Faculty in the News

Selected faculty quotes and stories about the Law School in recent media

Long Beach Press Telegram (Dec. 10, 2003): State officials have proposed shortening the public review period so that Gov. Arnold Schwarzenegger's budget plan can appear on the March 2 primary ballot. The normal deadline for the measure to be reviewed by the public has already passed. "I don't think there's necessarily a legal risk (to shortening the public review period) although in this newly judicialized political world I'm never surprised when somebody brings a lawsuit," said Elizabeth Garrett, a USC law professor and election law expert.

San Bernardino Sun (Dec. 10, 2003): Although the strike by grocery workers in Southern California continues to drag on, employees have the sympathy of many shoppers. "I think supporters range from those who will honor any picket line to those who feel it's the right thing to do to take their business elsewhere," USC Law Professor Catherine Fisk said.

Los Angeles Times (Dec. 9, 2003): A Hollywood stunt woman has filed a libel suit against Gov. Arnold Schwarzenegger for suggesting to the media that she had a criminal record. Erwin Chemerinsky, a USC constitutional law professor, said for a defamation suit, Rhonda Miller - "clearly a private figure" - has to prove that false information was published and that the people who published it "were at least negligent in what they did and that it harmed her reputation."

Honolulu Advertiser (Dec. 7, 2003): The successful effort by Hawaiian Airlines bankruptcy trustee Josh Gotbaum last week to become an officer and employee has bankruptcy scholars perplexed. "The ability of a trustee to also become an officer of a company in bankruptcy, at least on the surface, would appear to compromise his or her ability to be impartial," said Eric Talley, a USC corporate law professor. "There is reason to exercise caution in deciding to allow a bankruptcy trustee to take on such a personal relationship with the company they are charged with restructuring."

Los Angeles Times (Dec. 2, 2003): A tied race for a seat on the Culver City board of education prompted a runoff, which was decided by a game of chance - picking marbles out of a paper bag. USC Law Professor Elizabeth Garrett said this was a fair way to avoid a long runoff process. "The people's voices have been heard," she said. "There has to be some kind of finality. This is fair because each person has an equal shot."

CBS Evening News (Nov. 27, 2003): Convicted murderer Rosario Munoz has been given a Thanksgiving parole by Gov. Arnold Schwarzenegger, the second such person freed during the governor's first two weeks. Recalled Gov. Gray Davis paroled just eight people convicted of murder during his five years in office out of the nearly 300 recommended for release. Davis had twice rejected Munoz, who, like many of those recommended for release, was a battered wife, a mother of three who killed her husband's mistress in 1987 before battered women's syndrome was an accepted defense. "They get to a point where they seriously believe and reasonably believe that their husbands are going to eventually kill them," said USC Law Professor Michael Brennan.

Agence France Press (Nov. 26, 2003): With his proposal to California's legislature, Republican Gov. Arnold Schwarzenegger seeks to cut half the sum - $1.9 billion - from this year's budget, and the other half from the 2004-2005 budget. "I wouldn't expect that this proposal will be passed without changes," said Elizabeth Garrett of USC Law. "He needs a majority of two-thirds - a super majority vote" - a tall order since both houses have a majority of Democrats, she said.

Business Week (Nov. 24, 2003): Kirk Kerkorian has filed suit against DaimlerChrysler, alleging that as a shareholder, he was misled about the benefits of Chrysler's merger with German automaker Daimler-Benz. Kerkorian, who sold most of his 44 million shares as the stock was falling, still must show he was damaged by relying on promises made in the proxy, says USC Law Professor Eric Talley.

Los Angeles Times (Nov. 22, 2003): Three founders of a Brea herbal company have plea bargained for lesser criminal charges of fraud, even as the county continues to press civil suits against them. USC Law Professor Jean Rosenbluth said the government has a better chance of recovering more money from defendants in a civil proceeding than in a criminal proceeding, where the burden of proof is much heavier and defendants can't always be forced to forfeit the proceeds of criminal activity.

Baltimore Sun (Nov. 22, 2003) Reacting to news of the Massachusetts high court's ruling striking down a ban on same-sex marriage benefits, USC Law Professor David Cruz said the fight for gay marriage would likely take place state by state. "If Massachusetts falls in line with Vermont, it's just the second state to adopt civil unions," Cruz said. He was also interviewed on this topic by the (Riverside) Press Enterprise and the ABA Journal.

Newsday (Nov. 22, 2003): Michael Jackson met the boy he allegedly molested through a program for underprivileged children. Michael J. Brennan, a criminal defense expert and clinical professor of law at USC, said Jackson's attorney will likely seek to use that very hardship as a way to discredit the child and the child's family. "It's the basis to argue to the jury that [the child's] accusations are a result of other stresses in his life," Brennan said.

Wall Street Journal (Nov. 21, 2003): Professor Edward McCaffery published an essay making the case against the so-called death tax. The article came out of a speech that he gave on the economics of the estate tax at the U.S. Treasury several weeks ago. Also, McCaffery's support of a consumption tax was mentioned in a story by Robert S. McIntyre, director of the Citizens for Tax Justice, in the December issue of American Prospect.

Hollywood Reporter (Nov. 19, 2003): Prosecutors would ideally need an admission or physical evidence to prove that private investigator Anthony Pellicano was instructed by any of his employers to conduct illegal wiretaps on entertainment industry figures, legal experts said. The scrutiny in the investigation has fallen on attorneys like Bert Fields, who hired Pellicano as an investigator. "Obviously, if someone ordered that, they would also be criminally responsible as an accomplice or as a conspirator," USC Law Professor Erwin Chemerinsky said.

New York Times (Nov. 18, 2003): USC law professor Edward McCaffery commented on a proposal by the Bush administration to simplify the tax code and revive earlier ideas for savings plans. "Eighty percent of Americans don't have any saving, and these accounts wouldn't do anything for them," he said.

Los Angeles Times (Nov. 18, 2003): The California Supreme Court has agreed to review an appellate ruling that would hold Disneyland to the same "common carrier" passenger safety rules that apply to operators of buses, trains and other forms of transportation. "If the court thinks of common carrier as a category, it's more likely to lean toward amusement parks as a form of entertainment, not an important public service," said USC Law Professor Greg Keating.

Christian Science Monitor (Nov. 17, 2003): Some observers say Gov. Arnold Schwarzenegger has maintained much of the momentum from his Oct. 7 election win, and that this position - as well as his moderate ideals - gives him a unique opportunity to reshape the state. "Schwarzenegger is so far following through on one of his biggest pledges to be bipartisan and inclusive," says Elizabeth Garrett, a professor of law at USC. "He has not yet come out with lots of policy but he is handling himself well ... with California and national leaders with whom he must eventually work."

Los Angeles Daily Journal (Nov. 12, 2003): USC Law Professor Catherine Fisk published an op-ed discussing the nomination of Los Angeles Superior Court Judge Carolyn Kuhl to the 9th U.S. Circuit Court of Appeals. Calling Kuhl a "very dangerous judge," Fisk said "her distortion of her own past suggests that she might be willing to ignore precedent, distort the record and use the cases before her as a vehicle for advancing her extreme legal views."

Cox News Service (Nov. 13, 2003): Aides to Gov. Arnold Schwarzenegger have said if the legislators don't act, he may try to get two-thirds of them to approve the issue as a referendum item not unlike the one that got him elected. That's where the superstar popularity with voters that Schwarzenegger exploited so well on the campaign trail could come in handy, said Elizabeth Garrett, a USC professor of law and politics. "Based on his popularity, his ability to get money and ... his mandate from voters, ... he has a threat point with the legislature that Davis never had," Garrett said.

San Bernardino Sun (Nov. 7, 2003): Contrary to claims made by Gov.-elect Arnold Schwarzenegger's aides, legal experts said that Attorney General Bill Lockyer, a Democrat, did not break attorney-client privilege when he made public his discussions with Schwarzenegger, a Republican, about allegations he groped 16 women over three decades. Beth Garrett, a professor at USC Law, agreed that Lockyer is not Schwarzenegger's attorney and said a Democratic elected official is not the person Schwarzenegger should seek legal advice from anyway.

Los Angeles Times (Nov. 7, 2003): Gov.-elect Arnold Schwarzenegger has announced that he plans to hire a private investigator to look into groping allegations made against him. Speaking about Schwarzenegger's claim of attorney-client privilege with Attorney General Bill Lockyer, USC Law Professor Erwin Chemerinsky said: "It's clear under the law that what Lockyer, as attorney general, says to Arnold Schwarzenegger as governor-elect about his personal potential liability is not protected by the attorney privilege."

Los Angeles Times (Nov. 6, 2003): The jury in the trial of the alleged killers of a Glendale high school student have been deliberating for eight days on six charges. "If the jury hangs, and it seems this jury might, it would go in the defendant's favor and it might be retried," USC Law Professor Dan Simon said. "California criminal code is very arcane and very difficult to apply because it's arcane in its language and conceptually unclear. In close cases, which this one seems to be, it isn't surprising that conscientious jurors are confused."

Indianapolis Star Tribune (Oct. 30, 2003): USC Law Professor Susan Estrich wrote a column about her weekly "Fox News Live" sparring partner's decision to travel to Iraq as a civilian employee of the Defense Department. "Rich [Galen]'s new job is to 'help see that the full story of what the U.S. is accomplishing and what the Iraqis are accomplishing in Iraq is being told to viewers, listeners and readers in America and around the world,' " Estrich wrote. "Galen is a member of the school of civil discourse, the believers in honesty and integrity, one of those old-fashioned guys who respects God and country, and puts his life on the line when called."

Sacramento Bee (Oct. 22, 2003): Scholars and political figures, including Attorney General Bill Lockyer, met at the USC Law to discuss a bill proposed by Assemblyman Mark Ridley-Thomas to reform California's recall procedures. "This (recall) process seems to be flawed in so many ways," said USC Law Professor Erwin Chemerinsky, one of the panelists. "It was far too easy to get the recall on the ballot. It was far too easy for people to qualify to be candidates."

