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News for, and by, our local legal community, curated and created by the Santa Clara County Bar. The opinions expressed in this blog are the authors' own and do not necessarily represent or reflect the views of the Santa Clara County Bar Association, its members, its employees, or its governing board.

 

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Supreme Court resumes oral arguments without Justice Scalia

Posted By Administration, Monday, February 22, 2016

Justice Antonin Scalia, who Chief Justice John Robertsmourned as "our man for all seasons."

It was an emotional affair, with Scalia's eight colleagues seated on either side of his empty place on the bench, covered with black memorial drapery. The seat will remain that way until the court's next sitting begins in late March.

"We remember his incisive intellect, his agile wit, and his captivating prose," Roberts said. "But we cannot forget his irrepressible spirit. He was our man for all seasons, and we shall miss him beyond measure."

Read the whole story at USA Today

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How California’s U.S. Senate candidates would handle a Supreme Court nominee

Posted By Administration, Monday, February 22, 2016

President Barack Obama has successfully seated two nominees on the U.S. Supreme Court: Justice Sonia Sotomayor was confirmed 68 to 31, and Justice Elena Kagan by a vote of 63 to 37.

Now, as Obama weighs a replacement for the late Justice Antonin Scalia, among the considerations is whether they could clear the 60-vote threshold generally needed in the U.S. Senate for the high court. Majority Leader Mitch McConnell has said the Senate should not confirm a new justice until Obama leaves office.

The question of how to move forward has divided the U.S. Senate, as well as candidates running for the upper chamber. Following are responses to three questions The Sacramento Bee posed to the four major candidates running for Senate in California, listed in alphabetical order...

Read the whole story at Sac Bee

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Apple vs. the FBI: The Justice Department Fires Back

Posted By Administration, Monday, February 22, 2016

The Justice Department has filed a motion to force Apple to comply with a judge’s order to help the FBI unlock an iPhone that belonged to one of the San Bernardino attackers.  

The motion comes just days after Tim Cook, the Apple CEO, in a letter to customers, described the government’s request as overreach, and called its effect “chilling.” In essence, Cook said: The “U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.”

The Justice Department, in its motion filed Friday before the U.S. District Court for the Central District of California, accused Apple of “repudiating” the order ofMagistrate Judge Sheri Pym.

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The Women Lawyers' Section is co-sponsoring the NAWL Mid-Year Meeting with special rate for members

Posted By Paula Collis, Friday, February 19, 2016
The SCCBA Women Lawyers' Section will be co-sponsors of the National Association of Women Lawyers' Mid-Year Meeting & Awards Luncheon in March in San Francisco, which qualifies SCCBA Members for a 10% discount.

If you wish to take advantage, please click to register, and use registration code MYMWLS2016.
National Association of Women Lawyers' Mid-Year Meeting & Awards Luncheon - Special Rate for Our Members
The Santa Clara County Bar Association Women Lawyers' Section is pleased to be a partnering organization with NAWL’s Mid-Year Meeting & Awards Luncheon March 11-12, 2016 at the JW Marriott San Francisco Union Square. We have arranged a special 10% discount for our members. To register, please go to www.nawl.org/2016midyear and use the code MYMWLS2016 to get the discount.
The theme this year is“Women at the Forefront: Leveraging Innovation in the Legal Profession.”This comprehensive and rich program is relevant to women in all fields of legal practice. The program includes a mix of professional development and substantive sessions, as well as plenty of networking time. Don’t miss the Power Panel, a signature session designed to put an end to the myth that striving for power isn't something "good girls" should do. Our panel will share their experiences and wisdom from their different paths to leadership.
Registration is open to NAWL members and non-members; please share this email with others who might be interested. For additional information about NAWL and the Mid-Year Meeting, visit www.nawl.org.

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Panel Revokes Habeas Relief Based on Removal of Black Jurors

Posted By Administration, Friday, February 19, 2016

The U.S. Court of Appeals for the Ninth Circuit on Thursday flipped a habeas decision from an Oakland federal judge who granted a petition for a new trial in a 1998 felony murder case based on state prosecutors' decision to strike black jurors.

U.S. District Judge Phyllis Hamilton granted habeas relief to Miguel Sifuentes in 2013, finding that the trial judge in state court had incorrectly determined that prosecutors' reasons for striking two black jurors weren't racially motivated.

But in Thursday's decision, Circuit Judge Sandra Ikuta wrote that Hamilton gave too little deference to the state court judge and the California Court of Appeal, which had previously found that the lead prosecutor offered acceptable, race-neutral reasons for the strikes.

