In celebration of the recent Data Privacy Day, Professor Aaron Ghirardelli, Director of the newly introduced Cybersecurity and Data Privacy Law program at Loyola Law School, Los Angeles discussed how to respond to privacy incidents....Senior Associate Dean Sean Scott, who created the program said, “Loyola is deeply connected to the legal and technological epicenter of Los Angeles. As such, we are uniquely positioned to equip students with the skills needed to help clients with the complex legal demands of the evolving technological landscape.”
Laurie Levenson “2015 Record Year for Exonerations" Los Angeles Daily Journal "I think we know that we continue to find flaws in the system, including both innocent and intentional mistakes by prosecutors," said Laurie Levenson, professor of law. "As prosecutors become more open to wrongful conviction claims and some conviction integrity units even assist in uncovering them, we are able to address more past injustices. Of course, the goal is to prevent future ones as well."
Jessica Levinson “LA Councilman Unboxes Documents Marked for Shredder by Predecessor” KPCC-FM Jessica Levinson, the Ethics Commission president and a Loyola Law School professor, said it's unclear if there were any violations in this particular case. She pointed at the city code that states destruction of original records requires written consent from the city attorney and the approval of the City Council.
Jessica Levinson “L.A. City Councilman David Ryu Releases Old Files from Councilman Tom LaBonge” Los Angeles Daily News Unless otherwise ordered, state law requires government agencies to retain documents for two years unless there are duplicates, said Jessica Levinson, a professor at Loyola Law School. She also serves as president of the Los Angeles Ethics Commission, but wasn’t commenting in her capacity in that role.
Alexandra Natapoff “Va. Murder Trial May Become Part of National Debate on Jail Informants” Washington Post Now, “we understand the full scope of just how problematic criminal informants can be,” said Alexandra Natapoff, a professor at Loyola Law School in Los Angeles.
Justin Levitt “New Evidence That Voter ID Laws ‘Skew Democracy’ in Favor of White Republicans” Washington Post Voter fraud is, for all intents and purposes, practically nonexistent. The best available research on the topic, by Loyola Law School professor Justin Levitt, found only 31 credible incidents of voter impersonation in an investigation of over 1 billion votes cast.
Priscilla Ocen ‘Gynnya! Wake Up!’ In-Custody Death of Black Teen Triggers Fresh Concerns for Detained Juveniles” RH Reality “McMillen’s case tells us what we’ve known for quite some time—that Black women and girls are targets of state violence,” Priscilla Ocen, co-author of a recent report on the overpolicing of Black girls, told RH Reality Check in a phone interview. Pointing to the disproportionate rate at which Black girls are punished and policed in their own schools—in some instances making them six times more likely to be suspended than their white counterparts—Ocen noted that Black girls are thus more vulnerable to detention.
Sam Greenberg ’10 “Crafting a Constitutional Marijuana Tax” The Tax Lawyer Adjunct Professor Sam Greenberg ’10’s article on crafting marijuana tax law is published in The Tax Lawyer.
Marijuana legalization and decriminalization have become important policy issues. Twenty-three states have partially legalized marijuana (generally for medicinal purposes), and four—Alaska, Colorado, Oregon, and Washington—have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market due to widespread legalization,states might enjoy budgetary windfalls from collecting marijuana taxes.
Aaron Ghirardelli “Loyola Law School Programs to Highlight Data Privacy” Homeland Security Today Presenting at an event co-sponsored with Morrison & Foerster and the International Association of Privacy Professionals, Professor Aaron Ghirardelli discussed the vital steps required to recover from a data breach. The Professor also introduced Loyola’s new Cybersecurity and Data Privacy Law degree offerings.
Dan Schechter “California Supreme Court Ruling is an Important Win for Homeowners” Mandelman Matters This week, Professor Dan Schechter of Loyola Law School, who was involved in the drafting of proposed amendments to clarify earlier versions of the statute, writing for his Commercial Finance Newsletter, published each week on Westlaw, had the following to say about the net effect of the decision…“Given the enactment of §580e and the ‘reformatting’ of §580b, I do not think that this opinion will have a major impact in future litigation over the application of §580b, since new §580b and §580e now occupy the field.”