Los Angeles Times (Oct. 18, 2003): USC Law Professor George Lefcoe says that the new Playa Vista development is "probably the largest and best example" of smart growth in Los Angeles.

San Francisco Chronicle (Oct. 17, 2003): Jean Rosenbluth, a former federal prosecutor who teaches law at USC, said San Francisco District Attorney Terence Hallinan's conviction rate may be low because he is taking on tough cases that are not guaranteed wins. "Some prosecutors only go on easy cases," Rosenbluth said. "There are others that believe very strongly that you should put on the difficult cases, even though they may have factors that will make getting a conviction difficult."

MSN's Money Central (Oct. 17, 2003): USC Law Professor Edward McCaffery says that the U.S. tax system is outdated and hurts two-income families. "The United States tax system is a product of the 1930s and 1940s," McCaffery said. "At that time the single-earner model was the norm for families - men worked outside the home and women worked inside it. Tax policy decisions favored and rewarded this arrangement and made it difficult to be a two-earner family. Over time those biases have gotten worse."

Los Angeles Times (Oct. 15, 2003): USC Law Professor Erwin Chemerinsky says in an op-ed that the "under God" phrase in the Pledge of Allegiance is clearly unconstitutional. "The place for religious declarations, including a belief in God, is in our hearts, our homes and our places of worship - but not in official public school activities," he wrote.

Christian Science Monitor (Oct. 14, 2003): USC Law Professor Elizabeth Garrett says that Arnold Schwarzenegger waged a successful recall campaign by running as a "reformer who would stand for what all the people wanted."

Los Angeles Times (Oct. 11, 2003): Susan Estrich, who managed Michael Dukakis' presidential campaign, has been appointed to Gov.-elect Arnold Schwarzenegger's transition team. The group has a number of other high-profile Democrats, including L.A. Mayor James Hahn and San Francisco Mayor Willie Brown.

CBS News (Sept. 22, 2003): USC Law Professor Elizabeth Garrett spoke to Larry Mantle about the decision by an 11-member panel of the 9th U.S. Circuit Court of Appeals to reconsider an earlier panel's ruling that delays the California recall election until March. She also gave expert opinion on this topic to numerous other media outlets, including KCRW-FM's "To the Point," KPCC-FM's "AirTalk," the Los Angeles Daily News, the Long Beach Press Telegram, the Pasadena Star News and Agence France-Press. The larger panel "seems to be composed of more moderate and less liberal judges" than the earlier three-judge panel, Garrett said. "Generally, they are more conservative in terms of politics and judicial ideology than the original panel."

San Diego Union-Tribune (Sept. 19, 2003): Professor Erwin Chemerinsky of USC Law was quoted in a story about today's expected court decision on the recall election. Chemersinky, who is on the ACLU team that is leading the legal effort to delay the election, said: "The principals of equal protection involved here aren't supported by just liberals, conservatives, Democrats or Republicans. Seven justices on the Supreme Court in Bush vs. Gore believed there was a violation of equal protection." Chemerinsky also spoke on this issue with CNN, the Los Angeles Daily News, the San Jose Mercury News and the San Francisco Chronicle.

Washington Post (September 17, 2003): The "reversal rate" of decisions by the 9th U.S. Circuit Court of Appeals is about the same as other appellate courts around the nation, contrary to news reports, says USC Law Professor Erwin Chemerinsky. "It's absolutely diverse ideologically, and its reversal rate is right at the national average," he said. "For every liberal there is a very conservative judge. For every moderate liberal you can point to a moderate conservative. There is no consensus on the court, certainly no liberal consensus."

CBS Evening News (September 16, 2003): USC Law Professor Elizabeth Garrett discussed the probability of the Supreme Court overturning the 9th U.S. Circuit Court of Appeals decision to hold off California's recall election. "I just don't think that the Supreme Court wants to revisit the issues of Bush vs. Gore," she said. "I don't think they want to become involved in another controversial election." Garrett was also quoted by numerous other media outlets on the recall, including KPCC-FM, ABC and Agence France Press.

Los Angeles Times (September 16, 2003): In an op-ed, USC Law Professor Erwin Chemerinsky writes that the 9th U.S. Circuit Court of Appeals acted correctly when it decided to postpone California's recall election. "In 1964, the Supreme Court declared that '[t]he right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restriction on that right strikes at the heart of representative government,'" Chemerinsky wrote. "On Monday, the 9th Circuit, in an act of courage, followed that lead and the law, properly ordering a delay in the election until voting machines are in place that will equally count every ballot."

Los Angeles Daily News (September 16, 2003): Elizabeth Garrett, a professor of law and politics at USC, said the 9th U.S. Circuit Court of Appeals decision to postpone California's recall election was clearly written with the Supreme Court's decision in Bush v. Gore in mind. Garrett said it will be more difficult to overturn the panel's decision - which relied on the Supreme Court's own reasoning - but sustaining the panel would strengthen Bush v. Gore as the law of the land, throwing into turmoil election procedures throughout the country. "They're trying to make this as hard for the Supreme Court as possible," Garrett said. "They say this is exactly the same problem as in Florida. It is the same kind of equal protection claimâ€¦If I were on the Supreme Court, I wouldn't take the case."

Fox News (September 15, 2003): USC Law Professor Susan Estrich spoke about the 9th U.S. Circuit Court of Appeal's decision on the California recall election. "The court quotes liberally from theSupreme Court decision in Bush v. Gore, as well as from Supreme Court cases about one person, one vote, in the hopes, I think, of convincing readers, as well as the high court, that what they are doing here is no more than applying settled law that demands equality in voting."

Los Angeles Times (September 14, 2003): Gray Davis is far from popular. But with the recall campaign at its midway point, a substantial portion of Californians - perhaps enough to save the governor's career - appear to have come around to the argument that the effort to oust him violates basic standards of fair play. The opposition reprises many of the arguments made against the impeachment of President Clinton. "That's really what a recall is, it's an impeachment," said USC Law Professor Erwin Chemerinsky, who helped draft a proposed constitutional amendment that would revise California's recall statute.

Associated Press (September 11, 2003): Defense Secretary Donald H. Rumsfeld says most suspected terrorists at a U.S. prison camp in Cuba will probably be detained for the course of the global war on terrorism rather than face trial. That sparked criticism from lawyers who said U.S. legal tradition insists on a transparent and open judicial process. "It's outrageous,'' said USC Law Professor Erwin Chemerinsky. "There are no signs that the war on terrorism is nearing an end, so the government is saying it can hold people indefinitely and likely for the rest of their lives without complying with the requirements of international law."

Newsday (September 6, 2003): In an essay, USC Law Professor Mary L. Dudziak considers Sept. 11's evolving legacy. "Was this a day when we all changed?" Dudziak wrote. "Was this a marker between two eras? Whether or not we have truly crossed a threshold to a new moment in history, it would be best to consider the past in light as well as in shadow, in critical awareness as well as in mourning."

Copley News Service (August 30, 2003): A federal judge has refused to delay the state recall election until March. "If this stands, 40,000 votes cast in the election won't be tabulated," said USC Law Professor Erwin Chemerinsky, who is working with the ACLU on the complaint. And with so many candidates on the ballot, Chemerinsky said, 40,000 votes could decide the winner.

CNN (August 26, 2003): The proposed recall of Governor Gray Davis is not the only item on the Oct. 7 ballot. Voters will also consider Proposition 54, the so-called racial privacy initiative. USC Law Professor Elizabeth Garrett said Proposition 54 is a problem for candidates who try to claim the middle ground. "People like Schwarzenegger are going to try to either remain quiet or not take a position on Proposition 54, because, no matter which way they go, they're going to antagonize some people they hope will vote for them."

The Record (August 13, 2003): Small, shoulder-launched antiaircraft missiles can be as destructive as they are easy to use. "This is a frightening proposition," said Edwin Smith, a law professor at USC. "There is not much a regular commercial aircraft can do about it. The World Trade Center was not hit with weapons of mass destruction. There is a very large number of conventional weapons all around the former Soviet Union that are not as protected as the U.S. would like."

The Christian Science Monitor (August 12, 2003): California's recall election is reminiscent of an earlier time in the state's history when citizens used recalls more frequently. "If you think about Arnold Schwarzenegger's campaign, when he talked about special interests and how he'll clean house, that's a very progressive-sounding agenda," said Elizabeth Garrett, a law professor at USC. "That's what direct democracy was designed to do. It would take government back from the special interests."

The Washington Times (August 10, 2003): At the American Bar Association's annual meeting, Supreme Court Justice Anthony M. Kennedy proposed a repeal of mandatory minimum sentences and mercy for those serving them, just five months after he cast the deciding vote to allow California to give petty thieves 50 years to life under its three strikes law. "I just find it hard to reconcile what he's saying with his decisive vote for the conclusion that it's not cruel and unusual punishment to put a person in prison for life where the individual never committed a violent felony," said USC Llaw Professor Erwin Chemerinsky.

San Francisco Chronicle (Aug. 6, 2003): The state Supreme Court's potential role in determining the next governor of California raises the same concerns that began after the 2000 presidential election. "But these (recall) issues are so unprecedented for this court," said Erwin Chemerinsky, a USC law professor. "That it's very difficult to predict what they'll do."

The New York Times (Aug. 3, 2003): The judge in the rape trial of Kobe Bryant ordered that the accuser's name not to be released, but the details that have already been released have made anonymity almost irrelevant. "The reality is, the law can only protect you so much," said Susan Estrich, a USC law professor. "When you've got a high-profile defendant in a highly competitive news environment and the Internet era, you're not going to get any protection."

NPR's "Day to Day" (Aug. 1, 2003): USC Law Professor David Cruz was interviewed comparing the gay rights movement to that of the civil rights movement. "Since at least the 1950s there was a self-conscious community sense on the part of gay and lesbian people and a sense that there were rights that were properly owed, but that were being denied by government," Cruz said.

