In the Media

Pacific McGeorge faculty are sought-after legal experts, committing a portion of their time to helping the community understand complex legal issues through media channels. The following are recent media commentary on an array of timely legal questions.

• Raquel Aldana was quoted in an article on diverseeducation.com about Thomas Jefferson School of Law assistant professor Luz Herrera who pioneered a low bono program in southern California "Her vision, pedigree and legitimacy, from having done it and struggled through this in an area like Compton, makes her a leader in this field."
• Clark Kelso was quoted in his role as federal receiver for the state prison health system on Jan. 28, 2013, in the San Francisco Chronicle. In response to positive statements by the governor, he said, "There is no persuasive evidence that a constitutional level of medical care has been achieved."
• Brian Landsberg was interviewed by KCRA Channel 3 on Jan. 3, 2013, and discussed the potential legal problems a state legislator's proposed bill to make the homeless a protected class would create. Even if it became law, he questioned how homeless could prove city ordinances were discriminatory. "So, if we say that you can't have camp sites at night on the American River Parkway, that's not directed," he said. "That applies to everybody."
• Brian Landsberg was interviewed by KXTL Channel 40 on Jan. 22, 2013, and discussed the complications involved in President Obama's broad gun-control proposals in the face of the stated intent of some local sheriffs to not enforce such laws.
• Larry Levine was quoted in the Sacramento Bee on Jan. 24, 2013 in an article about the legal issues involved in the sale of the Sacramento Kings franchise. Even though the deal involves a nonrefundable $30 million deposit, he said the Seattle businessman trying to buy the team would have "an uphill battle," if he tried to sue the NBA for shooting down the proposed move of the team.
• John Myers was quoted on Jan. 5, 2012, in the Sacramento Bee in a story about a rape conviction thrown out of because of a rarely used law. He said that an arcane 19th century rape statute probably let a defendant off the hook and may need to be rewritten.
• John Myers was interviewed on Jan. 23, 2013, by KOVR Channel13 and explained the legal rationale behind the release of a mother who killed her child from a mental institution. "I understand why people would be upset, but what you have to understand is a verdict of not guilty by reason of insanity, means not guilty." He said the circumstances are rare, but the judge had the right to release her.
• Paul Paton wrote a column about the alleged misconduct of a Canadian province chief justice, "Inquiry or Witch Hunt?," which appeared in the December issue of Lexpert magazine.
• John Sims was interviewed on Jan. 16, 2013, by KOVR Channel 13 and discussed President Obama's broad gun-control proposals that had been announced earlier in the day.
• Brian Slocum was interviewed by KOVR Channel 13 for a "Call Kurtis" segment that was telecast on Jan. 9, 2013, which involved a company renting credit card machines charging exorbitant fees. After examining a rental contract, he said, "The company might win on that point [a late-return-of-equipment], but the charges that they are claiming are outrageous."
• John Sprankling was interviewed by KCRA 3 on Jan. 31, 2013, and discussed whether the right of first refusal for minority owners of the Sacramento Kings could be a stumbling block for their proposed sale to Seattle interests. "In theory, it could be a complete roadblock," And he said a minority partner's interest available in a bankruptcy sale could carry rights of first refusal with it.
• Michael Vitiello was quoted extensively on Jan. 28 in the Modesto Bee about the release of a woman from a mental institution who was found not guilty by reason of insanity in an infanticide case two years ago. "It's really unusual to be released that early," he said. "There must have been something particularly compelling to recover from a psychotic break. "It's not a get-out-of-jail-free ticket. The judge was following the law."
• Leslie Gielow Jacobs was interviewed on Dec. 8, 2012, by KFBK 1530 about the Supreme Court's decision to take the Proposition 8 and DOMA case. She explained the possible outcomes of the high court's acceptance to take on the same-sex marriage issue.
• Larry Levinewas quoted on Dec. 8, 2012, in the Stockton Record in a story about the University of the Pacific's connections (Ted Olson, Andy Pugno, Justice Anthony Kennedy) to the Proposition 8 case going before the Supreme Court. "Few would doubt that this is one of the major civil rights battles of our time," he said. "And to have Pacific represented by both sides of the argument and a justice is laudable."
