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Posts by Mark Wilson

California’s Redistricting Scheme Creates Nervous Incumbents

Posted 138 days ago by Mark Wilson

Sometime this year, states will have redrawn their congressional districts to reflect population changes. How each state draws its districts is a matter of state law and necessarily varies by state. It’s also a matter of political scheming, as drawing electoral districts is one way that representatives can game the electoral system, ensuring that some people get reelected, certain groups’ electoral power is diluted, or a particular party remains in power forever. Last decade gerrymandering created districts that skewed heavily Democratic or heavily Republican, entrenching one party in one district. Fed up with this, voters used California’s ballot initiative system to change the way districts were drawn. Proposition 11, passed in 2008, took redistricting power away from the legislature and placed it in the hands of a non-partisan group of retired judges and other people generally believed to be above the partisan fray. However, during the public comment period, some Democratic incumbents created astroturf groups designed to look after their interests.

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Taking Bloggers Seriously

Posted 160 days ago by Mark Wilson

Is a blogger a journalist? In Oregon, apparently not. On November 30, 2011, Judge Marco Hernandez of the U.S. District Court for the District of Oregon ruled that Crystal Cox, “a self-proclaimed ‘investigative blogger’” was not entitled to the protection of Oregon’s journalist shield laws. This country needs to start taking investigative journalism seriously again. One way to start is by giving independent journalists, who are eager to do the work that the “mainstream media” can’t or won’t do, the same legal protections as old-timey journalists.

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The Pitfalls of Direct Democracy

Posted 173 days ago by Mark Wilson

Some states have mechanisms in which the electorate takes on the role of the legislature, passing laws or amending the state’s constitution with a simple majority vote. California’s voter initiative system was cited by former California Supreme Court Chief Justice Ronald M. George as the reason for our state government being “dysfunctional.” The freedom to choose also involves the freedom to choose poorly. But does that mean it should?

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Occupy, Qualified Immunity, and Cell Phone Cameras

Posted 182 days ago by Mark Wilson

Cell phone cameras will make it harder for civil rights defendants to use qualified immunity as a defense against allegations of excessive force.

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Old and Busted: Poll Taxes; New Hotness: Voter ID

Posted 196 days ago by Mark Wilson

On paper, voter ID requirements might seem like a good idea, and voter fraud seems like a good reason to institute those requirements. But in reality, voter ID requirements end up disenfranchising minorities, the homeless, and the elderly. The story of the tenuous relationship between “voter fraud” and voter ID speaks not to a systematic abuse of the electoral system, but a sinister attempt to cull the rolls of people who vote for the wrong party.

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Occupy Oakland Gets Evicted

Posted 208 days ago by Mark Wilson

(Drafted yesterday evening) I’m writing this from Bay Area Rapid Transit (BART), the San Francisco Bay Area subway system. As I write, the Oakland City Center/12th Street station is closed due to a “civil disturbance” arising out of the Occupy Oakland protest. Early Tuesday morning, Oakland police raided Occupy Oakland’s tent city in Frank Ogawa Plaza, the heart of Oakland’s city government. The protest — now a sort of meta-protest — continues, which means my train won’t stop at 12th Street station.

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Terrorist Suspect Tried in Civilian Court; Head for the Hills!

Posted 216 days ago by Mark Wilson

Last week, the “underwear bomber,” also known not nearly so well by the name Umar Farouk Abdulmutallab, pleaded guilty to eight charges in a Detroit courtroom. Then, without warning, terrorists burst into the courtroom and blew up the entire building. Congress banded together, speaking in one voice, and passed a bill that required terrorism suspects to be tried in off-shore military tribunals.

Okay, so it’s pretty clear by now that I made that story up. Obviously Congress would never band together for anything.

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Gov. Brown Vetoes Cell Phone Protections

Posted 223 days ago by Mark Wilson

But how long after an arrest can the police search a cell phone? Earlier this year, California grappled with People v. Diaz, 51 Cal.4th 84 (2011) and concluded that even ninety minutes after an arrest, when the phone is safely stored far away from the suspect and the danger of destruction is effectively zero, the police could search the contents of a cell phone without a warrant.

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On the Propriety of the U.S. Assassinating a U.S. Citizen

Posted 231 days ago by Mark Wilson

Make no mistake: there are people out there who don’t like the United States and are certainly plotting against it. It could very well be that al-Awlaki was very high up on the terrorist org-chart. But when it comes to assassinating a U.S. citizen, the burden rests on the government to show that its American target had indeed relinquished U.S. citizenship, within the parameters of some kind of adversarial proceeding. Without this, we’re left with a government that can decide, behind the opaque curtain of state secrets, which of its citizens live and which are blown up by a remote-control drone.

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I Can Has Class Actions?

Posted 238 days ago by Mark Wilson

Arbitration costs are much higher than court fees (and if the corporation wins, it will ask that the loser also pay the winner’s arbitration costs). Arbitration is also exceedingly unfair: an arbitrator finds for the party paying him or her far more often than for the other party. This arrangement benefits corporations; after all, they’re paying for the arbitration. It also puts more than a few thumbs on the scale of justice, as arbitration settlements are just as enforceable, and just as res judicata, as the ruling of a regular court, but without the court’s impartiality, at least according to Chief Justice Neely, formerly of the West Virginia Supreme Court.

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