Not Applicable “Tax Prof Tour And Dinner At ABA Tax Section Midyear Meeting In Los Angeles” TaxProf Blog Here is a photo of Tax Profs at the Frank Gehry Tour of Loyola-L.A. Law School and Dinner on January 29 (during the ABA Tax Section Midyear meeting in Los Angeles).
Laurie Levenson “Cosby's Lawyers Want Sexual Assault Case Tossed” Associated Press Laurie Levenson, a criminal law professor at Loyola Law School in Los Angeles, said Cosby no longer enjoys the celebrity appeal that might sway a jury. “His reputation has already been tarnished, so I doubt that jurors would be inclined to believe him just because of his prior image,” she said in September. She said the judge in the case will have to decide whether to allow other accusers to testify or whether that would be too prejudicial.
Aaron Ghiradelli “Education and Networking with the Los Angeles KNet on Data Privacy Day 2016” International Association of Privacy Professionals News Titled, “Your Tabletop Exercise: Applying the Steps of an Incident Response Plan,” the second panel – which consisted of a Loyola Law School professor, attorney and forensic investigator – ran through scenarios ranging from hacker ransom demands to data theft; the audience and panel then discussed options and best practices for dealing with those scenarios. “We want to give practical knowledge,” noted Professor Aaron Ghiradelli, the panel moderator, as he started the exercise.
Laurie Levenson "Assessing 'The People v. O.J. Simpson' Miniseries" KPCC-FM's Take Two “It was a phenomenon, not just in LA, not just in the United States, but internationally. It was wall-to-wall coverage. The networks never break into soap operas, and they were breaking into soap operas for this trial,” said Professor Laurie Levenson at Loyola Law School, Los Angeles of the O.J. Simpson trial for the murders of Nicole Brown Simpson and Ronald Goldman. "It really was a soap opera. People did what they had to do – mind game and otherwise – to win this case.”
Jessica Levinson “Iowa Caucuses and the Dems” KNBC-TV’s News Conference Finally, the voting starts in the 2016 political campaign season. Jessica Levinson of Loyola Law School and Dan Schnur of the Jesse Unruh Institute of Politics at USC talk about the impact of the Iowa caucuses. with host Conan Nolan.
Gregg Kettles “Day Trippin': Find Bargain Treasures at Southwest Missouri's largest indoor garage sale” Lake News Online The tough economic times facing Americans over the past several years have made garage sales more popular than ever. Gregg Kettles, a [former] professor at Loyola Law School in Los Angeles who studies consumers and outdoor commerce was quoted in the New York Times saying that, “This is the perfect storm for garage sales. We’re still feeling the effects of coming off a 20-year boom in which consumers filled ever-bigger houses. Now people need cash because of the bust.” Naturally, when more sellers dig deeper for items to sell, the bargains and treasures available to buyers are better than ever.
Laurie Levenson “Brown's Parole Plan Would Likely Reduce Prosecutors' Plea-Bargain Leverage, Experts Say” Los Angeles Times Loyola Law School professor Laurie Levenson said the governor's proposal shows how far the pendulum has swung, beginning with recent successful ballot measures to reduce some felonies to misdemeanors and revise the three-strikes sentencing law. "We're back to the future," she said. "It is like we periodically try new things in California — many to make the criminal justice system harsher, and we realize it isn't really solving anything. Then we go back to some version of a prior approach."
Laurie Levenson “Violence in Sports Treated Differently” Indianapolis Star It “has to go way beyond unsportsmanlike conduct," Laurie Levenson, a former federal prosecutor who teaches at Loyola Law School in Los Angeles, told the Associated Press. "We wouldn’t want to have the criminal justice system handling all these cases. It wouldn’t have time to do anything else.”