Read the whole story at The Recorder

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How Tim Cook, in iPhone Battle, Became a Bulwark for Digital Privacy

Posted By Administration, Friday, February 19, 2016

SAN FRANCISCO — Letters from around the globe began pouring into the inbox of Timothy D. Cook not long after the publication of the first revelations from Edward J. Snowden about mass government surveillance.

Do you know how much privacy means to us? they asked Apple’s chief executive. Do you understand?

Mr. Cook did. He was proud that Apple sold physical products — phones, tablets and laptops — and did not traffic in the intimate, digital details of its customers’ lives.

That stance crystallized on Tuesday when Mr. Cook huddled for hours with lawyers and others at Apple’s headquarters to figure out how to respond to a federal court order requiring the company to let the United States government break into the iPhone of one of the gunmen in a San Bernardino, Calif., mass shooting. Late Tuesday, Mr. Cook took the fight public with a letter to customers that he personally signed.

Read the whole story at NY Times

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Court order in San Bernardino case could force Apple to jeopardize phone security

Posted By Administration, Thursday, February 18, 2016

Cybersecurity experts warned Wednesday that the battle over a court order requiring Apple to help the FBI access encrypted data on a cellphone belonging to the couple who killed 14 people in San Bernardino will have far-reaching consequences for the tech industry. The dispute, the latest chapter in a long-brewing battle between Silicon Valley and Washington, D.C., over the tech industry's role in combating terror plots, will now shift from a philosophical disagreement to a very real courthouse fight after Apple said it would not comply with the order.

Read the whole story at LA Times

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President Raises Stakes in Supreme Court Nominee Battle

Posted By Administration, Wednesday, February 17, 2016

RANCHO MIRAGE, Calif. — President Obama on Tuesday challenged Republicans to offer a plausible rationale for refusing to consider aSupreme Court candidate to replace Justice Antonin Scalia, and he pledged to nominate someone with an “outstanding legal mind” who cares about democracy and the rule of law.

“The Constitution is pretty clear about what is supposed to happen now,” Mr. Obama said during a news conference after a meeting in California with leaders of Southeast Asia. He said the Constitution demanded that a president nominate someone for the court and the Senate either confirms or rejects. “There’s no unwritten law that says that it can only be done on off years,” Mr. Obama said. “That’s not in the constitutional text.”

Read the whole story at The New York Times

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Kamala Harris Not Interested in a U.S. Supreme Court Nomination

Posted By Administration, Wednesday, February 17, 2016

California Attorney General Kamala Harris today threw cold water on speculation that she may be on President Obama’s short list for nomination to the U.S. Supreme Court. Harris said — point blank — she only wants to run for the U.S. Senate.

During a campaign stop at SEIU Local 521 headquarters in San Jose Tuesday morning, Harris stressed she had no interest in being nominated by President Obama for the U.S. Supreme Court after the sudden and unexpected death of Justice Antonin Scalia.

“I’m not putting my name in for consideration, I do not wish to be considered, I’m running for United States Senate,” said Harris.

This past weekend, Harris’ name started circulating at warp speed after former Obama White House adviser David Axelrod mentioned her on a news show discussing Scalia’s potential replacement.

Read the whole story at KQED

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Apple Fights Order to Unlock San Bernardino Shooter's iPhone

Posted By Administration, Wednesday, February 17, 2016

Apple is fiercely opposing a court order to unlock the iPhone used by one of the San Bernardino shooters, accusing the federal government of an "overreach" that could potentially breach the privacy of millions of customers.

CEO Tim Cook published a bullish open letter late Tuesday, pledging to fight a judge's ruling that it should give FBI investigators access to encrypted data on the device.

"The government is asking Apple to hack our own users and undermine decades of security advancements that protect our customers — including tens of millions of American citizens — from sophisticated hackers and cybercriminals," Cook wrote, calling the ruling a "dangerous precedent."

The U.S. Attorney's Office in Los Angeles argued the FBI needed Apple to help it find the password and access "relevant, critical … data" on the locked cellphone of Syed Farook, who with his wife Tashfeen Malik murdered 14 people in San Bernardino, California, on Dec. 2. 

Read the whole story at NBC News

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more Calendar

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How to Draft a Custody Order

4/26/2018
Diversity Happy Hour

5/2/2018
Fourth Annual Law Day Mixer

Recent Recognitions
Golnesa MonazamfarBarrister of the Year 2017
Steven B. Haley2017 Professional Lawyer of the Year

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