July 02, 2021 | The Recorder
President Biden, Look West to Replace Justice BreyerAppointing Justice Kruger, who has executive branch experience and currently sits on a western state high court, would be a victory for diversity on several important fronts, say David Carrillo and Brandon Stracener of the California Constitution Center at Berkeley Law.
By David A. Carrillo and Brandon V. Stracener
5 minute read
February 26, 2021 | The Recorder
Local Taxes Have Lots of Untapped PotentialThe power of local voters to impose taxes on themselves by majority vote using the initiative power might be here to stay.
By David A. Carrillo and Darien Shanske
6 minute read
January 06, 2021 | The Recorder
The California Supreme Court Can Fix Our Broken Bail SystemNo one should argue for eliminating surety bail entirely; that would undercut an accused's due process protections. Bail is a long-standing absolute right. The question is whether and how cash bail will survive, says David A. Carrillo and Nicholas Cotter of the California Constitution Center, Berkeley Law School.
By Nicholas Cotter and David A. Carrillo
6 minute read
May 27, 2020 | The Recorder
Remote Jury Trials Are Possible, but Maybe Not the Best IdeaWhile remote jury trials are technically feasible and legally plausible, the twin risks of procedural injustice and rampant retrials reduce their appeal.
By David A. Carrillo and Matthew Stanford
7 minute read
April 17, 2020 | The Recorder
All of a Sudden, Everyone Loves the Tenth AmendmentLong relegated to a quiet corner full of dusty academics like us, the Tenth Amendment has roared back into public life recently, with noted conservative and liberal luminaries alike relying on it to rebut the current administration's absurd initial claim that federal authority can countermand state quarantine orders.
By David A. Carrillo and Matthew Stanford
7 minute read
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