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Prognostications for 2008

By Megan Kinneyn | Dec. 2, 2007

Law Office Management

Dec. 2, 2007

Prognostications for 2008

Members of California Lawyer's editorial advisory board peer into the future to predict what will happen in the law next year.

      David Balabanian
      Bingham McCutchen
      In a 5?4 vote, the U.S. Supreme Court will hold that, by virtue of its lower number and greater clarity, the Third Amendment is a more "original" and accurate expression of the Founders' intent than the Fourth Amendment regarding governmental intrusion into private homes. Accordingly, the Court will find that the only intrusion the Constitution proscribes is the quartering of troops.
      Jeffrey Bleich
      Munger, Tolles & Olson
      Despite suggestions in oral argument to the contrary, Justice Kennedy will join a 5?4 majority in the Medellin v. Texas case, holding that the Mexican nationals who prevailed before the International Court of Justice are now entitled to a hearing on the merits of their claims that they were in fact denied their consular rights.
      Erwin Chemerinsky
      Duke University School of Law
      More than one-third of the U.S. Supreme Court's cases will once again be decided by a 5?4 vote. However, unlike this past session, Justice Kennedy will more often cast his deciding vote with the liberal bloc (Stevens, Souter, Ginsburg, and Breyer).
      Bonnie M. Dumanis
      San Diego County District Attorney
      Californians will wake up to the magnitude of the problem of unsolved homicides. In the past 20 years, there have been more than 23,000 unsolved murders statewide. In 2008 the governor and Legislature will work together to provide funding that will help law enforcement solve more cold-case homicides.
      Gregory M. Gallo
      DLA Piper US LLP
      In response to the pressures of globalization, California will see at least four major law firm mergers next year.
      Ronald M. George
      California Supreme Court Chief Justice
      The courts will continue to be challenged by the sheer number of self-represented litigants who cannot afford counsel. In fact, my prediction is that in Los Angeles alone, more than 65,000 litigants without lawyers will make use of the self-help center at the Los Angeles Superior Court's downtown courthouse.
      Clyde D. Leland
      Leland Communications
      Two calls: First, a lawyer will be elected president. And second, slugger Barry Bonds, tired of enduring accusations that he lies and cheats, will go to law school.
      Bill Lockyer
      California State Treasurer
      Governor Schwarzenegger will formally abandon the Republican Party and become an independent. He will also announce the formation of a California Constitution Revision Commission to reform the state tax system, make all current constitutional offices appointive, and replace the current Legislature with a new, unicameral, proportionate-representation body.
      Jonathan S. Shapiro
      Writer, producer
      To prevent Ron George from resigning as chief justice of the state Supreme Court to pursue a career in politics, the Legislature will pass emergency legislation declaring George the first legally recognized god. His birthday will become a state holiday, his biography will be part of the standard (and tested) fifth-grade school curriculum, and he will no longer have to abide by the state's driving restrictions-as long as he does not seek elective office.
      Gerald F. Uelmen
      Santa Clara University School of Law
      By a vote of 5?2 or 6?1, the California Supreme Court will reject the claim that same-sex couples have a constitutional right to marry.

Megan Kinneyn

Daily Journal Staff Writer

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