January

Christopher Hawthorne “Gov. Brown Introduces Ballot Measure to Roll Back State Mandatory Sentencing” KPCC-FM’s AirTalk Professor Christopher Hawthorne speaks to AirTalk on Gov. Brown's ballot measure seeking to shift the decision to judges on sentencing juveniles as adults and ease some inmate's pathway to parole.
Laurie Levenson “Gov. Brown to Seek November Ballot Initiative to Relax Mandatory Prison Sentences” Los Angeles Times Loyola Law professor Laurie Levenson, a former federal prosecutor, said the proposal would make a judge's sentence only a starting point. “People could be released from prison years earlier based on what the parole board wants to do,” she said.
Laurie Levenson “Gov. Brown's Initiative to Reduce Prison Population Would Free Nonviolent Felons Earlier” KNBC-TV "Some people will be alarmed and ask, 'Aren't we taking a risk by letting people out of prison before they've served all their time?' And that is a risk," said Laurie Levenson, a Loyola Law School professor and former federal prosecutor. "But I think the governor is willing to make it because we can't put everyone in our prisons anymore."
Alexandra Natapoff “Washington bill targets credibility of informants' testimony” Associated Press States have started taking a harder look at the concerns posed when jailhouse snitches stand to gain by providing information about cellmates or other defendants, though Washington would be the first to require pretrial reliability assessments in any case where such testimony is used. Nevada's Supreme Court has long required such assessments in capital cases, as did Illinois before it abolished the death penalty, said Alexandra Natapoff, a professor at Loyola Law School, Los Angeles.
Jessica Levinson “City Hall Bribery Case ‘a Political Danger’ for Mayor Lee” San Francisco Chronicle “Giving (Lee) the benefit of the doubt, it has absolutely nothing to do with him,” said Jessica Levinson, a Loyola Law School professor and president of the Los Angeles Ethics Commission.
Kathleen Kim “Immigration Article of the Day: Beyond Coercion by Kathleen Kim” ImmigrationProf Blog Professor Kathleen Kim’s article “Beyond Coercion” selected as Jan. 25, 2016 article of the day.
Alexandra Natapoff “Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal” CrimProf Blog Professor Alexandra Natapoff’s article "Negotiating Accuracy: DNA in the Age of Plea Bargaining listed in the top 10 downloads.
Georgene Vairo “Little Rock Attorney Challenges Settlement” Class Action Reporter "Because if they were confident that the federal judge would approve the settlement, why are they going to state court?" said Georgene Vairo, a professor at Loyola Law School at Los Angeles and author of "The Complete CAFA: Analysis & Developments Under the Class Action Fairness Act of 2005."
Jessica Levinson “Despite Appellate Ruling, Alarcóns Could Face Another Trial” Los Angeles Daily News If Lacey seeks another trial, it’ll be largely for symbolic reasons, said Jessica Levinson, a professor at Loyola Law School and president of the Los Angeles Ethics Commission.
Not Applicable “Media Advisory: Leading Experts Host Data Privacy Day Event for Los Angeles Area Businesses” Virtual-Strategy Magazine To mark the eighth anniversary of Data Privacy Day, please join Morrison & Foerster, the International Association of Privacy Professionals, the National Cyber Security Alliance, Loyola Law School, Los Angeles, and our guests for our Data Privacy Day event in Los Angeles. Privacy and cybersecurity luminaries will discuss the fundamental issues facing businesses today and will provide practical, actionable answers on many critical topics. Examples of what they will cover include how to detect a cyber intrusion, best practices for an incident response plan, how to manage the latest cybersecurity regulatory updates, and why a privacy team is a new competitive differentiator.
Cesare Romano “Hot Practice Areas for JDs: Opportunities Still Abound in International Law” The National Jurist “It means the selective minority of people who are committed [to an international lifestyle] have an interest that is not fleeting. They have greater chances of eventually succeeding in their search for a job,” said Professor Cesare Romano, who runs the International Human Rights Clinic at Loyola Law School, Los Angeles
Kathleen Kim “Kim on Free Labor Rights & Undocumented Workers” Legal Theory Blog Professor Kathleen Kim (Loyola Law School, Los Angeles) has posted “Beyond Coercion” (62 UCLA Law Review 1558 (2015)) on SSRN.
