On today’s episode of The CAP·impact Podcast I talk with Professor of Law and Director of the Immigration Clinic at Western State College of Law Jennifer Koh. Professor Koh’s work at the intersection of criminal law and immigration law is prolific, so there was a lot of ground for us to cover.

One newer project that she is working on is the Orange County Justice Fund, which was formed to raise the money to ensure that immigrants that call Orange County home can have an attorney represent them in immigration proceedings, rather than have to defend themselves in immigration court. In the interview we talk about the gap in federal law that created the need for OCJF.

We also talk about California’s sanctuary state law – SB 54. The school where Professor Koh teaches as, Western State College of Law, is in Irvine, California. From Irvine, Professor Koh was able to witness first-hand a series of cities in Orange County pass ordinances stating that the city would be opting-out of enforcing that state law. We talk about what authority cities have to do that, if at all.

Last, but certainly not least, we get the opportunity to talk about what it’s like to be cited in a United State Supreme Court Decision by none other than the Notorious RBG, Justice Ruth Bader Ginsburg.

I hope you have as much fun listening to the conversation as I did having it with Professor Koh. If you are interested in keeping up with the work that Professor Koh does, there are a couple places you can find her. You can find her on Twitter @jenniferleekoh and you can also refer to her faculty page for more information about her work and research as well.

And, as always, if you enjoyed today’s conversation, please take the time to leave us a five-star rating on Apple PodcastsiTunes, Stitcher Radio and subscribe to our show wherever you listen to podcasts. All of that makes The CAP⋅impact Podcast easier to find and more accessible.

You can also get in touch with us and let us know what you thought about today’s show, the new show format, and what you think about the show generally on Facebook and Twitter. Just like CAP⋅impact on Facebook or follow @CAPimpactCA on Twitter.

The CAP⋅impact Podcast is made possible by the Capital Center for Law & Policy at McGeorge School of Law in Sacramento, California. You can learn more about the Capital Center here, and keep up with the Capital Center on Facebook and Twitter.

New year, new style! We are shifting our focus on The CAP·impact Podcast from exclusively looking under the capitol dome in California and the surround sprawl of government buildings that make California’s state government to look at the tangible impacts legal academics are having on public policy at the local, state, and federal level all over the United States.

We are kicking this new series off with an interview with Texas A&M Professor Saurabh Vishnubhakat, who has helped in  refining PTAB – Patent Trial and Appeal Board – adjudication process for patents that takes place within the U.S. Patent Office. He is a former agency advisor and his work has been extensively cited. Prof. Vishnubhakat has been cited in Federal Circuit opinions, Patent Office rulemaking, Federal Trade Commission and U.S. Government Accountability Office reports on the patent system, as well more than twenty U.S. Supreme Court briefs on 10 different patent cases.

You can find his work on his Texas A&M faculty page or on his website vishnubhakat.org.

As always, if you enjoyed today’s episode, please take the time to leave us a five-star rating on Apple PodcastsiTunes, Stitcher Radio and subscribe to our show wherever you listen to podcasts. All of that makes The CAP⋅impact Podcast easier to find and more accessible.

You can also get in touch with us and let us know what you thought about today’s show, the new show format, and what you think about the show generally on Facebook and Twitter. Just like CAP⋅impact on Facebook or follow @CAPimpactCA on Twitter.

The CAP⋅impact Podcast is made possible by the Capital Center for Law & Policy at McGeorge School of Law in Sacramento, California. You can learn more about the Capital Center here, and keep up with the Capital Center on Facebook and Twitter.

McGeorge School of Law brought together a panel of judges and justices from across the United States and the world to discuss issues of constitutional law and justice to celebrate a $1 million gift to the school from the Tsakopoulos Family Foundation. The gift created the new Justice Anthony M. Kennedy Endowed Chair at McGeorge School of Law, and the panel features retired U.S. Supreme Court Justice Anthony Kennedy, international Judge Ann Power-Forde, former California Supreme Court Justice Joseph Grodin, and Judge Dr. Wolfgang Brandstetter of the Constitutional Court of the Republic of Austria.

Before diving in to the storm of links, thank you to Cogent Legal for live streaming and recording audio at the Justices on Justice event.

As always, if you enjoyed today’s episode, please take the time to leave us a five-star rating on iTunes, Apple Podcasts, or Stitcher Radio, and subscribe to our show wherever you listen to podcasts. All of that makes The CAP⋅impact Podcast easier to find and more accessible.