  • Levine defended California's judicial system in an interview with KXTV Channel 10 on Dec. 14, 2012. "We have better safety, and we have better products because of these class-action lawsuits," he said, in a response to a tort reform watchdog group's criticism of the state. "What we often hear about are the lawsuits that are filed. But we don't follow up and learn that they've been dismissed by these judges that are being classified as part of a 'judicial hellhole'," he added.
• John Sims was interviewed about Supreme Court's agreement to take the Proposition 8 case and DOMA case and asked about Justice Anthony Kennedy's likely role in the outcome by KCRA Channel 3 and KXTL Channel 40 on Dec. 8, 2012. "Justice Kennedy has written the two leading opinions supporting equal protection for gays and lesbians… therefore, I wouldn't consider him a total swing vote. But he hasn't addressed marriage equality before," he told the latter TV station.
• Michael Vitiello was quoted on Dec. 11, 2012 in the Modesto Bee about a woman who shot her husband and claims self-defense. "Using the defense of battered woman syndrome means the victim must have the perception she needed to use deadly force. A history of physical abuse can enhance that perception, but not emotional abuse.
• Fred Galves was quoted extensively on Nov. 18, 2012, in The Pueblo Chieftain (Colo.) in an article about his book, Genesis Reloaded: Questioning a Literal Interpretation of the Bible. "I started to make the distinction between worshipping God and worshipping the Bible," he said, explaining his inspiration for writing the theological work.
• Leslie Jacobs was interviewed on Nov. 30, 2012, by KFBK 1530 and discussed the likelihood that the Supreme Court would decide to hear two potentially landmark cases concerning same-sex marriage.
• Brian Slocum appeared on a "Call Kurtis" segment of KOVR Channel 13 on Nov. 15, 2012, to discuss the rights of a woman who ordered a piece of baseball memorabilia for a set price only to have the vendor try to up the price later. "Once they accept her offer, they have to live up to their promise," he said. "If the item has increased in value, she is the one entitled to that benefit, to that profit."
• Fred Galves was interviewed on Oct. 4, 2012, by KCRA Channel 3 about the attorneys' fees that dwarfed the damages in a settlement between homeless people and the city of Sacramento. "It's a red flag," he said. "It also sometimes offends our sense of justice when it costs more money to get the remedy than the remedy itself."
• Clark Kelso was quoted in his role as federal receiver for the state prison healthcare system on Oct. 25, 2012, in the Los Angeles Times. "You're never going to find out if the state has the will and capacity to maintain improvement unless you take your hands off the wheel and turn the car over," he said, in announcing that some of his operations will be going back to state control soon.
• Larry Levine was interviewed by BBC TV on Oct. 1, 2012, regarding liability for autonomously driven cars. If that concept comes to fruition, it will definitely be a challenge to current tort law, he said.
• Paul Paton was quoted extensively on Oct. 17, 2012, in InsideTrack, a publication of the State Bar of Wisconsin, on his remarks about the future of the profession at a bar event the previous month. "One of the biggest concerns for the traditional practitioner, particularly solo and small practitioners, has to be an outfit like LegalZoom, which announced plans last spring for an initial public offering to raise revenue," he said.
• Michael Vitiello was quoted on Oct. 15, 2012, in an Associated Press story about a lawyer who alleged that she was passed over for teaching positions at the University of Iowa College of Law because of her legal work for anti-abortion groups. "There are something interesting, see conservatives suing on job discrimination claims because suddenly they are portraying themselves as victims," he said. The story ran in many Midwest newspapers.
• Clark Kelso was quoted in his role as federal receiver for the state's prison health care system on May 9 in a Metropolitan News-Enterprise wire service. He outlined four conditions the state should be required to meet before the receivership is terminated.
• Brian Landsberg spoke on the effect of the Supreme Court's Citizens United decision on May 10 at a program on "Super PACS" sponsored by the Sacramento chapter of the American Constitution Society.