Not Applicable “Leading Experts Host Data Privacy Day Event for Los Angeles Area Businesses” Virtual-Strategy Magazine To mark the eighth anniversary of Data Privacy Day, please join Morrison & Foerster, the International Association of Privacy Professionals, the National Cyber Security Alliance, Loyola Law School, Los Angeles, and our guests for our Data Privacy Day event in Los Angeles. Privacy and cybersecurity luminaries will discuss the fundamental issues facing businesses today and will provide practical, actionable answers on many critical topics.
Laurie Levenson “LA City Council Approves $24.3 Million Payouts for Wrongful Convictions” KNBC-TV Laurie Levenson of Loyola Law School's Project for the Innocent, who successfully proved Register's innocence in 2013, told City News Service that 34 1/2 years is "one of the longest" terms she has seen anyone spend in prison before being exonerated.
Not Applicable “Los Angeles to Pay $24 Million to 2 Men Wrongly Convicted of Murder” The Week On Tuesday, the Los Angeles City Council agreed to pay the money in order to settle lawsuits from Kash Delano Register and Bruce Lisker, who both spent decades in prison. Register was freed in 2013, and his lawyers said the $16.7 million he will receive is the largest settlement in an individual civil rights case in the city's history, the Los Angeles Times reports. In his case, lawyers and students from Loyola Law School challenged the testimony of a prosecution witness. Lisker, who spent 26 years in custody after being convicted of killing his 66-year-old mother in 1985, was released from prison in 2009 after the Times investigated his case. He will receive $7.6 million.
Not Applicable “L.A. to Pay $24 Million to Two Men Imprisoned for Decades after Wrongful Murder Convictions” Los Angeles Times Kash Delano Register, who won his freedom in 2013 after lawyers and students from Loyola Law School cast doubt on the testimony of a key prosecution witness, will receive $16.7 million — the largest settlement in an individual civil rights case in the city’s history, his attorneys said. Bruce Lisker, who was released from prison in 2009 after a Times investigation into his conviction, will get $7.6 million.
Laurie Levenson “LA City Council Approves $24.3 Million Payout For Wrongful Murder Convictions” KCAL-TV Laurie Levenson said she thinks the settlement “will change (Register’s) life. Perhaps he won’t have to work the evening and weekend shifts, now that he’s in his mid-50s; perhaps his mother, who is in her 80s, won’t have to work multiple jobs; and perhaps they can move out of their very small apartment into their own home.”
Jessica Levinson “Palin Endorses Trump For President” KCAL-TV Professor Jessica Levinson speaks to Serene Branson regarding former Alaska governor and vice presidential candidate puts her political clout behind GOP frontrunner.
Jessica Levinson “Palin Endorses Trump in Iowa Appearance” KABC-AM’s “The Drive Home with Jillian Barberie & John Phillips” Professor Jessica Levinson analyzes the impact of the high-profile presidential endorsement.
Laurie Levenson “City Council Considers Payouts in Wrongful Convictions for Killings in Sherman Oaks, West LA” Los Angeles Daily News Laurie Levenson, an attorney with Loyola Law School’s Project for the Innocent who successfully proved Register’s innocence in 2013, told City News Service that 34 1/2 years is “one of the longest” terms she has seen anyone spend in prison before being exonerated.
Justin Hughes “Yosemite Name Changes Make for an Ugly Mood” Los Angeles Times “I would be surprised if the National Park Service and the Justice Department didn’t litigate it all the way to the end,” said [Justin] Hughes, a professor at Loyola Law School in Los Angeles. “There’s a little bit of an emotional and sentimental loss, but those hotels are classic places that people want to go to when they visit Yosemite.”