Ventura County Star (August 1, 2003): Two African-American men have filed a lawsuit after they were allegedly racially discriminated against and accused of shoplifting in an outlet store. USC Law Professor Jody Armour said it's not uncommon for African-Americans to be followed around by security guards once they enter a store, a practice so common that there is even a term for it: sprouting a shadow. "It shows how ubiquitous the phenomenon of racial profiling is," he said. "It is usually thought of in terms with the police, but it happens much more often in private establishments."

Los Angeles Times (July 31, 2003): In an op-ed, USC Law Professor Erwin Chemerinsky wrote that the timing of the Racial Privacy Initiative â€” which will be on the Oct. 7 recall ballot â€” "is a legal mistake and a policy mistake as well" because special elections and recall elections are provided for in entirely different sections of the Constitution and the Elections Code.

San Jose Mercury News (July 30, 2003): Rape victims' identities should be shielded, said USC Law Professor Susan Estrich in a story about the Kobe Bryant case. "Obviously, this woman's privacy is not being respected," Estrich said of the victim. "But is she better for not having her name in every single newspaper in the country? Probably."

ABC News (July 26, 2003): Elizabeth Garrett, a USC law professor, was interviewed on the "Nightly News" program about the likelihood that Democrats would enter the race for governor if Gov. Gray Davis looks weak, despite the party's preference that no Democrats run. "We've got two weeks for people to think about this," Garrett said. "And if Davis looks weak, Democrats may jump into the race, notwithstanding what the party wants them to do."

The Criminal Law Journal (Spring 2003): Jean Rosenbluth, a USC law professor and director of its Lawyering Skills Program, authored an article about how to write an effective appellate brief, demonstrating how a carefully written statement of the issues can frame the matter in the manner that lawyers wish the court to consider them.

Ventura County Star (July 24, 2003): Elizabeth Garrett, a USC law professor, said the pending recall of Gov. Gray Davis is uncharted territory for the state. She believes that the California Supreme Court may have to interpret the rules for a recall election.

Los Angeles Times (July 22, 2003): A high-profile Los Angeles athlete is accused of a heinous crime that is incongruent with his wholesome, impeccable image, wrote USC Law Professor Erwin Chemerinsky in an op-ed. Even though the public has no idea as to the evidence in the case, he wrote, people already are making judgments about what happened, and the media is fueling this speculation. In the weeks and months ahead, reporters have a duty to do better covering the Kobe Bryant case than they did a decade ago covering O.J. Simpson's.

Los Angeles Times (July 22, 2003): USC law professor and constitutional law expert Erwin Chemerinsky will be on a 10-member panel led by civil rights lawyer Constance L. Rice. The panel will examine the institutional failures of the LAPD in its handling of the Rampart scandal.

Los Angeles Times (July 22, 2003): USC Law Professor Erwin Chemerinsky wrote an op-ed about how "the media have the duty to do better covering the Kobe Bryant case that it did a decade ago covering O.J. Simpson'sâ€¦For months to come, the news will be filled with stories about the legal proceedings against Bryant. What people think of the legal system, and their understanding of how it handles rape cases, will be shaped by the media's coverage. Let's hope that the last trial of the century can help improve the media's handling of this one."

New York Times (July 21, 2003): With shrinking budgets and growing duties, police departments are turning to nonprofit foundations to solicit donations, but critics question whether the practice of mixing private money and police work subverts the usual government protections against favoritism and conflicts of interest. "When the police foundation goes out and buys things on its own, or hires consultants on its own, all of those protections are not followed," said Erwin Chemerinsky, a USC law professor.

Riverside Press-Enterprise (July 21, 2003): Eric Talley, a USC law professor and the director of the Center for Law, Economics and Organization, was quoted in a story about Parkview Community Hospital Medical Center employees who continue to have money deducted from their monthly paychecks for insurance but have no coverage to show for it. "This is a no-brainer violation of the ordinary tenets of business ethics," Talley said. "It's sort of a consummate shell game."

Los Angeles Times (July 19, 2003): USC Law Professor Susan Estrich, commenting on the media reaction to Los Angeles basketball player Kobe Bryant's sexual assault charges in Colorado, said, "One of the things that makes sexual-assault cases difficult is that the difference between sex and sexual assault turns on certain things that go on in private where there are no witnesses."

The Sacramento Bee (July 16, 2003): The effort to recall Gov. Gray Davis may reach the U.S. Supreme Court, with those opposed to the recall alleging that many of the petition signatures were collected by people not registered to vote, which violates the recall statute. "We are dealing with a First Amendment right, so any restriction has to pass constitutional scrutiny," said Elizabeth Garrett, a USC law professor. "There is no good reason to require petition circulators be registered to vote."

The Washington Times (July 16, 2003): Supporters of California Gov. Gray Davis took their case to the courts yesterday, opposing an effort to push an election to recall the unpopular Democratic governor. USC Law Professor Elizabeth Garrett said case law for recall elections is minimal. "We are in uncharted territory here," she said. "This is really a new day for California."

Orlando Sentinel (July 13, 2003): A Florida man expects to spend the rest of his life in prison for stealing $20 and striking an undercover police officer during an undercover drug buy. USC Law Professor Erwin Chemerinsky, who recently took a similar case to the U.S. Supreme Court, said the court's decision in his case makes it unlikely that cases such as the Florida man's will be overturned. "But it makes no rational sense to put a person in prison for life over $20," Chemerinsky said.

The Recorder (July 9, 2003): The Supreme Court decision overturning a Texas law prohibiting sodomy may be used as a gateway for other lawsuits fighting discrimination on the basis of sexual orientation. "By not narrowly focusing on the discriminatory aspect of Texas' law as (Justice Sandra Day) O'Connor did, and, instead, grounding Lawrence in a right of privacy enjoyed by everyone in America, the court self-consciously said 'We are going to write a broader opinion than is necessary,'" said David Cruz of USC Law School.

Fox News (July 9, 2003): USC Law Professor Susan Estrich appeared as a guest on Fox News discussing the proposed recall of California Gov. Gray Davis. "There's noise on the street about the fact that the statute says that everybody who collects signatures is supposed to be a registered voter and everybody knows in this state that you pay for signatures," Estrich said. "So there's talk about legal challenges."

Detroit Free Press (July 8, 2003): USC Law Professor Susan Estrich was featured in a list of real-life, high-profile blonde women who share some traits with bubbly blonde heroine Elle Woods in the movie "Legally Blonde 2."

The National Law Journal (July 7, 2003): In light of the Supreme Court's recent decision regarding Texas anti-sodomy laws, some gay rights litigators say a frontal assault on the military's "don't ask, don't tell" policy is unlikely. But USC Law Professor David Cruz believes that the case will come up when a gay service member challenges his or her exclusion under that policy. "Doctrinally, I think Lawrence removes some of the legs propping up that policy," he said. "The only way to defend the policy is the unit cohesion rationale-the presumed discomfort of heterosexual service members-and that sounds like moral disapprobation at best or moral antipathy to gay and lesbian people."

(Riverside) Press Enterprise (June 27, 2003): The Supreme Court deemed a California law unconstitutional because the government cannot retroactively erase statues of limitations to allow prosecutions of old crimes, according to Erwin Chemerinsky of USC Law. "A statute of limitations has no meaning if it can be extended retroactively," he said.

(Riverside) Press Enterprise (June 27, 2003): The Supreme Court ruling overturning a Texas sodomy law will be felt in California on issues such as gay adoptions and same-sex marriage, many legal scholars believe. "It is obviously of monumental significance to the lesbian, gay and bisexual community," said David B. Cruz, a USC law professor. "This ruling removes what some have called an albatross on the shoulders from the gay and lesbian movement."

Los Angeles Times (June 27, 2003): The Supreme Court's decision to absolve anti-sodomy laws has been hailed as a major victory for gays and lesbians, but the ruling leaves open questions regarding issues of same-sex marriage and the military's stance on homosexuality. USC Law Professor David Cruz said the decision puts the military's "don't ask, don't tell" policy on shaky ground. "This decision undermines all sorts of anti-gay discrimination, especially if it is cast in moral tones," he said.

Los Angeles Times (June 27, 2003): USC Law Professor Erwin Chemerinsky said the Supreme Court's ruling that California violated the Constitution when it revived criminal prosecutions in long-ago sexual abuse cases will have no impact on the scores of civil damage lawsuits brought against priests and Catholic dioceses in California.

KPCC's AirTalk (June 26, 2003): USC law professors Erwin Chemerinsky and David Cruz joined host Larry Mantle in a discussion about controversial rulings on gay rights and affirmative action recently handed down by the Supreme Court.

(Riverside) Press Enterprise (June 15, 2003): A law that passed last year allows female prisoners convicted prior to 1992 to petition the court to overturn their convictions on the grounds that battered women's syndrome was not used in their defense. But many eligible women may not have enough time to file their habeas corpus petitions by the 2005 deadline. USC's Post Conviction Justice Project has been working to find such women. "We haven't identified all of them yet," said Carrie Hempel, a clinical professor of law at USC. "We are just trying to interview the women who might be candidates and find them attorneys."

Washington Post (June 22, 2003): Jurors should be impartial to a case but they need not be entirely ignorant of the case, wrote USC Llaw Professor Charles Whitebread in a op-ed about jury selection in the trial of suspected Washington, D.C.-area sniper Lee Boyd Malvo. "The courts have long recognized that jurors can set aside what they might know about a case, and that it's preferable to have jurors who are tuned into the world around them than one who are hermits," he wrote. "The exclusion of informed and knowledgeable citizens from the sniper jury would do a disservice both to the prosecution and the defense."

Los Angeles Times (June 19, 2003): Two brothers are being charged under the Patriot Act for a remote-controlled pipe bomb that exploded near the campaign office of Rep. Loretta Sanchez. Many legal experts claim the charge illustrates how federal anti-terrorism laws are redefining terrorism and are giving the federal government more jurisdiction. "We're increasing the powers of the federal government in the law enforcement area, and we should be concerned about that," said USC Law Professor Erwin Chemerinsky. "There's nothing showing that state law has failed us [in this area]."

