FPPC fine for good-faith attempts to comply with the law

By Professor Laurie Levenson

Los Angeles Mayor Antonio Villaraigosa's recent agreement with the Fair Political Practices Commission (FPPC) to pay $42,000 to cover the costs of gifts he received, but had not reported, highlights the need for that agency to clarify its regulations. The taxpayers expect the mayor to be a strong presence in this city and even nationally. To do so, he will inevitably be attending events in which he has a "ceremonial role." Technically, if he is performing such a role, the reporting act requirements are not triggered. The big problem is that there is no clear definition as to when an official act is a "ceremonial role."

An infinite number of examples come to mind. How about when the mayor throws out the first pitch at Dodger Stadium or presents a plaque to sponsors of a Lakers game? How about free tickets to Disneyland to attend a conference of potential city investors? How about donning his tuxedo to attend the Academy Awards, which is a critical lifeline for Los Angeles' entertainment industry? Gifts or ceremonial duty?

Some people will want to make political hay over the mayor's recent agreement with the FPPC, but the truth is that his penalty was relatively modest, and even the commission acknowledged that he acted in good faith. In order to guide this mayor and future ones, we need to be more specific as to when the mayor must report "benefits" received by attending such events. No city wants a public official who acts out of self-interest and not the interest of the citizenry. But, nothing about the recent agreement indicates that Mayor Villaraigosa did so. It does indicate, however, that if we want our public officials to follow the laws, we need to make clear what those laws are.

Prof. NeJaime guest blogs about Perry on Balkinization

By Associate Professor Doug NeJaime

In anticipation of his presentation during a session on "The Constitutional Politics of Equality" during the upcoming conference at the University of Texas School of Law, The Constitution in 2020: The Future of Equality, Associate Professor NeJaime wrote the following blog post for Balkinization.

Popular accounts and media commentary on the federal suits challenging the Defense of Marriage Act (DOMA) and California's Proposition 8 focus largely on the inevitable march toward marriage equality. Implicit in such accounts is a claim about the impact of favorable court decisions on the LGBT rights agenda. After a district court victory in the Massachusetts DOMA case and the more recent announcement by Attorney General Holder that DOMA is unconstitutional under an appropriately heightened standard, the toppling of the federal ban seems imminent. After the district court's decisive blow to Prop. 8 in the Perry v. Schwarzenegger litigation and a Ninth Circuit oral argument before a generally receptive panel, commentators have focused on the impact of positive judicial intervention on same-sex couples in California.

Read the complete post at Balkinization.

Loyola hosts Franky Carrillo to discuss wrongful murder conviction

Loyola Law School's Center for Restorative Justice hosted a talk on campus on Monday by Francisco "Franky" Carrillo, who last week was released from prison after 20 years of incarceration for a murder he did not commit. Carrillo will discuss his experience with the criminal justice system and his legal struggle to prove his innocence.

Carrillo was 16 years old when he stood trial for murder. Based primarily on eyewitness testimony, he was sentenced to two life sentences. Several witnesses recanted their identification of him as the killer in a 1991 drive-by shooting. Last Wednesday, Los Angeles Superior Court Judge Paul A. Bacigalupo ruled to have Carrillo released.

Clinical Professor Scott Wood, director of Loyola's Center for Restorative Justice, was instrumental in securing the release. Wood persuaded the Los Angeles County District Attorney's Office to review the case at the urging of Carrillo's lawyer, Ellen Eggers. Eggers, a state public defender, was honored with the St. Ignatius of Loyola Award at a ceremony at Loyola on Feb. 10 for her pro bono work on the case.

Dean Gold discusses the importance of diversity to quality of education in new Huffington Post piece

Dean Victor Gold published an op-ed on the Huffingon Post, "What's Really Behind U.S> News' Refusal to Consider Diversity?

Loyola ranked #54 on 2012 U.S. News list

Loyola Law School, Los Angeles was ranked No. 54 out of 190 law schools in U.S. News & World Report's 2012 edition of "America's Best Graduate Schools," rising two spots from its 2011 rank of No. 56 and achieving its highest mark since the current ranking format took effect in 2003. Over the last two years, Loyola has improved 17 spots in this national ranking. Loyola also ranked among the best in the nation in specialty areas: fifth for trial advocacy and 10th for tax law. Additionally, Loyola ranked ninth in the nation for the diversity of its student body. Learn more.

Stephanie M. Stern presents 'The Citizenship Virtues of Homeownership'

Stephanie M. Stern, associate professor of law and Norman and Edna Freehling Scholar, Chicago-Kent College of Law, presented "The Citizenship Virtues of Homeownership" during Loyola's Faculty Workshop Series.

Loyola hosts Saul Levmore as Order of the Coif Distinguished Visitor

Loyola Law School was chosen to host Saul Levmore, William B. Graham Distinguished Service Professor of Law and former Dean of the University of Chicago Law School, as the 2011 Order of the Coif Distinguished Visitor. Professor Levmore is one of the world's leading legal academics, with diverse interests in torts, corporations, non-profit organizations, comparative law, public choice, corporate tax, commercial law, insurance, and contracts and copyright law. He will be Loyola's campus on Monday, March 14 and Tuesday, March 15.

The highlight of Professor Levmore's visit will be a campus-wide lecture on Tuesday, March 15 from 12-1 p.m. in Robinson Courtroom. The topic of the talk is Precedent and Convergence. The abstract is below:

Lawmakers often seem inconsistent when their views are aggregated through legislative votes or dueling judicial opinions. To different degrees they are bound by precedent, so that law is "path dependent." It is therefore puzzling that different legal systems so often end up with the same rules, as is true for comparative negligence, contract damages, and many other familiar doctrines. An exploration of this puzzle illuminates such things as the role of judges and even the ways in which associates are promoted within law firms. There emerges a new and improved understanding of the different tasks assigned courts and legislatures.