Jessica Levinson “California Lawmakers Show Up Friday For 'Per Diem Day'” Capital Public Radio The off-day session is colloquially known as “Per Diem Day." Loyola Law School political ethics professor Jessica Levinson questions the practice. "I completely understand everyone wants to make sure they’re compensated for their time, but whenever lawmakers are paid, it’s our money," says Levinson. "When you see them playing calendar tricks, it feels like lawmakers are really just trying to make sure they collect some extra tax dollars."
Laurie Levenson “7th Annual Conference of District Court of the V.I. Set for Jan. 19” St. Thomas Source Highlights of the program will include presentations by respected members of the legal community: Theodore A. McKee, chief judge of the Third Circuit Court of Appeals; Prof. Erwin Chemerinsky, Constitutional scholar and dean of the University of California Law School; Prof. Laurie L. Levenson, ethics expert from Loyola Law School; and Prof. Cynthia Jones, criminal law and evidence scholar of American University College of Law.
Laurie Levenson “Pressure on DA Lacey to File Charges against LAPD Officer” KCRW-FM’s Which Way, LA? Professor Laurie Levenson assesses the possibility for charges to be filed against an LAPD officer involved in the death of a suspect.
Justin Levitt “Morning Wrap: A Flurry of Personnel Announcements” Legal Times Voting Cases: The U.S. Justice Department has brought in Justin Levitt of the Loyola Law School in Los Angeles to serve as a deputy assistant attorney general in the Civil Rights Division, The Washington Post reports. He’s there to focus on voting rights cases.
Robert Benson “Revoke ExxonMobil's Corporate Charter for Climate Destruction and Cover-Up” Huffington Post In September 1998, a coalition of 150 environmental and human rights organizations petitioned California Attorney General Dan Lundgren to revoke the corporate charter of Union Oil Co. of California (Unocal) due to violations of state and international law in the construction of a natural gas pipeline in partnership with Myanmar's (formerly Burma) military dictatorship. The petition was filed by Loyola Law School professor Robert Benson and other attorneys for the International Law Project for Human, Economic and Environmental Defense (HEED), a project of the National Lawyers Guild.
Bryan Hull “Twelve ‘Golden Rules’ Offered for Small Business Owners” Times-Standard “When you go from consumer to running your own small business, you are now in the big leagues of legal and financial responsibility,” observes Bryan Hull, Professor of Law at Loyola Law School, Los Angeles.
Justin Levitt “For Government’s Top Lawyer on Voting Rights, Presidential Election Has Already Begun” Washington Post Loyola Law School, Los Angeles professor Justin Levitt has begun serving as the deputy assistant attorney general in the civil rights division at a critical time, with Justice lawyers litigating several voting rights cases across the country. Levitt will hold the position, which does not require Senate confirmation, until next January.
Jessica Levinson “Why Do Iowa and New Hampshire Voters Get to Have All the Fun?” KCRW.com “Some level of success in Iowa and New Hampshire is all but necessary to progress in the presidential nomination process. Resounding defeat in these states is often the death knell for presidential hopefuls. Yet the voters of both states do not represent the voters of the country. They are, among other things, older and whiter. The voters of more diverse states like California, Texas, and Arizona should not be afterthoughts,” says Professor Jessica Levinson.
Paula Mitchell “On Death Penalty, Is This the Company We Want to Keep?” Raleigh News & Observer “The death penalty has cost cash-strapped California $4 billion since 1978, according to a study by Judge Arthur Alarcon of the 9th U.S. Circuit Court and associate Paula Mitchell.”
Laurie Levenson “Stunning Helmet Cam Video Goes Inside Firefight to Recapture 'El Chapo” NBC Nightly News “It’s not at all clear that Sean Penn violated any American laws by this interview. It may not have been particularly ethical, but it wasn’t necessarily illegal,” said Professor Laurie Levenson.