Fox News (June 19, 2003): USC Law Professor Susan Estrich appeared on Fox's "On the Record With Greta Van Susteren" show discussing a recent poll in support of President Bush's job performance. Estrich cautioned that a lot can happen between now and November 2004. "We may not find weapons of mass destruction between now and then," Estrich said. "So, by the time November comes rolling around, people may be much less forgiving than they are right now."

Time (June 30, 2003): Supreme Court Justice William Rehnquist has focused much on his tenure on curtailing essential freedoms, said Erwin Chemerinsky in a commentary piece. "Throughout American history, there have been tremendous advances in equality and the protection of individual rights," Chemerinsky wrote. "William Rehnquist's legacy has been to halt and retard that progress. The simple and sad reality is that Americans have fewer civil liberties and civil rights because of Rehnquist's tenure on the court."

Los Angeles Times (June 24, 2003): The recent Supreme Court decision on racial preferences in state institutions will not have a direct effect on California because of the 1996 ballot initiative (Prop. 209) that banned racial and ethnic preferences in state institutions. The decision by the Supreme Court has provoked both supporters and proponents of Prop. 209 to reexamine the affirmative action debate and the application of the initiative. "Hopefully, over time, as California sees the benefits of affirmative action in other parts of the country, it might lead to a repeal or at least a modification," said Erwin Chemerinsky, a USC law professor.

Washington Post (June 16, 2003): The Supreme Court ruled Monday that the government can ban campaign finance contributions from advocacy groups. Elizabeth Garrett, a law professor at USC, said the case is important because issue-oriented non-profits have become increasingly important in campaigns. "The decision is a green light for other laws regulating these organizations and their involvement in campaigns, such as aggressive disclosure laws," she said.

Los Angeles Times (June 13, 2003): A Sherman Oaks man is bringing a lawsuit against a Claremont-based battered women's shelter for refusing to provide him shelter because he's a man. Kathryn Vaclavik, a professor who teaches domestic law at USC and runs a domestic violence clinic that offers free legal services, said it will be a difficult case to win because it's impractical to have women and men at the same shelter. USC constitutional law professor Erwin Chemerinsky said he also thinks the court will side with the women. "There is an argument there that is compelling, but common sense tells you why a women's shelter excludes men," he said.

Slate Magazine (June 10, 2003): Narcissistic personality disorder, which causes the sufferer to have grand delusions, had been tried in several cases as a defense for murder, most notably in the case of Christian Longo, who killed his wife and three children in 2001. But it is rarely an effective defense, explains Elyn Saks, a law professor at USC.

Fox News (June 10, 2003): USC Law Professor Susan Estrich appeared as a guest on Fox's "Hannity & Colmes" show discussing a variety of current issues, including Senator Hillary Clinton's new book.

Los Angeles Times (June 7, 2003): USC Law Professor Erwin Chemerinsky, a constitutional law expert, served on Assembly Speaker Herb Wesson's 18-member panel, which wrote four bills inspired by the videotapes beating of a teenager by Inglewood police last year. The bills were intended to reduce officer brutality and make it easier for the public to file complaints.

ABA Journal (June, 2003): Ford Motor Co. V. Romo, where three people died in crash involving a Bronco, is a different from a recent case in which the Supreme Court added to a 1996 decision holding that enormous punitive damages may run afoul of the due process clause of the 14th Amendment, says USC Law Professor Erwin Chemerinsky. "I think it's a totally different situation. This is a case that involves deaths and a case that the court called analogous to manslaughter."

Philadelphia Inquirer (June 1, 2003): Sandra Ortiz, who directs the USC's Center for Communication Law and Policy, said in response to the Federal Communications Commission's decision to shelve the rule barring joint ownership of newspapers and TV stations in the same city: "This FCC decision is a watershed event, in terms of reshaping the media landscape. The potential consequences are so dangerous to a functioning democracy. Will the 'free market' encourage the media owners to behave in the public interest? We have no control over that situation, and it feels scary to me. We're at their mercy."

USA Today (May 30, 2003): Leaked information from a sealed autopsy report claims that the body of Laci Peterson's unborn child had a cut on its chest and a length of plastic tape looped around its neck with a knot in it. "I don't think anyone can possibly assess whether this will be important," said USC Law Professor Erwin Chemerinsky. "And don't assume that the defense leaked this." It could have come from many sources, he said.

The Daily News of Los Angeles (May 29, 2003): The invocation at Tuesday's county supervisors' meeting, which named Jesus Christ the "only one mediator between God and man," is being harshly criticized for its disregard of a constitutional law recently reaffirmed by the U.S. Supreme Court. "Sectarian prayers are clearly unconstitutional. Such prayers are impermissible and it may take another lawsuit," said Erwin Chemerinsky, a constitutional law expert at the USC Law.

Los Angeles Times (May 28, 2003): The Los Angeles Police Commission will name prominent civil rights attorney Connie Rice to head a fully independent commission to review the 1999 Rampart scandal. Rampart has already been the subject of four reports, including one written in 2001 by Erwin Chemerinsky, a USC law professor. Chemerinsky, who has asked to serve on the new Rampart panel, said, "What is necessary now is a study of how Rampart was investigated so as to provide a protocol for the future in handling scandals in the police department?"

Associated Press (May 28, 2003): The Supreme Court gave the Bush administration a major legal victory in the war on terrorism Tuesday when it rejected a challenge to the secret deportation hearings held for hundreds of foreigners detained after the Sept. 11 attacks. "It shows that the court is not eager to jump into the civil liberties-national security issue, at least until it perceives it has to," said Erwin Chemerinsky, a law professor at USC. "It's content to see the government win."

Daily Journal (May 30, 2003): USC Law Professor Niels Frenzen and some of his students in USC Law's immigration law clinic successfully obtained the release of an Iranian peace activist who was detained by Homeland Security officials after he reported to the government's post- Sept. 11 alien registration program. "It's a tremendous waste of resources and not helping national security when the Department of Homeland Security makes decisions to blindly detain people because of nationality status," said Frenzen.

The New York Times (May 28, 2003): More than 20 states have bills pending aimed at limiting personal injury suits and medical malpractice lawsuits. "There are no federal laws with regard to when you can hold manufacturers or doctors or lawyers or anyone liable," said Erwin Chemerinsky, a law professor at USC. "All of that is covered by state law, and every state can have its own rules. So product liability law, for example, is the product of 50 different state's product liability laws."

The Washington Post (May 27, 2003): Federal District Court Judge Charles W. Pickering, a judicial nominee, has been known to contact the Justice Department and demand private meetings with U.S. attorneys to discuss his complaints about certain cases, actions that many law professors say violates judicial ethics. "The judge is not supposed to contact one side unless there is an emergency," said Erwin Chemerinsky, a USC law professor.

Fox News (May 23, 2003): USC Law Professor Susan Estrich appeared on Fox's "Hannity & Colmes" show discussing the new trend toward home schooling and subsequent government regulations. Estrich said that, although public schools do have numerous problems, the social skills that students learn while interacting with other students at school is very important. "I recognize that every parent tries to do the best for their kids. I try to do the best for my kids," said Estrich. "But it's about getting along with other kids, and you can't get that in an after-school program."

Fox News (May 23, 2003): Susan Estrich, a USC law professor, appeared as a guest on "The Big Story With John Gibson," discussing the lack of women columnists in major newspapers. Estrich said a group of lawyers from USC Law formed their own organization called the Voices Project, which looked at numerous papers, including the Los Angeles Times and the Orange County Register, to determine how many women were being published. "They looked at papers across the country," Estrich said. "And what they found was that nine out of 10 of the op-eds were by men at every single one of these papers."

Los Angeles Times (May 20, 2003): A federal appeals court in San Francisco narrowly reaffirmed a decision that Suzuki Motor Corp. is entitled to a jury trial on its claim that Consumer Reports magazine rigged a test to show that the Suzuki Samurai sport utility vehicle "rolls over too easily." USC Law Professor Erwin Chemerinsky predicts that the Supreme Court will take the case. "Very few defamation cases have involved corporations," He said. "I can't think of any Supreme Court case where an organization like Consumers Union was sued over a story evaluating a product."

Los Angeles Times (May 20, 2003): The Supreme Court ordered a California appeals court to reconsider a $290 million jury award against Ford Motor Co. in a 10-year-old sport utility vehicle accident that killed three members of a Northern California family. Erwin Chemerinsky, a USC law professor who argued the case against Ford before the high court, called the decision "very predictable." "The justices were very clear in saying that there is no rule at which a punitive damage award is automatically unconstitutional," said Chemerinsky. "This doesn't mean that the court of appeal will change its ruling upholding the $290 million award in the Ford case."

Los Angeles Times (May 18, 2003): A little-noticed measure approved by the House last month as part of an energy policy bill would limit the liability the producers of the fuel additive MTBE would face for groundwater contamination. Critics call it special-interest legislation that would force taxpayers to pick up the tab for cleaning up water supplies, but the battle is emblematic of a larger struggle in Congress over how far the government should go in shielding businesses from lawsuits. "Business sees that it has Republican control of the House, the Senate, and the White Houseâ€¦and it is trying to use this to adopt incredibly protective legislation," said Erwin Chemerinsky, a USC law professor.

Los Angeles Times (May 15, 2003): A supervisor of after-school programs is charged with 25 felony counts of lewd acts with minors after he sucked the toes of two dozen boys ages 8 to 11. The man videotaped many of the encounters and admits to the acts, but he has pleaded not guilty because the conduct was not sexual and therefore not illegal, according to his lawyer. But according to USC Law Professor Elyn Saks, the man may have been satisfying a sexual urge without realizing it. "It's not uncommon for people to have foot fetishes and be getting sexual pleasure out of it and not know it," she said. "People can be sexually aroused without necessarily showing physiological signs of it. It can be emotional. The general question here is, 'If you have sexual intent and don't realize it, should you be liable?'"

