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 

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.