Laurie Levenson “City Hires Dan Webb to Review Law Department” Crain’s Chicago Business “Eyebrows will be raised” given that it is Patton who has selected the law firm to review the department, said Laurie Levenson, a legal ethics professor at Loyola Law School Los Angeles and co-author of a critical report on the Orange County district attorney's office released last week. “In the best of all worlds, you would want someone else to make the selection to make it as objective as possible, but sometimes, practically, that can't happen,” she said. “So it's going to put an extra burden on this firm. They're going to be under the microscope.”
Jessica Levinson “Ballot Selfies Are Illegal, But This Bay Area Legislator Says They Shouldn't Be" Los Angeles Times Jessica Levinson, president of the Los Angeles City Ethics Commission and a clinical law professor at Loyola Law School, says while she agrees the law is problematic in the digital age, changing it might have the unintended consequence of making it easier for organizations or employers to pressure voters. “An employer could say, ‘Oh, we’re all voting for this today, really looking forward to seeing your ballot on Facebook later,’” Levinson said.
Stan Goldman “Next Steps After Chief Beck Recommends Criminal Charges for LAPD Cop in Fatal Venice Shooting” KPCC-FM’s AirTalk “What matters to the law isn’t if the officer was right or wrong, but that he behaved reasonably given the circumstances,” said Professor Stan Goldman.
Laurie Levenson “Did Sean Penn Do Anything Wrong in Meeting with Fugitive Joaquin 'El Chapo' Guzman?” Los Angeles Times Laurie Levenson, a Loyola Law School professor and former federal prosecutor, compared Penn's legal situation to those of the journalists who conducted interviews with Edward Snowden, a former National Security Agency contractor charged with violating the Espionage Act for leaking secret documents. Making false statements on a government form while traveling-- or lying to investigators, regardless of intent -- could result in charges of lying to a federal agent, Levenson said. But not telling authorities about a meeting with an interview subject, even a fugitive, isn't against the law, she said.
Laurie Levenson “Mexico Formally Launches Process to Extradite 'El Chapo' to U.S.” Al Jazeera Laurie Levenson, a Loyola Law School professor and former federal prosecutor, compared Penn's legal situation to those of the journalists who conducted interviews with Edward Snowden, the former National Security Agency contractor who leaked documents. Meeting with an interview subject is not against the law. “We don’t have a duty — necessarily — to help the government,” Levenson told the newspaper. “You just can’t get in the way.”
Jennifer Rothman “Will Supreme Court Tackle 1st Amendment Issue in Madden NFL Litigation?” ARS Technica "Such lack of uniformity profoundly endangers free speech, and the creative industries that depend on the First Amendment’s guarantees," Jennifer Rothman, a Loyola Law School scholar, and Eugene Volokh, a University of California, Los Angeles legal scholar, wrote the court on behalf of 20 intellectual property scholars. "This state of uncertainty is especially dangerous not for major enterprises such as Electronic Arts, but for smaller authors and publishers that lack the money to litigate such cases (even when their First Amendment defense is very strong)."
Theodore P. Seto “Complaint Against Thomas Jefferson Over Job Numbers is Going to Trial” Los Angeles Daily Journal Loyola Law School Professor Theodore P. Seto said California judges have been much friendlier to these types of cases than members of the judiciary in other states.
Jessica Levinson “Did LA Pass Its First Big El Niño Test?” KCRW-FM’s Which Way, LA? Professor Jessica Levinson discusses an LA County's Civil Grand Jury report that says preparations for the first El Niño storm were “unconscionable and grossly inadequate” with KCRW’s Which Way L.A.?
Jessica Levinson “Validity and Reach of Surrogacy Contracts” KABC-AM’s Dr. Drew MIdday Live with Mike Catherwood “This case is going to be at the forefront of legal issues,” said Professor Jessica Levinson about actress Sherri Shepherd challenging a ruling naming her as mother of a child born through a surrogacy arrangement.
Laurie Levenson “Man Accused of Helping San Bernardino Shooters Pleads Not Guilty” NPR’s Morning Edition Laurie Levenson: “There might be an opportunity for the defense to try to get a look at classified information. And then that will be a big battle with what the prosecutors will or will not turn over in terms of national security.”