• Elizabeth Rindskopf Parker appeared on the KVIE Channel 6 "Studio Sacramento" program on May 25 and discussed her decade of service as the dean of Pacific McGeorge and her views on its future and that of the Sacramento area.
• Raquel Aldana appeared on April 30 on NPR's "Latino USA" program and talked about the challenges facing undocumented law students who aspire to admission to a state bar.
• Michael Colatrella did a lengthy Q&A, dispensing tips on becoming a better negotiator, which appeared on April 15 in a Sacramento Bee column, "Improve Your 'Let's Make Deal' Skills." The feature was picked up by many news services all over the country.
• Michael Colatrella was a guest on Capital Public Radio's "Insight" program on April 25 and discussed the topic of negotiation and the upcoming Advanced Negotiation Workshop at Pacific McGeorge.
• Omar Dajani was interviewed by KOVR Channel 13 on April 5 in a Call Kurtis segment about a man whose car was damaged while at an auction house. "It's one of the worst written contracts that I've seen in a while," he said, when he examined the contract's damage waiver. "The auctioneer needed to list some specific claims."
• Brian Landsberg was quoted on April 2 in an Associated Press story about an Arizona sheriff's settlement talks with the Department of Justice involving civil rights violation allegations. "If it goes to trial and he loses, then the court could impose more onerous sanctions," he said, noting that one incentive for settling a civil rights case is so police agencies can help shape the settlements they'll have to operate under.
• John Myers was quoted on April 5 in the Sacramento Bee about the lockup of a juvenile by authorities to ensure her testimony against her convicted felon attacker. "Sometimes the balance is struck in favor of the prosecution for the protection of all the other women out there who would be preyed upon by this guy if the state's evidence is really the way it is," he said. "Sometimes, that means a witness has to be severely inconvenienced."
  • John was interviewed the same day by KTXL Fox 40 on the same subject. "On occasion, the only way to protect the community is to insist that victims testify," he said.
  • John was interviewed on April 16 by KPCC 89.3 Southern California Public Radio about the same case, which had victims' rights advocates up in arms. He explained a district attorney's job is to represent the people, not the victim.
  • John was quoted on April 10 in the Sacramento Bee on the significance of the release without bail of a mother arrested by police on suspicion of killing her 2-year-old daughter. "The police make an arrest when they have probable cause," Sometimes, the probable cause stands up. Sometimes, the DA says, 'We need more time.' "
  • John commented on a temporary restraining order issued against the same mother to prevent her from seeing her other child on April 12 in the Sacramento Bee.
  • John was quoted on April 18 in the Sacramento Bee about the propriety of taking voluntary DNA samples from juveniles without parental consent in the investigation of a 13-year-old's murder. "I can't find anything that says (law enforcement officers) have to get parental consent," he said.
• Elizabeth Rindskopf Parker was quoted on April 6 in a Los Angeles Daily Journal article on the statewide decline in California law school enrollments. "It's been kind of a roller-coaster for everyone," she said. "We had decided our law school needed to reduce its annual class size, but we did not want to get quite this small, [this quickly]."
• John Sims was interviewed by KFBK 1350 on April 2 about a federal appeals court ruling that upheld Proposition 209, California's ban on using race, ethnicity and gender in admitting students to public colleges and universities.
  • John appeared on Capital Public Radio's "Insight" program on April 12 and discussed the issue of redacted policemen's names in public inquiry reports on the UC Davis pepper spraying incident.
• Michael Vitiello was quoted on April 11 in the Stockton Record about a father and son arrested for a gang-related slaying. Fathers a ael was quoted on April 16 in the Sacramento Bee about a federal crackdown on marijuana shops in San Francisco. He said many dispensaries getting closure letters are highly visible establishments, "most likely to be complying with state and local regulations and paying taxes."
  • Michael was interviewed by KFBK 1530 on April 17 and discussed the legal issues involved in taking DNA samples from juveniles without parental consent.