The Chronicle of Philanthropy (May 15, 2003): The federal estate tax is scheduled to end in 2010 for at least a year, but giving by the wealthy need not end with it, wrote USC Law Professor Edward J. McCaffery in a recent article. McCaffery believes that it is Congress' job to take action to keep planned giving alive. McCaffery also advises that Congress simplify and improve existing law on charitable giving.

Daily Journal Extra (May 12, 2003): USC Law Professor David Cruz was featured as part of the Daily Journal's "20 Under 40" special section, showcasing 20 young lawyers who have demonstrated remarkable accomplishments throughout the early stages of their careers. Cruz was selected because his legal work is changing the way courts and lawmakers view the constitutional rights of gay, lesbian, bisexual and transgender people. Cruz contends that gays and lesbians are deprived of their First Amendment right to free speech by laws that prohibit them from expressing the commitment between couples in marriage. "A very vital aspect of marriage is its expressive character," Cruz says. "Marriage shapes identity."

The Orange County Register (May 9, 2003): A defining difference between free countries and tyrannies is that free countries respect civil rights, even those of people who are accused of the worst crimes. "The U.S. government has been violating international law since January 2002, when individuals were brought to Guantanamo," said Erwin Chemerinsky, a constitutional law professor at USC. "Even a year ago, Colin Powell said there needed to be hearings under international law to determine if they are enemy combatants. And we've never provided those hearings. If somebody is a prisoner of war, it determines how they are treated, whether they need to be repatriated."

Fox News (May 8, 2003): USC Law Professor Susan Estrich appeared as a guest on "Fox On the Record With Greta Van Susteren" discussing the possible political ramifications of President Bush's infamous carrier visit. "This is 'business as usual' politics," said Estrich. "When you're in an election cycle, which we're in now, it's really impossible to separate the president as president and the president as politician."

The Los Angeles Times (May 6, 2003): A Los Angeles County Superior Court ruled in favor of limiting EBay's responsibility for the actions of its users, and dismissed a libel claim against the Internet auction site made by a shopper who was criticized by a merchant. The judge ruled that EBay should not be held accountable for comments posted by users because the federal Communications Decency Act of 1996 says an "interactive computer service" provider is not the publisher of information posted by its users. But there is uncertainty over whether companies that operate Web sites should be treated the same as Internet service providers, said Erwin Chemerinsky, a professor at USC Law. Should EBay "be regarded like a bulletin board that just provides a forum?" he asked. "Or should we regard them much more like a newspaper?"

Los Angeles Daily News (May 4, 2003): Gang member Javier Ovando was the unarmed victim shot by a pair of Los Angeles police officers from the Rampart Division who were later accused of committing crimes themselves. But at his trial, Ovando wound up being convicted of assault with a deadly weapon and felony assault, and sentenced to 23 years in prison. Now Ovando is suing the public defender who represented him, claiming that the defense was so poor that it amounted to profession malpractice. In particular, Oyando cites the attorney's failure to inquire into the officer's history and call crucial witnesses to the stand. "It would be routine in a case involving any kind of physical altercation between an officer and a defendant to ask for the officer's personnel file, and particularly to ask for any history of complaints against the officer," said Michael Brennan, a law professor at USC. "And that witness is someone you go out and find."

GlobeSt.com (May 1, 2003): Oakland Mayor Jerry Brown drew a standing ovation for his lunchtime speech at the USC Law School Institute - LACBA Benjamin S. Crocker Symposium on Real Estate Law and Business in downtown Los Angeles. Lawyers and real estate developers discussed the increasing complexity of real estate law and industry leaders offered outlooks on market conditions as well.

Hollywood Reporter (April 29, 2003): Two FCC commissioners used a public forum sponsored by USC's Center for Communications Law and Policy to accuse their agency of rushing to overhaul the nation's media ownership rules without adequate debate among lawmakers and the public. FCC commissioners Michael Copps and Jonathan Adelstein, the Democratic minority on the five-member commission ap pointed by President Bush, said the June 2 date set by chairman Michael Powell for a vote on potentially sweeping deregulation does not allow enough time to assess whether media diversity and the public interest will suffer.

Business Week (April 28, 2003): The U.S. Supreme Court will hear the case of Kasky v. Nike, a suit claiming that the footwear giant's public-relations efforts misled consumers about abusive working conditions at overseas factories. Harvard law professor Laurence Tribe, who is arguing the case for Nike, says treating company letters and news releases as equivalent to advertising would undercut the companies' ability to speak out on political issues. But "if a company makes false statements about its products or practices with the intent of increasing profits, that's commercial speech," said Erwin Chemerinsky, a law professor at USC who filed a brief supporting the Kasky position.

CNN (April 27, 2003): USC Law Professor Erwin Chemerinsky was featured on "CNN Late Edition With Wolf Blitzer" discussing the Scott Peterson case. Peterson is accused of murdering his wife and their unborn child. "The reality is," said Chemerinsky, "we know almost none of the evidence in this case. This case had fewer police leaks to the media than almost any other. We know that apparently he bought some ankle weights that are missing. We know that there was cement at his house that he couldn't explain, cement residue in his boat, and the bodies were found near where he was fishing. But I think that's the summary of all of the evidence at this point, and I think everyone would agree, that by itself wouldn't be enough for a conviction." Chemerinsky was quoted on this issue in USA Today on April 24.

The New York Times (April 26, 2003): With all the national publicity surrounding the trial of Scott Peterson, who is accused of murdering his wife and their unborn child, there are questions over whether or not Peterson can receive a fair trial. "Jurors aren't going to be basing their decisions on what Geraldo said," said Erwin Chemerinsky, a law professor at USC. "If they did, O.J. Simpson would have been found guilty."

Los Angeles Times (April 25, 2003): When innocent people are not just arrested but tried, convicted and imprisoned, the entire justice system must be reevaluated, wrote USC Law Professor Erwin Chemerinsky in an op-ed. The Los Angeles Police Department's wrongful arrests have led to the reversal of more than 100 convictions and required the city to pay more that $40 million in damages.

Daily Variety (April 24, 2003): Hollywood will finally get a chance to respond to the Federal Communications Commission's proposed easing of media ownership rules. USC's Center for Communication Law and Policy will host a hearing on the issue Monday, two months after an East Coast snowstorm forced a last-minute cancellation of the event. Four of the five commissioners had been set to attend the cancelled confab. Monday's forum will by attended only by commissioner Michael Copps, who has been a persistent advocate of public discussion of the issue. Commissioner Jonathan Adelstein may participate by videoconference.

USA Today (April 24, 2003): The first public glimpse of prosecution evidence in the high-profile Laci Peterson murder case may not come until Scott Peterson's preliminary hearing this summer. But interest in this tragedy of a young mother-to-be that mobilized hundreds of volunteers, a statewide search, a $500,000 reward and saturation news coverage is not likely to wane. "Generally in a high-profile case like this, there are leaks, usually some indications of what the evidence is," says Erwin Chemerinsky, a law professor at USC.

City News Service (April 22, 2003): A Los Angeles County Bar Association task force released a report today calling for changes aimed at preventing scandal in the Los Angeles Police Department. The report recommends modifying a state law that allows police witnesses to testify as proxies for victims or witnesses in hearings where judges or commissioners are determining if a defendant must stand trial. USC Law Professor Charles Whitebread, who served as a member of the task force, said the panelists recommended things that go beyond current state law because there could be a recurrence of the Rampart scandal otherwise.

United Press International (April 21, 2003): Many entertainers who spoke out against the Bush administration and the war in Iraq have suffered economic retaliation, and many in Hollywood are now hesitant to release movies that may be interpreted as critical of the current state of affairs. Recent cases of retaliation against Bush critics are not First Amendment issues, strictly speaking, said USC Law Professor Erwin Chemerinsky. "If the Los Angeles City Council passed a law that said the Dixie Chicks and Susan Sarandon are not welcome to perform in Los Angels, that would violate the First Amendment," he said. "What the framers had in mind was limiting the ability of the government to restrict speech," he said. "They weren't dealing with boycotts or anything like that."

Los Angeles Times (April 16, 2003): California Highway Patrol officials are asking prosecutors to file manslaughter charges against a motorist who was reaching for a cellular phone under his seat when he fatally struck a 73-year-old jogger. "Something like murder, you have to show some level of intent, which clearly this person didn't have," said Jean Rosenbluth, an assistant professor at USC Law and a former federal prosecutor.

The Washington Post (April 13, 2003): There has been a long and heated battle over the so-called "death tax," which mostly affects the estates of the wealthy. USC Law Professor Ed McCaffery told the Senate Finance Committee in 1995 that he was an "unrequited liberal" who opposed the estate tax. The rich can too easily avoid the tax, he says, and it has failed to close the wealth gap. But the bigger failing is a moral one because "it rewards rich spenders and penalizes rich savers." McCaffery's solution would replace the entire tax system with a consumption tax which would tax spending rather income, thereby encouraging people to save.

Chicago Tribune (April 13, 2003): Former Los Angeles mayor Richard Riordan is starting a free newspaper called the Los Angeles Examiner aimed at reflecting the strengths and diversity of the city. Among the guest columnists is USC Law Professor Susan Estrich, who wrote a piece listing 10 reasons why Senator Hilairy Clinton should not run for president.

Los Angeles Times (April 12, 2003): A federal lawsuit to ban a book that promotes income-tax evasion is generating debate on the First Amendment's guarantee of free speech. Erwin Chemerinsky, a USC law professor and constitutional law expert, said a 1969 Supreme Court ruling which held that a speaker can be punished only if he incited imminent illegal conduct, argues against banning the book. "Here we have a situation where a person can read a book and reflect on it, rather than act on the exhortation with imminent passion," Chemerinsky said. "The reality is, people are allowed under the First Amendment to advocate that others break the law, so long as it doesn't amount to incitement. If the book is advocating illegal conduct - tax fraud - it's still protected by the First Amendment."