Bryan Hull “Credit Card Swiping Machine Lease Scam and Contract Law” Times-Standard Online “It is important for mom and pop — small business owners — to understand that when you sign a commercial contract, in most instances it is enforceable and will be enforced against you,” observes Bryan Hull, Professor of Law at Loyola Law School, Los Angeles.
Laurie Levenson “Militants In Oregon Are Pretty Sure They Won't Be Punished” Huffington Post “It’s a fine balance for federal authorities, in that they want to deter conduct like this but they don’t want to make these people into martyrs or heroes,” said Laurie Levenson, a former federal prosecutor who is now a professor at Loyola Law School.
Alexandra Natapoff “Orange County DA Informant Scandal” KCRW’s Press Play with Madeleine Brand “The report also made clear that they only scratched the surface of the story in this case because they lacked subpoena power. In other words, they were stuck with the public record and statements that people were willing to make to them voluntarily,” said Professor Alexandra Natapoff. “When we do finally have an independent investigation of the Orange County situation, we will find out just how far up the chain of command that information went.”
Jessica Levinson “Court Greenlights Citizens United Ballot Question” KQED-FM’s California Report But Loyola Law School professor Jessica Levinson says the decision is limited. “What we have here is the majority treading the middle ground, saying the Legislature can put nonbinding questions, advisory measures, on the ballot if there’s some connection between the question and legislative activity,” she says.
Laurie Levenson “Scathing Report Faults Orange County DA Office for 'Failure of Leadership'” KABC-TV Members of the committee were mostly hand-selected by Tony Rackauckas [’71] and include Jim Smith, a retired Orange County Superior Court judge; Patrick Dixon, a retired Los Angeles County assistant district attorney; Robert Gerard, former Orange County Bar Association president and Blithe Leece, an attorney who specializes in legal ethics. Loyola Law School professor and ethics expert Laurie Levenson served as an adviser. The committee’s report is available online.
Laurie Levenson “‘A Failure of Leadership’ in DA’s Office, Panel Finds” Voice of OC The panel included: Robert Gerard, a former president of the Orange County Bar Association; Retired Superior Court Judge James L. Smith; Patrick Dickson, a former assistant district attorney in Los Angeles; Blithe C. Leece, a defense attorney in Encino; and Laurie L. Levenson of Loyola Law School in Los Angeles.
Laurie Levenson “After Scathing Report by Panel He Selected, OC DA Tony Rackauckas Says He's Staying Put” Orange County Register The five-member panel includes Jim Smith, a retired Orange County Superior Court judge; Patrick Dixon, a retired Los Angeles County assistant district attorney; Robert Gerard, former Orange County Bar Association president; and Blithe Leece, an attorney who specializes in legal ethics and professional responsibility. Laurie Levenson, a Loyola Law School professor and ethics expert, served as an adviser.
Not Applicable “Loyola to Host Tax Prof Dinner at ABA Tax Section Midyear Meeting in Los Angeles” TaxProfBlog Tax Professors attending the ABA Tax Section Midyear Meeting in Los Angeles are invited to a dinner at Loyola Law School on Friday, Jan. 29 from 6:00-8:00 p.m.
Laurie Levenson “LA Accusations Against Bill Cosby Could Figure in Pennsylvania Prosecution” Los Angeles Times Laurie Levenson, a Loyola Law School professor and former federal prosecutor, said authorities on both sides of the country may have compared cases to see who has the better hand in pressing criminal charges.
Alexandra Natapoff “Accountability Questions Dog D.A. Tony Rackauckas and O.C.'s Justice System” Orange County Register Available evidence so far suggests that the Orange County district attorney, operating with nearly unchecked power, and motivated to obtain convictions, lacked the political will or the bureaucratic mechanisms to protect the rights of jail inmates awaiting trial, said Alexandra Natapoff, a Loyola Law School professor and author of the book, “Snitching: Criminal Informants and the Erosion of American Justice.”
