September 27, 2024 | The Recorder
Why Is California's State Bar Pinching Pennies at the Public's Expense?Protecting the public—not thrift—is the bar's primary regulatory purpose, and its focus on cutting corners has arguably diluted the bar exam from the nation's hardest to something that weakens public protection.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
March 14, 2024 | The Recorder
Guess What? Voters Hate Taxes"The electorate and the legislature share the state's lawmaking power, so the electorate's power to propose and adopt tax laws is at least as broad as the legislature's," write David A. Carrillo and Stephen M. Duvernay of the California Constitution Center at Berkeley Law.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
October 30, 2023 | The Recorder
Gavin Newsom, California's Ambassador"Where is it written that a governor is barred from representing their state's interests abroad?" ask David Carrillo and Stephen Duvernay of the California Constitution Center at Berkeley Law.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
June 08, 2023 | The Recorder
A High-Quality Education Means What, Exactly?"We're not advocating a vote for or against any of the educational quality measures, but we are in favor of clear constitutional commands," write David A. Carrillo and Stephen M. Duvernay.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
November 10, 2022 | The Recorder
Judges Should Not Be PoliticiansThere is one major disadvantage from making it difficult to remove judges, through rules or culture (or both): You can be stuck with a bad actor for life, says David Carrillo and Stephen Duvernay of the California Constitution Center at Berkeley Law.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
September 01, 2022 | The Recorder
Sucks to Be You, General Law CitiesThe legislature is trying to say "look, we did reform the recall," but what this really means is "sucks to be you, general law cities," say Stephen M. Duvernay and Joshua Spivak of the California Constitution Center at Berkeley Law.
By Stephen M. Duvernay and Joshua Spivak
5 minute read
June 23, 2022 | The Recorder
A Big Red Button Is a Good Idea"There's blame all around for those who either created or mishandled the Third District situation. Our point is that making this into a public spectacle makes matters worse in two ways: by delaying a fix for the acute docket delay problem, and inhibiting the judiciary's ability to seek longer-term remedies for the chronic funding problem," says David Carrillo and Stephen Duvernay of California Constitution Center at Berkeley Law.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
November 02, 2021 | The Recorder
The 'Reform' Proposal That Could Extinguish the RecallCalifornia's legislature is considering proposed reforms to the state's process for recalling statewide officers. Some call for increasing the signature requirement and shortening the signature-gathering time for qualifying such recalls.
By David A. Carrillo and Stephen M. Duvernay
6 minute read
July 16, 2020 | The Recorder
Why Isn't California's Legislature Meeting Remotely?"This is a pick-your-plaintiff situation: do nothing and be sued for inaction, or meet remotely and be sued for that," says David Carrillo, the executive director of the California Constitution Center at Berkeley Law, and attorney Stephen M. Duvernay. "Doing the people's work remotely is a better position to defend than neglect of duty."
By David Carrillo and Stephen M. Duvernay
5 minute read
June 29, 2020 | The Recorder
Can the Government Force Americans to Wear Masks?"Ordinarily we would defend a citizen's right to engage in self-destructive behavior. But this is about more than any one person—defying the mask order is bad for everyone," write Stephen M. Duvernay and Brandon V. Stracener of the California Constitution Center at Berkeley Law.
By Stephen M. Duvernay and Brandon V. Stracener
6 minute read