The Washington Post (April 11, 2003): The Supreme Court today dismissed a case solely because the party who originally asked to hear it got cold feet. The case appealed a lower court ruling that said Michael Hason, a California doctor, could sue the medical board for allegedly violating the Americans with Disabilities Act by denying him a license because he is clinically depressed. Erwin Chemerinsky, a USC law professor and one of Hason's lawyers, wrote the court saying that his client preferred to see the case go forward and asked the court to order the state to pay Chemerinsky and co-counsel Mark Rosenbaum a total of $85,000 in legal fees.

National Public Radio (April 8, 2003): USC Law Professor Edwin Smith appeared as a guest on the NPR show Tavis Smiley to discuss the conflict in Iraq and post-war proposals for governing the country. "(France, Germany and Russia) basically admitted that the U.S. and Britain should have principal responsibility for security. I think what they oppose is complete and total U.S. occupation power in Iraq, and they would prefer a primary role for the United Nationsâ€¦I think the cooperation and the financial support of those countries is something that we ought to seek."

Los Angeles Times (April 6, 2003): Gov. Gray Davis agreed Saturday to parole a battered woman imprisoned for 22 years in the killing of her abuser, marking only the fourth time in 194 cases that Davis has permitted a convicted murderer to go free. But in announcing his decision, the governor said he would keep Maria Suarez of Azusa in state prison until March 2004, saying lingering questions about her role in the slaying justify another 11 months behind bars. Suarez was represented by students and attorneys from USC's Post-Conviction Justice Project, which is helping other convicted felons win parole based on evidence of battered women's syndrome.

The Boston Globe (April 6, 2003): It may not be individual taxpayers in expensive cities who are hurt by high taxes; instead it's their employers. "I tell my friends who complain, 'Well, look, why don't you move'?" says Thomas D. Griffith, a law professor at USC, who examined this issue in a Harvard Law Review article. "They say 'Well, I kind of like it here in L.A.'" If you stay, he argues, it shows that deep down you think you've got a fair deal. You've made the rational decision to live in an appealing place, and you're willing to pay a surcharge for the privilege. Besides, Griffith argues, the market's invisible hand sorts the inconsistencies out pretty well because employees in large, expensive cities are usually paid more than employees in more affordable places.

AP/New York Times Online (April 2, 2003): The Supreme Court gave no sure sign it was ready to end all affirmative action as it took up the polarizing question of racial preferences in college admissions for the first time in 25 years. But justices gave a glimpse of the conflict on the court as they considered how to rewrite the rules for affirmative action on university campuses -- and potentially beyond. Many legal scholars believe Justice Sandra Day O'Connor will be the swing vote in any decision. Erwin Chemerinsky, a law professor at USC, said he doesn't believe the moderate O'Connor would "join an opinion that's the death knell for affirmative action in public colleges."

Bureau of National Affairs (March 28, 2003): The comprehensiveness of a company's compliance program to meet reporting and disclosure requirements under the Sarbanes-Oxley Act, as well as its willingness to waive the attorney-client privilege to provide investigators with all relevant information, are key factors that the U.S. Department of Justice considers before seeking criminal charges in a business fraud case, U.S. Attorney Debra W. Yang said on a panel at USC Law's 2003 Institute for Corporate Counsel.

South China Morning Post (March 28, 2003): When US Defense Secretary Donald Rumsfeld denounced Iraqi television interviews with five captured American soldiers as a breach of the Geneva Convention, Jihad Ballout, Al-Jazeera's spokesman, said: "Look who's talking about international law and regulations." Erwin Chemerinsky, a law professor at USC, went to greater lengths in the Los Angeles Times, writing: "Rumsfeld's hypocrisy here is enormous. For two years, the Bush administration has ignored and violated international law and, thus, has undermined the very legitimacy of the treaties and principles that constitute the laws of nations. Iraq and other nations may feel much freer today to violate international law in the way they treat war captives and the way they wage war."

The San Diego Union-Tribune (March 27, 2003): Chris Simcox is recruiting Americans to patrol the Mexican-American border with him to stop immigrants from crossing, wrote Susan Estrich in an op-ed. Simcox views illegal immigrants as enemies who are wrecking the country's economy. But many immigrants join the military and at least one has already died in the war with Iraq. "Keep track of the men and women who are fighting and dying in Iraq," she wrote. "How many of them will turn out to be immigrants, first-generation Americans? How many of them will turn out to be the sons and daughters of Harvard graduates, and how many will be the sons and daughters of housekeepers and gardeners, immigrants and the children of immigrants?"

The Hollywood Reporter (March 26, 2003): Twenty organizations, including the Center for Communications Law and Policy at USC, signed a letter urging the FCC to adopt a proposal pushed by three Republican senators to conduct a public review of possible changes to the nation's media ownership rules. The coalition, which consists of consumer groups, unions and civil organizations, want lawmakers and the public to be allowed to examine the rules before the commission votes on them.

Los Angeles Times (March 25, 2003): If the United States wants other nations to live by the rule of law, it too must do so, wrote USC Law Professor Erwin Chemerinsky in an op-ed commentary. According to Chemerinsky, Secretary of Defense Donald Rumsfeld was too quick to invoke international law in condemning Iraq's treatment of American prisoner's of war -- in light of the fact that the U.S. government has kept more than 600 captives in Guantanamo Bay in clear violation of international law.

The Detroit News (March 23, 2003): Justice Sandra Day O'Connor is the clear swing vote as the U.S. Supreme Court gets ready to decide the future of affirmative action at the University of Michigan. Erwin Chemerinsky, a USC law professor who recently argued a case before the high court, said O'Connor will want to evaluate whether the University of Michigan's policies put too much weight on race. Like other legal observers, Chemerinsky said it is impossible to predict what the court will decide. But he was willing to go this far: "5-4 and Justice O'Connor will be in the majority."

New York Times (March 16, 2003): The Bush administration says it is planning major changes in the Medicare program that would make it more difficult for beneficiaries to appeal the denial of benefits like home health care and skilled nursing home care. Federal officials want many of these appeals to be settled by administrative law judges. But Matthew L. Spitzer, dean of the University of Southern California Law School, said that consumers "should think long and hard before they agree to binding arbitration." It is, he said, extremely difficult to overturn an arbitrator's decision.

Columbia Journalism Review (March/April 2003): As the Federal Communications Commission reviews its media ownership rules, USC's Center for Communication Law and Policy has provided one of the few independent commentaries on the proposed changes. As USC's filing to the commission put it, the agency's mandate to regulate is driven by the First Amendment rights of the public, not the media owners. Safeguarding those rights has "been understood to permit restricting the media industry's natural desire to concentrate ownership in order to achieve economies of scale." Sandra Ortiz, author of the USC brief and executive director of the CCLP, says that the once-revered concept of local media ownership has become "so rare as to be almost quaint."

Los Angeles Times (March 14, 2003): Caltrans violated the 1st Amendment when it permitted American flags to be hung from freeway overpasses but not antiwar banners, the U.S. 9th Circuit Court of Appeals has ruled unanimously. In its 3-0 decision, the San Francisco-based appeals court backed a federal district judge in San Jose who had issued an injunction against the California Department of Transportation policy last year. "The 9th Circuit is exactly right," USC Law Professor Erwin Chemerinsky said. "Once Caltrans opens up overpasses [to political messages], they can't discriminate."

San Francisco Chronicle (March 12, 2003): Hundreds of suspected Al Qaeda and Taliban fighters detained by the United States at the Guantanamo Bay Naval Base cannot challenge their imprisonment in court and are not entitled to any other Constitutional rights, a federal appeals court ruled Tuesday. The court said Guantanamo, though controlled by the U.S. military, was under Cuban sovereignty and thus beyond the jurisdiction. That was disputed by Erwin Chemerinsky, a USC law professor who unsuccessfully argued an earlier Guantanamo case. "If Cuba were to decide they wanted to liberate the prisoners at Guantanamo, surely they couldn't do it," he said. "This is U.S. territory."

Los Angeles Times (March 10, 2003): The U.S. Supreme Court's decisions upholding life imprisonment for shoplifters make reform of California's three-strikes law through the Legislature or the initiative process imperative, says USC Law Professor Erwin Chemerinsky in a commentary. Today, 344 people are serving life sentences in California's prisons for shoplifting a small amount of merchandise. Such sentences make no rational sense and are inhumane. Unfortunately, the high court's decisions mean that the only hope is for the Legislature to modify the three-strikes law to limit its application to those who commit serious or violent felonies. If the Legislature lacks the moral courage to make this simple change -- and so far its members have been unwilling to do so -- then there must be a voter initiative to revise the law.

Los Angeles Daily News (March 9, 2003): Skirting city procedures and safeguards, Los Angeles Police Chief William Bratton has turned to wealthy private contributors to raise $1.6 million to pay for his hand-picked consultants to advise on how to reorganize the LAPD. But Bratton's method is seen by some as using well-intentioned goals to justify questionable means that undermine safeguards of open and honest government. "The problem with this is it circumvents all the protections in the City Charter and codes in regard to contracting," said Erwin Chemerinsky, a law professor at USC who helped write the new city charter. "I think Bratton is well-intentioned, but I'm very concerned about his use of the private foundation to circumvent the usual way of contracting.

Newsweek (March 6, 2003): The new home of the Academy Awards, the Kodak Theatre, which is housed in the center of a giant shopping mall in Hollywood, has failed to attract the expected numbers of tourists and tenants. "They built a center for out-of-towners who didn't come, and geared it for tenants who got out of the business even before the facility opened," said George Lefcoe, professor of real estate law at USC Law.