Jessica Levinson “Departing LA County Probation Chief Set to Receive Nearly $295,000 Severance” Los Angeles Times “When you decide to become a public employee, you give up some of your privacy interests,” said Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission.
Laurie Levenson “Chloe Goins' Case Against Bill Cosby Still Pending” KABC-TV Former federal prosecutor Laurie Levenson said after his arraignment Wednesday, the Hollywood actor will likely be tight-lipped.
"It could lead Bill Cosby to start taking the Fifth Amendment and not giving any information at all," she said.
Not Applicable “Lisker Chronicles: Bruce Gives Back” LA Observed Lisker was talking about that day when visiting a class of law students this past November at Loyola Law School downtown, invited by their professor, Chris Hawthorne, who runs the Juvenile Innocence and Fair Sentencing Clinic at Loyola. Hawthorne had introduced Bruce as someone who can speak firsthand about the mistakes that our system of justice sometimes makes with juveniles, an important lesson for young law students to learn.
Adam Zimmerman “Veterans Fight for Power to Bring Class-Action Lawsuits Over Benefits” Wall Street Journal An amicus brief co-authored by Professor Adam Zimmerman is referenced in a Wall Street Journal story about Monk v. McDonald, a case turning on veterans’ abilities to bring class action lawsuits to fight grievances. The brief advances arguments Zimmerman and a co-author advance in the law review article, “The Agency Class Action.”
Victor J. Gold “Law School Deans Find Support for Innovation” Los Angeles Daily Journal Victor J. Gold, who served as dean of Loyola Law School from 2009 until earlier this year, agreed that law school leaders have greater support for reforms and must pursue them because of financial realities. "You can't just be complacent and do things the way they have always been done," he said.
Aaron H. Caplan “Courts Hand Setbacks to Abortion Foes” Los Angeles Daily Journal There's not a lot of certainty about how the regulation of speech in a professional context should be evaluated, said Aaron H. Caplan, a professor at Loyola Law School. Though no U.S. Supreme Court decision has directly addressed the issue, the historical regulation of lawyers' and doctors' speech suggests the ruling would probably be upheld, he said.
Jessica Levinson “D.A.'s Office Can Try to Oust Carson Mayor from Water Board, Attorney General Says” Los Angeles Times Jessica Levinson, a clinical law professor at Loyola Law School who serves on the Los Angeles Ethics Commission, said the attorney general's office typically grants permission to allow such suits to proceed. The office "clearly found Robles' arguments to be less than compelling," Levinson said
Eric J. Miller “Miller on Police Encounters with Race & Gender” Legal Theory Blog Eric J. Miller (Loyola Law School Los Angeles) has posted “Police Encounters with Race and Gender” (5 University of California Irvine Law Review 735 (2015)) on SSRN.
Hiro Aragaki “Aragaki on DirecTV v. Imburgia” Indisputably FOI Hiro Aragaki (Loyola-Los Angeles) adds to the voices (Jill, Imre Szalai) commenting on the Supreme Court’s most recent thoughts on the FAA, DirecTV v. Imburgia. The real import of the idea that arbitration agreements should be placed on the same footing as other contracts (which was first expressed as something of an afterthought in a House Report from 1924 on the bill that would eventually become the FAA) is that an arbitration agreement should not be regulated in a certain way just because it is an arbitration agreement—the same way that a woman or an Asian American should not be subject to certain restrictions just because of her gender or race. There must, in other words, be a good, status-independent reason for a particular restriction in order for us to feel confident that it is not born of a knee-jerk hostility to that status and reflects instead a valid need for regulation.
Laurie Levenson “San Bernardino Shooting: Enrique Marquez May Have Few Bargaining Chips” Riverside Press-Enterprise Marquez “sort of gives the example of the everyman who could become a terrorist,” said Laurie Levenson, a professor at Loyola Law School in Los Angeles. She worked for eight years as a trial and appellate attorney for the U.S. Attorney’s office in Los Angeles.