You can also stay in touch with us and let us know what you thought about today’s show and think about the show generally on Facebook and Twitter. Just like CAP⋅impact on Facebook or follow @CAPimpactCA on Twitter.

The CAP⋅impact Podcast is made possible by the Capital Center for Law & Policy at McGeorge School of Law in Sacramento, California. You can learn more about the Capital Center here, and keep up with the Capital Center on Facebook and Twitter.

Even though this Monday’s Justices on Justice is sold out, do not despair. There are still ways you can be a part of the conversation. If you want to experience the event in person there will be some overflow seating for the event in the Courtroom at McGeorge School of Law, where there will be a live simulcast. If you aren’t able to make it McGeorge on Monday but still want to watch it live, you can watch the event from the comfort of your own home via our live stream. If you are not able to enjoy the event live, you will be able to watch in its entirety on McGeorge’s YouTube page or listen to Justices on Justice on The CAP⋅impact Podcast.

This events celebrates the newly created Justice Anthony M. Kennedy Endowed Chair, which is made possible by a $1 million gift from the Tsakopoulos Family Foundation, which was doubled by the university’s Powell Fund match to create a $2 million endowment. Angelo K. and Sofia Tsakopoulos are longtime friends of Anthony and Mary Kennedy and the McGeorge School of Law. Kyriakos Tsakopoulos is a 1997 McGeorge alumnus. The Endowed Chair will provide the resources to bring prominent faculty to McGeorge to teach and advance legal thinking through scholarship and leadership in the legal community.

The event is a panel discussion moderated by McGeorge School of Law Professor, Constitutional Law expert, and Capital Center Director Leslie Gielow Jacobs. The panelists are Associate Justice of the United States Supreme Court Anthony Kennedy (retired), Presiding Judge of the Constitutional Court Chamber at the Kosovo Specialist Chambers in The Hague Ann Power-Forde, Justice of the California Supreme Court Joseph Grodin, and Judge in the Constitutional Court of the Republic of Austria Dr. Wolfgang Brandstetter.

We look forward to having you join us either in person or online for this event.

Here’s our rundown of the news we’ve been reading and thinking about this week. While we try to seek out stories that aren’t the main story line of the week, sometimes the big story is just unavoidable.

 

 

 

CNBC

Elon Musk mocks SEC as ‘Shortseller Enrichment Commission’ days after settling fraud charges by Sara Salinas and Christine Wang

Jon’s take: Maybe it’s a good thing that Elon Musk is being forced to step from Chairman of the Board at Tesla. In terms of creativity and thinking about ways to approach major societal problems, I still think he’s a genius. That said, between his 420 tweet that got him and Tesla into this mess originally and now another tweet mocking the SEC after settling with them – both of which had a negative impact on Tesla stock – I’m inclined to think that he maybe shouldn’t be running the day-to-day of the company.

 

 

 

NBC News

Some undecided GOP senators on Kavanaugh call FBI report ‘reassuring’ and ‘thorough’ by Rebecca Shabad and Frank Thorp V

Molly’s take: A week long investigation is thorough according to key GOP senators on the confirmation vote for Judge Kavanaugh. Today, of course, Kavanaugh passed a symbolic hurdle and was moved forward to the next step of being the next Supreme Court Justice when the U.S. Senate voted to end debate on his nomination. As someone who has watched the hearings closely, Kavanaugh’s professionalism is concerning. Do we want someone so swayed by politics as the next “independent” judge on the highest court in the United States? 51 Senators said yes.

Whether or not Kavanaugh is confirmed, this is an important and eye opening experience. Watching Senators push through a rushed investigation to confirm a man accused of a heinous act is disheartening to say the least. More so, do I feel like we should look at the ABA’s Rules of Judicial Conduct… does he meet those standards?

Now, I feel as if I can only watch as he gets closer and closer to the highest bench, and politicians who led the outcry for a thorough investigation of Clinton’s emails, step back and call a week long investigation sufficient.

On today’s episode of The CAP⋅impact Podcast we talk with Maggy Krell, Chief Legal Counsel for Planned Parenthood Affiliates of California about the impact of US Supreme Court Justice Anthony Kennedy’s retirement from the highest court in the nation, the potential impact of Judge Brett Kavanaugh’s confirmation to the Supreme Court, the numerous attempted and proposed changes to healthcare policy at the federal level, and what all of that means for Californians.

We also talk with McGeorge Professor Ederlina Co about SB 320 by State Senator Connie Leyva (D – Chino), which recently passed the California Legislature and is awaiting Governor Brown’s signature, and the significance of that bill in light what has been going on in Congress and at the federal level in regards to healthcare.