Los Angeles Time (March 5, 2003): The U.S. Supreme Court has upheld California's three-strikes law as constitutional, ruling that the repeat offender statute does not necessarily lead to cruel and unusual punishment even though a minor crime can yield a life term. The court divided 5-4 in two cases testing the limits of the law. "This makes it extremely difficult if not impossible to challenge any recidivist sentencing law," said USC Law Professor Erwin Chemerinsky, who represented Leandro Andrade in Lockyer v. Andrade. "If these sentences aren't cruel and unusual punishment, what would be?"

Los Angeles Time (March 3, 2003): In a commentary co-written with civil rights attorney Constance Rice, USC Law Professor Erwin Chemerinsky applauded a proposal by LAPD Police Chief William Bratton to create an independent commission to look into the Rampart scandal. The lawyers urged Bratton to give the commission plenty of power and an adequate budget so it can conduct a thorough, factual investigation. "The failures of prosecutors, judges, police commissioners and politicians have yet to be documented publicly. A great deal has not come to light," the authors wrote.

Los Angeles Time (March 1, 2003): The 9th U.S. Circuit Court of Appeals has reaffirmed its controversial ruling that reciting the words "under God" in the Pledge of Allegiance in public schools violates the U.S. Constitution. But the 9th Circuit majority pulled back from another part of its sweeping June decision in which it declared that the 1954 federal law that added the words "under God" was unconstitutional. "This is a more limited holding," said USC law professor Erwin Chemerinsky. "This holding fits better with what the plaintiff's central claim is about -- objecting to the use of the pledge in school."

Los Angeles Time (Feb. 27, 2003): California Atty. Gen. Bill Lockyer, in an about-face, is trying to withdraw a pending Supreme Court case that could void much of the federal law that protects disabled people from discrimination by public agencies, schools and colleges. The unusual move comes a month before the justices are set to hear arguments in the case. USC Law Professor Erwin Chemerinsky, who is representing the doctor who sued the state medical board, said he was surprised at the latest twist in the case. "I have made several offers to settle the case. And each time, they have come back and said no settlement," Chemerinsky said.

Ventura County Star (Feb. 25, 2003): As Phillip Romney tries to lead Santa Paula Memorial Hospital away from possible closure, some members of a community task force are questioning whether the attorney should be both the institution's board chairman and its paid legal counsel. It's an arrangement that state law prohibits in many cases, although not entirely. Michael H. Shapiro, professor of law at USC, said however that the demands of the two roles are different. "Whether it is formally unethical, I kind of doubt that," he said.

The Tampa Tribune (Feb. 23, 2003): The Sept. 11 attacks have changed both the nation's political climate and the attitude of investigators, experts on the terror war say. "Prosecutors make political and practical decisions as well as legal ones," said Niels W. Frenzen, a law professor at the University of Southern California. "I think the government is making a tactical decision they're more likely to succeed post-9/11." He added: "Palestinian issues are more viable targets than before 9/11, even though it has little to do with what happened on 9/11."

Los Angeles Time (Feb. 20, 2003): The families of the victims of Andrew Luster were angered after CBS aired an excerpt of videotapes made by the convicted rapist of his sexual encounters with drugged victims. Legal experts said, however, that the victims probably would not be able to sue over the use of the tapes since they were not identified. Because the tapes were shown in open court and the victims testified, "there's no basis for bringing an invasion of privacy suit," said Erwin Chemerinsky, a constitutional law professor at USC.

Los Angeles Time (Feb. 19, 2003): A federal appeals court has upheld Alameda County's ban on gun possession on county property, saying that the ordinance does not violate 1st or 2nd Amendment constitutional rights. But Erwin Chemerinsky, a constitution law expert at USC Law, said the opinions were "an inappropriate slap" at a December decision by the 9th Circuit panel. That decision, he said, is binding on the 9th U.S. Circuit Court of Appeals "until it is upset by a larger panel of 9th Circuit judges or the Supreme Court."

Los Angeles Time (Feb. 18, 2003): A woman is suing a suburban San Diego doctor for refusing to artificially inseminate her because she is a lesbian. "Healthcare professionals, including doctors, need to understand civil rights laws apply to them," said Jennifer C. Pizer, a USC Law adjunct professor and a lawyer with the Lambda Legal Defense and Education Fund who is assisting the woman in her suit. Pizer said a doctor's care is a "public accommodation" under the law, which must be accessible to all.

People (Feb. 17, 2003): CleanFlicks, based in Pleasant Grove, Utah, reedits popular movies, snipping out sex, nudity, violence and profanity. In September, the Directors Guild of America asked a federal court to declare CleanFlicks and 12 similar companies in violation of copyright laws. Legal scholars say precedent favors Hollywood. "Under copyright law, the studio has exclusive right to edit the work," says University of Southern California Law Professor Daniel Klerman. "My question is, why don't the studios enter this market themselves?"

(Riverside) Press-Enterprise (Feb. 15, 2003): Attorneys for the Diocese of San Bernardino are alleging that the First Amendment's guarantee of religious freedom exempts the church from lawsuits. Erwin Chemerinsky, a USC law professor and an expert in constitutional law, called the argument outrageous, noting that the U.S. Supreme Court has ruled that religion is not exempt from general law. "If it could be proven that the church was negligent in its decision so as to put children at risk, the church should not be able to hide behind the First Amendment," Chemerinsky said.

Los Angeles Time (Feb. 12, 2003): An Ontario resident is trying to convince the city council to remove news racks that contain racy advertisements for an adult business in neighboring San Bernardino County. But USC Law Professor Erwin Chemerinsky said the city will violate First Amendment protections of free speech if it prohibits the racks based on content. "A city can limit where news boxes are placed, it can limit how many news boxes they want for aesthetic reasons, but they can't discriminate among newspapers," he said. "The city's going to have to have evenhanded regulations."

Los Angeles Time (Feb. 7, 2003): Mayor James K. Hahn will revisit a plan to keep big rigs off downtown Los Angeles streets during peak rush hours as part of a new campaign to untangle the city's notorious traffic problems. The move won praise from some observers. "Mayor Hahn has had other top priorities during the first two years in office," said USC Law Professor Erwin Chemerinsky, who helped lead a government reform effort in City Hall. "The most important issue in the city that has not received his attention is transportation."

Los Angeles Time (Feb. 3, 2003): Since the creation of neighborhood groups in 1999, one of Los Angeles' biggest challenges has been creating an effective system to give the groups notice of all issues that come before city government, as mandated by the new City Charter. "Notification is crucial for neighborhood councils to succeed," said Erwin Chemerinsky, who helped draft the charter. "If neighborhood councils don't have a way of knowing what's coming up, then they won't have the opportunity to play the only role they have under the charter."

Los Angeles Time (Feb. 1, 2003): The Bush Administration wants to dramatically increase tax breaks on savings by creating three tax-protected accounts that would replace such mainstays of American investment as IRAs and 401 (k)s. "From a political point of view, the administration's proposal is clever because the current Congress and the current president get the revenue," said USC law professor Edward J. McCaffery. "But you are planting a time bomb for the future because it's going to cost you money in the out years."

The Arizona Republic (Jan. 23, 2003): Although many conservatives are publicly opposed to abortion, privately many are also opposed to overruling Roe vs. Wade. In an article, "The Politics of Abortion," which is included in a new book, The Rehnquist Court: Judicial Activism on the Right (Herman Schwartz, ed.), USC Law Professor Susan Estrich writes that "overruling Roe vs. Wade would re-ignite abortion as a front-burner political issue for 2004 and aid in the election of pro-choice candidates. As a political matter, the last thing President George Bush wants is to turn either future mid-term elections, and particularly the 2004 re-election, into a referendum on abortionâ€¦"

Los Angeles Time (Jan. 22, 2003): The U.S. 9th Circuit Court of Appeals declared 3-0 that a 1999 California law that gives World War II victims of forced labor the right to sue for compensation in state court is unconstitutional. The ruling effectively dismissed hundreds of cases already filed by individuals who toiled as slave laborers in Nazi Germany and Japan. According to USC Law Professor Erwin Chemerinsky, federal appeals court decisions are normally not binding in a state court and vice versa. But, for the moment, the decision "makes the state court decision practically irrelevant." Ultimately, Chemerinsky said, the U.S. Supreme Court many need to resolve the dispute.

ABA Journal (January 2003): In a feature article, USC Law Professor Erwin Chemerinsky discussed federalism and the role of the courts in protecting statesâ€™ rights. â€œThe problem is that itâ€™s very hard for people to understand the concept of sovereign immunity and the intricacies of these decisions,â€� said Chemerinsky. â€œI certainly know from when Iâ€™ve spoken to audiences of non-lawyers that theyâ€™re shocked to think that there is such a thing as sovereign immunity. My first-year law students are always surprised to hear that you canâ€™t sue the state if it violates the Constitution.â€�

The New York Times (Jan. 19, 2003): There is an important but little-debated component of President Bushâ€™s $674 billion tax-cut plan: relief from the â€œmarriage penalty.â€� Many would argue, however, that married couples are already given significant tax breaks compared with single people with or without children. â€œThe people who are treated the best are families with stay-at-home spouses, who, not surprisingly, are an important constituency for Republicans,â€� said Edward J. McCaffrey, a law professor at USC and the author of Taxing Women.

Los Angeles Time (Jan. 18, 2003): A federal appeals court recently ruled that vitamin customers from other countries could press price-fixing cases in U.S. courts even if they made their purchases abroad. The opinion could open the floodgates for foreign antitrust claims in American courtrooms. â€œThis may be an inevitable consequence of the globalization of markets,â€� said Eric Talley, director of the USC Center for Law, Economics and Organization. â€œIf thereâ€™s no separation between the markets, itâ€™s going to be somewhat hard and somewhat fraudulent to actually claim you are able to regulate them differentially.â€�

Chicago Tribune (Jan. 17, 2003): The Justice Department barely made the deadline to file a brief in a closely watched affirmative-action case regarding admissions at the University of Michigan scheduled to go before the U.S. Supreme Court. Although the Bush friend-of-the-court briefs did not argue that race should be eliminated from the admissions process, â€œ (Bushâ€™s) public rhetoric of no quotas is obviously quite different than the position they hope the Supreme Court will take,â€� said USC law professor Erwin Chemerinsky.