As always, if you enjoyed today’s episode, please take the time to leave us a five-star rating on iTunes or Apple Podcasts and subscribe to our show wherever you listen to podcasts. All of that helps other people find the show.

You can stay in touch with us and let us know what you think about the show on Facebook and Twitter. Just like CAP impact on Facebook or follow @CAPimpactCA on Twitter.

And last but not least, you can learn more about the Capital Center for Law and Policy at McGeorge School of Law here.

Yesterday, President Trump announced that Judge Brett Kavanaugh will be the nominee to fill the seat on the Supreme Court vacated by the retiring Justice Anthony Kennedy. Right after the news about the nomination broke, McGeorge School of Law Professor Clark Kelso spoke with KCRA about the nomination and what to expect from the nominee to be the Supreme Court’s newest Justice.

At 53 years old, Judge Kavanaugh falls in the age range that Capital Center Director Professor Leslie Gielow Jacobs predicted the nominee would fall in, telling Insight’s Beth Ruyak, “I would predict the next Justice would be late forties, early fifties.”

Earlier today, Professor Leslie Gielow Jacobs – Director of the Capital Center for Law & Policy at McGeorge School of Law – offered her reaction to Justice Kennedy’s announcement that he will be retiring from the Supreme Court of the United States, effective July 31, 2018. She gave her thoughts on the Capital Public Radio program Insight with Beth Ruyak. You can find some excerpts from her conversation with Beth below, and you can find the entirety of their conversation here.

On the space Justice Kennedy occupied on the Court:

“I have a fond place in my heart for what we call ‘swing justices.’ That is, if you’re the person in the middle, you’re certainly looking very, very carefully at the facts of each case the circumstances. That might cause you to go one way or another and you’re not as strict, maybe, ideologically one way or the other.”

On which cases will be Justice Kennedy’s legacy:

“Gay marriage is the biggest change. He was the one who came on to the Court and began writing these opinions and he was always assigned the majority opinion in that area of interpreting the Constitution, and the Equal Protection Clause, and gay rights. His influence there is profound. … If I had to choose a legacy, it’d be the gay rights cases.”

On things to look for in the next nominee for the Supreme Court:

“I would predict the next Justice would be late forties, early fifties.”

 

 

 

On Monday, May 14th, the Supreme Court published their decision to legalize sports betting from a case arising in New Jersey. However, that does not mean Americans can start placing their bets.

In a 6-3 ruling, the Supreme Court decision states that “[p]rovisions of the Professional and Amateur Sports Protection Act that prohibit state authorization and licensing of sports gambling schemes violate the Constitution’s anticommandeering rule.” This means that it is unconstitutional to prohibit states from legalizing sports betting, not that sports betting is now legalized across the country.

“The decision by the Supreme Court affirms that the choice to legalize sports wagering is one for the states to make for themselves,” State Assemblyman Adam Gray, D-Merced stated. Gray proposed a state constitutional amendment that would authorize sports wagering. But that amendment must make its way through the Legislature and California voters would then have to approve it. And as CALmatters’ Dan Morain points out, “that amendment faces many hurdles in the Legislature and voters would have to approve it. The soonest that could happen is 2020.”

With a major industry being legalized, parties are jumping to get a piece of the revenue. Several interest groups have begun to weigh in from tribal communities to online gambling websites (video link) – all showing support for the legalization.

Major sports leagues such as the MLB and NBA have been lobbying for legalization heavily across the states after the Supreme Court agreed to hear the case last June. Their lobbying also includes an addition called an ‘integrity fee’ for bets placed as well as a mandate that requires casinos buy real-time data from the leagues themselves.

As sports betting is legalized major parties are constructing ways to profit from the industry, including the government. The American Gaming Association estimates wagering at about $150 billion per year. By regulating the industry, the state of California and local governments could then tax sports gambling, producing more taxpayer money to fund programs.

So what does this mean for Californians? Sports betting is not legalized, so don’t place your bets… yet.

 

 

 

It looks like Justice Anthony Kennedy will provide the key vote again, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued today in the U.S. Supreme Court.  The case pits a cake baker’s free speech claim against the state’s efforts to provide equal access to goods and services regardless of the customer’s sexual orientation.  Listen as two McGeorge School of Law professors, Larry Levine and John Sims, talk about Justice Anthony Kennedy, and his LGBT civil rights legacy on the Supreme Court.