Los Angeles Time (Jan. 13, 2003): USC's Center for Communication Law and Policy, a joint project of USC Law and the Annenberg School for Communication, will host a public forum on Feb. 18 regarding the Federal Communications Commission's proposed changes to its media ownership rules. An unusual alliance of Hollywood producers and creative workers has mobilized to fight against any move by the FCC that would allow further consolidation in the TV business, which they argue would kill jobs and stifle creativity. Sandra Ortiz is director of the Center for Communication Law and Policy.

Ventura County Star (Jan. 13, 2003): The Ventura County Board of Supervisors has voted 4-1 to certify a supplemental environmental impact report and plans for the initial, 715-home phase of the controversial Ahmanson Ranch development project. Lawsuits over the project have already taken most of a decade. The latest round of litigation is expected to take even longer and will be fought at the state and possibly even federal level. "There will have to be a trial, and that means a lot of money and a lot of time," said USC Law Professor George Lefcoe, a specialist in real estate law.

San Francisco Chronicle (Jan. 5, 2003): Many adults who claim priests victimized them when they were children have discovered that their cases are too old to be brought to court. In response, a handful of California lawyers have drafted a controversial new law that essentially opens the door to hundreds of civil lawsuits against the Roman Catholic Church, regardless of when the alleged abuse took place. "I think (the law) is clearly constitutional," said Erwin Chemerinsky, a law professor at USC. But he also acknowledged that some aspects of the law might pose tricky legal issues.

Chronicle of Higher Education (Jan. 3, 2002): USC Law Professor Elyn R. Saks argues in her new book, Refusing Care: Forced Treatment and the Rights of the Mentally Ill (University of Chicago Press, 2002), that serious reform is needed in the government's treatment of mentally ill people who prefer to be left alone. "If it's too painful to watch someone suffer when he wants treatment and we decline to give it to him," Saks writes, "why is it not too painful to watch someone suffer when he doesn't want to be treated and we decline to respect his choice?"

Los Angeles Time (Dec. 28, 2002): California prison officials cannot discipline Muslim inmates for attending Friday afternoon prayer services, a federal appeals court has ruled. Constitutional law professor Erwin Chemerinsky said the ruling will have ramifications outside of prisons. He said religious groups would now have a stronger argument if they try to erect a church or synagogue in an area zoned for homes only because a court might rule that the zoning law represents an unwarranted "substantial burden" on freedom of religion.

Los Angeles Time (Dec. 13, 2002): A class of 12 international graduate students are getting lessons in culture shock, as well as in U.S. law, as they pursue LL.M. degrees through USC Law School's newly established program for foreign lawyers. The lawyers, whom Dean Matthew L. Spitzer describes as "the best of the best," are receiving intensive training in American jurisprudence.

The San Diego Union-Tribune (Dec. 10, 2002): California has a critical dearth of legal services for the poor, argues a commentary by USC Law Associate Dean Karen A. Lash and California Court of Appeal Judge Earl Johnson Jr. Lash and Johnson are co-chairs of the California Commission on Access to Justice, which released a study showing that 4.6 million poor Californians do not have their basic civil legal needs met.

Los Angeles Time (Dec. 6, 2002): A federal appeals court upheld California's assault weapons control act, ruling that there is no constitutional right for individuals to keep and bear arms. USC Law Professor Erwin Chemerinsky said the decision "was the most thorough opinion rejecting the review that the 2nd Amendment protects the rights of individuals to possess guns."

Los Angeles Time (Nov. 21, 2002): The state attorney general's office directed a top assistant of Orange County Dist. Atty. Tony Rackauckas to secretly record conversations with fellow employees as part of an investigation of the district attorney's office. USC Law Professor Erwin Chemerinsky said he knows of no similar investigation of a California prosecutor's office. "The whole thing is just extraordinary ... like the plot of a bad movie or something," he said.

Los Angeles Time (Nov. 21, 2002): Nearly 1.5 million poor families in California do not have access to legal assistance, according to a report issued by the California Commission on Access to Justice and co-authored by USC Law Associate Dean Karen Lash, the commission's co-chair. "The statistics may seem cold, but it's impossible to remain complacent about this situation after meeting a family made homeless by an illegal eviction, a senior who lost his home to foreclosure from a crooked loan transaction or a domestic violence victim unable to navigate the courts to get a restraining order," Lash said.

USA Today (Nov. 19, 2002): The U.S. Supreme Court will consider whether California violated the Americans with Disabilities Act and discriminated against Michael J. Hason by refusing to grant him a medical license because he suffers from depression. Hasonâ€™s lawyer, USC Law Professor Erwin Chemerinsky, said the flaws found by the high court in previous cases donâ€™t exist with the public-service section of the disabilities law.

Los Angeles Time (Nov. 19, 2002): A federal appeals court in San Francisco ruled Monday that a Los Angeles coalition of clergy, lawyers and professors cannot press a court challenge on behalf of the Guantanamo Bay prisoners because they have not established a relationship with the detainees. â€œIt is so important that if a person being held by the government canâ€™t sue on his own behalf, that someone can sue on behalf of that person,â€� said USC Law Professor Erwin Chemerinsky, a coalition member. â€œThe decision makes new law that is dangerous.â€�

KNBC (Nov. 16, 2002): USC Law Professor Kathryn Vaclavick appeared on the KNBC news program â€œToday in L.A. Weekend,â€� discussing USC Lawâ€™s Domestic Violence Clinic and its efforts to aid victims of family violence.

Ventura County Star (Nov. 15, 2002): Two doctors at Redding Medical Center are being investigated by the FBI for performing unnecessary surgeries. The case shows that patients should always approach their doctors as "fallible human beings" and seek second opinions, said USC Law Professor Michael Shapiro. "Here's a practical piece of advice to people -- a physician who says don't get a second opinion means you should immediately get a second opinion," Shapiro says. "It's against medical ethics and practices to advise patients not to get a second opinion. That's unprofessional conduct."

San Jose Mercury News (Nov. 15, 2002): The election of Rep. Nancy Pelosi as House minority leader has been seen as a great victory for women, but many say that there is still far to go in the struggle for equality in politics. Fourteen years ago, USC Law Professor Susan Estrich became the first woman to run a presidential campaign. â€œThose of us in our 50s and 60s are looking around for women in their 30s and 40s to try and lead the Democratic party in California,â€� Estrich said. â€œAnd we canâ€™t think of anyone. The same thing is starting to happen in Congress. The reason a lot of us are making a big deal about Nancy Pelosi getting this job is because, unfortunately, it is still a big deal.â€�

Legal Times (Nov. 11, 2002): On Nov. 5, USC Law Professor Erwin Chemerinsky argued before the U.S. Supreme Court that Californiaâ€™s three-strikes law constituted â€œcruel and unusual punishmentâ€� against his client, Leandro Andrade. But the law seems to have passed the intense scrutiny from the conservatives on the court. â€œIf any sentence is disproportionate, this is,â€� Chemerinsky said.

Sacramento Bee (Nov. 11, 2002): Non-U.S. citizens can no longer serve as airport security screeners after the jobs were federalized in response to the Sept. 11 terrorist attacks. But Niels Frenzen, a USC law professor, said these new citizen requirements may violate the constitutional guarantee of equal protection. "There is a concern here because there is presumably no evidence that would suggest immigrants are less trustworthy than citizens," he said.

Bloomberg News (Nov. 7, 2002): The Republican takeover of the Senate increased the leverage that President Bush would have to fill any vacancy on the highest court in the land. The Supreme Court hasnâ€™t had an opening since 1994 â€“ making it the longest stretch without change in membership since 1823. â€œThe odds are overwhelming that there will be a vacancy in the next two years,â€� said USC Law Professor Erwin Chemerinsky, who argued a case at the court on Nov. 5.

New York Times (Nov. 6. 2002): Californiaâ€™s three-strikes law is possibly the harshest in the country, permitting judges to treat third felonies as crimes that would be usually considered misdemeanors, USC Law Professor Erwin Chemerinsky told the U.S. Supreme Court while arguing against the life sentence imposed on his client, Leandro Andrade, for stealing childrenâ€™s videotapes from Kmart. â€œThe punishment here is not just cruel and unusual, it is cruel and unique,â€� Chemerinsky told the court. Coverage of his oral argument also appeared in the Los Angeles Times, Washington Post and USA Today, among other publications.

The Boston Globe (Nov. 4, 2002): On Election Day, Nevadans will consider passing the Marijuana Policy Project-backed Question 9 â€” the most serious challenge to the nationâ€™s marijuana prohibition since the drug was banned by Congress in 1937. â€œThe fact that Question 9 is being considered is fairly momentous right there,â€� said Charles Whitebread, a USC law professor. â€œIf it gets even a serious percentage of the vote, it will say that a serious percentage of Nevadans are skeptical of present criminal prohibitions. That will be the first chink in the armor of those who support criminal prohibition.â€�

CBS â€œThe Early Showâ€� (Nov. 4, 2002): A one-year-old California boy is clinging to life in a case that raises many legal and ethical issues. If the boy is taken off life support as his mother wishes, the father will likely be charged with murder, since he is already charged with felony child abuse. â€œMedical care is utterly futile,â€� said Michael Shapiro, a bioethicist and law professor at USC. â€œIf that is the case, then continuing to provide care to the child is just using that human husk for improper purposes.â€�

Time (Nov. 4, 2002): Polls show that Americans still believe in banning marijuana. â€œYou would think you would get a change, but youâ€™re not going to,â€� says Charles Whitebread, a USC law professor who has written extensively on marijuana law. â€œEven though it did nothing to (adults), the fear that it will somehow pollute their children has made some of the people who used marijuana extremely freely now say â€˜Oh, gee, I wouldnâ€™t be in favor of the change in the legal

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